HomeMy WebLinkAbout1995 S Purchasing - Quality Construction of Danville, Inc. $713,629 ORIGINAL SIGNATURES
CONSTRUCTION CONTRACT COPY
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THIS AGREEMENT, made the in the year of 1995 by and between
Quality Construction of Danville. Inc., Post Office Box 757, Danville, VA 24543, hereinafter called the
Party of the First Part and the County of Orange,North Carolina, hereinafter called the Party of the Sec-
and Part.
WITNESSETH:
That the Party of the First Part and the Party of the Second Part for the consideration herein named
agree as follows:
1. Scope of Work: The Party of the First Part shall furnish and deliver all of the materials, and perform
all of the work in the manner and form as provided by the following enumerated plans, specifications and
documents,which are attached hereto and made a part thereof as if fully contained herein: Advertise-
ment, Instructions to Bidders, General Conditions, Supplementary General Conditions, Specifications,
Accepted Proposal, Contract, Performance Bond, Payment Bond, Power of Attorney, Workmen's
Compensation, Public Liability, Property Damage and Builder's Risk Insurance Certificates, and
drawings, entitled: Orange County Public Works - New Vehicle Maintenance Facility, consisting of the
following sheets: Cover, Cl, C2, C3, C4, AL A2,A3, A4, A5, A6, A7. A8, Sl, S2, S3, S4, S5, S6, H1, H2,
P1 P2 P3 El E2 E3 E4 Fl and F2 dated:December 1. 19 and the following addenda.
Addendum No. 1 Dated 116195 Addendum No. Dated
Addendum No. Dated Addendum No. Dated
2. That the Party of the First Part shall commence work to be performed under this Agreement on a
date to be specified in a written order of the Party of the Second Part and shall fully complete all work
hereunder within 300 consecutive calendar days from said date. For each day in excess thereof,
liquidated damages shall be as stated in Supplementary General Conditions. The Party of the First Part,
as one of the considerations for the awarding of this Contract, shall furnish to the Party of the Second
Part a construction schedule setting forth planned progress of the project broken down by the various di-
visions or parts of the work and by calendar days. In the event that the progress of the work is not main-
tained on schedule by the Party of the First Part, or in the event the work is not completed within the
time above specified, the Party of the Second Part may upon fifteen (15) days notice, sent certified mail,
return receipt requested, to the Party of the First Part and his Surety, declare this Contract in default,
and, thereupon, such Surety shall promptly take over said work and complete the performance of this
Contract in the manner and within the time above specified, and all funds due or to become due to the
Party of the First Part shall be paid to the Surety. In the event the Surety shall fail to take over the work
to be done under this Contract within fifteen (15) days after being so notified and notify the Party of the
Second Part in writing, sent by certified mail, return receipt requested, that he is taking the same over
and stating that he will diligently pursue and complete the same,the Party of the Second Part shall have
the right to let the work remaining to be done to some other Contractor, either by public letting or
negotiation,and thereupon the Party of the First Part, the Contractor, and the Surety on his Bond shall
forthwith pay the Party of the Second Part all increase in cost or loss and damage which it may sustain
on account of such default on the part of the Party of the First Part.
CONSTRUCTION CONTRACT-Page 1 oe 3
3. The Party of the Second Part hereby agrees to pay to the Party of the First Part for the faithful
performance of this Agreement, subject to additions and deductions as provided in the specifications or
proposal,in lawful money of the United States as follows: seven hundred thirteen thousand six hundred
twenty-nine&no/100 dollars($713.629.00).
Summary of Contract Award:
Base Bid Only,with the following deletions:
Delete two(2)above-ground lifts @$10,750...................<$21,500>
Deleteasphalt topping........................................................< 62,748>
Delete electric hoist in Tire Bay........................................< 11,123>
Contract amount does not include reimbursable sales tax moneys, estimated at$20,000.
Sales taxes paid by the Party of the First Part shall be reimbursed by the Party of the
Second Part. The Party of the First Part shall include sales&use taxes paid by him as a
separate line item on the Application for Payment, and shall document those taxes on a
Sales Tax Report.
4. On or before the 20th day of each calendar month,the Party of the Second Part shall make payments
to the Party of the First Part on the basis of a duly certified and approved estimate of work performed
during the preceding calendar month by the First Party,less ten percent(10%) of the amount of such es-
timate which is to be retained by the Second Party until all work has been performed strictly in
accordance with this Agreement and until such work has been accepted by the Second Party.
5. Upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, ma-
terial bills and other costs incurred by the First Party in connection with the construction of the work has
been paid in full,final payment on account of this Agreement shall be made within thirty (30) days after
the completion by the First Party of all work covered by this Agreement and the acceptance of such work
by the Second Party.
6. It is further mutually agreed between the parties hereto that if at any time after the execution of this
Agreement and the Surety Bonds hereto attached for its faithful performance, and Second Party shall
deem the Surety or Sureties upon such bonds to be unsatisfactory,or if for any reason, such Bonds cease
to be adequate to cover the performance of the work,the First Party shall, at its expense,within five (5)
days after the receipt of notice from the Second Party so to do, furnish an additional Bond or Bonds in
such form and amount,and with such Surety or Sureties as shall be satisfactory to the Second Party. In
such event no further payment to the First Party shall be deemed to be due under this Agreement until
such now or additional security for the faithful performance of the work shall be furnished in manner
and form satisfactory to the Second Party.
CONSTRUCTION CONTRACT-Page 2 of 3
1 - I
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and date first
above written in five (5) counterparts, each of which shall without proof or accounting for other
counterparts,be deemed an original Contract.
Witness: Quality Construction of Danville,Inc.
Contractor: (Trade or Corporate Name)
Bv:
(Proprietorslkp or Partnership)
Attest- (Corporation) Title: 1,Ile" z I'd&)0 7
(Owner,Partner,or Corp.Pres.
or Vice-Pres.Only)
By
Title:
—
(C p.Sec. or Asst.Sec.Only)
(CORPORATE SEAL)
The County of Orange,North Carolina
Witness:
By:
CIIAIP, ORANGE COUNTY
Title: BOARO OF COMMISSIONERS
CONSTRUCTION CONTRACT-Page 3 of 3
" Bond No. 30662532
THE AMERICAN INSTITUTE OF ARCHITECTS
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):
QUALITY CONSTRUCTION OF DANVILLE, INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND
P. 0. Box 757 P. 0. Box 1227
Danville, Virginia 24543 Baltimore, Maryland 21203
OWNER (Name and Address):
COUNTY OF ORANGE
132 East King Street
Hillsborough, North Carolina 27278
CONSTRUCTION CONTRACT
Date: February 27, 1995
Amount: Seven Hundred Thirteen Thousand, Six Hundred Twenty-Nine & No/100($713,629.00)
Description (Name and Location): Orange County Vehicle Maintenance Facility
BOND
Date (Not earlier than Construction Contract Date): March 3, 1995
Amount: Seven Hundred Thirteen Thousand, Six Hundred Twenty-Nine & NO/100($713,629.00)
Modifications to this Bond: ® None p See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Com any: (Corporate Seal) Company: (Corporate Seal)
QUANTY CONSTRUCTION OF DANVILLE, INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Signature: Signature:
Name and Title: Name and Tit g:, Cynthia Ellinwood
Attorney-In-Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
THOMAS RUTHERFOORD, INC. other party): Michael Hining Architect
P. 0. Box 12748
Roanoke, VA 24028
703-982-3511
AIA 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.20006 A312-1984 1
THIRD PRINTING•MARCH 1987
Contract 372(12-87)
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 If 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
6 After the Owner has terminated the Contractor's right
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety
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 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-
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- 6.3 Liquidated damages, or if no liquidated damages
pense take one of the following actions:
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
7 The Surety shall not be liable to the Owner or others for
4.2 Undertake to perform and complete the Construc- obligations of 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 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-
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. 20W6 A312-19M 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
for damages to which the Contractor is entitled, re-
10 Notice to the Surety,the Owner or the Contractor shall
be mailed or delivered to the address shown on the sr - behalf by all valid and proper payments made to or on
g behalf of the Contractor under the Construction Can-
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 19
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C.20DO6 A312-19M 3
THIRD PRINTINC 0 MARCH 1987
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE,BALTIMORE,MD
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the
State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set
forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate,
constitute and appoint Don Z. Filson, Wyatt H. Walton, Josephine H. Humphries, Cynthia
Ellinwood and Stella Munger, all of Roanoke, Virginia, EACH. . . . . . . . . .
astrue an agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:
any and all bonds and undertakings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company, as fully
and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of
the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that
issued on behalf of Thomas D. Rutherfoord, etal, dated, October 13, 1989.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company, and is now in force.
IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the
Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of
December , A.D. 199J—
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST: 0
A
"e�
ssistant Secretary Vice-President
STATE OFMARYLAM FOR YOUR PRC)� E"C-11 N L(_!0K FFOR THE i WMIFERMA RK,
CITY of BALTIMORE ( '
On this 5th day of December , A.D. 1991 , before the subscriber, a Notary Public of the State of
Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally]mown to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by
me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore,the day and
year first above written.
CAROL J. FADER
Notary Public mmission p' Au ug s t 1, 1992
�„�•�,; CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that
the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this
certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-
Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2,of
the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made
heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid
and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,third
day of March _ 19-25.
176-3540
Assistant Secretary
' . ^ ^
EXTRACT FROM BY-LAWS 0F FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article V1, Section 2. The Chairman of the Board,or the President, orany Bxocmi,*v}cc'Deoid"m. or any of the Senior Vice-
Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,
by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant
Vice-Presidents and Attorneys-in-Fact zm the business uf the Company may require, n,m authorize any person v,persons mexecute
on behalf n[the Company any hondm, undertakings, nzognizuncc», mipu}whvno, poUdeo, con/mctv, ugnrmon,s, dccdv, and rc}ouoc* �
and assignments ofjudgements,decrees,mortgages and instruments in the nature of mortgages,. . .and to affix the seal o/the Company �
/hoo,o.`'
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 30662532
IN
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):
QUALITY CONSTRUCTION OF DANVILLE, INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND
P. 0. Box 757 P. 0. Box 1227
Danville, Virginia 24543 Baltimore, Maryland 21203
OWNER (Name and Address):
COUNTY OF ORANGE
132 East King Street
Hillsborough, North Carolina 27278
CONSTRUCTION CONTRACT
Date: February 27, 1995
Amount: Seven Hundred Thirteen Thousand, Six Hundred Twenty-Nine & NO/100($713,629.00)
Description (Name and Location): Orange County Vehicle Maintenance Facility
BOND
Date (Not earlier than Construction Contract Date): March 3, 1995
Amount: Seven Hundred Thirteen Thousand, Six Hundred Twenty-Nine & NO/100($713,629.00)
Modifications to this Bond: ® None ❑ See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
QUALITY CONSTRUCTION OF DANVILLE, INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Signature: Signature: -62-1)�2�;!Z�4'���
Name and Title: Name and Titl : Cynthia Ellinwood
Attorney-In-Fact
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
THOMAS RUTHERFOORD, INC. other party): Michael Hining Architect
P. 0. Box 12748
Roanoke, VA 24028
703-982-3511
AIA 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.20006 A312.19184 4
THIRD PRINTING•MARCH 1987
Contract 373 (12-87)
1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of
bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the
successors and assigns to the Owner to pay for labor, Surety's expense 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
mance of the Construction Contract, which is incorpo- the Owner, within 45 days after receipt of the claim,
rated herein by reference.
stating the amounts that are undisputed and the basis
2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed.
null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment,directly or indirectly, amounts.
for all sums due Claimants, and
7 The Surety's total obligation shall not exceed the
2.2 Defends, indemnities and holds harmless the amount of this Bond,and the amount of this Bond shall be
Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety.
person or entity whose claim, demand, lien or suit is
for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under
nished for use in the performance of the Construction the Construction Contract shall be used for the perfor-
Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims,
the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By
described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this
liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor
demands, liens or suits to the Contractor and the in the performance of the Construction Contract are
Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and
the Surety under this Bond,subject to the Owner's prior-
3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work.
null and void if the Contractor promptly makes pay-
ment, directly 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 or others for obligations of the Contractor that are unrelat-
under this Bond until: ed to the Construction Contract.The Owner shall not be
liable for payment of any costs or expenses of any Claim-
4.1 Claimants who are employed by or have a direct ant under this Band,and shall have under this Bond no oblf
contract with the Contractor have given notice to the gations 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 10 The Surety hereby waives notice of any change,
substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract
4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other
with the Contractor: obligations.
.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, to under this Bond other than in a court of competent juris-
the Owner, within 90 days after having last diction in the location in which the work or part of the
performed labor or last furnished materials or work is located or after the expiration of one year from the
equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by
substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last
and the name of the party to whom the labor or service was performed by anyone or the last mate-
materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con-
whom the labor was done or performed;and structiion Contract,whichever of(1)or(2)first occurs. If the
provisions of this Paragraph are void or prohibited by law,
.2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a
in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable.
within 30 days of furnishing the above no-
tice any communication from the Contractor 12 Notice to the Surety, the Owner or the Contractor
by which the Contractor has indicated the shall be mailed or delivered to the address shown on the
claim will be paid directly or indirectly;and signature page. Actual receipt of notice by Surety, the
.3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall
days, have sent a written notice to the Surety be sufficient compliance as of the date received at the
(at the address described in Paragraph 12)and address shown on the signature page.
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this 13 When this Bond has been furnished to comply with a
Bond and enclosing a copy of the previous statutory or other legal requirement in the location where
written notice furnished to the Contractor. the construction was to be performed,any provision in this
Bond conflicting with said statutory or legal requirement
5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con-
Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall
cient compliance. be deemed incorporated herein. The intent is that this
AIA 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.20006 A312-1984 5
THIRD PRINTING•MARCH 1987
^
^ ` � ^
Bond shall be construed asa statutory bond and not asa Construction Contract, architectural and engineering
common law bond. semioe required for performance of the work of the
Contractor and the Contractor's subcontractors, and
14 Upon request by any person or entity appearing tobea ail other items for which a mechanic's lien maybe
potential beneficiary of this Bond' the Contractor shall asserted in the jurisdiction where the labor, materials
promptly furnish a copy nf this Bond or shall permit acopy o, equipment were furnished.
»mbemade.
15,2 Construction Contract:The agreement between
is DEFINITIONS the Owner and the Contractor identified on the sig-
15^1 Claimant: An individual or entity having adirect nature page, including all Contract Documents and
contract with the Contractor or with a subcontractor o/ changes thereto.
the Contractor to furnish |abor, materials or equip' 15^3 Owner Default: Failure of the Owner.which has
ment for use in the performance uf the Contract. The neither been remedied nor waived, to pay the Con-
intent of this Bond shall beto include without |imitu' tractor as required bythe[mnstruchon [ont,actorto
dmnin the terms^labor' ma»eha)sorequ�ment^that perform complete or comply with the other terms
part of water, gas. power, light, heat' oil, gasoline, ,—thereof.
telephone service or rental equipment used inthe
'
MODIFICATIONS TO THIS BOND ARE AGFOLLOWS:
(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 9
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE_ N.W., WASHINGTON, D.C.200M A312-19M 6
THIRD PRINTING 0 MARCH 1987
:.......:......:.:y,..........
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........ ISSUE TE(MM/DD/YY)
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/95
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE
DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW
James A.Scott&Son,Inc.
P.O.Box 3324 COMPANIES AFFORDING COVERAGE
COMPANY
Danville, VA 24543 LETTER A Cincinnati Insurance Company
COMPANY
INSURED LETTER $ Cincinnati Insurance Company
COMPANY
LEA C Cincinnati Insurance Company
Quality Construction Danville COMPANY
P.O.Box 757 LETTER D Cincinnati Casualty Co.
Danville VA 24543 COMPANY
LETTER E Cincinnati Insurance Company
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 CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTHICATE 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.CHITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. LIMITS
TR DATE(MM/DD/YY) DATE(MM/DD/YY)
A GENERAL LIABHXrY CPP0631154 4/07/94 4/07/96 GENERAL AGGREGATE 1000000
X COMM.GENERAL LIABILITY PROD-COMP/OP AGG. 1000000
r; {i CLAIMS MADE ®OCC. FERS.&ADV.INJURY 1000000
X OWNER'S a CONTRACT'S PROT EACH OCCURRENCE 1000000
FIRE DAMAGE(One Fire)
MED.EXP. One Per 5000
B AUTOMOBILE LIABILITY CPP0631154 4/07/94 4/07/96 COMBINED SINGLE 500000
ANY AUTO LIMIT
ALL OWNED AUTOS
BODILY INJURY
X AUTOS (Per P=w)
X HIRED AUTOS BODILY INJURY
N AUTOS Mw )
GARAGE LIABILITY
PROPERTY DAMAGE
C EXCESS LIABILITY CCC2595122 4/07/94 4/07/96 EACH OCCURRENCE 3000000
X UMBRELLA FORM AGGREGATE 3000000
OTHER THAN UMBRELLA FORM '. ':rr .....:
D WC8902521 6/01/94 6/01/95 STATIMORY
WORKERS'COMPENSATION EACH ACCIDENT 100000
AND
DLSEASE-POLICY LIMIT $OOQOO
EMPLOYER'S LIABILITY 100000
DISEASE-EACH EMP.
E OTHER CPP0631154 4/07/94 4/07/96
Builders'Risk $1,000,000.single
location
DESCRIMON OF ITEMS
RE:ORANGE COUNTY VEHICLE MAINTENANCE FACILITY$713,629.00
CANCELLATION CLAUSE IS AMENDED TO READ"WRITTEN NOTICE WILL BE
MAILED 30 DAYS PRIOR TO CANCELLATION OF THE ANY OF THE SHOWN POLICIES.
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO
:i MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
COUNTY OF ORANGE :: LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
NORTH CAROLINA REPRESENTATIVE
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Y �1;�'1 •v.
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