A meeting of the Manatee County Port Authority will be held during a meeting of the Board of County Commissioners of Manatee County Tuesday, July 26, 2022, at a time to be determined, or as soon as is practicable, in the Patricia M. Glass Commission Chambers on the first floor of the County Administrative Center at 1112 Manatee Avenue West, Bradenton, Florida

MANATEE COUNTY PORT AUTHORITY AGENDA

July 26, 2022

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

CALL TO ORDER

Public Comments

1. Consent Agenda

Public Comments

Executive Director Comments Commissioner Comments

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

Reggie Bellamy, Chairman

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

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

Member;

Kevin Van Ostenbridge, Member; Carol Whitmore, Member

July 26, 2022

1. CONSENT AGENDA

   
   

   1. Warrant List

      
      

   2. Minutes June 16, 2022

      
      

   3. Ratify/Affirm Budget Resolutions

      
      

   4. Approval of the Sublease Between Kinder Morgan Port Manatee Terminal LLC and 9079-8042 Quebec, Inc.

      
      

   5. Certification of Lands

      
      

   6. Anchor House Lease Amendment Three

      
      

   7. Berth 11 Hole Emergency

RECOMMENDATION:

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

Manatee County Port Authority Warrant (Check) Listing

06/06/2022 to 07/13/2022

OH_Warrant_List_BCC_Vend 1

Manatee County Port Authority Warrant (Check) Listing

06/06/2022 to 07/13/2022

OH_Warrant_List_BCC_Vend 2

Manatee County Port Authority Warrant (Check) Listing

06/06/2022 to 07/13/2022

Total warrants (checks) for period reported 684,371.37

OH_Warrant_List_BCC_Vend 3

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

PORT MANATEE INTERMODAL CENTER, THIRD FLOOR

1905 Intermodal Circle Palmetto, Florida June 16th, 2022

Present were:

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

Kevin Van Ostenbridge Carol Whitmore

Absent was/were:

Reggie Bellamy, Chairman

Also present were:

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

Dustin Peebles, Accounting, Clerk of the Circuit Court Jonathan Martinez, Board Records, Clerk of the Circuit Court

First Vice-Chairman Kruse called the meeting to order at 9:04 a.m.

AGENDA PA20220524DOC001

CONSENT AGENDA

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

PA20220524DOC002

1. WARRANT LIST

   Accepted Warrant Listing from May 12, 2022, to June 5, 2021 PA20220524DOC003

2. MINUTES

   Approved the Minutes of May 24, 2022 PA20220524DOC004

3. BUDGET RESOLUTION

   Adopted Budget Resolution PA-22-12, budgeting the following:

   • $2,500,000 of Port cash to install new roof for warehouse 10 and provide a minimum 20-year no leak craftsmanship warranty and a 20-year manufacturer’s warranty. PA20220524DOC005

4. PUBLIC TRANSPORTATION GRANT AGREEMENT – INTERMODAL CONTAINER YARD

   Adopted Resolution PA-22-11 authorizing the execution of the Public Transportation Grant Agreement with the Florida Department of Transportation for deferred compensation on the intermodal container yard. PA20220524DOC006

5. RAILROAD REHAB SECONDED AMENDMENT

   Approved the Second Amendment to the Contract for Phase I and II – Track Rehab Project with R.W. Summers Railroad Contractor, Inc. in the amount of $246,234 for scope changes to the railroad rehabilitation project, pending FDOT and U.S. DOT Federal Railroad Administration approval. PA20220524DOC007

6. BERTH 4 EXTENSION PROFESSIONAL SERVICES

   Executed Professional Services Agreement 22-10 with Stantec Consulting Inc. for a coral relocation plan and sampling. No additional fees for the scope change.

   PA20220524DOC008

   PA MB 21-22/1

   October 21, 2021 (Continued)

   
   

7. INTERMODAL CONTAINER YARD CHANGE ORDER 8

   Executed Change Order 8 increasing the contract with The Crisdel Group in the amount of $153,623.42 for hydrant relocation, water main extension, duct bank demolition, and pavement marking, subject to the review and approval of FDOT PA20220524DOC009

8. WAREHOUSE 10 ROOF REPAIR CONTRACT AWARD

   Executed the contract with U.S. Coating Specialists in the amount of $2,481,000 for Warehouse 10 roof repair conditioned upon the receipt of acceptable bonds within 10 days. PA20220524DOC010

9. MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CITY OF SAINT

PETERSBURG

Executed a Memorandum of Understanding between the City of Saint Petersburg, Florida, and Manatee County Port Authority regarding Collaboration on Dredged Material Placement and Seagrass Mitigation Efforts. PA20220524DOC011

(End Consent Agenda)

PUBLIC COMMENTS

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

MEMBER COMMENTS

There were no comments by Port Authority Members.

EXECUTIVE DIRECTOR COMMENTS

Carlos Buqueras, Executive Director, met with other Port Directors and business is continuing. The port remains open 24/7, and they continue to bring in commodities.

He announced that Teresa Daugherty is retiring, and he introduced Alexis Causey as the new executive assistant.

ADJOURN

There being no further business, Vice Chairman Kruse adjourned the meeting at 9:11 p.m.

Minutes Approved:        

PA MB 20-21/2

July 26, 2022

CONSENT

AGENDA ITEM 1.C: RATIFY/AFFIRM BUDGET RESOLUTIONS BACKGROUND:

During extended periods between Authority meetings, Resolution No. PA-22-09 (approved May 24, 2022) authorizes limited and temporary delegation of authority to the Executive Director, including approving any budget amendment required to support authorizations for contracts, purchase orders, and change orders in order to maintain continuity of service in routine business and avoid delay in conducting Port business. The Executive Director approved increases in the operating and capital project budgets to maintain continuity of services in the routine business as outlined in Budget Resolutions PA-22-13 and PA-22-15.

ATTACHMENT:

• Budget Resolution PA-22-13

• Budget Resolution PA-22-15

  
  

  COST AND FUNDING SOURCE:

  
  

  Per Budget Resolutions PA-22-13 and PA-22-15

  
  

  CONSEQUENCES IF DEFERRED:

  
  

  Delay in ratifying and affirming action taken by the Executive Director

  
  

  LEGAL COUNSEL REVIEW: N/A

  
  

  RECOMMENDATION:

  
  

  Move ratify and affirm the approval by the Executive Director of Budget Resolution PA-22-13 and Budget Resolution PA-22-15.

  BUDGET RESOLUTION – PA-22-13

  
  

  BACKGROUND:

  
  

  This resolution budgets for the following:

  
  

• Budget amendment PA-21-12 was approved on June 16, 2022, for a new roof at warehouse

  10. A new project account has been set up for the roof. This budget amendment reallocates the budgeted funds from the maintenance department to the new project account. No change in the budget amount.

• Budgets $76,995 of Port cash for the upgrade and replacement of the Port’s existing access control readers located at the Port’s south gate. Also, reallocates $48,000 from operating to the new capital project account.

• Budgets $150,000 for the mass notification alarm system awarded on the 2019 Port Security Grant Program (PSGP) funded $112,500 or 75% by Homeland Security and $37,500 or 25% Port cash.

• Budgets an additional $16,278 of Port cash based on quote received to replace the engine and various other parts in the Port’s airboat.

• Budgets a decrease to the Berth 4 Improvements project and increases Berth 11 Improvement project for the same amount of $1,000,000 for emergency work on berth 11.

ATTACHMENT:

Resolution PA-22-13

COST AND FUNDING SOURCE:

Budgets $112,500 PSGP 2019 grant, $130,773 Port cash. Transfers $48,000 of budgeted FDOT and Port cash (75/25) for access control readers from operating to capital account. Transfers $1,000,000 of budgeted FDOT and Port cash (75/25) from Berth 4 Improvements to Berth 11 Improvements.

CONSEQUENCES IF DEFERRED:

Delay in budget allocations.

LEGAL COUNSEL REVIEW: N/A RECOMMENDATION:

Move to adopt Budget Resolution PA-22-13

RESOLUTION PA-22-13 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY

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 2021-2022 budget is hereby amended in accordance with Section 129.06, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:

MANATEE COUNTY PORT AUTHORITY

By:                 

RESOLUTION NO. PA-22-13

1. Fund: Port Cash Section: Port Maintenance

   Section: Warehouse 10 Roof Upgrade

   
   

   Description: Reallocates Budget of $2,500,000 for the upgrade of a new roof for warehouse 10 from maintenance to Port capital project.

   
   

   Batch ID: BAAL062422A Reference: BU22000461

   
   

2. Fund: Port Cash

   
   

   Section: South Gate – card readers

   
   

   Description: Budgets $76,995 of Port cash for the Access Control Reeder Upgrades for South Gate. Also, reallocates budget of $48,000 from operating to capital.

   
   

   Batch ID: BAAL062422A/B Reference: BU22000471

   
   

3. Fund: 2019 PSGP- 75%

   Fund: Port Cash- 25%

   
   

   Section: Mass Notification Alarm System

   
   

   Description: Budgets $112,500 for the 2019 Port Security grant and $37,500 Port cash for a mass notification alarm system.

   
   

   Batch ID: BAAL062422A Reference: BU22000472

   RESOLUTION NO. PA-22-13

   
   

4. Fund: Port Cash Section: Airboat Engine

   Description: Budgets an additional $16,278 for parts to replace the engine and miscellaneous repairs needed to the Port’s Airboat.

   
   

   Batch ID: BAAL062422A Reference: BU22000477

   
   

5. Fund: FDOT

Fund: Port Cash

Section: Berth 4 Improvements Section: Berth 11 Improvements (2)

Description: Decreases $1,000,000 in the Berth 4 Improvements project and increases same for Berth 11 Improvements (2) project for emergency repairs.

Batch ID: BAAL062422A Reference: BU22000481

BUDGET RESOLUTION – PA-22-15

BACKGROUND:

This resolution budgets the following:

• $5,000,000 for the Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) for an increase to the Intermodal Container Yard project funded 50% FDOT in the amount of $2,500,000 and 50% Port cash of $2,500,000.

ATTACHMENT:

Resolution PA-22-15.

COST AND FUNDING SOURCE:

Budgets $2,500,000 FDOT grant funding and $2,500,000 port cash.

CONSEQUENCES IF DEFERRED:

Delay in budget allocations.

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to adopt Resolution PA-22-15.

RESOLUTION PA-22-15 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2021-2022

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 2021-2022 budget is hereby amended in accordance with Section 129.06, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:

MANATEE COUNTY PORT AUTHORITY

By:                 

RESOLUTION NO. PA-22-15

1. Fund: FDOT – 50%

   Port Cash – 50%

   
   

   Section: Intermodal Container Yard Expansion

   
   

   Description: Budgets $5,000,000 for additional grant funding for the Intermodal Container Yard project.

   
   

   Batch ID: BAAL070822A Reference: BU22000487

   July 26, 2022

   
   

   CONSENT

   AGENDA ITEM 1.D.: APPROVAL OF THE SUBLEASE BETWEEN

   KINDER MORGAN PORT MANATEE TERMINAL LLC AND 9079- 8042 QUEBEC, INC.

   
   

   BACKGROUND:

   
   

   On September 19, 2019 Kinder Morgan Port Manatee Terminal LLC (“Kinder Morgan”) entered into a Lease Agreement, which was subsequently amended in Lease Amendment One approved January 14, 2020. Kinder Morgan wishes to sublease 1.81 acres of land to 9079-8042 Quebec, Inc. (“Quebec”) for the purpose of storing and handling concrete pipes and pilings. The lease requires the written approval of the Authority for Kinder Morgan to sublease to Quebec. The sublease does not adversely affect the interests of the Authority.

   
   

   ATTACHMENT:

   
   

   Resolution PA-22-14

   
   

   COST AND FUNDING SOURCE:

   
   

   N/A

   
   

   CONSEQUENCES IF DEFERRED:

   
   

   Delay in approving the sublease between Kinder Morgan and Quebec

   
   

   LEGAL COUNSEL REVIEW: Yes

   
   

   RECOMMENDATION:

   
   

   Move to approve and authorize the Chairman to execute Resolution PA-22-14 authorizing the sublease of land at Port Manatee by Kinder Morgan Port Manatee Terminal LLC to 9079-8042 Quebec, Inc.

   RESOLUTION PA-22-14

   
   

   MANATEE COUNTY PORT AUTHORITY APPROVAL FOR THE SUBLEASING OF LAND AT PORT MANATEE BY KINDER MORGAN PORT MANATEE TERMINAL LLC TO 9079-8042 QUEBEC, INC.

   
   

   WHEREAS, on September 19, 2019, Kinder Morgan Port Manatee Terminal LLC ("Kinder Morgan”) entered into a Lease Agreement, as amended by the Authority and Kinder Morgan in Lease Amendment One approved on January 14, 2020, (collectively, the “Lease”); and

   
   

   WHEREAS, paragraph 29 entitled Assignment or Subletting of the Lease provides that the Lessee may be sublet with the Authority's consent, but Kinder Morgan shall remain liable to the Authority for the terms and conditions of the Lease; and

   
   

   WHEREAS, Kinder Morgan desires to sublet approximately 1.81 acres (see Exhibit A) of their leased premises to 9079-8042 Quebec Inc., for the purpose of storing and handling concrete pipes and pilings on the demised premises; and

   
   

   WHEREAS, the provisions of the sublease do not adversely affect the interests of the Authority and may enhance or promote the flow of waterborne commerce through Port Manatee.

   
   

   NOW THEREFORE BE IT RESOLVED by the Authority that permission is hereby granted for Kinder Morgan to sublet the approximately 1.81 acres land as set for in Exhibit A, pursuant to its Lease with the Authority, to 9079-8042 Quebec, Inc. to the extent set forth in the Sublease Agreement entered into by and between Kinder Morgan Port Manatee Terminal LLC and 9079-8042 Quebec, Inc. on June 28, 2022.

   
   

   ADOPTED with quorum present and voting in regular session on this 26th day of July 2022.

   
   

   (SEAL) MANATEE COUNTY PORT AUTHORITY

   
   

   ATTEST: By:               

   
   

   Name:              

   
   

   Title:              

   
   

   By:        

   
   

   Name:                          Title: Clerk of Circuit Court

   
   

   Exhibit"A"

   
   

   Subleased Premises

   
   

   1_81 ACRES LEGAL DESCRIPTION EAST OF WAREHOUSE 4 Commence at the southeast come,- of section 1 Township 33 South, Range 17 East, Manatee County. Florida; Thence N oo• 29' 31 • E a distance of 188Q_3Q feet; Thence n go• 00' 00" W a dis1'ance of 3201-45 feet Thence N oo• 00' ocrw a distance of 163_63 feet tothe Point of Beginning, also being the Sou:th West comer of said described ?RJPE!rly. Thence N 00- 00' 22• W foe a cistanoe of 269.98 feet; Thence N 89" 47' 55" E a distance of 2Q1_77 feet; Thence s oo• oo·00" E a distance of 257_gg feet; Thence s 60"

   46' 50" W a distance 26.67 feet; Theooe N 90° 00' oo• W a distance of 268.47 feet baclt to the Point

   of Beginning lbr a rota! of more or less 1.81 Acres_

   
   

   
   

   July 26, 2022

   
   

   CONSENT

   AGENDA ITEM 1.E.: CERTIFICATIONS OF LANDS

   
   

   BACKGROUND:

   
   

   As provided by the terms of the Project Cooperation Agreement (PCA) between the Department of the Army and the Manatee County Port Authority dated March 31, 1995, the Authority agreed to provide all lands, easements and rights-of-way required for the Manatee Harbor, Florida Navigation Project. As part of that Project, the Department of the Army, plans to perform maintenance dredging of the Port’s inner harbor as completed approximately every three (3) years. The Department of the Army requires land certification from the Authority prior to commencement of the maintenance dredging.

   
   

   ATTACHMENTS:

   
   

   Certification of Lands

   
   

   COST AND FUNDING SOURCE: N/A

   
   

   CONSEQUENCES IF DEFERRED:

   
   

   Delay in commencement of maintenance dredging

   
   

   LEGAL COUNSEL REVIEW: Yes

   
   

   RECOMMENDATION:

   
   

   Move to approve and authorize the Chairman to execute a Certification of Lands between the Department of the Army and the Manatee County Port Authority for maintenance dredging of the Port’s inner harbor, contingent upon the approval of a temporary construction easement by the Board of County Commissioners to be presented on July 26, 2022.

   · CERTIFICATION OF LANDS

   
   

   Certificate Number: (if applicable)

   Project Name: Manatee Harbor, Florida Navigation Project

   Segment: '

   
   

   The Manatee County Port Authority, as Project Sponsor of the Manatee Harbor, Florida Navigation Project ("Project"), authorized by Section 202 of the Water Resource Development Act of 1986, Public Law 99-662, by Section 102U) of the Water Appropriations Act, 2004, Public Law 101-640, and by section 156 of the Energy and Water Appropriations Act, 2004, Public Law 108-37, under a Project Cooperation Agreement dated July 6, 2004 and as subsequently amended, does hereby certify that the below described lands described lands where the dredge pipeline is to be constructed as depicted on the attached map are dedicated to the Project and shall not be conveyed, transferred, or otherwise altered or encumbered during the Project's 2022/2023 dredge event in a manner that would limit the Department of the Army's irrevocable right to enter the lands as described below, without the express written consent of the Department of the Army acting by and through the Assistant Secretary of the Army for Civil Works or his designated representative.

   
   

   The Manatee County Port Authority does certify that it owns the below described interests in the lands where the dredge pipeline is to be constructed as depicted on the attached map at the time of execution of this Certificate and that these recited interests will not be impaired during the 2022/2023 dredge event Project except as written consent is given as provided above. The Manatee County Port Authority also certifies that all persons and business that have been displaced by acquisition of below lands have been relocated in full compliance with Public Law 91-646, as amended and that the other provisions of Public Law 91-646, as amended, have been complied with.

   
   

   The Manatee County Port Authority does hereby grant to the Department of the Army an irrevocable right to enter for purposes of construction, inspection and, if necessary, for the purpose of completing, operating, repairing, maintaining, replacing, or rehabilitating the Project upon lands where the dredge pipeline is to be constructed as depicted on the attached map, which the Manatee County Port Authority owns or controls during the Project's 2022/2023 dredge event.

   
   

   The Manatee County Port Authority hereby certify that it has at least the following minimum interest in the lands depicted on the attached map and as identified thereon:

   
   

   Manatee County Port Authority owns the land inside the red outline on the attached Enclosure 1- Disposal Plan Pipeline Routes in fee simple. The lands in the red outline where the dredge pipeline is to be constructed as depicted on the attached map are unleased lands that the Manatee County Port Authority owns in fee simple.

   
   

   Enclosure 3

   Manatee County Port Authority obtained a temporary construction easement to allow the dredge disposal pipeline to be constructed in the right-of-way to the south of Piney Point Road and pass through the culvert located at Piney Point Road and Reeder Road intersection (that portion of the green area depicted on the attached Enclosure-1 Disposal Plan Pipeline Routes) for the purpose of carrying dredge material from Manatee Harbor to Port Manatee's upland disposal area in accordance with the Project's 2022/2023 dredge event.

   
   

   ATTEST:

   ANGELINA M. COLONNESO

   Clerk of Circuit Court

   
   

   By ­

   Printed: ---------

   
   

   MANATEE COUNTY PORT AUTHORITY

   
   

   By: -------------

   Chairman

   
   

   Dated:         

   
   

   Enclosure 3

   SHEET GENERAL NOTES

   
   

   
   

   ;; \. ··.p

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   .7.

   
   

   
   

   UPLAND DI    

   
   

   
   

   - --11.DOCICST.

   
   

   .-

   
   

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   .;:..

   
   

   □ SA!. Pl.AN ?lPB..L"E nOUTES EJ

   ATTORNEY'S CERTIFICATE OF AUTHORITY

   
   

   I, ---'-J--'-e'--'-n----'m-'--'fe'--'--r---'-R--'-.----'C o'-'-w-'-'a--"--n'-- ----------'A--'-t'--'-to"--"r,-'-'-n..C....e,_y     for Manatee

   County Port Authority, certify that Manatee County Port Authority has authority to grant the above Certification of Lands; that said Certification of Lands is executed by the proper duly authorized officer; and that the Certification of Lands is in sufficient form to grant the authorization therein stated.

   
   

   WITNESS my signature as Attorney Authority, this 26th day of J!d!y_, 2022 .

   for Manatee County Port

   
   

   BY:                                                                                 

   (name) (title)

   Jennifer       R.      Cowan            

   Attorney for Manatee County Port Authority

   
   

   Enclosure 4

   July 26, 2022

   
   

   CONSENT

   AGENDA ITEM 1.F.: ANCHOR HOUSE LEASE AMENDMENT THREE

   
   

   BACKGROUND:

   
   

   On August 19, 2021, the Authority approved Port Manatee Lease Amendment Two with the Anchor House which included lease terms through June 1, 2023. The Anchor House is a non- profit Florida Corporation which that provides care, comfort, and recreation of seafarers from vessels calling at SeaPort Manatee. Anchor House desires to continue providing those services at Port Manatee and is seeking to make interior improvements to the facilities it leases. Anchor House is applying for a grant for the renovation of the interior of the leased property and there is an advantage to having a long-term lease in the award consideration. Therefore, the parties wish to execute an extension of the lease a year early. Lease Amendment Three extends the term to June 1, 2033.

   
   

   ATTACHMENT:

   
   

   Port Manatee Lease Amendment Three

   
   

   COST AND FUNDING SOURCE:

   
   

   N/A

   
   

   CONSEQUENCES IF DEFERRED:

   
   

   Delay in amendment to Anchor House Lease

   
   

   LEGAL COUNSEL REVIEW: Yes

   
   

   RECOMMENDATION:

   
   

   Move to approve and authorize the Chairman to execute Port Manatee Lease Amendment Three between the Manatee County Port Authority and Anchor House, Inc.

   PORT MANATEE LEASE AMENDMENT THREE

   
   

   The MANATEE COUNTY PORT AUTHORITY, a political entity of the State of Florida, with its principal place of business located at Port Manatee, 300 Tampa Bay Way, Suite 1, Palmetto, Florida, 34221, and THE ANCHOR HOUSE, INC., a non-profit Florida corporation, hereinafter referred to as “Anchor House” with its principal place of business located at Port Manatee, 13285 Eastern Avenue, Palmetto, Florida 34221-6608, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, hereby amend Port Manatee Lease dated June 17, 1993, Port Manatee Lease Extension dated June 1, 2003 , Anchor House Lease Extension Agreement dated June 20, 2013, Port Manatee Lease Amendment dated May 19, 2016, and Port Manatee Lease Amendment Two dated August 19, 2021, (hereinafter collectively the “Lease”), and state as follows:

   1. SCOPE. This Amendment Three is being entered into for the purpose of extending the term through June 1, 2033. Except to the extent herein amended, all other provisions set forth in the Lease, shall remain in full force and effect and binding upon the Authority and Anchor House. In entering into this Amendment Three, the parties acknowledge that in no way has the Authority waived any of its rights or claims it may have against Anchor House.

   2. AMENDMENT. The parties hereby agree to amend, modify, and supersede paragraph 3 of the Lease, to extend the Lease between the parties hereto for an additional ten (10) years, from June 1, 2023 to June 1, 2033, unless sooner terminated pursuant to the provisions of this Lease.

   3. CONFLICT. In the event of a conflict of the Lease and the provisions contained in this Amendment Three, the provisions set forth in paragraph 2 of this Amendment Three shall prevail. In the event of a conflict between any other

      Page 1 of 2

      paragraphs within this Amendment Three and the Lease, then the Lease shall prevail.

   4. MUTUAL REPRESENTATIONS. Each of the parties hereto represents unto the other party hereto that this Amendment Three shall govern the parties' responsibilities regarding the additional demised premises.

   5. EFFECTIVE DATE. The effective date of this Amendment Three is August I, 2022.

IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed in duplicate this the 26th day of July, 2022.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

Clerk of Circuit Court

By:                  _

Printed:            _

WITNESSES      

By ­

CHAIRMAN AUTHORITY

THE ANCHOR HOUSE, INC.

- I

By ---------

Signature u

/"Ri$h All ooJ

Printed Name

WITNESSES:  

pt;hLJ R.. A

Signature

01,chp.t\ R.1111<food

Printed Name

Title: 4a.u:n:'Ib-- S) ,L-1z,..C:Jt;.=t1_

Page 2 of2

July 26, 2022

CONSENT

AGENDA ITEM 1.G.: BERTH 11 HOLE EMERGENCY

BACKGROUND:

On June 30, 2022, a sizable hole was discovered on berth 11. It was determined that emergency repairs were needed to minimize the damage and related repair costs. Midcoast Construction Enterprises, LLC (Midcoast) is currently under contract for the Port’s wharf and wall repairs of berths 6, 7, and 10. On July 5, 2022, Midcoast mobilized a dive crew to investigate the underwater portion of the hole to aid in determining the best path forward. After the dive inspection, Midcoast identified the steel bulkhead areas that have deteriorated. Midcoast began repairs on July 15, 2022, with completion estimated within 30 days. The cost of the repairs including dive inspection is $124,350. Port staff contacted FDOT for approval to utilize existing grant monies for the emergency repairs. FDOT approved and the repairs will be 75% FDOT and 25% Port.

ATTACHMENT:

Request for Emergency Purchase Form Change Order No 1

COST AND FUNDING SOURCE:

FDOT funding in the amount of $93,262.50 or 75% and Port cash in the amount of

$31,087.50 or 25%

CONSEQUENCES IF DEFERRED:

Delay in affirming the emergency repairs at berth 11

LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to ratify and affirm Change Order 1 for the emergency repairs a berth 11 by Midcoast Construction Enterprises, LLC in the amount of $124,350.

REQUEST FOR EMERGENCY PURCHASE

Total Estimated Expenditure:

       $500,000    

Item (s) required for emergency: Vendor / Cost of Items:

Date Purchase Required:   30-Jun-22    

Justification for Emergency Purchase:  If not repaired quickly, there will be more to repair.  

What would be the consequences if this purchase is not handled as an emergency?

The hole would get bigger and the cost would go up as a result.

What corrective action could be taken to avoid other emergencies like this one?

We could rebuild all our old docks.

Approval / Director of Bus Admin

PORT MANATEE

Project Name: Wharf & Wall Repairs

CHANGE ORDER FORM

Change Order No. Purchase Order No.

1

PA005519

Date of Issuance:     7/12/2022 Effective Date:

Owner:  Manatee County Port Authority Contract#:

Engineer of Record:    RS&H - John Rice, PE Contractors Project #:

Contractor: Midcoast Construction Enterprises, LLC Engineer's Project #:

1078 Island Avenue Contract Name: Tareon Sprin9s, FL 34689

Project:   Wharf and Wall Repairs  

7/12/2022

ITB-16-0-2020

V026617 104-4007-001

Wharf and Wall Repairs

The Contract is modified as follows upon execution of this Chanae Order: Description: Berth 11 Emergency Repair - Dive inspection services and subsequent repairs to hole at Berth 11

Attachment:      1 EA List documents supporting change:

Wharf and Wall Repairs Contract by REFERENCE ONLY DIVE TECH Intl. Underwater Inspection

Midcoast Construction Enterprises, LLC proposal for completing repairs

CHANGE IN CONTRACT PRICE

     Increase $124,350.00     

[Increase] [Decrease] from previous approved Change Orders #: N(_A -

Hours Requested: N/A

CHANGE IN CONTRACT TERMS

[note changes in Milestones if applicable] Original Contract Times: NIA

Substantial Completion: N/A

Date of Final Payment N/A

[Increase] [Decrease] from previous approved Change Order#: N/A

Substantial Completion Date: N/A

Date of Final Payment:

N/A [date or days]

Contract Price prior to this Change Order:

  $3,381,655.00 '

[Increase] ] of this Change Order:

$124,350.00

Contract Price Incorporating this Change Order:

,

...

Contract Times prior to this Change Order: Substantial Completion: N/A

Date of Final Payment: N/A [date or days]

[Increase] [Decrease] of this Change Order: Substantial Completion: N/A

Date of Final Payment: N/A [days or dates]

Contract Times with all approved Change Orders:

Substantial Completion: N/A

  $3,506,005.00

/

, Date of Final Payment:

NIA

[date or days]

4CCED72

c /

. / J ,9

,, RE'COM1VICNUl::D: ACCEPTED:

1J. \ll/L._  

I Jack Fulford

Contractor

Date: Date: 7/15/2022

t Approved by Funding Agecy (if applicable)

By: Geor2e Isiminger

Title: Director En9ineerin1iConstruction

<Rev. 11/2020>

ST

CONSTRUCTION ENTERPRISES, LLC

1078 Island Ave Tarpon Springs, Fl 34689 TEL: 727-800-5512 FAX: 727-800-5504

Manatee County Port Authority 300 Tampa Bay Way, Suite 1

Palmetto, FL 34221

7/5/22

Contract: Project:

Attention:

Port Manatee

Hole in parking lot at Berth 11

George Isiminger

In response to your request for and emergency response to correct the issue occurring with the void increasing in size at Berth 11, Midcoast has responded and determined that further underwater assessment will be required to determine a path forward.

Midcoast is prepared to mobilize a dive crew to investigate the underwater portion to aid in determining the best path forward to make a lasting repair for this area. We will investigate this area visually with divers and if necessary, install a Dye pack as the tide goes out to help find a possible hole waterside of this area. Based on the finding's we will provide our analysis and potential paths forward for this repair. The cost for this service will be $5,500 please authorize the work to be performed.

Respectfully,

tlo7

Senior Project Manger

Midcoast Construction Enterprises, LLC

CONSTRUCTION ENTERPRISES, LLC

1078 Island Ave. Tarpon Springs, FL 34689 727-800-5512

www.midcoastllc.com

Manatee County Port Authority 300 Tampa Bay Way

Palmetto Fl, 33221

7/12/22

Project: PO:

Subject:

Warf and Wall Repairs Emergency Fund

PO : Repair of Bulkhead holes and washout in Parking lot

Mr. Isiminger

After dive inspection of the immediate areas surrounding the area that washed out at berth 10/11, Midcoast Construction has determined there are a significant number of additional steel areas within the bulkhead that have deteriorated allowing sand to wash out of the wall and further casing the washout issue currently present.

Midcoast has formally agreed to offer a solution to these issues as best as possible given the apparent circumstances. See Below a list of repairs that need to be made in the order they must be completed.

Clean steel sheet pile wall at repair locations Prep metal patches

Weld metal patches to sheets underwater Cover metal patches with splash zone coating Compact soil base in washout area

Excavate the rip rap at the ship strike location to accommodate small crush concrete to void small voids in rock and reinstall existing larger rip rap as needed.

Fill washout in parking lot with soil compacting in 1ft lifts to asphalt base Install asphalt base consistent with existing conditions

Compact base material

Install asphalt consistent with existing conditions

COMPLETION SCHEDULE

Upon issuance of a Purchase Order the project will start within 10 Calendar Days and be Completed within 30 Calendar Days

ST

CONSTRUCTION ENTERPRISES, LLC

1078 Island Ave. Tarpon Springs, FL 34689 727-800-5512

www.midcoastllc.com

The cost associated with these repairs will be $ 118,850.00

See link below for documentation of the repairs that need to be completed.

https:/ /www.dropbox.com/sh/7vbttthxoh8dsty/ AACrsGrQ2a6ncgkuNGmjTaBra?dl=0

Thank you for your time and consideration on this matter. We look forward to a timely response as we have the manpower and resources available to complete this work on-site.

Respectfully,

Ocdt;

Midcoast Marine Group, LLC