Performance/Payment Bond1
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SECTION 00610
STATE OF FLORIDA )
ss
COUNTY OF )
BOND NO. 0249
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that r-KIER CONSTRUCTION, INC.
as Principal, hereinafter called Contractor,
and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety,
hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as
Obligee, hereinafter called Owner, in the amount of
ONE MILLION SIX HUNDRED TWENTY THOUSAND & 00/Mars ($1,620,000.00) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated APRIL 7TH ,
19ga, entered into a Contract with Owner for:
MONROE COUNTY JUSTICE BUILDING
KEY WEST
MONROE COUNTY, FLORIDA
in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh &
Jernigan, Inc., which Contract is by reference made a part hereof and is hereinafter
referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if
the Principal shall in all respects promptly and faithfully perform and comply with the
terms and conditions of said Contract and his obligations thereunder and shall
indemnify the Owner and the Consulting Engineer and save either or all of them
harmless against and from all costs, expenses and damages arising from the
performance of said Contract or the repair of any work thereunder, then this
obligation shall be void; otherwise, this Bond shall remain in full force and effect, in
accordance with the following terms and conditions:
A. The Principal and Surety jointly and severally agree to pay the Owner any
difference between the sum to which the said Principal would be entitled on the
completion of the Contract, and that sum which the Owner may be obliged to
pay for the completion of said work by Contract or otherwise, and any damages,
direct or indirect or consequential, which the said Owner may sustain on
account of such work, or on account of the failure of said Contractor to
properly and in all things, keep and execute all of the provisions of said
Contract.
B. And this Bond shall remain in full force and effect for a period of one (1) year
from the date of acceptance of the project by the Owner and shall provide that
00610 - 1/4
the Contractor guarantees to repair or replace for said period of one (1) year all
work performed and materials and equipment furnished that were not
performed or furnished according to the terms of the Contract, and shall make
good, defects thereof which have become apparent before the expiration of said
period of one (1) year. If any part of the project, in the judgment of the
Owner, for the reasons above stated needs to be replaced, repaired or made
good during that time, the Owner shall so notify the Contractor in writing. If
the Contractor refuses or neglects to do such work within five (5) days from the
date of service of such Notice, the Owner shall have the work done by others
and the cost thereof shall be paid by the Contractor or his Surety.
C. And the said Surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract
or to the work to be performed thereunder or the specifications accompanying
the same shall in any wise affect its obligations on this bond, and it does hereby
waive Notice of any change, extension of time, alteration or addition to the
terms of the Contract or to the work or to the Specifications.
D. The surety represents and warrants to the Owner that they have a Best's Key
Rating Guide General Policyholder's Rating of " A+ and Financial
Category of "Class 15 ".
00610 - 2/4
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this 14TH day of APRIL 19 869 A.D., the name and
corporate seal of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary Only will attest and affix seal).
WITNESSES:
R
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PRINCIPAL:
(Affix
(Seal
1888 N.W. 23rd STREET
Business Address
POMPANO BEACH, FLORIDA 33069
City State
SURETY:
FIDELITY & DEPOSIT CO. OF MARYLAND
Corporate Suret
0<1 (Affix
Atto ney-*III-- Fact, (Seal
10131 S.W. 40TH STREET
Business Address
MIAMI, FLORIDA 33165
City State
SECURITY BOND ASSOCIATES, INC.
Name of Local Insurance Agency
HARRIS, FIA. RESIDE
#0336265901
00610 - 3/4
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, '-WO75ER-r , certify that I am the Secretary of the Corporation
named as Principal in the within bond; thatJA1rZ5W 46C4FTT who signed the said
bond on behalf of the Principal, was then T of said Corporation; that I
know his signature, and his signature hereto is genuine; and that said bond was duly
signed, sealed, and attested for and in behalf of said Corporation by authority of its
governing body.
2L:;kc� Corporate
Secretary Seal
STATE OF FLORIDA )
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared BURTON HARRIS to me well known, who being by me first duly
sworn upon oath, says that he is the Attorney -in -Fact, for the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
and that he has been authorized by FIDELITY AND DEPOSIT COMPANY OF MARYLAND to
execute the foregoing bond on behalf of the Contractor named therein in favor of
Monroe County, Florida.
Subscribed and.sworn to before me this 14 day of APRIL , 1986, A.D.
(Attach Power of Attorney���
to Original Bid Bond) Notar Public
� Y
State of Florida -at -Large
Notary Pub4e.
My Commission Expireh?y
END OF SECTION
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00610 - 4/4
SECTION 00620 PAYMENT BOND
STATE OF FLORIDA
ss
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that HE =-KIER CONSTRUCTION, INC.
as Principal, hereinafter called Contractor,
and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety,
hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as
Obligee, hereinafter called Owner, in the amount of
ONE MILLION SIX HUNDRED ZWEN'I'Y THOUSAND AND 00/100 ------ Dollars ($ 1,620,000)
for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these
Lpresents.
WHEREAS, Contractor has by written agreement dated APRIL 7, ,
19 86 entered into a Contract with Owner for:
MONROE COUNTY JUSTICE BUILDING
KEY WEST
MONROE COUNTY, FLORIDA
in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh &
Jernigan, Inc., which Contract is by reference made a part hereof and is hereinafter
referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if
the Principal shall promptly make payments to all claimants, as hereinbelow defined,
then this obligation shall be void; otherwise, this Bond shall remain in full force and
effect, subject to the following terms and conditions:
A. A claimant is defined as any person supplying the Principal with labor, material
and supplies, used directly or indirectly by the said Principal or any
subcontractor in the prosecution of the work provided for in said Contract, and
is further defined in Chapter 255.05(1) of the Florida Statutes.
B. The above named Principal and Surety hereby jointly and severally agree with
the Owner that every claimant as herein defined, who has not been paid in full
before the expiration of a period of ninety (90) days after performance of the
labor or after complete delivery of materials and supplies by such claimant,
may sue on this Bond for the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable for the payment of any costs
or expenses of any such suit.
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C. No suit or action shall be commenced hereunder by any claimant:
1. Unless claimant, other than one having a direct contract with the
Principal, shall within forty-five (45) days after beginning to furnish labor,
materials or supplies for the prosecution of the work, furnish the Principal
with a notice that he intends to look to this bond for protection.
2. Unless claimant, other than one having a direct contract with the
Principal, shall within ninety (90) days after such claimant's performance
of the labor or complete delivery of materials and supplies, deliver to the
Principal written notice of the performance of such labor or delivery of
such material and supplies and the nonpayment therefor.
3. After the expiration of one (1) year from the performance of the labor or
completion of delivery of the materials and supplies; it being understood,
however, that if any limitation embodied in this Bond is prohibited by any
law controlling the construction hereof such limitations shall be deemed to
be amended so as to be equal to the minimum period of limitation
permitted by such law.
4. Other than in a state court of competent jurisdiction in and for the county
or other political subdivision of the state in which the project, or any part
thereof, is situated, or in the United States District Court for the district
in which the project, or any part thereof, is situated, and not elsewhere.
D. The Principal and the Surety jointly and severally, shall repay the Owner any
sum which the Owner may be compelled to pay because of any lien for labor or
materials furnished for any work included in or provided by said Contract.
E. The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration of or addition to the terms of the Contract or to
the work to be performed thereunder or the Specifications applicable thereto
shall in any wise affect its obligations on this Bond, and the Surety hereby
waives notice of any such change, extension of time, alterations of or addition
to the terms of the Contract, or to the work or to the Specifications.
F. The Surety represents and warrants to the Owner that they have a Best's Key
Rating Guide General Policyholder's rating of " A+ It and
Financial Category of "Class 15 it.
00620 - 2/4 ML
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IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this 14TH day of APRIL 1986, A.D., the name and
corporate seal of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary Only will attest and affix seal).
PRINCIPAL:
Hg�KIER CONS UCT ON, INC.
> _ ( Affix
Sib -nature of Authorized Officer (Seal
,n A
Title
1888 N.W. 23RD STREET
Business Address
POMPANO BEACH, FLORIDA 33069
City State
SURETY:
FIDELITY & DEPOSIT OWANY OF MARYLAND
Corporate
(Affix
torney-in-Fac , BURTON HARRis (Seal
10131 S.W. 40TH STREET
Business Address
MIAMI, FLORIDA 33165
City State
SECURITY BOND ASSOCIATES, INC.
Name of Local Insurance Agency
BURTON HARRIS, FLA. RESIDENT AGENT
#0336265901
00620 - 3/4
t
CERTIFICATES AS TO CORPORATE PRINCIPAL I
I,7 / E!L , certify that I am the Secretary of the Corporation
named as Principal in the within bond; that)-JQ/y)ES'R 741t)67-7 - who signed the
said bond on behalf of the Principal, was then of said Corporation;
that I know his signature, and his signature hereto is genuine; and that said bond was
duly signed, sealed, and attested for and in behalf of said Corporation by authority of
its governing body.
i3�Corporate
ecretary Seal
STATE OF FLORIDA )
ss
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared BURToN HARRTS
to me well known, who being by me first duly
sworn upon oath, says that he is the Attorney -in -Fact, for the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
and that he has been authorized by FIDELITY AND DEPOSIT COMPANY OF MARYLAND to
execute the foregoing bond on behalf of the Contractor named therein in favor of
Monroe County, Florida.
Subscribed and sworn to before me this 14THday of APRIL , 19 86, A.D.
r
(Attach Power of Attorney)
Notary Public
State of Florida -at -Large
My ComngVion Expires:
Notary Public, State Of Paida
END OF SECTA90=5 €ssic:-
00620 - 4/4
Power of Attorney 0249
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 FRIEND R. NAGLE , Vice -President, and ROBERT L. MEYER
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which
reads as follows:
"The Chairman of the Board, or the President, or any Executive Vice -President, 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 as the business of the
Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances,
stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of
mortgages, ... and to affix the seal of the Company thereto."
does hereby nominate constitute and appoint Burton Harris of Miami, Florida ............ .
ft'i and lawful 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 ..............................
ATTTffe 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 Burton Harris, dated,
June 14, 1982.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article V1, 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...;na........................day
of.............August............................ , A.D. 19..84. ---
_ FIDELITY AND DEPOSIT COMPANY OF MARYLAND
SEAL MEN
-
•w..•r' .......... .... .......... .............. B7 ........... .... _...... ._._......
Assistant Secretary via -President
STATE OF MARYLAND ? SS:
CITY of BALTIMORE J
On this 2nd day of August A.D. 19 84 , 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 known to be the individuals and officers described in and who executed the preceding instrument,
and the each acknowledged the execution of the same, and being b me duly sworn, severally and each for himself deposeth and saith, that they are
the saidofficersof 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 by Official Seal, at the City of 1110more the �d r R1.
ve written.
O.S........... ........ .................. ....................
�� Notary Public Commission Expir .._u11986 .
ru�u�
M CERTIFICATE
1, the unders�'gnad, Assistat 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
DEPosrr 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 rwer 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 TEsnuom WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ......... 14 ... day
of ......Apr i I.....---'.......................19....86
.............. ........... .... ..................... ..................
1.147a.—Gt.-030-0240 As+i tSecrawry
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