MANATEE COUNTY PORT AUTHORITY AGENDA

November 19, 2024

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

   
   

3. Consent Agenda

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

   
   

4. Executive Director Comments

   
   

5. Commissioner Comments

   
   

6. 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.

‌November 19, 2024

1. CONSENT AGENDA

   
   

   1. Warrant List

      
      

   2. Minutes – October 17, 2024

      
      

   3. Holiday & Pay Date Schedule 2025

      
      

   4. BDI Contractors Change Order No. 3

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

10/01/2024 to 11/06/2024

Manatee County Port Authority Warrant (Check) Listing

10/01/2024 to 11/06/2024

Manatee County Port Authority Warrant (Check) Listing

10/01/2024 to 11/06/2024

Total warrants (checks) for period reported 3,798,731.14

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

COUNTY ADMINISTRATION CENTER, HONORABLE PATRICIA M. GLASS CHAMBERS

1112 Manatee Avenue West Bradenton, Florida October 17, 2024

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

Present were:

Kevin Van Ostenbridge, Chairman Jason Bearden, First Vice-Chairman Ray Turner, Second Vice-Chairman Amanda Ballard, Third Vice-Chairman George W. Kruse

Mike Rahn District 1 seat is vacant.

Also present were:

Carlos Buqueras, Executive Director Noah Daiker, Bryant Miller Olive Law Firm

Dustin Peebles Accounting, Clerk of the Circuit Court Hannah Bishop, Deputy Clerk, Clerk of the Circuit Court

1. Chairman Van Ostenbridge called the meeting to order at 9:07 a.m.

   
   

   Chairman Van Ostenbridge thanked Port Manatee Staff for all they did after Hurricane Milton.

   AGENDA PA20241017DOC001

   Agenda Update Memorandum:

   • Item 3.C Budget Resolution – FY 2025 – added an additional budget item of $250,000 for land purchase deposit

   • Item 5 Agreement for Purchase and Sale of Real Property – revised agreement for purchase and sale of real property

2. PUBLIC COMMENTS

   Bill Galvano, representing Fortress 2020 Landco LLC, provided a brief explanation regarding Item 5, and thanked the Authority and Sea Port Manatee staff for all they do for the Port.

   There being no public comments, Chairman Van Ostenbridge closed public comments.

   
   

   CONSENT AGENDA PA20241017DOC002

3. A motion was made by Member Rahn, seconded by Turner, 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 August 20, 2024 to September 30, 2024 PA20241017DOC003

2. MINUTES

   Approved the Minutes August 27, 2024

3. BUDGET AMENDMENT

   Adopted Budget Resolution PA-25-01 PA20241017DOC004

4. PUBLIC TRANSPORTATION GRANT AGREEMENT

   Adopted Resolution PA-24-22 authorizing the execution of the Public Transportation Grant Agreement with the Florida Department of Transportation for the Intermodal Container Yard Phase 3 project PA20241017DOC005

   October 17, 2024 (Continued)

   
   

5. PUBLIC TRANSPORTATION GRANT AGREEMENT

   Adopted Resolution PA-24-23 authorizing the execution of the Public Transportation Grant Agreement with the Florida Department of Transportation for the berth rehabilitation project PA20241017DOC006

6. INSURANCE RENEWALS 2024-2025

   Approved the following estimated insurance coverages for the Port Authority. There may be possible increases/decreases due to changes in insurance coverage:

   • The Florida Municipal Insurance Trust (FMIT) for Real & Personal Property for a premium of $1,500,000. Boiler and Machinery and Crime included in Real & Personal Property coverage; and

   • Boyd Insurance & Investment Services for Inland Marine, Vehicle Liability and Workers’ Compensation for premiums of $33,229, $43,491 and $99,762, respectively; and

   • McGriff, Seibels & Williams, Inc. for Port Liability - $175,000, Umbrella -

     $123,500, Public Officials (included in Port Liability). PA20241017DOC007

7. RATIFY & AFFIRM EMERGENCY SERVICES FOR ANALYSIS OF BERTH 6

   Ratified and affirmed the Executive Director’s approval of PSA 24-04 in the amount

   of $83,966 for emergency analysis of Berth 6 PA20241017DOC008

8. BERTH 6 CONCRETE REPAIR CHANGE ORDER NO. 2

   Approved and authorized the Chairman to execute Change Order No. 2 increasing the contract between the Manatee County Port Authority and BDI Marine Contractors, LLC in the amount of $536,017 for ultra-high-performance concrete and repair of bollards due to extensive corrosion, subject to the review and approval of FDOT PA20241017DOC009

9. PURCHASE OF EVAPORATORS

   Approved the issuance of a purchase order to Dade Service Corporation in the amount of $547,700.50 for the purchase of 30 evaporators for warehouse 8 PA20241017DOC010

10. SUPERIOR ASPHALT PAVING AWARD APPROVAL

    Approved and authorized the Chairman to execute to execute the Piggybacking Agreement for Paving Project between Manatee County Port Authority and Superior Asphalt, Inc., in the amount of $510,820 for paving certain areas on the Port

    PA20241017DOC011

11. BUDGET RESOLUTION

    Adopted Budget Resolution PA-24-24 PA20241017DOC012

12. NOTICE OF PORT AUTHORITY MEETINGS SCHEDULE

    Adopted Resolution PA-25-03 and instruct the Executive Director of the Port Authority to cause of a copy of said resolution to be published in the Bradenton Herald, in accordance with the requirements of Section 189.015, of the Florida Statutes

    PA20241017DOC013

13. SEAPORT MANATEEE AND WORLD DIRECT SHIPPING, LLC LEASE

    Approved and authorized the Chairman to execute the SeaPort Manatee and World Direct Shipping, LLC Lease between World Direct Shipping LLC and Manatee County Port Authority PA20241017DOC014

14. OTHER CRANES OPERATING AGREEMENT

Ratified and affirmed approved the Executive Director’s execution of the SeaPort Manatee Other Cranes Operating Agreement between the Manatee County Port Authority and Logistec USA Inc. PA20241017DOC015

(End Consent Agenda)

5. AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY

Carlos Buqueras, Executive Director, provided a brief explanation of the agreement, pros and cons, and the expansion of the Port is related to growth.

Discussion ensued regarding the revenue with this investment each year, the ability to terminate the lease, purchasing and leasing the land, and overall improvements.

October 17, 2024 (Continued)

William Clague, Attorney representing Fortress 2020 Landco LLC, addressed the concern of the lease, the agreement is written as cause and default, and is not finalized, this is just the beginning of the agreement, and stated that conversations can take place prior to closing.

A motion was made by Member Turner, seconded by Member Bearden, and carried 6 to 0, to adopt Resolution PA-25-02 Resolution of the Manatee County Port Authority Regarding the Acquisition of Real Property PA20241017DOC017

4. 2025 LEGISLATIVE PRIORITIES

Dan Fitzpatrick, Director of Planning and Projects, Sea Port Manatee, reviewed the Federal priorities for 2025, advance reimbursement funding, dredging and material offloading, and statewide issues.

Dave Rambra, Sea Port Manatee, reviewed the State priorities for 2025, land acquisition, and investment in statewide priority projects.

Discussion ensued regarding grants for the Port, and the expansion of the Port.

A motion was made by Member Ballard, seconded by Kruse, and carried 6 to 0, to approve the Manatee County Port Authority Legislative Priorities – Fiscal Year 2025. PA20241017DOC016

1. EXECUTIVE DIRECTOR EVALUATION DISCUSSION

   Noah Daiker, Bryant Miller Olive Law Firm, provided a summary of the short-term annual evaluation to Authority members for the evaluation of Mr. Buqueras. Mr. Buqueras was evaluated in the following eight categories of performance:

   • Business Development

   • Relationship with the Port Authority

   • Financial Management and Regulatory Compliance

   • Public Image and Community Relations

   • Strategic Planning and Goals

   • Leadership

   • Job and Industry Knowledge

   • Judgement and Decision Making

     
     

     There were no rankings that need improvements, and Mr. Buqueras was rated outstanding by the majority of Members in all categories.

     
     

     Discussion ensued regarding thanking Mr. Buqueras for all he does for the Port, his leadership, and requested more aggression in terms of growing the Port.

     
     

     There being no public comments, Chairman Van Ostenbridge closed public comments.

     PA20241017DOC018

2. EXECUTIVE DIRECTOR COMMENTS

   Carlos Buqueras, Executive Director, thanked Authority Members for their comments and positive evaluation. His evaluation represents the result of team work and performance by Port staff, provided an update on the Strike taking place at the Port, damage to the Port from Hurricane Milton, fuel distribution resumed within 72 hours, photos of the fuel terminal, Warehouse one, Cruise terminal, Warehouse seven, International Center, Warehouse nine, AMT a-frame, Berth Rehab and Dredging, the estimate in repairs is $227.2 million, and Governor Ron DeSantis granted Sea Port Manatee $9.5 million for hurricane relief.

   PA20241017DOC019

3. AUTHORITY MEMBER COMMENTS

There were no Member comments.

October 17, 2024 (Continued)

ADJOURN

There being no further business, Chairman Van Ostenbridge adjourned the meeting at 9:59 a.m.

Minutes Approved:                   

‌November 19, 2024

CONSENT

AGENDA ITEM 3.C.: 2025 HOLIDAY & PAY DATE SCHEDULE

BACKGROUND:

Each year the Port Authority approves a schedule of Port Authority holidays and pay dates for Port employees for the following year.

ATTACHMENT:

Manatee County Port Authority 2025 Holiday & Pay Date Schedule.

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

N/A

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to approve the schedule of holidays and pay dates for the Manatee County Port Authority for calendar year 2025.

MANATEE COUNTY PORT AUTHORITY 2025 HOLIDAY & PAY DATE SCHEDULE

THREE (3) PERSONAL HOLIDAYS: To be used on or before December 12, 2025 (Advance approval by management required)

HOLIDAY PAYDATE

‌November 19, 2024

CONSENT

AGENDA ITEM 3.D: BERTH 6 CONCRETE REPAIR CHANGE ORDER NO. 3 BACKGROUND:

On April 23, 2024, the Authority approved the contract with BDI Marine Contractors, LLC for Berth 6 Concrete Repair in the amount of $2,075,000.00. Change Order No. 1 was approved in the amount of $266,440 due to the discovery of higher-strength concrete and an increase in the number of curb repairs required. Change Order No. 2 was approved in the amount of $536,017 changing the contract scope from conventional concrete to ultra- high-performance concrete. Additional work on the bollards due to extensive corrosion was also included. The original contract price included sales tax for the purchase of construction materials. Change Order No. 3 allows the Port Authority to take advantage of provisions of Section 212.08(6), Florida Statutes and Rule 12-A-1.094, Florida Administrative Code, to pay for materials directly thus allowing sales tax cost savings. BDI’s contract is decreased $820,569 and CorTuf UHPC is entered for $769,700, resulting in savings of $50,869. In addition, Change Order No. 3 requests reinforcement in areas B and C to install welded wire mesh and extension of the ultra-high-performance concrete to transition to existing asphalt in the amount of $66,481. BDI’s new contract total is

$2,070,713.

ATTACHMENT:

Change Order No. 3

COST AND FUNDING SOURCE:

Net increase of FDOT grant funding of $11,709 and Port cash increase of $3,903

CONSEQUENCES IF DEFERRED:

Delay in approval of Change Order No. 3

LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

• Move to approve and authorize the Chairman to execute Change Order No. 3 to the contract between the Manatee County Port Authority and BDI Marine Contractors, LLC for berth 6 concrete repairs adding wire mesh and concrete extension and to provide sales tax savings for direct purchase of construction materials.

• Approve the issuance of a purchase order to CorTuf UHPC in the amount of $769,700 for the direct purchase of ultra high-performance concrete.

Project Name:

PORT MANATEE

                 Berth 6 Surface Concrete Repair          

CHANGE ORDER FORM

Date of Issuance:               11/6/2024        

Change Order No. Purchase Order No.

Effective Date:

                   3            

             PA006026        

             11/7/2024        

Owner: Manatee County Port Authority Engineer of Record:

Contractor: BDI Marine Contractors, LLC

11718 SE Federal Hwy #22

             Sound FL 33455        

Contract#: ITB-.-0-2024/RH

Contractors Project#:                                             Engineer's Project#:                                              Contract Name: Berth 6 Surface Concrete Repair

Project: Berth 6 Surface Concrete Repair                                                              

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

Description:             Port Manatee to Direct Purchase Ultra High Performance Concrete <-$820,569.00>            Add WWM $29,751.00 , Add UHPC to formed edge I Asphalt $36,730.00

Attachments: discription List documents supporting change: -Ex-hibi-t's -A, B-------

CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TERMS

Original Contract Price: [note changes in Milestones if applicable]

Original Contract Times:             6/10/2024        

  $      2,075,000.00  Substantial Completion: 12/7/2024 Date of Final Payment 1/6/2025

[Increase] [Decrease] from previous approved [Increase] [Decrease] from previous approved

Change Orders#:                     1                   Change Order#: 1,2

Hours Requested: N/A Substantial Completion Date: Increase 30 days

  $                (754,088.00)              Date of Final Payment: Increase 30 days

[date or days] Contract Price prior to this Change Order: Contract Times prior to this Change Order:

Substantial Completion: 12/7/2024

$ 2,877,457.00 Date of Final Payment:               1/6/2024        

[date or days]

[Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order:

Substantial Completion: 12/12/2024

  $      (754,088.00) Date of Final Payment: 1/11/2025

[days or dates]

Contract Price Incorporating this Change Order: Contract Times with all approved Change Orders:

Substantial Completion: 1/6/2025

  $      2,070,713.00 Date of Final Payment:             2/5/2025        

[date or days]

RECOMMENDED: ACCEPTED: ;?-d-�f;::T

RS&H, Inc.

BDI Marine Contractors, LLC

Engineer of Record MCPA / BCC APROVED /;o, t ctor

Date: Date: Date: II £ � 2111,.

By:

Approved by Funding Agecy {if applicable) '/ I /

Title:                                 

<Rev. 11/2020>

MA INE & SITE

-CONT CTO S­

Seaport Manatee Berth 6 Description of Change Order #3

This change order is for the Seaport Manatee direct purchase of Ultra High-Performance Concrete from COR-TUFUHPC. The port will pay the vendor directly to negate the sales tax of 7% for Manatee County.

The tax amount is listed on the attachment hereby labeled "Exhibit A" to Change Order #3 Dated 10/21/2024.

The amount of this Change Order #3 is (-$820,569.00)

A deduction of (Eight hundred twenty thousand five hundred sixty nine dollars)

-

Andrew Keenan

BDI Project Manager

(QR-TUFUHPC

the future of concrete

•Price ls only valid for 30 days from date on Proposal•

11128 Industrial Road• Manassas, VA 20109

Phone: 703.656.1445 www.Cor-Tuf.com FAX: 703.361.6169

DATE: 10/15/2024

PROJECT: Berth 6 Port Manatee PROJECT ADDRESS: Berth 6 Port Manatee

BID TO: Manatee County Port Authority BUSINESS ADDRESS: 300 S Dock St Palmetto FL 34221

PHONE#: 941-722-6621

CONTACT: George Isiminger

B10#: 1

ESTIMATOR: OJ Burgess

F: C:

BID# -----------

TOTAL BASE BID AMOUNT:! $728,700.00 I Add Alts.:! $41,000.00 I

NOTE: PLEASE READ THESE THREE DOCUMENTS CAREFULLY.

Cor-Tuf UHPC, proposes to fumlsh materials to complete the follo'Mng job based on sheets xx to xx. This proposal Is based upon drav.fogs dated YY.

_ _Civil Enqlneer:

Total Bid:! $823,579.00

Total Bid without Tax: $769,700.00

c:::    ·_ DESCRIPTIO Total i

Ready Mixing at $400.00 per cubic yard

Pricing Is for approximately: 250 Cubic Yards 6750 cubic feet and includes Cor-Tuf CT25 UHPC, steel fiber and admixture. Cement and DOT approved sand by other. Mixing by others.

1 CY super sack

Total Material

This orice does not include Car-Tur Techs, see below for oer dav and ner Tech fees.

0To determine estimated costs for Technicians, Lodging and Meals, and Mega Mixer Rental fees, please use the calculator to the right of the line Item

$726,700.00

Estimated Shipping cost of Materials $6,250.00 per tanker load X 6 loads S3500.00 per van load X1 load

# of days # of mixers

$41,000.00

estimated total cost

Mega Mixer Rental to be attached to your skid steer or rental

S1,200.00 per day TBD" I 01

$0.00

Total Estimated Cost Including Technicians, Lodging and Meals, and Mega Mixer Rental fees $2,000.00

50% Deposit Due ror materials (6) weeks prior to material shipping date 30 day notice Is required to schedule start of project.

Materials Pricing FOB: Happy Valley Blending 660 Axeman Road, Pleasant Gap PA 16823

•AIJTesting must be conducted by ASTM 1856 certified lab•

Wo less then 12 cylinders will be taken, No less then 3 will be tested per testing day•

Engineering Consultation or design work \\ill be billed seperately based on at a to be determined rate

ADD ALTERNATES: I

r Engineering Consultation and design I

TOTAL BID:

-

- -

$728,700.00

Add Alternates:

Sales Tax:

GRAND TOTAL BID:

(Revfev.ed.Approyoo and Acceoled Bl: D"" Cor-TufUHPC: Dalee

$41,000.00

,8;10.00

$823,579.00

,1.00 �k

M1natu County Port Authority Is Tu Eumpl Ho Tn is lnck.ldad In lhis Pri«

Inwitness where or, the parties hereto have executed this agreement.

In Prescence or:                                                                                                                         

Approved by: App,ovedby.

R A and Bl: 0¥ Cor-TufUHPC: Du

BDI MARINE AND SITE CONTRACTORS

11718 SE Federal Hwy, Suite 222

Hobe Sound , FL 33455

(561) 909-9898

Estimate #

1873

Date

11/1/2024

Port Manatee FL

Item Description Unit of Measure

Qty Price Amount

LS 1.00 $355,000.00 $355,000.00

Items 1.00 $29,751.00 $29,751.00

Items 1.00 $87,024.15 $87,024.15

Items 1.00

Items 1.00

I

Items 1.00

Items 1.00

E S T I M A T E

Sub Total

$692,730.15

Total

$692,730.15

BDI Marine and Site Contractors is a Florida state certified general contractor License CGC1528016 2,000,000 Marine General Liability, 1,000,000 Workers Compensation USL&H Coverage

T E R M S A N D C O N D I T I O N S

This is a non-binding bid.

Additional cost for labor and/or materials beyond scope of work above will be invoiced at cost plus a percentage of overhead and profit agreed by both parties of BDI and owner.

BDI does not assume any responsibility for materials prior to unloading or installing at job site Any delays not caused by fault of BDI may result in an additional mobilization cost upon continuation of work or additional daily/weekly cost as pro-rated based on this contact total price

Excluded:

Permits, Engineering, & Electric Work Surveys, monuments, baselines or elevations Vibration monitoring

Utility locations other than 811

Utility relocation or damages/repairs to utilities not located via 811 Import/export of fill or other material not part of scope

Added costs for unknown site conditions including but not limited to sub-surface obstructions, voids or other that increases quoted material/labor quantities Additional quantities of permanent materials other than specified on plans or scope of work

Additional cost for operations above and beyond what is required by the specified plans or scope of work Final As-built survey

Protection and/or shoring of adjacent structures in any way

Relocation, protection or other of existing vegetation, mangroves or other permitted/protected vegetation or seagrass Repairs for disturbances to existing site conditions

Landscaping and Sod not included Proposal is only good for 10 days.