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#17-7103 Amend #4 (Q. Grady Minor)FOURTH AMENDMENT TO AGREEMENT #17-7103 FOR "WEST GOODLETTE FRANK ROAD ,JOINT STORMWATER-SEWER PROJECT" THIS AMENDMENT, made and entered into on thiQr day of WWA 2020, by and between Q. Grady Minor & Associates, P.A (the "Consultant") an Board of County Commissioners Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WHEREAS, on July 11, 2017 (Agenda Item No. 16.A.17), the County entered into an Agreement with Consultant to obtain the professional Design and Other Related Services concerning the "West Goodlette Frank Road Joint Stormwater- Sewer Project"; and WHEREAS, on July 25, 2017, the County administratively approved First Amendment to the Agreement to correct a scrivener's error on Schedule B "Basis of Compensation," Section 2. Compensation to Consultant, to amend the total fee amount from $659,591 to $695,591; and WHEREAS, on November 13, 2018 (Agenda Item No. 16.A.26), the County approved the Second Amendment to the Agreement for post -design construction administration services in the amount of $190,844 for the first year of the two-year construction project; and WHEREAS, on January 14, 2020 (Agenda Item No. 16.A.24), the County approved the Third Amendment to the Agreement to amend scope and include fees to Task 7 and Task 9 for post -design construction administration services in the amount of $199,516; and WHEREAS, the Consultant can provide professional engineering services related to traffic calming improvements along Ridge Street from US41 to Goodlette Frank Road as part of the West Goodlette Frank Road Joint Stormwater- Sewer (West G-F Road) Improvement project; and WHEREAS, the County would like to construct three (3) speed tables along Ridge Street to reduce the speed of vehicular traffic; and WHEREAS, the parties desire to amend the Agreement to add Task 10., Speed Table Analysis and Design and Construction Management, to include scope, cost, and number of days of completion with a total cost not to exceed $8,646.00. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Schedule A- Scope of Services, Schedule B- Basis of Compensation, 2. Compensation to Consultant and Schedule C- Project Milestone Schedule is hereby amended to include Task 10 Speed Table Analysis and Design & Construction Administration, as set forth below and incorporated herein. 2. The Total Fee to Consultant under this Agreement has increased from $1,085,951 to $1,094,597. 3. Except as modified through this Agreement, all other terms and conditions shall remain the same. Page 1 of 4 Fourth Amendment to Agreement # 17-7103 U Words Struek T-hr- are deleted; Words Underlined are added SCHEDULE A SCOPE OF SERVICES Task No. 10 — Sneed Table Analvsis and DeS1Ln & Construction Administration 1. Conduct an onsite meeting with Collier County to discuss locations and design of the proposed speed tables_ 2. Prepare construction details for the proposed improvements including but not limited to: a) A detailed plan of the proposed speed tables located at the agreed upon locations. • The plans will include an asphalt design option and a concrete design option. • A cross section and profile of each of the three (3) proposed speed tables. b) Provide a breakdown of the additional quantities for the items that were added due to the proposed speed tables. 3. Coordination with North Collier Fire Control and Rescue District on guidelines and requirements per NFPA 1, 18.2.3.4.7 which are outlined below. a) Major factor of the calming devise is to ensure response time is not reduced and fire apparatus can navigate the installed devices. b) The placement of calming device. c) Approval from Collier County Traffic Management Division. d) The size of the device and what speed rating the device is listed for, per revious coordination with North Collier Fire Control and Rescue District it is assumed this cannot be lower than posted speed limit e) Oversee review and approval from North Collier Fire Control and Rescue District. 4. Construction Administration will be coordinated with GradyMinor's current construction administration contract for the West G-F Road Improvements project and will include: a) Coordination with the County and County Inspectors. b) Coordination with property owners and business owners. c) Review Contractor submitted Shop Drawings. d) Provide clarification of plans and construction documents or make minor changes due to field conditions. e, Respond to requests for additional information from the Contractor. SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 2. COMPENSATION TO CONSULTANT Page 2 of 4 Fourth Amendment to Agreement # 17-7103 O G B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. TASK DESCRIPTION NOT TO EXCEED AMOUNT: 1. Infrastructure Identification $183,116.00 2. Basis of Design Report $85,072.00 3. Design $311,493.00 4. Permitting $56,420.00 5. Bidding $9,782.00 6. Project Management $32,558.00 7. Construction Administration $389,610.00 8. Construction As -Built Survey $TBD 9. Not -to -Exceed Fee for Reimbursable Expenses $17,900.00 10. Speed Table Analysis and Design & Construction Administration $8,646.00 TOTAL FEE (Total Items 1-810)$1,086,961.00 $1,094,597.00 SCHEDULE C PROJECT MILESTONE SCHEDULE Task Description Cumulative Number of Calendar Days For Completion from Date of Notice to Proceed for Services under this Agreement 1 Infrastructure Identification 190 2 Basis of Design Report 190 3 Design 190 4 Permitting 1,257 5 Bidding 1,257 6 Project Management 1,257 7 Construction Administration 762 8 Construction As -Built Survey TBD 9 Not -to -Exceed Fee for Reimbursable Expenses n/a 10 Speed Table Analysis and Design & Construction Administration 180 Page 3 of 4 Fourth Amendment to Agreement # 17-7103 IN WITNESS WHEREOF, the parties have executed this Fourth Amendment on the date and year first written above by an authorized person or agent. ATTEST: Crystal K. Kinzel, Clerk of Court & Comptroller ow, Date (SE, signatut# Ok Contractor's Witness es: First J�.4.rf �`1ocF•nQZ TType/print witness T nnn Witness/ t -.O Lcir_ /' ma`s. Aeiw1a S Type/print witness nameT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By BURT L. SAUNDERS, Chairman Q. Gyddy Migor & Associates, P.A. A J5,1 N F2FPqE rc TType/print signature and titleT Date App v d a t Fo nL lity: Scott R.Teac Deputy County Attorney Page 4 of 4 Fourth Amendment to Agreement # 17-7103 *PO 0 C3GRADYM-n1 D2CRUSHING ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)4/21/2020 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. 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). PRODUCER License # L077730 AssuredPartners of Florida, Naples 8950 Fontana Del Sol Way Suite 300 Naples, FL 34109 CONTACT Nancy McCarrick NAME: PHONE (A/C, No, Ext): (239) 280-3614 (A/c, No):(239) 261-2803 E-MAIL nancy.mccarrick@assuredpartners.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: National Trust Insurance Company 20141 INSURED INSURER B : FCCI Insurance Company 10178 INSURER C: MaXum Indemnity Company 26743 Q Grady Minor & Associates PA INSURER D : 3800 Via Del Rey Bonita Springs, FL 34134 INSURER E _ INSURER F : Cr1VFRAt;FS CFRTIFICATF Nl1MRFR- REVISION NUMBER: 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. INSR T TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/ D/YYYY POLICY EXP / LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X GL100041417 4/5/2020 4/5/2021 DAMAGE TO RENTED PREMISES Ea occurrence 100,000 $ MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'L PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY PE LOC $ OTHER: B AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT Ea accident 1,000,000 $ BODILY INJURY Per erson $ ANY AUTO X CA100012461 4/5/2020 4/5/2021 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY $ AUTOS ONLY X NON-OWNED Ix A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE UMB100024445 4/5/2020 4/5/2021 AGGREGATE $ 5,000,000 DED X I RETENTION $ 10,000 $ 1 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A 57813 4/5/2020 4/5/2021 X STATUTE ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT _ 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below C Cyber Liability CE20MPLOBQJTZNC 4/5/2020 4/5/2021 2,000,000 C Prof/Tech E&O CE20MPLOBQJTZNC 4/5/2020 4/5/2021 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contract 17-7103 West Goodlette Frank Rd Joint Stormwater-Sewer Project Collier County Board of County Commissioners is included as Additional Insured for General Liability on a primary and noncontributory basis including both ongoing and completed operations as required by written contract per form CGL 084 (10 13). Collier County Board of County Commissioners is included as Additional Insured for Auto Liability on a primary and noncontributory as required by written contract per forms CAU 001 10 04 and CAU 082 01 15. Collier County Board of Commissioners 3295 Tamiami Trail East 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. AUTHORIZED REPRESENTATIVE En ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD S O COMMERCIAL AUTOMOBILE CAU 082 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC INSURED - BUSINESS AUTO POLICY PRIMARY/NON-CONTRIBUTING WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II.A.1. Who Is An Insured is amended by adding the following: 1. Any person or organization when you and such person have agreed in writing in a contract signed and executed by you prior to the loss for which coverage is sought, that such person or organization be added as an "insured" on your auto policy. Such person or organization shall be an "insured" to the extent your negligent actions or omissions impose liability on such "insured" without fault on its part. 2. This insurance is primary and non-contributory to other liability coverages of the person or organization being added to this policy as an "insured" when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. f. 4 CAU 082 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 Copyright 2015 FCCI Insurance Group. Insured Copy POLICY NUMBER: GL100041417-01 COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE OPTIONAL Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section 11—Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. y Insured Coov 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. "Your work' performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A. 1.-, or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV — Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. U Insured Copy 1. Give us written notice of an `occurrence" or an offense which may result in a claim or "suit' under this insurance, and of any claim or "suit' that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit' to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit'. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. r CAO f Insured Canv POLICY NUMBER: CA100012461-03 COMMERCIAL AUTO CAU 001 (10-04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II.A.1. Who Is An Insured is amended to add paragraph d. d. Any person or organization designated in the schedule below but only to the extent of the negligent acts or omissions of an "insured" under paragraph a. or b. of Section II.A.1 which cause liability to be imposed on such person or organization without fault on the part of such person or organization, during work performed by you or for you for the person or organization designated below. SCHEDULE Person or Organization COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS i✓V CAU 001 (10-04) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 12 of 15 Insured Copy