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PUBLIC WORK PERFORMANCE AND PAYMENT BOND FRONT PAGE AND PUBLIC CONSTRUCTION BONDPUBLIC WORK PERFORMANCE AND PAYMENT BOND FRONT PAGE "This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes." BOND NO.: 480373P CONTRACTOR NAME: Keystone Excavators, Inc. CONTRACTOR ADDRESS: 371 Scarlet Blvd., Oldsmar, FL 34677 CONTRACTOR PHONE NO.: (813) 854 -2342 SURETY COMPANY: Developers Surety and Indemnity Company SURETY COMPANY ADDRESS: 17771 Cowan Ave., Suite 100, Irvine, CA 92614 SURETY COMPANY PHONE NO.: (727) 822-5610 SURETY AGENT: The Shrum Agency SURETY AGENT ADDRESS: 2227 Pinnacle Circle North, Palm Harbor, FL 34684 SURETY AGENT PHONE NO.: (727) 781 -9797 OWNER NAME: City of Clearwater, Florida OWNER ADDRESS: 100 S. Myrtle Ave., Clearwater, FL 33756 OWNER PHONE NO: (727) 562 -4856 BOND AMOUNT: CONTRACT NO.: (If applicable) DESCRIPTION OF WORK: PROJECT ADDRESS: LEGAL DESCRIPTION: (If available) $ 84 75 84s; goo. 00 Project # 14- 0028 -PR Bayshore Trail Clearwater, Florida RCP' All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre - printed thereon. Bond No.: 480373P PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, "Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph." CONTRACTOR Keystone Excavators, Inc. 371 Scarlet Blvd Oldsmar, FL 34677 813 - 854 -2342 SURETY Developers Surety & Indemnity 17771 Cowan Ave, Suite 100 Irvine, CA 92614 727 - 822 -5610 PROJECT NAME: &I/shore Trail PROJECT NO.: 14- 0028 -PR OWNER City of Clearwater Parks & Recreation Dept. 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562 -4800 PROJECT DESCRIPTION: Construct an asphalt trail alongside Bayshore Blvd. Perform clearing, fill, construction of concrete wall, and asphalt / base the trail. BY THIS BOND, We , Keystone Excavators, Inc., as Contractor, and Developers Surety & Indemnity, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $845,900.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated [ ], between Contractor and Owner for construction of Bayshore Trail 14- 0028 -PR, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and Section V - Bayshore Trail - 122314 Page 1 of 17 11/25/2014 Bond No.: 480373P PUBLIC CONSTRUCTION BOND (2) 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN T S I NY WHEREOF, witness the hands and seals of the parties hereto this day of , 20 / (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). WITN S: It /If,. Ci //, . X;11 Corp; ate Secretary or Witness Pri Name: Jamie K. Fornwalt (affix corporate seal) Section V - Bayshore Trail - 122314 Keystone Excavators, Inc. By: Title: President Print Name: Robert C: Fornwalt ITNES'S% Print Name: _Michael G. [Leave blank for Name of Corporate Surety] By: ATTORNEY -IN -FACT Print Name: (affix corporate seal) (Power of Attorney must be attached) Page 2 of 17 11/25/2014 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 *KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint: * *Warren M. Shrum Jr. * ** as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds, and contracts of suretyship giving and granting unto said Attorneys) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be dolNtin candsction therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attorney(serYnssst, pureratb thee° presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of tt. Mowing resolution adopted by the BasedittemlIts of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice - President, Senior Vice- President or Vice - President of the corporation be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorneys) named in the Power of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers maybe affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this November 21, 2013. Daniel Young, Senior Vice- President BY: Mark J. Lansdon, Vice- President State of California County of Orange On November 21, 2013 personally appeared Date before me, Antonio Alvarado, Notary Public Here Insert Name and Title of the Officer Daniel Young and Mark J. Landon Name(s) of Signer(s) ANTONIO ALVARADO g ,= COMM. # 2033556 g NOTARY PUBLIC CALIW 3 ORANGE COUNTY My comm. errpiresAug. 9.201T Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized • capadty(ies), and that by his/hedtheir signature(s) 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. Signature CERTIFICATE Antonio Alvarado, Notary Public The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney ,ret?kains in full force and has not been revoked and furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in kr:arias of the/datE of this Certificate. This Certificate is executed in the City of Irvine, California, this d f6 7 I ,v% j7©/ (L •