A meeting of the Manatee County Port Authority will be held Thursday, April 21, 2022, at 9:00 am, 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 SeaPort Manatee identification badge may enter SeaPort Manatee by the north or south gate by displaying photo identification, generally a driver’s license.

MANATEE COUNTY PORT AUTHORITY AGENDA

April 21, 2022 – 9:00 am

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 Matt Ennis Pledge of Allegiance

Audience Introductions

Public Comments

1. Presentation – Daniel Blazer, World Direct Shipping

   
   

2. Presentation – Mark Meyer, Port Manatee Railroad

   
   

3. Consent Agenda

Public Comments

Executive Director 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.

Reggie Bellamy, Chairman

George Kruse, 1st Vice-Chairman; Misty Servia, 2nd Vice-

Chairman; James Satcher, 3rd Vice-Chairman; Vanessa Baugh,

Member;

Kevin Van Ostenbridge, Member; Carol Whitmore, Member

AGENDA ITEM 1.: PRESENTATION – DANIEL BLAZER, WORLD DIRECT SHIPPING

BACKGROUND:

Daniel Blazer is a principal of World Direct Shipping, a dynamic ocean carrier headquartered at SeaPort Manatee, offering the fastest short-sea link between Mexico and the U.S Southeast since 2014.

AGENDA ITEM 2.: PRESENTATION – MARK MEYER, PORT

MANATEE RAILROAD

BACKGROUND:

Mark Meyer currently serves as the Director of Marketing & Sales for the Southern Region of Regional Rail, LLC, leading the company’s commercial, industrial development, marketing, and supply chain functions. Mark manages new business growth through the development of industrial properties along the railroad and is a member of the merger and acquisitions team. He collaborates with local and state government, members of the real estate community, and economic development groups to assemble marketable properties in Central Florida to present to the potential customer base. Mark also developed and supervises Regional Rail’s transloading and warehousing functions collaborating directly with customers and strategic partners to further their supply chain capabilities.

Prior to joining the Regional Rail, Mark served as National Accounts Manager for R+L Carriers. Mark was responsible for cultivating $20 million annually in sales with R+L Carriers Fortune 500 customers. Mark oversaw a staff of thirty account executives and support staff and developed transportation service offerings for the organization’s third- party logistics arm R+L Global Logistics. These service offerings included intermodal, international air & ocean, refrigerated, and transborder solutions.

Prior to his time at R+L Carriers, Meyer spent 10 years in various sales management roles in the manufacturing and transportation sectors acting as Director of Sales for the Acme Roll Forming Company and Business Development Manager for Fourstar Transportation. In these roles Mark established a third-party logistics company and implemented various transportation-based service offerings.

Mark served his country in the United States Army and attended Delta College. Mark works as a consultant and transportation expert for numerous economic and development groups across Central Florida and is a member of the Central Florida Planning Group.

April 21, 2022

1. CONSENT AGENDA

   
   

   1. Warrant List

      
      

   2. Minutes February 17, 2022

      
      

   3. Budget Resolution

      
      

   4. Stantec Intermodal Container Yard Professional Services Authorization

      
      

   5. Port Manatee Tariff No. 3 Items 170 and 290

      
      

   6. Uncollectible Accounts

      
      

   7. Public Transportation Grant Agreement – Berth Rehabilitation

      
      

   8. Deletion of Port Assets

      
      

   9. Carver Maritime, LLC Lease Amendment Seven

      
      

   10. AECOM Technical Services Inc. Professional Services Authorization

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.

Total warrants (checks) for period reported 3,891,909.61

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

PORT MANATEE INTERMODAL CENTER, THIRD FLOOR

1905 Intermodal Circle Palmetto, Florida February 17, 2022

Present were:

Reggie Bellamy, Chairman

George W. Kruse, First Vice-Chairman Misty Servia, Second Vice-Chairman James A. Satcher III, Third Vice-Chairman Vanessa Baugh

Kevin Van Ostenbridge Carol Whitmore

Also present were:

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

Susan Flowers, Accounting Manager, Clerk of the Circuit Court Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court Jonathan Martinez, Boards Records, Clerk of the Circuit Court

CALL TO ORDER

Chairman Bellamy called the meeting to order at 9:00 a.m.

The audience introduced themselves. PA20220217DOC001

AGENDA

1. EMPLOYEE RECOGNITION

   Carlos Buqueras, Executive Director, recognized Walter Sharpe for 35 years as a Scales Weightmaster.

   The Commissioners shared their gratitude for his service to the Port of Manatee.

   PA20220217DOC002

2. PRESENTATION – NAVAL WAR COLLEGE FOUNDATION

   George Hamrick, Naval War College Foundation, provided a slide presentation regarding the Navy League of the United States. The League started in 1902 founded by President Teddy Roosevelt. Their mission is to support the needs of the sea services , and their goal is to educate the public and elected officals on the importance of a strong Maritime component for our National Security. The Navy League advocated for support of Merchant Marine Programs, and they are asking congress to support the Jones Act to provide $30 billion in Navy shipbuilding and conversion budget. They support the ratification in the Senate of the

   U.N. Convention on the Law of The Sea. The Sea Air Apace Expo in Baltimore will provide the opportunity to learn more about Merchant Marine, Port, and Maritime National Security.

   
   

   Upon question, Mr. Hamrick explained the League’s role is to ensure the funding for the Navy is there with specificity. In regards to the Ukraine situation, the Navy has a shore battery in Romania to destroy missiles.

   
   

   Member Van Ostenbridge asked what strategies the Biden Administration has to keep the United States on an even playing field with China and keep our navy in a state of readiness from a national security standpoint.

   
   

   Mr. Hamrick explained there is a comprehensive national strategy. One problem is that there is no sense of urgency. More ships are needed in the Navy and the Navy League.

   Congressional Representative Steube sponsored the Ship Yards Act, and $28 billion was approved by congress to support the Navy, Marine Corps and Cost Guard. There is active support from local communities, and the Navy League is looking forward to a closer relationship with Port Manatee.

   
   

   Discussion ensued regarding concern with the Ukraine situation, our country is seeing many issues and is not moving in good direction, service members must be provided with the supplies they need, it takes three to five years to manufacture, the Navy League emphasizes on cyberwarfare command, and the Port Authority could bring awareness to the situation and tighten its security procedures. PA20220217DOC003

   

3. PRESENTATION – STEPHEN KELLY, THE CARVER COMPANIES

   Stephen Kelly, President of Sales and Business Development, shared a slide presentation regarding the Carver Companies. The company was looking to expand about four years ago and found Port Manatee to be a good spot for commerce. The divisions are construction, maritime, sand, and gravel. The company first started with Port of Coeymans and 475 people are currently working on sight. They do their own construction work, and the port has been restored with new bridges. There is a port at Charleston and the newest port is in Canada.

   They would like to take the same vision as the other ports with Carver Maritime Manatee. In the year 2022 salt scrap and fertilizer will be imported. The new space in the boneyard development will create new opportunities for Port Manatee bringing in commerce. The tenants will start to rebuild the grinding mill and it is estimated to be completed by September.

   
   

   Discussion ensued regarding Carver has been struggling to find workers due to the pandemic, they have been in Manatee since 2018, the business is hands on, and until the younger generation is taught to work with their hands, it will remain a struggle to find employment. PA20220217DOC004

   

   CONSENT AGENDA

4. A motion was made by Member Servia, seconded by Member Satcher, and carried 7 to 0, to approve the Consent Agenda incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda. PA20220217DOC005

   1. WARRANT LIST

      Accepted Warrant Listing from January 12, 2022, to February 9, 2022 PA20220217DOC006

   2. MINUTES

      Approved the Minutes of January 25, 2022 PA20220217DOC007

   3. BUDGET RESOLUTION

      Adopted Budget Resolution PA-22-06 PA20220217DOC008

   4. ALPICO INTERNATIONAL LEASE AMENDMENT 8

      Approved and authorize the Chairman to execute Port Manatee Lease Amendment #8 between Manatee County Port Authority and Alpico International PA20220217DOC009

   5. PURCHASE OF CONTAINER SPREADERS

      Approved the issuance of a purchase order to Federal Marine Terminals, Inc. in the amount of $330,000 for the purchase of two crane spreaders PA20220217DOC010

      (End Consent Agenda)

      EXECUTIVE DIRECTOR COMMENTS

      Mr. Buqueras shared a slide presentation to provide the following updates:

      
      

      • Yachts galore at Port Manatee

      • The Port Welcomes Chiquita

      • There were no issues on the supply chain

      • Port tenant, Ash Grove Cements unveiled a new, state of the art ship unloader

      • Port tenant, World Direct Shipping rescued a fisherman at sea

      • Port staff attended Florida Ports Council Spring Board meeting and legislative

      • Port Manatee changed its name to SeaPort Manatee PA20220217DOC011

        PUBLIC COMMENT

        There being no public comment , Chaiman Bellamy closed public comments.

        MEMBER COMMENTS

        All the commissioners shared their appreciation for the Port’s name change and the presentations given.

        ADJOURN

        There being no further business, Chairman Bellamy adjourned the meeting at 10:21 a.m.

        Minutes Approved:        

        April 21, 2022

        
        

        CONSENT

        AGENDA ITEM 3.C: BUDGET RESOLUTION

        
        

        BACKGROUND:

        
        

        This resolution budgets the following:

        
        

      • $29,800 of Port cash for the design and permitting of extending the existing water main for a new fire hydrant and new tug shore power in the Intermodal Container Yard.

      • $4,000,000 for phase I of an approximately 150,000 square foot warehouse funded 50% by the Florida Department of Transportation (FDOT) and 50% Port cash.

      • $48,000 for the upgrade and replacement of the Port’s existing access control readers located at the Port’s South Gate. This includes high/low reader stands, camera and intercom capabilities funded 75% by the FDOT and 25% Port cash.

      • $6,666,667 of additional funding for Berth 4 Improvements and Berth 6 Improvements funded 75% by FDOT and 25% Port cash.

      • Decrease Berth 4 Improvements project and increases Berth 10 Improvements project for the same amount of $50,472. In addition, budgets $17,000 SIB loan for Berth 10 Improvements for additional funding needed for the project construction.

ATTACHMENT:

Budget Resolution PA-22-07.

COST AND FUNDING SOURCE:

Budgets $7,036,000 FDOT grant funding, $3,708,467 Port cash, $17,000 SIB loan, and decreases/ increases $50,472 of the current budgets.

CONSEQUENCES IF DEFERRED:

Delay in budget allocations.

LEGAL COUNSEL REVIEW: N/A RECOMMENDATION:

Move to adopt Budget Resolution PA-22-07

RESOLUTION PA-22-07 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2021-2022

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 2021-2022 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:

ADOPTED with a quorum present and voting this the 21st day of April,2022.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT

By:                 

1) Fund: Port Cash

Section: Intermodal Container Yard

Description: Budgets an additional $29,800 for the design and permitting of a new fire hydrant and new tug shore power in the Intermodal Container Yard.

Batch ID: BAAL031722A Reference: BU22000285

2)

Fund: FDOT – 50%

Port Cash – 50% Section: Dry Chill Warehouse

Description: Budgets $4,000,000 for Phase I of a new warehouse. Batch ID: BAAL031722A Reference: BU22000286

3)

Fund: FDOT – 75%

Port Cash – 25%

Section: Access Control Readers

South Gate Expansion

Description: Budgets $48,000 for the upgrade and replacement of the readers at the South Gate.

Batch ID: BAAL031722A/B Reference: BU22000287

4)

Fund: FDOT – 75%

Port Cash – 25%

Section: Berth 4 Improvements

Berth 6 Improvements

Description: Budgets $6,666,667 for additional funding received for Berth 4 Improvements project and unexpected repairs to Berth 6 Improvements project.

Batch ID: BAAL031722A Reference: BU22000344

5)

Fund: FDOT

2016 SIB Loan

Section: Berth 4 Improvements

Berth 10 Improvements

Description: Budgets $17,000 SIB Loan for Berth 10 Improvements project. Also, decreases $50,472 in the Berth 4 Improvements project and increases same for the Berth 10 Improvements project.

Batch ID: BAAL031722A Reference: BU22000350

April 21, 2022

CONSENT

AGENDA ITEM: 3.D. STANTEC INTERMODAL CONTAINER YARD

PROFESSIONAL SERVICES AUTHORIZATION

BACKGROUND:

On February 26, 2019, the Authority approved Stantec Consulting Services Inc. (Stantec) for the engineering of the intermodal container yard expansion in the amount of $373,578 plus

$40,000 contingency. Previous change orders in the net amount of $119,640 were approved. Request is to approve $29,800 for the design and permitting of extending the existing water main for a new fire hydrant and also the design and permitting for new tug shore power.

ATTACHMENT:

Professional Services Authorization (PSA) No. 22-07

COST AND FUNDING SOURCE:

Port cash in the amount of $29,800

CONSEQUENCES IF DEFERRED:

Delay in project revisions

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute Professional Services Authorization (PSA) No. 22-07 to Stantec in the amount of $29,800 for revisions to the intermodal container yard expansion project.

PROFESSIONAL SERVICES AUTHORIZATION (PSA) NO. 22-07

Pursuant to the Port Manatee Professional Engineering Services Contract for dated 2/26/2019

between the Manatee County Port Authority, hereinafter referred to as the "Authority", and

Stantec Consulting Services Inc.,

hereinafter referred to as the "Consultant", the Authority hereby authorizes and the Consultant hereby agrees to perform the hereinafter identified professional services for the project, facility or program identified as:

"Addition of Required Water Main Extension and Added Tug Shore Power ASR-5-Intermodal Container Yard Expansion".

The professional services and additional terms hereby authorized by the Authority and agreed to by the Consultant are set forth in the attached proposal dated February 18, 2022 for the above entitled project, facility or program.

Pursuant to Article 7.9. of the contract, the committed date of completion of the services is 3/21/2022.

The total fees and expenses for these professional services must not exceed:

$29,800.00

DATED:          

CONSULTANT

d.

CONTRACT MANAGER

George F. Isiminger

Senior Dir Engineering, Planning & Env. Affairs

Grant Contract#: G1527

By:

Sahe bkar, Ham,

Digitally signed by Sahebkar, Hamid

Date: 2022.02.23 12:15:00 -05'00'

Hamid Sahebkar, P.E., Sr. Principal Stantec Consulting Services

Name, Title: Hamid Sahebkar, P.E., Sr. Principal

Stantec Consulting Services

ATTEST: MANATEE COUNTY PORT AUTHORITY

By: ____________________________ By:__________________________________

Clerk of Circuit Court Chairman

If applicable, the Authority has considered and hereby approves this Professional Engineering Services Authorization with a quorum present and voting this 17th day of March, 2022.

Stantec Consulting Services Inc.

777 S Harbour Island Boulevard Suite 600, Tampa FL 33602-5729

PROFESSIONAL SERVICES PROPOSAL

To: Mr. George F. Isiminger, P.E.

Senior Director of Planning, Engineering and Environmental Affairs Port Manatee

300 Tampa Bay Way Palmetto, FL 34221

From:

Hamid Sahebkar, PE Senior Principal

Date: February 18, 2022

SUBJECT: Addition of Required Water Main Extension and Added Tug Shore Power ASR-5 Intermodal Cargo Yard Improvements

Port Manatee Palmetto, Florida

OVERVIEW

1. Manatee County Port Authority, a political subdivision of the State of Florida (Client) (hereinafter the "Authority" or the "Port") is proposing to expand the existing Intermodal Yard. Port has contracted Stantec Consulting Services Inc. (Stantec) to provide professional services for the above referenced Project.

   
   

2. Due to project requirements, Client has requested additional services to be provided by the team.

   
   

3. As part of the proposed Alternative 1, a new fire hydrant is required. County had identified an existing water main for the connection point. To locate the exact location of the tie-in point, SUE work was performed. As part of this investigation, it was determined that a segment of the water main (450 feet

   +/-) was not constructed. Design and permitting of this segment of the water main is proposed as part of this proposal.

   
   

4. The proposed water main extension and associated permitting will require approval of Manatee County. Dedication of these improvements to the County are anticipated.

   
   

5. Additionally, Client has requested design and permitting of tug shore power.

   
   

6. The tasks below include the associated construction support services for the extended services and duration during construction.

   
   

7. The committed date of completion of these services is April 31st, 2022.

February 18, 2022

Attn: Mr. George F. Isiminger, P.E. Page 2 of 2

Reference: Intermodal Cargo Yard Improvements – Port Manatee -ASR-5

SCOPE OF SERVICES

414 Water Main Extension

Stantec will prepare the plans for the extension of a water main loop as part of the Alt 1 expansion plans. This extension will complete the water main loop around the existing warehouse. The proposed Fire hydrant for Alt 1 will be connected to this line. Stantec will prepare the required plan and profile construction plans for this improvement and apply for permits through Manatee County and FDEP. Stantec will respond to one (1) round of comments from permitting agencies. Stantec will issue these plans as part of the Alt 1 plans to the contractor when permits are received. Stantec will provide the support services required during construction for installation and activation of this line. These services include pre-construction meeting with County, shop drawing review, up to two (2) site visits during installation, witnessing the pressure test, preparing application for activation of this line which will include compiling as-built plans, pressure test results, and the bacteriological test results. Stantec will provide the support services required for dedication of this line to Manatee County.

701.5 Moffatt & Nichole Tug Shore Power

Moffatt & Nichol will provide the professional services required for the design of the proposed Tug Shore Power as well the services during construction. Additionally, Moffatt & Nichole will extend their construction support services due to the project construction duration extension. Proposed services are per enclosed proposal.

FEES

The Fees for the providing these services are as follows:

All permit application fees will be paid by the Client. Enclosures: Stantec 2022 Schedule of Fees

Moffatt & Nichol February 17, 2022, Proposal

sh v:\2156\active\215614956\admin\correspondence\proposal\asr\asr-5\imcy_stn proposed_asr_5_v000.docx

SCHEDULE OF FEES

Effective January 1, 2022

Unit billings, such as printing and survey materials, will be billed at standard rates. All other out-of- pocket expenses will be billed at cost +10%.

Z:\billing_level_rates\2022\Schedule of Fees-2022_table-2_20211029.docx

February 17, 2022

501 E. Kennedy Blvd, Suite 1910

Tampa, FL 33602

(813) 258-8818

www.moffattnichol.com

Stantec

777 S Harbour Island Boulevard Suite 600 Tampa FL 33602-5729

Attn: Hamid Sahebkar, PE

Subject: Additional Services Request

Port Manatee Intermodal Cargo Yard – Tug Shore Power

Dear Hamid:

Port Manatee has requested shore power for tug vessels to be added into the ongoing Intermodal Cargo Yard Expansion project. M&N has separated the additional effort into two tasks. Task 1 will include the tug shore power system design. Task 2 will extend M&N’s construction support services to the expected construction completion date.

TASK 1 –BERTH 12 TUG SHORE POWER ADDITIONS

This task includes efforts to revise the cargo yard electrical distribution system design to provide tug shore power. The tug shore power connection will be located in the south-west corner of Berth 12 and powered from the “300” parcel panelboard, P300-04. Conduit provisions for the additional shore power circuits were included in a previous revision, Addendum 3 issued 6/18/2021. The following represents the major tasks M&N will need to perform to complete the revised design as requested by Port Manatee.

Scope of Work

• Coordinate with the Port and tug operators to determine shore power connection requirements and specifications.

• Design and specify new shore power receptacle station which will include:

  • (2) 100A, 480V, 3-phase pin and sleeve receptacles

  • (2) 100A, 208V, 3-phase pin and sleeve receptacles

• Design drawings shall reflect the updated design – The following sheets are expected to be added or contain revisions addressing the additional tug shore power receptacles:

  • E-107 - Revise to show tug shore power circuit(s) routing, circuit tag and shore power receptacle equipment rack location. May require an additional sheet.

  • E-108 – Revise to show tug shore power circuit(s) routing, circuit tag and service equipment rack location.

  • E-403 – Add enlarged equipment plans for shore power service equipment rack and shore power receptacle equipment rack.

  • E-504 – Add equipment rack details for shore power service equipment and shore power receptacles. May require an additional sheet.

  • E-605 – Add shore power service circuit(s) to single line diagram.

    
    

  • E-612 – Revise cable schedule to specify required conductors.

  • E-621 – Revise P300-04 panel schedule to include shore power loads.

• Review/update panel load calculation.

• Perform voltage drop calculation for shore power feeder circuit.

• Perform short circuit calculation for shore power equipment.

  
  

  Deliverables

• Revised Intermodal Cargo Yard Electrical Drawings – Revisions will be incorporated into existing drawing set.

  
  

  TASK 2 – ADDITIONAL CONSTRUCTION SUPPORT SERVICES

  This task includes extension of construction support services through the end of construction.

  Scope of Work

• Includes one additional on-site progress meeting.

• Coordination calls with port representatives and design team regarding Task 1.

• Contractor coordination support (e-mails and calls as needed).

• Includes two additional construction progress meetings (via virtual conference).

• Final walkthrough of parcel 100 and 300 electrical systems.

• RFI responses from Contractor.

• Shop Drawing/Submittal reviews, including tug shore power equipment.

  
  

  Deliverables

• Review of revised contractor shop drawing/submittal as part of Task 1 contractor change order process.

• Responses to contractor RFIs.

• Extended Parcel 300 Substantial completion punch list.

  
  

  ASSUMPTIONS & EXCLUSIONS

• Tug shore power design based on port provided tug information

• Preparation of county building department permit application or processing is excluded.

Schedule

The schedule to complete Task 1 is four (4) weeks from Port Manatee notice to proceed. Task 2 will extend construction support through currently expected construction completion.

Fee

The fees for Tasks 1 and 2 are outlined below.

We look forward to the opportunity to continue to collaborate with Stantec and Port Manatee on this important expansion project. Please let me know if you have any questions or comments.

Sincerely,

MOFFATT & NICHOL

Michael Herrman, PE Vice President

April 21, 2022

CONSENT

AGENDA ITEM 3.E.: PORT MANATEE TARIFF NO. 3 ITEMS 170 AND

290

BACKGROUND:

For competitive purposes and when in the best interest of the Port, the Executive Director periodically proposes an adjusted rate from the rates published in Port Manatee Tariff No. 3. Item 170 adds language granting approval of the Executive Director to modify published tariff rates. Item 290 is revised to align with the Manatee County Port Authority Procurement Policy approved May 20, 2021, authorizing the Executive Director purchasing authority to

$200,000.

ATTACHMENT:

Port Manatee Tariff No. 3 Items 170 and 290

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

N/A

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve the rewording of Items 170 and 290 in Port Manatee Tariff No. 3.

April 21, 2022

CONSENT

AGENDA ITEM 3.F.: UNCOLLECTIBLE ACCOUNTS BACKGROUND:

Annually, port staff review accounts receivable to determine accounts deemed uncollectible. Two companies have filed for bankruptcy and one, due to business losses during the pandemic, entered into a settlement agreement with the Port. The total amount requested for write-off is $65,649.67.

ATTACHMENT:

Manatee County Port Authority Uncollectible Accounts – April 21, 2022

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

N/A

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve for write-off in the amount of $65,649.67 the account listed on the Manatee County Port Authority Uncollectible Accounts – April 21, 2022.

$ 65,649.67

April 21, 2022

CONSENT

AGENDA ITEM 3.G: PUBLIC TRANSPORTATION GRANT

AGREEMENT – BERTH REHBILITATION

BACKGROUND:

The Florida Department of Transportation (FDOT) has agreed to participation in the funding of an additional $5,000,000 for continued berth rehabilitation/reconstruction and has provided the attached the Public Transportation Grant Agreement (PTGA). As a condition of the grant, the Port is obligated to contribute 25% (or $1,666,667), bringing the total project costs to $6,666,667. To enter into the agreement, FDOT requires that the Port Authority adopt a resolution specifically approving the PTGA and authorizing the execution of the PTGA on behalf of the Port Authority by specifically designated officials.

ATTACHMENT:

Resolution PA-22-08 and the State of Florida Department of Transportation Public Transportation Grant Agreement

COST AND FUNDING SOURCE:

FDOT funding of $5,000,000 and $1,666,667 Port

CONSEQUENCES IF DEFERRED:

Delay in execution of the PTGA

LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to adopt Resolution PA-22-08 authorizing the execution of the Public Transportation Grant Agreement with the Florida Department of Transportation for continued berth rehabilitation and reconstruction initiatives.

Financial Project Number

433457-1-94-06

PA-22-08

A RESOLUTION BY THE MANATEE COUNTY PORT AUTHORITY APPROVING AND AUTHORIZING THE EXECUTION OF THE PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION

WHEREAS, the State of Florida Department of Transportation (Department) has offered to enter into a Public Transportation Grant Agreement with the Manatee County Port Authority (Port Authority) to provide Department participation in berth rehabilitation and reconstruction initiatives, and

WHEREAS, the Port Authority has the authority to enter into said Public Transportation Grant Agreement with the Department, and it is expedient and in the best interests of this Port Authority to approve and authorize the execution of the Public Transportation Grant Agreement.

NOW THEREFORE BE IT RESOLVED by the Manatee County Port Authority

that:

1. The State of Florida Department of Transportation Public Transportation Grant Agreement, identified as Financial Project Number 433457-1-94-06 wherein the Department agrees to a maximum participation in the amount of $5,000,000 is approved. The Chairman of the Port Authority, or, in the absence of the Chairman, any Vice Chairman of the Port Authority, is authorized to execute the Public Transportation Agreement on behalf of the Port Authority.

   
   

2. The Clerk of the Circuit Court of Manatee County, Florida, is authorized to cause two copies of this resolution to be certified for delivery to the Florida Department of Transportation.

ADOPTED with a quorum present and voting this the 21st day of April, 2022. ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT

CLERK OF CIRCUIT COURT AUTHORITY

By:             

Chairman

Financial Project Number(s):

(item-segment-phase-sequence)

433457-1-94-06

Fund(s):

Work Activity Code/Function: Federal Number/Federal Award

Identification Number (FAIN) – Transit only:

Federal Award Date:

Agency DUNS Number:

DPTO

215

FLAIR Category: 088794

Object Code: 751000

Org. Code: 55012020129

Vendor Number: VF596000727160

Contract Number: G2710

CFDA Number:

CFDA Title: CSFA Number: CSFA Title:

N/A

N/A 55.005

01-973-

7399

Seaport Grant Program

THIS PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into

_                   _, by and between the State of Florida, Department of Transportation, (“Department”), and Manatee County Port Authority, (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.”

NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following:

1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 311, Florida Statutes, to enter into this Agreement.

   
   

2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation in Port Manatee's berth rehabilitation and reconstruction initiative, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed.

   
   

3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply):

   
   

   Aviation

   

   

   X Seaports Transit Intermodal

   

   Rail Crossing Closure

   

   Match to Direct Federal Funding (Aviation or Transit)

   

   (Note: Section 15 and Exhibit G do not apply to federally matched funding)

   Other

   

4. Exhibits. The following Exhibits are attached and incorporated into this Agreement:

   
   

   X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance

   *Exhibit B1: Deferred Reimbursement Financial Provisions

   

   

   *Exhibit B2: Advance Payment Financial Provisions X *Exhibit C: Terms and Conditions of Construction

   X Exhibit D: Agency Resolution

   X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements

   X *Exhibit G: Audit Requirements for Awards of State Financial Assistance

   
   

   

   *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance

   

   *Additional Exhibit(s):

   
   

   *Indicates that the Exhibit is only attached and incorporated if applicable box is selected.

   
   

5. Time. Unless specified otherwise, all references to “days” within this Agreement refer to calendar days.

   
   

6. Term of Agreement. This Agreement shall commence upon full execution by both Parties (“Effective Date”) and continue through April 30, 2026. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department.

   
   

   1. If this box is checked the following provision applies:

      
      

      Unless terminated earlier, work on the Project shall commence no later than the   day of  , or within   days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates.

      
      

7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department.

   
   

8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department’s obligations under this Agreement for the Agency’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected.

   
   

   1. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated.

      
      

   2. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions.

      
      

   3. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency.

      
      

   4. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement.

      
      

   5. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.

      
      

9. Project Cost:

   
   

   1. The estimated total cost of the Project is $6,666,667. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement.

      
      

   2. The Department agrees to participate in the Project cost up to the maximum amount of

      

      $5,000,000 and, the Department’s participation in the Project shall not exceed 75.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved.

      
      

10. Compensation and Payment:

    
    

    1. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance.

       
       

    2. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment.

       
       

    3. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department.

       
       

    4. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.

       
       

    5. Travel Expenses. The selected provision below is controlling regarding travel expenses:

       
       

       X Travel expenses are NOT eligible for reimbursement under this Agreement.

       
       

       

       Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers.

       
       

       
       

    6. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term.

       
       

    7. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved.

       
       

       If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.

       
       

       A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.

       
       

    8. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs.

       
       

    9. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof.

       
       

    10. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement.

        
        

        
        

    11. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department.

        
        

    12. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid.

        
        

    13. Department’s Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department’s project manager must be received prior to costs being incurred by the Agency. See Exhibit “B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available.

        
        

    14. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:

        
        

        "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year."

        
        

    15. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation.

        
        

    16. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved

        
        

        in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project Description and Responsibilities.

        
        

11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws.

    
    

    1. Necessary Permits Certification. The Agency shall certify to the Department that the Agency’s design consultant and/or construction contractor has secured the necessary permits.

       
       

    2. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required.

       
       

    3. Notification Requirements When Performing Construction on Department’s Right-of- Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department’s right-of-way, the Agency shall provide the Department with written notification of either its intent to:

       
       

       1. Require the construction work of the Project that is on the Department’s right-of-way to be performed by a Department prequalified contractor, or

          
          

       2. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement.

          
          

    4. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead).

       
       

    5. If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one):

       
       

       1. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate).

          
          

       2. Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval.

          
          

       3. Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually.

          
          

    6. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project.

       
       

    7. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make

       
       

       best efforts to obtain the Department’s input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work.

       
       

12. Contracts of the Agency:

    
    

    1. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review.

       
       

    2. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the Agency’s purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement.

       
       

    3. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency’s full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act.

       
       

    4. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.

       
       

13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement:

    
    

    1. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement.

       
       

14. Sale, Transfer, or Disposal of Department-funded Property:

    
    

    1. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department.

       
       

    2. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real property, facilities, or equipment is approved by the Department, the following provisions will apply:

       
       

       1. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property.

          
          

       2. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale.

          
          

       3. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department.

          
          

       4. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations.

          
          

    3. The terms of provisions “a” and “b” above shall survive the termination of this Agreement.

       
       

       1. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement.

          
          

       2. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds.

          
          

15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below.

    
    

    Federal Funded:

    
    

    1. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any

       
       

       inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General.

       
       

    2. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements:

       
       

       1. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “H”, Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part.

          
          

       2. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements.

          
          

       3. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than Federal entities).

          
          

       4. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F

          – Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements.

          
          

       5. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an

          
          

          audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following:

          
          

          1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department;

          2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance;

          3. Wholly or partly suspend or terminate the Federal award;

          4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency);

          5. Withhold further Federal awards for the Project or program;

          6. Take other remedies that may be legally available.

             
             

       6. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.

       7. The Department’s contact information for requirements under this part is as follows: Office of Comptroller, MS 24

          605 Suwannee Street

          Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us

          
          

          State Funded:

          
          

          1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General.

             
             

          2. The Agency, a “nonstate entity” as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements:

             
             

             1. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “G”, Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial

                
                

                assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements.

                
                

             2. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.

                
                

             3. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than State entities).

                
                

             4. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to:

                
                

                Florida Department of Transportation Office of Comptroller, MS 24

                605 Suwannee Street

                Tallahassee, Florida 32399-0405 FDOTSingleAudit@dot.state.fl.us

                
                

                And

                
                

                State of Florida Auditor General Local Government Audits/342

                111 West Madison Street, Room 401

                Tallahassee, FL 32399-1450

                Email: flaudgen_localgovt@aud.state.fl.us

                
                

             5. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.

                
                

             6. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package.

                
                

                
                

             7. Upon receipt, and within six months, the Department will review the Agency’s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance.

                
                

             8. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.

                
                

          3. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department.

          
          

16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties’ respective Administrators or their designees.

    
    

17. Restrictions, Prohibitions, Controls and Labor Provisions:

    
    

    1. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

       
       

    2. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

       
       

    3. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency.

       
       

    4. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes.

       
       

    5. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement.

       
       

    6. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes.

       
       

    7. E-Verify. The Agency shall:

       
       

       1. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and

          
          

       2. Expressly require any subcontractors performing work or providing services pursuant to the state 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.

          
          

    8. Executive Order 20-44. Pursuant to Governor’s Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole-source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding.

       
       

    9. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity.

       
       

18. Indemnification and Insurance:

    
    

    1. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims

       
       

       for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify and hold harmless 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 negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement:

       
       

       “To the fullest extent permitted by law, the Agency’s contractor/consultant shall indemnify and hold harmless the Agency 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 negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement.

       
       

       This indemnification shall survive the termination of this Agreement.”

       
       

    2. The Agency shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law.

       
       

    3. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department 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 $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or

       
       

       coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have.

       
       

    4. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of- way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy

       or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates 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 may have.

       
       

    5. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above.

       
       

19. Miscellaneous:

    
    

    1. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith.

       
       

    2. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.

       
       

    3. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law.

       
       

    4. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement.

       
       

    5. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.

       
       

    6. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project.

       
       

    7. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party.

       
       

    8. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services’ Florida Accountability Contract Tracking System (FACTS).

       
       

    9. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

       
       

    10. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.

AGENCY Manatee County Port Authority

By:                    Name:

Title:             

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

By:

Name:  John Kubler, P.E.                Title:  Director of Transportation Development    

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

Legal Review:

Don Conway, Senior Attorney (as to legality and form

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

OGC 02/20

EXHIBIT A

Project Description and Responsibilities

1. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): This Agreement provides for the Department's financial participation in Port Manatee’s berth rehabilitation and reconstruction initiative for berths 4 through 14. For context, when berths are taken out-of-service, the port has to shift vessel activities to berths that are remaining in-service. The timing of individual berthing rehabilitation activities requires flexibility. Rehabilitation and reconstruction of berths 4 through 14 includes two components.

   
   

   1. The combined berth length of berths 4 and 5 is only 1,200 feet, making it difficult to support vessel operations on each berth simultaneously. In addition, there is an area of overlapped use between berths 4 and 5, which experiences double the use of each individual berth, leading to increased wear and tear of this overlapping area. A reconstruction of berth 4 is the most viable approach to correct the design of the Port’s North Port area, maximize the Port’s operating capacity, and to extend the design life of berths 4 and 5.

      
      

   2. Berths 6 through 14 need improvements to ensure operational and functional capabilities between all berths. Rehabilitation and construction activities are needed to restore and maintain their functionality and allow for continued cargo operations.

   
   

2. Project Location (limits, city, county, map): Palmetto, Florida

   
   

3. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): This Project includes the environmental work, design work, and construction work required to complete the Berth development activities described in the Project Description, including: aids to navigation; apron improvements; asphalt paving activities; benthic studies; berthing area widening and deepening; bulkhead caps; bulkhead wall excavation, patching, backfilling and grouting; cap faces repair or installation; cable protection systems; cap soffits repair or installation; cast in place concrete; cathodic protection; compaction; concrete beams; construction; construction inspection cost; construction management; construction services; consulting services; contractor stand-by; cost estimates; crack repairs; crane rail repair or installation; deck ballast; demobilization; demolition; electrical systems; engineering services; environmental assessments; fasteners and connectors; fenders and bollards; form work; geotechnical services; historical resource studies; inspection costs; installation and testing; lighting systems; mitigation assessments; mobilization; panel soffits repair or installation; permitting; pilings; plan development (e.g., 30 / 60 / 90 / 100 % and as-builts); precast concrete; preconstruction engineering and design; procurement costs; rebar repair or installation; reconstruction of underdeck concrete; seagrass studies; sheet piling; shore and slope protection; sidewalk and walkway systems; signage and way finding; steel; stormwater management; striping of roadway or storage areas; structural components; surveying; temporary structures; tie-back systems; turning basin widening and deepening; and, water quality protection structures.

   
   

4. Deliverable(s):

   
   

   The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency.

   
   

5. Unallowable Costs (including but not limited to): Travel costs are not allowed.

   
   

6. Transit Operating Grant Requirements (Transit Only):

   
   

   Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for

   
   

   STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

   PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

   Form 725-000-02 STRATEGIC DEVELOPMENT

   OGC 02/20

   
   

   Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met.

   

   

   DocuSign Envelope ID: E43A5A06-0BE4-4F50-B84D-F5FA42ED77BF

   Project Location

   Approximate Location

   
   

   

   
   

   

   

   ············-···· · ·

   
   

   Qo

   
   

   -,. ••• ■ ••••••••••••• ■ ..............

   Page 19 of 33

   STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

   PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

   Form 725-000-02 STRATEGIC DEVELOPMENT

   OGC 02/20

   
   

   EXHIBIT B

   
   

   Schedule of Financial Assistance

   
   

   FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:

   
   

   1. Fund Type and Fiscal Year:

      
      

      Financial Management Number	Fund Type	FLAIR Category	State Fiscal Year	Object Code	CSFA/ CFDA Number	CSFA/CFDA Title or Funding Source Description	Funding Amount
      433457-1-94-06	DPTO	088794	2022	751000	55.005	Seaport Grant Program	$5,000,000
      433457-1-94-06	LF	088794	2022	-	-	Local Matching Funds	$1,666,667
      	Total Financial Assistance						$6,666,667

      
      

   2. Estimate of Project Costs by Grant Phase:

      
      

      Phases*	State	Local	Federal	Totals	State %	Local %	Federal %
      Land Acquisition	$0.00	$0.00	$0.00	$0.00	0.00	0.00	0.00
      Planning	$0.00	$0.00	$0.00	$0.00	0.00	0.00	0.00
      Environmental/Design/Construction	$5,000,000.00	$1,666,667.00	$0.00	$6,666,667.00	75.00	25.00	0.00
      Capital Equipment/ Preventative Maintenance	$0.00	$0.00	$0.00	$0.00	0.00	0.00	0.00
      Match to Direct Federal Funding	$0.00	$0.00	$0.00	$0.00	0.00	0.00	0.00
      Mobility Management (Transit Only)	$0.00	$0.00	$0.00	$0.00	0.00	0.00	0.00
      Totals	$5,000,000.00	$1,666,667.00	$0.00	$6,666,667.00

      *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement.

      
      

      BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:

      
      

      I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached.

      
      

      

      

      3/11/2022 | 10:19 AM EST

      Signature

      Date

      Kristi A. Smith, CPM, PLS Department Grant Manager Name

      STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

      PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

      Form 725-000-02 STRATEGIC DEVELOPMENT

      OGC 02/20

      
      

      EXHIBIT C

      
      

      TERMS AND CONDITIONS OF CONSTRUCTION

      
      

      1. Design and Construction Standards and Required Approvals.

         
         

         1. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design-build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project.

            
            

         2. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non-construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department’s Project Manager,  FDOT District 1 Seaport Coordinator (email: keith.robbins@dot.state.fl.us) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement.

            
            

         3. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department’s Project Manager prior to bidding or commencing construction of the Project.

            
            

         4. The Agency shall require the Agency’s contractor to post a payment and performance bond in accordance with applicable law(s).

            
            

         5. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards.

            
            

         6. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer’s Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation.

            
            

      2. Construction on the Department’s Right of Way. If the Project involves construction on the Department’s right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department’s right-of-way:

         
         

         1. The Agency shall hire a qualified contractor using the Agency’s normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project.

            STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

            PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

            Form 725-000-02 STRATEGIC DEVELOPMENT

            OGC 02/20

            
            

         2. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads.

            
            

         3. The Project shall be designed and constructed in accordance with the latest edition of the Department’s Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Green Book”), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project.

            
            

         4. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is FDOT District 1 Seaport Coordinator.

            
            

         5. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation.

            
            

         6. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility.

            
            

         7. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities.

            
            

         8. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department’s right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or

            STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

            PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

            Form 725-000-02 STRATEGIC DEVELOPMENT

            OGC 02/20

            
            

            estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S.

            
            

         9. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s property, including but not limited to, the Department’s right-of-way.

            
            

         10. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project.

             
             

         11. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities.

             
             

         12. If the Department determines a condition exists which threatens the public’s safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department.

             
             

         13. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way.

             
             

         14. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations.

             
             

         15. The acceptance procedure will include a final “walk-through” by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency’s property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project.

             
             

         16. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the “Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense,

             STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

             PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

             Form 725-000-02 STRATEGIC DEVELOPMENT

             OGC 02/20

             
             

             without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice.

             
             

         17. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project.

             
             

         18. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately.

             
             

         19. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards.

             
             

         20. Restricted hours of operation will be as follows, unless otherwise approved by the Department’s District Construction Engineer or designee (insert hours and days of the week for restricted operation): Not Applicable

             
             

         21. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department’s Public Information Office is:

             
             

             Insert District PIO contact info:

             Phone: (863) 519-2362; Fax: (239) 338-2353

             
             

             Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement)

             
             

      3. Engineer’s Certification of Compliance. The Agency shall complete and submit and if applicable Engineer’s Certification of Compliance to the Department upon completion of the construction phase of the Project.

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

OGC 02/20

ENGINEER’S CERTIFICATION OF COMPLIANCE

PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN

THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

and                   

PROJECT DESCRIPTION:                                            DEPARTMENT CONTRACT NO.:                                        FINANCIAL MANAGEMENT NO.:                           

In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans for construction on the Department’s Right of Way certified by the Engineer of Record/CEI.

By:                     , P.E.

SEAL: Name:                       Date:          

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

OGC 02/20

EXHIBIT D AGENCY RESOLUTION

PLEASE SEE ATTACHED

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

OGC 06/19

EXHIBIT E

PROGRAM SPECIFIC TERMS AND CONDITIONS – INTERMODAL ACCESS

The Program Specific Terms and Conditions - Intermodal Access, are to be used for capacity projects only, such as: intermodal studies (feasibility, preliminary design and engineering); fixed guide-way systems; capacity road and capacity rail projects that are designed to terminate at major modal facilities (airports, seaports, railroad and transit terminals, etc.); intermodal and multi-modal transportation terminals; development of dedicated bus lanes; or public projects that otherwise facilitate the intermodal movement of people and goods.

1. General.

   1. These assurances shall form an integral part of the Agreement between the Department and the Agency.

   2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities and Exhibit “B”, Schedule of Financial Assistance as well as serving to protect public investment in the intermodal system.

   3. The Agency shall comply with the assurances as specified in this Agreement.

      
      

2. Required Documents. The documents listed below, as applicable, are required to be submitted to the Department by the Agency in accordance with the terms of this Agreement:

   1. Quarterly Progress Reports provided within thirty (30) days of the end of each calendar year quarter, if requested by the Department.

   2. Electronic invoice summaries and backup information, including a progress report must be submitted to the District Office when requesting payment.

   3. All proposals, plans, specifications, and third party contracts covering the Project.

      
      

3. Duration of Terms and Assurances.

   1. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility, but shall not exceed 20 years from the effective date of this Agreement.

   2. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida.

      
      

4. Compliance with Laws and Rules. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local governments, which may apply to the Project. Including but not limited to the following (current version of each):

   1. Florida Statutes (F.S.)

   2. Local Government Requirements

      1. Local Zoning/Land Use Ordinance

      2. Local Comprehensive Plan

         
         

5. Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, including but not limited to the following:

   1. Federal Requirements

   2. Local Government Requirements

      1. Local Building Codes

      2. Local Zoning Codes

   3. Department Requirements

      1. Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (commonly referred to as the “Florida Green Book”)

      2. Manual on Uniform Traffic Control Devices

         
         

6. Consistency with Local Government Plans.

   1. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility.

      STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

      PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

      Form 725-000-02 STRATEGIC DEVELOPMENT

      OGC 06/19

      
      

   2. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project.

   3. The Agency assures that the Comprehensive Master Plan, if applicable, is incorporated as part of the approved local government comprehensive plan as required by Chapter 163, F.S.

      
      

7. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will:

   1. Acquire the land in accordance with federal and state laws governing such action.

   2. Maintain direct control of Project administration, including:

      1. Maintain responsibility for all related contract letting and administrative procedures.

      2. Secure written Department approval to execute each agreement for the purchase of real property with any third party.

      3. Ensure a qualified, State certified general appraiser provides all necessary services and documentation.

      4. Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal.

      5. Establish a Project account for the purchase of the land.

      6. Collect and disburse federal, state, and local Project funds.

   3. The Agency assures that it shall use the land for intermodal purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition.

      
      

8. Preserving Rights, Powers and Interest.

   1. The Agency will not take or permit any action that would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency.

   2. If an arrangement is made for management and operation of the funded facility or equipment by any entity or person other than the Agency, the Agency will reserve sufficient rights and authority to ensure that the funded facility or equipment will be operated and maintained in accordance with the terms and assurances of this Agreement.

   3. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in the funded facility or equipment without prior written approval by the Department. This assurance shall not limit the Agency’s right to lease intermodal property, facilities or equipment for intermodal-compatible purposes in the regular course of business.

      
      

9. Third Party Contracts. The Department reserves the right to approve third party contracts, except that written approval is hereby granted for:

   1. Execution of contracts for materials from a valid state or intergovernmental contract. Such materials must be included in the Department approved Project scope and/or quantities.

   2. Other contracts less than $5,000.00 excluding engineering consultant services and construction contracts. Such services and/or materials must be included in the Department approved Project scope and/or quantities.

   3. Construction change orders less than $5,000.00. Change orders must be fully executed prior to performance of work.

   4. Contracts, purchase orders, and construction change orders (excluding engineering consultant services) up to the threshold limits of Category Three. Such contracts must be for services and/or materials included in the Department approved Project scope and/or quantities. Purchasing Categories and Thresholds are defined in Section 287.017, F.S., and Chapter 60, Florida Administrative Code. The threshold limits are adjusted periodically for inflation, and it shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Agreement section comply with the current threshold limits. Obligations made in excess of the appropriate limits shall be cause for Department non- participation.

   5. In all cases, the Agency shall include a copy of the executed contract or other agreement with the backup documentation of the invoice for reimbursement of costs associated with the contract.

-- End of Exhibit E –

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

OGC 02/20

EXHIBIT E

PROGRAM SPECIFIC TERMS AND CONDITIONS – SEAPORTS

1. General.

   1. These assurances shall form an integral part of the Agreement between the Department and the Agency.

   2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities and Exhibit “B”, Schedule of Financial Assistance as well as serving to protect public investment in seaports and the continued viability of the State Seaport System.

   3. The Agency shall comply with the assurances as specified in this Agreement.

      
      

2. Required Documents. The documents listed below, as applicable, are required to be submitted to the Department by the Agency in accordance with the terms of this Agreement:

   1. Quarterly Progress Reports provided within thirty (30) days of the end of each calendar year quarter, if requested by the Department.

   2. Electronic invoice summaries and backup information, including a progress report must be submitted to the District Office when requesting payment.

   3. All proposals, plans, specifications, and third party contracts covering the Project.

   4. The Agency will upload required and final close out documents to the Department's web-based grant management system (e.g., SeaCIP.com).

      
      

3. Duration of Terms and Assurances.

   1. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for a seaport development project, but shall not exceed 20 years from the effective date of this Agreement.

   2. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida.

      
      

4. Compliance with Laws and Rules. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local governments, which may apply to the Project. Including but not limited to the following (current version of each):

   1. Chapter 311, Florida Statutes (F.S.)

   2. Local Government Requirements

      1. Local Zoning/Land Use Ordinance

      2. Local Comprehensive Plan

         
         

5. Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, including but not limited to the following:

   1. Federal Requirements

   2. Local Government Requirements

      1. Local Building Codes

      2. Local Zoning Codes

   3. Department Requirements

      1. Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”)

      2. Manual on Uniform Traffic Control Devices

         
         

6. Consistency with Local Government Plans.

   1. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the seaport.

   2. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project.

      STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

      PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

      Form 725-000-02 STRATEGIC DEVELOPMENT

      OGC 02/20

      
      

   3. The Agency assures that the Comprehensive Master Plan, if applicable, is incorporated as part of the approved local government comprehensive plan as required by Chapter 163, F.S.

      
      

7. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will:

   1. Acquire the land in accordance with federal and state laws governing such action.

   2. Maintain direct control of Project administration, including:

      1. Maintain responsibility for all related contract letting and administrative procedures.

      2. Ensure a qualified, State certified general appraiser provides all necessary services and documentation.

      3. Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal.

      4. Establish a Project account for the purchase of the land.

      5. Collect and disburse federal, state, and local Project funds.

   3. The Agency assures that it shall use the land for seaport purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition.

      
      

8. Preserving Rights, Powers and Interest.

   1. The Agency will not take or permit any action that would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency.

   2. If an arrangement is made for management and operation of the funded facility or equipment by any entity or person other than the Agency, the Agency shall reserve sufficient rights and authority to ensure that the funded facility or equipment will be operated and maintained in accordance with the terms and assurances of this Agreement.

   3. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in the funded facility or equipment without prior written approval by the Department. This assurance shall not limit the Agency’s right to lease seaport property, facilities or equipment for seaport-compatible purposes in the regular course of seaport business.

      
      

9. Third Party Contracts. The Department reserves the right to approve third party contracts, except that written approval is hereby granted for:

   1. Execution of contracts for materials from a valid state or intergovernmental contract. Such materials must be included in the Department approved Project scope and/or quantities.

   2. Other contracts less than $5,000.00 excluding engineering consultant services and construction contracts. Such services and/or materials must be included in the Department approved Project scope and/or quantities.

   3. Construction change orders less than $5,000.00. Change orders must be fully executed prior to performance of work.

   4. Contracts, purchase orders, and construction change orders (excluding engineering consultant services) up to the threshold limits of Category Three. Such contracts must be for services and/or materials included in the Department approved Project scope and/or quantities. Purchasing Categories and Thresholds are defined in Section 287.017, F.S., and Chapter 60, Florida Administrative Code. The threshold limits are adjusted periodically for inflation, and it shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Agreement comply with the current threshold limits. Obligations made in excess of the appropriate limits shall be cause for Department non- participation.

   5. In all cases, the Agency shall include a copy of the executed contract or other agreement with the backup documentation of the invoice for reimbursement of costs associated with the contract.

      
      

10. Inspection or verification and approval of deliverables. Section 215.422(1), F.S., allows 5 working days for the approval and inspection of goods and services unless the bid specifications, purchase orders, or contracts specifies otherwise. The Agreement extends this timeline by specifying that the inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of an invoice.

    STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

    PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

    Form 725-000-02 STRATEGIC DEVELOPMENT

    OGC 02/20

    
    

11. Federal Navigation Projects

    1. Funding reimbursed from any federal agency for this Project shall be remitted to the Department, in an amount proportional to the Department’s participating share in the Project. The Agency shall remit such funds to the Department immediately upon receipt.

    2. Department funding, as listed in Exhibit “B”, Schedule of Financial Assistance, may not be used for environmental monitoring costs.

       
       

12. Acquisition of Crane. Department funding, as listed in Exhibit “B”, Schedule of Financial Assistance will be cost reimbursed using the following schedule, unless stated otherwise in Exhibit “A”, Project Description and Responsibilities:

    1. Sixty (60) percent after landside delivery and acceptance by the Agency.

    2. Forty (40) percent after installation and commissioning has been completed.

-- End of Exhibit E --

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

OGC 02/20

EXHIBIT F

Contract Payment Requirements

Florida Department of Financial Services, Reference Guide for State Expenditures

Cost Reimbursement Contracts

Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided.

Listed below are types and examples of supporting documentation for cost reimbursement agreements:

1. Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.

   
   

2. Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.

   
   

   Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits.

   
   

3. Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means.

   
   

4. Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State.

   
   

5. In-housecharges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.

   
   

6. Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown.

Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.

The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf.

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

OGC 02/20

EXHIBIT G

AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE

THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~

Awarding Agency: Florida Department of Transportation

State Project Title: Seaport Grant Program

CSFA Number: 55.005

*Award Amount: $5,000,000

*The award amount may change with amendments

Specific project information for CSFA Number 55.005 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx

COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT:

State Project Compliance Requirements for CSFA Number 55.005 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx

The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx

DocuSign Envelope ID: E43A5A06-0BE4-4F50-B84D-F5FA42ED77BF

To: Kristi.Smith@dot.state.fl.us

FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL

G2710 3/11/2022

CONTRACT INFORMATION

FUNDS APPROVAL INFORMATION

FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 3/11/2022

Total Amount: $5,000,000.00

Page1 of 1

Certificate Of Completion

Envelope Id: E43A5A060BE44F50B84DF5FA42ED77BF Status: Completed Subject: Please DocuSign: Port_G2710_433457-1-94-06_Berth Rehab & Reconstruction_Original PTGA_Draft for...

Contract Number (ex. C9A12, optional): G2710 Document Contains Confidential Information?: No

Fin Proj Num (ex.123456-1-32-01, Optional): 433457-1-94-06 Office (contact Procurement if add is needed):

Seaports

HR Action?: No Source Envelope:

Document Pages: 34 Signatures: 1 Envelope Originator:

Certificate Pages: 2 Initials: 1 Kristi A. Smith

AutoNav: Enabled

EnvelopeId Stamping: Enabled

Time Zone: (UTC-05:00) Eastern Time (US & Canada)

605 Suwannee Street

MS 20

Tallahassee, FL 32399-0450 kristi.smith@dot.state.fl.us

IP Address: 156.75.180.190

Florida Department of Transportation

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style Using IP Address: 156.75.180.190

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Don Conway don.conway@dot.state.fl.us Senior Attorney

Florida Department of Transportation Security Level: Email, Account Authentication

Signature Adoption: Pre-selected Style

Sent: 3/11/2022 10:19:52 AM Viewed: 3/11/2022 3:31:20 PM Signed: 3/11/2022 3:32:25 PM

April 21, 2022

CONSENT

AGENDA ITEM 3.H.: DELETION OF PORT ASSETS BACKGROUND:

Several old, obsolete assets which are no longer in use and are uneconomical to upgrade or repair are considered surplus and should be removed from the Manatee County Port Authority Fixed Assets Listing. The surplus assets will be offered for public bid, auctioned, destroyed and/or E-scrapped.

ATTACHMENT:

Asset Deletion - April 21, 2022

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

Delay in updating property records.

LEGAL REVIEW: N/A

RECOMMENDATION:

Remove assets as listed on the attached Asset Deletion – April 21, 2022, from the Fixed Assets Listing.

Asset Deletion - April 21, 2022

April 21, 2022

CONSENT

AGENDA ITEM 3.I.: CARVER MARITIME, LLC LEASE AMENDMENT SEVEN

BACKGROUND:

On August 16, 2018, the Authority approved the lease of 10 acres with Carver Maritime, LLC (Carver). Amendments One through Six were previously approved increasing the lease footprint, revising the term start and end dates, and revising the minimum annual guaranteed tonnage. Amendment Seven extends the deadline seven months for improvements to be completed on the Bay Street North Parcel. The new deadline is December 31, 2022.

ATTACHMENT:

Port Manatee and Carver Maritime, LLC Lease Amendment Seven

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

Delay in approving lease amendment

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman, on behalf of the Port Authority, to execute the Port Manatee and Carver Maritime, LLC Lease Amendment Seven extending improvements deadline until December 31, 2022, on the Bay Street North Parcel.

PORT MANATEE AND CARVER MARITIME, LLC LEASE AMENDMENT SEVEN

The terms· and conditions of this Port Manatee and Carver Maritime, LLC Lease Amendment Seven between ort Manatee and Carver Maritime, LLC ( "Amendment Seven"), made and entered into by and between the MANATEE COUNTY PORT AUTHORITY, a political entity of the State of Florida, with its principal place of business located at Port Manatee, 300 Tampa Bay Way, Palmetto, Florida 34221, ("Authority"), and CARVER MARITIME LLC, a foreign limited liability company duly organized and existing under the laws of the State of New York and authorized to do business in the State of Florida, with a place of business located at 494 Western Turnpike, Altamont, New York 12009, ("Carver" or "Lessee") (collectively referred to as the "Parties"), for and in consideration of the mutual covenants herein contained and other good and valuable consideration, amend the certain Port Manatee and Carver Maritime, LLC Lease entered into by the Parties dated August 16, 2018 ("Lease"), Port Manatee and Carver Maritime,

LLC Lease Amendment One entered into by the Parties dated July 23, 2019 ("Amendment One"),

.,

Port Manatee and Carver Maritime, LLC Lease Amendment Two entered into by the Parties dated August 15, 2019 ("Amendment Two"), Port Manatee and Carver Maritime, LLC Lease Amendment Three entered into by the Parties dated October 8, 2019 ("Amendment Three"), Port Manatee and Carver Maritime, LLC Lease Amendment Four entered into by the Parties dated September 29, 2020 ("Amendment Four"), Port Manatee and Carver Maritime, LLC Lease Amendment Five entered into by the Parties dated May 20, 2021 ("Amendment Five"), and Port Manatee and Carver Maritime, LLC Lease Amendment Six entered into by the Parties dated January 25, 2022 ("Amendment Six"), and state as follows:

1. CONSIDERATION. The Parties agree and represent that as a result of economic conditions, mutual covenants, the long-term benefits to both Parties, and other good and valuable consideration, this Amendment Seven shall govern the Parties' responsibilities regarding paragraphs entitled "Rent" (paragraph 5) and "Improvements" (paragraph 8) of the Lease, Amendment One, Amendment Two, Amendment Three, Amendment Four, Amendment Five, and Amendment Six.

2. SCOPE. This Amendment Seven is being entered into for the purpose of amending, modifying and superseding paragraphs 5 and 8 of the Lease, Amendment One, Amendment Two, Amendment Three, Amendments Four, Amendment Five, and Amendment Six. Except to the extent herein amended, all other provisions set forth in the Lease, Amendment One, Amendment Two, Amendment Three, Amendment Four, Amendment Five, and Amendment Six shall remain in full force and effect and be binding upon the Authority and Carver. The Parties agree that all capitalized terms used in this Amendment Seven that are not otherwise defined, shall have the meaning defined in the Lease. In entering into Amendment Seven, the Parties acknowledg¢ that in no way has the Authority waived any of its rights or claims it may have against Carver.

3. AMENDMENT. The Parties agree to amend, modify, and supersede the text (but not the Exhibits referenced) in paragraphs 5 and 8 of the Lease, Amendment One, Amendment Two, Amendment Three, Amendment Four, Amendment Five, and Amendment Six as follows:

   1. Paragraph 5 titled "Rent" is amended to read as follows:

      
      

      5. RENT. The Lessee shall pay to the Authority rent for the demised premises, payable monthly in advance together with any applicable Florida sales taxes on rent payable at the same time.

      10 Acre Parcel - The rent for the 10-acre Parcel is as follows:

      • Years 1-3: $2,600 per acre per month

      • Years 4-5: $3,600 per acre per month

        Should the Lessee .exercise its option to extend the duration or term for the 10-acre Parcel as set forth in the paragraph of this Lease entitled "Term," the annual rent for each year during the extended term(s) will be as follows:

      • Years 6-10: $4,417 per acre per month

      • Years 11-15: the amount of the increase will be determined by multiplying the annual rent by the percentage of change and the most recently published

        U.S. Department of Labor All Urban Consumer Price Index ("CPI-U"), all items, not to exceed three percent (3%) in any five (5) year lease period. The percentage change will be computed by comparing index figures published for the month closest to the Lease year anniversary date with the same month of the preceding fifth lease year. For example, if the Lease commencement date is October 1, 2018, the adjustment for the annual rental due on October 1, 2023 will be calculated by using the index published for the most recent month available prior to October 1, 2018 and comparing it to the index published for the same month of the year 2023 subject to the 3% percent cap. The index to be used will be the most recently published

        U.S. Department of Labor, All Urban Consumer Price Index. Annual rent on an extended term must never be less than $4,417 per acre per month and will only increase in accordance with the above formula.

      • Years 16-20: The rent will be an amount equal to ten percent (10%) of the fair market value of the 10-acre Parcel as determined by the most recent appraisal obtained by the Authority of the fair market value of all of the real property at Port Manatee in accordance with the paragraph of this Lease entitled "Appraisals," but will not exceed twenty-five percent (25%) of annual rent paid during the preceding five-year period.

        
        

        Mooring Area - The rent for the Mooring Area is as follows:

        

      • Years 1-5: $3,500 per month flat fee

      • Years 6-10: CPI increase, maximum 3%, calculated in the beginning of year 6 and applicable throughout the term. Annual rent after year 5 must never be less than $3,500 per acre per month and will only increase in accordance with the above formula.

      The Port Manatee Tariff in e.ffect will be assessed for all charges for dockage, wharfage, line handling, water, security and harbor master fees when any of the barges makes fast to any of the

      Port's berths.

      
      

      1. Acre Parcel - The rent for the 7-acre Parcel is as follows:

         • There will be no rent due for the 7-acre Parcel from October 9, 2019 through March 31, 2020.

         • Beginning April 1, 2020 through September 30, 2023, the rental will be

           $2,600 per acre per month.

           Should the Lessee exercise its option to extend the duration or term for the 7-acre Parcel as set forth in the paragraph of this Lease entitled "Term" the annual rent for each year during the extended term(s) will be as follows:

         • Years 5-7: $3,600 per acre per month

         • Years 8-10: $4,417 per acre per month

         • Years 11-15: the amount of the increase w}II be determined by multiplying the annual rent by the percentage of change and the most recently published

           U.S. Department of Labor All Urban Consumer Price Index ("CPI-U"), all items, not to exceed three percent (3%) in any five (5) year lease period. The percentage change will be computed by comparing index figures published for the month closest to the Lease year anniversary date with the same month of the preceding fifth lease year. For example, if the Lease commencement date is October 1, 2019, the adjustment for the annual rental due on October 1, 2024 will be calculated by using the index published for the most recent month available prior to October l, 2019 and comparing it to the index published for the same month of the year 2024 subject to the 3% percent cap. The index to be used will be the most recently published

           

           

           U.S. Department of Labor, All Urban Consumer Price Index. Annual rent

           on an extended term must never be less than $4,417 per acre per month and will only increase in accordance with the above formula.

         • Years 16-19: The rent will be an amount equal to ten percent (10%) of the fair market value of the 7-acre Parcel as determined by the most recent

           apprais.al obtained by the Authority of the fair market value of all of the real property at Port Manatee in accordance with the paragraph of this Lease

           entitled "Appraisals," but will not exceed twenty-five percent (25%) of annual rent paid during the preceding five-year period.

           
           

           

           Bay Street orth Parcel - The Parties recognize that the market rent of the Bay Street North Parcel is $3,600 per useable acre per month upon completion of the proposed site and access improvements. The Authority reserves the right to re iew and appro e the site plan. Carver agrees to make certain impro ements to the Ba Street orth Parcel at its sole cost and expense in the amount not to exceed approximate! One ·11ion Dollars ( 1 000,000.00), which includes the design, regulatory approvals, site grading, drainage installation, construction of new roadways, installation of fencing, installation of certain utilities and stabilization of the Bay Street North Parcel. If Lessee desires to make improvements for the Bay Street North Parcel in excess of the One Million Dollars ($1,000,000.00) then the Lessee must first obtain approval by the Authority in accordance with the paragraph of this Lease entitled "Improvements." These certain improvements on the Bay Street orth Parcel are more specifically described in the attached, incorporated by reference, and made a part of this Lease as Exhibit "H." The Authority desires to own these improvements as Authority assets, upon expiration or termination of the Lease and therefore, the Parties agree that the Authority shall reimburse the Lessee for these certain improvements in the form ofrent reductions during the construction of, and initial use of these certain improvements for cargo storage, and that the Authority shall take possession of these certain improvements at the expiration or termination of the Lease for no additional compensation to the Lessee. The Lessee shall pay to the Authority rent for the Demised Premises, payable monthly in advance together with any applicable Florida sales taxes on rent payable at the same time. The rent for the Bay Street North Parcel is as follows:

           • Until cargo is stored on the Bay Street North Parcel or the Bay Street North Parcel Improvement Deadline occurs, whichever occurs first:

             $10.00 per acre per month charged for all IO acres.

           • For any cargo stored at the Bay Street North Parcel during the Initial Term for Bay Street North Parcel: The rent will be $2,600 per acre

             0

             per month for the acreage where the cargo was stored, which will be

             credited towards the total costs of the improvements identified in Exhibit H. The rent will be $10 per acre per month for any remaining acres without cargo stored before the Bay Street North Parcel Improvement Deadline. If cargo is placed on any portion of the Bay Street North Parcel anytime during a month, the per acre amount will be calculated by rounding the acreage up to the closest full acre used, and not less than 1 acre, for that month. As a result of this reduced/credited rent for this period, the Authority's total credit to the Lessee for the total cost of the improvements identified in Exhibit H will be calculated as follows: $2,600 x acre(s) of stored cargo x month and credited towards the total cost of the improvements identified in Exhibit H.

             • If the improvements in Exhibit Hare not complete by the Bay Street

               .,

               North Parcel Improvement Deadline, then the rent for any acre of the Bay Street Parcel that does not have cargo stored will be $3,600 per acre per month.

               
               

               Should the Lessee exercise its option to extend the duration or term for the Bay Street North Parcel as set forth in the paragraph of the Lease entitled "Term" the annual rent for each year during the extended term(s) will be as follows:

               

               • Throughout the first extended term (Years 4-9) or until the time when the total credits to the Lessee equal the costs of construction ofimprovements identified in Exhibit H, whichever occurs first: The rent will be $2,600 per Useable Acre per month which will be credited towards the total costs of the improvements identified in

                 Exhibit H. Useable Acre shall mean any acres that are suitable for storage of cargo upon completion of any of the upgrades (such as any building pad or laydown site, but shall not include stormwater area), regardless of whether the acreage is currently in use. The rent will be $10 per acre per month for any remaining acres that are not 'usable Acres. As a result of this reduced/credited rent for this period, the Authority's total credit to the Lessee for the total cost of the improvements identified in Exhibit H is calculated as $2,600 x all Usable Acres x 12 months and credited towards the total cost of the impro ements identified in Exhibit H.

               • After the time when the total credits to the Lessee equal the costs of construction of impro ements identified in Exhibit H, in the first extended term ear 4-9): The rent will be $3,600 per Useable Acre per month and 10 per acre per month for any remaining acres that are not Usable cres.

               

           • Years 10-15: The amount of the increase will be determined by multiplying the annual rent b the percentage of change and the most recently pubLished U.S. Department of Labor All Urban Consumer Price Index ( CPI-U' ), all items, not to exceed three percent (3%) in any fi e (5) year lease period. The percentage change will be computed by comparing index figures published for the month closest to the Lease year anniversary date with the same month of the preceding fifth lease year. For example, the adjustment for the annual rental due on October 1, 2023 will be calculated by using the index published for the most recent month available prior to the May 20, 2021 and comparing it to the index published for the same month of the year 2023 subject to the 3% percent cap. The index to be used will be the most recently published U.S. Department of Labor, All Urban Consumer Price Index. Annual rent on an extended term must never be less than

             $3,600 per acre per month and will only increase in accordance with the above formula.

           • Years 16-20: The rent will be an amount equal to ten percent (10%) of the fair market value of the Bay Street North Parcel as

      .determined by the most recent appraisal obtained by the Authority

      of the fair market value of all of the real property at Port Manatee in accordance with the paragraph of the Lease entitled "Appraisals," but will not exceed twenty-five percent (25%) of annual rent paid during the preceding five-year period.

      To determine the cargo stored at the Bay Street orth Parcel for the purposes of calculating the rent payable to the Authority, the Lessee shall allow the Authority, in the manner the Authority elects, to inspect the Bay Street orth Parcel upon at least forty-eight (48) hours prior written notice to the Lessee. If the Authority determines, at the Authority's sole and absolute discretion, that cargo is being stored on the Bay Street orth Parcel, the rent owed to the Authority shall be adjusted the month following the inspection according to the terms specified in this section. There shall be no limit on the number of inspections the Authority may conduct under this section of the Lease.

      
      

      Warehouse 3 - The Lessee shall pay to the Authority rent for Warehouse 3, payable in advance together with any applicable Florida sales taxes on rent payable at the same time. The rent for Warehouse 3 is as follows:

      

      • Beginning July 1, 2022 through December 31, 2022: The rent for 30,129.44 square feet in Warehouse 3 (which excludes the office space) @ $0.52 per square foot, totals $15,667.31 per month together with any applicable Florida Sales taxes. In recognition of the Carver's extensive investment in and preparation of Port property for significant future business over the last year, the Parties agree that in exchange for the Warehouse 3 Credit Improvements, which are more particularly described in the paragraph of this Lease entitled "Improvements," Carver will be credited $15,667.31 per month during July 1, 2022 to December 31, 2022, for a total credit not to exceed $97,500. In order

        to receive the monthly credit, Carver must provide invoices and payment of the invoices to evidence the costs to Carver for the Warehouse 3 Credit lmprovements by no later than the end of each month that a credit is sought. The total amount of credits for the Warehouse 3 rent (excluding the office

        space) shall.not to exceed $97,500.

      • Beginning July 1, 2022 through August 31, 2022: The rent for 2,313.50 square feet in office space in Warehouse 3 @ $0.62 per month, totals $1,434.37, together with any applicable Florida sales tax. In exchange for the Warehouse 3 Credit Improvements, Carver will be credited $1,434.37 for each month of rent during July and August 2022. In order to receive the monthly credit, Carver must provide invoices and payment of the invoices to evidence the costs to Carver for the Warehouse 3 Credit Improvements by the end of each month that a credit is sought. The total amount of credits for the office rent shall not to exceed $2 868.74.

      • Beginning September I, 2022 through December 31, 2022: The rent for 2,313.50 square feet in office space in Warehouse 3@ $0.62 per month, totals

        $1,434.37, together with any applicable Florida sales tax.

      • Beginning January I, 2023 through September 30, 2024: The rent for 32,442.94 square feet in Warehouse 3 (which includes- the office space) @ $0.62 per square foot per month, totals $20,114.62 together with any applicable Florida sales tax.

      
      

   2. Paragraph 8 titled "IMPROVEMENTS" is amended to read as follows:

1. IMPROVEMENTS. The Lessee may construct, install or locate upon the demised premises and operate any improvements consistent with the paragraph of this Lease entitled "Purpose." The Lessee shall submit to the Authority for approval the plans and specifications for all improvements prior to commencing the construction, demolition, and installation of the improvements upon the demised premises. The Authority shall make a determination of whether the plans and specifications evidence an improvement(s) consistent with the goals, master plan,

   and objectives of Port Manatee and do not conflict with any of the activities and facilities at Port Manatee in accordance with the following timeframes:

   • 5 business days (if no additional information is required) for any improvement under $50,000 in value that does involve building

     constru.ction; if additional information is required, such request will be made within 5 business days and a determination will be made 5 business

     days after receipt of sufficient additional information.

   • 10 business days (if no additional information is required) for any improvement over $50,000 in value that does not involve building construction; if additional information is required, such request will be made within 10 business days and a determination will be made 10 business days after receipt of sufficient additional information.

   • 20 business days (if no additional information is required) for any building construction proposed; if additional information is required, such request will be made within 20 business days and a determination will be made 20 business days after receipt of sufficient additional information.

The Lessee must not commence the construction, demolition, or installation of any improvements without approval by the Authority and Authority approval will not be arbitrarily or unreasonably withheld or delayed. Approvals will be deemed granted by the Authority if the Authority finds that such plans and specifications evidence an improvement or improvements consistent with the goals, Master Plan and objectives of Port Manatee, do not conflict with any of the activities and facilities at Port Manatee, and for which the County of Manatee, a subdivision of the State of Florida, is willing to issue a building permit, demolition permit, construction permit, development order, or other appropriate approval for the construction of the particular improvement or improvements. The Lessee is solely responsible for compliance with the Florida Building Code, any other applicable laws, and making the improvements safe.

Before Lessee commences use of the improvements, the Lessee shall furnish in a format specified by the Authority at least one complete set of the as-built or record drawings and specifications for the completed improvements to indicate the extent, location, and size for the records of the

Authority in connection with operations at Port Manatee. In all contracts for the construction of improvements at the demised premises, Lessee shall require in its construction contracts that the contractor indemnify and hold harmless the Authority Indemnitee (hereinafter defined), from any damages, liabilities, or claims that arise out of the construction contract or construction at the

demised premises, and inclu.de the Authority as a co-obligee on any bonds required by the construction contract. Authority reserves the right to require Lessee to furnish a performance bond

and an unconditional payment bond for the construction or installation of any approved improvements each equal to one hundred percent (I 00%) of the construction price, guaranteeing to Authority the completion and performance of the construction or installation, as well as full payment of all suppliers, material persons, laborers, or subcontractors performing services in connection with the improvements. The Bonds shall be with a surety company which is qualified pursuant to the Authority standards for sureties' on Authority construction projects.

In an effort to expand its operations, Port Manatee agrees to install Mooring Facilities, which are fourteen (14) bare steel 45' long, 24" diameter, ½" wall piles at 60' spacing in lines along south and west sides to the north end of the mangroves, at 6' water depth, extending 12' above mean water level, with 25' embedment along the south edge of the south end of the south channel and along the west edge of the south channel at the south end of Berth 12 as depicted in Exhibit "E." In support of this improvement, Lessee shall pay the Authority a one-time payment of

$50,000 for the improvement, by no later than the Port Authority's award of a contract for construction of the Mooring Facilities within the Mooring Area. During the term of this Lease, Lessee shall be responsible for any and all maintenance and repair for the Mooring Facilities.

The Lessee shall make the improvements identified in Exhibit H to the Bay Street North Parcel within one (1) year or sooner from December 31, 2021 ("Bay Street North Parcel Improvement Deadline"). The Lessee shall provide evidence of: 1) the costs the improvements identified in Exhibit H through invoices and 2) payment of those invoices. The improvements identified in Exhibit H to the Bay Street North Parcel shall not exceed One Million Dollars ($1,000,000.00) without the Authority's written approval. Once the improvements identified in Exhibit H to the

Bay Street North Parcel are made, the Lessee shall insure such improvements in accordance with the paragraph of the Lease entitled "Insurance."

Before July 1, 2022, the Lessee shall repair the office building roof of the office at the Bay Street North Parcel by coating the entire roof in EverSeal and the purchase of stormwater credits associated with the new 48,000 square foot warehouse to be constructed on the 10-acre Parcel, (collectively the "Warehouse 3 Credit Improvements"). The Lessee must first obtain approval of the Authority in accordance with this paragraph entitled "Improvements" of the Lease.

1. CONFLICT. In the event of a conflict regarding the provisions set forth in paragraphs 5 and 8 of the Lease, Amendment One, Amendment Two, Amendment Three, Amendment Four, Amendment Five, Amendment Six, and the provisions contained in this Amendment Seven, the provisions set forth in this Amendment Seven shall prevail. In the event of a conflict between any other paragraphs within Amendment Seven and the Lease, Amendment One, Amendment Two, Amendment Three, Amendment Four, or Amendment Five, the Lease, Amendment One, Amendment Two, Amendment Three, Amendment Four, Amendment Five, or Amendment Six, the provisions set forth in this Amendment Seven shall prevail.

   

2. AUTHORITY TO EXECUTE. Each of the Parties covenants to the other party that it has lawful authority to enter into this Amendment Seven, that the governing or managing body of each of the Parties has approved this Amendment Seven, and that the governing or managing body of each of the Parties has authorized the execution of this Amendment Seven in the manner hereinafter set forth.

3. EFFECTIVE DATE. The Effective Date of this Amendment Seven is ----

  ,2022.

IN WITNESS WHEREOF, the Parties have caused this Amendment Seven to be duly executed in

duplicate this the   of · , 2022.

ATTEST:

ANGELINA M. COLONNESO

Clerk of Circuit Court

By:              _ Printed:           _

WI SES:

Print runeS,fU\

N/A

By:             _

N/A

Print aITie:         

MANATEE COUNTY PORT AUTHORITY

By: ­

Reggie Bellamy, Chairman

April 21, 2022

CONSENT

AGENDA ITEM 3.J: AECOM TECHNICAL SERVICES INC.

PROFESSIONAL SERVICES AUTHORIZATION

BACKGROUND:

On August 19, 2021, the Authority approved a Public Transportation Agreement (PTGA) with the Florida Department of Transportation (FDOT) for participation in the funding of Phase I of a 150,000 square foot warehouse. Under the Professional Services Continuing Contract with AECOM Technical Services, Inc., a proposal for the planning and design of the warehouse pad and building has been submitted in the amount of $718,724. The project will be funded 50% by FDOT.

ATTACHMENT:

Professional Services Authorization (PSA) No. 22-08

COST AND FUNDING SOURCE:

FDOT grant funding of $359,362 or 50% and Port cash in the amount of $359,362 or 50%.

CONSEQUENCES IF DEFERRED:

Delay in project design

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute Professional Services Authorization (PSA) No. 22-08 to AECOM Technical Services, Inc., for the planning and design of a 150,000 square foot warehouse in the amount of $718,724.00, subject to the review and approval of FDOT.

PROFESSIONAL SERVICES AUTHORIZATION (PSA) NO. 22-08

Pursuant to the Port Manatee Professional Services Continuing Contract dated 6/16/2020, between the Manatee County Port Authority, hereinafter referred to as the "Authority" and

AECOM Technical Services, Inc.,

hereinafter referred to as the "Consultant", the Authority hereby authorizes and the Consultant hereby agrees to perform the hereinafter identified professional services for the project, facility or program identified as:

"Planning and Uesign Of A Pad For Warehouse and Cargo Handling"

The professional services and additional terms hereby authorized by the Authority and agreed to by the Consultant are set forth in the attached proposals dated April 13,2022 for the above entitled project, facility or program.

The total fees and expenses for these professional services must not exceed:

$718,724.00

b;,£b u

DATED:             MANATEECOUNTYPORTAUTHORITY

By xecutive Director CONSULTANT

Name, Title: Randy Mejeur, Authorized Signatory/VP

CONTRACT MANAGER

George F. Isiminger

Senior Dir & Port Engineer, Dept of Engineering, Planning & Env. Affairs

Grant Contract#: G1Z26

If applicable, the Authority has considered and hereby approves this Supplemental Professional Engineering Services Authorization with a quorum present and voting this 21st day of

ATTEST: MANATEE COUNTY PORT AUTHORITY

By:________________________________ By:___________________________________

Clerk of Circuit Court Chairman

April, 2022.

April 13, 2022

Mr. George F. Isiminger, P.E.

Senior Director of Engineering and Construction Manatee County Port Authority

300 Tampa Bay Way, Suite 1 Palmetto, FL 34221

Subject: Task Order Proposal: .01 Revision 2.2

Professional Engineering Services to undertake PLANNING AND DESIGN OF A PAD FOR WAREHOUSE AND CARGO HANDLING AT PORT MANATEE.

Dear Mr. Isiminger,

Thank you very much for inviting AECOM Technical Services, Inc. (AECOM) to provide you with a proposal for providing the professional engineering services to undertake PLANNING AND DESIGN OF A PAD FOR WAREHOUSE AND CARGO HANDLING AT PORT MANATEE under the existing on-call en gineering services contract between Port Man atee and AECOM executed June 16, 2020.

The scope of work, fees and sched ule for the proposal project is provided in this letter. Please review and let us know if it meets your req uirements.

PROJECT OVERVIEW

Port Man atee is req uesting assistance with the planning and design for the proposed PAD FOR WAREHOUSE AND CARGO HANDLING project under the continuing services contract with Port Man atee.

The desired outcome of the overall project is a pad suitable for cargo handling, and suitable for subseq uent addition of a 150,000 SF pre-engineered, prefabricated metal warehouse building and rail spur without undue demolition. The Port has a grant with a grant-plus-match grant project budget of $4,000,000 for engineering and construction of a

permanent pad for cargo handling in the interim.

The site is between Warehouse 10 to the south and the Martin Marietta aggreg ate yard to the north, and adjacent east of the existing railroad.

Information on the types of cargo and han dling practices to be designed for will be provided. The pad req uires roadway access. Pad lighting and fire hydrants are to be includ ed in the design. The lights need to be approximately 60' high. See the previously provided map from the county showing water lines and hydrants. Sewage lines are necessary given the future restrooms in the warehouse. Gas is not need ed and there is no existing gas line at the site.

As for stormwater, plan on taking advantage of our ability to purchase compensatory offsite stormwater treatment cap acity and just provide underground Continuo us Deflective Sep aration (CDS) unit(s) onsite discharging into the existing stormwater conveyance system. The ditch east of the site is a stormwater conveyance ditch. This involves working out the treatment capacity needed and proposing this solution to DEP in lieu of an onsite pond and helping us make the necessary arrangements with National Stormwater Trust (NST) for their part. We get our ERPs from DEP, not SWFWMD. We get our stormwater ERPs from DEP Southwest District. See the additional information previously provided. This offsite treatment program is available to all Florida ports pursuant to 2016 Florida Statutes

311.106 - Seaport stormwater permitting and mitigation.

Full building and rail spur design to a state ready to include in a bid package are included in the scope of this work. The building is to be designed with truck docks and rail siding, both built in, not portable. Up to 50,000 SF of the

building must be convertible to chilled warehouse, not freezer. A fire suppression system will be need ed in the building. It is desired to have a spur running along the west side of the building. Cargo storage layout and han dling procedures should be considered in the building layout.

Estimates of probable construction cost and duration are to be provided for planning purposes.

Port Man atee will provide their front-end bidding documents. AECOM will review, complete, and provide recommendation/information on any additional considerations for this specific project. The bid documents will include invitation to bid, instructions to bidders, model contract form, general conditions, supplementary gen eral conditions. AECOM scope will include drawings, specifications, and other design related information for the bid packag e.

To best serve the needs of Port Man atee, the Project will be divided into three (3) Phases:

Phase 1 Site and Initial Pad Design will involve project kick-off, prep aration of overall project execution plan, development of the master plan and phasing plan for the proposed pad; and geotechnical and topography surveys and performing concept design; and preparation of estimated construction costs and sched ules for the entire project. Includ ed in Phase 1 is construction documents for the site improvements and new concrete pad with associated roadway connections.

Phase 2 Construction Documents will consist of construction documents for the rail spur, site improvements and future warehouse, including prep aration of plans and specifications. In addition to construction documents a Statement of Probable Cost will be provided. Design review submissions will take place at 90%, and 100%/IFC Submittal milestones. AECOM will assist with permitting as illustrated in Task

5.

Phase 3 Construction Phase Services (CPS) will include providing limited bid phase services, and limited construction phase services. For the site and Pad only.

DESIGN DISCIPLINES

AECOM disciplines included for this scope of work:

• Architecture

• Building Engineering (structural, mechanical, electrical, plumbing, fire protection)

• Civil Engineering

• Landscape Architecture (Minimum Code Req uired)

• Paving Design

• Rail Design

  
  

  In addition to AECOM’s internal Design Team, our team includ es subconsultants who will assist in different areas of the req uired work. The subconsultant prop osals including their proposed scopes of work and fees are attached at the end of this document for reference. The subconsultants and their area of work are:

  
  

• S&ME - geotechnical investigation

• Hyatt Survey - topograp hic ground surveying, mapping services, survey control and determination of existing underground utilities.

  
  

  SCOPE OF WORK

  The following is a breakdown of the proposed scope of work and tasks for each Phase, along with a list of the deliverables, and the assumptions and exclusions for the work items.

  
  

  PHASE 1 SITE AND INITIAL PAD DESIGN Task 1 Project Management and Communications

  
  

  AECOM will perform gen eral administrative duties for the duration of the project for the project man ag ement of the work for this scope. This includes one project kick-off meeting, monitoring/rep orting, scheduling, gen eral

  
  

  correspondence, coordination with Port Man atee, progress reporting and invoicing. Other duties associated with this Task include project progress meetings, preparation of meeting agendas and minutes, scheduling, project correspondence, and project team coordination. AECOM will perform internal Quality Control and Assurance reviews throughout the planning and design process, including all review of submittals and final documents, specifications, construction estimates and other documents.

  
  

  The work items in this Task include:

  1. Project set up

  2. Develop Project Management and Communication Plan

  3. One kick-off meeting between AECOM and subconsultants

  4. Project kick-off meeting with Port Man atee (including meeting coordination, meeting minutes)

  5. Prep are initial project budget and schedule

  6. Every other week progress meetings including meeting minutes & subconsultant man ag ement up to 6 (six) meetings included

  7. Project administration - monitor project progress

  8. Additional client meetings

  9. Monthly invoice and progress report

  
  

  Deliverables – Project Management and Communication Plan, Meeting agenda/minutes, Project Reporting, initial project sched ules

  
  

  Task 2 Information Gathering

  AECOM shall convene a Kickoff Meeting with the Port within one (1) week after the Notice to Proceed. AECOM will develop the agenda for the Kickoff Meeting with input from the Port. The Kickoff Meeting will discuss and document the points of contacts within AECOM’s project team, communication protocol, data requirements, the scope of work, project sched ule, milestones and submittals, and other miscellan eous issues. AECOM will prep are minutes of the Kickoff Meeting and will distribute them to the meeting attendees.

  
  

  AECOM will collect and review available existing data for the project site including design files, existing survey, utility information, CAD files, and other project information as available. The Port of Man atee will provide any existing data available for the project to AECOM at the kickoff meeting.

  
  

  We will conduct a site visit to check existing surveys, confirm existing yard features and confirm the proposed project limits. We will review relevant existing data for existing warehouse and nearby pads, including any existing As-Builts and pavement engineering reports. AECOM will meet with Port Man atee staff as part of the kickoff meeting to discuss and confirm the required work items and the phasing of the work.

  
  

  AECOM will collect relevant publicly available plan ning, environmental, engineering and data related to the project site including:

  FDEP and SWFWMD state databases USACE fed eral databases

  Existing state and fed eral permits Drainage Basin maps

  Port Master Drainage Report Topographic mapping

  Land Use Data PD Plan

  Existing Man atee County Utility Data

  Fed eral Emergency Man ag ement Agency (FEMA) Soil Conservation Survey

  
  

  Assumptions/Exclusions

  1. Port will provide available existing drawings of adjacent warehouse for reference only.

  2. Port will provide available topo graphic survey files of the proposed yard areas and as-built drawings of existing warehouse.

  3. Port will provide available existing utility CAD files for the nearby yard areas.

  4. This scope does not include performing dynamic simulation an alysis of the container yard operations.

     
     

     Task 3 Site and Pad Design

     AECOM will prep are a concept plan for the approximate 16 acres of project area showing the gen eral location of the proposed pad, conceptual req uirements for the future warehouse, location of rail tracks, roadway access, connection to utilities, drainag e, and other pertinent features of the site.

     
     

     The purpose of the concept design package is to present significant work items and their seq uencing in sufficient detail to allow review of the overall layout and scope of work need ed for Port Man atee’s approval. In addition, the deliverable will include technical memorandums for the various wareh ouse design elements, a Basis of Design report, a statement of probable construction costs, listing of anticipated technical specifications, and an opinion of probable construction duration.

     The work items in this Task include the preparation of:

• Existing base map

• Existing utilities map

• Existing traffic flow diagram

• Conceptual layout and cross section for the future warehouse

  
  

  Architectural tasks will include the prep aration of:

• Program and space req uirements based on warehouse to the south of the proposed site and with client input

• Evaluation of space program to establish building floor plan

• Alternate building designs to select building type(s) to determine pad and foundation d esign req uirements

• Project Definition Report (PDR)

• Concept drawings documenting selected design Structural Engineering tasks consist of:

• Preliminary structural load assumptions and code req uirements

• Evaluation of potential structural system(s)

• Design of slab to accommodate the new warehouse: Civil Engineering will include prep aration of:

  Agency Meetings/Coordination: Pre-application meetings with state (FDEP) and local government (Man atee County) will be scheduled and conducted to confirm design criteria, design methodologies and proper seq uence/prerequisites for reviews and approvals. All meetings shall be coordinated with the Client and appropriate support services.

  
  

  Base Map Preparation: AECOM shall prep are a base map of the project area using the land survey topographic map showing the footprint of the warehouse, existing structures, railroad tracks, utilities, roads, driveway entrances, existing drainage features.

  
  

  Pre-development Drainage Plan: AECOM shall prep are a one-sheet pre-development conditions drainage plan to illustrate overland flow patterns, existing roads and ditches, flood plain elevations, basin lines, and other relevant background information. Evaluate drainage, erosion control, and storm water detention req uirements. This evaluation will be based upon the land survey as well as available publicly available information from public databases.

  
  

  Utility Coordination: A Sunshine 811 utility locate req uest will be made by AECOM and the utility owners within the project area will be identified. AECOM will contact utility providers that have responded that they have facilities in the area to establish the location of the existing utilities within the project limits. The project surveyor will record the horizontal locations on the site-specific survey based on flagging or marks provided by the utility companies.

  
  

  Summary Report: Based on the results of our meetings with the ag encies, preliminary an alysis research and field reviews; AECOM shall develop a written report describing our findings and provide design recommendations. The report will includ e, but not be limited to, the following sections:

  • Cover Letter

  • Executive Summary and Introduction

  • Topography Survey

  • Geotechnical Report

    
    

  • Basis of Design

  • Permitting Req uirements / Matrix

  • 30% Site Plan

  • 30% Drainage Plan

  • Utility Atlas Information

  • Earthwork Calculations

  • Cost Estimate

  • Recommendations / Conclusions

    Mechanical/Plumbing Engineering will include prep aration of:

  • Narrative description and an alysis of materials and systems, and design sketches of site and building as necessary to ad eq uately present the design concept.

  • One-line diagrams of power and systems: Electrical Engineering will include prep aration of:

  • Narrative description and an alysis of materials and systems, and design sketches of site and building as necessary to ad eq uately present the design concept.

  • One line diagram of power and systems. Fire Protection Engineering will include preparation of:

  • Narrative description and an alysis of materials and systems, and design sketches of site and building as necessary to ad eq uately present the design concept.

  • One-line diagrams of power and systems Landscape Architecture will include prep aration of:

  • Planting plan

  • Material selections

  • Material Quantities Paving Design will consist of: