a meeting of the manatee county port authority will be held on … · 2017-06-19 · a meeting of...

A meeting of the Manatee County Port Authority will be held on Thursday, November 17, 2016 at 9:00 a.m.,

or as soon thereafter as is practicable in the third floor meeting room of the Port Manatee Intermodal Center,

1905 Intermodal Circle, Palmetto, FL 34221, located at the intersection of South Dock Street and Reeder

Road at Port Manatee.

Anyone wishing to attend this meeting who does not have an appropriate Port Manatee identification badge

may enter Port Manatee by the north or south gate by displaying photo identification, generally a

driver’s license.

MANATEE COUNTY PORT AUTHORITY AGENDA

November 17, 2016

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

Invocation

Pledge of Allegiance

Public Comments

1. Audience Introductions

2. Employee Recognition – Fred Chubb retirement

3. Presentation – Andy Alexander, U.S. Customs and Border Protection

4. Presentation – Holly Najarian, USCG Captain of the Port

5. Consent Agenda

6. Berth Rehabilitation Change Order No. 006 – Orion

7. Southgate Improvements Change Order No. 002 – Pepper Contracting Services

8. Executive Director Evaluation

9. Commissioners Bustle and Chappie Recognition

10. Berth 10 Vessel Collision Damage

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.

Betsy Benac, Chairman

John Chappie, 1st Vice-Chairman; Charles Smith, 2nd Vice-Chairman;

Robin DiSabatino, 3rd Vice-Chairman; Vanessa Baugh, Member;

Larry Bustle, Member; Carol Whitmore, Member

November 17, 2016

AGENDA ITEM 1.: AUDIENCE INTRODUCTIONS

November 17, 2016

AGENDA ITEM 2.: EMPLOYEE RECOGNITION -

FRED CHUBB - RETIREMENT

Fred Chubb

Marine Specialist III/Construction Specialist

Retirement after nearly 28 years of service

November 17, 2016

AGENDA ITEM 3.: PRESENTATION – ANDREW ALEXANDER, U.S.

CUSTOMS AND BORDER PROTECTION

BACKGROUND:

Andrew Alexander, Port Director Port Manatee, U.S. Customs and

Border Protection, reported to Port Manatee in October of 2012, and has oversight of Port

Manatee operations, Bradenton-Sarasota International Airport, and is currently Acting

Supervisor for the Area Port of Tampa Trade Offices.

February 8, 2016 marked the completion of twenty-eight consecutive years of

government service which includes Toronto Preclearance from 2007 to 2012 where he

supervised primary and secondary operations, the Agricultural team, and the Counter

Terrorism Response team. Prior to that from 2004 to 2007, Andrew Alexander was the

Port Director at Longview, Washington. While in Longview, he managed seaport

operations and was responsible for the only FTZ in the nation that stored, manipulated,

and imported automatic weapons. Between 2002 and 2004, Andrew Alexander was

assigned to Vancouver Pre-Clearance where he was a member of the Passenger Analysis

Unit/Counter Terrorism Response Team.

Andrew Alexander began working for the U.S. Customs service in 1998 and was first

assigned to Port Huron, Michigan. Prior to Joining the U.S. Customs Service he spent

ten years in the U.S. Coast Guard driving boats, conducting search and rescue, and

participating in maritime law enforcement operations.

November 17, 2016

AGENDA ITEM 4.: PRESENTATION – CAPTAIN NAJARIAN, USCG

CAPTAIN OF THE PORT

BACKGROUND:

As Sector Commander, Captain Najarian serves as Captain of the

Port, Officer in Charge of Marine Inspection, Search and Rescue Mission Coordinator,

and Federal Maritime Security Coordinator while directing Coast Guard operations along

the west coast of Florida and throughout the Tampa Bay region. Sector St. Petersburg is

comprised of 2700 people and 14 units, including five search and rescue stations, eight

cutters, and an Aids to Navigation Team.

Captain Najarian received her Coast Guard commission in 1993 under the Coast Guard’s

Direct Commission Maritime Academy Graduate Program. Her career began as an

inspector trainee at Marine Safety Office Jacksonville, Florida where she acquired both

of her major inspector designations. She was then assigned as Supervisor of Marine

Safety Field Office Portsmouth, New Hampshire; responsible for all marine safety and

environmental response missions along the New Hampshire coastline.

Captain Najarian is a graduate of Maine Maritime Academy and has held an Unlimited

Third Assistant Engineer’s license for steam and diesel vessels. She earned a Master’s of

Science in Fire Protection Engineering from Worcester Polytechnic Institute (WPI), as

well as, an additional Master’s degree from WPI in Business. She has been awarded two

Coast Guard Meritorious Service Medals, two Coast Guard Commendation Medals and

three Coast Guard Achievement Medals, as well as the Outstanding Military Volunteer

Service Medal and several unit, team and special service awards.

November 17, 2016

5. CONSENT AGENDA

A. Warrant List

B. Minutes for Approval: October 20, 2016

C. Budget Resolution

D. Joint Participation Agreement – Railroad Crossing Improvements

E. Changes to Railroad Tariff

RECOMMENDATION:

Move to approve the Consent Agenda incorporating the language as stated in the recommended

motions on the cover sheets for the Consent Agenda items.

Manatee County Port Authority

Warrant Listing

October 13, 2016 - November 9, 2016

10/20/2016 V001189 ADVANCED BATTERY SERVICES 108.25

10/25/2016 V016081 AECOM TECHNICAL SERVICES INC 12,379.57

10/18/2016 P000270 APPICE, MATTHEW 516.16

10/27/2016 P000270 APPICE, MATTHEW 246.00

10/13/2016 V022416 ARGOS USA LLC 37,534.50

10/25/2016 V022416 ARGOS USA LLC 73,159.25

10/27/2016 V022416 ARGOS USA LLC 44,478.00

10/13/2016 V118009 AT AND T 63.04

11/1/2016 V118009 AT AND T 94.72

11/1/2016 V013140 AT AND T MOBILITY 44.50

11/8/2016 V011269 B & E AUTO & ELECTRIC LLC 165.00

10/27/2016 V019816 BACKGROUND ANSWERS INC 91.90

10/14/2016 V019189 BANK OF AMERICA 11,572.34

10/27/2016 V002730 BANK OF AMERICA 97.67

10/25/2016 V153506 BILLS DISCOUNT CENTER 319.00

10/25/2016 V170611 BOYD INSURANCE AGENCY INC 446.00

10/27/2016 V004367 BRIGGS EQUIPMENT 1,159.80

10/20/2016 V007624 BRIGHT HOUSE 63.95

11/1/2016 V007624 BRIGHT HOUSE 956.42

10/18/2016 P000278 BUQUERAS, CARLOS 1,529.97

10/27/2016 V018317 BUSH ROSS PA 2,779.50

10/25/2016 V017450 DEPEARTMENT OF ECONOMIC OPPORT 175.00

11/1/2016 P000265 EDWARDS, MALCOLM R 172.00

10/18/2016 V022096 ENTECH 419.00

11/1/2016 V022096 ENTECH 1,209.00

10/27/2016 L017178 EVERGLADES FARM EQUIPMENT CO I 130.26

10/13/2016 V005271 EYE CENTER INC 30.00

10/13/2016 V005271 EYE CENTER INC 30.00

10/25/2016 V324212 FEDERAL EXPRESS CORPORATION 37.10

11/8/2016 V324212 FEDERAL EXPRESS CORPORATION 9.21

10/27/2016 V335029 FLORIDA CUSTOM BROKERS AND 425.00

11/1/2016 V019619 FLORIDA POWER AND LIGHT COMPAN 34,255.76




10/27/2016 V334006 FLORIDA PUBLIC RELATIONS ASSOC 40.00

10/25/2016 V016922 FLORIDA SEAPORTS COUNCIL INC 33,000.00

10/25/2016 V021937 FRONTIER COMMUNICATIONS OF FLO 2,289.92

10/18/2016 V385628 GRAINGER INC, W W 217.66

10/25/2016 V385628 GRAINGER INC, W W 20.00

11/1/2016 V385628 GRAINGER INC, W W 36.38

10/20/2016 V397552 GULF COAST LATIN CHAMBER OF 99.00

10/20/2016 V397552 GULF COAST LATIN CHAMBER OF 500.00


Warrant Listing


10/31/2016 V020386 HANCOCK BANK 37,259.95

10/27/2016 V457001 HOME DEPOT COMMERCIAL ACCOUNT, 416.49

11/1/2016 V457001 HOME DEPOT COMMERCIAL ACCOUNT, 342.49

11/3/2016 V016425 HUGH WOOD INC 9,500.00

10/18/2016 P000094 ISIMINGER, GEORGE 1,458.82

10/18/2016 V000060 JH WILLIAMS OIL CO INC 1,918.95



10/25/2016 V015114 JOHNSTONE SUPPLY 81.80

10/20/2016 L507891 KEETONS OFFICE SUPPLY CO INC 248.78

10/25/2016 V000423 LEWIS LONGMAN AND WALKER PA 7,542.50

10/27/2016 V000423 LEWIS LONGMAN AND WALKER PA 29,817.23

10/18/2016 V013723 LOGISTEC USA INC 7,000.00

10/18/2016 V004489 LOWES HOME CENTER INC 39.70

11/1/2016 V004489 LOWES HOME CENTER INC 9.48

11/3/2016 L625403 MAINTENANCE TOO PAPER CO INC 104.10

10/18/2016 V627027 MANATEE CHAMBER OF COMMERCE 60.00

10/18/2016 V004140 MANATEE COUNTY PUBLIC WORKS DE 1,186.83

11/1/2016 V004140 MANATEE COUNTY PUBLIC WORKS DE 5,795.74

10/18/2016 V018183 MODERN AIR AND REFRIGERATION 2,587.14

11/3/2016 L019959 MOTOR HEADS N CONTROL GEEKS 396.00

10/13/2016 V681611 NATIONAL ASSOCIATION OF 700.00

10/14/2016 V682112 NEAL, SHEILA 154.37

10/18/2016 V696537 NORTHSIDE AUTO PARTS 431.39




11/8/2016 V701905 OFFICE DEPOT INC 45.74

10/25/2016 V006004 OMEGA OFFICE SYSTEMS 129.15

10/18/2016 V021625 ORION MARINE CONSTRUCTION INC 434,810.59

10/18/2016 V018512 PCMG INC 1,909.05

10/18/2016 V021946 PEPPER CONTRACTING SERVICES IN 192,447.48

10/27/2016 V004956 PIPER FIRE PROTECTION 463.50

10/18/2016 V746898 PRINTWORKS 123.74

10/18/2016 V748180 PUBLIX SUPER MARKET 766.69

11/1/2016 P000289 SANFORD, DAVID 90.00

11/8/2016 V826612 SEARS COMMERCIAL CREDIT 41.96

10/18/2016 V018040 SHINN AND COMPANY LLC 1,172.50

11/8/2016 V866990 SPOTLIGHT GRAPHICS INC. 872.00

10/20/2016 V874841 STATE OF FLA DEPT OF REVENUE 8,184.07

11/3/2016 V875019 STATE OF FLORIDA 855.67

10/13/2016 V021736 STORMSOURCE LLC 499.00

11/8/2016 V903107 TAYLOR RENTAL CENTER 167.00


Warrant Listing


10/25/2016 V906395 TERRY SUPPLY COMPANY 73.29

11/8/2016 V906395 TERRY SUPPLY COMPANY 56.38

11/8/2016 P000214 TUNNEY, JOHN J 45.00

10/18/2016 V006904 UNITED REFRIGERATION INC 448.21



10/20/2016 V931520 USCG MARINE SAFETY OFFICE 320.00

10/25/2016 P000273 VAN ETTEN,RAYMOND E 45.00

10/25/2016 V009667 VERIZON WIRELESS 1,477.84

10/18/2016 V021915 WEBTIVITY MARKETING AND DESIGN 65.00

11/8/2016 V961145 WEST PHOTOGRAPHER, TED 250.00

11/8/2016 V016414 WINFIELD SOLUTIONS LLC 1,938.60

11/8/2016 P000292 ZIMMERMANN,VIRGINIA 30.00

Total warrants for period reported $ 1,045,887.64

Total cash receipts for period $ 3,315,610.50

PA MB 2016/31

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

PORT MANATEE INTERMODAL CENTER, THIRD FLOOR 1905 Intermodal Circle

Palmetto, Florida October 20, 2016

Present were:

Betsy Benac, Chairman John Chappie, First Vice-Chairman Charles B. Smith, Second Vice-Chairman Robin DiSabatino, Third Vice-Chairman Vanessa Baugh Lawrence E. Bustle, Jr.

Absent was: Carol Whitmore

Also present were: Carlos Buqueras, Executive Director Jennifer R. Cowan, Port Authority Attorney Abby Lindecamp, Finance Department, Clerk of the Circuit Court Robin Toth, Board Clerk, Clerk of the Circuit Court

Chairman Benac called the meeting to order at 9:00 a.m.

INVOCATION AND PLEDGE OF ALLEGIANCE

The Invocation was delivered by Tim Huppert, Anchor House Chaplin, followed by the Pledge of Allegiance.

AGENDA PA20161020DOC001

1. INTRODUCTIONS

Members of the Audience introduced themselves. PA20161020DOC002

PUBLIC COMMENT

Tim Huppert, Anchor House Chaplain, announced that Captain Phillips will be attending the Port Manatee banquet on March 31, 2017.

2. EMPLOYEE RECOGNITION

Carlos Buqueras, Executive Director, and Denise Stufflebeam, Director of Finance and Business Administration, presented Delores Jameson, Financial Assistant, with a plaque, honoring ten years with Port Manatee. Ms. Stufflebeam presented Ray Higgins, IT and Telecommunications Specialist, with a plaque, honoring 20 years with Port Manatee. PA20161020DOC003

SARASOTA/MANATEE METROPOLITAN PLANNING ORGANIZATION (MPO)

Lee Holt, MPO Planning Manager, announced that the Sarasota/Manatee MPO will be holding its board meeting and first economic development summit at the Port Manatee Intermodal Center on October 24, 2016. There will be 17 presentations from public and private sector, and the public is invited to attend. PA20161020DOC004

OCTOBER 20, 2016 (Continued)

PA MB 2016/32

3. PRESENTATION/CSX TRANSPORTATION

Stephanie Lane, Director, Industrial Development for CSX Transportation’s Regional Development group, presented a video of time-lapse travel of a CSX orange juice train https://www.youtube.com/watch?v=sb8mk2HSJUc. She utilized a slide presentation of the CSX Railroad network throughout the United States, mission of CSX Regional Development, functioning process of freight railroads, freight railroad service models, sites improving their competitive positioning, key factors in rail site evaluation, transload service option, and City of Sebring Economic Development website. Discussion ensued about CSX railroad track operations and the concept of a passenger rail. PA20161020DOC005

4. CONSENT AGENDA PA20161020DOC006

A motion was made by Member Chappie, seconded by Member Baugh and carried 6-0, 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 items.

A. WARRANT LIST

Accepted the Warrant Listing from September 8, 2016, to October 12, 2016 PA20161020DOC007

B. MINUTES Approved the Minutes of September 15, 2016

C. BUDGET RESOLUTION Adopted Budget Resolution PA-17-02 PA20161020DOC008

D. BERTH REHABILITATION/FDOT25 Executed Seaport Investment Program Bond Funded Agreement Administrative Amendment 1 to Contract AR790 with Florida Department of Transportation, which extends the contract expiration to December 5, 2017, on the berth rehabilitation project PA20161020DOC009

E. PORT AUTHORITY MEETING SCHEDULE Adopted Resolution PA-17-01, giving notice of Port Authority meetings, and the Port Executive Director is instructed to cause a copy of said resolution to be published in the Bradenton Herald, in accordance with the requirements of Section 189.015, Florida Statutes PA20161020DOC010

F. DELETION OF PORT ASSETS Approved removal of assets as listed on the Asset Deletion – October 20, 2016, from the Fixed Assets Listing PA20161020DOC011

G. HOLIDAY AND PAY DATE SCHEDULE Approved the schedule of holidays and pay dates for calendar year 2017

PA20161020DOC012

(End Consent Agenda)

5. BERTH 9 RECONSTRUCTION/CHANGE ORDER

A motion was made by Member Chappie, seconded by Member Baugh, and carried 6-0, with Member Whitmore absent, to approve and authorize execution on behalf of the Port Authority, Change Order No. 005 to the contract between the Manatee County Port Authority and Orion Marine Construction, Inc., for berth reconstruction to provide a reduction in the contract price of -$79,680.20, and approve the issuance of a purchase order to Construction Materials, Inc., in the amount of $96,420. PA20161020DOC013

6. BERTH 9 REHABILITATION ENGINEERING/CHANGE ORDER

A motion was made by Member Chappie, seconded by Member Baugh, and carried 6-0, with Member Whitmore absent, to approve and authorize the Chairman to execute PSA No.

https://www.youtube.com/watch?v=sb8mk2HSJUc


PA MB 2016/33

17-01 to AECOM in the amount of $33,314.18, for unforeseen conditions identified during construction of the Berth 9 rehabilitation project. PA20161020DOC014

7. LAWSUIT SETTLEMENT/ILLINOIS UNION (ILU) INSURANCE COMPANY

Carlos Buqueras, Executive Director, stated the Port Authority purchased a Premises Pollution Liability III Insurance Policy from ILU (for the period 4/26/11-4/26/14), for the Berth 12 dredging project, with a $2,000,000 coverage limit. The Port Authority made claims under its policy and ILU denied the claim, asserting lack of coverage for the incident. The Port Authority filed suit in State Court against ILU, who had the case removed to Federal Court. The litigation resulted in a proposed Settlement Agreement, whereby ILU agrees to pay the Port Authority a settlement of $500,000. Mr. Buqueras requested approval of the settlement agreement. A motion was made by Member Baugh, seconded by Member DiSabatino, and carried 6-0, with Member Whitmore absent, to approve the Settlement Agreement between Manatee County Port Authority and Illinois Union Insurance Company. PA20161020DOC015

8. PRESENTATION/STATE OF THE PORT YEAR IN REVIEW

Carlos Buqueras, Executive Director, presented the State of the Port - Year in Review FY 2015/2016, showing total operating revenue, tonnage increase, economic impact analysis, no ad-valorem tax support, Port Manatee Master Plan forecast, revenue generators, revenue by source FY 2017, petroleum products and containerized cargo, growth in container numbers, new project cargo, Port is expanding fuel hub for Southwest Florida, new security operations center, infrastructure modernization underway, in-house maintenance/repairs, international trade hub growth, Government relations, and future capital investment needs. Discussion occurred regarding CSX site selection and expansion at Port Manatee, Master Plan recommendations regarding site selection, and Port Manatee is one of the few ports in the state of Florida with railroad operations. PA20161020DOC016

PORT DIRECTOR CONTRACT

In accordance with the employment agreement with Carlos Buqueras, Executive Director, Chairman Benac stated the Director’s evaluation shall be conducted by the Authority in October of each year and presented at the next regular meeting following October 31st. Jennifer Cowan, Port Authority Attorney, advised Authority members to forward to her their evaluation comments, which will be combined and discussed at the November 17th meeting. Discussion ensued that the Authority membership will change following the general election, the first meeting with new Authority, a standard evaluation form can be used, and the desire for the existing Authority to conduct the performance evaluation.

EXECUTIVE DIRECTOR COMMENTS

Carlos Buqueras, Executive Director, had no comments.

PUBLIC COMMENTS

There were no public comments.


PA MB 2016/34

PORT AUTHORITY COMMENTS

Authority Member Baugh • Requested an update on the Washington Park project Dave Sanford, Deputy Director, stated the Army Corps of Engineers (ACOE) has committed to oversee the permitting process and a portion of mitigation, ACOE accelerated the dewatering process and ditch clearing, and is working on a design to improve the outlook structure and lower the dike to continue to remove water. Discussion ensued that a project timeline is crucial in order to qualify for grant funds, the County Administrator was asked to designate a project manager to prepare a design plan, the project must be included in the Park Master Plan and Capital Improvement Plan (CIP), the project must be broken down into phases with dimensions and quantities for cost purposes, County funding depends on these details, and plan needs to be part of the CIP in order for the ACOE to proceed. Authority Member Smith • Requested an update on the recent convention Dave Sanford attended Member Chappie • Thanked Ms. Lane for the CSX presentation

PORT MEETING Mr. Buqueras stated the November meeting is scheduled for November 17th.

ADJOURN

There being no further business, Chairman Benac adjourned the meeting at 10:33 a.m. Minutes Approved:

November 17, 2016

CONSENT

AGENDA ITEM 5.C.: BUDGET RESOLUTION

BACKGROUND:

This budget resolution budgets or amends the following:

Railroad Crossing Improvements is budgeted a total of $55,000 which will be funded 50% by

FDOT.

The current budget of berth 9 rehabilitation is decreased $60,617 with increases in the same

total amount to the budgets in berths 4, 5, 10, 12 and 14 (SIB Loan fund). It also decreases the

current budgeted amounts for berths 4, 5, 7, 10, 12 and 14 in the FDOT grant fund.

Budgets $45,000 for the purchase of three used vehicles for security.

Budgets $100,000 for initial repairs to berth 10. Repair costs are expected to be reimbursed

by the vessel insurance agency.

ATTACHMENT:

Budget Resolution PA-17-03.

COST AND FUNDING SOURCE:

FDOT grant proceeds in the amount of $27,500 and $172,500 from port of which $100,000 is

expected to be reimbursed.

CONSEQUENCES IF DEFERRED:

Delay in budget allocations

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to adopt Budget Resolution PA-17-03.

RESOLUTION PA-17-03

AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY

FOR FISCAL YEAR 2016-2017

WHEREAS, Florida Statutes 129.06, authorizes the Manatee County Port Authority to amend

its budget for the current fiscal year as follows:

a) 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.

b) 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.

c) 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 2016-2017 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:

Item No. Batch ID No. Reference No.

1 BADSB09A/B BU17000065

2 BADSB09A/B BU17000066

3 BADSB09A/B BU17000067

4 BADSB09A/B BU17000068

ADOPTED with a quorum present and voting this the 17th day of November, 2016.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY CLERK OF CIRCUIT COURT

By:

BUDGET ADMENDMENT RESOLUTION NO. PA-17-03

AGENDA DATE: November 17, 2016

1) Fund: FDOT – 50%

Port – 50%

Section: Railroad Crossing Improvements

Description: Budgets for railroad crossing improvements on South Dock Street

and the crossings on Reeder Road.

Batch ID: BADSB09A/B Reference: BU17000065

2) Fund: FDOT

SIB Loan

Section: Berth Rehabilitation

Description: Aligns the budgets of the various berths in the berth rehabilitation

project.


3) Fund: Port

Section: Security

Description: Budgets for the purchase of three used vehicles for the security

department. Four security vehicles currently in use will be used as

trade-ins.


4) Fund: Port

Section: Berth 10

Description: Budgets $100,000 for the initial repairs to berth 10 due to the

damage caused when a vessel struck the berth.


00726944-1

November 17, 2016

CONSENT

AGENDA ITEM 5.D.: JOINT PARTICIPATION AGREEMENT –RAILROAD

CROSSING IMPROVEMENTS

BACKGROUND:

The Florida Department of Transportation (FDOT) has agreed to participation in the

funding of improvements to the railroad crossings on South Dock Street as well as on

Reeder Road and has provided the attached Joint Participation Agreement (JPA). To enter

into the agreement, FDOT requires that the Port Authority adopt a resolution specifically

approving said JPA and authorizing the execution thereof on behalf of the Port Authority

by specifically designated officials thereof.

ATTACHMENT:

Resolution PA-17-04 and the State of Florida Department of Transportation, Public

Transportation Joint Participation Agreement


$27,500 is to be paid each by FDOT and Port


Possible loss of grant funding and delay in execution of the JPA.

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to adopt Resolution PA-17-04 authorizing the execution of a Joint Participation

Agreement with the Florida Department of Transportation for the railroad crossing

improvements on South Dock Street and Reeder Road.

00726944-1

.

Financial Project Number

440642-1-94-01

PA-17-04

A RESOLUTION BY THE MANATEE COUNTY PORT AUTHORITY APPROVING

AND AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION

AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION

WHEREAS, the State of Florida Department of Transportation (Department) has

offered to enter into a Public Transportation Joint Participation Agreement with the

Manatee County Port Authority (Port Authority) to provide Department participation in the

railroad crossings repair project, and

WHEREAS, the Port Authority has the authority to enter into said Joint

Participation Agreement with the Department, and it is expedient and in the best interests

of this Port Authority to approve and authorize the execution of the Joint Participation

Agreement.

NOW THEREFORE BE IT RESOLVED by the Manatee County Port Authority

that:

1. The State of Florida Department of Transportation Public Transportation

Joint Participation Agreement, identified as Financial Project Number 440642-1-94-01

(Joint Participation Agreement) wherein the Department agrees to a maximum

participation in the amount of $27,500 is hereby approved. The Chairman of the Port

Authority, or, in the absence of the Chairman, any Vice Chairman of the Port Authority, is

hereby authorized to execute said Joint Participation Agreement on behalf of the Port

Authority.

2. The Clerk of the Circuit Court of Manatee County, Florida, is hereby authorized

to cause two copies of this resolution to be certified for delivery to the Florida Department

of Transportation.

ADOPTED with a quorum present and voting this the 17th day of November, 2016.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY CLERK OF CIRCUIT COURT

By:

Chairman

November 17, 2016

CONSENT

AGENDA ITEM 5.E.: CHANGES TO RAILROAD TARIFF

BACKGROUND:

Normal switching hours is revised to reflect that the lunch hour of noon – 1 p.m. is not

included in normal switching hours. In addition, the rate of switching performed outside of

the normal switching hours is increased from $200 to $300 to recoup overtime and other costs.

ATTACHMENT:

Port Manatee Railroad Local Freight Tariff No. MAUP 80-O, pages 4 and 11


N/A.


N/A

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to approve the change in normal switching hours and the increase in the rate for

switching performed outside of the normal switching hours per items 120 and 5500 in the Port

Manatee Railroad Local Freight Tariff No. MAUP 80-O.

MAUP-80-O PORT MANATEE RAILROAD

LOCAL FREIGHT TARIFF NO. MAUP 80-O

8th Revision Page 4

Cancels 7th Revision Page 4

SPECIAL RULES AND REGULATIONS ITEM

CLEANING OF FREIGHT CARS

It is the consignee’s or stevedore’s duty to completely unload from railcars, at their expense, all

dunnage, debris, or other foreign matter connected with the inbound shipment so as to return

railcars to the Carrier in a condition for loading by another shipper without further unloading.

In the event the consignee returns an unloaded railcar containing dunnage, debris, or other

foreign matter connected with the inbound shipment, MAUP will remove such material from

the railcar at the expense of the consignee. It is also the consignee’s or stevedore’s duty to make

sure all doors are closed and locked before any cars are considered empty and are ready to ship

back out.

110

DEFINITIONS OF TECHNICAL TERMS USED IN THIS TARIFF

“HOLIDAYS” – where the term “Holiday” is used in this Tariff such term will be construed as referring

to the days listed below (See Note 1):

New Year’s Day Veteran’s Day

Martin Luther King’s Birthday Thanksgiving Day

President’s Day Thanksgiving Friday

Decoration (Memorial) Day Christmas Eve Day

Independence Day Christmas Day

Labor Day

NOTE 1 – When any one of the above days falls on Sunday, the following Monday will be

observed as a holiday.

“NORMAL SWITCHING HOURS” – MAUP will perform regular switching operations Monday

through Friday, 8:00 AM until 12:00 noon and 1 PM to 5:00 PM, excluding Holidays as defined above.

“OTHER THAN NORMAL SWITCHING HOURS” – MAUP will perform switching operations after

normal switching hours Monday through Friday, 1700 hours to 2000 hours and 2000 hours through 0800

hours. This includes weekends and holidays. The Monday through Friday 12:00 noon lunch hour is

considered “other than normal switching hours.”

120

FOR EXPLANATION OF ABBREVIATIONS AND REFERENCE MARKS, SEE ITEM 6000 OF

TARIFF, Pages 12-13.

ISSUED:

November 17, 2016

ISSUED BY:

MANATEE COUNTY PORT AUTHORITY

300 Tampa Bay Way

Palmetto, FL 34221-6608

EFFECTIVE:

November 17, 2016

MAUP-80-O PORT MANATEE RAILROAD LOCAL

FREIGHT TARIFF NO. MAUP 80-O

7th Revision Page 11

Cancels 6th Revision Page 11

LOCAL SWITCHING RATES AND CHARGES

RATES AND CHARGES IN DOLLARS AND CENTS PER HOUR OR DAY

OTHER THAN NORMAL SWITCHING

HOURS

SWITCHING HOURS CHARGE ITEM

(I) Switching performed at the request of tenant,

terminal operator or shipper, not completed during

“normal switching hours”. This charge will be

assessed to tenant, terminal or shipper requesting

the train crew. This charge is in addition to all other

linehaul and switching charges incurred. (See

definition in Item 120).

After normal switching

hours

1700 hrs to 2000 hours

2000 hrs to 0800 hours

Monday thru Friday

Includes

All weekend hours

All holiday hours

$200 300 per

hour

5500

PRIVATE AND ”POOL” CARS STORAGE/

HOLD CHARGE

ALL HOURS CHARGE ITEM

(N/C) When loaded or empty private cars or “pool”

agreement cars are held or stored on tracks owned

and operated by the Port Manatee Railroad, a

storage/hold charge will be assessed. The charges

apply per car, per day or fraction of a day and are to

be computed from the day that proper notification

is provided to the shipper for the railcar. (See

definition in Item 120).

Note: “Weather Interference” - During any part of

the “Free Time” if the condition of the weather

during any part of the work shift is such to make it

impossible to unload or load railcars without

serious damage to the freight, “Free Time” will be

extended until a total of the number of hours free

from such weather interference will be allowed.

This is provided if the consignor or consignee

notifies the Port Manatee Railroad and requests

such additional time advising the nature and

duration of the weather interference at or prior to

the time the railcar is released.

Includes Saturdays,

Sundays and Holidays

$0.00 for each

of the first 7

“Free Time”

days.

$10.00 for each

subsequent day

after “Free

Time” is

allowed.

5600

ISSUED:

November 17, 2016

ISSUED BY

MANATEE COUNT PORT AUTHORITY

300 Tampa Bay Way

Palmetto, FL 34221-6608

EFFECTIVE:

November 17, 2016

November 17, 2016

AGENDA ITEM 6.: BERTH REHABILITATION CHANGE ORDER NO. 006 - ORION

BACKGROUND:

On December 17, 2015, the Port Authority awarded the contract for berth reconstruction to Orion Marine

Construction Inc. (Orion) in the amount of $9,139,099. The original contract price included sales tax of the

various subcontractors. Change orders 001-005 have been approved for direct material purchases and also

for unanticipated subsurface obstructions, discovery of a large void, exploratory excavations and to patch

numerous underwater holes.

Change Order 006 is presented for an increase in the amount of $41,334.00 for the removal and replacement

of several existing PVC water lines and the demolition of several unidentified concrete seams to

accommodate new asphalt pavement. These changes will extend the schedule by 8 days. The overall net

change in contract price from Change Orders 001-006 is a decrease of $26,679.70.

ATTACHMENT:

Change Order No. 006 to the contract for berth reconstruction with Orion


FDOT grant @ 75% and Port loan @ 25%.


Project delays.

LEGAL COUNSEL REVIEW: Pending

RECOMMENDATION:

Move to approve and authorize the execution on behalf of the Port Authority, Change Order No.

006 to the contract between the Manatee County Port Authority and Orion Marine Construction

Inc. for berth reconstruction for an increase in the amount of $41,334.00 and to extend the contract

by 8 additional days, subject to the approval of FDOT.

00728955-1

November 17, 2016

AGENDA ITEM 7.: SOUTHGATE IMPROVEMENT CHANGE ORDER

NO. 002 – PEPPER CONTRACTING SERVICES

BACKGROUND:

On April 21, 2016, the Authority awarded the contract for the South Access Modification

project to Pepper Contracting Services, Inc., (Pepper) in the amount of $807,769.50. Change

Order No. 001 was approved on September 15, 2016, for an increase in the amount of

$28,160.53 due to the existing force main location conflict and the removal of abandoned

storm pipes.

Change Order 002 is presented due to various modifications, additions, deletions and new

items of work as detailed in the summary of cost impacts.

ATTACHMENT:

Change Order 002 to the contract for south gate improvements with Pepper.


FEMA grant funding representing 75% of costs and contributions representing 25%.


Project delays.


RECOMMENDATION:

Move to approve and authorize the execution on behalf of the Port Authority, Change

Order No. 002 to the contract between the Manatee County Port Authority and Pepper

Contracting Services, Inc. for south gate improvements for an increase of $7,210.58 due to

various additions, deletions and modifications.

00726925-1

November 17, 2016

AGENDA ITEM 8.: EXECUTIVE DIRECTOR EVALUATION

BACKGROUND:

On March 19, 2015, the Authority approved the Employment Agreement with Mr. Carlos

Buqueras for the term of May 1, 2015 through May 1, 2018, which superseded the previous

Employment Agreement and any amendments. The Employment Agreement stipulates that an

evaluation will be conducted by the Authority in October of each year and shall be presented at

the next regular Authority meeting following October 31. Based on the performance evaluation,

the Director may be granted a merit salary increase as determined by the Authority. No merit

salary increase is guaranteed.

On October 20, 2016, at the regular Port Authority meeting, it was determined that the Authority

members would individually complete a performance evaluation of the Executive Director and

submit those evaluations to Port legal counsel Jennifer Cowan in advance of the November Port

Authority meeting. Port legal counsel was to summarize the performance evaluations received

and present that summary at the November 17, 2016 Port Authority meeting.

ATTACHMENT:

Evaluation Summary – TO BE PROVIDED



Delay in evaluation of Mr. Carlos Buqueras.

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION: N/A

November 17, 2016

AGENDA ITEM 9.: COMMISSIONERS BUSTLE AND CHAPPIE

RECOGNITION

BACKGROUND:

Commissioner Larry Bustle and Commissioner John Chappie have been members of the Manatee County Port Authority since 2008. Commissioner Bustle served as Port Chair for three years -- 2010-2012 and was second Vice Chairman in 2009. Commissioner Chappie served as First Vice Chairman in 2016 and 2011; Second Vice Chairman in 2015; and Third Vice Chairman in 2009 and 2010. We wish to recognize their contribution to the success of Port Manatee and acknowledge their support for the past 8 years.

November 17, 2016

AGENDA ITEM 10.: BERTH 10 VESSEL COLLISION DAMAGE

BACKGROUND:

The M/V Rickmers Hamburg struck berth 10 on July 3, 2016. Delays occurred with coordinating a survey

with the vessel’s representatives to assess the damage. It is now in the best interest for Port Manatee to

remediate the exposed embankment at the west end of berth 10 to avoid additional damages. A proposal

has been received from Orion Marine Group which is currently on-site as the contractor for the berth

rehabilitation project. Request is to approve the emergency repair to berth 10 in the amount of $75,163.03.

ATTACHMENT:

Proposal – Berth 10 Emergency Repair


$75,163.03 Port cash with reimbursement anticipated from the vessel’s insurance


Continued deterioration of the damage to berth 10


RECOMMENDATION:

Move to approve the issuance of a purchase order to Orion Marine Construction Inc. for the

emergency repairs to berth 10 in the amount of $75,163.03.

ORION MARINE CONSTRUCTION, INC.

www.orionmarinegroup.com

5440 W. Tyson Ave ● Tampa, FL 33611

Phone 813-839-8441 ● Fax 813-831-7498

November 16, 2016 Proposal – Berth 10 Emergency Repair Manatee County Port Authority 300 Tampa Bay Way Palmetto, FL 34221 Attn: Mr. George Isiminger

Subject: Berth 10 West-End Bulkhead Ship Damage Repair

Orion Proposal

Dear Mr. Isiminger:

Orion Marine Construction, Inc. (Orion) has prepared this proposal in the amount of $75,163.03 to temporarily remediate the exposed embankment at the west-end of Berth 10. This emergency repair which is needed due a ship’s collision with the berth, is outside of the scope of Orion’s current contract, No. AR790, and associated Change Orders with the Port to Reconstruct Berth 9 and provide cathodic protection improvements. The above pricing includes labor, equipment and materials needed to remediate the affected area in general accordance with your email dated 11/7/16. Orion has attached a sketch to illustrate a typical cross section of the repair. Please note that the termination of the filter fabric toe has been modified to reflect standard industry design and facilitate constructability. The proposed pricing allocates the use of up to 100 CY of fill dirt, 60 tons of bedding stone, and 160 tons of bank and shore type rip rap. A storage area of 100’ x 40’ will be required on the adjacent berth to store these materials while the work is being performed. Due to the exposure of the embankment to wind and wave action, and uncertainty of the erosion at the potable waterline, Orion cannot guarantee the above listed quantities will complete the remediation. The sensitive nature of this work and the likely possibility that the erosion will spread will require Orion be provided an opportunity to inspect the area 24 hours prior to entering into an agreement to perform this work to ensure that the scope has not significantly increased. If awarded, a time extension of 7 work days to contract AR790 will be necessary to offset the impact created by using critical resources from Berth 9 to perform this scope. This proposal is contingent upon a mutually agreeable schedule. As you are aware these temporary measures are not intended as a permanent repair. Orion strictly excludes liability for the repair design. Furthermore due to the compromised integrity of this berth, including but not limited to the existing asphalt pavement, sheet pile wall, mooring structures, and utilities Orion cannot be held liable if additional damage occurs during the construction of the repair. Should litigation arise involving or relating to the third party that

www.orionmarinegroup.com

5440 W. Tyson Ave ● Tampa, FL 33611

Phone 813-839-8441 ● Fax 813-831-7498

caused the damage, or any insurance carrier, the Port shall indemnify and defend Orion, and keep Orion’s costs confidential in any proceedings. We are available to discuss this matter at your earliest convenience. Best Regards,

Orion Marine Construction, Inc.

Ryan DeHahn Project Manager Attachments: Temporary Armor Concept Sketch Cc: A.J. Perez, Amy Pranger

rdehahn

Image

ORION MARINE CONSTRUCTION INC. BY: R.DeHahn

Port Manatee Berth 9 Reconstruction 17-Nov-16

17-Nov-16

EXTRA COST - Cost associated with Berth 10 Stabilization

LABOR MATL EQUIPT EQUIP(IDLE) SUB TOTAL

UNIT UNIT UNIT UNIT UNIT UNIT TOTAL EQUIP

ITEM # / Date DESCRIPTION QUANTITY UNIT COST COST COST COST COST COST LABOR MATERIAL EQUIPMENT (Stand Bye) SUBCONT. SUBTOTAL TOTAL

72 HRS $177.85 $268.33 $170.39 $0.00 $0.00 $722.54 $12,805.00 $19,320.00 $12,268.40 $0.00 $0.00 $52,022.76

DIRECT COSTS

Handle 24" Concrete Pile Cutoff, Barricades Twice

Greene, Sonny (General Superintendent) 12 HRS $48.00 $0.00 $0.00 $0.00 $0.00 $48.00 $576.00 $0.00 $0.00 $0.00 $0.00 $576.00

Murphy, Sean (Laborer) 12 HRS $14.50 $0.00 $0.00 $0.00 $0.00 $14.50 $174.00 $0.00 $0.00 $0.00 $0.00 $174.00

Pazsek, Justin (Laborer) 12 HRS $18.00 $0.00 $0.00 $0.00 $0.00 $18.00 $216.00 $0.00 $0.00 $0.00 $0.00 $216.00

Sauls, Robert (Crane Operator) 12 HRS $42.11 $0.00 $0.00 $0.00 $0.00 $42.11 $505.32 $0.00 $0.00 $0.00 $0.00 $505.32

American 9310 Crane 12 HRS $0.00 $0.00 $255.06 $0.00 $0.00 $255.06 $0.00 $0.00 $3,060.72 $0.00 $0.00 $3,060.72

Spud Barge 12 HRS $0.00 $0.00 $108.11 $0.00 $0.00 $108.11 $0.00 $0.00 $1,297.32 $0.00 $0.00 $1,297.32

25' Push Boat 12 HRS $0.00 $0.00 $150.00 $0.00 $0.00 $150.00 $0.00 $0.00 $1,800.00 $0.00 $0.00 $1,800.00

Remove Asphalt, Place Filter Fabric, Install Rock

(includes installation and removal of turbidity barrier)

Centeno, Jose (Laborer) 60 HRS $24.25 $0.00 $0.00 $0.00 $0.00 $24.25 $1,455.00 $0.00 $0.00 $0.00 $0.00 $1,455.00

Greene, Sonny (General Superintendent) 60 HRS $48.00 $0.00 $0.00 $0.00 $0.00 $48.00 $2,880.00 $0.00 $0.00 $0.00 $0.00 $2,880.00

Murphy, Sean (Laborer) 60 HRS $14.50 $0.00 $0.00 $0.00 $0.00 $14.50 $870.00 $0.00 $0.00 $0.00 $0.00 $870.00

Pazsek, Justin (Laborer) 60 HRS $18.00 $0.00 $0.00 $0.00 $0.00 $18.00 $1,080.00 $0.00 $0.00 $0.00 $0.00 $1,080.00

Smith, Maxwell (Track Hoe Operator) 60 HRS $27.00 $0.00 $0.00 $0.00 $0.00 $27.00 $1,620.00 $0.00 $0.00 $0.00 $0.00 $1,620.00

145 Link Belt Excavator 60 HRS $0.00 $0.00 $26.85 $0.00 $0.00 $26.85 $0.00 $0.00 $1,611.00 $0.00 $0.00 $1,611.00

Loader (RENTAL) 60 HRS $0.00 $0.00 $60.48 $0.00 $0.00 $60.48 $0.00 $0.00 $3,628.80 $0.00 $0.00 $3,628.80

Long Reach Excavator (RENTAL) 60 HRS $0.00 $0.00 $95.84 $0.00 $0.00 $95.84 $0.00 $0.00 $5,750.40 $0.00 $0.00 $5,750.40

Filter Fabric 2 EA $0.00 $800.00 $0.00 $0.00 $0.00 $800.00 $0.00 $1,600.00 $0.00 $0.00 $0.00 $1,600.00

Bedding Stone Material 60 TN $0.00 $64.00 $0.00 $0.00 $0.00 $64.00 $0.00 $3,840.00 $0.00 $0.00 $0.00 $3,840.00

Bank and Shore Material 160 TN $0.00 $68.00 $0.00 $0.00 $0.00 $68.00 $0.00 $10,880.00 $0.00 $0.00 $0.00 $10,880.00

Fill Material 100 CY $0.00 $30.00 $0.00 $0.00 $0.00 $30.00 $0.00 $3,000.00 $0.00 $0.00 $0.00 $3,000.00

Overhead and Indirect Costs (7 days)

DeHahn, Ryan (Project Manager) 70 HRS $40.00 $0.00 $0.00 $0.00 $0.00 $40.00 $2,800.00 $0.00 $0.00 $0.00 $0.00 $2,800.00

Pranger, Amy (Field Engineer) 70 HRS $30.00 $0.00 $0.00 $0.00 $0.00 $30.00 $2,100.00 $0.00 $0.00 $0.00 $0.00 $2,100.00

Ford F-150 4x2 (R.DeHahn) 70 HRS $0.00 $0.00 $6.13 $0.00 $0.00 $6.13 $0.00 $0.00 $429.10 $0.00 $0.00 $429.10

GMC Canyon 4x2 (A.Pranger) 70 HRS $0.00 $0.00 $6.13 $0.00 $0.00 $6.13 $0.00 $0.00 $429.10 $0.00 $0.00 $429.10

Office 7 DAYS $0.00 $0.00 $60.00 $0.00 $0.00 $60.00 $0.00 $0.00 $420.00 $0.00 $0.00 $420.00

SUBTOTAL DIRECT COST 72 Hrs $722.54 $13,540.66 $19,320.00 $15,347.42 $0.00 $0.00 $52,022.76

LABOR BURDEN @ 33% DIRECT LABOR COST 33.00% $4,468.42 $4,468.42

LABOR PROFIT @ 30% 30.00% $5,402.72 $5,402.72

SALES TAX @ 7% 7.00% $1,352.40 $1,352.40

MATERIAL PROFIT @ 30% 30.00% $6,201.72 $6,201.72

EQUIPMENT PROFIT @ 30% 30.00% $4,604.23 $4,604.23

SUBCONTRACT PROFIT 5% 0.00% $0.00 $0.00

SUBTOTAL BEFORE BOND $1,028.50 $74,052.25

INSURANCE & BOND @ 1.5% 1.50% $1,110.78

TOTAL PRICE WITH ALL APPLICABLE MARKUPS $75,163.03

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