2022-110-E-Planning-Fred Smith Company-Construction of the Lake Orane Erision control barrier replacement project base bid scope only

Browse Search

DocuSign Envelope ID:98CAB32E-1814-4C97-B61E-B14BE79B81EA Orange County,North Carolina Lake Orange Erosion Control Barrier Replacement 1. The Contractor and Surety joint-y and severally. bind 6. If a not ce of non payment required by Paragraph 5.1 1 is themselves, their heirs, executors. administrators. given by the Owner to the Contractor, that;5 sufficient to successors, and ass gns to the Owner to pay for abor. satisfy a Cla mans s obigation to furnish a written not;ce of materials and equipment furnished for ustp in the non-payment under Paragraph 5 1.1. performance of the Construction Contract. which is incorporated here-n by reference subject to the following 7. When a Claimant has satisf ed the cendit'ons of Paragraph terms 5 1 or 5.2, whichever is appl cable, the Surety sha I promptly and at the Surety's expense take the following 2. If the Contractor promptly makes payment of a.l sums due actions: to Claimants,and defends,indemn f-es.and hods harmless the Owner from c-a ms, demands, liens, or suits by any 7 1 Send an answer to the Claimant. with a copy to the person or entity seeking payment for labor materials, or Owner within sixty (60) days after re._eipt of the equipment furnished for use on the performance of the Claim stating the amounts that are undisputed and Construction Contract. then the Surety and the Contractor the basis for challenging any amounts that are shall have no obligat on under this Bond disputed:and 3. If there is no Owner Default under the Ccnstruct;n 7.2 Pay or arrange for payment of any undisputed Contract. the Surety s ob igation to the Owner under tPis amounts Bond shall arise after the Owner has promptly not fled the Contractor and the Surety (at the address described in 7.3 The Surety's failure to discharge �ts obligations Paragraph 13)of c aims,demands,liens or suits against the under Paragraph 7.1 or 7.2 shall not be deemed to Owner or the Owners property by any person or entity constitute a waiver of defenses the Surety or seeking payment for labor, materials, or equipment Contractor may have or acquire as to a Clam, furnished for use n the performance of the Construction except as to undisputed amounts for which the Contract. and tendered defense of such claims. demands. Surety and C a;mant have reached agreement. if liens,or suits to the Contractor and the Surety however the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall 4. When the Owner has satisfied the cond Mons in Paragraph indemnify the Claimant for the reasonable 3, the Surety shal promptly and at the Surety's expense attorney's fees the Claimant incurs thereafter to defend, indemnify.and hold harmless the Owner against a recover any sums found to be due and owing to the duly tendered c aim.demand,lien,or suit Claimant. 5. The Surety's obl gallons to a Claimant under this Bond sha 1 8, The Surety's total obligation shall not exceed the amount of arise after the following: this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 73, and the amount of th-s 5.1 Claimants who do not have a direct contract with Bond shall be credited for any payments made in good faith the Contractor, by the Surety. 5.1.1 have furnished a wr tten notice of non- 9. Amounts owed by the Owner to the Contractor under the payment to the Contractor, stating w-th Construction Contract shall be used for the performance of substantial accuracy the amount claimed the Construction Contract and to satisfy claims, if any. and the name of the party to whom the under any construction performance bond. By the materials were. or equipment was Contractor furnishing and the Owner accepting this Bond. furnished or supplied or for whom the they agree that all funds earned by the Contractor n the abor was done or performed, within performance of the Construction Contract are dedicated to ninety (90) days after having last satisfy obligations of the Contractor and Surety under this performed labor or last Turn shed materials Bond, subject to the Owner's priority to use the funds for or equipment included in the Cla m;and the completion of the work. 5.1.2 have sent a Claim to the Surety (at the 10. The Surety shall not be liable to the Owner, Claimants. or address described in Paragraph 13). others fur obl gations of the Contractor that are unre aced to the Construction Contract. The Owner shall not be(Fable 5.2 Claimants who are employed by or have a direct for the payment of any costs or expenses of any Claimant contract with the Contractor have sent a Clam to under this Bond and shall have under this Bond no the Surety (at the address described in Paragraph ob igation to make payments to or give notice on beha f of 13), C a mants, or otherwise have any obligations to Claimants under this Bond. E1CDC•C•615,Payment Bond Copyright®2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3