A meeting of the Manatee County Port Authority will be held on Thursday, April 18, 2019 at 9:00 a.m., or as soon thereafter as is practicable in the third floor meeting room of the Port Manatee Intermodal Center, 1905 Intermodal Circle, Palmetto, FL 34221, located at the intersection of South Dock Street and Reeder Road at Port Manatee.

Anyone wishing to attend this meeting who does not have an appropriate Port Manatee identification badge may enter Port Manatee by the north or south gate by displaying photo identification, generally a

driver’s license.

MANATEE COUNTY PORT AUTHORITY AGENDA April 18, 2019 – 9:00 a.m.

The Manatee County Port Authority may take action on any matter during this meeting, including those items set forth within this agenda. The chairperson, at the option of the chairperson, may take business out of order if the chairperson determines that such a change in the agenda’s schedule will expedite the business of the Port Authority.

CALL TO ORDER

Invocation – Chaplain Rich Lewman, Anchor House Pledge of Allegiance

Audience Introductions Public Comments

1. Employee Recognition

   
   

2. Presentation – Keith Robbins, FDOT

   
   

3. Consent Agenda

   
   

4. Railroad Upgrade and Replacement Contract Award

Executive Director Comments Public Comments Commissioner Comments

According to Section 286.0105, Florida Statutes, any person desiring to appeal any decision made by the Port Authority with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be based.

Vanessa Baugh, Chairman

Priscilla Whisenant-Trace, 1st Vice-Chairman; Reggie Bellamy, 2nd Vice-Chairman; Betsy Benac, 3rd Vice-Chairman; Stephen R. Jonsson, Member;

Misty Servia, Member; Carol Whitmore, Member

April 18, 2019

AGENDA ITEM 1.: EMPLOYEE RECOGNITION

Michele Brennan – Retirement Team Assistant, Sales & Marketing

April 18, 2019

AGENDA ITEM 2.: PRESENTATION – KEITH ROBBINS, FDOT

Keith Robbins, District Freight & Seaport Coordinator, FDOT District 1, Bartow, Florida, served in the Army for over twenty years as an Infantry and Transportation Corps Officer in a variety of leadership and staff assignments. Key positions include Brigade Air Operations Officer, Company Commander, Logistics Trainer at the U.S. Army National Training Center, Battalion Operations Officer, Corps Support Operations Plans Officer, Surface Branch Chief at the U.S. European Command Joint Movement Center, Joint Maritime Program Manager at U.S. Transportation Command, and Featured Speaker and Panelist in Washington, DC and London, England.

After the Army, Keith served as a Federal Civil Servant where he was Senior Consultant to the Commanding General and Staff for Military Surface Deployment and Distribution Command on all transformation integration initiatives and activities; and as Director of Business Development for U.S. Army accounts for a Boeing Company subsidiary. Over his 32 years of experience in all modes of transportation and logistics, Keith worked closely with personnel from military, government, and industry organizations on a wide variety of projects in many different countries and environments around the world.

Keith has a Bachelor of Arts and two Master of Arts Degrees, and two professional graduate certificates. He is a certified Project Management Professional (PMP), a certified Maritime Port Executive (MPE) and holds a Professional Designation in Logistics and Supply Chain Management (PLS). His decorations and honors include the Combat Infantryman’s Badge and the Ancient Order of St Christopher (Honor Society of Military Transporters). He is an Adjunct Instructor at South Florida State College for logistics, transportation, and supply chain management.

As a District Freight & Seaport Coordinator he serves as the primary contact for District 1 in coordinating on all matters of freight (highway, air, rail, and sea), and acts as a resource for connecting freight issues with government organizations and the private sector at the regional and statewide level.

April 18, 2019

1. CONSENT AGENDA

   
   

   1. Warrant List

      
      

   2. Minutes March 21, 2019

      
      

   3. Budget Resolution

RECOMMENDATION:

Move to approve the Consent Agenda incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda items.

Manatee County Port Authority Warrant (Check) Listing

03/14/2019 to 04/10/2019

AP	XXXXXXX	V019302	ABBOTT, PAUL SCOTT	881.25
AP	XXXXXXX	V024688	ADS INC	2,600.40
AP	XXXXXXX	V024688	ADS INC	4,536.00
AP	XXXXXXX	V025267	ALLEGRA PRINTING OF BRADENTON	31.50
AP	XXXXXXX	V109817	AMERICAN ASSOCIATION OF, THE	1,075.00
AP	XXXXXXX	V002322	AMERICAN BACKFLOW PRODUCTS CO	988.59
AP	XXXXXXX	V002322	AMERICAN BACKFLOW PRODUCTS CO	209.63
AP	XXXXXXX	V023321	AMERICAN EXPRESS TRAVEL RELATE	56.76
AP	XXXXXXX	V023321	AMERICAN EXPRESS TRAVEL RELATE	10.07
AP	XXXXXXX	V004322	AMERICAN JOURNAL OF TRANSPORTA	1,500.00
AP	XXXXXXX	P000270	APPICE, MATTHEW	58.87
AP	XXXXXXX	P000270	APPICE, MATTHEW	85.69
AP	XXXXXXX	V118009	AT AND T	64.16
AP	XXXXXXX	V013140	AT AND T MOBILITY	48.85
AP	XXXXXXX	V023501	AT AND T TELECONFERENCE SERVIC	31.34
AP	XXXXXXX	V008136	ATLANTIC TRACK AND TURNOUT INC	952.00
AP	XXXXXXX	V019152	AUTOZONE	460.92
AP	XXXXXXX	V024292	B AND H FOTO AND ELECTRONICS C	1,246.50
AP	XXXXXXX	V002730	BANK OF AMERICA	358.58
AP	XXXXXXX	V002730	BANK OF AMERICA	146.34
AP	XXXXXXX	V004571	BATTERY USA INC	278.00
AP	XXXXXXX	V004571	BATTERY USA INC	315.00
AP	XXXXXXX	V006691	BENCHMARK ENVIROANALYTICAL INC	72.00
AP	XXXXXXX	V170611	BOYD INSURANCE AGENCY INC	8,718.50
AP	XXXXXXX	V173024	BRADENTON HERALD, THE	19.89
AP	XXXXXXX	V007624	BRIGHT HOUSE	304.98
AP	XXXXXXX	P000278	BUQUERAS, CARLOS	369.52
AP	XXXXXXX	P000278	BUQUERAS, CARLOS	1,035.79
AP	XXXXXXX	V202222	CALLAGHAN ENTERPRISES INC, DAN	185.20
AP	XXXXXXX	V024328	CRANEMASTERS INC	6,783.54
AP	XXXXXXX	V200106	CSX TRANSPORTATION	3,600.00
AP	XXXXXXX	V006291	DEX IMAGING INC	62.83
AP	XXXXXXX	V282890	DISCOUNT LOCK AND KEY INC	94.00
AP	XXXXXXX	V282890	DISCOUNT LOCK AND KEY INC	22.00
AP	XXXXXXX	V299000	DUTCHMAN WINDOW CLEANING SERVI	1,500.00
AP	XXXXXXX	V308090	ELLENTON RADIATOR SERVICES	250.00
AP	XXXXXXX	V022096	ENTECH	814.00
AP	XXXXXXX	V334298	FLORIDA MUNICIPAL INSURANCE TR	38,940.25
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	50,970.91
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	13,579.97
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	663.80
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	1,510.41
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	5,517.35
AP	XXXXXXX	V021937	FRONTIER COMMUNICATIONS OF FLO	2,355.96
AP	XXXXXXX	V020807	GENUINE AUTOMOTIVE	596.04
AP	XXXXXXX	V020807	GENUINE AUTOMOTIVE	55.00

Manatee County Port Authority Warrant (Check) Listing

03/14/2019 to 04/10/2019

AP	XXXXXXX	V020807	GENUINE AUTOMOTIVE	193.79
AP	XXXXXXX	V385107	GRAHAM WHITE SALES	166.78
AP	XXXXXXX	V022245	GUYS HAULING AND DUMPSTER SERV	60.00
AP	XXXXXXX	V011880	HAJOCA CORPORATION	455.53
WT	XXXXXXX	V020386	HANCOCK BANK	37,497.47
AP	XXXXXXX	V023500	HOME DEPOT CREDIT SERVICES	48.02
AP	XXXXXXX	V023500	HOME DEPOT CREDIT SERVICES	205.74
AP	XXXXXXX	V017862	ID WHOLESALER	449.85
AP	XXXXXXX	V896015	INTERISK CORPORATION	300.00
AP	XXXXXXX	P000094	ISIMINGER, GEORGE	384.44
AP	XXXXXXX	V000060	JH WILLIAMS OIL CO INC	664.47
AP	XXXXXXX	V000060	JH WILLIAMS OIL CO INC	1,409.77
AP	XXXXXXX	V000060	JH WILLIAMS OIL CO INC	800.52
AP	XXXXXXX	V015114	JOHNSTONE SUPPLY	7,507.56
AP	XXXXXXX	V015114	JOHNSTONE SUPPLY	90.65
ZP	XXXXXXX	L507891	KEETONS OFFICE SUPPLY CO INC	218.31
ZP	XXXXXXX	L507891	KEETONS OFFICE SUPPLY CO INC	61.04
AP	XXXXXXX	V009066	KOPPERS INC	12,135.75
AP	XXXXXXX	V562995	LEES PROFESSIONAL AUTOMOTIVE,	150.00
AP	XXXXXXX	V000423	LEWIS LONGMAN AND WALKER PA	13,403.33
AP	XXXXXXX	V000423	LEWIS LONGMAN AND WALKER PA	10,693.00
AP	XXXXXXX	V000423	LEWIS LONGMAN AND WALKER PA	5,000.00
AP	XXXXXXX	V013723	LOGISTEC USA INC	7,000.00
AP	XXXXXXX	V022184	LOUIS PRYOR SUPPLY INC	337.10
AP	XXXXXXX	V004489	LOWES HOME CENTER INC	494.94
AP	XXXXXXX	V004489	LOWES HOME CENTER INC	29.65
AP	XXXXXXX	V024291	MACKAY COMMUNICATIONS INC	127.25
AP	XXXXXXX	V625403	MAINTENANCE TOO PAPER CO INC	466.42
AP	XXXXXXX	V004140	MANATEE COUNTY PUBLIC WORKS DE	699.60
UT	XXXXXXX	V004140	MANATEE COUNTY PUBLIC WORKS DE	10,324.74
AP	XXXXXXX	V627108	MANATEE PRINTERS INC	7,339.00
AP	XXXXXXX	V000259	MANATEE SPORTS UNLIMITED	748.65
AP	XXXXXXX	V025109	MORRIS, EDMOND R	1,367.58
AP	XXXXXXX	V682112	NEAL, SHEILA	466.92
AP	XXXXXXX	V696537	NORTHSIDE AUTO PARTS	405.83
AP	XXXXXXX	V696537	NORTHSIDE AUTO PARTS	58.65
AP	XXXXXXX	V696537	NORTHSIDE AUTO PARTS	435.56
AP	XXXXXXX	V696537	NORTHSIDE AUTO PARTS	78.56
AP	XXXXXXX	V019470	OCALA TRACTOR LLC	19.91
AP	XXXXXXX	V701905	OFFICE DEPOT INC	205.55
AP	XXXXXXX	V701905	OFFICE DEPOT INC	458.74
AP	XXXXXXX	V701905	OFFICE DEPOT INC	316.12
AP	XXXXXXX	V701905	OFFICE DEPOT INC	174.97
AP	XXXXXXX	V020673	OREILLY AUTO PARTS	23.88
AP	XXXXXXX	V020352	PALMETTO ROTARY	1,000.00
AP	XXXXXXX	V736427	PITNEY BOWES CREDIT CORP	141.00

Manatee County Port Authority Warrant (Check) Listing

03/14/2019 to 04/10/2019

AP	XXXXXXX	V022437	PREFERRED GOVERNMENTAL INSURAN	8,588.25
AP	XXXXXXX	V746898	PRINTWORKS	139.49
AP	XXXXXXX	V021677	PROPELLER CLUB OF THE UNITED S	500.00
AP	XXXXXXX	V748180	PUBLIX SUPER MARKET	488.29
AP	XXXXXXX	V015881	QUALITY MARINE CONSTRUCTION IN	5,600.00
WT	XXXXXXX	V007824	REGIONS BANK	626,606.25
AP	XXXXXXX	P000289	SANFORD, DAVID	60.00
AP	XXXXXXX	V018549	SONITROL	352.00
AP	XXXXXXX	P000213	ST PIERRE, DAVID M	1,659.54
WT	XXXXXXX	V874841	STATE OF FLA DEPT OF REVENUE	6,620.03
AP	XXXXXXX	V014101	SYNERGY LIGHTING SUPPLY	70.00
AP	XXXXXXX	V004721	TWENTY FIRST CENTURY GROUP INC	5,000.00
AP	XXXXXXX	V006904	UNITED REFRIGERATION INC	47.10
AP	XXXXXXX	V009667	VERIZON WIRELESS	1,291.53
AP	XXXXXXX	V021915	WEBTIVITY MARKETING AND DESIGN	65.00
AP	XXXXXXX	V019987	WIMAUMA AUTO PARTS INC	223.66

Total warrants (checks) for period reported 935,885.17

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

PORT MANATEE INTERMODAL CENTER, THIRD FLOOR

1905 Intermodal Circle Palmetto, Florida March 21, 2019

Present were:

Vanessa Baugh, Chairman

Priscilla Whisenant Trace, First Vice-Chairman Betsy Benac, Third Vice-Chairman

Stephen R. Jonsson Misty Servia

Carol Whitmore

Absent was:

Reggie Bellamy, Second Vice-Chairman

Also present were:

Carlos Buqueras, Executive Director Jennifer R. Cowan, Port Authority Attorney

Susan Flowers, Finance Department, Clerk of the Circuit Court

Julie Jensvold, Finance Department, Finance, Clerk of the Circuit Court Robin Toth, Deputy Clerk, Clerk of the Circuit Court

Chairman Baugh called the meeting to order at 9:02 a.m.

INVOCATION AND PLEDGE OF ALLEGIANCE

The Invocation was delivered by Rich Lewman, Anchor House Chaplin, followed by the Pledge of Allegiance.

INTRODUCTIONS

Members of the audience introduced themselves.

PUBLIC COMMENT

There being no public comment, Chairman Baugh closed public comment.

AGENDA PA20190321DOC001

Carlos Buqueras, Executive Director, announced the Anchor House Annual Banquet is this evening at the Anchor House Seafarer’s Center.

1. PRESENTATION – CAPTAIN JERE WHITE

   Captain Jere White utilized a slide presentation to update the Authority on the Tampa Bay Harbor Safety and Security Committee (TBHSSC), and the Vessel Movement Committee (VMC). He spoke on the complexity of the ports of Tampa Bay, TBHSSC history, composition of the committee membership, TBHSSC standing committees, Guidelines and Board of Directors, VMC Committee guidelines, VMC representatives, VMC quarterly meetings and reports, current VMC projects, protocols for vessels of concern, large cruise ships and wide beam vessels, United States Coast Guard Safety and Security Zones, Skyway Bridge Alternative Passage, and safe navigation.

   
   

   
   

   PA MB 18-19/14

   MARCH 21, 2019 (Continued)

   
   

   Discussion ensued regarding maximizing and managing the movement of incoming ships into Tampa Bay, windows of time for vessel movement into the Bay, Port Manatee’s recent growth in the container business, the new Cosco Piraeus cargo ship at Port Tampa Bay and future wide beam vessels, capacity issues, maintaining commerce and freight movement, to what extent does weather affect large vessels/vessel movement in the Bay, and TBHSSC recommends solutions to Port Authorities on traffic issues and problems.

   
   

   Nick Devito, Ian Black Real Estate, questioned the amount of gross tonnage coming into the nine ports along the Gulf Coast of Florida.

   
   

   Terry Fluke, TBHSSC Chairman and Cargil tenant at Port Tampa Bay, expressed interest to hold the TBHSSC quarterly meetings at Port Manatee. PA20190321DOC002

   
   

   

2. PRESENTATION ON PINEY POINT – MIKE MIES

   Chairman Baugh stated this matter was placed on the Port Authority agenda because of the condition of the former Piney Point Phosphates site across the street from Port Manatee, and that any leakage from the site could seriously affect Port Manatee. A suggestion was made to hold a County Commission work session on this situation, because it is a County environmental issue.

   
   

   Michael Mies, Chief Executive Officer of Nclear, Inc., utilized a slide presentation to address a solution developed by Nclear, for the Piney Point site.

   
   

   Nclear is a producer of two, proprietary technologies to remove excess nutrients from wastewaters and other surface water bodies: (1) TPX – a patented synthetic mineral, to treat phosphorus, and (2) ElectrX – an electrochemical reactor technology that produces on-site hypochlorous acid, which oxidizes contaminates, including ammonia, and converts it directly to harmless, nitrogen gas. TPX is highly effective at the removal and recovery of phosphorus and recycle it as fertilizer. There is no negative bi-product of the ElectrX technology. The advantages of both technologies were explained.

   
   

   Mr. Mies addressed the required, long-term treatment of 600 million gallons of pond water on the Piney Point site, Pilot Evaluation Objectives, Pilot Evaluation Site Orientation and Pilot Evaluation Site Configuration.

   
   

   The Piney Point site contains three, principal ponds: (1) NGS-S (New Gyp Stack South) – the largest pond) contains 400 million gallons of water, (2) NGS-N (New Gyp Stack North) – contains 160 million gallons of water, and (3) Lined Process Water Sump (LPWS) – typically contains 30 million gallons of water and collects seepage.

   
   

   The primary focus of the Evaluation was on treating the two large ponds, NGS-S and NGS-N. A full report to Department of Environmental Protection (DEP) and Case Study was prepared.

   Pilot Evaluation Results show the results of the treatment, and the most cost-effective treatment is likely a combination of NGS-S and NGS-N, due to sodium chloride (NaCI) concentrations.

   
   

   Nclear is confident on the ability to treat the water to effective levels in order to be discharged into Tampa Bay. Three, primary alternatives for treating Piney Pont, per the Arcadis Report (2016) commissioned by DEP were also explained: (1) Enhanced spray evaporation to NHS-S pond – leaving solids to be excavated and disposed, (2) UIC Deep Well

   MARCH 21, 2019 (Continued)

   
   

   Injection – a pH adjustment filtration and disposal of pond water via Class I UIC Injection Well 3,500 feet below land surface, and (3) Lime (chemical) treatment – this is the worst solution because it produces considerably more solids, it releases 100 percent of treated ammonia to the atmosphere, and it does not allow for the recycling of phosphorus.

   
   

   Nclear believes the TPX and ElectrX technologies are the most environmentally-friendly solutions for Piney Point, allowing for the recycling of approximately 1.3 million pounds of phosphorus rather than land disposal, and allows for the conversion of ammonia to nitrogen gas, saving approximately 1.4 million pounds of ammonia from being released into the atmosphere and redeposited. Primary assumptions to treat NGS-S, or a blend of the NGS-S and NGS-N ponds were reviewed.

   
   

   The estimated cost of capital expenditures is $3.35 million, with annual operating costs of

   $920-990,000. Estimated, total project costs to treat the NGS-S and NGS-N ponds, ongoing treatment required for Lined Process Water Sump (LPWS) and continuing seepage (with same equipment) is estimated at $10.8 – 11.5 million. This is estimated to be an eight-year project to treat existing volume, plus daily loading.

   
   

   Nclear believes the solution is an economical and environmentally responsible solution to an increasingly urgent problem. Nclear welcomes the opportunity to contribute to eliminating the risk that the Piney Point site poses to Tampa Bay and the surrounding ecosystem.

   
   

   Lengthy discussion ensued that Nclear produced a draft report to the Department of Environmental Protection (DEP) for review and comment, DEP’s policy is to not take a position on one solution versus another but only indicate which solution is viable, an example of where Nclear technology was applied to a project of the same scale as Piney Point, Piney Point is unique due to its history and the influence of salt water, concern of the project during a weather event, the Pilot Evaluation was conducted through collaboration with DEP, HRK Holdings LLC and Nclear with direct costs funded by HRK (former Piney Point owner), this is not a County or Port Manatee financial problem, but a State and HRK problem, it is an environmental problem that would affect the safety of Manatee County, whether there has been any discussion with Mosaic on opportunities to recycle the phosphorus, Mosaic is very interested, because it is an issue for the industry, the solution meets the standards communicated by DEP as part of the administrative agreement for Piney Point which is the

   0.02 mg/L of un-ionized ammonia, limiting nitrogen loading to the aquatic preserve, timing to put the project together, Piney Point has been a problem since the early 2000s, past solution efforts, look at legislative priorities and move forward to find a solution to Piney Point, partnerships are being looked at, a company is building on the HRK site that is going to produce a chemical that may need to be discharged and a solution is going to be needed, Nclear’s solution is possibly a solution that HRK could work with in the future, Nclear’s primary assumption on the treatment volume of 250K gallons/day, does Nclear’s solution meet County standards of nitogren loading in Tampa Bay of 1mg/L, Pilot Evaluation Objectives to meet discharge limits during a seven-day compliance period, reduce total phosphorus using TPX to below 10 mg/L and reduce ammonium to below 2mg/L, Nclear is committed to below 1mg/L, and the treated water will be discharged into Tampa Bay.

   
   

   Steve Odom, Founder/Co-Inventor of the technology, stated that an engineering firm has engineered the main components of the solution to be secured, and some electronics would be temporarily removed in the event of a storm. The goal of Nclear is to get the nitrogen loading down to 0.02 mg/L or below. Nitrates and any organic matter containing nitrogen will be oxidized and eliminated.

   MARCH 21, 2019 (Continued)

   
   

   Further discussion occurred regarding convincing HRK and DEP to do this project, Manatee County cannot approve or deny anything, it is an issue as far as public safety, and this is a problem that DEP and HRK must resolve.

   
   

   Jocelyn Hong, Principal with Twenty-First Century Group, asked how Nclear achieves the volumes of water, its relation to the issue of red tide, how this technology would work in the open ocean, and if a waiting period is involved for the solids to form.

   
   

   Rob Brown, Manatee County Environmental Protection Division Manager, explained the challenges of nitrogen management. There is a State reasonable assurance plan where all the stakeholders (Tampa Bay Nitrogen Management Consortium) were voluntarily doing reductions until EPA required the reductions to be memorialized in permits. All of the stakeholders have now been allocated their loads, based on historical discharges. This project would be a new discharge source, with the challenge of new discharges, most commonly to look at augmenting with other projects in the watershed to augment for those loads. He also questioned if Nclear has had discussions with DEP related to the challenge with the reasonable assurance, the allocations that currently exist, and on the new sources to be discharged into Tampa Bay. Mr. Brown questioned how Nclear will remove other solids and contaminates from the water.

   (Depart Chairman Baugh; First Vice-Chairman Trace presiding)

   
   

   Mr. Odom responded to comments and questions from Mr. Brown.

   
   

   There being no further comment, First Vice-Chairman Trace closed public comment.

   PA20190321DOC003

   (Depart Members Benac and Servia)

3. PROCEDURES FOR MEETINGS AND ROLES AND DUTIES OF OFFICERS

   Carlos Buqueras, Executive Director, presented Procedures for the Manatee County Port Authority Meetings and Role and Duties of Officers.

   
   

   (Enter Chairman Baugh; presiding)

   Discussion ensued regarding the prior version of procedures from June 2011.

   
   

   (Depart Member Jonsson)

   Jennifer Cowan, Port Attorney, explained that the prior version of procedures (adopted 6/16/11) were in draft form without any changes or deletion of red-line comments. The new Port Authority Procedures are in line with the County’s procedures, incorporating changes in the law, protocols of the Port, and the two-hour rule for staff research has been removed.

   
   

   The prior version of procedures contained procedures on a two-hour rule for staff research time, and the Authority’s interaction with the Port Attorney.

   
   

   RECESS/RECONVENE. 11:09 a.m. – 11:16 a.m. All Members were present except Member Bellamy.

   
   

   Ms. Cowan continued to explain that the two-hour rule for staff research time and a limitation on Authority interaction with the Port Attorney have been removed from the new Procedures, because they are not in the County’s procedures, and because communication from Authority Members goes through the Executive Director to distribute to staff. Both items can be added back into the Procedures at the discretion of the Authority.

   MARCH 21, 2019 (Continued)

   
   

   Mr. Buqueras commented on the two-hour rule.

   Chairman Baugh affirmed that communication from the Authority should go through the Executive Director.

   
   

   A motion was made by Member Trace, to accept (adopt) Procedures for the Manatee County Port Authority Meetings and Roles and Duties of Officers, with the change that all Members should go through the Port Authority Director. The motion was seconded by Member Benac.

   
   

   There being no public comment, Chairman Baugh closed public comment.

   
   

   The motion carried 6-0, with Member Bellamy absent. PA20190321DOC004

   
   

4. CONSENT AGENDA PA20190321DOC005

   A motion was made by Member Trace, seconded by Member Jonsson, and carried 6-0, with Member Bellamy absent, to approve the Consent Agenda, incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda.

   
   

   1. WARRANT LIST

      Accepted the Warrant Listing, from February 19, 2019, to March 13, 2019

      PA20190321DOC006

   2. MINUTES

Approved the minutes of February 26, 2019 (End Consent Agenda)

(It was noted that Supplemental Agenda Item 1 was added after the agenda was distributed.)

1. MANATEE COUNTY PORT AUTHORITY 2019 LEGISLATIVE PRIORITIES – REVISED

   Dave Sanford, Deputy Executive Director, stated the Authority recently approved the Manatee County Port Authority 2019 Legislative Priorities (1/16/19). Staff requests the Priorities be modified to reflect revisions to Federal priorities Bullets 2 and the addition of a new Bullet 4 on Page 2.

   
   

   Bullet 2 remains unchanged, but with the inclusion of Operation and Maintenance funding in the Energy and Water Development Appropriations bill and subsequent Administration Work Plan for the continuation of improvements to the Port Manatee Dredge Material Disposal Facility for Fiscal Years 2020 and 2021, in the amount of $3.378 million, which includes

   $378,000 for mitigation at the Washington Park site for the dredge material.

   
   

   Bullet 4 (new) is for the reimbursement of the Federal share of costs incurred by the Port in the construction of the South Channel adjacent to Berths 12 and 14, to be included in the Corps FY 2020 work plan. Reimbursement of costs for construction activities performed, not including the cost of disposal of dredged material (to be determined in future), is estimated at $5 million.

   
   

   A motion was made by Member Jonsson, seconded by Member Servia and carried 6-0, with Member Bellamy absent, to approve those two items to be added to the Port Authority 2019 Legislative Priorities List.

   
   

   Jocelyn Hong, Principal of Twenty-First Century Group, spoke of recent legislative

   MARCH 21, 2019 (Continued)

   
   

   activities in Washington, D.C., delays in the legislative appropriations cycle, and the importance of having a physical presence in Washington, D.C.

   
   

   Discussion occurred regarding the $140 million the Federal government owes the State of Florida for Port Tampa Bay, Port Canaveral for the Port Channel, Manatee County is lobbying for an additional $5 million (Bullet 4), the Harbor Maintenance Tax is critical, because it determines how much money is allocated to the Corps for annual dredging, Port Manatee needs to make sure there is full use of that tax paid by shippers to make sure the Port gets its fair share, Harbor Maintenance Trust Fund, and there is movement in the Senate to move this money into a different pot so as not to be used again to offset the budget.

   PA20190321DOC007

   
   

   

   EXECUTIVE DIRECTOR COMMENTS

   Carlos Buqueras, Executive Director, used a slide presentation to comment on the following:

   • Port Manatee received its first shipment (2/6/19) for its newest tenant, Carver Maritime Manatee LLC, importing nearly 50,000 tons of raw material for cement manufacturing from Europe

   • Port Authority Chairman Baugh and Deputy Executive Director Dave Sanford met with Representative Will Robinson (2/1/19) to discuss the Port’s needs to further expand business operations

   • Port Manatee participated in the annual Planning for Shifting Trade Conference (1/30- 31/19)

   • Port Manatee handled the export shipment of eight oversized and heavy gensets (2/9/19). These units were manufactured in Mulberry, Florida, trucked to Port Manatee and then shipped to the Dominican Republic

   • Trace Hub partner Alba Distribution, Inc., received its first shipment of wine and pasta from Italy for local distribution (3/13/19). Sergio Francone, Alba Distribution, Inc., was introduced

   • Port Manatee is featured on the cover of the American Journal of Transportation, (2/25- 3/10/19)

   • The 2019 Port Manatee Business Directory was distributed PA20190321DOC008

DEPUTY DIRECTOR OF BUSINESS ADMINISTRATION AND FINANCE

Mr. Buqueras introduced Abby Lindecamp, Deputy Director of Business Administration and Finance. Ms. Lindecamp comes to Port Manatee from Manatee County’s Financial Management Department and the Clerk of the Circuit Court.

PUBLIC COMMENTS

There being no public comment, Chairman Baugh closed public comment.

ADJOURN

There being no further business, Chairman Baugh adjourned the meeting at 11:48 a.m. Minutes Approved:

April 18, 2019

CONSENT

AGENDA ITEM 3.C: BUDGET RESOLUTION BACKGROUND:

This resolution budgets a total of $92,500 for the engineering, railroad and maintenance budgets for the demolition and removal of a dilapidated building and discarded water tank, unanticipated railroad track repairs and roof repairs.

ATTACHMENT:

Budget Resolution PA-19-13.

COST AND FUNDING SOURCE:

Port cash of $92,500

CONSEQUENCES IF DEFERRED:

Delay in budget allocations

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to adopt Budget Resolution PA-19-13.

RESOLUTION PA-19-13 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2018-2019

WHEREAS, Florida Statutes 129.06, authorizes the Manatee County Port Authority to amend its budget for the current fiscal year as follows:

1. Appropriations for expenditures in any fund may be decreased and other appropriations in the same fund correspondingly increased, provided the total appropriations of the fund are not changed.

   
   

2. Appropriations from reserves may be made to increase the appropriation for any particular expense in the same fund, or to create an appropriation in the fund for any lawful purpose.

   
   

3. Unanticipated revenues, including increased receipts for enterprise or propriety funds, may be appropriated for their intended purpose, and may be transferred between funds to properly account for the unanticipated revenue.

NOW, THEREFORE, BE IT RESOLVED by the Manatee County Port Authority that the 2018-2019 budget is hereby amended in accordance with Section 129.06, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:

Item No.	Batch ID No.	Reference No.
1	BAAL041819A	BU19000293

ADOPTED with a quorum present and voting this the 18th day of April, 2019.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT

By:

BUDGET ADMENDMENT RESOLUTION NO. PA-19-13 AGENDA DATE: April 18, 2019

1. Fund: Port Cash Section: Engineering

   Railroad Maintenance

   
   

   Description: The engineering budget is increased $26,500 for the demolition and removal of a dilapidated building and discarded water tank. The railroad budget is increased $36,000 for unanticipated railroad track repairs. The maintenance budget is increased $30,000 for roof repairs.

   
   

   Batch ID: BAAL041819A Reference: BU19000293

   April 18, 2019

   
   

   AGENDA ITEM 4.: RAILROAD UPGRADE AND REPLACEMENT CONTRACT AWARD

   
   

   BACKGROUND:

   
   

   On February 26, 2019, the Authority authorized the execution of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation for railroad track improvements. Phase I will include over 3,000 feet of track improvements. An invitation to bid was published on April 1, 2019, and the bid opening was held on April 12, 2019. The lowest, responsive bidder was American Track with a base bid of $75,852.00. An additional $15,046.00 is requested for approval in the event of unforeseen defective cross ties.

   
   

   ATTACHMENT:

   
   

   Contract for Phase I-Track Rehab Project

   
   

   COST AND FUNDING SOURCE:

   
   

   $45,449 each is to be paid by FDOT and Port

   
   

   CONSEQUENCES IF DEFERRED:

   
   

   Delay in project commencement

   
   

   LEGAL COUNSEL REVIEW: Yes

   
   

   RECOMMENDATION:

   
   

   Move to approve and authorize the Chairman to execute the contract between the Manatee County Port Authority and American Track in the amount of $75,852.00 with a contingency amount of $15,046.00 if approved by the Executive Director, subject to the review and approval of FDOT.

   
   

   01122644-1

   
   

   CONTRACT FOR PHASE I- TRACK REHAB PROJECT

   
   

   THIS CONTRACT is dated as of

   day of

   in the year

   by

   

   

   

   

   

   

   

   --

   and between Manatee County Port Authority, whose address is 300 Tampa Bay Way, Suite I, Palmetto, FL 3422 I ("Authority") and A tr\ e o"CC,,V) l rc....c.,Jc..... , whose address is Pc Bo )( GU , , Ml.41 h<rdi Fe 13 60 and is authorized to do business in the State of Florida

   ("Contractol), (colle ively, the "Parties").

   
   

   In consideration of the promises and mutual covenants contained in this Contract, the Parties hereby agree as follows:

   
   

   1. Scope of Work: Contractor shall complete all Work described in the attached Scope of Work, at Exhibit A including providing all necessary labor, equipment and materials.

      
      

      The Work will be completed within JO calendar days after both Contractor and Authority sign the Contract and Authority issues notice to proceed to Contractor if Authority issues notice to proceed within 45 days after Contractor execution of the contract. Time is of the essence.

      
      

   2. Payment Terms:

      Authority shall pay Contractor the following amounts for the Work:

      

      

      1. For all Base Bid Work, a lump sum of: $ ry 5" , 0

         Contractor shall submit applications for payment no more frequently than monthly broken down into a schedule of values approved by Authority using the attached form at Exhibit B. Authority shall make progress payments based on Contractor's applications for payment measured by the schedule of values subject to agreement on the level of completion of the Work. Prior to completion of the Work, 10% retainage will be withheld from progress payments. Upon final completion, acceptance of the work and receipt of the Contractor's Affidavit, Authority shall pay in full without retainage. All amounts not paid when due will bear interest at the rate of zero (0) percent per annum. Contractor's acceptance of final payment from Authority shall constitute a full waiver and release by Contractor of all claims against Authority arising out of or relating to the project.

         
         

         In the event that a change in the scope of the Work becomes necessary due to discovery of site conditions unknown prior to bidding, the parties shall negotiate in good faith to make the necessary change. If the change in scope changes the cost of the Work, the parties are entitled to a commensurate change in fee.

         
         

   3. Contractor's Repr-escntations: C:ontractor represents that Contractor is satisfied with the available information and is capable of performing satisfactorily in accordance with the Contract.

      
      

      0111(,620-1

      
      

      Contractor represented that it understands and accepts that this Project is funded in pm1 from the proceeds of a grant(s) from the Florida Department of Transportation (Contract Number 01548). This grant funding is conditioned in part on the Contractor meeting the following requirements:

      1. DBE Policy: The contractor and subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the perfommnce of this Contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the tennination of this Contract or such remedy as the Authority deems appropriate. Contractor agrees to ensure that Disadvantaged Business Enterprises (DBEs) have the opportunity to participate in the performance of this Contract. In this regard, Contractor will take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete for and perfonn contracts.

      2. Contractor shall utilize the U.S. Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of this Contract, and shall expressly require any subcontractor performing Work or providing services pursuant to this Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term.

      3. Contractor understands that the grant funding is dependent on completion of Work within the specified contract time and the Contractor agrees to complete the Work within that time.

      4. The Contactor represents that it does not employ unauthorized aliens. The Authority will consider the employment by the Contractor of unauthorized aliens a violation of Section 274A of the Immigration and Nationality Act and such violation will be cause for unilateral cancelation of this Contract.

         
         

   4. Insurance and Bonding.

      
      

      1. Insurance. Contractor shall obtain insurance coverage meeting the requirements of Port Manatee Tariff Item 250, Insurance, available online at http://www.por tmanatee.com/Por tals/ O/busin ess/Tariff/Tariff.pdf. If the link has changed, there should remain access via the homepage at po11manatee.com. Contractor must provide the Port Authority with ce11ificates of insurance demonstrating compliance with Tariff Item 250, Insurance.

         In addition to the above, the Commercial General Liability insurance must provide continuous coverage for all work or operations performed under the Contract. Such insurance must be no more -restr ic tive -than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Fom1 CG 00 0 I) as filed for use in the State of Florida. The Contractor or any subcontractors shall name the Florida Department of Transportation (the "Depai1ment") as an Additional Insured as to such insurance. Such coverage shall be on an "occmTence" basis and shall include Products/Completed Operations coverage. The coverage

         
         

         afforded to the Department and the Authority as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described in this section must apply fully to the work or operations perfom1ed under the Contract, and may not be shared with or diminished by claims unrelated to the Contract. The policy/ies and coverage described in this section may be subject to a deductible and such deductibles will be paid by the Contractor. No policy/ies or coverage described in this section may contain or be subject to a Retention or a Self-Insured Retention. Prior to the execution of the Contract, and at all renewal periods which occur prior to final acceptance of the work, the Department and the Authority must be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described in this Section. The Department and the Authority, must be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described in this Section, which will be provided to the Department. The Department's or Authority's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates will not relieve or excuse any obligation to procure and maintain the insurance required in this Section, nor serve as a waiver of any rights or defenses the Deprutment or Authority may hav e.

         In addition to the insurance coverage required above, the Contractor must procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the Authority is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or prope1ty damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The Authority shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to this section. Prior to the execution of the Contract, and at all renewal periods which occur prior to final acceptance of the work, the Authority and the Department must be provided with an ACORD Ce1tificate of Liability Insurance reflecting the coverage described in this Section. The insurance described in this section must be maintained through final acceptance of the work. The Department and the Authority must be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described in this Section. The Department's or Authority's approval or failure to disapprove any policy/ies, coverage, or ACORD Ce1tificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department or Authority may have.

      2. Bonding. Contractor will submit a payment and -performance bond for the total contract amount in accordance with in Section 255.05, Florida Statutes in the form of a cash deposit or annual bond executed by a surety company recognized and authorized to do business in the State of Florida. The surety company shall have an

         A.M. Best Rating of A or better and A. M. Best Financial Size Category of Class VII or greater.

         
         

   5. Contractor's Compliance with the Law. Contrnctor shall submit Certificate of Compliance with the Florida Trench Safety Act using the provided form at Exhibit D if applicable. At all times, Contractor shall comply with all applicable environmental laws and regulations.

      
      

      1. Hazardous Conditions. Contractor shall be responsible for contaminants brought to the site by Contractor or anyone else for whom Contractor is responsib le , and for any costs of removing and remediating any hazardous environmental condition created by the presence of the contaminants. If Contractor discovers a hazardous environmental condit ion, or if Contractor or anyone for whom Contractor is responsible creates a ~ hazardous environmental condition, then Contractor shall immediately secure the condition, stop all Work in connection with the condition and notify Authority. Authority may take necessary action if Contractor is not responsible or if Contractor is responsible and Authority is not satisfied ,vith Contractor's action and specify any special conditions under which the Work may be resumed. Contractor shall not resume Work until after the necessary response has been completed and Authority has authorized Contractor to resume the work. If Contractor is responsible for the hazardous environmental condition in question, then Authority may impose a set-off against payments to account for the associated costs to Authority.

         
         

      2. To the fullest extent permitted by the law, Contractor shall indemnify and hold harmless Authority and its officers, direct ors, members, partners, employees, agents, consu ltants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a contaminant brought to the site by Contractor or by anyone for whom Contractor is responsible, or to a hazardous environmental condition created by Contractor or by anyone for whom Contractor is responsible, or to the performance of the Work to the extent caused by any negligent act or omission of Contrnctor or anyone for whose acts Contractor may be liable. This indemnification shall not be limited by any limitation under workers' compensation acts, disability benefit acts, or other employee benefit acts. This indemnification shall survive expiration or termination of this contract.

         
         

   6. Indemnification. To the fullest extent permitted by the la w, Contrnctor shall indemnify

      and hold harmle ss th-e Authority ana ifs officer di1=ec t01·s, me1n bers, partners, employees,

      agents, consultants , and subcontractors of each and any of them and the State of Florid a, Department of Transpor ta tion, including the Department's officers and employees, from liabilities damages, losses and costs including, but not limited to reasonable attorney's fees, to the extent caused by the negli gence , recklessness or intentional wrongful misconduct of the

      
      

      Contractor and persons employed or utilized by the Contractor in the performance of this Contract.

      
      

      This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida or the Authority ' s sovereign immun ity.

      In any and all claims against the Agency or any of their officers, directors, members , partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of the Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the scope, or anyone for whose acts any of them may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts

      
      

      In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations for Contractor's promises are:

      1. Ten dollars ($10.00) and other valuable consideration, in hand paid by Authority , Engineer, and Engineer's employees to Contractor, receipt whereof is hereby acknowledged and the adequacy of which Contractor accepts as completely fulfilling the obligations of Authority, Engineer, and Engineer's employees under the requirements of Section 725.06, Florida Statutes, and;

      2. The entry of Authority and Contractor into this contract because, but for Contractor's promises as contain ed in this Contract, Authority would not have entered into the construction contract with Contractor.

      
      

   7. Subcontractors. Contractor will require that any subcontractors comply with all terms and conditions of this Contract and all federal, state and local laws and regulations applicable to this project. In addition, Contractor agrees to include the following provisions in all of its contracts with its subcontractors who perform work in connection with this Contract:

      
      

      "To the fullest extent permitted by the law, Subcontractor shall indemnify and hold harmless the Authority and its officers , directors, members, partners, employees, agents, consultants , and subcontractors of each and any of them and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities damages, losses and costs including, but not limited to reasonable attorney's fees, to the extent caused- by the negli gence, recl<lessness or intent ional wrongful misconduct of the Subcontractor and persons employed or utilized by the Subcontractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida or the Authority's sovereign immunity."

      
      

      "The Subcontractor will not discriminate on the bases of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Contract."

      
      

      "Subcontractor understands and will comply with Section 20.055(5) of the Florida Statutes and thereby agrees to cooperate with the inspector general in any investigation, audi t, inspection, review, or hearing pursuant to that section."

      
      

   8. Contact Documents. The Contract Documents consist of the following and are incorporated and made part of this Contract by reference:

      I . This Contract.

      1. Exhibit A: Scope of Work.

      2. Exhibit B: Application for Payment Fom1.

      3. Exhibit C: Contractor ' s Affidavit Form.

      4. Exhibit D: Certificate of Compliance with the Florida Trench Safety Act.

      5. Exhibit E: Quote Form Executed.

      6. Quote Documents , which include the Contractor' s Quote. Any provisions in the quote submittal other than the information specifically requested are not part of this Contract and shall be omitted or stricken.

      7. Instructions for Submitting Quotes.

      8. Proof of Insurance.

      9. Bond(s).

      I I . Drawings.

      1. Addenda (numbers -1 to 3 ,

         inclusiv e).

      2. Subcontractor list.

      3. Documentation of changes mutually agreed upon after Contract execution.

      
      

      There are no Contract Documents other than those listed above.

      
      

      1. Termination. Upon 24 hours written notice (may be delivered by electronic mail), the Authority may terminate this Contract without cause. In such case, the Contractor would be paid for completed accepted work and expenses for materials and equipment sustained prior to the notice of terminat ion. Contractor will not be paid for loss oLantici pated overhead , profits, or revenue or other economic loss arising out of such termination.

         
         

      2. Sovereign Immunity. The Authority expressly retains all rights , benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statues. Notwithstanding anything set forth in any sectio n, article or paragraph of this Contract to the contrary, which may

         
         

         have been adopted by the Florida Legislature or may be adopted by the Florida Legislature, and the cap on the amount and liability of the Authority for damages, attorney fees and costs, regardless of the number or nature of claims in tort, equity or contract, shall not exceed the dollar amount set by the Florida Legislature for tort. Nothing in this Contract shall inure to the benefit of any third party for the purpose of allowing any claim against the Authority which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law.

         
         

      3. Public Records. All comments, papers, letters, maps, books , photographs, films, sound recordings, data processing software, or other materia l, regardless of the physical form, characteristic, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by the Authority are public records of the Authority in accordance with the Florida Constitution and Florida Statutes . Every person has the right to exam ine , inspect and/or copy any such public records not specifically made exempt therefrom by provisions of the Florida Statutes. Any financial or proprietary information relating to the Contractor transmitted to the Authority may be a public record subject to disclosure to a requesting third person.

         
         

         The Contractor agrees to comply with the Florida Public Records Act, as applicable, including, but not limited to Section 119.0701 of the Florida Statutes. Documents which are considered public records herein under Florida law include, but are not limited to: records related to the entry, management and implementation of the Contract itself; emails/correspondence between the Authority and the Contractor related to the Contract; emails or correspondence from all other entities related to the Contract (i.e., subcontractors, suppliers, vendors, etc.); billing and related documents; plans or other documents that may be necessary, reports, etc.; subcontracts; and all vendor invoices . The Contractor agrees, to the extent required by la w, to:

         1. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in performing the services of the Contract;

            1. Provide the public with access to the public records under the same tenns and conditions that the Authority w_ould provide the records and at a cost that does not exceed the cost provided for by law;

            2. Ensure that the public records that are exempt or confidential, and exempt from public record disclosure requirements, are not disclosed, except as authorized by law; and

            3. Meet all requirements where retained public records and transfer, at no cost, to the Authority, all public records in possession of the Contractor, upon termination or completion of the Contract and destroy any duplicate public records that are exempt or confidentia l, or exempt from public record disclosure requirements.

            Furthermore,Jhe Contractor agrees that all records stored electronically shall be provided_to the Authority in a format that is compatible with the information technology systems of the Authority. The Contractor shall promptly provide the Authority with a copy of any request to inspect or copy public records that Contractor receives and a copy of the Contractor's response to each request. The Contractor understands and agrees that failure to provide access to the public records shall be a material breach of the Contract and grounds for termination.

            
            

            IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE AUTHORITY AT (941) 722-6621, TDAUGHERTY@PORTMANATEE.COM, 200 TAMPA BAY WAY, PALMETTO, FL 34221.

            THE CONTRACTOR ACKNOWLEDGES THAT THE AUTHORITY CANNOT AND WILL NOT PROVIDE LEGAL OR BUSINESS ADVICE TO THE CONTRACTOR WITH RESPECT TO ITS OBLIGATIONS PURSUANT TO THIS SECTION RELATED TO PUBLIC RECORDS. THE CONTRACTOR ACKNOWLEDGES THAT IT WILL NOT RELY ON THE AUTHORITY OR ITS ATTORNEY TO PROVIDE SUCH BUSINESS OR LEGAL ADVICE AND THAT CONTRACTOR HAS BEEN ADVISED TO SEEK PROFESSIONAL ADVICE WITH REGARD TO PUBLIC RECORDS MATTERS ADDRESSED BY THIS CONTRACT.

            
            

      4. Independent Contractor. This Contract does not create an employee/employer relationship between the Parties. It is the Parties' intention that the Contractor, its employees, sub-contractors , representatives, volunteers, and the like, will be an independent contractor and not an employee of the Authority for all purposes, including, but not limited to, the application of the following, as amended: the Fair Labor Standards Act minimum wage and overtime payments, the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State of Florida revenue and taxation laws, the State of Florida workers' compensation laws, the State of Florida unemployment insurance laws, and the Florida Retirement System benefits. The Contractor will retain sole and absolute discretion in the judgment on the manner and means of carrying out the Contractor's activities and responsibilities under this Contract.

         
         

      5. Miscellaneous Terms.

      1. Governing Law and Venue. This Contract is governed by the laws of the State of Florida. Venue for the purposes of any suit, action, or other preceding arising out of, or relating to, this Contract will be solely within the Twelfth Judicial Circuit, in and for Manatee County, Florida for state actions and solely in the United States District Court of the Middle District of Flmida, Tampa Division for federal actions. In the event of any dispute that occurs between the Parties, which results in litigation and a subsequent award or decree against either party it is agreed that entitlement to post judgment interest to either party and their attorney will be fixed by the proper court at a rate of 5% per annum simple interest. Under no circumstances will either paity be entitled to pre judgment interest and the parties expressly acknowledge to the extent allowed by law they hereby opt out of any provision of federal or state statutes not in agreement with this.

      2. Validity. Severability and Reformation. The validity, interpretation, construction, and effect of this Contract will be in accordance with and be governed by the laws of the

         
         

         State of Florida. Any provision or part of this Contract held to be void or unenforceable under any law will be deemed stricken, and all remaining provisions will continue to be valid and binding upon the Parties. The Parties agree that this Contract shall be reformed to replace such stricken provision or parl thereof with a valid and enforceable provision which comes as close as possible to expressing the original intention of the stricken provision.

      3. Inspection. Contractor understands and will comply with Section 20.055(5) of the Florida Statutes and thereby agrees to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to that section.

      4. Assignment and Construction of Contract. Any assignment of this Contract, without the Authority's written consent, is void. The Contractor shall require all subcontractors adhere to the appropriate provisions of this Contract and the utilization of any such subcontractor by the Contractor will not relieve the Contractor from any liability or responsibility to the Authority pursuant to the provisions of this Contract. The Pa11ies agree that in any event of litigation concerning the construction of this Contract or interpretation of any language used in this Contract, that this Contract and any of its provisions will not be construed against the Authority by virtue of this Contract having been drafted by the Authority .

      5. Entire Agreement/Interpretation. This Contract embodies the entire agreement of the Parties. There are no promises, terms, conditions or allegations other than those contained in this Contract, and this document will supersede all previous communications, representations, and/or agreements whether within or verbal between the Parties. Paragraph headings are inserted for convenience only and do not constitute counterparts to the general conditions.

      6. Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of the Contract will neither be deemed a waiver of such, nor will any waiver or relinquishment of such right or power al any time be taken to be a waiver of any other breach. Any waiver, alteration or modification of any of the provisions of the Contract, or cancellation or replacement of this Contract, will not be valid unless in writing and signed by the Parties.

      7. Notices. Unless otherwise provided in this Contract, any notice or communication which the Parties may desire to give will be deemed sufficiently rendered or given if the notice is in writing and sent by personal delivery, or via ce11ified mail, return receipt requested, addressed to the addresses stated above. The time of rendition of such notice or communication will be deemed to be the time when the same is mailed, left or delivered as provided in this Contrnct. Either party may provide a change of address notice, with said change of address notice effective upon receipt.

      8. Survival. All representations, indemnifications, warranties and guarantees made in or required by or given in accordance with this Contract, as well as continuing applications indicated in the Contract, will survive final payment completion, acceptance of work or termination or completion of Contract or termination of the services by lhe contractor.

      
      

      
      

      IN WITNESS WHEREOF , Authority and Contractor have signed this Contract.

      This Contract will be effective on _ _ _ _ _ _ _ _ _ , 2019 (the "Effective Date") .

      
      

      MANATEE COUNTY PORT AUTHORITY

      
      

      By : ­

      Vanessa Baugh, Chair

      
      

      ATTEST: ANGELINA "ANGEL" COLONESSO

      Clerk of the Circuit Court

      
      

      By: _

      WITNESSES: CONTRACTOR

      
      

      
      

      

      By:

      
      

      

      

      Title: m (!:5_

      
      

      
      

      (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

      License No.: (where applicable)

      
      

      CONTRACTOR

      
      

      BY:c/44-

      FOR: A '\Jfsi '" 1a.,(!,,k

      
      

      Sworn. to and acknowledged before me this {cQ. day of JprJ ,20 fl,by Qh,Qt ;;J1l

      

      • of Antn.ral\. I rae k ' a Florida corporation, on behalf of toe corporation. He/she( is personally

        known to me or has produced a Florida driver's license as identification. - _,/

        
        

        

        

        

        t ,Notary Public, Commission No.e535

        
        

        -------------- Name of Notary type, printed or stamped

        
        

        011166 20-1

        
        

        Exhibit A - "SCOPE OF WORK"

        Phase I- Track Rehab Project

        
        

        The Manatee County Port Authority (the " Author ity") is inviting qualified Contractors interested in bidding on the construction and rehabilitation of approximately 3,054 feet of rail trackage. Federal Railroad Administration requires a CSX flagman to provide roadway worker protection for any operations adjacent to the CSX Mainline . All project costs for subcontracted labor inclusions required in correlation to this project should be included in the total project cost.

        
        

        Item # I - Start South of the Scrap Yard Sw itch, around Piney Point curve down to the Piney Point RR crossing- approximately 1, 883' feet of track . Replacement and installation of 252 each - 6" x 8" x 8'- 6" Rai Iroad grade crossties . Project replacement of specified defective and/or out of gauge crossties .

        
        

        Item # 2 - Start at Piney Point crossing going West to Reeder Road crossing- approximately I,171' feet of track. Replacement and installation of 195 each - 6" x 8" x 8' - 6" Railroad grade crossties. Project replacement of specified defective and/or out of gauge crossties .

        
        

        Item# 3 - Removal and replacement of 300 each defective bolts.

        
        

        Item # 4 - Surface track area with a 2" pull. Line and cross level areas. Approximately 3,054' of rail trackage .

        
        

        Item # 5 - Remove and Dispose of all old crosst ies , bolts and debris from site.

        
        

        All Work is deemed complete only upon satisfaction of the Authority. Contractor shall provide all of the necessary labor, equipment and materials to perform the work according to industry standards and regulatory requirements. Contractor shall report any conflicts as soon as discovered.

        Contractor shall work around the shipping / rail activity and must coordinate project operations with Buddy Neal , Port Manatee Railroad Yard Master- Phone# 941-650-315 7. Working outside ordinary business hours is subject to prior Port approval. Contractor shall identify and abide by all applicable laws, regulations and codes. Contractor shall implement all necessary environmental protection measures. Contractor shall clean up and remove from the Port any and all unused material, repair any damage caused , and restore all impacted ground and infrastructure beyond the work limits to its pre-construction state and fonction. Contractor is responsible for ensuring the safety of workers and others.

        Contractor shall comply with Port Security requirements. Everyone who needs to work on Authority property must have a TWfC card or be escorted by someone with a TWIC card. TWIC escorts will not be provided by the Authority , except for any pre-bid meetings. A TWIC card holder may escort up to four other non-TWIC card holders. The others must be badged every day. The TWIC card holder must be present every day when the others are badged. The group must stay together. The TWIC card holder may not leave the Authority without the group the TWIC card holder escorted onto Authority property.

        
        

        0111 6 6 20 -1 I 1

        
        

        
        

        Exhibit A-1- Schematic Railroad Ma· mline - Phase I - Proicct Parameters

        
        

        

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        tH

        = ALL TRACKAGE IN

        SEAPORT DEVELOPMENT (76) GRANT

        
        

        EXHIBIT_ A_

        
        

        1TB # 032219 · Phase I -Track Rehab Project

        
        

        0111 6620-1 12

        Exhibit B - Application for Payment

        
        

        

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      TOTAL PAYII.EIIT AP P ROVED:

      
      

      REY. iv.Y 201 t

      Exhibit C - CONTRACTOR'S AFFIDAVIT

      
      

      STATE OF FLORIDA MANATEE COUNTY

      
      

      Before me, the undersigned authority, personally appeared _

      ----------------- who, being duly sworn, deposes and says of his or her personal knowledge that:

      
      

      l. He or She is the of , which does business in the State of Florida, hereinafter referred to as the Contractor.

      1. Contractor, pursuant to contract with the Manatee County Port Authority, hereinafter referred to as "Authority", has furnished or caused to be furnished labor, materials, and services for the construction of certain improvements to real property located in Manatee County, Florida as more particularly set forth in said contract.

      2. Said improvements have been fully completed and the Contract For Phase I - Track Rehab Project ("Construction Contract") entirely performed to the final stage of pay out as prescribed in the Construction Contract between Contractor and Authority, and that all lienors as defined by Chapter 713, Florida Statutes, have been paid all sums due them up to the date of this Affidavit except the following ones who are due the respective amounts set opposite their respective names:

         Name Amount

         
         

         
         

         

         
         

         
         

         

         
         

      3. There is now due Contractor a Final Payment for the payout stage mentioned above under the Construction Contract in the amount of$ , leaving the amount of

         $ to be paid upon completion of all punch list items; that Contractor has in no way assigned, pledged, or hypothecated the Construction Contract or any amount due or to become due thereunder; that payment to Contractor of said sum shall constitute a full release by Contractor of any and all claims arising out of the Construction Contract.

         
         

      4. Contractor has not entered into any agreement by which any security interest under the Uniform Commercial Code has attached to the above described property.

         
         

      5. Affiant is an officer of the Contractor having personal knowledge of the foregoing facts and duly authorized to execute this Affidavit.

         
         

      6. This Affidavit is made for the purpose of inducing Authority to pay and disburse the Final Payment for the final stage of pay out of the Construction Contract hereinabove mentioned.

         TITLE : _

         
         

         STATE OF FLORIDA

         COUNTY OF -----------

         Persona11y appeared before me, the undersigned authority who, after first being

         sworn by me, affixed his /her signature in the space provided above on this

         _,2019.

         day of _

         
         

         , Notary Public, Commission No. _

         
         

         _, Name of Notary type, printed or stamped

         
         

         

         
         

         Exhibit D -TRENCH SAFETY SWORN STATEMENT

         
         

         The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of construction of the Project.

         Bidder acknowledges and issues this sworn statement that included in the Bid Price are costs for complying with the Florida Trench Safety Act (90-96 , Laws of FL) effective October 1, 1990, and hereby gives assurance that, if awarded the Contract, the Contractor or Subcontrnctor performing trench excavation work on the Project will comply with the applicable trench safety standards. The Bidder fm1her identifies the costs as follows:

         
         

         Trench Safety Item (Description) Cost

         
         

         

         
         

         

         
         

         

         
         

         TOTAL$ -0---

         
         

         THIS IS NOT A PAY ITEM: The purpose of this form is to gather information on the costs associated with trench safety measures and to insure that the Bidder has considered these costs and included them in the Total Estimated Base Bid and the Total Estimated Additive Alternate Bid. Company will not receive additional payment if actual quantities differ from those estimated or if the Company uses a safety measure different than those listed.

         The undersigned assures that the entity will comply with the applicable Trench Safety Standards and agrees to indemnify and hold hannless the Authority and Engineer, and any of their agents or employees from any claims arising from the failure to comply with said standard. The undersign ed, in submitting this Bid, represents that he has reviewed and considered all available geotechnical information and made such other investigations and tests as he may deem necessary to adequately design the trench safety system he will utilize on this project.

         FAILURE TO COMPLETE THE ABOVE SHALL RESULT IN THE BID BEING DECLARED NON-RESPONSIVE.

         COMPANY NAME: ,Bf'!elf: <C.,f/fv Y!? ,.,, fl

         

         DATE: 4I / JR, / ! {j BY : _,. . '-'-----=--.-/ ---=---. ,

         PRINT NAME : Ch a..--- te·s K obe.rsC>0

         

         Exhibit E- Quote Bid Worksheet

         
         

         1) Track work -South of the Scrap Yard Switch, around Piney Point curve down to the Piney Point RR crossing approximately 1,883 feet of track. Replacement and installation of252 each- 6"x 8" x 8'- 6" Railroad grade crossties. Project replacement of specified defective and/or out of gauge crossties.

         
         

         2) Track work - Piney Point crossing going West to Reeder Road crossing- approximately

         1,171 feet of track. Replacement and installation of 195 each - 6" x 8" x 8'- 6" Railroad grade crossties. Project replacement of specified defective and/or out of gauge crossties.

         
         

         3) Removal and replacement of 300 each defective bolts.

         
         

         4) Surface track area with 2" pull. Line and cross level areas. Approximately 3,054 feet of rail trackage.

         
         

         5) Remove and Dispose of all old crossties, bolts and debris from site.

         
         

         
         

         Project Timeline from Date of Notice to Proceed to Completion:

         IO CJ/it,,[

         
         

         
         

         Phase I - Track Rehab Project Bid:

         $ 7 85d>-, QO

         
         

         
         

         

         Signature:

         
         

         Title:

         /9llt:i JC/ t1ftl•.oU;•lits.

         [f/;;)../;9

         Date:

         
         

         

         A-roe,Jc.a,n TrAAk.

         Company Name:

         
         

         Exhibit F - DRUG-FREE WORK PLACE CERTIFICATE (OPTIONAL)

         
         

         Pursuant to Section 287.087, Florida Statutes , preference shall be given to businesses with Drug-Free Work Place Progra111s. Whenever two or more bids which are equal with respect to price, quality, and service are received for the procurement of commodities or contractual serv ic es, a bid received from a business that certifies that it has implemented a Drug-Free Work Place Program will be given preference in the award process. Established procedures for processing tie bids will be followed in the event that none of the tied bidders have a Drug-Free Work Place Program. In order to have a Drug-Free Work Place Program, a business will:

         
         

         1. Publish a statement notifying employees that the unlawful manu facture, distribution, dispensing , possession, or use of a controlled substance is prohibited in the work place and specifying the actions that will be taken against employees for violations of such prohibition.

2. Infonn employees about the dangers of drug abuse in the work place, the company's policy of maintaining a Drug-Free Work Place , any available drug counselin g, rehabili tation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (l ).

4. In the statement specified in subsection (1), notify the employees that, as a condition of working

   on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 of the Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the work place no later than five

   (5) days after such conviction or plea.

5. Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted or who has pied.

6. Make a good faith effort to continue to maintain a drug-free work place through implementation of this section.

AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE ABOVE REQUIREMENTS.

dk

Signature

Ch t_!e_s &_/;er.fo/J

Printed Name

Exhibit G - PROJECT ADDENDUM# 1

1TB # 041219

Phase I- Track Rehab Project

I. IN CURVE CROSSTIE PLATE CLARIFICATION - REQUIREMENTS

Crossties are to be spiked down with 4 spikes per side. No spikes are required for anchor holes.

1. IS WEEKEND WORK ALLOWABLE Yes

   
   

2. MATERIALS STAGING AREA

   The Port had ample staging for all site deliveries/ materials laydown are will be located outside the curve at the main track access road are.

   
   

3. TRACK OPERATIONS- END OF WORK DAY

   The track work site area is to be in place and operational every day for next morning movement operations.

   Next day operations will begin after rail cars are moved into the Port. The Port will coordinate daily operations with contractor.

   
   

4. SECTION 7.1- PAGE# 12 - INSURANCE -ADDITIONAL INSURED CLARIFICATION: The contractor will name Manatee County Port Authority as additional insured.

   
   

5. HOW MANY TRAINS PER DAY TRAVEL THROUGH THE WORK AREA?

1

0. WHAT IS THE MAXIMUM RATE OF SPEED ANY TRAINS WOULD TRAVEL? 10MPH

1. WOULD THE "PORT" PROVIDE A FLAGMAN? Yes

   
   

2. CROSS TIE DISPOSAL RESPONSIBILITY

   Disposal of all crossties and materials is the responsibility of the contractor.

   
   

3. IN-COUNTY CROSSTIE APPROVED LANDFIELD DETAILS

   Manatee County Landfill is an approved crosstie disposal provider.

   Address: 3333 Lena Road - SR 64- Bradenton, FL 34211- Phone: (941) 748-4501

   Exhibit G - PROJECT ADDENDUM# 1

   1TB # 041219

   Phase I- Track Rehab Project

   
   

   This addendwn addresses all questions, project inclusions, project changes and project clarification. All information in this exhibit should be included in final proposal. The Manatee County Port Authority deems the set deadline acceptable for this project scope. No timeline change will be made.

   The set date for all bid submittals is Friday, April 12, 2019 - 2:00 PM

   
   

   1. CSX FLAGMAN EXPENSE REQUIREMENT RESPONSIBILITY

      The contractor is required to provide CSX contracted flagman for all interchange track work.

      
      

   2. TRACK AREA OF REQUIRED FLAGMAN ASSISTANCE REQUIRED Approximately 500 feet of trackage

   3. TYPE OF RAILROAD CROSSTIES REQUIRED

      100 % Emplated - Grade 5 - Railroad Crossties

      
      

   4. SPECIFIC COUNT OF CROSSTIES AND BOLTS THAT REQUIRE REPLACMENT

      The Port will take into consideration the option and opinion of all bids in consideration to the inspection of the project trackage. The inspection performed original base requirement counts are to remain the same as referenced in Item 1 of the Scope of Services.

      
      

   5. ALTERNATE BID OPTION -1-A-Additionalsuggested defective crosstie count: \..J f

      
      

      Alternate Project Cost for Alternate Bid Option -1-A J/O'j', ;7.'i? er o;H,e_

      
      

   6. ALTERNATE BID OPTION -2-A-Additional suggested defective crosstie count: I A

      
      

      Alternate Project Cost for Alternate Bid Option - 2-A ./Jo 2-fl Qet::s)i.e.

      
      

      

   7. ALTERNATE BID OPTION - 3-A - Additional suggested defective crosstie count: N I A

      Alternate Project Cost for Alternate Bid Option - 3-A J /()$',;J.f'. Qt[ e.

      
      

   8. CLARIFICATION - 4-A- SURFACE TRACK - BALLAST

      No additional Ballast will be required - the trackage has more than sufficient materials onsite.

      Exhibit H - PROJECT ADDENDUM# 2

      1TB # 041219

      Phase I- Track Rehab Project

      
      

      This addendum addresses con-ection to ADDENDUM# 1 - ITEM G - 3-A.

      Omit response for ITEM G on ADDENDUM# 1 - reflect * SEE ADDENDUM# 2 * on bid response.

      
      

      All info1mation in Original ITB # 041219 and both Addendum #1 and Addendum # 2 should be included in final proposal.

      
      

      CORRECTION

      
      

      1. ALTERNATE BID OPTION - 3-A - Additional suggested defective bolt count: \-JlQ

         
         

         Alternate Project Cost for Alternate Bid Option -3-A/bl, J6 Qt-<" 'co \t-

         
         

         All bid submittals is Friday, April 12, 2019 - 2:00 PM

         Exhibit I PROJECT ADDENDUM # 3

         1TB # 041219

         Phase I- Track Rehab Project

         
         

         All information in Original ITB # 041219 and both Addendum #1 and Addendum# 2 and Addendum # 3 should be included in final proposal.

         
         

         1. MATERIALS - CHANGE TYPE OF RAILROAD CROSSTIES REQUIRED

            100 % End Plated - Grade 3 - Railroad Crossties Size: - 6" x 8" x 8'6"

            
            

         2. PROJECT ADDITION TO BID

Project materials-revision - ADDENDUM# 1-ITEM-H-4 A- BALLAST

Project addition of 150 Tons of Ballast added to the Total Project Cost, with understanding that any unused project Ballast will be left onsite in the laydown yard and considered property of Manatee County Port Authority.

All bid submittals is Friday, April 12, 2019 - 2:00 PM