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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 Packet Page -2790- • 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 Packet Page-2791- 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 Packet Page-2792- 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 1 Packet Page-2793- 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 2 Packet Page -2794-