Marathon Airport AMENDMENT #1
to the
AGREEMENT BETWEEN OWNER AND CONSULTANT
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Owner: Monroe County Board of Cgt,mty Cowissiaers
500 Whitehead Street '' -
Key West, FL 33040
(305) 294 -4641
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Consultant: Petsche and Associates, Inc.
1760 N. Congress Avenue, Suite 203
West Palm Beach, FL 33409
(407) 640 -3800
Construction Morrison Knudsen /Gerrits
Manager: 5090 College Road
Key West, FL 33040
(305) 292 -7845
Project: Survey & Subsurface Investigations
Marathon Airport
Marathon Airport
03/31/93 AMENDMENT #1 Page 1
• Services will be provided at the rates specified in the annual Agreement
between Owner and Consultant for Surveying & Subsurface Investigations and
as established in their letter dated January 6, 1993, for the budget estimate
amount of $5,375.00. Any work exceeding the amount of the budget estimate
shall require an approval before commencement.
• The Owner shall decide all questions and disputes, of any nature whatsoever,
that may arise in the execution and fulfillment of the services provided for
under this Agreement.
The decision of the Owner upon all claims, questions, disputes, and conflicts
shall be final and conclusive, and shall be binding upon all parties to this
Agreement.
• This Agreement may be terminated by either party upon seven (7) days
written notice to the other party should either party fail substantially to
perform in accordance with the terms of this Agreement through no fault of
the other party.
In the event that conditions arise, such as lack of available funds, which in the
County's opinion make it advisable and in the public interest to terminate this
Agreement it may do so upon written notice.
If the project is suspended or abandoned in whole or in part for more than
three (3) months, the Consultant shall be compensated for all services
performed prior to receipt of written notice from the County of such
suspension or abandonment. If the project is resumed after being suspended
for more than three (3) months, the Consultant's compensation shall be
equitable adjusted.
• Records of expenses pertaining to all services performed shall be kept in
accordance with generally recognized accounting principles and procedures.
The Consultant's records shall be open to inspection and subject to
examination, audit, and /or reproduction during normal working hours by the
Owner's agent or authorized representative to the extent necessary to
adequately permit evaluation and verification of any invoices, payments, or
claims submitted by the Consultant or any of his payees pursuant to the
execution of the Agreement.
For the purpose of such audits, inspection, examinations, and evaluations, the
Owner's agent or authorized representative shall have access to said records
from the effective date of the Agreement, for the duration or work, and until
three (3) years after the date of final payment by the Owner to the Consultant
03/31/93 AMENDMENT #1 Page 2
pursuant to this Agreement.
The Owner's agent or authorized representative shall have access to the
Consultant's facilities and all necessary records in order to conduct audits in
compliance with this section. The Owner's agent or authorized representative
shall give the Consultant reasonable advance notice of intended inspections,
examinations, and /or audits.
The Consultant shall require their consultants to comply with the provisions
of this article by insertion of requirements of this article in written contract
agreements between the contractor and such payees. Failure to include such
provisions shall be reason to exclude some or all of the related payee's costs
from the amount payable to the Consultant pursuant to this contract.
• For the services performed on the Marathon Airport project, which includes
funding from federal agencies, this work must be performed in accordance
with the following provisions:
TITLE VI ASSURANCES
During the performance of this contract, the consultant, for itself, its assignees and
successors in interest (hereinafter referred to as the "consultant ") agrees as follows:
1. Compliance with Regulations. The consultant shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the Department of
Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this
contract.
2. Nondiscrimination. The consultant, with regard to the work performed by it during
the contract, shall not discriminate on the grounds of race, color, or national origin
in the selection and retention of subcontractors, including procurements of materials
and leases of equipment. The consultant shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, including Procurement of Materials and Equipment.
In all solicitations either by competitive bidding or negotiation made by the consultant
for work to be performed under a subcontract, including procurements of materials
or leases of equipment, each potential subcontractor or supplier shall be notified by
03/31/93 AMENDMENT #1 Page 3
•
the consultant of the consultant's obligations under this contract and the Regulations
relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The consultant shall provide all information and reports
required by the Regulations or directives issued pursuant thereto and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the sponsor or the Federal Aviation Administration (FAA)
to be pertinent to ascertain compliance with such Regulations, orders, and
instructions. Where any information required of a consultant is in the exclusive
possession of another who fails or refuses to furnish this information, the consultant
shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the consultant's noncompliance with
the nondiscrimination provisions of this contract, the sponsor shall impose such
contract sanctions as it or the FAA may determine to be appropriate, including, but
not limited to --
(a) withholding of payments to the consultant under the contract until the
consultant complies, and /or
(b) cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The consultant shall include the provisions of
Paragraphs 1 through 5 in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Regulations or directives issued pursuant
thereto. The consultant shall take such action with respect to any subcontract or
procurement as the sponsor or the FAA may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, however, that in the
event a consultant becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the consultant may request the
sponsor to enter into such litigation to protect the interests of the sponsor and, in
addition, the consultant may request the United States to enter into such litigation
to protect the interests of the United States.
MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES
1. Policy. It is the policy of the Department of Transportation (DOT) that minority
business enterprises as defined in 49 CFR Part 23 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in
part with Federal funds under this agreement. Consequently, the MBE requirements
of 49 CFR Part 23 apply to this agreement.
03/31/93 AMENDMENT #1 Page 4
2. MBE Obligation. The consultant agrees to ensure that minority business enterprises
as defined in 49 CFR Part 23 have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part with Federal
funds provided under this agreement. In this regard, all consultants shall take all
necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that
minority business enterprises have the maximum opportunity to compete for and
perform contracts. Consultants shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of DOT - assisted contracts.
Acceptance by execution of this document constitutes an acknowledgement that the
individual executing this document has the capacity to consent to the terms of this
agreement.
Owner: Mon : - ' ounty Board of County Commissioners
By:
Date: l(/, / q3
Attest: Danny L. Kolhage, Clerk
..03,tai.d. c.
Deputy Clerk
Consultant: Petsche an. A ssoc tes -
By: /
Peter J. ' - tsche, Vice President
Date: 9- Z' g
Attest: )2. --
03/31/93 AMENDMENT #1 APP o p T Page 5
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