Marathon Airport •
AMENDMENT #2
to the
AGREEMENT BETWEEN OWNER AND CONSULTANT
Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
(305) 294 -4641 :r�
c c
m T
\ J
O
Z " _
Consultant: Petsche and Associates, Inc. --- _. -
1760 N. Congress Avenue, Suite 203
West Palm Beach, FL 33409 } c
(407) 640 -3800
Construction Morrison Knudsen /Gerrits
Manager: 5090 College Road -
Key West, FL 33040
(305) 292 -7845
Project: Quality Control Testing and Threshold Inspection Services
Marathon Airport
03/31/93 AMENDMENT #2 Page 1
• Services will be provided at the rates specified in the annual Agreement
between Owner and Consultant for Quality Control Testing and Threshold
Inspection Services and as established in their letter dated March 31, 1993, for
the budget estimate amount of $85,205.50. Any work exceeding the amount
of the budget estimate shall require an approval before commencement.
• 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
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
03/31/93 AMENDMENT #2 Page 2
•
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.
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.
03/31/93 AMENDMENT #2 Page 3
• ,
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: Monroe 'o ty Boa • of Count Commissioners
i
By: , .
Date: ���� / LIl /0/3
Attest: Danny L. Kolhage, Clerk
a a,L,...6,,,,,,„..)
Deputy Clerk
Consultant: Petsche a • ./' ssoc. tes, - /
By: ..' /.���
Peter J. P sche, Vice President
/
Date: ¢-Z
Attest: 2,...■ ---e...--_______----`
0 - P,• o' -D AS Tn rnr."
,NDIr. .L Su - y
CI
L. '3
03/31/93 AMENDMENT #2 Page 4