Consent to Assignment 05/19/2010
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
May 20, 2010
TO:
Jerry Barnett, Director
Project Management
ATTN:
FROM:
Ann Riger
Contracts Administrator
Pamela G. Hanc(ij;c.
At the May 19, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Contract between Monroe County and Pedro Falcon Electrical Contractors, Inc. for
construction of new exterior stairs at the East Martello Towers.
Contract for Professional Services between Monroe County and Bender & Associates
Architects, P .A. for the Design through Contract Administration for the replacement of the
perimeter fencing at the West Martello Towers.
Contract for Professional Services between Monroe County and Bender & Associates
Architects, P.A. for the repair and stabilization of Brick and Mortar at the East Martello Towers.
Contract for Professional Services between Monroe County and Bender & Associates
Architects, P.A. for the repair and stabilization of Brick and Mortar at the West Martello Towers.
Contract between Monroe County and Bender & Associates Architects for Construction
Administration Services for the East Martello Tower Restroom Project.
V Consent to Assignment of the Contract for Maintenance and Annual Reporting of the
Environmental Wetland Mitigation at the Medical Examiner's Facility from BAT Constuction to
Terramar Environmental Services, Inc. (enclosed is a copy).
Enclosed is a duplicate original of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
B.A.T Constnlction GrOllP-Il~C.
305-296-6619 PH
305-296-9094 FX
ContIactor"s license No CGC 1.517356
127 Industrial Road, Suite E
Big Pine Key, Florida 33043
ApIi112,2010
EmaiJ: Wilson-Kevin@Monl'oeCounty-Fl.gov
Momoe Comity EngineeringIFacilities Development
1100 Simonton StIeet
Room 2-216
Key West, Flolida 33040
Attention: Kevin Wilson - Mom'oe County Project management Dept
Re: Medical ExaminCI"s Mitigation - 5 yeal'Maintenance and Monitoling ContI act
Dear Mr Wilson:
Please be advised that due 10 circumstances beyond OUI' contIol, BAT ConstIuction will not be able to
penolm selvices relating to the Medical Examinel's Onsite Wetland Mitigation Mea Monitoring and
Maintenance Plan S/26fI65SIR33EIFI- MM 56.5, Crawl Key, Momoe County, Florida dated Novembel
19,2008
Oul' subcontractol' fOt this project was IeII'8IDm Envil'onmental Services, Inc. 1241 Clane BouIevmd,
SugmioafKey, Florida 33042. Phone No. 305-393-4200, Fax No 305-745-1192. Email addIess-
teIlam8l@bellsouth.net.. MI Phil Frank has already completed one year monitoIing and reporting.
We request that the Icmaining contract be assigned to I eIIamaI' Environmental Services, Inc
We appl"eciate the opportunity and apologize for any inconvenience
Sincerely,
/I~.. ~
/~!~ as
BA I Construction Group, LLC
Managing Member'
del
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qJNSENT TO ASSIGNMENT OJ' 11R CONTRACf
Brrw,DI MONRQ~ COUNTY AND B.A.T. CONSmucnON.INC.
1'0 ~R ENVIRQNMJ:NTAL SaVlCES.INc.
AND ACCEPr~CE or'I'IR CONTRACI' WITH MONI\Q~ mUNTY
BY TDIlAMAIl ~ONMBNT4L ~DVlCI'& JNC;.
This Consent to AssianmEmt and acceptance of the rishts and duties under 111. contract is
efttered into this .!2.. day of ~?y ~ 2010, by and betwem Moaroo County, a
political subdivision of 1he Stale Of Flori'" whose address is 1100 Sirooomn Street, Key
West, Florida 33040 rCOlJN'lYh and B.A T. CONSTIlUC110N. me. (B.A. T.), and
TERllAMAIlEN'VIRONMENTAL SERVICES) INC. ~), the parties
agreeing 81 follows:
WBREAS, Mooroe County entered in10 a <<UI1IQt with B.A. T. CODSCIuction. Inc. on
Novemb<< 19, 2008. to complete a five year moni1OriDs prolftUll to perlbrm 1he
MaintallDC8 md AnDuaI RtJportiq of the Bnviromnenta1 Wed8lld Midption . the
Medic8l bMnirur's BuildinS; and
WIIEREAS, with B.A T. Cons1ruction, Inc. has given COUNTY notice 1hat it is unable
to complete 1110 oon1ract 1hat it has with COUNTY; and
WHEREAS, TBRllAMAR has served as a subcoD.1ractor on the job for B.A T. at 1he
Medical Examiner's Office for approximately ODe year~ during which time TERllAMAIl
has 8CCOIq)Jished for B.A T. its duties under 1he contract wi1h COUNlY and prep8I8d
1I1e reponing documcr1ts for B.A.T.; and
WJDr.IiEAs,. 'I'ER.R.AMAR is compl.-Jy familiar with the project IIld 1I1e reporting
requirements for tho COUNTY ;.1l1.d ~
.)
.(
WDUAS, the value of the remainder of the contract is S22,OOO.OO~ wbich is under the
amo1iDt wbieh accordiDa to COUNTY purdlasing policy ~uld require CODIpC'titive
biddina; and :
WHEREAS, COUNlY beliews that it is in the best int8reIt of the public that
TERllAMAIl CODtinue .,.,rkiGg at the Medical Examin.' s Building aod for
1'ElUlAMAR to ICOept 1I1e I'dSpODSibilities ofB.A T. under the eontract, it is
NOW THEREFORE in considoJatiOD for the mutual apeemenm and covenants bctwaa
1hc partics, COUNTY, B.A T. and TERllAMAIl hereby agree as follows:
1. B.AT, hereby earees io the _pDICIlt of its November 19, 2008 eomraet
wi1h COUNTY in its entirety to 'I'BRRAMAll along with all paymeIlts for
2010 md sub&equmtyelrS 10 tho end of1he c:ou1rad.
Page 1 of3
f-IAC:it:. ~~/~4
05/04/2010 11:08 3054538797
PROJECT MGMNT MENGCC
2. B.A T. acknowledges 8Ild agrees that it has been oompeo.sated in full for all
work done by it to date of this ~ and does hereby releases COUNIY
of my and all responsibility for further compeotation under the contract.
3. B.A T agrees that by executing this .sigmnent it hereby assigns all of
B.A T. 's righ~ title aod interest in die original agreement dated November
19, 200810 TER:RAMAIl
4. In consideration for such assignment, TERRAMAR agrees to be bmmd by all
1he terms and conditions of 1110 ori.gjnal agr~ which is attached hereto as
"Composite Exhibit A 9~
S. TBRllAMAR. agrees to pnMde as ..Composite Exhibit B". to lhis agreement
copies of all d0cume01S required by the COUNIY under the oriainal
agreement, including but not limited to verification of insu.rao.c;e.
REMAINDER OF THIS PAGE LEFT INTBNTIONAIL Y BLANK
SIGNA~PAGE ONLY TO FOLLOW
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05/04/2010 11:08
3054538797
PROJECT ~T MENGCC
PAGE 04/04
IN WlTNBSS WHBR.BOF COUNTY, B~A T. aDd TBRRAMAIl hereto haw executed
this Consent to Assipmn of Contract ad A<<qttaDQe of the Contract wi1b Monroe
Comty on the day and did_ first written above in four (4) counteIpatts, each of which
..~~~ut proof or accouotiDg for 1he other co1llltelpW, be deemed III ori_
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STATE OF FLORIDA
COUNTY OF MONROE
Swpm to (ot~ _~bod WoIe _ flU ~ day of O'\~ . 20~ by
fh\ \\',p _ q~':.'~ .000bel.JtofB.A.T.~_..wboisperllO!dy
kDowDtO_or~" . ide.Idificetion f-<r,D~. ,_
'#Ji.~' ASHLEY A ROBINSON
~*: 6/~ MY COMMISSION # 0085248
~~'oir""~' EXPIRES October 21 2011
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Bon of CoImty Commissionen
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~: May 19, 2010
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STATE OF FLORIDA
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SSISTANT COUf\~r'( ATT();.', .:::"{
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NON-COLLUSION AFFIDAVIT
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of perjury, depose and say that;
1.) I am r -erntfll?l/,.c- J;jr/. S'/L S If, the bidder making the Proposal for the
project described as follows: ..
, of the city of _
according to law on my oath, and under penalty
2.) the prices in this bid have been arrived at independently without 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
any competitor;
3.) unless otherwise required 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 will 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.)
the statements 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 project. /1ff V--
(Signature of Bidder)
S/t//~
'DAtE
=f2o~I()A
COUNTY OF -W O~J~ nL
STATE OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
fh j) ~J ~ who, after first being sworn by me,
(name of individual signing)
affiX~/her signature in the space provided above on this ~ '11- day of ~
20
My Commission Expires:
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY" FLORIDA
ETHICS CLAUSE
r4"'"~,9f p,/. ~cI /~> A"~ warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
Date:
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STATE OF
FJ-o (<.l oA-
f"1 O(\J Q 0 f-
COUNTY OF
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
rph/ )
(iMp t-
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this
t~ dayof
My commission expires:
, 20 /0 .
,
OMB - MCP FORM #4
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
/.I!!('"'/,//f/l'?//Jrz, F~4/jr ",,/1~h91 k/v.l~.s ~ ,/"IL-
(Name of Business) /
1. Publish a statement notifying employees 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 employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining
a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and
the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under 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 employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose 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-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
f/Jv
Bidder's Signature
~/~/20IO
Date I' I
OMB - MCP#5