MANATEE COUNTY PORT AUTHORITY AGENDA

June 16, 2026

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.

1. CALL TO ORDER

2. Public Comments – (all agenda and non-agenda items)

   
   

3. Consent Agenda

   Requests by Port Authority (items to be pulled from Consent Agenda)

   
   

4. Public Transportation Amendment Grant Agreement- Berth Rehab (G3200)

   
   

5. Public Transportation Amendment Grant Agreement- Intermodal Container Yard Phase 3 (G3199)

   
   

6. Public Transportation Grant Agreement- Security Seafarer Access Shuttle (G3H26)

7. Public Transportation Grant Agreement Amendment- Rail Spur (G2Z62)

8. Executive Director Comments

9. Commissioner Comments

10. Adjourn

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.

Mike Rahn, Chairman; Jason Bearden, 1st Vice Chairman; George Kruse, 2nd Vice-Chairman;

Vacant, 3rd Vice Chairman; Amanda Ballard, Member; Dr. Bob McCann, Member; Tal Saddique, Member

June 16, 2026

1. CONSENT AGENDA

   
   

   1. Warrant List

      
      

   2. Minutes – May 19, 2026

      
      

   3. Budget Resolution

      
      

   4. Deletion of Port Assets

      
      

   5. Hurricane Milton Repairs Contract Award to BCS

      
      

   6. Berth Reconstruction Planning, Permitting, and Design Professional Services selection and rankings.

      
      

   7. Second Amendment to Port Manatee and Agunsa Manatee Terminal, LLC Consolidated Lease

      
      

   8. Florida Division of Emergency Management – Generators Maintenance Agreement

RECOMMENDATION:

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

Total warrants (checks) for period reported 470,421.21

‌MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

COUNTY ADMINISTRATION BUILDING, HONORABLE PATRICIA M. GLASS CHAMBERS

1112 Manatee Avenue West Bradenton, Florida

May 19, 2026

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

Present were:

Mike Rahn, Chairman

Jason Bearden, First Vice-Chairman George W. Kruse, Second Vice-Chairman Amanda Ballard

Dr. Bob McCann Tal Siddique

One Member seat is vacant

Also present were:

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

Denise Hege, Accounting, Clerk of the Circuit Court Robin Toth, Deputy Clerk, Clerk of the Circuit Court

1. CALL TO ORDER

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

   NEXT PORT AUTHORITY MEETING

   Chairman Rahn announced that the August Port Authority meeting will be held at Seaport Manatee.

   AGENDA PA20260519DOC001

2. PUBLIC COMMENTS (All Agenda and non-Agenda Items)

   A man, who would not state his name, was escorted out of Chambers.

   There being no further public comment, Chairman Rahn closed public comment.

   
   

   RECESS/RECONVENE: 9:05 a.m. – 9:10 a.m. All Members were present.

   
   

   ITEMS PULLED FROM CONSENT AGENDA

   No items were pulled from the Consent Agenda.

   CONSENT AGENDA PA20260519DOC002

3. A motion was made by Member Siddique, seconded by Member Ballard, and carried 6 to 0, 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 April 13, 2026, to May 11, 2026 PA20260519DOC003

   2. MINUTES

      Approved the Minutes of April 21, 2026

   3. BUDGET AMENDMENT

      MAY 19, 2026 (Continued)

      Adopted Budget Resolution PA-26-15, budgeting the following:

      • Reallocates funding in the amount of $133,333 (Florida Department of Transportation [FDOT] budgeted funds $99,466; Port Cash $33,867), from the fire suppression upgrades to the access control parking area for paving associated with the FDOT Access Control Center Upgrades Grant ($280,000)

        PA20260519DOC004

   4. DELEGATION OF AUTHORITY TO EXECUTIVE DIRECTOR

      Adopted Resolution PA-26-14, delegating the Executive Director of the Port, or in his absence, the Deputy Executive Director, limited and temporary authority during extended periods when there are more than 30 calendar days between regularly scheduled Authority meetings PA20260519DOC005

   5. PORT MANATEE TARIFF NO. 3, ITEM 900

   Approved revised wording to Port Manatee Tariff No. 3, Item 900 (3)(i), to add wording as follows: Any crane request made with less than 24-hours’ notice is subject to a one-time $3,000 fee PA20260519DOC006

   (End Consent Agenda)

   
   

4. EXECUTIVE DIRECTOR COMMENTS

   Chairman Rahn stated projected revenue for FY26 is $38.3 million, which is significantly higher than prior years, indicating that SeaPort Manatee continues to grow in Port activity. Core operations remain very strong. Projected expenses for FY26 are $17.7 million and operations are being managed effectively. Total financial strength for FY26 is

   $21.5 million, reflecting a very strong, five-year trend. SeaPort Manatee received a nearly $12 million federal appropriations grant to advance an expansion of container yard facilities, and SeaPort Manatee continues to pursue appropriations to fund Berths 4 and 5 expansion projects. He thanked Mr. Buqueras and his team for their hard work to move forward in future growth and infrastructure investment.

   Carlos Buqueras, Executive Director, notified Port Members that SeaPort Manatee’s Bond rating has been upgraded to AAA by both Fitch & Moody.

   
   

   In response to question, Mr. Buqueras stated Port debt service coverage ratio exceeds 10/1.

   
   

   Denise Stufflebeam, Director of Business Administration and Finance, stated Port Bond debt is $29.5 million, with an annual payment of $2.4 million. Other Port debt is a SIB (State Infrastructure Bank) Loan for Berth 9 complete reconstruction of $4 million, with an annual payment of $275,000/year.

5. PORT AUTHORITY MEMBER COMMENTS

   There were no Member comments.

   
   

   ADJOURN

   There being no further business, Chairman Rahn adjourned the meeting at 9:14 a.m. Minutes Approved:                     

   ‌June 16, 2026

   
   

   CONSENT

   AGENDA ITEM 3.C: BUDGET RESOLUTION BACKGROUND:

   This resolution budgets the following:

   • Budgets amendment 1 in the amount of $18,782,808 for the Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) G3200 for an increase to the Berth 4 Improvement project funded 75% FDOT in the amount of $14,087,106 and 25% Port cash of $4,695,702.

   • Budgets amendment 1 to in the amount of $11,000,000 for the Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) G3199 for an increase to the Intermodal Container Yard Phase 3 project funded 50% FDOT in the amount of $5,500,000 and 50% Port cash of $5,500,000.

   • Budgets amendment 1 to G2Z62 in the amount of $3,313,848 for the Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) for an increase to the Rail Yard Spur project funded 50% FDOT in the amount of $1,656,924 and 50% Port cash of

     $1,656,924.

     
     

   • Budgets $149,860 for the FDOT grant #3H26 funded $112,395 by FDOT and $37,465 of Port cash for the purchase of Seafarer Access Shuttle.

   
   

   ATTACHMENT:

   
   

   Budget Resolution PA-26-16

   
   

   COST AND FUNDING SOURCE:

   
   

   Transfers FDOT budgeted funds of $21,356,425 and $11,890,091 Port cash

   
   

   CONSEQUENCES IF DEFERRED:

   
   

   Delay in budget allocations.

   LEGAL COUNSEL REVIEW: N/A RECOMMENDATION:

   Move to adopt Budget Resolution PA-26-16.

   RESOLUTION PA-26-16 AMENDING THE ANNUAL BUDGET

   FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2025-2026

   
   

   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 2025-2026 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	BAAL061626A	BU26000475
      2	BAAL061626A	BU26000476
      3	BAAL061626A	BU26000477
      4	BAAL061626A	BU26000478

      
      

      ADOPTED with a quorum present and voting this the 16th day of June 2026.

      ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

      CLERK OF CIRCUIT COURT

      
      

      By:                                   

      BUDGET AMENDMENT RESOLUTION NO. PA-26-16 AGENDA DATE: June 16, 2026

      1. Fund: FDOT – 75%

         Port Cash – 25% Section: Berth 4 Improvements

         Description: Budgets $18,782,808 for an increase to the Berth 4 Improvement project funded 75% ($14,087,106) by FDOT G3200 grant 25% ($4,695,702) Port cash.

         
         

         Batch ID: BAAL061626A Reference: BU26000475

         
         

      2. Fund: FDOT – 50%

         Port Cash – 50%

         
         

         Section: Intermodal Container Yard Phase 3

         
         

         Description: Budgets $11,000,000 for an increase to the Intermodal Container Yard Phase 3 project funded 50% ($5,500,000) by FDOT G3199 grant 50% ($5,500,000) Port cash.

         
         

         Batch ID: BAAL061626A Reference: BU26000476

         
         

      3. Fund: FDOT – 50%

         Port Cash – 50%

         Section: Rail Yard Spur

         Description: Budgets $3,313,848 for an increase to the Rail Yard Spur project funded 50% ($1,656,924) by FDOT G2Z62 grant 50% ($1,656,924)

         Port cash.

         Batch ID: BAAL061626A Reference: BU26000477

         
         

      4. Fund: FDOT – 75%

   Port Cash – 25% Section: Seafarer Access Shuttle

   Description: Budgets $149,860 for a Port Seafarer van funded 75% ($112,395) by FDOT 3H26 grant and 25% ($37,465) Port cash.

   
   

   Batch ID: BAAL061626A Reference: BU26000478

   ‌June 16, 2026

   
   

   CONSENT

   AGENDA ITEM 3.D: DELETION OF PORT ASSETS

   
   

   BACKGROUND:

   
   

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

   
   

   ATTACHMENT:

   
   

   Asset Deletion – June 16, 2026

   
   

   COST AND FUNDING SOURCE:

   
   

   N/A.

   
   

   CONSEQUENCES IF DEFERRED:

   
   

   Delay in updating property records.

   
   

   LEGAL REVIEW: N/A

   
   

   RECOMMENDATION:

   
   

   Surplus/remove assets as listed on the attached Asset Deletion – June 16, 2026, from the Fixed Assets Listing.

   Asset Deletion - June 16, 2026

   
   

   Asset #	Description	Serial/VIN#	Date Purchased	Cost	Value	Status
   55416	RADIO, FLUID MESH	1100411279	9/1/2011	$ 3,357.54	$ -	Inoperable
   55463	CAMERA, BOSCH 500I SERIES	N/A	09/01/11	$ 6,861.31	$ -	Junked
   55441A	PRECISION, DELL	CMKHNQ1	9/1/2011	$ 19,818.15	$ -	Sold at prior auction
   55418	RADIO, FLUID MESH	1100411264	9/1/2011	$ 3,357.54	$ -	Obsolete
   55425	RADIO, FLUID MESH	1100411269	9/1/2011	$ 3,357.54	$ -	Obsolete
   				$ -	$ -	Obsolete
   				$ -	$ -	Obsolete
   				$ -	$ -	Obsolete
   				$ -	$ -	Obsolete
   				$ -	$ -	Obsolete

   ‌June 16, 2026

   
   

   CONSENT AGENDA ITEM 3.E:

   
   

   BACKGROUND:

   
   

   HURRICANE MILTON REPAIRS AMENDMENT CONTRACT AWARD TO BCS

   The Authority has approved Florida Department of Transportation (FDOT) Grant No. H1231 to support repairing rip rap at Berth 4 and pavement at Berth 10 to include, but not limited to, clearing and grubbing, excavating, fencing, and performance turf sod, concrete steps and concrete sidewalk.

   An invitation to bid was issued via DemandStar on April 3, 2026. Of the nine bids received, BCS Construction Group submitted the lowest responsive bid at $682,053.75. The Engineer of Record, RS&H has reviewed the submissions and recommends awarding the contract to BCS Construction Group. A 3% contingency of $20,461.61 will be added for unforeseen work.

   Approval is requested for the bid amount support project execution.

   
   

   ATTACHMENT:

   
   

   • Invitation to Bid

   • Bid Tabulation

   • RS&H Recommendation

   • Contract

   
   

   COST AND FUNDING SOURCE:

   
   

   $605,590.00 FDOT and $96,925.36 Port

   
   

   CONSEQUENCES IF DEFERRED:

   Delay in commencement of Hurricane Milton Repairs Project.

   LEGAL COUNSEL REVIEW: Yes

   
   

   RECOMMENDATION:

   Move to approve and authorize the Chairman to execute the contract between the Manatee County Port Authority and BCS Construction Group for the Hurricane Milton Repairs project, in the amount of $682,053.75, subject to receipt of all required bonds and insurance, and FDOT approval, and a 3% project contingency of $20,461.61 to be held in reserve.

   BID COVER SHEET ITB-20260123-1/RH-0-2026/JDG Hurricane Milton Repairs April 3, 2026 THIS IS NOT AN ORDER				Manatee County Port Authority 300 Tampa Bay Way, Suite 1 Palmetto, FL 34221
   Bid Due Date April 28, 2026 By no later than 2:00PM EST		All questions relating to this Invitation to Bid must be submitted in writing to the Administrative Manager/Engineering & Construction: Robert Howard Administrative Manager/Engineering & Construction Engineering Department 300 Tampa Bay Way, Palmetto, FL 34221 (O) 941-721-2352 (C) 941-465-7779 Email: rhoward@seaportmanatee.com
   Calendar of Events
   	April 3, 2026		Invitation to Bid
   	April 8, 2026	10:00 AM	Non-Mandatory pre-submittal conference
   	April 14, 2026		Last day for submitting written questions and Mandatory Site Visit
   	April 21, 2026		Last day for responses to written questions via Addendum
   	April 28, 2026	2:00 PM	Deadline for submitting bids
   	May 21, 2026		Port Authority meeting, award announcement
   Bidder Name and Address (must be completed):
   Funded in Part By Grant: H1231
   Bidder List of Addendum and Date (must be completed): 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 ITB 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 ITB and any addenda or revisions thereto.
   Name of Authorized Company Representative (Type or Print)			Title	Date
   Signature of Authorized Company Representative Named Above			Phone	Fax	Email

   
   

   1

   Tabulation Sheet

   
   

   Agency Name Manatee County Port Authority

   
   

   Bid Number ITB-20260123-1/RH-0-2026/JDG

   
   

   Bid Name Hurricane Milton Repairs

   
   

   Bid Due Date 04/28/2026 14:00:00 Eastern

   
   

   Bid Opening Closed

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

      	Company	Responded	Address	Bid Amount	Alt Bid Amount	Declared Attributes	Documents Sent
      Complete
      1 . 2 .							Proof of Insurance
      							Bonds
      							Completed and Signed Trench Safety Affidavit
      							Drug Free Work Place Certificate
      							Required bid security with Power of Attorney for Surety
      							List of proposed Suppliers
      							List of Project References
      							Certificate of Compliance with Trench Safety Form
      							Completed and Signed Contractor’s Affidavit
      	BCS Construction group	04/28/2026 13:11:33 Eastern	8130 66th St N, Suite 10, Pinellas Park, FL, 33781	$482308.7500	199745.000 0	Hispanic Owned, Small Business	Supplementary Conditions Completed and Signed Bid Bond Payment Bond Performance Bond
      							Contractor's Affidavit For Final Payment
      							Completed and Signed Bid Form
      							Written Evidence For Qualifications
      							Subcontractor Qualification Information
      							Copies of Valid Licenses
      							Required Bidder Qualification Statement with supporting data
      							Completed and Signed Agreement Form
      							Completed and signed bid (ITB cover page)
      							Signed Bid Instructions
      							Proof of Insurance
      							Bonds
      							Completed and Signed Trench Safety Affidavit
      							Drug Free Work Place Certificate
      							Required bid security with Power of Attorney for Surety
      							List of proposed Suppliers
      							List of Project References
      	Earth Tech Enterprises, Inc.	04/28/2026 12:01:05 Eastern	6180 Federal Court, FORT MYERS, FL, 33905	$1076755.000 0	269350.000 0		Certificate of Compliance with Trench Safety Form Completed and Signed Contractor’s Affidavit Supplementary Conditions Completed and Signed Bid Bond
      							Payment Bond
      							Performance Bond
      							Contractor's Affidavit For Final Payment
      							Completed and Signed Bid Form
      							Written Evidence For Qualifications
      							Subcontractor Qualification Information
      							Copies of Valid Licenses
      							Required Bidder Qualification Statement with supporting data

      
      

      3 . 4 . 5 .							Completed and Signed Agreement Form
      							Completed and signed bid (ITB cover page)
      							Signed Bid Instructions
      							Proof of Insurance
      							Bonds
      							Completed and Signed Trench Safety Affidavit
      							Drug Free Work Place Certificate
      							Required bid security with Power of Attorney for Surety
      							List of proposed Suppliers
      							List of Project References
      							Certificate of Compliance with Trench Safety Form
      							Completed and Signed Contractor’s Affidavit
      	Flores Construction Co.	04/28/2026 11:37:56 Eastern	5004 East Fowler Avenue #C-335, Tampa, FL, 33617	$895400.0000	418538.000 0	Hispanic Owned	Supplementary Conditions Completed and Signed Bid Bond Payment Bond Performance Bond
      							Contractor's Affidavit For Final Payment
      							Completed and Signed Bid Form
      							Written Evidence For Qualifications
      							Subcontractor Qualification Information
      							Copies of Valid Licenses
      							Required Bidder Qualification Statement with supporting data
      							Completed and Signed Agreement Form
      							Completed and signed bid (ITB cover page)
      							Signed Bid Instructions
      							Proof of Insurance
      							Bonds
      							Completed and Signed Trench Safety Affidavit
      							Drug Free Work Place Certificate
      							Required bid security with Power of Attorney for Surety
      							List of proposed Suppliers
      							List of Project References
      							Certificate of Compliance with Trench Safety Form
      							Completed and Signed Contractor’s Affidavit
      	M J Construction Company | Anchor Construction	04/28/2026 13:41:58 Eastern	809 S. Safford Ave., Tarpon Springs, FL, 34689	$1266915.000 0	380080.000 0		Supplementary Conditions Completed and Signed Bid Bond Payment Bond Performance Bond
      							Contractor's Affidavit For Final Payment
      							Completed and Signed Bid Form
      							Written Evidence For Qualifications
      							Subcontractor Qualification Information
      							Copies of Valid Licenses
      							Required Bidder Qualification Statement with supporting data
      							Completed and Signed Agreement Form
      							Completed and signed bid (ITB cover page)
      							Signed Bid Instructions
      							Proof of Insurance
      							Bonds
      	Sea & Shoreline, LLC	04/28/2026 12:50:27 Eastern	4331 Cockroach Bay Rd., Ruskin, FL, 33570	$1109890.000 0	699410.000 0		Completed and Signed Trench Safety Affidavit Drug Free Work Place Certificate Required bid security with Power of Attorney for Surety List of proposed Suppliers
      							List of Project References
      							Certificate of Compliance with Trench Safety Form

      
      

      6 . 7 .							Completed and Signed Contractor’s Affidavit Supplementary Conditions
      							Completed and Signed Bid Bond
      							Payment Bond Performance Bond Contractor's Affidavit For Final Payment
      							Completed and Signed Bid Form
      							Written Evidence For Qualifications
      							Subcontractor Qualification Information
      							Copies of Valid Licenses
      							Required Bidder Qualification Statement with supporting data
      							Completed and Signed Agreement Form
      							Completed and signed bid (ITB cover page)
      							Signed Bid Instructions
      	Solution Source	04/28/2026 13:58:39 Eastern	177 W Herring St, Plant City, FL, 33563	$711933.0000	0.0000		Proof of Insurance Bonds Completed and Signed Trench Safety Affidavit Drug Free Work Place Certificate Required bid security with Power of Attorney for Surety List of proposed Suppliers List of Project References Certificate of Compliance with Trench Safety Form Completed and Signed Contractor’s Affidavit Supplementary Conditions Completed and Signed Bid Bond Payment Bond Performance Bond Contractor's Affidavit For Final Payment Completed and Signed Bid Form Written Evidence For Qualifications Subcontractor Qualification Information Copies of Valid Licenses Required Bidder Qualification Statement with supporting data Completed and Signed Agreement Form Completed and signed bid (ITB cover page) Signed Bid Instructions
      							Proof of Insurance
      							Bonds
      							Completed and Signed Trench Safety Affidavit
      							Drug Free Work Place Certificate
      							Required bid security with Power of Attorney for Surety
      							List of proposed Suppliers
      							List of Project References
      							Certificate of Compliance with Trench Safety Form
      	Sully's LLC	04/28/2026 12:07:27 Eastern	740 Commerce Drive, Suite 1, VeniceVenice, FL, 34292	$936288.0400	339379.460 0	Small Business	Completed and Signed Contractor’s Affidavit Supplementary Conditions Completed and Signed Bid Bond Payment Bond
      							Performance Bond
      							Contractor's Affidavit For Final Payment
      							Completed and Signed Bid Form
      							Written Evidence For Qualifications
      							Subcontractor Qualification Information
      							Copies of Valid Licenses
      							Required Bidder Qualification Statement with supporting data
      							Completed and Signed Agreement Form

      
      

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

      
      

      	MEMORANDUM
      TO:	John Glass, P.E. SeaPort Manatee Director of Engineering, Construction
      FROM:	John Rice, P.E., CEM Project Manager
      DATE:	May 4, 2026
      RE:	SeaPort Manatee Hurricane Milton Repairs Project No. ITB-20260123-1 Bid Analysis Review

      
      

      
      

      Bid Opening: April 28, 2026

      Low Bid: $682,053.75 (includes base bid of $482,308.75 and alternate bid item #1 of $199,745.00) Engineer’s Estimate: $738,350.00

      Bidders (9): BCS Construction Group (Low Bidder), BDI Marine Contractors, Earth Tech Enterprise, Flores Construction Company, MJ Construction Company, Sea and Shoreline LLC, Sully’s LLC, Sol Contracting, LLC, and Granite Construction

      
      

      As the Project Manager for the referenced project, I have reviewed the bid prices for the low bid submitted by BCS Construction Group to determine whether the bid is responsive and responsible and fall within the generally accepted 25% tolerance threshold above or below the Engineer’s Estimate used by state agencies to identify unbalanced bids. A responsive bidder is one that submits a bid that fully complies with all the solicitation requirements. A responsible bidder is qualified, capable, and reliable to perform the contract.

      
      

      As all the bid items were lump sum line items, the determination for unbalanced bid was based on the total bid amount – including the bid alternate, being 25% below or 25% above the Engineer’s estimate. There were six bidders, Earth Tech Enterprise, Flores Construction Company, MJ Construction Company, Sea and Shoreline LLC, Sully’s LLC, and Granite Construction that provided bids above 25% of the Engineer’s Estimate and these six bidders were considered unbalanced.

      
      

      Based on our analysis, BCS Construction Group is considered a responsive, responsible bidder and RS&H recommends BCS Construction Group for award of SeaPort Manatee Hurricane Milton Repairs, Project No. ITB-20260123-1.

      
      

      Project No. ITB-20260123-1 Unbalanced Bid Check
      Engineer’s Estimate:	$738,350.00
      Low bid amount:	$682,053.75
      -25% of Engineer’s Estimate	$553,762.50
      +25% of Engineer’s Estimate	$922,937.50

      
      

      Bid Analysis

      
      

      Bidder Bid Amount EE +/- 25% Responsive Responsible Unbalanced

      
      

      BCS Construction Group	$682,053.75 No (-7.6%)	Yes	Yes	No
      BDI Marine Contractors	$691,361.00 No (-6.4%)	Yes	Yes	No
      Earth Tech Enterprise	$1,076,755.00 Yes (45.8%)	Yes	Yes	Yes
      Flores Construction Company	$1,963,136.00 Yes (165.9%)	Yes	Yes	Yes
      MJ Construction Company	$1,266,915.00 Yes (71.6%)	Yes	Yes	Yes
      Sea and Shoreline LLC	$1,809,300.00 Yes (145.1%)	Yes	Yes	Yes
      Sully’s LLC	$1,275,667.50 Yes (72.8%)	Yes	Yes	Yes
      Sol Contracting LLC	$711,933.00 No (-3.6%)	No (All forms missing)	Yes	No

      Granite Contractors $10,000,000.00 Yes (1,254.4%) No (All forms missing) Yes Yes

      
      

      SEAPORT MANATEE AGREEMENT

      HURRICANE MILTON REPAIRS ITB-20260123-1/RH-0-2026/JDG DATE: 04/03/2026

      AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

      This Agreement is by and between Manatee County Port Authority ({/Owner"} and BCS Construction Group ({/Contractor"}.

      Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions.

      Owner and Contractor hereby agree as follows:

      ARTICLE 1-WORK

      1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This project will repair riprap at Berth 4 and pavement at Berth

      1. damaged by Hurricane Milton. Work includes clearing and grubbing, excavation, embankment, fencing, new riprap and riprap relocation, sod, concrete steps, and concrete sidewalk.

         ARTICLE 2-THE PROJECT

         1. The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Berth 4 Riprap repair and Berth 10 pavement repair.

         ARTICLE 3-ENGINEER

         1. The Owner has retained RS&H ({/Engineer"} to act as Owner's representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.

         2. The part of the Project that pertains to the Work has been designed by [insert "Engineer11 if an entity has been identified as such in Paragraph 3.01, and that same entity prepared the design; or indicate by name the entity other than Engineer that prepared the design].

         
         

         ARTICLE 4-CONTRACT TIMES

         1. Time is of the Essence

            1. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

         4.03 Contract Times: Days

         A. The Work will be substantially complete within 180 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the 30th day from the date of delivery of the final Punch List from the Owner to the Contractor.

         
         

         Modified EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).

         Copyright•© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

         1. Liquidated Damages

            1. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

               1. Substantial Completion: Contractor shall pay Owner One Thousand Dollars ($1,000.00) for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.

               2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner One Thousand Dollars $1,000.00 for each day that expires after such time until the Work is completed and ready for final payment.

               3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive, and will not be imposed concurrently.

            2. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner's sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement.

            3. The Owner may deduct liquidated damages as described in this section from any unpaid amounts due to Contractor under this Contract.

            4. Any liquidated damages not deducted or set-off from any unpaid amounts due to Contractor shall be payable to the Owner, at the demand of the Owner, together with interest from the date of the demand and at the maximum allowed interest rate.

            
            

         2. Special Damages

            1. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times, (2) for any loss of State funding by the Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times, and (3) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete.

            2. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for

               
               

               Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment.

            3. The special damages imposed in this paragraph are supplemental to any liquidated damages for delayed completion established in this Agreement and may be deducted or set off from any unpaid amounts due to Contractor.

         
         

         ARTICLE 5-CONTRACT PRICE

         
         

         1. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract:

            1. For all Work other than Unit Price Work, a lump sum of $[number].

               All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions.

            2. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item).

               
               

               Unit Price Work

               Item Description Unit Estimated Unit Extended No. Quantity Price Price

               \. II J.. 3- 'f $ Total of all Extended Prices for Unit Price Work (subject to final s /CJtli 7f5 adjustment based on actual quantities)

               
               

               The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

            3. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment)

               $[number].

            4. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit.

ARTICLE 6-PAYMENT PROCEDURES

1. Submittal and Processing of Payments

   1. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

      
      

2. Progress Payments; Retainage

   1. Owner shall make progress payments on the basis of Contractor's Applications for Payment on or about the [ordinal number, such as 5th] day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. All retainage shall comply with section 255.078, Florida Statutes. All payments shall comply with sections 218.735, Fla. Stat. ("Florida's Local Government Prompt Payment Act").

      1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract.

         1. 95 percent of the value of the Work completed (with the balance being retainage).

            1. If 50 percent or more of the Work has been completed, as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there may be no additional retainage; and

         2. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

   2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 150 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

   3. Within 5 calendar days following Substantial Completion, the Contractor shall supply a list of items and the estimated costs to complete each item on the list required to render complete, satisfactory, and acceptable final completion to the Owner in accordance with section 255.077, Florida Statutes. Within 30 calendar days following substantial completion Owner must review and revise the list as necessary to reach final completion and provide final Punch List to Contractor. If Owner and Contractor disagree on whether an item belongs on the Punch List, the Owner has the final say on whether the item is included or not. The Owner's review may be extended by 15 calendar days, upon the Owner's discretion, if the Contract Price is equal to or more than ten million dollars. Within 20 business days after the Owner and Contractor finalize the list and after receipt of a proper invoice or payment request, the Owner must pay Contractor the remaining balance of the Contract Price, including any remaining retainage withheld by Owner pursuant to section 255.078, Florida Statutes, less an amount equal to 150 percent of the estimated costs to complete the items on the list. Upon completion of all items on the list, the Contractor may submit a payment request for all remaining retainage withheld by the Owner. However, if a good faith dispute exists as to whether one or more items identified on the list have been completed pursuant to the

      
      

      Agreement, upon Owner's written notice thereof to the Contractor, Owner may continue to withhold an amount not to exceed 150 percent of the estimated total costs to complete such items. Warranty items may not affect the final payment retainage as provided herein. The Owner is not required to pay or process any payment request for retainage if the Contractor has failed to cooperate with the Owner in the development of the list or failed to perform its contractual responsibilities with regard to the development of a list or if s. 255.078(3}, Florida Statutes, applies. The failure to include any corrective work or pending items not yet completed on the Punch List does not alter the responsibility of Contractor to complete all the construction services purchased pursuant to the Contract Documents.

3. Final Payment

   1. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions. Contractor's acceptance of final payment from Owner shall constitute a full waiver and release.

4. Consent of Surety

   1. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release.

ARTICLE 7-CONTRACT DOCUMENTS

1. Contents

   1. In interpreting this Agreement and resolving any ambiguities or conflicts between this Agreement the remainder of the Contract Documents, this Agreement shall take precedence over all other terms, followed by the General Conditions. The Contract Documents consist of all of the following:

      1. This Agreement.

      2. Bonds:

         1. Performance bond (together with power of attorney).

         2. Payment bond (together with power of attorney).

      3. Standard General Conditions with accepted changes.

      4. Specifications as listed in the table of contents of the project manual (copy of list attached).

         
         

      5. Drawings listed on the attached sheet index.

      6. Addenda (numbers 1 - 4, inclusive).

         1. Exhibits to this Agreement (enumerated as follows):

            1. Bid Cover Sheet

            2. Instructions to Bidders (pages 1 to 16, inclusive)

            3. Invitation to Bid No. ITB-20260123-1/RH (pages 1 to 2, inclusive)

               
               

               Modified EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price}.

            4. Bidder's Qualifications Statement (pages 1 to 20, inclusive)

            5. Contractors Bid Form (pages 1 to 6, inclusive)

            6. Subcontractor list (pages 1 to 2 inclusive)

            7. State of Florida Department of Transportation (FOOT) Public Transportation Grant Agreement {PTGA) Contract Number H1231 for its applicable conditions and restrictions

         2. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

            1. Notice to Proceed (Pages 1 to 2, inclusive)

            2. Work Change Directives (Pages 1 to 2, inclusive)

            3. Change Order(s) (Pages 1 to 2 inclusive)

            4. Substantial Completeness Certificate

            5. Punch List Form

            6. Contractor's Affidavit

            7. Notice of Acceptability

            8. Warranty Bond, if any

            9. Permit Modifications and/or Amendments

         3. All applicable provisions of state and federal law, which are incorporated by reference and included as if attached to this Contract, and any Modification, including all Change Orders, duly delivered after execution of Contract.

   2. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above).

   3. There are no Contract Documents other than those listed above in this Article 7.

   4. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract.

   5. The Contract represents the entire and integrated agreement between the Contractor and Owner and supersedes prior negotiations, representations or agreements, either written or oral.

ARTICLE 8-REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS

1. ContractorJs Representations

   1. In order to induce Owner to enter into this Contract, Contractor makes the following representations:

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

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

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

      4. Contractor has carefully studied all: {a) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the General Conditions, especially with respect to the Technical Data in such reports and drawings, and {b) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the General Conditions, especially with respect to Technical Data in such reports and drawings.

      5. Contractor has considered that it has carefully examined, satisfied itself as to the conditions and limitations under which the Work is to be performed, including without limitation {a) the location, layout, and nature of the Site and surrounding areas, {b) generally occurring climate and weather conditions, and {c) anticipated labor, supply and costs; and {d) availability of materials, tools, and equipment and other similar issues.

      6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the General Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on {a) the cost, progress, and performance of the Work; {b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and {c) Contractor's safety precautions and programs.

      7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees 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 the other terms and conditions of the Contract.

      8. Contractor 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 Contract Documents.

      9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

      10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

      11. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

      12. Contractor accepts assignment of responsibilities for Owner direct procurement items as described in the Tax Savings Provision in Section 22.01 of the Instructions to Bidders.

2. Contractor's Certifications

   1. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02:

      1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

      2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner,

         (b) to establish Bid or Contract 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 purpose 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 execution of the Contract.

3. Standard General Conditions

   1. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout),.

ARTICLE 9-PROJECT FUNDING

1. The Project is funded in part from the proceeds of a grant(s) from the Florida Department of Transportation. This grant funding is conditioned in part on the Contractor meeting the following requirements:

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

   2. Contractor understands that the grant funding is dependent on completion of Work within the Contract Times and the Milestones and the Contractor agrees to complete the Work within the Contract Times and Milestones. Should the Contractor fail to complete the Work within the Contact Times and Milestones, the Contractor agrees the provisions of Article 4 above shall apply.

      
      

   3. No member, officer or employee of Contractor during this Contract or 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. Moreover, this provision must be inserted in any subcontracts for the Work.

   4. Contractor shall not employ unauthorized aliens in violation of section 274(e) of the Immigration and Naturalization Act. If Contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Contract.

   5. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contract and person employed or utilized by the Contractor in the performance of this Agreement. This indemnification provision shall survive termination of this Agreement. Nothing contained in this this paragraphs is intended to nor shall it constitute a waiver of the State of Florida and the Owner's sovereign immunity.

   6. Contractor agrees to include the above provision (E.) in its subcontracts for those who perform Work in connection with this Contract.

   7. The State of Florida requires that iron or steel products permanently incorporated in certain public works projects be produced in the United States. See§ 255.0993, Fla. Stat. (2024). By executing this Agreement, Contractor certifies it has carefully reviewed the technical specifications to determine whether and how this requirement applies to this project and prepare its bid accordingly. Contractor's failure to account for this statutory requirement will not justify a later change to the Contract Price.

2. In addition to any requirements listed above in section 9.01, Contractor acknowledges its review of FOOT Grant # H1231 and agrees to strictly comply with all of the terms and conditions of FOOT Grant# H1231 .

ARTICLE 10-TERMINATION OR SUSPENSION

1. Termination

   1. The Contract may be terminated by the Owner or Contractor as provided in Article 16 of the General Conditions.

2. Suspension by Owner

   1. The Work may be suspended by the Owner as provided in Article 16 of the General Conditions.

ARTICLE 11-MISCELLANEOUS

1. Terms

   1. Terms used in this Agreement will have the meanings stated in the General Conditions.

2. Assignment of Contract

   1. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such

      consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Notwithstanding the foregoing, the Owner may assign this Contract to the State of Florida for any political subdivision, municipality, special district, or authority thereof without Contractor's consent and without recourse.

3. Successors and Assigns

   1. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

   2. This Contract is solely for the benefit of the parties and no right or privilege or cause of action shall by reason hereof accrue upon to, or for the benefit of any third party. Nothing in this Contract is intended or will be construed to confer upon or give any person, corporation, partnership, trust, private entity, or agency any right, remedy, or claim under or by reason of this Contract or any provisions or conditions of this Contract.

4. Severability

   1. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

   2. Neither the validity of this Contract nor the validity of any portion of it may be challenged by any party to this Contract, and each party waives any right to initiate such challenge. Furthermore, if this Contract or any portion is challenged by a third party in a judicial, administrative, or appellate proceeding (each party covenanting with the other party not to initiate, encourage, foster, promote, cooperate with or acquiesce to such challenge), the parties collectively and individually agree, at their individual sole cost and expense, to defend in good faith its validity through a final judicial determination or other resolution, unless all parties mutually agree in writing not to defend such challenge or not to appeal any decisions invalidating this Contract or portion thereof.

5. Other Provisions

   1. E-Verify - Contractor shall comply with all applicable provisions of sections 448.09 and 448.095, Florida Statutes, as may be amended. The definitions in section 448.095(1), Florida Statutes, as may be amended, apply to this section of the Contract. Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all employees of Contractor. Contractor may not enter into a contract with a subcontractor to perform work under this Agreement unless and until the subcontractor registers with and uses the E-Verify system. If Contractor enters into a contract with a subcontractor to perform work under this Agreement, Contractor must obtain a properly executed affidavit from the subcontractor stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain copies of all such affidavits for the duration of this Agreement. Owner may terminate this Agreement for cause if Owner determines that Contractor or Contractor's subcontractor has not complied with any applicable provision of sections 448.09 or 448.095, Florida Statutes, as

      may be amended. Owner will terminate this Agreement for cause if Owner has a good faith belief that Contractor has knowingly violated subsection 448.09(1}, Florida Statutes, as may be amended. If the Owner has a good faith belief that a subcontractor knowingly violated section 448.09(1}, Florida Statutes, as may be amended, but Owner determines that Contractor otherwise complied with section 448.09(1}, Florida Statutes, as may be amended, Owner will notify Contractor as such, and Contractor must immediately terminate Contractor's contract with said subcontractor. If this Agreement is terminated under section 448.095(c}, F.S.: (a} such termination is not a breach of this Agreement and may not be considered as such; (b} Contractor may not be awarded a public contract for at least 1 year after the date on which the Agreement is terminated; and (c} Contractor is liable for any additional costs incurred by the Owner as a result of the termination of the Agreement.

   2. Scrutinized Companies: By executing this Agreement and each and every renewal hereof (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} it is not on the Scrutinized Companies with Activities in Iran Terrorism Sectors List, (d} that it does not have Business operations or is engaged in business in Cuba or Syria, and (e} that it is not engaged or engaging in a Boycott of Israel, and that all such certifications were true at the time it submitted its bid or proposal for this Agreement, as of the Effective Date of this Agreement, and as of the effective date of any renewal of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, the Owner may terminate this Agreement immediately for cause if: (1} Contractor is found to have submitted a false certification regarding (a} - (e} above in accordance with section 287.135(5}, Florida Statutes, (2} Contractor is found to have been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or is or has been engaged in Business operations in Cuba or Syria or a Boycott of Israel, or (3} Contractor is found to have been placed on a list created pursuant to section 215.473, Florida Statutes, relating to scrutinized active business operations in Iran. Such termination shall be in addition to any and all remedies available to the Owner at law or in equity. The terms "Boycott of Israel" and "Business operations" used in this section are defined as in Section 287.135, Florida Statutes. The Lists referred to in this section are those Lists in and maintained pursuant to section 287.135, Florida Statutes.

      
      

      By executing this Agreement and each and every renewal hereof (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 that Boycott Israel List, and (b} it is not engaged in a Boycott of Israel, and that all such certifications were true at the time it submitted its bid or proposal for this Agreement, as of the Effective Date of this Agreement, and as of the effective date of any renewal of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, the Owner may terminate this Agreement immediately if: (1} Contractor is found to have submitted a false certification regarding (a} or (b} above in accordance with section 287.135, Florida Statutes, or (2} Contractor has been placed on the Scrutinized Companies that Boycott Israel List or is or has been engaged in a Boycott of Israel. Such termination shall be in addition to any and all remedies available to the Owner at law or in equity. The term "Boycott of Israel" used in this

      Article is defined as in, and the Scrutinized Companies that Boycott Israel List is the list maintained pursuant to section 287.135, Florida Statutes.

      
      

   3. By executing this Agreement and each and every renewal hereof (if renewal is separately provided for herein), pursuant to section 786.06, Florida Statutes, Contractor certifies, represents, and warrants that it does not use coercion for labor services, as those terms are defined in section 786.06, Florida Statutes. Contractor will provide to the Owner an affidavit signed by an officer or representative of Contractor under penalty of perjury attesting that Contractor does not use coercion for labor or services. Notwithstanding anything contained in this Agreement to the contrary, the Owner may terminate this Agreement immediately if Contractor is found to have submitted a false attestation. Such termination shall be in addition to any and all remedies available to the Owner at law or in equity.

      
      

   4. Contractor agrees that Contractor does not and will not, nor will it allow a subcontractor to, use any funds from the Owner for the purpose of issuing an identification card or document to any individual who does not provide proof of lawful presence in the United States.

      
      

   5. Contractor attests that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into the State of Florida knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from the State of Florida or the United States. Contractor must complete Florida Department of Management Services Form PUR 1808, Common Carrier or Contracted Carrier Attestation Form, incorporated by reference into rule 60A-1.020, F.A.C., and submit the completed form to the Owner. Notwithstanding anything contained in this Agreement to the contrary, the Owner may immediately terminate this Agreement for cause if Contractor fails to make its attestation or is found in violation of its attestation. Such termination shall be in addition to any and all remedies available to the Owner at law or in equity.

   6. The Owner and Contractor agree that this Contract shall be governed by applicable Florida Law. Venue for any legal action in connection with this Contract shall be in the Circuit Court of the Twelfth Judicial Circuit in and for Manatee County. In any claim dispute procedure or litigation arising from this Contract, each party shall be solely responsible for paying its attorney's fees and costs.

   7. Each party to this Contract has had the benefit of representation by counsel and equal input into drafting this Contract such that no provision of this Contract shall be strictly construed against one party as the draft of the Contract.

   8. The headings and captions of articles, sections and paragraphs used in this Agreement are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or be taken into consideration in interpreting this Agreement.

   9. The Contractor recognized the Owner is a public agency subject to the Public Records Act of Florida and agrees to comply with section 18.11 of the General and Supplementary Conditions. The Contractor agrees that, at any time during the Contract, the Contactor will allow and provide the Owner access to all of the documents, papers, letter, or other materials made or received by the Contractor in conjunction with the Contract and Work. Should the

      
      

      Contractor Fail to provide prompt access to these documents in response to the Owner's request, the Owner may unilaterally cancel the Contract.

   10. Contractor has reviewed and agreed to comply with the applicable Port Manatee Tariff prov1s1ons available online at https://www.portmanatee.com/wp-content/uploads/2018/05/Tariff.pdf. Any conflict between a Tariff provision and this Contract, this Contract shall prevail.

   11. This Agreement sets forth the entire agreement between the Parties as to the subject matter hereof and supersedes all previous written or oral negotiations, agreements, bids, and/or understandings. There are no understandings, representations, warranties, or agreements with respect to the subject matter hereof unless set forth explicitly in this Agreement.

   12. The parties represent and warrant that each is authorized to enter into this Agreement without the consent and joinder of any other party and that the individuals executing this Agreement have full power and authority to bind their respective party to the terms hereof.

   13. This Agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together will constitute one and the same instrument. This Agreement may be executed by electronic signature technology and such electronic signature shall act as the parties' legal signatures on this Agreement and shall be treated in all respects as an original handwritten signature.

   14. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout).

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on [indicate date on which Contract becomes effective] (which is the Effective Date of the Contract).

Owner:

     Manatee    County  Port  Authority            

(typed or printed name of organization}

By:                                           

(individual's signature}

Contractor:

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Date:                               

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Name:                               

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Title:          Chairman                      

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Address for giving notices:

  Manatee County Port Authority                300 Tampa Bay Way

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INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms 1

Article 2— Bidding Documents 1

Article 3— Qualifications of Bidders 2

Article 4— Pre-Bid Conference 3

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site 3

Article 6— Bidder’s Representations and Certifications 7

Article 7— Interpretations and Addenda 7

Article 8— Bid Security 7

Article 9— Contract Times 8

Article 10— Substitute and “Or Equal” Items 8

Article 11— Subcontractors, Suppliers, and Others 8

Article 12— Preparation of Bid 9

Article 13— Basis of Bid 10

Article 14— Submittal of Bid 10

Article 15— Modification and Withdrawal of Bid 11

Article 16— Opening of Bids 12

Article 17— Bids to Remain Subject to Acceptance 12

Article 18— Evaluation of Bids and Award of Contract 12

Article 19— Bonds and Insurance 13

Article 20— Signing of Agreement 13

Article 21— Sales and Use Taxes 14

Article 22— Contracts to Be Assigned 14

‌ARTICLE 1—DEFINED TERMS

1. Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

   1. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

‌ARTICLE 2—BIDDING DOCUMENTS

1. Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents) from the DemandStar webpage. See the Draft Agreement for a list of the documents that will be combined to form the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers. Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Some Drawings may be photographic reductions of originals. Original Drawing size will be shown, or amount of reduction is indicated by a scale.

2. Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

3. Owner has established a Bidding Documents Website as indicated in the Invitation to Bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

4. Electronic Documents

   1. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

      1. Bidding Documents will be provided in Portable Document Format (.pdf) files that are readable by Adobe Acrobat Reader and Bluebeam Revu current versions. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

   2. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

   3. After the Contract is awarded, the Owner may provide or possibly direct the Engineer to provide for the use of the Contractor documents that were developed by Engineer as part of the Project design process, as Electronic Documents in native file formats.

      1. Release of such documents will be solely for the convenience of the Contractor. No such document is a Contract Document.

      2. Unless the Contract Documents explicitly identify that such information will be available to the Successful Bidder (Contractor), nothing herein will create an obligation on the part of the Owner or Engineer to provide or create such information, and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid or pricing of the Work. In all cases, the Contractor shall take appropriate measures to verify that any electronic/digital information provided in Electronic Documents is appropriate and adequate for the Contractor’s specific purposes.

      3. In no case will the Contractor be entitled to additional compensation or time for completion due to any differences between the actual Contract Documents and any related document in native file format.

         ‌ARTICLE 3—QUALIFICATIONS OF BIDDERS

         1. Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

            1. Bidder Qualification Statement

            2. Subcontractor and Supplier list with qualification information.

            3. Other required information regarding qualifications.

         2. A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

         3. No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

         4. A person or affiliate who has been placed on the convicted vender list, following a conviction for a public entity crime, may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with 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 a period of 36 months from the date of being placed on the convicted offender list.

         5. In accordance with Section 287.135, Florida Statutes, a person or affiliate who has been placed on the Scrutinized Companies that Boycott Israel or is engaged in a boycott of Israel or is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Cuba or Syria is prohibited from bidding on this Contract.

         6. With its Bid submission Bidder shall disclose 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, director, stockholder, partner or owner of Bidder or of any such related or affiliated 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.

         7. At its sole discretion the Owner may reject any Bidder the Owner finds to lack, or whose present or former executive employees, officers, directors, stockholders, partners or owners are found by the Owner to lack honesty, integrity, or moral responsibility. The discretion of the Owner may be exercised based on the disclosure required herein. By submitting a Bid, Bidder recognizes and accepts that the Owner may reject the Bid based upon the exercise of its sole discretion and Bidder waives any claim it might have for damages or other relief resulting from the rejection of its Bid based on these grounds.

‌ARTICLE 4—PRE-BID CONFERENCE

1. If a non-mandatory pre-bid conference is called for in the Bid Documents, it will be held at the time and location indicated on the Bid Cover Sheet and in the Invitation to Bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

2. Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

3. An escort will be available for access to the project site within the Port’s secure zone during the pre-bid conference. The Port does not intend to provide such service at any other time. See Article 28 for security and access requirements.

‌ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

1. Existing Site Conditions

   1. Subsurface and Physical Conditions; Hazardous Environmental Conditions

      1. The General Conditions identify the following regarding existing conditions at or adjacent to the Site:

         1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

         2. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

      2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

      3. If the General Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

      4. Geotechnical Baseline Report/Geotechnical Data Report: The Bidding Documents contain a Geotechnical Baseline Report (GBR) and Geotechnical Data Report (GDR).

         1. As set forth in the General Conditions, the GBR describes certain select subsurface conditions that are anticipated to be encountered by Contractor during construction in specified locations (“Baseline Conditions”). The GBR is a Contract Document.

         2. The Baseline Conditions in the GBR are intended to reduce uncertainty and the degree of contingency in submitted Bids. However, Bidders cannot rely solely on the Baseline Conditions. Bids should be based on a comprehensive approach that includes an independent review and analysis of the GBR, all other Contract Documents, Technical Data, other available information, and observable surface conditions. Not all potential subsurface conditions are baselined.

         3. Nothing in the GBR is intended to relieve Bidders of the responsibility to make their own determinations regarding construction costs, bidding strategies, and Bid prices, nor of the responsibility to select and be responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs incident thereto.

         4. As set forth in the General Conditions, the GDR is a Contract Document containing data prepared by or for the Owner in support of the GBR.

   2. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

   3. Hazardous Environmental Condition:

      1. The General Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents.

      2. Copies of reports and drawings referenced will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely upon has been identified and established in Paragraph 5.06 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. Costs associated with making available copies of reports and drawings shall be borne by Bidder.

   4. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

2. Other Site-related Documents

   1. In addition to the documents regarding existing Site conditions referred to in Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the Site are known to Owner and made available to Bidders for reference:

      1. Subsurface Soil Exploration and Geotechnical Engineering Evaluation Repair of Berths 4 and 10, Ardaman and Associates, Inc. dated September 23, 2025.

      2. Supplemental Subsurface Exploration information, Berth 4, Ardaman and Associates, Inc. dated October 20, 2025

      3. Topographic Survey of Port Manatee Berths 4 and 10, McKim & Creed, Inc., dated July 28, 2025

         Owner will make copies of these other Site-related documents available to any Bidder on request.

   2. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretation or conclusion Bidder draws from the other Site-related documents.

   3. The other Site-related documents are not part of the Contract Documents.

   4. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review and take responsibility for documentary Site information is limited to information in (1) the Contract Documents and (2) the Technical Data.

   5. No other Site-related documents are available.

3. Site Visit and Testing by Bidders

   1. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. Bidder must sign the mandatory Site visit sign-in sheet upon completion of the Site visit. During the visit the Bidder must not disturb any ongoing operations at the Site.

   2. If a site visit is scheduled following a pre-bid conference, maps to the Site will be available at the pre-Bid conference.

   3. Bidders visiting the Site are required to arrange their own transportation to the Site.

   4. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following Owner or Engineer contact for visiting the Site: Robert Howard rhoward@seaportmanatee.com. Bidder must conduct the required Site visit during normal working hours prior to the deadline outlined in the Bid Cover Sheet. Bidder must sign the mandatory Site visit sign-in sheet upon completion of the Site visit.

   5. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

   6. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. All additional examinations, investigation, exploration, tests, and studies will be at no cost to the Owner. Bidder must comply with SeaPort Manatee security access requirement pursuant to Article 28. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

   7. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

   8. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4. Owner’s Safety Program

   1. Site visits and work at the Site may be governed by an Owner safety program, if identified in the General Conditions.

5. Other Work at the Site

   1. Reference is made to Article 8 of the General Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

‌ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

1. Express Representations and Certifications in Bid Form, Agreement

   1. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

   2. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

‌ARTICLE 7—INTERPRETATIONS AND ADDENDA

1. Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

2. Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are outlined in the Invitation to Bid document.

3. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received after the deadline for submitting written questions indicated on the Bid Cover Sheet and in the Invitation to Bid, may not be answered.

4. Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

‌ARTICLE 8—BID SECURITY

1. A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents. Alternatively, a certified check or cashier’s check may accompany the Bid made payable to the Owner in the amount of five percent (5%) of the maximum Bid price, in accordance with section 255.051, Florida Statutes.

2. The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s

   damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

3. The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

4. Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

‌ARTICLE 9—CONTRACT TIMES

1. The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

2. Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

‌ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

1. The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer prior to the deadline for submitting written questions stated in the Invitation to Bid. Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General Conditions, and the review of the request will be governed by the principles in those paragraphs. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all registered Bidders. Bidders cannot rely upon approvals made in any other manner.

2. All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

‌ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

1. Bidder shall provide a list of all Subcontractors, Suppliers, or other individuals or entities that will be used to perform any or all parts of the Work. Such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualifications, such as licensing and certification as required by Laws and Regulations, for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case

   apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

2. If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

‌ARTICLE 12—PREPARATION OF BID

1. The Bid Form is included with the Bidding Documents.

   1. With each copy of the Bidding Documents, a Bidder will be furnished a PDF copy of the Bid Form, and if applicable the Bid Bond Form. No substitution of the Bid Form will be allowed.

   2. All blanks on the Bid Form must be completed. Alterations must be initialed by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. PDF copies of the bid form shall be provided with the bid submittal.

2. The Bid Form must be identical or as closely identical in appearance to the version of the Bid Form provided as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original version of the Bid Form, providing that all required information and submittals are included with the Bid.

3. A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary. The corporate address and state of incorporation must be shown below the signature.

4. A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown below the signature.

5. A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.

6. A Bid by an individual must show the Bidder’s name and official address below the signature.

7. A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown below the signature.

8. All names must be typed or printed in ink below the signatures.

9. The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Cover Sheet and Bid Form.

1. Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

2. The Bid must contain evidence of Bidder’s authority and qualification to do business in the State of Florida, or Bidder must certify in writing that it will obtain such authority and qualification prior to Award of the Contract and attach such certification to the Bid.

3. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

4. Bids which are incomplete, conditional or which contain additions not called for, alterations, or irregularities of any kind may be rejected.

5. The State of Florida requires that iron or steel products permanently incorporated in certain public works projects be produced in the United States. See § 255.0993, Fla. Stat. (2024). Contractor must carefully review the technical specifications to determine whether and how this requirement applies to this project and prepare its bid accordingly. Contractor’s failure to account for this requirement in its bid will not justify a later change to the Contract Price.

‌ARTICLE 13—BASIS OF BID

1. Base Bid with Alternates For Berth 4 (everything except Rip Rap) and for Berth 10

   1. Bidders must submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

   2. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form.

2. Unit Price For Berth 4 Rip Rap

   1. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

   2. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

   3. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

‌ARTICLE 14—SUBMITTAL OF BID

1. The Bidding Documents include the Bid Form, and, if required, the Bid Bond Form. The Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the Bid Form.

2. Bids received after the date and time prescribed for the opening of bids, or not submitted in the designated manner, will not be accepted.

3. More than one Bid received for the same work from an individual, firm, partnership, corporation, or joint venture under the same name or different names will not be considered. Reasonable grounds for believing that any Bidder is interest in more than one Bid for the same work will cause the rejection of all Bids in which the Bidder is interested. If there are reasonable grounds for believing collusion exists among Bidders, the Bids of participants will not be considered.

4. Lobbying shall be prohibited in all Manatee County Port Authority competitive selection processes and Contract Awards including but not limited to, requests for proposals, requests for quotations, request for qualifications, Bids, or the award of 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 Port’s main office to address situations such as clarifications relating to the procurement process or Bid protest. This lobbying prohibition extends to evaluation committee members, Manatee County Port Authority employees and Manatee County Port Authority members and begins from the date of advertisement or a date otherwise established by the Manatee County Port Authority until the award is final, any bid protest is resolved, or the competitive selection process is otherwise concluded. Any lobbying activities in violation of this Section may lead to disqualification of the Bidder. Lobbying shall mean influencing or attempting to influence the action or non-action or attempting to gain good will of the individuals identified herein, relating the selection or award of the contract in connection with the competitive selection process.

5. All Bidding Documents and submissions by Bidders may be considered a public record under Florida’s public records laws, Chapter 119, Florida Statutes. Accordingly, the Bidder understands and acknowledges that Bidder’s bidding documents may be inspected or copied by the public in accordance with applicable Florida law.

‌ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

1. A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. Withdrawal of a Bid will not prejudice the rights of a Bidder to submit a new Bid prior to the Bid submission deadline date and time. After expiration of the period for receiving Bids, no Bid may be modified or withdrawn.

2. If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

3. Within 24 hours after Bids are opened, a Bidder may file a written notice, duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted, and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdrawal its Bid and the Bid security will be returned. Thereafter, the

Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

‌ARTICLE 16—OPENING OF BIDS

1. Bids will be opened at the time and place indicated on the Bid Cover Sheet and in the Invitation to Bid and read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

‌ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

1. All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

‌ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

1. Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

2. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

3. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

4. If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid whose Bid is in the best interests of the Project.

5. Evaluation of Bids

   1. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

      
      

   2. In the comparison of Bids, all, some, or none, of the Bid Alternatives, if applicable, subject to the Owner’s choosing, will be accepted and applied in the same order of priority as listed in the Bid Form. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its accepted additive alternative Bids for which Owner determines funds will be available at the time of award.

   3. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item accepted, subject to the Owner’s choosing, and unit price Bid for that item, together with any accepted lump sum items.

6. Whenever two responsible Bidders are found to have both submitted the lowest responsive Bid, the Owner shall give preference to the Bidder that certifies it has implemented a drug-free workplace program in determining which of the two responsible Bidders shall be awarded the Contract.

7. Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

8. In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. The Owner will also consider whether the Bidder is of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Owner, at its sole discretion, may select the Bidder that it believes is appropriately qualified, responsible, and responsive.

9. Owner reserves its right to reject any or all Bids, including without limitation nonconforming, nonresponsive, unbalanced or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds after reasonable inquiry and evaluation to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder including, but not limited to, Bid being unresponsive, the Bidder being unqualified, doubtful financial ability of the Bidder, or the Bidders failing to meet any other pertinent standard or criteria established by the Owner. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

18.10 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

‌ARTICLE 19—BONDS AND INSURANCE

1. Article 6 of the General Conditions sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

2. Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

‌ARTICLE 20—SIGNING OF AGREEMENT

1. When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 15 - 45 days thereafter, depending on the date of the next available Manatee County Port Authority meeting, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in

Paragraph 2.02 of the General Conditions. NO CONTRACT SHALL BE FORMED BETWEEN THE BIDDER AND THE OWNER UNTIL THEY BOTH HAVE SIGNED THE CONTRACT.

ARTICLE 21—BID PROTEST

1. Any and all protest shall be handled in accordance with the Manatee County Port Authority Policies, Chapter 7, Purchasing, Section 22, Bid Protests.

ARTICLE 22—TAX SAVING PROGRAM

1. 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 Owner. After a Notice of Contract Award has been issued, certain items, which have been included in this bid, may be purchased directly by the Owner in order to benefit from this tax savings program as provided in the General Conditions.

ARTICLE 23—“NOT USED”

ARTICLE 24—FUNDING CONDITIONS

1. Owner may pay some portion of the Contract Price to the Contractor from the proceeds of a grant, loan, or revenue bonds that impose certain conditions, limitations, procedures, and restrictions. Provisions relating to this matter are set forth in the paragraph 7.07 and 7.20 of the General Conditions and Article 9 of the Agreement.

ARTICLE 25—RETAINAGE

1. Provisions concerning retainage and Contractor’s rights to deposit securities in lieu of retainage, if applicable, are set forth in the Agreement.

ARTICLE 26—FLORIDA TRENCH SAFETY ACT AND FLORIDA PRODUCTS AND LABOR

1. Bidders shall be solely responsible for complying with the Florida Trench Safety Act and Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 as amended. All costs associated with complying with these requirements shall be included in the Bid and shall be detailed in the Certificate of Compliance with the Florida Trench Safety Act (section 00 43 27).

2. The Bidder’s attention is called to section 255.04, Florida Statutes, which requires that on public building contracts, Florida products and labor shall be used wherever price and quality are equal and section 255.20(3), Florida Statutes, which requires lumber, timber, and other forest products produced and manufactures in this state to be used for construction of public structures where their price, fitness, and quality are equal.

ARTICLE 27—LICENSES AND PERMITS

1. Compliance with Occupational Safety and Health Act (OSHA). In instance where such is applicable due to the nature of the bid matter with which these Bid Documents are commenced, all

materials, equipment, etc. as proposed and offered by Bidders must meet and conform to all OSHA requirements as set forth in subsection E of OSHA Standards for Construction (29 CFR 1926). The Bidder’s signature upon the Bid Form shall be by reference considered a certification of such fact.

ARTICLE 28—SEAPORT MANATEE ACCESS REQUIREMENTS

1. SeaPort Manatee is regulated under the provision of the Maritime Transportation Security Act of 2002 (MTSA). Individuals accessing the port must comply with the provision of the applicable regulations and the associated elements of SeaPort Manatee’s approved Facility Security Plan. These provisions include:

   1. Obtaining a federal Transportation Workers Identification Credential (TWIC) - Requires submission to federal security screening. Information on the TWIC enrollment process is available at www.tsa.gov/twic.

2. Enroll TWIC into SeaPort Manatee Access Control System. Enrollment into the Access Control System requires the applicant demonstrate verifiable port business. A $20.00 Enrollment fee is required. Additional information is available by contacting SeaPort Manatee Security at 941-722-6455

3. Visitors/Temporary Access: Provisions exist to allow temporary access within the port’s facilities. These provisions include:

   1. Individuals not possessing a valid TWIC may be granted access under the following conditions:

      1. Individuals must apply for access at the SeaPort Manatee Access Control Center prior to entry. Passes will be issued to allow escorted access into the facility. Processing and Escort Fee’s may be required.

      2. Individuals are required to be escorted at all times while on the port. Failure to maintain proper escort is a violation of Federal regulations.

   2. Access Credential Fees:

      1. A processing fee of $124.00 is assessed by the Department of Homeland Security for each individual TWIC credential and is valid for five (5) years from the date of issuance.

      2. A worker with a valid Hazmat Endorsement Threat Assessment Program endorsement may be eligible for a reduced processing fee of $105.25.

      3. The processing fee is subject to change pursuant to SeaPort Manatee Tariff provisions.

      4. A processing fee of $20.00 is assessed in accordance with the SeaPort Manatee Tariff for enrollment of a TWIC into the Access Control System

      5. A processing fee of $5.00 is assessed for the issuance of temporary access credentials and a $55.00 escort fee is required for individuals requiring a Port Security to conduct a TWIC escort. Provisions to allow the escorting of individuals by other than port security can be arranged by qualified companies on a case by case basis.

      6. It’s the bidder’s sole responsibility to incorporate any and all access fees into the bid.

INVITATION TO BID

FOR

HURRICANE MILTON REPAIRS

FOR

MANATEE COUNTY PORT AUTHORITY MANATEE COUNTY, FLORIDA

Sealed Bids will be received by the Manatee County Port Authority (the “Owner”), SeaPort Manatee, 300 Tampa Bay Way, Palmetto, Florida 34221-6608, by way of e-bidding only through the secure DemandStar.com website (under Agency Name: Manatee County Port Authority), no later than 2:00 p.m., local time, on April 28, 2026. Immediately thereafter, at the Large Conference Room, located at 300 Tampa Bay Way, Palmetto, Florida 34221-6608, the bids received will be publicly opened and read aloud during a virtual meeting. People wishing to listen to the reading of the bids, can do so at the following location:

ENTER TEAMS MEETING INFO

Any Bids received after the specified date and time will not be considered.

The bid submittals will become available to the Owner at the time of the deadline. The bid tabulation will be published on DemandStar shortly thereafter. Pursuant to Fla. Stat. § 119.071(a), all bids submitted will be subject to review as public records thirty (30) days after bid opening, or earlier if an intended decision is reached before the thirty (30) day period expires, unless all bids are rejected and notice of intent to reissue is provided. Unless a specific exemption exists, all documents submitted will be released pursuant to a valid public records request.

PROJECT DESCRIPTION

The Work consists of repairing rip rap at Berth 4 and pavement at Berth 10 to include, but not limited to, clearing and grubbing, excavation, fencing, and performance turf sod, concrete steps, and concrete sidewalk. …

The deadline for final completion of construction for the Work is _180_days.

BID DOCUMENTS:

All work performed shall be in accordance with the Bidding Documents pertaining thereto. Information and Bidding Documents for the Project can be found at the following designated website:

DemandStar.com

Agency name: Manatee County Port Authority

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

Notification and summary information only will be published at the following website: https://www.seaportmanatee.com/business/procurement/

PRE-BID CONFERENCE:

A non-mandatory Pre-Bid Conference for the Project will be held on April 8, 2026, at the SeaPort Manatee Access Control Center, 1705 Piney Point Road, Palmetto, FL 34221 at 10:00 a.m. local time. Immediately following the pre-bid conference will be a site visit to the Project sites. Prospective bidders may be asked to sign in at the Pre-Bid Conference and site visit. Attendees must have a valid photo ID for port access. Please allow ample time for security clearance prior to the meeting. For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents. You can join online at:

OWNER: Manatee County Port Authority

END OF SECTION

BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid have the meanings stated in the General Conditions, which are included as part of the Bid Documents.

ARTICLE 1-OWNER AND BIDDER

1. This Bid is submitted to:

   Owner: Manatee County Port Authority

   300 Tampa Bay Way Palmetto, Florida 34221 HURRICANE MILTON REPAIRS

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 perform 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 THIS BID

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

   1. Signed Bid Cover Sheet;

   2. This Bid Form;

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

   4. List of Proposed Subcontractors;

   5. List of Proposed Suppliers;

   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;

   9. The following exhibits are submitted with this Bid as an understanding of Contract Documents that will be issued:

      1. Agreement

      2. Standard General Conditions with tracked changes

      3. Bonds:

         1. Performance bond (together with power of attorney)

         2. Payment bond (together with power of attorney)

      4. Anti Human Trafficking Affidavit

ARTICLE 3-BASIS OF BID-LUMP SUM BID AND UNIT PRICES

1. Lump Sum Bids

   1. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum (stipulated) price(s), together with any Unit Prices indicated in Paragraph 3.02:

      
      

      1. Lump Sum Price {Base Bid and Alternates)

         
         

         Lump Sum Bid Price for Base Bid	$
         Alternate A [Add] ] Berth 4 RipRap	$,

2. Unit Price Bids

   Quantity

   683

   I_.111.111>

   170

   915

   I $ ,ao, '°

   i'lt

                        geotextile              

   4 I Berth 4 Bid Alt Bedding Stone I TN I 139

   
   

        Total  of  All Unit  Price  Bid Items        

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

      
      

      Item No.	Description	Unit	Estimated I Bid Unit Price I Bid Amount
      1	Berth 4 RipRap including geotextile	TN
      2 I Berth 4 Bedding Stone		TN
      3 I Berth 4 Bid Alt RipRap including		TN

      
      

   2. 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. Total Bid Price (Lump Sum and Unit Prices)

   [ Total Bid Price (Total of all Lump Sum and Unit Price Bids)            I $ t,<iZ 063, 7s- I

   
   

   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 number 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. Bid Acceptance Period

      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. Instructions to Bidders

      1. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. Bidder shall sign and submit the contract bond and other documents required by the Bid Documents V{ithin 15 calendar days after the date of the Owner's Notice of Award.

   3. Additive Alternate Bid(s)

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

   4. Receipt of Addenda

      1. Bidder hereby acknowledges receipt of the following Addenda:

   
   

   		Addendum Date

   Bidder shall insert Addendum Number and Addendum Date in the table above. Should additional space be needed, attach to end of Bid Form.

   
   

   ARTICLE 8-BIDDER'S REPRESENTATIONS AND CERTIFICATIONS

   
   

   1. Bidder's Representations

      1. In submitting this Bid, Bidder represents the following:

         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 has obtained and carefully studied all reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified

            
            

            in the General Conditions, especially with respect to Technical Data in such reports and drawings.

         5. Bidder has considered the information known to Bidder itself; information 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 General Conditions or by definition, 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.

         6. 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 the other terms and conditions of the Contract.

         7. 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.

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

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

         10. 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 furnishing the Work required by the Bidding Documents.

   2. Bidder's Certifications

      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 directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

         3. Bidder has 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 8.02.A:

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

            2. {{fraudulent practice" means an intentional misrepresentation of facts made (a) to influence 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 purpose 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 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, the Bidder shall comply with the Florida Trench Safety Act, Florida Statutes 33-553.60 through 33-553.64, and applicable trench safety standards shall be complied with.

      4. Bidder is not currently and has not been on the convicted vendor list within the last 36 months.

      5. Bidder is not on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel, 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.

      8. Bidder certifies, represents, and warrants that it is not affiliated with a foreign country of concern, as such countries are identified in section 287.138{1), Florida Statutes. Bidder certifies, represents, and warrants that: {a) Bidder is not owned by a foreign country of concern; {b) the government of a foreign country of concern does not have a controlling interest in Bidder; and {c) Bidder is not organized under the laws of or has its principal place of business in a foreign country of concern.

   3. Bidders Particulars

   Bidder's Business Address for giving Notice: 'j'l2() l,(lfh5\- W1f»\t.U):::\1wks?�R.?;J,1(/

   Phone No.: OJtJ}5'-/1·00�� FAX No.:                     _ Email: j"h/��n86Pl\Qn!ft2 -�  

   Name(s) of Contractor�        C.�(lL.

   
   

   Job Site Field Representative{s): -i-(1--14...,bE.C,!.:....M>-=-U�\ ...::.�-�..::....3E::!e...=-=-----------    

   
   

   
   

   .

   BID SUBMITTED on Apnl J.t .�  

   Florida Contractor's License No.: CJ;c.J53-1,56'- f t}l(J�

   '

   Contractor's License Class (where applicable):                                 _

   
   

   This Bid is submitted on li day of Ae1iI , J;u. ,by: If Bidder is an individual:

   Name (Typed or printed)                                                                     By (signature)                                                                                 Doing Business As:                                                     

   IfBidder is a partnership:

   Partnership Name                                                                     {SEAL)

   
   

   By (signature)                                                         

   {Signature of general partner - attach evidence of authority to sign)

   Corporation Name: �§ f�:\i()(\    

   {SEAL)

   Name (Typed or printed):_�-���......,...,�--� -

   lfBidder is a corporation:

   c��

   State of Incorporation:                .                        :;..                                            

   ::pe( General Business,Pr�/Stic�Liability):

   iIUI ,

   
   

   {Signature - attach evidence of authority to sign)

   Name (typed or printed): i:?>"1M C  �y�   

   c:?!......-1-7c- ., v ,..

   .........

   ......  

   r

   Title: fatGd/Mt ,. {CORPORATE SEAL)

   Attest:

   
   

   Date of Qualification to do business is:                                       

   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:                                                                 {SEAL)

   By:                                                              

   {Signature of joint venture partner - attach evidence of authority to sign)

   Name (typed or printed):                                                 

   
   

   Title:                                                                                            Name (typed or printed}:                                                                         Title:                                                                                             Name (typed or printed}:                                                                         Title:                                                              

   (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.)

   
   

   Surety's liability under this bond Is limited as It pertains to any express or implied damages provisions (including liquidated) to which Principal Is obligated, by contract and/or statute, to $2,500/day and capped at aggregate damages total of $100,000.

   BID BOND (PENAL SUM FORM)

   Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

   
   

   BIDDER (Name, Address, and Telephone Number):

   BCS Construction Group LLC 8130 66th Street North, Suite 10 Pinellas Park, FL 33781

   SURETY (Name, Address of Principal Place of Business, and Telephone Number):

   The Ohio Casualty Insurance Company 175 Berkeley Street

   Boston, MA 02116

   
   

   OWNER (Name, Address and Telephone Number):

   Manatee County Port Authority

   300 Tampa Bay Way

   Palmetto, FL 34221

   (941) 722-6621

   BID

   Bid Due Date:

   A13-r-il-3�9�6 April 28th, 2026

   Description (HURRICANE MILTON REPAIRS- Include Location):

   HURRICANE MILTON REPAIRS, Manatee County, FL Bid Number: ITB-20260123-1/RH-0-2026/JDG

   BOND

   Bond Number: N/A Date: April 28th, 2026

   Penal sum Five Percent of Attached Bid $ 5%

   (Words) (Figures)

   Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

   BIDDER SURETY

   !�

   BCS Construction Group LLC (Seal) Bidder's Name and Corporate Seal

   
   

   By: �u,C

   The Ohio Casualty Insurance Company Surety's Name and Corporate Seal

   By: � K. IJ-X;

   (Sea,l}·-1 ·,-

   
   

   . l

   ·,1,s

   
   

   -

   
   

   ·..,.

   
   

   ._,

   ;f .

   Signature (Attach Power of Attofoey) • '

   "-Br.,� C. �Ui-JrA--                 Sarah K. O'Linn*              

   Print Name

   fttaa'cl�-1

   
   

   Attest:�            

   �      Sig      ture          

   Title�rA"4././t- /J)7A.IS5

   /

   Print Name

   
   

   Attorney-in-Fact & FL Lie. Resident Agent

   Title *Inquiries: 407-786-7770 Attest: �          tJd

   Signature

   
   

   Title: Olivia Golecki, Witness

   
   

   I of3

   
   

   IM_PORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state of Florida.

   1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond will be Owner's sole and exclusive remedy upon default of Bidder.

      
      

   2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

      
      

   3. This obligation will be null and void if:

      
      

      1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

      2. All Bids are rejected by Owner, or

      3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents {or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

         
         

   4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

   5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety's written consent.

   6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

   7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

   8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service Registered or Certified Mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned.

   9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

   10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect.

   11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable.

   
   

   END OF SECTION

   Libe�

   � Mutuai.

   SURETY

   POWER OF ATTORNEY

   Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company

   
   

   KNOWN All PERSONS BY THESE PRESENTS: Thal The Ohio Casually Insurance Company is a caporalion duly mganized under the laws or the Stale of New Ha�.that Liberty Mutual Insurance Company Is a corporalion duly organized under the laws of the state of Massachusetts, and West American tnsurance Co"'4)8l1Y ls a corporation duly organized under the laws of!he State of Indiana {herein co!lediYely called the "Companies1. J)IIISll8lll to and by authority hemln set 1'or111, does heraby name. constitute and appoint Sarah K. O'Llnn all of Iha city ol Maitland state ol...EL ils IJUe and lawful attomey-m-facl with full power and aUloority henlby conlened to sign,

   execute and acl<nowledge Ille following Slll81y bonds,�.recognaam:es, contracls of indemnity, and allother Slll8ly obligations related the181o, theexecution olMlictl shall be binding upon the Qimpanies as if� had been dulysigned and executed by its own officers:

   Prfnclpal Namo: BCS Construction Group LL�C Obllgco Name: Manatee County Port Authority

   Surety Bond Number: Bid Bond Bond Amount See Boo! Fam

   IN WITNESS WHEREOF, this Power olAttorney has been subllaibed byanauthorized officer or officialor theCOmpanies andlheco,porate sealsollhe Companils havebeen affixed thereto ttti3 28th day of April 2026 .

   
   

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   STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY

   Liberty Mutual lnsuranc8 Company The Ohio�ty Insurance compmy West American fllSWllll(8 Co1Jl)811Y

   By:�JtJL-

   Natllan J.lanjJelfe, Assistant SeaelaJy

   
   

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   On thiS� day of April , 2026 before mopersonal1'/ appeared Nathan J. Zangerfe_ who IICi<no¥,iedged hirmetf to be the Assistant Sec:rnla!y of Liberty

   0 Q) Mutual Insurance�. The Ohio casuaJty Company, and West American Insurance Company, and that ha.assirll, being authorized so lodo. exearte !he foregang inslruroont

   m�

   -o:::i-for thepurposes therein conlained bysigning on behalf of the COlp0!800ll3 by himself as aduly authorized olfw::er.

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   lN WITNESS WHEREOF, t have hereunto subscribed my name and affixed my notarial sealatPlymouth Meeting, Peruisylwnia, on the day end year first abow written.

   
   

   Comrnonw"3!th of PeMsylvanla • Notaty Seal TUnlSII Psslella, Nota,y Pul>fic MontgometyCo\rlty

   My comm!sslon oxi,11111 Mardi 28, 2029

   Ccmmlssion numl>or 1120044

�-�.l�

By:� ---·--Teresa Paslella, Notary Public

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This Power of Alfomey i:i made and 8X80JIBd pursuant to and by authority oltha� By-laws and Aulhorizalionsof The Ohio Caswlty Insurance�. Libefly Mulual

Insurance CoiJ1)any, and West Armrican Insurance Corrc>any v.t1ich resolutions 818 OOHIn full foroe andelf8CI reading as foaows:

ARTICI.£ IV-OFFICERS: Section 12. Power olAl!Omey.

Any officer or other ol!ieial of the Corporation au1horizad for that purpose in v.rning by lhe Chairman Of the Presidenl end subject lo such filli1alioo as the Cheinnan or !he President may proscribe, shallappoint such attomeys-ln-fac as maybe necessary to actInbehalf of the COrpora!ion tomake,exearte, seal,�and defMl!' as surety 1111)' and ea lllldeflakinQS, bonds, recognizances and ot!ter surety obligatiom. Sud1 ettomeys-in..fact. subjed to the fimitatioos set ror111 in their respective powers of attorney,

shaU have l'ullpower tobind the Corporaoon by their signature andexecution orany sucllinstnmcnlll end to allach thereto lhesealof the Corporation. When so execu!ad. such

il\Slrumerrts shall boas binding as if signed by the President and attested to byIha Saaelary. My power or authority granted to any rapresentetivu or attorney-in-lad under the provioons of lhls article may be revoked at any time by the Board, the Chainnan. the President or by the oflialr or officer.I granting such power or authority.

ARTICLE Xlll- Execution of ContJBcta: section 5. SUrely Bonds and U!tder1aklngs.

Any ofl!mf oflhe Company oolhorized for thatpurpose inwriting by the chainnan or the pl8Sident. andsubjecl to such limitations as!he chairman or the president may prasaibe, shall appoirt such allooleys-in-fad. asmay bell008S58IY lo actinbohall of the Company to make, execute, saal, 8Cknowl8dge and deliver as 5Ul8ly fSifi and all unoorlllkings, bonds, recognizances and o1her surety obligations. SUCh altomeys-in-flld.�eel to the firrilations set fol1hin their respeciive powers of atlomey, shall have full l)O'Mll' to bind lhe Company by their signature and exeartion of any such ins1ruments and to attadl therefo Iha seal ofIha Coll1)al1Y. When so executed suchinslrumenb shall be as bi�

esif signed by !he president and attested by the secretary.

Ceftlflcate or Designation - The President of the Company, acting J)UISU8lll to the Bylaws or the Company, authOrizes Na!han J.�- Assistant Seaeta,y to appoilt such atlomeys-Glfaclas maybenocessary to eelon behalf of the Corrc>any lomalca, el<8Ctl!o, soal, acknowledge end deliver as surety 1111)' and ell�-bonds, recognizanoes end other surely obfgalicm.

Authorization - By Wl8ltimous consent of the Company's Board of Directors, the Company consents that facsimile or medlanically reproduced signature or any 85Sislanl secretary of the Company, wherever� upon a ce!lified copy or any power of attorney Issued by the Company in <Xllllledion with SUl81y bonds, shall be vali:! and binding upon the Company v.ith the same force andertect as lhough manually affixed.

I,Renee C.Uewe!lyn, !heundersigned, AsslslantSacrelaly, of Libefly Mutual Insurance Company, The Ohi:J Casualty lnsoomce Company, and WestAroorican lnsuranoo � do hereby cer1ify that this pa,ver of attomey executed bysaid Companies is in run!oroo andel!ec:t andhasnot boon revoked.

-······-

o •.. •·.._ \:-- ,•·<f

1H TESTIMONY WHEREOF, I have heraunto setmy hand and affixed the seals of said C0mpanils this 28th day of April 2026

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By: �  

�-,,�ee-C.-Uewe!1)71"---A.5sism-ll-t. Secre--lary------

LMIC, OCIC, WAIC • Sun,Peth.012025

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TOTAL$   J._'67J_O    _

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

The undersigned assures that the entity will comply with the applicable Trench Safety Standards and agrees to indemnify and hold harmless the Owner 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.

BY�AZAM��"=�      w;

DATE: Yol.J,plo,t.(q

TITLE:��\cl,(\,r

STATE OF FLORIDA COUNTY OF:11.,ul\A..CS,.

The foregoing instrument was sworn and subscribed before me by means of �physical presence or □ online notarization thisJ:1 day of-#fri\ 202't, bY\t)NN> C. :.,�k<,L . who is personally known to me or has produced 'PL 1)L- as identification.

•

Notary Pl!bllo Stele of Florida Kara L. Antonelli

My Comh'll.. lon HH '82583

Explrts 8/2/2029

Notary Pub

Print Name: �a. �ll;

Mcyommission expires: t,,�I /�. �-

END OF SECTION

1 OF 1

TOTAL$   J._'67J_O    _

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

The undersigned assures that the entity will comply with the applicable Trench Safety Standards and agrees to indemnify and hold harmless the Owner 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.

BY�AZAM��"=�      w;

DATE: Yol.J,plo,t.(q

TITLE:��\cl,(\,r

STATE OF FLORIDA COUNTY OF:11.,ul\A..CS,.

The foregoing instrument was sworn and subscribed before me by means of �physical presence or □ online notarization thisJ:1 day of-#fri\ 202't, bY\t)NN> C. :.,�k<,L . who is personally known to me or has produced 'PL 1)L- as identification.

•

Notary Pl!bllo Stele of Florida Kara L. Antonelli

My Comh'll.. lon HH '82583

Explrts 8/2/2029

Notary Pub

Print Name: �a. �ll;

Mcyommission expires: t,,�I /�. �-

END OF SECTION

1 OF 1

Ron DeSantis, Governor

Melanie S. Griffin, Secretary

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

CONSTRUCTION INDUSTRY LICENSING BOARD

THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE

PROVISIONS OF CHAPTER 489, FLORIDA STATUTES

SEQUEIRA, BRUNO CHRISTOPHER

BCS CONSTRUCTION GROUP LLC 10764 70TH AVE UNIT 3307

SEMINOLE FL 33772

EXPIRATION DATE: AUGUST 31, 2026

Always verify licenses online at MyFloridaLicense.com

ISSUED: 09/10/2024

Do not alter this document in any form.

This is your license. It is unlawful for anyone other than the licensee to use this document.

Ron DeSantis, Governor

Melaffle s.�fffln.Secd�

15r?

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

CONSTRUCTl�i�-}��M_SlRJ·,ll��SING BOARD

THE UNDERGROUND UTl\!l\'��.J�t��§_t����lll,,ISCERTIFIED UNDER THE

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LICENSE",N(iMB"ER�Cll_C122g505 EXPIRATION DATE: AUGUST 31, 2026

Always verify licenses online at MyFloridalicense.com

ISSUED: 09/08/2025

Do not alter this document in any form.

This is your license. It is unlawful for anyone other than the licensee to use this document.

SEAPORT MANATEE HURRICANE MILTON REPAIRS

BIDDER QUALIFICATIONS STATEMENT ITB-20260123-1/RH-0-2026/JDG

DATE: 04/03/2026

Schedule E (optional): Preference to Businesses with Drug-Free Workplace Programs Pursuant to Section 287.087,

Florida Statutes

DRUG-FREE WORK PLACE CERTIFICATE

IDENTICAL TIE BIDS: Pursuant to Section 287.087, Florida Statutes, preference shall be given 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 contractual 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 of the tied bidders have a Drug-Free Work Place Program. In order to have a Drug-Free Work Place Program, a business shall:

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 violations of such prohibition.

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

3} Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

1. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 of the Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the work place no later than five (5) days after such conviction or plea.

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

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

   
   

   �r�

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

   
   

   
   

   Printed Name

   Signature

   
   

   6oxv> C..�,Pl(O.,

   
   

   01144194.1 EJCDC® C-451, Qualifications Statement-Schedule E - Drug-Free Workplace Certificate Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

   Page 1 of 1

   
   

   CGC1534552 I CUC1226505

   
   

   Project List:

   
   

   • 10/2024 - REM Capital - Full Structure Demolition of Multiple sites up to 11,000 SQFT Commercial Building Contact: Robert Ritzenthaler - 813-215-8485 - Contract Amount$ 75,000

   • 11/2024 - Khors Construction - Demolition of Madeira Beach Municipal Building Contact: Kori Khorsadian - 813-728-3689 - $14,000

   • 12/2024 - Khors Construction - Freedom Park- Site work, full replacement 48inch cross over equalization pipe, installation of new head wall with 48in RCP.

     Contact: Kori Khorsadian - 813-728-3689 - $115,000

     
     

   • 2/2025 Largo BP- Removed existing asphalt- rebuilt road at higher elevation - remove and replace gutter curbing- Paving and rebuilt drainage structures.

     Contact: Logan Kearney- logan@kearneyinvestments.com - $ 42,000

     
     

   • 2/2025 Woodies Demolition - Full Structure Demolition of 10,000 Sqft commercial building and retaining wall and regraded land Contact: Glen Stygar 919-214-1443 - Contract Amount $75,000

   • 4/2025 Woodies Wash 34th - Installation of storm tech system, Building pad, waterline, sewer line, Storm drain system Contact - Rick Marchand 407-468-8378 - Contract amount$ 415.460

     
     

   • 6/2025 St Pete Pickleball - Site work, Building pad, retention basin and storm Structures Contact - John Crum 727-767-9512 - Contract amount $171,304

   • 5/2025 Waterline Key Gandy- Shoreline stabilization remove mangroves and existing broken concrete along shore embankment and replace with new seal wall and rip rap for scour protection

     Contact - Pat Hecker 813-806-1977 - Contract Value $56,000

     
     

   • Woodies Apollo Beach - Installation of storm tech system, building pad, waterline, sewer line, Storm drain system Contact - Rick Marchand 407-468-8378 - Contract amount$ 481,101

     
     

   • Woodies Wash Shack Bradenton Demolition - Demolition of 25,000 sqft building old back building with Vault removal Contact: Glen Styger 919-214-1443 - Contract Amount $155,000

     CGC1534552 I CUC1226505

     
     

   • Tesla Collision Center - Pinellas Park

   
   

   utility installations, including earthwork for grading and site preparation, sanitary sewer installation with piping and manholes, and construction of building pads for foundations. Executed fire protection systems, including installation of fire lines, FDC risers, and hydrants

   Contact: Tylor Schramm/ Dooley Mack 843-762-6690 - Contract Amount $471,558.50

   
   

   Supplier list

   
   

   Whitney Logistics –

   4042 Park Oaks Blvd. Suite 160

   Tampa, FL 33610

   
   

   (800)-674-3474

   
   

   �

   			DATE(MM/DD/YYYY) 11/20/2025
   THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
   IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED; the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
   PRODUCER WWW Insurance, LLC 300 First Avenue South Suite 500 Saint Petersburg FL 33701 Llcens0tt· PC-1nna6R2	CONTACT NAME:
   	_W8,�..E&I)· 727-522-7777 I rt�No': 727-521-2902
   	i�l��ss: aoencvmall@w3lns.com
   	INSURER(Sl AFFORDING COVERAGE		NAICI
   	INSURER A: FCCI Specialty Insurance Company		17602
   INSURED BCSCONS-01 BCS Construction Group LLC 8130 66th St N Suite 10 Pinellas Park FL 33781	INSURER B: Nautilus Insurance Company INSURER C:		17370
   	INSURER D:
   	INSURER E:
   	INSURER F:

   ACORD• CERTIFICATE OF LIABILITY INSURANCE I

   
   

   COVERAGES

   CERTIFICATE NUMBER· 1400099419

   REVISION NUMBER·

   THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
   INSR LTR	TYPE OF INSURANCE				ADDL ,... c ...	SUBR ""'"	POLICY NUMBER	,&�Jg�,	POLICY EXP IMMIDD/YYYYl	UMrr5
   A	X <--	COMMERCIAL GENERAL LIABILITY 0 CLAIMS-MADE0 OCCUR					GL20000093700	11/1/2025	11/1/2026	EACH OCCURRENCE	$1,000,000
   										UAMAut: IUKt:N,cv PREMISES (Ea occurrence)	S 100,000
   	>--										$5.000
   										MED EXP (Any one pe™>n)
   										PERSONAL & ADV INJURY	$1,000,000
   	GEN'L AGGREGATE LIMIT APPLIES PER: POLICY0 jrc?r Otoe � OTHER:									GENERAL AGGREGATE	$2,000,000
   										PRODUCTS - COMP/OP AGG	$2.000,000
   											$
   AUTOMOBILE LIABILITY										COMBINED SINGLE LIMIT /Ea accident!	s
   '--		ANY AUTO -								BODILY INJURY (Per person)	s
   	..   ..	OWNED AUTOS ONLY HIRED AUTOS ONLY	..   >--	SCHEDULED AUTOS NON-OWNED AUTOS ONLY						BODILY INJURY (Per accident) $
   										PROPERTY DAMAGE /Per accident!	s
   											s
   A	<-- X	UMBRELLA UAB MOCCUR EXCESS LIAS CLAIMS-MADE					CX20000093800	11/1/2025	11/1/2026	EACH OCCURRENCE	S4,000,000
   										AGGREGATE	S4,000,000
   		DED I I RETENTION$									$
   	WORKERS COMPENSATION AHO EMPLOYERS' LIABILITY □YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) �m���onloPERATIONS below				NIA					STATUTE I ER PER OTH-
   										E.L. EACH ACCIDENT	s
   										E.L. DISEASE • EA EMPLOYEE S
   										E.L. DISEASE· POLICY LIMIT	$
   B	Professional /Pollution						CCP204847510	11/1/2025	11/1/2026	Professional occurren Pollution-claims made Gen Aggregate	1,000,000 2,000,000 2,000,000
   DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101, Addltlonal R1mark1 Sch1dul1, may be attached II mort 1pac1 11rtqulrtd)

   	SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
   	THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
   	ACCORDANCE WITH THE POLICY PROVISIONS.
   	AUTHORIZED REPRESENTATIVE
   	1t-f

   CERTIFICATE HOLDER

   CANCELLATION

   
   

   
   

   ACORD 25 (2016/03)

   © 1988-2015 ACORD CORPORATION. All rights reserved.

   The ACORD name and logo are registered marks of ACORD

   
   

   ARTICLE 1-GENERAL INFORMATION

   
   

   1. Provide contact information for the Business:

      
      

      Corporate Office

      I 01\.)(() C, 5eot.Jti"ll.

      I ....t.12r.� ,l.J'f\. -

      I Phone number:

      I Email address:

      Business address of corporate

      office:

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