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BRIDGE REPAIR PROJECT - 20-0027-EN - PROPOSAL FOR THE REPAIR OF 14 BRIDGES AND 1 SEAWALLB BILTMORE CONSTRUCTION CO., INC. 09/24/2021 TO: Ivan Dimitrov City of Clearwater — Engineering Department 100 S. Myrtle Ave., Suite 200 Clearwater, FL 33756 RE: City of Clearwater Bridge Repair Project #20 -0027 -EN As requested, enclosed is the proposal for the repair of 14 bridges and 1 seawall submitted in accordance with technical specs/plans/study/clarifications of this letter/attached line item work, etc., for a Guaranteed Maximum Price of ($3,900,259.00). Scope of Work: The intent of this project is to repair and make safe existing bridges at fourteen (14) locations throughout the City of Clearwater and one (1) seawall. The construction documents call for spalling repair, repair of cracks in concrete, coating concrete surfaces, covering existing graffiti, painting previously painted surfaces, sounding and surveying concrete and asphalt, clearing vegetation, removal, and replacement of asphalt topping, guardrail repair, and replacing missing reflector. Cost Detail: Description Amount Cost of Work $3,030,000.00 Subtotal $3,030,000.00 General Conditions (or General Conditions/Supervision/Insurance/Bond) $470,500.00 Pre -construction Services $29,139.00 Construction Management Fee 6% of $3,652,000.00 $219,120.00 Contingency 5% of $3,030,000.00 $151,500.00 Guaranteed Maximum Price $3,900,259.00 Project Duration shall be 395 calendar days from the date of the Notice to Proceed. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered with the City of Clearwater on August 21, 2020, based on RFO #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 B BILTVIORE CONSTRUCTION CO., INC. attached bond form as well as the Power of Attorney. (If GMP is less than $150,000 a bond is not required.) Code: ENRD180002-CONS-CNSTRC For work performed, invoices shall be submitted to the City of Clearwater, Engineering Department, 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. Apprp as to form: Owen Kohler Assistant City Attorney Count- signed: Biltmore By: c on Co. Inc giero ice President 01pita( Date CITY OF CLEARWATER, FLORIDA Attest: By: ICA -4-L/ �2GC Rosemarie Call City Clerk Hibbard Mayor i 01 9)0 /.WJ-1 Date is el Interim City Manager 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 Biltmore Construction Co, Inc. 1055 Ponce De Leon Blvd (727) 585-2084 SURETY Federal Insurance Company 202 B Hall's Mill Road Whitehouse Station, NJ OWNER City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: City of Clearwater Bridge Repair PROJECT NO.: 20 -0027 -EN PROJECT DESCRIPTION: Perform repairs to fourteen (14) bridges and one (1) seawall. BY THIS BOND, We [Biltmore Construction Co., Inc], as Contractor, and [Federal Insurance Company], a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $[3,900,259.00], 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 [September 24,2021], between Contractor and Owner for construction of [City of Clearwater Bridge Repair] , 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). Print IdtitAti orate Secret4y or Witness Print Name: , u—Lt 5p al at vt (affix corporate seal) (Pow f'bfl6rney must be attached) truction C me: Vito DiRuggiero WITNESS: Print Name: [Leave blank for Name of Corporate Surety] By: ATTORNEY-IN-FACT Print Name: (affix corporate seal) CHUBB 100 South 5th Street, Suite 1700, Minneapolis, MN 55402 Phone: (612) 373-7300 Facsimile: (612) 373-7436 September 29, 2021 City of Clearwater Ivan Dimitrov, E.I. Lead Engineering Specialist RE: Biltmore Construction Co., Inc., Belleair, FL Project: City of Clearwater Bridge Repair Estimated Contract Price: $3.9 Million To Whom It May Concern, Biltmore Construction has been a valued surety client of the Federal Insurance Company since 2003. This will confirm that Biltmore Construction Co., Inc. can be bonded for this Project, with a projected construction cost of approximately $3,900,000, subject to mutually acceptable contract terms and conditions, and an appropriate request from Biltmore Construction for the Bonds. Federal Insurance Company is licensed to do business in all states, including the State of Florida, with and A.M. Best Rating of A++ (Superior) and a Financial Size of XV. We are pleased to share with you our favorable experience and high regard for Biltmore Construction Co., Inc. This letter is not an assumption of liability. It should be understood that any arrangements for bonds is strictly a matter between Biltmore Construction Co., Inc. and Federal Insurance Company. We assume no liability to third parties or to you if for any reason we do not execute said bonds. Sincerely, Federal Insurance Company Joshua R. Loftis, Attorney -in -Fact