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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 W V Q N LL z Q W m z W H Q a W H Q V a W W O N Q J m H a O O M Q O O N n c 3 r W Q z W IL O V O V �O M N a A O' � O o � Z � r A O Q 0 C C 30 W J H H H m O O a } N N L CL N N O v ao U H vi O O . L cs s V a } L O U L a a U H vi . rn rn T- 2 cs 7 O L N a c3 a s } } a a N � N � S U U � N p� N } c3 � s a Cf � N � 7 U L a � a s a rn � O y F .W. � Q a o � U } L U O o U > a� L } � a . cn � � U C3 � � V } 'L L o U LL o N � L } s } H U') m O m N N O 72 co O O O Ln O Ln '-! Ln N N z al r, �N 0 �.p N N M o i 00 Q r j lD N M N '& 00 .. M 0 N m 'p_ _0 N _0 m r m m rr3 ro � O O 0 O m 0 U') U') m c V C z c U) w 0 o6 z O = O C: a U) z a r p1 � O 0 L ro U m O O a } N N L CL N N O v ao U H vi O O . L cs s V a } L O U L a a U H vi . rn rn T- 2 cs 7 O L N a c3 a s } } a a N � N � S U U � N p� N } c3 � s a Cf � N � 7 U L a � a s a rn � O y F .W. � Q a o � U } L U O o U > a� L } � a . cn � � U C3 � � V } 'L L o U LL o N � L } s } H U') m O m N N O 72 co 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 M M_ I N= 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 -------- --- Signature Rockland Key Key West FL, 3304_ UZBIZM�M Date 305-296-5606 CONTRACT 11-10