HomeMy Public PortalAboutHypower, Inc.EXHIBIT 11
AGREEMENT
TOWN OF GULF STREAM
PROJECT NO: 2012/13-50
PHASE ONE UTILITY UNDERGROUNDING INITIATIVE
This Agreement made and entered into this 2-0 day ofseptember 2013 by and between the
Town of Gulf Stream, Florida, a municipal corporation in Palm Beach County, Florida, party of
the first part, hereinafter called the Town, and Hypower, Inc. party
of the second part, hereinafter called the Contractor, and duly authorized to do business in the
State of Florida and in Palm Beach County, Florida and in the Town of Gulf Stream.
WITNESSETH, that the Contractor and the Town, for the consideration hereinafter named, agree
as follows:
Article I - SCOPE OF WORK
The Contractor hereby agrees to furnish all the materials, equipment, and labor necessary to
perform in a good, firm, substantial, workmanlike manner, in accordance with the Invitation to
Bid and the Contractor's Proposal, all the work, as defined in the Contract including(insert:
including or excluding) the Additive Alternate Bid(s) Number(s) Item 1 as
shown in the Work Plan and described in the specifications for the project entitled:
TOWN OF GULF STREAM, FLORIDA
PROJECT NO. 2012/13-50
PHASE ONE UTILITY UNDERGROUNDING INITIATIVE
For the completion of all work set forth in the contract documents, which are: Invitation to Bid,
Instruction to Bidders, Proposal, Bid Guaranty, Agreement, Performance Bond, Payment Bond,
Insurance Requirements, Standard Terms and Conditions, General Conditions, Exhibits, and
Construction Details and Specifications dated June 5, 2013(insert date) for the Total Bid
(insert. Base Bid or Total Bid) amount of-
One
fOne Million, Five Hundred Seventy Six Thousand, One Hundred Sixty & Zero
Dollars (S 1, 576, 160. 00 1 (to the Contractor by the Town, all in accordance with
the requirements and provisions of the Contract Documents.
ARTICLE II - TIME OF COMPLETION
The Work to be performed under this Contract shall commence on the date of Notice to Proceed.
The Work shall be Substantially Complete no later than 8 months after Notice to Proceed is
given and all Work completed no later than 30 calendar days after Substantial Completion, with
such extensions of time as are provided for in the General Conditions.
If said Work is not completed within the time stated above, the Contractor shall be liable, and
hereby agrees to pay to the Town as liquidated damages and for the extra Engineering and
Administrative expenses incurred, and not as a penalty, for the amount stated in Sectio 3 of the
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Bid Documents per calendar day for each and every day or part of a day thereafter that said work
remains substantially or fully incomplete.
ARTICLE III - PAYMENT
(A) Progress Payments.
I. On not later than the fifteenth day of every month the Contractor shall prepare and submit a
detailed estimate and payment requisition on a standard EJCDC form addressed to the Project's
Engineer, with copies to Rita Taylor (Town Clerk), covering the percentage of the total amount
of the Contract which has been completed based upon the sum of the Value of Completed Work
from the start of the job up to and including the last day of the preceding billing period (amount
previously paid), together with such supporting evidence as may be required by the Town
and/or Contractor. Partial Release(s) of Lien and Subcontractor Utilization Report shall be
submitted with each payment requisition to verify payment(s) to subcontractors and material
suppliers. The Town shall retain 10% of the value of each invoice issued for the Project (the
"Retainage").
2. Within 30 days after receipt and approval of Contractors invoice, the Town shall pay to the
Contractor ninety percent (90%) of the amount invoiced based upon the Value of Completed
Work Units that have been accepted and invoice as approved by the Engineer, less the aggregate
of previous payments. It is agreed that the Engineer shall have the right to finally determine the
amount currently due to the Contractor.
3. To support timely and appropriate progress payments against the base bid, Contractor hereby
agrees to the allocation of the Lump Sum Bid Price according to the following schedule of values
for the respective components of the Work as a percentage of the lump sum bid amounts:
A. Installation of FPL conduit & concrete products: 32 "fin
B. Installation of FPL padmounted transformer
stations, switches, and capacitors ..................: 10 %
C. Installation of FPL primary & secondary cable ..: 9 %
D. Installation of communications conduits ..........: 27 %
E. Conversion of Overhead Electric Services ........: 7
(Total for Base Bid items A through E to Equal 100% )
F. Installation of Street Lighting conduit ............: 4 %
G. Installation of Street Lighting wire handholes... : 7 %
H. Installation of Street Lighting poles & fixtures...: 7 %
(Total for Alternate Bid Item #1 items F through H to equal 100%)
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PLEASE NOTE: Submittals of estimates and invoices for payment must be directed to the
Project's Engineer so that they may be processed for recommendation and approval. The Town
will not be responsible for any delay in meeting the above mentioned payment schedule if the
Contractor submits his estimate and invoice to another person or which do not reflect the verified
completed work components. Partial payments will be made based on completion of units as
indicated on the prints for items A, C, and D. Partial payments for items B and E shall be paid
for each item completed as a percentage of the total number of items in the respective category.
If included, partial payments for street lighting shall be paid in a like manner relative to units of
wire completed, units of conduit completed, number of fixtures completed.
(B) Final Payment
1. Upon receipt of written notice that the work is ready for final inspection and acceptance, the
Engineer shall within fifteen (15) calendar days make such inspection and when he finds the
work acceptable under the Contract, and Contract fully performed, and acceptable to the
respective utilities, he will promptly issue a final certificate over his own signature, stating that
the work required by this Contract has been completed and is accepted by him under the terms
and conditions thereof, and the entire balance found to be due the Contractor, including the
Retainage, shall be paid to the Contractor by the Town within seventy (70) calendar days after
the date of said Final Certificate.
2. Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer
that all utility acceptance has been secured, and that all payrolls, materials bills, and other
indebtedness connected with the Work have been paid, except that in case of disputed
indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety or
Performance Bond satisfactory to the Town guaranteeing payment of all such disputed amounts
when adjudicated in cases where such payment has not already been guaranteed by Surety or
Performance bond.
3. If, after the work has been substantially completed, full completion thereof is materially
delayed through no fault of the contractor, and the Engineer so certifies, the Town shall, upon
receipt of the certificate of the Engineer, and without terminating the contract, make payment of
the balance due for that portion of the Work fully completed and accepted. Such payment shall
be made under the terms and conditions governing final payment, except that it shall not
constitute a waiver.
5. The Contractor must have satisfied the conditions of Section 32 of the Bid Documents.
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Town of Gulf Stream, Florida ATTEST:
syll/4py.� 4?��
Mayor/or Designee
Hypower, Inc.
Contractor
By -
Tit 4resid
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! ITown
Clerk
(Seal)
ATTEST:
(Seal)
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Page I of 1
Rita Taylor
From: John Zoerhof [jzoerhof@HYPOWERINC.COM]
Sent: Friday, September 20, 2013 2:50 PM
To: Danny Brannon (DBrannon@BnGEngineers.com)
Cc: Rita Taylor
Subject: FW: 6247 - Gulfstream Undergrounding - contract and bonds
Attachments: gulfstream undergrounding payment and performance bond.pdf; gulfstream undergrounding
NFE.pdf
Good afternoon,
If I get these in time I will drive them up today but most likely Monday morning.
Regards,
John Zoerhof
Division Manager— Power Services Group
954.440.0369 Cell
954.917.1439 Direct
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From: Jeff Nelson
Sent: Friday, September 20, 2013 2:37 PM
To: John Zoerhof
Cc: David Weingarten
Subject: 6247 - Gulfstream Undergrounding - contract and bonds
John,
Gary Moore will deliver to you an envelope that contains the following original documents:
1. Two (2) contracts executed by Hypower (1 for the Town, 1 to return to me when executed by the Town)
2. Three original payment and performance bonds (2 for the Town, 1 to return to me once we have the date
based on contract execution as described below)
The bonds are not dated. They need to be completed by inserting the same date that the Town of Gulfstream
inserts in the contract when it executes the originals. When you deliver the contract and bonds please point out
that the cover letter to the bonds indicates that the surety authorizes the Town to insert the date in the bonds.
Please also insert the same date in the 1 set of the bonds that will be Hypower's copy and return them to me.
A scanned copy of the Contract and the Payment Bond and Performance bond is attached
Best regards,
Jeffrey V. Nelson
Hypower, Inc.
General Counsel
Main 954-978-9300
Direct 954-917-1461
Cell 954-806-2050
Email ]nelsonPhypowerinc.com
9/21/2013