The URL can be used to link to this page

Home My WebLink About20090858 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 �._„ anch 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 t s� CO m E¢— « Y a a« 3 Q a LL CL U 2 a w S U Q¢ w U¢ Y U) i I sa m i E¢_ ya a 3QCL as U ° u x U Q¢ w 0 Y U) I I i I a Y CLs Y w sa m« CL cc as Y U1 I i I sa m i E¢_ ya a 3QCL as U ° u x U Q¢ w 0 Y U) I I i I a Y CLs Y w