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Item C24
COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln,District 2 The Florida Keys Mayor Pro Tem David Rice,District 4 a e Craig Cates,District 1 e' Tames K. Scholl,District 3 � Holly Merrill Raschein,District 5 Regular Meeting January 28, 2026 Agenda Item Number: C24 26-0262 BULK ITEM: Yes DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Clark Briggs AGENDA ITEM WORDING: Approval of a contract between Monroe County and Freyssinet, Inc. for Construction Services for the Toms Harbor Bridge #904600 Repairs Project in the amount of $1,196,041.50. This project is partially funded by a Small County Outreach Program (SLOP) grant agreement with the Florida Department of Transportation (FDOT) for 75% with a 25% County match from the 304 fund. ITEM BACKGROUND: Monroe County needs to repair Toms Harbor Channel Bridge on Duck Key. The County advertised for bids and the bid opening was on December 3, 2025. Freyssinet, Inc. was the lowest responsible responsive bidder for construction services. PREVIOUS RELEVANT BOCC ACTION: BOCC approved a Task Order with Kisinger Campo &Associates at the January 18, 2023 meeting for Engineering Design and Permitting Services. BOCC approved a Resolution at the September 11, 2024 meeting for a Florida Department of Transportation (FDOT) Small County Outreach Program(SLOP) Grant Agreement to partially fund construction and Construction Engineering and Inspection(CEI) Services for the Toms Harbor Bridge #904600 Repairs Project. The grant includes $1,839,506.00 of State funds and a local match of$613,169.00. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Approval of Contract DOCUMENTATION: Freyssinet Contract for execution 2025 12 Freyssinet COI GL AL WC expires 10/01/2026 FINANCIAL IMPACT: Effective ate: 01/28/26 Expirationate: 365 Days from is to Proceed. ValueTotal tract: $1,196,041.50. Total Cost to County: $299,010.37 Current Year ion: $299MI0.37 Budgeted: es. Source of Funds: Fund 1 - FDOT SCOP grant- $897,031.13 CountyMatch- - $299,010.37 IndirectCosts: None Estimated of of Included in abovelamounts: Revenue Producing: No If yes, t: Insurance Required: Yes Approval f a c r aract between Monroe CoLurAy air id IN ��,� Ul M� �,fo °Car istruction Sentices for w �w �w h T w���I Illh� iii �� III iii i 9�4 � I � w iii�� � � ���i� �� IIII IIII�the w iii � ��� � � � � ��������� IIIL �IIII �� � w �t i 13 � � IIII � a r IIII a I I VF f U n cl (�J b y a S rn a 11 C:0 U My 0 t� �°w �� �� Program OIIII IIII iir'i a g�w m i e ri t w IIII t h I a r IIII ww . iir .�.� IIII IIII IIII i o r t i IIII IIII ��iii 5.��� IIII � ��,�� ����� IIII � Wiii iii��� �� 4 f �iiir id IIII IIII Toms Harbor Bridge(#904600)Repairs Project Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the day of in the year of Two Thousand and Twenty Six. BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: Freyssinet, Inc. 44880 Falcon Place— Suite 100 Sterling, VA 20166 ("Contractor") For the following Project: Toms Harbor Bridge (#904600) Repairs Project Duck Key Monroe County, Florida ("Project") Oversight for Owner: WSP USA INC. 7650 Corporate Center Drive Suite 300 Miami, Florida 33126 Engineer: Kisinger Campo & Associates 201 North Franklin Street Suite 400 Tampa, Florida 33602 September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-1 Toms Harbor Bridge(#904600)Repairs Project The Owner and Contractor agree as set forth below. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral. Notice Requirement All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 For the Contractor: Juan Torres CEO & President Freyssinet, Inc. 44880 Falcon Place— Suite 100 Sterling, VA 20166 ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Toms Harbor Bridte 0904600) Repairs Project. ARTICLE 3 September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-2 Toms Harbor Bridge(#904600)Repairs Project Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, in writing, not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 365 days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. Liquidated damages will be assessed through a reduction in the final payment. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31 St DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00499,999.00 100.00/DAY 200.00/DAY 750.00/DAY $100,000.00-499,999.00 200.00/DAY 500.00/DAY 21000.00/DAY $500,000.0 and Up 500.00/DAY 1000.00/DAY 31500.00/DAY The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. failureUncontrollable Circumstance 3.3 Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God, (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; , , or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance" ). CONTRACTOR'S financial inability to perform, changes in cost or availability September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-3 Toms Harbor Bridge(#904600)Repairs Project of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable ® Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Toms Harbor Bridge(#904600)Repairs Project,the Contract Sum of One Million One Hundred Ninety Six Thousand Forty One Dollars and Fifty Cents ($1,196,041.50), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are as follows: As specified in Section 00110. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work-and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-4 Toms Harbor Bridge(#904600)Repairs Project 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent (5%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95%) of the Contract Sum, less such an amount equal to 150 percent (150%) of the estimated cost to complete the items on the punchlist identified as not complete or needing to be corrected based on inspection at substantial completion as the Owner recommends and determines for incomplete work and unsettled claims, including the assessment of liquidated damages: and 5.7.2 Within 20 business days after the list of incomplete work is created, the Owner must pay the Contractor the remaining Contract Sum that includes all retainage previously withheld by the Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the incomplete Work (i.e., "punch" list items); and September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-5 Toms Harbor Bridge(#904600)Repairs Project 5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None 5.9 Change Order are subject to the provisions of the Contract Documents, including any requirements or conditions applicable to this project due to grant agreements or other requirements imposed by the awarding agency. Change orders will be processed in accordance with F.S. 218.755 and Monroe County Code Sec. 2-348. If a change order is subject to approval by the Board of County Commissioners (BOCC), the change order will be placed before the BOCC for approval as soon as practicable. Approval of change order is subject to approval by the County Administrator or BOCC depending upon the amount of the change order in accordance with Monroe County Code Sec. 2-348. If the Project is funded in whole or in part by the Florida Department of Transportation (FDOT) or any other state or federal agency, approval (concurrence) of the change order by the awarding agency is required and is a condition of approval of the change order in accordance with all grant requirements of the awarding agency. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, including the assessment of liquidated damages: and (2) a Final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the Final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735. 7.3 Temporary facilities and services: None. September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-6 Toms Harbor Bridge(#904600)Repairs Project 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes: By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) Right to Audit: Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records(hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-7 Toms Harbor Bridge(#904600)Repairs Project documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors'representatives. All records shall be kept for seven(7)years after Final Completion. c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. d) Severability: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms,covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. e) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-8 Toms Harbor Bridge(#904600)Repairs Project and usual and customary procedures required by the circuit court of Monroe County. f) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. g) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. h) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. i) Nondiscrimination: CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records, 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-9 Toms Harbor Bridge(#904600)Repairs Project j) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. k) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding,but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Contractor warrants that he/it had not employed,retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also,in its discretion,deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission,percentage,gift, or consideration paid to the former County officer or employee. 1) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover,the full amount of such fee,commission,percentage,gift, or consideration. m) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-10 Toms Harbor Bridge(#904600)Repairs Project proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract,notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT, MONROE COUNTY ATTORNEY'S OFFICE 1111 12Tx September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-11 Toms Harbor Bridge(#904600)Repairs Project Street., SUITE 408, KEY WEST, FL 33040: PUBLICRECORD,,S, NE (305)291"1- 3470. n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any contract entered into by the County be required to contain any provision for waiver. o) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. r) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. s) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-12 Toms Harbor Bridge(#904600)Repairs Project County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. t) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. u) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. v) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, and FLORIDA DEPARTMENT OF TRANSPORTATION harmless from and against (1) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (111) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed 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 the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement,this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within General Insurance Requirements Section 900. In the event any claims are brought or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-13 Toms Harbor Bridge(#904600)Repairs Project shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. To the extent provided by law, CONTRACTOR shall indemnify, defend, and hold harmless the Monroe County and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of CONTRACTOR, or any of its officers, agents,or employees,acting within the scope of their office or employment,in connection with the rights granted to or exercised by CONTRACTOR. The foregoing indemnification shall not constitute a waiver of the Department's or Monroe County's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by CONTRACTOR to indemnify Monroe County for the negligent acts or omissions of Monroe County, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by CONTRACTOR to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement CONTRACTOR agrees to include the following indemnification in all contracts with subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, Contractor shall indemnify, defend, and hold harmless the Monroe County and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Contractor, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Contractor. The foregoing indemnification shall not constitute a waiver of the Department's or Monroe County's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28.Nor shall the same be construed to constitute agreement by Contractor to indemnify Monroe County for the negligent acts or omissions of Monroe County, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by Contractor to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." x) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-14 Toms Harbor Bridge(#904600)Repairs Project Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph x or Article 8.1 concerning termination or cancellation. y) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. z) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. aa) Insurance: Prior to commencement of work the Contractor will provide satisfactory evidence of insurance as required in Specification Section 00900 General Insurance Requirements for Construction Contractors and Subcontractors. The Contractor shall name the Monroe County Board of County Commissioners, its employees and officials as "Additional Insured" on all policies except for Worker's Compensation. 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7.9 No Third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 7.10 Americans with Disabilities Act of 1990 (ADA) -The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.11 E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-15 Toms Harbor Bridge(#904600)Repairs Project the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article 1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated September 2025 and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Structures Plans, Kisinger Campo and Associates, signed and sealed 10/28/2024, Sheets B 1-B 31, and existing plans BX 1-BX44 9.1.6 The Addenda, if any, areas follows: September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-16 Toms Harbor Bridge(#904600)Repairs Project Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form in Section 00110. See Article 1. Remainder of Page Left Blank September 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-17 Tonis Harbor Bridge(004600) Repait-s Project IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in.counterparts, each, ofwhich shall, -without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,,FLORIDA By,-* By As,Deputy Clerk. Mayor \0100 I I II1IN Date S I ke)pl 1/�%,I Z 7.111111110 (SEAL) CJ FREYSSINET INC. PEW Attest: 01 w SEAL By: Juan Torres#0 Mcxia.Ro By:40 le) ...........la iguez 114, yyy ZoOB Title-. Contract Mminist0\o\'r Title: CEO & President MIONROE COUNTY ATTORNEY APPROVED AS TO FORM al CHRISTINE LIMBERT-SARROWS S .ASSISTANT CqU DATL tT/YSORNEY END O SECTION00500, Septeniber 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 005,0048 Docusign Envelope U :: 11946BO8,-AA42-47'07-B85A-696EE065E209 Toms Harbor art �� 4 0 ) ir �"r� " NON-COLLUSION AFFIDAVIT Juan Tetras oldie c*t 7 of Sterling , VA according to law on my oath,atid under penalty of pell.uty, deposeand say,that I am CEO &-President of the finn of Freyssinet, Inc .......... the,bidde r maki ng the Proposal�for the proj ect described in the Request for Competitive Solicitations for: TOMS H R BRIDGE(904600),REPAIRS PROJECT Monroe County A da .d that I executed the said proposal with ftillauthority d . the, prices In this i have been am*ved at independerttly without collusion, c l su tat+ 11, coin inunic tion or agreement for th.e pu c ofrestricting competition,as to aiiy inatter,relating to such process with,any other bidder or with any competitor; 1) unless otherwise requiredby law,the prices which havebeen quoted its this bid have,not been knowingly disclosed by the bidder and willnot iiowi g'y be thawed by the idd+ r � d Nvill not be knowingly disclosed b�ythe bidder prior to bid openi,ng,dhr ctl r or indirectly,to air other bidder or to any competitor,, and ,. no attempt has been made,or will be ni de y the bidder t ►indu any th r person,partnership r corporation to s t,or not to submit,abld for the rpose of'restricting competition; .. the statements, contained iti tbis affidavit are true and correct, and roads with full know1c,dgc diet Monroe Cotnity relies upon the truth of the t t n gat gat hi in this aff1davit i Signed by: awarding contraicts for said project. 23225 '%P", 04VI 7'--- ignatUre of Bidder) (Date) u, STATE OF: COUNTY OF Subscribed and sworn t r " rnied before nile, by means, f 1:1 physical p'resence or El onfine m notarization, r�r �� � �n, (date)by, e of affiant). He/She is , ersonally, known to 111e:0,117 has (nam P produced � (typeidentification) a identificati 'IWO) Corn,monwea,llh of Virginia iA 1i com, Notary Public ,2,3,54 NOT Y 'U ���� "" CommissionExpires�........... ,A A i(k vr Mission No. 1 MY coininissiron expires: Septeinber 2025 INSTRUCTIONS BIDDERS 1 - ' Docusign Envelope 1 1 , B - - ' ' - 6 , "I'Onis flarbor Bridge 0904600)Repairs Proiect LOBBYING AND CONFLICT OF INTERE ST CLAUrS SWORN STATEME4 NIT UNDER ORDINANCE NO, 010-1990 MONROE COUNTY,, FLORIDA It Freyssinet, Inc. (Cornpany) ��... warrants that it has not employed, retained or ei-wi e had act Dui its belialf atiy fortiier Cotu.ity officer or employee Dees uub e to the prohibition of Sectloti, 2 of Ordin,anccNo, 0,1.0-19,90 or any County officer or wii.ployce 111.violatloil of Sechort 3 of Ordinarice'No. -1990. For reach or violation of flits provision the County may, ii.i its,discretioji,,teniiiiiate this contract without liabifity and,may also,in its discretiori,deduct olll the jitr our purchase puke or otherwise recover,,this ftill amount n `any Bee, miiu n percentage' gift,or u siderat i paid to the,former C uutu y officer or m �l � + l y" 2 3 2�025 (Date)i STATE OF: 'V1111A COUNTY Subscribed and sworn or affirmed) before me, by means physical presence or El online notarization, on 72L(date) (name f i r . He/She is personall known, �me or has produced � � � � � (type - entific ion) as identification. w Mina Iir Commonwealth of Virginia Notary Public �. � ��� My Commisslon Commiss'llon Nlo.,0103152�54 NOTARY OBIL jff My Commission Expires. C) NOTARY PUBLIC Docus,ign,Envelope ID: 11946BO8-AA42-4707-B85A-696EE0615E209 Toms Ha rbg Bpi DRUG-FREE AC "file undersigned Contraet r n•in accordancewith Fl. Statute 287.0187 lierebly certifies that Freyssinet, Inc. (Name of Business,) Publish n t !t ment, n ti ring m l y s that the unla-7 .i i imanufacture, distribution, i p lisii,n, possession, .use, f a controlledsubstance prohibited in the workplace and, spcci�ling the actions, that w,111 be taken g in t employee "oi-viotations of such prohibition. 2. 111f0M1 SLIch employces, about t i, dangQrs, of drugabuse in the workplace, the: u stillti ''s policy of maintaining a, &it -free workplace, any available drugun , rehabilitation, and employee assistance prognruns and the penalties that rit e be imposied L11)01 t MPI.03WS for drug abuse ifi tion s. 3 Gies each employce engaged,in providing t1le commoditiesor contractuml. services that are tinder bid copy of the statement,specified in subsection(1), w ln the, t ;t nm t specified in subsection (1), n ti l the e n l y es that, s a condition of working n the comnlodities or contractual services that are mider bid,, the employee will abide by the t rtns of the statement arid will n ti ,the ciii,ploYer ofany conviction of,or plea,of g iity or nolo contendere to, any violation of Chapter 93 (florida, Statutes) off"any controlled substance law of the United States or a1 r state,,for a violation ui-ringin the workplace no later t i,-an.five ass afte,r such conviction. 5. Imposea.saii tin on or requilre the sartisfactory pat-ticiplati n i i.a drug,abuse assistance or rehabilitation p if'such is available in the employee's ���>r�mit , r any employ h i mn c vi t �, ml ,. 6. Make a,good faith effort to continue to a i uint in a dreg-free workplace through,implementation "t pis section. s a person authofized to signthe t t inent� rtif�r that:t1iis firm cot-tiplics,ftilly with the above requirements. Signed by.* ?5e2 BidjWso I Hmture TA OF COUNT : �n 'i � -'A/ ir Subscribed e n swom t r affinne ,before nie,by ni,eans of 11 pll sical presence or El online notarization, folonm w maw ate), 'r (i�ia��e ffi ant). Tle She is personally known to nie or has, produced I � <w. o (type of i entificati am as i eaitifi ati n. line Mi NotARY PUBLIC Commonwealth of Virginia Notary Public � � No,' 35 3154 Tonic Harbor Brid e,0904600)Repairs itProject UIC ENTITY CRIMEI STATE E N " Person or affiliate who as n placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services,to a, public ntity, may, not submit a n a contract with a public entity for the construction or repair of publicbuilding r public, work, may not subnlitb s on leases of real, property to public entity,' may not be awarded or perfom work as a contractor, supplier,, subcontractor,, or CONMACTOR. under a contract with any public ntity, anI may not, transact busilless with any, public entity in excess, of the threshold amount provided in Section 287.0,17, Florida statutes, for CATEGORY TWO for a period 36,months r m t ,date of being placed on the convicted ru r list." have read the above and state that neither Frp ss net I G. (Proposer'sname) nor any,Affiliate has beenplaced on the coilvicted vendor list within the last 36 n j,It s. Signed by. 232 (St ignatur (Date) STATE O idµ COUNTY Off' . Subsc bed and swore.t (or a rmed)before t , bey r e� ns �0 hysical resent r El nine t r of te�DYcl. day of w`I� 2 5 by name affiaet , He/Sheis personally known to ins or has produced Y- ����,, � ' Intifi cats as w My Commission hxpire Mina Munk Commonwealth of Virginia Notary Public ft a u I Comm'ssion, N I Y PU, . -6 "►r MY Commission Expires;# Sb11Acii,.ibcr 2025 t STRUCH NS TO BIDDERS 0 .0 1-1 Docusign Envelope ID: EE85D78F-0279-4E61-9748-29A9A919F5E9 Toes Harbor Bridge L4.9046 Repairs Project SECTION 00110 Bid Bond KNOW AL E � SE PRESENTS �. ��reyssir��et, Inc.,�44880 lc "lace,, Suite , Sterling,VA 20166 (Here insert flrll name and address or legal title ofContraotoe as Principal,hereinafter called the; riraclpal mid Western,Surety Company, 151 N. Franklin Street, Chicago, IL 00�600 (Here insert fidl name and address or legal Bile of Surety a corporation duly organized under the laws of the State of South Dakota cm herclnafte,call the Surety,are held,uid fim l �boundMonroe County Florida, e C . µ (Hero ir�e�rt ilrtl n ��i and z�t�tre or legal taitl e of Ow�� �" "'ur+� ��lrt ���� as Obligee,hereinafter called the Obligee,in the suin of Five Percent 5�% of the Total Amount Bid Dollars 5 for the payment ofwhich sum well and truly to be made,the said Principal and the said Surety,bid ourselves our heirs'., e rs executors,achninistrators,,successors g j ointly and severally,firmly by these presents, Toms Harbor Bridge 9�04000 Repairs Project EREA S,the Principal bas submitted a bid for Monroe County, Florida Flere hisert,full name.,address and clescriptioll of project) NOW,THEREFORE,if the Obligee shall accept the bid ofthe Principal and the Principal shall-eater a Contract witli the Obligee in eaccordance with the tern is of such bird,and give such bond or,bonds as may be speed i d in die biddinLy or Contract documents with good and sufficient surety for the faithful performance of such Contract and "or the prompt payment of labor and material furnished in the prosecution th rcof, or in the event of the "-a lLire o1 the Principal to enter such Co tract ,-cmd give such bond or bonds,, if the Principal shall t the bl e the difference not t x y � "� c.����1 tl�.� ���1 lea between the amount specified� � amount for which the Obligee may in good loath contract with another party to perform tWl � VQr 0 said bid,then t s obligation shall be mull and void ers oth ise to remain in full force an00 �, `OR '� ell Signed by. 3 d d ;' Dec' her -Signed by: SEALw, Freyssine,t, Inc, IC A I AAx 7�$ � 27g�cc se... Principal as7595E2a1 7o 1 7... (Title)CEO & President 2008 F1 TI_0r�� Western Surety Company lt"�Oss endra A. R , Surety Witrtes,s Surety (Seal) (Title" -in-Fact September 202 INSTRUCTIONS TO BIDDERS 001.00-l l Docusign Envelope ID: EE85D78F-0279-4E61-9748-29A9A919F5E9 epNimpany Westei i i u'rety k.,.0 POWER.OF ATTORNEY JOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All beau 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 mike,constitute and appoint Terry D Reynolds,Karen C Bowling,Dliana L:darker,Michele Alban,David Saul,In li l ually of Columbia, its true and lawful Attorney s�- -Fact with full power and authority hereby conferred to sign, scat' and execute for and on its behalfbonds, undertakings and other obligatory instruments of similar nature Unlimited punts and to bind it thereby as fully and to the same"tent 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, i"�h�irs Power of Attorney is made and executed pursuant to and by authority of the Authorizing By-Laws and Resolutions printed at the bottom of this page,duly adopted,as indicated,by the shareholders of"the corporation. In Witness''hereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed oil this 5th day of.February,2024.. 41; 0 , P��Ik��l���► Larry Kasten,Vice President eSouth Dakota County of l" inneliaaluaa ss On this 5th day ofFebruary,2024,before True personally carve Larry Kasten,to me known,who,being by rule duly sworn,did depose and say: that he resides in the City of Sioux balls,State of South Dakota;that he is a Vice President of WESTERN SURETY COMPANY described in,,and,which executed the above instrument;that lie knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal,that it was so axed pursuant to authority,given b the Board of li � Directors of said corporation acid that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires M. ENT NoKrARY PUBLIC If March� 20210 SOUTHuiAKOTA X M.Bent,Notary Public 1,Paula Kolsrud,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power ofAttorney hereinabove set Forth is still in force,and further certify that the By-Law and Resolutions of the corporation *rated belo this if�ucate , e still in force. In testimony whereof 1 have hereunto subscribed rn name d affixed the seat of the said corporation this day of WESTERN SURETY COMPANY ,. ......... Pula Kolsuruud,Assistant Secretary DN Authorizing ng By-Laws,and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company, Section'. Al l bonds,policies,undertakings, ey or other obligations of the corporation shall be executed in th.e corporate name of the ompany by Powers of Attorney,�u, . the President,Secretary,and Assistant Secretary,Treasurer,or y Vice President,or by such other officers as the bard of Directors may authorize. The President,any Vice President, Secrets any Assistant Secretary,or t w �°`� y � ,� he Treasurer may appoint Attorneys shall Have authority to issue bonds, policies, or g who y pp rat ttorne s uui Fact or agents undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings" Powers of Attorney or other obligations of the corporation, The signature ofany such,officer and the corporate seal may be printed by facsimile. This Power of Attorney is signed by Larry Kasten,Vice President;,who has been authorized pursuant to the above bylaw to execute power of attorneys on behalf of Western Surety Company, This Power of Attonie may be signed b digital signature and sealed b as digital or otherwise electronic-formatted corporate seal of the y y �' � anti �" �e s a uuider,quid by the authority of tliu« following Resolution adopted by the Board of Directors of the Company by unanimous imouus written consent dated,the 27 day of April,2022; "RESOLVED:That it is in the best interest of the Company to periodically aratify,and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital'or otherwise electronic-formatted corporate seal,each to be considered the act and deed of the Company." Go to ww ww.euuuistiret ..corau>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Farm F40r o3 IDocusign Envelope ID:11 -4707-B85A-69,BEE065E209 Toms Harbor_Bridge(004 )Repairs 'roe Bidder's s p a ce S,tate ent The,Insurance��e i"re r set or � n Section 010900 of the pr tinanual as follows: Worker's C n'Mpensati n Statutory Limits its Gen,ei-al Liability GL 7 $5,,000,000, Combined Single Litni Underground, Explosion. and Collapse (Xcu)l Vehwle Liability VL3 $5 1,,000 per person; 1 ,0010,,0010 per OCCUrrellcle (Owned, hired and $1,00,10001 Property Damage Non- owned Vehicles) or $1 000,,000 Combined Limit I understand thei*nsur ace,that will, be mati,datory if awarded the contract and will complyin full! with .All instimrs,shallhave an A.M.Best ratingof VI or better and,shall be licensed btii iness in he state of Florida. Signed si� Inc 12/03/2,025 Niame of'Busifless S gllcrltllre Date Docusign Envelope I . 1 -AA42-4707-B 5A-696EE 5E209 Tonis Rubor rid 0 Repairs Prof VENDOR CERTIFICATION ,'GARDING SCRUTINIZED COMPANIES LISTS Project scr ti r s : Toms Harbor Bridge Repairs Project #904600) Respolilident,Vendor Name: Freyssinet,, In Vendor FE, ,- 1 Vendor"s Authorized Representative Name and Title.-Chaves Was rn/ B usin ss Development Rep., Address,* 44880 alcon� Place Suite 100. City.- Sterling, Phone Number: (7'03) 3782500 Email Address,-. regl'stration@freyssin�etus,a.com Section 287.1353 for da Statutes prohibits a company from. biddilig on, submitting a proposal for,, or entering into or renewing ntr c for goods or services of any amount if, at the time of contracting, or renewal,, the company is on the Scrutinized Companies that Roycoff1srael List, created pursuant t Section 2I 5.4725, F r a Statutes, or is, engaged in a, Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering 'Into or renewing contract for goods or emcee of$1,000,000 or more, that, are on either the Scrutinized Companies with Activities in Sudan List oar the Scrutinized Companies with Activities, in the ball Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Fl n",da Statutes,, or, is engaged 'in business operations in Cuba or S a,. As the Person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respo dent Vendor Name" is not dated on the Scrutinized Companies, that Boycott Israel List or engaged,in a boycott,of Israel and for Proi ects,of$1,0001,,000 or,more is not listed on, either Scrut'inized Companies with Activities in Sudan List', the Scrutinized Companies with Activitiles 'in the Iran Petroleum Energy Sector List, or engaged"in nsi s operations in Cuba or Syn*a. understand that pursuant to Section 28 .1,35, Florida Statutes,, the submission a, false certiriciatillon may subjectcompany to civil plenalties, attorneys fees, and/or costs, I further understand that any contract with the County may e terminated,, ,t the option of the Clounty, if the company is found t have submitted,a false certification.or has been placed on the Scrutinized Companies that yc tt tassel List or engaged n a boycott of Israel or placed on the Scrutinized Companies with Activities,in Sedan List or the Scrutinized Companies with Activities in the - n Petroleum nergy Sector List orbeen engage in business operations in,, Cuba or Syria. Clealffied By. Juan Torres Who,IS authorized to sign on bi fitofithe ablove referenced company. Authorized Signature,: 41-. �?. el.14." LSM12D :, Print Name: Juan Torres, Title,: CEO & President Note:, The List are available at the following e ar rnent of Managetnent. Services Site. xv.,,d,,,nLs,.n1 I,- cacomlbusiness o1Lg-qfions/&q It �ut-lcliasLtlZ,/Nien,,doLt!lf, qlvconyi cted u ,uu ,ms .s-W___ ��w _row mm ry m � a September 2025 INSTRUCTIONS TO BIDDERS 0010043 Do ign Envelope ID:1 - - " - 5 -6 6 2 � AFFIDAVITATTESTING O NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Nees:" Freys,sUnet, I n c 'Vendor FEIM "I'll 13-412248,5- Ve !ores Authorized,e Representative.- Charles � r� Business Development Rep (Nanie,and Titte) Addres s 44 88a I co n P face, S uTits Ct Start . 1 Y S rli "Zip* 20166 Phone N'umber* (703), 378,250C) EniailAddres& registrat,to,n@fre,ysisi'�ne'tu'sa,.co,m As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Ven r is required to provide an affidavit undernalt p.er y attesting that,Vendor does n t use co rc n, for labor or servi.Ices,111 accordance wit Section 787.06I .Florida, Statutes, s defined, iti Section 8 6 2 coercion nieans, Using, r tbreating to use physical force against any person- 2., Restraintng, isolating,, or confinitig or threating to restrain) isolate, or confine any person without lawful auth rity an againsfln,,er or lits, will.;-1 3. Using lending r other credit metliods to establish a debt by any person when labor or services, are pledged as a security for tli.e debt, i the value of the labor or services as, reasonably assessed is not applied toward the liquidation the e t, the length and nature ofthe labor or wr i e are not respectively limited and defined-, 4. Destroying, concealing., removing, confiscating,' Withholding,, or possessing any actual or purported passport, visa, or other inimigi.ation document, or any other actual, or purported Wenfification,document, ofany person- government 1 5.. Causing ortht-eatening to,cause financial hami, to any person, 6. Enticing or luring any personsfraud r deceit; Or r i g acontrolled s l ta��ce as tli d in Schedule I or Schedule f Section, 89103 to any persion for the purpose f ex l itat n.ofthat person. As a, person authorized to sign on belial,f of Vendor, I certify under penalttes, of perjury that Vendor does not use coercion for labor r services in accordance with Section 787,06. Additionally, Vendor has reviewed Slection 787.061, l ri Statutes, and agrees to abide by same,, Certified BY: Juan Torres autho,fized to sign on.behalf of1lie p above r erenced, �l any. 1�'' aa ■, ■.. "i.. ? .utliori ed ignature. Pi"int Name: -Juan.-Torres Title: CEO & President Page 1 of 2 DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/19/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT WTW Certificate Center NAME: Willis Towers Watson Midwest, Inc. PHONE c/o 26 Century Blvd (A/C,No Ext: 1-877-945-7378 FAX No): 1-888-467-2378 E-MAIL P.O. Box 305191 ADDRESS. certificates@wtwco.com Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Zurich American Insurance Company 16535 INSURED INSURER B: XL Specialty Insurance Company 37885 Freyssinet, Inc. 44880 Falcon Place, Suite 100 INSURER C Sterling, VA 20166 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: W43023817 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED 500,000 PREMISES Ea occurrence $ A MED EXP(Any one person) $ 15,000 Y Y GLOO184640-10 10/01/2025 10/01/2026 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 POLICY FXPRO- -] LOC PRODUCTS-COMP/OP AGG $ 10,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 5,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y BAP0184641-10 10/01/2025 10/01/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE Y Y US00064220LI25A 10/01/2025 10/01/2026 AGGREGATE $ 10,000,000 IDEDT RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A ANYPROPRIETOR/PARTNER/EXECUTIVE IN01/ N/A Y E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? WC 0184642-10 10/01/2025 10/01/2026 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is req This Voids and Replaces Previously Issued Certificate Dated 12/19/2025 WITH ID: W4; APPROVED BY R[$K MANAGEMENT Project: Toms Harbor Bridge (#904600) Repairs Project B Duck Key DATE 12.19 25 Monroe County, Florida WAIVER NSA YES X CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners ("BOCC") AUTHORIZED REPRESENTATIVE 1100 Simonton Street Key West, FL 33040 ' ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 29075932 BATCH: 4250062 AGENCY CUSTOMER ID: LOC#: ACC'"J?" ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towers Watson Midwest, Inc. Freyssinet, Inc. 44880 Falcon Place, Suite 100 POLICY NUMBER Sterling, VA 20166 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Umbrella extends over the General Liability, Auto Liability and Employer's Liability. Certificate Holder is included as Additional Insureds as respects to General Liability and Auto Liability. General Liability, Auto Liability, and Umbrella/Excess Liability policies shall be Primary and Non-Contributory with any other insurance in force for or which may be purchased by Additional Insureds. Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability, Auto Liability, Umbrella/Excess Liability when required under written contract and Workers Compensation, as permitted by law. Umbrella is follow-form Primary policies, including Waiver of Subrogation, Additional Insured and Primary Non-Contributory. The following are named as Additional Insured(s) : Monroe County Board of County Commissioners, its employees and officials ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 29075932 BATCH: 4250062 CERT: W43023817 MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract or purchase. Contractor/Vendor: Freyssinet, LLC Project or Service: Tom's Harbor Bridge Repair Contractor/Vendor 44 8 8 0 Falcon Place, Suite 10 0 Address&Phone#: Sterling, VA 20166 General Scope of Work: Stru ctu ra l Repairs to To m's Harbor B ri d g e Reason for Waiver or No work to be performed underground or with Modification: explosives Policies Waiver or XCU Endorsement - General LiabilityModi Modification will a pply to: Signature of Requestor: Date- 12/19/25 Approved R1 Not Approved Risk Management Signature:_ 6 azt�,� /0- 17 9 Date: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: