CN-550000-ASR26-W0010000.pdf

Florida Department of Transportation

RON DESANTIS

GOVERNOR

801 N. Broadway Avenue

Bartow, FL 33830

KEVIN J. THIBAULT, P.E.

SECRETARY

www.fdot.gov

January 24, 2022

Mr. Bruce Fay, President

Seminole Gulf Railway, L.P.

4110 Center Pointe Drive, Suite 207

Fort Myers, Fl. 33916

NOTICE TO PROCEED

RE: FM No.: 441026-1-57-01 Location: SR 884 (Colonial Blvd)

Crossing No: 626401-G RRMP No. AX 960.30

City: Fort Myers County: Lee

Dear Mr. Fay, We are enclosing one (1) fully approved Change Order No. 1, dated January 24, 2022, for $7,650.00, involving your company. The work to be performed will consist of the following:

Funding for emergency replacement of one gate mech with counterweight arms and counterweights

(complete assembly) at Railroad Crossing No. 626401-G, RRMP No. AX 960.30, SR 884 (Colonial

Blvd), Fort Myers, Lee County.

Should you have any questions or need additional information, please let us know. I can be reached at

863/519-2730 or lisa.petro@dot.state.fl.us .

Sincerely, Lisa Revell-Petro

District Rail Coordinator

LJRP/ljrp enc.

c.c. EDMS

D1 Contract Status Change

Project File

DocuSign Envelope ID: 4A66324C-FB74-4F75-9E54-403F0C72F0AE mailto:lisa.petro@dot.state.fl.us

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

RAILROAD CHANGE ORDER NO. 1

725-090-04B

RAIL

OGC – 1/21

Financial Project Number Road Name or Number County Name Parcel & R/W

Number

FAP

Number

44102615701 SR 884 (Colonial Blvd) Lee 1 (12504-FLGL) N/A

A. 1. The Seminole Gulf Railway, LP Company is hereby authorized to observe the following changes in the plans and or specifications to the subject Railroad Agreement, and to perform such work accordingly, further described as:

Funding for emergency replacement of one gate mech with counterweight arms and counterweights (complete assembly) at Railroad Crossing No. 626401-G, RRMP No. AX 960.30, SR 884 (Colonial Blvd), Fort Myers, Lee County.

2. Exhibit A, Exhibit B, and Exhibit C are attached to the Railroad Change Order and made part of the Original

Railroad Agreement.

3. The items of work covered by this Change Order are referenced to an Master Agreement of record dated

11/13/1987 and no supplemental Agreement is required.

Master Type: Crossing Surface Signals Preliminary Engineering

B. 1. The Railroad Relocation Work is to conform to that shown by the railroad adjustment plans as:

a. X ATTACHED

b. INCLUDED IN THE HIGHWAY CONTRACT PLANS

2. Reimbursement for the cost of this Railroad Work is to be in accord with the provisions set forth in Administrative Rule Chapter 14-57 as:

a. NONREIMBURSABLE – Section .011(2)

b. X REIMBURSABLE – Section .011(2)

(1) X Force Account Method

(2) Lump Sum Method

(3) Third Party Contract Method

C. ESTIMATED COST OF WORK DUE TO THIS CHANGE ORDER

ITEM

NO.

ITEM UNIT UNIT

PRICE

WORK ELIMINATED (-)

QTY AMOUNT

ADDITIONAL WORK (+)

QTY AMOUNT

Material - Gate Mech 0.00 7,650.00

Sub-Totals ………………………………………………………………… $0.00 $7,650.00

Net Cost of Construction Changes, this order ………………………... $0.00 $7,650.00

Cost of Construction Changes, previously ordered ………………….. $0.00 $0.00

Net Total Cost of Construction Changes, to date…………………………………………….. $7,650.00

Contract Amount ………………………………………………………………………………… $0.00

Estimated Cost of Work Authorized, to date………………………………………………….. $7,650.00

Examined as to provisions and participating items of cost:

Recommended: Approved: Approved: N/A

Date

Exempt From FHWA Review District Rail Administrator

Modal Development Administrator

Division Administrator

N/A

Federal Highway Administration

1/24/2022 | 12:50 PM EST 1/24/2022 | 1:21 PM EST

EXHIBIT A

The Company shall:

1. utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Company during the term of the contract; and

2. include an express requirement in any subcontract that subcontractors performing work or providing services pursuant to the state contract 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.

EXHIBIT B

The Company shall:

1. adhere to all Buy America requirements (23 CFR 635.410) to ensure that all manufacturing processes of steel and iron occur in the United States; and

2. ensure that prefabricated items that contain steel must also comply with Buy America; and

3. provide Buy America certifications that include correct language, project information, and the material’s delivery date.

EXHIBIT C

The Company understands:

1. that while FHWA1273 does not apply to force account work performed by rail companies, FHWA-assistance is subject to Title VI (42 U.S.C. § 2000d et seq); and

2. requires appropriate assurances by providing an executed Title VI / Nondiscrimination Assurance, including Appendices A and E.

FLORIDA DEPARTMENT OF TRANSPORTATION

FUNDS APPROVAL

ASR26

1/24/2022

CONTRACT INFORMATION

FUNDS APPROVAL INFORMATION

FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 1/24/2022

Action: Task Work Order

Reviewed or Approved: APPROVED

Organization Code: 55014010106

Expansion Option: A5

Object Code: 134000

Amount: $7,650.00

Financial Project: 44102615701

Work Activity (FCT): 127

CFDA:

Fiscal Year: 2022

Budget Entity: 55150200

Category/Category Year: 088716/22

Amendment ID: W001

Sequence: 00

User Assigned ID: CO# 1

Enc Line (6s)/Status: 0001/04

Total Amount: $7,650.00

Contract: ASR26

Contract Type: AB - RR SIGNALS-MAINT (RR-SIG/MTE)

Vendor Name: SEMINOLE GULF RAILWAY, LP

Vendor ID: F042982893001

Beginning Date of This Agreement: 01/21/2022

Ending Date of This Agreement: 01/21/2032

Contract Total/Budgetary Ceiling:

Method of Procurement: R - RAILROAD/UTILITIES AGREEMENT

Description: 441026-1 Seminole Gulf Railway, SR 884, Colonial Blvd, Lee County

Page1 of 1

To: Lisa.Petro@dot.state.fl.us

2. Reimbursement for the cost of this Railroad Work is to be in accord with the provisions set forth in Administrative Rule Chapter 14-57 as: