Agenda 09/25/2012 Item #16E3 9/25/2012 Item 16.E.3.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the Assumption
Agreement from Road Safe Traffic Systems, Inc. to McShea Contracting, LLC as it relates
to Contract#10-5410 "Roadway Paint, Thermoplastic Markings and Raised Markers".
OBJECTIVE: To assign contract 10-5410 from the original party, Road Safe Traffic Systems,
Inc. to McShea Contracting, LLC.
CONSIDERATIONS: The contract #10-5410 "Roadway Paint, Thermoplastic Markings and
Raised Markers"between Collier County Board of County Commissioners ("County") and Road
Safe Traffic Systems, Inc. dated May 25, 2010 was awarded by the Board on May 25, 2010
Agenda Item 16.B.6. Multiple County departments utilize the services provided under this
contract.
County staff was notified by RoadSafe Traffic Systems that their firm was ceasing work in South
Florida. The County intends to put out a new Invitation to Bid, however, it is estimated that it
will take approximately five months before a new contract can be fully executed. In the interim.
the work contemplated by contract #10-5410 still needs to be performed on an ongoing basis.
Following a diligent search by County staff, McShea Contracting is the only qualified vendor
who has expressed interest in assuming the work under contract #10-5410. McShea was also
the third lowest bidder on the original bid.
The Purchasing. Depaituient in consultation with the County Attorney recommends approval of
the assumption and requests the chairperson to sign contract #10-5410 by the firm McShea
Contracting, LLC.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The Assumption Agreement was drafted by the County
Attorney, is legally sufficient, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Collier County Board of County Commissioners approves
and authorizes the Chairman to sign the Assumption Agreement from Road Safe Traffic
Systems, Inc. to McShea Contracting for 10-5410 "Roadway Paint, Thermoplastic Markings and
Raised Markers.
PREPARED BY: Brenda Brilhart, Procurement Strategist, Purchasing Depai tauent
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9/25/2012 Item 16.E.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.3.
Item Summary: Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from Road Safe Traffic Systems, Inc. to McShea Contracting, LLC as it
relates to Contract#10-5410 "Roadway Paint,Thermoplastic Markings and Raised Markers".
Meeting Date: 9/25/2012
Prepared By
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing&General Services
9/7/2012 9:04:30 AM
Submitted by
Title: Purchasing Agent,Purchasing&General Services
Name: BrilhartBrenda
9/7/2012 9:04:32 AM
Approved By
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing&General Services
Date: 9/7/2012 11:56:37 AM
Name:pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 9/7/2012 2:33:16 PM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 9/7/2012 2:39:44 PM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing& Gene
Date: 9/10/2012 12:47:09 PM
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9/25/2012 Item 16.E.3.
Name: GossardTravis
Title: Superintedent-Roads&Bridges,Transportation Eng
Date: 9/11/2012 2:21:09 PM
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing&General Services
Date: 9/13/2012 5:16:58 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 9/14/2012 2:58:52 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 9/14/2012 3:23:41 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/17/2012 8:59:15 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/17/2012 9:17:36 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/17/2012 9:36:35 AM
Name: OchsLeo
Title: County Manager
Date: 9/17/2012 3:00:15 PM
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9/25/2012 Item 16.E.3.
ASSUMPTION AGREEMENT
This ASSUMPTION AGREEMENT is made and entered into as of September 11, 2012,
by and between McShea Contracting, LLC ("McShea") and Collier County, a political
subdivision of the State of Florida ("Collier County").
WHEREAS, on May 25, 2010, the Collier County Board of County Commissioners
awarded a Purchase Order for roadway paint, thermoplastic markings, raised markers, and
related service materials and equipment in accordance with the terms and conditions of Invitation
to Bid #10-5410, to Road Safe Traffic Systems, Inc., a copy of which is attached hereto as
Exhibit A, and hereinafter referred to as "ITB #10-5410;" and
WHEREAS, Road Safe Traffic Systems, Inc., has informed Collier County that it is
relocating out of the State of Florida and will no longer perform the contemplated work; and
WHEREAS, in light of this notice, the County intends to put out a new Invitation to Bid,
however, it is estimated that it will take approximately five months before a new bid can be
awarded; and
WHEREAS, in the interim, the work contemplated by Bid #10-5410 still needs to be
performed on an ongoing basis; and
WHEREAS, following a diligent search by county staff, McShea is the only qualified
vendor who has expressed interest in assuming ITB #10-5410; and
WHEREAS, the parties wish to formalize McShea's assumption of rights and obligations
under ITB #10-5410 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. McShea accepts and assumes all rights, duties, benefits, and obligations of the
Vendor under ITB #10-5410, including all existing and future obligations to pay and perform
under ITB #10-5410. In light of the County's intent to rebid this work, either party shall have
the right to terminate on 30 days written notice to the other party.
2. McShea will promptly deliver to Collier County evidence of insurance consistent
with Attachment 3 of ITB #10-5410.
3. Except as expressly stated, no further supplements to, or modifications of ITB
#10-5410 are contemplated by the parties.
4. Notice required under ITB #10-5410 to be sent to Vendor shall be directed to:
VENDOR:
McShea Contracting, LLC
508 Owen Avenue North
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9/25/2012 Item 16.E.3.
-Lehigh Acres,Florida 33971
Attention: Daniel McWilliams
5. Collier County hereby consents to McShea's assumption of ITB #10-5410. No
waivers of performance or extensions of time to perform are granted or authorized. Collier
County will treat McShea as the Vendor for all purposes under ITB #10-5410.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
COLLIER COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk FRED W. COYLE, CHAIRMAN
MCSHEA CONTRACTING, LLC:
By: Attest:
Corporate Secretary
Print Name
Date: Date:
Approved as to form
and legal sufficiency:
By:
Jeffrey A. Klatzkow
County Attorney
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