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Backup Documents 04/11/2023 Item #16C 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 2. County Attorney Office County Attorney Office c Q �a3 RT7 I 4. BCC Office Board of County Commissioners jQL 4t AI* /ftlez5 4. Minutes and Records Clerk of Court's Office 5. . Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,ma"need to contact staff for additional or missing information. Name of Primary Staff Vanessa Miguel/Procurement Contact Information 239-252-6020 Contact/Department Agenda Date Item was April 11,2023 Agenda Item Number 16.C.9. Approved by the BCC Type of Document Second Amendment & Change Number of Original 1 Attached Order#3 Documents Attached PO number or account N/A 18-7279 Q. Grady Minor number if document is Q. Grady Minor and Associates, to be recorded and Associates, P.A. P.A. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on April 11,2023 and all changes made N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 16C9 SECOND AMENDMENT TO AGREEMENT #18-7279 FOR BIG CORKSCREW ISLAND REGIONAL PARK PHASE II THIS AMENDMENT made and entered into on this 11 A Q r‘L (date), by and between Q. Grady Minor and Associates, P.A (the "Consultant" and/or "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County") (collectively, the "Parties"): WHEREAS, on September 15, 2018, (Agenda Item 16.D.12), the County entered into Agreement #18-7279 "Big Corkscrew Island Regional Park Design Services for Phase II" (the "Agreement") with Contractor to provide professional engineering services for the design and construction of the Big Corkscrew Island Regional Park Phase II for a total lump sum amount of $749,176.; and WHEREAS, on July 12, 2022, (Agenda Item 16.C.3), the First Amendment to the Agreement was executed to add design services scope for the Gymnasium and associated fees totaling $770,470 as allowed by the Agreement, and for the approval of Change Order #2 to the Agreement for additional post design services in the amount of$212,079 to support the phased bid development,and to increase the number of days by 1095 needed for completion of those services; and WHEREAS,the Parties desire to further amend the Agreement to add enhanced design services for the full signalization to the intersection of access road for the Oil Well Road and the South Entrance Road to the Park, and to update Schedule B, Basis of Compensation to reflect all fees previously approved under this Agreement and fees for the services added through this Second Amendment. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. The above recitals are hereby incorporated into this Second Amendment as if fully set forth herein. 2. Schedule A, Scope of Services,is hereby amended as reflected in this Second Amendment. 3. Schedule B, Basis of Compensation, is hereby amended as reflected in this Second Amendment. 4. All other terms and conditions of the Agreement, as previously amended, shall remain the same. Page 1 of 7 Second Amendment to Agreement#18-7279 (7) 1 6 C 9 IN WITNESS WHEREOF, the Parties have executed this Second Amendment by an authorized person or agent on the date and year first written above. ATTEST: Crystal/K. Kinzel, Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS 1 Court and Comptroller COLLIER COUNTY, FLORIDA r : 0,6 By. (**--72e.-°-.? -.. • • Rick LoCastro, Chairman bated: ., �� ! / .02 3 (SEAL) n 4..„, t.r) °.�it::, isiaa Contractor's Witnesses: CONTRACTOR: Q. GRADY MINOR AND ASSOCIATES, eciAz. _/ft.A.),....,( P.A. First Witness --- By: CA,*J v, ]>t.,I el-,. S ignaure 1'Ty e/print witness name's _ Type/1 rint signature and fillet Se end Wi s il►rube rt A . ,3he‘( .5f 0a3 l'Type/print'witness namet Date Approv d a to Foil and Legality: -' ,,,,,Ad.x\i,..,,,,.v,„ A sistant County Attorney ilMCAC\ T. .TOP141.5k0 Print Name 4:6)\ Page2of7 3 Second Amendment to Agreement#18-7279 16C9 Words Struck Through are deleted; Words Underlined are added SCHEDULE A SCOPE OF SERVICES Water Management, Site Fill Analysis, Amenities and Geotechnical: * * * * * C. Park Amenities a. Pre-design and progress meetings. b. 30%, 60%and 90%submittals of design and plans including but not limited to the following: • Pathways and Trails connecting Phase I • Provide utility connection for future Multi-Purpose Indoor Sporting Facility • Baseball/Softball Complex with four collegiate fields as a minimum • Outdoor Event Area • Parking • Lake Configuration (may include fountains) • Picnic Pavilions • Restrooms and concessions • Multi-purpose fields (2) • Coordinate/process/follow up on all ROW issues with all stakeholders XI. Intersection of Orange Blossom Ranch Access Road and Oil Well Road A. Traffic Demand Summation and Design Needs Study (Traffic Study) a. Obtain existing traffic data on file with Collier County that will be helpful to our work efforts. b. Using the ITE Trip Generation Manual, establish the appropriate land use codes for determining the adjacent land uses' total traffic for AM peak hour and PM peak hours and peak season conditions. c. Determine the appropriate off-site project traffic circulation patterns within proximity of Park Boulevard and establish the background east/west traffic along Oil Well Road. d. Forecast future turning movements at the subject intersection as well as at other adjacent intersections serving nearby land uses. Page 3 of 7 Second Amendment to Agreement#18-7279 16C9 e. Evaluate the subject intersection and other adjacent intersections in order to establish the needed intersection geometry and turn lane lengths. f. Prepare a report (i.e., Traffic Demand Summation and Design Needs Study) which will contain findings and conclusions associated with completing Tasks XI.A.a thru XI.A.e. g. Submit to Collier County Transportation for review. Modify accordingly, B. Signalization Design a. Prepare signalization plans in conformance with the Traffic Study, CDOT and FDOT standards including the following: • Pedestrian Features on Signal Designs • Signal Designs with Electrical and Programming Details & Quantities • Pedestrian Features on Final Signal Designs • Pole (including mast arms) Signal Designs • Develop Project Special Provisions for CDOT review • Develop Quantities total for CDOT review • SUE for utilities in vicinity of pole work area • Soil Borings for pole design • Survey of identified underground utilities,topography and boundaries • Handholes, conduits, access control for future connections • Electric drop • Signage & Pavement Markings b. Preliminary Design and coordination with County and review of Traffic Study. c. 30% Plan review d. 90% Plan review e. Permitting through Collier County ROW and GMD f. Final plans based on changes incorporated during permit review C. Final Design Final design of the turn lanes and entry drive accommodating changes as result of Traffic Study and Signal Design. Permitting through Collier County Right of Way and CDOT . This task includes separating out the bid plans. Prepare engineer's opinion of probable construction costs (OPC) for both phases (modifying OPC for the current road to separate out 2A/2E phases and adding the signalization work). D. Post Design Services a. Bid Documents and Bidding. • Prepare bid documents. • Review with County. • Provide copies of plans and specifications for bidding to County. • Answer bid questions, as necessary. Page 4 of 7 Second Amendment to Agreement#18-7279 16C9 Includes pre-construction, construction and permit close out assistance. Set up and attend ROW pre-construction meeting. Visit site three (3) times during construction and at substantial completion of the project. Assist Collier County in closing out ROW permit. XI. Intersection of Orange Blossom Ranch Access Road and Oil Well Road (COST BREAKDOWN) Task Description Fee Type A Traffic Study $7,339.00 T&M B. Signalization Design $48,060.00 T&M C. Final Design $21,448.00 T&M D. Post Design $10,616.00 T&M R. Reimbursables $1,000.00 T&M TOTAL $88,463.00 Page 5 of 7 Second Amendment to Agreement#18-7279 16C9 Words Struck Through are deleted; Words Underlined are added SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/Item Description Lump Sum Time and 1 Materials Not-To- Exceed I Water Management, Site Fill Analysis, Amenities and $300,000 $ Geotechnical II Road Design Connecting Phase 1 and Orange Blossom $78,028 $ Ranch Access Road III Complete 60% Road Design of Orange Blossom Ranch $47,704 $ Access Road IV Permitting $150,250 $ V Bid Phase Services $25,901 $ VI Post Design Services $75,793 $212,079.00" ""additional funds added through Change Order#2 VII *Reimbursables - $3,500 at cost and not-to-exceed $ $ VIII Allowance $68,000 $ IX Gymnasium $TBD $310,380""" ""See Schedule B-1 under First Amendment for cost $460,090*** breakdown XI Intersection of Orange Blossom Ranch Access Road and Oil $ $87,463 Well Road XI.R Reimbursables $ $ 1,000 Total Lump Sum Fee $ 457676 $1,209,266 Page 6 of 7 Second Amendment to Agreement#18-7279 16C9 Total Time and Materials Fee $610,922 GRAND TOTAL FEE $7-49 476 $1,820,188 B.2.2. ®* Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. ®* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. * * * * * Remainder of language following Section 8.2.6 on Schedule 8 remains unchanged Page 7 of 7 Second Amendment to Agreement#18-7279 CA. Procurement Service Cower Cativtty Change Order Form ® Contract Modification ❑Work Order Modification Contract#: 18-7279 Change#: 3 Purchase Order#: 4500191044 Project#: 80039.1.1 Contractor/Firm Name: O. Grady Minor&Associates, P.A. Contract/Project: Big Corkscrew Island Regional Park Phase II Project Manager Name: James Morton Division Name: Facilities Management Original Contract/Work Order Amount $ 749,176.00 9/25/18 16D12 Original BCC Approval Date; Agenda Item# Current BCC Approved Amount $ 1,731,725.000 7/12/22 16C3 Last BCC Approval Date; Agenda Item# Current Contract/Work Order Amount $ 1,731,725.00 7/27/2025 SAP Contract Expiration Date (Master) Dollar Amount of this Change $ 0.00 131.15% Total Change from Original Amount Revised Contract/Work Order Total $ 1,731,725.00 0.00% Change from Current BCC Approved Amount Cumulative Changes $ 982,549.00 0.00% Change from Current Amount Completion Date, Description of the Task(s)Change,and Rationale for the Change Notice to Proceed 10/15/2018 Original 5/7/2021 Last Approved 7/27/2025 Revised Date 11/24/2025 Date Completion Date Date (Includes this change) Pa Pa #of Days Added 120 Select Tasks ®Add u.ew ta.kW ❑ Delete task(s) El-Change-ta&k(6) ❑ Other Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/or the additional days added(if requested); 2.)why this change was not included in the original contract;and,3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Collier County has requested the consultant provide additional design services for the Big Corkscrew Island Regional Park Ph II project. 1. In conjunction with Amendment 2 increasing the cost,this proposed change increases the duration to cover enhanced design services related to the intersection of Oil Well Road and the South Entrance Road to the park.To meet the requirements of a recent BCC approved developer agreement(9/27/2022 item 16.A.9),the County has requested the consultant to include the design of full signalization for the intersection of the access road with Oil Well Road in lieu of the more standard intersection originally envisioned. 2. This change was not included in the original contract because the County originally planned a more standard intersection with minimal turn lanes, minor median revision and no traffic signal.The terms of the developer agreement require the County to design and build this signal by a date certain. 3. If this change isn't processed it will prevent safe and appropriate access to the park from Oil Well Road and prevent safe and efficient egress to points east and west on Oil Well Road. Not adding the signalization would violate the BCC approved developer agreement Orange Blossom Ranch. Change Order#3 is for increase of time only.The addition of 120 days is for services and fees to be added through the Second Amendment under this Agreement.Change Order#3 is contingent upon final approval of the Second Amendment and if no approval is issued,this Change Order#3 shall he null and void. Digitally signed by MortonJames Date: :2023.02.15 Prepared by: 11:17:05-05'00' Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above, as fully as if the same were stated in this acceptance.The adjustment, if any,to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/ Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor/Vendor/Consultant/Design Professional afjgeb(JFirm, itlable) Accepted by: Delate P.E. Date:2023ns-os.02.15o0 1�54 Date: (Design Professional and Name of Firm, if project applicaMtCormICkJ Digitally signed by McCormickJohn ohn Date:2023.02.15 Approved by: 14:47'31-05'00' Date: (DivisionDirectornee Dri any siyrie❑uy or Designee) ) P� DoriaPriscilia Dat Daote:ePhscilia 2023.02.24 Approved by: 09'36:58-05'00' Date: (Procurement Professional) Revised:01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin Rp BCC ES ''>`, t6 C9 Change Order/Amendment Summary COST TIME CO# AMD# Description New Justification Additive(+) Deductive(-) Days Added Amount Wetland permits are required to construct BCIRP Ph 2 and have to Utilizes$66,416 of Utilizes$66,416 of be resubmitted 1 the allowance and 0 0 180 1115 due to change of agencies from adds 180 days ACOE to FDEP. Wetland permits are required for BCIRP PH2 as a whole of if it is phased. Adding funds to pay for additional pre and post Additional pre and post design design services services are required for bidding 2 and adds an $212,079 0 1095 2210 services and adds addional 1095 purposes and to make sure phase days 2 is complete and usable The Gymnasium scope of services and fee were not included in the Adding funds for award of the original contract; 1 gymnasium design $770,470 however, it was intended to be subsequently added upon the execution of an Amendment after costs were successfully negotiated. Additional design services for the of Adding funds for full signalization for the intersection of 2 additional design $88,463 the access road with Oil Well Road in services lieu of the more standard intersection originally envisioned. Additional design services for the of Adding time for full signalization for the intersection of 3 additional design 0 120 2330 the access road with Oil Well Road in services lieu of the more standard intersection originally envisioned. Revised:01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin Rpf BCC ES �y1S 18C9 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COURTS COLLIER COUNTY, FLORIDA By: iLAPJ\4. . 6 By: As D_ uty Cl0.u w chairman's Rick LoCastro, Chairman .y 1 Dated: 04 /2" l tOZ (SEAL) [Attest a ,Ci,;Chairman's Signature Only] Approve" a t and legality: By: p Ronald T. Tomasko Assistant County Attorney rOj /-1) 2° [23-PRC-05093/1776319/1] � r�0