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04/19/2023 Agreement CONTRACT FOR TRANSPORTATION PLANNING PROFESSIONAL SERVICES THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ENGINEER (the "Contract" or "Agreement") is made and entered into this 19th day of April 2023 by and between 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"), a for-profit corporation authorized to do business in the State of Florida, whose address is 2 Alhambra Plaza, Suite 900, Coral Gables, FL, 33134, its successors and assigns (hereinafter referred to as "CONTRACTOR", "CONSULTANT" or"ENGINEER". RECITALS: WHEREAS, this contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g). The professional services required by this Contract are to be rendered for projects in which the estimated construction costs of each individual project under the contract does not exceed Four Million Dollars ($4,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Five Hundred Thousand Dollars ($500,000.00); and WHEREAS, the parties shall enter into a separate task order for each study awarded to the Engineer by the Owner. The specific services to be performed under these separate contracts will be determined by the Owner and agreed to by the Engineer. Each separate task order will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific task order; and WHEREAS, the terms and conditions of this Contract shall apply to any task order or separate contract, if required, unless expressly modified in the provisions of the separate contract. Where the terms of this Contract differ from the terms of the separate contract, the terms of the separate contract shall take precedence. The separate contract will contain its specific scope of work and it is anticipated by this Contract that the scope of work in the separate contract will be in addition to the scope of work outlined in this Contract; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Engineer agree: Contract For Transportation Planning Professional Services FORM OF AGREEMENT ARTICLE I 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, Engineer makes the following express representations and warranties to the Owner: 1.1.1 The Engineer is a professional qualified to act as the Engineer for the assignment and is licensed to practice Engineering by all public entities having jurisdiction over the Engineer and the tasks/work to be performed; 1.1.2 The Engineer shall maintain all necessary licenses, permits or other authorizations necessary to act as Engineer for the task/work to be performed 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, transportation plans, design and opinions/recommendations on transportation projects, in such a manner that they shall be in conformity and comply with all applicable law, 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 or design cost due to missing or incorrect design elements in the contract documents; 1.1.4 The Engineer assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ as Engineer of Record. 1.1.5 The Engineer's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Engineer shall submit, for the Owner's and Monroe County Planning & Environmental Resources Department's 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 & Environmental Resources Department's review, and for approval of submission by authorities having jurisdiction over the task order. Time limits established by this schedule and approved by the Owner may not be exceeded by the Engineer except for delay caused by events not within the control of the Engineer or foreseeable by him. 1.1.6 In providing all services pursuant to this agreement, the Engineer shall abide by all applicable 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 Professional Services ARTICLE II SCOPE OF ENGINEER'S BASIC SERVICE 2.1 DEFINITION Engineer's Basic Services consist of: Task 1 —Annual US 1 Arterial Travel Time and Delay Studies 1. Purpose The travel time studies will be used to monitor the level of service on US 1 based on Monroe County Comprehensive Plan Policies and Land Development Codes for concurrency management purposes pursuant to Chapter 163, Florida Statutes. The studies will be conducted in accordance with the methodology that was developed by the US 1 LOS Task Force and approved by the County, the Florida Department of Transportation, and the Florida Department of Community Affairs (now the Florida Department of Economic Opportunity). 2. Minimum Activities to Complete Study A. Using the floating car method, the County will record travel time, speed, and delay data for: 1. Each of the 24 segments of US 1 from Florida City to Stock Island, and 2. The length of US 1 from Miami-Dade County line to Cow Key Channel. B. The data will be recorded by date, day of week,time of day, and direction. C. The study will be conducted over 14 days within the six week period from February 15 to March 31. The study will consist of 14 round trip runs, sampling each day of the week twice. D. The study may be required to include supplemental runs in the southbound direction within Segments 1 to 4 during AM peak (7 a.m. - 8 a.m.) on Wednesday, Thursday and Friday of the second week and supplemental runs in the northbound direction within Segments 1 to 4 during the PM Peak (5 p.m. - 6 p.m.) on Wednesday, Thursday, and Friday of the second week. The results of the supplemental runs may be included in the 2023 ATTDS Report for informational purposes only and will not be used in overall LOS calculations. This information will be reviewed to decide if supplemental runs should be incorporated into future ATTDS and LOS calculations, as directed by the Monroe County BOCC. E. The study schedule will be coordinated with seven day, 24 hour traffic counts to be conducted by FDOT in Islamorada, Marathon, and Big Pine Key. F. 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. G. The study results will be summarized in a report format including a series of tables and graphs. A statistical analysis of the mean, median, standard deviation, and range of speeds for each segment and for the overall distance will be provided. Excess roadway capacity and deficiencies in capacity will be reported. Task 2: General Transportation Planning Assistance 1. Purpose The purpose of this task is to provide assistance to the Monroe County Planning & Environmental Resources Department staff for the purpose of maintaining and updating the Contract For Transportation Planning Professional Services 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 & Environmental Resources Department in the following areas: A. Review of private development site plans for internal traffic flows and access; B. Preparation of traffic impact reports; C. Review of access management issues; D. Development of access management plans; E. Origin-destination studies; F. Attendance at appropriate public meetings and hearings; G. Trip generation rates for land uses; H. Provision of review comments on relevant transportation documents prepared by other agencies; I. Review of transportation element of reports and plans prepared by County staff in support of the comprehensive plan amendments; J. Systems planning analysis (including running the FSUTMS model or other transportation planning models) deemed as appropriate by Client and Consultant; K. Reevaluation of the level of service methodology for US l; and L. Special transportation projects to implement the comprehensive plan. M. Special transportation projects to implement the U.S. 1 Transportation Master Plan. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Owner as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the Owner before commencement, and as follows: A. Providing services of Engineer for other than the previously listed consulting scope of Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the task order, upon approval by the Owner. 3.2 If Additional Services are required, such as those listed above, the Owner shall issue a letter requesting and describing the requested services to the Engineer. The Engineer shall respond with fee proposal to perform the requested services. Only after receiving an amendment to the task order and a notice to proceed from the Owner proceed with the Additional Services. ARTICLE IV OWNER'S RESPONSIBILITIES Contract For Transportation Planning Professional Services 4.1 The Owner shall designate Monroe County Planning & Environmental Resources Department to act on the Owner's behalf with respects to the task orders. The Owner or Monroe County Planning & Environmental Resources Department shall render decisions in a timely manner pertaining to documents submitted by the Engineer in order to avoid unreasonable delay in the orderly and sequential progress of the Engineer's services. However, the parties acknowledge that due to Monroe County Policy, Ordinances or State or Federal Statute there may be times when a decision must be made by the BOCC, in which case any delay shall not be attributed to Monroe County or its representative. 4.2 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Engineer's services and work of the contractors. 4.3 The Owner's review of any documents prepared by the Engineer or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's criteria, as and if, modified. No review of such documents shall relieve the Engineer of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The Engineer covenants and agrees to indemnify and hold harmless Owner/Monroe County and Monroe County Board of County Commissioners from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses, including reasonable attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Engineer or its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Engineer, their employees, or agents. 5.2 Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Engineer, the Engineer agrees and warrants that he shall hold the County harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 5.3 In the event the completion of the task assignment is delayed or suspended as a result of the Engineer's failure to purchase or maintain the required insurance, the Engineer shall indemnify County from any and all increased expenses resulting from such delays. Should any claims be asserted against County by virtue of any deficiencies or ambiguity in the plans and specifications provide by the Engineer the Engineer agrees and warrants that Engineer hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the County's behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. Contract For Transportation Planning Professional Services ARTICLE VI 6.1 PERSONNEL The Engineer shall assign only qualified personnel to perform any service concerning the proj ect. ARTICLE VII 7.1 PAYMENT The County shall pay the Consultant in current funds for the Consultants performance of this agreement. Compensation shall be made according to the rates negotiated and agreed upon in Attachment No. 1. Payment will be made in accordance with the Local Government Prompt Payment Act, F.S. 218.70. 7.2 REIMBURSABLE EXPENSES Reimbursable expenses (travel, meals, mileage, or other expenses) are not allowed as part of this contract. 7.3 BUDGET 7.3.1 The Engineer may not be entitled to receive, and the County is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year (October 1- September 30) by County's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the County's Board of County Commissioners. 7.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this Contract or in the separate contracts for individual projects, the agreement may be terminated immediately at the option of the County by written notice of termination delivered to the Engineer. The County shall not be obligated to pay for any services provided by the Engineer after the Engineer has received written notice of termination, unless otherwise required by law. 7.3.3 The County does not guarantee Engineer any specific amount of work under this agreement. The parties shall enter into a task order for each assignment awarded to the Engineer by the County. The specific services to be performed under these separate task orders will be determined by the County and agreed to by the Engineer. Each separate task order will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract. 7.3.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the transportation funding agency, the Board of County Commissioners, and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII 8.1 APPLICABLE LAW This contract is governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and performed entirely in the State. Venue for any mediation, Contract For Transportation Planning Professional Services dispute conferences or litigation arising under this contract must be in Monroe County, Florida. This Agreement is not subject to arbitration. ARTICLE IX 9.1 SUCCESSORS AND ASSIGNS The Engineer shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the Owner. The Owner and Engineer, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. ARTICLE X NO THIRD PARTY BENEFICIARIES AND INDEPENDENT CONTRACTOR RELATIONSHIP 10.1 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, between the parties which creates or gives rise to any rights in favor of, any third party. 10.2 INDEPENDENT CONTRACTOR RELATIONSHIP The Engineer is and shall be an independent contractor in the performance of all work, services, and activities under this Agreement and is not an employee, agent or servant of the County. The Engineer shall exercise control over the means and manner in which it and its employees perform the work and in all respects the Engineer's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. The Engineer does not have the power or authority to bind the County in any promise, agreement or representation other than such power and authority that is specifically provided for in this Agreement. ARTICLE XI 11.1 INSURANCE 11.1.1 The Engineer shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project(to include the work of others) is delayed or suspended as a result of the Engineer's failure to purchase or maintain the required insurance, the Engineer shall indemnify the County from any and all increased expenses resulting from such delay. 11.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate shall contain an endorsement providing thirty (30) days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. Contract For Transportation Planning Professional Services 11.1.3 Engineer shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease,policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with Three Hundred Thousand Dollars ($300,000.00) combined single limit and One Hundred Thousand Dollars ($100,000.00) annual aggregate. D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Engineer or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with Five Hundred Thousand Dollars ($500,000.00)per occurrence and annual aggregate. E. Professional liability insurance of Five Hundred Thousand Dollars ($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual aggregate. If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Engineer shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Engineer arising out of work governed by this contract. F. County shall be named as an additional insured with respect to Engineer's liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. Engineer shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of Engineer if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subconsultants. H. Engineer shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured by including any subsection thereunder. The County reserves the right to require a certified copy of such policies upon request. ARTICLE XII 12.1 TERM OF AGREEMENT. the professional services required by this contract will be for services in the form of a continuing contract, commencing on the effective date of this contract and ending four (4) years thereafter, with options for Owner to renew on an annual basis for two additional years. Contract For Transportation Planning Professional Services TERMINATION 12.2 Either parry hereto may terminate this contract prior to expiration upon giving seven (7) days written notice to the other in the event that such other parry negligently or for any reason substantially fails to perform its material obligations set forth herein. No termination expenses shall be paid by the Owner after the date of notice of termination. 12.3 The Owner may terminate this Contract without cause by giving the other parry thirty (30) days written notice of its intention to do so. Termination expenses shall include expenses available under the contract through the date on the notice of termination and shall not include any additional services required in order to stop performance of services, unless agreed to in writing by the County and subject to audit for the purpose of verification. 12.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this agreement for cause with Engineer should Engineer fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Engineer with seven (7) days' notice and provide the Engineer with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Engineer, County shall pay Engineer the sum due the Engineer under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Engineer shall not in any event exceed the amount in the task orders issued and approved. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 12.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon 30 days' notice to Engineer. If the County terminates this agreement with the Engineer, County shall pay Engineer the sum due the Engineer under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Engineer shall not exceed the amount in the task orders issued and approved. 12.6 For Contracts of any amount, if the County determines that the Engineer has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Engineer written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 12.7 For Contracts of$1,000,000 or more, if the County determines that the Engineer submitted a false certification under Section 287.135(5), Florida Statutes, or if the Engineer has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Engineer written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Contract For Transportation Planning Professional Services Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE XIII ENTIRE AGREEMENT 13.1 This contract constitutes of the form of agreement, the exhibits that are attached and made a part of the contract, the response document, and the documents referred to in the form of agreement as a part of this contract. In the event any conflict between any of those contract documents, the one imposing the greater burden on the Engineer will control. 13.2 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 13.3 Notice Requirement. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Emily Schemper Senior Director of Planning & Environmental Resources Monroe County 2798 Overseas Highway, Suite 400 Marathon, FL 33050 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Mr. G. Vivek Reddy 110 East Broward Blvd. , Suite 700, Fort Lauderdale, Fl . 33301 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 hear the dispute. Contract For Transportation Planning Professional Services 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 parry; however, agreements must be approved by the Board of County Commissioners to be enforceable. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction in Monroe County. 14.4 Nothing in this Agreement shall be construed to interfere with a subsequent order from any court of competent jurisdiction ordering the parties to enter into mediation after institution of legal or equitable proceedings. 14.5 Arbitration is specifically rejected by the parties as a method of settling disputes which arise under this agreement; neither of the parties shall be compelled by the other to arbitrate a dispute which may arise under this Agreement. ARTICLE XV ADDITIONAL REQUIREMENTS 15.1 The following items are part of this contract: a) Maintenance of Records Engineer shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each parry to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other parry to this Agreement for public records purposes during the term of the Agreement and for seven 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, or were wrongfully retained by the Engineer, the Engineer shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the County. b) Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk') to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as Contract For Transportation Planning Professional Services "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Engineer pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Engineer shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Engineer. The right to audit provisions survives the termination of expiration of this Agreement. c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and 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. d) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and 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. e) 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 parry relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the non-prevailing parry, and shall include attorney's fees and courts costs expenses in appellate proceedings. f) 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. Contract For Transportation Planning Professional Services g) Authority. Each parry 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 parry agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. h) Claims for Federal or State Aid. Engineer and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each parry. i) Adjudication of Disputes or Disagreements. County and Engineer agree that all disputes and disagreements shall be attempted to be resolved by meet and confer session between representative of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions under this Agreement concerning termination or cancellation. j) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Engineer agree to participate, to the extent required by the other parry, 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 parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. k) Nondiscrimination/Equal Employment Opportunity. Engineer and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. Engineer and County agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, Contract For Transportation Planning Professional Services color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Engineer, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Engineer will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Engineer's legal duty to furnish information. 4) The Engineer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Engineer's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Contract For Transportation Planning Professional Services 5) The Engineer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Engineer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Engineer's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Engineer may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Engineer will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Engineer will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 1) Covenant of No Interest. Engineer and County covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. n) 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, Contract For Transportation Planning Professional Services 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. o) Public Access. The Engineer and County shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Engineer and County in conjunction with this Agreement; and the Engineer shall have the right to unilaterally cancel this Agreement upon violation of this provision by County. Public Records Compliance. Consultant must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Consultant shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Consultant in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Consultant. Failure of the Consultant 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 Consultant is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Consultant is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records that would be required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contract For Transportation Planning Professional Services Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Consultant of the request, and the Consultant must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Consultant does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Consultant. A Consultant who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under sectionl 19.10, Florida Statutes. The Consultant 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'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(u,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. p) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, 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 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. q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r) 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 Contract For Transportation Planning Professional Services the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. s) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Engineer and the County agree that neither the Engineer nor the County or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t) 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. u) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. v) 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. w) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in 49 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 CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR 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. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: Contract For Transportation Planning Professional Services (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph(1)through(5) of this section. It is the policy of FDOT to encourage the participation of small businesses and disadvantaged business enterprises ("DBE") in all facets of the business activities of FDOT, consistent with applicable laws and regulations. FDOT has established an aspiration goal of 10.65% DBE usage and an additional 3%non-DBE Small Business usage for the subject Project. Firms proposing for this Project shall aspire to have 10.65% or more of the total contract costs performed by DBEs, and an additional three percent (3%) or more of the total contract costs performed by non-DBE small businesses. Although not a contract requirement, FDOT believes that the aforementioned aspiration goal can realistically be achieved based on current availability of DBEs and small businesses. FDOT further believes that the 13.65% overall goal can be achieved through race neutral means, using standard competitive procurement processes. Pursuant to the provisions of Section 339.0805, Florida Statutes, and Rule 14.78.005, Florida Administrative Code, FDOT has adopted rules to provide certified DBEs opportunities to participate in the business activities of FDOT as vendors, contractors, subcontractors, and consultants. FDOT has adopted the DBE definition set forth in Code 49 of Federal Regulations Section 26.5. The Department's DBE directory may be found at the following website: 1;,,(Wal Qrrrrrrrrirrra.u!Wiy 01,,ic rr uusitless Directory. Firms agree to apply their best efforts to utilize qualified non-DBE small businesses as vendors, contractors, subcontractors, and consultants for the Project. Qualifications for small businesses may be found at the following website: 1,Ulu9i 0ffurrrWrr)iiy 011ice Size Statidards ............................................................................................................. Firms will submit the Prol'essiotial S mitryietil f urrrmri,as required by the r rrvu�r,,. y urruui. advertisement when selecting from Expanded Letters of Response, otherwise it will be required with the Request for Proposal. DBE listing for Professional Services (Check DBE& Small Business column for status): Prol'essiotiai Services lZepurrri, Non-DBE Small Business listing for Professional Services (Check DBE& Small i l Business column or status): rr rurrf vr ..urrurr�rr Services lZeor ... Contract For Transportation Planning Professional Services x) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. y) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. z) E-Verify System. The Engineer shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Engineer during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. aa) Energy Efficiency- Engineer will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. bb)FEDERAL CONTRACT REQUIREMENTS The Engineer and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 1) Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it Contract For Transportation Planning Professional Services does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti- Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 2) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are Contract For Transportation Planning Professional Services unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and damages as provided in the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(2). (4) Subcontracts. . The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower subcontractor with the clause set forth in paragraphs 29 C.F.R. § 5.5 (1)through (4). Contract For Transportation Planning Professional Services 3) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 4) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended—applies to Contracts and subgrants of amounts in excess of $150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 5) Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is Contract For Transportation Planning Professional Services valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 6) Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,00, the attached certification must be signed and submitted by the contractor to the COUNTY.) 7) Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.323. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement- guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 8) Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential Contract For Transportation Planning Professional Services component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (iii) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9) Domestic preference for procurements as set forth in 2 CFR §200.322. The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. THIS SPACE INTENTIONALLY LEFT BLANK SIGNATURES ON FOLLOWING PAGE Contract For Transportation Planning Professional Services 01 .� L.0 m r Ln ri N m O 00 N i 00 m M ri i M Ln L.0 r ri i O r N O rn N O O ri O O o0 I-� rn N N Ol Ol L.0c'n r-I O N I- Ol n 4 4 \ c'n N ri ri ri N rn N rn Ln O r{ M tn• tn• tn• tn• tn• tn• tn• tn• tn• tn• cn \ C n � 41 4- X W O � N N l0 ri M m m M O M N L.O O N O rl ri O N N m 00 �t 00 O + O 00 ri 4 Ln I-� N r-� r-� ri ri Q N p Il 00 Ln N O 0) O L.0 00 Ln O rn c'n N ri ri ri ri rn N rn Ln n � i•. 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''vo iuq��1WIluu»miN�IIIIi�Illliivm»mti@»'' 1W41Uwwu!� �� mui Illliiv��»mti@»'' 1 iI m"»mwl��G 1WYlimi��nu'�II ii '"illYimm�»mt"oW°� u>illlimm�»mom~!" is es u>illlimm�»mom~!"'+W,Ilwa miplluG',wW111wHoumm uuuuuuuuuuum mu» AECOM Delivering a better world Monroe County Transportation Planning Professional Services for Monroe County COUNTY FORMS AND LICENSES RFQ-for Transportation Planning Services SECTION THREE. COUNTY FORMS Please fWloiv the emtiplegte histtuelimu to twspearrdeW .sp ee�fieel irr IZE"tiPON'SI?I+"{:III!M RESPOND TO: MONIZOE C;OTJN"TT't' 13t:)ARD C'F C{)l.NTY COMMIS SION1°RS OMI -BII)S(Olinantit-oecoutaty-fl. o,s, I acknowledge receipt of Addenda No.(s) I haa'wro'included: V The Submission Rea;lromse l'orm ........ Lobbying and C"on Conflict gal'Intern st Cl!ause ,X Non-Collusion Affidavit wat Drug Free Nk'orklal<ace Forin .X._.. 1tcspondent's Inswraanec and Ind±,roil eaation Statement x 111SUr<ance Agent's StaateuTla.aat klina11.1try Owned l3u,,Jnes,Declaration V I"ed raal. Lobbying Its addition, I have included as current wally of' the rollos ing pro(essionaal and avcaallaationaal licenses: State of Florida En ineerin License, Miami-Dade County Qggppation l licence Cif.`heck mark henna above,as a reinhider that they at-e*hacl deel.) Mailing Adds-ew 2 Alhambra Plaza 'Suite. 900 Coral Gables. Floridan 33134 Telephone: �31�5� 44-4fi1�1 Fax: N/A Daate: 1 t11 t2022 Sagaa�el.... 4aln � ar �117..... ..... ,� Robert Edelstein PhD, PE PTOE (Name) Senior Vice President t Authorized Signatory (Title) AE OM Technical Services, Inc. � .39 AECOM I TAB 4 County Forms and Licenses 105 Monroe County Transportation Planning Professional Services for Monroe County AECOM SECRETARY'S CERTIFICATE akE,com'rECIINICAL SERVICES, INC. it Cidifornia cot-poi-ittion 1,Manav Kumar, DO HEREBY CERTIFY that I am the dials, elected and acting Secretary of AECOM Technical Services, Inc.,a corporation organized under the laws of the State of California ("ATS"or"Corporation"), and the keeper of its records and corporate sea]. I FURTHER CERTIFY that XFS's full kgal address is c/o CT Corporation. Systein, 819 West 711, Street, Los Angeles, CA 90017-0000 and that the Corporation',,; principal place of bUSiness is, 300 South Grand Avemle,, 9111 Floor, Los Angeles, Calironlia 90071. 1 FUR,TFIER CERTIFY that the person named below presently hold,;the office in the Corporation set Forth opposite such person's name, and that the person has the alUIL1101-ity to CXCCLLtC contracts and other dOCLIT11CIAS on behalf of Ilic company. NykN,IE OFFICE Robert P. Edelstein Senior Vice President IN WITNESS WHEREOF, I have subscribed my narne,and affixed the seal of the Corporation,this 9th day of June,202 1. Manav Kumar Secretary eim AECOM I TAB 4 County Forms and Licenses 106 Monroe County Transportation Planning Professional Services for Monroe County RF4 -for Transportation Planning Services ......................................................._-.___.......... ................ ............................................................................................... LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETFHCS C1.A1JSE AECOM Technical Services, Inc, (Corripany) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any fornier County officer or ernpIoyce in violation of Section 2 of Ordinance No.010-1990 or any Counly officer or etiiployeeinviolatioii(,)f"Section 3ofOu�dinaiic�e Ego.010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreenwint without fiability and may also, in its discretion,deduct frorn the Agreement or purchase price,or otherwise recover,the full arnOUnt ofany fee, commission,percentage,gift,or consideration paid to the Fortner County officer oi-•employee." (Signature) Date: STATE OF: Florida COUNTY OF: Miami-Dacl ------------------------- --------------- Subscribed and sworn to (or affirnied) before rne, by means;, of 0 physical presence or 2 online notarization,on 1/11/2023 -------------------------(date)iy Roby Edelstein, PhD, PE, PTOE 11-1—-------------------------- PhD........ (narne of afflant). HeaShe is, personally known to me or has produced personally known (t )e of idenlification)as idenfification. ------------------------------------------------------------------------ iTId' : GEWCV04 CAVE-HIONT Sta or NO N PUB AC Notary Public-State of Florida 01 ""' or 94 1 Cmmfulon GG9411415 My Comm.Expirm I FtIt 3,2024 ma Not A Co ,./My Commission Expires: r_�O� ded through Kattmal Notary As3n, 40 AECOM I TAB 4 County Forms and Licenses 107 Monroe County Transportation Planning Professional Services for Monroe County RFQ-for Transportation Planning Services -------------------I-—--------------------- ......."---------....... NON-COLLUSION AFFIDAVIT 1, ,"R'o 0 e r't E"0'�e"I's't"e'i"n................... ....................... of the city of_Pompano Beaph, FL m according to law on y oath, and under penalty of per�lury,depose and say that 1. 1 ant Senior Vice President/Authorized Sign atoiry of the firm ofAECOMI Technkj[ r nu'ipe5—[%Q. the bidder rnaking the 11roposal for the project described in the Request for Proposals for Tran§pqrta lip n,Planning Professiona� Services and that I executed the said proposal . .- with furls authority to do so; 2. T'he prices in this bid have been arrived at independently WithOLIA collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with an), competitor; 3. Unless,otherwise rC(JUircd by law,the prices which have been quoted in this, bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor;and 4. No attempt has been made or MH be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. 'rhe staternents contained in, this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said prc�Ject. (Signature) Date: 1/11/2023 S IA'I'E OF Florida 11111..................................................... COUNT'Y OF: Miami-Dade Subscribed and sworn to (or affirmed) before me, by means of 0 physical, presence or N online notarization, on Jan uilary 11, 2023 (date) by Robert EdeJstein,PhD,PE iPTOE /She is personally known to roue or ............ (name of afflant), He has produced p (type of identification) as identification. 4 GENrylix CAA. NT Notory Public-Sute,, F Commkslw#GG 90415 My Ccrnm,Ex*es Feb 3,2024 1M-6d#dI thro*National kta,ry Assn y Cornmission Expires-. y wco .41 - AECOM I TAB 4 County Forms and Licenses 108 Monroe County Transportation Planning Professional Services for Monroe County RFQ-for Transportation Planning Services ..........................................I.............. ww................ ................................................................____............................................................................................................................................................................................ DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: AECOM TechnicaJ Services, Inc. (Name of Business) 1. Pubfish,a statement notifying crnployees that the unlawful manufacture, distribution,dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against ernployces,for violations,of'such prohibition. I Inform employees about the dangers of drug abuse in the workplace, the business,' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee ,issistance programs, and the penahies, that may be imposed upon employees for drug abuse violations. I Give each employee engaged in providing the commodities or contractual services that are tinder bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notify the employees that, as a condition of working on the Commodities or contractual services that are under bid, the eniptoyee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contenders to,any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any s,tate, for a violation occurring in the workplace no later thmi five(5) days after such conviction. 5. linpose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-firce workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firi-ri complies, fully with the above requirements. (Signature) Date: 1/11/2023 s'rATE OF: Florida .......... COUN'ry OF: Miami-Dade 1_'.___.___ ............................................. Subscribed, and sworn to (or affirmed) before trie, by means of 0 physical presence or XI online notarization, on I/I I/?A2.3 (date) by Robert EdelstejM Ph ,,P_ ,P O rri E (nac of afflant). Fle/She is personally known knon to me or ___0 E has produced _ppLqq!jq!jy known (type of identification) as, identification. A GENIREVE CONUNT NotaryPublk-State at W& 1, 01, Y Unic Commission#04 949415 AY Comm.EVIres,Feb 3,20124 Imp, Boottod through Nattomal Notary Assn. l'yCornmission Expires: -42- AECOM I TAB 4 County Forms and Licenses 109 Monroe County Transportation Planning Professional Services for Monroe County Rh" -for Transportation tation Planning Services PUBLIC ENTITY YY :I IMfI+ STATEMENT IY "A person or affiliate who has been placed on the convicted vendor Vint following a conviction lot-public entity cringe unay, not submit a bid on a contract to provide any goods or services to a public entity„ may not submit a.bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Raids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR Wander a contract with any public entity, and unnay not transact business with any public entity in excess of the threshold amount provided In (section 287.017, for tya' ' Et~'ORY TWO for a period of 36 months for the date of being placed can the convicted vendor list." I have read the above and state that neither AE OM Techrfl au Services,ine. (Respondent's narne) nor any Affiliate has been placed on the convicted veruduar 1'ust avitpa'in trine last 36 months. a�...k....,.. ....IT......mm.....,D.. :Yw....:m:�:'�wr (Signature) Efate: 1/11/2023 STATE OF- Florida COUNTY OFF iarni-Dad Subscribed and sworn to (or affirmed) before rne, by means of 0 physical presence or IN online notarization, on 1/111/202 (date) by ...... (inatne of affiant). HeNie is personally known to inane or has produced .p g[§q ll ,known . ... www _ (type of identifacationi) as identification. : a 1 ---------.. NoUry Pubbe-"Skate of Flom& Cmmmissim M t'G 949415 My Comm.Ex Expires Feb},2aa+ y p t"ouTuunnuon Expires: g ut t r N ts..k Nptsry Asset. " .A:3_ AECOM I TAB 4 County Forms and Licenses 110 Monroe County Transportation Planning Professional Services for Monroe County RFQ-for Transportation Plan:ninig Services SECTION FOUR: INSURANCE REQUIREMENTS NIONROF COUNTY, FLORIDA RISK IS,IANACTIMENT POLICY AND PROCEDURES (.'0N'rRA(.:'r ADAIINis'rRATION NIANUAL, bidemnificatioti atid lit-)Id Harmless Ftw Offier Coittractinrs and Subcoiitractors The Contractor covenants and agrees to indcninlfy and hold hartriless klonroo County Board of County Commissioners, ftorn any and all clainis for bodily injury (including death), personal injury, and property damage (including property owned bv Monroe County) and any other losses, daniages, and expenses (including attorney's fees)which arise out of.,in comicction with,or by reason of services provided by the (.".ontraclor or any of its Subcontractor(s)in any, tier, occasioned by, negligence, errors, or other wrongful act of ornisqion ofthe Contractor or its Subcontractors in any tier,their employees,or agents. In the event the completion of the pr(-Jed (to include [lie work of'others)is delayed or suspended as it result of the Contractor's failure to pUrChaW or niaintain the required insurance, the Contractor shall indeninit�,the County frorn any and all increased expenses resulting trom such delay. The extent ant liability is in no w,*, litnitcd to,, reduced, or lessened by the insurance roquironionts contained elsewhere witWn this agreement, -44- AECOM I TAB 4 County Forms and Licenses Monroe County Transportation Planning Professional Services for Monroe County RFQ-for Transportation Planning Services RISK MANACENIENT POLICY AND PROCEDURES CONTRACTADMIN ISTRATION MANUAL Genei,al Insin-ante Requirements For Othei, Conti-acton and Subconti,actoi,s As a pre-requisatc (A'thc worL povcrncd, the C ontractor shall obtain, al;his/her own CXpctise, insul"Inec is specified in any atlaelted schedules, which are made part of'this contract. 'the C'untractor will ensure that the insurance obtained will extend protection to all. Subcontractors engaged by the Contractor. As an alternative, (lie Contractor may require all Subcontractors to obtain insurance consistent with the attached Schedules. 'rho contractor will not be pennifted to conirrioncc work governed by this contract until satisfactory evidence of the required insurance has been Furnished to the County as specified below. Delays in the comin one cin exit ofwoj.-k-, rcstilting.frorn the failure oftlic Contractor to provide satisfactory evidence of the required insurancc, shall not extend deadlines slit6ficd in this contract and any penalties an(] Ilailure to perform assessments ,hall be imposed as if work, commenced on the specified date and fitne,except for the Contra c l or's failure to provide satisfactory evidence. 'the Contractor Shall inainlain the required insurance throughout the entire terns of this contract an(] any extensions.Failure to comply with this provision ulay result in the finnicdiatc suspension of-all work until the required insurance has been reinstated or replaced, Delays in the completion ol"work reselling from the failure of the Contractor to maintain the required insurance shall not extend dcadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had riot been, suspended,except tier the Contractor's failuirc to triaintain the required insurance. Ilse Contractor shall provide,to the County,as satisf'acto&j•evidence of the required insurance, either- • Certificate of insurance Or • A Certified copy ol'the actual insurance policy. The County, at its sole option, has the right to request a cerlified copy of any or all insurance policies required by this contract. All insurance policies trust specit�, that,they are not subject to cancellation,non-renewal,inaterial change, or reduction in coverage unless a inininiurn of thirly (30) days prior notification is given to the Counly by the insurer. The acceptance and/or approval of the Contractor's insurance shall riot be constmed as relieving [lie Contractor from any liability or obligation assumed under this contract or imposed by lavy. The Monroe Count), Board of Connt�y Commissionors, its employces and officials will be included Is "Additional Insure d"on all policies,except for Workers'Corripensation. AECOM I TAB 4 County Forms and Licenses 112 Monroe County Transportation Planning Professional Services for Monroe County RFQ-for Transportation Planning Services Any deviations from this General Insurance Requirements M1181 be requested in writing on the (.ounq_, prepared fionn entitled"Request 161. Waivcr of Insurance lzcquiremcnts"and approved by Monroc County Risk Management -46- AECOM I TAB 4 County Forms and Licenses 113 Monroe County Transportation Planning Professional Services for Monroe County RFQ-for Transportation Planning Services NVORKERS' COMPENSATION INSIJRikN('F REQU,IRE N4ENTS Prior to, the commencement of Work governed by this contract, the Contractor shall obtain Workers' (.,',ompcnsa(ion Insurance with limits sufficient to respond to the applicable state statues. In addition, the Contractor shall obtain Finployers'Liability Insurance with limits,of not less than. S100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy litnits S 100,000 Bodily Injury by 1)isease,eacli employee C.overage shall be maintained throughout the entire term of'lhe conlract. Coverage shall be provided by a company or companies authorized to transact business in the state of. Florida. If the Contractor has been approved by the Florida's Depaillment of La as an authorized self-insurer, (he County shall recognize and honor t tic Contractor's status. the Cornrador may be required to submit a Letter ofAuthorization issued by the Department of Labor and a Certificalle of Insurance,providing details on the Contractor's Excess Insurance Program. 11' (he Contractor participates in it self-insurance fund, it Certificate of Insurance will be required. In addition, the Contractor may be required to subinit updated financial statements from the find upon request firom the(.7ounly. -47- AECOM I TAB 4 County Forms and Licenses 114 Monroe County Transportation Planning Professional Services for Monroe County RFC -for Transportation Planning Services GENERAL LIABILITY INSURANCE REQUIRFINIENTS Prior to the cerrtatraetrceraaerrt of work goverticd by this contract, the Contractor shall obtain Gcrlel�al I.Jability Insurance. ('overage sliall be maintained throughout the life of the contract and include, as a • Premises Operations ■ Products and Completed Operations Blanket Contractual I.Jabilily Personal hijuq Liability • Expanded Definition of llropcily Dainagc(as per standard ISO policy form CG 00 01 04 13) -rhe minimun, limits acceptable shall be: S500,000 Combined Sitigle Limit(CS'l) It'split limits are provided, the miriinium limits acceptable shall he- $100,,000 per Person S500,000 Per 0ccul'irclice S50,000 Property Damage An Occurrence Form policy is preteffed. If coverage is provided oil a Claims Made policy, its provisions should include coverage fbir claims filed on or after the e1kctive elate of this contract, In addition, tile period for which claims may be reported should extend for a minimum of twelve (12)months following [lie acceplanec ol'work by the County. The Monroe County Boar-d ol"County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. AECOM I TAB 4 County Forms and Licenses 115 Monroe County Transportation Planning Professional Services for Monroe County RFQ-for Transportation Planning Services VEHICI...E LIABILITY INSURANCE REOUIRENIIIATS Recogili zing that tile woj-k gownied by this contract requifes, the use of vcli:iclQs, the Contractor, I)iiof to (tic commencement of work, shall obtain Vchicic Liability( Insurance. Coveragc shall be maintained throughout the life of tile contract and include,as a minimum,liability co-verage for: a Owned,Non-Owned,and Hired Vehicles The minirrymn firniLs,acceptable sliall be: $300,000 Combined Single Limit(CST,) Ifsplit limits arc provided, the mininwill limits acueptable sliall be. $200,000 per Person $300,000 per Occuiunco $200,000 Prolicrly Damage 'The Monroc County Board of' 'ounty Commissioners shall be naniod as Additional histired on all: policies issued to satisfy, the above requirements. AECOM I TAB 4 County Forms and Licenses 116 Monroe County Transportation Planning Professional Services for Monroe County RFQ-for Transportation Planning Services PROFESSIONIAL LIABILITY INSURANCE REQUIRVINIFATS Recognizing that the work govcmed by this conlract involves the furnishing of advice or services of as professional nature, the Contrictor shall purchase and maintain, throughout the life of the Conlrict, Professional Liability Insurance which will respond to dainages resulting fi-oni any dairn arising out of'tile pcirfurnun" of professional services or any en-or or omission of the Contrador arising out of the work go-verned by this Contract. The minimum limits,of liability shall be: Clawn S500,000 perX)umm-xiKWl,000,000 Aggregate 50- AECOM I TAB 4 County Forms and Licenses 117 Monroe County Transportation Planning Professional Services for Monroe County RFQ-for Transportation Plani-mg Services Respondent's Insurance and Indemnification Statement Insurance Reguirelpent Require Limits Wolleel`s(I"Ornpellsation and $100,000 Bodily lqj tify by Accident E"mp]oy ers Liability $500,000 Bodily Injuty by I)iscase,policy limits $1 00flOO Hodily Itkjury by F)kcaw,each employee General Liability $500,000 Combined Single L,iinif ffriAit 11w Elimilliulli hlliits'acccpha,)Ia Shall b� S100,000 per person S500,000 per occun-crice $50,000 property damage Vehicle Liability $300,1)00 Cornbined Single Limill If q)JA IIIElib"alt Inevide(L die,iiiiialiumi Iijuits,occcpLke,,ah�ifl lee: S200,000 per person S300,0(R)per occtirrence $200:,000 par cq)erty darnage professional Liabilily $500,000 per NXXWXXlXI(claim $1,000,000 aggyregate 1-101,F)HARNRISS FOR.C ON S IJ LTANTS AT.,jr) The Respondent covenants and agrees To indcrmukl, hold harmless and defend Monroe County, its con,unissionors, officers, cniployces, agents and scli,,ants, fron'l any and all clauns fi:)r bodily injury, including dcath, personal iqjury, and properly (Liniage, including property owned by N,Iomroe Counly, and any either losses, damages, and expenses cA any kind, including attorney's fees, court costs and expenses, which arise out of', in councction Witli, or by reason of services provided by the Contractor or any of'its Subconlraclor(s)in any tier, occasioned by die,negligcnec, errors, or ollier wrongful act or ornission ofthc R,eqponderll, including its Subcontractor(s)in any tier, their officers cluployces,slwallt%01,agents. In the event that (lie cornplelion of flie work (lo include the work of olliers) is delayed or suspended as it result of the Respondeilit's failurc to Purcliasc, ur Tylilinlain tic required instirancu, the Ruspondent shall indcmnily,the County fi-om any and all increased expenses resulting fi-oni such delay. Ilie extent of liability is in no way Ifinited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreemeni. This indernnification shall survive the expiration or earlier termination of,the Agreement. RE.SPONDENFS SJ'AFLNjLIN'F I understand the insurance that will be niandatoi-iyr if awarded the contract and will cotnply ill ffill with all the rectum-criwins. AECOM Technical Services,inc. Respondent gyul t t u re Robert Edelstein,PhD, PE,PTOE Authorized Signatory AECOM I TAB 4 County Forms and Licenses 118 Monroe County Transportation Planning Professional Services for Monroe County RFQ-for Transportation P'lanning Services Bro er's INSURANCE AMAMN STATEMENT I have rcvicwcd the abovc requirements with (tie bidder named below. The, l'ollowing deductibles apply to the corresponding policy- K)LICY DEDUCTIBLES AECOM is responsible for all deductibles under its insurance policies. Liability policies are x Occurrence X Claims Made (Professional Liability) Marsh Risk and N nsu rance Services Date:01/16/2023 InsuranceAgUkU Broker Signatur' Piinl Nallie: James,Vogel -52- ---------------------- AECOM I TAB 4 County Forms and Licenses 119 Monroe County Transportation Planning Professional Services for Monroe County RFQ-for Transportation Planning Services MONROE C.1011NTY, F1.10RIDA RISK MANAGEMENT POLICY AND PROCEDURES C'ON,rRACT ,,kDN,IINISTR,A,"PION .N,IAN I JAI, WAIVER OF INSURANCE REQUIRENIENTS There will be times when it will be necessary, or in the best interest of'the County, to deviate from the standard insurance requirenient% specified within this manual. Recognizing this potential, and acting on the advice of the C,ounly Attorney, the Board of'County Commissionens has granted authorization to Risk .Managenient to waive and modify various insurance provisions. Specificallyexcluded fi-orn this authorization is the right to,waive The County as being named as an Additional Instired 11 a letter firoin the Insurance Company (not the Agcnt)is presented, stating that dicy are unable or unwilling to name the County as an Additional InSUred,Risk Management has been granted the authority to%vaive this provision. And 0 The Indemnification an(] Hold Harmless provisions Waiving,of nsurance provision,,,could cxposc flic.County to econornic loss. For this reason,every,attempt should be made to obtain the, standard insurance requirements. If a waiver or a,rriodiifica6on is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted fin consideration with the proposal. After consideration by Risk Management and if' approved, the form will be returned, to the Counly Attorney who will subtirit the Waiver with the other Contract docunionts for exCuutiori by the Clerk ol'the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board ot'County Commissioners,who retains the final decision-making authority. -53- AECOM I TAB 4 County Forms and Licenses 120 Monroe County Transportation Planning Professional Services for Monroe County RFC -for Transportation Planning Services MONROE COUNI'Y,FLORIDA Request For Waiver of Insurailice Requirements It is requested that the insurance requirements, its specified in the County's Schedule of Insurance Itcquirements,bc waived or moctifiod on the following contract: C',ontractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to.: Signature of Contractor: Approved Not Approved Rish Management: Date: (",ounry, ,Administrator appeal: Approved Not Aplmx)ve(I Date: Board of(,,ounty Coturritissioners appeal: Approved Not Approved Nleetiiig Date: AECOM Technical Services, Inc. TIDDER SIGNATIlLW Robert Edelstein, PhD, PE, PTOE -54- Authorized Signatory AECOM I TAB 4 County Forms and Licenses 121 Monroe County Transportation Planning Professional Services for Monroe County RFP for Trans2ortation Plianninq Serwoes INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS Workcr's c'mimcnsation $100,000 Bodily Injury by Ace. S500,000 Bodily In'j-by Disease, policy lints 0 00$100, Bodily Inj,by Discaso,each cinp. General Liabilily,including S500,000 Combined Single Limit promises Operation Products and CompIctiod Operations Blanket Clontractual Liability I'Qrsonal Irlitilry Liability Expanded Detinitimi off'roperty,Damage Vehicle L,iability $200,000 per Person (Owncd,non-own od and hi rod vchi cl cs)$300,000 per 0C curt-Clice $200,000 Property Damage $30000,000(,7ornbined Single Limit Prof�ssional Liability $500,000 per OCeti 1-rence, S 1,000,000 A�Ilgrcga to The Monroe County Board of County Commissioners shall be narned as Additimial insured on all policies issued to satisfy the abovc requirements. -55- AECOM I TAB 4 County Forms and Licenses 122 Terms and Conditions AECOM Technical Services,Inc.("ATS")has reviewed Monroe County's Request for Qualifications for Transportation Planning Professional Services(RFQ 1-18-2023). In the event of award,ATS respectfully reserves the right to negotiate mutually acceptable terms and conditions of contract,as well as the terms included in the RFQ to the extent same are incorporated into the final contract,in an effort to reach a mutually agreeable contract in line with appropriate industry standards. Monroe County Transportation Planning Professional Services for Monroe County Paee'me¢ea^ Narn2� AEC6IATRCHNICALsERVICIFSr k+�zn5e1442rnbcr.' ,514,5 ' INe. (�' Rank: Registry Lirense Expiration Date : Stateof Florida prmary Status Current Original License Dsle 01/22/1999 ➢irtN"IB rt^Icu&ernnnfi— DepCl th2es2t Of State >aal+se status nelat Pt er 1t0ta 7ansnSP ff��ve Raak Extumt9an; Namfner- Tyir#' ukase 46656 Current, CORNISH,KEVIN MICHAEL Registry 01/29/2016 Professional 02/26/2023 Active E g:e t certifv front the records of this office that AECOM"I LCI INTCAL SLRV ll 41908 Current, GARCTA,CARLOS Registry Profs silonal 02/28/2023 INC.is a California corporation authorized to transact business in the State of Active Engineer Florida,qualified On,August 21,.1995. 57637 Current, WITMIEIER,IBENJAMIN JOSEPH.Registry Prish ssional 02/28/2023 Active Eir hear The dociunent number of this corporation is-'95000004014. 1 @trther certify that said corporation has paid all fees due this office through t L7ecamber 31.2022,that its most recent annual repo t/umfortn businots report Name: AEC OM TeCHNICA4 SERVitYll Ltal Rem b6ri Was filed on March'1,2022,and that its statah is active_ INC: Rank: A.reAriteot Business Information. License Expiration Date', I further certify that said corporation has not tiled a Certificate of Witutra�aal. Primary Si Current Original License Date: 08/06/2003 6Er;6nlz.rB d,u¢ernlr I ib.'osni Lk.rsol Stattts Leelatetl Rdwky lealationsHtl"s itolatlon nnente A•*W'atkln Nporl om ,Trde EffecliblC,e0te <'pats Al Current, DINGES,ERIC THOMAS Responsible 08/191 2 9 2 1 ArCbite.Ct 02f2812023 Carew—de,—hand,nd tfre Active Supervisor freol.FC(fl Oftbe Slate RfrInridn AR99442 Current, DTNGES,ERIC THOMAS Qualifying 07/01/2021. Alrrhile Ct 02f28/2023 w Tnf/Nmasce,Nee 00W,this active Archttert U c F'uerneenrh days uf:'rtarch, 2022 LVr t rt Nicma !cC'q,Gf1 TLRWIrtIiCAIV3'E,RU]C45 INC Llanse Num68r: Rene: Geology Business Information Li—sr rgip,prip,Date: Plmary Status'. Current O glnalL e.ate'. e2/c5/1 . ��J�� S dory SL L gCtl'rve r m, Secrtrtrra;V erf 51[rl;e a oft"uii ,n Ueaapa R,elatinnamp Aelgn9n amyl ati NJmaelr' -stvttba Relzteq Psi _'r'kP8naxiElyv.Gabe fi0aa" 7 date .1'r lki.g Nunrhel':21.941129411(:1: PG2398 Current, MARSHALL,CHRISTOPHER 8 P fesslcnal 1 3191/2 0 22. P.ntessional 0 713 4/2 024 � Active Geologist Geob4ist. 'I Iu x¢ILcnliialn.this,'crlidi,'xh,visil ILr.full¢sxi¢K.+ilcc'utcr Ihu nn,¢hrr,ant Ih,n fnilary the mn..fi.nn diephe vi. hllps:r vc ru.s l�u�r'Id oRS/Ct iffi-MJiNal vC¢1,f,nlc,V lh�n4'cnlion 7rrs6M'rroM1A14+A Sbrw345f,enC" 4 ReytgP4ix Po lsdon Local Business Tax Recei nupyMr � rY j.�„: h��uve•ipa a Cta$9P.T3.... Miami-.Dade County,State of Florida —74'9l5[5 hl4]Y A BILL.—130 NOT PAY [LBT-I/ 6400824 BUSINESS WCATION RECEIPT 116. PI S AECCJM TECHNICAL SERVICES INC RENEWAL 2 ALHAMBRA PLZ STE 900 4641578 Must be displayed at plane of txtshil CORAL GABLES FL 331 34-5 249 Pursuant to County Code Chapter RA—Art B 11110 OWNER AECOM TECHNICAL SERNCES INC 212 PAJCARP PARTNERSHIPIFIRM agTAXPAYMENTaEeElYEO C/0 ESALBERT EB8116 $337. 0 07 $337.50 07/26f2022 €rtmplayll 75 INT-22-375729 This Local Business Tar iRoold tanly conRrin pa�m¢IM of the Local Business Tax.The Re lIt is not a lic®nca, powILoracodificationotgm cider's goal"eRcafimlha,�dobositllesa.HatldormuttcomplywkhfinygovemmentaI or go oWereme trial mgolaW ry laws and requiraaents which apply to%be hostages. The RECEIPT Hl ahover mart he displayed on all caxamersial vehicles:—1Atarn"Ada Cede Sac Ila—M For m ore®trlarmati a,visit MME him idade.cgvftaxcol19212r 1 1 AECOM I TAB 4 County Forms and Licenses 124 Monroe County Transportation Planning Professional Services for Monroe County RFP for Transportation Planning Services r Y Minority Owned Business Decluaration. Infinite Source Communications Group LLC,a,stab-contractor engaged by MOnroc;County during the Completion. of work assocratcd with the below Indicatcd project (Check cane) is a minority business enterprise,as defined in Section 288 703,Florida Statutes aaa° is not as minority business cnlrerprrse,as defined ur Section 288-7037 Florida Staatute:sa- F- 288.703 3 "Minority business en(er ise'"nacbans away:small business concern as detined in subtraction(6)(see •( i lm . bell'%)Wwl]:I.ch is orgkk:N7d/..ed to ongage in C4}437t3'7.ercial transactions.,'which is domiciled in Florida,and wVhich is at least 51-percent-owned by minority persons who Kart;naeanbers cal"an insular g oup>that is of a particular racial,ethnic,or gender"aaaalkeup or national origin,which has been sarblected historically to disparate treatment due to ideratrf cation in and with that groarp resulting in an a anderrepre�entation of commercial enterprises under the group'S control,.and whose management and daily operations are controlled by such persons.A minority business enterllrise may prirnaa ily involve,the Practice cal'a prolession.Ownership by a,minority person does not include ownership which is the result of a tram der froln a nolli aillor ly per°."on to:a trainority person wvitbun as related inunediato tanifly troupe if the combined total net asset value of as➢1 naenrbers of such family group exceeds$1 million.For purposeti Of this sarlw ecti saa,the tc rua"related immediate f<arni,ly Praia{la"means one or More childre,aa under 10 years of'age and a parent of strch children or the spouse of such parent residing in the saaaae lacansc;OF hViFI Unit. F.S 288.703(6) `aSnaall dames"nicaans an independently owned and Operated baasiness concern that.emph.)ys'24'0 or fewer permanent full-tire employees and that,together with its affiliates,has a net wvcrth of not aaaore than S5 million orally f inn based in this state W)icb has a Stnaall Busina^sw Administration fl(aa)certification As:applicable to scale proprietamsbips,the$5 million net worth requirement shall include both personal and business investments- Con may refer to F. 288.'703 for more information. Contractor AE'COM Technical Services,Inc. w , Datc.1/16i1202'3 __. .................... Signature Print lslamre Robert Edelstein PhD,PE,PTCE Title Principal ua CharrD2 R Sr.'tYne President Address:2 Alhambra Plaza,Suite 900 C:itraStatc'Zap Carat Gambles,FL 33134 -------- Far Monroe Cczunty Verifaicaticaa'a: `l`itlel Clittl3 Department Verified wfia:lattns:llosd.dms,rmyflorida.comldirectories 5Fr. AECOM I TAB 4 County Forms and Licenses 125 Monroe County Transportation Planning Professional Services for Monroe County RFP for Transportation Ranning Semces APPENDIX A,44 C.F.R. PART 1.8—CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding$100,000) Certification for C(,-)ntra.cts,Orants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her luiowledge and belief,that,: 1. No Federal appropriated funds have beeli paid or will be paid, by or on beliall' of die undersig)'ied, to any person lot- influencing or attempting to influence an oll-icer or eniployce ol'an agency, as Member cif Congress, an of Beeror crnplo)�ee of'Congress, or art enipfoyee of a Mcniber of'Congress in connection witli the awarding of any Federal contract, the rriaking of any Ilederal gnant, the niaking of any Federal loan, die catering into of any cooperative agreenient, and the, extension, cont"'Ll""ol"reile\Va17 or modification Of any Federal contract, grant, loan,or Cooperative agrocnient. 2. ll-any funds other dian Federal appropriated funds have bean paid or wil I be paid to any person for influencing or attempting to Influence all officer or C111ployee of any agency, as Member ofCongress, in choicer-or employee of Congress, or an eniplo ,�N cc of a NAcniber of Congress in connection with this Federal contract, grant,loan,or cooperative agreement,the undersigned shall coniplete and SUbtnit,Standard Forni-1,11, "Disclosure Forni to Report with its instructi011s- 3. The undersigiijeAsAiall require that the lawguage of this certification be included in (lie award doctinients lbr all subawards at all tiers, (including Subcontracts, subgrants, and contracts under grants, loans,and cooperative agreenients)and that all SUbrecipients sdiall certify and disclose accordingly.This ceriffication is a material representation A'fact upon wlilch rellarice was placed %,vlien ffilSti-11111184,10,1011 Wills n1adC OF entered into. Submissdon of this certification is as prerequisite for rnaking or entering into this transaction Iniposed by section 1.352, title 31, t I.S. Code. Any person who fails to lilt the required certification shall be subJect, to a civil penalty(if not less than $1 O,000 and not 1110N 111all$100,000 101- each SUCII fililtire. The Contractor, AECOM Technicm services,Inc. ,certifies or affirms the truthfidn s, and accuracy of each statement of its certification and disclosure,irany. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C".Chap. 38., Administrative Remedies for False Claims,and Statements,apply to this certification and disclosure,if any. ............... Signature of Contractor's ALIthorized Official Robert Edelstein,PhD,PE,PTOE/Sr.Vice President/AuthOTIzed Signatory 11/11/202'3 Name and Title of Contractor's ALL1,11orized Official Date -57- AECOM I TAB 4 County Forms and Licenses 126 Monroe County Transportation Planning Professional Services for Monroe County RF P for Transportation Planning Services DISC LOSU'RE OF LOBBYING ACTIVITEES C01 MPUTE THI 5 F 0 lul rO,Dr.,CLO ID BBA"D;G Av"TV=S'PIT.MmSUANT TO 3 1 U�S I�5 71 1 Type offederal Acticna.: 2. S ff Ac titrrz oederal tiaw 3. Re-,.,port Type: 'I, Carl,= E❑X1 N.'bzIofferIaPVhCk0D 3.bVial b gr.7al b nutial awayd b matffLal chnue C. Z. post-awmd d, lam 1`43T Material C'haage OMIT: e. loari gularanlee, yaar .r.- q, f 9DmAny,=e date of Lait report L Name and Addresr of Rkwrfing Ecifity S., FX I Pnme Elsubawardap Emley Name amd Address of Prime Der ifknowz C 'We ssauxtal Djstrtrt,if lMown comgress3osal tract„Lftnawm 6. Federal Depaftm rat"Ageury: 7. Federal Progralar Name,"Descriphoot: CFDA Numbez.,iff applicable g�. Fedfra]Artima Number:,iftnown,,: 9. Award Ammumi,if knovin: 10. a. Name audAeddressa1L&bbTEmhIT b. Indhidwis PeTforming SeTwices (mr.hbdmg (If individw],last name,:Fria nimie,MIJ address if diffel'ani froal No.ION) Not applicable A;goat n I) name,Ent nanae,M (anach iftecessazy) 11. Amoommt of Paymeart(chm Irc A that apply) 13. 'Type of Paympaii(Chkk all hart xpply) F—I a retaLner F7 b ont-dLue7&,n: 12. Form of Poymemf(check all that spNy C. COMML.,lor, F—I 3, ca&h izmtm_eemt fee E-I b. ittArnAl ppcut,-: nAna;_ e aPaloe f other,s-perIty, 14. Beef Descriptimar of Serdcm Per faTmed wtabe perfarmed and DaWj)ofSerm)p,includimi; effive#s),.,eW3oyW:s),,,it membez1s)caslacted,for PAyme ad:bglicated in.Rem 11: 1.5. Cautjmaxdam!Sheet�s)attachet: Yes El No, EI 1,lji. Itf,=, bIDUTKIW&,tIi tkrM 0114,L=m%=&=4d by TkIPM U,S,r Sclkm,1312 rkwi dii6csiLm tafl0j*,I=F r;Lzzo;was pb�crhd by tb%tzar abovaw1an hzi tramixtiou vrm.made x eatgrgi maro 71an Ia�cbvzg iT.mq=ad Prmt Nlaale:: Robe rt Ede Isle lk P k D.P E.PTO E pun u=tb]ZU,5C,l,352 TUiJinfimrabanwiUb; rQFca-tGd to Ca2grwL&am=mm oar lht and wil b%,mmihbk foll puh,Lc inupaztan jjr�,,pw,zm04ho f3fl,ILEL:h, Tille:Gel brVU P regkIektiAltliortzed Slqkat)ry &4-Ioslzq a3z,b;n7b)sct to a czai]FQWity BE mat kGI,&2M 110„Yjrj lad mm,==thm.%]OMKO for ME1 a=Ihihzg. 9542055109 Dare:1 A 1 l2023 ALLI�houed fw LacalRepurpJactim Federal'Use Oialy-. Standard Fann.-LLL 2-6c PAR7 2#rGJIN7Y INS TRU U TIONS FOR U OMPLE TION OF SF-LLL. AECOM I TAB 4 County Forms and Licenses 127 Monroe County Transportation Planning Professional Services for Monroe County RFP for Transportation Ranning Serviices DISCIDST-TRE OF 1A)BBYING ACTIVITIFS This,disclosure form Shall he completed by the reporting enfiliy,whether subawardee lit pi inie Fedend recipient, at the inifiatioli or ieceipit of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for Rich payincia or agicurricut W make pa, atICITIptilig to iliflUCTICU an officer 01 e1TJpJ0yCC of arty agency,a flijunt to lobbying entity for inflUC116lig Or Mcnibut ufCuijgic�,.,an officer ur curptuyuc of oltgic:;� of art citillduyvi;of Mcirlbei of in connection with a cuvocclFcdcoat actical. Attack a continuation dicet foi addit i carat intbrination it'tile q3acc ora tire. forni is inadecitrifte- Complete kill itertis that apply for both the initial filing and niataial change report- Refer to the imploilenfing grucWice publislied by the Office of Management and Budget for additional information. I. ldcutify the type of covered Fcclural action for which hibbyiiq;avitivity is,and/or hwi bear sucuted to influence,the ouieurnu of a cover cd Fixhandl Wien. 2. Ickutify tile qatus of ale covulud Fudcrid action. 3. Identify tire uppiopriate classification Of dris I upogt, If Illis is a follow-up i cport causud by a HAUtUl iU]Ch-ditgC 10 tile inf(orinUdorl [AMULISIV t0j)(11Wfl, OFAU! (tic year and quarter in which the changO OCCUrlud. Dito flit d"de of the last, PrUVIOUSly'AlbHRUCd iqnut by this :Qporfing emit y fear tbis covered Federalaction. 4. Fillet tile Nit name, addict city,state will dip Code of the reporting entity. Include Congressional Dish ict if known. ("treat;tile appropriate clawficatinn of the reporting etifity that designate,,if it is or expects it)be a prone or mibaw9rd recipient- Identify the tier of the submvirdee,e.g.,the first suNawardee of the prime is the firAtier. Stibilivards include but are not finfited to subcontracts,subgrants and contract, awaidslindia glants. 5�. lfdlc.orgallizalion filing tire report in Item 1 dicck' 'Subawardcc"flicti critco[tic felt naine.,addicss,city,slate and Ap codc.ofthi; prinicIT"Icial iccipicrit. IncludcCongic5sional District,flzilown. G. Entei the name ofthe Federal agency making tile MVV, (l or loan coninlifirient. Include at least one olganizlition level below agency name,ifknown. For exanijlle,Dqmnirient of'riansportnti Lin,United states,(7onst(imag d. 7. Etlter tile Federn]program name Or description for the covered Federal action(item I,;). If known,enter the full C06[18 of Federal Domestic Assistance(CFDA)nurnber for grants,cooperative agreements,loans and loan corlinutilicarts. Is. Filler tile lilo,4 appropriate Peclelal identifying lunriber avifflable for the FederAl action identification in ftent I (e_g., Request,for Proposal (RFP) number, invitation for Bid (IFH) n1trubler, 81-21tit 3T)nouncernent tinniber, the contract grant. or Join award number, the assigiie(lby the Fccicral-agciicy,). Include,prefmcs,c.g., TdTP-DE-90-001." 9. For u covered Fedo-al action whacthutc Baas b"m an uwardui luall UgCEICY,UJIVI the FWC1111 alhoulltof 1.110 awaiffluall itumll or 5- 10- (a)Drier the fiffl narlic,addiess,city,stare and zip code offficlobbying,entity cogagod by llic reporting crifity identified in itan•I to filtIRCEIMI the covered Federal action.. (b)Filter tire full names Of the individual(s)PLI-fun-fling sclviccs and include full addo css if difYcrent fi oin 10(a). Enter UvA,Name, Nist N-dinc and Middlc Initial(MI). ]I. Enter the amount of Colupell""ation paid of reasonably expected LO LW grid b)1 the NpUlfin Ultil y(iturn 1)to[tic lubbying canny(item I ot- Indicate Whether tile paynicift has been made(actual)or will be made(planned). Cl ieck all boxes that apply. It'this is a niatei jali chatige report,enter the cunittlative liniount ot'pHyructil runde or planned to be ruade- 12. C11cck the applula iatu box. Cliock all boxes that apply. If tyayincril is nrudc through art in-kind conigibution,spucif y[tic nature mid vahie of the in-kind payment.. 13. Clieck the kippropi iate blix. Check all boxes that apply-Nother,qieciry nature. t 4. Ill ovide n specific and detailed description of'th e service,;that the lobbyist has peofonlied or Nv ill be expected to perrm ill mid the datV(Nl Ufally SClViCCS TViclarcd. Include'all In-cpai atory-and i elated activity ijutjust little spcill,in acIual uuntict with Federal officials. Identify ifiv, Fctheritl(11fica(K�)(.IF UrriploycC(s)contactud()I[tic officer(s)employcc(s)fir Mcinbur(,.,) ofCongrcss that wa C coiltact"L 15. Check whether or not a continuation shett(s)i.,,;attached. 16. The cei-tifying official shall sign and date the form,print his/her narne title and telephone number. Public iepolfing burdai for this collection of bribrination is,c5firnated to average 30 illinutcs per response, including firlic for iuvicWing instruction, starching existill?, (1111a sauces,, gathering mid maintaining the data neeclal, and conipleting atilt reviewing the collection tit' informatimi. Send cortunenN regarding the Nirden estimate or any,other aspect of this collection of infill-InfltinTI, including uggestions.,flir rtclucingtillis burden,to the Office ofNtanagernent and Budget,Paperwork,Reductionl1roject (0348-00161,Wastnugion,D.C.20�503. SF-I,LL-Ijjslru0jouM Rev-0641- 90l&NDIFa� 2-6d PART 2/COUNTY -59- AECOM I TAB 4 County Forms and Licenses 128 rJ' - r rr jy About AECOM AECOM is the world's trusted infrastructure consulting firm,delivering professional services throughout the project lifecycle—from planning,design and engineering to program and construction management.On projects spanning transportation,buildings,water,new energy and the environment,our public-and private-sector clients trust us to solve their most complex challenges.Our teams are driven by a common purpose to deliver a betterworld through our unrivaled technical expertise and innovation,a culture of equity,diversity and inclusion,and a commitment to environmental,social and governance priorities.AECOM is a Fortune 500 firm and its Professional Services business had revenue of$13.3 billion in fiscal year 2021.See how we are delivering sustainable legacies for generations to come at aecom.com and @AECOM. "' aecom.com ACCOR"® CERTIFICATE OF LIABILITY INSURANCE D03/27/2023DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michelle M.de la Cruz Marsh Risk&Insurance Services NAME: PHONE CA License#0437153 AI CC No Ext: 213-624-5132 A/c,No): 633 W.Fifth Street,Suite 1200 E-MAIL ADDREss: michelle.m.delacruz@marsh.com Los Angeles,CA 90071 Attn:LosAngeles.CertRequest@Marsh.Com INSURER(S)AFFORDING COVERAGE NAIC# CN 10 1 348564-STND-GAU E-23-24 03 2023 INSURER A:ACE American Insurance Company 22667 INSURED AECOMINSURER B:N/A N/A AECOM Technical Services,Inc. INSURER C:Illinois Union Insurance Cc 27960 110 East Broward Boulevard INSURER D:SEE ACORD 101 Suite 700 Fort Lauderdale,FL 33301 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-002671337-01 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY HDOG47334275 04/01/2023 04/01/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE OCCUR PRE APPROVED .IS a occur ante $ENTED 1,000,000 APPROVED BY RISK MANAGEMENT r BY •- � � 1�,, MED EXP(Any one person) $ 5,000 DATE 41312023... " PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: WAIVER N/A_YES JECT GENERAL AGGREGATE $ 1,000,000 _ X POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: $ A AUTOMOBILE LIABILITY ISA H10735531 04/01/2023 04/01/2024 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ D WORKERS COMPENSATION SEE ACORD 101 04/01/2023 04/01/2024 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C ARCHITECTS&ENG. EON G21654693 005 04/01/2023 04/01/2024 Per Claim/Agg 2,000,000 PROFESSIONAL LIAB. "CLAIMS MADE" Defense Included DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Transportation Planning Professional Services for Monroe County Monroe County Board of Commissioners,its employees,officials and officers are named as additional insured for GL&AL coverages,but only as respects work performed by or on behalf of the named insured and where required by written contract. CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Risk Management Administrator ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE 7y W41 &�r�¢cvra�iice S @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN101348564 LOC#: Los Angeles ACOOR 0 ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh Risk&Insurance Services AECOM AECOM Technical Services,Inc. POLICY NUMBER 110 East Broward Boulevard Suite 700 Fort Lauderdale,FL 33301 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 Liability cont. Policy Number Insurer States Covered WLR C50710129 Indemnity Insurance Company of North America-NAIC#43575 AOS WLRC50710014 ACE American Insurance Company-NAIC#22667 MA SCF C50710257 ACE Fire Underwriters Insurance Company-NAIC#20702 WI Retro ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD