#21-7883-ST Amendment #3 (OAK Florida, Inc. d/b/a Owen-Ames-Kimball Company) THIRD AMENDMENT TO AGREEMENT No. 21-7883-ST
FOR
MAIN CAMPUS UPGRADES (MCU)
THIS THIRD AMENDMENT, made and entered into on this 2'L„J day of July, 2025, by
and between O-A-K/Florida, Inc. d/b/a Owen-Ames-Kimball Company (the "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, on June 25 2024 (Agenda Item 16.F.1), the Parties entered into a Second
Amendment to the Agreement to recognize the Schedule of Values included as Attachment 2 to the
First Amendment,which established the agreed upon GMP,and to clarify conflicting language between
the line items in the GMP related to reimbursement for the costs for General Liability, Pollution, and
Builder' s Risk Insurance coverages that conflicted with terms set forth in Exhibit E- 1( 1) of the
Agreement and Exhibit E-2( 1)of the First Amendment to conform the language in the GMP and those
exhibits to reflect that the Construction Manager is entitled to reimbursement for the aforementioned
identified insurances coverages under the Agreement; and
WHEREAS, the Parties desire to amend the Agreement further to allow for the reallocation of
$75,000 of the $82,500 allowance provided in Article 2, section 2.7 of the First Amendment(the GMP)
from Division 09 Finishes (stucco general labor)to the Division 26 Electrical section of the Schedule of
Values.
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 Third Amendment as if fully set forth
herein.
2. Upon execution of this Third Amendment, the Parties agree to allow for the reallocation of
$75,000 of the $82,500 allowance provided in Article 2, section 2.7 of the First Amendment
(the GMP) from Division 09 Finishes (stucco general labor) to the Division 26 Electrical
section of the Schedule of Values.
Page 1 of 2
Third Amendment to Agreement No. 21-7883-ST
CAO
3. All other terms and conditions of the Agreement,as previously amended,shall remain the
same.
IN WITNESS WHEREOF, the Parties have executed this Third Amendment on the date and
year first written above by an authorized person or agent.
ATTEST:
Crystal K. Kinzel, Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS
Court and Con-tptrgllex COLLIER COUNTY, FLORIDA
•
By: By , +a—
u . Saunders',C airman
Dated: `°a
(SEAL) Cr ai, r
t : iggnature only
CONTRACTOR:
O-A-K Florida, Inc. dba Owen-Ames-Kimball
Company
By:
Signature
p-vnfek) 2u/l4Gl_ f o2FStOoAr
TType/print signature and titleT
-30 —yE—
Date
A roved as orm d g ity:
Scott R.Teach
Deputy County Attorney
Uv
Page2of2 EQ,/
Third Amendment to Agreement No. 21-7883-ST 't��
AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a
nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an
affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the
nongovernmental entity does not use coercion for labor or services.
Effective January 1,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet
any of the following criteria: (a)the entity is owned by the government of a foreign country of concern; (b)the government of a
foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal
place of business in a foreign country of concern.
Effective July 1,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access
to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an
officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs
(2)(a)-(c),§287.138,Florida Statutes.
Nongovernmental Entity's Name: Owen Ames Kimball
Address: 11941 Fairway Lakes Dr. Fort Myers, FL 33913
Phone Number: 239-561-4141
Authorized Representative's Name: Matthew Zwack
Authorized Representative's Title: President,O-A-K Florida
Email Address: mzwack@oakfl.com
I, Matthew Zwack (Name of Authorized Representative), as authorized representative attest under
penalty of perjury that Owen Ames Kimball (Name of Nongovernmental Entity) does not: (1) use
coercion for labor or services as defined in § 787.06,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by
a government of a foreign country of concern,(b)that a foreign country of concern does not have a controlling interest in the
entity, and (c)that the entity is not organized under the laws of or has its principal place of business in a foreign country of
concern,all as prohibited under§287.138,Florida Statutes.
Under penalty of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
— 0- '
(Signature of authorized representative) Date
STATE OF fJC� dQ.--
COUNTY OF L.L.-
Swo to(or affirmed)and subscribed before me,by means off )hysical presence or❑online notarization this
33t ay of..-SVC'L ,20 a by 111\G..- cLN„ 7.4,.. ..i e of Affiant),who produced his Florida Driver's License as
identification.
Notary ublic LILLRY4AtID 44°�• REBECCA LEE ROLOFF
/.?>i? 0..' Notary Public•State of Florida
' 3 F`P Commission#HH 288690
'� �a,.:
— L�—oZ � �n:; My Comm.Expires Jul 17,2026 �
Commission Expires 3cnded through National Notary Assn.
Personally Known O/R Produced Identification❑
Type of Identification Produced:
CONTRACT RENEWAL OR EXTENSION REQUEST FORM Version:2025.1