/2 1,!JM [ ] [] Agenda Item #: 3-C-4 PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY. Meeting Date: May 16, 2017 [X] Consent

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1 Recommended by: /2 1,!JM ~ F:\ROADW A Y\AIS\2002\ utility receive & file.doc ~epartment Director Administrator.... Date Agenda Item #: 3-C-4 PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 16, 2017 [X] Consent Department: Engineering & Public Works Submitted By: Engineering & Public Works Submitted For: Roadway Production Division [] Workshop [ ] [] Regular Public Hearing I. EXECUTIVE BRIEF Motion and Title: Staff recommends motion to receive and file: A) an interlocal agreement approved by the Deputy County Engineer on 9/1/16 with the Town of Jupiter (Town) for joint participation and project funding for construction of utility adjustments for Toney Penna Drive and Old Dixie Highway (Project); and B) an interlocal agreement approved by the Deputy County Engineer on 8/5/16 with the Loxahatchee River Environmental Control District (EN CON) for joint participation and project funding for construction of utility adjustments for the project; and C) an agreement approved by the Deputy County Engineer on 9/22/16 with AT&T Florida (AT&T) for joint participation and project funding for construction of utility adjustments for the project. SUMMARY: These agreements are being submitted to the Clerk and Comptroller of Palm Beach County in accordance with Countywide PPM CW The agreements were approved by the Deputy County Engineer as a delegated authority in accordance with Palm Beach County Administrative Code Section District 1 (LBH) Background and Justification: Palm Beach County Administrative Code Section authorizes the County Administrator or designee to execute utility agreements. On October 23, 2013 the County Administrator delegated this authority to the County Engineer, the Deputy County Engineer, and the Assistant County Engineer. Attachments: 1. Location Map 2. Agreement with Town of Jupiter with Exhibits "A" and "B" 3. Agreement with Loxahatchee River Environmental Control District Exhibits "A" and "B" 4. Agreement with AT&T Florida with Exhibits "A" and ''B''

2 A. Five Year Summary of Fiscal Impact: II. FISCAL IMPACT ANALYSIS Fiscal Years Capital Expenditures Operating Costs External Revenues Program Income (County) In-Kind Match (County) NET FISCAL IMPACT # ADDITIONAL FTE POSITIONS (Cumulative) 2017 $ $ ** _.:!!: _.:!!: _.:!!: _.:!!: _.:!!: _.:!!: Is Item Included in Current Budget? Yes No Budget Acct No.: Fund_ Dept._ Unit_ Object Program Recommended Sources of Funds/Summary of Fiscal Impact: **This receive and file item has no fiscal impact. The budget for the Town of Jupiter, AT&T, and Loxahatchee River Environmental Control utility reimbursement agreements at Toney Penna Drive and Old Dixie Highway was approved by the BCC on September 27, 2016, (BA ) and is accounted for in C. Departmental Fiscal Review: _....,,_... III. REVIEW COMMENTS A. OFMB Fiscal and/or Contract Dev. and Control Comments: B. Approved as to Form and Legal Sufficiency: C. Other Department Review: Department Director This summary is not to be used as a basis for payment. 2 F:\COMMON\WP\AGENDAP AGE2\AGNPGTWO2017\ RECEIVE.FILE.DOC

3 LOCATION MAP Attachment 1 PROJECT LOCATION Toney Penna Drive and Old Dixie Highway

4 The above recitals are true and correct and are incorporated herein. 1 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND TOWN OF JUPITER FOR JOINT PARTICIPATION AND PROJECT FUNDING FOR CONSTRUCTION AND UTILITY ADJUSTMENT OF TONEY PENNA DRIVE AND OLD DIXIE HWY. PALM BEACH COUNTY PROJECT NO THIS Interlocal Agreement, (hereinafter "Agreement''), is made as of the J si. day of ~p:te M 6 ec, 2016, by and between Palm Beach County, a political subdivision of the State of Florida, (hereinafter "COUNTY'') and the Town of Jupiter, a municipal corporation existing under the laws of Florida, (hereinafter "TOWN''), each one constituting a public agency defined in Part I of Chapter 163, Florida Statutes. WHEREAS, Section , Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969", authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, thereby providing services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into lnterlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the COUNTY intends to improve Toney Penna Dr. and Old Dixie Hwy. (hereinafter the "Project''); and WHEREAS, the COUNTY and the TOWN desire to jointly participate in the construction of utility adjustments to the TOWN'S water main and other improvements within the Project area, hereinafter referred to as the "Work"; and WHEREAS, both COUNTY and TOWN declare that it is in the public interest that the Work be constructed with the aforementioned Project; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: Section 1. Recitals.

5 2 TOWN OF JUPITER INTERLOCAL AGREEMENT Section 2. Project and Work to be Completed by the COUNTY: COUNTY shall provide construction and administrative services to the Project as more specifically described in the Bid Documents for Palm Beach County Project No Said Bid Documents include the Work as shown in Town prepared Utility Matrix, Applicable Technical Specifications, Standard Construction Details, and Approved Product List. The Project, as set forth in this Agreement, shall be performed-on Toney Penna Dr. and Old Dixie Hwy. Section 3. Responsibilities and Duties: A. TOWN shall reimburse COUNTY a total estimated cost of Twelve Thousand Two Hundred and Nine Dollars {$12,209.00), provided COUNTY performs pursuant to the terms and conditions of this Agreement for all Work in accordance with the Bid Tabulation (Exhibit "A") and summary (Exhibit "B''). Any cost exceeding this amount attributable to Town of Jupiter Utility Items shall be paid by the TOWN. B. Costs shall be based upon actual contract costs using contract unit prices and actual constructed quantities, said quantities being measured by the COUNTY with concurrence by the TOWN. C. COUNTY shall obtain written approval from the TOWN in advance of any change orders, including any costs associated with the TOWN'S failure to approve change orders in a timely manner, which increase the cost attributable to the Work to an amount greater than the contract amount as stated in Paragraph A of this Section. Approval shall not be unreasonably withheld. D. COUNTY shall secure all necessary easements and permits required to perform the Project. E. COUNTY shall publicly bid, administer, construct and inspect the Project and Work in accordance with the Bid Documents and Exhibit "A". F. COUNTY shall require the contractor to provide a Public Construction Bond in an amount equal to the contractor's bid for the Project and the Work. G. Upon completion of the Project and the Work, the TOWN shall repair and maintain the Work, at TOWN'S expense. Section 4. Payments/Invoicing and Reimbursement: The COUNTY will invoice the TOWN on a periodic basis during construction of the Project and the Work. The TOWN agrees to provide to COUNTY reimbursement funding for documented costs for the Work in the amount established in Section 3.A. Upon COUNTY'S submission of acceptable documents needed to substantiate their costs for the Work, TOWN will use its best efforts to provide said funds to COUNTY on a reimbursement basis within thirty (30) days of receipt of all required documents. COUNTY shall submit all invoices to the TOWN identifying the Work, including COUNTY'S total expenditure for the Project, and identifying the amount

6 COUNlY does not have the power or authority to bind the TOWN in any promise, Agreement or representation. 3 TOWN OF JUPITER INTERLOCAL AGREEMENT attributable to the Work under Exhibit "A". COUNlY shall supply any further documentation such as copies of paid receipts, canceled checks, invoices and other documents deemed necessary by the TOWN within seven (7) calendar days of request by the TOWN. Invoices received from COUNlY will be reviewed and approved by the TOWN to insure that expenditures have been made in conformity with this Agreement. Invoices will normally be paid within thirty (30) days following approval. In no event shall the TOWN provide advance funding to the COUNlY. The Project and the Work will be administered by the COUNlY. Only those costs incurred by the COUNlY relating to the Work are eligible for reimbursement by the TOWN pursuant to the terms and conditions hereof. In the event the COUNlY ceases or suspends the Project or the Work for any reason, the TOWN will reimburse the COUNlY for the Work completed as of the date the COUNlY uses to suspend the Work. Any remaining unpaid portion of this Agreement shall be retained by the TOWN and the TOWN shall have no further obligation to honor reimbursement requests submitted by the COUNlY. Section 5. Repayment COUNlY shall repay the TOWN for all unauthorized, illegal or unlawful expenditures of revenues, including those discovered after the expiration or termination of this Agreement. Section 6. Access and Audits: COUNlY and TOWN shall maintain books, records, and documents to justify all charges, expenses and costs incurred under this Agreement and in performing the Project, in accordance with Generally Accepted Accounting Principles (GAAP), as promulgated by the Government Finance Officers Association from time to time. The COUNlY and TOWN shall have access to all books, records, and documents as required in this Agreement, and for at least three (3) years after completion of the Project. In the event any work is subcontracted by COUNlY, COUNlY shall similarly require each Contractor and subcontractor to maintain and allow access to such records for audit purposes. Section 7. Independent Contractor: COUNlY and the TOWN are and shall be, in the performance of all work, services and activities under this Agreement Independent Contractors and not employees, agents or servants of the other party. All COUNTY employees engaged in the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to COUNTY'S sole direction, supervision, and control. All TOWN employees engaged in the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to TOWN's sole direction, supervision, and control. The Parties shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the parties relationship and the relationship of its employees to the other party shall be that of an Independent Contractor and not as employees or agents of the other.

7 Section 11. Breach and Opportunity to Cure: The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, each party shall have thirty (30) days written notice before exercising any of its rights. 4 TOWN OF JUPITER INTERLOCAL AGREEMENT Section 8. Personnel: COUNTY represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the TOWN. All of the services required hereinunder shall be performed by COUNTY or its contractor, and personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. All of COUNTY'S personnel, Contractors and all subcontractors while on COUNTY premises will conduct themselves in an acceptable manner and follow acceptable safety and security procedures. Section 9. Indemnification: The TOWN and COUNTY recognize their liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limits provided in Section , Florida Statutes. To the extent permitted by law, the TOWN and COUNTY shall indemnify, defend and hold the other harmless against any actions, claims and damages arising out of the their own negligence in connection with the Work and the Project and the use of the funds provided under this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section , Florida Statutes, nor shall the same be construed to constitute an Agreement by the TOWN or COUNTY to indemnify each other for sole negligence, or willful or intentional acts of the other. The foregoing indemnification shall survive termination of this Agreement. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the COUNTY and/or TOWN. Section 10. Annual Appropriation: All provisions of this Agreement calling for the expenditure of ad valorem tax money by either the COUNTY or the TOWN are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to the Agreement, this Agreement may be terminated. However, once the Project has been awarded to the COUNTY contractor, it shall be prosecuted to completion and this Agreement shall be binding upon the parties and neither party shall have the right to terminate the subject Agreement for the reason that the sufficient funds are not available for the construction of the Project.

8 Any waiver by either Party of its rights with respect to a default under this Agreement, or with respect to any other matters arising in connection with this agreement, shall not be deemed a waiver with respect to any subsequent default or other matter. The failure of either Party to enforce strict performance by the other Party of any of the provisions of this Agreement or to exercise any rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of such Party's right to assert or rely upon any such provisions or rights in that or any other instance. 5 TOWN OF JUPITER INTERLOCAL AGREEMENT Section 12. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties. Section 13. Notice: All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: All notice to the TOWN shall be sent to: John Gaddis, Utility Services Manager Town of Jupiter 210 Military Trail Jupiter, Fl All notice to the COUNTY shall be sent to: Omelio A. Fernandez, P.E., Director Roadway Production Division P.0. Box West Palm Beach, FL Section 14. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 15. Remedies: This Agreement shall be governed by and in accordance with the laws of the State of Florida. Any legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. Section 16. No Waiver:

9 Palm Beach County has established the Office of the Inspector General, in Palm Beach County code section , as may be amended. The Inspector General's authority indudes but is not limited to the p ower to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and audit, investigate, monitor, and inspect the activities of the contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. All contractors and parties doing business with the County and receiving County funds shall fully cooperate 6 TOWN OF JUPITER INTERLOCAL AGREEMENT Section 17. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 18. Equal Opportunity: COUNlY and TOWN agree that no person shall, on the grounds of age, race, color, sex, national origin, disability, religion, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information, be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. COUNlY will ensure that all contracts let for the Project pursuant to the terms of this Agreement will contain a similar non-discrimination and equal opportunity clause. Section 19. Execution: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 20. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. Section 21. Termination: This Agreement may be terminated by either party to this Agreement upon sixty (60) days written notice to the other party, except as otherwise addressed in this Agreement. However, once the Project has commenced, it shall be prosecuted to completion and this Agreement shall be binding upon the parties and neither party shall have the right to terminate the subject Agreement. Section 22. Compliance with Codes and Laws: COUNlY and TOWN shall abide by all applicable federal, state and local laws, orders, rules and regulations when performing under this Agreement. COUNlY and TOWN further agrees to include this provision in all subcontracts issued as a result of this Agreement. Section 23. Office of the Inspector General:

10 7 TOWN OF JUPITER INTERLOCAL AGREEMENT with the Inspector General including receiving access to records relating to Bid or any resulting contract. Section 24. Public Entity Crime Certification: As provided in F.S , as may be amended from time to time, by entering into this Agreement or performing any work in furtherance hereof, COUNTY shall have its contractors certify that their affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by F.S (3) (a). Section 25. Severability: If any section, paragraph, sentence, clause or provision of this Agreement is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Agreement. Section 26. Entirety of Agreement: COUNTY and TOWN agree that this Agreement sets forth the entire Agreement between the parties, and there are no promises or understandings other than those stated herein. Section 27. Survival: The obligations, rights, and remedies of the Parties hereunder, which by their nature survive the termination of this Agreement or the completion of the Project, shall survive such termination or Project completion and inure to the benefit of the Parties. Section 28. Term: The term of this Agreement shall be effective on the date of execution of this Agreement by both parties.

11 F:\ROADWAY\UTILITY COORDINATION\ _Toney Penna & Old Dixie\TOJ Agreement.doc 8 TOWN OF JUPITER INTERLOCAL AGREEMENT IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above. PALM BEACH COUNTY, FLORIDA, BY:-~-----~-~ ~-',-- Tanya N. McConnell, P.E., '1ii/lp Deputy County Engineer ATTEST: ATTEST: SALLY M. BOYLAN, CMC TOWN CLERK APPROVED AS TO TERMS AND CONDffiONS

12 TONEY PENNA DRIVE AND OLD DIXIE HIGHWAY PBC COUNTY PROJECT ## MOBILIZATION 2 MAINTENANCE OF TRAFFIC ( INCL PEDESTRIAN M.O.T.) 3 CLEARING AND GRUBBING 4 REGULAR EXCAVATION 5 EMBANKMENT ( COMPACTED IN PLACE ) 6 TYPE B STABILIZATION 7 OPTIONAL BASE GROUP 13 8 SUPERPAVE ASPHALT CONCRETE (TRAFFIC LEVEL C) 9 STRUCTURAL OVERBUILD (6.5" Avg.) 10 ASPHALT CONCRETE FRICTION COURSE (1") (FC-95.) (RUBBER) 11 MILL EXISTING ASPHALT PAVEMENT (1" AVG) 12 CLASS NS CONCRETE (GRAVITY WALL) 13 CONTROLSTRUCTURE 14 INLETS I CURB) ( TYPE P-5) (<10') 15 INLETS I CURB) ( TYPE P-6) (<10') 16 INLETS I DITCH BOTTOM ) ( TYPE C ) 17 INLETS, GUTTER ) ( TYPE V ) 18 INLETS, CURB} (TYPE P-2) 19 MANHOLE (TYPE P-7) 20 ADJUSTINLET 21 CONCRETE PIPE CULVERT ( 18" ) 22 CONCRETE PIPE CULVERT ( 24" ) 23 FLARED END SECTION (CONCRETE) (ROUND) (24" DIA.) 24 SIDE DRAIN MITERED END SECTION (18") 25 FRENCH DRAIN(18" DIA)(INCL BALLAST ROCK & FILTER FABRIC) 26 TRENCH DRAIN, TYPE II, 12" WIDE 27 CONCRETE CURB ( TYPED ) 28 CONCRETE CURB & GUTTER ( TYPE F } 29 ENGRAVING OF CURB FACE (SEE SP'S) 30 CONCRETE DROP CURB 31 COLOR TREATED & STAMPED CONCRETE (SEE SP) 32 CONC SIDEWALK( 4"THICK) 33 CONC SIDEWALK ( 6"THICK) (DRIVEWAYS} 34 PIPE GUIDERAIL (STEEL) 35 SODDING " PVC CONDUITS (SCH 40) TRAFFIC F/O CABLE 37 PULL BOX (SMALL) 38 2" GALVANIZED IMC ABOVE GROUND CONDUIT 39 CHANGEABLE (VARIABLE MESSAGE) SIGN (NON MOT) 40 TRAFFIC CONTROL OFFICER (NON MOT) $IGNAL.i1EM$ , " PVC (SCH 40) UNDERGROUND CONDUIT " (HOPE SOR 11) UNDER PAVEMENT CONDUIT (DIRECTIONAL BORE) " (HOPE SDR 11) UNDER PAVEMENT CONDUIT (DIRECTIONAL BORE) " (HOPE SOR 11) UNDER PAVEMENT CONDUIT (DIRECTIONAL BORE) A PEDESTRIAN SIGNAL CABLE - 4 CONDUCTOR A PEDESTRIAN SIGNAL CABLE- 7 CONDUCTOR E SIGNAL CABLE (SPAN LENGTH 551' -650') FIBER OPTIC CABLE, (FSM) 12-COUNT (UNDERGROUND) F:\ROADWA Y\PR0\2002\ \ Toney Penna Dr. ond Old Dixie Hwy. Bid Tabs.xlsx ::,:...,:. 1,107 1, , LS LS LS - CY CY SY SY TN TN TN SY CY EA EA EA EA 5 EA 4 EA 2 EA 709 LF 286 LF 3 EA 689 LF 315 LF 2,342 LF 8 EA 998 LF 259 SY 986 SY 350 SY 311 LF 2,779 SY 885 LF 3 EA 20 LF 90 ED 720 MH LF 150 LF 300 LF,, 100 LF 1 Pl 1 Pl 1 Pl 50 LF ENGINEERS ESTIMATE UNIT PRICE BID AVERAGE UNITP Ranger Construction Industries, Inc. II Community Asphalt Corp., TOTAL II UNIT PRICE TOTAL.., :,.. _,:.'....,. :.. :.., :;. _ ,... $100, $ 169, $229, $ 229, $109, $ 109, $100, $ 201, $ 190, $ 190,000.00, $ 213, $ 213, $100, $ 104, $ 40, $ 40, $ 169, $ 169, $11.07 $ $ $ 14, $ $ 25, $14.61 $ $ $ 18, $ 8.30 $ 10, $6.77 $ $ $ 6, $ 4.80 $ $51.70 $ ' $ $ 123,590.25, $ $ 141, $ $ $ $ 52, $ $ 72, $90.27 $ $ $ 255, $ $ 311, $ $ $ $ 75, $ $ 90, $25.42 $ $ $ 9, $ 7.80 $ 7, $ $ $ $ 12, $ $ 13, $7, $ 9, $ 10, $ 10, $ 9, $ 9, $5, $ 5,410~00 $ 5, $ 5, $ 5, $ 5, $5, $ 5, $ 6, $ 6, $ 5,780;00 $ 5, $2, $ 4, $ 4, $ 36, $ 4, $ 34, $4, $ 6,055.oo $ 6, $ 31, $ s,890.oo $ 29,450:oo $-12, $ 9, $ 9, $ 9, $ 8, $ 8, $4, $ 4, $ 5, $ 20, $ 4, $ 18, $1, $ 1, $ 1, $ 3, $ 1, $ 3, $88.68 $ $ $ 70, $ $ 67, $70.03 $ $ $ 34, $ $ 31, $2, $ 1, $ 1, $ 5, $ 1, $ 5, $1, $ 1, $ 1, $ 1, $ 1, $ 1, $ $ $ $ 106, $ $ 101, $ $ $ $ 71, $ $ 68, $72.02 $ $ $ 8,820.00, $ $ 7, $28.69 $ $ $ 62, $ $ 48, $ $ $ $ 4, $ $ 2, $28.69 $ 24.30, $ $ 25, $ $ 22, $60.00 $ $ $ 21, $ $ 22, $48.64 $ $ $ 41, $ $ 42, $51.91 $ $ $ 18, $ $ 20, $49.80 $ $ $ 29,234.00, $ $ 27, $8.11 $ 4.58 $ 4.95 $ 13, $ 4.20 $ 11, $34.00 $ 6.20 ' $ 6.00 $ 5,310.00, $ 6.40 $ 5, $ $ ; $ $ 2, i $ $ 1, $ $ $ $ $ $ $48,53 $ 18,35 C $ 17,80 $ 1,602,00 $ 18,90 $ 1,701,00 $62.76 $ 57.75, $ $ 40, $ $ 42, :: $5.96 $ $ 2.95 $ $ 3.10 $ $17.05 $ $ $ 2, $ $ 2, $20.00 $ '.; $ $ 8, " $ $ 9, $25.00 $ $ $ 3, $ $ 3, $5, $ ;.$ $ $ $ $5, $ ; $ $ $ $ $5, $ 5, $ 5, $ 5, $ 6, $ 6, $1.73 $ $ $ 3, $ $ 4, EXHIBIT "A" Pagel of3

13 ' t ENGINEERS Ranger Construction BID AVERAGE ' Community Asphalt Corp. TONEY PENNA DRIVE AND OLD.DIXIE HIGHWAY ESTIMATE Industries, Inc. PBC COUNTY PROJECT # ! UNIT PRICE UNIT PRICE TOTAL UNIT PRICE TOTAL A PULL BOX (17" X 30" X 12"0) 19 EA ' $ $ $ $ 17, : $ $ 9, ALUMINUM SIGNALS POLE, PEDESTRIAN WITH TRANSFORMER BASE ( 8FT ABOVE GROUND) 3 EA $1, $ $ $ 2, $ $ 2, MAST ARM ASSY D1 - S1 36' (POWDER COATED FINISH) $25, $ 20, $ 19, $ 19, $ 20, $ 20, MAST ARM ASSY D7 - S6 78' (POWDER COATED FINISH) 2 EA $47, $ 32, $ 31, $ 62, $ 33, $ 66, TRAFFIC SIGNAL HEAD ALUMINUM (3- SECTION, 1- WAY) INCULDES BACKPLATES 12 AS $1, $ $ $ 9, $ $ 11, TRAFFIC SIGNAL HEAD ALUMINUM (5- SECTION, 1- WAY) INCULDES BACKPLATES 2 AS $1, $ 1, $ 1, $ 2, $ 1, $ 3, TRAFFIC SIGNAL HEAD ASSEMBLY, REMOVAL 2 EA $SOD.OD $ $ 1, $ 3, $ $ PEDESTRIAN SIGNAL - COUNTDOWN (1- WAY) ALUMINUM 4 EA $ $ $ $ 2, $ $ 2, B7 VIDEO IMAGE DETECTION 7 - CAMERA SYSTEM (ITERIS) COMPLETE $31, $ 45, $ 44, $ 44, $ 47, $ 47, PEDESTRIAN DETECTOR (PUSH BUTTON} 4 EA $ $ $ $ $ $ INTERNALLY ILLUMINATED SIGN (6'} FLUORESCENT 3 EA $3, $ 3, $ 3, $ 9, $ 3, $ 10, LED BLANK- OUT SIGN (30" X 30"} $4, $ 4, $ 4, $ 4, $ 4, $ 4, SIGN PANEL F&I) 5 EA ;. $ $ $ $ 1, $ $ 1, :'. :~..:."'" ;,J>-~\!;,;_;,!':,"-:,.'.'-:1:.~-~:.~'; ::. -Fe:-,. a ~,-~~,_.,.,,,:<.--:- ~-.--.-::i ,~.-. :~ >, 1' 1-~-~:.-.,...:,_~;~r-;.:,... ~ ii:<-i:>~ [,',c, )':: ",c,,~,,,-; -'.t,4'': :',( ' ;,_ =?,;J~f~-~-~~- 2:f+:~ ::~% f~,-!:~ ~i~7~~$:i}q~,!1,'!"7 ::c),,:'~.,,,wfic"cte: :!$~~~~Jlij~i'.t' ; \\'/\"' ':-.'-"''.;., :.s;:::,;:{?f,,-,r,-,>, \'.,{.~ '.i..~,. : :f''i.'. ;~ ~,, :-..' c;;.,,:;,:-,., :: \2\'T ( : :://;. '..;_ :,;?,..? ~. '~?'/:3 :,.,,,-- '-'~'.~- ):\:'.--,,c/k<' ;:..,/--I~ ~;i :. :\~~~-'...:>' t.~: ~;~?t:~ ~ r. ~:~/i:/:r,:.~ ~!!i',., ; ', ' '> ;'".~? ~f.~~>!>~.? : :.::~?-~t~/. _~f LOXAHATCHEE RIVER DISTRICT 62 ADJUST UTILITY MANHOLE $ $ $ $ $ $ ADJUST WATER VALVE BOX $ $ $ $ $ $ RELOCATE EXISTING CASING VENT $1, $ 3, $ 3, $ 3, $ 3, $ 3, TOWN OF JUPITER 65 DEFLECT EXISTING 6" DIP WATER MAIN 50 LF $63.83 $ $ $ 7, $ $ 6, ADJUST WATER VALVE BOX 5 EA $ $ $ $ 1, $ $ 1, RELOCATE EXISTING WATER METER AND BOX $1, $ $ $ $ $ RELOCATE EXISTING FIRE HYDRANT $2, $ 3, $ 3, $ 3, $ 3, $ 3, r AT&T 69 ADJUST UTILITY MANHOLE $ $ $ $ $ $ C'.e--' ~--... c'~-,;..i_,.,~....,,..:,,;-,; ::: :;:,;-i;;,j -'.i,?';i,!5;:,~,;k~,,,, ""'-,.;., ~:f,;,,..,..'i-,~.t:-r:.:::<,.. f":~,;;t/2,,';;/::f/.}:;c;:;:'f:;.:1;},/;:,f;\t) i7;.,,~: ;::..,;;:.. ::. :;;., '..:-.,,.~., ;::_,j''.:s ::, ;,.. ~,,,:~,;;\'??; ;}, :':.. ~ -,~ ~?{~ ip =a > ~c;',t; i'j C,,<,:; " ;;,,._,,IJ td~~(t~~-~.~~ ~ : -~.~:.~-~-. t~~r~,,~ :::.'.'J_~'.C.'-' :,.~/,.;:,,,,,... ~,,, :..: '.."' i }, '.,,. i' t_,.~._>..,_.. \ '..,":,'.,;:,.. ;;. :- '-<""... ~, ':,,,.,_,..,-;~,?~, ~:--; -:,:\.t'~,(t....-.?h.,ji: k_. ".,,/'' /r,.:t;s:.:'.:_, '\t_?,}i, t, : /ii'',~ : ' '.. :,,I :,;,,,,, >.,:,{:'i~,t';('.., 70 CLASS I CONCRETE (MISCELLANEOUS) 10 CY $ $ $ $ 5, $ $ 4, INLETS ( CURB ) ( TYPE J-5 ) ( <1 0') $8, $ 8, $ 8, $ 8, ' $ 7, $ 7, INLETS (CURB) ( TYPE J-6) (<10') $7, $ 8, $ 9, $ 9, $ 8, $ 8, MANHOLE ( TYPE J-7 ) ( <1 0'} $8, $ 6, $ 6, $ 6, " $ 6, $ 6, STORM SEWER CLEANING (EXIST.) (24" OR LESS) (SEE SP's) 250 LF $9.04 $ $ $ 4, $ $ 3,950.00? 75 STORM SEWER CLEANING (EXIST.) (>24" TO 48"} (SEE SP's) 110 LF $15.00 $ $ $ 3,080.00, $ $ 2, FLOWABLE FILL 10 CY $ $ $ $ 5, $ $ 2, TREE SPADE UNITS (SEE SP's) 2 EA l $ $ $ $ 1, $ ':,',:,. : :...,':' -., : ' ' '',.. /...,.-, '. SJ,iiJtlifA(;l 9Nti,N~E..f!~,J~ ' '.;.. ;_\,.-;, -,"$,:, : 43;4~,i~'s.Q'.. t' ;. ~.,,., + $ 1, '. > :,:_ ~",: :-_.: '. :.,. : - ',.. _,' TQTAL~ID AMPUNT $i~ ::'3-~;~ta,:~Q~Y F:\ROADWAY\PR0\2002\ \ Toney Penna Dr. and Old Dixie Hwy. Bid Tabs,x/sx Page2of3

14 TONEY PENNA DRIVE AND OLD DIXIE HIGHWAY PBC PROJECT # THE ITEMS AND QUANTITIES SHOWN, SHALL GOVERN OVER THE PLANS. PAY ITEM FOOTNOTES IN CONSTRUCT/ON PLANS SHALL ALSO BE INCLUDED IN ITEM UNIT PRICE. 1 All costs for Maintenance of Traffic (MOT) and mobilization shall be considered incidental to, and shall be included in, unit prices for the pay items. 2 All items shall include cost to furnish and install unless otherwise noted. 3 NPDES shall be included in mobilization 4 Prime and tack coat are considered incidental to asphalt construction 5 The cost of connecting to existing structures in incidental to cost of pipe. 6 All items can be increased or decreased or deleted as directed by the Engineer. 7 All disturbed areas adjacent to the project limits shall be restored to its original conditions including sod. 8 All utility coordinations during construction and any hold time associated with utilities is included of the contract duration. 9 Roadway Item No. 7 includes 120 SY for pavement restoration on Orange Avenue 10 Roadway Item No. 8 includes 20 tons for pavement restoration on Orange Avenue Working days to complete project: 210 calendar days, {See Special Provisions). Bids as read at opening on Tuesday, June 7, 2016; 2:00 PM All bids subject to OSBA SBE compliance and Board Approval. Prepared by: Donna Lewis, Technical Assistant Ill Checked by: Holly B. Knight, P.E., Contracts Section Manager Page3 of 3

15 EXHIBIT ''B" Town of Jupiter PROJECT NAME: Toney Penna Dr. and Old Dixie Hwy. PROJECT NUMBER: CONTRACTOR: Community Asphalt Corp. ITEM QUANTITY /UNITS UNIT PRICE AMOUNT Town of Jupiter Regular Items 65 DEFLECT EXISTING 6" DIP WATER MAIN 50LF $ $6, ADJUST WATER VALVE BOX SEA $ $1, RELOCATE EXISTING WATER METER AND BOX $ $ RELOCATE EXISTING FIRE HYDRANT lea $3, $3, Town of Jupiter Total $ 12, F:\ROADWA Y\UTILITY COORDINATION\ _ Toney Penna & Old Dixie\TOJ Exhibit B.doc 1

16 Section 1. Recitals. The above recitals are true and correct and are incorporated herein. 1 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT FOR JOINT PARTICIPATION AND PROJECT FUNDING FOR CONSTRUCTION AND UTILITY ADJUSTMENT OF TONEY PENNA DRIVE AND OLD DIXIE HWY. PALM BEACH COUNTY PROJECT NO THIS Interlocal Agreement, (hereinafter "Agreement"), is made as of the 5 ~~ day of ':A 'W' st, 2016, by and between Palm Beach County, a political subdivision of the State o lorida, (hereinafter "COUNTY'') and the Loxahatchee River Environmental Control District, a special district independent governmental entity existing under the laws of Florida, (hereinafter "DISTRICT"), each one constituting a public agency defined in Part I of Chapter 163, Florida Statutes. WHEREAS, Section , Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969", authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, thereby providing services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might ~xercise separately; and WHEREAS, the COUNTY intends to improve Toney Penna Dr. and Old Dixie Hwy. (hereinafter the "Project1'); and WHEREAS, the COUNTY and the DISTRICT desire to jointly participate in the construction of utility adjustments to the DISTRICT'S water main and other improvements within the Project area, hereinafter referred to as the "Work"; and WHEREAS, both COUNTY and DISTRICT declare that it is in the public interest that the Work be constructed with the aforementioned Project; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows:

17 The COUNTY will invoice the DISTRICT on a periodic basis during construction of the Project and the Work. The DISTRICT agrees to provide to COUNTY reimbursement funding for documented costs for the Work in the amount established in Section 3.A. Upon COUNTY'S submission of acceptable documents needed to substantiate their costs for the Work, DISTRICT will use its best efforts to provide said funds to COUNTY on a reimbursement basis within thirty (30) days of receipt of all required documents. COUNTY shall submit all invoices to the 2 Loxahatchee River Interlocal Agreement Section 2. Project and Work to be Completed by the COUNTY: COUNTY shall provide construction and administrative services to the Project as more specifically described in the Bid Documents for Palm Beach County Project No Said Bid Documents include the Work as shown in DISTRICT prepared Utility Matrix, Applicable Technical Specifications, Standard Construction Details, and Approved Product List. The project, as set forth in this Agreement, shall be performed on Toney Penna Dr. and Old Dixie Hwy. Section 3. Responsibilities and Duties: A. DISTRICT shall reimburse COUNTY a total estimated cost of Three Thousand Seven Hundred and Eighty One Dollars ($3,781.00), provided COUNTY performs pursuant to the terms and conditions of this Agreement for all Work in accordance with the Bid Tabulation (Exhibit "A") and summary (Exhibit "B''). Any cost exceeding this amount attributable to Loxahatchee River Environmental Control District Utility Items shall be paid by the DISTRICT. B. Costs shall be based upon actual contract costs using contract unit prices and actual constructed quantities, said quantities being measured by the COUNTY with concurrence by the DISTRICT. C. COUNTY shall obtain written approval from the DISTRICT in advance of any change orders, including any costs associated with the DISTRICT'S failure to approve change orders in a timely manner, which increase the cost attributable to the Work to an amount greater than the contract amount as stated in Paragraph A of this Section. Approval shall not be unreasonably withheld. D. COUNTY shall secure all necessary easements and permits required to perform the Project. E. COUNTY shall publicly bid, administer, construct and inspect the Project and Work in accordance with the Bid Documents and Exhibit "A". F. COUNTY shall require the contractor to provide a Public Construction Bond in an amount equal to the contractor's bid for the Project and the Work. G. Upon completion of the Project and the Work, the DISTRICT shall repair and maintain the Work, at DISTRICT'S expense. Section 4. Payments/Invoicing and Reimbursement:

18 COUNTY does not have the power or authority to bind the DISTRICT in any promise, Agreement or representation. 3 Loxahatchee River Interlocal Agreement DISTRICT identifying the Work, including COUNTY'S total expenditure for the Project, and identifying the amount attributable to the Work under Exhibit "A". COUNTY shall supply any further documentation such as copies of paid receipts, canceled checks, invoices and other documents deemed necessary by the DISTRICT within seven (7) calendar days of request by the DISTRICT. Invoices received from COUNTY will be reviewed and approved by the DISTRICT to insure that expenditures have been made in conformity with this Agreement. Invoices will normally be paid within thirty (30) days following approval. In no event shall the DISTRICT provide advance funding to the COUNTY. The Project and the Work will be administered by the COUNTY. Only those costs incurred by the COUNTY relating to the Work are eligible for reimbursement by the DISTRICT pursuant to the terms and conditions hereof. In the event the COUNTY ceases or suspends the Project or the Work for any reason, the DISTRICT will reimburse the COUNTY for the Work completed as of the date the COUNTY uses to suspend the Work. Any remaining unpaid portion of this Agreement shall be retained by the DISTRICT and the DISTRICT shall have no further obligation to honor reimbursement requests submitted by the COUNTY. Section 5. Repayment COUNTY shall repay the DISTRICT for all unauthorized, illegal or unlawful expenditures of revenues, including those discovered after the expiration or termination of this Agreement. Section 6. Access and Audits: COUNTY and DISTRICT shall maintain books, records, and documents to justify all charges, expenses and costs incurred under this Agreement and in performing the Project, in accordance with Generally Accepted Accounting Principles (GAAP), as promulgated by the Government Finance Officers Association from time to time. The COUNTY and DISTRICT shall have access to all books, records, and documents as required in this Agreement, and for at least three (3) years after completion of the Project. In the event any work is subcontracted by COUNTY, COUNTY shall similarly require each Contractor and subcontractor to maintain and allow access to such records for audit purposes. Section 7. Independent Contractor: COUNTY and the DISTRICT are and shall be, in the performance of all work, services and activities under this Agreement Independent Contractors and not employees, agents or servants of the other party. All COUNTY employees engaged in the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to COUNTY'S sole direction, supervision, and control. All DISTRICT employees engaged in the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to DISTRICT'S sole direction, supervision, and control. The Parties shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the parties relationship and the relationship of its employees to the other party shall be that of an Independent Contractor and not as employees or agents of the other.

19 Section 11. Breach and Opportunity to Cure: The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, each party shall have thirty (30) days written notice before exercising any of its rights. 4 Loxahatchee River Interlocal Agreement Section 8. Personnel: COUNTY represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the DISTRICT. All of the services required hereinunder shall be performed by COUNTY or its contractor, and personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. All of COUNTY'S personnel, Contractors and all subcontractors while on COUNTY premises will conduct themselves in an acceptable manner and follow acceptable safety and security procedures. Section 9. Indemnification: The DISTRICT and COUNTY recognize their liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limits provided in Section , Florida Statutes. To the extent permitted by law, the DISTRICT and COUNTY shall indemnify, defend and hold the other harmless against any actions, claims and damages arising out of the their own negligence in connection with the Work and the Project and the use of the funds provided under this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section , Florida Statutes, nor shall the same be construed to constitute an Agreement by the DISTRICT or COUNTY to indemnify each other for sole negligence, or willful or intentional acts of the other. The foregoing indemnification shall survive termination of this Agreement. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the COUNTY and/or DISTRICT. Section 10. Annual Appropriation: All provisions of this Agreement calling for the expenditure of ad valorem tax money by either the COUNTY or the DISTRICT are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to the Agreement, this Agreement may be terminated. However, once the Project has been awarded to the COUNTY contractor, it shall be prosecuted to completion and this Agreement shall be,binding upon the parties and neither party shall have the right to terminate the subject Agreement for the reason that the sufficient funds are not available for the construction of the Project.

20 5 Loxahatchee River Interlocal Agreement Section 12. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties. Section 13. Notice: All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: All notice to the DISTRICT shall be sent to: Kris Dean, P.E., Director of Engineering Services Loxahatchee River District 2500 Jupiter Park Dr. Jupiter, Fl All notice to the COUNlY shall be sent to: Omelia A. Fernandez, P.E., Director Roadway Production Division P.O. Box West Palm Beach, FL Section 14. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 15. Remedies: This Agreement shall be governed by and in accordance with the laws of the State of Florida. Any legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof.

21 Section 22. Compliance with Codes and Laws: COUNTY and DISTRICT shall abide by all applicable federal, state and local laws, orders, rules and regulations when performing under this Agreement. COUNTY and DISTRICT further agrees to include this provision in all subcontracts issued as a result of this Agreement. 6 Loxahatchee River Interlocal Agreement Section 16. No Waiver: Any waiver by either Party of its rights with respect to a default under this Agreement, or with respect to any other matters arising in connection with this agreement, shall not be deemed a waiver with respect to any subsequent default or other matter. The failure of either Party to enforce strict performance by the other Party of any of the provisions of this Agreement or to exercise any rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of such Party's right to assert or rely upon any such provisions or rights -in that or any other instance. Section 17. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 18. Equal Opportunity: COUNTY and DISTRICT agree that no person shall, on the grounds of age, race, color, sex, national origin, disability, religion, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information, be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. COUNTY will ensure that all contracts let for the Project pursuant to the terms of this Agreement will contain a similar non-discrimination and equal opportunity clause. Section 19. Execution: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 20. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. Section 21. Termination: This Agreement may be terminated by either party to this Agreement upon sixty (60) days written notice to the other party, except as otherwise addressed in this Agreement. However, once the Project has commenced, it shall be prosecuted to completion and this Agreement shall be binding upon the parties and neither party shall have the right to terminate the subject Agreement.

22 The term of this Agreement shall be effective on the date of execution of this Agreement by both parties. 7 Loxahatchee River Interlocal Agreement Section 23. Office of the Inspector General: Palm Beach County has established the Office of the Inspector General, in Palm Beach County code section , as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and audit, investigate, monitor, and inspect the activities of the contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. All contractors and parties doing business with the County and receiving County funds shall fully cooperate with the Inspector General including receiving access to records relating to Bid or any resulting contract. Section 24. Public Entity Crime Certification: As provided in F.S , as may be amended from time to time, by entering into this Agreement or performing any work in furtherance hereof, COUNTY shall have its contractors certify that their affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vehdor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by F.S (3) (a). Section 25. Severability: If any section, paragraph, sentence, clause or provision of this Agreement is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Agreement. Section 26. Entirety of Agreement: COUNTY and DISTRICT agree that this Agreement sets forth the entire Agreement between the parties, and there are no promises or understandings other than those stated herein. Section 27. Survival: The obligations, rights, and remedies of the Parties hereunder, which by their nature survive the termination of this Agreement or the completion of the Project, shall survive such termination or Project completion and inure to the benefit of the Parties. Section 28. Term:

23 F:\ROADWAY\UTILITY COORDINATION\ _Toney Penna & Old Dixie\LOX River Agreement.doc 8 Loxahatchee River lnterlocal Agreement IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above. LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT PALM BEACH COUNTY, FLORIDA, BY: vltl~~ Tanya N. McConnell, P.E., ~ Deputy County Engineer ATTEST: ATTEST: CLINTON R. YERKES DISTRICT CLERK APPROVED AS TO TERMS AND CONDffiONS: C} ~ p> V (DATE)7-c2~lt Omelia A. Fernandez, P.E., Direct Roadway Production Division APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ~~ District Attorney 7-J ~-/ {:, BY:~lb~-- Assistant County Attorney

24 ... l: :,... ENGINEERS Ranger Construction J,, ESTIMATE !,----~--t. E_XH-.JIBIT "A" 81 D AVERAGE I TONEY PENNA DRIVE AND OLD DIXIE HIGHWAY n ustnes, Inc.. PBC COUNTY PROJECT ## ======~=======================================;======;===i111~ :1==u=Nl=T=PR=l=CE=::;;===u=N=IT=P=R=,c=E= []E1TPRICE ROAPWAY:1T:l;M$.. 1 MOBILIZATION 2 MAINTENANCE OF TRAFFIC ( INCL. PEDESTRIAN M.O.T. ) 3 CLEARING AND GRUBBING 4 REGULAR EXCAVATION 5 EMBANKMENT ( COMPACTED IN PLACE ) 6 TYPE B STABILIZATION 7 OPTIONAL BASE GROUP 13 8 SUPERPAVE ASPHALT CONCRETE (TRAFFIC LEVEL C) 9 STRUCTURAL OVERBUILD (6.5" Avg.) 10 ASPHALT CONCRETE FRICTION COURSE (1") (FC-95.) (RUBBER) 11 MILL EXISTING ASPHALT PAVEMENT (1" AVG) 12 CLASS NS CONCRETE (GRAVITY WALL) 13 CONTROLSTRUCTURE 14 INLETS (CURB) ( TYPE P-5) (<10') 15 INLETS (CURB) ( TYPE P-6) (<10') 16 INLETS ( DITCH BOTTOM ) ( TYPE C ) 17 INLETS ( GUTTER ) ( TYPE V ) 18 INLETS (CURB) (TYPE P-2) 19 MANHOLE (TYPE P-7) 20 ADJUSTINLET 21 CONCRETE PIPE CULVERT ( 18") 22 CONCRETE PIPE CULVERT ( 24" ) 23 FLARED END SECTION (CONCRETE) (ROUND) (24" DIA.) 24 SIDE DRAIN MITERED END SECTION (18") 25 FRENCH DRAIN(18" DIA)(INCL BALLAST ROCK & FILTER FABRIC) 26 TRENCH DRAIN, TYPE II, 12" WIDE 27 CONCRETE CURB ( TYPED ) 28 CONCRETE CURB & GUTTER ( TYPE F ) 29 ENGRAVING OF CURB FACE (SEE SP'S) 30 CONCRETE DROP CURB 31 COLOR TREATED & STAMPED CONCRETE (SEE SP) 32 CONC SIDEWALK ( 4" THICK) 33 CONC SIDEWALK ( 6"THICK) (DRIVEWAYS) 34 PIPE GUIDERAIL (STEEL) 35 SODDING " PVC CONDUITS (SCH 40) TRAFFIC F/O CABLE 37 PULL BOX (SMALL) 38 2" GALVANIZED IMC ABOVE GROUND CONDUIT 39 CHANGEABLE (VARIABLE MESSAGE) SIGN (NON MOT) 40 TRAFFIC CONTROL OFFICER (NON MOT).., ',, $isnat,.1tem.s A A E " PVC (SCH 40} UNDERGROUND CONDUIT 2-2" (HDPE SDR 11) UNDER PAVEMENT CONDUIT (DIRECTIONAL BORE) 4-2" (HDPE SDR 11) UNDER PAVEMENT CONDUIT (DIRECTIONAL BORE1 5-2" (HDPE SDR 11) UNDER PAVEMENT CONDUIT (DIRECTIONAL BORE1 PEDESTRIAN SIGNAL CABLE - 4 CONDUCTOR PEDESTRIAN SIGNAL CABLE - 7 CONDUCTOR SIGNAL CABLE (SPAN LENGTH 551' -650'} FIBER OPTIC CABLE, (FSM) 12- COUNT (UNDERGROUND) 1 LS 1 LS 1 LS 1,107 CY 1,302 CY 203 SY 3,119 TN i 643 TN 904 SY 24 CY 5 EA 4 EA 2 EA 709 LF 286 LF 3 EA 689 LF 315 LF 2,342 LF 8 EA 998 LF 259 SY 986 SY, 350 SY 311 LF / 2,779 SY 885 LF 3 EA, 20 LF 90 ED 720 MH ;. 300 LF 150 LF 300 LF 100 LF 1 Pl 1 Pl 1 Pl 50 LF : i~.' ~.. {:., -.. '.. - '. $100, $ $100, $ $100, $ $11.07 $ $14.61 $ $6.77 $ $51.70 $ $ $ $90.27 $ $ $ $25.42 $ $733,.30 $ $7, $ $5, $ $5, $ $2, $ $4, $ $12, $ $4, $ $1, $ $88.68 $ $70.03 $ $2, $ $1, $ $ $ $ $ $72.02 $ $28.69 $ $ $ $28.69 $ $60.00 $ $48.64 $ $51.91 $ $49.80 $ $8.11 $ $34.00 $ $ $ $ $ $48.53 $ $62.76 $..,: $5.96 $ $17.05 $ $20.00 $ $25.00 $ $5, $ $5, $ $5, $ $1.73 $ d. '. Community Asphalt Corp. TOT UNIT PRICE TOTAL 169, $229, $ 229, $109, $ 109, , $ 190, $ 190, $ 213, $ 213, , ~ $ 40, $ 40, $169, $ 169, ,'i $ $ 14, : $ $ 25, t $ $ 18, $ 8.30 $ 10, $ $ 6, $ 4.80 $ c $ $ 123, $ $ 141,865, $ $ 52, $ $ 72, $ $ 255, $ $ 311, $ $ 75, $ $ 90, $ $ 9, $ 7.80 $ 7, $ $ 12, $ $ 13, , $ 10, $ 10, $ 9, $ 9, , $ 5, $ 5, $ 5, $ 5, , $ 6, $ 6, $ 5, $ 5, , $ 4, $ 36, $ 4, $ 34, ,055.oo $ 6, $ 31, $ s, $ 29,450:00 9, $ 9, $ 9, $ 8, $ 8, , $ 5, $ 20, $ 4, $ 18, , $ 1, $ 3, $ 1, $ 3, $ $ 70, $ $ 67, $ $ 34, , $ $ 31, , ' $ 1, $ 5, $ 1, $ 5, , $ 1, $ 1, $ 1, $ 1, $ $ 106, ~ $ $ 101, $ $ 71, $ $ 68, : $ $ 8, $ $ 7, $ $ 62, $ $ 48, so $ $ 4, $ $ 2, $ $ 25, $ $ 22, $ $ 21, $ $ 22, :: $ $ 41, $ $ 42, $ $ 18, $ $ 20, $ $ 29, $ $ 27, $ 4.95 $ 13,756.05! $ 4.20 $ 11, $ 6.00 $ 5, $ 6.40 $ 5, $ $ 2, : $ $ 1, , $ $ $ $ $ $ 1, $ $ 1, $ $ 40, $ $ 42, $ 2.95 $ ' $ 3.10 $ $ $ 2, $ 1830 $ 2, $ $ 8, $ $ 9, ' $ $ 3, $ $ 3, $ $ $ $ oo,,]-,:-$ 5, : $ 5, $ 5, $ 6, $ 6, $ $ 3, $ $ 4, _so_.o_o-+--'-:$ '....;..;8s;,.;;.o,;,.;..o.;;..o-t,._$,: ;;,9.,;;.;08:;.;.;.o:..::0~$.:.:90:..::8.:..:.o.::...io F:\ROADWAY\PR0\2002\ \ Toney Penna Dr. and Old Dixie Hwy. Bid Tabs.xlsx Pagel o/3

25 i ENGINEERS BID AVERAGE, Ranger Construction l Community Asphalt Corp. TONEY PENNA DRIVE AND OLD DIXIE HIGHWAY ESTIMATE Industries, Inc. PBC COUNTY PROJECT # ~ UNIT PRICE UNIT PRI PRICE TOTAL I UNIT PRICE I TOTAL I A PULL BOX (17" X 30" X 12"D) 19 EA $ $ $ $ 17, $ $ 9, ALUMINUM SIGNALS POLE, PEDESTRIAN WITH TRANSFORMER BASE ( 8FT ABOVE GROUND) 3 EA $1, $ $ $ 2, $ $ 2, MAST ARM ASSY D1 - S1 36' (POWDER COATED FINISH) $25, $ 20, $ 19, $ 19, $ 20, $ 20, MAST ARM ASSY D7 - S6 78' (POWDER COATED FINISH) 2 EA $47, $ 32, $ 31, $ 62, $ 33, $ 66, TRAFFIC SIGNAL HEAD ALUMINUM (3-SECTION, 1-WAY) INCULDES BACKPLATES 12 AS $1, $ $ $ 9, $ $ 11, TRAFFIC SIGNAL HEAD ALUMINUM (5-SECTION, 1- WAY) INCULDES BACKPLATES 2 AS $1, $ 1, $ 1, $ 2, : $ 1, $ 3, TRAFFIC SIGNAL HEAD ASSEMBLY, REMOVAL 2 EA $ $ $ 1, $ 3, C $ $ PEDESTRIAN SIGNAL - COUNTDOWN (1- WAY) ALUMINUM 4 EA $ $ $ $ 2, $ $ 2, B7 VIDEO IMAGE DETECTION 7 - CAMERA SYSTEM (ITERIS) COMPLETE $31, $ 45,605.00, $ 44, $ 44, $ 47, $ 47, PEDESTRIAN DETECTOR (PUSH BUTTON) 4 EA $ $ $ $ $ $ INTERNALLY ILLUMINATED SIGN (6') FLUORESCENT 3 EA $3, $ 3, $ 3, $ 9, $ 3, $ 10, LED BLANK- OUT SIGN (30" X 30") $4, $ 4, $ 4, $ 4, $ 4, $ 4, SIGN PANEL (F&I) 5 EA $ $ $ $ 1, $ $ 1,810.00,.,,...., :~cc,,:cid>-2 :;;"'"' ~t~; _L',, :it~:>;{;}~.' :.,:~\.:~. :,~~:: /:i// :f ~ ~-f~)~e;.~ ({?;}~.~J?~}_'~ ~/t/~~~~~~'(jt?~j?:it::~,-::.', ~~~\~ -~L.. : :-.--~;',.,~,- ; ;,_~,. \ft;).,.: :-~~-':.~:::: ',.',... l', ;:.,..,.'.,. A;".~,. '_,._ ',. ~~}:t{ ~~: ~.. :}/">' ~ t:/:: ~-~ii)/)\. ~ft ':~ ltjl!ti!.t~,;jt,l,n4t!jl 0'1.!f::,~-;.,;.,..,_.' ' ' :- >.;;,s-c,,.,: ;!.. ~-.. :',, :,;.. ;J_~) ;-~,...., :... ;,,..,.,,.,, - ;,.: ~.~ ~ ;,.:~,;:;> ','."c:'.>:,,1... :,;',,,.,, ',.,.,.. LOXAHATCHEE RIVER DISTRICT.' ;s::-:,.:~-0zj/)~~ii ;~;;: :,;.,:;-ir{t;!:;)\l tsj ]~~9jl~~~o; I;,...::.. \.s f '! :-.. '. ',.,.,,:, -... ~I:,; ' ' ~-:-; ' -,..:.,,.. 62 ADJUST UTILITY MANHOLE $ $ $ $ $ $ ADJUST WATER VALVE BOX $ $ $ $ $ $ RELOCATE EXISTING CASING VENT $1, $ 3, $ 3, $ 3, $ 3, $ 3, TOWN OF JUPITER 65 DEFLECT EXISTING 6" DIP WATER MAIN 50 LF $63.83 $ $ $ 7, $ $ 6, ADJUST WATER VALVE BOX 5 EA $ $ $ $ 1, $ $ 1, RELOCATE EXISTING WATER METER AND BOX $1, $ $ $ $ $ RELOCATE EXISTING FIRE HYDRANT c $2, $ 3, $ 3, $ 3, $ 3, $ 3, AT&T 69 ADJUST UTILITY MANHOLE $ $ ' ;~ \,,\/~-:'\)~~:, :\_:I.~Jf~-:t.,:(j '. \ \ f-i?' -/~fit{_ ~.\/<]~.?\?~t~~:,,-~, ~~ don..rjnf;.tn.or4tf.mt~~,./. >:':~:?{.. ~. i.. ~r; _,>: :.. _;.. j --~.,,...., '... ;,:- ~ :>:T; ; "1:;:,".,e:\',.0 lt:-,.. ('.. _-?: :,.:$.PA1.ii?t.A('tl!f.li-11i'J'.. 1r+'.,:~J.:, ::<~:,ej?t. ':;,~.\',..,.,... :, c -- ~ ',.- cc:.. -:..,.,.: ',,,i..,, -~f ' ',,, ',,, /( '. '-:..,: ~ :.. $ $ $ $ ,:;,.. ;_\:.c-fenti \J:s;~~ /:: _) -~'.:{~\\){!¾ /$:;,'111,iaPiciQi j,'.1 -~-- /~:;~~?~~-:~;_;~~~~ > 1ft 'Tt:~Jj3~~o..,.., ' :.f;.,,,,: ~-. \::'(~/.f-;,,:...,): 1,c- :,.,.",.:., '., 70 CLASS I CONCRETE (MISCELLANEOUS) 10 CY ~ $ $ $ $ 5, $ $ 4, INLETS ( CURB ) ( TYPE J-5 ) ( <1 O') $8, $ 8, r $ 8, $ 8, $ 7, $ 7, INLETS (CURB) ( TYPE J-6) (<10') $7, $ 8, $ 9, $ 9, $ 8, $ 8, MANHOLE ( TYPE J-7) (<10') $8, $ 6, r; $ 6, $ 6, $ 6, $ 6, STORM SEWER CLEANING (EXIST.) (24" OR LESS) (SEE SP's) 250 LF $9.04 $ :J_ $ $ 4, $ $ 3, STORM SEWER CLEANING (EXIST.) (>24" TO 48") (SEE SP's) 110 LF $15.00 $ $ $ 3, $ $ 2, FLOWABLE FILL 10 CY $ $ $ $ 5, $ $ 2, TREE SPADE UNITS (SEE SP's) 2 EA $ $ $ $ 1, $ $ 1, : :. _ '... sµs.tot~l!:j~t!,njietj." r):.... ;,.... i. :,,-c- :. ;s. ',43Asi~~Q.' TOTAL BID AMOUNT 1-s i,9s1, I 1 ',: \.~ :-~-_;:-. ',,$...,3~]9hit~o $. i,-019; F:\ROADWAY\PRO\2002\20D2109\20D2109 Toney Penna Dr. and Old Dixie Hwy. Bid Tobs.xlsx Page2o/3

26 TONEY PENNA DRIVE AND OLD DIXIE HIGHWAY PBC PROJECT # THE ITEMS AND QUANTITIES SHOWN/ SHALL GOVERN OVER THE PLANS. PAY ITEM FOOTNOTES IN CONSTRUCTION PLANS SHALL ALSO BE INCLUDED IN ITEM UNIT PRICE. 1 All costs for Maintenance of Traffic (MOT) and mobilization shall be considered incidental to, and shall be included in, unit prices for the pay items. 2 All items shall include cost to furnish and install unless otherwise noted. 3 NPDES shall be included in mobilization 4 Prime and tack coat are considered incidental to asphalt construction 5 The cost of connecting to existing structures in incidental to cost of pipe. 6 All items can be increased or decreased or deleted as directed by the Engineer. 7 All disturbed areas adjacent to the project limits shall be restored to its original conditions including sod. 8 All utility coordinations during construction and any hold time associated with utilities is included of the contract duration. 9 Roadway Item No. 7 includes 120 SY for pavement restoration on Orange Avenue '. 10 Roadway. Item No. 8 includes 20 tons for pavement restoration on Orange Avenue.....,; ' ,, Working days to complete project: 210 calendar days/ (See Special Provisions). Bids as read at opening on Tuesday, June 7, 2016; 2:00 PM All bids subject to OSBA SBE compliance and Board Approval. Prepared by: Donna Lewis, Technical Assistant Ill Checked by: Holly B. Knight, P.E. 1 Contracts Section Manager Page3 o/3

27 F:\ROADW A Y\UTILITY COO RD INA TION\ _ Toney Penna & Old Dixie\Lox River Exhibit B.doc 1 EXHIBIT "B" Loxahatchee River District PROJECT NAME: Toney Penna Dr. and Old Dixie Hwy. PROJECT NUMBER: CONTRACTOR: Community Asphalt Corp. ITEM QUANTITY /UNITS UNIT PRICE AMOUNT Loxahatchee River District Regular Items 62 ADJUST UTILITY MANHOLE lea $ $ ADJUST WATER VAL VE BOX $ $ RELOCATE EXISTING CASING VENT $3, $3, Loxahatchee River District Total $3,781.00

28 AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND AT & T Florida FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF TONY PENNA DRIVE AND OLD DIXIE HIGHWAY PALM BEACH COUNTY PROJECT NO THIS Agreement is made as of the _L day of Wk,. /,.tr', 2016, by and between Palm Beach County, a political subdivision of the Stateof Florida, (hereinafter "COUNlY'') and AT&T Florida, a corporation existing under the laws of Florida, (hereinafter "AT&T''). WHEREAS, the COUNlY intends to improve the Tony Penna Dr. and Old Dixie Hwy. (hereinafter the "Project''); and WHEREAS, the COUNlY and the AT&T desire to jointly participate in the construction of utility adjustments to the AT& T's facilities and other improvements within the Project area, hereinafter referred to as the "Work"; and WHEREAS, both COUNlY and AT&T declare that it is in the public interest that the Work be constructed with the aforementioned Project; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: Section 1. Recitals. The above recitals are true and correct and are incorporated herein. Section 2. Project and Work to be Completed by the COUNlY: COUNlY shall provide construction and administrative services to the Project as more specifically described in the Bid Documents for Palm Beach County Project No Said Bid Documents include the Work as shown in AT& T's prepared Utility Matrix, Applicable Technical Specifications, Standard Construction Details, and/or Approved Product List. The Project, as set forth in this Agreement, shall be performed on Tony Penna Dr. and Old Dixie Hwy. Section 3. Responsibilities and Duties: A. AT&T shall reimburse COUNlY a total estimated cost of EIGHT Hundred Ninety Four Dollars ($894.00), provided COUNlY performs pursuant to the terms and conditions of this Agreement for all Work in accordance with the Bid Tabulation (Exhibit "A'') and summary (Exhibit "B''). Any cost exceeding this amount attributable to AT&T Utility Items shall be paid by the AT&T. 1

29 B. Costs shall be based upon actual contract costs using contract unit prices and actual constructed quantities, said quantities being measured by the COUNTY with concurrence by the AT&T. C. COUNTY shall obtain written approval from the AT&T in advance of any change orders, which increase the cost attributable to the Work to an amount greater than the contract amount as stated in Paragraph A of this Section. Approval shall not be unreasonably withheld. The AT&T's responsibility for change order costs includes any costs associated with the AT&T's failure to approve change orders in a timely manner. D. COUNTY shall secure all necessary easements and permits required to perform the Project. E. COUNTY shall publicly bid, administer, construct and inspect the Project and Work in accordance with the Bid Documents and Exhibit "A". F. COUNTY shall require the contractor to provide a Public Construction Bond in an amount equal to the contractor's bid for the Project and the Work. G. Upon completion of the Project and,the Work, the AT&T shall repair and maintain the Work, at AT&T's expense. Section 4. Payments/Invoicing and Reimbursement: The COUNTY will invoice the AT&T on a periodic basis during construction of the Project and the Work. The AT&T agrees to provide to COUNTY reimbursement funding for documented costs for the Work in the amount established in Section 3.A. Upon COUNTY'S submission of acceptable documents needed to substantiate their costs for the Work, AT&T will use its best efforts to provide said funds to COUNTY on a reimbursement basis within thirty (30) days of receipt of all required documents. COUNTY shall submit all invoices to the AT&T identifying the Work, including COUNTY'S total expenditure for the Project. COUNTY shall supply any further documentation such as copies of paid receirts, canceled checks, invoices and other documents deemed necessary by the AT&T within seven (7) calendar days of request by the AT&T. Invoices received from COUNTY will be reviewed and approved by the AT&T to insure that expenditures have been made in conformity with this Agreement. Invoices will normally be paid within thirty (30) days following approval. The Project and the Work will be administered by the COUNTY. Only those costs incurred by the COUNTY relating to the Work are eligible for reimbursement by the AT&T pursuant to the terms and conditions hereof. In the event the COUNTY ceases or suspends the Project or the Work for any reason, the AT&T will reimburse the COUNTY for the Work completed as of the date the COUNTY uses to suspend the Work. Any remaining unpaid portion of this Agreement shall be retained by the AT&T, and the AT&T shall have no further obligation to honor reimbursement requests submitted by the C0UNTY. 2

30 Section 5. Repayment COUNlY shall repay the AT&T for all unauthorized, illegal or unlawful expenditures of revenues, including those discovered after the expiration or termination of this Agreement. Section 6. Access and Audits: COUNlY and AT&T shall maintain books, records, and documents to justify all charges, expenses and costs incurred under this Agreement and in performing the Project, in accordance with Generally Accepted Accounting Principles (GAAP). The COUNlY and AT&T shall have access to all books, records, and documents as required in this Agreement, and for at least three (3) years after completion of the Project. In the event any work is subcontracted by COUNlY, COUNlY shall similarly require each Contractor and subcontractor to maintain and allow access to such records for audit purposes. Section 7. Independent Contractor: COUNlY and the AT&T are and shall be, in the performance of all work, services and activities under this Agreement Independent Contractors and not employees, agents or servants of the other party. All COUNlY employees engaged in the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to COUNlY'S sole direction, supervision, and control. All AT&T employees engag~d in the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to AT&T's sole direction, supervision, and control. The Parties shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the parties relationship and the relationship of its employees to the other party shall be that of an Independent Contractor and not as employees or agents of the other. COUNlY does not have the power or authority to bind the AT&T in any promise, agreement or representation. Section 8. Personnel: COUNlY represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the AT&T. All of the services required herein under shall be performed by COUNlY or its contractor, and personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. All of COUNlY'S personnel, Contractors and all subcontractors while on COUNlY premises will conduct themselves in an acceptable manner and follow acceptable safety and security procedures. 3

31 Section 9. Indemnification: The COUNlY shall require each contractor engaged by the COUNlY for the Work to: A. Indemnify, defend, save and hold harmless AT&T and its officers, agents or employees from all suits, actions, claims, demands, liability arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents, or employees in the performance of the Work; B. Maintain Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION DOLLARS ($1,000,000.00); and C. Acknowledge that AT&T is a limited third party beneficiary with the right to seek damages from the contractor for its failure to perform or to enforce the contractor's performance of its duties and obligations regarding the Work. Notwithstanding the above, AT&T does not have the right to compel the COUNlY to perform its duties and obligations under this Contract or to seek damages from the COUNlY for its failure to perform or to compel the contractor to perform. Nothing herein shall create or vest in the AT&T the right to compel the COUNlY to act for or on AT&T behalf or for its benefit, nor shall it have a cause of action of any type or nature against the COUNlY. Section 10. Annual Appropriation: All provisions of this Agreement calling for the expenditure of ad valorem tax money by the COUNlY are subject to annual budgetary funding and should the COUNlY involuntarily fail to fund any of their obligations pursuant to the Agreement, this Agreement may be terminated. However, once the Project has been awarded to the COUNlY contractor, it shall be prosecuted to completion and this Agreement shall be binding upon the parties and the COUNlY shall not have the right to terminate the subject Agreement for the reason that the sufficient funds are not available for the construction of the Project. Section 11. Breach and Opportunity to Cure: The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, each party shall have thirty (30) days written notice before exercising any of its rights. Section 12. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties. 4

32 Section 13. Notice: All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: All notice to the AT&T shall be sent to: Garth Bedward, M.B.A. - Manager OSP Planning & Engineering Design AT & T Florida Telecommunications Company 120 North "K" Street Room 3D-05 Lake Worth, FL All notice to the COUNlY shall be sent to: Omelia A. Fernandez, P.E., Director Roadway Production Division P.0. Box West Palm Beach, FL ATTN: ROADWAY PRODUCTION. Section 14. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 15. Remedies: This Agreement shall be governed by and in accordance with the laws of the State of Florida. Any legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. Section 16. No Waiver: Any waiver by either Party of its rights with respect to a default under this Agreement, or with respect to any other matters arising in connection with this Agreement, shall not be deemed a waiver with respect to any subsequent default or other matter. The failure of either Party to enforce strict performance by the other Party of any of the provisions of this Agreement or to exercise any rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of such Party's right to assert or rely upon any such provisions or rights in that or any other instance. 5

33 Section 17. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 18. Equal Opportunity: COUNlY and AT&T agree that no person shall, on the grounds of age, race, color, sex, national origin, disability, religion, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information, be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. COUNlY will ensure that all contracts let for the Project pursuant to the terms of this Agreement will contain a similar non-discrimination and equal opportunity clause. Section 19. Execution: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 20. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. Section 21. Termination: Agreement. Section 22. Compliance with Codes and Laws: COUNlY and AT&T shall abide by all applicable federal, state and local laws, orders, rules and regulations when performing under this Agreement. COUNlY and AT&T further agrees to include this provision in all subcontracts issued as a result of this Agreement. Section 23. Office of the Inspector General: is not limited to the power to review past, present and proposed County contracts, transactions, and parties doing business with the County and receiving County funds shall fully cooperate 6 This Agreement may be terminated by either party to this Agreement upon sixty (60) days written notice to the other party, except as otherwise addressed in this agreement. However, once the Project has commenced, it shall be prosecuted to completion and this agreement shall be binding upon the parties and neither party shall have the right to terminate the subject Palm Beach County has established the Office of the Inspector General, in Palm Beach County code section , as may be amended. The Inspector General's authority includes but accounts and records, to require the production of records, and audit, investigate, monitor, and inspect the activities of the contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. All contractors

34 with the Inspector General including receiving access to records relating to Bid or any resulting contract. Section 24. Public Entity Crime Certification: As provided in F.S , as may be amended from time to time, by entering into this Agreement or performing any work in furtherance hereof, COUNlY shall have its contractors certify that their affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by F.S (3) (a). Section 25. Severability: If any section, paragraph, sentence, clause or provision of this Agreement is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Agreement. Section 26. Entirety of Agreement: COUNlY and AT&T agree that this Agreement sets forth the entire Agreement between the parties, and there are no promises or understandings other than those stated herein. Section 27. Survival: The obligations, rights, and remedies of the Parties hereunder, which by their nature survive the termination of this agreement or the completion of the Project, shall survive such termination or Project completion and inure to the benefit of the Parties. Section 28. Term: The term of this Agreement shall be effective on the date of execution of this Agreement by both parties. 7

35 and year first written above. AT&T Florida (Print Name) ~~ ATTEST WITNESS: (Signature) (Print Name) ~~-- (Signature) ~tname~ :csi ature) PALM BEACH COUNTY, FLORIDA BY: Tanya N. McConnell, P.E., Deputy County Engineer ~Ji APPROVED AS TO TERMS AND CONDmONS: By:p_,J Omelio A. Fernandez, P.E., Director ~ ~- APPROVED AS TO FORM AND LEGAL SUFFICIENCY: F:\ROADWAY\UTILITY COORDINATION\ _Toney Penna & Old Dixie\ATT Agreement.doc 8 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day BY: (fa,,.// fh/war/ (Signature) ~ti(tt{t(, BY: ~d\ ~ H~~f'on 1" ' Roadway Production Division ~ (Signature) BY: ~.~~J

36 TONEY PENNA DRIVE AND OLD DIXIE HIGHWAY PBC CQUNTY PROJECT # MOBILIZATION 2 MAINTENANCE OF TRAFFIC( INCL. PEDESTRIAN M.O.T.) 3 CLEARING AND GRUBBING 4 REGULAR EXCAVATION 5 EMBANKMENT ( COMPACTED IN PLACE) 6 TYPE B STABILIZATION 7 OPTIONAL BASE GROUP 13 8 SUPERPAVE ASPHALT CONCRETE (TRAFFIC LEVEL C) 9 STRUCTURAL OVERBUILD 76.5" Avi:J.) 10 ASPHALT CONCRETE FRICTION COURSE (1 ") (FC-95.) (RUBBER) 11 MILL EXISTING ASPHALT PAVEMENT (1" AVG) 12 CLASS NS CONCRETElGRAVITYWALL.) 13 CONTROLSTRUCTURE 14 INLETS CURB TI TYPE P-5 H<1 O') 15 INLETS CURBTITYPE P-6 H<10') 16 INLETS DITCH BOTTOM ) l TYPE C) 17 INLETS GUTTER ) l TYPE V ) 18 INLETS CURB) (TYPE P-2) 19 MANHOLE (TYPE P-7) 20 ADJUSTINLET 21 CONCRETE PIPE CULVERT ( 18") 22 CONCRETE PIPE CULVERT ( 24") 23 FLARED END SECTION (CONCRETE) (ROUND) (24" DIA.) 24 SIDE DRAIN MITERED END SECTION (18") 25 FRENCH DRAIN(18" DIA)(INCL BALLAST ROCK & FILTER FABRIC) 26 TRENCH DRAIN, TYPE II, 12" WIDE 27 CONCRETE CURB ( TYPE D) 28 CONCRETE CURB & GUTTER l TYPE F ) 29 ENGRAVING OF CURB FACE (SEE SP'S) 30 CONCRETE DROP CURB 31 COLOR TREATED & STAMPED CONCRETE {SEE SP) 32 CONC SIDEWALK l 4" THICK) 33 CONC SIDEWALK l 6"THICK) <DRIVEWAYS) 34 PIPE GUIDERAIL isteeu 35 SODDING " PVC CONDUITS lsch 40) TRAFFIC F/0 CABLE 37 PULL BOX lsmalu 38 2" GALVANIZED IMC ABOVE GROUND CONDUIT 39 CHANGEABLE lvariable MESSAGE) SIGN {NON MOT) 40 TRAFFIC CONTROL OFFICER (NON MOT} 1 LS 1 LS 1 LS 1,107 CY 1,302 CY 203 SY 3,119 TN 643 TN 904 SY 24 CY 5 EA 4 EA 2 EA 709 LF 286 LF 3 EA 689 LF 315 LF 2,342 LF 8 EA 998 LF 259 SY 986 SY 350 SY 311 LF 2,779 SY 885 LF 3 EA 20 LF 90 ED 720 MH.. ENGINEERS ESTIMATE UNITPRIC $100, $ $100, $ $100, $ $11.07 $ $14.61 $ $6.77 $ $51.70 $ $ $ $90.27 $ $ $ $25.42 $ $ $ $7, $ $5, $ $5, $ $2, $ $4, $ $12, $ $4, $ $1, $ $88.68 $ $70.03 $ $2, $ $1, $ $ $ $ $ $72.02 $ $28.69 $ $ $ $28.69 $ $60,00 $ $48.64 $ $51.91 $ $49.80 $ $8.11 $ $34.00 $ $ $ $ $ $48.53 $ $62.76 $ BID AVERAGE Ranger Construction Industries, Inc. TOTAL ' Community Asphalt Corp. i 169, $ 229, $ 229, $ 109, $ 109, , $ 190, $ 190, $ 213, $ 213, , $ 40, $ 40, $ 169, $ 169, $ $ 14, $ $ 25, $ $ 18, $ 8.30 $ 10, $ $ 6, $ 4.80 $ 974AO $ $ 123, $ $ 141, $ $ 52, $ $ 72, $ $ 255, $ $ 311, $ $ 75, $ $ 90, $ $ 9, $ 7.80 $ 7, $ $ 12, $ $ 13, , $ 10, $ 10, $ 9, $ 9, ,410.1>0 $ 5, $ 5, $ 5, $ 5, , $ 6, $ 6, $ 5, $ 5, , $ 4, $ 36, $ 4, $ 34, , $ 6, $ 31, $ 5, $ 29,450:00 9, $ 9, $ 9, $ 8, $ 8, , $ 5, $ 20, $ 4, $ 18, , $ 1, $ 3, $ 1, $ 3, $ $ 70, $ $ 67, $ $ 34, $ $ 31, , $ 1, $ 5, $ 1, $ 5, , $ 1, $ 1, $ 1, $ 1, $ $ 106, $ $ 101, $ $ 71, $ $ 68, $ $ 8, $ $ 7, $ $ 62, $ $ 48, $ $ 4, $ $ 2, $ $ 25, $ $ 22, $ $ 21, $ $ 22, $ $ 41, $ $ 42, $ $ 18, $ $ 20, ,70 $ 94,00 $ 29,234,00 C $ 89,40 $ 27,803, $ 4.95 $ 13, $ 4.20 $ 11, ' $ 6.00 $ 5, $ 6.40 $ 5, $ $ 2, : $ $ 1, $ $ $ $ $ $ 1, $ $ 1, $ $ 40, $ $ 42, EXHIBIT "A" $J$tJAL lt-j=ms._..~... ~: ~ ~ " PVC {SCH 40) UNDERGROUND CONDUIT " {HOPE SOR 11) UNDER PAVEMENT CONDUIT (DIRECTIONAL BORE) " (HOPE SOR 11) UNDER PAVEMENT CONDUIT (DIRECTIONAL BORE) " (HOPE SOR 11 l UNDER PAVEMENT CONDUIT (DIRECTIONAL BORE} A PEDESTRIAN SIGNAL CABLE - 4 CONDUCTOR A PEDESTRIAN SIGNAL CABLE- 7 CONDUCTOR E SIGNAL CABLE (SPAN LENGTH 551' - 650') FIBER OPTIC CABLE,(FSM) 12- COUNT (UNDERGROUND} 300 LF 150 LF 300 LF 100 LF 1 Pl 1 Pl 1 Pl 50 LF $5.96 $ $17.05 $ $20.00 $ $25.00 $ $5, $ $5, $ $5, $ $1.73 $ 3.03 $ 2.95 $ $ 3.10 $ $ $ 2, $ $ 2, $ $ 8, $ $ 9, $ $ 3, : $ $ 3, $ $ $ , $ $ $ , ' $ 5, , $ 6,150,00 $ 6, ' $ , $ $ 4, F:\ROADWAY\PRO\2002\ \ Toney P,nno Dr. and Old Dixie Hwy. Bid Tobs.xlsx Pogelo/3

37 TONEY PENNA DRIVE AND OLD DIXIE HIGHWAY PBC COUNTY PROJECT # A PULL BOX (17" X 30" X 12"D) 19 EA ALUMINUM SIGNALS POLE, PEDESTRIAN WITH TRANSFORMER BASE ( 8FT ABOVE GROUND) 3 EA MAST ARM ASSY D1 - S1 36' (POWDER COATED FINISH MAST ARM ASSY D7 - S6 78' (POWDER COATED FINISH 2 EA TRAFFIC SIGNAL HEAD ALUMINUM (3- SECTION, 1- WAY> INCULDES BACKPLATES 12 AS TRAFFIC SIGNAL HEAD ALUMINUM (5-SECTION, 1 WAY) INCULDES BACKPLATES 2 AS TRAFFIC SIGNAL HEAD ASSEMBLY, REMOVAL 2 EA PEDESTRIAN SIGNAL COUNTDOWN (1- WAY) ALUMINUM 4 EA B7 VIDEO IMAGE DETECTION 7 - CAMERA SYSTEM (ITERIS) COMPLETE PEDESTRIAN DETECTOR (PUSH BUTTON) 4 EA INTERNALLY ILLUMINATED SIGN (6') FLUORESCENT 3 EA LED BLANK- OUT SIGN (30" X 30") SIGN PANEL (F&I) 5 EA , -/~,,_: '":'i,';/'':;:-~;; rf;½;.,>: - LOXAHATCHEE RIVER DISTRICT ADJUST UTILITY MANHOLE ADJUST WATER VALVE BOX RELOCATE EXISTING CASING VENT TOWN OF JUPITER DEFLECT EXISTING 6" DIP WATER MAIN ADJUST WATER VALVE BOX RELOCATE EXISTING WATER METER AND BOX RELOCATE EXISTING FIRE HYDRANT AT&T ADJUST UTILITY MANHOLE 70 CLASS I CONCRETE (MISCELLANEOUS) 71 INLETS ( CURB ) ( TYPE J-5 ) (<10') 72 INLETS (CURB) ( TYPE J-6) (<10') 73 MANHOLE ( TYPE J-7) (<10') 74 STORM SEWER CLEANING (EXIST.) (24" OR LESS) (SEE SP's) 75 STORM SEWER CLEANING (EXIST.) (>24" TO 48") (SEE SP's) 76 FLOWABLE FILL 77 TREE SPADE UNITS (SEE SP's) :.,... ;,:,,,., ",., EA EA EA 50 LF 5 EA EA ', '.'.,," '. '-_"c;:1,,:.-,.., 10 CY 250 LF 110 LF 10 CY 2 EA TOTAL BID AMOUNT ENGINEERS ESTIMATE BID AVERAGE UNIT PRICE UNIT PRIC $ $ $1, $ $25, $ 20, $47, $ 32, $1, $ $1, $ 1, $ $ $ $ $31, $ 45, $ $ $3, $ 3, $4, $ 4, $ $ $ $ $ $ $1, $ 3, $63.83 $ $ $ $1, $ $2, $ 3, $ $ :,~:. ;:.:~:~.jj~_;; ~f-_;-_,~:\:;<''. '.' ~... $ $ $8, $ $7, $ $8, $ $9.04 $ $15.00 $ $ $ $ $ Ranger Construction Industries, Inc. Community Asphalt Corp. TOTAL $ $ 17, : $ $ 9, $ $ 2, i $ $ 2, $ 19, $ 19, $ 20, $ 20, $ 31, $ 62, ' $ 33, $ 66, $ $ 9, $ $ 11, $ 1, $ 2, $ 1, $ 3, $ 1, $ 3, $ $ $ $ 2, $ $ 2, $ 44, $ 44, $ 47, $ 47, $ $ $ $ $ 3, $ 9, $ 3, $ 10, $ 4, $ 4, $ 4, $ 4, $ $ 1, $ $ 1, t'=i/t:,f'~'i'~l,;\\~ /;&t1;1"2~1.,~p$(00;; <',,"!">',.,,.,,,~.~. -~,J~!)9;\(fijlo.fi:: $ $ $ $ $ 3, $ $ $ $ $ $ $ $ 3, $ $ $ $ $ 3, $ 3, , , , ,..,,s.. '. 43A~t~o $ $ $ $ $ $ $ 3, $ , , , , $ $ ' $ $ ,.'\~1i; {O;QQi., ~'.,'. ' -:ce;; "<.,.;, ::,i\:.'.f. :,.., ' $ $ 5, $ $ 8, ' $ 8, $ 8,330.00, $ 7, , , ' $ 9, $ 9, $ 8, $ 8, , $ 6, $ 6, $ 6, , $ $ 4, $ $ 3, $ $ 3, $ , $ $ 5, $ $ 2, $ $ 1, ', $ , F:\ROADWAY\PR0\2002\2002JD9\ Toney Penna Dr, and Old Dixi Hwy, Bid Tab<JC/SJ( Page2of3