20081473 Ver 4_Monitoring Bond_20130304

LETTER OF TRANSMITTAL
909 Capability Drive, Suite 3100
Raleigh, NC 27606
919 -829 -9909 — PH
919 -829 -9913 — FAX
10055 Red Run Boulevard, Suite 130
Owings Mills, MD 21117
410 - 356 -5159 — PH
410 - 356 -5822 — FAX
604 Greene Street, Suite 100
Camden, SC 29020
803432-4890 — PH
410 - 356 -5822 — FAX
13Th Main Street, Suite 210
Oak Hill, WV 25901
3044654300 — PH
3044654302 — FAX
TO: Division of Water Quality
DATE: M _arch 1, 2013
1650 Mail Service Center
Raleigh, NC 27699 -1650
ATTN: Katie Merritt
RE: Performance Bonds for Hatley Site and
Arrington Bridge Site
We are sending via: 0 Overnight ❑ Regular Mail ❑ Pick -Up ❑ Hand Delivered
The following items: ❑ Correspondence ❑ Plans ❑ Specifications Other as listed below:
COPIES
DATE
NO.
DESCRIPTION
1
3/1/13
Original Performance Bond for Hatley Bank Site ---
1
3/1/13
Original Performance Bond for Arrinuton ridge Ba
Site
These are transmitted as checked below:
❑ For Approval ❑ As Requested
- For Your Use ❑ For Review and Comment
REMARKS:
❑ Approved as Submitted ❑ Returned for Corrections
❑ Approved as Noted ❑ For Your Signature
Please find enclosed the original Performance Bonds for the
Bridge Bank Site.
Thank you,
Cara Nelson
COPY TO: Tommy Cousins SIGNED:
Ely Perry
J
�J
�O``i

THE AMERICAN INSTITUTE OF ARCHITECT d'
BOND NO. 1000964294
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):
ENVIRONMENTAL BANC & EXCHANGE, 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 27699.1605
SURETY (Name and Principal Place of Business):
UNITED STATES SURETY COMPANY
20 W. Aylesbury Road
Timonium, MD 210945605
CONSTRUCTION CONTRACT
Date:
Amount: ONE HUNDRED THOUSAND AND 001100-------- ---- -- ($100,000.00)
Description (Name and Location): 5 YEAR MONITORING PHASE OF ARRINGTON BRIDGE BUFFER AND NUTRIENT OFFSET SITE
PHASE II OF THE UPPER NEUSE RIPARIAN BUFFER AND NUTRIENT UMBRELLA MITIGATION BANK
BOND
Date (Not earlier than Construction Contract Date): FEBRUARY 12, 2013
Amount: ONE HUNDRED THOUSAND AND 001100- - ---- -- ($100,000.00)
Modifications to this Bond: Z) None D See Page 3
CONTRACTOR AS PRINCIPAL
ENppyy p
rate Seat) VIRONNENT HANGE Q
Signature: L
Name
and Title: I
(Any additional signatures appear on page 3)
SSU�R�E�TaY�
UNRE kATE RETY COMPANY (Corpor eal)
Signature: —7
Name and Titl Janet ALad, A m in Fact
(FOR INFORMATION ONLY —Name, Address and Telephone)
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
AM DOCUMENT AM . PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0
Tilt AMERICAN UVYrITUTE Or ARQ1n r-1.%, 7735 NSW TORX AV?. N.W., WASHIMU—ION, D.G =a A312.1994 1
THIRD PRINTING a MARCH 1987
AIA 312 P -P FINAL.max
1000964294 NCDWQ.max

1 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 obiigation
under this find, rrnrept to partiripate in conferences as
provided In Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
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 Construc-
tion Contract. if the Owner, the Contractor and the
Suretyagroo, the Contractor chall be allowed a m=on-
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
3,2 The Owner has declared a Curitraltor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twentydays after the Contractorand
the Surety have received notice as provided in Sub-
paragraph 3.1; and
33 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of lire Construction Coutrdct or to a contractor
selected to perform the Construction Contract lnaccor-
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:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract Itself, through Its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated• proposals from
quail contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction 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 issued 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:
.1 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.
S 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
entitled 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 A1, 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 limit of 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 is obligated withuut dupiir atton for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract, .
62 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Uquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non- perfor-
mance 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-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off 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 thework 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 avall-
AIA DOCUMENT A312 - FERFOXMANCE BOND AND FAYMW BOND - DECEMBER 1984 ED. - NA
THS AMERICAN INsTn UlE OF AROOTECf8,1735 NEW YORK AYL N.W., WASHINGTON, D.C. 2M A312 -1984 2
rHtau rrranno • MacH tvai
AIA 312 P -P FINAL.max
1000964294 NCDWQ.max

able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice tothe Surety, the OwnerortheContractorshall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to complywith a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond COMIlCting with said statutory Of legal Tequirement
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 be constrried as a statutory hnnd and not as a
common law bond.
12 DEFINITIONS
12.1 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 ins uranee 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 Identtfled on dre s1g6
nature page, Including all Contract Dornmeets and
changes thereto.
12.3 Contractor Default: Failure of the Contraoor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the farms 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 Contract 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.)
CON] RA(.TORAS PRINCIPAL SURE7Y
Company: (Corporate Seap Company:
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
(Corporate Seab
AU DOCUMENT A312 • PtRFORh4ANC8 BOND AND PAYMENT BDND • DECEMBER 1984 ED. - AIA
THE AMERIC/W INST ME OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20W6 A312.1984 3
THiRD PRINTING • MARCH 1987
AIA 312 P -P FINAL.max
1000964294 NCDWQ.max

POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESE14T arA n� Contractors Indemnity Company, a California corporutioklAited Smites
Surety Company, a Maryland n t .= specialty Insurance Company, a Texas corporatiorf°( iveiy,= tote_
u��ti
"Companies "), do by these presents ce tuui anWappoint: -
Michael H. Shaver, Janet A. Lari, Jon C. Capan
its true and lawful Attomey(s) -in -fact, each in their separate capacity if more than one is_named._above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge andVd OF - amp_aad ail: fonds, recognizances, undertaldngs
or-other inst ts or contracts of suretyship to include riders, a _ - - is _n an__ is of surety, providing the bond
penalty does hat exceed * * * * ** *Unlimited * * * * ** ° — — - Dollars ($ ** *unlimited * ** ).
This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and 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 authority to appoint any one or more�ta �ersoe � �y(s -in -Fact to represent and act for and on behalf of the Company subject to -the, follo_w_inM =_ -
provisions: — — —
Attorne)-in -Fact may be given full power W~ty ]&anon t mine of and on behalf of the Company, to execute, acknowledge and deliver;r any andall bornls -
recognizances, contracts, agreements or indeity thenconditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability
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 W any power of attorney or any certificate relating
etgte tjr fa€ itr at any power of attomey or certificate bearing facsimile signature orhssimTe i mall Wva_�ai binding upon the Company with respect to
any-bondor undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to liftgned° d their corporate seals to be hereto affixed, this
3'd day of October, 2011.
AMERICAN CONTRACTORS IND
Corporate Seals nn�irrr-
4,
fb . Off:
EMNITY COMP,
%W • faac
State of California 'n���% °�v nun Fmmo` uumonn
1NY - UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
All
kZ2_
Daniel P. Aguilar, Vice President
ti
County-of Los~es SS:
On this 3rd day of October, 2011, before me, Deborah Reese, a notary publirso>rutlly appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance 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= -
I certify under PENALTY OF PERKY_ ndtr thee Hof the State of California that the foregoing paragraph isr true and corraLL
WITNESS my hand and official seal-
�•tarrahpoa i illQlitilef
Signature r ,� �d `wes c (Seal) t
it Jeannie Lee
istant Secretary of American Contractors Indemnity =.hd�sIrety Company and U.S. Specialty
-Insurance mpany, do hereby certify that the above and foregoing is a _ c WW a Power of Attorney, executed by
said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of
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 12th --dav _
of February 2013=.=
Corporate Seals
nn
CT
CTOq,�C -
Bond No. 1000964293 `? A`=__
1'
:0.P/
0 - a
''�D nbxnl a
muwnrr '
Jeannie Lee, istant Secretary
? i Y s

Kan't Kopy° K1
Security Paper
• Hidden Pantograph
• Color Match
• Artificial Watermark
• Anti-Copy Coin Rub
• Erasure Protection
• Security Features Box
• Micropnnt Protection
• Acid Free
Kan't Kopy° K1
Security Paper
• Hidden Pantograph
• Color Match
• Artificial Watermark
• Anti -Copy Coin Rub
• Erasure Protection
• Security Features Box
• Micropnnt Protection
• Acid Free
Kann Kopy° Kt
Security Paper
• Hidden Pantograph
• Color Match
• Artificial Watermark
• Anti -Copy Coin Rub
• Erasure Protection
• Security Features Box
• Micropnnt Protection
• Acid Free
{� I
I
i
Kan't Kopy° K1
Security Paper
• Hidden Pantograph
i Color Match
• Artificial Watermark
• Anti -Copy Coin Rub
• Erasure Protection
• Security Features Box
i Micropnnt Protection
• Acid Free
L