R25-185 1 RESOLUTION NO. R25-185
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. 25-035B FOR
5 THE SE 1ST STREET/LOQUAT TREE DRIVE SANITARY SEWER CURE-IN-
6 PLACE PIPE LINING PROJECT TO INSITUFORM TECHNOLOGIES, LLC
7 AND APPROVING AN AGREEMENT BETWEEN THE CITY AND
8 INSITUFORM TECHNOLOGIES, LLC FOR $286,518.80, PLUS A 10%
9 CONTINGENCY OF $28,651.88, FOR AN AMOUNT NOT TO EXCEED
10 $315,170.68; AND FOR ALL OTHER PURPOSES.
11
12 WHEREAS, the City issued an Invitation to Bid ("ITB") No. 25-035B for the SE 1st
13 Street/Loquat Tree Drive Sanitary Sewer Cure-In-Place Pipe Lining Project; and
14 WHEREAS, upon the ITB closing on May 16, 2025, the City received four (4) bid
15 submissions. After a thorough evaluation, Insituform Technologies, LLC submitted the lowest
16 responsive and responsible bid. Therefore, staff recommends approval of the selection of
17 Insituform Technologies, LLC for the project and authorization to enter into an agreement and
18 issue a purchase order in the amount of $286,518.80, plus a 10% contingency of $28,651.88 for
19 an amount not to exceed $315,170.68; and
20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
21 best interests of the City's citizens and residents to award ITB No. 25-035B for the SE 1st
22 Street/Loquat Tree Drive Sanitary Sewer Cure-In-Place Pipe Lining Project to Insituform
23 Technologies, LLC and approve an Agreement between the City and Insituform Technologies, LLC
24 for $286,518.80 plus a 10% contingency of $28,651.88 in an amount not to exceed $315,170.68.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
27 BEACH, FLORIDA, THAT:
28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption.
30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
31 award ITB No. 25-035B for the SE 1st Street/Loquat Tree Drive Sanitary Sewer Cure-In-Place Pipe
32 Lining Project to Insituform Technologies, LLC.
33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
34 approve an Agreement between Insituform Technologies, LLC and the City for ITB No. 25-035B
35 for the SE 1st Street/Loquat Tree Drive Sanitary Sewer Cure-In-Place Pipe Lining Project for
36 $286,518.80 plus a 10% contingency of $28,651.88 in an amount not to exceed $315,170.68 (the
37 "Agreement"), in form and substance similar to that attached as Exhibit A.
38 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
39 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
40 ancillary documents required under the Agreement or necessary to accomplish the purposes of
41 the Agreement and this Resolution.
42 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record
43 of the City. A copy of the fully executed Agreement shall be provided to Tremaine Johnson to
44 forward to the Contractor.
45 SECTION 6. This Resolution shall take effect in accordance with the law.
46
47
48
49
50
51 [SIGNATURES ON THE FOLLOWING PAGE]
52
53 PASSED AND ADOPTED this r c day of ( )U.Li 2025.
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54 CITY OF BOYNTON BEACH, FLORIDA
55 YES NO
56 Mayor- Rebecca Shelton
57
i ---
58
58 Vice Mayor-Woodrow L. Hay
59
60 Commissioner-Angela Cruz t./-
61
./61 V-
62 Commissioner-Thomas Turkin
63
64 Commissioner-Aimee Kelley ✓
65
66 VOT s
6 A T:
8
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70 Maylel DDesus, MP /MMC MMC Rebecca Shelton
71 City Cler Mayor
72
73 IOf Br':Nro7`1APPROVED AS TO FORM:
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74 (Corporate Seal) f ;• SEA q�;••����i
75 ; :, L :0�i �
76 i NcoRPp := 1 �QV 6
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77 •41, ••.•1920 E: Shawna G. Lamb
78 1%`.;�ORIDA = City Attorney
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City of Boynton Beach Purchasing Division
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
INSITUFORM TECHNOLOGIES, LLC
THIS AGREEMENT is entered into by and between the CITY OF BOYNTON
BEACH, a municipal corporation organized and existing under the laws of Florida, with
a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter
referred to as `-`CITY", and Insituform Technologies, LLC, a Delaware limited liability
company, with a business address of 580 Goddard Avenue, Chesterfield, MO 63005,
hereinafter referred to as the "CONTRACTOR," each a "Party" and collectively the
"Parties."
WHEREAS, the City of Boynton Beach's Utilities Department requires cured-in-
place piping (CIPP)for sewer infrastructure improvements.
WHEREAS, the City's Utilities Department developed specifications to seek a
qualified contractor to provide cured-in-place pipelining installation of existing sanitary
sewer pipes and service laterals.
WHEREAS, on April 16, 2025, the Purchasing Division issued Invitation to Bid
(ITB) No. 25-035B for the SE 1st Street/Loquat Tree Drive — Sanitary Sewer CIPP
Project.
WHEREAS, a pre-bid meeting was held on April 22, 2025, accompanied by a
site visit, which was attended by several interested bidders.
WHEREAS, the ITB closed on May 16, 2025, with four(4) bid submissions.
WHEREAS, after reviewing the submissions, the Purchasing Division
determined that Insituform Technologies, LLC was the lowest responsive and
responsible bidder.
WHEREAS, the CITY has selected the CONTRACTOR to perform construction
services related to the Project; and,
WHEREAS, at its meeting of July 15. 2025, by Resolution NoRas-igc , the
CITY Commission approved this award to CONTRACTOR and authorized the proper
CITY officials to execute this Agreement hereinafter referred to as Contract No.: 25-
035B and used interchangeably with "contract".
NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the
mutual covenants hereinafter set forth, agree as follows:
Article 1. SCOPE OF WORK AND CONTRACTOR.
CONTRACTOR shall furnish all labor, materials, equipment, services, and incidents necessary to
perform all "WORK" described in the Contract Documents (as defined in Article 7 below) and
related thereto for the Project. The terms and conditions of Bid No. 25-035B and CONTRACTOR's
bid are expressly incorporated into this Agreement by reference. Any conflict or discrepancy
between the terms of this Agreement, Bid No. 25-035B, and CONTRACTOR's bid, shall be
25-035B SE 1'St./Loquat Tree Dr.—Sanitary Sewer CIPP Project
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resolved pursuant to the following order of precedence (1) this Agreement, (2) Bid No. 25-035B;
and 3. CONTRACTOR's bid.
Article 2. CONSULTANT.
Shall mean the City of Boynton Beach, which has designed the Project and will assume all duties
and responsibilities and will have the rights and authority assigned to CONSULTANT in
connection with the completion of the WORK in accordance with the Contract Documents.
Article 3. CONTRACT TIME; TERMINATION; LIQUIDATED DAMAGES.
3.1 Contract Time. Upon receipt of materials including the generator, the WORK will be
substantially completed within Thirty (30) calendar days from the effective date of this
Agreement, when the Contract Time commences to run as provided in paragraph 2.3
of the General Conditions and completed and ready for final inspection and payment in
accordance with paragraph 14.9 of the General Conditions within Ten (10) calendar
days from the date of Substantial Completion.
3.2 Termination for Convenience. This Agreement may be terminated by CITY for
convenience, upon providing fourteen (14) business days of written notice to
CONTRACTOR for such termination. In the event of termination, CONTRACTOR shall
be paid its compensation for services performed until the termination date, including
services reasonably related to termination. In the event that CONTRACTOR abandons
this Agreement or causes it to be terminated, CONTRACTOR shall indemnify CITY
against loss pertaining to this termination.
3.3 Termination for Cause. In addition to all other remedies available to CITY, this
Agreement shall be subject to cancellation by CITY for cause, should CONTRACTOR
neglect or fail to perform or observe any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
thirty (30) days after receipt by CONTRACTOR of written notice of such neglect or
failure.
3.4 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that
time is of the essence of this Contract and that the CITY will suffer financial loss if the
WORK is not completed within the times specified in paragraph 3.1 above, plus any
extensions thereof allowed in accordance with Article 12 of the General Conditions.
Each of the parties acknowledges that it has attempted to quantify the damages, which
would be suffered by the CITY in the event of the failure of CONTRACTOR to perform
in a timely manner, but neither one has been capable of ascertaining such damages
with certainty. CITY and CONTRACTOR also recognize and acknowledge the delays,
expense, and difficulties involved in proving in a legal preceding the actual loss suffered
by the CITY if the WORK is not completed on time. Accordingly, instead of requiring
any such proof, the CITY and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty) CONTRACTOR shall pay the CITY, Three Hundred
Dollars ($300.00) for each day that expires after the time specified in paragraphs 3.1
for substantial completion until the WORK is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining
WORK within the Contract Time or any proper extension thereof granted by the CITY,
CONTRACTOR shall pay CITY Two Hundred Fifty Dollars ($250.00) for each day
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that expires after the time specified in paragraph 3.1 for completion and readiness for
final payment.
Article 4. CONTRACT PRICE.
CITY shall pay CONTRACTOR, for the faithful performance of the Contract, in lawful money of the
United States of America, and subject to the additions and deductions as provided in the Contract
Documents, a total sum as follows:
Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently
revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents,
the aggregate amount of this Contract (obtained from either the lump sum price, the application
of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed:
Two Hundred Eighty-Six Thousand Five Hundred Eighteen dollars and Eighty cents
($286,518.80).
Contingency Funds-ALL CONTINGENCY SUMS ARE CITY'S CONTINGENCY AND REMAIN
THE CITY'S PROPERTY UNTIL EXPENSE IS APPROVED. The contract price shall not include
any contingency amounts. If the Contract or schedule of bid prices includes an agreed sum as a
contingency, such amount is identified solely for budget purposes and remains the city's funds.
The city may approve the use of contingency funds only for the purpose of defraying the expenses
due to unforeseen conditions, extra work, and circumstances relating to construction unless
otherwise agreed. Such contingency funds are not for use by the Contractor to cover shortfalls in
the Contractor's bid amount and not for use by the City to increase the scope of work.
Contractor shall obtain prior written approval from City prior to the expenditure of contingency
funds, and Contractor will be required to furnish documentation evidencing expenditures charged
to contingency and/or allowances prior to the release of such funds by City. All uncommitted
contingency funds remain the funds of City.
Contingency. City and Contractor agree the Project budget shall include City's contingency,
which shall be utilized as outlined above, The Contingency shall be 10% percent or$28.651.88
to account for any unforeseen conditions only approved by the City Manager.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. CITY will process Applications for Payment as provided in the General
Conditions.
1.1 Progress Payments. CONTRACT may submit an Application for Payment as
recommended by CONSULTANT, for WORK completed during the Project at intervals
of not more than once a month. All progress payments will be on the basis of the
progress of WORK measured by the schedule of values established in Paragraph 2.9.1
of the General Conditions and in the case of Unit Price Work based on the number of
units completed or, in the event there is no schedule of values, as provided in the
General Requirements.
1.2 Prior to Substantial Completion progress payments will be made in an amount equal to
90%of WORK completed, but, in each case, less the aggregate of payments previously
made and less such amounts as CONSULTANT shall determine, or CITY may withhold,
in accordance with paragraph 14.5 of the General Conditions.
1.3 CONTRACTOR shall submit with each Application for Payment, an updated progress
schedule acceptable to the CITY and a Warranty of Title/Release of Liens relative to
25-035B SE 15T St./Loquat Tree Dr.-Sanitary Sewer CIPP Project 3
City of Boynton Beach Purchasing Division
the Work that is the subject of the Application. Each Application for Payment shall be
submitted to the CITY for approval. The CITY shall make payment to the
CONTRACTOR within thirty (30) calendar days after approval by the CITY of
CONTRACTOR'S Application for Payment and submission of an acceptable updated
progress schedule.
1.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the
CITY until Final Completion of the construction services purchased (defined as that
point at which one hundred (100) percent of the construction of the work as defined in
the Contract Schedule of Values has been performed under the contract by the
CONTRACTOR) has been reached and acceptance by CITY.
1.5 The CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
1.5.1 Defective Work not remedied.
1.5.2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against CONTRACTOR.
1.5.3 Failure of CONTRACTOR to make payments properly to
SUBCONTRACTORS or for material or labor.
1.5.4 Damage to another CONTRACTOR not remedied.
1.5.5 Liquidated damages and costs incurred by the CITY for extended construction
administration.
1.5.6 Failure of CONTRACTOR to provide any document(s)required by the Contract
Documents.
1.6 When the above grounds are removed or resolved, or CONTRACTOR provides a
surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY
in the amount withheld, payment may be made in whole or in part.
1.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with
paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the
Contract Price as recommended by CONSULTANT as provided in paragraph 14.10.
CONTRACTOR acknowledges that if final payment shall not be made until consent of
surety is received by CITY.
1.8 All payments shall be governed by the Local Government Prompt Payment Act, as set
forth in Part VII, Chapter 218, Florida Statutes.
Article 6.RETAINAGE,
6.1 Pursuant to Florida Statutes § 218.735(8)(a). The CITY may withhold retainage of five
(5%) percent of all monies earned by the CONTRACTOR and shall be retained by the
CITY until Final Completion of the construction services purchased (defined as that
point at which 100% of the constriction of the work as defined in the Contract Schedule
of Values has been performed under the contract by the CONTRACTOR) has been
reached and acceptance by the CITY as defined in Florida Statutes § 218.735(7)(d).
6.2 This section does not prohibit the CITY from withholding retainage at a rate less than
five (5%) percent of each progress payment, from incrementally reducing the rate of
retainage pursuant to a schedule provided for in the Contract, or from releasing at any
point all or a portion of any retainage withheld by the CITY which is attributable to the
labor, services, or materials supplied by the CONTRACTOR or by one or more
subcontractors or suppliers. If the CITY makes any payment of retainage to the
CONTRACTOR which is attributable to the labor, services, or materials supplies by one
or more subcontractors or suppliers, the CONTRACTOR shall timely remit payment of
such retainage to those subcontractors and suppliers.
6.3 This section does not require the CITY to pay or release any amounts that are subject
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of a good faith dispute, the subject of a claim brought pursuant to Florida Statutes §
255.05 or otherwise the subject of a claim or demand by the CITY or CONTRACTOR.
6.4 The time limitations set forth in this section for payment requests, apply to any payment
request for retainage made pursuant to this section.
Within 20 business days after the creation of the punch list, the remaining contract balance,
including retainage, will be paid to the CONTRACTOR in less than 150 percent of the cost to
complete the items on the punch list. Upon reaching final acceptance for an item or all items, the
150 percent withheld for each item will be released with final payment. For projects valued at$10
million or more, the 30-calendar day period may be extended to 45 calendar days.
Article 7. CONTRACTOR GUARANTEE.
CONTRACTOR warrants all work, materials, and equipment shall be free from damages
and/or defects owing to faulty materials or workmanship for a period of one (1) year after
completion of the WORK covered by this Contract. The CONTRACTOR,free of all costs to
the CITY,shall replace any part of the equipment, materials, or work included in this Contract,
which proves to be defective by reason of faulty materials, damages, and/or workmanship
within twelve (12) month period.
Article 8. CONTRACT DOCUMENTS.
The Documents hereinafter listed shall form the Contract, and they are as fully a part of the
Contract as if attached hereto:
8.1 Request for Bid
8.2 Instructions to Proposers/ Bidders
8.3 Proposal Forms (including the Proposal, Schedule(s), Submission Requirements of
Proposer/ Bidder, and all required certificates, affidavits, and other documentation)
8.4 Contract
8.5 CONTRACTOR's Bid Bond, Performance, and Payment Bond
8.6 General Provisions for Construction
8.7 Special Terms and Conditions
8.8 City Construction Standards and Details (available online at: https://www.boynton-
beach.org/engineering/new-construction-department- public-works-engineering-
division )
8.9 Attachment"A" —Special Provisions for Construction
8.10 Attachment"B"— Cured-In-Place Pipe (CIPP) Technical Specifications
Article 9. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and
if sent to CITY shall be mailed to:
Daniel Dugger, City Manager
City of Boynton Beach
100 East Ocean Ave, Boynton Beach, FL 33435
Telephone No. (561)742-6000
Copy: Shawna G. Lamb, City Attorney
City of Boynton Beach
P.O. Box 310
25-035B SE 1ST St./Loquat Tree Dr.-Sanitary Sewer CIPP Project 5
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City of Boynton Beach ' � Purchasing Division
Boynton Beach, Florida 33425
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
And if sent to the CONTRACTOR shall be mailed to:
IInsituform Technologies, LLC
IATTN: Diane Partridge, Contracting and Attesting Officer
!Address: 580 Goddard Avenue, Chesterfield, MO 63005
Phone: (636) 530-8000
Email: dpartridgetc'i.azuria.com
Article 10.JNDEMNITY.
10.1 The CONTRACTOR shall indemnify and hold harmless the CITY and its officers,
employees, agents, instrumentalities, and the State of Florida, Division of
Emergency Management from liability, losses or damages, including attorneys'
fees and costs of defense through the conclusion of any appeals, which the CITY
or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature
arising out of or resulting from the negligence, recklessness, or intentional wrongful
misconduct of CONTRACTOR, its employees, agents, partners, principals or
subcontractors during the term of this Agreement or resulting thereafter. The
CONTRACTOR shall pay all claims and losses in connection therewith and shall
investigate and defend all claims, suits or actions of any kind or nature in the name
of the CITY, where applicable, including appellate proceedings, and shall pay all
costs, judgments, and attorneys' fees which may issue thereon. The
CONTRACTOR expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by the CONTRACTOR shall in
no way limit the responsibility to indemnify, keep, and save harmless and defend
the CITY or its officers, employees, agents, and instrumentalities as herein
provided.
10.2 CONTRACTOR's aggregate liability pursuant to this indemnification provision shall not
exceed one and one-half (1 1/2) times the contract price or One Million Dollars
($1,000,000) per occurrence, whichever is greater.
10.3 Upon completion of all services, obligations, and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
10.4 CITY reserves the right to select its own legal counsel to conduct any defense in
any such proceeding and all costs and fees associated therewith shall be the
responsibility of CONTRACTOR.
10.5 Nothing contained herein is intended nor shall be construed as a contractual waiver
of the CITY's rights, limits, and immunities under the common law or Section
768.28, Florida Statutes, as may be amended from time to time, nor a waiver of
any defense the CITY may have and shall not be construed as consent to be sued
by third parties based on any claims arising under this Contract. CONTRACTOR
and CITY agree that any liability of the CITY under this Contract shall be limited to
the amounts set forth in Sec. 728.68, Florida Statutes.
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Article 11. REIMBURSEMENT OF CONSULTANT EXPENSES.
Should the completion of this Contract be delayed beyond the specified or adjusted time limit,
CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection
incurred by the CITY during the period between said specified or adjusted time and the actual
date of final completion.All such expenses for consulting and inspection incurred by the CITY
will be charged to the CONTRACTOR and be deducted from payments due CONTRACTOR
as provided by this Contract. Said expenses shall be further defined as CONSULTANT
charges associated with the construction contract administration, including resident project
representative costs.
Article 12. FLORIDA'S PUBLIC RECORDS LAW.
The CITY is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR
shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall:
12.1 Keep and maintain public records required by the CITY to perform the service;
12.2 Upon request from the CITY's custodian of public records, provide the CITY with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statue or as otherwise provided by law;
12.3 Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and, following completion of the contract,
CONTRACTOR shall destroy all copies of such confidential and exempt records
remaining in its possession once the CONTRACTOR transfers the records in its
possession to the CITY; and,
12.4 Upon completion of the contract, CONTRACTOR shall transfer to the CITY, at no
cost to the CITY, all public records in CONTRACTOR's possession. All records
stored electronically by CONTRACTOR must be provided to the CITY, upon
request from the CITY's custodian of public records, in a format that is compatible
with the information technology systems of the CITY.
12.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK'S OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA 33435
561-742-606
CitvClerkebbfl.US
Article 13.F-VERIFY
13.1 CONTRACTOR certifies that it is aware of and complies with the requirements of
Section 448.095, Florida Statutes, as may be amended from time to time and briefly
described herein below.
13.1.1 Definitions for this Section:
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City of Boynton Beach Purchasing Division
A. "Contractor" means a person or entity that has entered or is
attempting to enter into a contract with a public employer to
provide labor, supplies, or services to such employer in exchange
for a salary, wages, or other remuneration. "Contractor" includes,
but is not limited to, a vendor or consultant.
B. "Subcontractor" means a person or entity that provides labor,
supplies, or services to or for a contractor or another
subcontractor in exchange for a salary, wages, or other
remuneration.
C. "E-Verify system" means an Internet-based system operated by
the United States Department of Homeland Security that allows
participating employers to electronically verify the employment
eligibility of newly hired employees.
13.1.2 Registration Requirement; Termination: Pursuant to Section 448.095,
Florida Statutes, effective January 1, 2021, Contractors, shall register
with and use the E-Verify system in order to verify the work
authorization status of all newly hired employees. Contractor shall
register for and utilize the U.S. Department of Homeland Security's E-
Verify System to verify the employment eligibility of:
A. All persons employed by a Contractor to perform employment
duties within Florida during the term of the contract; and
B. All persons (including sub-vendors/sub-consultants/sub-
contractors) assigned by Contractor to perform work pursuant to
the contract with the City of Boynton Beach. The Contractor
acknowledges and agrees that registration and use of the U.S.
Department of Homeland Security's E-Verify System during the
term of the contract is a condition of the contract with the City of
Boynton Beach; and
C. The Contractor shall comply with the provisions of Section
448.095, Fla. Stat., "Employment Eligibility," as amended from
time to time. This includes but is not limited to registration and
utilization of the E-Verify System to verify the work authorization
status of all newly hired employees. Contractor shall also require
all subcontractors to provide an affidavit attesting that the
subcontractor does not employ, contract with, or subcontract with,
an unauthorized alien. The Contractor shall maintain a copy of
such affidavit for the duration of the contract. Failure to comply
will lead to termination of this Contract, or if a subcontractor
knowingly violates the statute, the subcontract must be
terminated immediately. Any challenge to termination under this
provision must be filed in the Circuit Court no later than twenty
(20) calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and
may not be considered as such. If this contract is terminated for
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a violation of the statute by the Contractor, the Contractor may
not be awarded a public contract for a period of one (1) year after
the date of termination.
Article 14. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR
IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.05701.
CONTRACTOR is hereby notified of the provisions of section 287.05701, Florida Statutes, as
amended, that the CITY will not request documentation of or consider CONTRACTOR's
social, political, or ideological interests when determining if the CONTRACTOR is a
responsible CONTRACTOR. CONTRACTOR is further notified that the CITY's governing
body may not give preference to a CONTRACTOR based on the CONTRACTOR's social,
political, or ideological interests.
Article 15. SCRUTINIZED COMPANIES.
By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is not
participating in a boycott of Israel. CONTRACTOR further certifies that CONTRACTOR is not
on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with
Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has CONTRACTOR been engaged in business operations
in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the
provision of goods or services with any scrutinized company referred to above. Submitting a
false certification shall be deemed a material breach of contract. The CITY shall provide
notice, in writing, to the CONTRACTOR of the CITY's determination concerning the false
certification. CONTRACTOR shall have five (5) calendar days from receipt of notice to refute
the false certification allegation. If such false certification is discovered during the active
contract term, the CONTRACTOR shall have ninety(90)calendar days following receipt of the
notice to respond in writing and demonstrate that the determination of false certification was
made in error. If the CONTRACTOR does not demonstrate that the CITY's determination of
false certification was made in error then the CITY shall have the right to terminate the contract
and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time
to time.
Article 16. COVENANT AGAINST CONTINGENT FEES.
The CONTRACTOR warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this
Agreement, and that CONTRACTOR has not paid or agreed to pay any company or person, other
than a bona fide employee working solely for the CONTRACTOR any fee, commission,
percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this warranty, the CITY shall have
the right to annul this Agreement without liability or, in its discretion to deduct from the contract
price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
Article 17. MISCELLANEOUS.
17.1 Any and all legal action necessary to enforce the terms of this Agreement shall be
governed by the laws of the State of Florida. Any legal action arising from the terms
of this Agreement shall be submitted to a court of competent jurisdiction located
exclusively in Palm Beach County.
17.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of
25-035B SE 1 St./Loquat Tree Dr.- Sanitary Sewer CIPP Project
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the party sought to be bound; and specifically but without limitation, moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
17.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and
legal representatives to the other party hereto, their partners, successors, assigns
and legal representatives in respect of all covenants, agreements and obligations
contained in the Contract Documents.
17.4 In the event that either party brings suit for enforcement of this Agreement, each
party shall bear its own attorney's fees and court costs, except as otherwise
provided under the indemnification provisions set forth herein above.
17.5 Prior to final payment of the amount due under the terms of this Agreement, to the
extent permitted by law, a final waiver of lien shall be required to be submitted by
the CONTRACTOR, as well as all suppliers and subcontractors whom worked on
the project that is the subject of this Agreement. Payment of the invoice and
acceptance of such payment by CONTRACTOR shall release City from all claims
of liability by CONTRACTOR in connection with this Agreement.
17.6 At all times during the performance of this Agreement, CONTRACTOR shall
protect CITY's property from all damage whatsoever on account of the work being
carried on under this Agreement.
17.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all
statutes, ordinances, rules, orders, regulations and requirements of all local, city,
state, and federal agencies as applicable.
17.8 This Agreement represents the entire and integrated agreement between City and
CONTRACTOR and supersedes all prior negotiations, representations or
agreements,either written or oral.This Agreement is intended by the parties hereto
to be final expression of this Agreement, and it constitutes the full and entire
understanding between the parties with respect to the subject hereof,
notwithstanding any representations, statements, or agreements to the contrary
heretofore made. In the event of a conflict between this Agreement, the solicitation
and the CONTRACTOR's bid proposal, this Agreement shall govern then the
solicitation, and then the bid proposal.
17.9 This Agreement will take effect once signed by both parties. This Agreement may
be executed by hand or electronically in multiple originals or counterparts, each of
which shall be deemed to be an original and together shall constitute one and the
same agreement. Execution and delivery of this Agreement by the Parties shall be
legally binding, valid and effective upon delivery of the executed documents to the
other party through facsimile transmission, email, or other electronic delivery.
Article 18. DEFAULT OF CONTRACT & REMEDIES.
18.1 Correction of Work. If, in the judgment of CITY,work provided by CONTRACTOR
does not conform to the requirements of this Agreement, or if the work exhibits
poor workmanship, CITY reserves the right to require that CONTRACTOR correct
all deficiencies in the work to bring the work into conformance without additional
cost to CITY, and/or replace any personnel who fail to perform in accordance with
the requirements of this Agreement. CITY shall be the sole judge of non-
conformance and the quality of workmanship.
25-035B SE 1ST St./Loquat Tree Dr.-Sanitary Sewer CIPP Project I0
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18.2 Default of Contract. The occurrence of any one or more of the following events
shall constitute a default and breach of this Agreement by CONTRACTOR:
18.2.1 The abandonment of the project by CONTRACTOR for a period of
more than seven (7) business days.
18.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply
with any of the terms of this Agreement or neglect, or refusal to comply
with the instructions of the CITY's designee.
18.2.3 The failure by CONTRACTOR to observe or perform any of the terms,
covenants, or conditions of this Agreement to be observed or
performed by CONTRACTOR, where such failure shall continue for a
period of seven (7) calendar days after written notice thereof by CITY
to CONTRACTOR; provided, however, that if the nature of
CONTRACTOR's default is such that more than seven (7) calendar
days are reasonably required for its cure, then CONTRACTOR shall
not be deemed to be in default if CONTRACTOR commences such
cure within said seven (7) calendar day period and thereafter diligently
prosecutes such cure to completion.
18.2.4 The assignment and/or transfer of this Agreement or execution or
attachment thereon by CONTRACTOR or any other party in a manner
not expressly permitted hereunder.
18.2.5 The making by CONTRACTOR of any general assignment or general
arrangement for the benefit of creditors, or the filing by or against
CONTRACTOR of a petition to have CONTRACTOR adjudged a
bankruptcy, or a petition for reorganization or arrangement under any
law relating to bankruptcy(unless, in the case of a petition filed against
CONTRACTOR, the same is dismissed within sixty (60) days); or the
appointment of a trustee or a receiver to take possession of
substantially all of CONTRACTOR's assets, or for CONTRACTOR's
interest in this Agreement, where possession is not restored to
CONTRACTOR within thirty (30) days; for attachment, execution or
other judicial seizure of substantially all of CONTRACTOR's assets, or
for CONTRACTOR's interest in this Agreement, where such seizure is
not discharged within thirty (30) days.
18.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify
CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or
default and direct CONTRACTOR to comply with all provisions of the Agreement. A
copy of such written notice shall be mailed to the Surety on the Performance Bond.
If the abandonment, delay, refusal, failure, neglect or default is not cured within
seven (7) days of when notice was sent by CITY, CITY may declare a default of the
Agreement and notify CONTRACTOR of such declaration of default and terminate
the Agreement. The Surety on the Performance Bond shall within ten (10) days of
such declaration of default, rectify or cause to be rectified any mismanagement or
breach of service in the Agreement and assume the work of CONTRACTOR and
proceed to perform services under the Agreement, at its own cost and expense.
18.3.1 Upon such declaration of default, all payments remaining due
CONTRACTOR at the time of default, less all sums due CITY for
damages suffered, or expenses incurred by reason of default, shall be
due and payable to Surety. Thereafter the Surety shall receive monthly
payments equal to those that would have been paid by the
25-035B SE l'St./Loquat Tree Dr.-Sanitary Sewer CIPP Project I I
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CONTRACTOR had the CONTRACTOR continued to perform the
services under the Agreement.
18.3.2 CITY may complete the Agreement, or any part thereof, either by day
labor, use of a subcontractor, or by re-letting a contract for the same,
and procure the equipment and the facilities necessary for the
completion of the Agreement, and charge the cost of same to
CONTRACTOR and/or the Surety together with the costs incident
thereto to such default.
18.3.3 In the event CITY completes the Agreement at a lesser cost than would
have been payable to CONTRACTOR under this Agreement, if the
same had been fulfilled by CONTRACTOR, CITY shall retain such
differences. Should such cost to CITY be greater, CONTRACTOR shall
pay the amount of such excess to the CITY.
18.3.4 Notwithstanding the other provisions in this Article, CITY reserves the
right to terminate the Agreement at any time, whenever the service
provided by CONTRACTOR fails to meet reasonable standards of the
trade after CITY gives written notice to the CONTRACTOR of the
deficiencies as set forth in the written notice within fourteen calendar
(14) days of the receipt by CONTRACTOR of such notice from CITY.
Article 19. SOVEREIGN IMMUNITY.
Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY
or as a waiver of limits of liability or rights the CITY may have under the doctrine of sovereign
immunity or under Section 768.28, Florida Statutes.
Article 20. UNCONTROLLABLE FORCES.
Neither the CITY nor CONTRACTOR shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which,
by the exercise of reasonable diligence, the non-performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the non-performing party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
Neither party shall, however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable, and which the non-performing party
could have, with the exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The non-performing party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
Article 21. NON-WAIVER.
Waiver by the CITY of any provision of this Agreement or any time limitation provided for in
this Agreement shall not constitute a waiver of any other provision.
25-035B SE 1ST St./Loquat Tree Dr.-Sanitary Sewer CIPP Project 12
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Article 22. INDEPENDENT CONTRACTOR.
The CONTRACTOR and the CITY agree that the CONTRACTOR is an independent
contractor with respect to the Work provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between
the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be
entitled to any benefits accorded CITY employees by virtue of the services provided under
this Agreement. The CITY shall not be responsible for withholding or otherwise deducting
federal income tax or Social Security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or
any employee of CONTRACTOR.
Article 23. INSURANCE.
During the performance of the Work under this Agreement, CONTRACTOR shall maintain the
insurance policies required by the Insurance Advisory in the Contract Documents, and provide
originals or certified copies of all policies to CITY's Risk Management. All policies shall be
written by an insurance company authorized to do business in Florida. CONTRACTOR shall
be required to obtain all applicable insurance coverage prior to commencing any Work
pursuant to this Agreement.
Article 24. OWNERSHIP AND USE OF DOCUMENTS.
All documents, drawings, specifications and other materials produced by the CONTRACTOR
in connection with the services rendered under this Agreement shall be the property of the
CITY whether the project for which they are made is executed or not. The CONTRACTOR
shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference, and use in connection with CONTRACTOR's
endeavors.
Article 25. ATTORNEY'S FEES.
If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees
and court costs.
Article 26. COMPLIANCE WITH LAWS.
CONTRACTOR shall, in performing the Work contemplated by this Agreement, faithfully
observe and comply with all federal, State of Florida, and City of Boynton Beach ordinances
and regulations that are applicable to the Work rendered under this Agreement.
This Agreement will take effect once signed by both parties. This Agreement may be signed
by the parties in counterparts, whether signed physically or electronically, which together shall
constitute one and the same agreement among the parties. A facsimile signature shall
constitute an original signature for all purposes.
25-035B SE 1sT St./Loquat Tree Dr.-Sanitary Sewer CIPP Project 13
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the
day and year set forth below their respective signatures.
CITY O B�/YNTON BEACH INSITUFORM T CHHNOLOGIES, LLC
/fii Lit,e./ trucile-toL-4-(
Re Shelton Mayor (Signature), Insituform l echnologies, LLC
OAA A `c , � Diane Partridge .••��ECHNo
Date J Print Name of Authorized Official ``v' °`.gym
NSEAL}N
Contractina and Attesting Officer * `'=
Title °RAwAR;••'
(Corporate Seal)
of g0YNT0�`�� Attest/Authenticated:
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i :INCO Rio L i _h,�n -kf �-1 CL1
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,,1'�.�(ORIDP •__"• / Janet Hass, Contracting and Attesting Officer
`` Print Name
Approved as to Form:
•AtiOg ,76
Shawna G. Lamb, Office of the City Attorney
Attes d/Authenticated:
ctuouLzp__ __
MayleeIDe6esus, City Cle,jV
25-0358 SE 1ST St./Loquat Tree Dr.-Sanitary Sewer CIPP Project 14
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CORPORATE ACKNOWLEDGEMENT
STATE OF MISSOURI
COUNTY OF ST. LOUIS
The foregoing instrument was acknowledged before me by means of X physical presence or ❑
online notarization, this 13th day of June , 2025, by Diane Partridge on behalf of
Insituform Technoloaies. LLC , a Delaware Limited Liability Compare/she is personally known to me or
has produced personally known as identification.
\ "Al.VA
NOTARY PUBLIC
au.o Nst; j..e. Pr. ed or Stamped)
JANALAUSE ►
Notary Public. Notary Seal
STATE MISSCIIIPI
• St. Louis county 6 Title or Rank
' My Commission Expires: Dec. 5,2025
Cornrrnssion# 13805815
" " " V J " " " V ` U ` V V u 'Seryl number, if any
25-035B SE 1ST St./Loquat Tree Dr.-Sanitary Sewer CIPP Project 15
The City of Boynton Beach
c„, sf O�_
DIVISION OF RISK MANAGEMENT
j 1 1 100 E.Ocean Avenue Boynton Beach,Florida 33435
(P): 561-742-6271 I (F): 561-742-6274
c www.bovnton-beach.ora
7 O N
VENDOR INSURANCE REQUIREMENTS — PROCUREMENT
1. INSURANCE REQUIREMENTS:
The successful bidder/contractor/firm or individual entering a resulting contract with the City shall
provide, pay for and maintain in full force and affect at all times during the services to be performed
the applicable insurance as set forth below. (Proof that insurance meets the City's requirements must
be provided prior to providing services to the City of Boynton Beach.)
Commercial General Liability
Coverage must be afforded under a Commercial General Liability policy with limits not less than:
• $1,000,000 each occurrence
• $3,000,000 annual aggregate for Bodily Injury, Personal Injury, and Advertising Injury
• $1,000,000 per occurrence for Property Damage
• $1,000,000 each occurrence and $2,000,000 project aggregate for Products
and Completed Operations
Policy must include coverage for Contractual Liability, Independent Contractors.
Business Automobile Liability
Coverage must be afforded for all Owned,Hired,Scheduled,and Non-Owned vehicles for Bodily Injury
and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the
Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto
Liability,which may be satisfied by way of endorsement to the Commercial General Liability policy or
separate Business Auto Liability policy.
Professional Liability/Malpractice
Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not
less than:
• $2,000,000 each occurrence
• $3,000,000 annual aggregate
Workers' Compensation and Employer's Liability
Coverage must be afforded per Chapter 440, Florida Statutes. Any contractor performing work on
behalf of the City must provide Workers' Compensation insurance of at least the statutory
requirements in addition to Employer's Liability in the amount not less than $1,000,000 per accident.
Exceptions and exemptions will be allowed by the City's Risk Management Department, if they are in
accordance with Florida Statute.
The Contractor and its insurance carrier waive all subrogation rights against the City, a political
subdivision of the State of Florida,its officials,employees, and volunteers for all losses or damages. The
City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others
or equivalent.
Contractor must be in compliance with all applicable State and federal workers' compensation laws,
including the U.S. Longshore and Harbor Workers' Compensation Act or Jones Act, if applicable.
AMERICA'S GATEWAY TO THE GULFSTREAM
For any Contractor who has exempt status as an individual, the City requires proof of Workers'
Compensation insurance coverage for that Contractor's employees,leased employees,volunteers,and
any workers performing work in execution of this Contract.
If the Contractor has applied for a workers'compensation exemption,the City does not recognize this
exemption to extend to the employees of the Contractor. The Contractor is required to provide proof
of coverage for their employees, leased employees, volunteers and any workers performing work in
execution of this Contract.This applies to all contractors including but not limited to the construction
industry.
Contractors Pollution Liability Coverage
For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out
of this Contract, including but not limited to, all hazardous materials identified under the Contract.
Contractor must keep insurance in force until the third anniversary of expiration of this Contract or
the third anniversary of acceptance of work by the CITY.
Property Coverage (Builder's Risk)
Coverage must be afforded in an amount not less than 100% of the total project cost, including soft
costs, with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be
limited to:
• All Risk Coverage including Flood and Windstorm with no coinsurance clause
• Guaranteed policy extension provision
• Waiver of Occupancy Clause Endorsement,which will enable the City to occupy the facility
under construction/renovation during the activity
• Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or
incidental to the project
• Equipment Breakdown for cold testing of all mechanized,pressurized,or electrical equipment
For installation of property and/or equipment, Contractor must provide Builder's Risk Installation
insurance to include coverage for materials or equipment stored at the project site, while in transit,
or while stored at a temporary location. Coverage limit must be no less than replacement cost.
This policy shall insure the interests of the owner, contractor, and subcontractors in the property
against all risk of physical loss and damage, and name the City as a loss payee. This insurance shall
remain in effect until the work is completed and the property has been accepted by the City.
Insurance Certificate Requirements
a. The Contractor shall provide the City with valid Certificates of Insurance (binders re unacceptable)
no later than thirty (30) days prior to the start of work contemplated in this Contract.
b. The Contractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice
of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium.
c. In the event that the insurer is unable to accommodate the cancellation notice requirement,it shall
be the responsibility of the Contractor to provide the proper notice. Such notification will be in
writing by registered mail, return receipt requested, and addressed to the certificate holder.
d. In the event the Contract term goes beyond the expiration date of the insurance policy, the
Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10)
days prior to the expiration of the insurance currently in effect. The City reserves the right to
suspend the Contract until this requirement is met.
e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If
any coverage is provided on a claims-made form,the certificate will show a retroactive date,which
should be the same date of the initial contract or prior.
f. The City shall be named as an Additional Insured on all liability policies, with the exception of
Workers' Compensation.
g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation
insurance policy.
h. The Contract,Bid/Contract number, event dates,or other identifying reference must be listed on
the certificate.
AMERICA'S GATEWAY TO THE GULFSTREAM
The Certificate Holder should read as follows:
City of Boynton Beach
Attn: Risk
Management 100 E.
Ocean Ave Boynton
Beach,FL 33435
The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely
responsible for any costs or expenses as a result of a coverage deductible,co-insurance penalty,or self-
insured retention; including any loss not covered because of the operation of such deductible, co-
insurance penalty,self-insured retention,or coverage exclusion or limitation.Any costs for adding the
City as an Additional Insured shall be at the Contractor's expense.
If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set
forth in this Contract, the Contractor may provide an Umbrella/Excess insurance policy to comply with
this requirement.
The Contractor's insurance coverage shall be primary insurance as respects to the City, a political
subdivision of the State of Florida, its officials, employees, and volunteers. Any insurance or self-
insurance maintained by the City,its officials,employees,or volunteers shall be excess of Contractor's
insurance and shall be non-contributory.
Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage
for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach
of contract.
All required insurance policies must be maintained until the contract work has been accepted by the
City,and/or this Contract is terminated.Any lapse in coverage shall be considered breach of contract.
In addition, Contractor must provide confirmation of coverage renewal via an updated certificate
should any policies expire prior to the expiration of this Contract.The City reserves the right to review,
at any time,coverage forms and limits of Contractor's insurance policies.
All notices of any claim/accident(occurrences)associated with this Contract,shall be provided to the
Contractor's insurance company and the City's Risk Management office as soon as practical.
It is the Contractor's responsibility to ensure that all independent and subcontractors comply with
these insurance requirements. All coverages for independent and subcontractors shall be subject to
all of the requirements stated herein.Any and all deficiencies are the responsibility of the Contractor.
NOTE: These are minimal insurance requirements. Additional insurance, (e.g., Sexual Assault and
Molestation, etc.) may be required based upon the type of event, event location, and/or number of
participants.
Revised 04/25/2025
AMERICA'S GATEWAY TO THE GULFSTREAM
580 Goddard Avenue
• Chesterfield,MO 63005
Phone: (636)530-8000
® Fax: (636)898-5078
nsituform® -azuria5078
An azuria Water Solutions Company
INSITUFORM TECHNOLOGIES, LLC
PRESIDENT APPONTMENT OF
CONTRACTING AND ATTESTING OFFICERS
The undersigned,being the President of Insituform Technologies, LLC, a Delaware Limited
Liability Company(the "Company"), and pursuant to the authority set forth in the Limited Liability
Company Operating Agreement of the Company, hereby determines that:
1. Christlanda Adkins,Janet Hass, Diane Partridge, Whittney Schulte, Ursula Youngblood and
Patrizia Sordillo are appointed as Contracting and Attesting Officers of the Company, each with
the authority, individually and in the absence of the others, subject to the control of the Board of
Managers of the Company,to: (i) certify and attest to the signature of any officer of the
Company; (ii)enter into and bind the Company to perform pipeline rehabilitation activities of the
Company and all matters related thereto,including the maintenance of one or more offices and
facilities of the Company; (iii) execute and to deliver documents on behalf of the Company; and
(iv)take such other action as is or may be necessary and appropriate to carry out the project,
activities and work of the Company.
2. Any person previously appointed or serving as a Contracting and Attesting Officer of the
Company prior to the date hereof and who is not named above is hereby removed from any such
appointment.
Dated: March 04, 2025
•
7,1-70".
Burl'M. Keating
President
STATE OF MISSOURI )
COUNTY OF ST. LOUIS )
On this 4th day of March, 2025,before me,the undersigned notary public,personally appeared
Burt M. Keating,known to me to be the person whose name is subscribed to the within instrument and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
JAMIE L PERRYM N
NOTARY PUBLIC-NOTARY SEALSTATE OF MISSOUFt1 N-
n
MY COU$MSSION EXPIRE SAUGUST 26,2029 [\w'Y1�4 '`. ,^t Y r J"
STCHARLES COUNTY Jamie L. erryrrian;Notary_)
COMMISSION 012347530
1.)1YEACk1 of
C0PPOP r'10
an official arty of Florida website
Deoartment of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Foreign Limited Liability Company
INSITUFORM TECHNOLOGIES, LLC
Filing Information
Document Number M12000000304
FEI/EIN Number 13-3032158
Date Filed 01/18/2012
State DE
Status ACTIVE
Last Event LC STMNT OF RA/RO CHG
Event Date Filed 02/19/2024
Event Effective Date NONE
Principal Address
580 GODDARD AVE.
CHESTERFIELD, MO 33005
Changed: 02/19/2024
Mailina Address
580 GODDARD AVE.
CHESTERFIELD, MO 33005
Changed: 02/19/2024
Registered Agent Name&Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
Name Changed: 02/19/2024
Address Changed: 02/19/2024
Authorized Person(s) Detail
Name &Address
Title President & Chief Operating Officer
580 Goddard Avenue
Chesterfield, MO 63005
Title Senior Vice President, Secretary
Schoenekase, Daniel
580 Goddard Avenue
Chesterfield, MO 63005
Title VP, Manager,Authorized Representative
Await, Joseph
580 Goddard Avenue
Chesterfield, MO 63005
Title Contracting and Attesting Officer
Partridge, Diane
580 Goddard Avenue
Chesterfield, MO 63005
Title Sr. Vice President & Treasurer
Hake, Donald E
580 Goddard Avenue
Chesterfield, MO 63005
Title Sr. Vice President
Heggemann, John L
580 Goddard Avenue
Chesterfield, MO 63005
Title Senior Vice President, General Manager
Welsh, Kendall
580 Goddard Avenue
Chesterfield, MO 63005
Title Contracting and Attesting Officer
Schulte, Whittney
580 Goddard Avenue
Chesterfield, MO 63005
Annual Reports
Report Year Filed Date
2023 02/02/2023
7n74 min7/7n74
Document Imagers
03/05/2025--ANNUAL REPORT View image in PDF format
03/07/2024--ANNUAL REPORT View image in PDF format
02/19/2024--CORLCRACHG View image in PDF format
12/04/2023--AMENDED ANNUAL REPORT View image in PDF format
02/02/2023--ANNUAL REPORT View image in PDF format
11/08/2022--AMENDED ANNUAL REPORT View image in PDF format
07/13/2022--AMENDED ANNUAL REPORT View image in PDF format
06/16/2022--AMENDED ANNUAL REPORT View image in PDF format
04/25/2022--ANNUAL REPORT View image in PDF format
10/14/2021 --AMENDED ANNUAL REPORT View image in PDF format
03/17/2021 --ANNUAL REPORT View image in PDF format
01/23/2020--ANNUAL REPORT View image in PDF format
03/26/2019--ANNUAL REPORT View image in PDF format
03/02/2018--ANNUAL REPORT View image in PDF format
03/10/2017--ANNUAL REPORT View image in PDF format
01/04/2016--ANNUAL REPORT View image in PDF format
01/09/2015--ANNUAL REPORT View image in PDF format
01/15/2014--ANNUAL REPORT View image in PDF format
01/30/2013--ANNUAL REPORT View image in PDF format
01/18/2012--Foreian Limited View image in PDF format
Florida Department of State,Division of Corporations