Performance/Payment BondSECTION 00610 BOND #475
PERFORMANCE BOND
STATE OF FLORIDA )
ss
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that Hewett -Kier Construction, Inc.
as Principal, hereinafter called Contractor,
and Fidelity & Deposit Co. 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
Three Hundred One Thousand Seven
Hundred Eighty Three Dollars ($301,783.00) 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 19th 19 88 ,
entered into a Contract with Owner for:
RENOVATION OF FIRST FLOOR COURTHOUSE ANNEX 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
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
00610 - 1 04-017.10
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 VIII 11.
00610 - 2 04-017.10
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this 28th day of April 19 8� 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).
M
, i
PRINCIPAL:
=Kier Con§.�ry4ion, Inc.
James R. Hewett
President
Title
1888 N. W. 23rd Street
Business Address
Pompano Beach, FL 33069
City State
SURETY:
Affix
(Seal
WIT E S: Fidelity & posit Co. f Maryland
Corporat y
�f ( Affix
Attor ey-in-Fact Burton Harris (Seal
10131 S. W. 40th Street
Business Address
Miami, FL 33165
City State
r Security Bond Associates, Inc.
Name of Local Insurance Agency
COU D BY:
B HARRIS, FL . RESIDENT AGENT
No,0336265901
00610 - 3
04-017.10
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, Robert Kier , certify that I am the Secretary of the Corporation
named as Principal in the within bond; that James R. Hewett
bond on behalf of the Principal, was then President
who signed the said
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.
- &4A4 L Corporate
Secretary Seal
STATE OF FLORIDA )
ss
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 & Deposit Co.
of Maryland
and that he has been authorized by Fidelity & Deposit Co. of Maryland to
execute the foregoing bond on behalf of the Contractor named therein in favor of the
Monroe County, Florida. Subscribed and sworn to before me this 28th day of
April , 19 8$ A.D.
(Attach Power of Attorney)
Notar 'c
State of Florida -at -Large
Notary Public, State of Florida
M Commission Expires: My Commission Expires Feb. 2, 1990
y Security Bond Associates, Inc.
END OF SECTION
00610 - 4 04-017.10
STATE OF FLORIDA )
ss
COUNTY OF )
SECTION 00620 BOND #475
PAYMENTBOND
KNOW ALL MEN BY THESE PRESENTS that Hewett -Kier Construction, Inc.
as Principal, hereinafter called Contractor,
and Fidelity & Deposit Co. 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 Three Hundred One Thousand Seven
Hundred Eighty Three Dollars ($301,783.00)
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 April19th 19 88 ,
entered into a Contract with Owner for:
RENOVATION OF FIRST FLOOR COURTHOUSE ANNEX 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 Section 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
00620 - 1
04-017.10
suit.
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 sup-
plies 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+ " and Financial
Category of "Class VIII it.
00620 - 2
04-017.10
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this 28th day of April 19 8$ 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:
Hewe Cier Construct
ted
gnature of Authorized
James R. Hewett
President
Title
1888 N. W. 23rd Street
Business Address
Pompano Beach, FL 33069
City State
SURETY:
Inc.
( Affix
er (Seal
WIT ES Fidelit & De sit of Maryland
/ Corporate4244L/ y
u (Affix
Attorney -in -Fact Burton Harris (seal
10131 S. W. 40th Street
Business Address
Miami, FL 33165
City State
Securitv Bond Associates. Inc.
Name of Local Insurance Agency
COON ED A_._
BUR i ON HARRIS, FLA. RESIDENT AGENT
No.0336265901
00620 - 3
04-017.10
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, Robert Kier , certify that I am the Secretary of the Corporation
named as Principal in the within bond; that James R. Hewett
who signed the said
bond on behalf of the Principal, was then President 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.
Corporate
Secretary Seal
STATE OF FLORIDA )
ss
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 & Deposit Co.
of Maryland
and that he has been authorized by Fidelity & Deposit Co. of Maryland to
execute the foregoing bond on behalf of the Contractor named therein in favor of the
Monroe County, Florida.
Subscribed and sworn to before me this 28thday of April , 19 80A.D.
(Attach Power of Attorney)
Notary Ptollic
State of Florida -at -Large
Notary Public. State of Florida
My Commission Expires: My Commission Expires Feb. 2, 1990
c.
END OF SECTION
00620 - 4
04-017.10
Power of Attorney 475
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 V1, 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........ .
1 ss try 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 ........................
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 VI, 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 ........ .2rid ..................day
of ............August ............................•• , A.D. 19..84...
oc•osFIDELITY AND DEPOSIT COMPANY OF MARYLAND
• Da= c..t ATTEST:
.SEAL
,....."°
etary ice -President
STATE OF MARYLAND , SS:
CITY OF BALTIMORE J
On this 2 nd 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 they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are
the said officers of 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 ve hereunto set my hand and affixed by Official Seal, at the CiW of Baltimore e d d year first above written.
�N
W NOTAItrM .
= Notary Public Commission pires.J,a> y... I ......
1.9B.fi..
►uaLIC
'�•o�E M'�` CERTIFICATE
I, the undersigned, Assistant Secretary 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 1 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
DEPOSIT 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 Bower of attorney issued by the Company, shall be valid and binding upon the Company
with the same force and effect as though manually affixed. ' 28 th
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ...................... day
A ril
LUM—ctr.—030-0240
............. . A. ------
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