CM @ RISK CONTRACT FOR COUNTRYSIDE SPORTS COMPLEX PHASE IIKEYSTONE EXCAVATORS, INC.
371 Scarlet Blvd
Oldsmar, FL 34677
Phone 813-854-2342
CUC 056698
FPSCV 725207000196
Fax 813-854-2993
CM@Risk Contract for Countryside Sports Complex Phase 11
Date February 28, 2020
TO: Leroy Chin, Park, Planning & Project Manager
City of Clearwater — Parks & Recreation Department
100 S. Myrtle Ave., Suite 120
Clearwater, FL 33756
RE: Countryside Sports Complex — Phase II
City of Clearwater Parks & Recreation Department Project
As requested, enclosed is the proposal for construction of the Countryside Sports Complex —
Phase II, submitted in accordance with technical specs/plans/study/clarifications of this
letter/attached line item work, etc., for a Guaranteed Maximum Price of $956,158.59.
Scope of Work:
Improvements to site consisting of: selective demolition per plans, installation of utilities (storm
and electric), installation of curbing, asphalt, striping, irrigation, landscaping, fencing, retaining
wall, and lighting.
Cost Detail: Cost Detail:
Description
Amount
Cost of Work
$869,235.08
Contingency 10%
$ 86,923.51
Guaranteed Maximum Price
$956,158.59
Project Duration shall be _90_ 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 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.
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.
oved as to form:
Owen Kohler,
Assistant City Attorney
Countersigned:
—CteMitek0A495
George N. Cretekos,
Mayor
Date
KEYSTONE EXCAVATORS, INC.
By:
Jeff (frlix, Vice President
0,2./.2-8/.zo.Z a
Date `!
CITY OF CLEARWATER, FLORIDA
Attest:
By:
Rosemarie Call,
City Clerk
William B. Horne II,
City Manager
aA-C-A a(li)
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.: 41K000399
CONTRACTOR NAME: Keystone Excavators, Inc.
CONTRACTOR ADDRESS: 371 Scarlet Blvd., Oldsmar, FL 34677
CONTRACTOR PHONE NO.: (813) 854-2342
SURETY COMPANY: The Ohio Casualty Insurance Company
SURETY COMPANY ADDRESS: 17771 Cowan Ave., Suite 200, Irvine, CA 92614
SURETY COMPANY PHONE NO.: (727) 568-8728
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
Parks & Recreation Department
OWNER ADDRESS: 100 S. Myrtle Ave., Ste 220, Clearwater, FL 33756
OWNER PHONE NO: (727) 562-4750
BOND AMOUNT: $ 956,158.59
CONTRACT NO.: (If applicable)
DESCRIPTION OF WORK: Countryside Sports Complex - Phase II
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.: 41M'440.399
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
PROJECT NAME: Countryside Sports Complex
PROJECT NO.: TBD
OWNER
City of Clearwater
Parks & Recreation Department
100 S. Myrtle Avenue, Ste 120
Clearwater, FL 33756
(727) 562-4800
— Phase 11
PROJECT DESCRIPTION: Improvements to site consisting of: selective demolition per plans, installation of
utilities (storm and electric), installation of curbing, asphalt, striping, irrigation, landscaping, fencing, retaining
wall, and lighting.
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 $956,158.59, 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 January 28, 2020_, between Contractor and Owner for construction of Countryside
Sports Complex — Phase II, 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.:41K000399
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 m 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 2nd day of March, 2020.
(If sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
KEYSTONE EXCAVATORS, INC.
WITNESS:
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CorporateSecrreetary oress
Print Name: KArc NcoS .Sgylve'S
By: %0
Title:
President
t Nes,
Print Name: Robert Fornwalt
WITNESS:
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Print Name: Maw p\, ^ 5
(affix corporate seal) The Ohio C ualty Insurance C any
(Power ofAttorney must be attached)
B
ORNEY-IN-FACT
Print Name: `W•l�Vi 6bru , Jr.
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(affix corpor Qseal
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Liberty
Mutual.
SURETY
This Power of Attomey limits the acts of those named herein, and they have no authority to
bind the Company except in the roamer and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company Certificate No: 8201372-975068
West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the °Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Warren M.
Shrum, Jr.
all of the city of Palm Harbor state of FL each individually if there be more than one named, its true and lawful attomey-in4act to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESSWHJ OF; this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
Uieretrldflla rtil dl o1 _ June , 2019 .
By:
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
David M. Carey, Assistant Secretary
On this 6th day of June , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Teresa Pasteila, Notary Public
Upper Merlon Twp., Montgomery County
My Commission Expires March 28, 2021
Member. Pennsylvania Asaooeam or Notaries
By:
eresa Pastella, Notary Public
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE N — OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shat be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE 1011 — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2nd day of March , 2020
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By:
Renee C. Llewellyn, Assistant Secretary