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REAM WILSON TRAIL BRIDGE REPLACEMENT - PROPOSALKEYSTONE EXCAVATORS, INC. CUCO 56698 FPSCV 72520700011996 Proposal, Date April 14, 2017 Revision # (if needed) TO: Leroy Chin Park , Planning and Project Manager City of Clearwater — Parks and Recreation Department 100 S. Myrtle Avenue Clearwater, FL 33756 371 Scarlet Blvd. Oldsmar, FL 34677 Phone 813 - 854 -2342 Fax 813 - 854 -2993 RE: REAM WILSON TRAIL BRIDGE REPLACEMENT , CITY OF CLEARWATER PARKS and RECREATION DEPT PROJECT As requested, enclosed is the proposal for demolition of existing bridge and construction for the new bridge , submitted in accordance with the project plans, specifications and clarifications of the work,etc., for a Guaranteed Maximum Price of $ 334,34500 Scope of Work: Remove trees for Crane and Heavy Equipment Access, Demolish existing Bridge, Construct new concrete Abutments, assemble and set New Bridge. Cost Detail: Description Amount Cost of Work . $ 264,304 35 Subtotal $ 264,304.35 General Conditions (or General Conditions /Su • ervision/Insurance /Bond) $ 26,43043 Construction Management Fee $ 13,215.22 Contin_enc 10 % $ 30,39500 Guaranteed Maximum Price $ 334,345.00 Project Duration shall be 45 calendar days from the date of the Notice to Proceed. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on August 4, 2016, based on RFO #24 -16. If GMP Exceeds $150,000: 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. (If G1KF is less #hie -$150,000 a bond is not requireL) 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. KEYSTONE EXCAVATORS , INC. By: �� W-S Robert Fornwalt President Date CITY OF CLEARWATER, FLORIDA Approve • as to form: Attest: 1 y� Matth t M. Smi Assistant City Attorney Countersigned: Gteo rw tr t dos George N. Cretekos Mayor Date By: -for Rosemarie all City Clerk William B. Horne II City Manager Date 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.: 482428P 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) 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 Shnun Agency 2227 Pinnacle Circle North, Palm Harbor, FL 34684 (727) 781 -9797 City of Clearwater 100 S. Myrtle Avenue, Clearwater, FL 33756 (727) 562 -4818 $ 334,345.00. Ream Wilson Trail Bridge Replacement 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. Bond No.: 482428P PUBLIC CONSTRUCTION BONI) (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(1Xb), 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 PROJECT : SURETY OWNEIR Developer's Surety and Indemnity Company 1771 Cowan Ave, Suite 100 Irvine CA 92614 (727) 781-9797 City of Clearwater Parks and Recreation Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562 -4818 REAM WILSON TRAIL BRIDGE REPLACEMENT PROJECT NO.: PROJECT DESCRIPTION: Remove trees for Crane and Heavy Equipment Access, Demolish existing Bridge, Construct new concrete Abutments, assemble and set New Bridge. BY THIS BOND, We , Keystone Excavators , as Contractor, and Developer's Surety and Indemnity Company , a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of S 334,345.00 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 April 14,, 2017 , between Contractor and Owner for construction of REAM WILSON TRAIL BRIDGE REPLACEMENT, 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.: 482428P 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 21st day of April , 20 17, (If sole-Ow+ +skip or Pwinership, two (2) -Wit yerriettuiped), (If Corporation, Secretary only will attest and affix seal), WITNESS: C. •orate Secretary or Witness Print Name: ..0-74 tE 'Foa4w,4Lr (affix corporate seal) (Power of Attorney must be attached) By: Title: Keystone Excavators, Inc. ontractor] President Print Name: Robert C. Fornwalt ITNESS :. Print Name: Aktctmez. Developers Surety and Indemnity Company, Corporate Surety] ATTORNEY -IN -FA Print Name: Warren M . Shrum, Jr . (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 exfxessly invited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint: "'Warren M. Shrum Jr. "" as its true and lawful Attomey(s )-in -Fad, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surely, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in -Fact full pow and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said hereby ratified and confirmed. of said corporation lull power of substitution and revocation, and all of the acts of said Attonhey(s)-in fad, pursuant to these presents, are 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 althorn 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 Attomey 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 contrail of suretyship to which it is attached. Secret* this WITNESS WHEREOF,DEVELOPERS SURETYAND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant 6th day of Febwery, 2017. By: Daniel Young, Senior V president Mark Lansdon, Vice- President State of Caifomia County of Orange IA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. On February 6, 2017 personally appeared Date before me, Lucille Raymond, Notary Public He Insert Name and Dee drie Officer Daniel Young and Mark Lansdon Place Notary Seal Above Names) d (s) 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/ heir 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 640114 Lucille fyrfiond, Notary Pudic ` The undersigned,. as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby ct•that the foregoing PONT. dfAttorney remains in full force and has not been revoked and, furthermore, that the provision of the resolutions of the respective Boards of Directors of said corporations set forth in tie Power of Attomey are in force as of the date of this Certificate. This Certificate i;s executed in the City of kvin, California, this 21st day of April ,2017 By :: • Cassie Jford, Assistant ATS =1004 (02/17)