A meeting of the Manatee County Port Authority will be held during a Board of County Commissioner’s meeting Tuesday, May 23, 2023, at 9:00 a.m., or as soon as is practicable, in the Patricia M. Glass Commission Chambers on the first floor of the County Administrative Center at 1112 Manatee Avenue West, Bradenton, Florida.


Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact Pam Wingo 48 hours in advance of the meeting by telephone (941) 721- 2395 or by email at pwingo@seaportmanatee.com


MANATEE COUNTY PORT AUTHORITY AGENDA

May 23, 2023

9:00 a.m.


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


CALL TO ORDER

Public Comments


1. 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.

George Kruse, Chairman

James Satcher 1st Vice-Chairman; Jason Bearden 2nd Vice Chairman

Mike Rahn 3rd Vice-Chairman; Amanda Ballard, Member; Vanessa Baugh, Member; Kevin Van Ostenbridge, Member

May 23, 2023


  1. CONSENT AGENDA


    1. Warrant List


    2. Minutes – April 25, 2023


    3. Budget Resolution


    4. Delegation of Authority to Executive Director


    5. Warehouse 6 Modernization Change Order No. 1


    6. Manbirtee Key Memorandum of Understanding


    7. Warehouse 12 Stormwater Treatment Capacity


    8. Hopper at Berth 6 Structure Design


    9. Perimeter Fencing Contract Award


RECOMMENDATION:


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

Manatee County Port Authority Warrant (Check) Listing

04/12/2023 to 05/09/2023


AP

XXXXXXX

V019302

ABBOTT, PAUL SCOTT

881.25

AP

XXXXXXX

V106006

ALERT CORE DRILLING INC

1,967.00

AP

XXXXXXX

V029295

AMAZON CAPITAL SERVICES INC

8,740.44

AP

XXXXXXX

V029295

AMAZON CAPITAL SERVICES INC

3,340.80

AP

XXXXXXX

V029295

AMAZON CAPITAL SERVICES INC

3,048.53

AP

XXXXXXX

V023321

AMERICAN EXPRESS TRAVEL RELATE

151.91

AP

XXXXXXX

V023321

AMERICAN EXPRESS TRAVEL RELATE

136.39

AP

XXXXXXX

V023321

AMERICAN EXPRESS TRAVEL RELATE

89.11

AP

XXXXXXX

V016756

ATKINS NORTH AMERICA INC

5,000.49

WT

XXXXXXX

V019189

BANK OF AMERICA

13,363.59

AP

XXXXXXX

V002730

BANK OF AMERICA

1,465.10

AP

XXXXXXX

V002730

BANK OF AMERICA

2,375.10

AP

XXXXXXX

P000419

BENNETT, RICHARD

63.29

AP

XXXXXXX

V170611

BOYD INSURANCE AGENCY INC

2,551.00

AP

XXXXXXX

V170611

BOYD INSURANCE AGENCY INC

321.00

AP

XXXXXXX

V009839

BRYANT MILLER AND OLIVE PA

5,017.50

AP

XXXXXXX

V009839

BRYANT MILLER AND OLIVE PA

46,582.78

AP

XXXXXXX

V192319

BUREAU OF ELEVATOR INSPECTION

150.00

AP

XXXXXXX

V029174

CHARTER COMMUNICATIONS

520.12

AP

XXXXXXX

V029174

CHARTER COMMUNICATIONS

666.91

AP

XXXXXXX

V029174

CHARTER COMMUNICATIONS

535.25

AP

XXXXXXX

V029174

CHARTER COMMUNICATIONS

309.11

AP

XXXXXXX

V021377

CINTAS CORPORATION

83.66

AP

XXXXXXX

V021377

CINTAS CORPORATION

342.84

AP

XXXXXXX

V027465

CRISDEL GROUP INC

595,296.31

AP

XXXXXXX

V006291

DEX IMAGING INC

263.98

AP

XXXXXXX

V006291

DEX IMAGING INC

47.28

AP

XXXXXXX

V282890

DISCOUNT LOCK AND KEY INC

41.40

WT

XXXXXXX

V334600

DIVISION OF RETIREMENT, FLORID

127.43

AP

XXXXXXX

V025612

DYNAFIRE INC

1,584.00

AP

XXXXXXX

V022096

ENTECH

12,115.75

AP

XXXXXXX

V024683

EVERGLADES EQUIPMENT GROUP

5,926.25

AP

XXXXXXX

V024683

EVERGLADES EQUIPMENT GROUP

103.46

AP

XXXXXXX

V028484

EXTREME STEAM CLEANING SERVICE

700.00

AP

XXXXXXX

V323190

FASTENAL COMPANY

169.95

WT

XXXXXXX

V000131

FEDERAL MARINE TERMINALS INC

4,815.00

AP

XXXXXXX

V017454

FIRST CHOICE MARINE SUPPLY

1,824.00

ZP

XXXXXXX

L333009

FLEET PRODUCTS

559.63

ZP

XXXXXXX

L333009

FLEET PRODUCTS

509.49

AP

XXXXXXX

V334116

FLORIDA PORTS COUNCIL

2,625.00

AP

XXXXXXX

V021937

FRONTIER COMMUNICATIONS OF FLO

2,492.48

AP

XXXXXXX

V007982

FRONTIER LIGHTING INC

1,650.00

AP

XXXXXXX

V027688

FUEL MEISTERS

727.00

AP

XXXXXXX

V020807

GENUINE AUTOMOTIVE

22.32

AP

XXXXXXX

V020807

GENUINE AUTOMOTIVE

413.15

AP

XXXXXXX

V020807

GENUINE AUTOMOTIVE

198.32

Manatee County Port Authority Warrant (Check) Listing

04/12/2023 to 05/09/2023

AP

XXXXXXX

V385628

GRAINGER INC, W W

746.24

AP

XXXXXXX

V385628

GRAINGER INC, W W

548.24

AP

XXXXXXX

V387610

GRAVELY OF BRADENTON

1,719.43

AP

XXXXXXX

V388816

GRAYBAR ELECTRIC CO INC

3,709.20

AP

XXXXXXX

V007986

GREATER TAMPA BAY MARINE ADVIS

833.33

WT

XXXXXXX

V027081

HANCOCK WHITNEY BANK

29,253.12

AP

XXXXXXX

V013868

HARDEN SUPPLY LLC

4,971.00

AP

XXXXXXX

V013868

HARDEN SUPPLY LLC

2,491.74

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

595.56

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

995.52

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

516.22

AP

XXXXXXX

V004875

J2 ARTS INC

7,125.00

AP

XXXXXXX

V027228

JENNI AND GUYS

85.00

AP

XXXXXXX

V010512

LINE X OF SARASOTA

2,100.00

AP

XXXXXXX

V013723

LOGISTEC USA INC

54,021.34

AP

XXXXXXX

V023184

LYNCH OIL COMPANY INC

4,698.41

AP

XXXXXXX

V024291

MACKAY COMMUNICATIONS INC

168.05

AP

XXXXXXX

V029867

MAGNUM BUILDERS OF SARASOTA IN

80,171.07

AP

XXXXXXX

V625403

MAINTENANCE TOO PAPER CO INC

1,680.86

AP

XXXXXXX

V627108

MANATEE PRINTERS INC

7,798.00

AP

XXXXXXX

P000372

MARSHALL, CHRISTOPHER

63.29

ZP

XXXXXXX

L019959

MOTOR HEADS N CONTROL GEEKS

1,466.00

ZP

XXXXXXX

L019959

MOTOR HEADS N CONTROL GEEKS

1,509.00

AP

XXXXXXX

V026028

PARATEC DOOR SOLUTIONS INC

4,113.00

AP

XXXXXXX

V748180

PUBLIX SUPER MARKET

227.78

AP

XXXXXXX

V015881

QUALITY MARINE CONSTRUCTION IN

14,600.00

AP

XXXXXXX

V027409

RAMBA LAW GROUP LLC

3,500.00

AP

XXXXXXX

V015633

SIEMENS INDUSTRY INC

105,480.00

AP

XXXXXXX

V029241

SPEEDPRO IMAGING AFFINITY SOLU

24,688.08

AP

XXXXXXX

V029241

SPEEDPRO IMAGING AFFINITY SOLU

531.37

AP

XXXXXXX

V018137

STANTEC CONSULTING SERVICES IN

15,243.75

WT

XXXXXXX

V874841

STATE OF FLA DEPT OF REVENUE

8,006.27

AP

XXXXXXX

V028838

STEELSMITH, LLC

600.00

AP

XXXXXXX

V028838

STEELSMITH, LLC

1,200.00

AP

XXXXXXX

V028838

STEELSMITH, LLC

1,200.00

AP

XXXXXXX

V021175

SUNCOAST PRINT AND PROMOTIONS

2,480.00

AP

XXXXXXX

V021876

SYSCO WEST COAST FLORIDA

62.95

AP

XXXXXXX

V906395

TERRY SUPPLY COMPANY

513.00

AP

XXXXXXX

V028145

THE MCCLATCHY COMPANY LLC

726.00

AP

XXXXXXX

V923225

TROPHY CASE, THE

60.00

AP

XXXXXXX

V027963

UNIFIRST FIRST AID AND SAFETY

111.40

AP

XXXXXXX

V006904

UNITED REFRIGERATION INC

465.88

AP

XXXXXXX

V009667

VERIZON WIRELESS

709.75

AP

XXXXXXX

V009667

VERIZON WIRELESS

649.19


Total warrants (checks) for period reported 1,122,349.41

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

COUNTY ADMINISTRATION CENTER, HONORABLE PATRICIA M. GLASS CHAMBERS

1112 Manatee Avenue West Bradenton, Florida

April 25, 2023

https://www.youtube.com/channel/UC4KFtzaC9Z87D5mn_SKKtBA


Present were:

George W. Kruse, Chairman

James A. Satcher III, First Vice-Chairman Jason Bearden, Second Vice-Chairman Mike Rahn, Third Vice-Chairman Vanessa Baugh, via ZOOM

Amanda Ballard

Kevin Van Ostenbridge

Also present were:

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

Dustin Peebles, Accounting, Clerk of the Circuit Court Robin Toth, Deputy Clerk, Clerk of the Circuit Court

Chairman Kruse called the meeting to order at 9:08 a.m.

AGENDA PA20230425DOC001

Revised Agenda Memorandum (dated 4/21/23) PA20230425DOC002


PUBLIC COMMENTS

Glen Gibellina stated there are hundreds of square feet available at the Port for the placement of solar energy panels that can be used for reusable energy.

There being no further public comments, Chairman Kruse closed public comments.

  1. CONSENT AGENDA PA20230425DOC003

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


    A motion was made by Member Rahn, seconded by Member Satcher, and carried 7 to 0, with Member Baugh voting via ZOOM, to approve the Consent Agenda, incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda.

    1. WARRANT LIST

      Accepted Warrant Listing from March 13, 2023, to April 11, 2023 PA20230425DOC004

    2. MINUTES

      Approved the Minutes of March 28, 2023

    3. BUDGET AMENDMENT

      Adopted Budget Resolution PA-23-15, transferring the balance of $48,822 from the completed Railroad Capital Improvement project to the Customs Upgrade Intermodal Building project, for additional security infrastructure and relocation of the A/C unit

      PA20230425DOC005

    4. PUBLIC TRANSPORTATION GRANT AGREEMENT – MOBILE HARBOR CRANE

      APRIL 25, 2023 (Continued)


      Adopted Resolution PA-23-14, authorizing execution of Public Transportation Grant Agreement with Florida Department of Transportation, to participate in the funding of

      $2,500,000, for the procurement of a mobile harbor crane. (Port to contribute 50 percent, or $2,500,000, bringing the total project cost to $5,000,000)

    5. CHANGE ORDER 2 – MAGNUM BUILDERS

      PA20230425DOC006

      Approved and authorized the Chairman to execute Change Order 2, modifying the scope of the contract between Magnum Builders of Sarasota, Inc., and the Manatee County Port Authority, and increasing the contract amount by $15,228.22 to

      $305,864.72 PA20230425DOC007

    6. CERTIFICATION OF LANDS RELATED TO WASHINGTON PARK

      • Approved and authorized the Chairman to execute the First Amendment to the Agreement between Manatee County and Manatee County Port Authority Related to the Washington Park Project; and

      • Approved and authorized the Chairman to execute the Certificate of Lands related to Washington Park, conditioned upon approval by the Manatee County Board of County Commissioners of the First Amendment to the Agreement between Manatee County and Manatee County Port Authority related to the Washington Park Project and Manatee County’s issuance of the temporary construction easement for access, staging and construction at Washington Park

        PA20230425DOC008

    7. INTERLOCAL AGREEMENT WITH CITY OF SAINT PETERSBURG

      Approved and authorized the Chairman to execute Interlocal Agreement between City of Saint Petersburg, Florida, and Manatee County Port Authority, regarding Collaboration on Dredged Material Placement and Seagrass Mitigation Efforts

      (End Consent Agenda) PA20230425DOC009

      EXECUTIVE DIRECTOR COMMENTS

      Carlos Buqueras, Executive Director, stated the Port Manatee foot-print continues grow.

      PORT AUTHORITY MEETINGS

      Mr. Buqueras noted the May 23 Port Authority meeting is scheduled in County Commission Chambers. The June 15 Port Authority meeting is scheduled at Port Manatee.


      ADJOURN

      There being no further business, Chairman Kruse adjourned the meeting at 9:12 a.m.

      Minutes Approved:        

      May 23, 2023


      CONSENT

      AGENDA ITEM 1.C: BUDGET RESOLUTION BACKGROUND:

      This resolution budgets the following:


      • $200,000 of Port cash for maintenance dredging of berths 4, 5, 6,7, 8, 9, and 10 within 25 feet of the berth wall. Cost savings are realized by piggybacking off the U.S. Army Corp of Engineer’s maintenance dredge of the channel.


      • Transfers $16,646 from the budget of the Port Security Camera System Upgrade (Operating) to the budget of the Port Security System Upgrade (Capital).


      ATTACHMENT:


      Budget Resolution PA-23-17.


      COST AND FUNDING SOURCE:


      $200,000 Port cash.


      CONSEQUENCES IF DEFERRED:


      Delay in budget allocations.

      LEGAL COUNSEL REVIEW: N/A RECOMMENDATION:

      Move to adopt Budget Resolution PA-23-17.

      RESOLUTION PA-23-17 AMENDING THE ANNUAL BUDGET

      FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2022-2023


      WHEREAS, Sections 129.06 and 180.016, Florida Statutes, 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 2022-2023 budget is hereby amended in accordance with Section 129.06 and 180.016, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:


      Item No.

      Batch ID No.

      Reference No.

      1

      BAAL052323A

      BU23000438

      2

      BAAL041423A/B

      BU23000383


      ADOPTED with a quorum present and voting this the 23rd day of May 2023.


      ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

      CLERK OF CIRCUIT COURT


      By:                 

      BUDGET AMENDMENT RESOLUTION NO. PA-23-17 AGENDA DATE: May 23, 2023


      1. Fund: Port Capital Improvement Section: Maintenance Dredging


        Description: Budgets $200,000 for maintenance dredging of the inner basin of berths 4 through 10.


        Batch ID: BAAL052323A Reference: BU23000438


      2. Fund: Port Capital Grants


        Section: Security Camera System Upgrade


        Description: Transfers revenue and expense in the amount of $16,646 from operating to capital in the Security Camera System Upgrade project.


        Batch ID: BAAL041423A/B Reference: BU23000383

        May 23, 2023


        CONSENT

        AGENDA ITEM 1.D.: DELEGATION OF AUTHORITY TO

        EXECUTIVE DIRECTOR


        BACKGROUND:


        During certain periods of the year, the Port Authority may have certain months in which it has no regularly scheduled meetings. During that time, matters normally requiring approval and authorization of the Authority may arise. In order to enable the Executive Director and the Port staff to maintain continuity of services in the routine business of the Port and avoid delay in the conduct of Port business, as well as avoiding the loss of business opportunities, the Executive Director and staff recommend adoption of this proposed resolution granting the Executive Director limited authority to act during these periods. This resolution is expressly limited in its scope.


        ATTACHMENTS:


        Resolution No. PA-23-16


        COST AND FUNDING SOURCE:


        N/A.


        CONSEQUENCES IF DEFERRED:


        Loss of continuity of routine business and delay in conduct of business.


        LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:


        Move to adopt Resolution PA-23-16.

        RESOLUTION NO. PA-23-16


        A RESOLUTION OF THE MANATEE COUNTY PORT AUTHORITY FOR LIMITED AND TEMPORARY DELEGATION OF AUTHORITY DURING EXTENDED PERIODS BETWEEN AUTHORITY MEETINGS


        WHEREAS, the Manatee County Port Authority (hereinafter the “Authority”) may have months without scheduled meetings; and


        WHEREAS, the Authority recognizes that matters requiring approval and authorization by the Authority may arise during extended periods without scheduled meetings and, to the extent possible, wish to maintain continuity in the routine business of the Authority and wish to maintain and avoid delay in the furnishing of services as a result of the extended periods without regular meetings.


        NOW, THEREFORE, BE IT RESOLVED BY THE PORT AUTHORITY OF MANATEE COUNTY AS FOLLOWS:


        1. Purpose: Except as specifically limited below, the delegation of authority provided in this Resolution shall apply to any approval or authorization, and the execution of contracts and other documents as may be reasonable and necessary, when there is more than thirty (30) calendar days between regularly scheduled Authority meetings, to accomplish only the following:


          1. Avoid delays in furnishing services or implementing or continuing approved programs; and


          2. Avoid additional costs or expenses or the likelihood of additional costs or expenses, including but not limited to the use of personnel and resources of the Authority as well as the costs of goods and services; and


          3. Provide for the fair and reasonable treatment of citizens and organizations doing business with the Authority.


        2. To accomplish those purposes set out in Paragraph A, the Authority delegates to

          the Executive Director of the Port, or in his absence the Deputy Executive Director, authority to:


          1. Approve, authorize, and sign contracts, work assignments, purchase orders, change orders, and all documents and papers related thereto that are beyond the dollar limits provided by policies of the Authority but are otherwise purchased in accordance with applicable Laws, Ordinances, and policies; and


          2. Approve any refunds owed by the Authority to third parties at the request of a department director upon presentation of documentation of the amount due and owing; and


          3. Schedule and publish notice of public hearings and special meetings upon a determination by the Executive Director of the Port or Deputy Executive Director of the Port that it appears to be in the best interest of the Authority to proceed without delay; and

          4. Approve any budget amendments required in support of the authorizations provided in Paragraphs B and C, and any prior authorizations of the Authority; and


          5. Approve, authorize, and sign documents and forms reasonably required to implement or continue any program, plan or activity previously authorized by the Authority.


        3. To accomplish those purposes set out in Paragraph A, the Authority hereby delegates to the Port Authority Attorneys authority to:


          1. Initiate litigation, adversarial administrative proceedings, or appellate proceedings, including extraordinary writ proceedings, where, in the opinion of the Port Authority Attorneys, it is necessary to do so in order to preserve the status quo or the legal rights or protect the interests of the Authority; and


          2. Retain expert witnesses or consultants where, in the opinion of the Port Authority Attorneys, it is necessary to do so in order to preserve the status quo or the legal rights or protect the interests of the Authority; and


          3. Agree to continuances or extensions of time in on-going or threatened litigation, adversarial administrative proceedings, or appellate proceedings where, in the opinion of the Port Authority Attorneys, it is necessary to do so in order to preserve the status quo or the legal right or protect the interests of the Authority.


        4. To accomplish the purposes set out in Paragraph A, the Clerk of the Circuit Court, or his duly authorized deputy, as Clerk to the Authority, and as custodial of funds and comptroller, is requested and authorized, upon approval by the Executive Director of the Port or Port Authority Attorneys to:


          1. Take any action reasonably and necessarily required pursuant to the authority delegated under Paragraphs B and C; and


          2. Proceed with all matters of a routine nature usually submitted to the Authority on the Clerk’s consent agenda, including but not limited to making of all payments lawfully due and owing by check, voucher, warrant, cash or wire transfer, or other appropriate means, the release of cash deposits, and payment of any revenue refunds in excess of established approval limits.


        5. Limitations: This Resolution shall not apply to:


          1. Any legislative matter or other action that must be considered at an advertised public hearing; and


          2. Any new contracts retaining architects, engineers, landscape architects, surveyors, or other professional consultants. However, this limitation does not include any work assignment, time extension, or matters related to established contracts, or experts retained pursuant to C.3 above; and

          3. Any lease or contract providing for the sale, acquisition or exchange of any interest in real property, except documents necessary for closing contracts signed by the Authority, and except that any acquisition of property for utility easement or right-of- way as a part of or in avoidance of or settlement of eminent domain proceedings for an amount not to exceed the highest appraised value assigned by a duly certified appraiser may be authorized and executed by the Executive Director of the Port or his designee at the request of the Port Authority Attorneys; and


          4. Any new program or activity not previously authorized by the Authority; and


          5. Any matter involving the expenditure of funds in excess of funds that may lawfully be budgeted for such purpose.


        6. Records: A record of all actions taken under this Resolution shall be maintained

          and made a part of the record of the Authority via placement on the first consent agenda after the extended recess.


        7. Interpretations: This Resolution is not intended to apply to or limit any authority previously delegated by the Authority. This Resolution is intended to be broadly interpreted to accomplish the purposes set out in Paragraph A.


        8. Effective Period: This Resolution shall take effect upon adoption but the

          delegation of authority shall only extend to actions that need to be taken when there is more than thirty (30) calendar days between regularly scheduled Authority meetings.


        9. Any prior years’ resolution authorizing the same or similar authority is rescinded and replaced by this resolution.


      ADOPTED with a quorum present and voting this 23rd day of May, 2023.


      ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

      CLERK OF CIRCUIT COURT


      By:                 


      3

      May 23, 2023


      CONSENT

      AGENDA ITEM 1.E: WAREHOUSE 6 MODERNIZATION CHANGE ORDER NO. 1


      BACKGROUND:


      On March 28, 2023, the Authority approved the award of the Progressive Design-Build Agreement with Halfacre Construction Company for the Warehouse 6 Modernization Project. The contract included language on the payment terms which did not align with the Florida Prompt Payment Act. Change Order No. 1 corrects the payment term language per the Florida Prompt Payment Act, Section 218.70-218.80 of the Florida Statutes.


      ATTACHMENT: Change Order No. 1


      COST AND FUNDING SOURCE:


      No funding change in previously approved contract


      CONSEQUENCES IF DEFERRED:


      Delay in revising payment terms


      LEGAL COUNSEL REVIEW: Yes


      RECOMMENDATION:


      Move to approve and authorize the Chairman to execute Change Order No. 1 between Halfacre Construction Company and the Manatee County Port Authority amending the payment terms from 10 days to payment in accordance with the Florida Prompt Payment Act, Section 218.70-218.80 of the Florida Statutes.

      • •

           PORT MANATEE   


      Project Name:     Warehouse 6 Modernization     

      CHANGE ORDER FORM Change Order No. 1

      Purchase Order No. PA005921

      Date of Issuance:   3/30/2023   

      Owner:

      Effective Date: Contract#:

           3/30/2023   

      Engineer of Record:             Contractor: Halfacre Construction Company

      7015 Professional Pkwy East

           Sarasota, FL 34240   

      Project:     

      Contractors Project #:     Engineer's Project #:     Contract Name:  




      The Contract is modified as follows upon execution of this Change Order


      Description: Contract language revised:

      i.2..2_.:

      O:,rer sha1! n"a :c reyrrtrt ir accord --== -.·i:r F cridlfs ?rompt P.!:,'n er.t Act. Sec:·ons 21l:..70 . 21S.80 of tre Florda S:at:;tes cftcr O·:.,rers --ie-ct-1ot c" e!:Chroi,e-r.y subrr-·ttec 3nd tccurate Aopl c tion tor :,.!yme-rt·f"ccorcari e :.•itr· Ar:·c1e E cf tne G ne-ri!l Cord1t:or5 of Corrt ct. bJ: il"'ie-;icr C!:5e t:5S tt",e to:01of paymerts prf•11C,J51y N"'.?:C1e- :?ind !e:zs i?if'"1CJn:s prc;: r1y,,.,r,.eic .:l"'cer

      StctiOJ"'6I .3 of tre Ger-tr I CondTor1:i of Contract.



      ,.,

      S.J..:

      Fin?:1 ?.!yrr- nt. Desi r-BJi Ce-r sn I! submit its final App1icatior for ?c,y·rr:ent to Ovmer in,cordcnce with 5 cron t$.i cf tt'le Gener 1Cono::i"tions of Cc ...tr3;c._ O.·mcr sh!ll n-•3ke p3yrne-rt en O-es::i;m•91cer's c,ro:=te:rly SJon it:e-drd .!:::<::.Jrate-r·n!

      . p ·icaron for P.::yn·ent {le: s .:.ry i3rncunt the o rt:es may h ·.e ,::greed to et cs;de for warranty \·,ct1<1·n .:cc,=,r.:i nct ·:,·ith F!or"da $

      :Jrompt Payn em Act. Se-ct ons 218.i0 - 21S.S·J cf thc=f orio S:.=tJtc:-$Qfter o,.-,,r,er s receiot of tre rai .:\.o?I c :·cn fer 0-!iyme-rt. prc•.,:cea tl"lat: (a} DesiQT-E..J1iCe-r has satisfed the rcCJ'.remerts tor firal p.::yrrent set fcrtr. in Seeron E.7.2 ef the C ner , Coridit·or$ at Cor1t ct.


      CHANGE IN CONTRACT PRICE

      Original Contract Price:


      CHANGE IN CONTRACT TERMS

      [note changes In Milestones If applic;able]

      Original Contract Times: NIA

      $ 295,000.00

      Substantial Completion: Date of Final Payment

      NIA



      (lnGrease] EDeGroase] from previous approved

      Change Orders #: NLA F

      Hours Requested: -. N/A

      [Increase] from previous approved

      Change Order#:

      Substantial Completion Date:


      Date of Final Payment:



      [date or days)

      Contract Price prior to this Change Order:


      $ 295,000.00

      Contract Times prior to this Chango Order:

      Substantial Completion: 7/7/2023


      Date of Final Payment:


      8/7/2023

      [date or days]

      {IRGfease] EDoGrease] of this Change Order:


          $0.00  

      (Increase] [Decrease] of this Change Order:

      Substantial Completion: N/A

      Date of Final Payment:

      N/A

      [days or dates]

      Contract Price Incorporating this Change Order:


      $ 295,000.00

      Contract Tlmes with all approved Change Orders:

      Substantial Completion: 7/7/2023

      Date of Final Payment:

      8/7/2023

      [date or days]



      A----- -").:,....

      RECOMMENDED:

      ACCEPTED:


      DN:C-US,

      E Kn1CO.C01T1.

      Reed Gias n --

      CH Gluaon

      Engineer of Record MCPA / BCC APROVED C D5.D9 tt:OC:50-04'00'

      Date:   Date: Date:

      Approved by Funding Agecy (ff appicable}


      By:              

      Title:              


      <Rev. 11/2020>

      Attachments: ------ List documents supporting change:          









      May 23, 2023


      CONSENT

      AGENDA ITEM 1.F.: MANBIRTEE KEY MEMORANDUM OF

      UNDERSTANDING


      BACKGROUND:


      To enhance security throughout Tampa Bay, the U.S. Coast Guard established several security zones around sensitive, critical infrastructure including Manbirtee Key. On December 20, 2007, the Authority approved a Memorandum of Understanding (MOU) with the U.S. Coast Guard which established the Manbirtee Key Zone Watch Program. The established program monitors the

      U.S. Coast Guard regulated security zone around the island and allows the SeaPort Manatee Security to administrate the zone on its behalf. The MOU is presented with updates to the current Captain, points of contact, fees, and other minor changes.


      ATTACHMENT:


      Memorandum of Understanding Between the U.S. Coast Guard and SeaPort Manatee on the Manbirtee Key Zone Watch Program


      COST AND FUNDING SOURCE:


      N/A


      CONSEQUENCES IF DEFERRED:


      Delay in updating the MOU


      LEGAL COUNSEL REVIEW: Yes


      RECOMMENDATION:


      Move to approve the execution by David St. Pierre, SeaPort Director of Public Safety & Security, of a Memorandum of Understanding Between the U.S. Coast Guard and SeaPort Manatee on the Manbirtee Key Zone Watch Program.

      MEMORANDUM OF UNDERSTANDING

      BETWEEN THE U.S. COAST GUARD AND SEAPORT MANATEE ON THE MANBJRTEE KEY ZONE WATCH PROGRAM


      1. PARTIES. The parties to this Memorandum of Understanding (MOU) are the United States Coast Guard (USCG) Sector St. Petersburg and Seaport Manatee.


      2. AUTHORITY. This MOU is authorized under the provisions of:


        1. 46 U.S.C. 70103(b)(4)(A)- Maritime Transportation Security Act of 2002. Authorizes the Coast Guard to use public/private partnerships to enforce security within security zones.

        2. 14 U.S.C. 504(a)(25). Authorizes the Coast Guard to cooperate with federal and private agencies.

        3. 14 U.S.C. 70l(a). Authorizes the Coast Guard to provide certain assistance to federal, state, and local entities.

        4. 14 U.S.C. 709. Authorizes the Coast Guard to provide certain maritime instruction.


      3. PURPOSE. The purpose of this document is to establish te1ms by which USCG Sector St. Petersburg has entered into an agreement with Seaport Manatee to administer a community­ based watch program for monitoring Manbirtee Key to enhance security and to protect critical infrastructure associated with the island.


      4. RESPONSIBILITIES.


        1. USCG Sector St Petersburg (SSP) will monitor administration of the program and provide guidance to enhance its effectiveness. The USCG will train maritime law enforcement personnel to assist with enforcement of this program.


        2. Seap01t Manatee will adhere to the provisions of this MOU to provide and maintain a training program for eligible participants.


          Further guidance is specified in the Manbirtee Key Zone Watch Program Guidelines and is also available at https://www.seaportmanatee.com/security/zone-watch-program.


      5. REPORTING AND DOCUMENTATION


        1. Reports of waterborne patrols of the Manbi1tee Key Security Zone conducted by the Seaport Manatee Security Department shall be submitted to the USCG Sector St. Petersburg Port Security Specialist on a quarterly basis. Reports of waterborne patrols of the Manbi1tee Key Secu1ity Zone conducted by Other Government Agencies (OGA) will be drawn from individual agency monthly repo1ts submitted in support of Port, Waterways and Coastal Security (PWCS) - Response Activities and captured in the Risk-Based Maritime Security Response Operations tool (RBMSRO) on an as needed basis.

        2. Reports accounting for zone watch training sessions, a I ist of program pa1ticipants including permit period validity and identification number, and the number of vessels exercising authorized access into the Manbi1tee Key Security Zone shall be submitted to the USCG Sector St. Peterburg Port Security Specialist on a quarterly basis.


      6. POINTS OF CONTACT.


        1. USCG Sector St. Petersburg: Mr. Eric Allen,

          Port Security Specialist

          155 Columbia D1ive, Tampa, FL 33596

          813-228-2191 X-8108 or eric.c.allen@uscg.mil


        2. Seapo,t Manatee: Mr. David St. Pierre

          Director of Public Safety and Security

          300 Tampa Bay Way, Palmetto, FL 34221

          941-722-6621 or dstpieITe@seaportmanatee.com


      7. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with current law or other regulation or the directives of the U.S. Coast Guard, Department of Homeland Security, or Manatee County, Florida. If a term of this MOU is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this MOU shall remain in full force and effect.


      8. EFFECTIVE DATE. The initial terms of this MOU became effective on January 1, 2008 and shall remain in effect until terminated. The MOU is subject to review by the Captain of the Po1t eve1y 3 years or any time there is a change in the Captain of the Po1t, whichever occurs first. At the review, the Captain of the Pott will determine whether to leave the MOU in effect or terminate the MOU pursuant to section I 0. Nothing in this section shall limit the parties from exercising their right to tenninate the MOU at any time, pursuant to section 10.


      9. REVISIONS/MODIFICATIONS. This MOU may be modified or revised upon the mutual consent and written notice of the signatory parties.


      10. TERMINATION. The terms of this MOU, as modified with the consent of both parties, will remain in effect until either of the parties decides to terminate. Either party may terminate this MOU upon thirty (30) days of written notice to the other party.


        APPROVED BY:

        -Z--, u-n- CJ7M,lyzt,z 3   

        Michael P. Kahle (date) Captain, U.S. Coast Guard Captain of the Po1t

        David St. Pierre (date) Director of Public Safety and Security Seaport Manatee

        . \• !


        MANBIRTEE KEY ZONE WATCH PROGRAM GUIDELINES

        For monitoring Manbirtee Key Security Zone


        Concept and Background: The U.S. Coast Guard continuously evaluates the risk to Maritime Transportation System (MTS) infrastructure. As a result of risk analysis, the Captain of the Port (COTP) St. Petersburg has determined that it is appropriate to enhance the security associated with the spoil island, known as Manbirtee Key, adjacent to the Port Manatee entrance channel as defined by 33 CFR 6.01-5. As outlined in 33 CFR 165.703(a)(l)(iv), the Manbirtee Key Security Zone encompasses the island and extends 500 yards in all directions from the island's shoreline, except for the intersection of the security zone and the southern boundary of the Port Manatee entrance channel.


        No one may enter a security zone without the permission of the U.S. Coast Guard COTP, as authorized by 33 CFR 6.04-6.


        Further, the COTP may supervise and control the movement of any vessel to prevent damage to any waterfront facility, as authorized by 33 CFR 6.04-8.


        Finally, 46 U.S.C. 70103(b)(4)(A) covering Maritime Transportation Security Plans authorizes the Secretary to consider:


        1: (b)(4)(A) the use of public/private partnerships to enforce security within the security zones ... and;

        2: (b)(4)(B) technological means of enhancing the security zones ofport(s).


        In an effort to facilitate legitimate commercial and recreational activity within the security zone, the COTP has entered into a partnership with Seaport Manatee to create a security zone monitoring program. The monitoring program will be comprised of a voluntary reporting system and continuous technological monitoring of the island and surrounding approaches. The program is designed to enhance security for Manbirtee Key by using program participants to assist with security monitoring for the island. The monitoring and access control program for the security zone shall be referred to as the Manbirtee Key Zone Watch (MKZW) Program.


        The U.S. Coast Guard reserves the right and will likely close the Manbirtee Key Security Zone during periods of heightened MARSEC Levels or heavy weather.


        General: The Seaport Manatee Security Department agrees to perform the functions of monitoring and managing access to the Manbirtee Key Security Zone with direct report to USCG Sector St. Petersburg. Seaport Manatee also agrees to act as an agent of the COTP, as authorized by the Maritime Transportation Security Act of 2002.


        Purpose: The Manbirtee Key Security Zone is designed to facilitate a response to disrupt efforts by potential terrorists to destroy the Natural Gas (NG) pipeline that transits the island. The Seaport Manatee Security Department will monitor the Security Zone continuously to determine if the perimeter of the Security Zone has been violated. Implementation of the Zone Watch Program is intended to identify credible commercial and recreational boaters desiring to access the Security Zone before admitting them. A boater will be deemed an acceptable applicant for the program after they have submitted

        an application, passed screening, and attended security indoctrination training. The resultant vigilant boater will enhance security within the Security Zone rather than constitute a potential threat.


        Responsibilities: USCG Sector St Petersburg will periodically audit administration of this program and may direct alterations to ensure its effectiveness. The COTP may cancel this program if it proves ineffective or impracticable. The Coast Guard will train maritime law enforcement personnel to facilitate cooperation with this program.


        Seaport Manatee will administer the provisions of this agreement as well as produce and provide indoctrination training for recreational boaters. Seaport Manatee may charge the applicant a nominal fee to cover expenses associated with implementing the program and conducting training.


        Under the supervision of USCG Sector St. Petersburg, Seaport Manatee will administer a public information program to advise the boating public of the provisions of the Manbirtee Key Zone Watch Program. The elements of the program include:


        1. Enrollment of program participants

        2. Monitoring Manbirtee Key Security Zone

        3. Access Control for Manbirtee Key Security Zone

        4. Response to Intruders

        5. Reports


        1. ENROLLMENT OF PROGRAM PARTICIPANTS


          1. The enrollment application shall include:

            1. name

            2. date of birth

            3. alien registration (if applicable); and

            4. signature on a "Standard of Conduct"


          2. Each applicant will be required to demonstrate eligibility to participate in the program through the completion of background screening. The following documents serve as proof of meeting the background requirements:

            1. Certified Law Enforcement Credentials

            2. A valid state issued concealed carry permit

            3. A valid Transportation Workers Identification Credential (TWIC)

            4. A current Trusted Traveler Number issued by the Transportation Security Agency (TSA) through the TSA Pre-Check program.


          3. Each applicant shall attend an indoctrination course that is subject to COTP approval. At a minimum, the indoctrination course shall include:

            1. security zone overview

            2. familiarization·with the Tampa Bay Security Zone flyer,

            3. familiarization with the Manbirtee Key Zone Watch Standard Operating Procedures (see SOP).

          4. Upon satisfactory completion of the above, the part1c1pant shall be issued a Personal Identification Card and a Vessel Placard or Device. The Personal Identification Card will expire 5 years after the date of issue and may be renewed upon the completion of the required background screening.


            1l\ v1anatee

          5. The Standard Identification Placard appears as follows:



            The placard contains an annually renewable registration number in the lower left and a MKSZ specific number in the lower right corner. The Standard Identification Device shall be provided by Seaport Manatee to the Zone Watch participant for a fee. The device shall be displayed in accordance with the SOP.


            Standard of Conduct


            Zone Watch participants shall agree to adhere to the below listed standards of conduct before being eligible for admission into the Manbi1tee Key Security Zone. Zone Watch credentials are the property of the U.S. Coast Guard and will be surrendered to Seaport Manatee or USCG officials upon request.


            1. Zone Watch part1c1pants must maintain the Zone Watch credential and identification placard / device in their possession at all times while accessing the security zone.


            2. Zone Watch pa1ticipants should notify seapo11 security whenever they observe any suspicious behavior, activities, or circumstances.


            3. Zone Watch pa111c1pants must comply with all Federal, State, and County regulations, as applicable, including the county ordinance protecting sea grass around Manbi1tee Key.


            4. Zone Watch pa1ticipants will contact the Seaport Manatee Security Department prior to entering the security zone.

            5. Zone Watch participants will display the approved "Zone Watch" identification pennant/placard while accessing the Security Zone.


            6. Participants are required to continuously monitor Channel 16 VHF/FM while within the security zone.


            7. Participants will be required to comply with the direction of Federal, State and Local personnel charged with the enforcement of the Security Zone, including the direction of Seaport Manatee Port Security Personnel.


        2. ZONE WATCH MONITORING AND ACCESS CONTROL


          1. The Seaport Manatee Security Department shall monitor the Manbirtee Key Security Zone continuously through:

            1. Video Monitoring Manbirtee Key (sharing video feed with USCG Sector St Petersburg).

      11. Managing access to Manbirtee Key.

      iii. Seaport Manatee Security Department granting access to the Manbirtee Key Security Zone to vetted boaters.


        1. Access Control for Manbirtee Key Security Zone shall be granted by the Seaport Manatee Security Department in accordance with the SOP.


        2. The SOP shall contain provisions for participants that require:

          1. contact by participants intending to enter the MKSZ via telephone prior to arriving in the area to allow Seaport Manatee personnel to prepare for their arrival;

          2. contact via VHF radio immediately prior to entering the security zone;

          3. provisions for participants to report suspicious activities to the Seaport Manatee Security Department;

          4. contact via VHF radio immediately upon departure from the security zone.


            Additionally, the SOP shall contain provisions for the Seaport Manatee Security Department to:

          5. communicate the status of the MKSZ to USCG Sector St. Petersburg Command Center;

          6. procedures for Seaport Manatee to interrogate apparent MKSZ encroachments;

          7. protocol to share status of intruders with the Seaport Manatee Security Department during interrogation of intruders.


      1. RESPONSE TO INTRUSION

        In general, the monitoring of the MKSZ shall be conducted by the Seaport Manatee Security Department. Seaport Manatee Security Department shall query any vessel not displaying the proper identification placard that they observe within the MKSZ or that is reported by other vessels participating in the MKZW Program.


        Vessels deemed to be first time "innocent" intruders into the security zone shall receive information regarding the program, have their personal and vessel information recorded, and will be instructed to leave the security zone immediately. At the discretion of the Seaport Manatee Security Department, this may be accomplished via radio, through a visit by the Seaport Manatee Security Boat, or by

        requesting that the intruder proceed to a specified dock at Port Manatee for instruction.


        Vessel operators who are repeat unauthorized intruders or who refuse to voluntarily obey the instructions from the Seaport Manatee Security Department, shall be immediately reported to the USCG Sector St. Petersburg Command Center for appropriate action.


        If a vessel is discovered attempting to access Manbirtee Key for potentially nefarious reasons, Seaport Manatee shall contact the Manatee County Sheriffs Department and the USCG Sector St. Petersburg Command Center.


      2. REPORTS


      Seaport Manatee Security Department shall prepare a report of each intruder that enters into the MKSZ to the USCG Sector St. Petersburg Command Center.


      Monthly or upon request, Seaport Manatee Security Department shall prepare a report of the number of vessels exercising authorized access into the MKSZ.


      Seaport Manatee ZONE WATCH APPLICATION Page 1

      Applications must be completed in ink. Do not fold or bend.

      FEES: $50 initial, $50 renewal, $30 decal replacement, $10 Flag/ID replacement

      Cash, Credit Card, Cashier's Check, Company Check, or Money Order Only


      FOR OFFICE USE ONLY


      INITIAL: RENEWAL REPLACEMENT:


      METHOD OF PAYMENT: .........................................................J .ECIEPT # ....................................... ID VERIFIED#                                

      91:P fiAQQBtt BXf!BBS NfiWfiAQQfi#


      APPLICANT SECTION; (To be completed by applicant)

      Name:                                   Date of Birth:             _ (Last / First I Middle Name) (MM/ DD NYYY)

      All maiden names/previous names/aliases used:                      


      Social Security Number:                     Sex:        Race:       


      Alien Registration Number (if applicable):                   Exp. Date:       


      USCG License Number (if applicable):                    Exp. Date:      


      Place of Birth:···············cai;;Tst" i I Country) Citizen of:..................................................


      Color of Eyes:            _


      Height:               _

      Color of Hair: ------------- Weight:                


      CURRENT ADDRESS:

      Street: ...............................................................

      State/ZIP: .........................................................

      From Date: ........................................................

      City:......................................................

      Phone:....................................................

      To Date:................................................


      ARREST

      HAVE YOU BEEN CONVICTED OR HAD A FINDING OF GUILT FOR ANY

      FELONY IN ANY JURISDICTION (including withheld adjudication)


      Yes. No    IF YES, COMPLETE THE FOLLOWING

      Crime Charge:                          Date:          _ Police Agency:                        Disposition:         _

      (List any additional felony convictions on a separate sheet of paper)


      (Continue)


      ZONE WATCH PARTICIAPANT- STANDARD OF CONDUCT

      BY INITIALING THE FOLLOWING, I ACKNOWLEDGE:

      Page2


      1.  


      2.  


      3.  


      4.  


      5.  


      6.  


      7.  


      8.  


      9.  

      All Zone Watch Credentials are the property of the United States Coast Guard Sector St. Petersburg.

      Zone Watch Credentials are not transferable and must be in the possession of the operator at all times while accessing the security zone.

      The Captain of the Port, in consultation with the Seaport Manatee Director of Seaport Security, reserves the right to suspend or revoke an individual's authorization to participate in the zone watch program when such action is warranted.

      Zone Watch participants should notify seaport security whenever they observe any suspicious behavior, activities, or circumstances.

      AII zone watch participants must comply with all Federal, State, and County regulations as applicable, including the county ordinance protecting seagrass around Manbirtee Key.

      AII zone watch participants will contact the Seaport Manatee Security Department prior to entering the security zone.

      Zone Watch participants must display the approved "Zone Watch" identification pennant/placard while accessing the security zone.

      Participants are required to continuously monitor Channel 16 VHF/FM while within the security zone.

      Participants will be required to heed the direction of Federal, State, and Local personnel charged with the enforcement of the Security Zone, including the direction of Seaport Manatee Port Security Personnel.


      Authority: 49 USC 114, 50 USC 191, and 33 CFR 125.


      Purpose: The Department of Homeland Security will use this information to conduct a security threat

      assessment.                                        


      Routine Uses: The information will be used by and disclosed to U.S. Department of Homeland Security Personnel and Contractors or other agents who need the information to assist in activities related to port security. OHS may share this information with facility operators, law enforcement or other government agencies as necessary to respond to potential or actual threats to transportation security, pursuant to its published Privacy Act system of records.


      Furnishing the Social Security Number is voluntary. However, failure to submit the requested information may delay or prevent the completion of your threat assessment, which may prevent your authorization to participate in the program.


      (Employee Signature) (Date) (Witness Signature)


      TRAINING CERTIFICATION


      Date Training Conducted:                              Signed:

      May 23, 2023


      CONSENT

      AGENDA ITEM 1.G.: WAREHOUSE 12 STORMWATER TREATMENT

      CAPACITY


      BACKGROUND:


      On June 4, 2021, the Executive Director approved and entered into a contract with National Stormwater Trust, Inc. for a Capacity Purchase Agreement to purchase stormwater capacity totaling $127,500 for the stormwater capacity associated with the Berth 4 Extension project. The parties now wish to amend the contract to increase that capacity purchase to add .57 acres of stormwater capacity, totaling an additional $427,500 as provided for in Schedule A No. 1, for the Warehouse 12 Cargo Pad project. The approval allows National Stormwater Trust to provide a Reservation Letter after payment of a deposit to help expedite the permitting process.


      ATTACHMENT:


      National Stormwater Trust, Inc. Capacity Purchase Agreement Schedule “A” No. 01


      COST AND FUNDING SOURCE:


      FDOT grant funding of $213,750 and $213,750 Port cash


      CONSEQUENCES IF DEFERRED:


      Delay in purchase of offsite stormwater treatment capacity


      LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:


      Move to ratify the National Stormwater Trust, Inc. Capacity Purchase Agreement and approve and authorize the Chairman to execute Schedule “A” No.: 01 Purchase of Additional Capacity in the amount of $427,500 between National Stormwater Trust, Inc. and the Manatee County Port Authority, subject to the review and approval of FDOT.


      ""'

      l'I national stormwater trust™

      2282 Killearn Center Boulevard Tallahassee, Florida 32309

      888.597.6872


      NATIONAL STORMWATER TRUST, INC. CAPACITY PURCHASE AGREEMENT

      THIS CAPACITY PURCHASE AGREEMENT ("Agreement") is made and entered into this   _l±fh day of   J°Une  , 2021, (the "Effective Date") by and between NATIONAL STORMWATER TRUST, INC., having

      an address of 2282 Killearn Center Boulevard, Tallahassee, Florida 32309 ("Seller"), and Manatee County Port Authority dba Port Manatee, having an address of 300 Tampa Bay Way, Palmetto, Florida 34221 ("Buyer").


      RECITALS:


      WHEREAS, Seller has entered into a "Lease and Operating Agreement for Regional Stormwater Facilities" with the Florida Department of Transportation ("FOOT"), dated August 28, 2019 ("FOOT Agreement"), and the FOOT Agreement grants to Seller the exclusive right to lease FOOT rights-of-way within the FDOT's Districts 1, 5, and 7 for the purpose of developing stormwater treatment capacity; and


      WHEREAS, section 373.413, Florida Statutes, and Section 4.8 of the Southwest Florida Water

      I \ I I

      Management District's Applicant's Handbook Volume 2 allow alternatives to onsite stormwater treatment, including compensating stormwater treatment; and


      WHEREAS, Seller has developed, or has identified and intends to seek authorization to develop, stormwater treatment capacity within the Tampa Bay basin (the "Identified Capacity"); and


      WHEREAS, Seller and Buyer desire to reserve the Identified Capacity for Buyer's use concerning the following project: Berth 4 ("Project"); and


      WHEREAS, Seller has obtained the regulatory and proprietary approvals necessary to develop, manage, operate, and maintain the Identified Capacity for the purpose of meeting Buyer's regulatory requirements for the treatment of stormwater for the Project;


      NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed:


      1. Recitals. The recitals are true and correct and incorporated herein by this reference and made a part of this Agreement.


      2. Compensation. Buyer shall purchase from Seller and Seller shall sell to Buyer 0.17 acre-foot of stormwater treatment capacity (the "Capacity") for the Project.


        THIS FORM IS FOR COMPENSATORY CAPACITY ONLY

        Revised: 08312020

        © 2020 National Stormwater Trust, Inc., all rights reserved

        1. Purchase Price. In exchange for the Capacity, Buyer shall pay to Seller a unit price of $750,000 per acre-foot of capacity, for a total sum of $127,500.00 (the "Purchase Price").


        2. Payment Timing. Upon Seller issuing a Capacity Allocation Certificate (as defined below), Buyer shall pay Seller the Purchase Price.


        3. Payment Method. All payments hereunder shall be made to National Stormwater Trust, Inc. or such other future successor or affiliated entity that Seller may designate in writing to Buyer. Buyer shall pay the Deposit, Second Deposit, Purchase Price, and Balance of Purchase Price by either cashier's check drawn on a financial institution located in the United States of America, a government check, a wire transfer, or Automated Clearing House transfer. In no instance shall the Capacity be made available to or otherwise used by Buyer prior to Seller having received payment of the Purchase Price and that payment clears Seller's bank account.

          ' ' ' .

        4. Other Terms. Buyer will have the right to terminate this Agreement without cause upon 30 days

          written notice to Seller. Buyer will compensate Seller for any goods received and accepted by Buyer and any services approved and performed prior to the date of termination. Alternatively, capacity purchased under this Agreement may be transferred to another project under development by Buyer.


      3. Process.


        1. Reservation Letter. Within three (3) busi ess days of receiving a ritten request from Buy r, Seller

          1

          will send a letter to Buyer indicating that the Capacity has been reserved by Buyer for the Project ("Reservation Letter").


        2. Allocation of the Capacity and Transfer of Capacity to Buyer. Seller will obtain approval of the Capacity allocation for the Project from the applicable regulatory entity through modification of Seller's permit(s) ("Permit Modification"), which transfers Buyer's stormwater related obligations for the Project to Seller. Assuming Buyer is in full compliance with this Agreement, Seller shall deliver to Buyer a "Capacity Allocation Certificate" and a copy of the Permit Modification documenting the agency-approved Capacity allocation to Seller, along with an invoice for the Purchase Price. If, after receipt of the Purchase Price, Buyer has not received regulatory authorization for the Project, Seller will hold the applicable "Orphaned Capacity" on Seller's Capacity ledger for a period not to exceed the Holding Period (as defined below).


        3. Holding Period. Seller will reserve the Orphaned Capacity on Seller's Capacity ledger(s) for one (1) year ("Holding Period"). At Seller's discretion, at the end of the Holding Period, Seller will no longer reserve the Orphaned Capacity. However, if Buyer notifies Seller before the end of the Holding Period that Buyer wishes to extend the Holding Period, Seller, at its sole discretion, may extend the Holding Period.


        4. Termination and Remedies. At Seller's discretion, this Agreement shall automatically terminate if Buyer does not pay the Purchase Price to Seller on or before ten (10) days from the due dates listed above. Buyer's failure to make any required payments due under this Agreement within the time periods required herein shall constitute Buyer's default of this Agreement. In the event of Buyer's default and Buyer's failure to cure the default within fifteen (1 5) business days of written notice of the default from Seller, Seller shall be entitled to terminate this Agreement and retain any Purchase Price due and/or paid, and retain all capacity reserved, purchased, or withdrawn now or in the future on Buyer's behalf. If Seller defaults, Buyer's sole remedy shall be to terminate this Agreement and obtain a refund of Buyer's Purchase Price paid. The parties


          Page 2 of 11


          © 2020 National Stormwater Trust. Inc.•

          agree and acknowledge that the permitting agency(ies) have exclusive jurisdiction to enforce Seller's compliance with the terms and conditions of the authorizations for the Capacity, and Buyer agrees it shall not be entitled to sue Seller, and hereby covenants not to sue Seller, to enforce compliance with the terms and conditions of any permit or other authorization.


      4. Covenants and Representations. Seller represents that it is authorized to sell the Capacity. Seller shall be responsible for the development and maintenance of the Capacity in accordance with Seller's regulatory and proprietary authorizations. Seller has good and sufficient title to the Capacity it will sell to Buyer. Buyer shall have no rights or obligations to perform any of the responsibilities of Seller regarding the development or maintenance of the Capacity. Buyer shall not have any rights or obligations to enforce any of the responsibiliti s of Seller under Seller's authorizations.



        George Isiminger

      5. Capacity Purchase Conditioned on Agency Approval. The purchase of the Capacity under this Agreement is c nditioned on Seller and uyer obtaining the nec ssary regulatory and pr prietary approvals of each applicable agency for the use of the Capacity to fulfill the.requirements of the Project. If either Buyer or Seller is unable to obtain the necessary approvals, then Buyer shall be entitled to receive a full refund of the Purchase Price (less Deposits if due to Buyer's failure) and Seller shall retain all rights to the Capacity reserved on Buyer's behalf. In such an event, this Agreement shall be null and void ab initio.


      6. Additional Capacity Purchases Pursuant to this Agreement. Buyer may purchase additional capacity under this Agreement, subject to availability and written agreement between the parties. The written agreemen\ to purchase additionalapacity shall be made a addendum to this Agn;ement and shall be in a form substantially similar to the attached Schedule A, Purchase of Additional Capacity ("Schedule A") and signed by both parties. In the event that the language of this Agreement and the Schedule A conflict, the language of a fully-executed Schedule A shall control.


      7. Notices. Any notices required or permitted hereunder shall be sufficiently given if delivered by overnight courier requiring a delivery signature or by United States certified mail, return receipt requested, to the parties as follows:


        If to Seller:

        National Stormwater Trust, Inc.

        Attn.: General Counsel

        2282 Killearn Center Boulevard Tallahassee, Florida 32309


        lfto Buyer:

        -

        Manatee County Port Authority Attn.·        

        300 Tampa Bay Way Palmetto, Florida 34221


        Any notice given by overnight courier shall be effective as of the date of delivery, and any notice given by United States certified mail, return receipt requested, shall be effective as of the fifth business day following its posting, regardless of whether the envelop or package is signed for by the intended recipient.

      8. Amendment. This Agreement may be amended only by a written document stating the specifics of the amendment, executed by both Seller and Buyer.


      9. Applicable Law. Seller and Buyer shall be contractually bound to this Agreement, which shall be governed by the laws of the state of Florida. Venue for any disputes under this Agreement shall be in Leon County, Florida. Changes in federal, state, or local laws that might have otherwise impacted this Agreement shall not be enforced retroactively after execution of this Agreement. Each party shall be held harmless for damages sustained by the other party as a result of changes in federal, state, or local laws or regulations pertaining to this transaction or changes in the interpretation or enforcement of said laws or regulations.


      10. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of Seller and Buyer. Buyer shall not assign any interest hereunder without the prior written approval of Seller.

      ' ' ' ' .

      .11. No Third-Party Beneficiaries. This Agreement does not confer any benefits to persons or entities

      who are not either (a) parties to this Agreement, or (b) successors and permitted assigns of the parties to this Agreement.


      1. Confidentiality. The terms of this Agreement are confidential and may not be disclosed to third parties except as otherwise required by Florida's public records laws, court order, subpoena, or with the written permission of Seller and Buyer.

        \ \ \

      2. Waiver of Jury Trial. Buyer and Seller agree that each knowingly, voluntarily, and intentionally waives the right it may have to a trial by jury with respect to any litigation based on, or arising out of. under. or in connection with this Agreement or any document contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing. statement (whether oral or written). or action of the other party.


      3. Recording. Seller reserves the right to record this Agreement (without pricing information) or a summary of this Agreement in the public records of the County in which the Capacity is located. If recorded, Seller shall provide Buyer with a copy of the recorded document.


      15 Entire Agreement. The terms and conditions of this Agreement, any fully executed Schedule A, and Exhibit A shall constitute the sole and entire agreement between the parties with respect to the subject matter hereof. This Agreement, any executed Schedule A, and Exhibit A may be amended, modified, or altered only by the written agreement of the parties. The parties acknowledge and agree that this may be a long-term agreement and, as such, Seller may request certain revisions to this Agreement in order to accommodate or comply with future permit, regulatory, risk management, or owner requirements. If such written requests are made by Seller to Buyer, Buyer agrees to promptly review and act upon the requests, and any approval by Buyer of the requests shall not be unreasonably withheld. This Agreement and any executed Schedule A supersede all oral and written agreements and understandings relating to the subject matter hereof and contain the entire agreement of the parties relating to the subject matter thereof, including without limitation any conflicting terms or conditions of purchase orders that may be issued to Seller by Buyer. This Agreement and any Schedule A may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute a single agreement.

      IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written.


      SELLER:

      NATIONAL STORMWATER TRUST, INC.


      By:          Jeff Littlejohn

      Its: President   · - ­


      BUYER:

      Manatee County Port Authority dba PORT MANATEE

      . . .- -   ·

      ':'I

      By· _Q3/2>,-,?1\JJ lfJ-

      1. .;..,o..r-l 05 .1:>u ve..rc..S

        Its· _Gxe.L1.J'h've. --b;re; ,t-or

        SCHEDULE "A" NO.:   _ PURCHASE OF ADDITIONAL CAPACITY


        National Stormwater Trust, Inc. ("Seller") is pleased to reserve and sell the herein described Additional Capacity (as that term is defined below) pursuant to the terms and conditions of this Schedule A and the attached Capacity Purchase Agreement with             ("Buyer") dated           ,

        20   ("Agreement"), the terms and conditions of which are incorporated into this Schedule A.


        l. Once fully executed by the parties, this Schedule A shall become an addendum to the Agreement. All terms and conditions of the Agreement shall apply to this Schedule A unless they have been specifically and explicitly modified by or amended in this Schedule A.



      2. , Effective Date").

        Effective Date. The effective date of this Schedule A shall be         , 20 ("Sch. A

        .

        ' '


      3. Permit. Buyer seeks to fulfill Buyer's requirements concerning stormwater runoff from impervious surfaces under Environmental Resource Permit application number   from the

                      (the "Permit").


      4. Compen,sation. Buyer shall purc ase from Seller and Sell er shall sell to Buyer--,--- acre-

        1 1

        feet of stormwater treatment capacity (the "Additional Capacity") within the       basin for the following Buyer project:             ("Project").


        1. Purchase Price. In exchange for the Additional Capacity, Buyer shall pay to Seller a unit price of

          $    .   per acre-foot for the Additional Capacity, for a sum total of             ($        ) (the "Purchase Price"). [OR] a. Purchase Price. In exchange for the Additional Capacity, Buyer shall pay to Seller an annual fee of           ($       .   ) (the "Purchase Price").


        2. Deposit. In order to secure a Reservation Period, Buyer shall pay Seller a deposit of   _ percent (_  %) of the Purchase Price, which is   ($ .00) [OR]

               ($    .  ) ("Deposit"). If Buyer wishes to extend the Reservation Period, Buyer may pay Seller another deposit of           ($   .00) ("Second Deposit"). The Deposit and the Second Deposit are non-refundable but will be applied to the Purchase Price. If Buyer previously entered into an Intent to Reserve Capacity Agreement with Seller concerning the Additional Capacity, then any reservation fee paid pursuant to that agreement shall be credited to the Deposit payable pursuant to this paragraph.


        3. Payment Timing. On or before ten (10) days from the Sch. A Effective Date, Buyer shall pay Seller the Deposit or the Purchase Price. The balance of the Purchase Price less the Deposit and the Second Deposit (the "Balance of Purchase Price") is due from Buyer to Seller upon the end of the Reservation Period [OR] The Purchase Price less the Deposit and the Second Deposit is due from Buyer to Seller on or before   of each year.


        4. Payment Method. All payments hereunder shall be made to National Stormwater Trust, Inc. or

          such other future successor or affiliated entity that Seller may designate in writing to Buyer. Buyer shall pay the Deposit, Second Deposit, Purchase Price, and Balance of Purchase Price by either cashier's check drawn on a financial institution located in the United States of America, a government check, a wire transfer, or Automated Clearing House transfer. In no instance shall the Additional Capacity be made available to or otherwise used by Buyer prior to Seller having received payment of the Purchase Price and that payment clears Seller's bank account.


        5. Other Terms. The Purchase Price and all capacity purchased under this Schedule A are non­ refundable and non-transferrable by Buyer.


      6. Additional Schedule A Terms and Conditions. This Schedule A shall be fully enforceable by either party regardless of whether it is physically attached to the Agreement.


      IN WITNESS WHEREOF, the part!es hereto have caused this Schedule A to be e ecuted on the day and year first above written.


      SELLER:

      NATIONAL STORMWATER TRUST, INC.


      By:


      Its:            1     


      BUYER:

      Manatee County Port Authority dba PORT MANATEE


      By:


      Print Name:          



      Its·                  

      EXHIBIT A


      ARTICLE 1

      NON-DISCRIMINATION


      During the performance of this Agreement, Seller, for itself, its assignees and successors in interest, agrees as follows:


        1. In carrying out its stormwater services to Buyer, Seller will comply with the regulations relative to non­ discrimination in federally assisted programs of the Department of Transportation (DOD Title 49, Code of Federal Regulations, Part 21, as amended from time to time (hereinafter referred to as the Regulations), which are incorporated herein by reference and made a part of this Agreement.


        2. Civil Rights. Seller, with regard to the work performed by it under this Agreement, will not discriminate

          ,on the grounds of race'. color, or national origin in the selection and r tention of subcontracto s,

          .including procurements .of materials and leases .of equipment. Seller will not participate directly .or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. During the performance of this Agreement, Seller, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities, including but not limited to:


          1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits

            \ \ \ \ \

            . discrimination on the basis of race, color, national origin);


          2. 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation-Effectuation of Title VI of The Civil Rights Act of 1964);


          3. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);


          4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27;


          5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);


          6. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);


          7. Titles II and Ill of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;

          8. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;


          9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, natiqnal origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, Seller must take reasonable steps to ensure hat LEP persons have meaningful access to Seller's programs (70 Fed. Reg. at 74087 to 74100); and


        3. In all solicitations either by competitive bidding or negotiation made by the Seller for work to be performed under a s bcontract, including pr curement of materials or leases of equipment, ach potential subcontractor or supplier must be ,notified by Seller of Seller's obligations under.this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color or national origin.


        4. Seller will provide all information and reports required by the Regulations or directives issued pursuant thereto and must permit access to its books, records, accounts, other sources of information and its facilities as may be determined by Buyer to be pertinent to ascertain compliance with such Regulations,

      '

      orders and instructions. Where any information required of Seller is in the exclusive possession of

      \ \ \

      another who fails or refuses to furnish this information, Seller will so certify to Buyer, as appropriate, and will set forth what efforts it has made to obtain the information.


      l .0S In the event of Seller's non-compliance with the non-discrimination provisions of this Agreement, Buyer will impose such contractual sanctions as it may determine to be appropriate, including, but not limited to, withholding of payments to Seller under this Agreement until Seller complies, and/or cancellation, termination or suspension of this Agreement, in whole or in part.


        1. Seller will include the provisions of Paragraphs 1.01 through 1.05 in every subcontract and subconsultant contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued thereto. Seller will take such action with respect to any subcontract or procurement as Buyer may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided, however, that in the event Seller becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, Seller may request Buyer to enter into such litigation to protect the interests of Buyer and, in addition, Seller may request the United States to enter into such litigation to protect the interests of the United States.


        2. Seller assures that, in the performance of its obligations under this Agreement, no person will be excluded from participating in any activities covered by such requirements on the grounds of race, creed, color, national origin, or sex. Seller, if required by Buyer, will provide assurances to Buyer that Seller will undertake an affirmative action program and will require the same of its subconsultants.

          ARTICLE 2


          OMPLIANCE WITH CHAPTER 119, FLORIDA STATUTES PUBLIC RECORDS LAW


          IF SELLER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SELLER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT [PHONE]. [EMAIL), [ADDRESS].


          In carrying out its credit rating services under this engagement Seller agrees in accordance with Florida Statute Section 119.0701 to comply with public records laws including the following:


          1. Keep and maintain public records required by Buyer in order to perform the Services contemplated by this Agreement.


          2. Upon req est from Buyer's custodian of public records,, provide Buyer with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law.


          3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement term and following completion of this Agreement.

            I

          4. Upon completion of this Agreement, keep and maintain public records required by Buyer to perform the Services. Seller shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Buyer, upon request from Buyer's custodian of public records, in a format that is compatible with the information technology systems of Buyer.


      ARTICLE 3


      COMPLIANCE WITH SECTION 2_0.055{51 FLORIDA STATUTES


      The Seller 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.


      ARTICLE 4


      COMPLIANCE WITH FEDERAL AND STATE (FOOT) GRANT REQUIREMENTS


      Many of Buyer's projects, which stormwater treatment and this Agreement applies, have Federal and/or State (FDon grant funding that may be used for this Agreement. Seller agrees that it will comply with all of the applicable grant requirements, which include among other things:

      1. Keep and maintain public records for a minimum of five (5) years;

      2. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter 11 9, Florida Statues, or as otherwise provided by law;

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

      4. Seller and its team shall cooperate with all Federal and/or State grant representatives and Buyer's representatives that are inspecting all work, materials, payrolls/ records, or performing audits of books, records and accounts pertaining to the project or this Agreement.


      ®

      2282 Killearn Center Boulevard Tallahassee, Florida 32309 https://nationalstormwater.com


      SCHEDULE “A” NO.:  01 PURCHASE OF ADDITIONAL CAPACITY


      National Stormwater Trust, Inc. (“NST”) is pleased to sell the herein described Additional Capacity (as that term is defined below) pursuant to the existing Capacity Purchase Agreement with Manatee County Port Authority dba SeaPort Manatee (“Buyer”) dated June 4, 2021 (“Agreement”), the terms and conditions of which are incorporated into this Schedule A. Once fully executed by the Parties, this Schedule A shall become an addendum to the Agreement, regardless of whether it is physically attached to the Agreement. All terms and conditions of the Agreement shall apply to this Schedule A unless they have been specifically and explicitly modified by or amended in this Schedule A.


      Schedule A Effective Date:          


      Basin: Tampa Bay


      Project: SeaPort Manatee Cargo Pad Pavement Project


      Additional Capacity: 0.57 ac-ft


      Additional Deposit: $85,500.00 (20% of Additional Purchase Price); Additional Deposit is payable upon execution of this Schedule A


      Additional Purchase Price: $427,500.00 (0.57 ac.-ft. x $750,000 per ac.-ft. Agreement price); Payable, less a credit for the Additional Deposit, within 30 days of Buyer’s receipt of the Capacity Allocation Certificate, Permit Modification, and invoice.


      SELLER:

      NATIONAL STORMWATER TRUST, INC.


      Sign:              


      Name:  Jeff Littlejohn, P.E. Its:   President       Date: 3/30/2023    

      BUYER:

      Manatee County Port Authority


      Sign:                    Name:  George Kruse        Its:  Chairman       


      THIS FORM IS FOR FLORIDA COMPENSATORY CAPACITY ONLY

      Revised: 06242021

      © 2021-23 National Stormwater Trust, Inc., all rights reserved

      May 23, 2023


      CONSENT

      AGENDA ITEM 1.H.: HOPPER AT BERTH 6 STRUCTURE DESIGN BACKGROUND:


      On February 16, 2023, the Authority approved Professional Services Authorization (PSA) No. 23-02 to RS&H, Inc. in the amount of $348,571 for design and construction phase engineering services for a hopper at Berth 6. RS&H has submitted a proposal in the amount of $29,292 to design a structure on the ground to support the heavy motor at the end of the discharge chute which was not anticipated in the original concept plans.


      ATTACHMENT:


      Professional Services Authorization (PSA) No. 23-04


      COST AND FUNDING SOURCE:


      FDOT funding of $14,646 and Port funding of $14,646


      CONSEQUENCES IF DEFERRED:


      Delay in approval of professional services


      LEGAL COUNSEL REVIEW: Yes


      RECOMMENDATION:


      Move to approve and authorize the Chairman to execute Professional Services Authorization (PSA) No. 23-04 to RS&H, Inc. in the amount of $29,292.00 to design a heavy motor structure on the ground for the hopper at Berth 6.

      PROFESSIONAL SERVICES AUTHORIZATION (PSA) NO. 23-04


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


      RS&H,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:


      Berth 6 Hopper


      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 January 12, 2023, for the above entitled project, facility or program.


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


      $29,292.00.


      DATED: May 23, 2023


      Owz

      MANATEE COUNTY PORT AUTHORITY


      By:      '-9.£-

      Executive Directm

      CONSULTANT C_).

      By:    1   

      Name, Title: Michael S. Dixon, PE, Vice President

      CONTRACT MANAGER

      George Isiminger

      Senior Director of Engineering and Construction


      Grant Contract #: G2278


      If applicable, the Authority has considered and hereby approves this Supplemental Professional Engineering Services Authorization with a quorum present and voting this 23rd day of May, 2023.


      Attest:


      By:           

      MANATEE COUNTY PORT AUTHORITY


      By:         


      Clerk of the Circuit Court Chairman

      SCOPE OF SERVICES

      Engineering Services

      For

      Hopper Repair Additional Structural Analysis and Design

      PORT MANATEE

      Manatee County, Florida

      PROJECT DESCRIPTION

      The intent of the overall project is to provide design and construction administration services for new 600-ton Hopper at Berth 6. RS&H, Inc. is the CONSULTANT and Manatee County Port Authority is the AUTHORITY as referenced in this scope of services.


      Additional Structural Design

      1. In analyzing the support structure for the conveyor discharge chute, the provided MM plans indicated a cantilever design. The MM guide specifications limited the size of the conveyor truss member in order for the system to have standard parts installed. With these limitations, a cantilevered truss system could not work structurally, and a new free-standing structure needs to be modeled and designed to support the 15,000 lbs of load at the end of the truss.

      2. This modeling and design of the free-standing structure was not included in the original proposal and is an additional engineering service that needs to be accomplished in order for the system to function correctly.

      3. This supplemental agreement is for the modeling, structural design, and cost estimate of a free-standing platform at the north end of the new conveyor CV-1B to support the catwalk, conveyor motor, and chute system.



      This additional effort will result in a 90-day extension.


      RS&H will submit the Ready for Construction (RFC) plans ans specifications on 7/26/2023.


      END SCOPE OF SERVICES

      04/18/2023 Port Manatee – Hopper Expansion 2023

      RS&H

      Port Manatee Hopper Expansion Additional Structrural Design



      4/17/2023

      Task

      Principal Engr./Project Officer

      Project Manager

      Sr. Engineer

      Engineer

      Sr. CAD

      Fee Total


      $335.00

      $285.00

      $195.00

      $135.00

      $138.00


      Structural Design







      Stand alone structural support chute

      2

      4

      24

      32

      16

      $13,018.00

      Details for stand alone structural chute

      1

      4

      8

      24

      8

      $7,379.00








      Calculations







      Structural Analysis & Modeling


      4

      16

      24


      $7,500.00








      Cost Estimate



      3

      6


      $1,395.00


      Subtotal

      $1,005.00

      $3,420.00

      $9,945.00

      $11,610.00

      $3,312.00

      $29,292.00

      Total Fee






      $29,292.00

      Notes:

      - Cat-walk on both sides of Conveyor-1B and around the head

      Proposed (4) column

      braced support frame for

      discharge chute and end of

      truss - cantilevered truss

      will not work with weight

      on end (15,000 lbs) and size

      of truss mandated by MM

      box is not shown in the this drawing



      04

      CONCEPTUAL DRAWINGS SIDE ELEVATION PORT MANATEE DRAWING:

      DWG BY:

      GMW

      SCALE:

      1/16" = 1'

      DATE:

      09/15/2022

      May 23, 2023


      CONSENT

      AGENDA ITEM 1.I: PERIMETER FENCING CONTRACT AWARD BACKGROUND:

      The Authority was awarded by The Department of Homeland Security Phase I and Phase II perimeter fencing in the total amount of $1,213,280 which is funded 75% grant and 25% Port. Phase I will replace approximately 7,385 feet of chain link fencing along the Port’s northern perimeter. Phase II will replace approximately 8,450 feet of fencing along the eastern and southern perimeter. On March 28, 2023, an invitation to bid was published on DemandStar with two bids received. The project is time-sensitive due to the grant deadline of Phase I. The low bidder was unable to meet the project deadline. We are recommending awarding to the second bidder, The second bidder, U.S. Fence & Gate Inc., additionally agreed to reduce the linear feet of fencing in Phase I in order to meet the total project budget. The negotiated contract price is $500,000 for Phase I and $599,488 for Phase II, subject to a Notice to Proceed for Phase II.


      ATTACHMENT:


      • Bid Tabulation

      • Contract

      • Change Order No. 1


      COST AND FUNDING SOURCE:


      FEMA Department of Homeland Security grant funding of $824,616 and $274,872 Port cash


      CONSEQUENCES IF DEFERRED:


      Delay in commencement of the perimeter fencing project. LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

      1. Move to approve and authorize the Chairman to execute the contract for perimeter fencing in the amount of $1,227,262 between U.S. Fence & Gate Inc. and the Manatee County Port Authority, subject to the receipt of required bonds and insurance. Authorize the Notice of Proceed to be issued for Phase I subject to the receipt of required bonds and insurance and authorize the Notice to Proceed to be issued for Phase II so long as the Environmental Historic and Preservation approval by FEMA. is obtained.


      2. Move to approve and authorize the Chairman to execute Change Order No. 1 between

      U.S. Fence & Gate Inc. and Manatee County Port Authority decreasing the contract amount $127,774 bringing the total for Phase I to $500,000 and Phase II to $599,488, for a new contract total of $1,099,488.

      Tabulation Sheet


      Agency Name Manatee County Port Authority


      Bid Number ITB-2-0-2023/RH


      Bid Name Port Perimeter Fence Replacement Bid Due Date 05/08/2023 10:00:00 Eastern Bid Opening Closed

      2 responses found. online, offline, not submitting, not received

      Declared

      Company Responded Address Bid Amount Alt Bid Amount Documents Sent

      Attributes

      Complete


      1 .


      U.S.

      Fence & Gate, Inc.


      05/08/2023

      09:09:20

      Eastern


      222

      Bunker Rd, LAKE

      CHARLES, LA, 70615


      $1,227,262.00


      0.0


      Completed and signed bid (ITB cover page) Signed Bid Instructions

      Signed Trench Safety Sworn Statement (if include Drug Free Business Form (if applicable)

      Att. per Bid Contents section 2.2.6








      Completed and signed bid (ITB cover page)


      2 .


      West Florida Fence


      05/08/2023

      09:50:34

      Eastern

      6500 E

      Broadway Ave, Tampa, FL, 33619


      $1,138,000.00


      0.0

      Signed Bid Instructions

      Signed Trench Safety Sworn Statement (if include Drug Free Business Form (if applicable)







      Att. per Bid Contents section 2.2.6

      INVITATION TO BID ITB-2-0-2023/RH

      PORT PERIMETER FENCE REPLACEMENT

      MARCH 28, 2023


      Manatee County Port Authority

      300 Tampa Bay Way, Suite 1

      Palmetto, FL 34221


      THIS IS NOT AN ORDER

      Bid Due Date May 8, 2023

      By no later than 2:00 PM EST


      All questions relating to this Invitation to Bid must be submitted in writing to the Purchasing Manager:


      Robert Howard

      Administrative Coordinator/Engineering & Construction 300 Tampa Bay Way, Palmetto, FL 34221

      941-721-2352 & Email: rhoward@seaportmanatee.com


      March 28, 2023


      Invitation to Bid

      April 19, 2023

      2:00 PM

      Pre-submittal meeting

      April 28, 2023

      2:00 PM

      Last day for inquiries

      Mays, 2023

      10:00AM

      Deadline for submitting bids

      May 23, 2023

      5:00 PM

      Port Authority meeting for approval

      Calendar of Events




      Bidder Name and Address (must be completed):


      ' Funded in Part By Grant: Phase One: U.S. Department of Homeland Security 2020 Port Security Grant Program Phase Two: U.S. Department of Homeland Security 2021Port Security Grant Program

      (el'J

      Bid Amount 60

      1. Phase One, a unit price sum of: $ 1 ']f)Y ,.,..

      2. Phase Two, a unit price sum of: $5'\'\1':iB'O

      ACKNOWLEDGEMENT OF ANY ADDENDA and/or REVISIONS: In signing this Bid, Bidder acknowledges and affirms that its Bid complies with all terms, conditions and specifications of this 1TB and any addenda, appendices or revisions thereto. If awarded a contract, Bidder will comply with all terms of its Bid and all terms, conditions and specifications of this 1TB and any addenda or revisions thereto.

      ...

      u,,/Oj

      Name of Authorized Company Representative (Type or

      Print) bMtD

      Signature of Authorized Compa Above

      Title


      Phone

      331-

      Date


      ........,_.. ,-----...;3..J,){P;)


      CHECKLIST FOR SUBMITTING AN E-BID


      Understanding the Invitation to Bid (ITB)


      • Thoroughly read and review this Request for Bids and all attachments, appendices, addenda, and/or revisions.

      • Submit any written questions to the Purchasing Manager by the deadline provided in the Calendar of Events.

      • Determine if the agency will hold a Bidders’ meeting (see Section 2.6) and check the date provided in the Calendar of Events.

      • Know how to deliver the Bid and the Bid Due Date. The Bid must be submitted by e-bid on DemandStar.com. Allow time to set up the necessary account. The bid is under agency name “Manatee County Port Authority.”


        Completing Your Bid


      • Read and verify your agreement with the terms of the ITB, including the Contract provided with the ITB. Make sure your prices and calculations are accurate. If required, provide additional written statement of what volume of work or quantity or products your company can handle under bid requirements. Do not alter the format of the Contract.

      • Complete, sign and assemble all documents required in the Bid Contents and Delivery Requirements section of the Bid Instructions.

      • This checklist is provided for the Bidder’s convenience only and is not required to be submitted with the Bid package.


        Submitting Your Bid


      • Prepare the following documents in Adobe Acrobat (*.PDF) format:


        • Completed and signed bid (ITB cover page)

        • Signed Bid Instructions

        • Signed Trench Safety Sworn Statement (if included)

        • Drug Free Business Form (if applicable)

        • Attachment required under Bid Contents and Delivery Requirements

      • Ensure all of the required documents are included in the e-bid submitted on DemandStar before the Bid Due Date and time in the Calendar of Events. No hard-copy or emailed or faxed Bids are allowed.


        If you are Chosen for a Contract Award:


      • Be prepared to provide any documents such as certificates of insurance, IRS Form W-9 (Request for Taxpayer Identification Number), Applicable Bonds, Contractors License, employee list etc.

      • The Contractor will be required to agree to indemnify the Manatee County Port Authority.

      BJD INSTRUCTIONS


      1. INTRODUCTION


        1. Procuring Agency

          Po11 Manatee is one of the largest of Florida's fourteen deep-water seaports. Governed by the seven-member Manatee Counly Port Authority, Port Manatee is the community's gateway to international trade and commerce. Located on over 1,100 acres, Port Manatee is the hub for a wide variety of agricultural and industrial commodities, including forestry products, fruits and vegetables, cih"us juices, aluminum, steel, paper products, petroleum products, natural gas, cement, construction-grade aggregate and fe1tilizer.


        2. Definitions

          Words and terms in this 1TB shall be given their ordinary and usual meanings, and all meanings shall be applicable to the singular and plural forms of the words and tenns. For the purposes of this 1TB. the following words and terms sha11 have the meanings indicated:


          "Agency" means Manatee County Po11 Authority.


          "Bid" or "Bid Document" means the complete response of a Bidder, including all required documentation, submitted on the approved forms and setting forth the Bidder's prices for providing the commodities described in the1TB.


          "Bidder" means any individual, company, corporation or other entity that responds to this ITB.


          "Calendar of Events" means the official schedule of events, deadlines and dates shown on the cover of this JTB.


          "Contract" means the contract awarded to a Bidder under this 1TB.


          "Contractor" or "Vendor" means a Bidder that is awarded a Contract w1der this ITB.


          "Interested Bidder" means any individual, company, corporation or other entity that is included on a solicitation list, requested a Bid package or attended a Bidders' meeting (if a Bidders' meeting is scheduled as part of this 1TB).


          "Invitation to Bid (ITB)" means this document including appendices, addenda, revisions and/or attachments.

          "Lowest Responsible Bidder" means the Bidder that submits the lowest dollar Bid and has demonstrated its ability and willingness to meet the conditions and specifications of this1TB.


          "Purchasing Manager'' means the person identified on the cover of this ITB who has been designated by the Agency to manage this 1TB.


          "State" means the State of Florida.

          J.3 Scope of Work

          The Manatee County P01t Authority (MCPA) is inviting qualified contractors interested in bidding the referenced project. The Scope of Work is included in Exhibit A. You are bidding on the identified Scope of Work. No deviations are permitted.

          Submit your bid for the Scope of Work. Include all of the work in the bid prices. Bidders shall plan the work and field verify existing conditions before bidding. Bidders are encouraged to observe the work site before quoting. Bidders must coordinate their visits with the Purchasing Manager listed herein.

          If appJicab.le, Bidders shall be solely responsible for complying with the Florida Trench Safety Act and Occupation Safety and Health Administration excavation saJety standards and any costs associated with these requirements shall be included in the Bid and detailed in the Ce1tificate of Compliance with the Florida Trench Safety Act Form.


            1. Delivery

              All fees must be included in base price and prices shall be :fiJm and are to be F.O.B. Destination, delivered to the Manatee County Port Authority, 300 Tampa Bay Way, Suite l, Palmetto, FL, 34221. Payment for materials will not be made at time of delivery.


            2. Amendments to Solicitation Documents

              The Agency reserves the right to issue amendments to the solicitation. Notice of any amendment will be posted on DemandStar.com w1der agency name Manatee County Port Authority. Such notice, if required, will contain the appropriate details for identifying the changes to the solicitation. Each bidder is responsible for monitoring the website for new or changing information concerning the solicitation.


            3. Specification Exceptions, Omissions, or Errors

              Specifications are based on the most current literature available. Bidder shall notify the Agency, through e-mail notification or by attending the Pre-Bid Conference prior to bid opening, of any change, omission or enor in the manufacturer's specifications, which conflict with the bid specifications.


            4. Option/Warranty Pricing

          Bidder shall disclose any manufacturer warranty provided on any materials procured in the base project and any of the submitted options. Any violations of this requirement, or any awarded integrator determined to be charging agencies an additional price for manufacturer included warranties, will be subject to withdrawal from the bid at the contract manager's discretion.


      2. BID PROCEDURES AND INSTRUCTIONS


        1. Reasonable Accommodations

          The Agency will provide reasonable accommodations, including the provision o[ informational material in an alternative format, for individuals with clisabilities upon request. If you need to

          receive or provide information in an alternative fo1mat or by alternative means or need accommodations at a Bidder meeting, contact the Purchasing Manager.


        2. Bid Contents and .Delivery Requirements

          Bidders shall submit an e-bid on DemandStar.com by the Bid Due Date in lhe Calendar of Events.


          Hard-copy, emailed or faxed Bids are not allowed.


          Bidders responding to this ITB must submit the following materials in Adobe Acrobat(*.PDF) format:


          1. Completed and Signed Bid Sheet: The Bid must include the completed and signed cover page of this ITB package. A Bid submitted in response to this 1TB must be provided per specifications of this 1TB and signed by the person in the Bidder's organization who is responsible for decisions regarding prices offered in the Bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices.

          2. Signed Bid Instrnctions.

          3. Completed and Signed Contractor's Affidavit.

          4. Completed and Signed Trench Safety Sworn Statement.

          5. Drug Free Business Form, if applicable.

          6. Anattachment providing the following infrnmation:

            1. Bidder's license number and years of business under the license number;

            2. Does the Bidder have a Drug-Free Workplace Program pursuant to s. 287.087, Fla. Stat.? If so, please complete Drug Free Business Form.

            3. Bidder must provide the name. address and telephone number of 3 business references.

            4. Bidder must identify if it has any of the following certifications and if so, proof of such:

              1. Disadvantaged Business Enterprise

              2. Minority Business Enterprise

              3. Woman Owned Enterprise

              4. Small Business Enterprise

            5. Bidder must provide bonding infonnation, including Bonding Company and its address, Bonding Agent and its address, contact name and telephone number. Please include aggregate Bonding Capacity and available bonding capacity as of the date of submission of the Bid.

            6. Bidder must provide certain financial information, including its financial institution name, address, account manager, and phone. AJso attach audited balance sheet for each of the last three years.

            7. Bidder must identify its construction experience including:

              1. Number of years of experience in the proposed type and size of constrnction work identified i11 this bid.

              2. Theconstruction experience of the principal individuals at your organization.

              3. A list of the most recent projects the bidder's organization bas had in




                construction work of similar type and size.

                4.

                A list of any other projects bidder believes would be of interest.

                H.


                Bidder must answer the following questions:


                1.

                Has the firm ever failed to complete a construction contract awarded to it? If yes, please explain why.


                2.

                Has a representative of the firm personally inspected the site? If so, who and



                do you anticipate any problems or concerns? How do you plan to overcome these?


                3.

                Has any corporate officer, pminer, joint venture participant, or proprietor ever



                failed to complete a construct confract awarded to them in their name or when acting as a principle of another entity? If so, why?


                4.

                Are there any judgments, claims, disputes or litigation pending or outstm1ding



                involving the firm or any of its officers? If yes, then please provide details of such litigation.

                l.


                Who is the Contractor's Safety officer?


                l.

                Please list all OSHA citations and notifications of penalty received within the last 5 years.


                2.

                Please list all of the safety citations or violations received within the last 5 years.


                3.

                Please provide Contractors workers compensations Experience Modification Rate for the last 5 years.


                4.

                Please provide the Days Away from Work, Days of Restricted Work Activity,



                or Job Transfer (DART) incidence rate for the particular industry or type of


                J.


                Work to be performed by Contract and subcontractors for the last 5 years. Please list all major equipment that the Contractor owns or leases



                and designate which is available for use on this project.


        3. Questions

          Questions concerning this ITB must be submitted in writing to the Purchasing Manager on or before the Deadline for Submitting Written Questions provided in the Calendar of Events. Submittal by email is prefeITed. Bidders are expected to raise any questions, exceptions or additions concerning the ITB document prior to this deadline. If a Bidder discovers any significant ambiguity, eITor, conflict, discrepancy, omission or other deficiency in this 1TB, the Bidder must immediately notify the Purchasing Manager and request modification or clarification of the ITB document. All questions will be recorded by the Agency. All questions and answers will be

          provided by the Purchasing Manager through w1itten notification, electronically to all registered Bidders.


        4. Bidders' Meeting

          The Bidders' Meeting is mandatory if indicated as such in the Calendar of Events on the cover page of this 1TB or in the Legal Ad on DemandStar.com. If the Bidders' Meeting is mandatory,

          failure to attend will result in disqualification to bid. If the Bidders' Meeting is not identified as mandatory, attendance is optional but encouraged, and there may be a requirement to pre-register with a deadline listed in the Calendar of Events. The Bidders' Meeting will be the only opportunity to view the work area before the bid_ The Authority will provide TWIC escmt for the Ridders' Meeting. To attend, report to the Access Control Center at 1705 Piney Point Road, Palmetto, FL 34221, with valid identification such as a valid driver license, and allow 30 minutes to clear

          security.


      3. BID ACCEPTANCE, VERIFICATION AND AWARD


        1. Bid Opening

          There will be no public bid opening since Bids must be submitted bye-bidding. Bid security is provided by DemandStar. Bids will become available to the Agency soon after the deadline for Bids submittal.


        2. Bid Review and Verification

          Eligible responsive bids will be evaluated to determine if all contract requirements are met. Bids that do not meet all contract requirements of this solicitation or fail to provide all required information, documents, or mate1ials may be rejected as non-responsive. Bidders whose bids, past performance, or current status do not reflect the capability, integ1ity or reliability to fully and in good faith perform the requirements of the contract shall be rejected. A Bid Tabulation will be provided through DemandStar after all of the information is verified.



        3. Bid Acceptance

          Bids that do not comply with instructions contained in this 1TB may be rejected by the Agency. The Agency reserves the light to waive a particular specification if no Bidder meets that specification for the same work or may extend the deadline for meeting the specification past the bid due date, but not past the award, if not a factor in the selection. The Agency may request reports on a Bidder's financial stability. The Agency may reject a Bid if the Bidder is detennined to have inadequate financial means to provide the product or service being bid. The Agency shall be the sole judge as to compliance with the instructions contained in tl-us ITB. Bids shall be firm for acceptance for sixty (60) days from date of Bid opening unless otherwise noted. Bid submittal constitutes a commitment to perform the work as specified in accordance with the provisions herein and correct deficiencies manifested within one year of completion of the work.


        4. Bid Withdrawal

          Bidder warrants by virtue of bid.cling the prices quoted in this bid response will be good for an evaluation period of ninety (90) calendar days from the date of bid opening unless otherwise stated. Bidders will not be allowed to withdraw their bids after the opening time and date.



        5. Basis for Award

          The Agency will evaluate each submission and select the lowest responsive responsible bid. The Agency will award to the lowest or best responsible bidder, whose qualifications may be determined by necessary facilities, ability, financial resources, and proven experience to perfonn the work in a satisfactory manner. Bidders are hereby advised that the Agency reserves

          the right to reject any bid proposal not considered to be competitive in nature based on the best pricing information available. Furthermore, the Agency reserves theright toreject any or all bids, in whole or in part, and/or make awards either as individual items or as a total combined bid, whichever they consider in the best interest of the Agency, and to waive any informality in any

          proposal. Additionally, the Agency reserves the right to waive any minor inegularity, technicality, or omission if it is determined that doing so will serve the Agency's best interest.


        6. Contract Award

          Any Bidders that submit a Bid wiLI be notified in writing of the Agency's award of a Contract as a result of this ITB. An award notice will be posted on DemandStar as well. Upon issuance of such notice or 30 days after opening the responsive bids, whichever is earlier, copies of the Bids responsive to this ITB are available for public inspection upon request to the Agency.


        7. Tax Exemptions

          All State and Federal tax exemptions applicable to the units oflocal government of the State of Florida will apply, and appropriate ce1iifications furnished.


        8. Required Disclosure

          With its Bid submission, the Bidder shall discl.ose all material facts pertaining to any felony conviction or any pending felony charges in the last three (3) years in this state or any other state of the United States against (i) Bidder, (ii) any business entity related to or affiliated with Bidder, or (iii) any present or former executive employee, officer, di_rector, stockholder, partner or owner of Bidder or of any such related or affilialed entity. This disclosure shall not apply to any person or entity which is only a stockholder, which person or entity owns 20 percent or less of the outstanding shares of a Bidder whose stock is publicly owned and traded.



        9. Bid Protest

          By submitting a bid to the Agency, bidders agree to the process set fmih in this Section.


          1. Notice of Protest - Notice of all Agency decisions or intended decisions shalI be by certified mail or courier services. Any person adversely affected by the ITB shall file a notice of protest in wriLing, within two (2) business days from the date on the notice of tbe decision or actual receipt of the decision, whichever is later. A formal written protest shall be filed within five

            (5) business days after the protesting party files the notice of protest. No time will be added to the above time limits for mail service.

          2. Formal Written Protest - The formal written protest shall state with particularity the facts and law upon which the protest is based. The formal written protest shalI be printed or typewritten and contain:

            1. The name and address of the person or firm filing the protest and an explanation of how they are adversely affected by the Agency's decision or intended decision;

            2. Identification of the procurement matter at issue;

            3. A statement of how and when the notice of Agency's decision or intended decision was received;

            4. A statement of all issues of disputed material fact and, if there are none, a statement so indicating;

            5. A concise statement of the ultimate facts alleged;

            6. A statement of the applicable law, rule, statute, or other authority upon which the protest is based and which entitle the protestor to relief;

            7. A specific demand for relief; and,

              b. Any other inforn1ation material to the protest.

          3. Filing Notices of Protest and Formal Protests - All notices of protest and formal protests shall be filed with the Port Executive Director. A protest is not timely filed unless both the written notice of protest and the formal protest have been received by the Port with.in the prescribed time limits. Failure to file a protest within the time prescribed by this Section shall constitute a waiver of all claims.

          4. Stay of Award - Upon receipt of a formal written protest which has been timely filed, the bid solicitation or contract award process shall be stayed until the subject of the protest is resolved by final agency action, unless the Port Executive Director, with the concurrence of the Agency, sets forth in writing particular facts and circumstances which require the continuation of the solicitation process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. Notice that a contract award has been stayed shall be given by U.S. Mail or hand delivery or courier service to all wbom submitted qualified bids/proposals. Upon receipt of a timely formal protest of a decision or intended decision to award or reject all bids, qualifications, or proposals, notice shall be given by U.S. Mail or hand delivery or courier service to all bidders for that contract.

          5. Resolution of Fonual Protest - Upon the written request of the protester or on its own

            initiative, the Agency shall provide an oppo1tunity for the protestor to meet with the Executive Director to resolve the protest by mutual agreement within seven (7) business days, excl.uding holidays, of receipt of a formal written protest. If the subject of a protest is not resolved by mutual agreement within seven (7) business days, excluding holidays, of receipt of the formal written protest, or a mutually agreed upon extension of time, the Executive Director shall certify in writing to the Board that there was no resolution and provide the protestor with a copy of the ce1tification.

          6. Quasi-Judicial Hearing - Within seven (7) business days from receipt of written certification that there was no resolution; the protestor may provide a written request that the matter be heard before the Agency in a quasi-judicial bearing. Failure to provide a written request to the Agency within seven (7) business days of notice shall constitute waiver of any protest. Upon receipt of a written request, the Agency may, in its discretion, request a written response from the Executive Director, and/or schedule the matter for hearing before the Agency. Within seven (7) business days from the conclusion of the hearing, the Agency will provide a written final decision on the matter to the protestor.


          The protester may contest the Agency's decision in a comt of competent jw-isdictioo in Manatee County no later than thirty (30) calendar days after receipt of notice of the Agency's decision, unless otherwise specified within the controlling request for proposal or qualification documents.


      4. BEST COMMERCIAL PRACTICES


        1. All materials purchased tlu-ough this ITB must meet standards and specifications set forth in this1TB.

        2. The apparent silence of this specification and any supplemental specifications as to any detail or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices, size, and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be upon the basis of this statement.


      5. VENDOR REQUIREMENTS

        Bidders must meet all of the requirements in this section.


          1. Permits, Insurance, Licensing and Other Requirements


            1. The Vendor must meet the insurance requirements specified in this ITB. Certificates of insurance must be provided to the Agency within five (5) working days ofNotice oflntent to Award.

            2. The Vendor must complete all required fonns and return same to the Agency attached to the invoice.

            3. Following the Contract award notification, the Vendor must provide to U1c Agency its IRS Form W-9 (Request for Taxpayer Identification Number and Ce1tification).

            4. Any change in material of equal or superior quality or installation standards must be specifically approved in writing by the Agency. Any deviation or exceptions to the terms, conditions and/or specifications must be submitted in writing and approved by the Agency with a signed change order. No minimum fee is allowed on change orders.

            5. The vendor must meet all bonding requirements specified in the terms and conditions. Bonding documents must be provided to the Agency within five (5) working days of Notice of lntent to Award.


          2. E-Verify

        The Agency, Vendor, and any subcontractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees.


      6. GRANT INFORMATION

        This project is funded in part by funding received by the U.S. Department of Homeland Security Port Security Grant Program (PSGP). Funding for Phase One of the project was received in the 2020 PSGP with a period of perfo1mance expiration of August 30, 2023. Funding for Phase Two of the project was received in the 2021 PSGP with a period of performance expiration of August 30, 2024. Contractor shall coordinate with Authority in order to comply with the conditions related to the delivery of materials, the work, applications for payment and other matters concerning the administration of the contract.


      7. ADDITIONAL PRICING CONSIDERATIONS

        1. Insurance

          The successful proposer must maintain the following types and amounts of insurance.


          I. Commercial General Liability insmance with.minimum limits of $2,000,000

          1. Business Automobile Liability insurance with minimum limits of $1,000,000

          2. Workers' Compensation insurance with Statutory limits

          3. Employers Liability insurance with limits as follows:

          $100,000 Bodily Injury by Accident

          $100,000 Bodily Iajury by Disease, policy limits

          $100,000 Bodily Injury by Disease, each employee


          This insurance coverage must meet the requirements set forth in Manatee County Port Authority Tariff Item #250, available online at http://www.portmanatee.com/Portals/O/business/Tariff/Tariff.pdf. All insurance required by the Contract to be purchased and maintained by Contractor will be obtained from an insurance company or companies that are duly licensed or authorized, to do business in the State of Florida, to issue insurance policies for the required limits and coverages. All companies that provide

          insurance policies required under this Contract must have an A.M. Best rating of A-VII or better.


        2. Port Manatee Access Requirements

          Port Manatee is regulated under the provision of the Maritime Transportation Secw.-ity Act of 2002 (MTSA). fodividuals accessing the port must comply with provisions of the applicable regulations and the associated elements of Port Manatee's approved Facility Security Plan. These provisions include:


          1. fodividuals requiring unesco1ted access must possess a TWIC credential and be able to demonstrate verifiable port business. Individuals employed by businesses with current port licenses or permits may enroll their TWIC in the access control system. For current prices please see Tariff Item 411 of the Port Manatee Tariff No. 3, available at portmanatee.com.

          2. Obtaining a federal Transportation Workers Identification Credential (TWIC). This requires

          submission to federal secmity screening. Infonnation on the TWIC enrollment process is available at www.tsa.gov/twic. The cost for TWIC processing is $125.25.


          The Authority will not provide TWIC escort service.


          Additional information for temporary access or any other questions are available by contacting Port Manatee Access Control - Security office at 941-722-6455.


          Bidders are responsible to include all costs associated with installation of part of their submission. These costs may include but are not limited to:

          I. Worker Credentialing: Port Manatee is regulated under the provisions of the Maritime Transportation Security Act (MTSA) all workers will be required to obtain a Transportation Worker Identification Credential (TWIC) and a Port Manatee Access Credential. Fees associated with these credentials are the responsibility of the bidder. CunentFees: TWIC $125.25

          2. Bid submissions must be a turnkey solution and include all associated installation

          costs.


        3. Tax Saving Program

          It is the bidder's sole responsibility to incorporate any and all applicable taxes into his bid. However, Chapter 212 of the Florida Statues and Rule 12A-7.094 of the Florida Administrative Code, provide the Manatee County Port Authority with sales tax exemption for all procurements made directly by the Authority. After a Notice of Contract Award has been issued, certain items, which have been included in this bid, may be purchased directly by the Authority in order to benefit from this tax savings program. Steps to be followed are:



          1. Within five (5) working days of Award, the Contractor shall prepare and submit to the Engineer an itemized list of aJl items, materials, supplies, and/or equipment that individually or collectively cost $10,000 or more that will be ordered from one supplier and incorporated into this project and Chapter 212.08 (6), Florida Statutes "Certificate of Entitlement". Include completed W-9 for all chosen supply vendors.

          2. Within five (5) working days following the receipt of the proposed purchasing list,

            the Engineer will notify the Contractor of the Authority's decision as to which items will be purchased by the Authority.

          3. Upon approval by the Port Authority, the Authority will concunently issue a tax

            savings purchase order(s) and contract change order removing purchase order items from the contract amount. The Contractor shall endorse the purchase order(s).

          4. After obtaining all the signatures, the Authority shall distribute the original

            pLU·chase order to the Vendor or supplier with copies to the Contractor. Vendors and suppliers shall make deliveries as directed by Authority.

          5. All Vendor and/or Supplier invoices must be billed to:

            Manatee County Pmt Authority C/O "Contractor Name''

            300 Tampa Bay Way Palmetto, FL 34221

          6. Upon receipt of an invoice for items and documentation that items have been delivered to the project site and accepted by the Contractor, the Contractor will write on the face of the invoice that it is "okay for payment", sign, and date the invoice. The invoice is then sent to the Authority for final authorization of payment. All Invoices must include quantity and unit price as stipulated by Manatee County Finance Depa1tment for release of payment.

          7. Upon receipt of the properly approved invoice, the Authority shall pay the Vendor

            amount due as defined by the Tax Savings Purchase Order but without any Florida State and Local Sales Tax.

          8. Where the Contractor has special terms with a Vendor to receive a discount if paid

            within a 30-day time frame and the invoices are received by the Authority early within that time frame, invoices will be processed with the discount being taken. The Contractor will be advised by mail when an invoice is forwarded to the Finance Department for payment and the amount to be paid, showing discounts, if any.

          9. The Contractor responsibilities for Authority direct procurement items are the same as if the Contractor negotiated the purchases with respect to delivery, care, installation, and wananties of workmanship and materials.


      8. ADDITIONAL TERMS AND CONDITIONS

        (n signing this Bid, Bidder acknowledges, affirms and agrees to comply with the foUowing terms and conditions:


        1. Lobbying

          Lobbying is prohibited in all Agency selection processes and contract awards including but not limited to requests for qualifications, bids, proposals or purchasing contracts of any type. The purpose of this prohibition is to protect the integrity of the procurement process by shielding it from undue influences prior to the contract award, a Bid protest being resolved, or the competitive selection process being otherwise concluded. The prospective Bidder may contact the Agency as specified in this ITB, to address sit1.1ations such as clarifications relating to the procurement process or Bidder protest. No funds received pursuant to the Contract may be expended for lobbying the Legislature, the judicial branch or a state agency.


        2. Non-Collusion

          Bidder certifies it has not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Bid; that this Bid has been independently a1Tived at without collusion w:ith any other Bidder, competitor or potential competitor; that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor; that the above statement is accurate under penalty of pe1jury.


        3. Debarment and Suspension

          Bidder acknowledges it has not been suspended, debarred, declared ineligible or voluntarily excluded from eligibility by any State or Federal department or agency. Bidder acknowledges that its Celiificate of Qualification has not been suspended, revoked, denied or have further been determined by any State or Federal department or agency to be a non-responsible contractor.


        4. Additional Goods or Services

          Tbe Agency reserves the right to request additional goods or services relating to this ITB from the Contractor. When approved by the Agency as an amendment to this Contract and authorized in writing, the Contractor shaJl provide such additional requirements as may become necessary.

        5. Public Entity Crimes/Scrutinized Companies

          By submitting a Bid, each Bidder is confmning that neither the Bidder nor its subcontractors have been placed on the convicted vendors list as described in Section 287.133 , Florida Statutes. A person or affiliate who bas 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 a public entity, and may not transact business

          with any public entity in excess of the threshold amount as provided in Section 287.017, Florida Statutes for CATEGORY TWO, for a period of36 months from the date of being placed on the convicted vendor list.


          By submitting this Bid, entering any Agreement and each and every renewal (if renewal is separately provided for herein), pursuant to section 287.135, Florida Statutes, Contractor certifies, represents, and warrants that: (a) it is not on the Scrutinized Companies with Activities in Sudan List, (b) it is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, (c) that it does not have business operations in Cuba or Syria, aud (d) that it is not pruticipating in a boycott ofisrael, and that all such certifications were true at the time it submitted its bid or proposal for this Agreement and as of the effective date of any renewal. Notwithstanding anything contained in this Agreement to tbe contrary, the Agency may terminate thjs Agreement immediately if: (1) Contractor is found to have submitted a false cettification regarding (a) - (d) above in accordance with section 287.135(5), Florida Statutes. or (2) Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List as that term is defined and such list is maintained pursuant to Section 287.135, Florida Statutes, or is otherwise engaged in a boycott of Israel. Such termination shall be in addition to any and all remedies available to the Agency at law.


        6. Public Records

          By submitting a Bid, the Contractor certifies that he/she understands that the Agency, an entity of government, is subject to the Public Records Act and, in accordance with Section 119.0701 of the Florida Statutes the Contractor may be subject to the Public Records Act. Any claim of confidentiality is waved upon submission, effective after opening pursuant to Section l19.07, of the Florida Statutes. Any subsequent contract entered into between the Agency and Contractor related to the scope of services outlined in this 1TB shall be conditioned on the Contractor's compliance with the Public Records Act as provided in Section 119.0701 oftbe Florida Statutes.


        7. Conflicts of Interest

          The Bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder. The Bidder further represents that no person having any such interest shall be employed by him/her dming the agreement tem1 and any e>..1ensions.

          The Bidder shall immediately notify the Agency's representative, in writing, by ce1tified mail, of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of wok that the Bidder may undertake and request an opinion of the Agency as to whether the association, interest or circumstance would, in the opinion of the Agency, constitute a conflict of interest if entered into by the Bidder. The Agency agrees to notify the Bidder of its opinion, by certified mail, within thuty (30) days of receipt of notification by the Bidder.


          Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project in which any member, officer or employee of the Agency or the locality during tenure of for two (2) years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, with prior approval of the Department of Transportation. may waive the prohibition contained in this paragraph provided that any such present member, officer, or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement.


          The contractor agrees to insert the following provision in its subcontracts:

          ' o member, officer or employee oftbe Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."


        8. Foreign Country of Concern

          The Bidder and any Subcontractors agrees to comply with section 286.l 01, Florida Statutes. Contractor must disclose any cunent or prior interest of, any contract with, or any grant or gift received from a Foreign Country of Concern, as defined below, if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5)

          years. For purposes of this section, "Foreign Country of Concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such foreign country of concern.


        9. Unauthorized Aliens

          The Bidder represents that it does not employ unauthorized aliens. The Agency shall consider the employment by the Bidder of unauthorized aliens a violation of Section 274A of the Immigration and Nationality Act.


        10. Appropriations Clause

          By submitting a Bid, the Bidder certifies that he/she understands that the Agency, an entity of government, i.s subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of thjs contract for each and every fiscal year following the fiscal year in which this contract is executed and entered into and for which this contract shall remain in effect.

          The Agency shall, upon receipt of notice that sufficient funds are not available to continue its full andfaithful performance of this contract, provide written notice to the consultant of such event within thirty (30) days and, be thereafter released at all further obligations in any way related to the contract.


        11. Legal Requirements

          Al] applicable provisions of federal, state, county, and local laws including all ordinances,


          rules, and regulations shall govern the development, submittal and evaluation of all Bids received in response to these specifications, and shall govern any and all claims between person(s) submitting a Bid and the Agency, by and through its officers, employees and authorized representatives. A lack of knowledge by the Bidder concerning any of the aforementioned shall not constitute a cogruzable defense against the legal effect thereof. The Bidder agrees that it will not discriminate on the basis of race, creed, color, national origin, sex, age or disability.


        12. Indemnification

          The Bidder acknowledges and agrees indemnification as set forth in the Contract.


        13. Bidder's Representations

      In submitting its bid, Contractor makes the following representations:


      l. Contractor has examined and studied the bid documents.

  2. Contractor bas visited the site and conducted an examination of the area and has become familiar with and is satisfied as to the site conditions that may affect cost, progress and performance of the work.

  3. Contractor is familiar with all necessary federal, state and local regulations that may affect the cost, progress and performance of the work.

  4. Based on the information received, observations, and information generally known to the Contractor (as information commonly known to contractors doing business of this nature), the Contractor agrees that no further examinations, investigations, or expiration of the site is necessary to perform the work at the bid price and within the bid timeframe as specified in the bid submitted.

  5. Contractor has provided the purchasing manager written notice of any questions, concerns, conflicts, enors, or ambiguities that the Contractor has discovered in the bid documents or related to the scope of work.

Name of Authorized Company Representative (Type or Print)

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Signature of Authorize Jpany Phone

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Repr tativ · Nam Ab e 331-

Title Date

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c.,

CONTRACT FOR PORT PERIMETER FENCE REPLACEMENT PROJECT


THIS CONTRACT is dated as of

23rd

day of

May

in the

year  2023                   by and between Manatee County Port Authority, whose address is 300 Tampa Bay Way, Suite 1, Palmetto, FL 34221 (“Authority”) and  U.S. Fence & Gate Inc.   , whose address is

222 Bunker Rd, Lake Charles, LA 70615

and is authorized to do business in the

State of Florida (“Contractor”), (collectively, the “Parties”).


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


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


    All work on Phase One of the project must be completed prior to August 30, 2023 to meet the period of performance requirements of the grant funding. Contractor will be responsible for payment of any costs not covered by the grant funding due to project tardiness. Likewise, Phase Two of the project must be completed prior to August 30, 2024 and the Contractor will be responsible for any payments not covered due to project tardiness.


  2. Payment Terms:

    Authority shall pay Contractor the following amounts for the Work:

    1. Phase One, a unit price sum of: $ 627,774 .

    2. Phase Two, a unit price sum of: $599,488 .



      Contractor shall submit applications for payment no more frequently than monthly broken down into a schedule of values approved by Authority using the attached form at Exhibit B. Authority shall make progress payments based on Contractor’s applications for payment measured by the schedule of values subject to agreement on the level of completion of the Work. Prior to completion of the Work, 5% retainage will be withheld from progress payments. Upon final completion, acceptance of the work and receipt of the Contractor’s Affidavit,

      Authority shall pay in full without retainage. All amounts not paid when due shall bear interest at the rate of zero (0) percent per annum.. Contractors acceptance of final payment from Authority shall constitute a full waiver and release by Contractor of all claims against Authority arising out of or relating to the project..


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


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

    Contractor represents that it understands and accepts that this Project is funded in part from the proceeds of grants from the U. S. Department of Homeland Security. Contractor has reviewed the Department of Homeland Security Grant Agreements EMW-2021-PU-00292-SOl and EMW- 2020-PU-00427-A04 awarded to the Authority. Contractor understands and represents that this Agreement will be funded, in part. from the grants· funds for the originally authorized purposes of the grants and that Contractor will comply with all applicable federal requirements and federal guidance and the applicable requirements of the grants.


    This Contract is specifically conditioned in part on the Contractor meeting the following grant and other federal legal requirements:


    1. DBE Policy: The contractor and subcontractor shall not discriminate on the basis of race, color. national origin,. or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such remedy as the Authority deems appropriate.


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


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

      time. Should the Contractor fail to complete the Work within the contract time specified in section 1 above, the Contractor agrees the Qrovisions of L.o_ above shall aQply.

    4. Contractor accepts assignment of responsibilities for Authority direct procurement items


      21

      as described in the Tax Saving Program in the Bid Instructions.


    5. Davis Bacon Act: Pursuant to 29 CFR 5.5 (Title 29 of the Code of Federal Regulations Part 5.5), the Authority must insert the mandatory clauses set forth in subsection F below in this Contract and the Contractor must insert the same mandatory clauses in any of its subcontracts related to the Contract. Additionally, the Contractor and its subcontractors must comply with the Davis Bacon Act. The Contractor must maintain payrolls and basic payroll records during the course of the Work and shall preserve them for a period of three years from the completion of the Contract for all laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the records to be maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by the Authority and the Department of Labor, and the Contractor will permit such representatives to interview employees during working hours on the job.


    6. Mandatory Clauses. The following are the mandatory clauses included in this Contract pursuant to the Davis Bacon Act, pursuant to subsection E above:


      (a)(1) Minimum Wages.


      1. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis- Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under

        paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

        (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

        1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and

        2. The classification is utilized in the area by the construction industry; and

        3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

          1. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

          2. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

          3. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification

          1. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

          2. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of

          Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

          1. Withholding. The Department of Homeland Security shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the Department of Homeland Security may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

          2. Payrolls and basic records.

            1. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

              (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Department of Homeland Security if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Department of Homeland Security. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on

              weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Department of Homeland Security if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the Department of Homeland Security, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).

              1. Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

                1. That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

                2. That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

                3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

              2. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.

              3. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

              (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant,

              or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

          3. Apprentices and trainees -

            1. Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

            2. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the

              trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

            3. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

          4. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

          5. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Department of Homeland Security may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

          6. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

          7. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

          8. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

          9. Certification of eligibility.

            1. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible

              to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

            2. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

            3. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18

          U.S.C. 1001.

          1. Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by § 5.5(a) or § 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

            1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

            2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

            3. Withholding for unpaid wages and liquidated damages. The Department of Homeland Security shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

            4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime

              contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

          2. Subcontractors must comply with the Davis Bacon Act. The subcontractor must maintain payrolls and basic payroll records during the course of the Work and shall preserve them for a period of three years from the completion of the Contract for all laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the records to be maintained under this paragraph shall be made available by the subcontractor for inspection, copying, or transcription by the Authority and the Department of Labor, and the subcontractor will permit such representatives to interview employees during working hours on the job.

    7. Davis Bacon Wage Determination: The following is the full wage determination, pursuant to subsections E and F above:

      "General Decision Number: FL20230212 01/13/2023 Superseded General Decision Number: FL20220212 State: Florida

      Construction Type: Building County: Manatee County in Florida.

      BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).


      Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are

      • Executive Order 14026 generally applies to the contract.

      • The contractor must pay all covered workers at least $16.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent

      If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022:

      subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).




      performing on the contract in 2023.

      If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022:

      higher) for all hours spent performing on that contract in 2023.

      • Executive Order 13658 generally applies to the contract.

      • he contractor must pay all covered workers at least $12.15 per hour (or the applicable wage rate listed on this wage determination, if it is


      The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.


      Additional information on contractor requirements and worker protections under the Executive Orders is available at

      https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.dol.gov%2fwhd%2fgovcont racts.&c=E,1,kByk1XNk6dNwlAVsIIxZp5Km5cvwd2xarN6dImpqU8PNO5nhkc0K8fg Hhd0XvIFBVd1C7bi_N-5htbQUkTTCniN68SHfLwsmqm0Ssppq9BKr9- SXLvpL7jZAmHws&typo=1


      Modification Number Publication Date

      0 01/06/2023

      1 01/13/2023


      ASBE0067-003 01/01/2021


      Rates Fringes

      ASBESTOS WORKER/HEAT & FROST INSULATOR........................ $ 30.12 13.11


      ELEC0915-005 12/05/2022


      Rates Fringes ELECTRICIAN (Includes Low

      Voltage Wiring).................. $ 29.74 42%+$0.35


      * ELEV0074-001 01/01/2023


      Rates Fringes

      ELEVATOR MECHANIC................$ 47.51 37.335+a+b


      FOOTNOTE:

      1. Employer contributions 8% of regular hourly rate to vacation pay credit for employee who has worked in business more than 5 years; Employer contributions 6% of regular hourly rate to vacation pay credit for employee who has worked in business less than 5 years.


      2. Paid Holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans' Day, Thanksgiving Day; The Friday after Thanksgiving Day; and Christmas Day.


      ENGI0487-021 07/01/2016



      Rates


      Fringes

      OPERATOR: Crane

      All Cranes 160 Ton Capacity and Over...........


      $ 33.05



      9.20

      All Cranes Over 15 Ton

      Capacity....................


      $ 32.05



      9.20

      OPERATOR: Forklift..............

      $ 23.25


      9.20

      OPERATOR: Mechanic..............

      $ 32.05


      9.20

      OPERATOR: Oiler.................

      $ 23.50


      9.20

      IRON0397-007 07/01/2022






      Rates

      Fringes


      IRONWORKER, STRUCTURAL........... $ 32.60 16.97 IRON0402-001 10/01/2021

      * SFFL0821-004 01/01/2023



      Rates

      Fringes

      SPRINKLER FITTER (Fire Sprinklers)......................


      $ 31.28


      21.90

      Rates Fringes IRONWORKER, ORNAMENTAL........... $ 25.50 14.66


      * SUFL2014-021 08/16/2016



      Rates

      Fringes

      CARPENTER........................

      $ 19.78

      8.05

      CEMENT MASON/CONCRETE FINISHER...

      $ 14.85 **

      0.60

      IRONWORKER, REINFORCING..........

      $ 26.37

      12.65

      LABORER: Common or General, Including Cement Mason Tending...


      $ 13.11 **


      0.60

      LABORER: Pipelayer..............

      $ 14.00 **

      1.40

      OPERATOR:

      Backhoe/Excavator/Trackhoe.......


      $ 22.07


      8.80

      OPERATOR: Bulldozer.............

      $ 15.40 **

      1.90

      OPERATOR: Grader/Blade..........

      $ 18.97

      0.00

      OPERATOR: Loader................

      $ 14.00 **

      1.40

      OPERATOR: Roller................

      $ 14.43 **

      4.78

      PAINTER: Brush, Roller and Spray............................


      $ 14.72 **


      2.13

      PIPEFITTER, Includes HVAC Pipe Installation................


      $ 21.93


      7.96

      PLUMBER..........................

      $ 21.14

      8.11

      ROOFER...........................

      $ 19.00

      1.17

      SHEET METAL WORKER, Includes

      HVAC Duct Installation...........


      $ 18.82


      6.78

      TILE SETTER......................

      $ 18.01

      0.00

      TRUCK DRIVER: Dump Truck........

      $ 13.22 **

      2.12

      TRUCK DRIVER: Lowboy Truck......

      $ 14.24 **

      0.00

      WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.


      ===============================================================

      =


      ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information.


      Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours

      they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information

      on contractor requirements and worker protections under the EO is available at

      https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.dol.gov%2fagencies%2fwh d%2fgovernment- contracts.&c=E,1,nt09nkpYB6meuu_zpygMxGV1AK4wV2OekfdhKbjHhJO7k0ifm9VU Hu_YQ1Wjo0v- xn86ST9g0GBVXSbmR7MDaB7KlA9XCChw7LdbPrckJPWwwIg,&typo=1


      Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).



      The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the

      cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).


      Union Rate Identifiers


      A four letter classification abbreviation identifier enclosed

      in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this

      classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.


      Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.


      Survey Rate Identifiers


      Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all

      rates reported in the survey, it may include both union and

      non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average

      calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the

      wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.


      Survey wage rates are not updated and remain in effect until a new survey is conducted.

      Union Average Rate Identifiers


      Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

      08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.


      A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.



      WAGE DETERMINATION APPEALS PROCESS


      1. Has there been an initial decision in the matter? This can be:


        • an existing published wage determination

        • a survey underlying a wage determination

        • a Wage and Hour Division letter setting forth a position on a wage determination matter

        • a conformance (additional classification and rate) ruling


        On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described

        in 2.) and 3.) should be followed.


        With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:


        Branch of Construction Wage Determinations Wage and Hour Division

        U.S. Department of Labor

        200 Constitution Avenue, N.W. Washington, DC 20210


      2. If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request

        review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:


        Wage and Hour Administrator

        U.S. Department of Labor

        200 Constitution Avenue, N.W. Washington, DC 20210


        The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.


      3. If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:


        Administrative Review Board

        U.S. Department of Labor

        200 Constitution Avenue, N.W. Washington, DC 20210


      4. All decisions by the Administrative Review Board are final.


      =============================================================== END OF GENERAL DECISIO"

    8. Debarment and Suspension: Contractor understands that the Authority is subject to the non- procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by the Department of Homeland Security at 2 C.F.R. Part 3000. These regulations restrict the Authority from using federal financial assistance awards with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. By entering into this Contract, Contractor represents and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.


    9. Terrorist Financing: Contractor understands that the Authority is subject to Executive Order 13224 and laws that prohibit transactions with, and the provision of resources and

      support to, individuals and organizations associated with terrorism. By entering into this Agreement, Contractor represents and warrants that it is not associated with terrorism, as that term is generally defined by the Department of Homeland Security.


  4. Insurance and Bonding.

    1. Insurance. Contractor shall obtain insurance coverage meeting the requirements of Port Manatee Tariff Item 250, Insurance, available online at http://www.portmanatee.com/Portals/0/business/Tariff/Tariff.pdf. If the link has changed, there should remain access via the homepage at portmanatee.com. Contractor shall provide the Port Authority with certificates of insurance demonstrating compliance with Tariff Item 250, Insurance.

    2. Bonding. Contractor shall submit performance and payment bonds each for the total contract amount in accordance with Florida Statutes § 255.05 in the form of a cash deposit or annual bond executed by a surety company recognized and authorized to do business in the State of Florida. The surety company shall have an A.M. Best Rating of A or better and

      1. M. Best Financial Size Category of Class VII or greater.


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


    1. Hazardous Conditions. Contractor shall be responsible for contaminants brought to the site by Contractor or anyone else for whom Contractor is responsible, and for any costs of removing and remediating any hazardous environmental condition created by the presence of the contaminants.

      If Contractor discovers a hazardous environmental condition, or if Contractor or anyone for whom Contractor is responsible creates a hazardous environmental condition, then Contractor shall immediately secure the condition, stop all Work in connection with the condition and notify Authority. Authority may take necessary action if Contractor is not responsible or if Contractor is responsible and Authority is not satisfied with Contractor’s action and specify any special conditions under which the Work may be resumed.

      Contractor shall not resume Work until after the necessary response has been completed and Authority has authorized Contractor to resume the work. If Contractor is responsible for the hazardous environmental condition in question, then Authority may impose a set- off against payments to account for the associated costs to Authority.

      To the fullest extent permitted by the law, Contractor shall indemnify and hold harmless Authority and its officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,

      attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a contaminant brought to the site by Contractor or by anyone for whom Contractor is responsible, or to a hazardous environmental condition created by Contractor or by anyone for whom Contractor is responsible, or to the performance of the Work to the extent caused by any negligent act or omission of Contractor or anyone for whose acts Contractor may be liable. This indemnification shall not be limited by any limitation under workers’ compensation acts, disability benefit acts, or other employee benefit acts. This indemnification shall survive expiration or termination of this Contract.


  6. Indemnification

    To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City, its elected officials, officers, and employees, from any and all liabilities, damages, losses and costs, including but not limited to reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor, its employees, agents, officers, subcontractors and other persons employed or utilized by Contractor in the performance of this Contract. It is further the specific intent and agreement of the parties that all the contract documents of any project for which Contractor provided services be hereby amended to include the foregoing indemnification. Contractor expressly agrees that it will not claim, and waives any claim, that this article violates section 725.06, Florida Statutes, or is unenforceable pursuant to section 725.06, Florida Statutes. This indemnification obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this section. This indemnification provision shall include claims made by an employee of Contractor or any subcontractor against the Owner and Contractor waives any entitlement to immunity under section 440.11, Florida Statutes. Nothing contained herein shall be construed as a waiver of any immunity or limitation of liability the Owner may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. This indemnification provision shall survive the termination of this Contract however terminated. Contractor’s obligation to indemnify, defend, and hold harmless shall not be limited by the amount of any insurance required to be obtained or maintained under the Contract Documents. Notwithstanding the foregoing, the Contractor’s obligations to indemnify, defend and hold harmless shall be limited to one million dollars ($1,000,000) or the Contract Price, whichever is greater, in accordance with section 725.06, Florida Statutes.

    Subject to the limitations set forth in this Section, Contractor shall assume control of the defense of any claim asserted by a third party against Owner and, in connection with such defense, shall appoint lead counsel, in each case at Contractor's expense. Owner shall have the right, at its option, to participate in the defense of any third party claim, without relieving Contractor of any of its obligations hereunder. If Contractor assumes control of the defense of any third party claim in accordance with this paragraph, Contractor shall

    obtain the prior written consent of Owner before entering into any settlement of such claim. Notwithstanding anything to the contrary in Paragraph 7.18, Contractor shall not assume or maintain control of the defense of any third party claim, but shall pay the fees of counsel retained by Owner and all expenses, including experts' fees, if (i) an adverse determination with respect to the third party claim would, in good faith judgment of Owner, be detrimental in any material respect to Owner's reputation; (ii) the third party claim seeks an injunction or equitable relief against Owner; or (iii) Contractor has failed or is failing to prosecute or defend vigorously the third party claim. Each party shall cooperate, and cause its agents to cooperate, in the defense or prosecution of any third party claim and shall furnish or cause to be furnished such records and information, and attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in connection therewith.


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

    1. This Contract.

    2. Exhibit A: Scope of Work

    3. Exhibit B: Application for Payment Form.

    4. Exhibit C: Contractor's Affidavit Form

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

    6. Exhibit E: Bid Form Executed

    7. Bid Documents, which include the Contractor's Bid. Any provisions in the bid submittal other than the information specifically requested are not part of this Contract and will be omitted or stricken.

    8. Invitation to Bid, ITB No. [ITB-2-0-2023/RH]

    9. All exhibits may also be collectively referred to as the "Documents."

    10. Instructions for Submitting Bids.

    11. Proof of Insurance.

    12. Bond(s).

    13. Addenda (numbers 1 to 4, inclusive).

    14. Subcontractor list.

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


    There are no Contract Documents other than those listed above.


  8. Termination. Upon 24 hours written notice (may be delivered by electronic mail), the Authority may terminate this Contract without cause. In such case, the Contractor would be paid for completed accepted work and expenses for materials and equipment sustained prior to the


    39

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


  9. Sovereign Immunity. The Authority expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statues. Notwithstanding anything set forth in any section, article or paragraph of this Contract to the contrary, which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature, and the cap on the amount and liability of the Authority for damages, attorney fees and costs, regardless of the number or nature of claims in tort, equity or contract, shall not exceed the dollar amount set by the Florida Legislature for tort. Nothing in this Contract shall inure to the benefit of any third party for the purpose of allowing any claim against the Authority which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law.


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


    The Contractor agrees to comply with the Florida Public Records Act, as applicable, including, but not limited to Section 119.0701 of the Florida Statutes. Documents which are considered public records herein under Florida law include, but are not limited to: records related to the entry, management and implementation of the Contract itself; emails/correspondence between the Authority and the Contractor related to the Contract; emails or correspondence from all other entities related to the Contract (i.e., subco

    ntractors, suppliers, vendors, etc.); billing and related documents; plans or other documents that may be necessary, reports, etc.; subcontracts; and all vendor invoices. The Contractor agrees, to the extent required by law, to:

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

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

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

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


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

    IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT PUBLIC RECORDS CUSTODIAN, MANATEE COUNTY PORT AUTHORITY, 300 TAMPA BAY WAY, PALMETTO, FL 34221-6608, TELEPHONE: (941) 722-6621, RECORDSCUSTODIAN@SEAPORTMANATEE.COM

  11. Miscellaneous Terms.


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

  2. Validity, Severability and Reformation. The validity, interpretation, construction, and effect of this Contract shall be in accordance with and be governed by the laws of the State of Florida. Any provision or part of this Contract held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this Contract shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the original intention of the stricken provision.

  3. Assignment and Construction of Contract. Any assignment of this Contract, without the Authority’s written consent, shall be void. The parties agree that in any event of litigation

    concerning the construction of this Contract or interpretation of any language used in this Contract, that this Contract and any of its provisions shall not be construed against the Authority by virtue of this Contract having been drafted by the Authority.

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

  5. Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of the Contract shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. Any waiver, alteration or modification of any of the provisions of the Contract, or cancellation or replacement of this Contract, shall not be valid unless in writing and signed by the parties.

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

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

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

This Contract will be effective onMay 23 , 2023 (which is the Effective Date of the Contract).


MANATEE COUNTY PORT AUTHORITY


By:   _

George Kruse, Chair

ATTEST: ANGELINA ''ANGEL" COLONESSO

Clerk of the Circuit Court


By: _




Address for giving notices:

b- o)(. \C,2,<p

1A:'ff:-: S'Ll..

      I) Dle>OL.

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

License No.:

(where applicable)


43

Exhibit A - Scope of Work

Port Perimeter Fence Replacement

Project - SeaPort Manatee is soliciting proposals from operationally and financially qualified firms which will be evaluated by the SeaPort to replace the port’s perimeter fence line. The project will be implemented in two phases. The first phase will replace approximately 7,385 feet of chain link fencing along the port’s northern perimeter. We may negotiate non-replacement of some fencing depending on cost relative to budget. The fence will include (4) 10-foot manual slide gates, (4) 40-foot manual slide gates and (1) electric slide gate at specified locations along the port’s perimeter. The project also includes the replacement of (4) Lift Master Gate arms and all associated hardware and ground loops. Phase One of the project will be completed using funding from the U.S. Department of Homeland Security 2020 Port Security Grant Program and must be completed prior to August 31 2023.


The Phase Two of the project will consist of approximately 8,450 feet of fencing including the Seaport’s eastern and southern perimeter. The fence will include (3) 40-foot manual slide gates, (3) 20-foot manual slide gates, (2) 10-foot swing gates, and (1) 6 foot walk through gate. Phase Two installation is pending FEMA Environmental Planning and Historic Preservation (EHP) approval and the final installation location based upon the current project. Phase Two of the project is funded by the U.S. Department of Homeland Security 2021 Port Security Grant Program and must be completed prior to August 31, 2024.


Location - SeaPort Manatee, 300 Tampa Bay Way, Palmetto, FL 34221


Access – SeaPort Manatee is regulated under the provisions of the Maritime Transportation Security Act of 2002 (MTSA). Individuals working on this project must comply with the access control requirements outlined in MTSA including use the Transportation Worker Identification Credential (TWIC). Individuals not possessing a valid TWIC will be required to be escorted in accordance with MTSA requirements.

Additional information can be obtained by contacting SeaPort Security at 941-722-6455.


Work to be Performed - The Contractor will provide all labor, equipment and materials. necessary to install the fencing, vehicle gates and pedestrian gates according to the provisions contained herein. The work includes disposal of any waste material in a legally acceptable manner.


Port-Furnished Equipment (PFE) – There is no PFE involved in this work.


Port-Furnished Material (PFM) – There is no PFM involved in this work.


Delivery Schedule – Phase One must commence within 30 calendar days after issuance of the Notice to Proceed. Phase One must be fully completed prior to August 31, 2023. A separate notice will be provided prior to the commencement of Phase Two. Phase Two must be fully completed prior to August 31, 2024.


References – Referenced Specifications/Standards with Abbreviations and/or Acronyms: Wherever the following acronyms are used in these specifications or on the drawings, they are to be construed the same as the respective expressions represented. The most recent version of the referenced specification shall be used. Copies of the referenced specifications/standards referred to herein may be procured by the Contractor, from the

following:


ASTM American Society for Testing and Materials 100 Barr Harbor Dr.

West Conshohocken PA 19428-2959


  1. MATERIALS


    1. Fence Fabric

      • Steel Fabric: Shall conform to the requirements of ASTM A392 Type II Class 1, with zinc-coat applied after weaving.

      • Selvage: Shall be twisted at the top and bottom, not knuckled.

    2. Fence Framing

      • 3 ¼” * 2 ½” C-Type Poles set in concrete 2'6" deep: Cold formed and welded steel pipe complying with ASTM A570, with minimum yield strength of 60,000 psi. Protective coating conforming to the requirements of ASTM F1043, external coating Type B, zinc with organic overcoat, 0.9 oz/SF minimum zinc coating with chromate conversion coating and verifiable polymer film. Internal coating Type B, minimum 0.9 oz/SF zinc or Type D, zinc pigmented, 81 percent nominal coating, minimum 3 mils thick.




    3. Gates/Entryways

        • Requirements: Gate frames shall be welded at corners. Gates assembled with corner fittings shall have adjustable truss rods of 3/8” minimum diameter on panels. Truss rods shall be of the same base metal and finish as the gate frame.

        • Sliding Gates: Sliding gates for vehicular traffic shall be installed in the locations identified and shall be cantilever-type complying with ASTM F1184 Type II and ASTM F2200. The electric slide gate shall open and close by chain-drive activators with the gates supported by rollers on pipe railing. Gate rollers shall conform to ASTM F1184 Type II Class 1 and shall be equipped with safety guard covers. Fence fabric for the gates shall be identical to the material and finish as the rest of the fence. The frames of the gates shall match the material and finish as the framework of the fence itself.

        • Pedestrian Gates: Walk-in gates for pedestrian traffic shall be installed in the locations identified and shall be swing type. Fence fabrication for the gates shall be identical to the

          material and finish as the rest of the fence. The frames of the gates shall match the material and finish as the framework of the fence itself. The opening width of each pedestrian gate shall be a minimum of 36”.

    4. Barbed Materials

        • Barbed Wire Supporting Arms: Manufacturer’s standard barbed wire supporting arms conforming to ASTM F626, metal and finish to match fence framework, with provisions for anchorage to posts and for attaching 3 rows of barbed wire to each arm. Arms shall withstand 250 pounds downward pull at outermost end of arm without failure. Provide following type:

        • Single 35-degree arm for three strands of barbed wire, one for each corner post.

        • Single 45-degree arm for three strands of barbed wire, one for each line post.

    5. Barbed Wire: Three-strand, 12.5-gauge steel wire with 14-gauge four-point barbs spaced not more than 5” apart; metallic-coated finish to match fabric.

    6. Galvanized Finish: Comply with ASTM A121, chain link fence grade with Class 3 zinc coating with not less than 0.8 oz/SF as determined by ASTM A90.


  2. FITTINGS AND ACCESSORIES


    1. Material: Fabricate from hot dip galvanized with a minimum of 1.2 oz/SF of zinc coating of surface area and comply with ASTM F626. Tie wires, clips, and hog rings shall withstand forming and twisting operations without cracking or flaking of the coating. If the zinc or aluminum can be removed after installation by rubbing with are fingers, it will be rejected.

    2. Post Caps: Shall be designed to fit snugly over posts and exclude moisture from inside the post when tubular posts are used.

    3. Tension Wire: Shall be metallic-coated steel marcelled tension wire confirming to ASTM A824 with finish to match fabric.

        • Coating Type II, Class 2, with a zinc coating weight of 1.2 oz/SF minimum, as determined by ASTM A90.

    4. Hog Rings: Shall be 12-gauge steel wire with a minimum of 0.8 oz/SF of zinc coating in accordance with ASTM A641 Class 3.

    5. Tie Wires: Provide tie wire constructed of the same material as the fencing fabric.

        • Security Tie Wires: Shall be either 6-gauge wire with coating to match fence fabric according to ASTM F626


  3. GROUND RODS AND ACCESSORIES

    1. Material: Shall be ¾” copper rod, and length shall be 8 LF. Ground connection shall use minimum No. 4 solid copper conductor.


  4. GATE ARMS AND CONTROLLERS

    1. Lift Master Commercial Gate Operator Model # MAT-DC- BB3 and gate arms or approved equal.

        • Project to include the removal and installation of gate arm in the inbound gates of the access control center. Project will also replace the associated ground loops as needed.

        • Full installation of the gate arms and controller is the responsibility of the bidder. Connection to the port’s access control system will be done by the security integrator.


  5. EXECUTION

    1. Scheduling: Do not begin installation and erection before notice is received. SeaPort Security must be notified prior commencing work daily. Work should be scheduled to ensure that the integrity of the security perimeter is maintained to the maximum extent possible. During install, replacement fence may be installed within 2 feet outside the

      existing fence before removal of the existing fence

    2. Excavation: Drill or hand-excavate holes using post-hole digger to diameters and spacings indicated, in firm, undisturbed or compacted soil.

        • Excavate holes for each post to minimum diameter recommended by fence manufacturer, but not less than four times the largest cross section of post, or as indicated on drawings.

        • Unless otherwise indicated, excavate hole depths approximately 2 1/2” lower than post bottom, with bottom of posts set not less than 28” below finish grade surface.

    3. Concrete Set Posts: Place concrete around posts and vibrate or tamp for consolidation. Extend concrete 2” above grade and trowel to a crown to shed water. Check each post for vertical, horizontal, and top alignment, and hold in position during placement and finishing operations.

    4. Terminal Post Bracing:

        • Install horizontal pipe brace at mid-height on each side of terminal posts. Firmly attach with fittings.

        • Securely fasten diagonal braces to the terminal post and the adjacent line post or its footing or a footing of equal size. There shall be no more than a 50º angle between the brace and the ground. Securely fasten horizontal braces with truss rods to the adjacent line post and terminal posts.

    5. Tension Wires: Provide tension wire at bottom of fabric. Install tension wires before stretching fabric and attach to each post with ties. The fasten the bottom tension wire within the bottom 6” of fabric. Securely fasten the tension wire to the corner and gate posts. The tension wire shall be taut and free of sag.

    6. Tie Wires: Use wire of proper length to secure fabric firmly to posts and rails. Bend ends of wire to minimize hazard to persons or clothing.

    7. Maximum Spacing: Tie fabric to line posts 12” center to center and to rails and braces 24” center to center.

    8. Barbed Wire: Extend end members of gate frames above top member of gate to match the height of adjacent fence and prepare to receive the same number of strands as adjacent arms of fence posts. Pull taut to remove sag, firmly install it in the slots of the extension arms and secure it. Provide necessary clips for securing wire to extensions.

    9. Fasteners: Install nuts for tension bands and carriage bolts on the side of the fence opposite the fabric side. Peen ends of bolts or score threads to prevent removal of nuts.

    10. Gates: Install gates plumb and level in a closed position, according to manufacturer's written instructions for full opening without interference. Install ground-set items in concrete for anchorage. Attach hardware by means that will prevent unauthorized removal. Peen as necessary. Adjust hardware for smooth operation and lubricate where necessary.


  6. CHAIN LINK FENCE FABRIC INSTALLATION

    1. Fabric:

        • Place chain-link fabric on the outside of the area enclosed.

        • Place the fabric by securing one end, applying sufficient tension to remove slack before making attachment elsewhere. Tighten the fabric to provide a smooth uniform appearance free from sag.

        • Cut the fabric by untwisting a picket and attach each span independently at terminal posts. Use stretcher bars with tension bands at maximum 15” intervals or other approved method of attachment.

        • Install fence fabric 1” above ground level. Fasten the fabric to the line posts at intervals not exceeding 15”. Fasten the fabric to the rail or tension wire at intervals not exceeding 24”.

        • Join rolls of wire fabric by weaving a single picket into the ends of the rolls to form a continuous mesh.

  7. GROUNDING INSTALLATION

    1. A typical ground rod installation adjacent to each corner post and at each gate post shall be Used. Use 8-foot length ground rod installation according to a manufacturer’s instruction.

    2. Use copper conductor to connect from the posts to the ground rods as shown on the drawings. The connection shall be made with inline crimp terminals and according to manufacturer’s instructions.


  8. CLEANING

    1. Clean up of all debris and unused material will be conducted upon project completion. The port may at its option retain any previously installed fencing material removed as part of the project. All other material will be removed from the site.


PROJECT LAYOUT



Project Site layout Phase 1 & 2

  1. PHASE ONE









    Existing Conditions of Fence on Site


    Photo 1 – Existing Fence and C-post on site


    Photo 2 – Existing Fence line along Phase 1

    Photo 3 – Existing Non- electric Sliding gate


    Photo 4 – Existing PVC coated fence to be replaced with Zinc coated fencing – Phase 1.

    Photo 5 - Existing Hy Security Gate Motor at turn out Gate


    photo 6 – Existing Hy Security Gate Motor Specs

    Photo 7 - Control Lift Master Control Gate Arm for four Entrance Lanes at Access Control

    Exhibit B – APPLICATION FOR PAYMENT

    Exhibit C - CONTRACTOR’S AFFIDAVIT


    STATE OF FLORIDA MANATEE COUNTY


    Before me, the undersigned authority, personally appeared          

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


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


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


    3. Said improvements have been fully completed and the Contract for

                          dated            (“Construction Contract”) entirely performed to the final stage of pay out as prescribed in the Construction Contract between Contractor and Authority, and that all lienors as defined by Chapter 713, Florida Statutes, have been paid all sums due them up to the date of this Affidavit except the following ones who are due the respective amounts set opposite their respective names:

      Name Amount



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

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

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


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


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


CONTRACTOR


BY:         


FOR:         


Sworn to and acknowledged before me this          day of             ,

20 ,

by                  of                , a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced a Florida driver's license as identification.


                     , Notary Public, Commission No.          


                   , Name of Notary type, printed or stamped

Exhibit D - TRENCH SAFETY SWORN STATEMENT

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


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


No

Trench Safety Item (Description)

TM!--''-m,.J , s ...,,l"L..E.0





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


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

FAILURE TO COMPLETE THE ABOVE SHALL RESULT IN THE BID BEING

DECLARED NON-RESPONSIVE.


DATE: ,s-Is-I2-o:Z,.'}

I I


TG,clc-S

STATE OF J.1:,0RJOK"

COUNTY OF

C,e I, <­ BY: _LJ =:==!:::=-rIJ,:.::::-:.:..fL_:- ::::==- PRINT NAME:  os

TITLE: P s,o

Personally appeared-befire me, the undersigned authority      ,who, after first being sworn

by me, affixed his /her signature in the space provided above on this_ day of   20_.




TOAAILYN PROCELLA

Notary ID #126904430

My Commission Expires May 19, 2025

My Commission expires-:- _,/'--'-1 9_,1,_.. ..-;---------


Exhibit E - BID FORM EXECUTED


SECTION 00 4113 -BID FORM


The terms used within the Bid are defined in the General Conditions of the Construction Contract, which are included as part of the Bid Documents.

ARTICLE 1 - BID RECIPIENT


    1. This Bid is submitted to:

      Owner:

      Address:


      Manatee County Port Authoritv 300 Tampa Bay Wav

      Palmetto,         FL         34221                

      Project Identification: PORT PERIMETER FENCING

    2. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perfom1 all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.


ARTICLE 2-ATTACHMENTS TO TIDS BID


    1. The following documents are submitted with and made a condition of this Bid:

      1. This Bid Form;

      2. Required Bid security with Power of Attorney for Surety;

      3. List of Proposed Subcontractors;

      4. List of Proposed Suppliers;

      5. List of Project References;

      6. Required Bidder Qualification Statement with supporting data;

      7. Certificate of Compliance with Trench Safety Form; and

      8. Copies of valid licenses in accordance with Section 489.113, Florida Statutes.


ARTICLE 3 - BASIS OF BID


    1. N/A

    2. Unit Price Bids

      1. Bidder will perform the following Work at the indicated unit prices:

        Phase 1



      2. Bidder acknowledges that:

        .i >.

        Item No.

        Description

        Unit

        Estimated Quantity

        Bid Unit Price

        Bid Amount

        1.

        Gate arm, Gate Motor, Loop & Accessories

        No.

        4

        5,.'15b

        $2- .ctn

        2.

        Sliding Aluminum Gate Manual 40 FT.

        No.

        s

        I?,,RS .c; s

        C.-

        rn9' .7.CJ\

        3.

        Sliding Aluminum Gate With Motor 40 FT.

        No.

        1

        ii _'2-ll:)'!


        $2- - J

        4.

        Sliding Aluminum Gate Manual 12 FT.

        No.

        4

        , f)I"

        5, "}Sb.-s

        1_'1.,.rtn!

        5.

        Fencing Wire

        FT

        7,385

        (,,t :2-

        $ ltd) B1'.f;

        I,

        6.

        Fencing Barb Wire




        $

        7.

        Fencing Accessories




        $

        8.

        Fencing Posts




        $

        9.

        North Gate Inbound Lanes 20 FT S ai1,les$"$teel Swing Gate

        '=- W4-1,-i.

        No.

        4

        ; \e,SD-

        JL\.{,,CtJ:

        $

        10.

        North Gate Outbound Lanes 18 Ft. teeISwing Gate

        -..ulA.Jl "'J>

        No.

        4

        ,I I.\So1

        $ I'l,','flt)






        $ I






        $






        $

        Total of All Unit Price Bid Items

        $ CI

        lo1-1.'lr"J ;

        I

        1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and

        2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

        3. All materials and installation needed for complete system consisting of with the specified components.

          Total Bid Price (Total of All Unit Price Bids)

          $

    3. Total Bid Price (All Unit Price Bids)



      Phase 2


      Item No.

      Description

      Unit

      Estimated Quantity

      Bid Unit Price

      Bid Amount


      ..

      1.

      Sliding Aluminum Gate Manual With 40 FT. Opening

      No.

      3

      13.g<;t)

      $ 41.91);

      2.

      Sliding Aluminum Gate Manual With 6 FT. Opening

      No.

      1

      54:7..<J):s

      l-l :iso';

      3.

      Sliding Aluminum Gate Manual With 12 FT. Opening

      No.

      4

      'lSD:=

      --,

      $ i..i,,rfi)::.

      4.

      Fencing Wire

      FT

      8,449

      1-?·

      s52.3.8, S&


      5.

      Fencing Barb Wire




      $

      6.

      Fencing Accessories




      $

      7.

      Fencing Posts




      $

      8.

      South Swing Gate With 40 FT. Opening

      No.

      1

      ln,<A5b

      sc/&50






      $






      $






      $

      Total of All Unit Price Bid Items

      $ ,c

      5C\9,. rs'b


      1. Bidder acknowledges that:

        1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and

        2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

        3. All materials and installation needed for complete system consisting of with the specified components.

          I Total   Bid Price (Total of   All Unit Price Bids)         

    4. Total Bid Price (All Unit Price Bids)


ARTICLE 4 -RESERVED


ARTICLE 5 - RESERVED


ARTICLE 6 -TIME OF COMPLETION


    1. Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the nwnber of calendar days indicated in the Agreement.

    2. Bidder accepts the provisions of the Agreement as to liquidated damages.


ARTICLE 7 -BIDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA


    1. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

    2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing v,rith the disposition of Bid secmity. Bidder shall sign and submit the contract bond and other documents required by the Bid Docwnents within 15 calendar days after the date of the Owner's Notice of Award.

    3. Bidder acknowledges Additive Alternates Bid provided herein shall remain valid for Owner to elect approval and authorization for 150 calendar days from Owner's Notice of Award.

    4. Bidder hereby acknowledges receipt of the following Addenda:


Addendum No.

    1.  

     3  

(Bidder shall insert number of each addendum received


ARTICLE 8 - BIDDER'S REPRESENTATIONS


    1. In submitting this Bid, Bidder represents that:

      1. Bidder has examined and carefully studied the Bidding Documents, and any data and referenced items identified in the Bidding Documents, including Addenda.

      2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

      3. Bidder is familiar with and has satisfied itself as to federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work.

      4. Bidder bas obtained and carefully studied all reports of explorations and tests of subsurface conditions at or adjacent to theSite and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the General and Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

      5. Bidder has obtained and carefully studied all reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the General and Supplementaiy Conditions, especially with respect to Technical Data in such reports and drawings.

      6. Bidder has considered the information known to Bidder itself; infonnation commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by defi.njtion, with respect to the effect of such information, observations, and Technical Data on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (3) Bidder's (Contractor's) safety precautions and programs.

      7. . Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with theother te1ms and conditions of the Contract.

      8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

      9. Bidder has given Engineer written notice of all confli.cts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Docwnents, and of discrepancies between the Site conditions and the Contract Documents, and confoms that the written resolution thereof by Engineer is acceptable to Bidder (Contractor).

      10. The Bidding Documents are sufficient to indicate and convey understanding of all te1ms and conditions for the performance and furnishing of the Work.

      11. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and fumishmg the Work required by the Bidding Documents.

    2. Bidder's Certification

      1. The Bidder certifies·the following:

        1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

        2. Bidder has not dfrectly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

        3. Bidder bas not solicited or induced any individual or entity to refrain from bidding; and

        4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

          1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidcting process;

          2. "fraudulent practice" means an intentional misrepresentation of facts made

            (a) to inl1uence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

          3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a pw-pose of which is to establish bid prices at artificial, non-competitive levels; and

          4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract.

      2. All required sales and use taxes are included in the stated Bid prices for the Work unless provision is made herein for the Bidder to separately itemize the estimated amount of sales tax.

      3. If awarded a Contract, theBidd::rsballcomplywiththeFlorida Trench Safety Act, FJorida Statutes 33-553.60 through 33-553.64,and applicable trench safety standards shall be complied with.

      4. Bidder is not cmrently and has not been on the convicted vendor list within the last

        36 months.

      5. Bidder is not on the Scrntinized Companies that Boycott Israel List, or engaged in a boycott oflsrael, or on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.

      6. Bidder is and will comply with all local, state, federal directives, orders, and Laws and Regulations as applicable to this Bid and Contract including but not limited to Equal Employment Opportunity (EEO), Minority Business Enterprise (MBE) and OSHA.

      7. Bidder will submit written evidence of its authority to do business in the State of Florida no later than the date of its execution of the Agreement.

    3. Bidders Particulars

I ,

Bidder's Business Address for giving Notice: {p{J 7 f/wy /Q J,Jµ-,f 0(1.AJ(.f. f1lf11,3'L

Phone No.: cqo':h 'e:>'b'S-Je,B O FAX No.: L/Cft- 8'&3- o

Email: IJ t"\C..t.. 1- e e, Jc.o,_

Name(s) of Contractor: l). ').  Lt :.

DJi..v,c \::h os, .P 10£.,;;- ,

(,...,

1

A- LJ.NA  Pile.> -.  M/lw.lA{..E.Sl

I

Job Site Field Representative(s):   \LAL.f....1A P11.. €£.-r fi,1A..,


BID SUBMITTED on  j B , 202

Florida Contractor's Licens No.:'-2mr£ ---of- ,'---'-"-'--"£) -'--".Doc_=-c;....='=,,;.:...._-'-H_,O'--''/.£X(Xt)c...-=.,.._.. ..=-()....., l

Contractor's License Class (where applicable):   _


This Bid is submitted on 8 day of k_,2023, by:

If Bidder is an individual: J

Name (Typed or printed)-,-- Ji :.                   _ By (signatur-e--),#..:1:..i-,c¢., ,                   _ Doing Business As 1+=-f>            

If Bidder is a partnership:

Partnership Name -----+--..:.c:+-' (SEAL)


By (signature)

=

(Signature of gen ral partner - attach evidence of authority to sign)

Name (Typed or printed):  

If Bidder is a corporation:

,.l-+"-11 _

Corporation Name: LJ,::,.  le  J },Jc_.

(SEAL)

State of Incorporation: ,_k,.,'--"'-=--"\Sec..., ;AI :.. ,..J_A._; ----, =--


(Signature - attach evidenc

Type (General Business, Professional 'h:rll,r!f:...

By


Name (typed or printed): ---"b:; A-_V-'----'---'1O=---_,_/-h-'-'-r<F_O >=-------- -----

::::t ifP?J:Z. (CORPORATE SEAL)

(Signature of Corporate Secretary)

Date of Qualification to do business is: D€C. 4-111-

1

/'1'1S

If Bidder is a Corporation, attach a certified copy of corporate resolutions of the Board of Directors of the Corporation authorizing an officer of the Corporation to execute the Agreement contained within this document on behalf of the Corporation.

If Bidder is a Joint Venture

Joint Venturer Name: -----,-----..:../-t----1 (SEAL)

By: ---------=--1-P..                                              

(Signature ofjoint venture partner - attach evidence of authority to sign)

Name (typed or printed): ------:--'-t.f-'-+l -'-------------------

Title: fl.-

= i-=

Name (typed orprinted): '-

T e:                   :_-4--i:; _

;: -e-(ry_p_e_d_o_,_p·_,_·in_t-ed=)-=: ===J:1-1\-.,:=: :: =========================== (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

END OF SECTION 00 41 13

DRUG-FREE WORKPLACE CERTIFICATE {OPTIONAL)


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


  1. 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the work place and specifying the actions that will be taken against employees for violatio11S of such prohibition.

  2. 2) Inform employees about thedangers ofdrug abuse in the work place, thecompany's policy of maintaining a Drug-Free Work Place, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

  3. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

  4. 4) ln the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction ot or plea of guilty or nolo couteudere to, any violation of Chapter 893 of the Florida Statutes, or ofanycontrolled substance law of the United States or any state, for a violation occurring in the work place no later than five (5) days after such conviction or plea.

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

    Signature

    Printed Name

  6. 6) Make a good faith effort to continue to maintain a dmg-free workplace through implementation of this section.




U.S. Department of Homeland Security

Washington, D.C. 20472



David St. Pierre

Manatee County Port Authority 300 Tampa Bay Way

Suite 1

Palmetto, FL 34221 - 6608


Re: Grant No.EMW-2020-PU-00427


Dear David St. Pierre:


Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2020 Port Security Grant Program has been approved in the amount of $813,090.00. As a condition of this award, you are required to contribute a cost match in the amount of $271,030.00 of non-Federal funds, or 25 percent of the total approved project costs of $1,084,120.00.


Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:



Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions:

Step 1: Please log in to the ND Grants system at https://portal.fema.gov.


Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub-menu, and then click the link for "Award Offer Review" tasks. This link will navigate you to Award Packages that are pending review.


Step 3: Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records.


System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular, your organization's name, address, DUNS number, EIN and banking information. Please ensure that the DUNS number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management is located at http:// www.sam.gov.


If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible. This will help us to make the necessary updates and avoid any interruptions in the payment process.

Award Letter


CHRISTOPHER PATRICK LOGAN GPD Assistant Administrator

Tue Sep 01 00:00:00 GMT 2020



U.S. Department of Homeland Security

Washington, D.C. 20472


AGREEMENT ARTICLES

Port Security Grant Program


GRANTEE: Manatee County Port Authority

PROGRAM: Port Security Grant Program

AGREEMENT NUMBER: EMW-2020-PU-00427-S01


TABLE OF CONTENTS


Article I Summary Description of Award


Article II Activities Conducted Abroad


Article III Reporting of Matters Related to Recipient Integrity and Performance


Article IV Trafficking Victims Protection Act of 2000 (TVPA)


Article V Federal Leadership on Reducing Text Messaging while Driving


Article VI Debarment and Suspension


Article VII Fly America Act of 1974


Article VIII Americans with Disabilities Act of 1990


Article IX Duplication of Benefits


Article X Copyright


Article XI Civil Rights Act of 1968


Article XII Best Practices for Collection and Use of Personally Identifiable Information (PII)


Article XIII Limited English Proficiency (Civil Rights Act of 1964, Title VI)

Agreement Articles

Article XIV Hotel and Motel Fire Safety Act of 1990


Article XV Disposition of Equipment Acquired Under the Federal Award


Article XVI Patents and Intellectual Property Rights


Article XVII DHS Specific Acknowledgements and Assurances


Article XVIII Procurement of Recovered Materials


Article XIX Terrorist Financing


Article XX Civil Rights Act of 1964 - Title VI


Article XXI Prior Approval for Modification of Approved Budget


Article XXII Acknowledgement of Federal Funding from DHS


Article XXIII Acceptance of Post Award Changes


Article XXIV Rehabilitation Act of 1973


Article XXV False Claims Act and Program Fraud Civil Remedies


Article XXVI Nondiscrimination in Matters Pertaining to Faith-Based Organizations


Article XXVII Lobbying Prohibitions


Article XXVIII Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX


Article XXIX Age Discrimination Act of 1975


Article XXX National Environmental Policy Act


Article XXXI Assurances, Administrative Requirements, Cost Principles, Representations and Certifications


Article XXXII USA PATRIOT Act of 2001


Article XXXIII Non-Supplanting Requirement


Article XXXIV Drug-Free Workplace Regulations


Article XXXV Universal Identifier and System of Award Management


Article XXXVI Reporting Subawards and Executive Compensation

Article XXXVII Energy Policy and Conservation Act


Article XXXVIII Whistleblower Protection Act


Article XXXIX Federal Debt Status


Article XL Use of DHS Seal, Logo and Flags


Article XLI Notice of Funding Opportunity Requirements


Article XLII SAFECOM


Article XLIII Funding Hold: Environmental Planning and Historic Preservation (EHP) Compliance


Article XLIV Funding Hold: Detailed Cost Breakdown & Justification Required


Article I - Summary Description of Award


The terms of the approved Investment Justification(s) and Budget Detail Worksheet(s) submitted by the recipient are incorporated into the terms of this Federal award, subject to the additional description and limitations stated in this Agreement Article and the limitations stated in subsequent reviews by FEMA of the award budget. Investments not listed in this Agreement Article are not approved for funding under this award.


Investment 1: Port Security Response Airboat Sustainment Investment is fully funded for $23625. Investment 2: Interoperable Communications is fully funded for $39465.

Investment 3: Camera System Upgrade is fully funded for $375000.

Investment 4: Perimeter Fencing Sustainment - Phase 1 is fully funded for $375000.


Article II - Activities Conducted Abroad


Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.


Article III - Reporting of Matters Related to Recipient Integrity and Performance


If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.


Article IV - Trafficking Victims Protection Act of 2000 (TVPA)


Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference.


Article V - Federal Leadership on Reducing Text Messaging while Driving


Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government.


Article VI - Debarment and Suspension

Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.


Article VII - Fly America Act of 1974


Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. section 41102) for international air transportation of people and property to the extent that such service is available, in

accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.


Article VIII - Americans with Disabilities Act of 1990


Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101-12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.


Article IX - Duplication of Benefits


Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by

federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.


Article X - Copyright


Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.


Article XI - Civil Rights Act of 1968


Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and

ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)


Article XII - Best Practices for Collection and Use of Personally Identifiable Information (PII)


Recipients who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.


Article XIII - Limited English Proficiency (Civil Rights Act of 1964, Title VI)


Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide mea