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Agenda 03/12/2024 Item #16E 2 (Agreement #18-7433-LA - Professional Services Library - Landscape Architecture Category)03/12/2024 EXECUTIVE SUMMARY Recommendation to approve an Assumption Agreement assigning all rights, duties, benefits, and obligations to RVi Planning + Landscape Architecture, Inc., concerning Agreement No. 18-7432-LA, “Professional Services Library - Landscape Architecture Category.” OBJECTIVE: To assign all rights, duties, benefits, and obligations concerning Agreement No. 18-7432-LA, “Professional Services Library - Landscape Architecture Category,” to RVi Planning + Landscape Architecture, Inc. CONSIDERATIONS: On May 26, 2020 (Agenda Item No. 16.E.2), the County awarded Agreement No. 18- 7432-LA, “Professional Services Library - Landscape Architecture Category” (the “Agreement”), to Waldrop Engineering, P.A. On or about September 2, 2021, Atwell, LLC, acquired Waldrop Engineering, LLC, f/k/a Waldrop Engineering, P.A. As part of the acquisition, Atwell acquired RVi Planning + Landscape Architecture, Inc. (“RVi”), which is a wholly owned subsidiary of Atwell, as attested by its General Counsel on Exhibit "B" to the attached Assumption Agreement. Accordingly, RVi wishes to formally assume all responsibilities, obligations, and duties under the Agreement. RVi, a Texas Foreign Profit Corporation, is registered to transact business in Florida and represents and wa rrants that it is now the successor in interest to the above Agreement entered into with the County. Staff obtained documentation of the acquisition, along with other necessary business documents from RVi, which have been reviewed and accepted by the County Attorney’s Office. Staff recommends approval of the attached Assumption Agreement assigning all rights, duties, benefits, and obligations under the Agreement, including any amendments thereto, to RVi. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve an Assumption Agreement assigning all rights, duties, benefits, and obligations to RVi Planning + Landscape Architecture, Inc., concerning Agreement No. 18-7432-LA, and authorize the Chairman to sign the attached Assumption Agreement. Prepared by: Sandra Srnka, Director, Procurement Services Division ATTACHMENT(S) 1. 18-7432-LA Assumption_Vendor signed_RVI Planning (PDF) 2. 18-7432-LA Assumption_COI_RVi Planning (PDF) 16.E.2 Packet Pg. 1087 03/12/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.2 Doc ID: 28180 Item Summary: Recommendation to approve an Assumption Agreement assigning all rights, duties, benefits, and obligations to RVi Planning + Landscape Architecture, Inc., concerning Agreement No. 18-7432-LA, “Professional Services Library - Landscape Architecture Category.” Meeting Date: 03/12/2024 Prepared by: Title: – Procurement Services Name: Priscilla Doria 02/28/2024 9:28 AM Submitted by: Title: Manager - Procurement – Procurement Services Name: Sandra Srnka 02/28/2024 9:28 AM Approved By: Review: Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 02/29/2024 9:03 AM Procurement Services Sandra Srnka Director Review Completed 02/29/2024 1:18 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/01/2024 3:55 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/01/2024 3:57 PM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Review Completed 03/01/2024 5:02 PM Corporate Business Operations Kenneth Kovensky Corporate Business Operations Review Completed 03/02/2024 8:22 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/04/2024 1:15 PM Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 03/05/2024 12:37 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/06/2024 10:15 AM Board of County Commissioners Geoffrey Willig Meeting Pending 03/12/2024 9:00 AM 16.E.2 Packet Pg. 1088 16.E.2.aPacket Pg. 1089Attachment: 18-7432-LA Assumption_Vendor signed_RVI Planning (28180 : Assumption Agreement to Agreement #18-7432-LA) 16.E.2.aPacket Pg. 1090Attachment: 18-7432-LA Assumption_Vendor signed_RVI Planning (28180 : Assumption Agreement to Agreement #18-7432-LA) 16.E.2.aPacket Pg. 1091Attachment: 18-7432-LA Assumption_Vendor signed_RVI Planning (28180 : Assumption Agreement to Agreement #18-7432-LA) 16.E.2.aPacket Pg. 1092Attachment: 18-7432-LA Assumption_Vendor signed_RVI Planning (28180 : Assumption Agreement to Agreement #18-7432-LA) 16.E.2.aPacket Pg. 1093Attachment: 18-7432-LA Assumption_Vendor 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16.E.2.aPacket Pg. 1129Attachment: 18-7432-LA Assumption_Vendor signed_RVI Planning (28180 : Assumption Agreement to Agreement #18-7432-LA) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 2/27/2024 IMA,Inc.-Wichita Division PO Box 2992 Wichita KS 67201 Chelsea Lampe 316-266-6366 Chelsea.Lampe@imacorp.com Old Republic Insurance Company 24147 ATWELLC-02 The Continental Insurance Company 35289RViPlanning+Landscape Architecture 28100 Bonita Grande Dr,Ste 305 Bonita Springs,FL 34135 Underwriters at Lloyd's,London 15642 488045548 A X 2,000,000 X 500,000 X Contractual 10,000 X XCU 2,000,000 4,000,000 X X Y MWZY31246024 3/1/2024 3/1/2025 4,000,000 Proj/Loc Aggregate 5,000,000 A 2,000,000 X X X Y MWTB31245924 3/1/2024 3/1/2025 B X X 10,000,00060115369323/1/2024 3/1/2025 10,000,000 X 0 A X N MWC31246124 3/1/2024 3/1/2025 1,000,000 1,000,000 1,000,000 C Professional/Pollution Liability LDUSA2405179 3/1/2024 3/1/2025 See Below -General Liability Policy does not contain an exclusion for residential construction,condominiums,multi-family or multi-unit dwellings,coverage is subject to the terms and conditions of the policy. -General Liability policy contains CG 2417 10 01 Contractual Liability -Railroads endorsement and the Automobile Liability contains CA 2070 10 13 Coverage for Certain Operations in Connection with Railroads endorsement. . -Professional and Pollution Liability:$2,000,000 Per Claim;$2,000,000 Aggregate;$35,000 Per Claim Retention. Professional and Pollution Liability Carrier Syndicates: Convex Insurance UK -25%Quota Share $500,000 See Attached... Collier County Board Of County Commissioners 3925 Tamiami Trail E Naples FL 34112 16.E.2.b Packet Pg. 1130 Attachment: 18-7432-LA Assumption_COI_RVi Planning (28180 : Assumption Agreement to Agreement #18-7432-LA) ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: ATWELLC-02 1 1 IMA,Inc.-Wichita Division RVi Planning +Landscape Architecture 28100 Bonita Grande Dr,Ste 305 Bonita Springs,FL 34135 25 CERTIFICATE OF LIABILITY INSURANCE Hamilton (Lloyds)-20%Quota Share $400,000 Allianz -20%Quota Share $400,000 Markel (Lloyds)-15%Quota Share $300,000 HDI (Lloyds)-20%Quota Share $400,000 . Re:For any and all work performed on behalf of Collier County. Collier County Board Of County Commissioners OR Board of County Commissioners in Collier County OR Collier County Government OR Collier County are included as Primary Non-Contributory Additional Insured on the General Liability and Automobile Liability Policies,if required by written contract or agreement, subject to the policy terms and conditions. 16.E.2.b Packet Pg. 1131 Attachment: 18-7432-LA Assumption_COI_RVi Planning (28180 : Assumption Agreement to Agreement #18-7432-LA)