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HomeMy WebLinkAboutHypowerINC. !ELECTRICAL & UTILITY CONTRACTOR FFp";� September 28, 2021 Board of City Commissioners City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FI. 33160 Ref: ITB 21-08-01 Utility Undergrounding for Golden Shores Contract Time Letter of Intent Members of the Board of City Commissioners: 888-978-9300 2417 Emergency Service Available Headquarters 5913 NW 31stAvenue Fort Lauderdale, Florida 33309 LEED Certified Service and Fleet Yard 1645 NW 33rd Street Pompano Beach, Florida 33064 Hypower, Inc., as part of our response to this Invitation to Bid (ITB -21-08-01) and following the directive at the Pre -Bid Meeting addressing the Contract Duration Time, would like to submit for your consideration and approval, as included in our Bid Proposal, a Contract Duration Time of Nine (9) Months for Substantial Completion and Ten (10) Months for final completion. Respectfully, Hypower, Inc. r Eric Paul -Flus Senior Vice -President IEC SECTION 4 BID SUBMITTAL INSTRUCTIONS & FORMS BID SUBMITTAL FORMAT Bidders must submit (1) original and four (4) copies of the Bid, and one electronic file, USB or CD. The original Bid must contain an original signature. Be sure that the individual signing the Bid is authorized to commit the Bidder's organization to the Bid as submitted. The City reserves the right to request additional data or material to support Bids. All material submitted in response to the ITB will become the property of the City. The bid must be in the following format at the time of submittal: 1. Company Information In response to this ITB, all vendors must provide the following: • Name of Agency/Company (including any "Doing Business As" names) • Internet Web Site Address (if any) • Details of Entity Business Structure (Corporation, Partnership, LLC) • Date Founded • Contact information, such as telephone number, company locations and email address • Proof of insurance • Provide a history of any Criminal or Civil Litigation for a five-year (5) period of time immediately preceding this ITB • Proposer must submit a copy of Florida Division of Corporations Sunbiz report with your company registered as active. 2. Qualifications Proposer's relevant experience, qualifications and past performance • With reference to specific projects, demonstrate previous experience of similar size and nature. • An explanation of why the vendor is the best qualified to perform the contract including how the firm meets or exceeds the requirements of this ITB. • Current Contracts in Miami -Dade, Broward or Palm Beach, Florida Counties. 3. References Each Proposer must submit a list of four (4) references of Current and Past Customers, preferably, at least one of these being a government agency of which they have provided services similar in scope and size of those described herein. No staff at the City of Sunny Isles Beach staff shall be listed as a reference. The City retains the right to request any additional information pertaining to the bidder's ability, qualifications, and procedures used to accomplish all work under the contract as it deems necessary to ensure safe and satisfactory work. City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 HYPOWER, INC. 'qtr oP su,4 Ft. 4. Bid Packet Bidders must include the following Bid Forms & Affidavits: Bid Form 1 ................................................... Bid Submittal Form Bid Form 2.......................................Addenda Acknowledgement BidForm 3................................................................ Bid Pricing Affidavit............................................................... Non -Collusion Affidavit...................................................... Public Entity Crimes Affidavit ............................. Equal Opportunity/Affirmative Action Affidavit........................................................ Conflict of Interest Affidavit........................................................ Dispute Disclosure Affidavit................................................................Anti-Kickback Affidavit .............................. Contractor Anti -Boycott Certification Affidavit........................................................................ E -Verify Affidavit...................................................................... Bid bond Affidavit........................................................ Performance bond FAILURE TO SIGN BID FORMS 1-3 WILL RENDER YOUR BID NDN -RESPONSIVE Er(c Paul -HUS (Vice -President Hypower, Inc. City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 HYPL)WtK, INL. DELIVER TO. City of Sunny Isles Beach City Clerk 18070 Collins Avenue Sunny Isles Beach, FL 33160 INVITATION TO BID SECTION 4 BID SUBMITTAL FORMS "4 -,i Sjt4 At. OPENING: 2:30 P.M. 09/28/2021 PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued Purchasing Date This Bid Submittal Consists of by: Agent: Issued: Pages 23 through 44 (including Mauricio 8-16-21 all documents within Affidavits) Betancur Sealed bids are subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. ITB No. 21-08-01 Golden Shores Utility Undergrounding A Bid Deposit in the amount of 50/a of the total amount of the bid shall accompany all bids A Performance Bond in the amount of 1000/6 of the total amount of the bid will be required upon execution of the contract by the successful bidder and City of Sunny Isles Beach. ProcurementAoent: Firm Name., Mauricio Betancur HYPOWER,INC. FAILURE TO SIGN PAGE 22 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 ADDENDA ACKNOWLED EMENT INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID PART II: Addendum #1, Dated 09/03/21 Addendum #2, Dated 09/16/21 Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID COMPANY NAME: AUTHORIZED SIGNATURE: TITLE OF OFFICER: INC. ' Eric P"aul- Senior Vice-Presiden* DATE: 09/28/21 City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 BID PRICING Bid Title: Golden Shores Utility Undergrounding The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. The Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Bidder agrees to sign and submit the Agreement and other documents required by the Bidding Requirements within ten days after the date of the City's Notice of Award. In submitting this Bid, the Bidder represents, as more fully set forth in the Agreement, that: The Bidder has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. ■ The Bidder has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Bidder. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; the Bidder has not solicited or induced any person, firm or corporation to refrain from Bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidders or over the City. The Bidder understands and agrees that the Bid is for unit prices to furnish and install individual Work Items, complete in place. Quantity estimates are provided for the purpose of Bid Evaluation and to establish unit prices for individual Work Items to be contracted by the City, based on the unit prices established under this Bid. The City and the successful Bidder will establish completion times for each individual Work Item and the successful Bidder agrees that the work will be completed within the time frames agreed upon and stipulated in the individual Purchase Orders and/or Notice to Proceed. City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 HYPOWER, INC �toIDP 5144r"' Note: Some pay items are broken down into material and labor costs. The Sum of these two costs determines the total unit costs. Total Unit Cost will be used to determine Base Price. Where material provided by others, material unit costs to not apply. Cost that do not apply are marked "N/A". Cost included in Total Unit Cost are identified as "INCL". City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 HYPOWER, INC. Total Unit Base Price Quantity Unit Labor Unit Material Cost (total unit Cost Unit Cost (labor + cost x material) quantity) 1 Bonds and Insurance 1 LS INCL INCL 51 750.00 51 750.00 2 Mobilization 1 LS INCL INCL 225,500.00 225,500.00 3 Maintenance of Traffic 18 MONTHLY INCL INCL 7,670.00 138,060.00 4 Testing, Surveying and 1 LS INCL INCL 591800.00 599800.00 Miscellaneous 6 Indemnification Allowance 1 LS NIA N/A $100 $100 SUBTOTAL DIVISION 1 475,210.00 r - Install only one(1)-6 inch PVC schedule 40 conduit bundled in 6 one main trench with others for 1,374 LF 30.00 N/A 41,220.00 FPL Utility (FPL to furnish material) Install only two (2)-6 inch PVC schedule 40 conduit bundled in 7 one main trench with others for 172 LF 4700 N/A 47.00 8,084.00 FPL Utility (FPL to furnish material) Install only three (3)-6 inch PVC schedule 40 conduit bundled in 8 one main trench with others for 20 LF 76.00 N/A 76.00 1,520.00 FPL Utility (FPL to furnish material) City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 HYPOWER, INC. City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 I-rdoiPiv19:MI►[� Total Unit Base Price Quantity Unit Labor Unit Material Cost (total unit - - , Cost Unit Cost (labor + cost x material) quantity) Install only one (1)-2 inch PVC schedule 40 conduit bundled in 9 one main trench with others for 1,085 LF I N/A 30.00 32,550.00 FPL Utility (FPL to furnish material) Install only two (2)-2 inch PVC schedule 40 conduit bundled in 10 one main trench with others for 2,126 LF 30.00 N/A 30.00 63,780.00 FPL Utility (FPL to furnish material) Install only three (3)-2 inch PVC schedule 40 conduit bundled in 11 one main trench with others for 10,853 LF 30.00 N/A 30.00 325,590.00 FPL Utility (FPL to furnish material) Install only four (4)-2 inch PVC schedule 40 conduit bundled in 12 one main trench with others for 23 LF N/A 37.00 851.00 FPL Utility (FPL to furnish material) Install only six (6)-2 inch PVC schedule 40 conduit bundled in 13 one main trench with others for 70 LF 46.00 N/A 46.00 3,220.00 FPL Utility (FPL to furnish material) Install only nine (9)-2 inch PVC schedule 40 conduit bundled in 14 one main trench with others for 135 LF 45.00 N/A 45.00 6,075.00 FPL Utility .(FPL to furnish material) Install only feeder splice box for 15 FPL Utility (FPL to furnish 4 EA 2,652.00 N/A 2,652.00 10,608.00 material) Install only concrete pad for vista 16 switch cabinets for FPL Utility 2 EA 1,448.00 N/A 1,448.00 2,896.00 (FPL to furnish material) City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 I-rdoiPiv19:MI►[� "C "(4 City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 HYPOWER, INC. Base Total Unit price Quantity Unit Labor Unit Material Cost (total unit - Cost Unit Cost (labor + cost x material) quantity) Install only 50" splice box for 17 FPL Utility (FPL to furnish 6 EA 676.00 NIA 676.00 4,056.0 material 78 Install only 30"handhole for FPL 26 EA 427.00 NIA 427.00 11,102.00 Utility (FPL to furnish material) Install only concrete pad for 19190 transformers for FPL Utility 62 EA 429.00 NIA 429.00 26,598.00 (FPL to furnish material) Install only 18"x24" service pull 20 boxes for FPL Utility (FPL to 238 EA 321.00 NIA 6,398.00 furnish material) Supply and install only two (2)4 inch PVC schedule 40 conduit 21 bundled in one main trench 3,125 LF 14.00 25.61 39.61 123,781.25 with others for Atlantic Broadband Supply and install only four (4)- 4 inch PVC schedule 40 conduit 22 bundled in one main trench 4,797 LF 39.95 61.20 293,576.40 with others for Atlantic Broadband Supply and install only six (6)-4 inch PVC schedule 40 conduit 23 bundled in one main trench 350 LF 24.00 60.00 84.00 29,400.00 with others for Atlantic Broadband Supply and install only eight (8)- 4 inch PVC schedule 40 conduit 24 bundled in one main trench 10 LF 42.00 79.27 121.27 1,212.70 with others for Atlantic Broadband City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 HYPOWER, INC. c,p�, iJF a�yy11 City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 • HYPOWER, IN( Base Total Unit Price Quantity Unit Labor Unit Material Cost (total unit . Cost Unit Cost (labor + cost x material) quantity) Supply and install only twelve (12 )-4 inch PVC schedule 40 25 conduit bundled in one main 7 LF 60.00 117.00 1,239.00 trench with others for Atlantic Broadband Supply and install only two (2)-4 26 inch PVC schedule 40 conduit 8,921 LF 12.85 17.93 30.78 274,588.38 bundled in one main trench with others for AT&T Supply and install only four (4)- 27 4 inch PVC schedule 40 conduit 1,741 LF bundled in one main trench 20.00 33.85 -- 93,752.85 with others for AT&T Supply and install only six (6)-4 28 inch PVC schedule 40 conduit 213 LF 35.00 50.00 85.00 18,105.00 bundled in one main trench with others for AT&T Supply and install only one (1)-2 29 inch PVC schedule 40 conduit bundled in one main trench 6,330 LF 8.40 5.58 13.98 88,493.40 with others for AT&T Supply and install only two (2)-2 30 inch PVC schedule 40 conduit bundled in one main trench 3,208 LF 12.00 1 22.58 72,436.64 with others for AT&T 31 Supply and install only 10"x 15" handhole for AT&T 84 EA 270.00 192.00 462.00 38,808.00 32 Supply and install only 17"x 30" handhole for AT&T 48 EA 371.00 222.00 593.00 28,464.00 33 Supply and install only 30"x 48"x36" handhole for AT&T 16 EA 700.00 528.00 1,228.00 19,648.00 Supply and install only two (2)- 34 2 -inch PVC schedule 40 conduit 293 LF bundled in one main trench 10.00 10.45 20.45 5,991.85 with others for City conduit City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 • HYPOWER, IN( -' Base Total Unit Price Quantity Unit Labor Unit Material Cost (total unit Cost Unit Cost (labor + cost x material) quantity) Supply and install only four (4)- 35 2 inch PVC schedule 40 conduit bundled in one main trench 10,944 LF 13.12 20.02 33.14 362,684.16 with others for City conduit Supply and install only eight (8)- 36 2 inch PVC schedule 40 conduit 358 LF 16.00 40.47 56.47 20,216.26 bundled in one main trench with others for City conduit Supply and install only 37 24"X13"X12" pull box for City 20 EA 388.00 285.00 673.00 13,460.00 conduit 38 Flowable Fill 97,125 CF INCL. INCL. 4.14 402,097.50 39 Asphalt Mill & Resurface 34,583 SY INCL. INCL. 17.90 619,035.70 40 Construct Concrete Sidewalk 1 ALLOWANCE INCL. INCL. $320,000 320,000.00 41 Urban Walkway 1 ALLOWANCE INCL. INCL. $225,000 225,000.00 42 Concrete fill over FPL conduits 1 ALLOWANCE INCL. INCL. $15,000 15,000.00 43 CONTINGENCY 1 ALLOWANCE N/A NIA $250,000 250 000.00 TOTAL BID PRICE (Bid Items 1 through 43) $4,406,749.09 City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 HYPOWER, INi Firm Name: HYPOWER, INC. Street Address: 5913 NW 31st. Avenue / Fort Lauderdale, FI. 33309 Mailing Address (if different): Telephone No. Email Address: epaul-hus@hypowerinc.com Fax No. N/A FEIN No. 3jj-�LZ7/LL2/_!j/ 9 * "By signing this document the b/dder agrees to a// Terms Signature: (Signature Print Name: Eric Paul-Hus _,enior Vice -President THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID NOW RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT, WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 City of Sunny Isles Beach I Invitation to Bid No. 21-08-01 TyNT ! NON -COLLUSION AFFIDAVIT City of Sunny Isles Beach �•`;9\ *'* r 18070 Collins Avenue SF ➢>,-pLOR�O + Sunny Isles Beach, FL 33160 C/rr OF SU�'�NO Telephone: (305) 847-0606 Fax: (305) 948-3113 STATE OF FLORIDA COUNTY OF 8roward I The undersigned being first duly swom as provided by law, deposes, and says: This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of, HYPOWER, INC. (Name of Corporation, Partnership, Individual, etc.) a, General Contractor (Type of Business) of which he is Senior Vice -President , formed under the laws of Florida (State) (Sole Owner, Partner, President, etc.) Neither the undersigned nor any person, firm, or corporation named above nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. .I Senior Vice -President AF NT'S N E CIC - US AFFIANT'S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this 28 day of September '2021 Personally Known or Produced Identification Type of identification (Affix seal here) �s ARTHUR CLIFFORD SPITZER Notary Pubiic • State of Florida Commission > GG 93 8473 -°F My Comm. Expires Dec 1p, 2023 Bond through National NotaAsAs ry sn, NOTARY PUBLIC (name printed or typed) 1 of 12 t VNNY JS�Fl �O B9 _ PUBLIC ENTITY CRIMES n City of Sunny Isles Beach •`� ` Olt- Collins Avenue 6R c99' Y FaL o o Q'+w' Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub -Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Sunny Isles Beach by Eric Paul-Hus / Senior Vice -President [print individual's name and tide] for Hypower, Inc. [print name of entity submitting sworn statement] whose business address is: 5913 NW 31 st. Avenue / Fort Lauderdale, FI. 33309 and (if applicable) its Federal Employer Identification number (FEIN) is 88-0271249 (if the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair 2of12 market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANYORMATION CONTAINED IN THIS FORM. By: (Sign E•rf - us (Printed Name) Senior Vice -President (Title) Sworn to and subscribed before me this no day of September , 20 21 , by ( + "y IfU� CLIFFORD SPiT2ER ��Notary Public - State of Florida '` Commission X GG 938473 Sign tur€jr Pu is —State of Florida orM1 My Comm. Expires Dec f0. 2023 Sign z �� ��/�z- Bonded through National Nota ry assn. Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced 3of12 '+ n OF SUN EOUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: i Title: _ Senior Vice -President Firm: Hypower, Inc. Address: 5913 NW 31st. Avenue Fort Lauderdale . FI. 33309 4of12 yF `r...�»FLOR s C/T OF SUN N� CONFLICT OF INTEREST City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles each, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF Broward BEFORE ME, the undersigned authority, personally appeared who was duly sworn, deposes, and states: Eric Paul-Hus 1. 1 am the Senior Vice -President of Hypower, Inc. with a local office in N/A and principal office in 5913 NW 31st. Avenue Fort Lauderdale FI. 33309 2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. described as Utility Undergrounding for Golden Shores . The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 4. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 5. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 6. Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. 1 certify that no member of the entity's ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. B. I certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated this day of September , 2021 _-� Eric Paul-Hus / Senior Vice -President Print or Type Name and Title Sworn to and subscribed before me this 28 day of September 2021 1=1 Personally Known, OR ❑ Produced Identification -Type of Identification Syr"o'^• ARTHUR CLIFFORD 5k0T7ER NOTARY PUBLIC STATE OF FLORI _ Notary public -State of Florida u My Comm. Expires Dec t0, 2023 5 of 12 Bonded through National Notary Assn. �.�..... DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES NO 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES _ NO 3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES X NO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. Please see attached statement I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. Hypower, Inc. Firm yam' Autho d Sign ure 09/28/21 Date Eric Paul-Hus / Senior Vice -President Print or Type Name and Title 6of12 ppppppppp— INC. ELECTRICAL & UTILITY CONTRACTOR 9/28/2021 Board of City Commissioners City of Sunny Isles Beach RE: Hypower, Inc. — Five-year Litigation Disclosure Commissioners: 888-978-9300 a 24/7 Emergency Service Available Headquarters 5913 NW 31stAvenue Fort Lauderdale, Florida 33309 LEED Certified Service and Fleet Yard 1645 NW 33rd Street Pompano Beach, Flonda 33064 During the past five (5) years, Hypower has been involved in litigation on a limited number of occasions to (i) protect its right to recover payment or (ii) defend claims by subcontractors seeking payment beyond that called for by the relevant contract, or in response to claims (a) asserted by condominium associations against Hypower's customer a general contractor and most or all the project subcontractors, or (b) to defend automobile liability or employment law claims. A summary of litigation other than that covered by insurance defense is attached. We experience a relatively small amount of litigation considering that Hypower's annual volume during the same period has included $436 million in total revenue, involving more than 3000 contract jobs and service work orders. Hypower's philosophy is to seek early, amicable resolution of disagreements and we actively negotiate, where possible, to include an escalation of disputes for objective and early consideration by senior representatives of involved players to avoid the distraction and expense of litigation. In the event our proposal is competitive, we will be happy to provide a more detailed information regarding such proceedings. Respectfully, Hypower, Inc. Eric Paul -H s Senior Vice -President G ELECTRICAL & UTILITY CONTRACTOR 888-978-9300 0 2411 Emergency Service Avaiiable Headquarters 5913 NW 31st Avenue Fort Lauderdale, Florida 33309 LEED Certified Service and Fleet Yard 1645 NW 33rd Street Pompano Beach, Florida 33084 Hypower, Inc. five-year litigation summary for the preceding five (5) years September 2021: • Hypower, Inc. vs. Fusion Mechanical LLC, et al. - Broward County Circuit Court — Hypower's claim for breach of contract arising out of subcontractor default and abandonment • Fusion Mechanical LLC, et al. vs Hypower, Inc., et al. - Pittsylvania County Virginia Circuit Court— Defense of Subcontractor claim to against Hypower, developer and property Owners seeking to foreclose mechanics lien and damages for alleged breach of contract • Hypower, Inc. vs Suffolk Construction Company, Inc. - Miami -Dade County Circuit Court —Hypower's claim for breach of contract — Status: Pending with ongoing discovery; No trial date set • Landrieu Concrete & Cement Industries, Inc. vs. Hypower, Inc., Inc. — Broward County Circuit Court — Defense of claim for alleged breach of contract or negligence - Status: Pending with ongoing discovery; No trial date set • Hypower, Inc. vs Tutor Perini Fort Lauderdale -Hollywood Venture and Sureties — Hypower's claim for breach of prime contractor's payment bond - Status: Pending with ongoing discovery; No trial date set • Fire Alarm Systems & Security, Inc. vs. Hypower - Broward County Circuit Court — Breach of contract claim and counterclaim - Status: Pending with ongoing discovery; No trial date set. • Hypower, Inc. vs Plaza Construction Group Florida, LLC, and Di Lido Beach Hotel Corporation — Hypower's claim for breach of contract and to foreclose construction lien - Status: Settled on terms favorable to Hypower • Gator Boring vs Hypower, Inc./ Hypower, Inc. vs Utilities Commission - Volusia County Circuit Court —Hypower defense of subcontractor claim alleging breach of contract and Hypower's claim for indemnity against the project owner - Status: Subcontractor's claim tried without jury in September 2020 and awaiting final order — Hypower's claim for indemnity remains pending subject to final order in underlying lawsuit • Hypower, Inc. vs Strata - Orange County Civil Superior Court, North Carolina — Hypower's claim for breach of contract - Status: Settled following verdict on terms favorable to Hypower • Allied Steel vs Hypower, Inc. — Broward County Circuit Court — Breach of contract claim and counterclaim - Status: Settled on terms favorable to Hypower Attn: To Whom It May Concern Page 2 of 3 September 28, 2021 ELECTRICAL Si UTILITY CONTRACTOR 888-978-9300 0 24,7 Emergency Service Available Headquarters 5913 NW 31st Avenue Fort Lauderdale, Florida 33309 LEED Certified Service and Fleet Yard 1645 NW 33rd Street Pompano Beach, Florida 33064 Hypower, Inc. five-year litigation summary for the preceding five (5) years September 2021: Crider/Far West vs Hypower, Inc. — Hypower's defense of breach of contract claim by factoring company that provided financing to a defaulting subcontractor and various Hypower counterclaims - Status: Settled on terms favorable to Hypower Hypower, Inc. Inc Plaintiff vs. Fidelity and Deposit Company of Maryland — Hypower's claim to foreclose a Construction Lien against lien transfer bond - Status: Settled on terms favorable to Hypower In the same period Hypower, Inc., Inc., has been a defendant in various (i) automobile liability, (ii) employment, and (iii) construction defect claims arising out of condominium construction. Each such claim has been/is being managed by defense provided by Hypower, Inc. 's insurers. Attn: To Whom It May Concern Page 3 of 3 September 28, 2021 SJNNY !S< or' Ffe P SE 99; _+ FAL e 0= p Q SWC �r or suK oa STATE OF FLORIDA COUNTY OF Broward ANTI -KICKBACK City of Sunny Isles Beach 16070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 ANTI -KICKBACK AFFIDAVIT I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. I By: Ric Pau - Title: Senior Vice -President The foregoing instrument was acknowledged before me this day of September 01 2021 , by Eric Paul-Hus [name of person], as Senior Vice -President [type of authority], for Hypo, jr, Inc. [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: U CLIFFORD SPITZERlic • State of Floridasion M GG 938473Expires Dec 10,National Notary AO n3 Notary Public — State of Florida IAAIC� CSL/ dOLz ?�Oz Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced 7of12 CONTRACTOR ANTI -BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE § 215.47251 I, Eric Paul-Hus , on behalf of Hypower, Inc. , Print Name Company Name certifies that Hypower, Inc. does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. CA�� - - Signa e s Senior Vice -President Title 09/28/21 Date Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (.ittps://www.e-verify.eov/employers/`enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Hypower, Inc. Company Name 3��� - 09/28/21 Offeror§4ature r Date Eric Paul-Hus Print Name 88-0271249 Federal Employer Identification Number (FEIN) Senior Vice-Presiden Title Sworn to and subscribed before me on this this 28 day of September , 20;2821 By Z�%Z!B 11-7,rlL -Ile-jr [! Is personally known to me ❑ Has produced identification (type of identification produced: ure of Notary Public Ishoopry+, ARTHUR CLIFFORD SPITZER NI,-" Notary Public • State of Florida y ` Commission k GG 938473 �/ ) 'h4p ly riri tirg A, �11Wii fit► Assn. Expiration Date 9OF12 O� SvpNY lst s•�aaa pr � fLOP C 4i STATE OF FLORIDA ) COUNTY OF Miami -Dace BID BOND City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 KNOW ALL MEN BY THESE PRESENTS, that we, Hypower, Inc. as Principal, and Berkshire Hathaway Specialty Insurance Company as surety, are held and firmly bound unto the city of Sunny Isles such a muni i al conpQ.�a on of the Sta of Florida hereinafter referred to as the Owner in the sum of Five Percent o�mouni tfld Dollars ($--"%"-- ], lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. 'SANT' ,QF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated, Utility ti I tt33�GU1U1 grpo, uunncling for Golden Shores - Project no. 21-08-01 WHEREAS, it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the Proposers would, if awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written notice of such acceptance, enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond, satisfactory to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. IN W NESS WHEREOF, the abov bonded parties have executed this instrument under their several seals this 28th day of epte i er 20 1 , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: Hypower, Inc. I Ivldual or Partnership Principal Gorr: orate 5913 Northwest 31st Avenue Business Address Fort Lauderdale, FL 33309 City, State, and Zip Code 954-978-9300 Business Telephone DOCUMENT CONTINUES ON NEXT PAGE Affix Corporate Seal Business Facsimile r Please see power of attorney attached ATTE T: 111 Berkshire Hathaway Specialty Insurance Company jeta, (Corporate Surety)* Charles J. Nielson, Attorney-in-fact *Impress Corporate Seal IMPORTANT By: Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. 10 of 12 Berkshire Hathaway Lb Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/ NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, NATIONAL INDEMNITY COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies'), pursuant to and by the authority granted asset forth herein, do hereby name, constitute and appoint: Charles D. Nielson. Shawn Burton, David Hoover. Charles J. Nielson, Laura Mosholder. 15050 NW 79th Court, Suite20% of the city of Miami Lakes, State of Florida their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney -in - Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of December 20, 2018. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. The following signature by an authorized officer of the Company may be a facsimile, which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney, including satisfaction of any signature requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, I By: David Fields, Executive Vice President ,SPEGA(j,r4�._ �UAL ~Eeeea+� ,pa' * Fps NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: David Fields, Vice President f�pPRAn R �'SG 2+'at?RLiYf"�; a SGIIET �+ SEAL n n r6y,�4H� N;1 F� t�a�pA�N�C„`�J a1�0 NOTARY State of Massachusetts, County of Suffolk, ss: On this 20th day of December, 2018, before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal] GEOFFERY A. DELISIO Notary Public Commonwealth of Massachusetts My Comm. Expires November 29, 2024 Notary Public I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this September 28. 2021. SPEGAt"FIRE I > P:�ae�P�er/ra•�lo of �aPOANSG . �.� SURETY i2 - SURETY y; a SL'ItETY SEAL A,' Fpt�• SEAL, fat SEAL t_ l • rfa ��5 1F6aAS'I'��, 1 Ydy.`ri4..ayA:OhNcs\G.Say+.� BHSIC, NICO & NLF POA (2018) 22984 Officer 4 SJ�NY is 1Fr O,• B PERFORMANCE BOND City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 rr ar suN "" Telephone: (305) 947-0606 Fax: (305) 949-3113 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ } for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No, awarded the day of , 20 , with in accordance with contract documents prepared by the City of Sunny Isles Beach, hereinafter referred to as the Owner which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: 1. Fully performs the Contract between the Contractor and the City for services described within (Bid No. ) within calendar days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains because of default by Contractor under the Contract; and 3. Upon notification by the City corrects any and all defective or faulty Work or materials which appear within one and one half (1 1/2) years, and: 4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having performed City's obligations there under, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Contract in accordance with its terms and conditions; or 4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Proposers, or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest, qualified, responsible and responsive Proposers, arrange for a Contract between such Proposers and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price." as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this. day of , 20 WITNESS: BY: Secretary (CORPORATE SEAL) (Name of Corporation) (Signature) (Type Name and Title Signed Above) IN THE PRESENCE OF; INSURANCE COMPANY: BY: * (Power of Attorney must be attached) STATE OF FLORIDA COUNTY OF *Agent and Attorney -in -Fact (Address) (City/State/Zip Code) (Telephone) The foregoing instrument was acknowledged before me this day of , 20 , by _ [name of person], as [type of authority], for [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: Signature: Notary Public — State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced 12 of 12 Company Overview Legal Name Hypower Inc. Date Established April 24, 1991 Number of Employees 400+ Headquarters 5913 NW 31 st Ave. Fort Lauderdale Florida, 33309 Phone Number 888-978-9300 Website www.hypowerinc.com Our Core Values We value our RELATIONSHIPS. We value RESULTS. We value PROFESSIONALISM. We value CONTINUOUS IMPROVEMENT. We value our COMMUNITY. 11NC. ELECTRICAL & UTILITY CONTRACTOR Officers / Ownership Bernard Paul-Hus, President & Treasurer / 66% Eric Paul-Hus, Sr. Vice President/ 34% Federal Taxpayer ID Number 88-0271249 Type of Business Private S -Corporation State of Incorporation: FL Licenses FL Unlimited General Contractor FL Unlimited Electrical Contractor FL Unlimited Utility Contractor FL State PE Hypower is licensed or certified as a contractor in 30+ states. Hypower is SAM.gov and FDOT authorized, and prequalified with Avetta and ISNetworld. Hypower supports government projects. Hypower Safety Interstate EMR: 2021-.6S 2020-.71 2019-.65 We perform all Division 16 and 17 work for projects up to $50 MM. Our employees are organized in six operational service groups: 1. Airfield Lighting and Service 2. Electrical Construction 3. Power Infrastructure 4. Telecommunications OSP 5. Renewable Energy EPC 6.24/7 Commercial Electrical Service, Repair and Maintenance Financial Information Bank Bank United 900 SE 3rd Avenue, Suite 200 Ft. Lauderdale, FL 33316 RickThill : (954) 712-2863 Line of credit $10 MM Surety Agent Nielson, Hoover & Associates 8000 Governors Square Blvd. Suite 101 Miami Lakes, Florida 33015 Chuck Nielson (305) 722-2663 Surety Limits $60 MM Single Project $180 MM Aggregate Insurance Agent Brown & Brown 1201 W Cypress Creek Rd. Suite 130 Fort Lauderdale, FL 33309 Jim Murphy: (954) 331-1421 Gen Liab.: $10MM Aggregate Recent Gross Sales/ Hours Worked 2020- $ 91 MM / 775,640 2019 - $ 100 MM / 887,196 2018 - $ 77 MM / 796,261 2017 - $ 90 MM / 1,057,963 2016 - $ 70 MM / 743,637 Recent Large Projects Brightline Fiber: $51 MM NBC Telemundo HQ: $26 MM FPL Fibernet $20 MM Norwegian Terminal B: $20MM Amazon Project Flash: $17MM Margaritaville: $16.3 MM Turnberry Isle: $15.8 MM NAILS Codes 221114 - Solar Farms; Power generation, solar electric 221119 - Other Electric Power Generation 221121 - Electric Bulk Power Transmission and Control 221122 - Electric Power Distribution 237130 - Power & Communication Line and Related Structures Construction Alternative energy (e.g., geothermal, ocean wave, solar, wind) structure construction 238210 - Electrical Contractors and Other Wiring Installation Contractors 238290 - Other Building Equipment Contractors 238910 - Site Preparation Contractors 238990 - All Other Specialty Trade Contractors 541330 - Engineering Services 541690 - Other Scientific and Technical Consulting Services 561621 - Security Systems Services (except Locksmiths) 221119 - Other Electric Power Generation SPECIALTY CONTRACTOR PROJECT OF THE YEAR 2020 ABC �I AflG MMA,,. Trade References Graybar Electric Company Adam Whitescarver (954) 977-6800 1255 NW 21 ST Street Pompano Beach, FL 33069 Rexel Jackie Faulk (407) 849-6532 4150 N John Young Parkway Orlando, FL 32804 World Electric Supply Ron Rampersaud (954) 979-3030 11010 NW 30th St, Ste. 106 Doral, FL 33172 Affiliations: SEBA M E M M E it _ ►1 UG ►�Poft �:_� �"p b-=gi: 4'4/fwR� � AIILr�, fMN� ENR TOP i U vf 010A A 2 !10"12'V! 1 a � ELECTRICAL & UTILITY (-:ONThA&" d- T*key'SupOqto Electric UtilityClients POWER NationvVide S-inice 114FRMTRMURF I m N .;".o .} POWER INMASTRUCTURE SERVICES Ranked by ENR magazine as a top electrical and utility contracting company in the Southeast, Hypower works with some of the leading general contractors, utilities, developers, and institutions in the United States. Founded in 1991 and; headquartered in Fort Lauderdale, Florida, Hypower currently employs more than 400 people and has successfully completed over 1,000 projects valued at over $1 billion. Hypower consistently ranks at the top of its class nationally for its exemplary record of safety and innovation within the construction market. Hypower is an EPC contractor that constructs efficient and reliable electrical transmission and distribution systems. By combining cutting- edge technology with innovative design, engineering, construction and maintenance capabilities Hypower's team delivers on time and budget. Hypower provides full engineering, design and construction support to electric utility clients nationwide on power infrastructure initiatives. Hypower is exceptionally qualified to deliver turn -key power solutions and has completed installations ranging from 4 kV to 500 kV. Our team of highly specialized and trained engineers, technicians and professionals are specially prepared to meet our client's needs regardless of complexity, location or technology. We are ,available day or night for emergency restoration and disaster recovery. Our core values of building strong Relationships, Professionalism, deliver quality Results, striving for Continuous Improvement and involvement in our Communities, continue to set Hypower above and beyond our competitors. Construction Services ■ Trench Excavation : Conduit/Cable Plowing • Directional Drilling ■ Jack and Bores ■ Hand hole/Pu llbox Placement ■ Manhole Placement r Cable Placement — Pull or Pneumatic Method ■ Ductbank Relocation Services ■ Ladder Rack Installation ■ Auxiliary Frame Installation • Core Drilling ■ Fire Stop Construction ■ Medium Voltage Wire Placement ■ Full Overhead to Underground Power Conversion ■ Switch, Transformer and Junction Box Installations ■ Switch Gear ■ Duct Bank Infrastructure Installation ■ 4kV to 500 kV AfFiiliations �� � r•� PO�df:y�xn�i�..a�.Ca4a[pyASsa�+� _ — MEA M E M B' E (i. `i �n�i�u� rwyw�i..meu iaecrwia'unenuneh Nucq SVP of Power Infrastructure 04 Eric Paul-Hus Eric's 30 year background in the utility construction field includes a solid foundation in underground solutions. He has extensive experience in system design and construction management. Eric is responsible for the success of projects from inception to completion to ensure project quality and customer satisfaction. Properly Licensed Our staff includes: ■ Unlimited Electrical Contractor ■ Unlimited General Contractor ■ Unlimited Utility Contractor ■ FL State PE ■ Licenses in 30+ States "FPL & 'A�T' &T .1 CONTRACTOR ti ACC>R "® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 09/24/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT James Murphy NAME: PHONE(954) 776-2222 FAX (954) 776-4446 o ExtI: IAIC, Nol: AIC No. Brown & Brown of Florida, Inc. 1201 W Cypress Creek Rd E-MAIL ADDRESS: Certs@bbftlaud.com INSURER(S) AFFORDING COVERAGE NAIC # Suite 130 Fort Lauderdale FL 33309 INSURERA: Zurich American Insurance Company 16535 INSURED INSURER B: American Guarantee and Liability Insurance Company 26247 Hypower, Inc. INSURER C : 5913 NW 31 stAvenue INSURER D: INSURER E: MED EXP (Any one person) $ 10,000 Fort Lauderdale FL 33309 INSURER F: COVERAGES CERTIFICATE NUMBER. CL2141254719 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDDIYYYY LIMITS Sunny Isles Beach FL 33160-0000'���f� COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE © OCCUR PREMISES Ea occurren$ 300,000 ce MED EXP (Any one person) $ 10,000 Contractural Liability X XCU Included PERSONAL &ADV INJURY $ 1,000,000 A Y GLOO11540106 05/01/2021 05/01/2022 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY JECT PRO LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINEa accidentD SINGLE LIMIT $ 2,000,000 E BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS BAP011540306 05/01/2021 05/01/2022 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident, HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PIP $ 10,000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 B EXCEss LIAB CLAIMS -MADE AUC932011607 05/01/2021 05/01/2022 DED I X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE a OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A WC011540206 05/01/2021 05/01/2022 X SPER TATUTE EORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) . ITB 21-08-01 Utility Undergrounding Golden Shores City of Sunny Isles Beach is additional insured with respect to General Liability if required by written contract. CERTIFICATE HOLDER CANCELLATION @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sunny Isles Beach ACCORDANCE WITH THE POLICY PROVISIONS. 18070 Collins Avenue AUTHORIZED REPRESENTATIVE Sunny Isles Beach FL 33160-0000'���f� @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Additional Insured —Automatic — Owners, Lessees Or Contractors 0 ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddT Prem Return Prem. GLO0115401-06 05/01/2021 05/01/2022 05/01/2021 84032000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, Named Insured: Hypower, Inc. Address 5913 NW 311t Avenue Fort Lauderdale, FL. 33309 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U -GL -1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U -GL -1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PHYP pppppppp, .. - INC, ELECTRICAL & UTILITY CONTRACTOR 9/28/2021 Board of City Commissioners City of Sunny Isles Beach RE: Hypower, Inc. — Five-year Litigation Disclosure Commissioners: 888-978-9300 24,7 Emergency Service Available Headquarters 5913 NW 31st Avenue Fort Lauderdale, Flonda 33309 LEED Certified Service and Fleet Yard 1645 NW 33rd Street Pompano Beach, Florida 33064 During the past five (5) years, Hypower has been involved in litigation on a limited number of occasions to (i) protect its right to recover payment or (ii) defend claims by subcontractors seeking payment beyond that called for by the relevant contract, or in response to claims (a) asserted by condominium associations against Hypower's customer a general contractor and most or all the project subcontractors, or (b) to defend automobile liability or employment law claims. A summary of litigation other than that covered by insurance defense is attached. We experience a relatively small amount of litigation considering that Hypower's annual volume during the same period has included $436 million in total revenue, involving more than 3000 contract jobs and service work orders. Hypower's philosophy is to seek early, amicable resolution of disagreements and we actively negotiate, where possible, to include an escalation of disputes for objective and early consideration by senior representatives of involved players to avoid the distraction and expense of litigation. In the event our proposal is competitive, we will be happy to provide a more detailed information regarding such proceedings. Respectfully, Hypower, Inc. ric Paul=H Senior Vice -President IEC ELECTRICAL & UTILITY CONTRACTOR W 888-978-9300 e 24%7 Emergency Service Available Headquarters 5913 NW 31slAvenue Fort Lauderdale Flonda 33309 LEED Certifier !'service and Fleet Yard 1545 NW 33rd Street Beach, Flonda 39084 Hypower, Inc. five-year litigation summary for the preceding five (5) years September 2021: • Hypower, Inc. vs. Fusion Mechanical LLC, et al. - Broward County Circuit Court — Hypower's claim for breach of contract arising out of subcontractor default and abandonment • Fusion Mechanical LLC, et al. vs Hypower, Inc., et al. - Pittsylvania County Virginia Circuit Court— Defense of Subcontractor claim to against Hypower, developer and property Owners seeking to foreclose mechanics lien and damages for alleged breach of contract • Hypower, Inc. vs Suffolk Construction Company, Inc. - Miami -Dade County Circuit Court —Hypower's claim for breach of contract — Status: Pending with ongoing discovery; No trial date set • Landrieu Concrete & Cement Industries, Inc. vs. Hypower, Inc., Inc. — Broward County Circuit Court — Defense of claim for alleged breach of contract or negligence - Status: Pending with ongoing discovery; No trial date set • Hypower, Inc. vs Tutor Perini Fort Lauderdale -Hollywood Venture and Sureties — Hypower's claim for breach of prime contractor's payment bond - Status: Pending with ongoing discovery; No trial date set • Fire Alarm Systems & Security, Inc. vs. Hypower - Broward County Circuit Court — Breach of contract claim and counterclaim - Status: Pending with ongoing discovery; No trial date set. • Hypower, Inc. vs Plaza Construction Group Florida, LLC, and Di Lido Beach Hotel Corporation — Hypower's claim for breach of contract and to foreclose construction lien - Status: Settled on terms favorable to Hypower • Gator Boring vs Hypower, Inc./ Hypower, Inc. vs Utilities Commission - Volusia County Circuit Court —Hypower defense of subcontractor claim alleging breach of contract and Hypower's claim for indemnity against the project owner - Status: Subcontractor's claim tried without jury in September 2020 and awaiting final order — Hypower's claim for indemnity remains pending subject to final order in underlying lawsuit • Hypower, Inc. vs Strata - Orange County Civil Superior Court, North Carolina — Hypower's claim for breach of contract - Status: Settled following verdict on terms favorable to Hypower • Allied Steel vs Hypower, Inc. — Broward County Circuit Court — Breach of contract claim and counterclaim - Status: Settled on terms favorable to Hypower Attn: To Whom It May Concern Page 2 of 3 September 28, 2021 HSP �� ELECTRICAL & UTILITY CONTRACTOR 888-978-9300 e 74 Emergency Ser✓ie a Available Headquarters 5913 NW 31 st Avenue Fort Lauderdale, Florida 33309 LEED Certified Service and Fleet Yard 1645 NW 33rd Street Pompano Beach, Florida 33064 Hypower, Inc. five-year litigation summary for the preceding five (5) years September 2021: Crider/Far West vs Hypower, Inc. — Hypower's defense of breach of contract claim by factoring company that provided financing to a defaulting subcontractor and various Hypower counterclaims - Status: Settled on terms favorable to Hypower Hypower, Inc. Inc Plaintiff vs. Fidelity and Deposit Company of Maryland — Hypower's claim to foreclose a Construction Lien against lien transfer bond - Status: Settled on terms favorable to Hypower In the same period Hypower, Inc., Inc., has been a defendant in various (i) automobile liability, (ii) employment, and (iii) construction defect claims arising out of condominium construction. Each such claim has been/is being managed by defense provided by Hypower, Inc. 's insurers. Attn: To Whom It May Concern Page 3 of 3 September 28, 2021 2021 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P07000134124 Entity Name: HYPOWER, INC. Current Principal Place of Business: 5913 NW 31ST AVENUE FORT LAUDERDALE, FL 33309 Current Mailing Address: 5913 NW 31 ST AVENUE FORT LAUDERDALE, FL 33309 US FEI Number: 88-0271249 Name and Address of Current Registered Agent: CORPORATE CREATIONS NETWORK INC. 801 US HIGHWAY NORTH PALM BEACH, FL 33408 US FILED Feb 17, 2021 Secretary of State 3764887805CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: CAITLIN LAZARUS, SPECIAL SECRETARY 02/17/2021 Electronic Signature of Registered Agent OfficerlDirector Detail : Title PRESIDENT/CEO, TREASURER, SECRETARY, DIRECTOR Name PAUL -HUS, BERNARD Address 5913 NW 31 STAVE City -State -Zip: FORT LAUDERDALE FL 33309 Title VPD Name PAUL -HUS, ERIC Address 5913 NW 31 ST AVE City -State -Zip: FORT LAUDERDALE FL 33309 Date hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: BERNARD PAUL -HUS SECRETARY, BY EMILY 02/17/2021 SCHROEDER, ATTORNEY - I N -FACT Electronic Signature of Signing Officer/Director Detail Date 9/16/21, 5:15 PM Detail by Entity Name DIVISION OF CORPORATIONS Wil'/d�4J! d Oji Org DScartment of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation HYPOWER, INC. EMUg Information Document Number P07000134124 FEI/EIN Number 88-0271249 Date Filed 12/20/2007 Effective Date 04/24/1991 State FL Status ACTIVE Last Event REVOCATION OF VOLUNTARY DISSOLUT Event Date Filed 02/24/2020 Event Effective Date Principal Address 01/0112008 5913 NW 31 ST AVENUE FORT LAUDERDALE, FL 33309 Mailing Address 5913 NW 31ST AVENUE FORT LAUDERDALE, FL 33309 RegisteredAgent Name & Address Corporate Creations Network Inc. 801 US HIGHWAY 1 NORTH PALM BEACH, FL 33408 Name Changed: 04/04/2019 Address Changed: 03/25/2020 Officer/Director Detail Name & Address Title President/CEO, Treasurer, Secretary, Director PAUL -HUS, BERNARD 5913 NW 31 ST AVE FORT LAUDERDALE, FL 33309 Title VPD search.sunbiz.org/inquiry/CorporafionSearch/SearchResukDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder-HYPOWER P07... 1/2 9/16/21, 5:15 PM PAUL -HUS, ERIC 5913 NW 31 ST AVE FORT LAUDERDALE, FL 33309 ►_Till k- - Report Year Filed Date 2019 04/04/2019 2020 02/15/2020 2021 02/17/2021 Document Images Detail by Entity Name 02/17/2021 —ANNUAL REPORT View image in PDF format 02/24/2020 — Revocation of Dissolution View image in PDF format 02/21/2020 — Voluntary Dissolution View image in PDF format 02/15/2020 — ANNUAL REPORT View image in PDF format 04/04/2019 — ANNUAL REPORT View image in PDF format 04/30/2018 —ANNUAL REPORT View image in PDF format 04/08/2017 —ANNUAL REPORT View image in PDF format 07/05/2016 — Amendment View image in PDF format 01/12/2016 — ANNUAL REPORT View image in PDF format 02/11/2015—ANNUAL REPORT View image in PDF format 01/09/2014 —ANNUAL REPORT View image in PDF format 02/04/2013 —ANNUAL REPORT View image in PDF format 01/11/2012—ANNUAL REPORT View image in PDF format 04/19/2011 —ANNUAL REPORT View image in PDF format 01/11/2010—ANNUAL REPORT View image in PDF format 04/14/2009 — ANNUAL REPORT View image in PDF format 02/05/2008 — ANNUAL REPORT View image in PDF format 01/07/2008 — ANNUAL REPORT View image in PDF format View image in PDF format search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder-HYPOWER P07... 2/2 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895 — 954-831-4000 VALID OCTOBER 1, 2Q20 THROUGH SEPTEMBER 30, 2021 DBA: Business Name: HYPOWER INC Owner Name: ERIC JACQUES PAUL -HUS Business Location: 5 913 NW 31 AVE FT LAUDERDALE Business Phone: 954-978-9300 Receipt#:ALZ OTHER TYPES CONTRACTOR Business Type:(UTILITY & EXCAVATION CONTRC' Business Opened:11/07/2003 State/County/Cert/Reg : CUC 12 2 3 8 5 5 Exemption Code: Rooms Seats Employees Machines Professionals 84 For Vending Business Only Number of Machines: Vending Type: Tax Amount Transfer Fee NSF Fe;om Penalty Prior Years Collection Cost Total Paid 150.00 0.00 00 0.00 0.00 T� 0.00 _ 150.00j THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is non -regulatory in nature. You must meet all County and/or Municipality planning WHEN VALIDATED and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business location. This receipt does not indicate that the business is legal. or that it is in compliance with State or local laws and regulations. Mailing Address: ERIC JACQUES PAUL -HUS 5913 NW 31 AVE FORT LAUDERDALE, FL 33309 2020 .2021 Receipt #WW -19-00202751 Paid 08/10/2020 150.00 BROWARD COUNTY LOCAL - BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895 — 954-831-4000 VALID OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021 DBA: HYPOWER INC Receipt #: 189-4187 Business Name: Business Type: ALL OTHER TYPES CONTRACTOR (UTILITY & EXCAVATION CONTRC'. Owner Name: ERIC JACQUES PAUL -HUS Business Location: 5913 NW 31 AVE FT LAUDERDALE Business Phone: 954-978-9300 Business Opened: 11/07/2003 State/County/Cert/Reg: CUC1223855 Exemption Code: Rooms Seats Employees Machines 84 Signature For Vending Business Only Number of Machines: Vendino Tvoe: Professionals Tax Amount I Transfer FeeNSF Fee Penalty Prior Years Collection Cost Total Paid 150.00 0.00j__� 0.001 0.00 0.00 0.001 150.00 Receipt #WNW -19-00202751 Paid 08/10/2020 150.00 "talwWat4im"drVC0 rii n"Cm HYPOWER, INC. CITY OF SUNNY ISLES BEACH 18070 Collins Ave. Sunny Isles Beach, FI, 33160 ITB 21-08-01 Golden Shores Utility Undergrounding Section 4 BID Submittal Instructions & Forms 2. Qualifications • With reference to specific project, demonstrate previous experience of similar size and nature. 1. Project Name: Dania Point Mixed Use Development ($3,466,933.00) Dania Beach, Florida Owner: Hoar Construction Steve Stone (PM) 407-244-8965 Relocate and Install Franchise Dry Utilities for a 100 Acre Multi -Use Complex Overhead to Underground Re -Route of existing Franchise Dry Utilities (FPL, ATT, etc.) around perimeter. Install FPL Feeder and Primary Infrastructure inclusive of Trench & Directional Bore Methods, Full Size Manholes, Feeder Splice Boxes, Primary Splice Boxes, Transformer Pads and Hand - holes throughout the entire project. Complete AT&T infrastructure. 2. Project Name: Utility Undergrounding Initiative PH -2 ($4,016,554.00) Town of Gulf Stream, Florida Owner: Town of Gulf Stream Rita Taylor / Town Clerk 561-276-5116 Grounding of Dry Utilities, Overhead to Underground Re -Route of existing Franchise Dry Utilities (FPL, Communications.) Install FPL Feeder and Primary Infrastructure inclusive of Open Trench and Directional Drill, Full Size Manholes, Feeder Splice Boxes, Primary Splice Boxes, Transformer Pads and Hand - holes throughout the entire project. 3. Project Name: WR 6601823 FPL Ravenswood Feeder ($2,144,934.00) Hollywood, Florida Owner: FP & L Donald Benecchi (PM) 561-691-7190 HYPOWER - 2. Qualifications [Type here] Page 1 of 2 Install approximately 5,000/If of 9 x 6 -in Duct Bank and corresponding manholes, including a directional drill under the railroad tracks. • An explanation of why the vendor is the best qualified to perform the contract including how the firm meets or exceeds the requirements of this ITB. HYPOWER - 2. Qualifications [Type here] Page 2 of 2 111---4 0 HYPOWER, INC. ITB 21-08-01 Utility Undergrounding Golden Shores Section 4 Bid Submittal Instructions & Forms Bid Submittal Format 2. Qualifications An explanation of why the vendor is best qualified to perform the contract including how the firm meets or exceeds the requirements of this ITB. Hypower Inc. Headquarters 5913 NW 31st Avenue, Fort Lauderdale, FL 33309 ..�,.ru■,r,,,,, ,.pro„ Phone: 888-978-9300 www.hypowednc.com � INTRODUCTION Ranked by ENR magazine as a top electrical and utility contracting company in the Southeast, Hypower, Inc. works with some of the leading general contractors, utilities, developers, and municipalities and government institutions in the United States. The company operates through several divisions that specialize in electrical building construction, outside plant power and communications projects, prime electrical infrastructure, airfield lighting, and ground -mount solar nationwide. Hypower also specializes in 24/7 commercial and industrial electrical service and repair in South Florida. Founded in 1991 and headquartered in Fort Lauderdale, Florida, Hypower is a family-owned company that currently employs more than 400 people and has successfully completed over 1,000 projects valued at over $1 billion. Hypower consistently ranks at the top of its class nationally for its exemplary record of safety and innovation within the construction market. Hypower's Power Infrastructure Services, constructs efficient and reliable electrical transmission and distribution systems. Hypower provides full engineering, design, and construction support to electric utility clients nationwide on power infrastructure initiatives. Hypower is exceptionally qualified to deliver turn -key power solutions and has completed installations ranging from 4 kV to 500 kV. In the event of disaster or emergencies, the group mobilizes to provide disaster recovery services to maintain generators, fuel emergency vehicles & remove debris. Hypower's Commercial Electrical Services and Repair group provides 24/7 quality and professional electrical service to local businesses, institutional and industrial facilities. Hypower has served the South Florida area for more than 30 years, has more licensed electricians on call than any other electrical contractor, operates around the clock 24/7, and guarantees a 2 - hour response time. The group offers preventative maintenance and improvements of any size. Hypower is licensed, bonded, and insured! The Service Group is proudly serving South and Central Florida since 1991! Hypower's OSP Communications Group specializes in the design -build, installation of collocation sites/structures, underground telecommunications, long-haul FOC telecommunication infrastructure large multicarrier duct bank systems, fiber optic blowing, fiber splicing/testing, ISP construction, OSP Engineering. Hypower combines cutting-edge technology with innovative design, engineering, service, and maintenance capabilities so that our customers receive the best and the latest in industry standards and cost savings. Our highly trained professionals have a proven track record of assisting clients to meet their network or distribution demands, regardless of complexity, location, or technology. For almost a decade now, Hypower has utilized the use of Virtual Design and Construction (VDC) to deliver better results to our customers. Focusing on the triad of time -budget -cost, Hypower utilizes Building Information Modeling (BIM) software, like Navisworks, AutoCAD MEP and Revit MEP to ensure that all construction and design conflicts are resolved during pre -construction. Widely recognized for its industry excellence, Hypower is currently ranked as a TOP 20 Electrical Contractor in the nation by Associated Builders and Contractors (ABC), a national U.S. trade association, which also placed the company on its 2021 Top 200 Performers list. The company places an extraordinary emphasis on safety from employee, job site, and September 23, 2021 5913 NW 31st Avenue, Fort Lauderdale, FL 33309 - - k Hypower Inc. Headquarters Phone: 888-978-9300 www.hypowerinc.com public safety perspectives. As a result, for the past three years, Hypower has been named Accredited Quality Contractor and has also been honored with an ABC STEP Platinum Award for Safety Training consecutively since 2016. Hypower was named a 2017 Business of The Year and a 2018 Healthiest Employer and a 2020 Best Places to Work Honoree by the South Florida Business Journal. Hypower holds the distinction of winning the highest number of Eagle Awards won by any contractor- six 2017 Excellence in Construction Awards, five 2018 Excellence in Construction Awards. Hypower also won the prestigious Special •ntractor Project of the Year at the Excellence in Construction Awards by the Associated Builders and Contractors (ABC), Florida East Coast Chapter in 2018 and 2020. In 2020, Hypower's President Bernard Paul-Hus was honored with the 2020 South Florida Ultimate CEO Award by the South Florida Business Journal. Core Values Everything we do at Hypower is based on our core values business practices, and our customer commitments. These are the Core Values of Hypower and our team: We value our RELATIONSHIPS. We value RESULTS. We value PROFESSIONALISM. We value CONTINUOUS IMPROVEMENT. We value our COMMUNITY. they drive our employee relationship, our VISION: To be the dominant Electrical and Power Utility Contractor in South Florida and to continue to expand our presence in Solar and Telecommunication work throughout the Eastern Seaboard or wherever our clients take us MISSION: Hypower is opportunistic acting to expand as new markets emerge. We believe that we can build anything given our ability to pre -plan, continuously forecast, execute the plan and measure performance daily *===C Wo"_ f. Qw NO* IT..iitl Clft"_l.n ��. I IIIIIIETM I ENR PROJECT OF TOP +LIQ 7016 THE" 81!EWS5 /A\ September 23, 2021 INC I IIIIIIETM I IWAM WIN" PROJECT OF 2017 7016 THE" 81!EWS5 /A\ l _ DFINE September 23, 2021 .Qr d C O V t V LO d m a C 3 M� W C V C O c.i d a c a c V v .d m m m m m m m m m m m m m m m m m m m m m m m m m LL LL LL LL LL LL LL LL LL LL w LL LL LL LL Y. 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From the start their innovative methods and commitment to technology were evident in all our projects. Throughout the projects, Hypower's leadership and professionalism allowed FXE to complete our projects on time and within budget. would recommend Hypower for any project you may be considering and I am looking forward to working with them on upcoming projects should the occasion arise. If you have any further questions and/or comments regarding the above, please do not hesitate to contact me at (954) 828-6536. Sincerely, Fernando Blanco, Airport Engineer/Project Manager II PUBLIC WORKS DEPARTMENT 100 N ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301 TELEPHONE (954) 828-5772, FAX (954) 828- 5074 Equal Opportunity Employer WWW. FORTLAUDERDALE.GOV Printed On Recycled Paper. ✓ NV A la� HASKELL April 20, 2021 Project: Norwegian Cruise Lines Terminal B at PortMiami RE: Letter of Recommendation for Hypower. To whom it may concern: The NV2A-Haskell JV, as the Construction Manager at Risk on the Norwegian Cruise Lines Terminal B at PortMiami engaged Hypower as the turnkey electrical, fire alarm, and low voltage subcontractor for this signature project. The Norwegian Cruise Lines Terminal B at PortMiami was a unique and complicated cruise terminal project, where the progressive completion of the design and fast-track nature of the schedule required that key subcontractors such as Hypower engaged in "Design -Assist" activities. These consisted in workshops and constant collaboration of Hypower with the CM, Owner and Designers to identify efficient design alternatives for the project. This process resulted in many Owner - requested changes and upgrades along the way, which Hypower handled in stride, working towards the most cost-effective solutions. Adam Johnson and Raul Gonzalez were outstanding leaders for Hypower on the job and were committed to the success of not just Hypower, but the entire project team. They helped drive the schedule and were always proactive and solution oriented. Their leadership and professional approach to management and this project were second to none. Their team successfully managed over 70 electricians, plus subcontractors, keeping them safe and productive, all while ensuring delivery of a high-quality installation. Of special mention is the fact that the completion of the project occurred during the most difficult days of the COVID-19 pandemic. Hypower was a solid team -player in the field and shared our relentless commitment to the Safety of all personnel at Terminal B, as well as the progression and completion of the work. The project was delivered on time and on budget. The Owner is very satisfied with Hypower's performance and as the CM at Risk, so are we. We would highly recommend Hypower and their team for any project. Sincerely Luis Arditi Rocha Project Director NV2A-Haskell JV cc: Ed Curry NV2A-HASKELL JOINT VENTURE i NCL TERMINAL B AT PORTMIAMI 11020 PORT BLVD., UNIT 3 - MIAMI, FL 33132 F O N T A I N E B L E A U D E V E L O P M ENT September 24, 2020 Hypower was the turnkey electrical and fire-alarm subcontractor for the renovation of the iconic 300- acre luxury Turnberry Isle Resort, completed in 2019. The resort expansions included a new 16-story Orchid Tower comprised of 325 guestrooms, which doubled the resort's occupancy and additional 140,000-square feet of meeting space. Another major expansion to the resort was a world-class waterpork with all the latest slides and rides, pools, 25 luxury cabanas, and distinct dining options, offering guests unforgettable life-time experiences. This project also included a renovated hotel, hotel entrance, pro-shop, and upgrades to the front driveway, main lobby, existing garage, and other key thoroughfares and resort facilities. Hypower implemented its industry-leading technology resources, including BIM modeling, Trimble layout, and Prefab assemblies, which significantly contributed to the safe and timely execution of an electrical systems. Throughout the overall renovation, many areas were being built and operated as individual projects simultaneously. Hypower did an excellent job providing the Supervision and manpower needed to keep up on all areas of the resort. Hypower's leadership and professionalism allowed Turnberry to complete the resort renovation on time and within budget. Upon completion, Hypower stepped in with their Service Group and I was impressed by their service techs' professionalism- they tackled my team's requests with ease every time. I have worked with many electrical service departments, and Hypower is second to none. Their whole team has gone above and beyond the call of duty. I would recommend Hypower for any project you may be considering, and 1 am looking forward to working with them on upcoming projects should the occasion arise. If you have any further questions or comments regarding the above, please do not hesitate to contact me at 305-652-4116. Sincerely, Eric Cohen Executive Vice President/Construction 19950 W. Country Club Drive, Suite 100, Aventura, FL 33180 G. W. C. WHITING (1883-1974) WILLARD HACKERMAN (1918-2014) FOUNDED 1909 THE WHITING -TURNER CGNTRACTING COMPANY ENGINEERS AND CONTRACTORS CONSTRUCTION MANAGEMENT 6305 IVY LANE, SUITE 800 GENERAL CONTRACTING GREENBELT, MARYLAND 20770 DESIGN -BUILD 301-656-7800 SPECIALTY CONTRACTING PRECONSTRUCTION BUILDING INFORMATION MODELING INTEGRATED PROJECT DELIVERY April 20, 2021 Reference: Letter of Recommendation for Hypower, Inc. To Whom It May Concern, TIMOTHY J. REGAN PRESIDENT AND CEO INSTITUTIONAL COMMERCIAL CORPORATE TECHNOLOGY INDUSTRIALIPROCESS INFRASTRUCTURE SUSTAINABILITY I have worked with Hypower, specifically Rui Reis and Raul Gonzalez, for approximately one year on the MIAR FedEx Expansion project. This project is an expansion to an existing warehouse along the perimeter of Miami International Airport. The project includes build outs of regular warehouse space, refrigerated warehouse space, an office space, and a maintenance space, as well as renovations to the existing facility. The Hypower team has worked collaboratively and relentlessly since the start of this project to help drive the schedule. Raul, as the Senior Superintendent, has especially worked to not just meet, but beat the electrical schedule milestones set forth on the project while also helping to push other trades to hit their milestones. The Hypower team has worked proactively to get into areas ahead of time and worked closely with other trade partners to make sure installations are properly coordinated. I have been impressed with the level of sophistication Hypower has shown on this project. From their use of technology, daily production tracking, and extensive prefabrication, Hypower has shown they are a first-class electrical contractor. I would highly recommend Hypower, specifically the team of Rui Reis and Raul Gonzalez, as the electrical contractor for any project they may be considered for. I am confident in their ability to work together to solve any challenges that arise in the world of electrical construction. Signed, Matthew Goodman Project Manager WVWV.WHITING-TURNER.COM Vff OFFICES NATIONWIDE ►5hMhHH.7P L S;