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CM @ RISK CONTRACT FOR VALENCIA PARK TENNIS COURT RECONSTRUCTIONKEYSTONE EXCAVATORS, INC. 371 Scarlet Blvd Oldsmar, FL 34677 Phone 813-854-2342 CUC 056698 FPSCV 725207000196 Fax 813-854-2993 CM@Risk Contract for Valencia Park Tennis Court Reconstruction Date August 5, 2020 TO: Leroy Chin, Park, Planning & Project Manager City of Clearwater — Parks & Recreation Department 100 S. Myrtle Ave., Suite 120 Clearwater, FL 33756 RE: Valencia Park Tennis Court Reconstruction Project City of Clearwater Parks & Recreation Department Project As requested, enclosed is the proposal for construction of the Valencia Park Tennis Court Reconstruction Project, submitted in accordance with technical specs/plans/study/clarifications of this letter/attached line item work, etc., for a Guaranteed Maximum Price of $268,417.05. Scope of Work: Improvements to site consisting of: selective demolition per plans, installation of utilities, installation of ribbon curbing, crushed concrete base, asphalt, tennis court surfacing, irrigation, and landscaping. Cost Detail: Cost Detail: Description Amount Cost of Work $244,015.50 Contingency 10% $ 24,401.55 Guaranteed Maximum Price $268,417.05 Project Duration shall be 60_ calendar days from the date of the Notice to Proceed. KEYSTONE EXCAVATORS, INC. 371 Scarlet Blvd Oldsmar, FL 34677 Phone 813-854-2342 CUC 056698 FPSCV 725207000196 Fax 813-854-2993 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 June 28, 2016, based on RFQ #24-16. This proposal shall extend the term of the Continuing Contract until completion and acceptance of this Project and upon final payment in accordance with the Contract Documents. 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. For work performed, invoices shall be submitted to the City of Clearwater, Parks & Recreation Department, Attn: Leroy Chin; Park, Planning, & Project Manager. 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. KEYST I E EXCAVATORS, INC. Approved as to form: Owen Kohler, Assistant City Attorney Countersigned: ank Hibbard, Mayor oq/oqi2ow Date By: ton, Vice President d8 /c /202.0 Date CITY OF CLEARWATER, FLORIDA Attest: By-UtIfYliaJ.P OAC. Rosemarie Call, City Clerk William B. Horne II, City Manager oa/nq/ww Date 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 The Ohio Casualty Insurance Company 17771 Cowan Ave., Suite 200 Irvine, CA 92614 (727) 781-9797 OWNER City of Clearwater Engineering Department 100 S. Myrtle Avenue, Ste 220 Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: Valencia Park Tennis Court Reconstruction Project PROJECT NO.: TBD PROJECT DESCRIPTION: Improvements to site consisting of: selective demolition per plans, installation of utilities, installation of ribbon curbing, crushed concrete base, asphalt, tennis court surfacing, irrigation, and landscaping. BY THIS BOND, We, Keystone Excavators, Inc. , as Contractor, and The Ohio Casualty Insurance Company, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $268,417.05, 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 5, 2020_, between Contractor and Owner for construction of Valencia Park Tennis Court Reconstruction, 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 sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). Corporate Secretary or itnes0 Print Name'.l /G t G,Ar b"rporate. eal). F.0 rn 4z3 fl. (Power of Attorney must be attached) KEYSTONE EXCAVATORS, INC. By:PI?S. Title: President Print Name: Robert Fornwalt WITNESS: • Print Name: NikaS,ut *Kar The Ohio Casualty Insurance Company By: ATTORNEY-IN-FACT Print Name: Warren M. Shrum, Jr. (affix corporate seal)