Item H08 H8
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
July 19, 2023
Agenda Item Number: H8
2023-1236
BULK ITEM: No DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland
N/A
AGENDA ITEM WORDING: Approval of Change Order No. 2 with Charley Toppino & Sons in
the amount of$909,480.00 for the Aircraft Overflow Apron & Mitigation Project at the Key West
International Airport. Due to unforeseen delays in receiving permitting, the contractor has incurred
additional costs in General Conditions. The change order will be funded by FDOT Contract GIQ91
(50%) and Airport Operating Fund 404 (50%).
ITEM BACKGROUND:
The USACE permit application for the EYW Aircraft Overflow Apron and Mitigation project was
submitted in January 2021 with an anticipated issuance of December 2021, but it has not yet been
received. The project bids were opened on November 10, 2021, with an anticipated construction start
date of January 2022. Between the bid opening in November 2021 and June 2023, construction costs
have increased due to a delay in the construction start date which causes the contractor to incur
additional costs in General Conditions. The scope of work for the project did not change. The
engineering consultants have reviewed the change order and find it to be fair and reasonable.
PREVIOUS RELEVANT BOCC ACTION:
On June 16, 2021, the BOCC granted approval to advertise the bid solicitation for the project, and two
bids were received at the bid opening held on November 10, 2021: Charley Toppino & Sons in the
amount of$5,416,177.15 and Kiewit Infrastructure South in the amount of$9,673,358.00. On
November 17, 2020 the original FDOT Grant Agreement GIQ91 was approved, and on August 18,
2021 Grant Amendments #1 and#2 were approved. On February 16, 2022, the project bid and contract
was awarded to Charley Toppino & Sons, Inc.
CONTRACT/AGREEMENT CHANGES:
Change Order 2 increases the total project contract sum by $909,480.00.
STAFF RECOMMENDATION: Approval
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DOCUMENTATION:
2023 05 COI GL AL WC exp 5.19.24 Pollutuon exp 2.2.25 Signed.pdf
CTS Change Order 2 EYW Aircraft Overflow Parking Project.pdf
FINANCIAL IMPACT:
Fund: 404-63002 $454,564,46 (50%)
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: 0
3012
DATE(MM/DD/YYYY)
AC R"� CERTIFICATE OF LIABILITY INSURANCE 5/22/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Iliana Abbate
Marsh &McLennan Agency LLC PHONE FAX
9850 NW 41 St Ste 100 A/c No Ext: A/C,No):
Miami FL 33178 ADMDRESS: FLCertificates@MarshMMA.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: Travelers Indemnity Co of America 25666
INSURED CHARLTOPPI INSURERB: Phoenix Insurance Company 25623
Charley Toppino &Sons Inc.
Monroe Concrete Products Inc. INsuRERc: Evanston Insurance Company 35378
PO Box 787 INSURERD: Travelers Indemnity Company 25658
Key West FL 33041 INSURER E: Travelers Property Casualty Co of Amer 36161
INSURER F:
COVERAGES CERTIFICATE NUMBER:1254041898 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MMIDD/YYY MM/DD/YYY
A X COMMERCIAL GENERAL LIABILITY Y Y 1 DTC03202M181TIA23 5/19/2023 1 5/19/2024 EACH OCCURRENCE $2,000,000
CLAIMS-MADE X OCCUR Ir k DAMAGETORENTED
T PREMISES Ea occurrence $300,000
MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: ,iW, • 2 6 2,,,,3� � --„ .,.,^^-""""" GENERAL AGGREGATE $4,000,000
X POLICY JJECT LOC WAK"4� -i �",, y PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
D AUTOMOBILE LIABILITY Y Y 810ON4284482326G 5/19/2023 5/19/2024 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
E X UMBRELLA LAB OCCUR Y Y CUP3J6572212326 5/19/2023 5/19/2024 EACH OCCURRENCE $10,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000
DED I X I RETENTION$1 n nnn $
B WORKERS COMPENSATION Y UB4K5263662326G 5/19/2023 5/19/2024 X I PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? ElN/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
C Pollution MMAEV003528 2/2/2023 2/2/2025 Aggregate: 5,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
General Liability Aggregate applies per Project if required by written contract.
E: Professional Liability Policy#MMAENV003528, Eff Dated 2/2/23-2/2/25, Limit$1,000,000 Each Act, Error Or Omission
Limit,$1,000,000 Aggregate Limit. Retroactive Date:02/02/2019
Monroe County Board of County Commissioners,its employees and officials,are Additional Insured as respects General Liability and Auto Liability. General
Liability is primary and non-contributory. Umbrella follows form to the underlying policies as respects to Additional Insureds.Waiver of Subrogation as respects
General Liability,Auto Liability, Umbrella Liability and Workers Compensation in favor of Additional Insured.All of the above is applicable when required by
written contract subject to the terms,conditions,and exclusions of the policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Board of County Commissioners (BOCC)
500 Whitehead St AUTHORIZED REPRESENTATIVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 3013
MONROE CO ENGiNEERING/E90_1Eg1 MMAGEMENT
QNTRACT CHANGE ORDER
PROJECT TITLE: Aircraft Overflow Apron and Mitigation CHANGE ORDER NO: 2
INITIATION DATE. 0710612023
TO CONTRACTOR: Charley Toppino&Sons CONTRACT DATE: 0211612022
The Contract is changed as follows:
The original Contract Sum, .-..................... ....... ....... ............... ........... .....$ 5,416,177.15
Net change by previously authorized Change Order .......—..... ........ ............. ..........._$ 74,995.00
The Contract Sum prior to this Change order was........................ ....................a$ 5,491,172.15
The Contract Sum is (increased) by this Change Order 2 $ 909,4801.00
The Revised 1 Contract Sum including this Change Order ............ ........--............--- $ 6,400,652.15
The Aircraft Overflow Apron and Mitigation project received bids in November 2021 with the anticipated notice to proceed with
construction in January 2022. Due to delays with the issuance of the USACE permit, the construction has not started yet, The
USACE permit had no movement for over a year due to staffing issues at the agency. Between November 2021 and June
2023, construction costs have increased due to a delay in the construction start date which is causing the contractor to incur
additional costs in General Conditions. The scope of work for this project did not change. This change order only reflects the
cost increase to perform the original scope of work due to the unforeseen delay.
Net change to contract Change Order 2 $909,480.00
This Change Order 2 does not increase the contract calendar day count
Contractor agrees to accept the increase in monetary compensation and hereby waives and releases any and all claims for
any additional compensation related to this change order,
This Change Order 2 represents 16.8 % increase of the original contract price.
Not valid until app[qy2d by Owner,Architect if applicable). and Contractor
ARCH ITECT/ENG IN EER 07/06/2023
Date
CONTRACTOR
/K Dat
SEAL BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA
By By
as Deputy Clerk Mayor/Chairman
'01 NROE COUNTY ATTORNEY
ArAOV7E��
PED,FI'O J.
ASSI WSW ATTORNEY
Bate 1/_10/23
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Change Order Attachment per Ordinance No. 004-1999
• Change Order was not included in the original contract specifications. Yes ❑ No
If Yes, explanation:
• Change Order was included in the original specifications. Yes ® No ❑
If Yes, explanation of increase in price:
The Aircraft Overflow Apron and Mitigation project received bids in November 2021 with an anticipated NTP Construction in January
2022. Due to delays with the issuance of the USACE permit,the construction has not started yet.The USACE permit had no
movement for over a year due to staffing issues at the agency. Between November 2021 and June 2023,construction costs have
increased due to a delay in the construction start date which is causing the contractor to incur additional costs in General
Conditions.The scope of work for this project did not change.This change order only reflects the cost increase to perform the
original scope of work due to the unforeseen delay.
• Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes ® No ❑
If Yes, explanation as to why it is not subject for a calling for bids:
Aircraft Overflow Apron and Mitigation project has secured federal funds from the FAA based on the contract with Charley Toppino
&Sons, Inc.The FAA grant application process would have to be reinitiated if the project was re-bid,which will jeopardize the
availability of federal funds for this project.
• Project engineer/architect approves the change order. Yes ® No ❑
If No, explanation of why:
• Change Order is correcting an error or omission in design document. Yes ❑No
Should a claim under the applicable professional liability policy be made? Yes ❑ No
Explain:
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uu i
l
July 5", 2023
Charley Toppino & Sons, Inc.
129 Toppino Industrial Dr Key West, FL
305-296-5606
To Whom it may concern,
As stated in the EYW Aircraft Overflow Apron Bid Documents,the anticipated Notice to
Proceed (NTP) Construction was January 2022. As of July 2023, the USACE permit has not been
issued which results in the NTP Construction being delayed. From January 311, 2022 until July
5`", 2023 (520 Calendar Days),the project has incurred project delay costs for the General
Conditions of$1,749.00 per day, resulting in a total of$909,480.00 increase. General
Conditions costs include overall project management, insurance, bonds, permits, and
administrative costs. Charley Toppino & Sons, Inc, will hold the total increase as a lump sum
value change order until the USACE permit is received. This lump sum change order is valid until
December 311, 2023.
Thank you,
Roman Orofino
General Manager
C. (305)797-6807
3016