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Item K02 K.2 County �� .�� y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 `ll Mayor Pro Tem David Rice,District 4 -re Florida.Keys �� Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting February 17, 2021 Agenda Item Number: K.2 Agenda Item Summary #7770 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 10:30 AM AGENDA ITEM WORDING: Approval of the First Amendment to the Continuing Services Contract with the transportation engineering firm AECOM Technical Services, Inc., for Transportation Planning Services Extending the Agreement for One (1) Year to Allow for Completion of the U.S. 1 Arterial Time Travel and Delay Study and the Transportation Master Plan. The time extension will extend the current contract to May 17, 2022. ITEM BACKGROUND: The Monroe County Board of County Commissioners ("Monroe County", "Board", or the "County") entered into a four-year contract for professional services with AECOM Technical Services, Inc. ("AECOM" or the "Engineer") on May 17, 2017. The operative contract provides that the parties may enter into a one-year extension(s), of which this is the first. AECOM requested for an extension to the contract on September 30, 2020. AECOM's transportation planning services under the contract include but are not limited to completion of the biennial U.S. 1 Arterial Travel Time and Delay Study ("ATTDS"); assistance is provided for private development review; maintenance and updates to the long-range transportation plans, comprehensive plan and/or land development code, as necessary; coordination between land use and transportation planning in the Florida Keys; and traffic impact studies, concurrency management, and other traffic/transportation engineering services. Approval of this Amendment No. 1 to the contract will facilitate the timely completion of the U.S. 1 ATTDS and the pending Transportation Master Plan, in addition to providing for continued review of development applications, assistance with general transportation planning tasks, and the completion of various planning studies. The Joint Participation Agreement ("JPA") GIA71 with the Florida Department of Transportation provides the funding for Monroe County's transportation planning program, including for the subject contract. The County is responsible for a 12.5% match. All work under this contract is approved by the Board of County Commissioners through separate, individual task orders; therefore, extension of this Amendment No. I to the contract does not have a dollar value. Packet Pg. 1798 K.2 PREVIOUS RELEVANT BOCC ACTION: May 17, 2017 - Board approval of a 4-year continuing service contract with AECOM through May 17, 2021, including options to renew on an annual basis for two (2) additional years. March 15, 2017 - Approval of consultant selection and negotiations for Continuing Services Contract with AECOM Technical Services, Inc. November 2016 - Approval to advertise Request for Qualifications (RFQ) for Transportation Planning Services. November 2016 - Approval of third option to renew Continuing Services Contract through June 1, 2017 with URS. January 2016 - Approval of second option to renew Continuing Services Contract through March 15, 2017 with URS. January 2015 - Approval of first option to renew Continuing Services Contract through March 15, 2016 with URS. February 16, 2011 - Approval of a 4-year continuing services contract, with options for renewal on an annual basis for two additional years, with URS Corporation Southern ("URS") for Transportation Planning Services. CONTRACT/AGREEMENT CHANGES: Extend for 1 year STAFF RECOMMENDATION: Approval DOCUMENTATION: 2017-Executed Contract for Transportation Services AECOM Certificate of Ins._Aprvd 1st Amendment AECOM_FINAL_02.09.2021 FINANCIAL IMPACT: Effective Date: 02/17/21 Expiration Date: 05/17/2022 Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: 125-50519-530490-GW1901-530310 (FDOT JPA G1A71) CPI: Packet Pg. 1799 K.2 Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: JPA G1A71 County Match: 12.5% Insurance Required: Yes Additional Details: Joint Participation Agreement(JPA) G1A71 with the Florida Department of Transportation (FDOT) provides funding for Monroe County's transportation planning program of$600,000 through June 30, 2022. 11/22/16 NEW COST CENTER ADDED $50,000.00 REVIEWED BY: Emily Schemper Completed 02/01/2021 1:39 AM Peter Morris Completed 02/02/2021 4:03 AM Assistant County Administrator Christine Hurley Completed 02/02/2021 10:19 AM Purchasing Completed 02/02/2021 10:22 AM Budget and Finance Completed 02/02/2021 10:31 AM Risk Management Completed 02/02/2021 10:47 AM Liz Yongue Completed 02/02/2021 11:13 AM Board of County Commissioners Pending 02/17/2021 9:00 AM Packet Pg. 1800 K.2.a 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 1100 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 7800 Con ress Avenue Suite 200 Boca Raton FL 33467, its successors and assigns on the day of 1Y 12017. 0 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 v, 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. 4ach 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. o The professional services required by this contract will be for services in the form of a continuing 0. 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. 0 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 0 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 x LY 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 Packet Pg. 1801 K.2.a FORM OF AGREEMENT AHIICLE 1 1.1 REPRESENTATIONS AND WARRANTIES: By executing this Contract, Engineer makes the following express representations and warranties to the Owner: 0 e 1.1.1 The Engineer is a professional qualified to act as the Engineer for the assignment and is Iicensed to practice Engineering by all public entities having jurisdiction over the Engineer and the Lu assignment; 0 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; 0 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. 0. 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. LY 1.1.6 In providing all services pursuant to this agreement, the Engineer shall abide by all N 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 Packet Pg. 1802 K.2.a 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: c, 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: `- c 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 ]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 lslamorada, 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. LY 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 `V 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 Packet Pg. 1803 K.2.a 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; o 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 r prepared by other agencies; o 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 x ADDITIONAL SERVICES: l 3.1 GENERAL: t f 3.1.1 The services described in this Article III are not included in Basic Services. They shall be i 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, t 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 F Packet Pg. 1804 K.2.a 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. e OW]yE&5 HESPONSIRILITIEESS: 0 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. 0 4.3 The Owner's review of any documents prepared by the Engineer or its consultants shall be y 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 i i INDEMNIFICATION AND HOLD HARMLESS: i a 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 LY Commissioners from any and all claims for bodily injury, including death, personal injury, and f property damage, including property owned by Monroe County, and any other losses, damages, t 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), m occasioned by the negligence, errors, or other wrongful act or omission of the Engineer,their e 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 I thereby and shall further defend any claim or action on the County's behalf. Contract for Transportation Planning Services Page 5 of 15 Packet Pg. 1805 K.2.a 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 0 requirements contained elsewhere within the Agreement. U 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 0 ARTICLE VI 6.1 PERSONNEL: a X The Engineer shall assign only qualified personnel to perform any service concerning the project. ARTICLE VII e 7.1 PAYMENT: Compensation shall be made according to the rates in Attachment No. 1. Payment shall be made r_ 0 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 y documentation indicating personnel and hours worked. 7.2 REIMBURSABLE EXPENSES: e Reimbursable expenses(travel,meals, mileage, or other expenses)are not allowed as part of this contract. 0 o 7.3 BUDGET: e 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 N 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 Packet Pg. 1806 K.2.a 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. AH11CLE WIT 8.1 APPLICABLE LAW: 0 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 o 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. 0 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. cv 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 j 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 I i Packet Pg. 1807 K.2.a in this Agreement. ARTICLE X1 11.1 INSURANCE: The Engineer shall maintain insurances in accordance with Attachment No. 2. ARTICLE XII 0 TERMINATION: Lu 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. x 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 W 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 0 ENTIRE AGREEMENT: 0 0. 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 LU 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 cv ; vendor list. i i i i Contract for Transportation Planning Services Page 8 of 15 E Packet Pg. 1808 K.2.a ARTICLE XIV DISPUTE RESOLUTION: 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 LU hear the dispute. 0 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 the 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 y dispute which may arise under this Agreement. ARTICLE XV ADDITIONAL REOUIREMENTS: 0 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 LY 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 N 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 c, 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 shal I 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 Packet Pg. 1809 K.2.a 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. 0 U 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 Lu 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; o 0 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 0 shall be entitled to reasonable attorney's fees and court casts 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 x agreement freely, voluntarily and with advice of counsel. LU � r g) Claims for Federal or State Aid: Engineer and County agree that each shall be, `N 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. i h) Adiudication_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 i any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. i Contract for Transportation Planning Services Page 10 of 15 R Packet Pg. 1810 K.2.a 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 c, against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement o 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 Es abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of I970 (PL 91-616), as amended, relating to nondiscrimination y 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 e� 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. x LY 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 N degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m 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 asdelincated in Section 1 12.313, Florida Statutes, r e g a r d i n g, b u t n o t I 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 1 I of 15 Packet Pg. 1811 K.2.a 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. U Lu n) Records -Access and Audits: Pursuant to F.S. 119.0701,the Engineer shall comply o 0 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. y 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 LY systems of the County. r� cv 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?monroecounty-fl. ov, c/o Monroe County Attorneys 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 Packet Pg. 1812 K.2.a 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 U Lu territorial limits of the County. 0 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 e 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 y 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. 0 c, 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. LY 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 N 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. e 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 Packet Pg. 1813 K.2.a 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. U LU w) Execution in Counterparts: This Agreement may be executed in any number of o 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 x) Section HeacljM; 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 Maieure: An event of"Force Majeure"happens when an event beyond the °' 3 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 i or threatened acts of terrorism, disease, epidemic, strikes and labor disputes, actions or 0. in inactions of government or other authorities, law enforcement actions, curfews,closure of transportation systems or other unusual travel difficulties, or inability to provide a e� i safe working environment for employees. In the event of Force Majeure,the 0 `• obligations of Engineer to perform the services shall be suspended for the duration of the event of Force Majeure. 0 LU G) P k r � i c � s 1 l Contract for Transportation Planning Services Page 14 of 15 F T Packet Pg. 1814 K.2.a :' tFNESS WHEREOF,each party caused this Agreement to be executed by its ' duly authorized representative on the day and year first above written. sr� BOARD OF COUNTY COMMISSIONERS ' (SEAL. x r es�,: ffiMADOK, Clerk OF MONROE COUNTY,FLORIDA B AM Deputy Clerk Mayor/Chairman r 7 � j Date: °� 1 f 7 0 AFNTI---CD�A Tf:G0co l C iok o a (INSERT NAME of En 'nee o cv* CIE-- `'Z By:. N CaCU.� Signature of Corpora Q e W to. -jw / 2 Print Name of Corporate Agent f" Date: - �' I►-� 1) WITNESS TO Engineer's Signature: MOHA09tAENIs T NEY By: Due: t� i ' WI SS Signature 6/` ' i j I ItIZ , Print Witngss Name �� 6 . nl 7 Date: } cV 2) WITN TO Engineer's Signature: By: WITNESS Signature L1F Print Witness Name Date:.-T- 6�, ao 7 E E } Contract for Transportation Planning Services Page 15 of 15 E i 4. Packet Pg. 1 5 € K.2.a Attachment No. 1 HOURLY FEES Billing Rate(in Dollars) 0 Initial Contract Optional Extensions Position 0610212017 01/0112018 07101/2019 0710112020 07101/2021 0710112022 to to to to to to 613012018 613012019 613012020 613012021 6/3012022 613012023 0 Ch Project Manager $259.31 $267.09 $275.10 $283.36 S291.86 5300.61 x Senior Transportation Engineer/Planner $204.30 $210.43 $216.74 $223.24 $229.94 $236.84 Transportation EngineerlPlanner $111.71 $115.06 $118.52 $122.07 5125.73 5129.51 CADDIGraphic Technician $93.73 $96.54 $99.43 $102.42 5105.49 $108.65 ) r- 0 Clerical $64.15 $66.08 $68.06 $70.10 $72.21 $74.37 Public Information Officer $110.00 $113.30 $116.70 $120.20 $123.81 5127.52 0 Assistant Public Information Officer $70.00 $72.10 $74.26 $76.49 S78.79 $81.15 0 c, x r�. cv Packet Pg. 1816 K.2.a Attachment No. 2 RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors U Lu 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 r_ 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 W 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 0 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 0. 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 LU or cv • 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. Packet Pg. 1817 K.2.a 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. 0 U LU 0 X I I 0 � 1 LY t i l i P' f � t 5 S S f 7 i l 1 f F E } 4 f Packet Pg. 1818 K.2.a GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT FOR PROFESSIONAL SERVICES BETWEEN MONROE COUNTY, FLORIDA AND 0 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 o the contract and include, as a minimum: • Premises Operations • Products and Completed Operations X • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $1,000,000 Combined Single Limit(CSL) r- 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. y 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. 0 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 0 c, x r�. . cv Packet Pg. 1819 K.2.a VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT FOR PROFESSIONAL SERVICES BETWEEN MONROE COUNTY,FLORIDA AND 0 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 o 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 0 The Monroe County Board of County Commissioners shall be named as Additional Insured on y all policies issued to satisfy the above requirements. 0 ca i x cv i l F S i i i Packet Pg. 1820 K.2.a WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT FOR PROFESSIONAL SERVICES BETWEEN MONROE COUNTY, FLORIDA AND 0 AECOM Technical Services,Inc. Prior to the commencement of work governed by this contract,the Engineer shall obtain o 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: X $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 y 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. o 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 y 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. 0 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. 0 U x LY r. cv i I Packet Pg. 1821 K.2.a PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT FOR PROFESSIONAL SERVICES BETWEEN MONROE COUNTY,FLORIDA AND 0 AECOM Technical Services,Inc. 01 LU Recognizing that the work governed by this contract involves the furnishing of advice or services o of a professional nature,the Engineer shall purchase and maintain,throughout the life of the 1 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 �+ j 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 I f3 0. I } k t 1 } 0 U l krr i i h i 1 N 3 S r i k s t t r r i 1' Packet Pg. 1822 K.2.a A`QRV CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDAYYYI o4n1n017 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 CONTACT Marsh Risk&insurance Services NAME; CA Ucense#0437153 PHONE- we No: 777 South Figueroa Street E-MAILDD s: Los Angeles,CA 900i7 Alfa:LosAngeles.CedRequesi@Marsh.Com INSURE S AFFORDING COVERAGE NAIC A 06510-STND-GAUE-17-18 04 2017 INSURER A.Zurich American Insurance Company 16535 INSURED INSURER B:NIA NIA AECOM Illinois Union Insurance CD 27960 AECOM Technical Services,Inc. INSURER C; 7800 Congress Avenue,Suite 200 INSURER D: UU Boca Ratan,FL 334B7 INSURER E: 0 INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-0O206B913.01 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 N 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. x j ILTSRR TYPE OF INSURANCE AD L UBR POLICY EFF POLICY EXP POLICY NUMBER MMIODIYYYY MMIDDNYYY LIMITS i A X COMMERCIAL GENERAL LIABILITY GLO596589109 04101017 041011018 EACH OCCURRENCE S 1,000,000 CLAIMS-MADE OCCUR IMAIE PREMSES Ea=nce IS 1,000,000 W MED EXP(Any one person) $ 51000 N ; PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 x O. POLICY JEa LOC. PRODUCTS-COMPIOPAGG $ 2,000,000 U ` OTHER: $ A AUTOMOBILE LU%BILJTY BAP 596589309 0410112017 04101QO18 CINEOSINGLE LIMIT $ 1,000,000 0 t EaOMeaccident X ANY AUTO BODILY INJURY(Per person) $ ALL UTOSULEO AU OYJ A BODILY INJURY(Per accident) $ 0 A NON-OWNED APPRo PROPERTY DAMAGE S I i HfREDAU705 AUTOS F113 ANAGEA�Lc T Pcraccident N BY $ 0 UMBRELLA L1AB OCCUR DA EACH OCCURRENCE S tS EXCESS LIAB CLAIMS-MADE AGGREGATE $ 0 DED RETENTIONS WAVER S ' WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR(PARTNERIEXECUTiVE E.L.EACH AGGrDENT S OFFECERIMEMBER EXCLUDED? N N I A If In NH) E.L.DISEASE-EA EMPLOYE S I If yes.describe under E.L.DISEASE-POLICY LIMIT S k DESCRIPTION OF OPERATIONS below C ARCHITECTS&ENG. EON G21654693 04101/2017 04/01/2018 Per ClainVAgg 2,000,000 L PROFESSIONAL LIAB. "CLAIMS MADE' Defense Included U 0 j DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more aLIJ pace Es required) ® [ The Monroe County Board of County Commissioners,its emooyees 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 r F where required bywritlen contract. Contractual Liability is included in the General Uab]lily coverage. tCD V U CERTIFICATE HOLDER CANCELLATION E E 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 279E Overseas Highway,Suite 400 ACCORDANCE WITH THE POLICY PROVISIONS. I Marathon,FL 33050 AUTHORIZED REPRESENTATIVE of Marsh Risk&Insurance Services I James L.Vogel I T 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD E F Packet Pg. 1823 K.2.a AC Roy CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYM 1/1/2018 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(les)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: 725 S.Figueroa Street,35th Fl. PHONE FAX CA License#OF 15767 E-MAILExt: we No Los Angeles CA 90017 ADDRESS: (213)689-0065 INSURERS AFFORDING COVERAGE NAIC# 0 INSURER A.*** SEE ATTACHMENT*** 0 INSURED AECOM INSURER B: 1392522 AECOM Technical Services,Inc. INSURER C 7800 Congress Ave.,Ste.200 INSURER D: Boca Raton FL 33487 INSURER E 0 INSURER F: COVERAGES AECTEOI CERTIFICATE NUMBER: 14634849 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 to INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 0 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. 0 ILTRR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMI�OY EFF NM MMID EXP LIMITS cu COMMERCIAL GENERAL LIABILITY NOTAPPLICABLE EACHOCCURRENCE S XXXXXXX CLAIMS-MADE J OCCUR PREMISES Ea occurrencei S xxxxxxx r MED EXP(Any one person) S xxxxxxx PERSONAL&ADVINJURY $ xxxxxxx ; GEN'L AGGREGATE LIM IT APPLIES PER: GENERAL AGGREGATE S xxxxxxx POLICY PRO- ❑ JECT LOC PRODUCTS-COMPlOPAGG S XXXXXXX 0 OTHER: S AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ j Ea accident xxxxxxx ANY AUTO BODILY INJURY(Per person) 5 xxxxxxx OWNED SCHEDULED BODILY INJURY(Per accident) S L_ AUTOS ONLY AUTOS XXXXXXX 0HIRED NON-OWNED , AUTOS ONLY AUTOS ONLY PeOr acrj,enIDAMAGE S xxxxxxx y 5 XXXXXXx E UMBRELLA LtAB OCCUR NOT APPLICABLE EACH OCCURRENCE 5 xxxxxxx h EXCESS LIAB CLAIMS-MADE AGGREGATE 5 XXxxxxx DED RETENTIONS S xxxxxxx ¢, A WORKERS COMPENSATION N PER OTH- U ! AND EMPLOYERS'LtABILITY YIN SEE ATTACHED ACORD 101 1/112017 1/11201S X STATUTE £R ANY PROPRIETORIPARTNERIE(ECUTIVE E-L.EACH ACCIDENT 5 1000000 OFFICEHIMEMBER EXCLUDE04 NIA 0 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S ] 000 000 0 If yes,describe under U I DESCRIPTION OF OPERATIONS below E-L.DISEASE-POLICY LIMIT S 1,000,000 r 0 s 0 � U 0) X DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be attached If more space Is required) UJ Notice of Cancellation applies per attached endorsement. h PR ISK MA GEMENT r" 3 BY DA � WAIVER WA ES— D CERTIFICATE BOLDER CANCELLATION See Attachments 14634849 Monroe County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Rick Management Administrator THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33040 AUTHORIZED REPR 7 '0� ©1688-20I&ACAID CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ] Packet Pg. 1824 K.2.a ACORD 101 Policy# issuing CompaU State(al 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 U m 014529410 The Insurance Company of the State of Pennsylvania-NAIC#19429 ME 014629404 The Insurance Company of the State of Pennsylvania-NAIC#19429 ILKY U 0146294DB The Insurance Company of the State of Pennsylvania-NAIC#19429 MA,ND,OH,WA,W,WY 0146294D6 American Home Assurance Company -NAIC#19380 CA tJ 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 O 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-NW5 Entity Only 014629411 The Insurance Company of the State of Pennsylvania-NAIC#1942t TN-project specific policy for CH2M Oak Ridge,LLC N 014629412 The Insurance Company of the State of Pennsylvania-NAIC#19429 NV Combat Support Services 1 1 e O tt5 ' 4 O I 0. ; t8 i I 0 U O ' 5 UJ 2 i ® : P' N l I f i I Miscellaneous Attachment: M503712 Master ID: 1392522,Certificate ID: 14634849 F L Packet Pg. 1825 K.2.a 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 0 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 0 (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 o above,then the Advice will be provided to such Certificate Holder(s)as soon as reasonably practicable after the I Named Insured confirms the accuracy of the Schedule below with the Insurer. 0 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. N The following definitions apply to this endorsement: 0 i 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.04111) i i s Attachment Code:D461827 Master ID: 1392522,Certificate ID: 14634849 t f F t Packet Pg. 1826 K.2.b --E:HATE{MMUDDIYYYY} E Tl 1C TE LIABILITY INSURANCE (1312012020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_THI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE. BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEEI 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 endorse( If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement- A statement o this certificate does not confer rights to the certificate holder in lieu of such endolsement(s). PRODUCER C NTA&A Marsh Risk&Insurance Services wee: CA License{1Q437153 PHONE _-_� -_._ __ _�FAk - 633 W.Filth Street,Suite 1200 E ° ___ __ Los Angeles,CA 90071 Attn:LosMgeles.Cor1Request@Marsh.Com _--- I1 SUResrT8 FORDING CO aGe_-_ _— 0 _NA1C10 CN101348564-STND-GAUE-20-21 05 2022 INSURER A:ACEAmericanInsuranceCompan-y®._ 22667 — _ _... Iw UREDAECOM INSURER B:NIA N1A AECOM Technical Services,Inc. INSURER C:Illinois Union Insurance Co 27960 3201 W.Commercial Blvd.,Suite 134 _ r_... _ .. -----__._. Fort Lauderdale,FL 33309-3427 INSURE?D, SEE ACORD 10 O rwSURER F: COVERAGES CERTIFICATE NUMBER; LOS-002167876-07 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: L) Uj CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TIME INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O INSRT.�._..._ ,..T._,_. __..._.�._.....®._. ADDL SUBR ..__-.__...,..v_. __. --- -PO'I..ECYEFF' PI©i.iCYEXP..'._.��.___ ._._ ....__.e _®.___.....--_.. _ LYI2 TYPE OF INSURANCE POLICY NUMBER (MM[DDPrfM IMWDDfYYYn LIMITS A X COMMERCIAL GENERALLIABILrN HDOG7123311A 04101/2020 04/01/2021 O -i---, _ EACH OCCURRENCE Q 1,tN.70 ._ CLAIMS-MADE OCCUR /g BY r� f ©A RAGE 7O E-RTED _ N Y _PREMISES(Ea orxurreta�.....-_LS 1,000 }}qqff g9 6Y ¢ 'I t 1, t 1 t rFFFFFFI , „MED EXP{Any one parson} $ 5 PERSONAL,SADVINJURY $ 1000 GEN'L AGGREGATE LIMIT APPLIES PER: RATS. I GE NERAL.AGGREGATE $ 2000 -�-JPOLICY[ JECOT- �. LOC WF�E1t1 I' A Y ,�-• PRODUCTS-COMPfOPAGG. ..2' �. OTHER: $ A AUTOMOBILE LIABILITY ISA H25301730 04101/2020 0410112021 COMBINED SINGLE LIMIT $ 1;000 X ANYAUTO (Ea accidentl _ BODILY INdUI",Y(Per pet5on) $. , OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ tIIRED NON-OWNED PROPERTY DAMAGE I/r AUTOS ONLY AUTOS ONLY $ � Per accadentZ UMBRELLA LIAR 1 - LL OCCUR EACH OCCURRENCE $ .._. EXCESS LIAR v_._ CLAJMS-MAD_E �!A9 _ _........_.j_-__ _._-.�. _ ___ 2 —DE- I RETENTION$ $ D WORKERS COMPENSATION i SEEACORD101 041017= 0470112021 � ,v PER OTH- AND EMPLOYERS'LIABILITY YIN ' i __ STA--TE _.._ ER _ 0) ANYPROPRIErORMARTNEWEXECUTNE � E L.EACH ACCIDENT $ 1 U OFFICEWMEMBEREXCLUDED? l .. J N I A I - _._._. � --. ...__ _._ (Mandatory in NH) € ! .E L DISEASE-EA EMPLOYEE$ 1,�0 If yes,describe under _ - DESCRIPTION OF OPERATIONS below $ E.L.DISEASE-POLICY LIMIT $ 1,000, U C �ARCHITECTS&ENG. EON G21654693 005 04101020 04/0112021 PerClailntAgg 2,00C UJ I , PROFESSIONAL UAB. "CLAIMS MADE" Defense Included I DESCRIPTION OF OPERATIONS i LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Re:AECOM Project No:605863M;Contract for Transportation Planning Services:Monroe County,FL O The Monroe County Board of County Commissioners,ids employees and ofFlclals are named as additional insured for GL&AL coverages,but only as respects work performed by or on behalf of the named insure ¢ where required by written comet. Contractual Liability is included in the General((ability coverage. CERTIFICATE HOLDER CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOFU Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED It Attn:Risk Management Administrator ACCORDANCE WITH THE POLICY PROVISIONS- 1100 Simonton Street Key West,FL 33M AUTHORIZED REPRESENTATWE of Marsh Risk&Insurance Services James L.Vogel @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 1827 K.2.b AGENCY CUSTOMER ID: CN1 0 1 348 564 ROC#: Los Angeles ADDITIONAL REMARKS SCHEDULEPage 2 of_ AGENCY NAMED INSURED Marsh Risk&Insurance Services AECOM AECOM Technical Services,Inc. POLICY NUMBER 3201 W.Commercial Blvd„Suite 134 Fort Lauderdale,FL 33309-3427 CARRIER NAIC CODE EFFECTIVE DATE: . ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate Of Liability Insurance Workers Compensation/Employer t,iabilltycont, � I Pdicy Number Insurer States Covered WLR C6692340A Indemnity Insurance Company of North America-NAIC#43575 AOS WLR C66923320 ACE American Insurance Company-NAIC#22667 CA,AZ,MA SCF C6692333 68 ACE American Insurance Company-NAIC#22667 WI Reim 0 X r I vI 0 tJ tJ ACORD 101 (2008/01) 1D2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1828 K.2.c AMENDMENT NO. I TO CONTRACT FOR PROFESIONAL SERVICES BETWEEN MONROE COUNTY("OWNER")AND AECOM TECHNICAL SERVICES, INC. ("ENGINEER") THIS AMENDMENT NO. I TO THE CONTRACT AGREEMENT ("Agreement" or "Contract") is made and entered into this 17t'day of February 2021, between Monroe County Board of County Commissioners (hereinafter "Monroe County, Florida" or the "County") and the AECOM Technical Services, Inc. ("Engineer" or"Contractor"). WHEREAS, on or about May 17, 2017, the parties in accordance with Florida Statute § 287.055(2)(g) entered into a four (4)year continuing services contract(the "original agree- 2 ment" or the "continuing services contract"); and 0 WHEREAS, said continuing services contract provides that Monroe County may elect to U renew the original agreement on an annual basis for two additional years; and �t 0 WHEREAS, the Engineer on or about September 30, 2020, submitted to the County a request for a one-year renewal; and WHEREAS, with respect to the requirement to perform a biennial U.S. 1 Arterial Travel Time and Delay Study ("ATTDS"), the next study scheduled is anticipated to be initiated in February 2021; and WHEREAS, the U.S. 1 Level of Service Task Force ("U.S. 1 Task Force") developed a Uniform Method to assess the Level of Service("LOS") on U.S. Highway 1,which was last amended in 1997; and i WHEREAS, Monroe County, Florida, reconvened the U.S. 1 Task Force in October 2020, in order to evaluate the subject L.O.S. methodology and to consider updates based upon considerations identified in the Draft 2019 ATTDS; and t� WHEREAS, it is anticipated that the County will at its regular February 17, 2021, public meeting, consider proposed updates to the subject L.O.S. methodology, which thereafter may be P P P J gY� Y � used to consider a future ATTDS(s); and E WHEREAS, the County has approved Work Order No. 10 for the Engineer to complete a E Transportation Master Plan; andCi WHEREAS, the renewal and extension of this agreement is necessary to allow for the timely completion of the U.S. 1 ATTDS and Monroe County's Transportation Master Plan; E NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the undersigned parties agree as follows: 1. The recitals contained herein are true and correct and are hereby incorporated as if fully set forth herein. 1 of 9 Packet Pg. 1829 K.2.c 2. The original agreement between the parties is made a legally effective part of this Amendment No. 1, except as expressly amended under this Amendment No. 1. 3. The continuing services contract heretofore terminating on May 17, 2021, is hereby renewed for one (1) additional year, such that the new contract termination date is and shall hereafter be May 17, 2022. 4. This Amendment No. 1 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 Contract by signing any such 2 counterpart. 0 5. The parties' agreement now contains Section 3.3 as follows: U w 3.3 Correction of Errors, Omissions,Deficiencies. Engineer will use that degree of 0 care and skill ordinarily exercised by members of same profession performing the same o or similar services under similar conditions in similar localities ("Standard of Care") in the performance of its services hereunder. No other warranties, express or implied, are made or intended. The Engineer shall,without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Engineer that are inconsistent with the above Standard of Care. 6. The parties' agreement now contains Section 5.1.1 as follows: 5.1.1 To the maximum extent permitted by Florida law,the Engineer shall indemnify, defend and hold harmless Monroe County, and its officers and employees, from liabilities, damages, losses, and costs, including but not limited to, all fines, penalties, z costs and reasonable attorney's fees to the extent caused by the negligence, recklessness, �- i or intentional wrongful conduct of the Engineer or anyone employed or utilized by the Engineer in the performance of the contract. The Engineer shall be solely responsible and w answerable for any and all accidents or injuries to persons or property arising out of its performance of the contract, including those of any subcontractors. E 7. Section 5.2 of the original agreement is hereby amended as follows: E 5.2 The first ten dollars ($10.00) of remuneration paid to the Engineer is for the i indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this contract. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the E plans, specifications, documentation, or work provided by the Engineer, the Engineer agrees and warrants that he shall hold the Engineer harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the County's behalf. Notwithstanding any agreement to indemnify and hold harmless, the parties expressly agree that Engineer has no duty to defend the County, its officers or employees, from and against any claims, causes of action, or proceedings arising out of activities covered by Engineer's professional liability insurance. 8. Section 5.3 of the original agreement is hereby deleted, as full indemnification is provided in above Sections. 2of9 Packet Pg. 1830 K.2.c 9. Section 5.5 of the original agreement is hereby amended as follows: 5.5 This indemnification and hold harmless covenant(s) shall survive the expiration or early termination of the agreement. 10. The parties' agreement now contains Section 5.6 as follows: 5.6 The Engineer agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the County, for whatever cause, during the progress of any portion of the services specified in this contract. The Engineer agrees that it shall not be entitled to damages for delay. 11. The parties' agreement now contains Section 5.7 as follows: LU tU 0 5.7 The Engineer shall be responsible for the completeness and accuracy of its plans, supporting data, documentation, or work prepared or compiled under its obligations and requirements under this contract, and shall correct at its expense all significant errors or omissions therein which may be disclosed that are the fault of the Engineer and inconsistent with the applicable Standard of Care. The cost of the work necessary to correct those errors attributable to the Engineer and any direct damage incurred by the County as a result of >' additional costs caused by such errors shall be chargeable to the Engineer. N 12. The parties' agreement now contains Section 5.8 as follows: 5.8 IN ACCORDANCE WITH SECTION 558 ET SEQ OF N THE FLORIDA STATUTES AND TO THE FULLEST EXTENT PERMITTED BY LAW, COUNTY ACKNOWLEDGES AND AGREES THAT NO INDIVIDUAL EMPLOYEE OR AGENT OF ENGINEER SHALL BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE SCOPE AND COURSE OF THIS CONTRACT. E 13. The parties' agreement now contains Section 7.1.1 as follows: 7.1.1 The Engineer shall not charge any fees to any other party or person for any service E rendered under this Agreement including, but not limited to, alternative inspections. In addition, Engineer shall not accept any tips or gifts for providing this service. 14. Section 7.3.1 of the original agreement is hereby amended as follows: 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 Contract in the County's fiscal year(October 1 - September 30)by the Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the Board of County Commissioners. The County's performance and obligation to pay under this Contract is 3 of 9 Packet Pg. 1831 K.2.c contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract/amended contract initiation. 15. Article XI of the original agreement is hereby amended as follows: 11.2 Failure to maintain required insurance coverage(s) shall be considered a valid reason for the County to terminate this agreement. 11.3 The County, at its sole option, has the right to request a certified copy of any or all insurance policy(ies)required by this agreement. 2 0 11.4 Delays in the commencement or completion of work, resulting from the failure of the Engineer to provide satisfactory evidence of the insurance required under this agreement, t� shall not extend deadlines or other requirements specified in this agreement, and any penalties and failure to perform assessments as required herein shall be imposed as if the 0 work commenced on the specified date and time. o 11.5 The acceptance and/or approval of the Engineer's insurance shall not be construed as 2 relieving the Engineer from any liability or obligation assumed under this contract or imposed by law. 11.6 The Monroe County Board of County Commissioners shall be named(in addition to being named as Additional Insured,) as a Loss Payee on all of the Engineer's insurance policies issued to satisfy this agreement's requirements, except for Workers' Compensation. N 16. Sections 12.1 and 12.2 of the original agreement are hereby amended as follows. �t 12.1 Termination with Cause. In addition to all the terms set forth herein, the County may ®i terminate this agreement for cause if the Engineer shall default in the performance of any of its obligations under this agreement. Bases for default shall include, but is/are not limited to, w the occurrence of any one of the following events and same is not corrected to the reasonable eti satisfaction of the County within fifteen (15) days after the County provides the Engineer with written notice of said default: E WFailure to provide services as described in this agreement. E Failure to comply with local, state, or federal rules or regulations pertaining to service(s)provided. U Breach of any other term, condition, or requirement of this agreement. a� 12.2 Termination Without Cause. The County may terminate this Contract without cause c, by providing the Engineer with written notice of termination at least thirty (30) days prior to the date of termination. Compensation shall be paid to the Engineer through the end of provision of County-authorized services. 17. Article XV of the original agreement is hereby amended as follows: 15.1 Breach of Terms by Engineer. The passing, approval, and/or acceptance by the County of any defect in the services furnished by the Engineer, shall not operate as a waiver by the County of strict compliance with the terms of this agreement, and specifications 4of9 Packet Pg. 1832 K.2.c covering the services. Any Engineer's breach of this agreement shall be governed by the agreement's provision(s)for termination for cause. 18. Section 15.1 1.) is hereby amended as follows: L1) Disclosure, Conflict of Interest, and Code of Ethics. The Engineer represents that it, its directors,principals, officers, and employees presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this Agreement, as provided in Section 112.311, et. seq., Florida Statutes. Upon execution of this Agreement, and thereafter as 0 changes may require, the Engineer shall notify the County of any financial interest it may have in any and all contracts with Monroe County. Monroe County agrees that officers and c, 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 0 Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with o one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. L2) Public Entities Crimes/Convicted Vendor. 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 contracts 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 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. By signing this Contract, CONTRACTOR represents that the execution of this Contract will U LU not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). eti Violation of this section shall result in termination of this Contract and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement E activities. a� In addition to the foregoing, CONTRACTOR further represents that there has been no i 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 E amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. �t CONTRACTOR will/shall promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. L3) Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its 5 of 9 Packet Pg. 1833 K.2.c 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. 19. Section 15.1 n.) is hereby amended as follows: 2 0 nl) Maintenance of Records. The Engineer shall comply with all public records and records retention requirements mandated by Section 24, Article I, of the Florida t� Constitution, and Chapter 119, Florida Statutes, and shall maintain and keep all books, documents, and records directly pertinent to performance under this Contract as are 0 necessary to document the performance of this Agreement/Contract and expenses as incurred and in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7 years from the termination of this Contract or for a period of 3 years from the date of submission of the final expenditure report in accordance with 2 CFR § 200.333, whichever is greater. The County shall have the right to unilaterally cancel this Contract upon violation of this provision by the Engineer. Failure of the Engineer 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 parry, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provisions shall survive any termination or expiration of the Contract. Each party to this Contract or its authorized representatives shall have reasonable and timely access to such records of each other party to this Contract during the term of the Contract and for four years following the termination of this Contract. If an auditor employed by the County or Monroe County Clerk of Court determines that monies paid to the Engineer pursuant to this Agreement/Contract were spent for purposes not w authorized by this Agreement, or were wrongfully retained by the Engineer,the Engineer shall eti repay the monies together with interest calculated pursuant to Florida Statute § 55.03, Florida Statutes, running from the date the monies were paid by the County. E n2) Public Access and Public Records Compliance. The Engineer must comply with all E Florida public records laws, including but not limited to Chapter 119, Florida Statutes andti Section 24, Article I, of the Florida Constitution. The County and the Engineer 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 E of Chapter 119, Florida Statutes, and made or received by the County and Engineer in conjunction with and in connection 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 Engineer. Failure of the Engineer 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 proceeding. This provision shall survive any termination or expiration of the Contract. The Engineer is encouraged to consult with its advisors about Florida's public records laws in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms and 6of9 Packet Pg. 1834 K.2.c conditions of this contract, the Engineer is required to: Keep and maintain public records that would be required by the County to perform the service. 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. 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 0 the Contract term and following completion of the Contract if the Engineer does not transfer the records to the County. c, Upon completion of the Contract, transfer, at no cost, to the County all public records in 0 possession of the Engineer or keep and maintain public records that would be required by the County to perform the service. If the Engineer transfers all public records to the County upon completion of the contract, the Engineer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure X 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. 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 Engineer of the request, and the Engineer must provide the z records to the County or allow the records to be inspected or copied within a reasonable time. U If the Engineer does not comply with the County's request for records, the County shall LU enforce the Contract's maintenance of records and/or public access and public compliance provisions, notwithstanding the County's option and right to unilaterally cancel this Contract upon violation of said provision(s)by the Engineer. An Engineer who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable E time maybe subject to penalties under Section 119.10, Florida Statutes. i The Engineer 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, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN(-,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 7of9 Packet Pg. 1835 K.2.c 20. Article XV of the original agreement is hereby amended as follows: zl)Notice Requirements. Any required legal notice intended for Monroe County under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested,to (with copies to all of)the following: Monroe County Administrator and Monroe County Assistant and Monroe County Roman Gastesi County Administrator Attorney Robert B. 2 1100 Simonton Street Christine Hurley Shillinger Key West, FL 33040 2798 Overseas Highway 1111 12th Street, Marathon, FL 33050 Suite 408 Key West, FL 33041 W 0 Z2) Notice Requirements. Any required legal notice intended for Monroe County under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the ° other party by certified mail, returned receipt requested,to (with copies to all of)the following: 21. All of the other terms, covenants, conditions, and provision of the Agreement dated July >% 15, 2020, except those expressly modified and rendered inconsistent by this Agreement, remain in full force and effect and binding upon the parties. N N In Witness Whereof, the parties have executed this Contract as indicated below. i (SEAL) BOARD OF COUNTY COMMISSIONERS OF KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA U LU As Deputy Clerk Mayor i By:_G. Vivek Reddy Signature: y Witness (Print Name) Carlos Garcia, Vice President 'll v a8� m By:_ On behalf of: AECOM Technical Sercives, Inc. Witness (Signature) MONROE ee_ ATTOnNEY STATE OF PETER tvlORRIS COUNTY OF ASSISTANT COUNTY ATTORNEY Date: 8of9 Packet Pg. 1836 K.2.c The foregoing instrument was acknowledged and attested before me this day of 2021, by , who is personally known to me or produced as proof of identification and did take an oath. Notary Public Seal 0 Print Name U LU cv cv cv i i U Uj i 9of9 Packet Pg. 1837