PROPOSAL CM AT RISK DAVID AVE - STORMWATER IMPROVEMENTS - 20-0002-EN KEYSTONE EXCAVATORS, INC.
371 Scarlet Blvd CUC 056698
Oldsmar,FL 34677 FPSCV 725207000196
Phone 813-854-2342 Fax 813-854-2993
CM@Risk Contract for David Avenue
Date February 24, 2020
TO: Ivan Dimitrov,E.I., Project Manager
City of Clearwater—Engineering Department
100 S. Myrtle Ave., Suite 200
Clearwater, FL 33756
RE: David Avenue Property—Stormwater Improvements
City of Clearwater Engineering Department Project 20-0002-EN
As requested, enclosed is the proposal for construction of the David Avenue Property,
submitted in accordance with technical specs/plans/study/clarifications of this letter/attached line
item work, etc., for a Guaranteed Maximum Price of$1,025,378.20.
Scope of Work:
Cleaning, video inspection and full reconstruction of approximately 850 LF of 36" storm pipe,
approximately 1825 LF of 42" storm pipe, and approximately 975 LF of 48" storm pipe by the
installation of a resin impregnated cured in place pipe (RICIPP) lining.
Quantities to be verified in field.
Cost Detail: Cost Detail:
Description Amount
Cost of Work $894,372.00
Contingency 10% $ 89,437.20
Subtotal $983,809.20
General Conditions (or General $41,569.00
Conditions/Supervision/Insurance/Bond)
Construction Management Fee
Guaranteed Maximum Price $1,025,378.20
Project Duration shall be_150_calendar days from the date of the Notice to Proceed.
KEYSTONE EXCAVATORS, INC.
371 Scarlet Blvd CUC 056698
Oldsmar,FL 34677 FPSCV 725207000196
Phone 813-854-2342 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, Engineering Dept.,
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.
Code: ENST 180001-CONS-CNSTRC
KEY ONE EXCAVATORS,INC.
By: FAX
Robert Fornwalt, President
010 002.o
Date
CITY OF CLEARWATER,FLORIDA
AI:ro'-d as to orm: Attest: tti/(4' By j-10-4-t-WA �
V ,,
32,
Owen Kohler, Rosemarie Call, ;4 4`
Assistant City Attorney City Clerk 481.IS1 *\csit
�h
Counte igned:
XL/A//a-SI b3A-4:(AA, 1/49-41
Fr V. Hibbard, William B. Home II,
ayor City Manager
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Date 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.: 41K000398
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, Engineering Department
OWNER ADDRESS: 100 S. Myrtle Ave., Ste 220,Clearwater, FL 33756
OWNER PHONE NO: (727) 562-4750
BOND AMOUNT: $ 1,025,378.20
CONTRACT NO.: (If applicable) 20-0002-EN
DESCRIPTION OF WORK: David Avenue Property-Stormwater
Improvements
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.:41K000398
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 SURETY OWNER
Keystone Excavators,Inc. The Ohio Casualty Insurance City of Clearwater
371 Scarlet Blvd. Company Engineering Department
Oldsmar,FL 34677 17771 Cowan Ave., Suite 200 100 S. Myrtle Avenue, Ste 220
(813)854-2342 Irvine, CA 92614 Clearwater,FL 33756
(727)781-9797 (727)562-4750
PROJECT NAME: David Avenue Property—Stormwater Improvements
PROJECT NO.: 20-0002-EN
PROJECT DESCRIPTION: Cleaning, video inspection and full reconstruction of approximately 850 LF of 36"storm
pipe, approximately 1825 LF of 42"storm pipe, and approximately 975 LF of 48"storm pipe by the installation of a resin
impregnated cured in place pipe(RICIPP)lining. Quantities to be verified in field.
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$1,025,378.20, 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 24, 2020 , between Contractor and Owner for construction of David
Avenue, 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.:41K000398
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 2nd day of March,2020.
(Ifsole Ownership or Partnership, two(2) Witnesses required).
(IfCorporation, Secretary only will attest and affix seal).
KEYSTONE EXCAVATORS,INC.
By:
gar--/t4a,jes.te .
Title: President
Print Name: Robert Fornwalt
NESS: WITNESS:
Corporate Secretary or With*s S Print Name: /14A a �„� �s red.0.10.
Print Name: / - / d-
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ito `.,�°,04000 {,• gi n.
(' ' . °'f.., The Ohio Casualty Insurance Com y
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(affix c'orp {e sec :,,,,,i4a;
(Power ofAttorney must be attached) .. ::, ' .':
This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except In the manner and to the extent herein stated.
� = Liberty
r Liberty Mutual Insurance Company
r► ► Mutual.. The Ohio Casualty Insurance Company Certificate No:8201372-975068
West American Insurance Company
SURETY
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 them be more than one named,its true and lawful attomey-in#act 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
Pers. "'i+y. •
I r.', ' ` .f Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
,/,:y ZI . , 2019 .
'Y; it'.,.J. Liberty Mutual Insurance Company
.' ►Nsu� IySY INs�-ay� *tNSUj. The Ohio Casualty Insurance Company
. r�am bJ`,d1PO1t+r.b�� �c+P o*°O"+r�nm West American Insurance Company >,
912 o c 1919 0 a 1991 n Z
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V) L • :•. •,oNu+E`�a =o', a�a
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W' "" Ute; r' David M.Carey,Assistant Secretary
-o 0 County of M (NONJORP
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0 c On this'• .6& day of June , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o
o 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=H
0> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W
IQ a 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. >•••E a
N N P PAS OO
O L Q*5'.' Pop TFs COMMONWEALTH OF PENNSYLVANIA =f!7
a s { Noll Seel Q tit
4: )• ti or <5 9 Teresa Pasfelle,Notary Public /f� Ltd& 0
C
O Upper Merton Twp.,Montgomery County By: JWr l6
C�6 c, 4r My Commission Expires March 28,2021 N3
ww ` ....- Member,Pennsylvania Association a Names areas PastBlla,Notary Pudic it
to 4
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Gn 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 °y
g. Insurance Company,and West American Insurance Company which resolutions are now in fut force and effect reading as follows: o 0
m ARTICLE IV-OFFICERS:Section 12.Power of Attorney. .§
'
1:3
a! My 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 atkmneys in fed as may be necessary to ad in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety
S any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fad,subject to the limitations set forth in their respective powers of attorney,shall£ci
y
C g have full power to bind the Corporation by their signature and exealtion of any such instruments and to atadh thereto the seal of the Corporation.When so executed,such oQ
Z e= instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the �cm
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. c c�
ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. —
Myo 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,I--v-
shall appoint such attorneys-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 attorney,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,recognizanoss 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 attorney 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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KEYSTONE EXCAVATORS, INC. LETTER of TRANSMITTAL
371 Scarlet Blvd.
OLDSMAR,FLORIDA 34677
DATE--Y2-7V--0 JOB NO.
Phone (813)854-2342
Fax (813)854-2993 ATTENTION 27/,e1l�y
RE: ZM/2p- 6" Z p
TO ept( ..13
5Aco . rpm IP V cc 'ed
Cei=oticzvoicxL .3375 APR 2 2020
Cita of ciearwater
en•ineerin, Ve,artment
WE ARE SENDING YOU the following items:
Copies Date No. Description
-1-441/. _57-ezwi...irert-
,eov6 s P•eo3.6er Zo-2-
THESE ARE TRANSMITTED as checked below:
❑ For Approval ❑ Returned for correction ❑ Please return corrected prints
XFor your use As requested ❑ For bid Due
REMARKS
4 .L7
COPY TO ,P /,?4 SIGNED M2-4L1
file