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JEFFORDS ST OUTFALL - 10-0032-EN - PROPOSAL FOR CONSTRUCTION MANAGER AT RISK PROJECT t� 4` CERTIFICATE OF SUBSTANTIAL COMPLETION Project; Jeffffords Ste Outfall Project Contract Number: 10-0032-EN Location. Harbor Oaks, Jeffords Street, Druid Rd. Contract ate: August 14, 2015 Notice to Proceed Date: October 26,2015 Substantial Completion Date: August 17, 2016 Warranty Expiration Date: August 17, 20,17 Consultant: Keystone Excavators, Inc. The work perfonned under this Contract has been inspected by authorized representatives of the Owner, Contractor, and Consultant, and the Project (or specified part of the Project, as indicated above)is hereby declared to be substantially completed on the above elate, DEFINITION OF SUBSTANTIAL COMPLETION Substantial completion is the stage in construction when a project or designated portion thereof is su fficiently complete in accordance with contract documents so that the Owner can use the work or portion thereof;for its intended use. Items that gftect operational integrity and function of the -K,,ork roust be capable of continuous use. Atkins Global .., By. ,: x Consultant Auth64nzed Re resentive C7atc The Contractor accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. 1 Al Keystone Excavators Inc. : B %.tea :. �Ze Contractor Authorized Representative Date The Owner accepts the specified area of the Project as Substantially Complete and will assume fall possession of the specified area of the Project on August 17, 2016.. The responsibility for utilities, security, and insurance under the Contract Documents shall be as set forth in the Contract Documents.. Tara Kivett. By: f City of Clearwater Authorized Representative Date "- "'o Certificate of Substantial Completion, Page 2 of 2 City of Clearwater Engineering Department 100 S.Myrtle Ave. Clearwater,FL 33756 End of Project Punch List: Keystone Excavators, Inc. Walkthrough Date: 1 1/17/2016 Jeff it Street Ouffafl Project 10®0032®EN) Punch List Completion Due Date: Emailed to Keystone 12/14/16. Complete by 12/28/16 Attendees at Walkthrough:Attendees: Phuong Vo,Melvin Maciolek, Fleet Wulf, Roger Larkin,Jeff Truxton, Owen Whitiker, Robert Dowling Item Description Date Inspected No. Complete by t Structures inlets for 3 and 3A not per plan detail.Require 3A top be lowered(is 5')to meet detail of 3.5'above EP. 12/01/16 RWL 2 Guy wires at for SE and NW power poles at intersection of Druid and Jeffords dangling and wrapped around poles. Duke's Responsibility 3 Pot holes in sodded areas need to be filled and resodded 11/17/2016 RL 4 Various bird baths along curb lines at driveway connections are too small to correct without making more issues* see warranty extension as well. Pending wai arty I No crown or inadequate crown in Lotus Path and portion of Druid Rd.City will allow to remain in place but requests Keystone agre s to two yeas 5 a two year warranty where Keystone will make corrections if City determines proper flow is affected by lack of Warranty crown and improper roadway grades. 6 A few cleanout concrete collars need to be adjusted to grade or grade adjusted to them(Lotus Path sta 24+ 11/17/16 RWL among others) 7 Sharp edges of galvanized steel nose should be grinded down to eliminate safety hazard. 12/01/16 RWL Grates of structures 04 and 04A show paint peeling off. Request certification that these grates were fabricated 1/30/16 RWL 8 and painted as per FDOT's specifications.Keystone agreed to replace with galvanized per FDOT spec.Painting Cert no longer needed.Please submit cut sheets on galvanized grates.*REPLACED WITH GALVANIZED GRATES* L The alignment of the storm pipe from structure 1 1 to project's east terminus was off causing the need for Pospiech See comments (Magnolia Outfall's contractor)to add an additional storm box in order to connect the storm systems of the 2 projects.This additional cost should be a credit to the City. End of Project Punch Ust� Keystone Excavators, Inc. Jeffords Street Outfall Project (10-0032-EN) City of Clearwater Engineering Department 100 S.Myrtle Ave. Clearwater,FL 33756 Item Description Date Inspected No. Complete by 10 Correct void at SE corner by ramp(Jeffords/Druid) 11/17/2016 RL J1 1 1 Remove small rubber in asphalt roadway near helipad and patch 12/21/16 RWL 12 Cracks in new patch on curb north side of Lotus Path just east Druid Rd.Redo patch. 12/01/16 RWL 13 Scribe wounded area on tree at Bay/Lotus Path per Tim Kurtz.Scribe done is not adequate. 1/30/17 RWL 13 From storm video between S-9 and S-20(11.5')on Lotus Path at Druid,just west of S-9-dripping from top of pipe. 12/01/16 Seal joint and submit photo. Need final signed and sealed as-built incorporating comments below: 1/18/17 RWL 1. Show LF of new sanitary pipe(similar as shown for storm),page 14 and north of MH8 on pg 15. 2. Show invert of new 10"DIP sanitary connecting to the existing sanitary MH(SW corner Jeffords/Druid). Shows two NE inverts as 10"PVC(should those be W and SE?) but no DIP to NE. 14 3. Show pipe removed and/or grout filled on demo pages 5-8 as bolded and mark variations(surveyor may note-based on contractor provided redlines). 4. Add"new"to MH 8. 5. Why is cross hatching shown on page 15, 15" RCP storm from S20 to S19A? 6. Show new sewer pipe north of MH8. 7. EP at S 17 shown as 24.32,believe that should be 27.32?Please clarify. *#9:it is Keystone Excavators opinion that the additional structure installed was inevitable.The Jeffords street project plans showed a manhole being installed in the middle of Bay Street at Lotus Path.Our plans directed us to install the storm pipe up to the project limits inline with this proposed structure to be installed by others. This structure shown on our plans was not installed in the location of Bay but instead was installed on Lotus Path. This change created a need to install a manhole or a collar at the terminating point of the pipe installed by Keystone. Itis also true that the two pipes were of dissimilar manufacture and would not mate correctly. We ask that this item be removed from the punchlist since the plans changed on the Magnolia Project. End of Project Punch Ust� Keystone Excavators, Inc. Jeffords Street Outfall Project (10-0032-EN) PROJECT PUNCH LIST A punch list of items to be completed or corrected by is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the Contractors to complete all the work in accordance with the Contract Documents. PROJECT ONE YEAR WARRANTY Contract Section/it, 13.5 WARRANTYICORRECTION PERIOD ffivithin one year after-the date qf'Substantial Conipletion or such longer period of time as nlay be pr by La�t,S or Regulations or by the terns Qf any applicable special guarantee required by the Contract Docianen ts or by any specific provision qfthe Contract Docuinen ts, any Pork is found to be dqfectivc, Contractor shall promptlj,,, ivithout cost to the (hiner and in accordance with the (hi,ners written instructions; (i) correct such defective tVork, or, if it has been rcjected by the avner, reniove itfironi Me site and replace it tiilth Work that is not defective and(ii)satisfactorily corrector reniove and replace an, daniage to other dFork or the work of others resulting therefrom... T,Vhere defective TVork-(and damage to other lVork-resulting there fironi) has been corrected, removed or replaced under this paragraph the correction period hereunder with respect to such Fork will be e_yrcndedf6r an additional period o one year after such correction or removal and replacement has been satiscfacrorily cotnpleted. Substantial Completion Date- August 17, 2016 Warranty Expiration Date: August 17, 2017 ............—............ ......_—''...... A copy of this signed and executed document should be provided to the following parties: Project Owner Project Contractor Project Consultant(if applicable) City Construction Office Specialist Project File KEYSTONE EXCAVATORS, INC. CUCO 56698 FPSCV 72520700011996 371 Scarlet Blvd. Oldsmar, FL 34677 Phone 813 - 854 -2342 Fax 813 - 854 -2993 Proposal for Construction- Manager -at -Risk Project Date : August 10 , 2015 TO: Vo Phuong, P.E. , Project Manager City of Clearwater — Engineering Department 100 S. Myrtle Ave., Suite 200 Clearwater, FL 33756 RE: City of Clearwater Engineering Department Jeffords Street Outfall, Project 10- 0032 -EN, Guaranteed Maximum Price (GMP) As requested, enclosed is the proposal for construction of the Jeffords Street Outfall Project , submitted in accordance with the technical specifications and Construction Plans for this project , for a Guaranteed Maximum Price of $ 1,587,552.°° Scope of Work: Construct Storm Drainage treatment structure, inlets and drainage pipe. Remove and Replace Sanitary Sewer pipe and manholes, including By -Pass Pumping to maintain service during construction. Demolish existing, and construct new, Curbs, Sidewalks and ramps , and Street Paving. Perform above activities on a block -by -block basis to mitigate the impact to local residences as well as maintaining open access for critical traffic to the Hospital. In addition , the work on Jeffords Street will have to work around the Safety concerns of the hospital's Med Evac Helicopter, which operates in the direct vicinity of the road work. Cost Detail: Description Amount Cost of Work (per 8/3/15 Schedule of Values) $ 1,246,546.°° General Conditions / Supervision / Insurance / Bond $ 71,440.00 Construction Management Fee $ 62,494.°° Subtotal $ 1,380,480.°° Contingency 15% $ 207,072.°° Guaranteed Maximum Price $ 1,587,552.°° Project Duration shall be 300 calendar days from the date of the Notice to Proceed. 1 This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on June 17, 2013, based on RFO #15 -13. Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. For work performed, invoices shall be submitted to the City of Clearwater, Engineering Department, Attn: Veronica Josef, Senior Staff Assistant, P.O. Box 4748, Clearwater, Florida, 33758 -4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. Countersigned: cteorte n crc .kos George N. Cretekos Mayor Matthew M. S it h Assistant City Attorney By: KEYSTONE EXCAVATORS, INC. 614/4 2 /c Robert C. Fornwdlt , Jr. President CITY OF CLEARWATER, FLORIDA By: 2 William B. Horne II City Manager Attest: Rosemarie Call City Clerk Bond No.: 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 OWNER City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 ( 727) 562 -4747 PROJECT NAME : JEFFORDS STREET OUTFALL PROJECT NO.: 10- 0032 -EN PROJECT DESCRIPTION: Construct Storm Drainage treatment box, inlets and pipe ; Sanitary Sewer system including bypass pumping to maintain service during the work ; Demolish and re- construct Curbs, Sidewalks, and Street Paving. 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 $ 1,587,552.00 , 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 proposal dated August 3, 2015 , between Contractor and Owner for construction of Jeffords Street Outfall , 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 Bond No.: 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 TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 20 (If Corporation, Secretary only will attest and affix seal). KEYSTONE EXCAVATORS , INC. By: Title: President Print Name: Robert C. Fornwalt , Jr. WITNESS: WITNESS: Corporate Secretary or Witness Print Name: (affix corporate seal) (Power of Attorney must be attached) Print Name: DEVELOPERS SURETY & INDEMNITY By: ATTORNEY -IN-FACT Print Name: (affix corporate seal) PROPOSAL PROJECT: Jeffords Street Outfall - Contract # 10- 0032 -EN August 3, 2015 BID ITEM ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE ($) EXTENDED PRICE ($) STORMWATER (CO- OPERATIVELY FUNDED) 1 MOBILIZATION LS I 1 $ 133,934.00 $ 133,934.00 1.1 COSTS RELATED TO HELICOPTER PAD OPERATING ALLOWANCE $ 50,000.00 $ 50,000.00 DURING WORK ( LABOR OVERTIME /ACCELERATION, SPECIAL CLEAN -UP ,EQUIPMENT LIMITATIONS, etc). 1.2 NOTE: A 400 -TON CRANE AT THE HELIPAD. THERE WILL BE 2 DAYS WHEN CONTRACTOR OPERATES THAT HELICOPTER WILL NOT BE ABLE TO LAND 2 WORK ZONE TRAFFIC CONTROL LS 1 $ 32,311.00 $ 32,311.00 3 EROSION AND SILTATION CONTROL LS 1 $ 8,120.00 $ 8,120.00 4 CLEARING AND GRUBBING AREA LS 1 $ 44,745.00 $ 44,745.00 5 TREE BARRICADES LF 1,825 $ 3.00 $ 5,475.00 6 ROOT PRUNING LF 113 $ 8.00 $ 904.00 7.0 7.1 7.2 7.3 TREE REMOVAL, see Below BREAKDOWN of ITEMS TREE REMOVAL (0" -12" Diameter), CONTINGENCY TREE REMOVAL (13" - 24" Diameter), CONTINGENCY TREE REMOVAL (25" - 48" Diameter), CONTINGENCY EA EA EA 1 2 - $ 525.00 $ 950.00 $ 1,675.00 $ 525.00 $ 1,900.00 $ 0.00 8 REMOVAL EXISTING STORM STRUCTURE EA 12 $ 760.00 $ 9,120.00 9 REMOVAL 12" RCP STORM LF 449 $ 12.00 $ 5,388.00 10 REMOVAL 12" DIP STORM LF 318 $ 12.00 $ 3,816.00 11 REMOVAL 12" VCP STORM LF 29 $ 11.00 $ 319.00 12 REMOVAL 18" RCP STORM LF 12 $ 14.00 $ 168.00 13 REMOVE / REPLACE UNSUITABLE MATERIAL CY 200 $ 26.00 $ 5,200.00 14 SUITABLE FILL MATERIAL CY 50 $ 15.00 $ 750.00 15 FLOWABLE FILL for ABANDONED STRUC's AND PIPES CY 47 $ 178.00 $ 8,366.00 16 12" ADS N -12 Pipe LF 5 $ 35.00 $ 175.00 17 15" RCP LF 207 $ 76.00 $ 15,732.00 18 18" RCP LF 67 $ 84.00 $ 5,628.00 19 24" RCP LF 536 $ 102.00 $ 54,672.00 19.1 PLUG 24" RCP line at East End of Jeffords project LS 1 $ 440.00 $ 440.00 20 30" RCP LF 952 $ 141.00 $ 134,232.00 21 29 "x45" ERCP LF 120 $ 184.00 $ 22,080.00 22 34 "x53" ERCP , and Connect to Exist Pipe LF 8 $ 420.00 $ 3,360.00 22.1 8" PVC UNDERDRAIN PIPE LF 350 $ 22.00 $ 7,700.00 22.2 UNDERDRAIN CLEANOUTS EA 3 $ 241.00 $ 723.00 23 BAFFLE BOX (NSBB -8 -14) EA 1 $ 146,520.00 $ 146,520.00 24 STORM MANHOLES EA 5 $ 3,915.00 $ 19,575.00 25 JUNCTION BOX TRAFFIC TYPE 6' x 6' EA 1 $ 5,423.00 $ 5,423.00 26 TYPE V GUTTER INLET (FDOT INDEX NO. 221) EA 1 $ 3,389.00 $ 3,389.00 27 TYPE V GUTTER INLET w/ TYPE P BOTTOM EA 1 $ 4,619.00 $ 4,619.00 28 TYPE A SINGLE WING INLET FOR TYPE 1 CURB EA 1 $ 5,631.00 $ 5,631.00 29 TYPE A DOUBLE WING INLET FOR TYPE 1 CURB EA 1 $ 6,204.00 $ 6,204.00 Sheet 1 of 3 PROPOSAL PROJECT: Jeffords Street Outfall - Contract # 10- 0032 -EN August 3, 2015 BID ITEM ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE ($) EXTENDED PRICE ($) 30 TYPE C SINGLE WING INLET FOR VALLEY GUTTER EA 2 $ 5,631.00 $ 11,262.00 31 TYPE C DOUBLE WING INLET FOR VALLEY GUTTER EA 1 $ 6,204.00 $ 6,204.00 32 TYPE F SINGLE WING INLET FOR STRAIGHT CURB EA 9 $ 5,631.00 $ 50,679.00 33 TYPE F DOUBLE WING INLET FOR STRAIGHT CURB EA 1 $ 6,204.00 $ 6,204.00 34 "NYOPLAST DRAIN BASIN " EA 1 $ 1,911.00 $ 1,911.00 with Solid Cover [ will use 3'x3' Concrete Box] 34.1 12" STABILIZED SUBGRADE, LBR-40 SUB -BASE SY 6,521 $ 8.00 $ 52,168.00 35 8" CRUSHED CONCRETE BASE SY 5,530 $ 19.00 $ 105,070.00 36 1" TYPE S -I ASPHALT , ( BOTTOM LAYER) TN 300 $ 125.00 $ 37,500.00 37 1" TYPE S -I ASPHALT , ( TOP LAYER) TN 300 $ 125.00 $ 37,500.00 38 MILLING EXISTING ASPHALT, 1.5" AVG. DEPTH SY - $ 15.00 $ 0.00 39 TYPE 1 CURB LF 330 $ 19.00 $ 6,270.00 40 VALLEY GUTTER CURB LF 811 $ 26.00 $ 21,086.00 41 STRAIGHT CURB LF 2,295 $ 16.00 $ 36,720.00 42 42.1 CONCRETE SIDEWALK (4" THICK) ADA SIDEWALK RAMPS & DETECTABLE WARNINGS SY EA 251 12 $ 35.00 $ 925.00 $ 8,785.00 $ 11,100.00 43 6" CONCRETE DRIVEWAY RESTORATION SY 658 $ 54.00 $ 35,532.00 44 SOD (St. Augustine, Floratam) SY 2,500 $ 6.00 $ 15,000.00 45 PAVEMENT MARKINGS LS 1 $ 1,825.00 $ 1,825.00 Subtotal Stormwater $ 1,191,960.00 46 15% Contingency Stormwater LS 1 $ 178,794.00 UTILITIES Total Stormwater $ 1,370,754.00 WATER 47 LONG -SIDE WATER SERVICES, in Conduit Across Road EA 12 $ 1,240.00 $ 14,880.00 47.1 WATER MAIN CONFLICTS, 6" DIP, with 45 deg. Bends EA 3 $ 3,496.00 $ 10,488.00 47.2 REMOVE, RELOCATE /RE- INSTALL FIRE HYDRANT EA 1 $ 3,132.00 $ 3,132.00 Subtotal Water $ 28,500.00 48 15% Contingency Water LS 1 $ 4,275.00 Total Water $ 32,775.00 SEWER 49 ADJUST EXISTING MANHOLES EA 4 $ 950.00 $ 3,800.00 49 BY -PASS PUMPING for Sewer Work (to Keep Sewer system in operation) Using QUIET -PACK PUMPS LS 1 $ 33,703.00 $ 33,703.00 50 SAN. MANHOLE / BOTTOM < 10 FT DEEP EA 2 $ 3,657.00 $ 7,314.00 51 SAN. LATERAL SERVICE REPLACEMENT EA 15 $ 1,840.00 $ 27,600.00 53 REMOVAL 8" VCP PIPE LF 782 $ 12.00 $ 9,384.00 54 REMOVAL 10" VCP PIPE LF 383 $ 13.00 $ 4,979.00 55 8" PVC SAN. LF 782 $ 54.00 $ 42,228.00 56 10" PVC SAN. LF 284 $ 59.00 $ 16,756.00 57 10" DIP SAN. LF 99 $ 144.00 $ 14,256.00 Sheet 2 of 3 PROPOSAL PROJECT: Jeffords Street Outfall - Contract # 10- 0032 -EN August 3, 2015 BID ITEM ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE ($) EXTENDED PRICE ($) Subtotal Sewer $ 160,020.00 58 15% Contingency Sewer LS 1 $ 24,003.00 Total Sewer $ 184,023.00 RECLAIMED WATER - - Work at Bay Avenue - - Deleted 7 -30 -2015 59.0 WATER RECLAIM MAIN RELOCATION [ 4" DIP ] EA - $ 2,885.00 $ 0.00 59.1 4" GATE VALVE EA - $ 1,253.00 $ 0.00 59.2 RECLAIM MAIN, 16" DIP LF - $ 272.00 $ 0.00 Subtotal Reclaimed Water $ 0.00 60 15% Contingency Reclaimed Water LS 1 $ 0.00 Total Reclaimed Water $ 0.00 Subtotal Utilities $ 188,520.00 Total Contingency Utilities $ 28,278.00 Total Utilities $ 216,798.00 Subtotal $ 1,380,480.00 Total Contingency [ 15 % of Cost ] $ 207,072.00 Total Contract $ 1,587,552.00 Guaranteed Maximum Price $ 1,587,552.00 CONTRACTOR : KEYSTONE EXCAVATORS, INC. ADDRESS: 371 Scarlet Blvd CITY: Oldsmar ZIP CODE : 34677 TELEPHONE: 813 - 854 -2342 FAX : 813 - 854 -2993 E • IL: Dave • PRINTED NAME: David Atkins SIGNED: TITLE: Estimator DATE: .3 /'0l.5 GUARANTEED MAXIMUM PRICE: $ 1,587,552.00 Ke stoneE . cavators.com (Numbers) GUARANTEED MAXIMUM PRICE : One Million , Five Hundred Eight -Seven Thousand , Five Hundred Fifty -Two DOLLARS and No CENTS ( Words ) THE GUARANTEED MAXIMUM PRICE ABOVE IS HIS TOTAL PROPOSAL BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND ESTIMATED QUANTITIES REQUIRED FOR EACH SECTION. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICES BID. IF THERE IS AN ERROR IN THE TOTAL BY BIDDER , IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICES SHALL GOVERN. Sheet 3 of 3 PUBLIC 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.: 481232P CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO.: Keystone Excavators, Inc. 371 Scarlet Blvd., Oldsmar, FL 34677 (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: SURETY AGENT ADDRESS: SURETY AGENT PHONE NO.: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO: BOND AMOUNT: CONTRACT NO.: (If applicable) DESCRIPTION OF WORK: PROJECT ADDRESS: LEGAL DESCRIPTION: (If available) The Shrum Agency 2227 Pimacle Circle North, Palm Harbor, FL 34684 (727) 781 -9797 City of Clearwater 100 S. Myrtle Avenue, Clearwater, FL 33756 (727) 562 -4747 $ 1,587,552.00 Jeffords Street Outfall Project No.: 10- 0032 -EN Clearwater, Florida KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2015239412 08/21/2015 at 01:56 PM OFF REC BK: 18894 PG: 125 -128 DocType:BOND RECORDING: $35.50 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, 481232P 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 cony 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 OWNER Developers Surety & Indemnity 17771 Cowan Ave , Irvine , CA 92614 ( 727) 822 -5610 City of Clearwater Engineering Department Suite 100 100 S. Myrtle Avenue Clearwater, FL 33756 ( 727 ) 562 -4747 PROJECT NAME : JEFFORDS STREET OUTFALL PROJECT NO.: 10- 0032 -EN PROJECT DESCRIPTION: Construct Storm Drainage treatment box, inlets and pipe ; Sanitary Sewer system including bypass pumping to maintain service during the work ; Demolish and re-construct Curbs, Sidewalks, and Street Paving. 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 $ 1,587,55200 , 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 proposal dated August 3, 2015 , between Contractor and Owner for construction of Jeffords Street Outfall , 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 Bond No.: 481232P 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 TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this August _2015. (If Corporation, Secretary only will attest and car seal). WITNESS: Co y': to Secretary or Witness Name: k • .._ Fsyrru.)c (affve corporate seal) (Power of Attorney must be attached) 18th day of KEY ONE EXCAVATORS .'INC.' By: Title: President Print Name: Robert C. Fornwalt , >: WITNESS: DEVELOPERS SURETY & INDEMNITY 13 ATTORNEY -IN -FACT Print Name: Warren M. Shrt$n,. J (affix corporate seal) 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 Attomey(s)-in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in.Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection 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 ads of said Attomey(s)-in -Fad, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the fdbwing resolution adopted by the Board of Directors 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 then hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) 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 may be 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 December 1, 2014. Mark J. Lansdon, Vice-President State of California County of Orange On December 1, 2014 personally appeared Date before me, cc OCT. E <? ▪ 10 o • = 1936 0 Lucille Raymond, Notary Public Here Insert Name and Title of the Officer Daniel Young and Mark J. Landon Name(s) of Signer(s) LUCILLE RAYMOND Commission • 2081945 Notary Public - California Orange County Comm. Expires Oct 13 2018 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 helshelthey executed the same in his/her/their authorized capacity (ies), and that by his/her/ their signature(s) on the instrument the person(s), or she 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. ( /f Place Notary Seal Above Signature CERTIFICATE f Leicille Raymond, Notary Public The undersigned, as Secretary orAssistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in fug 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 Attormey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 18th day of August , 2015 . By: /6z.tit4.4;tjLcx._. Cassie J. Bernsford, Assistant Secretary ID- 1438(Rev.12/14) (/