CLEARWATER BEACH ROUNDABOUT PROJECT 2018 - 18-0031-EN uV
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CER'T'IFICATE OF SUBSTANTIAL COMPLE'T'ION
Projects Clearwater Beach Roundabout Modifications Contract Number- 18-0031-El
Location: Roundabout on t hniriI ater Beach Causewav Blvd &,Mand & t`ot°onado
Contract Date: 08121/2018 Notice to Proceed Date: 10/01/2018
01
Substantial Completion Date: 11/16/2018Warranty Expiration Date: 11/16/2019
The work performed under this Contract has been inspected by authorized representatives of the Owner
and Contractor, 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 junction of the work must
be capable of continuous use.
The Contractor accepts the above Certificate of Sub 4,a tial
Keystone,Excavators, Inc. - Contractor Byt ,� om /
JeffTruxton y ltl:«rizd representative �<ite
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 NJove-mb'er l6� 2018. The responsibility for utilities,
security, and insurance under the Contract Documents sh 11 be as set forth in the Contract Documents.
T�
r�s
City of Clearwater By: - _....................... RA -�?O/
Bennett Elbo Authorized Representative Date
PROJECT ONE YEAR WARRANTY
Contract Section III,
13.5 WARRANTYICORRECTIONPERIOD
If within one year after the date of Substantial Completion or such longer period of time as may be prescribed
by Laws or Regulations or by the terms of any applicable spi^,-irtl tmtw(mic e re(ptired hi-the Contract
Doc•trjt encs or bat;any.vpecilic�proi,isimI of tete Contract Ooctarrtc wt , any lVew4, is lowed to be dela wive,
Contractor shall promptly, without cost to the Owner and in accordance with the Owner's written
instructions; (i) correct such defective Work, or, if it 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 extendedfor
an additional period of erre year after such correction or removal and replacement has been satisfactorily
completed.
Substantial C® ple Torn Data 11/1-6/2018 Warranty Expiration Date: 11/16")0�9 ,
A copy of this signed and execrated document should be provided to the following parties:
Project Owner
Project Contractor
City Construction Office Specialist
Project File
KEYSTONE EXCAVATORS, INC.
CUCO 56698
FPSCV 72520700011996
July 24, 2018
TO: Bennett Elba PTP
City of Clea: water — Engineering Department
100 S. Myr; Ave., Suite 220
Clearwater, L 33756
371 Scarlet Blvd.
Oldsmar, FL 34677
Phone 813-854-2342 Fax 813-854-2993
RE: CLEARW TER BEACH ROUNDABOUT PROJECT 2018 and CITY OF
CLEARWATER LNGINEERING DEPARTMENT PROJECT NUMBER 18 -0031 -EN
As requested, enclosed is the proposal for construction/demolition of the Clearwater Beach
Roundabout Project 2018, submitted in accordance with plans and clarifications of the scope of
work, for a Guaranteed Maximum Price of $ 200,638.84 .
Scope of Work:
Roundabout Modification:
• Remove brick !avers at the circumference of clearwater beach main roundabout.
• Load brick p;.vers onto City trucks to be salvage.
• Demolition of. interior 6" straight curb.
• Demolition of 6" concrete slab.
• Backfill and compact with clean top soil.
• Add 6" thick geo web flexible plastic honeycomb.
New Fence:
• New 4' high bink decorative commercial grade fencing to enhance exiting fence on Coronado
Avenue, Mandalay Avenue and vicinity of roundabout.
Paver crosswalk:
• At Coronado t'..'enue fronting Crabby Bill's restaurant remove vacant brick paver crosswalk and
replace with a,phalt. Demolish concrete median and install landscaped median with sod.
• At Mandalay ^.venue fronting Hooter's restaurant remove vacant brick t;;,vcr crosswalk and
replace with r,,phalt. Demolish concrete median and install landscaped median with sod.
Cost Detail:
Description
Cost of Work
Amount
$ 139,332.53
Subtotal
General Conditions (or Gene lral 44
Conditions/Supervision/insurance/Boi
Construction Management Fee
Contingency 20 %
Guaranteed Maximum Price
$ 139 332.53
$ 11,933.25
$ 13,933.25
$ 33z 439.81
$ 200,638.84
Project Duration shall be 60 ' 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 A =Lit
4 201, based on R 'Q,,#24-1
if GMP Exceeds $250,000: Per Section 111, 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
rives 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, Arttn: Veronica Jose° Senior Staff Assistant, P.D. Box 4748,Clearwater, Florida,
33758-4748. Contingency seruices, maty be billed only after written authorization is provided by
the City to proceed--
roceed with those services.
City Code: ENR.D18DOO4-CONS-CNSTRC
Approved as to form:
Owen Kohler
Assistant City Attorney
Countersigned:
Ce,Ork(AC I. EV IC0 S
George N. Cretekos
Mayor
Gc' ,1J4O Ed
Date
KEYSTONE EXCAVATORS , INC.
Robert C. Fornwalt,
By:
Date
Pre legtA'',
A)
{JJI� 711.--
**.
0
CITY OF CLEARWATER, FLOIIVA """°`"""
Attest:
Rosemarie Call
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.: 483444P
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 N., Palm Harbor, FL 34684
SURETY AGENT PHONE NO.: (727) 781-9797
OWNER NAME: City of Clearwater Engineering Department
OWNER ADDRESS: 100 S. Myrtle Avenue, Clearwater, FL 33756
OWNER PHONE NO: (727) 562-4775
BOND AMOUNT: $ 200,638.84
CONTRACT NO.: (If applicable) Project No: 18 -0031 -EN
DESCRIPTION OF WORK: Clearwater Beach Roundabout Project 2018
PROJECT ADDRESS: City of 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.: 483444P
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 and
Indemnity Company
17771 Cowan Ave, Suite 100
Irvine, CA 92614
(727) 781-9797
OWNER
City of Clearwater
Engineering Department
100 S. Myrtle Avenue
Clearwater, FL 33756
(727) 562-4775
PROJECT NAME: CLEARWATER BEACH ROUNDABOUT PROJECT 2018
PROJECT NO: 18 -0031 -EN
PROJECT DESCRIPTION:
In an effort to enhance traffic and pedestrian safety, modifications will be made to the traffic roundabout on Causeway
Boulevard. The scope is to include: Removal of the decorative pavers on the interior of the roundabout, replacing with
landscaping. Decorative fencing will be installed to provide connectivity with the existing fencing. Removal of the
decorative paver sidewalks on Mandalay Avenue and Coronado Drive which no longer function as designated pedestrian
walkways.
BY THIS BOND, We , Keystone Excavators , as Contractor, and Developers Surety and Indemnity Company , a
corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $200,638.84, 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 July 24, 2018 , between Contractor and Owner for construction of :
Clearwater Beach Roundabout Project 2018 , 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.: 483444P
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 27th day of July, 20 18.
(If Corporation, Secretary only will attest and affix seal).
WITNESS:
Co 'I orate Secretary
Print Name: Jamie K. Fornwalt
wMtYt��p�p
rpo qte s
?l
(Power ofAttorney must be attached)
Keystone Excavators, Inc.
[Contractor]
Title: President
Print Name: Robert C. Fornwalt
WITNESS:
Print Name:
Develo i ers Sure and Ind
[Corporate S
er�Jti> p
41..011,0
•
ORNEY-IN-F t ,
Print Name: Warren M. Shrum, Jr.'
(affix corporate seal)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO Box 19725, IRVINE, CA92623 (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)-intact, 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 AtOomey(s)-intact, 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 SURETY AND
INDEMNITY COMPANY, effective as of January 1st, 2008.
RESOLVED, that a combination of any tiro 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 affaed 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 con .. suretyship to which itis attached.
IN WITS'
DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assisi
ry, 2017.
''''''''''''''.
ii tV r'1'�v A 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.
State of Catfomia
County of Orange
On February 6, 2017
personalty appeared
Date
before me
Lucille Raymond, Notary Public
Here Insert Name and Die oft Cater
Daniel Young and Mark Lansdon
LUCILLE RAYMOND
Commleeian • 2001915
Notary Public - CtMNomq
Orange Counlyr
Comm. Exokes Oct 13 2011
Place Notary Seal Above
Artily thidt
&tbb � Powe.44 �`
a.. Tait is exec
��
AS -404,(02/17)
Neme(s) of Smits)
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/sheNtey 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
1 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
V
1.111/141)11
ond, Public
Lucill§ f Notary
retary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
y remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
Attorney are in force as of the date of this Certificate.
the City of keine, California, this 27th day of
July . 2018 •
( 1936