LONG CENTER SITE IMPROVEMENTS - PARKING LOT RESURFACING - RFQ 40-20KEYSTONE EXCAVATORS, INC.
371 Scarlet Blvd
Oldsmar, FL 34677
Phone 813-854-2342
CUC 056698
FPSCV 725207000196
Fax 813-854-2993
CM@Risk Contract for Long Center Site Improvements - Parking Lot Asphalt Resurfacing
Date April 28, 2021
TO: Leroy Chin, Park, Planning & Project Manager
City of Clearwater — Parks & Recreation Department
100 S. Myrtle Ave., Suite 120
Clearwater, FL 33756
RE: Long Center Site Improvements — Parking Lot Asphalt Resurfacing
City of Clearwater Parks & Recreation Department Project
As requested, enclosed is the proposal for construction of the Long Center Site Improvements
— Parking Lot Asphalt Resurfacing Project, submitted in accordance with
specs/plans/study/clarifications of this letter/attached line item work, etc., for a Guaranteed
Maximum Price of $491,519.16.
Scope of Work:
Improvements to site consisting of: removal and reinstallation of wheel stops & concrete
curbing, milling and resurfacing of existing parking lots and drive lanes, installation of speed
tables, restriping parking lots and drive lanes to match existing striping layout, and removal and
reinstallation of select signage on site.
Cost Detail: Cost Detail:
Description
Amount
Cost of Work
$446,835.60
Contingency 10%
$ 44,683.56
Guaranteed Maximum Price
$491,519.16
Project Duration shall be 30 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
September 23, 2020, based on RFQ #40-20.
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.
Approved as to form:
Owen Kohler,
Assistant City Attorney
Counterigned:
KEYS ,ONE EXCAVATORS, INC.
By:
Robert C. Fornwalt, President
Date
11•
CITY OF CLEARWATER, FLORIDA
Attest:
Rosemarie Call,
City Clerk
nk V. Hibbard,
Mayor
(p I gi.,),01-1
Date
bo.a4A4-
William B. Horne II,
City Manager
0 1 il.)-0)-1
Date
Bond No.: 41 K 2352341 -
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: Long Center Site Improvements — Parking Lot Asphalt Resurfacing
PROJECT NO.: TBD
PROJECT DESCRIPTION: Improvements to site consisting of: removal and reinstallation of wheel stops &
concrete curbing, milling and resurfacing of existing parking lots and drive lanes, installation of speed tables,
restriping parking lots and drive lanes to match existing striping layout, and removal and reinstallation of select
signage on site.
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 $491,519.16, 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 April 26, 2021_, between Contractor and Owner for construction of Long Center
Site Improvements — Parking Lot Asphalt Resurfacing, 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.: 41K235234
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).
WITNESS:
Corporate Secretary or Witness
Print Name: j kARE4, E pL
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(Power of Attorney must be attached)
KEYSTONE EXCAVATORS, INC.
By:
Title: President
Print Name: Robert Fornwalt
WITNESS:
Print Name:
Jt4, c :Hay
The Ohio Casualty Insurance Company
By:
ATTORNEY- -FACT
nt,N ip f„ e11n Hall
Liberty
Mutual.
SURETY
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 Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8205565-988653
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, Angelica
Roman; Jacqueline M. Torres; Jazmarie Sanchez; Kelly M. Hall; Nancy P. Gaitan; Peder J. Fjare; Stephen A. Murray; Tammy Wheeler; Tina M. Haase; Todd Buetcher
all of the city of Saint Petersburg state of FL each individually if there be more than one named, its true and lawful attorney-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and al 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 WITNESS WHEREOF, 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
thereto this l Oth day of May , 2021 .
State of PENNSYLVANIA
County of MONTGOMERY ss
On this 10th day of May , 2021 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, 1 have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
By:
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
David M. Carey, Assistant Secretary
Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Notary Pudic
Montgomery Cant'
My oomntisssion expires March 28, 2025
Commission number 1126044
Member, Pennsylvania Association of Notaries
By:
eresa Pffitlla Notary Public
Pastella, Public
This Power of Attomey 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 Attomey.
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 -fad, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and al undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fad, subject to the limitations set forth in their respective powers of attomey, 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 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
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 XIII — 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 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 at undertakings
bonds, recognizances and other surety obligations. Such attomeys-in-fad 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 attomeys-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 Companys 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 Attomey 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 ►bi(
LMS -12873 LMIC OCIC WAIC Multi Co 02/21
day of� e)0„1)
By:
Renee C. Llewellyn, Assistant Secretary
I#: 2021156420 BK: 21530 PG: 925, 05/11/2021 at 10:18 AM, RECORDING 3 PAGES
Olz7_00 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY
D)1PUTY CLERK: c1k104050
Bond No.:41 R 23523'/
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: Long Center Site Improvements — Parking Lot Asphalt Resurfacing
PROJECT NO.: TBD
PROJECT DESCRIPTION: Improvements to site consisting of: removal and reinstallation of wheel stops &
concrete curbing, milling and resurfacing of existing parking lots and drive lanes, installation of speed tables,
restriping parking lots and drive lanes to match existing striping layout, and removal and reinstallation of select
signage on site.
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 $491,519.16, 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 April 26, 2021_, between Contractor and Owner for construction of Long Center
Site Improvements — Parking Lot Asphalt Resurfacing, 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
PINELLAS COUNTY FL OFF. REC. BK 21530 PG 926
Bond No.: 41K235234
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 WAF,REOF, 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).
WITNESS:
Corporate Secretary or Witness
Print Name: $& Ruta G.P144,44
(affix corporate seal)
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(Power ofAttorney must be attached)
KEYSTONE EXCAVATORS. INC.
By:
t
Title: President
Print Name: Robert Fornwalt
The Ohio Casualty Insurance Company
By:
ATT'() ftNEY-IN- ACT
PINELLAS COUNTY FL OFF. REC. BK 21530 PG 927
Liberty
Mutual.
SURETY
.iUN t''!
is a true
ecords of
tee S _ t..4:
Thls Power of Attomey limits the acts of those named herein, and they have i� io
bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
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 caled the 'Companies", pursuant to and by authority herein set forth, does hereby name, constitute end appoint, Angelica
Roman; Jacqueline M. Torres; Jazmarie Sanchez; Kelly M. Hall; Nancy P. Gaitan; Peder J. Fjare; Stephen A. Murray; Tammy Wheeler; Tina M. Haase; Todd Buetcher
0
C 4; of a ar:ptro!ler
Certificate No: 8205565-988653
el of the My of Saint Petersburg state of FL each individually If there be more than one named, its true and lawful attamey-in-fact 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, reeogrdzanees 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 WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed
thereto this tOth day of May , 2021 .
State of PENNSYLVANIA
County of MONTGOMERY ss
On this 10th day c May , 2021 before me personally appeared David lo Carey, who acoiowledged 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 oldie 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.
By:
David M. Carey, Assistant Secretary
Liberty Mutual Insurance Company
The Ohb Casualty Insurance Company
West American Insurance Company
Commaiwaanh of Pennsylvania - Notary Seal
Teresa Paster,, Notary Put*
Mantgomery
My oammissIon expires Match 28. 2025
ConsMsalan number 1128044
Member. PemsOvarda Asa:aft et *lades
By:
ipiAte,) idez,
eresa Pastela, Notary Public
This Power of Attorney is made and executed pursuant iD and by authority of the following By4aws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full farce and effed reading as follows:
ARTICLE IV — 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 end deliver as surety
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
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
inti meths 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 atomey-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 a authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any ofcer 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 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 al 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.
Cer88eate of Designation — The President of the Company, ading pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fad 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 oopy of any parer of attorney issued by the Company In connection with surety bonds, shall be valid and binding upon the Company with
the same face 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 pawer 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.
9t TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this j0n day of ►h k ,,;td,2 � .
LMS -12873 LMIC OCIC WAIC Multi Co 0201
'417‘14414.4r--''
By:
Renee C. Llewellyn, Assistant Secretary