Item F04BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
f
T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: F.4
Agenda Item Summary #2277
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
none
AGENDA ITEM WORDING: Approval to award bid and execute contract with Charley Toppino
& Sons, Inc. ( Toppino's) for Drainage Improvements Phase 2 & 3 at the Key West International
Airport in the amount of $1,655,580.85 (Base Bid West Pumped Injection Well at $901,492.10,
Additive Bid 4 1 East Pumped Injection Well at $539,886.25 and Additive Bid 43 West Exfiltration
Trench at $214,102.50) to be funded by FAA Grant 437 -53 (90 %), FDOT Grant# GOE45 (5 %), and
Passenger Facility Charge(PFC) Application 415 (5 %).
ITEM BACKGROUND: The County held a bid opening on June 8, 2016 following the issuance of
a notice of competitive solicitation for Drainage Improvements Phase 2 & 3 at KWIA. The project
consists of the construction of two pumped stormwater injection wells and the construction of
approximately 540 lineal feet of exfiltration trench. The purpose of the pumped injection wells is to
improve the efficiency of the airfield drainage system. The exfiltration trench will add additional
storage and treatment capacity to the stormwater management system. There were two (2)
respondents to the County solicitation (see attached bid tab). The low bidder, Toppino's, has been
determined to have submitted the most responsive and responsible proposal and staff is
recommending that the bid be awarded and the contract executed with Toppino's (see attached
letter).
PREVIOUS RELEVANT BOCC ACTION: On April 20, 2016, the BOCC granted approval to
advertise the project for bids. On October 19, 2016, the BOCC ratified and approved FAA Grant 37-
53, and on the November 22, 2016 agenda is an item to ratify and approve FDOT Grant GOE45.
CONTRACT /AGREEMENT CHANGES:
Bid Award
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Toppino agenda item (bid recap & recomend letter)
FINANCIAL IMPACT:
Effective Date: 11/22/2016
Expiration Date: 302 Days from Notice to Proceed.
Total Dollar Value of Contract: $1,655,480.85
Total Cost to County: N/A
Current Year Portion:
Budgeted:
Source of Funds: FAA(90 %)$1,489,932.77, FDOT(5 %) $82,774.04 and PFC's(5 %)
$82,774.04.
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount:
Grant:
County Match: N/A
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto
Completed
10/27/2016 12:10 PM
Pedro Mercado
Completed
10/27/2016 1:49 PM
Budget and Finance
Completed
10/27/2016 1:58 PM
Maria Slavik
Completed
10/28/2016 8:20 AM
Donald DeGraw
Completed
10/31/2016 9:43 AM
Kathy Peters
Completed
10/31/2016 11:18 AM
Board of County Commissioners
Pending
11/22/2016 9:00 AM
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JACOBS
t Riverside Avenue
Suite 300
Jacksonville, Florida 32202
1.904.636.5432 Fax 1.904.636.541
Re: Key West International Airport
Drainage Improvements Phase 2 & 3
Project No. GAKAP146
As stated on the Schedule of Bid Items, the Basis of Award is the sum of Base Bid plus all of the Additive
Bids. On this basis, the apparent low bid was submitted by Charley Toppino & Sons, Inc. in the amount
of $2,828,122.25 as shown below.
it is our uncterstancting 6asect on conv-..-..-..-
funding would allow for the execution of a contract for the Base Bid (West Pumped Injection Well),
Additive Bid #I (East Pumped Injection Well) and Additive Bid #3 (West Extilltration Trench) in the
amount of $1,655,480.85.
ENGINEER'S
DOUGLAS N.
ESTIMATE
I
HIGGINS, INC.
$1,203,406.70
ADDITIVE BID #1
ADDITIVE 13111) #2
%q
"V
21
WWI 1
$276,147.00
$203,3 A0
ADDITIVE BID #5
$178,652.20
M11
$173,855.00
$426,780.80
-1-
TOTAL BASE ■119i
$3,421,247.78
PLUS ALL ADDITIVES
it is our uncterstancting 6asect on conv-..-..-..-
funding would allow for the execution of a contract for the Base Bid (West Pumped Injection Well),
Additive Bid #I (East Pumped Injection Well) and Additive Bid #3 (West Extilltration Trench) in the
amount of $1,655,480.85.
Based on our review of the bid prices and contingent upon Monroe County's legal review of the
Lfwgilabilit—, Jacobs recommends award to Cbarley
k V4
Toppino & Sons, Inc in the amount stipulated above. If you have any questions or require any additional
information, please do not hesitate to contact us.
Sincerely,
renITLIF a",
cc: Ryan Forney, AIA/Jacobs
Chris Bowker, P.E./Jacobs
Charles Waller, P.E./Jacobs
Key West International Airport 11116
Monroe County
Drainage Improvements Phase 2 & 3
Project No. GA P146
S E C T 1 0 N C
TO: Monroe County Board of Commissioners
Key West, Florida
T fri
In order to avoid the necessity of extensive amendments to the referred contract, the
undersigned acknowledges hereby that the following conditions are those for which
change orders are allowed under the Bid Law:
1 Unusual and difficult circumstances which arose during the course of the
execution of the contract which could not have been reasonably foreseen.
2. Where competitive bidding for the new work for new money will work to the
serious detriment of the awarding authority.
3. Emergencies arising during the course of the work.
4. Changes or alterations provided for in the original bid and originals contract.
Charley Toppints & Sons, Inc. Contractor
.Y t�b+r�
Key West International Airport 11116
Monroe County
Drainage Improvements Phase 2 & 3
Project'No. GA P146
C 0 IN T R A C T 1CX
Key West l nt r nati onal Airp2rt
THIS AGREEMENT made and entered into the 22 day of November, 2016
by and between Charley Tension & Sons, Inc. Contractor, and the Monroe County Board of
Commissioners, Key West, Florida, Owner.
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the
Owner as follows
2. That the Contractor shall commence the work to be performed under this
agreement on a date to be specified in a written order of the Owner and shall
fully complete the Base Bid, Additive Bid W1, and Additive Bid #3 hereunder within
the 302 calendar days from the Notice-to-Proceed as per Special Provision No. 2.
3. The Owner hereby agrees to pay to the Contractor for the faithful performance of
the agreement, subject to additions and deductions as provided in the
specifications or proposal in lawful money of the United States as follows:
,and 85/100 Dollars (11&55 in accordance with lump sum and unit prices
set forth in the proposal,
CON�TRACT 11-2
Key West International Airport 11116
Monroe County
Drainage Improvements Phase 2 & 3
Project No, GA P146
5. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in connection
with the construction of the work have been paid in full, final payment on account of
this agreement shall be made within twenty (20) days after the completion by the
Contractor of all work covered by this agreement and the acceptance of such work
by the Owner.
9. Public Access. Pursuant to Florida Statute §119.0701, Contractor and its
subcontractors shall comply with all public records laws of the State of Florida,
including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would
be required by Monroe County in the performance of this Agreement.
(b) Provide the public with access to public records on the same terms and
CONTRACT 11-3
Key West International Airport 11116
Monroe County
Drainage Improvements Phase 2 & 3
Project No. GAKAP146
HGNH�
In the event the completion of the project (including the work of others) is
ME
Key West International Airport 11116
Monroe County
Drainage Improvements Phase 2 A, 3
Project'No. GAKAP146
delayed or suspended as a result of the Contractor's failure to purchase or
maintain the required insurance, the Contractor shall indemnify
the County from any and all increased expenses resulting from such
delay.
The first ten ($10.00) of remuneration paid to the Contractor is
for the indemnification provided for above.
HIM
12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the
COUNTY'S credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. CONTRACTOR further warrants and represents that
it has no obligation or indebtedness that would impair its ability to
fulfill the terms of this contract.
13. NOTICE REQUIREMENT: Any notice required or permitted
under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
FOR COUNTY
on DeGraw, Director of Airports
3491 South Roosevelt Blvd.
Key West, FL 33041
CONTRACT 11-5
Key West International Airport 11116
Monroe County
Drainage Improvements Phase 2 & 3
Project No. GAKAP146
FOR CONTRACTOR
Frank Toppino
President
Charley Toppino & Sons, Inc
PO Box 787
Key West, FL 33041
17. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR
agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and attorney's fees, in
CONTRACT 11-6
Key West International Airport 11/16
Monroe County
Drainage Improvements Phase 2 & 3
Project Into, GAKAP146
appellate proceedings. Each party agrees to pay its own court costs,
investigative, and out-of-pocket expenses whether it is the prevailing
party or not, through all levels of the court system.
20. BINDING EFFECT. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of COUNTY and
CONTRACTOR and their respective legal representatives, successors,
and assigns.
21. AUTHORITY: Each party represents and warrants to the other
that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
CONTRACT 11-7
Key West International Airport 11/16
Monroe County
Drainage Improvements Phase 2 & 3
Project'No. GAS P146
26. EXECUTION IN COUNTERPARTS: This Agreement may be executed
in any number of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the soma
instrument and COUNTY and CONTRACTOR hereto may execute this
Agreement by signing any such counterpart.
CONTRACT 11-8
Key West International Airport 11/16
Monroe County
Drainage Improvements Phase 2 & 3
Project No. GAKAP146
CONTRACT 11-9
(SEAL)
Attest AMY HEAVILIN
By"
Deputy Clerk
Date:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COIJNTY FLORIDA
- By.
Mayor
Witness for CONTRACT R: Charley Toppino & Sons, Inc.
�13
Signature President
Date: 10-20-16 _
10-20-16
_. -Frank P. Toppino_
Print Name
A8807TO MAORNEY,
CONTRACT 11-10
245 Riverside Avenue
Suite 300
Jacksonville, Florida 32202
1.904.636.5432 Fax 1.904.636.5433
Donald DeGraw
Director of Airports
Monroe County Airports
Key West International Airport
3491 South Roosevelt Blvd.
Key West, FL 33040
June 13, 2016
a,
a,
Re; Key West International Airport
Drainage Improvements Phase 2 & 3
Project No. GAKAP146
Dear Mr. DeGraw,
A public bid opening was held on June 8, 2016 for the above subject project. The project consisted of a
Base Bid with Additive Bids #1, #2, #3, #4, #5, & #6. From the submitted proposals Jacobs has compiled
the unit prices and bid amounts in the attached Bid Tabulation Matrix and compared this with the Monroe
County Purchasing Tabulation Sheet. In reviewing the bid tabulation, we did find a minor typographical
error in the received bids as highlighted on the bid tabulation. Charley Toppino & Sons, Inc. had one
discrepancy on their Attachment `A' Schedule of Bid Items but it was a typographical error and did not
affect the Bid Totals.
As stated on the Schedule of Bid Items, the Basis of Award is the sum of Base Bid plus all of the Additive
Bids. On this basis, the apparent low bid was submitted by Charley Toppino & Sons, Inc. in the amount
of $2,828,122.25 as shown below.
BID ITEM
ENGINEER'S
ESTIMATE
CHARLEY TOPPINO
& SONS, INC.
DOUGLAS N.
HIGGINS, INC.
BASE BID
$1,203,406.70
$901,492.10
$1,261,875.00
ADDITIVE BID #1
$844,150.00
$539,886.25
$538,342.50
ADDITIVE BID #2
$280,271.28
$406,510.40
$391,020.00
ADDITIVE BID #3
$211,839.80
$214,102.50
$295,605.00
ADD BID #4
$276,147.00
$189,5 60.00
$203,375.00
ADDITIVE BID #5
$178,652.20
$262
$173,855.00
ADDITIVE B ID #6
$426,780.80
$313,900.00
$399,175.00
TOTAL BASE BID
PLUS ALL ADDIT
$3,421,247.78
$2,828,122.25
$3,263,247.50
It is our understanding based on conversations with the FAA that the available Federal, State, and Local
funding would allow for the execution of a contract for the Base Bid (West Pumped Injection Well),
Additive Bid #I (East Pumped Injection Well) and Additive Bid #3 (West Exfiltration Trench) in the
amount of $1,655,480.85.
La {'o b s E n gin,, e e r i n G up ,few;...
Based on our review of the bid prices and contingent upon Monroe County's legal review of the
proposer's bid documents and confirmation of funding availability, Jacobs recommends award to Charley
Toppino & Sons, Inc in the amount stipulated above. If you have any questions or require any additional
information, please do not hesitate to contact us.
Sincerely,
Thomas Schilling
Project Manager
Encl: Jacobs Bid Tabulation Matrix
cc: Ryan Forney, ALA,/Jacobs
Chris Bowker, P.E. /Jacobs
Charles Waller, P.E. /Jacobs
a,
a,
Key West International Airport 11/16
Monroe County
Drainage Improvements Phase 2 & 3
Project No. GAKAP146
TO: Monroe County Board of Commissioners
Key West, Florida
I I(OWA I i 1:111 �
Key West International Airport
M=
In order to avoid the necessity of extensive amendments to the referred contract, the
undersigned acknowledges hereby that the following conditions are those for which
change orders are allowed under the Bid Law:
1 Unusual and difficult circumstances which arose during the course of thl-
execution of the contract which could not have been reasonably foreseen. 0
26 Where competitive bidding for the new work for new money will work to the
serious detriment • the awarding authority.
11150TE02-7. Mt.
1 • 1
1:1lITIMMOTIV M
- Charley Toppino & Sons, Inc. Contractor
By:
Title: Re I � (a vi
•
Key West International Airport 11/16
Monroe County
Drainage Improvements Phase 2 & 3
Project No. GAKAP146
C ON T R A C T TC3
F917- I LLr-
•
THIS AGREEMENT made and entered into the 22 nd day of November, 2016
by and between Charley Toppino & Sons, Inc. Contractor, and the Monroe County Board
Commissioners, Key West, Florida, Owner. I
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the
Owner as follows:
2. That the Contractor shall commence the work to be performed under this
agreement on a date to be specified in a written order of the Owner and shall
fully complete the Base Bid, Additive Bid #11, and Additive Bid #3 hereunder within
the 302 calendar days from the Notice-to-Proceed as per Special Provision No. 2. .
3. The Owner hereby agrees to pay to the Contractor for the faithful performance ol'
the agreement, subject to additions and deductions as provided in the
specifications or proposal in lawful money of the United States as follows:
and 85/100 Dollars ($1,655,480.85 in accordance with lump sum a d unit prices
set forth in the proposal.
CONTRACT 11-2
Key West International Airport 11/16
Monroe County
Drainage Improvements Phase 2 & 3
Project No. GAKAP146
CONTRACT 11-3
Key West International Airport 11/16
Monroe County
Drainage Improvements Phase 2 & 3
Project No. GAKAP146
conditions that Monroe County would provide the records and at a cost that
does not exceed the cost provided in Florida Statutes, Chapter 119 or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no
cost, to Monroe County all public records in possession of the contractor upon
termination of this Agreement and destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to Monroe
County in a format that is compatible with the information technology systems
of Monroe County.
- - Fir-It i .
CONTRACT 11-4
Key West International Airport 11/16
Monroe County
Drainage Improvements Phase 2 & 3
Project No. GAKAP 146
delayed or suspended as a result of the Contractor's failure to purchase or
maintain the required insurance, the Contractor shall indemnify
the County from any and all increased expenses resulting from such
delay.
The first ten ($10.00) of remuneration paid to the Contractor is
for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened
by the insurance requirements contained elsewhere within this agreement.
13. NOTICE REQUIREMENT: Any notice required or •- --
under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the
FOR COUNTY
Don DeGraw, Director of Airports
3491 South o - -
1
CONTRACT II -5
Key West International Airport 11/16
Monroe County
Drainage Improvements Phase 2 & 3
Project No. GAKAP146
17. ATT•• NEY'S FEES AND COSTS: COUNTY and CONTRACTOR
agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and attorney's fees, in
CONTRACT 11-6
Key West International Airport 11/16
Monroe County
Drainage Improvements Phase 2 & 3
Project No. GAKAP146
appellate proceedings. Each party agrees to pay its own court costs,
investigative, and out -of- pocket expenses whether it is the prevailing
party or not, through all levels of the court system.
18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and
disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of COUNTY and
CONTRACTOR. If no resolution can be agreed upon within 30 days
after the first meet and confer session, the issue or issues shall
be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to
the satisfaction of COUNTY and CONTRACTOR, then any party
shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law.
1 BINDING EFFECT: The terms, . . provisions of
this Agreement shall bind and inure to the benefit of COUNTY and
CONTRACTOR and their respective legal representatives, successors,
r assigns.
21. AUTHORITY: Each party represents and warrants to the other
that the execution, delivery and performance of this
Agreement ha been duly authorized by - - ssary County and
corporate action, as required by Law.
CONTRACT 11-7
Key West International Airport 11/16
Monroe County
Drainage Improvements Phase 2 & 3
Project No. GAKAP146
23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This
Agreement is not intended to, nor shall it be construed as, relieving
any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor
shall it be construed as, authorizing the delegation of the constitutional
or statutory duties of the COUNTY, except to the extent permitted by
the Florida constitution, state statute, and case law.
24. NON - RELIANCE BY NON - PARTIES: No person or entity shall be
entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement
to or benefit of any service or program contemplated hereunder,
and the COUNTY and the CONTRACTOR agree that neither the
COUNTY nor the CONTRACTOR or any agent, officer, or employee of
either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate
and apart, inferior to, or superior to the community in general or for
the purposes contemplated in this Agreement.
25. NO PERSONAL LIABILITY: No covenant or agreement contained
herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this Agreement or be
subject to any personal liability or accountability by reason of the
execution of this Agreement.
26. EXECUTION IN COUNTERPARTS: This Agreement may be executed
in any number of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the same
instrument and COUNTY and CONTRACTOR hereto may execute this
Agreement by signing any such counterpart.
CONTRACT II -8
Key West International Airport 11/16
Monroe County
Drainage Improvements Phase 2 & 3
Project No. GAKAP146
27. NON - DISCRIMINATION: Contractor agrees that there will be no
discrimination against any person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of
the court order. Contractor agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the
Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism; 7) The Public Health Service
Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as
amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
CONTRACT II -9
Key West International Airport 11/16
Monroe County
Drainage Improvements Phase 2 & 3
Project o. GAKAP146
IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and
date first above written in two (2) counterparts, each of which shall, without proof or accounting
for the other counterpart, be deemed an original contract.
In
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Witness for CONTRACT, R: Charley Toppino & Sons, Inc.
Signature m President
1 0-20-l6 . ...... -,",-Frank P. Toppino
Date Print Name
Address: US Hi g-hway I MM8.5
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Signature Rockland Key Key West FL, 3304_
UZBIZM�M
Date 305-296-5606
CONTRACT 11-10