Agenda 04/13/2010 Item #16E 7
Agenda Item No. 16E7
April 13, 2010
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the Assumption
Agreement from Vanus Engineering Evolution, Inc., to Gannett Fleming, Inc., for
Traffic Engineering Consultant Services, Consultant Services for Collier County
Signal Retiming Project, and County Wide Engineering Services.
OBJECTIVE: To complete the assignment of the agreement from the original party, Vanus
Engineering Evolution, Inc. ("VANUS"), to Gannett Fleming, Inc. ("Gannett Fleming").
CONSIDERATIONS: The original contracts are, #06-3980 "Annual Contract for Traffic
Engineering Consultant Services" dated July 25, 2006, Agenda Item 16.B.19; #09-5229
"Consultant Services for Collier County Signal Retiming Project" dated September 29, 2009,
Agenda Item 16,B.4; and 09-5262 "County Wide Engineering Services", was dated March 9,
2010, and approved by the BCC as Agenda Item 10.C. The Contract was by and between
Collier County and VANUS. Various departments utilize the services provided under these
contracts.
Subsequently, Gannett Fleming purchased the assets of VANUS on March 1, 2010, County
staff was notified on March 1, 2010, of the asset purchase. Following the Procurement
Administration Procedures, staff has acquired the necessary documents from Gannett Fleming
which have been reviewed and approved by the County Attorney's staff. The Purchasing
Department is recommending approval of the assumption of this Contract by the new firm
Gannett Fleming.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This agreement has been reviewed by the County Attorney and
is legally sufficient for Board action. -JAK
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign the Assumption Agreement VANUS to Gannett Fleming, Inc., for Traffic
Engineering Consultant Services, Consultant Services for Collier County Signal Retiming
Project, and County Wide Engineering Services.
PREPARED BY: Diana De Leon, Contracts Technician, Purchasing Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16E7
April 13, 2010
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E7
Recommendation to approve and authorize the Chairman to sign the Assumption Agreement
from Vanus Engineering Evolution, Inc., to Gannett Fleming, Inc., for Traffic Engineering
Consultant Services, Consultant Services for Collier County Signai Retiming Project, and
County Wde Engineering Services.
4/13/20109:00:00 AM
Date
Prepared By
Diana DeLeon
Administrative Services
Division
Contracts Technician
Purchasing & General Services
3/261201012:48:16 PM
Date
Approved By
Steve Carnell
Administrative Services
Division
Director ~ Purchasing/General Services
Purchasing & General Services
3/26/20104:08 PM
Len Golden Price
Date
Approved By
Administrative Services
Division
Administrator ~ Administrative Services
Administrative Services Division
41212010 2:42 PM
Date
Approved By
Therese Stanley
Office of Management &
Budget
Manager ~ Operations Support M Trans
Office of Management & Budget
4/5/2010 1 :55 PM
Leo E. Ochs, Jr.
Date
Approved By
County Managers Office
County Manager
County Managers Office
4161201010:23 AM
Agenda Item No. 16E7
April 13, 2010
Page 3 of 4
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of ,2010, by
and between Gannett Fleming, Inc. ("Gannett Fleming"), and Collier County, a political
subdivision of the State of Florida ("County").
WHEREAS, on July 25, 2006, the Collier County Board of County Commissioners
entered into Contract 06-3980 "Annual Contract for Traffic Engineering Consultant Services"
with Vanus Engineering Evolution, Inc. ("Vanus") (attached hereto as Exhibit A); and
WHEREAS, on September 29, 2009, the County entered into Contract 09-5229
"Consultant Services for Collier County Signal Retiming Project" with Vanus (attached hereto as
Exhibit B); and
WHEREAS, on March 9, 2010, the County entered into Contract 09-5262 "County Wide
Engineering 'Services - Civil-Transportation Planning (CI- TRPL) and Civil-Transportation
Traffic (CI-Traf)" with Vanus (attached hereto as Exhibit C); and
WHEREAS, Gannett Fleming hereby represents to Collier County that by virtue of an
asset purchase agreement, Gannett Fleming is the successor in interest to Vanus in relation to
these three Agreements; and
WHEREAS, the parties wish to formalize Gannett Fleming's assumption of rights and
obligations under these three Agreements, effective as of the date first above written.
NOW THEREFORE, in consideration of the mutual promises in this Asswnption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
I, Gannett Fleming accepts and assumes all rights, duties, benefits, and obligations
of the Consultant under the attached Agreements, including all existing and future obligations to
pay and perform under these Agreements.
2. Gannett Fleming will promptly deliver to County evidence of insurance consistent
with these Agreements.
3, Except as expressly stated, no further supplements to, or modifications of, these
Agreements are contemplated by the parties.
4. Notice required under these Agreements to be sent to Consultant shall be directed
to:
CONSULTANT:
Gannett Fleming, Inc.
P.O. Box 67100
Harrisburg, PA 17106
Attention: Robert M. Scaer, President
Agenda Item No. 16E7
April 13, 2010
Page 4 of 4
5. The County hereby consents to Gannett Fleming assumption of the Agreements.
No waivers of performance or extensions of time to perform are granted or authorized. The
County will treat Gannett Fleming as the Consultant for all purposes under the Agreements.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
FOR COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
FOR GANNETT FLEMING, INC.:
By:
Jay H.L. Calhoun, P.E.
Attest:
Corporate Secretary
Date:
Date:
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