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R25-292 RESOLUTION NO. R25-292 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A SUPPLEMENTAL AMENDMENT NO. 4 1 TO THE UTILITY WORK AGREEMENT BETWEEN THE CITY AND THE 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE I- 6 95 INTERCHANGE AND BOYNTON BEACH BOULEVARD 7 IMPROVEMENTS PROJECT; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the City and the Florida Department of Transportation ("FDOT") entered into 10 a Utility Work Agreement ("UWA") for the construction, restructuring, or change of public road 11 and other improvements located on a public road or publicly owned rail corridor identified as SR- 12 804/E. Ocean Avenue from SR-9/I-95 at SR-804/Boynton Beach Blvd. Interchange, which required 13 the relocation of existing water and wastewater infrastructure, approved by Resolution No. R24- 14 284 on November 19, 2024; and 15 WHEREAS, the original UWA identified the amount FDOT would reimburse the City for 16 the relocation of the water and wastewater infrastructure to be $1,158,033.79, but upon the City's 17 retention of an engineering firm to perform the detailed design, permitting, bidding, and limited 18 services during construction for the utility relocations, a new, total reimbursement amount of 19 $4,391,260.00 is provided in a revised Utility Work Estimate ("UWE"); and 20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 21 best interests of the City's citizens and residents to approve the net increase of $3,233,226.21 to 22 the UWE, for a new total of$4,391,260.00, and approve Supplemental Amendment No. 1 between 23 the City and the Florida Department of Transportation to the Utility Work Agreement for the 24 construction, restructuring, or change of public road and other improvements located on a public 25 road or publicly owned rail corridor identified as SR-804/E. Ocean Avenue from SR-9/I-95 at SR- 26 804/Boynton Beach Blvd. Interchange requiring the relocation of existing water and wastewater 27 infrastructure for additional funding. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 30 BEACH, FLORIDA, THAT: 31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption. RESOLUTION NO. R25-292 33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 34 approve the Supplemental Amendment No. 1 in the amount of $3,233,226.21 to the Utility Work 35 Agreement with the Florida Department of Transportation for Construction of a mid-block 36 crossing during the Department's resurfacing work along SR-804/E. Ocean Avenue from SR-5/US- 37 1 to SR-A1A/N. Ocean Boulevard requiring the relocation of existing water and wastewater 38 infrastructure for additional funding in the amount of $136,825 (the "Amendment"), in form and 39 substance similar to that attached as Exhibit A. 40 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 41 authorizes the Mayor to execute the Supplemental Amendment No. 1. The Mayor is further 42 authorized to execute any ancillary documents as may be necessary to accomplish the purpose of 43 this Resolution. 44 SECTION 4. The Mayor-executed Amendment shall be forwarded to Milot Emile to 45 obtain execution of the Supplemental Amendment No. 1 by FDOT. Milot Emile shall ensure that 46 one fully executed Supplemental Amendment No. 1 is returned to the City, which will be provided 47 to the Office of the City Attorney for forwarding to the City Clerk for retention as a public record. 48 SECTION 5. This Resolution shall take effect in accordance with the law. 49 [SIGNATURES ON THE FOLLOWING PAGE] 50 RESOLUTION NO. R25-292 51 PASSED AND ADOPTED this 44-1 day of lV/a 2025. 52 CITY OF BOYNTON BEACH, FLORIDA 53 YES NO 54 Mayor- Rebecca Shelton e> _ 55 56 Vice Mayor-Woodrow L. Hay ✓ 57 58 Commissioner-Angela Cruz IN-totent 59 60 Commissioner-Thomas Turkin 61 62 Commissioner-Aimee Kelley 63 64 VOTE 3-0 65 ATT' 66 'r Ill . 4�°3��:,'e!�E%�z%(%` 67 .J�_a � .4 68 Maylee be •us, MPA, C__ Rebecca Shelton 69 CityCle k - 0YN T 0``. Mayor ;off 6 •• 0�, � •••FiPO•'• 1 70 i�. ;p0 R.ie6><1 71 i U SEAL i9�' APPROVED AS TO FORM: 72 (Corporate Seal) $1 :INCORPORATED: , 73 •••1 :• 1920 .: - lli70OM i 74 •• 75 1,`%•% LORIDP- Shawna G. Lamb 76 City Attorney Financial Project ID: 435804-1-56-03 Federal Project ID:D418-023-B County: Palm Beach State Road No.: 9/1-95 District Document No.: AT174 Utility Agency/Owner(UAO): City of Boynton Beach SUPPLEMENTAL AMENDMENT NUMBER ONE TO Utility Work Agreement (UWA) THIS AMENDMENT to the Utility Work Agreement("UWA")is made and entered into on this(`ut day of pAW 207" by and among the City of Boynton Beach ("UAO" located in Palm Beach County, Florida,and the Florida Department of Transportation ("FDOT"or"Department"), (collectively"Parties"). WHEREAS,the parties entered into Utility Work Agreement ("UWA")on or about December 5, 2024, (hereinafter"Agreement") wherein the FDOT agreed to pay the UAO,to have the UAO contractor perform certain Utility Relocation work for the relocation of UAO's facilities; and, WHEREAS,the parties wish to modify the Agreement to revise the utility Work estimate due to the increase to the changes to the relocation work. NOW THEREFORE, in consideration of the premises and the mutual covenants contained herein the FDOT and the UAO agree as follows: 1. See attached herewith and made a part hereto is the revised Utility Work Estimate that replaces the Utility Work Estimate on the Original Agreement. 2. The cost of the utility work stated in Paragraph 2.a;of the Original Agreement is to be updated as follows: Original Agreement Amount: $ 1,158,003.79 This Change(Supplemental Amendment No. One): $ 3,233,226.21 Total Agreement Amount: $ 4,391,260.00 Except as modified by this Amendment, all terms and conditions of the AGREEMENT shall remain in full force and effect. Page 1 of 2 Utility Work Agreement (FDOT Participating in Expense) Supplemental Amendment Number One UTILITY: City of Boynton Beach By: ii ��Lti G� WIT • •SSES: i,;6OYNT(4♦ Witnes• Suture i 0�•. PORI,•.•��11 1 �ee �s :• SEAL •;_ ; Print N m . INCORPORATED 5 1920 . ; 1 Legal Revie 11 nn,,,�,,,, ‘`\♦♦`LOR\OS\ By: ��U &,/6 City of Boynton Beach Attorney FLORIDA DEPARTMENT OF TRANSPORTATION John P. Krane, P.E., Director of Transportation Development Recommended Approval by District Utility Office By: (signature) FDOT Legal Review By: (signature) Page 2 of 2 Attachment No. 3 Rub 14-46.001 F A C FLORIDA DEPARTMENT OF TRANSPORTATION December 14,2016 Pope tpf 1 UTILITY WORK ESTIMATE FDOT PROJECT INFORMATION Financial Project ID: 435804-1-56-04 Federal Project ID: D418-023-B State Road Number: 804 County:Palm Beach FDOT Plans Dated: 07/19/2024 District Document No.: UTILITY AGENCY/OWNER(UAO) Utility Company: City of Boynton Beach Job No.or Work Order No.: UAO Project Rep:Keith Weber Phone:561-742-6454 E-mail:WebberK@bbfl.us UAO Field Rep: Brandon Eckenwiler Phone: E-mail:EckenwilerB@bbfl.us SECTION A:ITEMIZED COST ESTIMATE Item Cost($) Overhead(%) Item Cost+Overhead($) Item cM.e/ •x•or'.- Le.10%or.10) Preliminary Engineering $542,420.00 0% $542,420.00 Right of Way Acquisition $0.00 0% $0.00 Construction Engineering $348,840.00 0% $348,840.00 Construction Labor 0 Materials and Supplies 0 Transportation&Equipment 0 Contract Construction $3,500,000.00 0% $3,500,000.00 Miscellaneous Expenses 0 Total Cost Estimate=> $4,391,260.00 SECTION B:DEDUCTIONS SECTION C:REIMBURSEMENT Item Item Value($) Total Cost Estimate from $4,391,260.00 SECTION A=> Salvage Value Total Deductions from 0 SECTION B=> Betterment Extended Service Total Reimbursement*_> $4,391,260.00 Life Total Deductions=> 0 'Update the estimated Total Reimbursement for changes in excess of 10% UTILITY SIGNATURE UAO Rep.KGIt1. DDateigitally.2025signed.�o.ibysio:Keooith:4WeEbber-0aoo 10/15/025 Keith i WEbber Date / Name Keith Webber,PE Title Assistant Director,Engineering MEMO 0. 70N e� Office of the City Clerk To: Milot Emile From: Tammy Stanzione, CMC Date: November 20, 2025 RE: R25-292 Supplemental Amendment NO to Utility Work Agreement with FDOT 1-95 and Boynton Beach Blvd Attached is a copy of Resolution No. R25-292 that was approved at the Cfty Commission Meeting of November 18, 2025. PER RESOLUTION SECTION 4. The Mayor-executed Amendment shall be forwarded to Milot Emile to obtain execution of the Supplemental Amendment No. 1 by FDOT. Milot Emile shall ensure that one fully executed Supplemental Amendment No. 1 is returned to the City, which will be provided to the Office of the City Attorney for forwarding to the City Clerk for retention as a public record. If you have any questions or concerns, please do not hesitate to contact me at extension 6062. Thank you for your assistance. FDd Florida Department of Transportation RON DESANTIS 3400 West Commercial Boulevard JARED W.PERDUE,P.E. GOVERNOR Fort Lauderdale,FL 33309 SECRETARY January 22,2026 Milot Emile City of Boynton Beach Utilities 124 E.Woolbright Road,Boynton Beach,FL 33435 Re: Notice to Proceed—Reimbursable Adjustment of Utilities—Florida Statue 337.403 County: Palm Beach State Road: 9 Federal Project: D424 041 B Financial No: 435804-1-56-03 Agreement No: ATI 74 Description: SR-911-95 SR@84/Boynton Beach Interchange (City of Bonton Beach---facilities relocation and or adjustments) Dear Mr.Emile, The Department has approved the enclosed Supplemental Amendment(SA)No.: One in the amount of $3,233,226.21, under the Utility Work Agreement (FDOT Participating in Expense). The total cost authorized to date for the above agreement is$4,391,260.00 as outlined below. This is for adjustments and/or relocation to your facilities on the SR-9/1- 95 @ SR84/Boynton Beach Boulevard Interchange project. This project utilizes federal funds, and "Appendix A of Assurances"provisions apply. Original Agreement Amount: $ 1,158,003.79 This Change(Supplemental Amendment No.One): $ 3,233,226.21 Total Agreement Amount: $ 4,391,260.00 You may consider this your authorization to proceed with the work under the direction of our District Construction Engineer/Maintenance Engineer. Please note the contract end date is June 23,2025. Sincerely, 9.t.., L.Juliet Ashbourne Utility Project Manager cc: Financial Services I FDOT Project Manager I File Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov Docusign Envelope ID:351 E39D9-5D74-4AAC-8615-08C3OE9CAAC7 Financial Project ID: 435804-1-56-03 Federal Project ID:D418-023-B County: Palm Beach State Road No.:9/1-95 District Document No.: AT174 Utility Agency/Owner(UAO): City of Boynton Beach SUPPLEMENTAL AMENDMENT NUMBER ONE TO Utility Work Agreement (UWA) THIS AMENDMENT to the Utility Work Agreement("UWA") is made and entered into on this 22 day of January,20 26 by and among the City of Boynton Beach("UAO"located in Palm Beach County, Florida,and the Florida Department of Transportation("FDOT"or"Department"), (collectively"Parties"). WHEREAS,the parties entered into Utility Work Agreement ("UWA")on or about December 5,2024, (hereinafter"Agreement")wherein the FDOT agreed to pay the UAO,to have the UAO contractor perform certain Utility Relocation work for the relocation of UAO's facilities; and, WHEREAS,the parties wish to modify the Agreement to revise the utility Work estimate due to the increase to the changes to the relocation work. NOW THEREFORE, in consideration of the premises and the mutual covenants contained herein the FDOT and the UAO agree as follows: 1. See attached herewith and made a part hereto is the revised Utility Work Estimate that replaces the Utility Work Estimate on the Original Agreement. 2. The cost of the utility work stated in Paragraph 2.a;of the Original Agreement is to be updated as follows: Original Agreement Amount: $ 1,158,003.79 This Change(Supplemental Amendment No. One): $ 3,233,226.21 Total Agreement Amount: $ 4,391,260.00 Except as modified by this Amendment,all terms and conditions of the AGREEMENT shall remain in full force and effect. Page 1 of 2 Docusign Envelope ID:351 E39D9-5D74-4AAC-8615-08C30E9CAAC7 Utility Work Agreement (FDOT Participating in Expense)Supplemental Amendment Number One UTILITY: City of Boynton Beach 2By: -��l L- ter, ..--- WITNESSES:WITNESSES: �oY N ToN t Witnes Si lure ; p:G�RPORgp�..c lI SEAL•;=t, 1 1ee��s�s � Print N m i t. INCORPORATED; 1920: Legal Revie <.F.L.O.R..1.6. --"A By: aal gb �.. City of Boynton Beach Attorney FLORIDA DEPARTMENT OF TRANSPORTATION o«soII ��h. .366,C�"ANA, .wcroraneus John P.Krane,P.E., Director of Transportation Development Recommended Approval by District Utility Office By: (signature) FDOT Legal Review DaW gra y. By: (signature) L"e'',,';°L; 08 M"1140.11 . Page 2 of 2 Docusign Envelope ID:351 E39D9-5D74-4AAC-8615-08C30E9CAAC7 Attachment No.3 Rut.1146.001 FA.C. FLORIDA DEPARTMENT OF TRANSPORTATION DaamDw 14.2016 Pep '0r' UTILITY WORK ESTIMATE FOOT PROJECT INFORMATION Financial Project ID: 435804-1-56-04 Federal Project ID: D418-023-B State Road Number. 804 County:Palm Beach FOOT Plans Dated: 07/19/2024 District Document No.: UTILITY AGENCY/OWNER(UAO) Utility Company: City of Boynton Beach Job No.or Work Order No.: UAO Project Rep:Keith Weber Phone:561-742-6454 E-mall:webberKabbn.us UAO Field Rep: Brandon Eckenwiler Phone: E-mail:EckenwlIerBebbfl.us SECTION A:ITEMIZED COST ESTIMATE Item Cost($) Overhead(%) Item Cost+Overhead($) Item L..10%er.10) Preliminary Engineering $542,420.00 0% $542,420.00 Right of Way Acquisition $0.00 0% $0.00 Construction Engineering $348,840.00 0% $348,840.00 Construction Labor 0 Materials and Supplies 0 Transportation&Equipment 0 Contract Construction $3,500,000.00 0% $3,500,000.00 Miscellaneous Expenses 0 Total Cost Estimate a> $4,391,260.00 SECTION B:DEDUCTIONS SECTION C:REIMBURSEMENT Item Item Value($) Total Cost Estimate from SECTION A=> $4,391,260.00 Salvage Value Total Deductions from 0 SECTION B=> Betterment Extended Service Total Reimbursement*=> $4,391,260.00 Life Total Deductions=> 0 'Update the estimated Total Reimbursement for changes in excess of 10% UTILITY SIGNATURE Keith WEbber D19'0a'ysignedbyKe1thWEbber 10/15/ 025 UAO Rep. Dare:zozs.10.1510:00:ae oa oo Date / Name Keith Webber,PE Title Assistant Director.Engineering Docusign Envelope ID:351 E39D9-5D74-4AAC-8615-08C30E9CAAC7 RESOLUTION NO. R25-292 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A SUPPLEMENTAL AMENDMENT NO. 4 1 TO THE UTILITY WORK AGREEMENT BETWEEN THE CITY AND THE 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE I- 6 95 INTERCHANGE AND BOYNTON BEACH BOULEVARD 7 IMPROVEMENTS PROJECT; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the City and the Florida Department of Transportation ("FDOT") entered into to a Utility Work Agreement ("UWA") for the construction, restructuring, or change of public road 11 and other improvements located on a public road or publicly owned rail corridor identified as SR- 12 804/E. Ocean Avenue from SR-9/1-95 at SR-804/Boynton Beach Blvd.Interchange, which required 13 the relocation of existing water and wastewater infrastructure, approved by Resolution No. R24- 14 284 on November 19, 2024; and 15 WHEREAS, the original UWA identified the amount FDOT would reimburse the City for 16 the relocation of the water and wastewater infrastructure to be $1,158,033.79, but upon the City's 17 retention of an engineering firm to perform the detailed design, permitting, bidding, and limited 18 services during construction for the utility relocations, a new, total reimbursement amount of 19 $4,391,260.00 is provided in a revised Utility Work Estimate ("UWE"); and 20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 21 best interests of the City's citizens and residents to approve the net increase of $3,233,226.21 to 22 the UWE,for a new total of$4,391,260.00,and approve Supplemental Amendment No. 1 between 23 the City and the Florida Department of Transportation to the Utility Work Agreement for the 24 construction, restructuring, or change of public road and other improvements located on a public 25 road or publicly owned rail corridor identified as SR-804/E. Ocean Avenue from SR-9/I-95 at SR- 26 804/Boynton Beach Blvd. Interchange requiring the relocation of existing water and wastewater 27 infrastructure for additional funding. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 30 BEACH, FLORIDA, THAT: 31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption. Docusign Envelope ID:351 E39D9-5D74-4AAC-8615-08C30E9CAAC7 RESOLUTION NO. R25-292 51 PASSED AND ADOPTED this day of N11Lk 2025. 52 CITY OF BOYNTON BEACH, FLORIDA 53 YES NO 54 Mayor- Rebecca Shelton ems}_ 55 56 Vice Mayor-Woodrow L. Hay 57 58 Commissioner-Angela Cruz `-APnfi 59 60 Commissioner-Thomas Turkin 61 - 62 Commissioner-Aimee Kelley ✓ 63 64 VOTE 3-0 65 ATTEST: a)..,0-0-- .0,--ex)--A ��,��� / 66 G�!/..e00-- . i��y je 68 Maylee t?e leSUs, MPA, C Rebecca Shelton 69 CityClerk gOY N T( Mayor 70 �C '• RPR'•�� _)., qTF..6a 71 f �=�' SEAL • APPROVED AS TO FORM: • ��72 (Corporate Seal) 1* • Ael/Ai �� 74 •� ,,.1920 '�, 75 ,` • FLOR1OV" Shawna G. Lamb 76 City Attorney Docusign Envelope ID:351 E39D9-5D74-4AAC-8615-08C30E9CAAC7 To:Juliet.Ashbourne@dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL AT174 12/5/2025 CONTRACT INFORMATION Contract: AT174 Contract Type: AE-UTILITIES RELOCATION(UTIL RELOC) Method of Procurement: R-RAILROAD/UTILITIES AGREEMENT Vendor Name: CITY OF BOYNTON BEACH Vendor ID: F596000282001 Beginning Date of This Agreement: 12/05/2024 Ending Date of This Agreement: 12/03/2025 Contract Total/Budgetary Ceiling: ct=$4,391,260.00 Description: SR-9/I-95-Utility Work Agreement with the City of BoyntonBeach for adjustment, relocation to their facilities. FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR JASON ADANK,CPA,COMPTROLLER ON 12/5/2025 Action: Supplemental Reviewed or Approved: APPROVED Organization Code: 55043020446 Expansion Option: A4 Object Code: 134000 Amount: $3,233,226.21 Financial Project: 43580415603 Work Activity(FCT): 216 CFDA: Fiscal Year: 2026 Budget Entity 55150200 Category/Category Year: 088716/26 Amendment ID: S001 Sequence: 00 User Assigned ID: 01 Enc Line(6s)/Status: 0002/04 Total Amount: $3,233,226.21 Pagel of 1