HomeMy WebLinkAbout2013-069 Planning - J F Wilkerson Contracting - Buckhorn-Mebane EDDD Phase 2 Water and Sewer Improvemtnts $4,016,545.74 EJCDC
SUGGESTED FORM OF AGREEMENT 7C
BETWEEN OWNER AND CONTRACTOR FOR
CONSTRUCTION CONTRACT(STIPULATED PRICE)
THIS AGREEMENT is by and between Orange County
(Owner)and
(Contractor).
Owner and Contractor,in consideration of the mutual covenants set forth herein,agree as follows:
ARTICLE 1 -WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
Orange County Buckhorn-Mebane EDD Phase 2 Water and Sewer Improvements
ARTICLE 2-THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described
as follows:
The Work is generally described as follows: The proposed sewer improvements include the
installation of approximately 923 If of 8-inch, 5,093 If of 12-inch, and 8,976 If of 18-inch gravity sewer
and 73 manholes.
Proposed water improvements include the installation of approximately 14,020 If of 16-inch water
main.
ARTICLE 3-ENGINEER
3.01 The Project has been designed by Hobbs,Upchurch&Associates,P.A.-300 S.W.Broad Street,Southern Pines,
North Carolina 28387(Engineer),who is to act as Owner's representative,assume all duties and responsibilities,and
have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the
Work in accordance with the Contract Documents.
ARTICLE 4-CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones,if any,Substantial Completion,and completion and readiness for final payment as stated
in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed within 365 consecutive calendar days after the date when the Contract
Times commence to run as provided in Paragraph 2,03 of the General Conditions, and completed and ready for final
payment in accordance with Paragraph 14.07 of the General Conditions within 395 consecutive calendar days after the
date when the Contract Times commence to run.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-1
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss
if the Work is not completed within the times specified in Paragraph 4.02 above,plus any extensions thereof allowed
in accordance with Article 12 of the General Conditions. The parties also recognize the delays,expense,and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not
completed on time. Accordingly,instead of requiring anysuch proof,Owner and Contractor agree that as liquidated
damages for delay(but not as a penalty),Contractor shall pay Owner$500.00 for each day that expires after the time
specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial
Completion,if Contractor shall neglect,refuse,or fail to complete the remaining Work within the Contract Time or
any proper extension thereof granted by Owner,Contractor shall pay Owner$500.00 or each day that expires after the
time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready
for final payment.
B. Failure of the Contractor to commence construction within ten (10) days of the Notice to Proceed shall begin a daily
penalty to the Contractor at a rate of fifty percent(50%)of the daily liquidated damages specified in Paragraph 4.03(A)
ARTICLE 5-CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in
current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.0l.A,5.0l.B,and 5.01.0 below:
A. For all Work other than Unit Price Work,a Lump Sum of-
NA ($ NA
(words) (numerals)
All specific cash allowances are included in the above price and have been computed in accordance with paragraph
11.02 of the General Conditions.
B. For all Unit Price Work,an amount equal to the sum of the established unit price for each separately identified item of
Unit Price Work times the estimated quantity of that item as indicated in this paragraph 5.0l.B:
As provided in Paragraph 11.03 of the General Conditions,estimated quantities are not guaranteed,and determinations
of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General
Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions.
UNIT PRICE WORK
SEE ATTACHED SCHEDULE OF BID ITEMS
TOTAL OF ALL ESTIMATED PRICES:
Four Million Sixteen Thousand Five Hundred Forty Five and 74/100 Dollars $4,016,545.74
(words) (numerals)
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-2
C. For all Work,at the prices stated in Contractor's Bid,attached hereto as an exhibit.
ARTICLE 6-PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Artide 14 of the General Conditions.
Applications for Payment will be processed by Engineer as provided in the General Conditions.
6.02 Progress Payments;Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for
Payment on or about the II&day of each month during performance of the Work as provided in Paragraphs
6.02.A.I and 6.02.A.2 below. All such payments will be measured by the schedule of values established as prodded
in Paragraph 2.07.A of the General Conditions(and in the case of Unit Price Work based on the number of units
completed)or,in the event there is no schedule of values,as provided in the General Requirements:
1. Prior to Substantial Completion,progress payments will be made in an amount equal to the percentage indicated
below but,in each case,less the aggregate of payments previously made and less such amounts as Engineer may
determine or Owner may withhold,including but not limited to liquidated damages,in accordance with Paragraph
14.02 of the General Conditions:
a. 5%percent of Work completed(with the balance being retainage). If the Work has been 50 percent
completed as determined by Engineer,and if the characterand progress of the Work have been satisfactory to
Owner and Engineer,Owner,on recommendation of Engineer,may determine that as long as the character
and progress of the Work remain satisfactory to them,there will be no additional retainage;and
b. 5%percent of cost of materials and equipment not incorporated in the Work(with the balance being
retainage).
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditbm,
Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph
14.07.
ARTICLE 7-INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interestat the rate of
1.5%percent per annum.
ARTICLE 8—CONTRACTOR'S REPRESENTATIONS
8,01 In order to induce Owner to enter into this Agreement Contractor makes the following representations:
A. Contractor has examined and carefully studied the ContractDocuments and the other related data identified in the
Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general,local,and Site conditions
that may affect cost,progress,and performance ofthe Work.
C. Contractor is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost,
progress,and performance of the Work.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-3
D. Contractor has carefully studied all: (1)reports of explorations and tests of subsurface conditions at or contiguous to
the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site(except Underground Facilities)which have been identified inthe Supplementary Conditions as
provided in Paragraph 4.02 of the General Conditions and(2)reports and drawings of a Hazardous Environmental
Condition,if any,at the Site which has been identified in the Supplementary Conditions as provided in Paagraph 4.06
of the General Conditions.
E. Contractor has obtained and carefully studied(or assumes responsibility for doing so)all additional or supplementary
examinations,investigations,explorations,tests,studies,and data concerning condilons,(surface,subsurface,and
Underground Facilities)at or contiguous to the Site which may affect cost,progress,or performance of the Work or
which relate to any aspect of the means,methods,techniques,sequences,and procedures of constructionto be
employed by Contractor,including any specific means,methods,techniques,sequences,and procedures of
construction expressly required by the Bidding Documents,and safety precautions and programs incident thereto.
F. Contractor does not consider that any further examinations,investigations,explorations,tests,studies,or data are
necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the
other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the
Work as indicated in the Contract Documents.
H. Contractor has correlated the information known to Contractor,information and observations obtained from visits to
the Site,reports and drawings identified in the Contract Documents,and all additional examinations,investigations,
explorations,tests,studies,and data with the Contract Documents.
I. Contractor has given Engineer written notice of all conflicts,errors,ambiguities,or discrepancies that Contractor has
discovered in the Contract Documents,and the written resolution thereof by Engineer is acceptable to Contractor.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
ARTICLE 9-CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents,in the order of priority for resolving ccnflicts,consist of the following:
1. This Agreement(pages I to 71 inclusive).
2. Drawings consisting of all sheets with each sheet bearing the following general title: Buckhorn-Mebane EDD
Phase 2 Water and Sewer Improvements[or]the Drawings listed on attached sheet index.
3. Specifications as listed in the table of contents of the Project Manual.
4. Addenda(numbers_to_,inclusive).
5. General Conditions(pages I to 41,inclusive).
6. Supplementary Conditions(pages I to 4,inclusive).
7. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not
attached hereto:
a. Notice to Proceed(pages I to 1,inclusive).
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
005204
b. Work Change Directives.
c. Change Order(s).
8. Exhibits to this Agreement(enumerated as follows):
a. Contractor's Bid(pages 1 to 9,inclusive).
b. Documentation submitted by Contractor prior to Notice of Award(pages NA to NA,inclusive).
9. Performance bond(pages 1 to 21 inclusive).
10. Payment bond(pages 1 to 31 inclusive).
11. Other bonds
a. Bid Bond(pages 1 to 21 inclusive).
b. (pages NA to NA,inclusive).
c. (pages NA to NA,inclusive).
B. The documents listed in Paragraph 9.01.A are attached to this Agreement(except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended,modified,or supplemented as provided in Paragraph 3.04 of the
General Conditions.
ARTICLE 10-MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have themeanings stated in the General Conditions and the Supplementary
Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party
hereto without the written consent of the party sought to be bound;and,specifically but without limitation,moneys
that may become due and moneys that are due may not be assigned without such consent(except to the extent that
the effect of this restriction may be limited by law),and unbss specifically stated to the contrary in any written
consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party
hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
10.04 Severability
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-5
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall
be deemed stricken,and all remaining provisions shall continue to be valid and binding upon Owner and Contractor,
who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been
delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and
Contractor or on their behalf.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-6
This Agreement will be effective on (which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
ORANGE COUNTY /i V (-�7?,�- I
0'taj
By: By:
Title: C" itle: "LA
(CORPORATE SE [CORPORATE SEAL]
Attest: Attest:
Title: 6�d rt Title:
Address for giving notices: Address for giving notices:
131 W.Margaret Lane
Hillsborough,North Carolina 27278
License No.:
(If Owner is a corporation,attach evidence of authority to sign. If Owner (Where applicable)
is a public body,attach evidence of authority to sign and resolution or
other documents authorizing execution of Owner-Contractor Agreement.)
Agent for service or process:
This instrument has been pro-audited in the
manner required by the Local Government (If Contractor is a corporation or a partnership,attach evidence
Budget and Ftsca-1 Control Act of authority to sign.)•
'Elar-ence G.Grier,Assistant Co.Manager&
CFO
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-7
MINUTES OF ANNUAL MEETING OF
BOARD OF DIRECTORS OF
J. F. WILKERSON CONTRACTING COMPANY, INC.
The annual meeting of the Board of Directors of J. F. Wilkerson Contracting
Company, Inc. was held at the office at Morrisville, North Carolina, on the 22nd day of
April, 2011 at 2:30 P.M. The following directors were present:
Joseph M. Wilkerson
Rhonda M. Wilkerson
Being all of the directors of the Corporation.
Mr. Joseph M. Wilkerson acted as chairman of the meeting and Judy StivIand as
secretary.
The Secretary presented the waiver of notice of the meeting signed by all of the
directors, which was ordered filed with the minutes of the meeting.
The Secretary then read the minutes of the annual meeting of the directors and they
were approved as read.
The Chairman called for the nomination of officers of the Corporation. Thereupon
the following persons were nominated for offices of J. F. Wilkerson Contracting
Company, Inc.:
President Joseph M. Wilkerson
Vice President Brian Wilkerson
Secretary Judy H. Stivland
Treasurer Joseph M. Wilkerson
No further nominations being made, the nominations were closed and a vote taken.
After the vote had been counted, the chairman declared the aforesaid nominees had been
duly elected to the offices set out before their respective names.
Resolved, That, until further order of the Board of Directors, Joseph M. Wilkerson is
hereby authorized to sign construction proposals and contracts for this Corporation.
There being no further business to be discussed, upon motion duly made, seconded
and carried, the meeting was adjourned.
C TARY
Bond No.6419181
GREATAMERICAN. GREAT AMERICAN INSURANCE COMPANY
INSURANCE GROUP Ohio
CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that
changes will not be obscured as may occur when documents are reproduced.
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 E. FOURTH STREET
Morrisville, NC 27560 CINCINNATI, OHIO 45202
OWNER(Name and Address):
Orange County
200 S. Cameron St.
Hillsborough, NC 27278
CONSTRUCTION CONTRACT
Date:
Amount: $4,016,545.74 Four Million Sixteen Thousand Five Hundred Forty Five Dollars and 74/100
Description (Name and Location): Buckhorn - Mebane EDD Phase 2
BOND
Date(Not earlier than Construction Contract Date):
Amount: $4,016,545.74 Four Million Sixteen Thousand Five Hundred Forty Five Dollars and 741100
Modifications to this Bond: ] None ❑ See Page 3
CONTRACTOR AS PRINCIPAL - GREAT AMERICAN INSURANCE COMPANY
Company: I (Corporate Se 1 ( rporate Seal)
•aaa•-
J. F. Wilkerson Contracting Co., Inc. ,r,�'�••• '••,�` at
Signature:
Name and T' J6 ����j/ no athenne n
+�G� Attorney-in ct
(Any additional signatures appear on page 3) 'K""•.••��•,.-' '�
(FOR INFORMATION ONLY--Name, Address and Tele
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Willis other party):
4000 CentreGreen Way, Suite 250
Cary, NC 27513
AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA(E) A312-1984 1
F.9748B(3111)
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 5 If the Surety does 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
this Bond, and the Owner shall be entitled to enforce any
3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as
Surety at its address described in Paragraph 10 below 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 or in 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
n to complete the Construction Contract,and if the Surety
o Contract. If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4,1,o th or wn above,
to th
able time to perform the Construction Contract, but then the responsibilities of the Surety e Owner shall
such an agreement shall 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
Owner to the Surety shall not be greater than those of the
3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the
formally terminated the Contractor's right to complete amount of this Bond, but subject 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 The responsibilities of the Contractor for correc-
3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc-
Contract Price to the Surety in accordance with the tion 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
are specified in the Construction Contract,actual dam-
4.1 Arrange for the Contractor,with consent of the ages caused by delayed performance or non-perfor-
Owner,to perform and complete the Construction mance of the Contractor.
Contract; or
4.2 Undertake to perform and complete the Con 7 The Surety shall not be liable to the Owner or others for
4.2 strue--Contract itself,through its agents or through tru obligations of the Contractor that are unrelated to the Con-
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 incurred 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 avail-
AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA® A312-1984 2
F.9748B(3111)
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
for damages to which the Contractor is entitled,re-
10 Notice to the Surety,the Owner or the Contractor shall duced by all valid and proper payments made to or on
be mailed or delivered to the address shown on the sig- 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
neither been remedied nor waived,to pay the Con-
12.1 Balance of the Contract Price:The total amount tractor as required by the Construction Contract or to
payable by the Owner to the Contractor under the 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.-AIA® A312-1984 3
F.9748B(3111)
Bond No.6419181
GREAT AMERICAN INSURANCE COMPANY
INSURANCE GROUP Ohio
CAUTION:You should use an original AIA document which has this caution printed in red.An original assures that
changes will not be obscured as may occur when documents are reproduced.
AIA Document A312
Payment 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.
P.O. Box 183 GREAT AMERICAN INSURANCE COMPANY
301 E. FOURTH STREET
Morrisville, NC 27560 CINCINNATI, OHIO 45202
OWNER(Name and Address):
Orange County
200 S. Cameron St.
Hillsborough, NC 27278
CONSTRUCTION CONTRACT
Date:
Amount: $4,016,545.74 Four Million Sixteen Thousand Five Hundred Forty Five Dollars and 74/100
Description (Name and Location): Buckhorn -Mebane EDD Phase 2
BOND
Date(Not earlier than Construction Contract Date):
Amount: 4,016,545.74 Four Million Sixteen Thousand Five Hundred Forty Five Dollars and 74/100
Modifications to this Bond: ❑ None ® See Page 6
CONTRACTOR AS PRINCIPAL GREAT AMERICAN INSURANCE COMPANY
Company: (Corporate Se (Corporate Seal)
J. F. Wilkerson Contracting Co., Inc. �'�,•'` �+�+
Signature:
Name and le: ,� Se / �/•/�rs�� ;;� nq� ;Catherine T o rqff
�n ,,,E.� �•" ;, Attorney-in-Fact
(Any additional signatures appear on page 6) '� "•.����,,.•' '�
(FOR INFORMATION ONLY--Name, Address and Te1e
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Willis other party):
4000 CentreGreen Way, Suite 250
Cary, NC 27513
AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1884 ED.-AIAQ A312-1984 4
F.8748C(3/11)
I The Contractor and the Surety,jointly and severally, 6 When the Claimant has satisfied the conditions of Para-
bind themselves,their heirs,executors,administrators, graph 4,the Surety shall promptly and at the Surety's ex-
successors and assigns to the Owner to pay for labor, pense take the following actions:
materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant;with a copy to the
mance of the Construction Contract,which is incorporated Owner,within 45 days after receipt of the claim,stating
herein by reference. the amounts that are undisputed and the basis for chal-
2 With respect to the Owner,this obligation shall be null and void if lenging any amounts that are disputed.
the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment,directly or indirectly,for all sums amounts.
due Claimants,and 7 The Surety's total obligation shall not exceed the
2.2 Defends,indemnifies and holds harmless the Owner from amount of this Bond,and the amount of this Bond shall be
claims,demands,liens or suits by any person or entity whose credited for any payments made in good faith by the Surety.
claim,demand,lien or suit is for the payment for labor,materials S Amounts owed by the Owner to the Contractor under
or equipment furnished for use in the performance of the the Construction Contract shall be used for the perfor-
Construction Contract,provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims,if
the Contractor and the Surety(at the address described in any, under any Construction Performance Bond. By the
Paragraph 12)of any claims,demands,liens or suits and tendered Contractor furnishing and the Owner accepting this Bond,
defense of such claims,demands,liens or suits to the Contractor they agree that all funds earned by the Contractor in the
and the Surety,and provided there is no Owner Default. performance of the Construction Contract are dedicated to
satisfy obligations of the Contractor and the Surety under
3 With respect to Claimants,this obligation shall be null this Bond,subject to the Owner's priority to use the funds
and void if the Contractor promptly makes payment,di- for the completion of the work.
rectly or indirectly,for all sums due. 9 The Surety shall not be liable to the Owner, Claimants
4 The Surety shall have no obligation to Claimants under or others for obligations of the Contractor that are unrelat-
this Bond until: ed to the Construction Contract.The Owner shall not be
liable for payment of any costs or expenses of any Claimant
4.1 Claimants who are employed by or have a direct under this Bond,and shall have under this Bond no obliga-
contract with the Contractor have given notice to the tions to make payments to,give notices on behalf of,or
Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond.
sent a copy,or notice thereof,to the Owner,stating that
a claim is being made under this Bond and,with sub- 10 The Surety hereby waives notice of any change,includ-
stantial accuracy,the amount of the claim. ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
4.2 Claimants who do not have a direct contract with tions.
the Contractor:
.1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant
tractor and sent a copy,or notice thereof,t- under this Bond other than in a court of competent jurisdic-
the Owner,within 90 days after having last tion in the location in which the work or part of the work is
located or after the expiration of one year from the date(1)
performed labor or last furnished materials or
Sub-
equipment included in the claim stating,with on which the Claimant gave the notice required by Sub-
substantial accuracy,the amount of the claim paragraph 4.1 or Clause 4.2(iii),or(2)on which the last
and the name of the party to whom the mate- labor or service was performed by anyone or the last mate-
rials were me of the a supplied or for whom rials or equipment were furnished by anyone under the
the labor was done or performed;and Construction Contract,whichever of(1)or(2)first occurs.
If the provisions of this Paragraph are void or prohibited by
.2 Have either received a rejection in whole or in law,the minimum period of limitation available to sureties
part from the Contractor,or not received with- as a defense in the jurisdiction of the suit shall be applica-
in 30 days of furnishing the above notice any ble.
communication from the Contractor by which 12 Notice to the Surety,the Owner or the Contractor shall
the Contractor has indicated the claim will be be mailed or delivered to the address shown on the sig-
paid directly or indirectly; and nature page.Actual receipt of notice by Surety,the Owner
.3 Not having been paid within the above 30 days, or the Contractor, however accomplished,shall be sufF-
have sent a written notice to the Surety(at the cient compliance as of the date received at the address
address described in Paragraph 12)and sent a shown on the signature page.
copy,or notice thereof,to the Owner,stating 13 When this Bond has been furnished to comply with a
that a claim is being made under this Bond and statutory or other legal requirement in the location where
enclosing a copy of the previous written notice the construction was to be performed,any provision in this
furnished to the Contractor. Bond conflicting with said statutory or legal requirement
5 If a notice required by Paragraph 4 is given by the Owner shall be deemed deleted herefrom and provisions con-
to the Contractor or to the Surety,that is sufficient compli- forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
ance.
AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA® A312-1984 5
F.9748C(3/11)
' ^
,
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}
GREAT AMERICAN INSURANCE COMPANYO
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 I 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 attorney-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.: 6419181
Principal: J. F Wilkerson Contracting Co., Inc.
Obligee:Orange County
This Power of Attorney revokes all previous powers issued on behalf of the attorneys)-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 I
Attest GREAT AMERICAN INSURANCE COMPANY
QQQ
Assistant Secretary
STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(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 GROSMAII
MMW ME.STME OF 2ONO
10=010MV1100 -20-118
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 certificate 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 off cer 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
1,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(04/11)
From:Cathy C.Lucas,AAI FaxID:SummersThompsonLowry Page 2 of 2 Date:1111/2012 08:26 AM Page:2 of 2
JFWIL-1 OP iD: CC
CERTIFICATE OF LIABILITY INSURANCE DATE 311`IYYYY)
10!131!12
THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING iNSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
-IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in Ileu of such endorsement(s).
PRODUCER 919-968-4472 NAME: Cathy Lucas,AAI
Summers Thompson Lowry,Inc. 919-942-4221 .919-969-5311
100 Europa Drive,Suite 571 N 77777M.No:919-9424221
Chapel Hill,NC 27517 ADDgs;Oath stiinsure.com
C. Duke Thompson CPCU ARM
INSURER(S)AFFORDING COVERAGE NAIC/
INSURER A:The Charter Oak Fire ins Co 25615
INSURED J.F.Wilkerson Contracting Co. INSURERS:Builders Mutual Insurance Co.
Inc., INsuRERc:Travelers Indemnity Co. 25658
P.Q.Box 183
Morrisville,NC 27560 INSURER D:
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1LTR TYPE OF INSURANCE POLICY NUMBER MMIOD MMroD/YYYY LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,00
C X COMMERCIAL GENERAL LIABILITY X 0683546151 04/01/12 04/01/13 PREMISES Ea occurrence $ 300,00
—...�
CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,00
PERSONAL&ADV INJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00
POLICY X PRO- LOC /d ded $ 2,50
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000 00
Ea accident $ _ r
A X ANY AUTO X 81066354615COF 04/01/12 04/01/13 BODILY INJURY(Per person) $
ALL OWNED SCHEDULED —---—
AUTOS AUTOS BODILY INJURY(Per accident) $
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE
AUTOS Per accident $
r
$
X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 6,000,00
C EXCESSUAB CLAIMS-MADE CUP68354615IND 04/01/12 04/01/13 AGGREGATE $ 6,000,00
DED I I RETENTION$ 0 rod/Comp $ 6,00000
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY YIN X WC LI U- O R
B FFICERPMIREIMBERR EXCLUDED? ❑ N 1 A CP101769700 04/01/12 04/01/13 E.L.EACH ACCIDENT $ 500,00
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 500,00
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT $ 500,00
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is requlred)
Certificate holders as included as additional insured as respect to general
liability & business auto as required by written contract.
Project: Buckhorn - Mebane EDD, Phase 2, Water and Sewer Improvement,
Orange County, NC
CERTIFICATE HOLDER CANCELLATION
ORANGE2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Orange County, NC(owner)& ACCORDANCE WITH THE POLICY PROVISIONS.
Hobbs, Upchurch& Associates, AUTHORIZED REPRESENTATIVE
P.A.(engineer)
BOx 8181
Hillsborough,INC 27278
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD