HomeMy WebLinkAboutSouthland Construction Inc. Murphy Road Bridge (Gee Creek) PiggyBack Rider 2023 09 19PIGGYBACK RIDER - MURPHY ROAD OVER GEE CREEK
BOX CULVERT REPAIRS
THIS "PIGGYBACK" RIDER AGREEMENT ("Agreement") is made and entered into this 1 7"
day of 4,ilwhier , 2023, between the CITY OF WINTER SPRINGS, a Florida municipal corporation
("City" or Owner") and Southland Construction, Inc., a Florida corporation authorized to transact
business in the State of Florida, with principal offices located at 172 West Fourth Street, Apopka, Florida
32703, ("Contractor"). The City and the Contractor agree as follows:
1. The Purchasing Policies of the City of Winter Springs allow for "piggybacf<ing". Pursuant
to this procedure, the City is allowed to piggyback an existing government contract, and there is no need
to obtain formal or informal quotations, proposals or bids. The parties agree that the Contractor has
entered into a contract with Seminole County, and said contract being identified as: Public Works Minor
Projects Continuing Construction Agreement Construction Costs Not Exceeding $2 000 000 (CC-3563-
11 RTB) (said original contract being referred to as the "Original Government Contract"),
2. The Original Government Contract, including all associated Addenda, Appendices,
Exhibits and Attachments, including Contractor's Bid Submittal, as included in the Original Government
Contract, is incorporated herein by reference and is attached as Exhibit "1" to this Agreement. All of the
terms and conditions set forth in the Original Government Contract (Exhibit "1") are fully binding on the
parties and said terms and conditions are incorporated herein except to the extent expressly modified
herein.
3. Notwithstanding the requirements that the Original Government Contract is fully binding
on the parties, the parties have agreed to modify certain provisions of the Original Government Contract
as applied to this Agreement between the Contractor and the City of Winter Springs, as follows:
A) Notwithstanding anything in Exhibit "1" to the contrary, the following terms shall be
substituted throughout the Original Government Contract: Seminole County = City of Winter Springs;
Seminole County Code = City of Winter Springs Code. Further, references to specifically identified
Seminole County Codes, policies and procedures shall refer to similar and substantively equivalent Winter
Springs Codes, policies and procedures, if any.
B) Pursuant to Section 1 of the Original Government Contract, the City and Contractor agree
that the scope of services to be performed by Contractor under this Agreement is identified in Ext 2
(Murphy Road over Gee Creek Box Culvert Repair Quote), and Exhibit 2 shall each constitute a Work Order.
Regarding the schedule, as provided in Exhibit 2, mobilization shall take place for two or three
weeks following the issuance of the Notice to Proceed. The Worl< shall be substantially completed within
thirty (30) calendar days after the date when the mobilization is complete.
Piggyback Rider
City of Winter Springs and Southland Construction, Inc.
Murphy Road over Gee Creek Box Culvert Repair
Page 1 of 8
The date of Substantial Completion of the Work is the date certified in writing by the OWNER
when (1) construction is sufficiently complete, in accordance with the contract documents, so the OWNER
can occupy or utilize the work for its intended purpose, as expressed by the contract documents, and (2)
any additional project -specific requirements or milestones for "Substantial Completion" identified in the
general, special, or technical conditions or construction plans have been satisfied.
Punchlist Creation and Acceptance. No more than three (3) calendar days following Substantial
Completion, the CONTRACTOR shall provide to OWNER a draft Punchlist detailing the remaining items
and estimated cost of each required to render the Work complete, satisfactory, and acceptable.
OWNER shall review the draft Punchlist and provide any comments to the CONTRACTOR. The
OWNER and CONTRACTOR shall cooperate in the development of the Punchlist regarding both the items
to be included and the estimated cost of each. The OWNER shall approve a final Punchlist within 30
calendar days of Substantial Completion for projects costing less than or equal to $10 million or 45
calendar days for projects costing over $10 million) of Substantial Completion. OWNER shall deliver a final
approved Punchlist to CONTRACTOR no more than 5 calendar days following final approval of the
Punchlist. If the CONTRACTOR fails to coordinate with the OWNER to create a Punchlist and the OWNER
has given the CONTRACTOR written notice of the failure, then the OWNER may withhold 150 percent of
the estimated costs required to complete the items the OWNER intended to include on the Punchlist,
without input from the CONTRACTOR, and shall deliver the Punchlist within the time period in this
subsection. The failure to include any corrective work or pending items not yet completed on the
Punchlist does not alter the responsibility of the CONTRACTOR to complete all the Work purchased under
this Agreement.
Final Completion. The Work shall be finally completed, ready for Final Payment within thirty (30)
calendar days after the date of delivery of the final, approved Punchlist.
C) Notwithstanding anything in Exhibit "1" to the contrary, specifically Section 2 of the
Original Government Contract, the term of this Agreement with the City of Winter Springs shall take effect
on the date of its execution by the City and Contractor and continue until the Project identified in
Paragraph (b) above has been completed and accepted by the City.
D) Section 5. —Compensation is hereby amended to establish the following progress
payment schedule. Progress payment requests may be submitted at the following intervals:
Mobilization 25%
Regular Excavation 25%
Polyurethane Injection 15%
PE Review and Approval Letter 10%
5% retainage — Withheld in accordance with the Florida Prompt Payment Act.
E) Section 22.— Indemnification — shall be stricken and replaced as follows: The Contractor
shall indemnify, defend, and hold harmless the City, its City Commission members, employees,
representatives, and attorneys from and against all claims, suits, actions, damages, losses, expenses,
Piggyback Rider
City of Winter Springs and Southland Construction, Inc.
Murphy Road over Gee Creek Box Culvert Repair
Page 2 of 8
and/or causes of action including, but not limited to, economic loss, reasonable attorneys' fees, and
expenses, arising out or, or in connection with this Agreement, provided that any such claims, suits, action,
damages, losses, expenses, and or causes of action (1) is attributable to any person(s) claiming personal
injury, bodily injury, sickness, disease, or death; or damage to tangible property, including loss or use; and
(2) is caused or incurred in whole or in part by Contractor or any of its subcontractors, agents, or anyone
directly or indirectly employed by Contractor, subcontractor, agents, regardless if caused in part by the
City, This indemnification shall not apply to any claims, suits, actions, damages, losses, expenses, and/or
a cause of action, arising from the City's sole gross negligence or intentional misconduct. For purposes
of Contractor's indemnification obligation only, Contractor shall indemnify the City for claims made by the
employees of Contractor against the City, and Contractor hereby waives its entitlement, if any, to
immunity under Section 440.11, Florida Statutes. This waiver has been specifically and mutually
negotiated by the parties. This paragraph shall survive the termination of this Agreement.
F) Notwithstanding the requirements that the Original Government Contract, CONTRACTOR
agrees to accept the Contract Price set forth in the Work Order as full compensation for performing all
Work, furnishing all Materials, and performing all Work embraced in the Contract Documents.
The CONTRACTOR ac!<nowledges that CONTRACTOR studied, considered, and included in
CONTRACTOR's Total Bid all costs of any nature relating to: (1) performance of the Work under Florida
weather conditions; (2) applicable law, licensing, and permitting requirements; (3) the Project site
conditions, including but not limited to, subsurface site conditions; (4) the terms and conditions of the
Contract Documents, including, but not limited to, the indemnification and no damage for delay provisions
of the Contract Documents.
Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the
Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if
attached or repeated herein. Where the Contract Documents provide for Unit Price Work, the Contract
Price stated in the Agreement will include for all Unit Price Work an amount equal to the sum of the Unit
Prices for each item of Unit Price Work times the estimated quantity of each item as indicated in the
Contract Documents, Each Unit Price will be deemed to include an amount considered by CONTRACTOR
to be adequate to cover all costs, including supplemental and administrative costs, and profit.
The City, by written change order and without invalidating the Agreement, may order, or at the
request of Contractor approve, extra Work or make changes by altering, adding to, or deducting from
the Work, the contract sum being adjusted accordingly. Additional time required for any change in
Work must be included with the requested Change Order.
In giving instructions, the City's Project Manager will have authority to make minor changes in
the Worl<, not involving extra cost or time, and not inconsistent with the purpose of the Worl<, but
otherwise, except in an emergency endangering life or property, no extra work or change will be made
unless it goes through the City's written Change Order process and is approved by the City, and no claim
for an addition to the contract sum or time will be valid unless so ordered in writing.
Piggyback Rider
City of Winter Springs and Southland Construcfiion, Inc.
Murphy Road over Gee Creek Box Culvert Repair
Page 3 of 8
ways:
The value of any such extra Work or change will be determined in one or more of the following
1. By mutual acceptance of a lump sum.
2. By unit prices named in the contract or subsequently agreed upon.
3. By cost and percentage or by cost and a fixed fee.
If none of the above methods is agreed upon, the CONTRACTOR, provided it receives an order as
above, shall proceed with the work. In such case and also under case (3) above, the CONTRACTOR shall
Keep and present in such form as the City's Project Manager may direct, a correct account of the net cost
of labor and materials, together with vouchers. In any case, the City's Project Manager will certify to the
amount, including reasonable allowances for overhead and profit, due to the CONTRACTOR. Pending final
determination of value, payments on account of changes will be made on the City's Project Manager's
estimate. Furthermore, if the CONTRACTOR claims that any instructions by drawings or otherwise involve
extra cost under the Contract Documents, it shall give the City written notice thereof within ten (10) days
after the receipt of such instructions, and in any event before proceeding to execute the work, except in
emergency endangering life or property, and the procedure shall then be as provided above under this
section. Claims will not be processed unless filed in writing before any work has commenced. In addition,
if the City's Project Manager deems it inexpedient to correct work injured or done not in accordance with
the Contract Documents, an equitable deduction from the Contract Price will be made therefor by Change
Order.
G) Section 5 —Compensation -shall be amended to provide that Invoices shall be submitted,
referencing this Agreement and any Purchase Order to:
City of Winter Springs
Finance Department
1126 East State Road 434
Winter Springs, FL 32708
In addition, the following shall govern with respect to Progress Payments: No payments shall be
made where a Payment and Performance Bond is required herein until OWNER receives a certified copy
of the recorded Bond. OWNER shall make progress payments on account of the contract price to
CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER's Project
Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. By
submitting each request for a progress payment, the CONTRACTOR certifies, to the best of its knowledge
and belief, that: (1) The amounts requested are only for performance in accordance with the
specifications, terms, and conditions of the contract; (2) All payments due to subcontractors and suppliers
from previous payments received under the contract have been made, and timely payments will be made
from the proceeds of the payment requested, in accordance with subcontract agreements; (3) The
request is made in good faith and is a true and accurate accounting of the work performed and materials
supplied; and (4) The representative signing the request for a progress payment is authorized to certify
the request on behalf of the CONTRACTOR,
Piggyback Rider
City of Winter Springs and Southland Construction, Inc.
Murphy Road over Gee Creek Box Culvert Repair
Page 4 of 8
Progress payments may be withheld it:
aI Work is found defective and not remedied;
bI CONTRACTOR does not provide consent of surety with each payment application;
c. Another contractor is damaged by an act for which CONTRACTOR is responsible; or
d. In the opinion of the OWNER that CONTRACTOR'S wor!< is not progressing satisfactorily.
OWNER herein ( )designates or ( )does not designate an agent, i.e., an
architect or engineer, that must approve any payment request or invoice before the payment request or
invoice is submitted to OWNER for payment. If an agent must approve the payment request or invoice
before the payment request or invoice is submitted to OWNER, payment is due 25 business days after
the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1),
Florida Statutes, except to the extent that the payment request or invoice does not meet contract
requirements. The CONTRACTOR may send OWNER an overdue notice. If the payment request or
invoice is not rejected within 4 business days after delivery of the overdue notice, the payment request
or invoice shall be deemed accepted, except for any portion of the payment request or invoice that is
fraudulent or misleading. If an agent need not approve the payment request or invoice submitted by
CONTRACTOR, payment is due 20 business days after the date on which the payment request or invoice
is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the
payment request or invoice does not meet contract requirements. If OWNER disputes a portion of a
payment request or an invoice, the undisputed portion shall be timely paid. OWNER shall reject
payment requests or invoices in accordance with the procedure established in s. 218,735, Florida
Statutes.
OWNER hereby identifies the City's Finance Department as the agent or office to which the
CONTRACTOR must submit payment requests or invoices.
OWNER shall withhold up to 5% of the Contract Price until the date of Substantial Completion, in
accordance with the Local Government Prompt Payment Act ("Act"). As provided in Section 6 above,
within 10 calendar days of Substantial Completion, the CONTRACTOR shall create and deliver to OWNER
a draft Punchlist detailing Work which must still be completed to reach Final Completion under the terms
of this Agreement, and the estimated cost to complete each item. Within thirty (30) calendar days of
Substantial Completion for projects with a cost of $10 million or less or within forty-five (45) calendar days
of Substantial Completion for projects with a cost of over $10 million, the OWNER shall approve a finalized
Punchlist. As provided above, the OWNER and CONTRACTOR shall coordinate and cooperate in the
development of the final Punchlist. Within 5 calendar days of OWNER finalizing and approving the
Punchlist, the OWNER shall deliver the final approved Punchlist to CONTRACTOR.
Within 20 calendar days of the delivery of the final approved Punchlist, and only upon receipt of
a proper invoice or payment request from CONTRACTOR, OWNER shall pay to CONTRACTOR the
Piggyback Rider
City of Winter Springs and Southland Construction, Inc.
Murphy Road over Gee Creel< Box Culvert Repair
Page 5 of 8
remaining contract balance, including all retainage previously withheld, less an amount equal to 150 % of
the estimated cost to complete the items on the Punchlist, except as provided herein. Should no Punchlist
be created within the thirty or forty-five day timeframe, as applicable, because of the failure of
CONTRACTOR to cooperate with OWNER, OWNER shall pay to CONTRACTOR the remaining contract
balance, including all retainage previously withheld, less an amount equal to 150 % of the estimated cost
to complete the items on the Punchlist as determined solely by the OWNER.
CONTRACTOR may submit a proper invoice or payment request for the amount of retainage held
to complete the Punchlist items only once all Punchlist items have been completed to the satisfaction of
the OWNER. OWNER may continue to withhold retainage if a good faith dispute exists as to whether one
or more Punchlist items has been completed in accordance with the terms of this Agreement up to 150%
of the total costs to complete those items in dispute.
The date of Final Completion shall be no less than 30 days following delivery of the final approved
Punchlist to CONTRACTOR.
The remaining retainage amount withheld shall be released with the Final Payment after the
issuance of the Final Completion Certificate. The Final Completion Certificate shall be issued upon
completion of all remaining Punchlist items. Consent of surety is required for final payment. OWNER shall
make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed,
if the contract has been fully and timely performed, but subject to the condition that final payment shall
not be due until CONTRACTOR has delivered to OWNER all close-out documentation.
h) Section 8 is amended to provide that liquidated damages are for $1,170.00 per day for
failure to reach substantial completion and $500.00 per day to reach final completion.
to:
i) Section 11 Notices -shall be amended to provide that Notices to the City shall be delivered
City Manager
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, FL 32708
Any Notice given as provided herein shall be deemed received as follows: if delivered by
personal service, on the date so delivered; if delivered to an overnight courier service, on the business
day immediately following delivery to such service; and if mailed, on the third business day after mailing.
H) Section 15 Public Records Law - is amended to additionally require that if Contractor fails
to comply with this Section, and the City must enforce this Section, or the City suffers a third party award
of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Contractor's failure
to comply with this Section, the City shall collect from Contractor prevailing party attorney's fees and
costs, and any damages incurred by the City, for enforcing this Section against Contractor. And, if
applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the
City had to pay a third party because of the Contractor's failure to comply with this Article.
Piggyback Rider
City of Winter Springs and Southland Construction, Inc.
Murphy Road over Gee Creek Box Culvert Repair
Page 6 of 8
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT: City Clerk, City of Winter Springs,1126 East State Road 434, Winter
Springs, FL 32708 or City-Cleri(-Department@winterspringsfl.org or (407) 327-6560.
I) Section 7. Contract Documents is amended to incorporate this Piggyback Rider as the first
document taking precedence, followed by the reminder of the documents in the same order listed in
Section 7 of the Original Government Contract.
J) Notwithstanding anything to the contrary in the Original Government Contract, the
following technical provisions are added to the Agreement:
a. Sovereign Immunity. The City intends to avail itself of the benefits of Section
768.28, Florida Statutes and any other statutes and common law governing sovereign immunity
to the fullest extent possible. Neither this provision nor any other provision of this Agreement
shall be construed as a waiver of the City's right to sovereign immunity under Section 768,28,
Florida Statutes, or other limitations imposed on the City's potential liability under state or federal
law. Contractor agrees that City shall not be liable under this Agreement for punitive damages or
interest for the period before judgment. Further, City shall not be liable for any claim orjudgment,
or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or
any claim orjudgment, or portion thereof, which, when totaled with all other claims orjudgments
paid by the State or its agencies and subdivisions arising out of the same incident or occurrence,
exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to
inure to the benefit of any third party for the purpose of allowing any claim which would
otherwise be barred under the doctrine of sovereign immunity or by operation of law. This
paragraph shall survive termination of this Agreement.
b. Attorneys Fees. Unless otherwise expressly provided in this Piggyback Rider,
should either party bring an action to enforce any of the terms of this Agreement, each party shall bear
its own costs and expenses of such action including, but not limited to, reasonable attorney's fees,
whether at settlement, trial or on appeal.
K) A performance bond shall be required for this Piggyback Rider in the Form attached
hereto as Exhibit 3.
IN WITNESS WHEREOF, authorized representatives of the CITY and the CONTRACTOR have
executed this Piggyback Rider to the Original Government Contract on the day and year below noted:
Piggyback Rider
City of Winter Springs and Southland Construction, Inc.
Murphy Road over Gee Creek Box Culvert Repair
Page 7 of 8
Date: (/f — 2�
Printed Name and Title: S c;S<Pt. U� c:u.jc_•C'i
ATTEST: Date:
Christian Gowan, City Clerk
Piggyback Rider
City of Winter Springs and Southland Construction, Inc.
Murphy Road over Gee Creel< Box Culvert Repair
Page 8 of 6
E.ke thA a
1VIURPHY R"AD OVER GEE CREEK BOX CULVERT
REPAIR AND RESTORATION
Southland Construction, Inc.
l72 West H•om'th Sheet
Apopka, FI 32703
Contact: Eric Eliason
Phone: 407-889-9844
Fax:
cote To: City of Winter Springs
Phil Hursh
Phone: 407-327-7591
Fax: 407-327-5984
Job Name:
Date of plans:
Revision Date:
Murphy Rd %Gee Creek
1"FEM
DESCRIP'1'[ON
QUANTI"fY
UNIT
L'N1T PRICE
AMOUNT
10000
�iMOBILIZATION
1.00
LS
71,763.18
711763,18
t0100
MAINTENANCE OF TRAFFIC
1.00
LS
7,35 L64
7.351.64
10200
SEDIMENT BARRIER
300.00
LF
4.20
1,260.00
10300
FLOATING TURBIDITY BARRIER
t00.00
LF
16,15
11615,00
10400
CLEARING AND GRUBBING
1.00
LS
19,759.91
19,759,91
10450
REGULAR EXCAVATION
205.00
CY
36.00
7.380.00
t0500
RIP RAP, SAND CEMENT
12.00
CY
I,I35.58
13,626.96
10600
RIP RAP, RUBBLE, BANK AND SHORE
144.00
TN
240.00
34,560.00
10650
BEDDING STONE
t08.00
IN z
2t0.00
223680,00
t0700
TEMPORARY SHEET PILING / SHORING
23500,00
SF
46.17
115,425.00
20200
PERFORMANCE TURF - SOD
1,1 10.00
SY
10,20
1 1,322.00
300001
DUAL CONIP POYURETHANE INJECTION
I M
LS
106,256*3 11
106,256.31
GRAND TOTAL $4135000.00
NOTES:
Southland Construction [tic. (SC[) was contacted by the City of Winter Springs regarding an inspection letter received titled
"Significant Deficiency Advisory -Toe Slab Undermining; Interim Bridge Inspection -June 27, 2023, Bridge No. 775704 -
Murphy Road over Gee Creek" prepared by Ayres as part of the FDOT District 5 Local Government Bridge Inspection
Program. The inspection indicated that the east end of the culvert had significant soil loss and undermining of the toe slab and
recommended further investigation and repair. Upon receipt of this letter, SCI contacted Florida Bridge and Transportation,
Inc. (FBT) engineer Mark Neidermann, P.E. to consult on recommended actions to repair the noted structure. The preliminary
concern based on the information provided was the uncertainty of the extent of the void under the structure. In order to evaluate
this properly and provide guidance for the method of stabilization, SCI contracted Tierra as a geotechnical consultant. SCI
previously entered into agreement with the City of Winter Springs to contract Tierra to perform this evaluation and provide a
recommendation report. We now have this report in hand and based on the recommendations of this report along with
consultation with FBT have developed our proposal to satistj+ the previously noted "Significant Deficiency Advisory". The
report from Tierra is attached to this proposal.
SCOPE OF WORK:
1. Mobilization
2. Clearing and Grubbing
3. Sediment Barrier
4. Floating Turbidity Barrier
5. MOT
Page 1 of 2
6. Regular Excavation - Rubble Rip Rap Instaltation
7. Temporary Sheet Pile / Shoring - Including sheet pile and aqua barrier bladders.
8. Riprap - Ruhble. Bank and Shore 1.5' thick
9. Bedding Stone - I' thick
f 0 Rirprap - Sand Cement - 4.5' thick
10. Performance Turf - Bahia
11. Dual Component Polyurethane Injection
12. PE Review and Signed and Sealed Approval letter
WORK DESCRIPTION:
I . Mohilization and set up any needed MOT, Advanced Warning Signs. Lane closures will be limited, if needed at all. Trucks
will be entering and leaving site for delivery and debris removal. Lay down is planned for lot NE of Gee Greek and Mtu•pby
Rd,
2. Clear and grub cast and rawest of Nifurphy Rd in and around Gee Creek up to 60' from the box culvert. 'This will allow for
access to install shoring equipment for phased dewatering and dry access to the box culvert.
3. Install sheet pile and aqua dam bladders in Gee Creek to devvater for work in the creek and box culvert. Dewaterin; and
shoring will be installed in two phases, allowing for work on I cell in the first phase and 2 cells in the second phase, order may
vary based on field conditions. All work including demolition, injection and rip rap will be completed prior to moving to the
successive phase.
d. Demo and remove the displaced concrete debris including the (separate) apron slab on the east end / outfall of the box
culvert. This slab was poured separate from the box culvert, existing box culvert structure will not be denno'd.
5. Layout polyurethane grout injection points. (84 ea)
6. Install I/2" tubing to facilitate grout injection.
7. Inject polyurethane grout into the ground utilizing the injection rods / injectors.
8. Monitor structure during injection for unintentional lift.
9. Upon completion ofthe injeciion process and curing, drilled holes in concrete surface are filled to grade with epoxy,
l0. upon completion of injection work in each phase, rubble rip rap bank and shore and bedding stone will be installed 30' out
fi•om the outfall (west) end of the box culvert. Sand Cement will be installed 4.5' deep from top of rubble rip rap to establish a
toe to prevent Future undermining.
11. After the final phase of injection and rip rap installation demobilzation with restoration of disturbed areas.
SCHEDULE:
Vfobilizaiton will occur 2 to 3 aveeks after the Purchase Order or Contract is signed behveen Southland CosnU•uction Inc and the
City of Winter Springs. Duration ofwork not to exceed I month.
BASIS OF PROPOSAL:
l .Significant Deficiency Advisory -Toe Slab Undermining -June 27, 2023 Bridge No. 775704 -Murphy Road over Gee Creek
2. Geotechnical Engineering Services - Tierra Project Number 55 l 1-23-069 - August 22, 2023
3. As Built Consu•uction Plans January 1973
4. Bid Item 30000 Dual Comp Polyurethane Injection is bid based on the qty recommendations of the Geotechnical Engineering
Services Report provided by Tierra dated August 22, 2023. If there are any complications on• changes in field conditions that
deviate fi•om the recommendations this price may need to be revised via change order.
EXCLUSIONS:
1. Permitting
2. Plans and Shop Drawings
3. Utility Coordiation
Page 2 of 2
EXHIBIT 3
Bond No. 30197711
BY THIS PERFORMANCE BOND, We Southland construction, Inc., as Principal, whose address
is 172 West Fourth Street, Apopka, FL 32703 and telephone number is 407-889-9844 and
Western Surety Company , as Surety, whose address is 151 N. Franklin Street, Chicago, IL 60606 and
telephone number is 312-822-5000 are bound to the City of Winter Springs, a Florida
municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs,
Florida 32708 and telephone number is 407-327-1800, in the initial sum of $454,300.00
Four Hundred Fifty -Four Thousanld
Three Hundred & No Cents (110% of Contract Price), or such greater amount as the
Contract may be adjusted from time to time in accordance with the Contract between the Principal
and OWNER) (the "Penal Sum").
WHEREAS, the Principal has executed a contract with the OWNER, dated ('39 -1 � - �'�, ,for
the construction of the Murphy Road Over Gee Creek Box Culvert RepairEproject in the City of Winter
Springs, Seminole County, Florida (the "Project"); and
WHEREAS, the OWNER has required the Principal to furnish a performance bond in accordance
with law and as a condition of executing the Contract with Principal; and
WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1),
Florida Statutes and the Contract referenced above, as the same may be amended, and additionally,
to provide common law rights more expansive than as required by statute.
NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves,
their heirs, administrators, executors, successors and assigns agree as follows:
1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL
PERFORMANCE. The Contract is incorporated by reference and made a part of this bond.
The Surety and the Principal are bound for the full performance of the Contract including
without exception all of the Contract Documents (as defined in the Contract) and all of their
terms and conditions, both express and implied. Without limiting the Principal's and Surety's
obligations under the Contract and this bond, the Principal and Surety agree:
A. Promptly and faithfully perform their duties and all the covenants, terms, conditions, and
obligations under the Contract including, but not limited to the insurance provisions,
guaranty period and the warranty provisions, in the time and manner prescribed in the
Agreement, and
B. Pay OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs
and attorneys' fees under section 627.756, Florida Statutes, including costs and attorneys
fees on appeal that OWNER sustains resulting directly or indirectly from any breach or
default by Principal under the Contract, and
Murphy Road Over Gee Creek Box Culvert
Repairs in connection with Public Works
Minor Projects Continuing Construction
Agreement (CC-3563-21gRTB)
C. Satisfy all claims and demands incurred under the Contract, and fully indemnify and hold
harmless the OWNER from all costs and damages which it may suffer by reason or failure
to do so.
2. OWNER'S AFFIDAVIT OF CONTRACTOR BREACH OR DEFAULT. If the OWNER
shall provide to Surety the written affidavit of the OWNER stating that the Principal is in
breach or default of the Contract, and that such breach or default remains uncured by the
Principal, then upon delivery of such affidavit to the Surety in the method for providing notices
as set forth in Paragraph 7 below, Surety must promptly notify the OWNER in writing which
action it will take as permitted in Paragraph 3.
3. SURETY'S OBLIGATION UPON DELIVERY OF OWNER'S AFFIDAVIT OF
CONTRACTOR'S BREACH OR DEFAULT. Upon the delivery of the OWNER's
affidavit of breach or default by the Principal as provided in Paragraph 2 above, the Surety
may promptly remedy the breach or default or must, within ten (10) days, proceed to take one
of the following courses of action:
A. Proceed Itself. Complete performance of the Contract including correction of defective
and nonconforming Work through its own CONTRACTORs or employees, approved as
being acceptable to the OWNER, in the OWNER's sole discretion, provided, however, that
OWNER's discretion in approving the Surety's CONTRACTOR will not be unreasonably
withheld as to any CONTRACTOR who would have qualified to offer a proposal on the
Contract and is not affiliated in any way with the Principal. During this performance by
the Surety, the OWNER will pay the Surety from its own funds only those sums as would
have been due and payable to the Principal under the Contract as and when they would
have been due and payable to the Principal in the absence of the breach or default not to
exceed the amount of the remaining Contract balance less any sums due the OWNER under
the Contract. During this performance by Surety, any payment bond required under the
Contract must remain in full force and effect; or
B. Tender a completing CONTRACTOR acceptable to OWNER. Tender a
CONTRACTOR, together with a contact for fulfillment and completion of the Contract
executed by the completing CONTRACTOR, to the OWNER for the OWNER's execution.
OWNER's discretion to approve Surety's completing CONTRACTOR will not be
unreasonably withheld as to any CONTRACTOR who would have qualified to offer a
proposal on the contract and is not affiliated with the Principal. OWNER's discretion to
approve CONTRACTOR as the completing CONTRACTOR and to approve the tendered
contract shall be in OWNER's sole and absolute discretion. Upon execution by the
OWNER of the contract for fulfillment and completion of the Contract, the completing
CONTRACTOR must furnish to the OWNER a performance bond and a separate payment
bond, each in the form of those bonds previously furnished to the OWNER for the Project
by the Principal. Each such bond must be in the Penal Sum of the full cost to complete the
Contract. The OWNER will pay the completing CONTRACTOR from its own funds only
those sums as would have been due and payable to the Principal under the Contract as and
when they would have been due and payable to the Principal in the absence of the breach
or default not to exceed the amount of the remaining Contract balance less any sums due
the OWNER under the Contract. To the extent that the OWNER is obligated to pay the
completing CONTRACTOR sums which would not have been due and payable to
CONTRACTOR under the Contract (any sums in excess of the then remaining Contract
balance less any sums due the OWNER under the Contract), the Surety must pay the
OWNER the full amount of those sums at the time the completing CONTRACTOR tenders
an invoice to the OWNER so that the OWNER can utilize those sums in making timely
payment to the completing CONTRACTOR; or
C. Tender the Full Penal Sum. Tender to the OWNER the full Penal Sum of the performance
bond. The OWNER will refund to the Surety without interest any unused portion not spent
by the OWNER procuring and paying a completing CONTRACTOR or completing the
Contract itself, plus the cost allowed under Section 4, after completion of the contract for
fulfillment and completion of the Contract and the expiration of any applicable warranties,$
or
D. Other Acts. Take any other acts mutually agreed upon in writing by the OWNER and the
Surety.
E. IT SHALL BE NO DEFENSE TO SURETY'S OBLIGATION TO UNDERTAKE
ONE OF THE PRECEDING COURSES OF ACTION THAT THE PRINCIPAL
CONTENDS THAT IT IS NOT IN BREACH OR DEFAULT OF THE CONTRACT,
OR THAT THE NOTICE OF BREACH OR DEFAULT WAS DEFECTIVE, OR
THAT THE PRINCIPAL HAS RAISED ANY OTHER CLAIM OF DEFENSE OR
OFFSET, PROVIDED ONLY THAT THE SURETY HAS RECEIVED THE
AFFIDAVIT OF THE OWNER AS SPECIFIED IN PARAGRAPH 2.
4. SURETY'S ADDITIONAL OBLIGATIONS. In addition to those duties set forth herein
above, the Surety must promptly pay the OWNER (i) all losses, costs and expenses resulting
from the Principal's breach(es) or default(s), including, without limitation, fees (including
attorney's fees pursuant to section 627.756, Florida Statutes and related costs), expenses and
costs for architects, ENGINEERs, consultants, testing, surveying and attorneys, plus (ii)
liquidated or actual damages, whichever may be provided for in the Contract, for lost use of
the Project, plus (iii) re -procurement costs and fees and expenses, plus (iv) costs incurred at
the direction, request, or as a result of the acts or omissions of the Surety; provided that in no
event shall Surety's liability exceed the Penal Sum of this Bond.
5. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any Modifications to the
Contract, including changes in the Contract Time, the Contract Sum, the amount of liquidated
damages, or the work to be performed under the Contract.
6. NO THIRD -PARTY BENEFICIARIES. The Surety provides this performance bond for the
sole and exclusive benefit of the OWNER and OWNER's heirs, administrators, executors,
successors and assigns. No other party, person or entity has any rights against the Surety.
7. METHOD OF NOTICE. All notices to the Surety, the Principal or the OWNER must be
given by Certified Mail, Return Receipt Requested, to the address set fourth for each party
below:
SURETY:
Name:
Attention:
Street:
City, State
Zip:
PRINCIPAL:
Name:
Attention:
Street:
City, State:
Zip:
Western Surety Company
Brett A. Ragland
151 N. Franklin Street
Chicago. IL
Southland Construct
172
Fourth Street
Apopka, FL
32703
Inc.
OWNER:
The City of Winter Springs
Attention: Shawn Boyle, City Manager
1126 E. State Road 434
Winter Springs, Florida 32708
(407) 327-5957
with a copy to:
Anthony A. Garganese, City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
(407) 425-9566
8. STATUE OF LIMITATIONS. Any statutory limitation, which may be contractually
superseded, to the contrary notwithstanding, any action hereon may be instituted so long as the
applicable statute of limitations governing the Contract (including any warranty period) has
not run or expired or within three (3) years following Final Completion of the Contract
(including any warranty period) and acceptance of the Work performed under the Contract by
the OWNER, whichever is longer.
9. RECITALS. The recitals contained in this Performance Bond are incorporated by reference
herein and are expressly made a part of this Performance Bond.
10. GOVERNING LAW. This performance bond shall be governed by, and construed in
accordance with, the laws of the State of Florida without regard to its conflict of laws
provisions.
ll. VENUE. In the event any legal action shall be filed upon this performance bond, venue shall
lie exclusively in the Circuit Court for Seminole County, Florida.
12. MISCELLANEOUS.
A. The Surety agrees that this performance bond shall afford the OWNER with all of the
protections and rights afforded under Florida Statutes and under common law.
B. This performance bond is issued in addition to any other bond or warranty required
under the Contract including, but not limited to, any labor and materials payment bond
and maintenance bond. Each bond issued under the Contract shall be construed as
separate and distinct from each other.
C. In the event that the Surety fails to fulfill its obligations under this performance bond,
then the Surety shall also indemnify and hold the OWNER harmless from any and all
loss, damage, cost and expense, including reasonable attorneys' fees and costs for all
trial and appellate proceedings, resulting directly or indirectly from the Surety's failure
to fulfill its obligations hereunder. This subsection shall survive the termination or
cancellation of this performance bond.
D. This performance bond shall remain in full force and effect until such time all the
work, labor and materials under the Contract have been performed or provided to the
OWNER's complete satisfaction, through the expiration of all warranty periods.
Principal
Southland Construction, Inc.
(Typed Firm Name)
(Seal)
(Printed Name)
(Title)
172 West Fourth Street. Apopka. FL 32703
(Address)
(Date of Execution)
Surety
Western Surety Company
(Typed Firm Name)
(Seal)
By:
(signature)
Brett A. Ragland
(Printed Name)
Attorney -in -Fact &Florida Licensed Resident Agent
(Title)
Agent: Johnson &Company
801 N. Orange Avenue, Suite 510, Orlando, FL 32801
(Address)
(Date of Execution)
EXHIBIT 3
LABOR AND MATERIALS PAYMENT BOND
Bond No. 30197711
BY THIS LABOR AND MATERIALS PAYMENT BOND, We
Southland Construction, Irtic. as Principal, whose address is
172 West Fourth Street, Apopka FL 32703 and telephone number is 407-889-9844 and
Western Surety Company as Surety, whose address is
151 N. Franklin Street, Chicago, IL 60606 and telephone number is 312-822-5000 are
bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose
address is 1126 E. State Road 434, Wint r S in&s, FFJgi�da 4708 arid telephone number
our un ed i y- our ousan
is 407-327-1800, in the initial sum of $ Three Hundred & No Cents ($454,300.00)(110% of
Contract Price), or such greater amount as the Contract may be adjusted from time to time
in accordance with the Contract between the Principal and OWNER) (the "Penal Sum").
WHEREAS, the Principal has executed a contract with the OWNER, dated
A on i �( � 2 _, for the construction of the
Murphy Road Over Gee Creek Box Culvert Repairs project in the City of Winter Springs,
Seminole County, Florida (the "Project"); and
WHEREAS, the OWNER has required the Principal to furnish a labor and materials
payment bond in accordance with law and as a condition of executing the Contract with
Principal; and
WHEREAS, this bond is being entered into to satisfy the requirements of Section
255.05(1), Florida Statutes and the Contract referenced above, as the same may be
amended, and additionally, to provide common law rights more expansive than as required
by statute.
NOW THEREFORE, the Surety and the Principal, both joint and severally, and for
themselves, their heirs, administrators, executors, successors and assigns agree as follows:
1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL
PERFORMANCE. The Contract is incorporated by reference and made a part of this
bond. The Surety and the Principal are bound to promptly make payments to all claimants,
as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials,
supplies, or rental equipment used directly or indirectly by Principal in the prosecution of
the work provided under the Contract. Any such payments shall not involve the OWNER
in any expense.
2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section
255.05, Florida Statutes, and applicable law. Therefore, a claimant, except a laborer, who
is not in privity with the Principal shall, before commencing or not later than 45 days after
commencing to furnish labor, services, or materials for the prosecution of the work, furnish
the Principal with written notice that he or she intends to look to the bond for protection.
A claimant who is not in privity with the Principal and who has not received payment for
his or her labor, services, or materials shall deliver to the Principal and to the surety written
notice of the performance of the labor or delivery of materials or supplies and of the
nonpayment. The notice of nonpayment may be served at any time during the progress of
the work or thereafter but not before 45 days after the first furnishing of labor, services, or
materials, and not later than 90 days after the final furnishing of the labor, services, or
materials by the claimant or, with respect to the rental equipment, not later than 90 days
after the date that the rental equipment was last on the job site available for use. Any notice
of nonpayment served by a claimant who is not in privity with Principal which includes
sums for retainage must specify the portion of the amount claimed for retainage.
3. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any modifications to
the Contract, including changes in the Contract Time, the Contract Sum, or the labor, work,
or materials required to be performed under the Contract.
4. BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive
benefit of the OWNER and OWNER's heirs, administrators, executors, successors and
assigns, as well as for the benefit of any claimants who have actually provided labor,
material, rental equipment, or services under the Contract.
5. RECITALS. The recitals contained in this labor and materials payment bond are
incorporated by reference herein and are expressly made a part of this bond.
6. GOVERNING LAW. This labor and materials payment bond shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to its conflict
of laws provisions.
7. VENUE. In the event any legal action shall be filed upon this labor and materials payment
bond, venue shall lie exchrsively in the Circuit Court for Seminole County, Florida.
8. MISCELLANEOUS.
A. The Surety agrees that this labor and materials payment bond shall afford the OWNER
and all claimants under the Contract with all of the protections and rights afforded
under Florida Statutes and under common law.
B. This labor and materials payment bond is issued in addition to any other bond or
warranty required under the Contract including, but not limited to, any performance
bond and maintenance bond. Each bond issued under the Contract shall be construed
as separate and distinct from each other.
C. In the event that the Surety fails to fulfill its obligations under this labor and materials
payment bond, then the Surety shall also indemnify and hold the OWNER harmless
from any and all loss, damage, cost and expense, including reasonable attorneys' fees
and costs for all trial and appellate proceedings, resulting directly or indirectly from
the Surety's failure to fulfill its obligations hereunder. This subsection shall survive
the termination or cancellation of this labor and materials payment bond.
D. This labor and materials payment bond shall remain in full force and effect until such
time that the legal deadline for filing a claim hereunder has duly expired.
Principal Surety
Southland Construction, Inc. Western Surety Company
(Typed Firm Name) (Typed Firm Name)
(Seal)
(Title)
172 West Fourth Street, Apopka, FL 32703
(Address)
(Date of Execution)
(Seal)
By:
(Signature) "
Brett A. Ragland
(Printed Name)
Attorney -in -Fact & Florida Licensed Resident Agent
(Title)
Agent: Johnson & Company
801 N. Orange Avenue, Suite 510, Orlando, FL 32801
Surety: 151 N. Franklin Street, Chicago, IL 60606
(Address)
(Date of
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
I{now All Nlen By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Joseph D Johnson JI, Francis T O'Reardon, Brett A Ragland, Joseph D Johnson III, Kanani
Cordero, Tyler Ragland, Individually
of Orlando, FL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In WiLress 1Yhereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 14th day of June, 2021.
WESTERN SURETY COMPANY
I T. Bmflat, Vice President
State of South Dakota
ss
County of Minnehaha
On this 14th day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation. Or
My commission expires
March 2.2026
M. BENT
;�NOTAflY PUSUC�
r AL SOUTH DAKOTA S �
C>✓RTIFICAT>;
M. tsent, tvotary runuc
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and fiirther certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto
subscribed my name and affixed the seal of the said corporation this
Fonn F4280-7-2012
day of
W
ESTERN SURETY COMPANY
L. Nelson, Assistant Secretary
Go to www.cnasurety.com > Owner /Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.