A meeting of the Manatee County Port Authority will be held during Land Use meeting of the Board of County Commissioners of Manatee County Thursday, August 23, 2018, at 1:30 p.m., or as soon as is practicable, in Commission Chambers on the first floor of the County Administration Building, 1112 Manatee Avenue West, Bradenton, Florida.


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MANATEE COUNTY PORT AUTHORITY AGENDA

August 23, 2018 – 1:30 p.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

Public Comments


  1. Berth Areas Maintenance Debris and Material Removal


  2. Budget Resolution


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

Stephen R. Jonsson, 1st Vice-Chairman; Betsy Benac, 2nd Vice-Chairman; Robin DiSabatino 3rd Vice-Chairman; Charles B. Smith, Member; Priscilla Whisenant-Trace, Member; Carol Whitmore, Member

August 23, 2018


AGENDA ITEM 1.: BERTH AREAS MAINTENANCE DEBRIS AND

MATERIAL REMOVAL


BACKGROUND:


On August 17, 2017, the Authority approved a Memorandum of Agreement between the Department of Army for dredging certain berthing areas in the inner basin at the Port. The Corp subcontractor was not able to dredge to the fender line with the type of equipment used. On January 23, 2018, the Authority approved Infrastructure & Industrial Constructors Southeast to perform bed leveling services to achieve project depth within the offset area. The bed leveling services could not remove the excessive debris and material located at berth 6. There are also high spots at berth 7 and 9. Quality Marine Construction, Inc., will extract debris with divers and lifting equipment and will excavate remaining material to remove the high spots to alleviate draft restrictions placed by the pilot at selected berths. These draft restrictions seriously handicap the operation of the Port and as a result, the procurement of these services is being treated as an emergency. Request is to approve an initial $114,000 which includes base fee of $91,000 (mobilization, demobilization and 40 hours) as well as an additional 20 hours at an hourly rate of $1,150. Due to the unknown extent of project scope and the urgency of project completion, it is also requested that an additional 60 hours be approved, if needed.


ATTACHMENT:


Contract for Berth Areas Maintenance Debris and Material Removal


COST AND FUNDING SOURCE:


Approximately $137,250 of FDOT funding and $45,750 of SIB loan (this is if the additional 60 hours is needed).


CONSEQUENCES IF DEFERRED:


Loss of revenue due to restrictions placed at berths


LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to approve and authorize execution on behalf of the Port Authority of the Contract for Berth Areas Maintenance Debris and Material Removal between the Manatee County Port Authority and Quality Marine Construction, Inc., in the amount of $114,000 plus an additional $69,000 (or 60 hours), subject to the review and approval of FDOT.

CONTRACT FOR BERTH AREAS MAINTENANCE DEBRIS AND MATERIAL REMOVAL


THIS CONTRACT is dated as of the 23rd day of August in the year 2018 by and between Manatee County Port Authority, whose address is 300 Tampa Bay Way, Suite 1, Palmetto, FL 34221 (“Authority”) and Quality Marine Construction, whose address is 2504 88th Street Northwest, Bradenton, FL 34209 and is authorized to do business in the State of Florida (“Contractor”), (collectively, the “Parties”).


In consideration of the promises and mutual covenants contained herein, the parties hereby agree as follows:


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


    The first 40 hours of debris removal and excavation Work will be completed within 14 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. Any authorized remaining work will be completed expeditiously thereafter. Time is of the essence.


  2. Payment Terms:

    Authority shall pay Contractor the following amounts for the Work:

    A lump-sum base fee of $91,000 for mobilization, demobilization, and 40 hours’ time well spent on debris removal and excavation work.

    An additional hourly rate of $1,150 for time well spent on debris removal and excavation work beyond the time covered by the base fee.

    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 shall 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 shall be entitled to a commensurate change in fee.


  3. Contractor’s Representations: Contractor represents that Contractor is satisfied with the available information and is capable of performing satisfactorily in accordance with the Contract.


    Contractor represented that it understands and accepts that this project is funded in part from the proceeds of a grant(s) from the Florida Department of Transportation. 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 performance 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 termination of this Contract or such remedy as the Authority deems appropriate.

    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. Contractor accepts assignment of responsibilities for Authority direct procurement items as described in the Tax Saving Program in the Bid Instructions.


  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.portmanatee.com/Portals/0/business/Tariff/Tariff.pdf. If the link has changed, there should remain access via the homepage at portmanatee.com. Contractor shall provide the Port Authority with certificates of insurance demonstrating compliance with Tariff Item 250, Insurance.

    2. Bonding. Contractor shall submit performance and payment bonds each for the amount equal to the base fee plus 20 times the hourly rate in accordance with Florida Statutes §

      255.05 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. Contractor 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 responsible, 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 condition, 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 with 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.


  6. Indemnification: To the fullest extent permitted by the law, Contractor shall indemnify and hold harmless Authority and its officers, directors, members, partners, employees, agents, consultants, 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 Contractor 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.


    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 contained herein, Authority would not have entered into the construction contract with Contractor.


  7. Contract Documents. The Contract Documents consist of the following:

  1. This Contract.

  2. Exhibit A: Scope of Work

  3. Exhibit B: Application for Payment Form.

  4. Exhibit C: Contractor’s Affidavit Form

  5. Proof of Insurance.

  6. Bond(s).

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


    There are no Contract Documents other than those listed above.


  8. 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 termination. Contractor shall not be paid for loss of anticipate overhead, profits, or revenue or other economic loss arising out of such termination.


  9. 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 section, 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.


  10. Public Records. All comments, papers, letters, maps, books, photographs, films, sound recordings, data processing software, or other material, 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 examine, 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 law, 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;


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


    3. 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


    4. 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 confidential, or exempt from public record disclosure requirements.


Furthermore, the 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.


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 agreement.


  1. 11. Miscellaneous Terms.


    1. 1. Governing Law and Venue. This Contract shall be 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 shall 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 Florida, 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 shall be fixed by the proper court at a rate of 5% per annum simple interest. Under no circumstances shall either party 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. 2. Validity, Severability and Reformation. The validity, interpretation, construction, and effect of this Contract shall 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 shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this Contract shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the original intention of the stricken provision.

    3. 3. Assignment and Construction of Contract. Any assignment of this Contract, without the Authority’s written consent, shall be void. The parties 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 shall not be construed against the Authority by virtue of this Contract having been drafted by the

      Authority.


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

    5. 5. Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of the Contract shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at 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, shall not be valid unless in writing and signed by the parties.

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

    7. 7. 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, shall survive final payment completion, acceptance of work or termination or completion of contract or termination of the services by the contractor.

Exhibit A - Scope of Work

Berth Areas Maintenance Debris and Material Removal


All Work is complete only upon satisfaction of the Authority. Contractor shall:

  1. Locate and extract debris from above project depth in the work area with divers and lifting equipment, taking care not to damage existing structures in the process, and remove and properly dispose of the removed material off of Port property.

  2. Excavate remaining material to project depth and place it in nearby low areas below project depth without lifting the material above water, or properly dispose of the material off of Port property.

  3. Control turbidity. Stop work if it appears any significant plume might reach seagrass areas.

  4. Coordinate with the Port’s surveyor to facilitate the surveyor’s work to check depths as necessary to keep the Port apprised of the extent of success achieved over time for the Port’s continual assessment of whether to stop the work before final success.


The project depth is -40 feet MLLW. The work area is within 25 feet in front of the face of the berth at Berths 6, 9 and 7. Proceed in the order of berths dictated by the Port, initially anticipated to be 6, 9, 7.

1.

2. Furnish 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.


Means and methods are subject to advance Port approval. All work is to be coordinated with the Port. Any equipment deployed on the dock must not exceed the published dock load ratings.


Work around the shipping activity and coordinate with William Stanfield at 941-650-6512 regarding the shipping activity that the Port anticipates.


Coordinate the work with the contact listed herein. Working outside ordinary business hours is subject to prior Port approval.


Identify and abide by all applicable laws, regulations and codes. implement all necessary

environmental protection measures. 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 function. Ensure the safety of workers and others.

August 23, 2018


AGENDA ITEM 2.: BUDGET RESOLUTION BACKGROUND:

This resolution budgets for extraction of debris with divers and lifting equipment and excavation of remaining material to remove high spots to alleviate draft restrictions placed by the pilot at selected berths. The total amount budgeted, including an additional 60 hours if needed, is $183,000 funded 75% by FDOT and 25% by the Port’s SIB loan.


ATTACHMENT:


Budget Resolution PA-18-14.


COST AND FUNDING SOURCE:


FDOT proceeds of $137,250 and SIB Loan of $45,750.


CONSEQUENCES IF DEFERRED:


Delay in budget allocations


LEGAL COUNSEL REVIEW: N/A


RECOMMENDATION:


Move to adopt Budget Resolution PA-18-14.

RESOLUTION PA-18-14 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2017-2018


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 2017-2018 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

BADS823A/Z

BU18000425


ADOPTED with a quorum present and voting this the 23rd day of August, 2018.


ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT


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By:

BUDGET ADMENDMENT RESOLUTION NO. PA-18-14 AGENDA DATE: August 23, 2018


1) Fund: FDOT – 75% SIB Loan – 25%


Section: Maintenance Dredging


Description: Budgets a total of $183,000 for additional maintenance dredging at certain berths to alleviate draft restrictions.


Batch ID: BADS823A/Z Reference: BU18000425