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HomeMy WebLinkAboutItem I04 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 September 10, 2025 Agenda Item Number: I4 2023-4440 BULK ITEM: No DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland N/A AGENDA ITEM WORDING: Approval of Change Order#1 with Charley Toppino & Sons in the net amount of$641,192.32, increasing contract costs by $1,941,788.00 due to delays with issuance of the USACE permit, which delayed the construction start date for several years, and decreasing cost ($1,300,595.68) for the reduction of mitigation work required for the Taxiway A Extension and Mitigation project at the Key West International Airport. The Agreement is funded by FAA Grant 37- 97, FDOT Airfield Improvements Grant G2E62, and Airport Operating Fund 404. ITEM BACKGROUND: The Taxiway A Extension and Mitigation project received bids on July 15, 2021 with an anticipated notice to proceed for construction to be issued in June, 2022. 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 several years due to staffing issues at the agency. The USACE permit was issued on July 25, 2025. The Contractor was required to carry General Conditions costs between June 30, 2022 and July 25, 2025, a delay of 1,095 calendar days. The delay in the construction start date resulted in an increase to the contract amount by $1,941,788. The original bid documents included mitigation work to be completed at two separate sites. Site 1 at the Hawk Missile and Site 2 at Tarpon Belly Keys. During the delayed USACE permitting process, it was decided by the USACE that mitigation would be required at Site 1 and only a portion of Site 2. Site 2 was reduced by approximately 50% in scope. This change order revises the attached pay items to reflect the reduction of the mitigation work at Site 2 (Tarpon Belly Keys). This change in scope results in a decrease to the contract amount by ($1,300,595.68). PREVIOUS RELEVANT BOCC ACTION: Ratification of FAA Grant 37-67 on August 18, 2021 and award of project contract to Charley Toppino & Sons on November 17, 2021. 4171 INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: CO #1 increases contract sum by a net sum of$641,192.32. STAFF RECOMMENDATION: Approval. DOCUMENTATION: CTS Taxiway A Change Order I.pdf 2025 06 COI Charley Toppino Sons exp 5.19.26 signed.pdf FINANCIAL IMPACT: Financial Impact: $641,192.32 Funding Source: FAA Grant 37-67, FDOT Grant Contract G2E62 and Airport Operating Fund 404 Effective date: Upon approval 4172 MONROE COOS / NG1NEER1+iG/ dO "T MM&GEM CONTRACT CHANGE ORDER PROJECT TITLE: Taxiway A Extension and Mitigation CHANGE ORDER NO: 1 INITIATION DATE: 8/13/2025 TO CONTRACTOR: Charley Toppino& Sons CONTRACT DATE: 11/17/2021 The Contract is changed as follows: The original Contract Sum .......................................................................... 2............$7, 10,999.66 Net change by previously authorized Change Order ................... ................................$ 0.00 The Contract Sum prior to this Change order was........................................................$7,210,999.66 The Contract Sum is(increased) by this Change Order 6.....................w,..,..,,.................$ 641,192.32 The Revised 1 Contract Sum including this Change Order...............................-.w ......u...$7,852,191.98 The Taxiway A Extension and Mitigation project received bids on July 15, 2021 with an anticipated notice to proceed for construction to be issued in June, 2022. 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 several years due to staffing issues at the agency. An USACE permit was issued on July 25, 2025. The Contractor was required to carry General Conditions costs between June 30, 2022 and July 25, 2025, a delay of 1,095 calendar days. The delay in the construction start date resulted in an increase to the contract amount by$1,941,788. The original bid documents included mitigation work to be completed at two separate sites. Site 1 was at the Hawk Missile and Site 2 was at Tarpon Belly Key. During the delayed USACE permitting process, it was decided by the USACE that mitigation would be required at Site 1 and only a portion of Site 2. Site 2 was reduced by approximately 50% in scope. This change order revises the attached pay items to reflect the reduction of the mitigation work at Site 2(Tarpon Belly Key). This change in scope results in a decrease to the contract amount by($1,300,595.68). Net increase change to contract Change Order 1: $641,192.32. The construction commencement is anticipated for August, 2025. This Change Order 1 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 increases amount represents 8.9% of the original contract price. Not valid until approved by Owner Architect if a livable and Contractor ARCHITECT/ENGINE 8/14/2025 � D to CONTRACTOR Date (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK OF MONROE COUNTY,FLORIDA By: By as Deputy Clerk Mayor/Chairman ' NROE COUNTY ATTOFINEY yE FOFdA,d PE�PWMTY SSISTAATTORNEY Date 8/15/25 4173 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: 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 reduction of scope for the mitigation work on Tarpon Belly Key, resulting in a net increase 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 an increase of the contract amount. • Change Order exceeds$100,000or 5%of contract price(whichever is greater). Yes® No ❑ If Yes, explanation as to why it is not subject for a calling for bids: This project is funded by the FAA. The FAA issues the federal grant based on the bids received and the recommended low bidder. It is necessary to complete this project with the contracted bidder prior to the federal grant expiring. In addition, this change order only represents General Conditions costs due to the delay in obtaining the USACE permit as previously stated. It does not reflect a cost for the Contractor to perform additional work. • 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: 4174 WE August 8. 3025 JACOBS 200W. Forsyth Stnyet, Suite 1520 Jacksonville, FL32202 Taxiway A Extension and Mitigation' KVV|A To Whom |t May Concern, The Taxiway A Extension and Mitigation bid package construction NTP was listed as June 2022. The project NTP was delayed to July 25, 2025, due to permitting.As a result, the project was delayed for 1.12Odays and incurred general conditions delay costs of$1.941,788.00 ($1.733.74/day). General conditions costs include overall project menaQement, insunance, bonda, permits, and administrative costs. Charley Toppino& Sons will issue change order as a lump sum increase. Andrew Toppino Vice President Charley Toppinm&Sons,Inc. y.().Box 787,Key West,PL33O4l OfGne:305-296-5606 A/YEQVAL OPPORTUNITY EMPLOYER 4175 cfl ti c� cD En ,Z cJ cxa g" 0 p r u) &A 11) " 0 0 co I_n 114 lq (n %* 'IT ", w -4 r-, 0r c; 0 f a; z • Vw rI ".4 Cc, 0 m r-j 0 0 c 0 0 C) OR q q q Ui q 9 IH a a 0 r, 0 0 Ln 0 C w 0 0 a w 0 m N 2 kR LAI 00 n -1 F,� oq lD 0 w r, m m " w " r, iA r4 m N m H A^ N to "` > Q In iA 10 0 0 0 8 8 0 0 0 " q C? li .. 4 0 a d a a C-4 n b a w m CD In Ln 0 to Lo = U 0 CD 0 vi 0 0 0 0 0 0 F, 5 5 F, 5 Ln M E `� 'R c� "I Lnr` r'�� W cn a) I -T rl ko 00 C14 N In w Ln Itr LM -a Nct iAiA A^ LD iA d. in 00 Ln lLn 0 Ln Nw N. . . .,ram. 9 11 w 00 0 cn a 00 Ln ko C C CIO C t- C C 00 Lo C, :L, ci Lq N Lo Lo r- c M L6 O 0 m M > 0) cc w >- L) C) U C) U 0 6 z < M F 0 R co W m z u 0 in U) Z 04 z 0 uj o wN T w fj) F- 2 2 zZ N U, t=�� c 0 0 W Z Z 2 o 0 W — p 0 OLZ > Lu wZ E z E (9 < 0 z ug V mx cc m w 00 D 0 z LL OW LL 0< 0QQF- X F- 0 w § Z 0 LU UJ z a. o — < UJ w — (o 0 z 0 2 < Z y z Z LU of 6c) u) L) <M 0 0 z z 0 2 :E C) Z).,Z) Ww U) (L st NE C? '? ; 0— —M I — N ram- to Ln c� Lo Lo m to — 0) a)— 1,� M E N Nr4 I M M M Ln 76/2/2025 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): Miami FL 33178-2986 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 25674 INSURER F: COVERAGES CERTIFICATE NUMBER:1374560908 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 MMIDD/YYY A X COMMERCIAL GENERAL LIABILITY Y Y DTC03202M181TIA25 5/19/2025 5/19/2026 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGETORENTED PREMISES Ea occurrence $300,000 �. 16X T MED EXP(Any one person) $10,000 my 4.m '�( � PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: D,qT .-612?„ ._ ---.------- GENERAL AGGREGATE $4,000,000 X POLICY jECT RO- LOC WAMM WAXY"— PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY Y Y 810ON4284482526G 5/19/2025 5/19/2026 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 X OCCUR Y Y CUP3J6572212526 5/19/2025 5/19/2026 EACH OCCURRENCE $10,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$1 n nnn $ B WORKERS COMPENSATION Y UB4K5263662526G 5/19/2025 5/19/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTEI 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 Y MMAENV004709 2/2/2025 2/2/2027 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#MMAENV004709-Effective Date 2/2/25-2/2/27 0 Limit$1,000,000 Each Act, Error Or Omission Limit$1,000,000 Aggregate Limit-Retroactive Date: 02/02/2019 --------------------------------------------------------- --------------------------------------------------------- Certificate Holder is Additional Insured as respects to General Liability,Automobile Liability, Pollution Liability,and Excess Liability. Waiver of Subrogation applies in favor of Certificate Holder as respects to General Liability,Automobile Liability, Excess Liability, Pollution Liability and Workers'Compensation. All of the above is applicable only if required by written contract and subject to the terms,conditions and limits as specified in the policy. --------------------------------------------------------- See Attached... 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 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 4177 AGENCY CUSTOMER ID: CHARLTOPPI LOC#: ACCORD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Marsh&McLennan Agency, LLC Charley Toppino&Sons, Inc. Monroe Concrete Products, Inc. POLICY NUMBER PO Box 787 Key West FL 33041 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE 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. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4178