2013-069 Planning - J F Wilkerson Contracting - Buckhorn-Mebane EDDD Phase 2 Water and Sewer Improvemtnts $4,016,545.74

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' ^ , Bond shall be construed oaa statutory bond and not asa Construction Contract,architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractors subcontractors,and oUotheritam�forwhi�hammmohoni�eUenrn�ybo potential benefidmryof this Bond, the Contractor ohaU �ue*/�din the]ur�dic1�nwhere the labor, metmha|o prompdyfurniah�oopyofthiaBnndorohaUpennbacopy tob*made. nr equipment were furnished. 15 DEFINITIONS 15.2 Construction Contract:^'Theagreement between the Owner and the Contractor identified on the oig' 15.1Qaimant:An|ndividua|orentityhavingadinont nature page, including all Contract Document and contract with the Contractor or with o subcontractor of changes thereto, the Contractor bo furnish|abormm�h*h�|�ormquip- ' 15'3 Owner Default: Failure nf the Owner,which has mant for use in the performance pf the Contract.The neither bo pay the��on' intartofthieBondohaUbetoinu|udovv�hout|imKa- waived, tno�oromrequired hytheConmbo�ionContnmctor»n hon|n1hetenns'|abor'materials or equipment"th�� perform and complete or comply with the other terms part of water, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used inthe MODIFICATIONS TO THIS BOND ARE ASFOLLOWS: 1. Paragraph 5 above shall be amended to delete the word"or"and insert the word"and"in its place. 2. Paragraph O above is deleted in its entirety and replaced with the following: ^S After the Claimant has satisfied the conditions of Paragraph 4 and submitted all supporting documentation and any proof of claim requested by the Surety,then the Surety shall,with reasonable promptness,(1)notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts-that are disputed,including, but not limited to,the lack of substantiating documentation to support the claim as 10 entitlement or amount,and(2) pay or make arrangements for payment of any undisputed amount. The failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to,or right to dispute,such claim." (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR ASPRINCIPAL SURETY Company: (Corporate Gwa0 Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT wm12'PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1Su4so 'xwx�> � A312-1984 6 p.9748n(3n1}