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PUBLIC WORK PERFORMANCE AND PAYMENT BOND FRONT PAGEI #: 2016279605 BK: 19337 PG: 2436, 09/12/2016 at 02:36 PM, RECORDING 4 PAGES ,,$35.59 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDU10 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.: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO.: SURETY COMPANY: SURETY COMPANY ADDRESS: SURETY COMPANY PHONE NO.: 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) 481811P Keystone Excavators, Inc. 371 Scarlet Blvd., Oldsmar, FL 34677 (813) 854-2342 Developers Surety and Indemnity Company 17771 Cowan Ave., Suite 100, Irvine, CA 92614 (727) 822 -5610 The Shrum Agency 2227 Pinnacle Circle North, Palm Harbor, FL 34684 (727) 781 -9797 City of Clearwater 100 S. Myrtle Ave., Clearwater, FL 33756 (727) 562 -4747 $ 243,977.80 Park Place Blvd Roadway Repairs City of Clearwater, Florida All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre - printed thereon. PINELLAS COUNTY FL OFF. REC. BK 19337 PG 2437 Bond No. :481811P 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 SURETY Keystone Excavators, Inc. 371 Scarlet Blvd Oldsmar, FL 34677 813- 854 -2342 Developers Surety & Indemnity Co 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: Park Place Blvd Roadway Repairs PROJECT NO.: TBD PROJECT DESCRIPTION: Brick Paver Replacement and Roadway Repairs BY THIS BOND, We, Keystone Excavators, Inc., as Contractor, and Developers Surety & Indemnity Company, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $243,977.80, 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 11, 2016, between Contractor and Owner for construction of Park Place Blvd Roadway Repairs , 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 PINELLAS COUNTY FL OFF. REC. BK 19337 PG 2438 Bond No.: 481811P 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 fiill 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 6th day of September ,2016. (Ifsole Ownership or Partnership, two (2) Witnesses required). (IfCorporation, Secretary only will attest and af, x seal). WITNESS: Corporate Secretary or Wjiness Print Name:., 4S% /.D 4.X4,IS 1 ct*xate, Q 1) -'' `. a : •„ ._ Keystone Excavators, Inc. ..y ._a Title: President r.. ;0'. -;)1,-71! 0 . Print Name: Robert C. Fora' j It ti•.:r `\ WITNES: Developers S ty and Indemnity Co By. .51110.. '1, ATTORNEY IN -FAC Print Name: Warren M. Shixim;'•47,.,;i • • .. ''4brH+,n n+�5d555 +• (affix corporate seal) PINELLAS COUNTY FL OFF. REC. BK 19337 PG 2439 POWER OF ATTORNEY FOR DEVELOPERS SURETYAND 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.* asks bue and lawful Attomey(s).in•Fad, to make, execute, deliver and acknowledge, for and on behalf of said corporation, ae surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-infad 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 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 following resolution adopted by the Board of Directors of DEVELOPERS SURETYAND 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 ixearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future Mil respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY has caused these presents to be signed by Its officers and attested by Its Secretary orAssistant Secretary this December.1; 2014. Dagiel Voting, Senlbr.Vioe- Piealilent -0 • py',IAerk J. Lansdon, Ytce•Pres4en( l�tajedfCaliforda•• Cou'ntypf Orange On December1 ;2014 ' Date' personalty appeared before me, Lucile Raymond, Notary Public Here Insert Name and Title of the Officer Daniel Young and Mark J. Lansdon Name(s) of Signer(s) LUCILLE RAYMOND Commission # 2051915 Notary Public • California Orange County Comm. fx�Iris Oct 19`2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized apacity(les), and that by Ns/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(e) 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. e ` /) - Signature ca e:(24 /JG 6k/744 a Raymond, Notary Public `rrr,r„rrrrrrr�ir CERTIFICATE i `s �. ; The`uridersPgge?tga Secretary orAssistent Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney ?enlelna In f(it)arie a)td Pee po(tseen revoked and, furthermore, that the provisiorf of the resolution of the Board of Directors of said corporation set forth In the Power of Attorney are in faceds of the debiofthI Certik • ;• . ThJwCsafiate Is executed In the City of Irvine, California, this 6th day of September , 2018 . e presto J.,,,, ,¢/iaeicteii(Secrelary v ID 1438(Rev.12/14).' ;;,;,••• STATE OF FLORIUA•PINELLASt ( iUNTV t nerebvi certify rhat the foregoing isatrue 4.1.iy tits reecroed in the official records of I 1 nib I hrSl , 20 BUR lark of Q`ircuitbourt 8 Comptroller OeontvClerk