HomeMy WebLinkAboutRes 2023-100 Amendment to FDOT Locally Funded AgreementRESOLUTION 2023-100
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AMENDMENT NUMBER ONE TO THE LOCALLY
FUNDED AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION TO PROVIDE ADDITIONAL FUNDING TO COVER THE COST
OF CERTAIN IMPROVEMENTS RELATED TO THE REPLACEMENT OF THE U.S.
HIGHWAY ONE BRIDGE OVER THE EARMAN RIVER AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2022-24 on March 24, 2022, the Village Council
approved a Locally Funded Agreement with the Florida Department of Transportation to include and pay
for additional aesthetic features in connection with FDOT's replacement of the U.S. Highway One bridge
over the Earman River at a total cost of $128,475.00; and
WHEREAS, the cost of the improvements as bid by the contractor exceeds the estimated cost set forth in
the Agreement by $6,365.00, and FDOT has requested that the Village execute an Amendment to the
Agreement to formally acknowledge the Village's payment of the additional costs; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the interests of the
health, safety, and welfare of the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing "whereas" clauses are hereby adopted and incorporated herein.
Section 2. The Village Council hereby approves Amendment Number One to the Locally Funded
Agreement with the Florida Department of Transportation, a copy of which is attached hereto and
incorporated herein, and authorizes the Mayor and Village Clerk to execute the Amendment to acknowledge
additional funding for the project in the amount of $6,365.00, with funds expended from Account No.
I7321-66210 (Public Works/Streets & Ground — Construction & Major Renovation).
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to
extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
PASS 7 DOPTED THIS 14TH DAY OF DECEMBER, 2023.
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FM No: 442891-1-52-02
Vendor No: VF-596-017-984
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
VILLAGE OF NORTH PALM BEACH
LOCALLY FUNDED AGREEMENT
AMENDMENT NUMBER ONE
This Amendment, made and entered into this day of
20 , by and between the State of Florida Department of Transportation, an agency of the State of
Florida, hereinafter called the DEPARTMENT, and Village of North Palm Beach located at 645
Prosperity Farms Road, North Palm Beach, Florida 33408, hereinafter called the PARTICIPANT.
WITNESSETH
WHEREAS, on April 18, 2022, the parties entered into a Locally Funded Agreement,
hereinafter referred to as "the Agreement," wherein the PARTICIPANT agreed to provide the
DEPARTMENT with financial assistance in connection with Financial Management (FM) No.442891-
1-52-02 for the construction and installation of: aesthetic features (landscape planters, trash
receptacles, and anchored benches), stamped concrete pavement, decorative lighting, and a LED
internally illuminated cabinet wall system collectively referred to as "the Project." The Project will be
done as part of the DEPARTMENT'S Bridge replacement work at SR-5/US-1 Federal Highway over
the Earman River (C-17) Bridge 930003 in Palm Beach County, Florida; and
WHEREAS, the parties hereto desire to amend the Agreement to add additional
PARTICIPANT funds for the Project; and
WHEREAS, the parties hereto mutually agree that this Amendment is in their 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 increases the PARTICIPANT'S share of the Project cost due to the final
cost exceeding the available funds on deposit. Accordingly, the PARTICIPANT'S financial
share has increased by SIX THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS AND
NO CENTS ($6,365.00). Paragraph 5 and 5A of the Agreement deleted in its entirety and
are hereby amended as follows:
The total cost for the Project and the DEPARTMENT'S bridge replacement work is
TWELVE MILLION SEVEN HUNDRED SEVENTY-ONE THOUSAND NINE HUNDRED
EIGHTY-SIX DOLLARS AND NO CENTS ($12,771,986.00) The PARTICIPANT'S
contribution to the Project is ONE HUNDRED THIRTY-FOUR THOUSAND EIGHT
HUNDRED FORTY DOLLARS AND NO CENTS ($134,840.00).
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3. The parties herein acknowledge that on October 16, 2023, the PARTICIPANT furnished
the DEPARTMENT with a check in the amount of SIX THOUSAND THREE HUNDRED
SIXTY-FIVE DOLLARS AND NO CENTS ($6,365.00) for the increased Project costs.
Paragraph 5B, 5C, 5D, 5E, 5F, & 5G of the Agreement shall remain in full force and effect.
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.
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IN WITNESS WHEREOF, this Amendment is to be executed by the parties below for the
purposes specified herein. Authorization has been givengnter nto and execute this Amendment by
the Village of North Palm Beach's Resolution Number V Z. )D 0 , hereto attached.
VILLAGE OF NORTH PALM BEACH
floorAO"
BY
: BY:
NAM : ry \4 d qfn JOHN P. KRANE, P.E.
TITLE: ' tiCitr DIRECTOR OF TRANSPORTATION DEVELOPMENT
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
ATTEST:
CI G� ERK
(SEAL)
LEGAL REVIEW:
BY:
OFFICE OF THE GENERAL COUNSEL
APPROVED: APPROVED:
BY.
CITY ATTORNEY
BY:
DISTRICT PROGRAM MANAGEMENT ADMINISTRATOR
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