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ISLAND ESTATES BRIDGE REPAIR PROPOSAL REVISEDB BILTMORE C O N S T R U C T I O N August 28, 2013 Mr. Roger Johnson City of Clearwater Engineering Department P.O. Box 4748 Clearwater, FL 33758 -4748 Re: Island Estates Bridge Repair Proposal Revised Dear Mr. Johnson: As per your request, subject to the Clarifications and Qualifications listed herein, the total cost to provide the repair work to the existing bridges as outlined below is as follows: DESCRIPTION AMOUNT Cost of Work: Bridge 15501— Island Way North Bound 28,320.75 Bridge 15502 — Island Way South Bound 20,034.50 Bridge 15517 — Windward Passage West 19,999.50 Bridge 15518 — Windward Passage East 29,828.25 Bridge 15519 — Windward Passage Center 33,735.50 Subtotal Cost of Work 131,918.50 General Conditions /Supervision /Insurance $ 24,979.63 CM Fee $ 8,000.00 Contingency $ 8,244.91 Total Proposal $ 173,143.04 Clarifications and Qualifications Owner and Construction Manager / Contractor agree notwithstanding any other covenant that, due to the special nature of this project, the Construction Manager / Contractor undertakes this work subject to the following special conditions, terms, and understandings: 1055 Ponce de Leon Boulevard Belleair, Florida 33756 • 727 - 585 -2084 • Fax 727 - 585 -2088 J. Parker to R. Johnson August 28, 2013 Page 2 of 5 Scope of Work Provide all materials and labor required to perform the following work as outlined in KCA Inspection Reports dated 1/25/13 and 8/23/12. All work and materials to meet FDOT Standard specifications. Item # Decription of Work 1001 Mobilization 1002 Bare Concrete Deck (50% of Deck) 1003 Pourable Expansion Joints 1004 Concrete Open Girders 1005 Concrete Abutments (4 Corners) 1006 Concrete Deck Overlay 155502- Based off report from 1/25/13 Item # Decription of Work 1001 Mobilization 1002 Bare Concrete Deck (20% of Deck) 1003 Pourable Expansion Joints 1004 Concrete Open Girders 1005 Concrete Abutments (4 Corners) 1006 Concrete Deck Overlay 155517 -Based off report from 8/23/12 Item # Decription of Work 1001 Mobilization 1002 Bare Concrete Deck (50% of Deck) 1003 Deck Underside Spalls 1004 Concrete Abutments (NW Corner) 1001 Concrete Deck Overlay 155518 -Based off report from 8/23/12 Item # Decription of Work 1001 Mobilization 1002 Bare Concrete Deck 1003 Pourable Expansion Joints 1005 Concrete Abutments (Both Caps) 1001 Concrete Deck Overlay J. Parker to R. Johnson August 28, 2013 Page 3 of 5 Item # Decription of Work 1001 Mobilization 1002 Bare Concrete Deck 1003 Deck Underside SpaIls 1003 Pourable Expansion Joints 1005 Concrete Abutments (Both Caps) 1001 Concrete Deck Overlay 1) Time of performance — Construction Manager will endeavor to Substantially Complete the Scope of the Work in One Hundred Fifty calendar days (150) from the receipt of the Notice to Proceed and all required permits. Final completion will be thirty (30) calendar days after Substantial Completion. 2) No liquidated damages are in effect for this project. 3) Subcontractor pricing was obtained prior to this GMP being issued. It is BCC's assumption that the bid requirements outlined in Section 3.6 of The CM Contract will be waived by The City. 4) No permit fees are included as this is a City of Clearwater project. 5) No SWFWMD permitting is anticipated or included as the work is considered maintenance /repair of existing. 6) The Construction Manager shall observe the Owner's guidelines for project security at all times. No watchman service is included in this Proposal. 7) Due to the nature of this work, Builders Risk /property insurance cannot be provided. 8) Use of contingency funds must be approved in writing by The City's project manager or appointed representative. 9) No temporary trailer facilities are anticipated or included. 10) Testing and surveying services are not included unless included above. J. Parker to R. Johnson August 28, 2013 Page 4 of 5 11) The City reserves the right to accept and /or reject subcontractors. 12) Warranties and Guarantees: Biltmore Construction Co., Inc. to the Owner Biltmore Construction Co., Inc. warrants to the Owner that the materials and workmanship furnished under this Contract will be of good quality and new unless otherwise required or permitted by the Construction /Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Construction /Contract Documents. Work not conforming to these requirements, may be considered defective. Biltmore Construction Co., Inc.'s warranty excludes remedy for damage or defect caused by insufficient maintenance, improper operation, acts of god /nature, vandalism or normal wear and tear under normal usage. The term and duration of this express warranty is one (1) year from the Date of Substantial Completion. The provisions herein shall not prevent the Owner from proceeding directly against the manufacturer and /or installer for such longer period of time as allowed by state statute. Installer / Subcontractor Warranties and Guarantees The Subcontractor shall warrant to the Owner and to Biltmore Construction Co., Inc. that all workmanship and materials are free from defects in installation. The express warranty /guarantee shall be consistent with the durations stipulated in the Construction /Contract Documents, customarily one (1) year from the Date of Substantial Completion. Notwithstanding anything to the contrary, neither Biltmore Construction Co., Inc., nor its surety, nor the Subcontractor shall have any joint /several liability relating to, nor shall they be obligated to underwrite, or in any way become guarantor(s) of any manufacturer's warranty /guaranty or product to the Owner. The Owner shall be provided with the "standard" manufacturer's warranty, and it shall satisfy the requirements under the Construction /Contract Documents relating thereto. Manufacturer's Express Warranties / Guarantees Biltmore Construction Co., Inc. shall collect and transmit to the Owner any and all standard manufacturer's warranties and standard manufacturer's guarantees specified in the Construction /Contract Documents. The obligation and liability of Biltmore Construction Co., Inc. and /or its surety is limited to the collection and proper transmittal of these warranties and guarantees to the Owner. J. Parker to R. Johnson August 28, 2013 Page 5 of 5 Existing Warranty /Guarantee: Notification to any previous or existing guarantor to maintain any pre- existing warranty is not included. 13) This proposal is based upon the performance under the existing Continuing Area Contract for The City of Clearwater dated June 17, 2013. 14) Notwithstanding anything to the contrary, the Owner specifically acknowledges and agrees that the Construction Manager (Contractor) operates on a pay- when -paid basis with its subcontractors, and nothing contained herein or elsewhere shall be interpreted to require the Construction Manager and /or its Surety to remit any payment (including final payment) to subcontractors prior to the receipt of payment (including final) from the Owner. Countersigned: e00 tilt AC,kKt,0s George N. tekos Mayor Camilo A. Soto Assistant City Attorney Biltmore Construction Co., Inc. Jeff Park Vice Pr CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: ;1_1L. Rosemarie Call City Clerk 1 THIS IS THE FRONT PAGE OF THE PERFORMANCE /PAYMENT BOND ISSUED IN COMPLIANCE WITH FLORIDA STATUTE CHAPTER 255.05, Public Work Bond Number: Contractor Name: Contractor Address: Contractor Phone Number: Surety Company: Surety Address: Surety Phone Number: Owner Name: Owner Address: Owner Phone Number: Obligee Name: (if contracting entity is different from the owner, the contracting public entity) Obligee Address: Obligee Phone Number: Contract: Project Description: Project Address: Legal Description of Property: 82327564 Biltmore Construction Co., Inc. 1055 Ponce de Leon Blvd., Belleair, FL 33756 (727) 585 -2084 Federal Insurance Company 15 Mountain View Road, Warren, New Jersey 07059 (908)- 903 -5150 City of Clearwater, Florida c/o Engineering Group 100 S. Myrtle Ave, 2' Floor Clearwater, FL 33756 (727) 562-4782 N/A N/A N/A City of Clearwater Continuing Contract dated June 17, 2013 Purchase Order No. ST109863 dated 09/17/13 2013 Island Estates Bridge Rehabilitation 361 Windward Passage, Clearwater, FL FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page numbers(s) that may be pre - printed thereon. PUBLIC CONSTRUCTION BOND Bond No. 82327564 BY THIS BOND, we, BILTMORE CONSTRUCTION CO., INC., 1055 Ponce de Leon Blvd., Belleair, FL 33756, as Principal and Federal Insurance Company, 15 Mountain View Road, Warren, New Jersey, 07059, a corporation, as Surety, are bound to City of Clearwater, Florida, c/o Engineering Group, 100 S. Myrtle Ave., 2 "a Floor, Clearwater, FL 33756, herein called Owner, in the sum of ($173,143.04) ONE HUNDRED SEVENTY -THREE THOUSAND, ONE HUNDRED FORTY -THREE AND 04/100 DOLLARS 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 Principal: 1. Performs the City of Clearwater Continuing Contract dated June 17, 2013 / Purchase Order No. ST109863 dated September 17, 2013, between Principal and Owner for construction of 2013 Island Estates Bridge Rehabilitation, 361 Windward Passage, Clearwater, FL the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract, and 2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorneys fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. 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. This Bond in all respects shall be deemed a statutory bond and shall be governed by Section 255.05 Florida Statutes, including, but not limited to, the notice and time provisions as set forth in 255.05 (2), Florida Statutes. 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. DATED ON September 24, 2013. BILTMORE CONSTRUCTIO BY: i (SEAL) Jeff Par r. Q Pr FEDERA BY: sident INSURANCE Bruce N. Telander, Attorney- in -Fac (SEAL) State of FLORIDA ss. County of PINELLAS On this -e-y ACKNOWLEDGMENT OF CORPORATION } day of September Jeff Parker , 2013, before me appeared to me personally known, who, being by me duly sworn, did say that (s)he is /are the Vice President of Biltmore Construction Co., Inc. forgoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Jeff Parker acknowledged said instrument to be the free act and deed of said corporation. , a corporation, that the seal affixed to the VAE M. HYDE Notary Public, State of Florida My comm. exp. Feb. 6, 2016 Comm. No. EE149840 State of MINNESOTA otary Pub My commission expires ip ACKNOWLEDGMENT OF CORPORATE SURETY ss. County of HENNEPIN } On this 2461, day of September , 2013, before me appeared Bruce N. Telander to me personally known, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of Federal Insurance Company, a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Bruce N. Telander acknowledged said instrument to be the free act and deed of said corporation. RACHEL THOMAS NOTARY PUBLIC.MINNESOTA My Commission Expires Jan. 31. 2015 Notary Public Ramsey County, MN My commission expires 01/31/15 Chubb Surety aNUBB POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Melinda C. Blodgett Jack Cedarleaf II, Pamela T. Curran, D.R. Dougherty, Sandra M. Doze R. Scott Egginton, R W Frank Linda K. French, Christine M. Hansen, Joshua R. Loftis, Kurt C. Lundblad Nicole lot. Nelson, Brian J. Oestreich, Donald R. Olson, Jerome T. Ouimet Craig H. Remick, John E. Tauer, Bruce N. Telander, Rachel A. Thomas and Lin Ulven of Minneapolis, Minnesota each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 24th day of July, 2013. 0M. 1115.-"d Chloros, Assistant Secretary STATE OF NEW JERSEY ss. County of Somerset 0131tA, Norris, Jr. Vice 8.N bent On this 24th day of July, 2013 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly swom, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by Tike authority; and that she is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attomey is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By Laws and in deponent's presence. Notarial Seal KATHERINE 1- ADELAAR NOTARY PUBLIC OF NEW JERSEY No 2316685 Commission hatpins July 16, 2014 CERTIFICATION Extract from the By- Laws 7 ' ERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (11) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this September 24, 2013 Dawn M. Chloros, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903 - 3493 Fax (908) 903 - 3656 e -mail: surety@chubb.com Form 15 -10- 02258- U (Ed. 5- 13) CONSENT BILTM -1 OP ID: KK ,a►`COR °' CERTIFICATE OF LIABILITY INSURANCE DATE 24/2013 ) 09/24/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Fiche B own Div, Pensacola Phone: 850 -432 -7474 1701 West Garden Street Fax: 850 -438 -4678 Pensacola, FL 32502 Alan D. Moore, CPCU PNAAME: Kathy W. King, CIC, AAI Fa wc. No. a a) :850- 470 -2672 1 (A� , No): 601 - 208 -8334 EMAIL ADDRESS: kkingt fbbins.com INSURER(S) AFFORDING COVERAGE NAIC • INSURER A:National Fire Ins of Hartford LIABILITY COMMERCIAL GENERAL LIABILITY INSURED Biltmore Construction Co, Inc. Mrs. Vae Hyde 1055 Ponce de Leon Blvd. Belleair, FL 33756 INSURER B: FCCI Insurance Company 10178 INSURER C : Commerce & Industry, Inc. 01/01/2014 INSURERD: $ 1,000,000 INSURER E : $ 1,000,000 INSURER F : CLAIMS -MADE GES CERTIFICATE NUMBER: • THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE I SRSyyvo POLICY NUMBER (MMADD ) (MM POLICY LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 4034571222 01/01/2013 01/01/2014 EACH OCCURRENCE $ 1,000,000 PRDREM SES Ea OccTUrrence) $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 15,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [] jEcf Fl LOC PRODUCTS- COMP/OP AGG $ 2,000,000 Emp Bene $ 1,000,000 A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS 4034571236 01/01/2013 01/01/2014 (Ea eBINEeDD INGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) I $ PROPERTY DAMAGE (Per accident) $ $ c X UMBRELLA LIAB EXCESS MB X OCCUR CLAIMS -MADE 8E045713613 01/01/2013 01/01/2014 EACH OCCURRENCE $ 20,000,000 AGGREGATE $ 20,000,000 OED I X I RETENT ON $ 10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y IN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 001WC13A35641 01/01/2013 01/01/2014 X I WC STATU- I 1OTH- TORY 1 IMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (Attach ACORD 101, Additional Ramada Schedule If more apace Is required) Re: BCC4029 City of Clearwater Purchase Order ST109863 - 2013 Island Estates Bridge Rehabilitation, 361 Windward Passage, Clearwater, EL CERTIFICATE HOLDER CANCELLATION City of Clearwater Engineering Department Kathy Tefft 100 S Myrtle Ave, 2nd Floor Clearwater, FL 33756 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) 0 1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD INSURED'SNAME Biltmore Construction Co, Inc. BILTM-1 - OP ID: KK Certificate Holder, all entities, affiliates, subsidiaries, officers, directors, trustees, agents and employees are Additional Insureds in regard to General Liability, Auto Liability and Umbrella if required by written contract. Waiver of Subrogation applies to General Liability, Auto Liability, Umbrella and Workers Compensation if required by written contract. General Liability coverage is primary and non - contributory if required by written contract. Auto is primary for owned vehicles only. Per Project Aggregate applies to General Liability and Umbrella coverage. Should any of the above policies be cancelled before the expiration date thereof, 30 days written notice will be mailed to the Certificate Holder.