CM @ RISK PROPOSAL - KINGS HIGHWAY OVER STEVENSONS CREEK RETAINING WALLKEYSTONE EXCAVATORS, INC.
371 Scarlet Blvd
Oldsmar. FL 34677
Phone 813-854-2342
CUC 1225287
FPSCV 725207000196
Fax 813-854-2993
CM @ Risk Proposal
Date 5/23/23
TO: Mr. Philopateer Hanna
City of Clearwater — Engineering Department
100 S. Myrtle Ave., Suite 200
Clearwater, FL 33756
RE: KINGS HIGHWAY OVER STEVENSON'S CREEK RETAINING WALL
City Project No. 21 -0038 -EN
As requested, enclosed is the proposal for construction of a sheet pile retaining wall at
Kings Highway over Stevenson's Creek, submitted in accordance with plans dated
6/21/22 and digitally stamped by Brian E. Walter on 9/7/22, for a Guaranteed Maximum
Price of $435,087.00.
Scope of Work:
Work includes the select demolition of existing sheet pile wall per plan and installation of new
sheet pile wall complete, including concrete pile cap.
Cost Detail:
Description
Amount
Cost of Work
$368,528.00
Subtotal
$368,528.00
General Conditions (or General
Conditions/Supervision/Insurance/Bond)
$8,580.00
Construction Management Fee
$18,426.00
Contingency 10 %
$39,553.00
Guaranteed Maximum Price
$435,087.00
Project Duration shall be _60_ calendar days from the date of the Notice to Proceed.
KEYSTONE EXCAVATORS, INC.
371 Scarlet Blvd
Oldsmar. FL 34677
Phone 813-854-2342
CUC 1225287
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 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 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: ENST180004-CONS-CNSTRC
For work performed, invoices shall be submitted to the City of Clearwater, Public Works
Department Attention: Shawna Blauvelt, 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.
Appr ed as to form:
Owen Kohler
Assistant City Attorney
Countersigned:
Brii Aungst,
Mayor
Date
0/07/23
Keystone Excavators, Inc.
By:
#ton, Vice President
Date
CITY OF CLEARWATER, FLORIDA
Attest:
,
Rosemarie Call
City Clerk
City Manager
Date
Bond No.: 41K236040
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
9721 EXECUTIVE CENTER DR., STE 105
ST. PETERSBURG, FL 33702
727-568-8728
OWNER
City of Clearwater
Engineering Department
100 S. Myrtle Avenue
Clearwater, FL 33756
727-562-4747
PROJECT NAME: KINGS HIGHWAY OVER STEVENSON'S CREEK RETAINING WALL
PROJECT NO.: 21 -0038 -EN
PROJECT DESCRIPTION: Work includes the select demolition of existing sheet pile wall per plan and
installation of new sheet pile wall complete, including concrete pile cap.
BY THIS BOND, We, KEYSTONE EXCAVTORS, 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
$435,087.00, 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 MAY 23, 2023, between Contractor and Owner for construction of, KINGS
HIGHWAY OVER STEVENSON'S CREEK RETAINING WALL, 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.: 41K236040
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 _25th_ day of _May_, 2023_.
(If sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
4 _.,,,,,„.....
C f porate,Secretary or Witness
P int Name. 3 e K. Fornwalt
S k.-1 I 0 . , .'
(affix er'poratesea
(Power of Attorney must be attached)
Keystone Excavators, Inc.
By:
Title: V sident
Print Name: eff Truxton
WITNESS:
Print Name:
THE OHIO
A TORNEY-IN-FAST`
Print Name: _Warren M. Shrum, 46;: -
(affix corporate seal)
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
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, tlhat
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.; Warren M. Shrum, III
Certificate No: 8208239-975MB8
all of the aty of Palm Harbor state of FL each individually if there be more than one named, its true and lawful attomey-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behatf 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 WITNE8S MEOFa,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto til ° t; h C t.cite,` July , 2022 .
' ,'fir • Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
State of PINNSYLNANIA.
County of MOIITt. M ERY 'sit
On this 5th day of July , 2022 before me personal), appeared David M. Carey, who admawfedged 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 behatf 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.
David M. Carey, Assistant Secretary
Co nmcmvealth of Pennsylvania - Notary Seal
Teresa Pasteta, Notary Public
Montgomery County
My commission expires March 28, 2025
Commission number 1126044
Member, Pennsylvania Assoaabkn of Notaries
By:
eresa vxrem. Notary wee
Pastella, 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 oblgations. 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 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 cr authority.
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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 all undertakings
bonds, recognizances and other surety obligations. Such attomeys-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 attomeys-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, reoognizances 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 whigtrifie 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.Pf
IN TESTIMONY WHEREOF, I have hereunto set my hand apif afCgstf 2tvotsaio Companies this 25th day of May , 2023 .
LMS -12873 LMIC OCIC WAIC Mufti Co 02/21
Renee C. Llewellyn, Assistant Secretary
PROPOSAL
From:
Keystone Excavators, Inc.
371 Scarlet Blvd
Oldsmar, FL 34677 USA
Contact: Marcus Epling
Phone: 813-854-2342
Email: Marcus@KeystoneExcavators.com
ITEM / DESCRIPTION
Project:
Description:
Bid Location:
BID QTY U/M
CM @ RISK - KINGS HWY OVER
STEVENSON'S CREEK SHEET PILE
PROJ ECT
Sheet Pile Project
Clearwater
UNIT BID AMOUNT
100
CM FEE
200
CONSTRUCTION BOND
300
CONSTRUCTION COST
400
CONTINGENCY (10%)
1.000 LS
1.000 LS
1.000 LS
1.000 LS
$18,426.00 $18,426.00
$8,580.00 $8,580.00
$368,528.00 $368,528.00
$39,553.00 $39,553.00
TOTAL BID: $435,087.00
Project Comments
Project Notes /Exclusions:
Keystone intends to complete this work in it's entirety under 1 mobilization.
Work does not take into account encountering, rerouting/relocating, or fixing underground utilities.
Bypass pumping and well point dewatering have not been figured.
It is assumed that the existing wall does not have anchors/deadmen, if anchors/deadmen are
PROPOSAL
encountered, there will be additional costs to handle these.
Due to installation technique, installation of sheet pile wall over/through existing 12" DIP is excluded.
Sheet pile wall will begin directly adjacent to the existing pipe support. Closing any gaps is not included.
Vibration monitoring is not included.
All permitting, fees, and testing to be by others.
No sodding, landscaping, or irrigation figured.
Price does not include undercutting of unsuitable soils or subsequent replacement of suitable materials.
No imported soils figured.
No exported soils figured.
Sheet pile materials will be the following:
79 LF of permanent steel sheet pile walls, the permanent sheet pile wall will be AZ 14-770 GR50, or
approved alternate, with Zinc and Coal Tar Epoxy per FDOT Specification 560. Sheet Piles will be
installed in the locations shown on sheet on sheet 6 of 8. Steel sheeting is more cost effective than the
vinyl sheeting called out on the plans.
Anchors will be Chance SS150 helical tiebacks designed to meet or exceed the 12 kip working capacity
outlined in the plans.
Signature:
5�f9fr3
Marcus ' ling - Estimator
Kings HWY Items
100 CM FEE 1 LS $ 18,426.00 $ 18,426.00
200 CONSTRUCTION BOND 1 LS $ 8,580.00 $ 8,580.00
300 CONSTRUCTION. COST 1 LS $ 368,528.00 $ 368,528.00
400 CONTINGENCY (10%) 1 LS $ 39,553.00 $ 39,553.00
TOTAL $ 435,087.00