MANATEE COUNTY PORT AUTHORITY AGENDA

December 18, 2025

10:00 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. Invocation – led by Chaplain Jeff Holton, Anchor House

   
   

3. Pledge of Allegiance

   
   

4. Audience Introductions

   
   

5. Public Comments – all agenda and non-agenda items

   
   

6. Presentation – Charlie Wall, Honeywell

   
   

7. Consent Agenda

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

   
   

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;

Dr. Bob McCann 1st Vice Chairman; Amanda Ballard 2nd Vice-Chairman; Tal Siddique 3rd Vice Chairman; Jason Bearden, Member;

Carol Ann Felts, Member; George Kruse, Member

‌December 18, 2025

AGENDA ITEM 6.: PRESENTATION – CHARLIE WALL, PLANT

DIRECTOR, HONEYWELL

Charlie Wall, Plant Director, joined Honeywell in 2024 through an acquisition. Prior to the acquisition, he built a 16-year career with Air Products & Chemicals, holding a variety of management and engineering positions across the United States and the United Kingdom.

He holds a bachelor’s degree in mechanical engineering from Virginia Tech and an MBA from Temple University. In his current role as Plant Director, Charlie oversees Honeywell’s LNG heat exchanger manufacturing operations in Palmetto, Florida.

Outside of work, Charlie is an avid sports enthusiast - both as a participant and spectator - and enjoys exploring national parks and spending quality time with his wife and two sons.

‌December 18, 2025

1. CONSENT AGENDA

   
   

   1. Warrant List

      
      

   2. Minutes – November 18, 2025

      
      

   3. Budget Resolution

      
      

   4. Additions, Changes and/or Increases to Port Manatee Tariff No. 3

      
      

   5. Election of Port Authority Officers

      
      

   6. Amendment for Extension of Public Transportation Grant Agreement –

      Hopper G2278

      
      

   7. Berth 10 Bollards Replacement Contract Award

      
      

   8. Berth 10 Bollards Replacement Professional Services

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

11/10/2025 to 12/09/2025

Manatee County Port Authority Warrant (Check) Listing

11/10/2025 to 12/09/2025

Manatee County Port Authority Warrant (Check) Listing

11/10/2025 to 12/09/2025

‌MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

COUNTY ADMINISTRATION CENTER, HONORABLE PATRICIA M. GLASS CHAMBERS

1112 Manatee Avenue West Bradenton, Florida November 18, 2025

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

Present were:

Mike Rahn, Chairman

Dr. Bob McCann, First Vice-Chairman Amanda Ballard, Second Vice-Chairman Tal Siddique, Third Vice-Chairman Jason Bearden

Carol Ann Felts George W. Kruse

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 9:05 a.m.

   
   

   AGENDA PA20251118DOC001

2. PUBLIC COMMENTS (All Agenda and non-Agenda items) There were no public comments.

   (Public Comments resumed later in the meeting)

   
   

   ITEMS PULLED FROM CONSENT AGENDA

   There were no items pulled from the Consent Agenda.

   
   

3. CONSENT AGENDA PA20251118DOC002

   A motion was made by Member Siddique, seconded by Member Ballard, and carried 7-0, 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 October 8, 2025, to November 9, 2025

      PA20251118DOC003

   2. MINUTES

      Approved the Minutes of October 16, 2025

   3. BUDGET AMENDMENT

      Adopted Budget Resolution PA-25-25, budgeting $325,577 of Port cash toward insurance deductible and related expenses resulting from Hurricane Milton, and

      $61,000 of Port cash for the replacement of fire sprinkler I Warehouse 8 (Total Budget Port Cash $386,577) PA20251118DOC004

   4. TARIFF NO. 3

      Approved added rates to the Crane Usage Rate Schedule in Port Manatee Tariff No. 3, Item 900 – Crane Operations, Pages 44, 47, 48, 51, 52, and 53, to reflect an

      NOVEMBER 18, 2025 (Continued)

      update to Crane Operations to add bulk, hazardous cargoes, and not otherwise specified task rates (Detailed crane operator qualifications are also added)

      PA20251118DOC005

   5. AMENDMENT FOR EXTENSION OF PUBLIC TRANSPORTATION GRANT AGREEMENT/BERTH 4

      Adopted Resolution PA-26-03, approving and authorizing the Chairman to execute Public Transportation Amendment 6 to Public Transportation Grant Agreement with Florida Department of Transportation (FDOT), for a one-year extension of Berth 4 (Contract G1946), to April 30, 2027, due to delays with permitting (There is no change in FDOT funding, nor Port match requirement) PA20251118DOC006

   6. AMENDMENT FOR EXTENSION OF PUBLIC TRANSPORTATION GRANT AGREEMENT/BERTH REHAB

      Adopted Resolution PA-26-04, approving and authorizing the Chairman to execute Public Transportation Amendment 2 to Public Transportation Grant Agreement with FDOT, for a one-year extension of Berth rehabilitation (G2710), to April 30, 2027, due to delays with permitting (There is no change in FDOT funding, nor Port match requirement) PA20251118DOC007

   7. INTERGOVERNMENTAL COORDINATION AND REVIEW AND PUBLIC TRANSPORTATION COORDINATION JOINT PARTICIPATION AGREEMENT

      Approved and authorized the Chairman to execute Intergovernmental Coordination and Review and Public Transportation Collaborative Planning Agreement with Florida Department of Transportation (FDOT), Sarasota/Manatee Metropolitan Planning Organization (MPO), Tampa Bay Regional Planning Council (TBRPC), Southwest Florida Regional Planning Council (SWFRPC), Manatee County Port Authority, Sarasota Manatee Airport Authority, Manatee County as a Transit System Operator, and Sarasota County Transportation Authority, revising the standing 2015 Agreement to reflect updates to the language in the document, replaces the 2015 Joint Participation Agreement, and reflects expanded coordination requirements, updated statutory references, and clarified role for regional and modal transportation partners PA20251118DOC008

   8. RS&H PLAN DOCUMENTS UPDATE FOR HOPPER AT BERTH 6

      Approved and authorized the Chairman to execute Professional Services Authorization (PSA) 25-03 to RS&H, Inc., in the amount of $23,939, covering updates to hopper plan documents (structural, mechanical, electrical), and project management services for a hopper at Berth 6, pending approval of FDOT (FDOT funding $11,969.50; Port funding $11,969.50)

      PA20251118DOC009

   9. DELETION OF PORT ASSETS

      Authorized deletion of Port Assets as listed on attached Asset Deletion – November 18, 2025, from the Fixed Assets Listing PA20251118DOC010

      (End Consent Agenda)

      
      

4. EXECUTIVE DIRECTOR COMMENTS

   Carlos Buqueras, Executive Director, stated Port Manatee continues to maintain a very healthy balance sheet and invest in infrastructure.

   
   

   There were no further Executive Director comments.

   
   

   PUBLIC COMMENTS (continued)

   By telephone, Glen Gibellina voiced concern on the lack of transparency and accountability. There is no capability for call-in public comments and no live video

   NOVEMBER 18, 2025 (Continued)

   streaming of Port Authority meetings at the Port. All Port Authority meetings should be held in County Commission Chambers for public convenience. Port Authority agendas are not published in a timely manner, and the public was not aware of the Independent Special District agenda item on the previous Port Authority agenda (10/21/25).

   
   

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

   
   

5. AUTHORITY MEMBER COMMENTS

Chairman Rahn stated annual tonnage growth at the Port has far exceeded any record set in the past. He congratulated Mr. Buqueras and his staff.

Member Siddique spoke with Port’s Federal Lobbyist (Corcoran & Associates), and encouraged Authority Members to also reach out to speak with them. Senator Rick Scott supports SeaPort Manatee and all Florida ports.

There were no further Member comments.

ADJOURN

There being no further business, Chairman Rahn adjourned the meeting at 9:11 a.m. Minutes Approved:                     

‌December 18, 2025

CONSENT

AGENDA ITEM 7.C: BUDGET RESOLUTION BACKGROUND:

This resolution budgets the following:

• Decrease of $187,435 of Port cash and $43,425 of Port Capital Improvement expenses to close out the completed Berth 4-14 Harbor Dredge project.

• $11,953,492 from the U.S. DOT INFRA grant for the Intermodal Container Yard Phase 3 which will expand the container yard an additional 16.56 acres, install electrical systems for mobile harbor cranes, construct an access road, and construct approximately three foundations and utilities for future radiation portal monitors.

ATTACHMENT:

Budget Resolution PA-26-06

COST AND FUNDING SOURCE:

Budgets $11,953,492 INFRA grant funding and transfer of $187,435 back to Port cash.

CONSEQUENCES IF DEFERRED:

Delay in budget allocations.

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to adopt Budget Resolution PA-26-06.

RESOLUTION PA-26-06 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:

ADOPTED with a quorum present and voting this on the 18th day of December 2025.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT

By:                                   

BUDGET AMENDMENT RESOLUTION NO. PA-26-06 AGENDA DATE: December 18, 2025

1. Fund: Port Cash

   Port Capital Improvements Section: Berth 4-14 Dredge Project

   Description: Budgets a decrease of $187,435 Port Cash and Port Capital Improvement expense in the amount of $43,425 to close out the Berth Dredge project and transfer to Port Cash.

   
   

   Batch ID: BAAL121825A Reference: BU26000216

   
   

2. Fund: INFRA

Section: Intermodal Container Yard Expansion Phase 3

Description: Budgets $11,953,492 for grant funding for the Intermodal Container Yard Phase 3 project.

Batch ID: BAAL121825A Reference: BU26000211

‌December 18, 2025

CONSENT

AGENDA ITEM 7.D.: ADDITIONS, CHANGES AND/OR INCREASES TO

PORT MANATEE TARIFF NO. 3

BACKGROUND:

On November 6, 2025, tenants and users were invited to Port offices to discuss proposed tariff increases to be effective January 1, 2026. There was one attendee to the proposed tariff increases, which can be discounted based on volume incentives. The majority of the tariff items reflect a 5% increase as annotated in attached tariff pages.

ATTACHMENT:

Port Manatee Tariff No. 3 additions, changes and/or increases effective 01/01/26.

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

Loss of revenue.

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to approve the attached Port Manatee Tariff No. 3 additions, changes and/or increases effective 01/01/2026.

‌December 18, 2025

CONSENT

AGENDA ITEM 7.E.: ELECTION OF PORT AUTHORITY OFFICERS

BACKGROUND:

An election was conducted during the meeting of the Board of County Commissioners on December 2, 2025, of the officers of said Board and the Port Authority. It is appropriate that the election of the Port Authority officers be confirmed at this Port Authority meeting.

ATTACHMENT:

None.

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

N/A.

LEGAL REVIEW: Yes

RECOMMENDATION:

Move to approve, ratify and confirm the election of Mike Rahn as Chairman, Carol Ann Felts as First Vice Chairman, Jason Bearden as Second Vice Chairman and George Kruse as Third Vice Chairman of the Port Authority effective 12:01 a.m. January 1, 2026, to serve for the calendar year 2026, or until their successors are duly elected.

‌December 18, 2025

CONSENT

AGENDA ITEM 7.F: AMENDMENT FOR EXTENSION OF PUBLIC

TRANSPORTATION GRANT AGREEMENT –

HOPPER G2278

BACKGROUND:

On January 25, 2022, the Authority authorized the execution of a PTGA with the Florida Department of Transportation for a hopper at Berth 6 (Contract G2278). The agreement is set to expire on April 30, 2026.

A one-year extension to April 30, 2027, is requested due to current project timeline. There

is no change in the FDOT funding nor the Port’s match requirement.

ATTACHMENT:

PSA 26-05 and Public Transportation Amendment to the Public Transportation Grant Agreement G2278 – Hopper

COST AND FUNDING SOURCE:

No changes in funding

CONSEQUENCES IF DEFERRED:

Delay in approval of grant agreement extensions

LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to adopt Resolution PA 26-05 authorizing the Chairman to execute the Public Transportation Amendment to the Public Transportation Grant Agreement (Contract G2278) with the Florida Department of Transportation for the extension of the hopper project.

Financial Project Number

444277-1-94-05

Contract Number G2278

PA-26-05

A RESOLUTION BY THE MANATEE COUNTY PORT AUTHORITY APPROVING AND AUTHORIZING THE EXECUTION OF THE AMENDMENT FOR EXTENSION OF PUBLIC TRANSPORTATION GRANT AGREEMENT

WHEREAS, the State of Florida Department of Transportation (Department) has offered to enter into an Amendment for Extension of Public Transportation Grant Agreement with the Manatee County Port Authority (Port Authority) to extend the Hopper project Contract G2278 until April 30, 2027, and

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

NOW THEREFORE BE IT RESOLVED by the Manatee County Port Authority

that:

1. The Amendment for Extension of Public Transportation Grant Agreement, identified as State Grant Number G2278 wherein the Department agrees to extend the agreement to April 30, 2027. The Chairman of the Port Authority, or, in the absence of the Chairman, any Vice Chairman of the Port Authority, is authorized to execute the Amendment for Extension of Public Transportation Agreement on behalf of the Port Authority.

   
   

2. The Executive Director, or his authorized representative, is specifically authorized to enter into and execute any amendment or supplement to the Public Transportation Grant Agreement(s) (PTGA) for the limited purposes of scope changes, funding adjustments which do not require additional matching funds from the Authority, contract duration revisions, as well as Assurances, Certifications and other documents as may be required to support this project.

   
   

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

ADOPTED with a quorum present and voting this the 18th day of December, 2025. ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT

CLERK OF CIRCUIT COURT AUTHORITY

By:                           

Chairman

Docusign Envelope ID: EDF4FB2D-B70A-4CE4-B600-967259DF3DEB

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

AMENDMENT FOR EXTENSION OF PUBLIC TRANSPORTATION GRANT AGREEMENT

Form 725-000-04 STRATEGIC DEVELOPMENT

OGC 02/19

DATE: 11/13/2025

TO: Paul Simmons- FDOT

FROM: Amanda Tyner- Manatee County Port Authority SUBJECT: Contract Extension Request

CONTRACT NUMBER: G2278 AMENDMENT NUMBER: 1

FINANCIAL MANAGEMENT NUMBER: 444277-1-94-05

The Public Transportation Grant Agreement (“Agreement”) between the Florida Department of Transportation (“Department”) and Manatee County Port Authority (“Agency”), dated January 27,2022, is scheduled to expire on the 30th day of April, 2026.

The Agency requests an Amendment of the Agreement, to extend the end date of the Agreement to: the 30th

day of April, 2027, for additional time to complete the Project for the following reasons: Due to the current project development timeline, construction is now estimated to begin in January 2026. This adjustment is necessary to allow adequate time for the project to go out to bid and for the bid selection process to be completed.

All other aspects of the project remain on schedule, and we continue to coordinate closely with all relevant partners to ensure readiness for construction once bidding is complete.

The Department agrees to the requested extension of the Agreement. All of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this Amendment on (to be completed by Department).

AGENCY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

By:                                         Name:                                       Title:                           

By:                                                                 Name:  Nicole Mills, P.E.                                          Title: Director of Transportation Development

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

Legal Review:

‌December 18, 2025

CONSENT

AGENDA ITEM 7.G: BERTH 10 BOLLARDS REPLACEMENT

CONTRACT AWARD

BACKGROUND:

The Authority has approved Florida Department of Transportation (FDOT) Grant No. G2M63 to support berth rehabilitation efforts, including the replacement of bollards at Berth 10. The scope of work encompasses the removal and replacement of select concrete deck sections and the refurbishment or replacement of mooring hardware at Berth 10.

An invitation to bid was issued via DemandStar on August 22, 2025. Of the six bids received, Tampa Bay Marine, Inc. (TBM) submitted the lowest responsive and responsible bid at

$489,915.50. The Engineer of Record, Stantec, has reviewed the submissions and recommends awarding the contract to TBM. Approval is requested for the bid amount plus a contingency of $32,626 to support project execution.

During the project’s bidding process, the contract utilized did not reflect all current Florida Statutes. To address this, a First Amendment was prepared to update the agreement with the applicable statutes.

ATTACHMENT:

• Invitation to Bid

• Bid Tabulation

• Stantec Recommendation

• Contract

• First Amendment

  
  

  COST AND FUNDING SOURCE: $391,906.12 FDOT and $130,635.38 Port

  
  

  CONSEQUENCES IF DEFERRED:

  Delay in commencement of Berth 10 Bollards Replacement Project.

  
  

  LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

• Move to approve and authorize the Chairman to execute the contract between the Manatee County Port Authority and Tampa Bay Marine, Inc. for the Berth 10 Bollards Replacement project, in the amount of $489,915.50, plus a contingency of $32,626, subject to receipt of all required bonds and insurance, and FDOT approval.

• Move to approve and authorize the Chairman to execute the First Amendment between the Manatee County Port Authority and Tampa Bay Marine, Inc. with applicable Florida Statutes for the Berth 10 Bollards Replacement project.

BIDCOVER SHEET

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PORT MANATEE

BERTH 10 BOLLARDS REPLACEMENT

SECTION 00 52 13 AGREEMENT FORM

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

This Agreement is dated as of the   18th        day of   December   in the year 2025_by and between Manatee Count Port Authority (“Owner”) and Tampa Bay Marine Inc., who is registered and licensed to do business in the State of Florida (“Contractor”). Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1. Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as the furnishing, delivering, and installing all materials, equipment, incidentals and services, including labor, for the Work which generally includes, but is not necessarily limited to the Project described below in Article 2.

ARTICLE 2 – THE PROJECT

1. The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Bollard replacements and concrete repairs as indicated on the Drawings and as specified herein.

2. All Work for the Project shall be constructed in accordance with the Drawings and Specification prepared by Stantec Consulting Services, Inc.

ARTICLE 3 – ENGINEER

1. The Owner has retained Stantec Consulting Services, Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of the Engineer of Record, 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 Stantec Consulting Services, Inc.

3. The Owner will retain a third party construction material testing firm (“Owner’s Site Testing Representative”) to perform on site testing and inspections assume construction materials inspection duties and responsibilities, assigned to Owner’s Representative in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

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.

01103266-4

This Section is a MODIFIED version of EJCDC® C-520 , Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

PORT MANATEE

BERTH 10 BOLLARDS REPLACEMENT

1. Contract Times: Days

   1. The Work, including add-alternates if elected by Owner, will be substantially completed within 270 calendar 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 within 45 calendar days after substantial completion.

2. 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 direct financial and other losses if the Work is not completed within the Contract Times and Milestones are not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. 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 in Paragraph 4.01.A. 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 Milestones, if any, Substantial Completion and final completion are not additive and will not be imposed concurrently.

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

   3. These amounts represent a reasonable estimate of Owner’s expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay.

   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.

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, and (2) 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

   
   

   01103266-4

   PORT MANATEE

   BERTH 10 BOLLARDS REPLACEMENT

   
   

   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 in addition 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 (Pay Item No 1), 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 (Completed after Award)
      Pay Item No.	Description	Unit	Estimated Quantity	Unit Price	Extended Price
      1	Lump Sum Bid Price (Mobilization & Demobilization)				$90,610.00
      2	Concrete Removal	CY	33	$2,975.00	$98,175.00
      3	Clean and Recoat Existing Bollards	EA	2	$9,653.00	$19,306.00
      4	Furnish and Install Bollard	EA	5	$24,865.00	$124,325.00
      5	Concrete	CY	33	$683.00	$22,539.00
      6	Steel Reinforcement	LB	3,500	$9.00	$31,500.00
      7	Post-Installed Adhesive Dowel	EA	55	$467.00	$25,685.00
      8	Concrete Spall Repair	CF	41	$701.00	$28,685.00
      9	Bull Rail Painting	LF	537	$43.50	$23,359.50
      10	Crushed Concrete	CY	10	$260.00	$2,600.00
      11	#57 Stone	CY	20	$325.00	$6,500.00
      12	Flowable Fill	CY	10	$617.50	$6,175.00
      13	#4 Stone	CY	20	$520.00	$10,400.00
      Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities)					$489,915.50

      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,

      
      

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      estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

   3. C. 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 account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the first 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. 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. Ninety-five (95) percent of Work completed (with the balance being retainage), and

         2. Ninety-five (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 one-hundred (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 one hundred (100) 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 15 calendar days following receipt of the list from the Contractor, Owner must review and revise the list as necessary to reach final completion. The Owner’s review may be extended by 10 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

      
      

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      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.

3. Final Payment

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

ARTICLE 7 – CONTRACT DOCUMENTS

1. Contents

   1. The Contract Documents consist of all of the following:

      1. This Agreement (Section 00 52 13 – pages 1 to 12)

      2. Bonds:

         1. Performance bond (together with power of attorney) (Section 00 61 13.13 pages 1 – 5)

         2. Payment bond (together with power of attorney) (Section 00 61 13.16 pages 1 – 4)

      3. General Conditions (EJCDC C-700 2018). (pages 1 – 5) (pages 1 – 70)

      4. Supplementary Conditions (SC-1.01 – SC 18.17) (pages 1 – 43)

      5. Specifications, Permits and Reports as listed in the table of contents of the project manual (copy of list attached).

      6. Drawings (not attached but incorporated by reference) consisting of 3 sheets with each sheet bearing the following general title: SeaPort  Manatee  Berth  10  Bollards Replacements, listed on the following sheet index.

         General

         
         

         		1	KEY SHEET
         		2	PLAN AND GENERAL NOTES
         		3	TYPICAL DETAILS
         7.

         1. Addenda (numbers _1  to _4_, inclusive). (Section 00 41 13 – page 3 of 7)

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

            
            

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            1. Final list to be per Agreement

            2. Invitation to Bid. (Section 01 11 13 pages 1 – 3)

            3. Qualification Statement (Section 00 11 53 pages 1 – 24)

            4. Instructions to Bidders (Section 00 52 13 pages 1 – 17)

            5. Contractor’s Bid (Section 00 41 13 pages 1 – 7)

            6. Subcontractor list

         3. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto (samples of the forms are included):

            1. Notice to Proceed

            2. Work Change Directives

            3. Change Order(s)

            4. Permit Modifications and/or Amendments.

            5. Contractor’s Affidavit. (Section 00 43 27 pages 1 – 3)

            6. State of Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) Contract Number G1946 for its applicable conditions and restrictions.

            7. Warranty Bond, if any.

         4. 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

1. Contractor’s 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.

         PORT MANATEE

         BERTH 10 BOLLARDS REPLACEMENT

         
         

      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: (1) 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 and Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the General and Supplementary 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 1) the location, layout, and nature of the Site and surrounding areas, 2) generally occurring climate and weather conditions, and 3) anticipated labor, supply and costs; and 4) 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 Supplementary 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 Contractor; and (3) 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, discrepancies between the site conditions and 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 Contract 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.

PORT MANATEE

BERTH 10 BOLLARDS REPLACEMENT

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.

2. In addition to any requirements listed above in section 9.01, Contractor acknowledges its review of FDOT Grant #G1946 and agrees to strictly comply with all of the terms and conditions of FDOT Grant #G1946.

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.

      PORT MANATEE

      BERTH 10 BOLLARDS REPLACEMENT

      
      

      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 Contractors 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. 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 10.05:

            
            

            01103266-4

            PORT MANATEE

            BERTH 10 BOLLARDS REPLACEMENT

            
            

            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.

         2. Contract shall pay promptly and before final payment, any claims or liens incurred in and about this work, and to execute a Contractor’s affidavit for final payment.

      6. 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. 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

            PORT MANATEE

            BERTH 10 BOLLARDS REPLACEMENT

            
            

            litigation arising from this Contract, each party shall be solely responsible for paying its attorney’s fees and costs.

         3. 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.

         4. 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.

         5. 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.

         6. Contractor has reviewed and agreed to comply with the applicable Port Manatee Tariff provisions 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.

         7. 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.

         8. 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.

         9. 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.

         10. Owner stipulates that if the Section 00 72 00, 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), or in the Supplementary Conditions.

             PORT MANATEE

             BERTH 10 BOLLARDS REPLACEMENT

             
             

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

             
             

             This Agreement will be effective on---'--''2""'0"""2�5 (which is the Effective Date of the Contract).

             
             

             By:

             
             

             Title:

             {If Contractor is a corporation, a partnership, or a joint venture, at ch evidence of authority to

             sign.)

             L

             OWNER:

             
             

             Manatee County Port Authority By:

             Title:         Chairman                        

             
             

             Attest:                                                                 Attest:

             
             

             Title: Title:

             
             

             Address for giving notices:

               Manatee County Port Authority                    300 Tampa Bay Way

             Address for giving notices:

                      Po�)(._            zso        

               Palmetto FL 33221                                              fy.rc.\O\ e._�\?"�"'�V'I\Cl.-{lN.\11"(.,•(P \rO

             License No.: C &, C. I 5 3 4 0 22-

             (where applicable)

             
             

             
             

             END OF SECTION 00 52 13

             CONTRACTOR to attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.

             
             

             01 !03266-4

             AGREEMENT FORM 8/22/2025 ISSUED FOR BIDDING 00 52 13 - 12 of 12

             Anti-Human Trafficking Affidavit

             Instructions: This form must be completed by an officer or representative of an entity entering into, renewing, or extending, a contract with SeaPort Manatee.

             The undersigned, on behalf of "Ji_'l)Jf!p. �      Hp<1Y'( . I\I\.{_ ("Contractor"), hereby attests as follows: /

             1. Contractor understands and affirms that Section 787.06(13), Florida Statutes, prohibits the SeaPort Manatee from executing, renewing, or extending a contract to entities that use coercion for labor or services, with such terms defined as follows:

                • "Coercion" means: (1) using or threatening to use physical force against any person; (2) restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; (3) using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; (4) destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; (5) causing or threatening to cause financial harm to any person; (6) enticing or luring any person by fraud or deceit; or (7) providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03, Florida Statutes, to any person for the purpose of exploitation of that person.

                • "Labor" means work of economic or financial value.

                • "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs.

             2. Contractor hereby attests, under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes.

             
             

             I, the undersigned, hereby represent that I make the above attestation based upon personal knowledge; am over the age o c.;,,--,, ...- t to make the above attestation; and am authorized to legally bind behalf of Vendor. Under penalties

             true.

             .,,-.-

             of perjury, I declare that I and that the facts stated in it are

             
             

             
             

             \kr�

             STATE OF V\Ct<",t · COUNTY OF \.:t \ 

             Date: I?./ "Bl 2.S

             Title: G2:!f �l.-i!v,

             The foregoing instrument was acknowledged before me by means of D physical presence or D online notarization, this �day of Oe.�c ,20 Z.�, by �co        �c.u.1 ,as

             :0:�'.&:x�i"'\w·,,,\«,on behalf of the company/corporation. They � are personallyknown to me or

             D have pro uced                         as identification.

             
             

             �            

             .........�•··· My Comm. Exptres Nov 15 202

             Bonded throug1Ni ational Notary Ass:.

             •Jo,- �l Commission # HH 460506

             ,;j Notary Public • State of Florida

             /f��v-:t; KIMBERLY AMECKLEY

             i

             Name of tary Type , Printed or Stamped My Commission Expires: ,s"'""�� o.,.. 2027

             Tabulation Sheet

             
             

             Agency Name Manatee County Port Authority

             
             

             Bid Number ITB-ITB-20250820-1-2025/RH-0-2025/JDG

             
             

             Bid Name Berth 10 Bollards Replacement Bid Due Date 09/30/2025 14:00:00 Eastern Bid Opening Closed

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

             	Company	Responded	Address	Bid Amount	Alt Bid Amount	Declared Attributes	Documents	Sent
             Complete
             1 . 2 . 3 .							Drug Free Business Form (if applicable)
             							Completed and Signed Instructions To Bidders
             							Bonds
             							Completed and Signed Trench Safety Affidavit
             							Certificate of Compliance with Trench Safety Form
             	Flores Construction Co.	09/30/2025 11:21:18 Eastern	5004 East Fowler Avenue #C-335, Tampa, FL, 33617	$788391.0000	0.0000	Hispanic Owned	Payment Bond Performance Bond 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
             							Drug Free Business Form (if applicable)
             							Completed and Signed Instructions To Bidders
             							Bonds
             							Completed and Signed Trench Safety Affidavit
             							Certificate of Compliance with Trench Safety Form
             							Payment Bond
             	Gonzalez & Sons Equipment, Inc.	09/30/2025 09:26:52 Eastern	14450 NW 102nd Avenue, Hialeah, FL, 33018	$647900.0000	0.0000		Performance Bond 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
             							Drug Free Business Form (if applicable)
             							Completed and Signed Instructions To Bidders
             							Bonds
             	Russell Marine LLC	09/30/2025 13:37:37 Eastern	16740 I-10 East Freeway, Channelview, TX, 77530	$496947.0000	0.0000		Completed and Signed Trench Safety Affidavit Certificate of Compliance with Trench Safety Form Payment Bond Performance Bond
             							Completed and Signed Bid Form
             							Written Evidence For Qualifications
             							Subcontractor Qualification Information

             
             

             4 . 5 . 6 .							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
             							Drug Free Business Form (if applicable)
             							Completed and Signed Instructions To Bidders
             							Bonds
             							Completed and Signed Trench Safety Affidavit
             							Certificate of Compliance with Trench Safety Form
             							Payment Bond
             	TADEOS ENGINEERING LLC	09/29/2025 22:11:32 Eastern	14030 NW 82nd Ave, Miami Lakes, FL, 33016	$424531.7500	0.0000		Performance Bond 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
             							Drug Free Business Form (if applicable)
             							Completed and Signed Instructions To Bidders
             							Bonds
             							Completed and Signed Trench Safety Affidavit
             							Certificate of Compliance with Trench Safety Form
             							Payment Bond
             	Tampa Bay Marine, Inc.	09/30/2025 10:23:29 Eastern	11889 us hwy 41 s , Gibsonton, FL, 33534	$489915.5000	0.0000	Small Business, Woman Owned	Performance Bond 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
             							Drug Free Business Form (if applicable)
             							Completed and Signed Instructions To Bidders
             							Bonds
             							Completed and Signed Trench Safety Affidavit
             							Certificate of Compliance with Trench Safety Form
             							Payment Bond
             	Tampa Contracting Services, Inc.	09/30/2025 13:14:30 Eastern	11010 US Highway 41 North, Palmetto, FL, 34221	$762312.0000	0.0000	Small Business	Performance Bond 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

             HS Hicks, Scott<ScottHiclcs@stantec.com> To: eJoh.nGtass; OGeorgeIsiminger

             Cc eRobert Howard; Gamache, Ouistoptier <ctiristopher.gamache@stantec.com>; Howell, Thomas <thomas.howell@stantec.com>

             Q "-- Reply "-- Reply all r> Forward

             Tue 10/14/2025 3:10 PM

             Based on our review of the Tampa Bay Marine, their bid appears substantially responsive. The only rtem that I see missing is proof of insurance. They do list their insurance carriers on page 53 of the Qualifications Statement. But I donot see any specific detailed coverage information.

             For being Responsible. TBMhas a fully completed qualifications form with relevant project experience fromtheir past projects, meeting the minimumnumber ofrequired projects. They have also provided the required number ofreferences. Past project experience includes similar berth repair/rehabilitation work wrth twoprojects at Port Tampa and one project at a Kinder Morgan facility (location not specified). Based on the information provided, I would assess TBM as·responsible".

             Scott

             
             

             Scott Hicks, PE

             Principal, Por1& Marine Terminals

             
             

             
             

             Caution: This em.ail on ted from out:nde ofStantec Please take extra ecaution_

             Attention: Ce coumel ov1ent de l'exteflem de Staniec Veuillez endre des ecauttons su lententaires

             AtenciOn: Este correo elec.t:r6ruco onene de fuera de Stantec Por fa'\'or tome ecauc10nes adic10nales

             () Stantec

             
             

             
             

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             RFP Response Review for Berth 10 Mooring Bollards

             
             

             Bidder                                       Responsive    Responsible         Bid Price      Actual Price   Ranking         

             Tadeos Engineering, LLC	$ 424,531.75 $ 425,451.75
             Tampa Bay Marine Inc	$ 489,915.50
             Russell Marine LLC	$ 496,947.00
             Gonzalez & Sons Equipment	$ 647,900.00
             Tampa Contracting Services, Inc.	$ 762,312.00
             Flores Construction	$ 788,391.00

             
             

             Bid Unit Price

             
             

             
             

             $ 529,361.50

             
             

             $ 525,397.00

             1 $90,610.00

             Pay Item No.	Description	Tadeos Engineering, LLC	Tampa Bay Marine Inc	Russell Marine LLC	Gonzalez & Sons Equipment	Tampa Contracting Services, Inc.	Flores Construction	Quantities	Tampa Bay Marine Inc
             1	Lump Sum Bid Price	$262,737.50	$90,610.00	$150,000.00	$8,216.02	$178,397.00	$515,216.00	1	$90,610.00	$90,610.00
             2	Concrete Removal	$345.00	$2,975.00	$3,325.00	$7,462.76	$7,485.00	$1,000.00	33	$98,175.00	$2,975.00
             3	Clean and Recoat Existing Bollard	$1,725.00	$9,653.00	$1,500.00	$9,552.50	$13,000.00	$2,500.00	2	$19,306.00	$9,653.00
             4	Furnish and Install Bollard	$19,848.00	$24,865.00	$22,500.00	$35,511.40	$29,900.00	$22,500.00	5	$124,325.00	$24,865.00
             5	Concrete	$460.00	$683.00	$525.00	$1,271.09	$1,040.00	$300.00	33	$22,539.00	$683.00
             6	Steel Reinforcement	$1.38	$9.00	$2.00	$11.72	$1.95	$3.00	3,500	$31,500.00	$9.00
             7	Post-Install Adhesive Dowel	$92.00	$467.00	$25.00	$174.65	$325.00	$100.00	55	$25,685.00	$467.00
             8	Concrete Spall Repair	$161.00	$701.00	$1,800.00	$1,551.85	$1,950.00	$1,000.00	41	$28,741.00	$701.00
             9	Bull Rail Painting	$17.25	$43.50	$6.00	$38.09	$20.00	$75.00	537	$23,359.50	$43.50
             10	Crushed Concrete	$92.00	$260.00	$225.00	$321.00	$130.00	$250.00	10	$2,600.00	$260.00
             11	#57 Stone	$92.00	$325.00	$275.00	$197.35	$130.00	$250.00	20	$6,500.00	$325.00
             12	Flowable Fill	$402.50	$617.50	$525.00	$746.10	$520.00	$300.00	10	$6,175.00	$617.50
             13	#4 Stone	$92.00	$520.00	$300.00	$274.05	$130.00	$250.00	20	$10,400.00	$520.00

             33 $98,175.00

             2 $19,306.00

             5 $124,325.00

             50 $34,150.00

             3500 $31,500.00

             100 $46,700.00

             41 $28,741.00

             537 $23,359.50

             10 $2,600.00

             20 $6,500.00

             10 $6,175.00

             20 $10,400.00

             $489,915.50 $522,541.50

             First Amendment to Agreement between Owner and Contractor for Construction Contract (Stipulated Price)

             This First Amendment to Agreement between Owner and Contractor for Construction Contract (Stipulated Price) (“First Amendment”) is made this    18th   day of

             _December       , 2025 (“Effective Date”), between the Manatee County Port Authority (“Owner”) and Tampa Bay Marine Inc. (“Contractor”)(collectively the “Parties”), and shall amend and supplement that certain Agreement entered into by and between the Parties dated _December 18, 2025_.

             WITNESSETH

             WHEREAS, all capitalized terms used in this First Amendment, which are not otherwise defined in this First Amendment, shall have the same meaning as set forth in the Agreement entered into by and between the Parties dated   December 18, 2025_ (“Agreement”); and

             WHEREAS, the Parties entered into the Agreement for the Contractor to perform a Berth 10 Bollards Replacement project for the Owner; and

             WHEREAS, the Agreement was procured by the Owner pursuant to the Owner’s competitive procurement process in early 2025 and used form documents for the Contract Documents; and

             WHEREAS, several bills were passed by the Florida Legislature in 2025 and took effect in July, 2025, and the Owner has since updated the forms it used for the Contract Documents to account for these bills and make necessary changes; and

             WHEREAS, the Parties wish to amend the Agreement to include the changes that the Owner has made to its forms for the Contract Documents.

             NOW THEREFORE, in consideration of the mutual covenants and consideration provided in this First Amendment, it is agreed by the Parties that the Agreement is amended as follows:

             1. RheerceiitnalbsyArecfkenreonwclee.dged. The foregoing recitals are true and correct and are incorporated

             2. Amendment to Section 4.1 of the Agreement. Section 4.1 of the Agreement is amended as follows:

                1. Contract Times: Days

                   1. The Work, including add-alternates if elected by Owner, will be substantially completed within 270 calendar 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 within 45 calendar days after substantial completion or from the date the final punch-list.

             3. Amendment  to  Subsection  6.2(B)  of  the  Agreement. Subsection 6.2(B) of the Agreement is deleted in its entirety and replaced to read as follows:

   2.      Payment upon Substantial Completion shall be in accordance with Paragraph

      15.03 of the General Conditions.

      1. Amendment  to  Subsection  6.2(C)  of  the  Agreement. Subsection 6.2(C) of the Agreement is deleted in its entirety and replaced to read as follows:

   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.