Item I06 I6
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
March 25, 2025
Agenda Item Number: I6
2023-3755
BULK ITEM: No DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland
N/A
AGENDA ITEM WORDING: Approval of Change Order No. 6 with Charley Toppino & Sons, Inc.,
reducing the contract sum by $1,591,493.50 for the Commercial Apron Extension and Mitigation
project at the Key West International Airport. The project is funded by FAA Grant#37-72 (90%),
FDOT Airfield Improvements Grant G2E62 (5%) and Key West Airport Operating Fund 404 (5%).
ITEM BACKGROUND:
It was anticipated that the Commercial Apron Expansion and Mitigation notice to proceed for
construction would be issued in October 2023. Due to delays with the issuance of the USACE permit,
the construction start for the project was delayed. The USACE permit made no progress for over a year
due to staffing issues at the agency. Once the USACE permit was issued, construction started on June
19, 2024. The contractor was required to carry General Conditions costs between October 31, 2023 and
June 19, 2024, a delay of 232 calendar days. The delay in the construction start date resulted in an
increase to the contract sum of$999,456.00.
The original bid documents included mitigation work to be completed at two separate sites. Site 1 at
Crawl Key and Site 2 at Tarpon Belly Keys. During the delayed USACE permitting process, it was
decided by USACE that mitigation would only be required to be performed at Site 1 (Crawl Key). This
change order also revises the pay items to reflect the deletion of the mitigation work at Site 2 (Tarpon
Belly Keys). This change in scope results in a decrease to the contract sum of$2,590,949.50, resulting
in a net decrease to the contract total of($1,591,493.50).
PREVIOUS RELEVANT BOCC ACTION:
On April 20, 2022,the BOCC granted approval to advertise the bid solicitation for the project. Charley Toppino &
Sons (CTS)was the sole bidder at the bid opening held June 23,2022, and the bid and contract was awarded to CTS
on October 19, 2022.
INSURANCE REQUIRED:
2050
Yes
CONTRACT/AGREEMENT CHANGES:
Deductive change order.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Toppino Deduct Change Order No. 6.pdf
FINANCIAL IMPACT:
Decrease in total contract sum.
Total Dollar Value of Contract: (1,591,493.50)
Total Cost to County: -0-
Budgeted: Yes
Source of Funds: FAA Grant#3 7-72 (90%), FDOT G 1007 (5%), and Key West Airport Operating
Fund 404 (5%)
2051
MONROF COIJNIIY/ENGINEFRING/PRogEcr�AMIANA�GEmwr
CONTRAC-17 CHANGE ORDFR
PROJECT TITLE: Commercial Apron Expansion and Mitigation CHANGE ORDER NO: 6
INITIATION DATE: 02/24/2025
TO CONTRACTOR: Charley Toppino&Sons CONTRACT DATE: 10/19/2022
The Contract is changed as follows:
The original Contract Sum ........ ........... .......... ........ $17'166'179.68
Net change by previously authorized Change Order ..... ....--$ 2,1186,26337
The Contract Sum prior to this Change order was._......... ......... -$19,352,443.45
The Contract Sum is (increased) by this Change Order 6,... ($1,591,493.50)
The Revised 1 Contract Sum including this Change Order . ........ ............ $17,760,949.95
The Commercial Apron Expansion and Mitigation project received bids on June 23, 2022 with an anticipated notice to
proceed for construction to be issued in October, 2023. Due to delays with the issuance of the USACE permit, the
construction start for this project was delayed. The USACE permit made no progress for over a year due to staffing
issues at the agency. An USACE permit was issued and construction was allowed to start on June 19, 2024. The
Contractor was required to carry General Conditions costs between October 31, 2023 and June 19, 2024, a delay of 232
calendar days. The delay in the construction start date resulted in an increase to the contract amount by$999,466.00.
The original bid documents included mitigation work to be completed at two separate sites. Site 1 was at Crawl Key and
Site 2 was at Tarpon Belly Key. During the delayed USACE permitting process, it was decided by the USACE that
mitigation would only be required to be performed at Site 1(Crawl Key). This change order revises the attached pay items
to reflect the deletion of the mitigation work at Site 2(Tarpon Belly Key). This change in scope results in a decrease to the
contract amount by($2,590,949.60).
Net decrease change to contract Change Order 6: ($1,691,493.50).
The construction commencement was June 19, 2024.
This Change Order 6 does not increase contract time.
Contractor agrees to accept the increase/decrease in monetary compensation and hereby waives and releases any and all
claims for any additional compensation related to these bid items.
This Change Order decrease amount represents 9.3% of the original contract price.
Not valid until approved by Owner, Architect(if applicable), and Contractor
ARCHITECT/EN NEE, 3/4/2025
a e
CONTRACTOR
ate
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA
By: By:
as Deputy Clerk Mayor/Chairman
NROE couNTY ATTonNEY
FO ArJ3OV7E9 D
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AS! ;E &04.JAERCA-
NW ATTORNV
Date 3/5/25 2052
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 decrease in price:
1. The original bid documents included mitigation work to be completed at Tarpon Belly Key. This mitigation work
was also included in preliminary discussions with the USACE. To secure federal funding it was necessary to
maintain the bidding schedule for the project prior to receiving the USACE permit. As previously discussed, the
issuance of the USACE was delayed. The issuance of the USACE permit resulted in the deletion of the mitigation
work on Tarpon Belly Key, resulting in a decrease in price.
2. Due to the delay in issuance of the USACE permit, the Contractor incurred General Conditions Costs.
3. The net result in Items 1 and 2 is a decrease of the contract amount.
• Change Order exceeds $100,000 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:
• 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:
2053
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27 February 2025
KWIA Airport
Monroe County BOCC
Subject: KWIA Commercial Apron Expansion and Mitigation
To Whom It May Concern,
Commercial Apron Expansion and Mitigation bid package construction NTP listed as October 2023.
Project NTP was delayed to June 19, 2024,due to permitting. As a result, the project was delayed for 232
days and incurred general condition delay costs of$999,456 ($4,308/day). General condition costs
include overall project management,insurance,bonds,permits, and administrative costs. Charley Toppino
and Sons will issue change order increase as a lump sum.
Respectfully,
Charley Toppino & Sons, Inc.
Roman Orofino
General Manager
Charley Toppino& Sons, Inc.
2055
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
DAMAGE TO RENTED
CLAIMS-MADE � OCCUR PREMISES
Ea occurrence)
ccurrrence $300,000
APIP11:,BK T MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: 2.3 25 � GENERAL AGGREGATE $4,000,000
PRO-
DA _....
X POLICY X JECT LOC WAMP ._' PRODUCTS-COMP/OP AGG $2,000,000
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 STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER 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
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