A meeting of the Manatee County Port Authority will be held during a meeting of the Board of County Commissioners of Manatee County Tuesday, July 23, 2019, at 11:00 A.M., or as soon as is practicable, in the Patricia M. Glass Commission Chambers on the first floor of the County Administrative Center at 1112 Manatee Avenue West, Bradenton, Florida

MANATEE COUNTY PORT AUTHORITY AGENDA July 23, 2019‌

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

CALL TO ORDER

Public Comments

1. Consent Agenda

   
   

2. Berth 4 Extension Investigation Engineering Services Contract

   
   

3. Barge Mooring Piles Installation Contract Award

   
   

4. Carver Maritime, LLC Lease Amendment One

Executive Director Comments Public Comments Commissioner Comments

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

Vanessa Baugh, Chairman

Priscilla Whisenant-Trace, 1st Vice-Chairman; Reggie Bellamy, 2nd Vice-Chairman; Betsy Benac, 3rd Vice-Chairman; Stephen R. Jonsson, Member;

Misty Servia, Member; Carol Whitmore, Member

July 23, 2019

1. CONSENT AGENDA

   
   

   1. Warrant List

      
      

   2. Minutes June 20, 2019

      
      

   3. Budget Resolution

      
      

   4. Contract for Professional Lobbying Services Jocelyn Hong and Associates, LLC

Manatee County Port Authority Warrant (Check) Listing

06/13/2019 to 07/11/2019

Manatee County Port Authority Warrant (Check) Listing

06/13/2019 to 07/11/2019

Manatee County Port Authority Warrant (Check) Listing

06/13/2019 to 07/11/2019

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

PORT MANATEE INTERMODAL CENTER, THIRD FLOOR

1905 Intermodal Circle Palmetto, Florida

JUNE 20, 2019

Present were:

Vanessa Baugh, Chairman

Priscilla Whisenant Trace, First Vice-Chairman Reggie Bellamy, Second Vice-Chairman

Betsy Benac, Third Vice-Chairman Stephen R. Jonsson

Misty Servia

Absent was:

Carol Whitmore

Also present were:

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

Julie Jensvold, Accountant, Clerk of the Circuit Court

Vicki Ayles, Finance Operations Manager, Clerk of the Circuit Court Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court Amy N. Beck, Clerk I, Clerk of the Circuit Court

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

INVOCATION AND PLEDGE OF ALLEGIANCE

The Invocation was delivered by Rich Lewman, Anchor House Chaplin, followed by the Pledge of Allegiance.

INTRODUCTIONS

Members of the audience introduced themselves.

PUBLIC COMMENTS

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

AGENDA/UPDATE AGENDA PA20190620DOC001

1. PRESENTATION-LEWIS, LONGMAN, AND WALKER OFFICE

   Carlos Buqueras, Port Authority Executive Director, introduced staff from the Law Office of Lewis, Longman, and Walker (LLW), Port Authority Attorney and State Lobbyist.

   
   

   Chris Lyon, LLW, utilized a slide presentation to update the Authority on the 2019 legislative session and reviewed how the State’s 2020 budget could affect Port Manatee. Port Manatee was granted $1.75 million for seagrass mitigation and a stormwater quality study.

   He provided a synopsis of passed and failed bills presented before the State’s House of Representatives and Senate.

   
   

   Steve Lewis, LLW, thanked the Port Authority for allowing LLW to represent the Port during the State’s legislative session. LLW crafted a bill proposal for Port Manatee to own the submerged

   JUNE 20, 2019 (Continued)

   
   

   land touching the County which would allow for port expansion. Hillsborough County was granted ownership of the submerged land in the 1950’s.

   Discussion ensued on local government bills and if these bills include the Port Authority.

   Mr. Lyons clarified that the local government bills focused on municipalities and County government. Special agencies like shipping ports and airports are not a part of the local government bills, but sometimes exceptions are made for their inclusion. PA20190620DOC002

2. CONSENT AGENDA PA20190620DOC003

   A motion was made by Member Trace, seconded by Member Jonsson, and carried 6 to 0 with Member Whitmore absent, 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 the Warrant (Check) Listing from May 13, 2019 to June 12, 2019 as submitted by the Clerk PA20190620DOC004

   2. MINUTES

      Approved the minutes of June 6, 2019 PA20190620DOC005

   3. BUDGET RESOLUTION

      Adopted Budget Resolution PA-19-18, for roof repairs to Warehouses 9 and 3 in the amount of $90,700 PA20190620DOC006

   4. DELETION OF PORT ASSETS

      Removal of the assets as listed in the attached Asset Deletion, June 20, 2019 from the Fixed Assets Listing PA20190620DOC007

      (End of Consent Agenda)

3. WAREHOUSE 9 ROOF REPAIR CONTRACT AWARD

A motion was made by Member Benac, seconded by Member Trace, and carried 6 to 0 with Member Whitmore absent, to approve and authorize the Executive Director, or in his absence his designee, to execute the contract between the Manatee County Port Authority and U.S. Coating Specialist in the amount of $90,700 for Warehouse 9 roof repair conditioned upon the receipt of acceptable bonds within 10 days. PA20190620DOC008

EXECUTIVE DIRECTOR COMMENTS

Carlos Buqueras, Port Authority Executive Director, utilized a slide presentation to comment on the following:

• National Maritime Day and the wreath laying ceremony;

• Port Manatee Propeller Club awarded college scholarships to three local high school graduates;

• Port Manatee is to host the International Hub Trade Summit on August 28, 2019;

• Port Manatee Security team participated in the National Homeland Security Conference in Phoenix Arizona;

• Provided an update on the 2019 Jacksonville Port Authority (JAXPORT) Logistics and Intermodal Conference; and

• Port Manatee staff attended the 18th Caribbean Shipping Executives Conference held in Jamaica 20190620DOC009

  JUNE 20, 2019 (Continued)

  
  

  Ivan Mutis, GM&L Strategic Consultants for New Markets explained the International Trade Summit goals are aimed at inviting new businesses from Latin American countries for building future partnerships. 20190620DOC010

  
  

  Che Barnett, Redevelopment and Economic Opportunity Coordinator, provided a summary of the County’s attempts to encourage private relationships by exposing the community to the potentials of international trade at Port Manatee.

  
  

  PUBLIC COMMENTS

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

  PORT AUTHORITY COMMENTS

  Member Benac

  • Requested an update on the Freight Advisory Committee that involves the larger counties.

    Member Bellamy

  • Requested an invitation to the International Trade Summit hosted by Port Manatee in August

    Chairman Baugh

  • Provided an update on the meeting with Florida Department of Transportation (FDOT) and Metropolitan Planning Organization Advisory Council (MPOAC) and the County’s intentions of becoming involved with the Freight Advisory Committee

ADJOURN

There being no further business, Chairman Baugh adjourned the meeting at 9:42 a.m.

Minutes Approved:

July 23, 2019

CONSENT

AGENDA ITEM 1.C: BUDGET RESOLUTION BACKGROUND:

This resolution budgets $210,000 for the installation of fourteen (14) bare steel pipe piles to facilitate a barge mooring facility.

ATTACHMENT:

Budget Resolution PA-19-19.

COST AND FUNDING SOURCE:

Port cash of $160,000 and $50,000 contribution

CONSEQUENCES IF DEFERRED:

Delay in budget allocations

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to adopt Budget Resolution PA-19-19.

RESOLUTION PA-19-19 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2018-2019

WHEREAS, Florida Statutes 129.06, 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 2018-2019 budget is hereby amended in accordance with Section 129.06, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:

ADOPTED with a quorum present and voting this the 23rd day of July 2019.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT

By:

BUDGET ADMENDMENT RESOLUTION NO. PA-19-19 AGENDA DATE: July 23, 2019

1) Fund: Port Capital Improvement Contribution

Section: Barge Mooring Pilings

Description: Budgets $210,000 for the installation of fourteen (14) bare steel pipe piles to facilitate a barge mooring facility which includes a $50,000 contribution.

Batch ID: BADS072319/JL Reference: BU19000415

July 23, 2019

CONSENT

AGENDA ITEM 1.D: CONTRACT FOR PROFESSIONAL LOBBYING

SERVICES JOCELYN HONG AND ASSOCIATES, LLC

BACKGROUND:

On January 17, 2013, the Port Authority approved a contract with Twenty First Century Group (TFCG) and several amendments thereto for professional federal lobbying services. Jocelyn Hong, the lead representative of TFCG for Port matters, has formed her own firm named Jocelyn Hong and Associates, LLC (JHA). Jack Fields, CEO of TFCG, has provided written approval for the termination of the contract with TFCG upon execution of a new agreement with Jocelyn Hong and Associates, LLC. Port staff wishes to continue to obtain assistance from JHA and has prepared the Contract for Professional Services with JHA at the same compensation rate as TFCG.

ATTACHMENT:

Contract for Professional Services

COST AND FUNDING SOURCE:

$5,000 per month included in FY 2018/2019 approved budget

CONSEQUENCES IF DEFERRED:

Delay in contract execution

LEGAL REVIEW: Yes RECOMMENDATION:

Move to approve and authorize execution on behalf of the Port Authority the Contract for Professional Services between the Manatee County Port Authority and Jocelyn Hong and Associates, LLC.

CONTRACT FOR PROFESSIONAL SERVICES

This Contract for Professional Services (the "Agreement") is entered by and between the Manatee County Port Authority ("Port"), a political entity of the State of Florida, with its principal place of business located at Port Manatee, 300 Tampa Bay Way, Palmetto, Florida 34221, and the lobbying firm, Jocelyn Hong and Associates, LLC ("JHA"), a foreign corporation, located at 2346 S. Queen Street, Arlington, VA 22202, (collectively, the "Parties").

WHEREAS, the Principal and CEO of JHA, Ms. Jocelyn Hong Lowe, also known professionally as "Jocelyn Hong", has represented the Manatee County Port Authority, in communicating with United States Congress, the office of the President, and federal regulatory agencies (the federal government); and

WHEREAS, on January 17, 2013, the Authority and Ms. Jocelyn Hong as the lead representative of TFCG entered into a Contract for Professional Services wherein TFCG would represent the Authority in communicating with the United States Congress federal government, as well as assisting Port officials in enhancing their relationship with the federal government; and

WHEREAS, subsequently, the Authority and Ms. Jocelyn Hong as the lead representative of TFCG entered into multiple amendments to the Contract for Professional Services wherein the term of the Contract was extended and clarifications were made to the services to be provided, and an increase to the monetary fee for professional services; and

WHEREAS, Ms. Jocelyn Hong has recently decided to form her own firm, JHA; and

WHEREAS, the Manatee County Port Authority wishes to continue to obtain assistance from JHA with governmental relations expertise to work with Port officials to enhance relationships with the federal government and JHA desires to provide such services; and

WHEREAS, the Parties have agreed to the terms under which JHA will represent the Port and wish to memorialize their agreement in writing.

NOW, THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows:

1. SCOPE OF GOVERNMENTAL RELATIONS PROFESSIONAL SERVICES:

   
   

   1. JHA will provide Governmental Relations professional services to the Port and represent the Port on matters before the legislative and executive branches of the federal government. All such services will include consultation with the Port through its Port Authority

      and professional staff. The Executive Director or his/her designee(s) will be the Port's primary point of contact. The Executive Director will from time to time inform JHA of his/her designee(s).

      
      

   2. All Governmental Relations work shall be carried out in accordance with general policies and goals set by the Port. The Executive Director's designee shall communicate the Port's priorities and positions to JHA, and will also independently monitor legislative proposals, agency actions, funding opportunities or threats, and circulate those to pertinent Port staff for review, comment and possible instruction to JHA.

      
      

   3. The services and assistance JHA shall provide to the Port shall generally include:

      1. monitoring legislative or executive initiatives which may affect the Port or its revenues, expenses, authority, status or other goals, objective or policies, and communicating such initiatives to the Port;

         
         

      2. advocating Port positions and priorities to the Congress, President' s office, and executive agencies;

         
         

      3. providing more detailed advise, analysis and research relating to issues of importance to the Port, and suggesting strategies for responding or reacting to threats, challenges or opportunities in the legislative or regulatory realm;

         
         

      4. helping the Port develop legislative and executive branch lobbying strategies, and implementing such strategies during each congressional session;

         
         

      5. advocating for congressional appropriations and other available federal agency-administered funding available to the Port, and assisting Port staff in the identification of new funding sources or opportunities; and

         
         

      6. providing periodic reports to the Port's elected Commissioners , which may include presentations in person, or via phone or video conference;

         
         

   4. In addition to these general duties, JHA understands that it shall place primary focus upon the following specific Port priorities:

      
      

   5. The Port acknowledges effective Governmental Relations services are greatly impacted by individual experience and firmly established relationships with elected and appointed officials and their staffs. The Port agrees that the services called for in this Agreement will primarily be provided by Jocelyn Hong. While other members of JHA or their support staff may assist in providing such services, Jocelyn Hong will remain primarily assigned to this account, and shall not assign any other persons to be the primary representatives for the Port absent prior written approval of the Port. JHA shall ensure that all relevant laws, rules and procedures applicable to lobbyists performing such services are complied with at all times.

   6. In performing its duties related to providing information and updates to the Port' s Authority members and professional staff, particularly during congressional sessions, JHA shall employ methods of communication, including e-mails and telephone, designed to quickly convey important developments. In performing these duties, JHA shall make every reasonable effort to deliver concise and up-to-date information, tailored where possible to information and formats the Port informs JHA it would find most useful. In reporting results to the Port, JHA shall articulate the unique efforts it made in reaching the results claimed. JHA recognizes and acknowledges that as it is performing work for a political subdivision of the State of Florida, it must keep and preserve all records related to its performance of services under this Agreement as required by the Florida Public Records Act and shall surrender same to the Port upon request in accordance with section 5 of this Agreement.

      
      

   7. Some specific services and assistance JHA shall provide to the Port include:

      
      

      1. JHA will provide federal consulting services to secure $3.185 million in funds in the Energy and Water Development Appropriations bills and subsequent Administration Work Plans for the operation and maintenance of the Manatee Harbor entrance channel and Tampa Bay Ship Channel which connects worldwide shipping lanes to Port Manatee for FY 2020 and 2021.

         
         

      2. Advocate for of Operation and Maintenance funding in the Energy and Water Development Appropriations bill and subsequent Administration Work Plan for the continuation of improvements to the Port Manatee Dredge Material Disposal Facility for Fiscal Years 2020 and 2021, in the amount requested by the Jacksonville District, Corps of Engineers.

         
         

      3. JHA will continue efforts with the Port and its consultants to develop and implement a strategy to encourage the Corps to appropriate funds to provide for reimbursement for the past dredging of the south channel extension. An Integral Determination Report (IDR) has been issued and provides a path forward to receiving reimbursement for federally eligible construction activities previously undertaken by the Port. JHA will continue to coordinate a federal strategy to press the Corps on this matter.

         
         

      4. JHA will support efforts to continue to obtain funds under the Port Security Grant Program.

         
         

      5. JHA will provide congressional and executive support for efforts to obtain a BUILD grant.

         
         

      6. JHA to support efforts to advocate to the Administration and to Congress to recommend full use of the Harbor Maintenance Tax collected from shippers for the sole purpose of federal navigation channel maintenance .

         
         

         011 44027-1 00163537-2 3

      7. JHA will continue to push efforts to build support for Port Manatee as the Premier Port of Florida, per the Vision Plan recently proposed, and support efforts to find funding, including building congressional and executive support for non-domestic revenue.

         
         

2. COMPENSATION; TERMINATION.

   
   

   1. The Port agrees to compensate the p ofessional services described herein based upon a monthly retainer fee of $5,000 per month. Payments shall be made within the time required by the Florida Prompt Payment Act upon receipt of valid invoices from JHA. JHA agrees to refrain from accepting any other client or cause which would cause it to advocate for policies or funding requests inconsistent with its duty to represent the interest of the Port. All possible conflicts will be reviewed by the Port and approval of such other clients will not be unreasonably withheld.

      
      

   2. JHA understands that the Port has budgeted and appropriated funds for the first 12 months covered by this Agreement. Continuation of payment beyond the first 12 months will be contingent on whether Port funds are budgeted for this service and appropriated in subsequent fiscal years. In the event sufficient funds are not budgeted to cover the following 12-month period, the Port may terminate this Agreement by providing written notice to JHA.

      
      

   3. This Agreement may be terminated with or without cause by either Party at any time upon thirty (30) calendar days written notice, via U.S. Mail, to the other party. Notice to JHA shall be to Ms. Hong. Notice to the Port shall be to the Executive Director. Upon the election to terminate this Agreement and the party electing to terminate this Agreement shall have no further obligation under this Agreement to the other party.

      
      

3. PUBLIC RECORDS

   
   

   JHA agrees to comply with the Florida Public Records Act, as applicable, including, but not limited to, Section 119.0701 of the Florida Statutes. Documents which are considered public records herein under Florida law include, but are not limited to: records related to the entry, management and implementation of the Agreement itself; emails/correspondence between the Port and JHA related to the Agreement ; emails or correspondence from all other entities related to the Agreement (i.e., subcontractors, suppliers, vendors, etc.); billing and related documents; plans or other documents that may be necessary; reports, etc.; subcontracts; and, all vendor invoices . JHA agrees, to the extent required by law , to:

   
   

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

      
      

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

      
      

   3. Ensure that the public records that are exempt or confidential, and exempt from

      
      

      011440 27-1 0016 3537-2 4

      public record disclosure requirements , are not disclosed, except as authorized by law; and

      
      

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

   
   

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

   
   

   IF JHA HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO JHA'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: PUBLIC RECORDS

   CUSTODIAN, TDaugherty@Portmana tee.com, PORT MANATEE, 300 TAMPA BAY WAY, PALMETTO, FL 34221, (941) 722-6621.

   
   

4. INDEMNIFICATION

   
   

   JHA agrees to defend, indemnify and hold harmless the Port, its public officials, employees and agents, from and against any and all claims, demands, actions, including, but not limited to, actions for personal injury or wrongful death, actions for property damage, and any other types of claims asserted by third persons alleging a violation of law or for any other cause arising from or related to JHA' s negligent performance, its acts or omissions; provided, however, that this obligation to defend, indemnify and hold harmless shall not apply to claims which JHA demonstrates were caused solely by the fault of the Port. This paragraph shall survive any termination or expiration of this Agreement.

   
   

5. GENERAL PROVISIONS.

This Agreement will begin on August 1, 2019 and run through July 31, 2021. This Agreement may be executed in multiple counterparts, any of which shall be regarded as an original and all of which constitute one and the same instrument. This Agreement is governed by and construed in accordance with the laws of the State of Florida and venue is proper in Manatee County.

IN WITNESS WHEREOF, this Agreement represents the entire agreement between the Manatee County Port Authority and Jocelyn Hong and Associates, LLC.

ATTEST:

ANGELINA M. COLONNESO

MANATEE COUNTY PORT AUTHORITY

Clerk of Circuit Court

By: _ _ _

_ _ _ _ _ _ _

By: ­

Printed:

The Honorable Vanessa Baugh, Chairman

WITNESSES: Jocelyn Hong and Associates, LLC

Chief Executive Officer

July 23, 2019

AGENDA ITEM 2: BERTH 4 EXTENSION INVESTIGATION ENGINEERING SERVICES CONTRACT

BACKGROUND:

On June 6, 2019, the Port Authority approved the ranking of the firms and teams of firms for Berth 4 Extension Investigation engineering professional services as recommended by the Evaluation Committee and authorized the negotiation of the contract to be brought back to the Port Authority for approval. Stantec and Port staff have negotiated a fee of $670,146 (including contingencies) for the investigation engineering of Berth 4 Extension. FDOT has reviewed and approved the contract.

ATTACHMENT:

Port Manatee Professional Engineering Services Contract Berth 4 Extension Investigation

COST AND FUNDING SOURCE:

FDOT proceeds of $502,609.50 or 75% and Port cash of $167,536.50 or 25%

CONSEQUENCES IF DEFERRED:

Delay in project commencement

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute Port Manatee Professional Engineering Services Contract Berth 4 Extension Investigation between Manatee County Port Authority and Stantec Consulting Services, Inc. in the amount of $590,146 plus an additional $80,000 for contingencies if approved by the Executive Director.

Port Manatee Professional Engineering Services Contract Berth 4 Extension Investigation

MANATEE COUNTY PORT AUTHORITY,

a political entity of the State of Florida, with offices located at Port Manatee, 300 Tampa Bay Way, Palmetto, FL 34221, hereinafter referred to as the “Authority”, and

Stantec Consulting Services, Inc.,

an engineering firm, with its principle place of business located at 777 South Harbour Island Boulevard, Suite 600, Tampa FL 33602-5729, hereinafter referred to as the “Consultant,” for and in consideration of the mutual covenants of this Contract and other good and valuable consideration hereby agree as follows:

ARTICLE 1. CONTRACT DOCUMENTS: This Contract consists of this document including attachments, the RFQ, and Consultant’s response to the RFQ, as if all components were set forth herein verbatim. In the event of a conflict between the terms and conditions provided in this document including the attachments and the RFQ or response, the provisions in this document will prevail. No amendment will be effective until and unless reduced to writing and executed by the Parties.

To the extent that the incorporated proposal addresses any terms inconsistent with the terms of this main Contract document, the inconsistent proposal terms do not apply.

ARTICLE 2. SCOPE OF SERVICE: The Consultant will provide services as described in Attachment A: Professional Services Proposal, dated July 9, 2019.

The Professional Services Proposal includes all professional services related to the stated discipline considered necessary to complete the project.

The Consultant shall perform all services in accordance with generally accepted professional standards. No other warranty, express or implied, is made or intended. The Consultant shall perform all services as expeditiously as is consistent with professional skill and care and the orderly progress of the work. All work of any kind, must conform to and be in compliance with, and the consultant shall be familiar with applicable codes, laws, ordinances, regulations and restrictions, guidelines, standards, procedures and directives.

The Consultant recognizes that funding for this project is being made from the Florida Department of Transportation (the “FDOT”), pursuant to Grant Agreement, Financial Project Number 433457-1-94-05, Contract Number G1946, for Berth 4 Rehabilitation and Reconstruction Initiative (the “Grant”). Consultant has reviewed the Grant and agrees to comply with all of the requirements under the Grant and complete the Engineer’s Certification of Compliance to the Department if required by the Authority or FDOT. Failure of the Consultant to comply with any provision of the Grant will be grounds for immediate termination of this Contract and potential liability to the Port for loss of grant money.

ARTICLE 3. COMPENSATION: The Authority shall pay the Consultant for services performed or rendered for the Authority pursuant to the terms of this Contract the amount applicable to the portion of the services completed pursuant to the Contract, including but not limited to the related reimbursable expenses if applicable. The amount of compensation paid to the Consultant shall in no event exceed the amount set forth in the Contract. The amount of per diem and travel expenses paid by the Authority to the Consultant must be limited to the extent set forth in Section 112.061 of the Florida Statutes if applicable. Payment may be made by the Authority to the Consultant based upon invoices or statements periodically (but no more than once a month) and timely submitted by the Consultant to the Authority that sufficiently document, itemize, and report all compensation expenses claimed. Recognizing that the Authority is a public entity, the Consultant shall provide all of the necessary documents and records to the Authority, the Clerk of the Circuit Court of Manatee County, Florida on behalf of the Authority, and to any independent auditor of the Authority upon request, as necessary pursuant to acceptable accounting standards applicable to public bodies and to provide the necessary audit trail and justification for the Authority paying said compensation and expenses.

Compensation to the Consultant will be computed based on the percentage completed of each task listed in Attachment A: Professional Services Proposal and the total value of each task set forth in Attachment A: Professional Services Proposal. Said compensation will be the total compensation for the services and must contain all costs to include salaries, office operation, transportation, equipment, overhead, general and administrative, incidental expenses, fringe benefits and operating margin.

“Task,” as used in the Contract, refers to particular categories/groupings of services.

ARTICLE 4. REIMBURSABLE EXPENSES: All costs of providing the Scope of Services will be the responsibility of the Consultant with no separate reimbursement by the Authority for any direct costs.

ARTICLE 5. SUBCONTRACTORS AND SUBCONSULTANTS: The Consultant may not

sublet, assign or transfer any work under this Contract to another associated firm, a subcontractor or a Subconsultant without the prior written consent of the Authority in an amendatory PSA.

The Consultant shall require all associated engineering firms, subcontractors and Subconsultants to adhere to the appropriate provisions of this Contract and the utilization of any such associated engineering firm, subcontractor or Subconsultant by the Consultant will not relieve the Consultant from any liability or responsibility to the Authority pursuant to the provisions of this Contract or any duly executed PSA.

ARTICLE 6. AUTHORIZATION OF OPTIONAL OR ALTERNATIVE PROFESSIONAL

SERVICES: The Consultant shall provide services described in Attachment A: Professional Services Proposal as optional or alternative only after receipt of written specific authorization from the individual or individuals authorized pursuant to the “Contract Administration” section of this Contract.

ARTICLE 7. AUTHORIZATION OF ADDITIONAL PROFESSIONAL SERVICES: The

Consultant shall provide additional services beyond the initial Scope of Services only after receipt of a written Professional Services Authorization (PSA) issued in accordance with this Contract in the attached form. PSAs must be signed by the Consultant and the Authority and will constitute supplemental agreements entered into under the terms and conditions of this Contract.

Each PSA must establish the following:

1. A PSA number;

2. A title for the project;

3. A general description of the purpose of the work;

4. A clear and concise description of each item of the scope of the services to be performed in sufficient detail to reasonably assure both Parties as to the extent and cost of each service to be performed;

5. The scope items to which a lump sum fee applies and the total compensation that will be paid to the Consultant by the Authority for completion of the project services;

6. The scope items to which time charges apply and the maximum total compensation amount to which they are limited for each scope item;

7. The maximum total amount to which reimbursement of related expenses is limited;

8. Deliverables;

9. The committed date of completion of the services, with intermediate milestone dates where appropriate;

10. Subconsultants to be utilized, the scope items in which they will be involved, and the above-referenced fees and expenses attributable to them;

11. Any additional details that may be required to describe the duties and obligations of the Parties with respect to a particular PSA.

The Executive Director of Port Manatee may approve on behalf of the Authority additional services PSA where the total fee, reimbursable expenses and other compensation to the Consultant do not exceed the threshold amount set forth in the Manatee County Port Authority Procurement Policy, as amended from time to time. Any single PSA in excess of the specified threshold amount may not be effected, unless and until the document has been approved by the Authority and signed on behalf of the Authority. The PSA may not be purposefully divided to increase the delegated authority provided to the Executive Director.

The Parties shall negotiate in good faith the terms of each proposed additional services PSA. If the Parties are not able to negotiate in good faith the terms of a particular proposed PSA, no services shall be performed by the Consultant in reliance thereon.

Services that would be reasonably expected to be necessary at the time of initial contracting, such as services the need for which is not contingent on factors yet to be determined, do not qualify for additional fees.

Consultant acknowledges and agrees that time is of the essence with respect to its performance under this Contract and any PSA.

If the project described in any PSA is suspended, canceled, or abandoned by the Authority, without affecting any other PSA or this Contract, the Consultant must be given seven (7) calendar days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment.

Port Authority approval of the Contract and any related PSA is subject to FDOT approval pursuant to terms of the applicable grants.

ARTICLE 8. AUTHORITY COOPERATION: The Authority shall, at its sole cost, furnish to the Consultant all reasonably available books, plans, records, studies and other documents and information in the possession of the Authority to assist the Consultant in performing services pursuant to this Contract. The Authority does not warrant the accuracy or completeness of the information authored by third parties. The Consultant is responsible for independently verifying the information contained in the documents provided.

ARTICLE 9. PROPERTY OF THE AUTHORITY: All reports, studies, plans, specifications, maps and data prepared or obtained by the Consultant pursuant to any duly executed PSA must become the property of the Authority and must be made available to the Authority upon request at any reasonable time, including all finished or unfinished documents and other data prepared or obtained by the Consultant upon the termination of this Contract in whole or in part. Consultant may not be held liable for the accuracy or reliability of any partially completed work clearly identified as partially completed and delivered in accordance with this provision. The Consultant will have the right to retain reproducible copies of said documents or other data. Any reuse of said documents or other data by the Authority without written verification or adaptation by the Consultant for the specific use intended will be at the sole risk of the Authority and without liability or legal exposure to the Consultant.

ARTICLE 10. CONTRACT ADMINISTRATION: The Authority hereby authorizes the Executive Director of Port Manatee to administer the terms and conditions of this Contract on behalf of the Authority and to make all managerial decisions on behalf of the Authority as they relate to the provisions of this Contract. The Executive Director has the authority to transmit instructions, receive information, interpret and define the policy of the Authority and decisions pertinent to services covered by this Contract. The Executive Director has the right from time to time to designate such other employee of the Authority as the Executive Director may deem advisable to perform administrative and managerial functions as they relate to provisions of this Contract. For the purposes of this contract, the Senior Director of Planning, Engineering & Environmental Affairs is the designated Contract Manager.

ARTICLE 11. NOTICE: Any notice or other writings permitted or required to be delivered under the provisions of this Contract must be in writing and be delivered by sending the notice by personal delivery, electronic mail, U.S. regular mail, or U.S. express mail in any event with sufficient postage affixed, and addressed as follows:

If to Authority:

Manatee County Port Authority 300 Tampa Bay Way

Palmetto, FL 34221 Attention: Executive Director

Email: cbuqueras@portmanatee.com If to Consultant:

Hamid Sahebkar, P.E.

Principal

Stantec Consulting Services, Inc.

777 S Harbour Island Boulevard, Suite 600 Tampa, FL 33602-5729

813-746-3831

Hamid.Sahebkar@stantec.com

Either party may change said address by notice in writing to the other party in the manner provided in this Contract.

ARTICLE 12. ACCESS TO THE PORT: Access to Port Manatee is controlled pursuant to seaport security requirements that change from time to time to comply with applicable governing laws, rules and regulations. The Consultant is responsible for compliance with all of the applicable seaport security requirements, including obtaining Transportation Worker Identification Credentials (TWIC) as necessary for access to the Port to perform the services pursuant to this Contract. Port Manatee Security Access Control at (941) 722-6455 is the appropriate contact for information on the latest requirements. Escorts needed due to lack of TWIC credentials will not be provided by the Authority.

ARTICLE 13. AUTHORITY REPRESENTATIONS: The Authority owns and operates public seaport facilities in northwest Manatee County, Florida, known as “Port Manatee.”

The Authority conducted public announcement, qualification, competitive selection and competitive negotiation procedures for this contract in accordance with Section 287.055 of the Florida Statutes, the Consultants’ Competitive Negotiation Act (CCNA). The request for proposals (RFQ-3-0-2019/GI, Berth 4 Extension Investigation) (the “RFQ”) was publicly advertised on May 10, 2019. Four submittals were received by the deadline, including the Consultant’s submittal. The submittals were opened on May 31, 2019. An Evaluation

Committee met publicly on June 4, 2019, and reached consensus on the short lists. The Authority certified the short-listed firms, which included the Consultant, as qualified and authorized negotiation of the contract at its June 6, 2019, public meeting.

The Authority has determined that it is necessary, expedient, and in its best interest to enter into this Contract with the Consultant for the performance of professional consulting services in connection with Port Manatee.

ARTICLE 14. CONSULTANT REPRESENTATIONS: The Consultant submitted and stands behind its submittal in response to the above RFQ as accepted into the record of the Authority on May 31, 2019, with the knowledge that the Authority is relying thereon as an inducement for entering into this Contract. The Consultant acknowledges that the Authority also relied upon the Consultant’s representations identified in this Contract as an inducement for entering into this Contract.

The Consultant is legally authorized to and, by capacity and experience, is qualified to perform and render all of the professional consulting engineering services identified in this Contract and the professional qualifications of the Consultant was material inducement for the Authority to enter into this Contract with the Consultant.

The Consultant, in representing the Authority, shall promote the best interest of the Authority and assume towards the Authority a responsible professional relationship consistent with mutual confidence and fair dealing between Consultant and the Authority.

The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Contract and that is has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working for the Consultant any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

Consultant represents that it has complied with the provision of Section 287.055(6) of the Florida Statutes.

The Consultant currently has no potential or actual conflict of interest with respect to providing professional services to the Authority. The Consultant agrees to notify the Authority in writing of any commitments during the term of this Contract which may constitute a potential or actual conflict of interest with respect to the professional services to be performed for the Authority. The Consultant agrees that it must not knowingly engage in any contractual or professional obligations that create an appearance of a conflict of interest with respect to the service provided pursuant to this Contract.

ARTICLE 15. PROFESSIONAL SERVICES AUTHORIZATIONS FOR ADDITIONAL

SERVICES: If the Parties are not able to negotiate in good faith the terms of a particular proposed additional services PSA, the Authority reserves the right, without prejudice to this Contract, to negotiate for the performance of said services by another qualified firm.

The Authority reserves the right to enter into contracts with other firms for similar services and negotiate with separate firms for separate parts of a single project. The Consultant is not promised or guaranteed any amount of additional work or fees as part of this Contract.

ARTICLE 16. SUPPLEMENTAL SERVICES: It is the intention of this Contract to provide for the performance and rendering of professional consulting services supplemental to any professional consulting services rendered or performed by any other consultant for the Authority.

ARTICLE 17. TERMINATION: The Contract shall commence on the day and year as shown below and continue until the work is completed or the Contract is otherwise terminated.

If the Authority determines that the Contract should be terminated based on the Consultant’s performance, it may terminate the Contract or make such modification to this Contract as the Authority may deem appropriate and to which the Consultant may agree. If the Authority determines that the performance of the Consultant is not satisfactory, the Authority may: 1) immediately terminating the Contract, or 2) notifying the Consultant of the deficiency with a requirement that the deficiency be corrected within a specified time otherwise the Contract will be terminated at the end of specified time. The Consultant will be paid only for that work satisfactorily performed for which costs can be substantiated. All work in progress will become the property of the Authority and will be promptly delivered to the Authority by the Consultant.

This Contract may be terminated in its entirety by either party giving at least 30 calendar days prior written notice to the other party. If the Contract is terminated, the Consultant must continue to perform for the remaining 30-day time period in accordance with the Contract and all previous issued PSAs, except to the extent Consultant is directed by Authority in writing to cease performance of the Contract or any or all such previously issued PSAs. The Consultant will be entitled to compensation for all services rendered or performed on the Contract or outstanding PSAs through the date of the termination together with all costs and expenses incurred in connection therewith, but the Consultant will not be entitled to any other or further recovery against the Authority, including, but not limited to, anticipated fees or profit on services not required to be performed. The Authority shall determine that portion of the fee earned for any incomplete PSA based on the ratio of such part of the PSA that has been completed relative to the entire PSA. Any such determination must be made in the Authority’s sole discretion.

The Consultant will be considered in material default of this Contract and such default will be considered cause for the Authority to terminate this Contract, in whole or in part, for any of the following reasons: (a) failure to begin services authorized under this Contract or any particular PSA within the time specified in this Contract or that PSA, or (b) failure to properly and timely perform the services required hereunder or as directed by the Authority, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by Consultant or by any of Consultant’s principals, partners, officers or directors, or (d) failure to provide access to public records, or (e) failure to comply with the Grant, or (f) having been found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, or (g) failure to obey and comply with any applicable laws, ordinances, regulations, agency agreements or other codes of conduct, or (h) Consultant otherwise materially breaches this Contract. In any such event, the Authority may terminate this Contract, in whole or in part, by giving Consultant seven (7) calendar days’ written notice. In the event of any such termination, the Authority will not be obligated to make any further payments to Consultant until such time as the Authority has determined all direct costs, expenses, losses and damages which the Authority may have incurred as a result of such default by Consultant, whereupon the Authority will be entitled to set off all costs, expenses, losses and damages so incurred by the Authority against any amounts due Consultant for services properly performed.

ARTICLE 18. MILESTONES: Milestones and related deadlines are shown in Attachment A: Professional Services Proposal. Work not completed by its deadline will be deemed unsatisfactorily performed for the purposes of applying the standard in the Termination section. The authorization of optional scope items will not delay or extend any milestone or deadline in any way.

ARTICLE 19. QUALITY OF PROFESSIONAL CONSULTING SERVICES: The services

must be performed by the Consultant to the reasonable satisfaction of the Authority and all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Contract, any duly executed PSA, the prosecution fulfillment of the services in this Contract and the character, quality, amount and value thereof which cannot be settled by mutual agreement of the Parties will be settled by recourse to litigation under Florida law in the appropriate court in Manatee County, Florida.

ARTICLE 20. INDEMNIFICATION: To the greatest extent permitted by law, the Consultant shall indemnify, save and hold harmless the Authority, its officers, directors, employees, and agents from and against claims, causes of action, lawsuits, damages, judgments, losses and expenses, whether direct, indirect or consequential, including but not limited to, bodily injury, sickness, disease or death, personal injury, or injury to or destruction of tangible property, including loss of use, to the extent such claims are caused by the negligent or reckless acts or errors or omissions, or wrongful or willful acts by the Consultant, any Subconsultant or any other person or organization employed by Consultant to perform or furnish any of the services required hereunder, or anyone for whose acts any of them may be liable. This indemnity must include, but not be limited to, reasonable charges of engineers, attorneys, legal assistants, and other professionals, and costs of both defense and appeal in a court of law, or arbitration, or other tribunal, for any reason. This indemnification must also include claims, damages, losses and expenses, including reasonable attorneys’, experts’, and legal assistants’ fees and costs, to the extent caused by infringement of patents or copyrights, or public record violations incident to providing the services required hereunder. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the Authority for its own negligence.

This Indemnification provision must survive completion or termination of this Contract.

To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless 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 des, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Consultant an person employed or utilized by the Consultant in the performance of this Contract. This indemnification survives termination of this Contract.

Nothing contained in this paragraph is intended to nor will it constitute a waiver of the State of Florida and the Authority’s sovereign immunity.

Consultant agrees to include the above indemnification paragraphs in all of its Contracts with subconsultants or subcontractors who perform work in connection with this Control or the Grant.

ARTICLE 21. INSURANCE: During the term of the Contract, the Consultant shall provide, pay for, and maintain with insurance companies satisfactory to the Authority, the types of insurance described in this Contract. All insurance must be from responsible insurance companies eligible to do business in the State of Florida. The required policies of insurance must be performable in Manatee County, Florida, and shall be construed in accordance with the laws of the State of Florida.

The Authority and FDOT must be specifically included as an Additional Insured on the Consultant’s Commercial General Liability, Umbrella Liability and Business Automobile Liability policies and must also provide the "Severability of Interest" provision (a/k/a "Separation of Insured’s" provision). The Authority’s additional insured status should be

extended to the Completed Operations coverage. ISO’s standard “Blanket Additional Insured” will not be acceptable.

The Consultant shall deliver to the Authority, prior to the Authority issuing the PSA, properly executed "Certificate(s) of Insurance,” setting forth the insurance coverage and limits required in this Contract. The Certificates must be personally, manually signed by the authorized representative of the insurance company(s) shown on the Certificate of Insurance. In addition, certified, true and exact copies of the insurance policies required in this Contract must be provided the Authority, on a timely basis, if requested by the Authority.

The Consultant shall take immediate steps to make up any impairment to any Aggregate Policy Limit upon notification of the impairment. If at any time the Authority requests a written statement from the insurance company(s) as to any impairment to the Aggregate Limit, the Consultant shall promptly authorize and have delivered such statement to the Authority.

The Consultant authorizes the Authority and/or the Authority’s insurance consultant to confirm all information furnished to the Authority, as to its compliance with its Bonds and Insurance Requirements, with the Consultant’s insurance agents, brokers, surety, and insurance carriers. The insurance coverage required of the Consultant must be primary to any insurance or self-

insurance program carried by the Authority. The Authority’s insurance or self-insurance programs or coverage must not be contributory with any insurance required of the Consultant in this Contract.

The acceptance of delivery to the Authority of any Certificate of Insurance evidencing the insurance coverage and limits required in the Contract does not constitute approval or agreement by the Authority that the insurance requirements in the Contract have been met or that the insurance policies shown in the Certificates of Insurance comply with the Contract requirements.

No work governed by this contract or occupancy of the premises owned or occupied by the Authority may commence at the site unless and until the required Certificate(s) of Insurance are in effect and the PSA and written Notice to Proceed are issued to the Consultant by the Authority.

The insurance coverage and limits required of the Consultant under this Contract are designed to meet the minimum requirements of the Authority. They are not designed as a recommended

insurance program for the Consultant. The Consultant alone will be responsible for the sufficiency of its own insurance program. Should the Consultant have any question concerning its exposures to loss under this Contract or the possible insurance coverage needed therefore, it should seek professional assistance.

The Authority and its Tenants may continue to operate their businesses on the Authority’s premises during the activities of the Consultant. No property used in connection with their activities may be considered by the Consultant’s insurance company as being in the care, custody, or control of the Consultant.

Should any of the required insurances specified in this Contract provide for a deductible, self- insured retention, self-insured amount, or any scheme other than a fully insured program, and the insurance company providing the coverage will not agree in writing to pay the deductible or retention including the costs of defense as provided for in its policy without consideration of the deductible or retention in the settlement of insured claims, then the Consultant agrees, if required by the Authority, to provide, pay for, and maintain a surety bond acceptable to the Authority from an insurance company acceptable to the Authority (or a standby irrevocable Letter of Credit acceptable to the Authority) in the amount of the deductible or retention, guaranteeing payment of the deductible or retention. Said guarantee is to continue for four (4) years following completion of the Work.

All of the required insurance coverage must be issued as required by law and shall be endorsed, where necessary, to comply with the minimum requirements contained in this Contract.

Consultant shall give the Authority thirty (30) calendar days advance written notice of any cancellation, intent not to renew any policy and/or any change that will reduce the insurance coverage required in this Contract, except for the application of the Aggregate Limits Provisions.

Renewal Certificate(s) of Insurance must be provided to the Authority at least twenty (20) calendar days prior to expiration of current coverage so that there will be no interruption in the work due to lack of proof of the insurance coverage required of the Consultant in this Contract. If the Consultant fails to provide or maintain the insurance coverage required in this Contract at any time during the term of the Contract, the Authority may terminate or suspend this Contract.

If the Consultant utilizes contractors or sub-contractors to perform any work governed by this Contract, the Consultant will ensure all contractors and sub-contractors maintain the same types and amounts of insurance required of the Consultant. In addition, the Consultant will ensure that the contractors and sub-contractors insurances comply with all of the Insurance Requirements specified for the Consultant contained within this Contract. The Consultant shall obtain Certificates of Insurance comparable to those required of the Consultant from all contractors and sub-contractors. Such Certificates of Insurances must be presented to Authority prior to the subcontractor beginning work.

SPECIFIC INSURANCE COVERAGES AND LIMITS:

The Consultant must comply with all requirements in this Insurance Section in full unless excused from compliance in writing by the Authority. The amounts and types of insurance must

conform to the following minimum requirements. Current Insurance Service Office (ISO) or National Council on Compensation Insurance (NCCI) policies, forms, and endorsements or broader must be used where applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be acceptable to the Authority.

Workers' Compensation and Employers' Liability Insurance must be maintained in force during the term of this Contract for all employees engaged in this work under this Contract, in accordance with the laws of the State of Florida. The minimum acceptable limits are:

Workers' Compensation: Florida Statutory Requirements Employer's Liability: $1,000,000.00 Limit Each Accident

$1,000,000.00 Limit Disease Aggregate

$1,000,000.00 Limit Disease Each Employee

USL&H Coverage must be maintained by the Consultant if any of the work governed by this Contract or any of the Consultant’s employees may be entitled to benefits specified in the United States Longshoremen and Harbor Workers (USL&H) Act (33 USC sections 901-950). The minimum acceptable limits under such coverage must be no less than $1,000,000.

Jones Act Coverage must be maintained by the Consultant if any of the work governed by this Contract involves the use of any watercraft (regardless of size). Such coverage must comply with the Federal Jones Act (46 U.S.C.A, subsection 688). The minimum acceptable limits under such coverage must be no less than $1,000,000.

Commercial General Liability Insurance must be maintained by the Consultant on the Full Occurrence Form. Coverage must include but not be limited to Premises and Operations, Personal Injury, Contractual Liability, Independent Contractors, Broad Form Property Damage, and Products & Completed Operations Coverage and may not exclude coverage for the "X" (explosion), "C (collapse) and "U" (underground) Property Damage Liability exposures. Limits of coverage must not be less than:

Bodily Injury & Property Damage Liability: $1,000,000.00 Combined Single Limit each occurrence and $5,000,000 annual general aggregate.

Completed Operations Liability Coverage must be maintained by the Consultant for a period of not less than four (4) years following Final Completion and Acceptance by the Authority.

The use of an Excess and/or Umbrella policy will be acceptable if the level of protection provided by the Excess and/or Umbrella policy is no less restrictive then the Primary General Liability policy.

Business Automobile Liability Insurance must be maintained by the Consultant as to ownership, maintenance, use, loading and unloading of all owned, non-owned, leased or hired vehicles with limits of not less than:

Bodily Injury: $1,000,000.00 Limit Each Accident

Property Damage Liability: $1,000,000.00 Limit Each Accident or

Bodily Injury & Property Damage Liability: $1,000,000.00 Combined Single Limit Each Accident

Professional Liability Insurance must be maintained by the Consultant that will respond to claims arising out of any professional services provided by the Consultant. The minimum acceptable limits of such coverage must be $2,000,000 per claim and in aggregate and must be maintained for a minimum of 4 years following the termination of this agreement.

The Consultant must maintain Watercraft Liability Insurance if any of the services provided by the Consultant or any of its sub-consultants require the use of any watercraft that is in excess of 26 feet in length. The minimum acceptable limits of such coverage must be $1,000,000.

The Consultant must maintain Aircraft Liability Insurance if any of the services provided by the Consultant or any of its sub-contractors require the use of any aircraft. The minimum acceptable limits of such coverage must be $1,000,000.

ARTICLE 22. PROFESSIONAL LIABILITY: The Consultant recognizes that the registered persons practicing engineering with the Consultant as provided in Chapter 471 of the Florida Statutes are not relieved from personal liability for their professional acts and each registered person practicing engineering with the Consultant who performs consulting engineering services for the Authority pursuant to this Contract or any particular PSA will be liable in accordance with section 471.023(3) of the Florida Statutes.

ARTICLE 23. LEGAL RESTRAINTS AND LIMITATIONS: The Consultant acknowledges that the Authority, as a unit of local government and as a subdivision of the State of Florida, is subject to controls, limitations, regulations and restraints imposed or administered pursuant to numerous applicable laws, ordinances, agreements, rules and regulations of federal, state, regional and certain local jurisdictions, governmental agencies or authorities. Additionally, the Consultant acknowledges that the Authority often receives grants and participates in grant or funding agreements from federal and state agencies. All services rendered or performed by the Consultant pursuant to any duly executed PSA will be in conformance therewith.

In performing services, Consultant must be responsible for identifying and assisting the Authority in obtaining all permits necessary to complete the services.

The Authority retains the Consultant only for the purposes and to the extent set forth in this Contract, and its relationship with the Authority will, during the term of this Contract, be that of an independent contractor. Consultant has discretion, subject to the requirement that it performs the services required in this Contract competently and professionally in accordance with the applicable professional standards and otherwise complies with the terms of this Contract, to select the means and methods of performing such services. In this regard, Consultant will be fully responsible for the employment, direction, supervision, compensation and control of any

and all persons employed or retained by Consultant. Neither Consultant nor Consultant’s contractors, subcontractors, consultants, Subconsultants, suppliers, experts or other persons or organizations retained or utilized by Consultant for the services required in this Contract will be considered by reason of the provisions of this Contract or otherwise as being an employee or agent of the Authority. Consultant shall comply with all workers’ compensation, employers’ liability and other Federal, State, and municipal laws, ordinances and regulations required of an employer performing services as contemplated in this Contract. Furthermore, Consultant is responsible for paying all income and employment taxes, and the Authority will not be responsible for collecting and/or paying withholding, FUTA, FICA and any other state or federal taxes.

At all times during the performance of any of the services required hereunder, Consultant must comply with Title VII of the Civil Rights Act of 1964, as amended (45 C.F.R. Part 1010), and the Florida Civil Rights Act of 1992. Consultant may not discriminate in any form or manner against its employees or applicants for employment on the basis of race, color, national origin, religion, sex, age, handicap or marital status. Further, Consultant shall comply with all applicable rules, regulations or executive order promulgated to give effect to the Civil Rights Act of 1964, as amended.

In accordance with FDOT policy, projects funded with FDOT funding shall provide Disadvantaged Business Enterprises (“DBE”) an opportunity to participate in the performance of the Contract. Consultant agrees to ensure that DBEs have the opportunity to participate in the performance of the Contract and that Consultant shall take necessary and reasonable steps to ensure such opportunities. The Authority and its Consultant, Contractors, and subcontractors must not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract.

The Consultant shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Consultant/sub-consultant during the contract term and require all of its sub-consultants performing work or providing services pursuant to this Contract to do the same.

ARTICLE 24. LITIGATION AND ADMINISTRATIVE PROCEEDINGS: In the event the

Consultant is authorized by a duly executed PSA to become involved in litigation or administrative proceedings as a witness for the Authority or in any other professional assignment connected with litigation or administrative proceedings, the compensation or fee to the Consultant for such services will not be related to the findings of any court or administrative agency concerning the adequacy or inadequacy of the compensation or fee. The Authority will pay the Consultant compensation for said services in the manner set forth in the particular Authorization regardless of the decision in any such litigation or administrative proceedings.

ARTICLE 25. LEGAL QUALIFICATIONS AND ETHICAL CONSIDERATIONS: The

Consultant warrants it is duly permitted by the laws of the State of Florida to render engineering services in the State of Florida and that one or more of its officers and employees are duly registered as professional engineers in the State of Florida. The Consultant recognizes that in rendering or performing professional services pursuant to the provisions of this Contract, the Consultant is working for the residents of Manatee County, Florida, subject to public observation, scrutiny and inquiry and based upon said recognition, the Consultant shall in all of its relationships with the Authority pursuant to the provisions of this Contract conduct itself in accordance with all of the recognized applicable ethical standards set by any related national societies, and the reasonable traditions to perform services.

The Consultant acknowledges that the portion of its books and records related to its contracting activities with the Authority may become subject to inspection and copying under the Florida Public Records Act. The Consultant agrees to comply with the Florida Public Records Act, as applicable, including, but not limited to section 119.0701 of the Florida Statutes. The Consultant agrees, to the extent required by law, to:

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

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

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

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

Furthermore, the Consultant agrees that all records stored electronically will be provided to the Authority and FDOT in a format that is compatible with the information technology systems of the Authority and FDOT. The Consultant shall promptly provide the Authority with a copy of any request to inspect or copy public records that Consultant receives and a copy of the Consultant’s response to each request. The Consultant understands and agrees that failure to

provide access to the public records will be grounds for unilateral cancellation of the Contract, its amendments, and PSAs.

IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE AUTHORITY AT (941) 722-6621; 300 TAMPA BAY WAY, PALMETTO, FL 34221; EMAIL: TDAUGHERTY@PORTMANATEE.COM.

Consultant has been made aware of the Florida Public Entity Crimes Act, § 287.133, Florida Statutes, specifically section 2(a), and the Authority’s requirement that the Consultant has complied with it in all respects prior to and will comply with it in all respects during the term of

this Contract.

Consultant has been made aware of the Discriminatory Vendors Act in Section 287.134, Florida Statutes, and the Authority’s requirement that the Consultant has complied with it in all respects prior to and will comply with in all respect during the term of this Contract.

Consultant has been made aware of the prohibition against contracting with scrutinized companies pursuant to Section 287.135, Florida Statutes, and the Authority’s requirement that the Consultant has complied with it in all respects prior to and will comply with in all respect during the term of this Contract.

Consultant agrees not to employ unauthorized aliens in violation of Section 274A(e) of the Immigration and Nationality Act.

Consultant agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.0555(5), Florida Statutes.

ARTICLE 26. NO WAIVER OF SOVEREIGN IMMUNITY: Nothing in this Contract may be interpreted as a waiver by the Authority of its rights, including the limitations of the waiver of immunity, as set forth in Florida Statutes 768.28, or any other statutes, and the Authority expressly reserves these rights to the full extent allowed by law. This provision survives completion or termination of this Contract.

ARTICLE 27. SEVERABILITY: It is understood and agreed by the Parties that if any part, term or provision of this Contract is held to be illegal or in conflict with any law, the validity of the remaining portions or provisions will not be affected, and the rights and obligations of the Parties must be construed and enforced as if the Contract did not contain the particular part, term or provision held to be invalid.

ARTICLE 28. SUCCESSORS AND ASSIGNS: This Contract is binding on successors, assigns, and legal representatives of and persons in privity of contract with the Authority or Consultant. The Consultant may not sublet, assign, or transfer this Contract, any PSA or any other work specifically set forth under this Contract without the prior written consent of the Authority, which consent may be withheld in the Authority’s sole discretion. This provision survives completion or termination of this Contract.

ARTICLE 29. JURISDICTION AND VENUE: The Contract is governed by and construed under the laws of the State of Florida. Venue for any action arising under the Contract lies exclusively in state courts in Manatee County, FL. Each Party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the aforesaid laying of venue of any such civil action or legal proceeding in such court. This provision survives completion or termination of this Contract.

ARTICLE 30. ATTORNEY FEES: If any subsequent legal action or other proceedings, including but not limited to any trial proceeding or appellate proceeding, are brought for the enforcement of this Contract, or because of any alleged dispute, breach, default or misrepresentation in connection with any provision of this Contract, the successful or prevailing Party will be entitled to recover all costs incurred, including reasonable attorneys', legal assistants', and experts’ fees and costs prior to trial, at trial, and on appeal, in addition to any other relief to which such Party maybe entitled. No entity or person other than the Parties will have any legally enforceable rights under this Contract or because of its existence, other than as explicitly set forth in this Contract. This provision survives completion or termination of this Contract.

ARTICLE 31. INTERPRETATION: The Parties represent and warrant that they have entered into this Contract relying wholly upon their own judgment, belief, and knowledge of the nature, extent, effect, and duration of any actions, damages, and liability therefore. The Parties represent that they enter into this Contract without relying upon any statement or representation of the adverse parties other than what has been set forth in writing in this Contract. The Parties represent that they have had the opportunity to discuss this matter with counsel of their choosing and are satisfied with its counsel and the advice received. The Parties understand this Contract’s contents and agree that this Contract may not be construed more strongly against any party to this Contract, regardless of who is responsible for its preparation or drafting. The Parties further declare and represent that no promise, inducement, agreement or understanding not expressed in this Contract has been made to an adverse party and that this Contract contains the entire agreement between the Parties hereto and that the terms of this Contract are contractual and not a mere recital. All the Parties drafted this Contract jointly, and no term, condition or provision of this Contract may be construed more strictly against any Party.

All words used herein in the singular shall extend to and include the plural, and the use of any gender shall extend to and include all genders. The term "including" is not limiting, and the terms "hereof", "herein", "hereunder", and similar terms in this Contract refer to this Contract as a whole and not to any particular provision of this Contract unless stated otherwise.

The captions and headings in this Contract are for convenience of reference only and in no way define or limit the scope or content of this Contract or in any way affect its provisions.

ARTICLE 32. AGREEMENTS RELATING TO CONSIDERATION: Each party

acknowledges and agrees that the covenants under this Contract, together with the consideration exchanged hereunder, constitute full, fair and valuable consideration for the transfers, transactions and releases required of and by the Parties pursuant to the provisions of this Contract and that, by virtue of the above-referenced consideration, the Parties have received reasonably equivalent value in exchange for their obligations under this Contract. The Parties acknowledge and agree that each has received and reviewed a copy of this Contract in the presence of their respective, independent counsel retained by them. Each party understands the purport, tenor, and effect of this Contract, and has entered into this Contract freely and voluntarily.

ARTICLE 33. AUTHORITY TO EXECUTE: Each of the Parties covenants to the other party to this Contract that it has lawful authority to enter into this Contract, that the governing or managing body of each of the Parties has approved this Contract and that the governing or managing body of each of the Parties has authorized the execution of this Contract in the manner hereinafter set forth.

IN WITNESS WHEREOF, the Parties have caused this Contract to be duly executed, in

duplicate, this the day of _

ATTEST: ANGELINA COLONNESO CLERK OF CIRCUIT COURT

MANATEE COUNTY PORT AUTHORITY

By : ­

AUTHOR1TY

WITNESSES: STAdN

: JJL G

By: David A. Keml : P.E.

Title: Senior Principal

CONSULTANT

Attachment A Professional Services Proposal

Port Manatee Professional Engineering Services Contract Berth 4 Extension Investigation

Stantec Consulting Services, Inc.

Stantec Consulting Services Inc.

777 S Harbour Island Boulevard Suite 600, Tampa FL 33602-5729

PROFESSIONAL SERVICES PROPOSAL

To: Mr. George F. Isiminger, P.E.

Senior Director of Planning, Engineering and Environmental Affairs Port Manatee

300 Tampa Bay Way Palmetto, FL 34221

From:

Hamid Sahebkar, PE Principal

Date: July 9, 2019

SUBJECT: Proposal for Professional Engineering Services Berth 4 Extension Investigation

Port Manatee Palmetto, Florida

OVERVIEW

1. Manatee County Port Authority, a political subdivision of the State of Florida (Client) (hereinafter the "Authority" or the "Port") is proposing to extend Berth 4 Extension within the port property. Port has selected Stantec Consulting Services Inc. (Stantec) to submit a professional services proposal for the investigation of the above referenced Project.

   
   

2. Port Manatee is considering extension of Berth 4. Port Manatee (Client) requested Stantec Consulting Inc. (Stantec) to submit a professional engineering services proposal for the required services associated with investigation for planning of Berth 4 Extension. The initial Berth 4 Extension project investigation is to allow the Port to make an informed decision on the scope of the improvements and mitigation to be final-designed and permitted, and to provide the necessary supporting documents. The following is the general Task list associated with this effort:

   
   

   • Hydrographic survey.

   • Geotechnical Borings.

   • Submerged aquatic vegetation (SAV) survey, including mapping and characterization.

   • Identification of new seagrass mitigation opportunities.

   • Functional analysis and mitigation credit assessment of impact and multiple (given and new) potential mitigation sites, with and without intervention.

   • Berth extension and dredging layout (multiple alternatives, considering future expansion to the east).

   • Suitability of dredged material for backfill.

   • Backfill and backfill improvement approach.

   • Dredged material disposal options.

   • Dredge and fill quantities.

   • Identification and similar assessment of other seagrass mitigation opportunities.

   • Stormwater treatment options, including offsite stormwater treatment mitigation.

   • DEP ERP (dredge/fill and stormwater) and COE permitting issues.

   • Pre-application meetings.

   • Cost Estimates.

   • Schedule.

     
     

     

     July 9, 2019

     Attn: Mr. George F. Isiminger, P.E.

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     Reference: Berth 4 Extension Investigation – Port Manatee

     
     

3. To deliver these tasks, Stantec has engaged specialty consultants; Moffatt & Nichole for marine engineering, GBA for hydrographic survey and dredging evaluation, CSA for environmental support, S&ME for geotechnical investigation and AXIS for aerial photography.

   

4. Old plans, permits and geotechnical information related to this site will be made available.

SCOPE OF SERVICES

200 Program Management

Stantec will provide support services for coordination of the project team and tracking project schedule, budget and delivery of the scope of services as per the following Tasks:

210 Project Management

Stantec will perform various regular project management related activities to support the Client’s management and administration of the overall project. Under this task, Stantec project manager will work closely with the team’s Task Managers to facilitate addressing project related issues, cross disciplines coordination, track budget, and maintain the project schedule.

220 Project Meetings and Coordinations

Stantec will establish and hold regularly scheduled meetings with the Client and project team. Based on the meeting agenda, appropriate Stantec and coastal team members will be invited to attend. Client team members to be included in meetings will be at the discretion of the Client PM. Stantec staff will attend meetings, prepare and track action item summaries.

Kickoff Meeting

Stantec staff, as well as coastal team members including staff from CSA, GBA, M&N, and S&ME, will attend one (1) kickoff meeting with the Port to review project tasks and deliverables, define prime and subconsultant roles and responsibilities, and determine project schedules and milestones.

Monthly Onsite Meetings

Stantec staff will attend monthly meetings onsite at the Port to provide updates on project task progress, review preliminary data and findings (as available), and discuss any ongoing or anticipated information needs, data gaps or scope deviations. For purposes of this scope of work, a total of two

(2) monthly onsite meetings (in addition to the kickoff meeting) are proposed.

Biweekly Conference Calls

Stantec will schedule a bi-weekly web-based tele-conference to update the Client on project progress, discuss issues requiring Client’s direction and clarification, and to receive updates on ongoing Port activities that may affect project activities. In advance of each meeting, Stantec will circulate a list of issues to be included on the agenda for the meeting and invite team members required to attend. For purposes of this scope of work, a total of six (6) biweekly calls are proposed.

July 9, 2019

Attn: Mr. George F. Isiminger, P.E.

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300 Environmental Services

310 Berth 4 Extension Impact Area

311 GIS Analysis

Stantec will conduct a GIS analysis using ArcGIS Spatial Analyst for unsupervised and supervised classifications of high resolution ortho-rectified digital color imagery (collected by Axis Geospatial SE, LLC). The purpose of these classifications is to spatially articulate and quantify the seagrass acreage within the area of impact associated with the Berth 4 Extension Project. GIS exhibits of the mapped seagrasses will be provided as part of the summary report that will be prepared by Stantec under Task 330 (Permitting Strategy/Approach & Mitigation Development), below.

Please note that Stantec will coordinate with the regulatory agencies prior conducting the GIS Aerial Analysis activities under this task (Task 311) or Task 321 below, Stantec cannot guarantee the approval/acceptance by the regulatory agencies of the location and extents of the mapped seagrasses.

Additionally, Stantec will coordinate directly with Axis Geospatial SE, LLC for the location and timing of the aerial imagery collection. As part of this coordination, Stantec will provide the extents of the subject area for the overflights, install ground control targets (Task 500, below) for subsequent orthorectification (to be conducted by Axis Geospatial SE, LLC) and schedule the collection of the aerial imagery to coincide with the most ideal conditions (i.e. low tide before 10 am, clear weather, no wind) to maximize the potential for the collection of suitable imagery for aerial analysis. However, if for any reason(s) beyond the control of Stantec or Axis Geospatial SE, LLC, there are disturbances to the water (i.e. turbidity, boat wakes, etc.) that diminish the quality of the aerial imagery where an accurate analysis cannot be conducted, additional imagery may have to be collected. As needed, Stantec will provide a scope and fee estimate (under separate cover) to the Port for review/approval for the collection of additional aerial imagery suitable for aerial analysis.

312 Ground-Truthing, Seagrass Mapping, and Assessment

Stantec will conduct assessments of ecological conditions for the anticipated area of impact associated with the proposed Berth 4 Extension. A breakdown of assessment tasks and activities is presented below.

• In-situ mapping and assessment of existing seagrasses using survey methods accepted by State and Federal regulatory agencies;

  
  

• Ground-truthing of the GIS analysis or the aerial imagery as referenced under Task 311, above; and

  
  

• GIS analysis and data visualization – QAQC

Please note that Stantec will coordinate with the regulatory agencies prior conducting the seagrass mapping and assessment activities under this task (Task 312) or Tasks 321-325, below. However, Stantec cannot guarantee the approval/acceptance by the regulatory agencies of the location and extents of the

July 9, 2019

Attn: Mr. George F. Isiminger, P.E.

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Reference: Berth 4 Extension Investigation – Port Manatee

mapped seagrasses or the results of the desktop and/or field assessments that will be used in the development of the Uniform Mitigation Assessment Method (UMAM – Chapter 62-345, Florida Administrative Code) evaluations to be conducted, by Stantec, under Task 330, below.

320 Project Mitigation Areas - GIS Analysis and Ground-Truthing & Seagrass Mapping and Assessment, Desktop Review, and Field Investigations

Stantec will conduct assessments of ecological conditions at each of the potential mitigation areas described below. The level of effort required for each site will depend on the status and availability of existing information and the extent of proposed activities required to meet project objectives. A breakdown of assessment tasks and activities for each site is presented below.

Please note that the field studies of the potential mitigation areas below will only be conducted at the individual mitigation areas recommended by the regulatory agencies during the Pre-Project Agency Meetings (Section 330, below) and as approved by the Port. Thus, none of the detailed/field investigation activities referenced below under Tasks 321-325 will be implemented without the Port’s review/approval of a preliminary assessment to be conducted by Stantec as part of Task 330.

1. Spoil Island Mitigation Areas (East and Southwest) – GIS Analysis (As needed based on regulatory agency recommendation and Port approval)

   Similar to the methodology referenced above under Task 311, Stantec will conduct a GIS analysis using ArcGIS Spatial Analyst for unsupervised and supervised classifications of high resolution ortho-rectified digital color imagery (collected by Axis Geospatial SE, LLC). The purpose of these classifications is to spatially articulate and quantify the seagrass acreage within the potential mitigation area located east and southwest of the Spoil Island (Manbirtee Key). GIS exhibits of the mapped seagrasses will be provided as part of the summary report that will be prepared by Stantec under Task 330 (Permitting Strategy/Approach & Mitigation Development), below.

   
   

2. Spoil Island Mitigation Areas (East and Southwest) – Ground-Truthing, Seagrass Mapping, and Assessment (As needed based on regulatory agency recommendation and Port approval)

   Stantec will conduct assessments of ecological conditions for the potential Spoil Island Mitigation Areas (east and southwest). A breakdown of assessment tasks and activities is presented below.

   
   

   • In-situ mapping and assessment of existing seagrasses using survey methods accepted by State and Federal regulatory agencies;

     
     

   • Ground-truthing of the GIS analysis or the aerial imagery as referenced under Task 311, above; and

     
     

   • GIS analysis and data visualization – QAQC

     Please note that additional marine engineering studies (i.e. sediment transport, hydrodynamic, wave transformation, or morphological modeling) may be required

     July 9, 2019

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     for development of this mitigation option and agency acceptance of a concept plan. These estimated fees for these additional marine engineering studies are provided below under the Contingencies task (Task 720) for Port review/approval.

     
     

3. Skyway Bridge Mitigation Area – Desktop Review (As needed based on regulatory agency recommendation and Port approval)

   
   

   Stantec will conduct a desktop review (no field activities) of publicly available information from previously conducted (by others) dredge hole beneficial use analyses and ecological assessments as well as available information provided by the Port or Port recommended entity to Stantec regarding Rattlesnake Key development activities.

   
   

   The information obtained during the desktop review will be used to the develop the summary report referenced under Task 330 (Permitting Strategy/Approach & Mitigation Development), below.

   Please note that there are no field studies referenced under this task (Task 323).

   
   

4. Perico Preserve Mitigation Area – Field Investigation (As needed based on regulatory agency recommendation and Port approval)

   
   

   Stantec will conduct and in-situ evaluation of existing seagrass via line-intercept survey as accepted by State and Federal regulatory agencies

   
   

   Stantec will also conduct a desktop survey of ecological assessment information from prior/ongoing restoration activities including habitat utilization priorities and cross- watershed mitigation feasibility analysis.

   
   

   The information obtained during the field investigation will be used to the develop the summary report referenced under Task 330 (Permitting Strategy/Approach & Mitigation Development), below.

   
   

5. St. Petersburg Seagrass Mitigation Bank – Desktop Review (As needed based on regulatory agency recommendation and Port approval)

Stantec will conduct a desktop review only of permitting status and credit availability timeframes. The information obtained during the desktop review will be used to the develop the summary report referenced under Task 330 (Permitting Strategy/Approach & Mitigation Development), below.

There are no field activities proposed under this task (Task 325).

330 Permitting Approach/Impact and Mitigation Analysis

Pre-Project Agency Meetings

July 9, 2019

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Stantec will attend pre-project meetings with applicable regulatory agencies to present conceptual project tasks including survey (i.e. mapping of seagrass limits) and characterization (i.e. Uniform Mitigation Assessment Method or UMAM – Chapter 62-345 F.A.C.) methodologies/approaches for impact and mitigation areas, identification of potential mitigation areas, and anticipated project permitting constraints.

The intended goal of these introductory agency meetings is to get feedback and agreement regarding the functional loss (FL) of the conceptual project design impacts as well as the relative functional gain (RFG) of proposed mitigation option(s) and to learn about agency priorities and concerns relative to permitting. Federal and state regulatory agencies and commenting entities will include:

• Florida Department of Environmental Protection (FDEP);

• US Army Corp of Engineers (USACE); and

• National Oceanic and Atmospheric Administration (NOAA) – National Marine Fisheries Service (NMFS).

  
  

  Please note that Stantec cannot guarantee agreement by the regulatory agencies or commenting entities of the assessment methodologies, characterizations, and/or evaluations.

  Stantec will try to coordinate with multiple agencies together to the extent possible, but it is anticipated that up to three (3) separate pre-project meetings may be needed to accommodate agency schedules.

  
  

  Additionally, Stantec has included effort for two (2) teleconference calls to obtain precursory information from local organizations involved in prior restoration and beneficial use evaluations of dredge holes and long-shore bar restoration in Tampa Bay as well as the St. Petersburg Seagrass Mitigation Bank currently under development. Teleconference calls will be set up with:

  
  

• Tampa Bay Estuary Program (TBEP) (Dredge Holes and Longshore Bars); and

• City of St. Petersburgh / Tampa Bay Watch (St. Petersburgh Seagrass Mitigation Bank)

  
  

  Agency Site inspections

  In addition to the pre-project meetings referenced above, Stantec anticipates each of the regulatory agencies will require a site visit to observe the area of proposed impacts as well as to evaluate each of the proposed mitigation sites. Stantec will coordinate with each agency to visit each site in the most efficient manner possible. For purposes of this scope of work, Stantec is proposing a total of up to three (3) days to visit all sites as follows:

  Days 1 and 2

  
  

  • Berth 4 Impact Area

  • Spoil Island Mitigation Areas (East and Southwest) Day 3

  • Perico Bayou Mitigation Area

    Please note that no site inspection is anticipated for the Skyway Bridge Mitigation Area or St. Petersburg Seagrass Mitigation Bank site.

    July 9, 2019

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    Summary Report Preparation

    Following the completion of the field study activities, desktop studies, and agency meetings as referenced above, Stantec will prepare a summary report including:

    
    

  • Description of the proposed Berth 4 Extension Project;

  • Seagrass mapping and assessment methodology used for field study activities;

  • Seagrass survey results and functional loss assessment for proposed impact area (including GIS exhibits);

  • Mitigation area feasibility analysis for site selection;

  • Seagrass survey results and functional gain assessment for proposed mitigation area(s) (including GIS exhibits);

  • Regulatory permitting constraints review; and

  • Estimated cost for selected mitigation option(s).

400 Civil Engineering Support Services

Stantec will provide civil engineering services required to support the planning of Berth 4 extension. These services will be in general as follows:

• Evaluate the Berth planning concepts developed by the marine engineer for civil engineering issues, such as:

  • Grading

  • Flood elevation

  • Stormwater management system

  • Conceptual layout of stormwater treatment vault and/or equivalent treatment alternative evaluation

  • Required utility services extension

  • Traffic access to/from the port roadway system, etc.

• Assess the conceptual level of utility (water, wastewater, power, communication, etc.) requirements with consideration of the potential future facilities, such as warehouse, restroom, etc. per information provided by Port Manatee.

• Identify fire protection requirements of the project.

• Prepare conceptual site/civil improvement plan based upon the Conceptual Site Plan, as approved by the Port Manatee. This plan will show conceptual location of the utilities, stormwater collection and conveyance system, stormwater vault concept and traffic access.

  Deliverables

  
  

• Improvements Narrative

• Conceptual Site Improvements Plan

500 Survey

Stantec will provide survey services required to support the collection of 3-Band true color ortho Imagery rectified and mosaicked with a pixel resolution of 0.25 ft (GSD). These services will be in general as follows:

July 9, 2019

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Reference: Berth 4 Extension Investigation – Port Manatee

• Stantec will install, locate, and maintain the ground survey control for up to six (6) locations as specified by AXIS Geospatial SE, LLC within the proposed Berth 4 impact area and Spoil Island (east and southwest) mitigation areas.

  
  

• Aerial panels (i.e. painted or other) will be in the shape of an hourglass with alternating black and white triangles 4’ in size or as otherwise approved by the photogrammetrist.

  
  

• The control survey data be accompanied by a signed and sealed report certified to Florida Standards of Practice under Chapter 5J-17. The control information and datum supplied will be the basis for controlling the photography for the digital mapping.

600 Sub-Consultant Tasks

610 CSA Ocean Sciences, Inc.

CSA Ocean Sciences, Inc. will provide project and agency meetings, coordination, and QAQC review services.

620 Gahagan & Bryant Associates

GBA will provide the hydrographic survey and dredging evaluation required for the project.

1. Document and Data Collection and Review

   
   

   • Gather and review existing historical data and documents

     
     

2. Hydrographic and Topographic Survey

   
   

   • Conduct single beam hydrographic surveys

   • provide standard survey deliverables, which include:

     • Survey summary report

     • Bathymetric maps and cross sections

     • ASCII text files containing easting, northing, and elevation data

       
       

3. Borings and Dredge Material Analysis

   
   

   • Review Existing logs to evaluate locations and depths, material hardness, SPT values, grain size, and stratification of material types

   • Convert Boring logs into digital formats for future development of material stratification and quantities

     
     

4. Berth Extension and Dredge Layout Alternatives and Conceptual Design

   
   

   • Evaluate conceptual project alternatives developed by the team and perform feasibility level evaluation of those alternatives. All alternatives will be reviewed/approved by the Port prior to advancing the design or discussion with regulatory agencies.

     July 9, 2019

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5. Dredge Material Disposal Options

   
   

   • Develop placement options of dredge material taking into consideration the material types, time frame when dredging will occur, distance of transport of materials, economics of development, and constructability

     
     

6. Dredge and Fill Quantities

   
   

   • Determine material types and quantities available within the proposed dredging limits, pre‐existing and new boring data

     
     

7. Preparation of Deliverables

   
   

   • Prepare exhibits, drawings and report elements

630 Moffatt & Nichol

M&N will provide the required marine engineering and Berth planning services required for the project.

631 Meetings and Coordination 632 Field Investigations

• Hydrographic survey support

• Geotechnical boring location support

• Submerged aquatic vegetation support

633 Mitigation Concept Development

• Seagrass mitigation concept development

• Report of Study Findings and Recommendations

634 Berth Concept Development

• Prepare berth extension concepts

• Evaluate the potential dredged material

• Identify seagrass mitigation opportunities

• Prepare a concept level opinion of probable construction cost

• Review design/bid/build and design/build procurement options and will summarize the pros and cons of each

• Develop a concept level design, permitting, and construction schedule

635 Permitting Support

• Identify potential DEP ERP and USACE permitting issues and strategies

• Attend Pre-application meetings

July 9, 2019

Attn: Mr. George F. Isiminger, P.E.

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Reference: Berth 4 Extension Investigation – Port Manatee

640 Axis Geospatial SE LLC

AG will provide the aerial photographic required for the project.

641 Georeferenced Airborne Data

• Airborne acquisition of digital imagery

• Digital aero-triangulation of imagery for georeferencing

642 Mapping Deliverable Production

• Stereo compilation of mass points and break lines to support digital ortho rectification

• Map Production / Finishing Labor for digital surface generation and review

• Processing for RGB, 8-bit per channel, digital orthoimage tiles

643 Miscellaneous

• Project Administration and Management

• Shipping & Handling via UPS or FTP

• Production Management

650 S&ME

S&ME will provide the required geotechnical investigation for the project.

1. Professional Services - Geotechnical

   
   

   • Project Setup, Management

   • Permitting/Access

   • Data Review

   • Analyses

   • Report Preparation

   • Meetings

     
     

2. Field Testing Services – Geotechnical

   
   

   • Mobilization - Drill Rig Truck

     • SPT drilling – Land

     • Grouting of SPTs – Land

     • Casing – Land

   • Mobilization - Drill Rig Barge and support boat

     • SPT drilling – Water

     • Core drilling – Water

     • Extra SPT Samples

     • Grouting of SPTs – Water

     • Casing – Water

   • Day rate for mitigation samples

   • Support Boat

     July 9, 2019

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   • Undisturbed Samples

   • Rig time – access, safety meetings, etc.

   • Engineer to log SPTs

   • Per Diem (2-man crew per day)

   • Per Diem (engineer)

   • Misc. Equipment

     
     

3. Laboratory Testing Services – Geotechnical

   
   

   • Sieve analyses

   • Unconfined Compressive strength (rock)

   • Splitting Tensile strength (rock)

   • Atterberg Limits

   • Natural Moisture Content

   • Organic Content

   • Consolidation

   • Shipping

   • Corrosion series

   • Specific gravity (soil)

     
     

4. Professional Services - Environmental

   
   

   • Project Setup, Management

   • Permitting/Access

   • Data Review

   • Analyses

   • Report Preparation

   • Meetings

     
     

5. Field Testing Services – Environmental

   
   

   • Mobilization - Drill Rig Truck

     • SPT drilling – Land

     • Grouting of SPTs – Land

     • Casing – Land

   • Mobilization - Drill Rig Barge and support boat

     • SPT drilling – Water

     • Grouting of SPTs – Water

     • Casing – Water

     • Extra SPT Samples

   • Day rate for mitigation samples

   • Support Boat

   • Undisturbed Samples

   • Rig time – access, safety meetings, etc.

   • Engineer to log SPTs

   • Per Diem (2-man crew per day)

   • Per Diem (engineer)

   • Water samples

   • Misc. Equipment

     July 9, 2019

     Attn: Mr. George F. Isiminger, P.E.

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6. Laboratory Testing Services – Environmental

   
   

   • Sieve analyses

   • Atterberg Limits

   • Natural Moisture Content

   • Organic Content

   • Shipping

   • ICP/MS Metals

   • Standard Elutriate

   • Corrosion series

700 Contingencies (Allowance)

In the event that additional work efforts are needed, and scope of services required is defined under this section (Section 700), a specific Scope of Service and a Fixed Fee amount will be established for the Client’s approval prior to execution of the work.

710 General

If requested, Stantec will provide other assistance and support services to the Client on an as needed basis. These services may include, but not be limited attending additional meetings, coordination with agencies, additional aerial photography, etc. Any additional services will be based on pre-approved scope and fee by the Client.

720 Sediment Transport, Hydrodynamic, Wave Transformation, and Morphological Modeling

If requested, Stantec will provide hydrodynamic, wave transformation, sediment transport, and morphological modeling to support the development of the conceptual plan for potential mitigation areas (i.e. Spoil Island (east and southwest) and Skyway Bridge Mitigation Areas). Any additional services will be based on pre-approved scope and fee by the Client.

TIME OF PERFORMANCE

The professional services specified in this proposal will be delivered by November 15, 2019 or within 30 business days following regulatory agency coordination after completion of the field studies as specified in the scope of services above. State regulatory agency requirements dictate that seagrass survey/mapping and assessment activities be completed prior to October 31st. However, NMFS guidance requires these activities to be completed by September 30th. Stantec will complete all seagrass survey/mapping and assessment activities pursuant to NMFS guidance, provided the notice to proceed is issued in a timely manner in advance of survey period.

GENERAL CONDITIONS AND UNDERSTANDINGS

1. All communication will be through the Client.

2. The Client will supply Stantec with the detailed objectives and requirements of the project.

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3. Any and all review application, permitting, impact and connection fees, if applicable, are to be paid by the Client. Stantec will provide the fee amount to the Client after the pre-application meetings with the agencies, if required.

4. Evaluation of the proposed improvements are limited to the Berth 4 area and does not include assessment of any offside improvements.

   

5. Client will furnish Stantec with any readily available information pertaining to the subject project.

   
   

   EXCLUDED SERVICES

   
   

   The professional services required to deliver this project, as described in the RFQ, will be provided by Stantec under this Proposal/Agreement. The services in this scope are the professional services considered necessary for the stated purpose. However, services such as the ones listed below are not anticipated to be required for delivery of this project:

   
   

   • Archaeological Services

   • Preparation of applications for rezoning, and land use amendments.

   • FEMA floodplain permitting, including the preparation of applications for a Letter of Map Revision (LOMR) or a Conditional Letter of Map Revision (CLOMR)

   • Design and permitting of new utility services such as water, wastewater, etc.

   • Traffic studies

   • Services associated with hazardous materials

   • Preparation of an application for a water use permit or well construction permits from SWFWMD.

   • Preparation of colored renderings.

   • Application for permits

   • Preparation of construction plans

FEES

The compensation to be paid to Stantec for providing the services described in the Scope of Services shall be the attached Fee Estimate. All fixed fee tasks/services will be invoiced monthly based on the percent completion of the task. All time and material tasks/services will be invoiced in accordance with the enclosed schedule of fees. It should be noted that if the scope or duration of the project changes, Stantec will need to re-evaluate these fee amounts. Additional services are subject to prior written contract amendment as approved by the Port. All additional services will be invoiced on a time and material basis, unless Stantec and Client agree otherwise.

Please note that fee task/services associated with evaluation of the potential mitigation area options referenced herein may be adjusted based on regulatory agency recommendations and Port approval.

Attachment: Attachment “A” - Fee Estimate Attachment “B” - Schedule of Hourly Rates

Attachment “C” – Stantec Man Hours Backup Table Subconsultants Proposals

Attachment “D” - CSA Attachment “E” - GBA Attachment “F” – M&N Attachment “G” – AXIS Attachment “H” - S&ME

ATTACHMENT "A" FEE ESTIMATE

Notes

*

Please note that the field studies of the potential mitigation areas will only be conducted at the individual mitigation areas recommended by the regulatory agencies during the Pre-Project Agency Meetings and as approved by the Port.

Attachment “B” SCHEDULE OF HOURLY RATES

Effective January 1, 2019

Unit billings, such as printing and survey materials, will be billed at standard rates. All other out-of- pocket expenses will be billed at cost +10%.

Z:\billing_level_rates\2019\Schedule of Fees-2019_table-20181009.docx

Stantec

Port Manatee Berth 4 Extension Man Hours Backup

ATTACHMENT "C"

Man Hours Backup

Attachment "D"

MEMORANDUM

Date: 27 June 2019

To: Ray Dennis III, Senior Associate, Stantec

From: Mark Fonseca, Vice President, CSA Ocean Sciences Inc. Re: Revised Port Manatee Seagrass Mitigation Support

This memo describes the role, cost and approximate hours for Dr. Mark Fonseca to provide support to Stantec on the subject project. Services provided in the cost estimate (see table, below) are comprised of the following Not to Exceed levels of effort:

• 2 call in meetings at 3h each (6h total)

• 3 in person meets at 2 days each (6 days * 8 = 48 total) including overnight accommodations, meals and rental vehicle

• Document review and development (12h total)

  
  

  Task	Description	Cost	Approximate total hours
  611	Project and Agency Meetings, Coordination, and QAQC Review	$20,032	66

  
  

  Any level of effort exceeding that described above will require an amendment to any agreement. This document is a cost estimate and not a contract and does not create a binding agreement between CSA and Stantec or any other party.

  
  

  Thank you for your consideration of CSA and we look forward to a productive collaboration in support of Stantec and the client. Please let me know if you have any questions.

  
  

  mfonseca@conshelf.com (252)241-1564

  Berth 4 Expansion Feasibility Study Scope of Work

  7-03-2019

  Attachment "E"

  

  
  

  

  Port Manatee Berth 4 Extension – Feasibility Study

  
  

  Introduction

  Previous investigations to evaluate the benefits of navigation improvements at Port Manatee were performed by the U.S. Army Corps of Engineers (USACE) in the early 1970s. They resulted in a federal project being authorized at a depth of 40’. The constructed federal project consists of a 400’ wide, 3-mile entrance channel at -40’ MLLW. The authorized depth in the adjacent Tampa Harbor Ship Channel at the entrance flare is -43’ MLLW.

  
  

  Recent increases in port traffic warrants an immediate evaluation of berth expansion and infrastructure improvements within the Port.

  
  

  As a member of the Stantec Team, GBA proposes to evaluate the Berth 4 expansion navigational improvements that will facilitate additional maritime commerce for the Port Manatee. GBA will specifically evaluate navigation and berthing area alternatives to accommodate two (2) vessels along Berth 4/5. The anticipated design draft for the project currently ranges from -40’ MLLW to -43’ MLLW based on currently authorized federal channel depths.

  
  

  As part of this effort, GBA will review existing historical data, conduct preliminary field investigations, evaluate conceptual project alternatives for improvements, and provide preliminary dredging engineering analysis of the alternatives. The tasks to accomplish this effort are outlined in this document.

  
  

  SCOPE OF WORK AND COST

  
  

  Task 1: Document and Data Collection and Review

  (GBA Budget: $6,542)

  
  

  GBA will gather and review existing historical data and documents to assist in the development of design criteria for project alternatives. Data and documents of interest may include, but are not limited to, the following:

  
  

• Port Manatee Master Plan

• USACE Feasibility Reports

• USACE Design Memorandum

• USACE Tampa Harbor and Port Manatee DMMP

• USACE and Port Manatee dredging records

  

  Berth 4 Expansion Feasibility Study Scope of Work

  7-03-2019

  

  Task 2: Hydrographic and Topographic Survey

  (GBA Budget: $10,006)

  
  

  GBA will conduct single beam hydrographic surveys of the northern turning basin of the Manatee channel adjacent to Berths 4 & 5 and will extend the survey northward for a distance of approx. 1,000’ to cover the potential expansion area of the basin. The survey coverage will also include two potential mitigation areas of seagrass flats adjacent to Manbirtee Key (See attached Figure 1 for survey coverage). Additionally, topographic surveys will be performed of the existing rip-rap revetment along the north shoreline adjacent to Berth 4 to quantify rock available for potential reuse. These surveys, intended for conceptual designs, will be performed using Real-time Kinematic (RTK) Global Positioning System (GPS) along with a survey grade fathometer for data collection. Surveys will be referenced to USACE control monumentation and local NOAA referenced tidal benchmarks. GBA will also survey the locations of existing Aids to Navigation (ATONs). GBA will provide standard survey deliverables, which include:

  
  

• Survey summary report

• Bathymetric maps and cross sections

• ASCII text files containing easting, northing, and elevation data

  Surveys will meet or exceed the guidelines and standards outlined in the USACE Hydrographic Survey Manual EM 1110-2-1003.

  
  

  Task 3: Borings and Dredge Material Analysis

  (GBA Budget: $5,876)

  
  

  Soil borings in prior reports will be reviewed pertaining to the dredgability of the material and to provide for estimates of dredge production rates. Existing logs will be reviewed to evaluate locations and depths, material hardness, SPT values, grain size, and stratification of material types.

  
  

  While boring data exists for the turning basin area and the existing Berth 4 bulkhead area, additional borings will be acquired along the Berth 4 bulkhead extension and within the expanded berth and basin dredge areas. GBA will provide a staff geologist to witness and record field classification of boring data within the dredging areas, in order to get a firsthand assessment of material characteristics and dredgability. Boring logs, provide by others, will be converted into digital formats for future development of material stratification and quantities.

  
  

  Task 4: Preliminary Berth Extension and Dredging Layout Alternatives and Conceptual Design

  (GBA Budget: $38,764)

  
  

  Based on the available historical documentation and data, surveys, design vessel requirements, and client objectives, GBA will evaluate conceptual project alternatives, developed by other team members, and perform feasibility level evaluation of those alternatives.

  

  Berth 4 Expansion Feasibility Study Scope of Work

  7-03-2019

  

  Various dredging methodologies and placement alternatives will be evaluated based on capacity, beneficial use, and cost within the specific site constraints.

  
  

  When designing a dredging project, GBA includes the analysis and evaluation of all materials to be dredged in order to determine the best dredging and placement methods to meet the project requirements. Results of the geotechnical investigation and data from previous dredging projects will be the starting point of the design. GBA will review the geotechnical results as well as other data (i.e., water depths, sea conditions, equipment access, time of year restrictions, etc.) to help determine the equipment best suited for removal of the materials based on dredgability and transport distances to the final placement site. Dredge production rates for development of the options will be based on the geotechnical data (i.e., how quickly the materials can be dredged), transport distances, and any other physical constraints including the time of year.

  
  

  Additionally, GBA will consult and coordinate with the Jacksonville District Army Corps of Engineers to identify issues and concerns to be addressed to satisfy the requirements of a Section 408 review, which will ensure that authorized project benefits for the federal project are not compromised by alterations or additions made by the local sponsor and that the project meets the Corps current criteria and design standards. Coordination will also be performed to address the requirements of Section 204(f) to provide for potential federal reimbursement and the federal assumption of future maintenance dredging of the expanded berth area. The effort will include meetings in the Jacksonville District office with the District engineer and the Corps project manager. Estimates of shoaling quantities, within the expanded berth area, shall be made based on existing historical survey data and dredging records to determine the additional fiscal burden of an expanded federal project. Based upon the final conceptual design, the assessment of project environmental impacts and proposed mitigation will be presented and discussed with District staff to provide for a preliminary determination of the acceptability of an environmental assessment versus an environmental impact statement.

  
  

  Task 5: Dredged Material Disposal Options

  (GBA Budget: $33,284)

  
  

  A review of the Tampa Bay Estuary Program master plan, the USACE DMMP for Tampa Harbor, and others during the planning process will help develop the available placement options. Additionally, seagrass mitigation requirements may provide for supplemental disposal areas. GBA will evaluate placement options, developed by the other team members, taking into consideration the material types, time frame when dredging will occur, distance of transport of materials, economics of development, and constructability. Potential placement options may include the backfill of the Berth 4 Extension, the Port’s upland disposal site, in-bay relic dredge pits, mitigation berms to protect seagrass areas and/or other identified marsh fill areas.

  
  

  Material factors for potential beneficial use and placement alternatives include:

  

  Berth 4 Expansion Feasibility Study Scope of Work

  7-03-2019

  

• Suitability of materials for upland fill/terminal creation based on potential rate of consolidation, grain size, and quality of material types available for construction (i.e., sand may be abundant in the channel which works well for landfill creation)

• Suitability of materials for shallow water habitat and wetland development (i.e., fine grain materials are often used for habitat construction due to the low shear strength properties and typically are not suitable for upland construction)

• Evaluating fill placement by determining the best order of when materials will be dredged and where they should be placed in the filling sequence

Once the placement alternatives have been identified, GBA will provide an evaluation of placement options, utilizing feasibility reports, drawings, and schematics to better understand the constructability and costs associated with each alternative/placement option. The drawings will show water depths, footprints of areas considered for material placement, typical cross sections of fill/dikes, and other shoreline/water features.

The acquisition of supplemental data to define topography, bathymetry or foundation conditions at the disposal option sites is not included within this scope of work and will be performed under future phases of project development.

Task 6: Dredge and Fill Quantities

(GBA Budget: $9,182)

In order to make a determination of material types and quantities available within the proposed dredging limits, pre-existing and new boring data, and experience from previous dredging projects in the area will be utilized to create a material profile within the proposed dredge areas. This process is necessary to determine the amount of material available for terminal wharf construction versus alternative placement/beneficial use.

In order to estimate the volumes of the different material types, the boring information is plotted to scale along the length of the dredge area, and the profiles are converted into three-dimensional digital terrain models. Material classifications are then input as separate material layers and extrapolated across the width of the channel. Surveys of the dredge area and channel dredging templates form the upper and lower boundaries of the digital terrain models. Average end area volumes are then calculated from the models. With these elements, we will determine the capacity and quantities of materials required (i.e., sand, rock, mud, etc.) for each design option and placement alternatives under consideration.

Task 7: Preparation of Deliverables

(GBA Budget: $12,210)

GBA will prepare exhibits, drawings and report elements describing the information reviewed, project alternatives considered, and the engineering evaluations performed regarding the construction of those alternatives. The report elements will include plan view drawings of the alternative projects, planning

Berth 4 Expansion Feasibility Study Scope of Work

7-03-2019

level cost estimates, and approximate schedule for construction. An overview of recommendations and required future work for further development of the selected alternative(s) will be included.

BASIN

TAMPA BAY

TAMPA BAY

100 FT. SURVEY LINES

TURNING

AREA

DREDGE

BERTH 5

BERTH 4

BERTH

EXTENSION

AREA

Figure 1. Hydrographic Survey Coverage

GAHAGAN AND BRYANT ASSOCIATES, INC.

July 8, 2019

501 E. Kennedy Blvd, Suite 1910

Tampa, FL 33602

(813) 258-8818

www.moffattnichol.com

Attachment "F"

Stantec

777 S Harbour Island Boulevard Suite 600 Tampa FL 33602-5729

Attn: Hamid Sahebkar

Subject: Port Manatee Berth 4 Extension Feasibility Study

Dear Hamid,

Congratulations to Stantec for assembling an All-Star team to support Port Manatee in evaluating the feasibility of extending Berth 4. We are excited to be a part of the team and to continue to grow our relationship with Stantec and Port Manatee.

This proposal was prepared based on the Scope of Work included in the RFQ issued by Port Manatee with the goal being to help Port Manatee determine the feasibility and conceptually design the project and begin the permitting process of extending Berth 4, including the requisite dredging, considering the existing seagrass, and prior mitigation efforts in the berth extension area. M&N understands the following to be the roles of the team members on the project:

• Stantec – Project management, seagrass mitigation lead, landside concept lead, stormwater system lead, permitting lead

• M&N – Waterside lead including wharf extension and dredging area concept development; oversight and review of dredge material disposal options and review of dredge and fill quantities; permitting support

• Gahagan and Bryant – Dredging and dredge disposal lead; survey

• CSA – Seagrass survey and mitigation support

• S&ME – Geotechnical exploration and engineering

  
  

  The following tasks outline our approach to the scope of work and include the entire scope of work with indication of other team members expected to complete that item, where appropriate.

  
  

  SCOPE OF WORK

  Meetings and Coordination

• M&N will coordinate with Stantec, the other team members, and Port Manatee through on-site meetings, phone calls, online meetings, and e-mail to share information, ideas, and progress.

• M&N will attend the following meetings:

  Stantec

  July 8, 2019

  
  

  • Kickoff meeting (on-site). M&N will attend a site visit with Stantec to observe the site and to gather information from Port representatives regarding prior planning efforts.

  • Monthly progress meetings (on-site) – assumes 2 meetings in addition to kickoff meeting

  • Bi-weekly (every other week) progress calls with Stantec and/or Port

    
    

    Field Investigations

• M&N will support Stantec in identifying areas to be investigated by other team members.

  • Hydrographic survey. (GBA) – M&N will work with the team to prepare a sketch or exhibit showing the limits of survey needed for the future berth extension.

  • Borings. (S&ME) – M&N will identify locations of in-water borings to be collected by S&ME. Borings will be used to identify nature of dredge material, collect soil parameters for engineering in wharf alignment, and identify depth of rock substrata, if necessary. S&ME will also collect grab samples at the mitigation areas to determine median grain size and specific gravity of the in-situ materials.

  • Submerged aquatic vegetation (SAV) survey, including mapping and characterization. (Stantec/CSA) M&N will prepare a sketch of areas expected to be impacted by the berth extension.

    
    

    Mitigation Concept Development

• M&N will support Stantec in seagrass mitigation concept development. We expect our role to be review and coordination of the Stantec developed concepts with regards to the berth concept and expected operation as well as sediment transport modeling and mitigation area protection concepts.

  • M&N will review concepts for reducing the wave energy at the mitigation sites and will use desktop analyses to conceptually evaluate the impacts of structures and other modifications.

• M&N assumes Stantec and or CSA will complete the following tasks.

  • Identification of new (in addition to the three previously identified) seagrass mitigation opportunities. Sediment modeling of these sites is not included in this scope of work. (Stantec/CSA)

  • Functional analysis and mitigation credit assessment of impact and multiple (given and new) potential mitigation sites, with and without intervention. (Stantec/CSA)

    
    

    Berth Concept Development

• M&N will work with the Port to identify desired cargo and functionality of the berth and will prepare berth extension concepts.

  • M&N will work with Stantec and the Port to develop a basis of concept. This will include the following:

    • Target design lift

    • Design storm conditions

    • Loading criteria

    • Design vessel

    • Target cargo and functionality

  • M&N will coordinate with Stantec and the Port to develop berth extension and dredging layouts (multiple alternatives, considering future expansion to the east).

    • This includes review of Berth construction options including pile supported (minimal fill) and sheet pile bulkhead (includes fill).

    • M&N will analyze navigation into the berth based on industry standard desktop methods. M&N will meet with the Bay Pilots to solicit input on acceptable navigation criteria for developing the berth.

      Stantec

      July 8, 2019

      
      

  • Berth extension concepts will include consideration of future berth development plans to the north and upland development plans to the east and will include consultation with the Port.

  • M&N will conduct AutoCAD “Autoturn” and truck maneuvering analyses to determine minimum and preferred berth width for the desired cargo functionality and to develop potential traffic flow concepts that offer future flexibility.

  • M&N will prepare a phased development plan reflecting the ultimate berth build-out including the backlands as well as intermediate steps that may be required due to budget, permit, or schedule limitations. This does not include container yard or lighting layout of the backlands to be included in future phases.

• M&N will work with S&ME and GBA to evaluate the potential dredged material for the following:

  • Suitability of dredged material for backfill and means to improve dredged material for use as backfill. Includes use for berth and seagrass mitigation.

  • Unsuitable dredged material disposal options.

  • Dredge and fill quantities to be determined by GBA based on the dredge footprint developed by M&N.

• Using the developed concepts, M&N will work with the Port and Stantec to identify other seagrass mitigation opportunities.

• M&N assumes Stantec will evaluate stormwater treatment options, including offsite stormwater treatment mitigation.

• M&N will prepare a concept level opinion of probable construction cost for dredging and wharf construction including up to 3 alternative berth alignments. These costs will be based on concept level quantities and industry experience on projects of a similar nature. Detailed quantities and labor estimates are not included in this scope of work.

• M&N will review design/bid/build and design/build procurement options and will summarize the pros and cons of each, particular to this project, in a memorandum report.

• M&N will work with Stantec to develop a concept level design, permitting, and construction schedule for the Berth 4 extension.

  
  

  Permitting Support

• M&N will work with Stantec to identify potential DEP ERP (dredge/fill and stormwater) and COE permitting issues and strategies for obtaining the environmental permits.

• M&N will attend Pre-application meetings with Stantec at FDEP and USACE local field offices.

• Does not include permit applications or permit application exhibits.

  
  

  DELIVERABLES

  Deliverables for this project include the following:

• Field investigation sketches

• Basis of Concept report

• Wharf and dredging concept sketches (up to 3 alternative alignments) in CADD and PDF format

• Comments on dredged material disposal options prepared by GBA

• Opinion of Probable Construction Cost for Dredging, Dredged Material Disposal, and Wharf Construction. Includes lighting and fire water on the wharf.

• Procurement memorandum

Stantec

July 8, 2019

FEE

The lump sum fee to complete this scope of work is $76,890.

Moffatt & Nichol looks forward to the opportunity to continue to work with Stantec to support the future growth of Port Manatee. Should you have any questions or comments regarding this proposal, please don’t hesitate to contact me.

Sincerely,

MOFFATT & NICHOL

Michael Herrman, P.E. Senior Project Manager

BUDGET - CURRENCY USD

Port Manatee Berth 4 Extension Study

Project Fee Proposal

BUDGET - CURRENCY USD

Port Manatee Berth 4 Extension Study

Contracted Billing Rates

Attachment "G"

July 3, 2019

Mr. Hamid Sahebkar, P.E. Principal

Stantec Consulting Services Inc. 777 S. Harbour Island Boulevard Suite 600

Tampa, FL 33602-5729

RE: Port Manatee Seagrass Orthoimagery Proposal AXIS Estimate No. 19-0078 (Imagery Only; v3)

Dear Mr. Sahebkar,

Thank you for choosing Axis Geospatial SE (AXIS). We appreciate your business and promise STANTEC the best in professionalism, quality and customer service. The following proposal has been prepared utilizing the latest industry technologies in accordance with the State of Florida Standards of Practice set forth in Chapter 5J-17.

This proposal and quoted fees are based on the acquisition of digital imagery for the Port Manatee Seagrass project as defined in the .KMZ files provided in emails by Darin O’Neal and Ray Dennis dated June 13, 2019 and July 2, 2019 respectively. AXIS added a 200’ buffer around the project areas, making the combined areas of the Berth 4 Impact Area, the Spoil Island Restoration Area and the Spoil Island SW Mitigation Area approximately 400 acres.

In response to your request for a proposal for digital orthoimagery for the Port Manatee sites; AXIS has:

 Prepared an imagery flight plan to acquire 3-Band digital imagery with a 7.5 cm (GSD) pixel resolution, AGPS/IMU processing, raw data processing;

 Estimated the effort to measure and process data to calculate an acceptable aero-triangulation solution;

 Estimated the time to stereo compile a surface of breaklines and mass points for support image rectification;

 Estimated level of effort to create 3-band true color digital ortho Imagery rectified and mosaicked with a pixel resolution of 0.25 ft. (GSD)

Deliverables

• True color 3-band (R,G,B) GeoTiff files with .tfw files with a pixel resolution of 0.25 ft.

AXIS calculated the proposal fees based on the polygon outlined in “blue” on the attached flight map and contained in the associated Google Earth. KML file.

The project schedule is based on current workload forecasts 30 days from date of proposal. Scheduling forecasts are subject to change based on current workload at the time of Authorization-to-Proceed.

As with all aerial data acquisition missions, weather and ground conditions play significant roles as to when the acquisition can occur. AXIS will devote the resources and man power necessary to acquire the imagery.

In addition, Air Traffic Controllers (ATC) at the Tampa and St. Petersburg-Clearwater International Airports, control the airspace over the project area. The AXIS aircraft crew will coordinate acquisition missions with the ATC to the best of their ability. The AXIS aircraft crew is subject to ATC direction and may be required to leave the project area at the command of the ATC. These acquisition work stoppages may delay the project schedule and occur without notice.

Sum ma r y of W or k

AXIS will obtain color digital image data using a DMC II 230 Digital Camera. Both Airborne GPS (ABGPS) and IMU data will be recorded during the digital image acquisition mission. The acquisition mission will occur within +/- 2 hours of low tide and before 10:00 AM to reduce glare on the water surface.

Upon receipt of the ground survey control values from STANTEC, AXIS will prepare an analytical aero-triangulation (AT) solution to establish supplemental control for orienting individual photogrammetric stereo-models covering the site.

Utilizing stereo-workstations and 3D viewing software, AXIS stereo compilers will digitize mass points and breaklines to create a Digital Terrain Model (DTM) of the coastal surface. The breaklines will reflect the surface of the ground and extent of water coverage at the time of image exposure. The DTM will be processed and a surface file generated that will be used for the rectification of the imagery.

Color digital orthophotos will be produced for the project area. The digital color imagery will be ortho- rectified using the control, analytical triangulation points and the digital surface. The pixel resolution will be 0.25’ (GSD). These images will be delivered in GeoTIFF format along with a .tfw file for geo- referencing.

Delivery of the deliverable files will be via FTP in GeoTIFF format.

Gro u n d Su rv e y Co n t ro l

AXIS understands that STANTEC will provide all necessary ground survey control for this project. STANTEC’s responsibilities shall be performed with reference to positions selected and/or approved by AXIS and STANTEC.

AXIS has identified, in the .kml file, a total of six (6) horizontal and vertical control locations.

One of the locations will require placement of an aerial panel. The panel should be in the shape of an hourglass with alternating black and white triangles 4’ in size. The panel will need to be set and maintained by STANTEC until the flight mission has been completed. The other points maybe be painted panels or photo-identifiable features. AXIS requests that a digital photo be taken of each point and provided to AXIS.

AXIS requests the control survey data be accompanied by a signed and sealed report certified to Florida Standards of Practice under Chapter 5J-17. The control information and datum supplied will be the basis for controlling the imagery for the digital mapping.

SSu r ve y Ac c u rac y

Final map documents delivered pursuant to this agreement, where applicable, shall comply with the requirements of the State of Florida Standards of Practice set forth in Chapter 5J-17. A final signed and sealed map report will be provided to STANTEC upon completion of the project.

For acquiring the color imagery, aero-triangulation, and delivering color digital ortho-imagery files, the AXIS fee is $11,698.00 (Eleven thousand, six-hundred, ninety-eight dollars).

If this proposal letter is acceptable, a standard STANTEC subconsultant agreement is acceptable. If it is not, please inform AXIS of your desired revisions so that a modified proposal may be presented to you.

We appreciate this opportunity to provide services and products in support of this project. As always, we look forward to working with you on this project.

Sincerely,

AXIS GEOSPATIAL SE, LLC

John E. Lesko II, CP, PMP, PSM

Vice-President

[17] 344 [17] 345 [17] 346 [17] 347

3060

3059

3058

3057

3056

3060

3059

3058

3057

3056

3055

Port Manatee Seagrass

19-0078 (Imagery Only)

Altitude: 4042 feet Total models: 20

Focal Length: 92.00mm Total photos: 22

Pixel size: 0.075m Sensor: DMC 11230

Lateral overlap: 30% County: Manatee Forward overlap: 60% Control Points: 6

Photo base: 424m Buffered Project Area: ~400 acres Total length: 4.6nm

Total lines: 2

3055

[17] 344 [17] 345 [17] 346 [17] 347

Proposal for Services

Date:

7/3/2019

1450 N US HWY 1, Ste 300

Ormond Beach, FL 32174

P: 386.439.4848

Acceptance Signature & Date:

Client Project Number & Name:

Attachment "H"

TASK TITLE: Geotechnical Investigation Design Scope

OBJECTIVE:

Develop geotechnical related parameters for the design of the Berth 4 Expansion. Also investigate proposed dredge material for fill usage.

SCOPE:

• Review existing information for the proposed development area, including previous geotechnical explorations.

• Perform underground utility location (Call Sunshine).

• Identify boring locations in the field and modify plan as necessary.

• Mobilize barge drill rig and crew to the site.

• A crane will be required to launch and retrieve the barge rig and support boat. S&ME has included this in our fee. If the Port will provide a crane for this at no charge to S&ME, the crane fee will be removed from our contract.

• Any required permitting is by others.

• A berth/dock will be required to provide access/storage between borings/at night.

• Conduct three (3) Standard Penetration Test Borings for the new berth using a barge mounted drill rig. The borings will be 110 feet deep below the water surface to provide data on both the shallow and deep rock stratum. It is anticipated that these borings will require coring once the limestone stratum is encountered. Perform Standard Penetration Tests at 5-foot intervals over the depth of the borings. An engineer will be present with the rig to keep logs of the drilling operations including field classification of the soils encountered.

• Conduct four (4) Standard Penetration Test Borings to a depth of 45 feet below the mudline (estimated total depth 50 feet below the water surface) for the future dredging operations at the west end of the project. The samples will be obtained in accordance with FDEP procedures. The sediment samples will be composited by boring and tested for dry weight metals, Aluminum (Al), Arsenic (As), Barium (Ba), Cadmium (Cd), Chromium (Cr), Copper (Cu), Iron (Fe), Lead (Pb), Mercury (Hg), Selenium (Se), Silver (Ag), and Zinc (Zn), and grain size analyses. No elutriate testing is included. An engineer will be present with the rig to keep logs of the drilling operations including field classification of the soils encountered.

• Conduct six (6) shallow Standard Penetration Test Borings to a depth of 4 feet below the mudline (estimated total depth 8 feet below the water surface), two (2) at each proposed mitigation area to provide soils data for use by others in the mitigation planning.

• For the water borings, the drill mud will be pumped on-shore after completion of drilling. The material will be hauled to the spoil site for disposal.

• Since we anticipate breaching a confining layer with the berth borings and possibly the dredge borings, all deep SPT borings (berth and dredge) will be grouted/sealed from the bottom to the top upon completion. The grout will be a bentonite grout that will not impact the future dredging.

• Coordinate drilling of the dredge and mitigation borings with GBA.

• Obtain 3 undisturbed Shelby tube samples.

• Perform visual classification in the laboratory after the fieldwork has been completed.

• Select samples for laboratory testing.

• Conduct 40 grain size tests.

• Conduct 6 Atterberg Limits tests, if appropriate.

• Conduct 15 FDOT corrosion series tests.

• Conduct 20 moisture content tests.

• Conduct 3 consolidation tests.

• Conduct 6 specific gravity tests.

• Conduct 8 unconfined compressive strength tests and splitting tensile on rock samples.

• Conduct 14 organic content tests, if appropriate.

• Conduct 36 environmental metals tests.

  DELIVERABLES:

  Prepare a written report discussing the findings, analyses and recommendations for construction including:

  • A brief discussion of the planned construction.

  • A presentation of the field exploration and laboratory analysis procedures and data obtained.

  • A field exploration plan showing the approximate boring and test locations.

  • A discussion of the subsurface conditions encountered at the boring locations.

  • Geotechnical evaluation of the site and subsurface conditions with respect to the proposed construction.

  • Recommended remedial actions for site preparation, such as over-excavation or surcharging.

  • Recommendations for pile capacity and drivability, soil parameters for sheet pile wall design, and site preparation/construction recommendations.

  • Suitability of dredged material for backfill.

  • Backfill procedures and backfill improvement alternatives.

  • Analytical laboratory test results for samples tested, to include metals. The results of the laboratory environmental analyses will be compiled into a summary table in the final report. The summary table will also include the Soil Cleanup Target Levels, as contained in Table II, Chapter 62-777, Florida Administrative Code, and the appropriate USEPA limits, for comparison/reference

LIMITATIONS:

In general accordance with Florida Statute 556.101-111 (Underground Facility Damage Prevention and Safety Act), persons or companies intending to engage in excavation or demolition shall notify the Sunshine State One-Call of Florida, Inc. Call Center (Call Sunshine) of the location, date and other operation particulars, to allow affected utility companies the opportunity to mark the location of their buried lines, prior to excavation. To comply with this statute, S&ME will notify Call Sunshine of our proposed operations. Performance of this service will require a lead-time of ten business days, prior to mobilization of exploration equipment, to comply with Call Sunshine operation procedures.

Further, we request that the Client provide us with any drawings depicting onsite utilities. It will be the client’s responsibility to determine the location of buried utility lines on the site, which are not owned or maintained by a chartered utility company, and to cooperate with our exploration crew to verify that the selected exploration sites lie at least 5 feet away from such buried utility

lines. S&ME’s exploration staff will coordinate with the client's representative to clear exploration locations, as necessary.

We also understand the project site is located on a Port facility. The drill crew may or may not have TWIC cards but the engineer providing oversight will and will act as escort for the crew. Further, we have assumed that no permitting will be required for the barge drilling.

No permitting services are included in our scope.

Our services will include backfilling the deep SPT borings with grout. Any remaining cuttings and drill fluid from the barge borings will be transferred from the barge to a truck and then hauled to the spoil site for disposal. Once at the spoil site, the materials and fluid will be placed on the ground.

EXCLUSIONS:

Our personnel are experienced in the types of work being performed and will perform our services in general accordance with applicable standards of the industry in Florida. Specifically, the following items are excluded from our scope of services.

• Our firm cannot be held responsible for damage to utility lines or subsequent loss of service if utility locations are not made known to us or are improperly located by others.

• Our fee does not include survey services for the determination of the location and elevation of boring/sample locations.

• This soil exploration program does not directly address the possible existence of geologic sinkhole conditions at the project site. If conditions are found indicating the potential for geologic sinkhole conditions, we will notify your office with a modification to the exploration, including additional costs and receive your authorization before proceeding.

• No ACOE or FDEP permitting is included.

• No construction phase services are included.

FEE:

S&ME will provide the geotechnical design services presented above for a unit rate fee of

$164,100 as presented on Tables 1 and 2. Additional services, if required and approved (such as crane rental), will be performed at the listed unit rates.

Port Manatee TABLE 1

Berth 4 Extension S&ME, Inc.

Proposal No.: 14-1900363

GEOTECHNICAL SERVICES

PROJECT ESTIMATE SUMMARY

==== ========================= ======== ========== ======== ======== ======== ========= ======= =========== PROFESSIONAL SERVICES

------- ----------------- Principal Senior Proj. Proj. Staff DRAFT ACCT./

TASK Eng. Proj. Eng. Eng. III Eng. I Eng. III W.P. TASK NO. DESCRIPTION $225.00 $210.00 $135.00 $125.00 $100.00 $65.00 $65.00 SUBTOTAL

Item Number

------- --------------------------------------------- -------------- -------------- -------------- -------------- -------------- -------------- -------------- --------------

1. Proj. Setup, Management 12.0 1.0 $2,585.00

2. Permitting/Access 12.0 $2,520.00

3. Data Review $0.00

   4 Analyses 8.0 60.0 $7,680.00

   5 Report Preparation 4.0 8.0 40.0 8.0 4.0 $7,360.00

   6 Meetings 12.0 $2,520.00

   ------- --------------------------------------------- --------------- ------------------ --------------- --------------- --------------- ----------------- -------------- -------------------- SUMMARY OF HOURS 4 52 0 0 100 8 5

   TOTAL PERSONNEL HOURS = 169

   
   

   PROFESSIONAL SERVICES SUBTOTAL = $22,665.00

   FIELD TESTING SERVICES ======== ======== ========= ======= ===========

   ----------------------

   Mobilization-Drill Rig Truck 0 Each @ $402.50 = $0.00 SPT drilling - Land 0 - 50 feet 0 Feet @ $11.65 = $0.00

   50 - 100 feet 0 Feet @ $13.25 = $0.00

   100 - 150 feet 0 Feet @ $16.40 = $0.00 Grouting of SPTs - Land 0 Feet @ $4.10 = $0.00 Casing - Land 0 - 50 feet 0 Feet @ $9.15 = $0.00

   50 - 100 feet 0 Feet @ $10.95 = $0.00

   100 - 150 feet 0 Feet @ $13.00 = $0.00

   Mobilization-Drill Rig Barge and support Boat 1 Each @ $8,050.00 = $8,050.00 Crane rental to launch/retreive barge/support boat 1 Each @ $4,600.00 = $4,600.00 SPT drilling - Water 0 - 50 feet 150 Feet @ $18.35 = $2,752.50

   50 - 100 feet 90 Feet @ $22.95 = $2,065.50

   100 - 150 feet 15 Feet @ $27.55 = $413.25 Core drilling - Water 0 - 50 feet 0 Feet @ $62.05 = $0.00

   50 - 100 feet 60 Feet @ $66.65 = $3,999.00

   100 - 150 feet 15 Feet @ $76.71 = $1,150.65

   Extra SPT Samples 50 - 100 feet 15 Each @ $57.45 = $861.75

   100 - 150 feet 3 Each @ $72.40 = $217.20 Grouting of SPTs - Water 330 Feet @ $8.00 = $2,640.00 Casing - Water 0 - 50 feet 200 Feet @ $14.32 = $2,864.00

   50 - 100 feet 200 Feet @ $18.06 = $3,612.00

   100 - 150 feet 0 Feet @ $20.36 = $0.00

   Day rate for mitigation samples 2 Days @ $4,025.00 = $8,050.00

   Support Boat 9 Days @ $402.50 = $3,622.50

   Undisturbed Samples 3 Each @ $224.20 = $672.60

   Rig time - access, safety meetings, etc. 15 Hours @ $470.00 = $7,050.00

   Rig time - disposal of cuttings/fuid to spoil area 9 Hours @ $470.00 = $4,230.00

   Engineer to log SPTs 108 Hours @ $100.00 = $10,800.00

   Per Diem (2 man crew per day) 9 Each @ $460.00 =

   Per Diem (engineer) 0 Each @ $230.00 =

   Misc Equipment 0 Each @ $500.00 =

   $ 4,140.00

   $ -

   $ -

   SUBTOTAL : $71,790.95

   ===========

   
   

   LABORATORY TESTING SERVICES

   ---------------------

   Sieve analyses 20 Each @ $65.00 = $1,300.00

   Unconfined Compressive strength (rock) 8 Each @ $276.00 = $2,208.00

   Splitting Tensile strength (rock) 8 Each @ $103.50 = $828.00

   Atterberg Limits 6 Each @ $95.00 = $570.00

   Natural Moisture Content 10 Each @ $10.00 = $100.00

   Organic Content 4 Each @ $60.00 = $240.00

   Consolidation 3 Each @ $460.00 = $1,380.00

   Shipping 1 Each @ $1,000.00 = $1,000.00

   corrosion series 5 Each @ $230.00 = $1,150.00

   Specific gravity (soil) 6 Each @ $75.00 = $450.00 SUBTOTAL : $9,226.00

   ===========

   
   

   TOTAL PROJECT COST ESTIMATE : $103,681.95

   ************* ************* ************* ************** *********** *****************

   Port Manatee TABLE 2

   Berth 4 Extension S&ME, Inc.

   Proposal No.: 14-1900363

   ENVIRONMENTAL SERVICES

   
   

   PROJECT ESTIMATE SUMMARY

   ==== ========================= ========= ========== ========= ========= ========= ============ ======== =========== PROFESSIONAL SERVICES

   ------- ----------------- TASK	Principal Eng.	Senior Proj. Eng.	Proj. Eng. III	Proj. Eng. I	Staff Eng. III	DRAFT	ACCT./ W.P.	TASK
   NO. DESCRIPTION	$225.00	$210.00	$135.00	$125.00	$100.00	$65.00	$65.00	SUBTOTAL
   Item Number
   -------	--------------------------------------------- --------------	--------------	--------------	--------------	--------------	--------------	--------------	--------------
   1	Proj. Setup, Management	8.0					1.0	$1,745.00
   2	Permitting/Access							$0.00
   3	Data Review		12.0					$1,620.00
   4	Analyses							$0.00
   5	Report Preparation	2.0	12.0			4.0	2.0	$2,430.00
   6	Meetings							$0.00

   ------- --------------------------------------------- --------------- ------------------ --------------- --------------- --------------- --------------------- -------------- --------------------- SUMMARY OF HOURS 0 10 24 0 0 4 3

   TOTAL PERSONNEL HOURS = 41

   
   

   PROFESSIONAL SERVICES SUBTOTAL = $5,795.00

   FIELD TESTING SERVICES ========= ========= ============ ======== ===========

   ----------------------

   Mobilization-Drill Rig Truck	0	Each @	$402.50	=	$0.00
   SPT drilling - Land 0 - 50 feet	0	Feet @	$11.65	=	$0.00
   50 - 100 feet	0	Feet @	$13.25	=	$0.00
   100 - 150 feet	0	Feet @	$16.40	=	$0.00
   Grouting of SPTs - Land		Feet @	$4.10	=	$0.00
   Casing - Land 0 - 50 feet	0	Feet @	$9.15	=	$0.00
   50 - 100 feet	0	Feet @	$10.95	=	$0.00
   100 - 150 feet	0	Feet @	$13.00	=	$0.00
   Mobilization-Drill Rig Barge and support boat	0	Each @	$8,050.00	=	$0.00
   SPT drilling - Water 0 - 50 feet	200	Feet @	$18.35	=	$3,670.00
   50 - 100 feet	0	Feet @	$22.95	=	$0.00
   100 - 150 feet	0	Feet @	$27.55	=	$0.00
   Grouting of SPTs - Water	200	Feet @	$8.00	=	$1,600.00
   Casing - Water 0 - 50 feet	200	Feet @	$14.32	=	$2,864.00
   50 - 100 feet	0	Feet @	$18.06	=	$0.00
   100 - 150 feet	0	Feet @	$20.36	=	$0.00
   Extra SPT Samples 0 - 50 feet	40	Each @	$57.45	=	$2,298.00
   50 - 100 feet	0	Each @	$72.40	=	$0.00
   Day rate for mitigation samples	0	Days @	$4,025.00	=	$0.00
   Support boat	8	Each @	$402.50	=	$3,220.00
   Undisturbed Samples	0	Each @	$224.20	=	$0.00
   Rig time - access, safety meetings, decon, etc.	30	Hours @	$470.00	=	$14,100.00
   Rig time - disposal of cuttings/fuid to spoil area	12	Hours @	$470.00	=	$5,640.00
   Engineer to log SPTs	80	Hours @	$100.00	=	$8,000.00
   Per Diem (2 man crew per day)	8	Each @	$460.00	=	$ 3,680.00
   Per Diem (engineer)	0	Each @	$230.00	=	$ -
   Water samples	0	Each @	$50.00	=	$ -
   Misc Equipment	1	Each @	$1,500.00	=	$ 1,500.00
   		SUBTOTAL :			$46,572.00 ===========
   LABORATORY TESTING SERVICES --------------------- Sieve analyses	20		Each @	$65.00	=	$1,300.00
   Atterberg Limits	0		Each @	$95.00	=	$0.00
   Natural Moisture Content	10		Each @	$10.00	=	$100.00
   Organic content	10		Each @	$50.00	=	$500.00
   Shipping	0		Each @	$1,000.00	=	$0.00
   ICP/MS Metals (Al, As, Ba, Cd, Cr, Cu, Fe, Pb, Hg, Se, Ag, Zn)	36		Each @	$107.00	=	$3,852.00
   Standard Elutirate	0		Each @	$287.50	=	$0.00
   corrosion series	10		Each @	$230.00	=	$2,300.00

   
   

   SUBTOTAL : $8,052.00

   ===========

   
   

   TOTAL PROJECT COST ESTIMATE : $60,419.00

   ************* ************* ************* ****************** *********** *****************

   
   

   Attachment B

   TRUTH IN NEGOTIATION CERTIFICATE

   
   

   This Certificate is executed and given by the undersigned as a condition precedent to entering into this Contract:

   
   

   "Stantec Consulting Services, Inc."

   
   

   pursuant to the Port Manatee Professional Engineering Services Contract for the Berth 4

   Extension Investigation project with the Manatee County Port Authority.

   
   

   Before me, the undersigned authority personally appeared, who having knowledge as to the facts and statement in this Truth In Negotiation Certificate after duly sworn, deposes and states under oath that:

   
   

   I . This Certificate must be attached to and constitute an integral part of the contract as provided in Florida Statute 287.055(5)(a).

   1. The undersigned hereby certifies that the wage rate and other factual unit costs supporting the compensation on which this contract is established are accurate, complete, and current on the date set forth in this Truth In Negotiation Certificate.

   2. The truth of statements made in this Truth In Negotiation Certificate may be relied upon by the Manatee County Port Authority and the undersigned is fully advised of the legal effect and obligations imposed upon him by the execution of this instrument under oath.

   3. The original contract price and any additional thereto will be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to in accurate, incomplete, or noncurrent wage rates and other factual unit costs.

   
   

   Executed on behalf of the Party to the Port Manatee Professional Engineering Services Contract referred to as the Consultant, do' g business as:

   

   Title: Senior Principal

   
   

   The fozre J°'We ins tr ument wqs a knowledged and exec uted before me by the above signed ont he ----''-- - - day of ..-.-..l;:::::..._ ;;;_:'"'-h-- - - •20 }3 A .

   NOTARY SEAL: !!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!:!!!!!!e! '-&lA.L,

   

   f/-.f$.i-:it··.,;f•,: MY

   TERESA RIVERA COMMISSION t FF 937893

   

   : . _- i,-f EXPIRES: November 19, 2019

   -;:_'lf.,°<if,'<ffe· BoMSd Thru Notary Public Undorwriters

   
   

   19·

   July 23, 2019

   
   

   AGENDA ITEM 3.: BARGE MOORING PILES INSTALLATION

   CONTRACT AWARD

   
   

   BACKGROUND:

   
   

   On June 27, 2019, an invitation to bid was published for the furnishing and installation of fourteen (14) bare steel pipe piles which will facilitate a barge mooring facility. Six (6) companies submitted a bid and the lowest-responsive bidder is Infrastructure & Industrial Constructors in the amount of $210,000.

   
   

   Port staff has negotiated the lease of the pilings at the rate of $3,500 per month for five (5) years with a five-year renewal option. A one-time contribution of $50,000 for the improvement shall be made by the lessee.

   
   

   ATTACHMENT:

   
   

   Contract for Barge Moorings Piling Installation

   
   

   COST AND FUNDING SOURCE:

   
   

   $160,000 Port cash and $50,000 tenant contribution

   
   

   CONSEQUENCES IF DEFERRED:

   
   

   Delay in project commencement

   
   

   LEGAL COUNSEL REVIEW: Yes

   
   

   RECOMMENDATION:

   
   

   Move to approve and authorize the Chairman to execute the contract between the Manatee County Port Authority and Infrastructure & Industrial Constructors in the amount of

   $210,000 for all necessary labor, equipment and materials of fourteen (14) bare steel pipe piles installation.

   CONTRACT FOR BARGE MOORING PILES INSTALLATION PROJECT

   
   

   THIS CONTRACT is dated as of day of in the year 2019 by and between Manatee County Port Authority, whose address is 300 Tampa Bay Way, Suite 1, Palmetto, FL 34221 (“Authority”) and Infrastructure and Industrial Constructors Southeast, Inc. (i+iconSOUTHEAST), whose address is 5700 Thurston Ave., Suite 211, Virginia Beach, VA 23455 and is authorized to do business in the State of Florida (“Contractor”), (collectively, the “Parties”).

   
   

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

   
   

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

      
      

      The Work will be completed within 30 calendar days after both Contractor and Authority sign the Contract and Authority issues notice to proceed to Contractor if Authority issues notice to proceed within 45 days after Contractor execution of the contract. Time is of the essence.

      
      

   2. Payment Terms:

      Authority shall pay Contractor the following amounts for the Work:

      1. For all Work, a lump sum of: $210,000.

         
         

         Contractor shall submit applications for payment no more frequently than monthly broken down into a schedule of values approved by Authority using the attached form at Exhibit B. Authority shall make progress payments based on Contractor’s applications for payment measured by the schedule of values subject to agreement on the level of completion of the Work. Prior to completion of the Work, 10% retainage will be withheld from progress payments. Upon final completion, acceptance of the work and receipt of the Contractor’s Affidavit, Authority shall pay in full without retainage. All amounts not paid when due shall bear interest at the rate of zero (0) percent per annum. Contractor’s acceptance of final payment from Authority shall constitute a full waiver and release by Contractor of all claims against Authority arising out of or relating to the project.

         
         

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

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

      
      

      Contractor represented that it understands and accepts that this 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 Authority deems appropriate.

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

      3. Contractor understands that the grant funding is dependent on completion of Work within the specified contract time and the Contractor agrees to complete the Work within that time. Should the Contractor fail to complete the Work within the contract time specified in section 1 above, the Contractor agrees the provisions of above shall apply.

      4. Contractor accepts assignment of responsibilities for Authority direct procurement items as described in the Tax Saving Program in the Bid Instructions.

         
         

   4. Insurance and Bonding.

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

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

         
         

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

      
      

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

         
         

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

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

         
         

   6. Indemnification: To the fullest extent permitted by the law, Contractor shall indemnify and hold harmless Authority and its officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a contaminant brought to the site by Contractor or by anyone for whom Contractor is responsible, or to a hazardous environmental condition created by Contractor or by anyone for whom Contractor is responsible, or to the performance of the Work to the extent caused by any negligent act or omission of Contractor or anyone for whose acts Contractor may be liable. This indemnification shall not be limited by any limitation under workers’ compensation acts, disability benefit acts, or other employee benefit acts. This indemnification shall survive expiration or termination of this contract.

      
      

      In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations for Contractor's promises are:

      1. Ten dollars ($10.00) and other valuable consideration, in hand paid by Authority, Engineer, and Engineer's employees to Contractor, rec eipt whereof is hereby acknowledged and the adequacy of which Contractor accepts as completely fulfilling the obligations of Authority, Engineer, and Engineer's employees under the requirements of Section 725.06, Florida Statutes, and;

      2. The entry of Authority and Contractor into this contract because, but for Contractor's promises as contained herein, Authority would not have entered into the construction

      contract with Contractor.

      
      

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

1. This Contract.

2. Exhibit A: Scope of Work

3. Exhibit B: Application for Payment Form.

4. Exhibit C: Contractor’s Affidavit Form

5. Quote Documents, which include the Contractor’s Quote. Any provisions in the quote submittal other than the information specifically requested are not part of this Contract and shall be omitted or stricken.

6. Instructions for Submitting Quotes.

7. Proof of Insurance.

8. Bond(s).

9. Addenda (numbers 1 to 3, inclusive).

10. Subcontractor list. (Not applicable)

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

There are no Contract Documents other than those listed above.

1. Termination. Upon 24 hours written notice (may be delivered by electronic mail), the Authority may terminate this Contract without cause. In such case, the Contractor would be paid for completed accepted work and expenses for materials and equipment sustained prior to the notice of termination. Contractor shall not be paid for loss of anticipate overhead, profits, or revenue or other economic loss arising out of such termination.

   
   

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

   
   

3. Public Records. All comments, papers, letters, maps, books, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form,

   characteristic, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by the Authority are public records of the Authority in accordance with the Florida Constitution and Florida Statutes. Every person has the right to examine, inspect and/or copy any such public records not specifically made exempt therefrom by provisions of the Florida Statutes. Any financial or proprietary information relating to the Contractor transmitted to the Authority may be a public record subject to disclosure to a requesting third person.

   
   

   The Contractor agrees to comply with the Florida Public Records Act, as applicable, including, but not limited to Section 119.0701 of the Florida Statutes. Documents which are considered public records herein under Florida law include, but are not limited to: records related to the entry, management and implementation of the Contract itself; emails/correspondence between the Authority and the Contractor related to the Contract; emails or correspondence from all other entities related to the Contract (i.e., subcontractors, suppliers, vendors, etc.); billing and related documents; plans or other documents that may be necessary, reports, etc.; subcontracts; and all vendor invoices. The Contractor agrees, to the extent required by law, to:

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

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

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

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

      
      

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

      IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE AUTHORITY AT (941) 722-6621.

      THE CONTRACTOR acknowledges that the Authority cannot and will not provide legal or business advice to the Contractor with respect to its obligations pursuant to this section related to public records. The Contractor acknowledges that it will not rely on the Authority or its Attorney to provide such business or legal advice and that Contractor has been advised to seek professional advice with regard to public records matters addressed by this agreement.

      
      

4. Miscellaneous Terms.

   
   

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

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

   3. Assignment and Construction of Contract. Any assignment of this Contract, without the Authority’s written consent, shall be void. The parties agree that in any event of litigation concerning the construction of this Contract or interpretation of any language used in this Contract, that this Contract and any of its provisions shall not be construed against the Authority by virtue of this Contract having been drafted by the Authority.

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

   5. Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions

      of the Contract shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. Any waiver, alteration or modification of any of the provisions of the Contract, or cancellation or replacement of this Contract, shall not be valid unless in writing and signed by the parties.

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

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

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

This Contract will be effective on , -20-1--8 (which is the Effective Date of the Contract).

2019

MANATEE COUNTY PORT AUTHORITY

By:

Vanessa Baugh, Chair ATTEST: ANGELINA “ANGEL” COLONESSO

Clerk of the Circuit Court

By:

WITNESSES: CONTRACTOR

By:

Title:

Address for giving notices:

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

License No.: (where applicable)

Exhibit A - Scope of Work Barge Mooring Piles Installation

All Work is complete only upon satisfaction of the Authority.

Furnish and install, by driving, fourteen (14) 45’ long, 24” diameter, ½” wall-thickness bare steel pipe piles at 60’ spacing in lines along the south and west sides of the Port Manatee south channel at 6’ MLLW water depth, extending 12’ above MLLW, with minimum of 25’ embedment as shown on the attached annotated drawing sheets. Provide all necessary labor, equipment and materials for the work.

Comply with the conditions of US Army Corps of Engineers Nationwide Permit 9 for Structures in Fleeting and Anchorage Areas.

Furnish and install mooring line holders on the pilings at elevations to be specified by the Port.

Submit detailed pipe pile specifications, including standards met, with the bid. Submit cut sheets on the mooring line holders and installation hardware with the bid. Materials are subject to Authority approval.

Project site coordinates: 27 degrees 37 minutes 36.05 seconds north latitude, 82 degrees 33 minutes 50.88 seconds west longitude.

Comply with the Port’s security access control requirements. A Transportation Worker Identification Credential (TWIC) escort is required. Contact David St. Pierre, 941-721-2525, dstpierre@portmanatee.com, for details.

Inspect the site before bidding.