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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 CD-i- TGS Con RFP Doc PHI 6-5-2013.doc 013 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%) TGS Con RFP Dac PHI 6.3-2013.doc CD -2- 13 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. CD-3- TGS Con RFP Doc PH 16.5-2013.doc 2013 Town of Gulf Stream, Florida ATTEST: syll/4py.� 4?�� Mayor/or Designee Hypower, Inc. Contractor By - Tit 4resid 2' ! ITown Clerk (Seal) ATTEST: (Seal) CD -4 - TOS Con RFP Doc PHI 6-5-2013.&c 6/82013 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 rro...r rewrrrnrr 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