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PROPOSAL - LAKEVIEW ROAD DRAINAGE IMPROVEMENTS SALLY LANE CUL DE SAC RECONSTRUCTIONKEYSTONE EXCAVATORS, INC. 371 Scarlet Blvd Oldsmar, FL 34677 Phone 813-854-2342 CUC 056698 FPSCV 725207000196 Fax 813-854-2993 June 29, 2022 To: David Ojeda, Sr. Engineering Specialist City of Clearwater 100 S. Myrtle Ave., Suite 200 Clearwater, FL 33756 RE: LAKEVIEW ROAD DRAINAGE IMPROVEMENTS SALLY LANE CUL — DE — SAC RECONSTRUCTION As requested, enclosed is the CM @ Risk proposal for construction/demolition of Sally Lane Cul -de -Sac Reconstruction & Lakeview Road Drainage Improvements submitted in accordance with the attached line -item work, etc., for a Guaranteed Maximum Price of $323,567.40. Scope of Work: 699 Lakeview Rd Drainage Improvements consisting of demolition and reconstruction of concrete curb, sidewalk, driveway apron and milling/resurfacing of existing asphalt. Demolition and replacement of failed base and asphalt adjacent to six curb inlets located along Lakeview Rd. 610 Sally Lane (Cul -De -Sac) Improvements consisting of demolition and reconstruction of concrete curb and associated drainage materials, driveway aprons, sidewalk and road base and asphalt. Cost includes mobilization, MOT, erosion control, removal of construction debris, final grading, and restoration of all disturbed areas. Cost Detail: Description Amount Cost of Work $ 270,407.50 Subtotal $ 270,407.50 Contingency _12_% $ 32,448.90 General Conditions - Bond $ 6,036.00 Construction Management Fee $ 14,675.00 Guaranteed Maximum Price $ 323,567.40 Project Duration shall be 180 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. Code: ENST180001-CONS-CNSTRC $207,083.14 ENRD 18004-CONS-CNSTRC $116,484.26 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. KEY � ONE EXCAVATORS, INC. B Robert C. Fornwalt President Date CITY OF CLEARWATER, FLORIDA Approved as to form: Attest: Owen Kohler Assistant City Attorney Counxersigned: rank V. Hibbard Mayor C/1 Q/ai Date Rosemarie Call City Clerk Jon P. Jennings City Manager lveilia,.., i'1 Zozi Date Bond No.: 41 It- 2360.29 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 1771 Cowan Ave., Suite 200 Irvine, CA 92614 (727) 781-9797 OWNER City of Clearwater Engineering Department 100 S. Myrtle Avenue, Ste 200 Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: Lakeview Rd Drainage Improvements & Sally Lane Cul -de -Sac Reconstruction PROJECT DESCRIPTION Lakeview Rd Drainage Improvements consisting of concrete curb and gutter, milling and resurfacing of existing roadway. Sally Lane is a complete demolition/reconstruction of a cul-de-sac. 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 $323,567.40, 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 June 29, 2022_, between Contractor and Owner for construction of Lakeview Rd & Sally Lane, 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.: 4l K- 2340.29 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). WI ESS: _ d/ji2��I� ,fl d, . / Co porate Secretary or Witness Print Name: Jamie K. Fornwalt „v tzt v$ KEYSTONE EXCAVATORS, INC. By: Title: President Print Name: Robert C. Fornwalt WITNESS: Print Name: The Ohio s alty Insuradc ATTORNEY -IN -FA Print Name: Warren M. Shrum;., (affix corporate seal) (Power of Attorney must be attached) 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 Certificate No: 8205276-975068 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 qty of Palm Harbor state of FL exec each individually if there be more than one named, is true and lawful attomey-in-fact to make, ;; , : 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 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 r of Attomey has been subscrbed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed ril , 2021 . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company &tate CountyofMd G• ERY On this 14th day of April , 2021 before me personaly 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 subscrbed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. David M. Carey, Assistant Secretary Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2025 Commission number 1128044 Member. Pennsylvania Assocabon of Notaries By: eresa Pastella, Notary 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 Ill—OFFICERS: Section 12. PawerofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chaiman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-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 attomeys-n-fact, 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 th 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 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 attomeys-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 binking 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, and deliver as suretyanyand all undertakings, bonds, obligations, m9 recognizances and other surety 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 attomey 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 affaed. 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 is a full, true and correct copy of the Power of Attorney executed by said Companies, is n full force and effect and has not been revoked. ;44t* IN TESTIMONY WHEREOF, I have hereunto set id Companies this day of LMS -12873 LMIC OCIC WAIC Multi Co 02121 e'4.7(C.1•444/*•-,. Renee C. Llewellyn, Assistant Secretary .2 Qro c 7.7 QUI 0 co 0 0.1 <0 0ar0 30D Cl. o c� d N �re u_ a. City of Clearwater CM @ Risk Sally Lane and Lakeview Road - BID TAB (COMBINED) Mobilization 2 LS $ 5,700.00 $ 11,400.00 MOT 1 LS $ 13,250.00 $ 13,250.00 699 LAKEVIEW ROAD Erosion Control 1 LS $ 800.00 $ 800.00 Survey and Layout 1 LS $ 3,450.00 $ 3,450.00 Clearing and Grubbing 1 LS $ 3,850.00 $ 3,850.00 5' Wide Sidewalk, 6" Thickness 850 SF $ 11.50 $ 9,775.00 F Curb 60 LF $ 65.00 $ 3,900.00 Miami Curb 110 LF $ 65.00 $ 7,150.00 Mill Existing Road 3500 SF $ 3.75 $ 13,125.00 Pave 2" Thickness - SP 12.5 Asphalt 3500 SF $ 8.75 $ 30,625.00 Restripe Pavement (Thermo - White Skip and Double Yellow Centerline Only) 1 LS $ 4,500.00 $ 4,500.00 SOD Restoration 1 LS $ 1,850.00 $ 1,850.00 610 SALLY LANE Survey and Layout 1 LS $ 3,450.00 $ 3,450.00 Demo and Remove Existing Storm Pipe 50 LF $ 10.00 $ 500.00 Demo and Remove Existing Storm Inlet 1 EA $ 550.00 $ 550.00 Demo Existing Sidewalks 1260 SF $ 1.50 $ 1,890.00 Demo Existing Asphalt and Base 6200 SF $ 1.50 $ 9,300.00 Overexcavate to lower cul-de-sac Crown 350 CY $ 27.00 $ 9,450.00 Sawcut Existing Driveways 60 LF $ 2.00 $ 120.00 Demo Existing Curb 315 SF $ 5.00 $ 1,575.00 10" Thickness Crushed Concrete Base 6200 LF $ 3.90 $ 24,180.00 F Curb 315 LF $ 65.00 $ 20,475.00 4' wide , 6" Thick Concrete Sidewalk 1260 SF $ 11.00 $ 13,860.00 1.5" Thickness SP 9.5 Asphalt 6200 SF $ 4.35 $ 26,970.00 Driveway Apron Apshalt Repair 3 EA $ 1,250.00 $ 3,750.00 Sod Repair 1575 SF $ 1.50 $ 2,362.50 Geotechnical Testing 1 LS $ 1,500.00 $ 1,500.00 LAKEVIEW ROAD INLET ASPHALT REPAIR Inlet Asphalt Repair 6 EA $ 7,800.00 $ 46,800.00 Bond 1 LS $ 6,036.00 $ 6,036.00 Construction Management Fee 1 LS $ 14,675.00 $ 14,675.00 Contingency 1 LS $ 32,448.90 $ 32,448.90 PROJECT TOTAL $ 323,567.40