R25-171 1 RESOLUTION NO. R25-171
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, RATIFYING PURCHASE ORDER NO. 251524 IN THE
5 AMOUNT OF $136,825,AND APPROVING AN AMENDMENT BETWEEN
6 THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO
7 THE LOCALLY FUNDED AGREEMENT FOR CONSTRUCTION OF A MID-
8 BLOCK CROSSING DURING THE DEPARTMENT'S RESURFACING WORK
9 ALONG SR-804/E. OCEAN AVENUE FROM SR-5/US-1 TO SR-A1A/N.
10 OCEAN BOULEVARD FOR ADDITIONAL FUNDING; AND FOR ALL
11 OTHER PURPOSES.
12
13 WHEREAS, the City and the Florida Department of Transportation ("FDOT") entered into
14 the Locally Funded Agreement for Construction of a mid-block crossing during the Department's
15 resurfacing work along SR-804/E. Ocean Avenue from SR-5/US-1 to SR-A1A/N. Ocean Boulevard
16 on January 8, 2024, approved by Resolution No. R23-167 on December 5, 2023; and
17 WHEREAS, FDOT opened the bidding for the project on October 30th, 2024, and the
18 lowest bid for the project came in at$1,310,626.09.The City's portion of the cost for the Pedestrian
19 Crosswalk is $196,379. The City initially paid $59,544, with a remaining balance of $136,825. The
20 City was notified of the amount owed on June 5, 2025. Per the Locally Funded Agreement, the
21 City had 14 days to pay the amount owed of$136,825 into the established Escrow account (3PEA),
22 via wire transfer. To avoid project delays and the possible termination of the crosswalk from the
23 project scope, the City paid the owed amount with approval through the City Manager's Office.
24 Since the amount exceeds the City Manager's approval level and the purchase order threshold
25 listed on Purchase Order No. 240990, a new Purchase Order was created, Purchase Order No.
26 251524; and
27 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
28 best interests of the City's citizens and residents to ratify Purchase Order No. 251524 in the
29 amount of $136,825, and approve an Amendment between the City and the Florida Department
30 of Transportation to the Locally Funded Agreement for Construction of a mid-block crossing
31 during the Department's resurfacing work along SR-804/E. Ocean Avenue from SR-5/US-1 to SR-
32 A1A/N. Ocean Boulevard for additional funding.
33
34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
35 BEACH, FLORIDA, THAT:
36 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
37 being true and correct and are hereby made a specific part of this Resolution upon adoption.
38 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
39 ratify Purchase Order No. 251524 in the amount of $136,825 to the Florida Department of
40 Transportation.
41 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
42 approve an Amendment between the City and the Florida Department of Transportation to the
43 Locally Funded Agreement for Construction of a mid-block crossing during the Department's
44 resurfacing work along SR-804/E. Ocean Avenue from SR-5/US-1 to SR-A1A/N. Ocean Boulevard
45 for additional funding in the amount of $136,825 (the "Amendment"), in form and substance
46 similar to that attached as Exhibit A.
47 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
48 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any
49 ancillary documents as may be necessary to accomplish the purpose of this Resolution.
50 SECTION 5. The Mayor-executed Amendment shall be forwarded to Moisey
51 Abdurakhmanov to obtain execution of the Amendment by FDOT. Moisey Abdurakhmanov shall
52 ensure that one fully executed Amendment is returned to the City, which will be provided to the
53 Office of the City Attorney for forwarding to the City Clerk for retention as a public record.
54 SECTION 6. This Resolution shall take effect in accordance with the law.
55
56
57
58
59 [SIGNATURES ON THE FOLLOWING PAGE]
60
/044
61 PASSED AND ADOPTED this / J day of r_)1Alli 2025.
J
62 CITY OF BOYNTON BEACH, FLORIDA
63 YEISz— NO
64 Mayor— Rebecca Shelton
65 t./-
66 Vice Mayor—Woodrow L. Hay
67
68 Commissioner—Angela Cruz
69
70 Commissioner—Thomas Turkin
71 v
72 Commissioner—Aimee Kelley
73 ` !1
74 VOTE J
75 AT T:
76
77 (),Alf, ik . /
78 MayletD esus, MPA MC Rebecca Shelton
79 City CI r �` Mayor
BOY
818i�\yO�G0RP�qjO?, APPROVED AS TO FORM:
82 (Corporate Sea ' F SE '��'
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83 i N�DRPO 2 i, din
84 �#' 1920 T ED' r
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85 41 .%
F�•••••••••••• Shawna G. Lamb
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86 `� /..�-`s City Attorney
FM No:447669-1-52-02
Vendor No: VF-596-000-282
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
CITY OF BOYNTON BEACH
LOCALLY FUNDED AGREEMENT
AMENDMENT NUMBER ONE JU...THIS Amendment made and entered into this /� day of
6/
20 a ,by and between the State of Florida Department of Transportation,an agencf the State of Florida.
hereinafter is called the DEPARTMENT,and City of Boynton Beach located at 100 E.Ocean Avenue,Boynton
Beach,Florida 33435,hereinafter called the PARTICIPANT.
WITNESSETH
WHEREAS, on January 8, 2024, the parties entered into a Locally Funded Agreement, hereinafter
referred to as "the Agreement", wherein the PARTICIPANT agreed to provide the DEPARTMENT financial
assistance for the construction work in connection with Financial Management (FM)No. 447669-1-52-02. The
construction work shall consist of resurfacing services along SR-804/E Ocean Avenue from SR 5/US 1 to SR
Al A/N Ocean Blvd. in Palm Beach County,Florida,hereinafter referred to as"the Project";and
WHEREAS,the parties desire to amend the Agreement to allow the PARTICIPANT to provide
additional funding for construction work for the Project;and
WHEREAS,the parties hereto agree that this Amendment is in their mutual best interest.
NOW,THEREFORE,in consideration of the mutual covenants,promises and representations herein,
the parties agree to amend the Agreement as follows:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. This Amendment aligns the total cost of the Department's milling and resurfacing work with the
Project to match the accepted bid amount. The PARTICIPANTS'S share of the Project accepted
bid amount is more than the PARTICIPANT'S advance deposit by ONE HUNDRED THIRTY-SIX
THOUSAND EIGHT HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS ($136,825.00),
as shown in the Funding Breakdown of this Amendment,attached hereto and made a part hereof.
Paragraph 5 and 5A of the Agreement is hereby amended as follows:
The total Project cost is estimated to be ONE MILLION ONE HUNDRED ONE THOUSAND SIX
HUNDRED NINETY-NINE DOLLARS AND NO CENTS($1,101,699.00).The PARTICIPANT'S
share for the Project's construction is ONE HUNDRED NINETY-SIX THOUSAND THREE
HUNDRED SEVENTYY-NINE DOLLARS AND NO CENTS ($196,379.00), which sum shall be
paid to the DEPARTMENT.In the event that the actual cost of the Project's design services is less than
the funds provided,the difference will be refunded to the PARTICIPANT.In the event the actual cost
of the Project's design services,without modifications,
results in a sum greater than that paid by the PARTICIPANT, then such sum shall be the sole
responsibility of the PARTICIPANT and shall be paid to the DEPARTMENT.
3. On June 3,2024,the DEPARTMENT received the PARTICIPANT'S initial funding for the
Project's construction work in the amount of FIFTY-NINE THOUSAND FIVE HUNDRED FIFTY-
FOUR DOLLARS AND NO CENTS($59,554.00),which has been applied to FM Number 447669-
1-52-02.
Pursuant to this Amendment, PARTICIPANT agrees to provide the DEPARTMENT, within thirty
(30) days of the execution of this Amendment, an additional payment in the amount of ONE
HUNDRED THIRTY-SIX THOUSAND EIGHT HUNDRED TWENTY-FIVE DOLLARS AND
NO CENTS ($136,825.00) for the completion of the Project's construction work. The payment of
ONE HUNDRED THIRTY-SIX THOUSAND EIGHT HUNDRED TWENTY-FIVE DOLLARS
AND NO CENTS($136,825.00)will be applied to FM No.447669-1-52-02.
In the event payment is not received by the DEPARTMENT within thirty(30)days of execution of
this Amendment, the DEPARTMENT reserves the right to suspend the Project's construction work
until additional funding is received by the DEPARTMENT.
The PARTICIPANTS payment shall be clearly marked to indicate that it is to be applied to FM
Project No.447669-1-52-02.
Funding breakdown
Financial Description of Original Amendment Amount
Mgmt. No. Services Amount No. 1
(FM#)
Construction $59,554.00 $136,825.00 $196,379.00
447669-1-52-02
TOTAL $59,554.00 $136,825.00 $196,379.00
Wire transfer/Payments are to be made to:
Wells Fargo Bank,N.A.
Account#4834783896
ABA# 121000248
Chief Financial Officer of Florida
Re: DOT—K 11-78,Financial Project#447669-1-52-02.
In order for the DEPARTMENT to receive credit for the funds due to the DEPARTMENT, the
reference line must contain "FDOT" and an abbreviated purpose, financial project number or LFA
account number.
Once the wire transfer is complete,please contact Morgan Harris at 850-414-4861.In addition to
calling Ms.Harris,the PARTICIPANT shall send an email notification to D4-Ifa@dot.statenus
stating the day and time the wire transfer was sent.
Paragraph 5B, 5C,5D,&5E of the Agreement shall remain in full force and effect.
4. This Amendment revises the end date of this Agreement.Provision 8 of the Agreement is deleted
in its entirety and is replace with the following provision:
Except as otherwise set forth herein,this Agreement shall continue in effect and be mutually
binding on the parties until the Project's design is completed as evidenced by the written
acceptance of the DEPARTMENT.
All provisions,covenants,terms,and conditions of the Agreement between the parties as originally set
forth therein,which are not hereby expressly amended or modified and not in conflict with the terms hereof,
are hereby ratified and confirmed and shall remain the same and be unaffected by these presents.
The remainder of this page left intentionally blank.
IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes
specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No.
s- 1 1 1 , hereto attached.
City of Boynton Beach STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: BY:
NAME: AcbaGccisl,s.lk-or, JOHN P. KRANE, P.E.
TITLE: ____ DIRECTOR OF TRANSPORTATION
ATTEST: LEGAL REVIEW:
CirtAQ0k,
BY:
FOR C CLERK / (SEAL) FRANCINE STEELMAN
OFFICE OF THE GENERAL COUNSEL
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