SAND KEY PARKING LOT - 15-0014-EN - PROPOSAL FOR CONSTRUCTION-MANAGER-AT-RISK PROJECT v
CERTIFICATE OF SUBSTANTIAL COMPLETION
Project: Sand Key Parking Lot Contract Number: 15-0014-EN
Location: 1371 Gulf Boulevard, Clearwater FL 33767
Contract Date: 10/12/16 Notice to Proceed Date: 3/13/17
Substantial Completion Date: 4/27/17 Warranty Expiration Date: 4/27/18
Consultant: Duelel &Associates
The work performed 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 date.
DEFINITION OF SUBSTANTIAL COMPLETION
Substantial completion is the stage in construction when a project or designated portion thereof is
sufficiently complete in accordance with contract documents so that the Owner can use the work or
portion thereof for its intended use. Items that affect operational integrity and function of the work must
be capable of continuous use.
Duelel&Associates By:
Consultant Authorized Representative Date
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.
Keystone Excavators, Inc. By:
Contractor Authorized Representative Date
The Owner accepts the specified area of the Project as Substantially Complete and will assume full
possession of the specified area of the Project on 4/27/2017. The responsibility for utilities, security, and
insurance under the Contract Documents shall be as set forth in the Contract Documents.
Ivan Dimitrov By:
City of Clearwater Authorized Representative Date
Certificate of Substantial Completion, Page 2 of 2
PROJECT ONE YEAR WARRANTY
Contract Section Ill,
13.5 WARRANTY/CORRECTION PERIOD
If within one year after the date of Substantial Completion or such longerperiod of time as may be prescribed
by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract Documents, any Work is found to be defective,
Contractor shall promptly, without cost to the Owner and in accordance with the Owner's written
instructions; (i) correct such defective Work, or, ifit has been rejected by the Owner, remove it from the site
and replace it with Work that is not defective and(ii)satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom...
Where defective Work(and damage to other Work resulting therefrom) has been corrected, removed or
replaced under this paragraph the correction period hereunder with respect to such Work will be extended for
an additional period of one year after such correction or removal and replacement has been satisfactorily
completed.
Substantial Completion Date: 4/27/17 Warranty Expiration Date: 4/27/18
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: September 28 , 2015
TO: Ed Chesney , P.E.
City of Clearwater — Engineering Department
100 S. Myrtle Ave., Suite 200
Clearwater, FL 33756
RE: City of Clearwater Engineering Department
Sand Key Parking Lot , Project 15- 0014 -EN, Guaranteed Maximum Price (GMP)
As requested, enclosed is the proposal for construction of the Sand Key Parking Lot Project ,
submitted in accordance with the technical specifications and Construction Plans for this
project , for a Guaranteed Maximum Price of $121,220.°°
Scope of Work :
Clear and Remove Bushes and Sod. Relocate Light Poles. Excavate soil , import #57
Stone , Mix and Place blended soil mixture for Geo -Block parking material. Furnish
and Install Ge -Block material . Furnish and Install Topsoil over the buried Geo -Block
material. Install Concrete Curbs and Sidewalk, and concrete Wheel Stops.
Cost Detail :
Description
Amount
Direct Cost of Work
$ 93,670.°°
General Conditions / Supervision / Insurance / Bond
$ 11,020.00
Construction Management Fee
$ 5,510.00
Subtotal
$ 110,200.00
Contingency 10%
$ 11,020.00
Guaranteed Maximum Price
$ 121,220.°°
Project Duration shall be 30 calendar days from the date of the Notice to Proceed.
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
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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:
G(& w %t C k .kof
George N. Cretekos
Mayor
Approved as to
Matthew M. mith
Assistant City Attorney
By:
KEYSTONE EXCAVATORS, INC.
ruxton
e President
ITY OF CLEARWATER, FLORIDA
By: �,,(,�,XI.4„u.4 6,11 :2z
William B. Horne II
City Manager
2
Attest:
Rosemarie Call
City Clerk
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.: 481330P
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
OWNER ADDRESS: 100 S. Myrtle Avenue, Clearwater, FL 33756
OWNER PHONE NO: (727) 562 -4747
BOND AMOUNT: $ 121,220.00
CONTRACT NO.: (If applicable) 15-0014 -EN
DESCRIPTION OF WORK: Sand Key Parking Lot
PROJECT ADDRESS: Clearwater, Florida
LEGAL DESCRIPTION: (If available)
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.: 481330P
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 : SAND KEY PARKING LOT
CONTRACT NO.: 15- 0014 -EN
PROJECT DESCRIPTION: Construct Parking Lot; to included Clearing, Grading, Import Fill, Geo-
Block pavers, construct Curbs, and install Sod.
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 $ 121,220.00 , 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 26, 2015 , between Contractor and Owner for construction
of Sand Key Parking Lot , 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.: 481330P
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 15th day of
October , 20_15.
(If Corporation, Secretary only will attest and affix seal).
WITNESS:
Corporate Secretary or
Print Name: / '
fitness
(affix corporate seal)
(Power of Attorney must be attached)
KEYST �,� EXCAVATORS , INC.
By:
Title: I e President
Print Name: Jeff Truxton
WITNESS:
Print Name: Kiiru&s 1 ke SAh e,$
DEVELOPERS SURETY & INDEMNIT
B
ATTORNEY -IN FACT`
Print Name: Warren M. Shrui1; :j,ir. . ,
(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 Attorneys) -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 acts of said Attorneys) -in -Fact, pursuant to these presents, are
hereby ratified and confirmed.
This Power ofAttomey Is granted and is signed by facsimile under and by authority of the following 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 them 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 November 21, 2013.
fvlark 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. Lansdon
Name(s) of Signer(s)
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AWN. �`" "'` ANTONIO ALVARADO
COMM. # 2033556
i. �. NOTARY PUBLIC` CALIFORNIA
S;r ORANGE COUNTY
'' "' My oomm. enpkes Aug. 9, 2017
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
• capacity(ies), and that by his/her /their 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 Califomia 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
rerna osirrfutl orde 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
lotus as of the-date of this Certificate.
This. Certificate isexecuted in the City of Irvine, Califomia, this/3 day of �G p
By
Cassie J. Berrrisfor
ID- 1438(Rev.11/13)
ssistant Secretary