Agenda 09/10/2013 Item #16E14 9/10/2013 16.E.14.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the Assumption Agreement
from C.W. Roberts Contracting, Inc., to Ajax Paving Industries of Florida, LLC for Asphalt,
Milling & Related Items services and a construction contract for Naples Manor Sidewalk
Improvements (Phase II).
OBJECTIVE: To substitute Ajax Paving Industries of Florida, LLC ("Ajax"), as successor in
interest to C.W. Roberts Contracting, Inc. ("Contractor"), as one of two contractors to provide
complete asphalt, milling and related services and as General Contractor for the second phase of the
Naples Manor sidewalk improvements project.
CONSIDERATIONS: On April 13, 2010 (Agenda Item 16.B.11), the Board awarded ITB and
Contract #09-5328 Asphalt, Milling & Related Items to two contractors, including C.W. Roberts
Contracting, Inc., as secondary vendor, on an as-needed basis; and on May 28, 2013 (Agenda Item
16.A.1), the Board awarded ITB Contract #13-6077 Naples Manor Sidewalk Improvements (Phase
II) to C.W. Roberts Contracting, Inc.
On July 29, 2013, staff was notified that Ajax had purchased the assets of the Contractor with an
effective date of August 5, 2013. Ajax would like to assume the rights and obligations of the
Contractor under ITBs' and Contracts 09-5328 and 13-6077.
Due to the volume of the documents, that contracts are not attached to this item but are available
upon request in the Purchasing Department.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney has reviewed the proposed Assumption
Agreement and approved it as to form and legality,requiring majority support for approval. -JAK
RECOMMENDATION: That the Board approves and authorizes the Chairwoman to sign the
Assumption Agreement from C.W. Roberts Contracting, Inc. to Ajax Paving Industries of Florida,
LLC for Asphalt, Milling and Related services and for Naples Manor Sidewalk Improvements
(Phase II).
PREPARED BY: Diana DeLeon, CPPB, Contracts Technician, Purchasing Department
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9/10/2013 16.E.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.14.
Item Summary: Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from C.W. Roberts Contracting, Inc., to Ajax Paving Industries of
Florida, LLC for Asphalt, Milling & Related Items services and a construction contract for Naples
Manor Sidewalk Improvements (Phase II).
Meeting Date: 9/10/2013
Prepared By
Name: DeLeonDiana
Title: Contracts Technician,Purchasing
8/20/2013 2:46:40 PM
Submitted by •
Title: Contracts Technician,Purchasing
Name: DeLeonDiana
8/20/2013 2:46:42 PM
Approved By
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing&General Services
Date: 8/21/2013 9:27:19 AM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 8/21/2013 11:14:18 AM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 8/21/2013 6:53:05 PM
Name: pochopinpat
Title:Administrative Assistant,Facilities Management
Date: 8/22/2013 11:07:19 AM
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9/10/2013 16.E.14.
Name: BrilhartBrenda
Title:Purchasing Agent,Purchasing&General Services
Date: 8/22/2013 3:25:01 PM
Name: PriceLen
Title:Administrator, Administrative Services
Date: 8/23/2013 5:28:16 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/26/2013 9:15:37 AM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior,Office of Manag
Date: 8/26/2013 10:50:47 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 8/27/2013 10:42:27 AM
Amok
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9/10/2013 16.E.14.
ASSUMPTION AGREEMENT
This ASSUMPTION AGREEMENT is made and entered into as of
2013, by and between Ajax Paving Industries of Florida, LLC ("Ajax")
and Collier County Board of County Commissioners, a political subdivision of the State of
Florida("Collier County").
WHEREAS, on April 13, 2010, Collier County awarded and entered into Contract#09-
5328 "Asphalt, Milling & Related Items" with C.W. Roberts Contracting, Inc. ("Contractor") a
copy of which is attached as Exhibit A, together with all renewals thereto, and hereinafter
referred to as the"Contract#09-5328;"and
WHEREAS, on May 28, 2013, Collier County awarded and entered into Contract#13-
6077"Naples Manor Sidewalk Improvements(Phase II)"with the Contractor;a copy of which is
attached hereto as Exhibit B, and hereinafter referred to as the"Contract#13-6077;"and
WHEREAS, Contractor has informed Collier County that by virtue of an asset purchase
agreement, Ajax is the successor in interest to the Contractor in relation to Contract#09-5328
and Contract#13-6077;and
WHEREAS, the parties wish to formalize Ajax's assumption of rights and obligations
under Contract#09-5328 and Contract#13-6077,effective as of the date first above written
NOW THEREFORE, in consideration of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration,the receipt and sufficiency of which
are acknowledged by the parties,it is agreed as follows:
1. Ajax accepts and assumes all rights, duties, benefits, and obligations of the
Contractor under Contract#09-5328 and Contract #13-6077, including all existing and future
obligations to pay and perform under these Contracts.
2. Ajax will promptly deliver to Collier County evidence of insurance, and payment
and performance bonds consistent with each Contract.
3. Except as expressly stated, no further supplements to, or modifications of
Contract#09-5328 and Contract#13-6077 are contemplated by the parties.
4. Notice required under the Contracts to be sent to Ajax shall be directed to:
CONTRACTOR:
Ajax Paving Industries of Florida,LLC
510 Gene Green Road
Nokomis,FL 34275
Phone: 941-486-3600;Fax: 941-486-3500
Attention:Michael A.Horan,P.E.
5. Collier County hereby consents to Ajax's assumption of Contract#09-5328 and
Contract#13-6077. No waivers of performance or extensions of time to perform are granted or
1
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9/10/2013 16.E.14.
authorized. Collier County will treat Ajax as the Contractor for all purposes under these
Contracts.
IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
FOR COLLIER COUNTY:
AIIEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk GEORGIA A.HILLER.,ESQ.
CHAIRWOMAN
FOR AJAX PAVING INDUSTRIES OF FLORIDA,LLC
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Approv d : 1 form and legality:
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• 9/10/2013 16.E.14.
Agenda Item No. 16B11
April 13,2010
Page 1 of 9
EXECUTIVE SUMMARY
Recommending award of a contract for ITB 09-5328, "Asphalt, Milling & Related Items"
to Better Roads,Inc. and C.W. Roberts contracting,Inc. (d/b/a Cougar Contracting) in the
estimated annual amount of$1,500,000.
OBJECTIVE: To contract with multiple firms in order to provide asphalt and milling
maintenance and repair services for all County Departments to use as needed.
CONSIDERATIONS: Notices of the solicitation were sent to 381 firms. A total of 50
companies requested bid packages, and six firms submitted bids by the deadline of January 12,
2010. One bidder was deemed non-qualified, APAC Southeast, Inc. APAC is currently
involved in litigation against the County. After being sued by one of its subcontractors
(Armadillo Underground) on the Vanderbilt Beach Road Widening Project, APAC filed a third
party claim against the County. The Board has the authority to reject any and all bids. See
Collier County Purchasing Policy § VI. F. Previously the County Attorney's Office has opined
that ongoing litigation against the County has historically been a negative factor in the
selection/recommendation process. It is the recommendation of staff and the County Attorney's
Office,that this company not be considered for award at this time.
After staff review, Better Roads was selected as the Primary vendor and C.W. Roberts as the
Secondary. If the Primary is not available to perform the work requested, the Secondary vendor
will be utilized.
FISCAL IMPACT: Funds for these services shall come from each individual using
department's budgets as projects are identified.
GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth
Management Plan, it is consistent with the goals of the County to streamline and expedite the
procurement of services.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action—SRT.
RECOMMENDATION: That the Board of County Commissioners award ITB 09-5328
"Asphalt,Milling &Related Items"to Better Roads and C.W. Roberts, and that the Chairperson
be authorized to sign the standard County Attorney approved agreements on behalf of the Board.
Prepared by: Alexander Blanco,Road Maintenance Department
Attachment: Bid Tabulation
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;JILLSILU I,5 -10.H. 1.
EXECUTIVE SUMMARY
Recommendation to award a construction contract in the amount of$877,157.05,which includes an
allowance of $100,000, to C.W. Roberts Contracting, Inc., for ITB #13-6077, "Naples Manor
Sidewalk Improvements(Phase II)",for construction of sidewalk improvements(Project#69081).
OBJECTIVE: To provide sidewalk improvements in Naples Manor on the south side of Broward Street,
the north side of Carolina Avenue,the south side of Fleming Street, the south side of Gilchrist Street and
the north side of Trammel Street.
CONSIDERATION: On March 11, 2013, the Purchasing Department sent 1,890 notices to vendors for
Bid #13-6077 for the construction of sidewalks in Naples Manor. This project includes five-foot wide
concrete sidewalks together with driveway reconstruction. The driveway reconstruction is necessary
throughout the project in order to provide a sidewalk that will meet the Americans with Disabilities Act
(ADA)requirements.
On April 12, 2013, five bids were received and opened. Staff reviewed the unit pricing on the bid tab,
and C.W. Roberts Contracting, inc., was the lowest, qualified and responsive bidder. The bid total was
$877,157.05. The bid results are as follow:
Contractor Bid
1 C.W. Roberts Contractine, Inc. $877,1 57.05
Owen-Ames-Kimball Company $897,720.16
3 D.N. Higgins, Inc. $936,871.80
4 Quality Entegrises, inc. $944,943.95
5 Bateman Contracting, Inc. $979,999.09
The Design Engineer's opinion of probable cost for the project was $959,327.99. The bid of C.W.
Roberts Contracting, Inc. is 9% under the Engineers estimate. All of the bids and Engineer's estimate for
the Naples Manor Sidewalk Improvements(Phase U) include the $100,000.00 funding for allowances.
FISCAL IMPACT: Funds in the amount of$877,157.05 are available in the Transportation Supported
Gas Tax Fund 313, Project 69081. The estimated useful life of sidewalks is 30 years with minimal to no
repair cost during that duration of time.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of
the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is approved as to form and legality,and requires majority vote for approval. -SRI.
RECOMMENDATION: That the Board award Bid 413-6077, "Naples iManor Sidewalk Improvements
(Phase II)", to C.W. Roberts Contracting, Inc., in the amount of $877,157.05 and authorize the
Chairwoman to sign the attached contract after final review by the County Attorney's Office.
Prepared by: Daniel G. Hall,P.E., Senior Project Manager,Transportation Engineering
Attachment: I) Final Bid Tabulation #13-6077; 2) Bid Tabulation with analysis; 3) Bid Analysis; 4)
Proposed Contract 5) Location Map
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