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Backup Documents 08/26/2025 Item #16F 1 (Absentia 07/22/2025 Item #16F3) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I SF 3 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. 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 Couny Attorney Office. Route to Addressee(s) (List in routing order) Office Initials D to 1. Risk Risk Management 2. County Attorney's Office County Attorney Office /924 845/a-f 4. BCC Office Board of County Commissioners At 712Z 4. Minutes and Records Clerk of Court's Office j a-• 5. ()/1/ fA6/9", 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 may need to contact staff for additional or missing information. Name of Primary Staff Francheska Correa/Procurement Contact Information 239-252-6020 Contact/Department Agenda Date Item was July 22,2025 Agenda Item Number 16.F.3 Approved by the BCC Type of Document Amendment Number of Original 1 Attached Documents Attached PO number or account N/A 21-7883-ST. O-A-K Florida,Inc. number if the O-A-K Florida,Inc. d/b/a Owen-Ames- document is to be d/b/a Owen-Ames- Kimball Company recorded Kimball Company 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. The original document has been signed/initialed for legal sufficiency. (All documents to FC be 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 FC document or the fmal negotiated contract date,whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FC 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'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 document was approved by the BCC on July 8,2025,and all changes made N/A is not during the meeting have been incorporated in the attached document. The County 51.1�eb 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 fI N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the cacriptb an option for Chairman's signature. this line. 1 6 F 3 THIRD AMENDMENT TO AGREEMENT No. 21-7883-ST FOR MAIN CAMPUS UPGRADES (MCU) THIS THIRD AMENDMENT, made and entered into on this Z 2 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 CA0 16F 3 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 ConiptrQller COLLIER COUNTY,FLORIDA By: • By: , ui . Saunders airman Dated: S (SEAL): 1.110.Chal, t ..jlpnetuto'only CONTRACTOR: O-A-K Florida, Inc. dba Owen-Ames-Kimball Company By: Signature Ili 1 tr -J 2wt4G14_ 526(0 r TType/print signature and titleT Cv-30 -2- Date A roved as orm d g ity: Scott R. Teach Deputy County Attorney Uv Page2of2 4&/Third Amendment to Agreement No.21-7883-ST ► +6F 3 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. - 30 (Signature of authorized representative) Date STATE OF V.Li c.‘ dike-- COUNTY OF L.fL-L Swo to(or affirmed)and subscribed before me,by means of 8'physical presence or El online notarization this 3tfay of s3V C' _ ,20 35 by'1NIV.._.W w7..t„m... me of Affiant),who produced his Florida Driver's License as identification. ^^ '�C n t,t-VD Notary ublic ;iJY'i ., REBECCA LEE ROLOFF ` .1 Notary Public•State of Florida 'l d •. Ag — l l- oZ 6t ` n�.,°'i My Comm.Expires Jul B 7,2026 P Commission Expires < kneed through National Notary Assn, Personally Known O/R Produced Identification❑ Type of Identification Produced: CONTRACT RENEWAL OR EXTENSION REQUEST FORM Version:2025.1