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Agenda 01/14/2025 Item #16E 1 (Assumption Agreement to Bowman Gulf Coast LLC d/b/a Robau to Agreement #18-7432-CE)
1/14/2025 Item # 16.E.1 ID# 2024-2358 Executive Summary Recommendation to approve and authorize the Chairman to sign an Assumption Agreement assigning all rights, duties, benefits, and obligations to Bowman Gulf Coast LLC d/b/a Robau, a Bowman Company, concerning Agreement #18- 7432-CE, “Professional Services Library Civil Engineering Category”. OBJECTIVE: To assign all rights, duties, benefits and obligations concerning Agreement No. 18-7432-CE to Bowman Gulf Coast LLC d/b/a Robau, a Bowman Company. CONSIDERATIONS: On February 25, 2020, Agenda Item No. 16.E.7, the Board awarded Agreement No. 18-7432- CE, “Professional Services Library Civil Engineering Category” to Robau and Associates, LLC for civil engineering services (the “Agreement”). Effective September 12, 2024, Robau and Associates, LLC merged with Bowman Gulf Coast, LLC. Bowman Gulf Coast, LLC is registered to transact business in Florida and represents and warrants that it is now the successor in interest to the above Agreement entered into with the County. Staff obtained documentation of the merger, along with other necessary business documents from Bowman Gulf Coast LLC, which have been reviewed and accepted by the County Attorney’s Office. Staff is recommending approval of the attached Assumption Agreement with the surviving entity, “Bowman Gulf Coast LLC d/b/a Robau, a Bowman Company,” assigning all rights, duties, benefits, and obligations under the Agreement, including any amendments thereto. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. - CJS RECOMMENDATIONS: To approve an Assumption Agreement assigning all rights, duties, benefits, and obligations to Bowman Gulf Coast LLC d/b/a Robau, a Bowman Company under Agreement #18-7432-CE, “Professional Services Library Civil Engineering Category” and authorize the Chairman to sign the attached Agreement. PREPARED BY: Sandra Srnka, Procurement Services Division Director ATTACHMENTS: 1. 18-7432-CE Assumption _Insurance_Bowman Gulf 2. 18-7432-CE Assumption SP_Bowman Gulf Page 4849 of 6405 10/28/2024 Klein Agency, LLC P.O. Box 219 Timonium MD 21094 Certificate Team (410) 832-7600 (410) 832-1849 certs@kleinagencyllc.com Bowman Gulf Coast, LLC dba Robau a Bowman Company Bowman Consulting Group Ltd. 12355 Sunrise Valley Drive, Suite 520 Reston VA 20191 Charter Oak Fire Insurance Co 25615 Travelers Indemnity Co. of Am 25666 Travelers Property Casualty Co. of America 25674 Berkshire Hathaway Specialty Insurance 22276 Beazley Insurance Company 37540 24-25 Robau Online A Y Y 630-6J047645-COF-24 08/31/2024 08/31/2025 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 B Y Y 810-8T020319-24-43 08/31/2024 08/31/2025 1,000,000 C Y Y CUP-6J395074-24-43-G 08/31/2024 08/31/2025 25,000,000 25,000,000 C N Y UB-6J317115-24-43-G 08/31/2024 08/31/2025 1,000,000 1,000,000 1,000,000 D/E Primary Professional & Pollution Liab / Excess Professional & Pollution Liab 47EPP33066602/V3349C240301 08/31/2024 08/31/2025 Each Claim/Aggregate $5M/$5M Excess Each Claim/Aggr.$5M/$5M Contract # 18-7432-CE - Professional Services Liabrary Civil Engineering Category. Endorsements CGD604, CGD414, CGD379, CAF129, CAT474 and WC000313 are attached. If required by an insured written contract, executed prior to any loss, Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government are an Additional Insured on a primary and non-contributory basis under the General and Auto Liability Policies. If required by an insured written contract, executed prior to any loss, Waiver of Subrogation is provided for General, Auto, and Workers Compensation Policies. Umbrella Policy follows form over General, Auto, and Employer's Liability Policies. 30 day notice of cancellation, 10 day for non payment. Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples FL 34112 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 Page 4850 of 6405 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED – AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II – WHO IS AN (a)The Additional Insured – Owners, Les- INSURED:sees or Contractors – Scheduled Person or Organization endorsement CG 20 10Any person or organization that:07 04 or CG 20 10 04 13, the Additionala.You agree in a written contract or agreement to Insured – Owners, Lessees or Contrac-include as an additional insured on this Coverage tors – Completed Operations endorse-Part; and ment CG 20 37 07 04 or CG 20 37 04 13, b.Has not been added as an additional insured for or both of such endorsements with either the same project by attachment of an endorse-of those edition dates; orment under this Coverage Part which includes (b)Either or both of the following: the Addi-such person or organization in the endorsement's tional Insured – Owners, Lessees or Con-schedule;tractors – Scheduled Person Or Organi-is an insured, but:zation endorsement CG 20 10, or the Ad- ditional Insured – Owners, Lessees ora.Only with respect to liability for "bodily injury" or Contractors – Completed Operations en-"property damage" that occurs, or for "personal dorsement CG 20 37, without an editioninjury" caused by an offense that is committed, date of such endorsement specified;subsequent to the signing of that contract or agreement and while that part of the contract or the person or organization is an additional in-agreement is in effect; and sured only if the injury or damage is caused, in whole or in part, by acts or omissions ofb.Only as described in Paragraph (1),(2)or (3)be- you or your subcontractor in the performancelow, whichever applies: of "your work" to which the written contract or(1)If the written contract or agreement specifical-agreement applies; orly requires you to provide additional insured (3)If neither Paragraph (1)nor (2)above applies:coverage to that person or organization by the use of:(a)The person or organization is an addi- tional insured only if, and to the extent(a)The Additional Insured – Owners, Les- that, the injury or damage is caused bysees or Contractors – (Form B) endorse- acts or omissions of you or your subcon-ment CG 20 10 11 85; or tractor in the performance of "your work"(b)Either or both of the following: the Addi-to which the written contract or agree-tional Insured – Owners, Lessees or Con-ment applies; andtractors – Scheduled Person Or Organi- (b)Such person or organization does notzation endorsement CG 20 10 10 01, or qualify as an additional insured with re-the Additional Insured – Owners, Lessees spect to the independent acts or omis-or Contractors – Completed Operations sions of such person or organization.endorsement CG 20 37 10 01; The insurance provided to such additional insured isthe person or organization is an additional in- subject to the following provisions:sured only if the injury or damage arises out of "your work" to which the written contract or a.If the Limits of Insurance of this Coverage Partagreement applies;shown in the Declarations exceed the minimum (2)If the written contract or agreement specifical-limits required by the written contract or agree- ly requires you to provide additional insured ment, the insurance provided to the additional in- coverage to that person or organization by sured will be limited to such minimum required the use of:limits. For the purposes of determining whether CG D6 04 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 2 Page 4851 of 6405 COMMERCIAL GENERAL LIABILITY this limitation applies, the minimum limits required result in a claim. To the extent possible, such by the written contract or agreement will be con- notice should include: sidered to include the minimum limits of any Um-(a)How, when and where the "occurrence"brella or Excess liability coverage required for the or offense took place; additional insured by that written contract or (b)The names and addresses of any injuredagreement. This provision will not increase the persons and witnesses; andlimits of insurance described in Section III – Limits (c)The nature and location of any injury orOf Insurance.damage arising out of the "occurrence" orb.The insurance provided to such additional insured offense.does not apply to: (2)If a claim is made or "suit" is brought against(1)Any "bodily injury", "property damage" or the additional insured:"personal injury" arising out of the providing, (a)Immediately record the specifics of theor failure to provide, any professional archi- claim or "suit" and the date received; andtectural, engineering or surveying services, including:(b)Notify us as soon as practicable and see to it that we receive written notice of the(a)The preparing, approving, or failing to claim or "suit" as soon as practicable.prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or-(3)Immediately send us copies of all legal pa- ders or change orders, or the preparing, pers received in connection with the claim or approving, or failing to prepare or ap- "suit", cooperate with us in the investigation prove, drawings and specifications; and or settlement of the claim or defense against the "suit", and otherwise comply with all policy(b)Supervisory, inspection, architectural or conditions.engineering activities. (4)Tender the defense and indemnity of any(2)Any "bodily injury" or "property damage" claim or "suit" to any provider of other insur-caused by "your work" and included in the ance which would cover such additional in-"products-completed operations hazard" un- sured for a loss we cover. However, this con-less the written contract or agreement specifi- cally requires you to provide such coverage dition does not affect whether the insurance for that additional insured during the policy provided to such additional insured is primary period.to other insurance available to such additional insured which covers that person or organiza-c.The additional insured must comply with the fol- tion as a named insured as described in Par-lowing duties: agraph 4., Other Insurance, of Section IV –(1)Give us written notice as soon as practicable Commercial General Liability Conditions.of an "occurrence" or an offense which may Page 2 of 2 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D6 04 02 19 Page 4852 of 6405 Page 4853 of 6405 Page 4854 of 6405 Page 4855 of 6405 Page 4856 of 6405 Page 4857 of 6405 Page 4858 of 6405 Page 4859 of 6405 Page 4860 of 6405 Page 4861 of 6405 Page 4862 of 6405 Page 4863 of 6405 Page 4864 of 6405 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2.The following is added to Paragraph B.5.,Other Insurance of SECTION IV – BUSINESS AUTO1.The following is added to Paragraph A.1.c., Who CONDITIONS:Is An Insured, of SECTION Il – LIABILITY COVERAGE:Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, thisThis includes any person or organization who you insurance is primary to and non-contributory withare required under a written contract or applicable other insurance under which anagreement between you and that person or additional insured person or organization is theorganization, that is signed by you before the first named insured when the written contract or"bodily injury" or "property damage" occurs and agreement between you and that person orthat is in effect during the policy period, to name organization, that is signed by you before theas an additional insured for Liability Coverage,"bodily injury" or "property damage" occurs andbut only for damages to which this insurance that is in effect during the policy period, requiresapplies and only to the extent of that person's or this insurance to be primary and non-contributory.organization's liability for the conduct of another "insured". CA T4 74 08 17 ú 2016 The Travelers Indemnity Company. All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 4865 of 6405 � TRAVELERSJ WORKERS COMPENSATION AND ONE TOWER SQUARE HARTFORD CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) -001 POLICY NUMBER: UB-6J317115-24-43-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. DATE OF ISSUE: 08-31-24 ST ASSIGN: PAGE 1 OFl Page 4866 of 6405 Bowman Gulf Coast, LLC dba Robau a Bowman CompanyKlein Agency, LLC 25 Certificate of Liability Insurance: Notes Robau and Associates, LLC was acquired by Bowman Consulting Group LTD effective 8/21/24. 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: Page 4867 of 6405 Page 4868 of 6405 Page 4869 of 6405 Page 4870 of 6405 Page 4871 of 6405 Page 4872 of 6405 Page 4873 of 6405 Page 4874 of 6405 Page 4875 of 6405 Page 4876 of 6405 Page 4877 of 6405 Page 4878 of 6405 Page 4879 of 6405 Page 4880 of 6405 Page 4881 of 6405 Page 4882 of 6405 Page 4883 of 6405 Page 4884 of 6405 Page 4885 of 6405 Page 4886 of 6405 Page 4887 of 6405 Page 4888 of 6405 Page 4889 of 6405 Page 4890 of 6405 Page 4891 of 6405 Page 4892 of 6405 Page 4893 of 6405 Page 4894 of 6405 Page 4895 of 6405 Page 4896 of 6405 Page 4897 of 6405 Page 4898 of 6405 Page 4899 of 6405 Page 4900 of 6405 Page 4901 of 6405 Page 4902 of 6405 Page 4903 of 6405 Page 4904 of 6405 Page 4905 of 6405 Page 4906 of 6405 Page 4907 of 6405 Page 4908 of 6405 Page 4909 of 6405 Page 4910 of 6405 Page 4911 of 6405 Page 4912 of 6405 Page 4913 of 6405 Page 4914 of 6405 Page 4915 of 6405 Page 4916 of 6405 Page 4917 of 6405 Page 4918 of 6405 Page 4919 of 6405 Page 4920 of 6405 Page 4921 of 6405 Page 4922 of 6405 Page 4923 of 6405 Page 4924 of 6405 Page 4925 of 6405 Page 4926 of 6405 Page 4927 of 6405 Page 4928 of 6405 Page 4929 of 6405 Page 4930 of 6405 Page 4931 of 6405 Page 4932 of 6405 Page 4933 of 6405 Page 4934 of 6405 Page 4935 of 6405 Page 4936 of 6405 Page 4937 of 6405 Page 4938 of 6405 Page 4939 of 6405 Page 4940 of 6405 Page 4941 of 6405 Page 4942 of 6405 Page 4943 of 6405 Page 4944 of 6405 Page 4945 of 6405 Page 4946 of 6405 Page 4947 of 6405 Page 4948 of 6405 Page 4949 of 6405 Page 4950 of 6405 Page 4951 of 6405 Page 4952 of 6405 Page 4953 of 6405 Page 4954 of 6405 Page 4955 of 6405 Page 4956 of 6405 Page 4957 of 6405 Page 4958 of 6405 Page 4959 of 6405 Page 4960 of 6405 Page 4961 of 6405 Page 4962 of 6405 Page 4963 of 6405 Page 4964 of 6405 Page 4965 of 6405 Page 4966 of 6405 Page 4967 of 6405 Page 4968 of 6405 Page 4969 of 6405 Page 4970 of 6405 Page 4971 of 6405 Page 4972 of 6405 Page 4973 of 6405 Page 4974 of 6405 Page 4975 of 6405 Page 4976 of 6405 Page 4977 of 6405