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RELIANCE INSURANCE COMPANY
<br /> Head Office,Philadelphia,Pennsylvania
<br /> LABOR AND MATERIAL PAYMENT BOND
<br /> The American Institute of Architects,AIA Document A311,February 1970 Edition
<br /> THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
<br /> OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
<br /> KNOW ALL MEN BY THESE PRESENTS: That (here insert full name and address of legal title of Contractor)
<br /> Blythe Construction,Inc.
<br /> Post Office Box 31635
<br /> Charlotte,NC 28231
<br /> as Principal,hereinafter called Contractor,and RELIANCE INSURANCE COMPANY,a corporation of the State of Pennsylvania,with
<br /> its Head Office at Philadelphia,Pennsylvania,as Surety,hereinafter called Surety, are held and firmly bound unto(Here insert full name
<br /> and address or legal title of Owner) The County of Orange
<br /> 200 S.Cameron Street
<br /> Hillsborough,NC 27278
<br /> as Obligee,hereinafter called Owner,for the use and benefit of claimants as hereinbelow defined,in the amount of
<br /> One Hundred Seventy-six Thousand Eight Hundred and No/100 ----
<br /> Dollars ($176,800.00--- ), for the payment whereof Principal and Surety bind themselves,
<br /> their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents.
<br /> WHEREAS,Contractor has by written agreement dated June 2 , 1997,entered into a contract with Owner
<br /> for
<br /> Orange County Motor Pool
<br /> Rework of existing ABC,new ABC asphalt paving
<br /> (BCI Job#71020-126)
<br /> in accordance with Drawings and Specifications prepared by(Here insert full name and address or legal title of Architect)
<br /> which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
<br /> NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
<br /> claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then
<br /> this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions:
<br /> 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor,
<br /> material, or both, used to reasonably required for use in the performance of the Contract, labor and material being construed to include
<br /> that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract.
<br /> 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein
<br /> defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such
<br /> claimant's work or labor was done or performed, or materials were furnished by such claimant,may sue on this bond for the use of such
<br /> claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The
<br /> Owner shall not be liable for the payment of any costs or expenses of any such suit.
<br /> 3. No suit or action shall be commenced hereunder by any claimant:
<br /> a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the
<br /> following: the Principal,the Owner, or the Surety above named,within ninety(90)days after such claimant did or performed the last of
<br /> the work or labor, or furnished the last of the materials for which said claim is made, stating with the substantial accuracy the amount
<br /> claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such
<br /> notice shall be served by mailing the same by registered mail or certified mail,postage prepaid,in an envelope addressed to the Principal,
<br /> Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which
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