HomeMy WebLinkAbout2011-291 AMS - J. F. Wilkerson Contracting Company for contract work for Efland Sewer arr � 7- y. �
CONTRACT
(AGREEMENT)
ORANGE COUNTY
SANITARY SEWER IMPROVEMENTS
FOR
BUCKHORN AREA NORTH OF I-85
CENTRAL EFLAND
CONTRACT NO: 2007-1
THIS AGREEMENT,made this 31 st day of August $2011 ,by and
between ORANGE COUNTY,Party of the fast part,hereinafter called"OWNER"and
J.F.Wilkerson Contracting Company,Inc. doing business as (an individual), or (a partnership) or (a
corporation),Party of the second part,hereinafter called"CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The CONTRACTOR will commence and complete the construction work as specified in these Contract
Documents.
2. The CONTRACTOR will furnish all.of the material, supplies, tools, equipment, labor and other services
necessary for the construction and completion of the PROJECT described herein.
3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS not later than the
date set by the OWNER in the NOTICE TO PROCEED and will complete work outlined by the Proposal unless .
the period for completion is extended otherwise by the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and
comply with the terms therein for the sum of$2,942,954.46
S. The term"CONTRACT DOCUMENTS"means and includes the following:
A. INVITATION FOR BIDS(ADVERTISEMENT)
B. SPECIAL NOTICE—NORTH CAROLINA SALES TAX
C. INSTRUCTIONS TO BIDDERS
D. GENERAL CONDITIONS AND SUPPLEMENT TO GENERAL CONDITIONS
E. TECHNICAL SPECIFICATIONS
F. GENERAL DESCRIPTION OF COST ITEMS
G. BID BOND AND BID FORM
H. CONTRACT(AGREEMENT)
I. PAYMENT BOND
J. PERFORMANCE BOND
K. INSURANCE POLICIES AND CERTIFICATES
L. NOTICE OF AWARD
M. NOTICE TO PROCEED
N. CHANGE ORDER
O. DRAWINGS prepared by Coulter Jewell Thames,'P.A.
P. ADDENDA
No. 1 dated June 6 20 11
No. 2 dated June 15 -.2011
No. dated ,20_
No. dated ,20
Q. POWER OF ATTORNEY
R. N.C.D.O.T.HIGHWAY ENCROACHMENT AGREEMENTS
S.' NORFOLK-SOUTHERN RAILROAD ENCROACHMENT AGREEMENTS
6. The OWNER will pay the CONTRACTOR in the manner and at such times as set forth in the General
Conditions such amounts as required by the CONTRACT DOCUMENTS.
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SECTION I: W1TNESSETH,That for and in•consideration of the payments to be made the CONTRACTOR at its,
their,or his own proper cost and expense and with skill and diligence,hereby agrees to do all of the work,furnish all
of the materials, labor and equipment necessary to -construct, complete ready for continuous use and place in
operation such portion thereof as may be awarded to said Contractor, all in accordance with the Specifications
attached and the Plans and Instructions to Bidders and the Proposal,and such detailed directions,drawings, and so
forth as may be given by the Engineer from time to time during the construction, and in full compliance with the
Agreement.
SECTION I1: The party of the first part agrees to pay and the party of the second part agrees'to receive the prices
stated in the proposal attached hereto in .full compensation for furnishing materials and for all labor in moving
materials and executing all the work contemplated in this Contract; and the party of the second part for said
consideration shall be responsible for all loss or damage arising out of the nature of the work aforesaid or from any
action of the elements, or from any unforeseen 'obstruction or difficulties which may be encountered in the
prosecution'of the work and the delivery of same,and for all risks of every description connected with the work,and
furnishing the.materials,.until their final completion and acceptance; also for all expense incurred by or in
consequence of the suspension or discontinuance of said work and furnishing said materials,according to the Plans,
Specifications,and requirements of the Engineer under them.
SECTION Ill: Whenever the word"OWNER" is used, it shall be held to mean ORANG)B'COUNTY. Whenever
the word"CONTRACTOR"is used,it shall be held to mean the Contractor,or firm of Contractors,or any member
of the firm contracting for any part of the work or materials herein specified, viz: The party of the second part of
this.Agreement,his their, or its authorized agent. Whenever the word'.ENGINEER!' is used, it shaII be held to
mean the Engineer of Coulter Jewell Thames,P.A.,or his authorized representative,except as specifically provided
by the Owner.
SECTION 1V: The work shall'be commenced not Iater than the date set by the Owner in the NOTICE TO .
PROCEED and diligently prosecuted to completion within the time stated in the Bid Form, thereafter, with
allowance for abnormal weather. Should the work or delivery of materials be interrupted or delayed by abnormal
weather, the time of completion shall be extended by the amount of tune of said'delay or interruption caused by
abnormal weather. Abnormal weather ii defined as tornados, hurricanes, floods and excessive inclement rainy '
weather above and beyond reasonable anticipated rainy weather. For the purpose of this Contract,'the Contractor
agrees to anticipate and plan for inclement rainy weather for the number of calendar days in accordance with the
following table:
ALLOWANCE FOR RAINY DAYS/MONTH
January 7 Aril 6 July 8 October 5
February 6 May 7 August 6 November 5
March 7 June 6 September 5 December 6
No allowance for an extension of the contract time will be.aliowed for rainy days until the above allowance has been
exceeded for each .month. For an allowance of additional time due to rainy weather, the'Contractor will need to
substantiate to the satisfaction of Orange County that there was an excess of rainy days beyond that referenced in the
chart above 'using data from the National Weather Service Station at RDU Airport, North Carolina or at another
nearby weather station acceptable to Orange County. It is further agreed that the Board of County Commissioners
shall have the right at its discretion to extend the time-for completion of the work. The Contractor agrees to pay to
the Owner as liquidated damages the sum of$80o.00 for each consecutive calendar day that the work remains
incomplete between the agreed completion date and the date of actual completion and any adjustments to the date of
actual completion so approved by change order by Orange County.
SECTION V: The Contractor agrees not to employ an incompetent or disorderly person on the work, and shall
employ competent and experienced foremen to be in charge of the work,or subdivisions thereof.
SECTION VI: The Engineer shall determine the quality and quantity of the several kinds of work and materials
which are to.be paid for under this Contract; and shall determine all questions in relation to lines, levels, and
dimensions of the work,and in respect of the interpretation of the Plans and Specifications.
SECTIONVII: The party of the first part,through the Engineer,shall have the right to make alterations, additions,
modifications, or omissions in the Plans and Specifications for the work without notice to the'Surety on the
Performance and Payment Bonds', and such alterations, additions, modifications, or omissions shall not void or
112
violate this Contract or discharge the Surety from its obligations. Whenever during the progress Of the work any
additional work or materials or changes or modifications in-the work or materials contracted for are agreed upon
between the Owner and the Contractor, such additional work�or 'materials, alterations or modifications shall be
considered and treated as though originally contracted for and shall be subject to all terms and conditions and
provisions of the original amount.
SECTION VIII: Whenever the Contractor is not upon any part of the work where it is desired by the Engineers to
give*instructions, the Superintendent or Foreman,who may be in charge of the particular part of said work,shall
receive and obey said instructions from the Engineers, provided such instructions are in cbrapliance with the
Contract.
SECTION IX: The party of the first part may require the Contractor to furnish-additional materials, and to do
additional work not provided in the Contract or in the Specifications, but which may be found necessary to the
proper prosecution and completion of the work embraced.in this Contract,at prices to be fixed by the prices named
in the Proposal,or on Material and Force Account,with fifteen(15)percent added for overhead and profit No other
work than that included in the Contract shall be done,and n'o additional material shall be furnished by the Contractor
without written order from the Engineers. In the absence of such written order from the Engineers,the Contractor
shall not be entitled to•payment for such additional work. Wills for'extra work shall be filed in triplicate with the
Engineer within 24 hours after such work is done,in order that the Engineer may check and establish the accuracy of
the extra work bills. in making charge for extra work no allowance shall be made for the use of small tools.
SECTION X; The party of the firsit part acting through the Engineers reserves the right to place inspectors.on the
work or at the place of shipment,or delivery of materials, or at factory or works of the Contractor,to observe the
quality and character of the work.done and materials used and the Contractor agrees to afford said inspectors all
proper facilities for carrying out their duties.
It is agreed.and understood that the right of the party of the first part through its Engineers, or Inspector, or other
agent to supervise the work and materials,is retained,in order to secure the completion of the work according to the
Plans, Specifications, and Contract without unnecessary inconvenience to the public, but nothing contained in the
Contract and Specifications shall be taken or understood to authorize such control of any of his, their, or its
obligations,or as to make the Contractor an agent of the party of the first part
The Engineer may interpret but has no power to vary the terms of this Contract and any variation from the terms
shall be at the Contractor's own risk.
SECTION XI: The Contractor will indemnify and hold harmless the Owner and Engineer, their agents,servants,
and employees, from and against any and all costs, loss, expense or damage of any kind, including attorney's bies,
"threatened against or suffered by said parties and arising in any matter out of this Contract or this work contemplated
by this Contract,due to any act of negligence,omission or commission on his part..
Contractor guarantees the faithful performance of the terms of this Contract and the payment for all materials and
labor necessary or famished for the performance of the work hereunder, paymeni and performance bonds as set
forth in the specifications hereto being attached to this Contract and specifically incorporated herein by reference.
SECTION X11- The Contractor agrees to look after the execution of this Contract personally, and agrees not to
assign or sublet any portion of same without the consent of the party of the first part The subletting or assignment
of any part of the work by the-Contractor shall not in any way relieve the Contractor of his responsibilities or
obligations,and the party of the first part will took to the Contractor and not to the subcontractor or assignee for the
faithful performance of the work.
SECTION XIII: The Contractor shall immediately remove and reconstruct at his own expense all work or materials
not in accordance with this Contract, and any failuie on the part of the Engineer to disapprove of any work or•
material at or before a monthly estimate,'or at any otheitime before the final completion and acceptance of the
entire work or material,or any part of it,shall not relieve the Contractor or Surety on his Performance and Payment -
Bonds from their obligations of faithful performance of the Contract, notwithstanding such work or material may
have been estimated and paid for.
SECTION XIV: Partial payments will be made once a month on 95 percent of the actual work completed to the
satisfactory of Orange County.There will be no compensation for materials stored on-site. Payment will be based
upon completed work at the unit or hump sum prices named in the Items. Retainage may be reduced to zero percent
113
(0 0/.)after fifty(50 0/6)billing at the Owner's discretion provided the Project is on or ahead of schedule and the work
has been determined to be satisfactory. On the completion of the work, the'Contractor shall proceed with due
diligence to measure up the work and materials and present his monthly pay request. With final payment,-the
Contractor will provide Orange County Consent of Surety Company to Final Payment and Contractor's Affidavit of
payment of Debts and Claims forms to the Engineer for review and approval,whereupon the Owner shall pay, or
cause to be paid, such amount less payments previously made. The payment of such final amount shall release the
.party of the first part from all claims for work done or materials furnished under this Contract
SECTION XV: The party of the first part may at any time require full release of all claims for materials or labor
furnished for this work and may withhold payments of any estimate until same is produced.
SECTION XVI: The Contractor shall execute the work in'such a manner as to be of least inconvenience to the
Owner and public. He shall comply with all ordinances and regulations affecting in any manner his work,and all
sanitary rules and regulations, taking precaution to avoid creating unsanitary conditions. The Contractor shall
acquire all permits necessary to complete the work specified in the Specifications.
SECTION XVII: The Contractor further agrees that if the work to be done under this Contract shall be abandoned,
or if the Contract shall be assigned by the Contractor otherwise than as herein provided,or if the Contractor should
become insolvent or have a Receiver appointed or volufntarily go into Bankruptcy or be placed in bankruptcy,or if at
Any time_the Engineer shall be of the opinion, and shall so certify in writing to said Owner that the work is
unnecessarily or unreasonably delayed,or that said Contractor.is willfully violating any terms or conditions of this
Contract,or is not executing the Contract in good faith,or is not making such progress in the execution of said work
as to indicate its completion within the time specified,said party of the first part shall have the right to notify said
Contractor to discontinue said work or such parts or parts thereof as said party of the first part may designate; and
subject to the Surety's rights hereunder said party of the fast part shall thereupon have the power and the right to
employ by contract or otherwise, and in such manner and at such prices as it may determine, any persons,
implements,tools and other means of construction which it may deem necessary to work at and be used to complete
the work herein described or such part or parts of it as said party of the first part may have designated; also the
power to use such appliances, implements,tools and materials, and means of construction of every description as
may be found upon the line of said work,both such as enter into the completed work and such as are necessarily
used in-and about the same and to procure other materials for the completion of the same,and for carrying out the
terms of this Contract;.also to charge the expense of all said superintendence, labor,materials, trucks, machinery,
appliances,implements,tools,and other means of construction to said Contractor•,and the expense so charged shall
be deducted and paid by said party of the first part out of such moneys as may be due or become due at any time
thereafter to said Contractor, it is agreed that said Contractor shall be entitled to receive the difference; and in case
such expense shall exceed the sum which would have been payable under this Contract,'if the same had been
completed by said Contractor,then said Contractor shall pay the amount of such excess to the party of the first part
on notice from said party of the fast part of the excess so due.
It is further agreed that neither an extension of time for any reason,beyond that fixed.herein for the completion of
such work; nor the.performance and the acceptance of any part of the work; nor delivery and acceptance of any
materials called for by this Contract, shall be deemed to be a waiver by said party of the first part of the right to
assume control of this Contract for the reason and in the manner hereinbefore provided.
SECTION XIII: The Contractor shall be responsible for all fees or claims for any patented invented used by him,
and shall defend any suit that may be brought against the party of the first part and shall hold said party of the first
part harmless for use or infringements of any patented thing or method used in connection with the work herein
specified.
SECTION NIX: The Contractor hereby agrees that he has read each and every clause of this Contract and fully
understands the meaning of same,and that he will comply with all of its terms. This Agreement is to be executed in
three(3)copies;one copy to be delivered to the Contractor,one to be retained by the party of the first part,and one
to be retained by the Engineer.
114
IN WITNESS WHEREOF,the said Parties have executed this Agreement on the day and date written by signing in
name.its President,the Corporate Seal affixed and attested by its Secretary,all by order of its Board of Directors,the
party of the second part and ORANGE COUNTY,party of the first part,has caused this instrument to be executed
in its name by the COUNTY BOARD OF COMMISSIONERS,attested by the Clerk To The Board and its Official
Corporate Seal to be affixed all by order of its County Board of Commissioners,each of which shall without proof
or accounting for other counterparts,be deemed an original.Contract.
ATTES OWNER
ORA NGE/COUNTY
BY:
Clerk To The Board
ADDRESS:200 South Cameron Street
(SEAL) e' �o un f¢ Hillsborou&h North Carolina 27278
V
ATTEST rt .�� CONTRACTOR:
J F Wilkerson Contracting Co., Inc
C rporate Secretary BY:
TITLE --�
. AD� RESS: 10710 Chapel Hill Road
(SEAL) Morrisville, NC 27560
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Contract
. Act.. 1�
BY: n
TITLE:
DATE: W 301 L t
APPROVAL.AS TO FORM:
TVYATTORNEY
C
115
BID BOND
KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned,
.as Principal,and Surety,are hereby held and firmly bound unto ORANGE COUNTY as OWNER in the penal sum
of
for the payment which,well and truly to be made,we hereby jointly and severally bind ourselves,successors and
assigns.
Signed this day of ,20—
The Condition of the above obligations is such that whereas the Principal has submitted to ORANGE COUNTY a
certain BID,attached hereto and hereby made a part hereof to enter into a contract in writing for the
NOW THEREFORE,
If said BID shall be rejected,or
If said BID shall be accepted and the Principal shall execute and deliver a contract in the form of Contract attached
hereto(properly completed in accordance with said BID)and shall furnish a BOND for his faithful performance of
said contract,and for the payment of all persons performing labor or furnishing materials in connection therewith,
and shall in all other respects perform the agreement created by the acceptance of said BID,
then this obligation shall be void,otherwise the same shall remain in force and effect-,it being expressly understood
and agreed that the liability of the Surety for any and all claims hereunder shall,in no event,exceed the penal
amount of this obligation as herein stated.
The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its BOND shall
be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID;and
§aid Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals,and such of them as
are corporations have caused their corporate seals to be affixed hereto and these presents to be signed by their proper
officers,the day and year set forth above.
L.S.
Principal
Surety
By.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list
(Circular 570 as amended)and be authorized to transact business in the State of North Carolina.
116
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: that
(Name of Contractor)
(Address of Contractor)
a hereinafter called Principal,and
(Name of Surety)'
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto ORANGE COUNTY, 200 South Cameron Street,
Hillsborough,North Carolina,27278,hereinafter called OWNER,in the penal sum of
Dollars($ } in lawful
money of the United States,for the Payment of which sum.well and truly to be made,we bind ourselves,successors,
and assigns,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas,the Principal entered into-a certain contract with
the OWNER, dated the day of 20 , ,a copy
of which is hereto attached and made a part hereof for the construction of
NOW THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings,
covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions
thereof which may be granted by the OWNER,with or without notice to the Surety and during the one year guaranty
period, and if he shall satisfy all claims and demands incurred under such contract,and shall fully indemnify and
save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so,and shall
reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default,
then this obligation shall be void,otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change,
extension of time,alteration or addition to the terms of the contract or to WORK to be performed thereunder or the
Specifications accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the
WORK or to the SPECIFICATIONS.
PROVIDER, FURTHER,that no final settlement between the OWNER and the CONTRACTOR shall abridge the
right of any beneficiary hereunder,whose claim may be unsatisfied.
117
IN W_ITNESS WHEREOF, this instrument is executed in counterparts, each one of which
shall be deemed an original,this the day of ,20
ATTEST:
Principal
(Principal)Secretary
BY:
(Witness as to Principal) •(SEAL)
Address Address
ATTEST:
Surety'
(Surety)Secretary
(SEAL)
Witness as to Surety- BY
Attorney-in-Fact
Address Address
NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership,all partners should
execute BOND,
IMPORTANT: Surety companies-executing BONDS must appear on the Treasury Department's most current list
(Circular 570 as amended)and be authorized to transact business in the State of North Carolina.
118
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENT: that
(Name of Contractor)
(Address of Contractor)
a hereinafter called Principal,and
(Name of Surety)
(Address of Surety)
hereinafter called Surety,are held and firmly bound unto ORANGE COUNTY,200 South Cameron Street,
Hillsborough,North Carolina,27278,hereinafter called OWNER,in the penal sum of
Dollars($ )in lawful money of the United States,for
the Payment of which sum well and truly to be made,we bind ourselves,successors,and assigns,jointly and
severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas,the Principal entered into a certain contract with
the OWNER,dated the day of >2C ,a copy
of which is hereto attached and made a part hereof for the construction of
NOW THEREFORE,if the Principal shall promptly make payment to all persons,firms,SUBCONTRACTORS,
and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such
contract,and any authorized extension or modification thereof,including all amounts due for materials, lubricants,
oil,gasoline,coat and coke,repairs on machinery,equipment and tools,consumed or used in connection with the
construction of such WORK,and insurance premiums on said WORK,and for all labor,performed in such WORK
whether by SUBCONTRACTOR or otherwise,then this obligation shall be void;otherwise to remain in full force '
and effect.
PROVIDED,FURTHER,that the said Surety for value received hereby stipulates and agrees.that no change, -
extension of time,alteration or addition to the terms of the contract or to WORK to be performed thereunder or-the
SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND,and it does hereby
waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the
WORK or to the SPECIFICATIONS.
PROVIDED;FURTHER,that no final settlement between the OWNER and the CONTRACTOR shall abridge the
right of any beneficiary hereunder,whose claim may be unsatisfied.
119
IN WITNESS WHEREOF,this instrument is executed in counterparts,each
one of which shall be deemed an original,this the. day of =20
ATTEST:
Principal .
(Principal)Secretary
BY:
(Witness as to Principal) (SEAL)
Address- Address.
ATTEST:
Surety
(Surety)Secretary
(SEAL)
Witness as to Surety By:
Attorney-m-Fact
Address Address
NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership,all partners should
execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury.Department's most current list
(Circular 570 as amended)and be authorized to transact business in the State of North Carolina. .
120
POWER OF ATTORNEY
(Attach Bonding Company's Agent Power•of Attorney)
121
i
INSURANCE CERTIFICATE
(Attach certificates from insurance companies that Conlzactor is carrying Public and Employee's Liability
Insurance,and Workman's Compensation Insurance,where applicable.)
122
THE AMERICAN INSTITUTE OF ARCHITECTS
t
Bond No. 6419167
AIA Document A312
Performance Bond
Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
J. F.Wilkerson Contracting Co., Inc. Great American Insurance Company
P.O. Box 183 301 East Fourth Street
Morrisville, NC 27560 Cincinnati, OH 45202
OWNER(Name and Address):
Orange County
P.O. Box 8181
Hillsborough, NC 27278
CONSTRUCTION CONTRACT
Date:
Amount:$2,942,954.46 Two Million Nine Hundred Forty Two Thousand Nine Hundred Fifty Four Dollars and 461100
Description(Name and Location): Sanitary Sewer Improvements for Buckhorn Area North of 1-85 Central
Efland-Contract No.2007-1
BOND
Date(Not earlier than Construction Contract Date):
Amount: $2,942,954.46 Two Million Nine Hundred Forty Two Thousand Nine Hundred Fifty Four Dollars and 46/100
Modifications to this Bond: None ❑ See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate
J. F. Wilkerson Contracting Co., Inc. Great Amer' an.Insurance Com an _.�1 INSV,�
Signature: ' ' o-jj Signature
Name and 'le: Name and Title:Catheri m Ste; •3
Attorney-in-Fact w•:
(Any additional signatures appear on page 3) W••
(FOR INFORMATION ONLY-Name,Address and Telephone) OWNER'S REPRESENTATIVE(Archft ngfneerora
AGENT or BROKER: party)
Willis
4000 CentreGreen Way, Suite 250
Cary, NC 27513
ALA DOCUMENT A312.PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20008 A312-1984 1
THIRD PRINTING.MARCH 1987
1 The Contractor and the Surety, Jointly and severally, which it may be liable to the Owner and,as
bind themselves,their heirs, executors,administrators, soon as practicable after the amount Is deter-
successors and assigns to the Owner for the performance mined, tender payment therefor to the
of the Construction Contract,which is Incorporated herein Owner;or
by reference. .2 Deny liability in whole or in part and notify the
2 It the Contractor performs the Construction Contract, Owner citing reasons therefor.
the Surety and the Contractor shall have no obligation g If the Surety doss not proceed as provided in Paragraph
under this Bond,except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed
provided In Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an
3 If there Is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety
under this Bond shall arise after: demanding that the Surety perform its obligations under
3.i The Owner has notified the Contractor and the this Bond,and the Owner shall be entitled to enforce any
Buret a its address described in Paragraph a below remedy available to the Owner.if the Surety proceeds as
Surety g p provided In Subparagraph 4.4,and the Owner refuses the
that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in
Default and has requested and attempted to arrange a whole orin part,without further notice the Owner shall be
conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner.
held not later than fifteen days after receipt of such
notice to discuss methods of performing the construe- 6 After the Owner has terminated the Contractor's right
Lion Contract. if the Owner, the Contractor and the to complete the Construction Contract,and if the Surely
Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1,4.2, or 4,3 above,
able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall
such an agreement shalt not waive the Owner's right,if not be greater than those of the Contractor under the
any,subsequently to declare a Contractor Default;and Construction Contract, and the responsibilities of the
3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the,
3.2 The
terminated the Contractor's Contractor to complete Owner under the Construction Contract.To the limit of the
Y g P amount of this Bond,but subiect to commitment by the
the contract.Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of
clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure-
the Surety have received notice as provided in Sub- ty Is obligated without duplication for;
paragraph 3.1; and 6.1
3.3 The Owner has agreed to a the Balance of the do The responsibilities of the Contractor for norrec-
Contract Price to the Suret in accordance with the tion of defective work and completion of the ConstruC-
Y lion Contract;
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor- 6.2 Additional legal,design professional and delay
dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
4 When the Owner has satisfied the conditions of Para. under Paragraph 4; and
graph 3,the Surety shall promptly and at the Surety's ex-
pense take one of the following actions: 6.3 liquidated damages,or if no liquidated damages
a for the Contractor,with Consent of the are specified in the Construction Contract,actual dam-
4.1 Arrange ages caused by delayed performance or non-perfor-
Owner, to perform and complete the Construction mance of the Contractor.
Contract, or
perform and complete the Construe- T The Surety shall not c liable to the Owner or others for
4.2 Undertake to
pl obligationsof the Contractor that are unrelated to the Con•
tion Contract Itself,through its agents or through inde• struction Contract,and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off on account of any such
4.3 Obtain bids or negotiated proposals from unrelated obligations.No right of action shall accrue on
qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or
contract for performance and completion of the Con- Its heirs,executors, administrators or successors.
struction Contract, arrange for a contract to be pre- g The Surety hereby waives notice of any change,Includ-
pared for execution by the Owner and the contractor Ing changes of time, to the Construction Contract or to
selected with the Owner's concurrence,to be secured related subcontracts, purchase orders and other obliga-
with performance and payment bonds executed by a tions.
qualified surety equivalent to the bonds Issued on the
Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond
amount of damages as described In Paragraph 6 In ex- may be instituted in any court of competent Jurisdiction in
cess of the Balance of the Contract Price Incu rred by the the location in which the work or part of the work is located
Owner resulting from the Contractor's default; or and shall be Instituted within two years after Contractor
4.4 Waive Its right to perform:and complete,arrange Default or within two years after the Contractor ceased
for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails
reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc-
curs first, if the provisions of this Paragraph are void or
.1 After investigation,determine the amount for prohibited by law,the minimum period of limitation avait-
AiA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND a DECEMBER 1984 ED.a AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1736 NEW YORK AVE.,N.W„WASHINGTON,D.C.20008 A312-1984 2
THIRD PRINTING.MARCH 1987
able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by
shall be applicable. the Owner in settlement of insurance or other claims
10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re-
- behalf by all valid and proper payments made to or on
be mailed or delivered to the address shown on the si
g behalf of the Contractor under the Construction Con-
nature page. tract.
11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between
statutory or other legal requirement In the location where the Owner and the Contractor identified on the sig-
the construction was to be performed,any provision in this nature page, including all Contract Documents and
Bond conflicting with said statutory or legal requirement changes thereto.
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per-
Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default:Failure of the Owner,which has
12.1 Balance of the Contract Price:The total amount neither been remedied nor waived, to pay the Con-
b the Owner to the Contractor under the tractor as required by the Construction Contract or to
payable y perform and complete or comply with the other terms
Construction Contract after all proper adjustments thereof.
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.•ALA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 3
THIRD PRINTING.MARCH 1987
1
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 6419167
AIA Document A311
Labor and Material Payment Bond
THIS BOND IS ISSUED 31 MULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL.AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:that J. F.Wilkerson Contracting Co., Inc.
(Hero Insert full name and address or legal We of Conhaetor)
P.O. Box 183 Morrisville, NC 27560
as Principal, hereinafter called Principal,and, Great American Insurance Company
(Here Insert futl name and address or legal We of Surer
301 East Fourth Street, Cincinnati, OH 45202
as Surety, hereinafter called Surety,are held and firmly bound unto Orange County
(Hero insert IIA namo and address or legal We of Owner)
P.O. Box 8181 Hillsborough, NC 27278
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, In the
amount of Two Million Nine Hundred Forty Two Thousand Nine Hundred Fifty Four Dollars and 46/100
(Here inset a sum equal to at bast orwhalr of the contract price) Dollars($2,942,954.46
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns,jointly and severally,firmly by these presents.
WHEREAS,
Principal has by written agreement dated ,entered into a contract with Owner
for
(Here Insert futi=a%address and description of project'
Sanitary Sewer Improvements for Buckhom Area North of 1-85 Central Efland-Contract No.2007-1
In accordance with Drawings and Specifications prepared by
(Hero insert and aama and address or legal We of Architect)
which contract is by reference made a part hereof,and Is hereinafter referred to as the Contract.
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA
FEBRUARY 1970 EO. • THE AMERICAN INSTITUTE OFARCHITECTS,1736 N.Y.AVE,N.W,WASHINGTON,D.C.20006
1
LABOR AND MATERIAL PAYMENT BOND
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,9 Principal shall promptly make payment to all
claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the
Contract,then this obligation shall be void,otherwise it shall remain in full force and effects subject,however,to the following
conditions:
1. A claimant is defined as one having a direct and the name of the party to whom the materials were
contract with the Principal or with a Subcontractor of the fumished, or for whom the work or labor was done or
Principal for labor, material, or both, used or reasonably performed. Such notice shall be served by mailing the
required for use in the performance of the Contract, labor same by registered mail or certified mail, postage prepaid,
and material being construed to Include that part of water, In an envelope addressed to the Principal,Owner or Surety,
gas, power, light, heats oil, gasoline, telephone service or at any place where an office is regularly maintained for the
rental of equipment directly applicable to the Contract transaction of business, or served in any manner in which
2. The above named Principal and Surety hereby jointly legal process may be served in the state in which the
and severally agree with the Owner that every claimant as aforesaid project is located,save that such service need not
herein defined, who has not been paid in full before the be made by a public officer.
expiration of a period of ninety(90)days after the date on b) After the expiration of one(1)year following the date on
which the last of such claimants work or labor was done or which principal ceased Work on said Contract It being
performed, or materials were furnished by such claimant understood, however,that If any limitation embodied In this
may sue on this bond for the use of such claimant bond is prohibited by any law controlling the construction
prosecute the suit to final judgment for such sum or sums hereof such limitation shall be deemed to be amended so
as may be justly due claimant and have execution thereon, as to be equal to the minimum period of limitation permitted
The owner shall not be liable for the payment of any costs by such taw.
or expenses of any such suit c) Other than in state court of competent jurisdiction In
3. No suit or action shall be commenced hereunder by and for the county or other political subdivision of the state
any claimant in which the Project or any part thereof, Is situated, or in
a) Unless claimant, other than one having a direct the United States District Court for the district In which the
contract with the Principal,shall have given written notice to Projftt or any part thereof,is situated,and not elsewhere.
any two of the following: the Principal, the Owner, or the 4. The amount of this bond shall be reduced by and
Surety above named, within ninety (90) days after such to the extent of any payment or payments made In good
claimant did or performed the last of the wok or labor,or faith hereunder, inclusive of the payment by Surety or
furnished the last of the materials for which said claim is mechanics' liens which may be filed of record against said
made, stating with substantial accuracy the amount Improvement whether or not claim for the amount of such
claimed lien be presented under and against this bond.
Signed and seated this day of
ATTEST: J.F.Wilkerson Contracting Co., Inc.
(Prftosp (Soso
6 .
(Witnas4i
WITNESS: �1�;: t �+ Great American insurance Company
(SWOW (Beall
a'
Carol S. Card (witnesO
law
•�•''"••'�• Catherine Thompson A omey-in-Fact
"DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BONG • AIA
FEBRUARY 1970 E0. THE AMERICAN INSTITUTE OFARCHITECT%1735 N.Y.AVE,N.W.WASHINGTON,D.C.20M
2
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office:301 E 4th STREET•CINCINNATI,OHIO 45202.513-369-5000-FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than t No.0
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is
named, its true and lawful attomey-in-fact, for it and in its name,place and stead to execute on behalf of the said Company, as surety,any and all bonds,
undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
Catherine Thompson Cary NC $75,000,000.00
Surety Bond No.: 6419167
Principal: J. F.Wilkerson Contracting Co., Inc.
Obligee:Orange County
This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this day of f
Attest GREAT AMERICAN INSURANCE COMPANY
s
�3 41--
AssistantSeeretary Divisional Seator l rce President
STATE OF OHIO,COUNTY OF HAMILTON-as: DAVID a xIPCHIN(5134124602)
On this day of , ,before me personally appeared DAVID C.KITCHIN,to me known,being
duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is the Divisional Senior Vice President of the Bond Division of Great
American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;
that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said
Company,and that he signed his name thereto by like authority.
KAREN L aROSMEIM •
eui
MAIN RNKS119EGFOW
WOOMM WIMM-Wie '
r
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated June 9,2008.
RESOLVED:That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisional
Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute
on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof,to
prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary
of the Company may be affixed by facsimile to any power of attorney or certiftcate of either given for the execution of any bond,undertaking contract
ofsuretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the
original signature ofsuch officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as
though manually affixed.
CERTIFICATION
I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect.
Signed and sealed this day of ,
Assistant Secretary
S1029AC(04111)
,�++��--�'1 • JFIIVILA 012,113:CC
DATE(MMtDDNYYY)
CERTIFIC TE QF LIABILITY INSURANCE a$, 11
THIS CERTIFICATE IS ISSIiEi� Pis d MakTtEit INF(]RINATWiI .OIVLY ANA C(I!fFERS NO R1iGiliT9 UPf3Ft THE GEIiTIFiCATE HOLDER. THIS
CERTIFICATE DOES NOT 14FFIRMATNELI(. QR )11T11/ L"Y AMEN[7„EXTEND OR ALTER TIKE E`rOVERAGE AFFORpED BY THE POLICIES
BELOW. THIS CERTIFICATE OF;iNSlJi 1VG)` .06Egs>IlOT 6'OH8'iI7LtTE J1 GONTRJ�C. 13. TYIIEEBI fl E 158UING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODIUCER,.AN6 eti�f�RTl�I�>�t> :Mgl:/TETt,
IMPORTANT: B''ttle eertific e' holder Is atvAD ITIONAL IN RED; the pollay.0") must be endorsed. If SU13ROGATION IS WAIVED, subject to
the terms and conditions of the.polldy; CertelIl policies MAY xequire ari endorsemeht� A statemetit'oh`this.certMcdW does not confer rights to the
certitica e'holder In:lieu oUsuch.andorsemen s-
PRODUCER SM.9'-36sdT .C'�fd'tll..LGCaIS_:
Summers Thompson Lovvty;Inc. E FAX
100 Europa Drive
Suite 571 915=$42.4 :1 919-969- 311 No):919=9424221
Chapel II;NC 2 317 D'. 3'3 e.4th sell Sure,G:om
C.Duke Thompson CPCU ARM
INSURER iAFFURDi.G-GOVERAG;E NAIL
INSURERA attSl C,esiUal. CO.
INSURED 4.F,. .-lkerson Contracting 06. 'INSURER e'CAWlttsuranceCompany
Inc.&. 1096ph.ytlilkerson :INsuRERr �hiol:Casual Ins CO 24074
P.O.9x 963
Morri$vllle,NC 27B60 INSUaERp
�IN3.tIttER.$
COVERAGES RT.1. Ft- R SION.:NUNC ER:.
THIS IS TO CERTIFY THAT THE PCrL,ICIES OF-IM11AW-9 LISTED BOLOW'HAVE BEEN'19S4ED TO THE INSURED NAMED ABOVE:FOR:THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY ttE41Ji Krir',.�TERM 6*00NDITI'ON (IIF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUEP OR,MAY PERTAIN T E;IN3URAISIG AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSJONS AND C,ONDITIONS'OF$UCH P,OLI. ICS {I 1f3:SH NN Y}1AVE'QfiEN-#E000ED BY'PA10 CLAIMS.
INSR
TYPE OF INSURANCE ..
LIMBS
GENERAL LIABILITY E�4CHOCCUR.RENCE $ 1;000,00
A X COMMERCIAL GENERAL LIABILITY X OK/15270.0528 0410111.1 04/01112 PREMISES Es occurrence S 100,00
CLAIMS-MADE OCCUR -MED EXP.(Any one person) $ i0,00cl
PERSONAL&ADV INJURY $ 1,000,00cl
GENERALAGGREGATE $ 2,0.00,00
GENL AGGREGATE LIMrt APPLIES PER. PR CT$-COMP/OP AGG $ 2,000,00
P.ouCY Pno Lod E.m i&lh. $ 1.000 OO
AUTombsILiELIABILITY a eboiderlt 1,000;00
A X ANY.AUro g/1(!152i 5512 II 04/01/11 04101/12 BODILY INJURY(Per person) $
baO NEO SS DLIED BODILY INJURY(Per accident) S
NOTN-OSUV�YNED er sccrOMMG
X HIRED AUTOS .X A.LtrOS
$
UMBRELLA:LIAR OCCUR EACH OCCURRENCE $ 51000,00
C X EXCESS I" HCLAMS-MADE EPO"OM0417 04101771 04101112. AGGREGATE S 5,000,00
X1 NTION S SCAM:
WORKERS COMPENSAMON ATl1. fflH-
AND EMPLOYERS'LIABIUTQ y� � ''�
LLLJJJ ,. . EEL
B ANY PROPRETORIRAIJTN.MJEXECUTIVE NSA 1 Vlr 1:000ob'IB0720011A 0710111.1 07/(11'/12 E:L EACH ACCIDENT $ 500,00
OFFICER61EMBER EXCLUOEO? 500,00
(MMdatory In NH) :�.L..DI$WE-EA.EMPLOYE $
II yes,tl ON.Under 1
E E.L.DI E-POLICY•LICY LIMIT 500,00
A Installation Real: EM052700528 "101/11 I14101K2 Pier.}op 500,00
A Excess Liability ECb115443$41.7 04101'/11 04/01712 Occ 5,000,00
DESCRIPT10kOFOT'EkA110N87L0.CAT10N8)VEHICLES.IAWtrll.GQftfi101 Ad4NOPplt�MAFlts$ d�ife;:Nmero�ppaq- :rsqulHe)
ork as ordered cin Sanitary Sewer ImpTt9verhanta foT,6uolhoih Ar$>3 North of
-85,Central Efland , Cantradt#20--1
1
range County is additional insured as respsot toyenerat lTaltili;yps
TIC HOLDER CANQ LLATION
aspect to-the above callttoneti prbjet;�t.
oRANGt .
S.HOUI:D ANY OF THE At30UE�DESCRIBED-POLICIES BE CANCELLED BEFORE
THE EXPIRA116N �LLATE T REQF, NOTICE WILL Sts DELIVERED IN
ACC*RDAKCkWITNrTNEPOL1I YOR641180NS.
Orange.County
200 S.Cameron St AIFn((tRl�Ed'REPREBEMFA,TNE
Hillsborough,NC X7278
01988.2611 AGC)RE CORPORATION. All rights reserved.
ACORD 25(2010105) T.heACOR10 name and;loga are registered marks of ACORD