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#05/17/2017 Agreement
t cautr� °= Kevin Madok ' cPA a • .0 Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: May 26, 2017 TO: Debbie Lofberg Executive Administrator Planning, Code Compliance & Building Department FROM: Pamela Hanco k, .C. SUBJECT: May 17 BOCC Meeting Attached is a duplicate original, of each of the below, for your handling. H9 4 -year continuing services Contract, with options for renewal on an annual basis for two additional years, with AECOM Technical Services, Inc. for Transportation Planning Services. H10 Work Order #001 in the amount of $50,000.00 under the new Transportation Planning Services Contract with AECOM Technical Services, Inc. Contract funded at 87.5% ($43,750.00) through a Joint Participation Agreement from the Florida Department of Transportation. The county's share for this work order is $6,250.00. H11 Work Order #002 in the amount of $50,000.00 under the new Transportation Planning Services contract with AECOM Technical Services, Inc., for the review of private development permit applications. Should you have any questions, please feel free to contact me at extension 3130. cc: County Attorney Finance KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305- 294 -4641 305 - 289 -6027 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305- 852 -7145 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ENGINEER THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ENGINEER (the "Contract" or "Agreement ") is made and entered into by Monroe County ( "Owner" or "County "), a political subdivision of the State of Florida, whose address is 1 100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board Of County Commissioners ( "BOCC "), and AECOM Technical Services. Inc. the ( "Engineer "), whose address is 7800 Congress Avenue Suite 200 Boca Raton FL 33467, its successors and assigns on the I I I day of , 2017. This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g). The professional services required by this Contract are to be rendered for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00). The parties shall enter into a separate task order for each study awarded to the Engineer by the Owner. The specific services to be performed under these separate contracts will be determined by the Owner and agreed to by the Engineer. Each separate contract will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific task order. The professional services required by this contract will be for services in the form of a continuing contract, commencing on the effective date of this contract and ending four years thereafter, with options for Owner to renew on an annual basis for two additional years. The terms and conditions of this Contract shall apply to any task order or separate contract, if required, unless expressly modified in the provisions of the separate contract. Where the terms of this Contract differ from the terms of the separate contract, the terms of the separate contract shall take precedence. The separate contract will contain its specific scope of work and it is anticipated by this Contract that the scope of work in the separate contract will be in addition to the scope of work outlined in this Contract NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Engineer agree: Contract for Transportation Planning Services Page 1 of 15 FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, Engineer makes the following express representations and warranties to the Owner: 1.1.1 The Engineer is a professional qualified to act as the Engineer for the assignment and is licensed to practice Engineering by all public entities having jurisdiction over the Engineer and the assignment; 1.1.2 The Engineer shall maintain all necessary licenses, permits or other authorizations necessary to act as Engineer for the assignment until the Engineer's duties hereunder have been fully satisfied; 1.1.3 The Engineer shall prepare all documents that may be developed under this Contract including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable laws, codes and regulations. The Engineer warrants that any documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the task order, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The Engineer assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employment as Engineer of Record. 1.1.5 The Engineer's services shall be performed as expeditiously as is consistent with normal and customary standard of professional skill and care and the orderly progress of the Work. The Engineer shall submit, for the Owner's and Monroe County Planning and Environmental Resources Department information, a schedule for the performance of the Engineer's services which may be adjusted as task order proceeds if approved by the Owner, and shall include allowances for periods of time required for the Owner's and Monroe County Planning and Environmental Resources Department's review, and for approval of submission by authorities having jurisdiction over the task order. Time limits established by this schedule and approved by the Owner may not be exceeded by the Engineer except for delay caused by events not within the control of the Engineer or foreseeable by him. 1.1.6 In providing all services pursuant to this agreement, the Engineer shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the Engineer. Contract for Transportation Planning Services Page 2 of 15 ARTICLE II SCOPE OF ENGINEER'S BASIC SERVICE 2.1 DEFINITION Engineer's Basic Services consist of: Task 1 - Annual US 1 Arterial Travel Time and Delay Studies 1. Purpose The travel time studies will be used to monitor the level of service on US 1 based on Monroe County Comprehensive Plan Policies and Land Development Codes for concurrency management purposes pursuant to Chapter 163, Florida Statutes. The studies will be conducted in accordance with the methodology that was developed by the US 1 LOS Task Force and approved by the County, the Florida Department of Transportation, and the Florida Department of Community Affairs. 2. Minimum Activities to Complete Study A. Using the floating car method, the County will record travel time, speed, and delay data for: a. Each of the 24 segments of US I from Florida City to Stock Island, and b. The length of US 1 from Miami -Dade County line to Cow Key Channel. B. The data will be recorded by date, day of week, time of day, and direction. C. The study will be conducted over 14 days within the six -week period from February 15 to March 31. The study will consist of 14 round trip runs, sampling each day of the week twice. D. The study schedule will be coordinated with seven -day, 24 -hour traffic counts to be conducted by FDOT in Islamorada, Marathon, and Big Pine Key. E. The study will employ the staggered schedule of departure times previously approved by the Task Force so as to record peak hour conditions in as many different locations as possible. F. The study results will be summarized in a report format including a series of tables and graphs. A statistical analysis of the mean, median, standard deviation, and range of speeds for each segment and for the overall distance will be provided. Excess roadway capacity and deficiencies in capacity will be reported. Task 2 - General Transportation Planning Assistance 1. Purpose The purpose of this task is to provide assistance to the Monroe County Planning and Environmental Resources Department staff for the purpose of maintaining and updating the Contract for Transportation Planning Services Page 3 of 15 Long Range Transportation Plan, to ensure that transportation concurrency requirements are met by public and private development, and other tasks necessary to maintain a high level of coordination between land use planning and transportation planning activities in the Florida Keys. This task will provide assistance for general transportation planning and analysis activities, including data collection and technical support. 2. Activities The transportation planning consultant will provide assistance to Monroe County Planning and Environmental Resources Department in the following areas: A. Review of private development site plans for internal traffic flows and access; B. Preparation of traffic impact reports; C. Review of access management issues; D. Development of access management plans; E. Origin- destination studies; F. Attendance at appropriate public meetings and hearings; G. Trip generation rates for land uses; H. Provision of review comments on relevant transportation documents prepared by other agencies; I. Review of transportation element of reports and plans prepared by County staff in support of the comprehensive plan amendments; J. Systems planning analysis (including running the FSUTMS model or other transportation planning models deemed as appropriate by Client and Consultant; K. Reevaluation of the level of service methodology for US 1; and L. Special transportation projects to implement the comprehensive plan. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Owner as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the Owner before commencement, and as follows: A. Providing services of Engineer for other than the previously listed consulting scope of Project provided as a part of Basic Services. B. Providingany other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting Contract for Transportation Planning Services Page 4 of 15 practice. C. Providing representation before public bodies in connection with the task order, upon approval by the Owner. 3.2 If Additional Services are required, such as those listed above, the Owner shall issue a letter requesting and describing the requested services to the Engineer. The Engineer shall respond with fee proposal to perform the requested services. Only after receiving an amendment to the task order and a notice to proceed from the Owner proceed with the Additional Services. ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The Owner shall designate Monroe County Planning and Environmental Resources Department to act on the Owner's behalf with respects to the task orders. The Owner or Monroe County Planning and Environmental Resources Department shall render decisions in a timely manner pertaining to documents submitted by the Engineer in order to avoid unreasonable delay in the orderly and sequential progress of the Engineer's services. However, the parties acknowledge that due to Monroe County Policy, Ordinances or State or Federal Statute there may be times when a decision must be made by the BOCC, in which case any delay shall not be attributed to Monroe County or its representative. 4.2 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Engineer's services and work of the contractors. 4.3 The Owner's review of any documents prepared by the Engineer or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's criteria, as and if, modified. No review of such documents shall relieve the Engineer of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 Pursuant to Section 725.08 of the Florida Statutes, the Engineer covenants and agrees to indemnify and hold harmless Owner /Monroe County and Monroe County Board of County Commissioners from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Engineer or its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Engineer, their employees, or agents. 5.2 The first ten dollars ($10.00) of remuneration paid to the Engineer is for the indemnification provided for above. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Engineer, the Engineer agrees and warrants that he shall hold the County harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the County's behalf. Contract for Transportation Planning Services Page 5 of 15 5.3 In the event the completion of the task assignment is delayed or suspended as a result of the Engineer's failure to purchase or maintain the required insurance, the Engineer shall indemnify County from any and all increased expenses resulting from such delays. Should any claims be asserted against County by virtue of any deficiencies or ambiguity in the plans and specifications provide by the Engineer the Engineer agrees and warrants that Engineer hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the County's behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI 6.1 PERSONNEL The Engineer shall assign only qualified personnel to perform any service concerning the project. ARTICLE VII 7.1 PAYMENT: Compensation shall be made according to the rates in Attachment No. 1. Payment shall be made according to the Florida Local Government Prompt Payment Act. Claims for payment are deemed received upon receipt by the Clerk of Court for payment. All invoices shall be detailed enough to show the task performed, the services rendered, and the amount due with all appropriate documentation indicating personnel and hours worked. 7.2 REIMBURSABLE EXPENSES Reimbursable expenses (travel, meals, mileage, or other expenses) are not allowed as part of this contract. 7.3 BUDGET: 7.3.1 The Engineer may not be entitled to receive, and the County is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year (October 1- September 30) by County's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the County's Board of County Commissioners. 7.3.2 AVAILABILITY OF FUNDS If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this Contract or in the separate contracts for individual projects, the agreement may be terminated immediately at the option of the County by written notice of termination delivered to the Engineer. The County shall not be obligated to pay for any services provided by the Engineer after the Engineer has received written notice of termination, unless otherwise required by law. 7.3.3 The County does not guarantee Engineer any specific amount of work under Contract for Transportation Planning Services Page 6 of 15 this agreement. The parties shall enter into a task order for each assignment awarded to the Engineer by the County. The specific services to be performed under these separate task orders will be determined by the County and agreed to by the Engineer. Each separate task order will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract. 7.3.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the transportation funding agency, the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII 8.1 APPLICABLE LAW This contract is governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and performed entirely in the State. Venue for any mediation, dispute conferences or litigation arising under this contract must be in Monroe County, Florida. The Parties waive their rights to a trial by jury. ARTICLE IX 9.1 SUCCESSORS AND ASSIGNS The Engineer shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the Owner. The Owner and Engineer, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. ARTICLE X NO THIRD PARTY BENEFICIARIES AND INDEPENDENT CONTRACTOR RELATIONSHIP 10.1 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, between the parties which creates or gives rise to any rights in favor of, any third party. 10.2 INDEPENDENT CONTRACTOR RELATIONSHIP The Engineer is and shall be an independent contractor in the performance of all work, services, and activities under this Agreement and is not an employee, agent or servant of the County. The Engineer shall exercise control over the means and manner in which it and its employees perform the work and in all respects the Engineer's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. The Engineer does not have the power or authority to bind the County in any promise, agreement or representation other than such power and authority that is specifically provided for Contract for Transportation Planning Services Page 7 of 15 in this Agreement. ARTICLE XI 11.1 INSURANCE The Engineer shall maintain insurances in accordance with Attachment No. 2. ARTICLE XII TERMINATION 12.1 Either party hereto may terminate this contract prior to expiration upon giving seven (7) days written notice to the other in the event that such other party negligently or for any reason substantially fails to perform its material obligations set forth herein. No termination expenses shall be paid by the Owner after the date of notice of termination. 12.2 The Owner may terminate this Contract without cause by giving the other party thirty (30) days written notice of its intention to do so. Termination expenses shall include expenses available under the contract through the date on the notice of termination and shall not include any additional services required in order to stop performance of services, unless agreed to in writing by the County and subject to audit for the purpose of verification. ARTICLE XIII ENTIRE AGREEMENT 13.1 This contract constitutes of the form of agreement, the exhibits that are attached and made a part of the contract, the response document, and the documents referred to in the form of agreement as a part of this contract. In the event any conflict between any of those contract documents, the one imposing the greater burden on the Engineer will control. 13.2 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 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 property to public entity, may not be awarded or perform work as a 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Contract for Transportation Planning Services Page 8 of 15 ARTICLE XIV 1 11 UUNAMILTO Pill V Low 14.1 County and Engineer agree that all disputes and disagreements shall first be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be submitted to mediation before a mediator mutually agreed to by the parties. The cost of mediation shall be shared equally. The parties agree that mediation is a condition precedent to the institution of legal or equitable proceedings by either party. Request for mediation shall be in writing and sent to the other party. The parties shall agree on a mediator to hear the dispute. 14.2 Mediation shall be held in Monroe County, Florida in a location in Key West; the location may be moved only by mutual agreement of the parties. 14.3 Agreements reached in mediation shall be reduced to writing and signed by t he representative of each party; however, agreements must be approved by the Board of County Commissioners to be enforceable. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction in Monroe County. 14.4 Nothing in this Agreement shall be construed to interfere with a subsequent order from any court of competent jurisdiction ordering the parties to enter into mediation after institution of legal or equitable proceedings. 14.5 Arbitration is specifically rejected by the parties as a method of settling disputes which arise under this agreement; neither of the parties shall be compelled by the other to arbitrate a dispute which may arise under this Agreement. ARTICLE XV _I 1 Y)►/� 1�.7 9[1111 1.7 flu I �1►Y K� 15.1 The following items are part of this contract: a) Engineer 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 Engineer pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Engineer shall repay the monies together with interest calculated pursuant to F.S. Sec. 55.03, running from the date the monies were paid to County. b) 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. Contract for Transportation Planning Services Page 9 of 15 In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Engineer agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to a trial by jury. The County and Engineer agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, pursuant to this agreement. c) 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 Engineer 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. d) Attorney's Fees and Costs The County and Engineer 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 expenses, as an award against the non- prevailing party, and shall include attorney's fees and courts costs expenses in appellate proceedings. e) Binding Effect The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Engineer and their respective legal representatives, successors, and assigns. f) 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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid Engineer 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; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements County and Engineer agree that all disputes and disagreements shall be attempted to be resolved under Section XVI of this agreement. If no resolution can be agreed upon within 30 days after mediation, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Contract for Transportation Planning Services Page 10 of 15 i) Cooperation In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of t h is Agreement, County and Engineer 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 Engineer specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination Engineer 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. Engineer or County agree 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 patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 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. 1201 Note), as maybe amended from . time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest Engineer and County 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. 1) 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 1 12.313, Florida Statutes, re g a rd i n g, b u t n o t l i m i t e d t o, 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. Contract for Transportation Planning Services Page 11 of 15 m) No Solicitation/Payment The Engineer and County 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 Engineer 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. n) Records - Access and Audits Pursuant to F.S. 119.0701, the Engineer shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the County's custodian of public 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 Florida Statutes, Chapter 119 or as otherwise provided by law. c. 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 Engineer does not transfer the records to the County. d. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Engineer or keep and maintain public records required by the County to perform the service. If the Engineer transfers all public records to the County upon of completion of the contract, the Engineer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Engineer keeps and maintains public records upon completion of the contract, the Engineer 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. IF THE ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292- 3470, bradlev- brian(a;mon roe county -fl. ov , c/o Monroe County Attorney's Office, 1111 12 St., Suite 408, Key West FL 33040. o) Non - Waiver of Immunity Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of the Engineer and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or Contract for Transportation Planning Services Page 12 of 15 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. p) Privileges and Immunities All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and 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. q) 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. r) 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 Engineer and the County agree that neither the Engineer nor the County 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. s) Attestations Engineer 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. t) 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 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. u) Americans with Disabilities Act of 1990 (ADA) The Engineer will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Engineer pursuant thereto. v) Disadvantaged Business Enterprise (DBE) Policy And Obligation It is the policy of Contract for Transportation Planning Services Page 13 of 15 the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Engineer agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and the Engineer and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. w) 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. x) 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. y) Force Majeure An event of "Force Majeure" happens when an event beyond the control of the party claiming Force Majeure prevents such party from fulfilling its obligations. An event of Force Majeure includes, without limitation, acts of God (including floods, hurricanes and other adverse weather), war, riot, civil disorder, acts or threatened acts of terrorism, disease, epidemic, strikes and labor disputes, actions or inactions of government or other authorities, law enforcement actions, curfews, closure of transportation systems or other unusual travel difficulties, or inability to provide a safe working environment for employees. In the event of Force Majeure, the obligations of Engineer to perform the services shall be suspended for the duration of the event of Force Majeure. Contract for Transportation Planning Services Page 14 of 15 'lVf -TNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first above written. a-t ,t SEA[) i r i BOARD OF COUNTY COMMISSIONERS At�s@: KfiN,11;1ADOK, Clerk OF MONROE COUNTY, FLORIDA y ^'`r � .>� By: �' S Deputy Clerk Mayor /Chairman Date: jo/� 2) WI TN TO Engineer's Signature: By: WITNESS Signature 06-A-CIWA- VCC-&s �t Z Print Witness Name Date: T - 6(0 - a0 / I Contract for Transportation Planning Services Page 15 of 15 Date: 0 5'11712-° 17 L CD N T CGPcQ l C A s�LV tCe& t C o � Q (INSERT NAME of En 'nee p J N U - U-j = )� By: Uo Signature of Corpora e O LA- N v O Q v � J o Print Name of Corporate Agent Date: - x}0 1) WITNESS TO Engineer's Signature: MOW COUNTY ATTORNEY J � Y S TQ -FORM By: Data: , WI SS Signature �i - 3 E G Print Witn ss Name Date: jo/� 2) WI TN TO Engineer's Signature: By: WITNESS Signature 06-A-CIWA- VCC-&s �t Z Print Witness Name Date: T - 6(0 - a0 / I Contract for Transportation Planning Services Page 15 of 15 Attachment No. 1 HOURLY FEES Position Billing Rate (in Dollars) Initial Contract Optional Extensions 0610212017 to 6130/2018 0710112018 to 613012019 0710112019 to 613012020 07101/2020 to 613012021 07101/2021 to 6/30/2022 07101/2022 to 613012023 Project Manager $259.31 $267.09 $275.10 $283.36 3291.86 $300.61 Senior Transportation Engineer /Planner $204.30 $210.43 $216.74 $223.24 $229.94 $236.84 Transportation Engineer /Planner $111.71 $115.06 $118.52 $122.07 S125.73 $129.51 CADD /Graphic Technician $93.73 $96.54 $99.43 $102.42 5105.49 $108.65 Clerical $64.15 $66.08 $68.06 $70.10 S72.21 $74.37 Public Information Officer $110.00 $113.30 $116.70 $120.20 $12381 5127.52 Assistant Public Information Officer $70.00 $72.10 $74.26 $76.49 $78.79 $81.15 Attachment No. 2 RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre - requisite of the work governed, or the goods supplied under this contract (including the pre- staging of personnel and material), the Engineer shall obtain, at his /her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Engineer will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Engineer. As an alternative, the Engineer may require all Subcontractors to obtain insurance consistent with the attached schedules. The Engineer will not be permitted to commence work governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Engineer to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Engineer's failure to provide satisfactory evidence. The Engineer shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Engineer to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Engineer's failure to maintain the required insurance. The Engineer will be held responsible for all deductibles and self insured retentions that may be contained in the Engineer's Insurance policies. The Engineer shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and /or approval of the Engineer's insurance shall not be construed as relieving the Engineer from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT FOR PROFESSIONAL SERVICES BETWEEN MONROE COUNTY, FLORIDA AND AECOM Technical Services, Inc. Prior to the commencement of work governed by this contract, the Engineer shall obtain Commercial General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT FOR PROFESSIONAL SERVICES BETWEEN MONROE COUNTY, FLORIDA AND AECOM Technical Services, Inc. Recognizing that the work governed by this contract requires the use of vehicles, the Engineer, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non- Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT FOR PROFESSIONAL SERVICES BETWEEN MONROE COUNTY, FLORIDA AND AECOM Technical Services, Inc. Prior to the commencement of work governed by this contract, the Engineer shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable Workers' Compensation state statutes and the requirements of Florida Statute 440. In addition, the Engineer shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Engineer has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Engineer's status. The Engineer may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Engineer's Excess Insurance Program. If the Engineer participates in a self - insurance fund, a Certificate of Insurance will be required. In addition, the Engineer may be required to submit updated financial statements from the fund upon request from the County. PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT FOR PROFESSIONAL SERVICES BETWEEN MONROE COUNTY, FLORIDA AND AECOM Technical Services, Inc. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Engineer shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Engineer arising out of work governed by this contract. The minimum limits of liability shall be: $1,000,000 per Occurrence /$2,000,000 Aggregate ACOIR� V CERTIFICATE OF LIABILITY INSURANCE DATE ( 0 YYY) 04/21/2 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 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 Marsh Risk & Insurance Services CA License #0437153 CONTACT NAME: PH Ext : FAX No) E -MAIL ADDRESS: 777 South Figueroa Street Los Angeles, CA 90017 COMMERCIAL GENERAL LIABILITY Attn: LosAngeles.CertRequest @Marsh.Com INSURER(S) AFFORDING COVERAGE NAIC 9 INSURER A ; Zurich American Insurance Company 16535 06510 - STND - GAUE -17 -18 04 2017 INSURED AECOM INSURER B : N/A N/A INSURER C : Illinois Union Insurance Co 27960 AECOM Technical Services, Inc. INSURER D : 7800 Congress Avenue, Suite 200 Boca Raton, FL 33487 $ 1,000,000 MED EXP (Any one person) INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: LOS- 002068913 -01 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. 1 LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER PO DDYIYYYY MM DDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLO596589109 04/01/2017 04/01/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 GEN'L X POLICY PRO ❑ LOC JECT PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY BAP 596589309 04/01/2017 04/01/2018 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS APPRO RIS ANAGEME PROPERTY DAMAGE Per accident $ $ BY T UMBRELLA LIAB OCCUR DA EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WAIVER WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? N/A I STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ C ARCHITECTS & ENG. EON G21654693 04/01/2017 04/01/2018 Per Claim /Agg 2,000,000 PROFESSIONAL LIAB. "CLAIMS MADE" Defense Included DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Monroe County Board of County Commissioners, its employees and officials are named as additional insured for GL & AL coverages, but only as respects work performed by or on behalf of the named insured where required by written contract. Contractual Liability is included in the General Liability coverage. CERTIFICATE HOLDER CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Planning & Environmental Resources Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2798 Overseas Highway, Suite 400 ACCORDANCE WITH THE POLICY PROVISIONS. Marathon, FL 33050 AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services James L. Vogel @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD / 0 ACORV CERTIFICATE OF LIABILITY INSURANCE 1 11.� L/1/2018 1 DATE (MM/DD/YYYY) 4/20/2017 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 Lockton Insurance Brokers, LLC CONTACT NAME: PHONE FAx A/C No Ext : AIC No): 725 S. Figueroa Street, 35th Fl. CA License #OF15767 Los Angeles CA 90017 E -MAIL ADDRESS: COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR (213) 689 -0065 INSURERS AFFORDING COVERAGE NAIC # INSURER A: * * * SEE ATTACHMENT EACH OCCURRENCE $ XXXXXXX INSURED AECOM 1392522 AECOM Technical Services, Inc. INSURER B: $ XXXXXXX INSURER C: MED EXP (Any one person) INSURER D: 7800 Congress Ave., Ste. 200 Boca Raton FL 33487 INSURER E: INSURER F: COVERAGES AECTE01 CERTIFICATE NUMBER: 14634R49 REVISION NUMBER: XXXXXXX 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 LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM POLICY EFF DDIYYYY MMLDDNYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX DAMAGE PREM SES� a occu ence $ XXXXXXX MED EXP (Any one person) $ XXXXXXX PERSONAL & ADV INJURY $ XXXXXXX AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX GEN'L POLICY PRO- ❑ JECT LOC PRODUCTS - COMP /OP AGG $ XXXXXXX $ OTHER: AUTOMOBILE LIABILITY NOT APPLICABLE EO aBINEDISINGLE LIMIT $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX ANY AUTO O WNED AUTOS ONLY AUTOSULED BODILY INJURY (Per accident) $ xxx}(xxx Pe ac ide DAMAGE nt) $ XXXXXXX HIRED AUTOS ONLY AUUTOS ONL $XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ XXXXXXX A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY OFFICERIMEMBER/EXCLUDED ECUTIVE (Mandatory in NH) NIA N SEE ATTACHED ACORD 101 1/1/2017 l /l/2018 PER 0 H- X STATUTE ER E.L EACH ACCIDENT $ 1, 000 , 000 E.L. DISEASE - EA EMPLOYEE $ 1 , 000, 000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1, 000,000 I I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Notice of Cancellation applies per attached endorsement. A PR E ' Y ISK MA GEMENT BY DATE_ ' WAIVER N/A ES_ CERTIFICATE HOLDER CANCELLATION See Attachments 14634849 Monroe County Board of County Commissioners Attn: Rick o n Administrator 1 100 Ric O n St. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33040 AUTHORIZED REPR ACORD 25 (2016103) ©1588- 2015ACMD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 101 Policy # Issuing Company State(s) Covered 0910715 The Insurance Company of the State of Pennsylvania - NAIC #19429 OH 014629409 The Insurance Company of the State of Pennsylvania - NAIC #19429 FL 014629410 The Insurance Company of the State of Pennsylvania - NAIC #19429 ME 014629404 The Insurance Company of the State of Pennsylvania - NAIC #19429 IL,KY 014629408 The Insurance Company of the State of Pennsylvania - NAIC #19429 MA,ND,OH,WA,WI,WY 014629406 American Home Assurance Company - NAIC #19380 CA 014629407 The Insurance Company of the State of Pennsylvania - NAIC #19429 AK, AL, AR, AZ, CO, CT, DC, DE, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, MI, MN, MO, MS, MT, NC, NE, NH, NJ, NM, NV, NY,OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WV 014629403 The Insurance Company of the State of Pennsylvania - NAIC #19429 IL,WA - NWP Entity Only 014629405 The Insurance Company of the State of Pennsylvania - NAIC #19429 CO,ID,NM,SC,TN - NWP Entity Only 014629411 The Insurance Company of the State of Pennsylvania - NAIC #19429 TN - project specific policy for CH2M Oak Ridge, LLC 014629412 The Insurance Company of the State of Pennsylvania - NAIC #19429 NV Combat Support Services Miscellaneous Attachment: M503712 Master ID: 1392522, Certificate ID: 14634849 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 1/1/2017 forms a part of Policy No. SEE ATTACHED ACORD 101 Issued to AECOM AECOM Technical Services, Inc. By * ** SEE ATTACHMENT * ** LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non - payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided the Insurer, either directly or through its broker of record, either: (a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b) the email address of a contact at each such entity; and 3. prior to the effective date of cancellation, the Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation (the "Advice ") to each such Certificate Holder(s) confirmed by the Named Insured in writing to be correctly a part of the Schedule within 30 days after the Named Insured confirms the accuracy of the Schedule below, with the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the Named Insured in writing, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 (Ed. 04/11) Attachment Code: D461827 Master ID: 1392522, Certificate ID: 14634849