Backup Documents 06/25/2024 Item #16F 1 ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 F 1
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. County Attorney's Office County Attorney Office pi 6 71,4
2. BCC Office Board of County Commissioners Chairman
� 1z L ,-
�
3. Minutes and Records Clerk of Court's Office
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
addresses above,may need to contact staff for additional or missing information.
Name of Primary Staff Bendisa E.Zela,Facilities Division Phone 239-252-8440
Contact/Department Number Bendisa.Zela@colliercountyfl.gov
Email
Agenda Date Item was June 25,2024 Agenda
Approved by the BCC Item 16.F.1
Number
Type of Document Attached Recommendation to approve a Second Amendment to Number of
Agreement No.21-7883-ST,the Construction Original I
Management at Risk("CMAR")contract with O-A- Documents
K/Florida,Inc.,d/b/a Owen-Ames-Kimball Company, Attached
for the Main Campus Upgrades to conform the
insurance requirements in Exhibits E-1(1)and E-2(1)
to the Board approved Guaranteed Maximum Price
and associated schedule of values with no increase in
cost or time under the Agreement,and ratify and
authorize payments related to work performed by
subcontractor Nauti Electric,Inc.,that occurred prior
to the issuance of a bond being in place between Nauti
Electric and O-A-K. (Fund(3018),Project 50214)
PO number or account The Facilities Division is requesting a completed copy
number if the document is to
be recorded
INSTRUCTIONS&CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is appropriate. Yes N/A(Not
(Initial) Applicable)
1. Does the document require the chairman's original signature? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes,provide the Contact N/A
Information(Name,Agency,Address,Phone)on an attached sheet.
3. The original document has been signed/initialed for legal sufficiency. (All documents to be signed by the
Chairman,except for most letters,must be reviewed and signed by the Office of the County Attorney. BEZ
4. All handwritten strikethroughs and revisions have been initialed by the County Attorney's Office and all N/A
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 document or the BEZ
final negotiated contract date,whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and
initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip should be N/A
provided to the County Attorney's 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 BCC approved the document on June 25,2024,and all changes made during the meeting have N/A is not an
been incorporated in the attached document. The County Attorney's Office has reviewed the option for this
changes,if applicable. line.
9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes N/A is not an
directed by the BCC have been made,and the document is ready for the Chairman's signature. option for this
line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16F 1
SECOND AMENDMENT TO AGREEMENT#21-7883-ST
FOR
MAIN CAMPUS UPGRADES(MCU)
AI THIS SECOND AMENDMENT, made and entered into on this Z� day of
3vne 2024,by and between O-A-K/Florida,Inc.d/b/a Owen-Ames-Kimball Company(the
"Construction Manager" or"Construction Contractor") and Collier County, a political subdivision of
the State of Florida, (the "County"or"Owner") (collectively, the"Parties"):
WHEREAS, on May 10, 2022 (Agenda Item No. 16.C.4), the County entered into
Construction Manager At Risk (CMAR) Agreement No. #21-7883-ST "Main Campus Upgrades
• (MCU)" (the"Agreement") with Construction Manager for CMAR services to manage and coordinate
the construction of the Main Campus Upgrades, which include the surtax approved New Chiller Plant
Building K and the Underground Chilled Water Mains; and
WHEREAS, on January 9, 2024 (Agenda Item 11.G), the Parties entered into a First
Amendment to the Agreement(the"First Amendment")to include the Construction Phase scope,provide
for a total Guaranteed Maximum Price ("GMP") to be paid to Construction Manager in the amount of
Seventeen Million Six Hundred Forty-Eight Thousand Six Hundred and Eighty-Nine Dollars and •
Ninety-Seven Cents($17,648,689.97), and establish the Contract Time for the Work;and •
WHEREAS, the Schedule of Values included as Attachment 2 to the First Amendment, •
which established the agreed upon GMP,included a line item for reimbursement for the costs for General
Liability, Pollution, and Builder's Risk Insurance coverages that conflicts with the terms set forth in
Exhibit E-1(1) of the Agreement and Exhibit E-2(1) of the First Amendment, which both state in part :
"During the term of the Contract,the Construction Contractor shall provide,pay for, and maintain, with
companies satisfactory to the Owner,the types of insurance described herein."; and
WHEREAS, the Parties do not dispute that the GMP agreed upon by the Parties included
reimbursement to the Construction Manager for the aforementioned identified insurances coverages
under the Agreement and wish to conform the language in Exhibit E-1(1)of the Agreement and Exhibit
E-2(1) of the First Amendment to eliminate the conflicting terms as set forth below.
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. The first sentence of Exhibit E-1(1), Insurance Requirements of the Agreement and Exhibit E-
2(1)of the First Amendment are each hereby revised as follows:
During the term of the Contract, the Construction Contractor shall provide, pay for (subject to
being reimbursed by Owner for those agreed upon insurance coverages listed in the GMP
Page 1 of 3
Second Amendment to Agreement#21-7883-ST
"CMAR-Main Campus Upgrades" b`
(CAo)
16F 1
Schedule of Values as set forth in the First Amendment to the Agreement), and maintain, with
companies satisfactory to the Owner,the types of insurance described herein.
3. All other terms and conditions of the Agreement shall remain the same.
Signature page to follow
Page 2 of 3
Second Amendment to Agreement#21-7883-ST
"CMAR-Main Campus Upgrades" •
(t.i i‘
16F 1
IN WITNESS WHEREOF,the Parties have executed this Second Amendment on the date and year first
written above by an authorized person or agent.
ATTEST: ' .
Crystal K.Kinzer;C.1er1c of the Circuit BOARD OF COUNTY COMMISSIONERS
Court and Comptroller. COLLIER FY,FLORIDA
61
By:' _ \ la �
___ . By:
CI all,Chairman
Dated: MENA if
(SEAL) 'ttest as to Cha mil
it„.. signature only
Construction Contractor's Witnesses: CONSTRUCTION CONTRACTOR:
0-A-K/Florida,Inc.
i —' d/b/a Owen-Ames-Kiruball Company
First Witness 1� By:, - -
Signature
MCKenla¢ Woe l5
TType/print witness namet Mrrtr/H6✓ Zumek - 4a-s„:lour
. , _ �� 1 TTypeJprint signature and titleT
1 S-C nd Witness 6-3 ZL/
J.rLt: cf, �1b\DF� Date
I TType/print witness nameT
Ap roved as t d gality:
Scott .Teach,Deputy County Attorney
Page 3 of 3
Second Amendment to Agreement#21-7883-ST1,14
"CHAR-Main Campus Upgrades" J