CN-550000-BE885-S0020000.pdf

FLORIDA DEPARTMENT OF TRANSPORTATION

STANDARD WRITTEN AGREEMENT

375-040-07

PROCUREMENT

03/17

MODIFICATION # 2

Agreement No. BE885

Financial Project I.D. 412994-4-52-18

Vendor No. F13-4226271001

Procurement No. DOT-RFP-20-5001-FNC

DMS Catalog Class No. 30152000, 72154013, 72154069

Amendment # 2

This Agreement, made and entered into on by and between the STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and and KMG Fence, LLC, 505 Johns Rd. Apopka, Florida 32703, , duly authorized to conduct business in the State of Florida, hereinafter called the "Vendor."

WITNESSETH:

WHEREAS, the Department and the Vendor heretofore on December 11, 2019 , entered into an agreement, hereinafter called the "Original Agreement," whereby the Department retained the Vendor to furnish certain services in connection with The

Central Florida Rail Corridor (CFRC) SunRail Corridor Fencing and Sign Installation Project ; and

WHEREAS, the Department has determined it necessary to amend the agreement to to modify the fencing and signage locations and limits within Segments of the CFRC. , NOW, THEREFORE, this Agreement witnesseth the following amendment is made;

The Vendor shall perform Extra Work as described in the attached Exhibit “A,” Scope of Services attached to this Amendment No. 2.

pursuant to Exhibit "A", Scope of Services, Article 3.0 in the original agreement. Payment for this work will be made in accordance with the attached Exhibit "B", Method of Compensation. Additional funding for these services is hereby added in the Lump Sum Amount of $15,540.28 under Financial Project No. 412994-4-52-18 as shown in Exhibit B, Method of Compensation. This modification increases the total contract amount to $488,346.12.

The following attachments are incorporated into and made a part of this Amendment:

Exhibit “A”, Scope of Services Fencing and Sign Installation, Segment Modifications

Exhibit “B,” Method of Compensation

Exhibit F-2, Summary of Changes to Fencing locations

Exhibit F-6, Segment 32, Pennsylvania-Holt., NEW

Except as hereby modified, amended, or changed, all of the terms and conditions of said agreement and any amendments thereto will remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above.

DocuSign Envelope ID: B089B491-AB88-401B-9409-F06ECAEEF291

5/22/2020 | 1:14 PM EDT

FLORIDA DEPARTMENT OF TRANSPORTATION

STANDARD WRITTEN AGREEMENT

375-040-07

PROCUREMENT

03/17

KMG Fence, LLC

STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION

Name of Vendor

BY: BY:

Authorized Signature

Charles M. Heffinger, Jr. P.E.

(Print/Type) (Print/Type)

Title: Title:

FOR DEPARTMENT USE ONLY

APPROVED: LEGAL REVIEW

DocuSign Envelope ID: B089B491-AB88-401B-9409-F06ECAEEF291

Manager

Karen Grimsley

SUNRAIL - CHIEF OPERATIONS OFFICER

A-1 BE885, Amendment No. 2 Fencing and Sign Modifications FM. No. 412994-4-52-18

EXHIBIT “A”

SCOPE OF SERVICES

Contract BE885 - Modification 2, Amendment 2

Corridor Fencing and Sign Installation Modifications

1.0 OBJECTIVE:

The Vendor shall modify the fencing installation and signage locations and limits specified in the December 11, 2019 BE885 Executed Contract and Amendment 1 as detailed in this

Exhibit “A”, Scope of Services.

Since the execution of Amendment 1 an adjacent third-party landowner has begun installation of fencing adjacent to the location of fencing identified for Segment 29. The Department has determined that the fencing work for Segment 29 shall be suspended at this time. The

Department will revise the quantity remaining to be installed within Segment 29 pending determination of the quantity of fence installed by the third-party and authorization to complete that segment will be provided at that time.

New fencing, signage and vegetation removal has been added within Segment 32. The modifications shown in the plans and detail documents are included as exhibits to this Scope of Services.

2.0 SERVICES TO BE PROVIDED

Fence installation information for locations to be modified from the original scope and Amendment 1 are as summarized in the attachments shown below.

Exhibit F-2, Summary of Changes to Fencing locations

Additional fence, signs as shown in

Exhibit F-6, Segment 32, Pennsylvania-Holt, NEW

3.0 SERVICE PERIOD:

Services, as modified by this agreement shall be authorized to commence upon execution of this agreement. In section 3.02 of the Original Agreement the Days to Achieve Completion of the Work is hereby increased by 120 days or within such time as granted in writing by the

Department.

It is the responsibility of the Vendor to ensure adequate service time remains and request additional time from the Department if needed. Any work performed by the Vendor prior to receipt of an executed Supplemental Agreement issued by the Department or after expiration of the service period shall be considered unauthorized work and the Vendor shall not be entitled to compensation for said services.

DocuSign Envelope ID: 9323A545-4666-42A9-BAEF-31F0CD6452C7DocuSign Envelope ID: B089B491-AB88-401B-9409-F06ECAEEF291

A-2 BE885, Amendment No. 2 Fencing and Sign Modifications FM. No. 412994-4-52-18

4.0 DELIVERABLES:

Physical improvements as described in the original Contract BE885 Scope of Services and modifications as provided in the Exhibits to this Amendment.

DocuSign Envelope ID: 9323A545-4666-42A9-BAEF-31F0CD6452C7DocuSign Envelope ID: B089B491-AB88-401B-9409-F06ECAEEF291

B-1 BE885 Amd. 2 Fencing and Sign Modifications FM. No. 412994-4-52-18

EXHIBIT "B"

METHOD OF COMPENSATION

BE885 - Modification No. 2, Amendment No. 2 Corridor Fencing and Sign Installation Modification

1.0 PURPOSE and TERM:

This Exhibit defines the limits of compensation to be made to the Vendor for the services set forth in the attached Exhibit "A" Scope of Services for this Modification No. 2, Amendment No. 2, and the method by which payments shall be made.

As stated in the Exhibit “A” Scope of Services, the date of execution of Modification No. 2, Amendment 2 shall be considered the date of the Notice to Proceed.

2.0 FUNDING:

For the satisfactory performance of the Services detailed in this amendment, the Vendor shall be paid the Lump Sum Amount of $15,540.28. This amount will be paid in the amounts shown in Section 4.0 below.

It is agreed that the Vendor is obligated to perform the services required by this amendment in accordance with Exhibit “A” Scope of Services. The vendor is responsible to manage the project and complete the services in accordance with the approved Project Schedule and Schedule of Values. Any changes to the scope will be made in accordance with Section 2 of the Original agreement. The Lump Sum amounts are shown in Table 1 Pay Item Limits.

3.0 COMPENSATION:

3.1 Progress Payments:

For the Lump Sum services, the Vendor shall be compensated based on the percentage of services completed during the billing period as approved by the Department in accordance with this Amendment not to exceed the total Lump Sum amount shown in Table 1, Pay Item Limits.

3.2 Liquidated Damages:

In the event the Vendor fails to complete the Extra Work within the time stated and meeting the Milestones identified in the approved Project Schedule as stated in Exhibit “A,” Scope of Services, the Vendor shall pay, not as penalty, but as liquidated damages the amount $100,00 per calendar day for milestones not accepted by the Department. The Department has the right to apply, as payment on such damages any money the Department owes to the Vendor.

Liquidated Damages will be assessed and deducted from the monthly Lump Sum invoice as per section 5.0 below.

DocuSign Envelope ID: 9323A545-4666-42A9-BAEF-31F0CD6452C7DocuSign Envelope ID: B089B491-AB88-401B-9409-F06ECAEEF291

B-2

Fencing and Sign Modifications FM. No. 412994-4-52-18

4.0 DETAILS OF COSTS AND FEES:

The following corrections are made to Table 1 from Amendment 1 to the BE885 Contract.

Corrections for Pay Item Limits - Amendment 1

Corridor Fencing and Sign Installation Modification Item No.

Item Description FM # Unit Value

2a

Reassigned Line Item from Segment 29 to Segment 30 840 LF Black Coated Vinyl

Fence

412994-4-52-18 Lump Sum N/A

Reassigned Line Item from Segment 29 to Segment 31

290 LF 6' Type B galvanized fence

412994-4-52-18 Lump Sum N/A

DocuSign Envelope ID: 9323A545-4666-42A9-BAEF-31F0CD6452C7DocuSign Envelope ID: B089B491-AB88-401B-9409-F06ECAEEF291

B-3

Fencing and Sign Modifications FM. No. 412994-4-52-18

The Vendor shall be compensated up to the Lump Sum Amount shown in Table 2, Pay

Item Limits below for Amendment 2:

Pay Item Limits - Amendment 2

Corridor Fencing and Sign Installation Modification Item No.

Item Description FM # Unit Value

4a Added Segment

476 lf fence

412994-4-52-18 Lump Sum $9,415.28

4b

Added Segment

Four (4) No Trespass Signs

412994-4-52-18 Lump Sum $800.00

4c

Added Segment

One Tree removal

412994-4-52-18 Lump Sum $1,500.00

4d

Added Segment

Three (3) Tree trimming

412994-4-52-18 Lump Sum $2,775.00

4e

Added Segment

Fence Post removal

412994-4-52-18 Lump Sum $300.00

4f

Added Segment

Wire Fencing Removal

412994-4-52-18 Lump Sum $750.00

Added to Original

Agreement BE885 Funding

$15,540.28

New Total Contract Value

BE885

$488,346.12

5.0 INVOICING AND PROGRESS PAYMENTS PROCEDURE

The Contractor shall provide invoicing as specified in the Original Agreement.

6.0 PROJECT CLOSEOUT

If requested, the Vendor will permit the Department to perform, or have performed, an audit of the records of the Vendor and any or all subvendors to support the compensation paid the Vendor for the work authorized under this amendment. The audit will be performed as soon as practical after completion and acceptance of the contracted services. In the event funds paid to the Vendor under this amendment are subsequently properly disallowed by the Department because of accounting errors or changes not in conformity with this Amendment, the Vendor agrees that such disallowed amounts are due to the Department

DocuSign Envelope ID: 9323A545-4666-42A9-BAEF-31F0CD6452C7DocuSign Envelope ID: B089B491-AB88-401B-9409-F06ECAEEF291

B-4

Fencing and Sign Modifications FM. No. 412994-4-52-18 on demand. Further, the Department will have the right to deduct from any payment due the Vendor under any other contract any amount due the Department.

7.0 TANGIBLE PERSONAL PROPERTY:

This contract does not include the purchase of Tangible Personal Property as defined in Chapter 273, F.S., and is acquired in accordance with Rule 60A-1.017, Florida Administrative Code.

DocuSign Envelope ID: 9323A545-4666-42A9-BAEF-31F0CD6452C7DocuSign Envelope ID: B089B491-AB88-401B-9409-F06ECAEEF291

SunRail IOS Fencing Summary

Sheet Mileposts

(approximate) Segment Change Description

Plan Length

(Original

Contract)

Plan Length

Change

Plan Length

New Total

Updated Plan sheet Field Notes

1 767.03 1

(Seg 1) Skew fence to avoid large tree, follow vehicle path

540 NC 540 Y

(Seg 1)

Amendment 1

2 772.96 2 (Seg 2) Add a 2' offset to avoid signal bridge.

675 2 677 Y (Seg 2) Flagged and painted. 10' from sidewalk.

Amendment 1

3 776.02 3 (Seg 3) Install 236' at South end near CR427, shift the remaining fencing to the North to avoid heavy vegetation (358').

Add 5' gate at the signal house

778 NC 778 Y

(Seg 3)

Amendment 1

4, 5 776.30 4 (Seg 4) Remove 457' of fence at Thrush Ave and 200' at the South end due to heavy vegetation and limited ROW.

3100 -657 2443 Y (Seg 4) Flagged and painted. 10' from the outside of nearest rail (Tie plate).

Amendment 1

6 777.38 5, 6

(Seg 5) Remove 572' of fence at North end due to heavy vegetation. Add 685' of new fence on West side (10' offset from outside nearest rail).

(Seg 6) 1040 113 1153 Y

(Seg 5) Flagged and Painted. 10' from the outside of nearest rail (Tie plate) on East and West side (10' offset from outside nearest rail).

(Seg 6) Flagged and painted. 10' from the outside of the nearest rail (Tie plate).

Amendment 1

6 777.52 8

(Seg 8) Remove 50' on South end due to conflict/ access to signal house.

380 -50 330 Y

(Seg 8) Flagged and painted. 10' from the outside of the nearest rail (Tie plate). 50' on South end removed due to conflict/ access to signal house.

Amendment 1

7 777.91 9, 10

(Seg 9)

(Seg 10) Move 210' to 10' from nearest rail due to future lease for parking area. 32' added to South end. 895 105 1000 Y

(Seg 9) Flagged and painted.

(Seg 10) Flagged and painted.

Amendment 1

8 779.39 11 (Seg 11) 2092 NC 2092 N (Seg 11) Flagged and painted. 12' from the outside of nearest rail (Tie plate).

9 780.14 12 (Seg 12)

700 NC 700 N

(Seg 12) Flagged and painted. 10' from the outside of the nearest rail (Tie plate)

10 781.24 13 (Seg 13) 1411 NC 1411 N (Seg 13) Flagged and painted. 10' from the outside of the nearest rail (Tie plate)

11 782.00 14, 15

(Seg 14)

(Seg 15) Drop due to limited access to site (550') 785 -550 235 Y

(Seg 14) Flagged and painted. 10' from the outside of the nearest rail (Tie plate)

(Seg 15) Dropped due to limited access to site

Amendment 1

12 782.84 16 (Seg 16)

711 NC 711 N

(Seg 16) Flagged and painted. 10' on North end and 12' on South end from the outside of the nearest rail

(Tie plate).

13 782.84 17 (Seg 17)

780 NC 780 N

(Seg 17) Flagged and painted. 10' from the outside of the nearest rail (Tie plate).

14 784.80 18, 19 (Seg 18)

(Seg 19)

3423 NC 3423 N

(Seg 18) Flagged and painted. 10' from the outside of the nearest rail (Tie plate)

(Seg 19) Flagged and painted. 10' from the outside of the nearest rail (Tie plate)

15 786.06 20 (Seg 20) 455 NC 455 N (Seg 20) Flagged and painted. 10' from the outside of the nearest rail (Tie plate)

16 786.30 21 (Seg 21) 328 NC 328 N (Seg 21) Flagged and painted. 10' from the outside of the nearest rail (Tie plate)

16 786.42 22 (Seg 22) 625 NC 625 N (Seg 22) Flagged and painted. 10' from the outside of the nearest rail (Tie plate)

16, 17 786.56 23 (Seg 23) 1715 NC 1715 N (Seg 23) Flagged and painted. 10' from the outside of the nearest rail (Tie plate).

18 788.50 24 (Seg 24) Need BTMC to remove old rail. 818 NC 818 N (Seg 24) Flagged and painted. 12' from the outside of the nearest rail (Tie plate).

19 792.03 25 (Seg 25)

755 NC 755 N

(Seg 25) Flagged and painted. 13' from the outside of the nearest rail (Tie plate)

20 794.11 26, 27

(Seg 26) Need BTMC to remove old rail.

(Seg 27) 761 NC 761 N

(Seg 26) Flagged and painted. 12' from the outside of the nearest rail (Tie plate). Need BTMC to remove old rail.

(Seg 27) Flagged and painted. 12' from the outside of the nearest rail (Tie plate).

21 794.53 28 (Seg 28) 260 NC 260 N (Seg 28) Flagged and painted. Located on the backside of ditch.

22 788.25 29 (Seg 29) New segment proposed to replace changes made to original locations. (North of Virginia Ave grade crossing)

1065 1065 Amendment 1

Net change to contract total is +28 LF

23 30 (Seg 30) New segment proposed in Winter Park South of the Penn/ Webster crossing.

Additional JPA funding to be used.

new 290

Amendment 1

24 31 (Seg 31) New segment proposed in Longwood to close gap near Candyland Park. new 840 Amendment 1

25 32 (Seg 32) New segment proposed in Winter Park (Central Bank) new 476 Amendment 2

(Seg 29) Hold due to the Yard at Ivanhoe development installed 6' fence along CFRC ROW N/A Amendment 2

Totals 23027 28 24661

50 feet ≈ 0.01 mile 1634

Exhibit F-2, Summary of Changes to Fencing Locations DocuSign Envelope ID: 9323A545-4666-42A9-BAEF-31F0CD6452C7DocuSign Envelope ID: B089B491-AB88-401B-9409-F06ECAEEF291

Exhibit F-6, Segment 32, Pennsylvania-Holt., NEW

DocuSign Envelope ID: 9323A545-4666-42A9-BAEF-31F0CD6452C7DocuSign Envelope ID: B089B491-AB88-401B-9409-F06ECAEEF291