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Item I4 I4 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting February 19, 2025 Agenda Item Number: I4 2023-3629 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland N/A AGENDA ITEM WORDING: Approval of Change Order No. 5 with Charley Toppino & Sons in the amount of$311,816.29 for the Aircraft Overflow Apron and Mitigation Project at the Key West International Airport. The change order is for additional costs to construct and restore a haul route to access the mitigation area required for the project. The change order will be paid from Airport Operating Fund 404. ITEM BACKGROUND: During the original design and permitting in 2021, construction vehicles could access the mitigation area via an existing haul route. Due to the delay in receiving the USACE permit, construction was delayed three years which resulted in the existing haul route to become overgrown and inaccessible. The contractor will create a haul route to access the mitigation area, and after mitigation is completed, the site and haul route will be restored to its elevation and topsoil will be added for planting. 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. On July 19, 2023, the BOCC approved Change Order#2 increasing the contract sum by $909,480.00 for general conditions due to additional costs that the contractor incurred due to unforeseen delays in receiving permitting for the project. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: 2851 Change Order 5 increases the total project contract sum by $311,816.29. STAFF RECOMMENDATION: Approval. DOCUMENTATION: CT'S Overflow Apron Change Order 5.pdf FINANCIAL IMPACT: Fund: 404-63002 $311,816.29 2852 MONROF COIJNTY/ENGINEERING/PRo :(."rMANAGEMINT QONrRAC`r CHANGE ORDER. PROJECT TITLE:Aircraft Overflow Apron and Mitigation CHANGE ORDER NO: 5 INITIATION DATE: 12/19/2024 TO CONTRACTOR: Charley Toppino&Sons CONTRACT DATE: 02/16/2022 The Contract is changed as follows: The original Contract Sum .............................................................................. $ 5,416,177.15 Net change by previously authorized Change Order .....................................................$ 1,023,868.26 The Contract Sum prior to this Change order was......... ........ ............ ............$ 6,440,045.41 The Contract Sum is(increased) by this Change Order 5...............................................$ 311,816,29 The Revised 1 Contract Sum including this Change Order ............................................ $ 6,751,861.70 During the original design and bidding process in 2021, construction vehicles could access the OFS-1 mitigation area via the existing haul route. Due to the delay of the USACE permit, the start of construction was postponed by 3 years which resulted in the existing haul route to be overgrown and inaccessible. To construct the haul route to access the OFS-1 mitigation area, Toppino needs to trim the mangroves, install limerock base, erosion control, and cross drains. After mitigation, the site will be restored to its proposed elevation and topsoil will be added for planting. The increases in labor costs are due to environmental protections, site constraints, and complex logistics, all essential to maintaining the project's integrity while preserving the Florida Keys ecosystem. Net change to contract Change Orders $311,816.29 This Change Orders 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 5 represents 5.8% increase of the original contract price. Not valid until approved by Owner Architect if applicable),and Contractor 1/21/2025 ARCHITECT/ENGINEER_.-.._ Date CONTRACTOR Win. . . W, Date � . AIRPORTS DIRECTOR fY 01.28.2025 Date (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA By: By: as Deputy Clerk Mayor/Chairman NROE C ATTOIINIIY 0VE FORM ,." 1 I�� J CA ,, AS TA UNTY SIi ATTORNEY Date 1/29/25 2853 Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included inthe original contract specifications. Yes F-1 No If Yes, explanation: • Change Order was included in the original specifications. Yes No �� If Yes, explanation#f increase inprice: • Change Order exceeds$25,000 or 5%of contract price(whichever is greater). Yes IZ No El |f Yes, explanation aoto why itis not subject for a calling for bids: During the original design and bidding proceos, construction vehicles could access the C]FS-1 mitigation area via the existing haul route. Due bo the UBACE permit delay, the construction was postponed which resulted in the existing haul route to be overgrown and inaccessible. The haul mute is required to construct the OFS-1 mitigation area, which is part of the EYVV Aircraft Overflow Apron project. The change order exceeds 5% of the contract price because of the difficulty to construct the haul route due to the surrounding environmental constraints. • Project engineer/architect approves the change order. Yes MNoFl |f No, explanation cfwhy: • Change Order im correcting an error Vr omission in design document. Yes E]No0 Should a claim under the applicable professional liability policy bemade? Yes RNo �� Explain: wm Change Order Attention Jacobs DATE, 72119P24 200 W Forsyth St Suite 1520 Jacksonville,FL 32202 ITEMIZED QUANTITIES Location: 3491 S Roosevelt Bred,Kerr Weal.Ft.3304t5 Scope: OFS,1 Mitigation Flaul Road,8nst'sll llmerock base,erasion control,and cross drains.Return to proposed aYavalions aaF r plan a an co lat_ I atian and Install td ail Ppr IanCin s. ...,... .. ... Yta9Y5 baze�crixrlinn......mm,,,,,,„ glusntdy...... ._Unity, Ceatper Unit.. Liner.ft-Cest ;We.i drarnmun 1350 HR......_._..............._.._..._....__....ee.................._......_.__.._....____..__.._..__.......... ,....__..........._................,,,.__._.._....._... ....,.,µHe04Q."50135.p HR $ a4.5p $ 91 bq%.5q7354 HR S $450 $ 11 44'7.50 1354 HR $ 54.6q $ 7 3M 00 5 .._........._L+mtaunsr ...,, _ pS.q HR S 54.6p $ 7371.gp avrerr 4.aq.. $ 7371 7 Lna¢Ldr 135.4 HR $ 156.p4 $ 21460.gq ...,._„ „ ___.,_....,,.., _.._____.... .....__._..,,...__, 6 Exuavulrr __..,,,,..__,,. 135A FIR $ 162,54 S 21 93'7.54 9 _...... I7urn driack _...._..._...,.,,.. ._.....__....� _ 135.0 HRmm $ 156.44 S 21�p64.6q ip Co 5.0 F1R $ 115,p4 $ 5175.pq 11t F'..Iter i trbr r 1 0 12 Sb,rw W.rldle.4 1 034.0 _ tH $ iwa5 $ 3,.785.5p 13 d.mnnvrrxk has. .__. .._ 792,0...,.. TONS $_...___ 75.14 S 59511.67 ........ 7A 4'?'.rarx1 i)-n . ........ 95 Landsrar Flans s t,p I.S ,,,,,„,„,„,16 7_90 H. 16790.96 16 ,_____ j5o11 ..522.4 CY ... 63.55 $ ,33,179,10 ..............__._.____.__ ._......._.........._._...._......_..____. .....___...._..._._..._..._._............_.._........_._.._........_._.. ............. 11 8# ,ktkll 1>,p a( 33.4 t.L7AD..... .. 54q,40 '19 marn now)'1"rrnrmin s0.rasa/ t.1 LOAb Subtotal $ 271,144.a4 ......... ._...._____................. ...... .__.....,... ......._ 1f�__..,.......pve.rhead&P,.Il(1 Shn 1 01 LS._ $40 47t.B9 ,,..._.._$4,06%1§9 ..... Zp Perforn5�ncalisa mrnl t'Snnds$24.g41Tbouvuand 1.4 LS _ 21 M.bilimfion/Damow1vaborr, _ 1.0 LS ._.... .._. 22 Genml Canrtiions 1.4 Total __......... $ 311,816.29 Natal: Prepared by: t Eat111mtor _.__... .,...__ Sneat 1 at 1 12119124 .....--- ...... ___._ _ Signature (late. 2855 Our labor costs are elevated due to a combination of factors tied to the unique environmental and logistical challenges of working in the Florida Keys,This addition to the project involves strict compliance with regulations and an array of complexities that significantly affect the cost of our operations. The site is in an environmentally sensitive area which means that every aspect of our work must be carefully planned,with specific attention given to minimizing our footprint.The physical constraints of the site create a significant bottleneck in terms of productivity,The haul road is a narrow 15-foot- wide path,which limits the movement of equipment, materials,and personnel, Our production is much slowerthan it would be in a more accessible area,which increases the amount of time required to complete each task.After the mitigation work is complete and environmental restoration is achieved,the fill for the haul road must be carefully removed. Another significant factor affecting Labor costs is the need to install topsoil for plantings,while removing the fit[for the haul road.This must be done one truck at a time due to limited access as we addressed above.This process is time-consuming and requires specialized handling to ensure the fRL does not affect the surrounding ecosystem or violate environmental regulations. All these challenges require more time, more planning, and a higher degree of expertise at every stage of the project.This not only increases the direct tabor costs but also impacts our ability to reach full production levels, as the work must be conducted slowly and deliberately to avoid disrupting the environment. Ultimately,the combination Vf environmental protections,site constraints, and complex logistics culminates in significantly higher tabor costs.These costs are a necessary part of maintaining the integrity of the project white respecting the delicate ecosystem of the Florida Keys, 2856 72/3/2025 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 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: Marsh &McLennan Agency, LLC PHONE FAX 9850 NW 41 St Ste 100 A/C No EXt: A/C,No): E-MMiami FL 33178-2986 ADDRESS: 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:2136940559 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 MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y DTC03202M181TIA24 5/19/2024 5/19/2025 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300,000 APP1:,BI� T MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: .i. 2.3 25 � _.... GENERAL AGGREGATE $4,000,000 X POLICY LOC PRODUCTS-COMP/OP AGG $2,000,000 PRO- JECT War K*_X' . OTHER: $ D AUTOMOBILE LIABILITY Y 810ON4284482426G 5/19/2024 5/19/2025 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 LIAB X OCCUR Y CUP3J6572212426 5/19/2024 5/19/2025 EACH OCCURRENCE $10,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$1 n nnn $ B WORKERS COMPENSATION UB4K5263662426G 5/19/2024 5/19/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTEI ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? ❑ N/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 MMAENV004709 2/2/2025 2/2/2027 Aggregate: 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Liability Aggregate applies per Project if required by written contract. E: Professional Liability Policy#MMAENV004709, Eff Dated 2/2/25-2/2/27, 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(BOCC),as Designated Organization, is an Additional Insured as respects General Liability and Auto Liability. Umbrella follows form to the underlying policies as respects to Additional Insureds.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) 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 1�ca @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 2857