HomeMy WebLinkAbout20090858 Ver 3_Monitoring Bond_20120405BOND
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)
EBX EM LLC
10055 Red Run Blvd Suite 130
Owings Mills MD 21117
OWNER (Name and Address)
NCDWQ
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh NC 276991605
SURETY (Name and Principal Place
UNITED STATES SURETY COMPANY
20 W Aylesbury Road
Timonium MD 210945605
U Lg1;zk@fl
APR �5 2012
DENq
etland�" ° $ • wete Q anc
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CONSTRUCTION CONTRACT
Date
Amount ONE HUNDRED FIFTY THOUSAND AND 001100 -- ($150 000 00)
Description (Name and Location) 5 YEAR MONITORING PHASE OF IVEY FERGUSON BUFFER AND MUTRIENT OFFSET SITE
OF THE CAPE FEAR RIPARIAN BUFFER AND NUTRIENT UMBRELLA MITIGATION BANK
BOND
Date (Not earlier than Construction Contract Date)
Amount ONE HUNDRED FIFTY THOUSAND AND 001100
Modifications to this Bond
CONTRACTOR S PRl CIPAL
Company EB LL (Corporate Sea[)
Signature
Name and Title
(Any additional signatures appear on page 3)
FEBRUARY 8 2012
($150 000 00)
Z1 None ❑ See Page 3
SURETY
%WkATEPYRETY COMPA Y tCorpo to Seal)
Signature
Name and Till Janet Lan"ttodiey In Fact
(FOR INFORMATION ONLY —Nam c Address and Tcicphonc)
AGENT or BROKER OWNER S REPRESENTATIVE (Architect Engineer or
Bonds Inc other party)
One North Park Drive Suite 204
Hunt Valley MD 21030
410 527 9881
ALA DOCUMENT A%2 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED AIA e
THE AMERICAN INSTITUTE OF ARCHITELIN 1715 New YUXX AVE N W WASHU'VTON D C. 70006 A312 1984 1
THIRD PRINTING MARCH 1987
AIA 312 P P FINAL max
1000931771 NCDWQ max
I The Contractor and the Surety jointly and severally
bind themselves their heirs executors administrators
successors and assigns to the Owner for the performance
of the Construction Contract which is incorporated herein
by reference
2 if the Contractor performs the Construction Contract
the Surety and the Contractor shall have no obligation
s_ nriPr this Annii mcrPpt in partlripate in conferences as
provided in Subparagraph 31
3 If there is no Owner Default the Suretys obligation
under this Bond shall arise after
31 The Owner has notified the Contractor and the
Surety at Its address described In Paragraph 10 beio-r
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construe
lion Contract If the Owner the Contractor and the
Su cti agree the Contractor haft be ailoa ad a rearon
able time to perform the Construction Contract but
such an agreement shall not waive the Owner's right If
any subsequently to declare a Contractor Default and
32 The Owner has declared a CuntrilLtor Default and
formally terminated the Contractor s right to complete
the contract Such Contractor Default shall not be de
clared earlier than twenty days after the Contractorand
the Surety have received notice as provided in Sub
paragraph 31 and
3 3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
(Cans of the Construction Contract or to a contractor
selected to perform the Construction Contract in actor
dance with the terms of the contract with the Owner
4 When the Owner has satisfied the conditions of Para
graph 3 the Surety shalt promptly and at the Surety's ex
pense take one of the following actions
41 Arrange for the Contractor with consent of the
Owner to perform and complete the Construction
Contract or
42 Undertake to perform and complete the Construe
tion Contract Itself through Its agents or through inde
pendent contractors or
4 3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con
structtou Contract arrange fur a contract to be pre
pared for execution by the Owner and the contractor
selected with the Owner's concurrence to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds lesuod on the.
Construction Contract and pay to the Owner the
amount of damages as described in Paragraph 6 in ex
cess of the Balance of the Contract Price Incurred by the
Owner resulting from the Contractor's default or
4 4 Waive its right to perform and complete arrange
for completion or obtain a new contractor and with
reasonable promptness under the circumstances
T After investigation determine the amount for
which it may be liable to the Owner and as
soon as practicable after the amount is deter
mined tender payment therefor to the
Owner or
2 Deny liability in whole or in part and notify the
Owner citing reasons therefor
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness the Surety shall be deemed
to be In default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform Its obligations under
this bond and the Owner shall be entitled to enforce any
remedy available to the Owner if the Surety proceeds as
provided in Subparagraph 4 4 and the Owner refuses the
payment tendered or the Surety has denied liability in
whole or in part without further notice the Owner shall be
entltied to enforce any remedy available to the Owner
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract and if the Surety
elects to act under Subparagraph 4 1 4 2 or 4 3 abovo
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract To the limitof the
amount of this Bond but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract the Sure
ty la obligated without duplication for
61 The responsibilities of the Contractor for correc
lion of defective work and completion of the Construe
tion Contract
62 Additional legal design professional and delay
costs resulting from the Contractor s Default and re
suiting from the actions or failure to act of the Surety
under Paragraph 4 and
6 3 Liquidated damages or if no liquidated damages
are specified in the Construction Contract actual dam
ages caused by delayed performance or non perlor
manse of the Contractor
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con
strudion Contract and the Balance of the Contract Price
shall not be reduced or set oft on account of any such
unrelated obligations No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs executors administrators or successors
8 The Surety hereby waives notice of any change Includ
ing changes of time to the Construction Contract or to
related subcontracts purchase orders and other obliga
tions
9 Any proceeding legal or equitable under this Bond
may be instituted in any court of competent jurisdiction in
the location Inwhich the work orpartof the work is located
and shall be Instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond whichever oc
curs first If the provisions of this Paragraph are void or
prohibited by law the minimum period of limitation avail
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED AiA
THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE N W WASHIPGTOV D C 20M A312 1984 2
THINU PRIM IMG MAKUi 1Ua/
AIA 312 P P FINAL max
1000931771 NCDWQ max
able to sureties as a defense n the jurisdiction of the suit
shall be applicable
10 Notice to the Surety the Ownerorthe Contractor shall
be mailed or delivered to the address shown on the sig
nature page
11 When this Bond has been furnished to comply with a
statutory or other legal requirement In the location where
the construction was to be performed any provision In this
Bond conflicting with Said statutory or legal Tequvement
shall be deemed deleted herefrom and provisions con
forming to such statutory or other legal requirement shall
be deemed incorporated herein The Intent Is that this
Bond shall bp construed ac a statutnry hnnd and not as a
common law bond
12 DEFINITIONS
121 Balance of the Contract price The total amount
payable by the Owner to the Contractor under tho
Construction Contract after all proper adjustments
have been made including allowance to the Con
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS
tractor of any amounts received or to be received by
the Owner In settlement of iris urance or other claims
for damages to which the Contractor Is entitled re
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con
tract
12 2 Construction Contract Theagreementbetween
the Owner and the Contractor identified on die sig
nature page including all Contract Doruments and
changes thereto
12 3 Contractor Default Failure of the Contractor
which has neither been remedied nor valved to per
form or otherwise to comply with the terms of the
Construction Contract
12 4 Owner Default Failure of the Owner which has
neither been remedied nor waived to pay the Con
tractor as required by the Construction Cont. act or to
perform and complete or comply with the other terms
thereof
(Space Is provided below for additional signatures of added parties other than those appearing on the cover page)
L0N I HAt TOK AS PRINCI PAL SURETY
Company (Corporate Seal) Company tCorporaie Seal)
Signature
Name and Title
Address
Signature —
Name and Title
Address
AIA DOCUMMr A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED AIA
THE AMERICAN iNSTrflM OF ARCHITECTS 1735 NEW YORK AVE N W WASHINGTON D C 2M A3121904 3
THIRD PRINTING MARCH 9987
AIA 312 P P FINAL max
1000931771 NCDWQ max
I IIIIIIIIII� IIII l III Illl I I II � �, 111'�l llll�l I lid - _ _
JfIII POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U S SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company a California corporation United States
I Company U111111 , 11111
=Surety_Compari� Maryland MrKraWo:mWd:U SMSpecialty Insurance a Texas corporation-
y q—
Comp4mes )Edo by these present—smalUe constitute and appoint
Michael H Shaver Janet A Lari Jon C Capan
its true and lawful Attorney(s) in fact each in their separate capacity if more than one is named above with full power and authority
hereby conferred to its name place and stead to execute lacknowledge and deliver any
and all bonds recognizances undertakings
=Oe_OthiFin�strurnents or contracts lofl sureitysQIItolunlclude riders am6fidtnVnts;_4nd=consents of surety providing the bond—.
-penalt"dWnot _ exceed **��i***UnIimited****_*_*_* Dollars (S �_"unlimited"nff
e1c —
—Thi"dwerof--Attorney shall expirel without fitirther"llaction on March 18 =2015 Ql7hirP6&,6Fr of Attorney is grii4nieddunder —and -b
by
authority of the following resolutions adopted by the Boards of Directors of the Companies
Be it Resolved that the President, any Vice President any Assistant Vice President any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authonty to appoint any one or more suitable persons as Attorney(s) in Fact to represent and act for and on behalf of the Company subject to the fol►owing
--provisions
_Attorneyy in Fdct may be given full power and authority )f and on behalfof kn I d
tv W-and in the the Company to,execute ac ow e ge and de d11_1brnds
-recognizances -contracts agreements or or obligatory mdertalqngsllIlincludiillgl�any andlj all consents for=-=therelease of retamedlu;f
taiis and/or final estimates on engirie_ftq:_ construction —coll and any and all��notices and documents'llcanceling or terminatiriftlCe C5iTi=p==y shab rhir
—percen -an
thereunder and any such instruments so executed by any such Attorney in Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary
Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to -
=any bond jrrlklertl to which it is attached
MNMITNESS=WHEREOF The Companies avel�caua,.dlthis'liinstrumenttol�esI and theircorpmorate seals to be hereto affixed
ill I 1111 I11 0I 1 l�[ 11111111 — 414
d—
day of October 2011
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U S SPECIALTY INSURANCE COMPANY
Corporate S6aI
J T
oo
UP
5W SEA
By
Daniel P Aguilar- Vice President
State of California oi*
County of Los Angeles SS
d
dW-6f October 2011 before me I IDe6orah R&ge I a notary public ce
I Darnel P AguddFVi President
_American Contractors Indemnity Company i nited States Surety Company �abd_U_S_--! Specidit5rInsuirance Company who proved to me°
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity and that by his signature on the instrument the person(s) or the entity upon behalf of
which the person(s) acted executed the instrument
=1 certiWunder.PENALTY OF PERJURY— der thilaws7of the State of Californ ai that t ragraph isl wndcorfect_
�WITNESS_ffiyliandFkrid official II II Ill Ill i -------
comml 112q
Signature Nomy PUM rev (Seal)
La A*Wn C"
It% O-V I
1 Jeannie Assistant Secretary of�American'�,Contractors Indemnity Company TUniCe—dStates Surety Company and U S Specialty
111111111 11110111 - — - —
qo7rirp Wti�,l�th�tl��ilil b dIlf, and correct _600—v a Power of Attorney executed
surance MT do hereby c 11, 111, above 1 foregoing is a true— af
I Jill �bya —
said Companies which is still in 1ulVlfbrlce and effect Tu'rthle'lli-more the rei6Iuh&Mpfthe
Boards 6fDirectors set —out iff the PodWerof-
-Attorney are in full force and effect
In Witness Whereof I have hereunto set my hand and affixed the seals of said Companies at Los Angeles California this 8th day
of February= 2012
SEAL
Bond No 1000931771 sEpt IL Ill + Jeannie Lee sistant Secretary
Agency No -12103
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