20081473 Ver 4_Revised Monitoring bond_20130709

THE AMERICAN INSTITUTE OF ARCHITECTS
BOND NO. 1000964294
AIA Document A372
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
EBX NEUSE I, LLC
10055 Red Run Blvd, Suite 130
Owings Mills, MD 21117
UWNLR (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 21094 -5605
CONSTRUCT)ON 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: N None ❑ See Page 3
CONTRACTOR AS PRI CIPAL SURETY
Company (Corporate Seal) CQm an ' ' (Corpora #e Seal)
EBX NEUSE I, LL UNI1pED fTATES S�IRETY COMPANY
/
Signature: Signature: Z" r
Name and Title: « ! Name and TyClth: Janet ALari, ;'ACforney -in Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY —Nam c, Addrecs 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
AIA DOCUMENT AS12 • PEREOPMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA 0
THE AMERICAN IN5TITUTE Of ARCHITELIS, 1715 NEW YC1RK AVE, N.W., WASHINUTON, D.C. 200% A312 -1984 1
THIRD PRINTING L MARCH 1987
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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
unrlar this Mnri, Pxrrept in 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 fawner has notified the Contractor and the
Surety at its address described to 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
5urcty agrcc, the Contractor shall be allowod a rearorr-
abie time to perform the Construction Contract, but
such an agreement shall not waive the Owners right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de.
clared earlier than trventydays 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 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.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall 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
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for 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 S 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, deterrttlne 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
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 4.1, 4.2, pr 4.3 abovs,
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 lfmitof 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 without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract; .
6,2 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-
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 Pr -ice
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 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 tirrtttatton avail-
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMEW BOND - DECEMBER 1984 ED. - AiA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.w., WASHINGTGN, D.C. 20006 A312.1984 2
THIRD YRINi rNG - MARCH IW8,'
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able to sureties as a defense in the Jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner orthe Contractor shall
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 con111cting with said statutory or legal requirement
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 Construed as a statutnry bond 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 the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND AREAS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance 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 an the sig-
nature page, Including ail Contract Doruments and
changes thereto.
123 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per -
fnrm 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 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 "1KAL,TOK AS YKINCIPAL 5UKEIY
Company: (Corporate Seal) Company: ( Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 - PTRFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA
THE ANIERI CAN INSTITUTE OFARCHITECfs, 1735 NEW YORK AVE., H.W., WASHINGTON, D.C. 20006 A312 -1964 3
THIRD PRINTING - MARCH 1987
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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
Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the
"Companies "), do by these presents make, 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 in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed * * * ** *Unlimited * * * * ** Dollars ($ ** *unlimited * ** ).
This Power of Attorney shall expire without further action on December 08, 2016. 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 suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional 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 Attomey -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 or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
10th day of December, 2012.
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
Corporate Seals
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SEPT. 25., 1999 11
State of California "111 ",im 0.N...,. "I .
County of Los Angeles SS:
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Daniel P. Aguilar, Vtce President
muu, Rua
On 10th day of December, 2012, before me, Vanessa Wright, a notary public, personally 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 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
r mmdss�n r t888314
Notary Public - Cal"Otaia
Signature (Seal) "' Loa Angeles County
My Comm. Expires Doc 8, 2018
I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty
Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of 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 day
of February , 2013.
Corporate Seals
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