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:
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Witnes• Suture i 0�•. PORI,•.•��11
1
�ee �s :• SEAL •;_ ;
Print N m . INCORPORATED 5
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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.