R17-0481
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RESOLUTION NO. R17 -048
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AN AWARD OF BID AND
AUTHORIZING THE CITY MANAGER TO SIGN A
CONTRACT WITH INSITUFORM TECHNOLOGIES,
LLC., AS DETERMINED BY REVIEW OF BIDS
SUBMITTED IN RESPONSE TO ITB 01- CIPP -17 /TP .FOR
"CURED -IN -PLACE PIPE LINING" IN THE AMOUNT OF
$138,190.30; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 17, 2017, the City Commission approved a list of three
(3) pre - qualified contractors to perform Cured -In -Place Pip (CIPP) Lining as a result of
RFQ 9057- 2821 -16 /TP so that when Utilities has a CIPP project a bid will be sent to the 3
pre - qualified contractors and ask them to submit bids from which one will be
recommended to be awarded the contract; and
WHEREAS, staff reviewed the bid proposals and it was determined that Insituform
Technologies, LLC was the lowest, pre - qualified bidder; and
WHEREAS, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens of the City of
Boynton Beach to award ITB O1- CIPP -17 /TP for Cured -In -Place Pipe Lining in the amount
of $138,190.30 and authorize the City Manager to sign . a Contract with Insituform
Technologies, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption.
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Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the award ITB 01- CIPP -17 /TP for Cured -In -Place Pipe Lining in the amount of
$138,190.30 and authorize the City Manager to sign a Contract with Insituform Technologies,
LLC., a copy of which is attached hereto as Exhibit "A ".
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this 16 day of May, 2017.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Justin Katz /
Commissioner — Mack McCray /
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
J 'C�
ATTEST:
Judi A. Pyle, CMC
Cite Jerk
(Corporate Seal)
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CST 0-
CURED-IN-PLACE 1
CURED -IN -PLACE PIPE LINING (CIPP)
Phase 5.1
RFQ No..: 057 - 2821 -16 /TP
ITB 01 -CIPP-1 7/TP
CONSTRUCTION CONTRACT
THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal
corporation, hereinafter referred to as "CITY", and Insituform Technologies, LLC, a corporation
authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR ".
WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain
construction services.
WHEREAS, at its meeting of May 16, 2017, by ResolufionNo._ the CITY Commission
authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: ITB
01- CIPP- 171TP, and;
NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. SCOPE OF WORK
CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary
WORK in the manner and form provided in the Contract Documents entitled: CURED -IN -PLACE PIPE
LINING (CIPP) Phase 5.1 RFQ No 067- 2821- 16 /TP, ITB 01- CIPP- 17 /TP.
Article 2. CONTRACT TIME; LIQUIDATED DAMAGES.
2.1 The WORK will be substantially completed. within 75 calendar days from the date when
the Contract Time commences to run as provided in paragraph 2.3 of the General
Conditions, and completed and ready for final payment in accordance with paragraph
14.9 of the General Conditions within 15 calendar days from the date of Substantial
Completion.
2.2 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 a
certainty. 'CITY and CONTRACTOR also recognize and acknowledge the delays,
expense and difficulties involved in proving in a legal preceding the actual loss suffered
Boynton Beach Utilities - Cured -In Place Pipe Lining (CIPP) Phase 5.1 C -1
ITB 01- CIPP -17lrP
Revised 5/912017
by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any
such proof, the CITY and
2.3 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay the CITY, FIVE HUNDRED Dollars ($500.00) 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, ONE
HUNDRED TWENTY -FIVE Dollars ($125.00) for each day that expires after the time
specified in paragraph 3.1 for completion and readiness for final payment.
Article 3. CONTRACT PRICE
CITY shall pay CONTRACTOR, for 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:
ONE THOUSAND THIRTY EIGHT, ONE HUNDRED NINETY DOLLARS_ AND THIRTY CENTS
(Written)
$138,190.30
Article 4: 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.
4.1 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.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. CONTRACTOR shall submit with each Application for Payment, and
updated progress schedule acceptable to the CITY and a Warranty of Title /release of liens
relative to 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) days after approval by the CITY of CONTRACTOR'S Application for
Payment and submission of an acceptable updated progress schedule.
4.2 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) Phase 5.1 C -2
ITB 01- CIPP -17TTP
Revised 519/2017
completion of the construction services.
4.3 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:
4.3.1 Defective Work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against CONTRACTOR.
4.3.3 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS
or for material or labor.
4.3.4 Damage to another CONTRACTOR not remedied.
4.3.5 Liquidated damages and costs incurred by the CITY for extended construction
administration.
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.
4.4 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.
Article 5. 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 6. CONTRACT DOCUMENTS
The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if
attached hereto:
6.1 Invitation to Bid
6.2 Instructions to Bidders
6.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid
Bond, and all required certificates, affidavits and other documentation)
6.3 Contract
6.4 Contractor's Performance and Payment Bond
6.5 General Conditions
6.6 Special Conditions
6.7 Technical Specifications
6.8 Drawings entitled: Attachment "C, Cured -In -Place Pipe Lining (CIPP) Phase 5.1
6.9 Addendum No. 1 Dated March 27, 2017.
6. 10 Addendum No. 2 Date March 31, 2017.
Boynton Beach Utilities— Cured -In Place Pipe Lining (CIPP) Phase 5.1. C ^3
ITB 01- CIPP -1VrP
Revised 5/9/2017
ARTICLE 7. NOTICE All notices required in this Contract shall be sent by certified mail, return receipt
requested and if sent to the CITY shall. be mailed to:
City of Boynton Beach
Attn: Joseph Paterniti, Operation Field Manager
124 E. Woolbright Road
Boynton Beach, FL 33435
Tel (561) 742 - 6423
Copy to: Procurement Services Division
Attn: Director of Finance
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach FL 33425
Tel (561) 742 -6311
Fax (561) 742 -6322
And if sent to the CONTRACTOR shall be mailed to:
CONTRACTOR; Insituform Technologies, LLC
ADDRESS: 17988 Edison Avenue
CITY /STATE /ZIP: Chesterfield, MO 63005
Attn! Diane Partridge, Contracting and Attesting Officer
Tel: (636) 530 -8000
Fax: (636) 530 -8701
Article 8. INDEMNITY
In consideration of Twenty -Five Dollars ($25.00) in hand paid and other valuable •consideration, receipt of
which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its
agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated
herein and made a part hereof as if fully.set forth herein. It is the specific intent of the parties hereto that the
foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and
agreement of said parties that all of the Contract Documents on this Project are hereby amended to include
the foregoing indemnification and the Specific Consideration.
Article 9. 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 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 10. 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:
10.1 Keep and maintain public records required by the CITY to perform the service;
10.2 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;
10.3 Ensure that public records that are exempt or that are confidential and exempt from public
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) Phase 5.1 C -4
1TB 01- CIPP -17/TP
Revised 5/9/2017
record disclosure requirements are not disclosed except as authorized by law for the
duration of the contact 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,
10.4 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.
10.5 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:
JUDY PYLE, CITY CLERK
100 E. BOYNTON BEACH BOULEVARD.
BOYNTON BEACH, FLORIDA, 33435.
561 - 742 -6061.
PYLEJ @BBFL.US
Article 11. MISCELLANEOUS.
11.1 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 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.
11.2 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.
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) Phase 5.1 C -5
ITB 01- CIPP -17/TP
Revised 5/9/2017
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the
day and year set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies,
each of which shall be considered an original on the following dates:
DATED this - 91 day of 1 2017.
CITY OF BOYNTON BEACH CONTRACTOR
Insituform Techno
Lori LaVerdere, City Manager Name
Attest/Authenticated:
Title
Judy
Approved
Diane Partridge
Contracting and Attesting Officer
(Corporate Seal)
gea4y Laura Andreski -
Contracting and Attesting Officer
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) Phase 5.1 C-6
ITB 01- CIPP -17/TP
Revised 5/9/2017
INSITUFORM TECHNOLOGIES, LLC
ASSISTANT SECRETARY'S CERTIFICATE
The undersigned, being the Assistant Secretary of Insituform Technologies, LLC, a Delaware
limited liability company, hereby certifies that:
The following is a true and correct excerpt from the Limited Liability Company Agreement of the
Company:
Appointments by the President The President of the Company may from time to time appoint
Officers of the Company's operating divisions, and such contracting and attesting officers of the
Company as the President may deem proper, who shall have such authority, subject to the control
of the Board of Managers as the President may from time to time prescribe.
2. The President of the Company has, pursuant to the above authority, duly appointed Laurie
Andreski, Janet Hass, Jana Lause, Diane Partridge, Whittney Schulte, and Ursula Youngblood 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, (i) to certify and to attest the signature of any officer of the. Company, (ii) to enter
into and to bind the Company to perform pipeline rehabilitation activities of fhe Company and all
matters related. thereto, including the maintenance of one or more offices and facilities of the
Company, (iii) to execute and to deliver documents on behalf of the Company, and (iv) to take
such other action as is or may be necessary and appropriate to carry out the project, activities and
work of the Company.
IN WITNESS WHEREOF, I have hereunto affixed my name as Assistant Secretary this 21" day
of April, 2017.
INSITUFORM TECHNOLOGIES, LLC
B A
By:
April A. Greer
Assistant Secretary
Name: f• llllllllillflEll llllllllllllllllllll fill llll
Aaa.aas CFN 201710185070-
RECO E:K 2* 1106 f�� 0710
RECORDED 48/24/2017 49s47s05
Paler Beach C n121 Florida
Sharon R. Bocic'CLERK , COMPTROLLER
Pss 0710 - 718; (9p3
PERFORMANCE p CE BOND
B0nd&0- 10VM12
KN91W ALL MEN BY THESE PRESENTS: that lneftofhnn 7'Grltniif
(insect name of Contractor)
17988 Edison Avextu 0=tcrti6td M0 63005 as Principal,
(Addressor legal title of Contractor)
hereinafter called Contractor, and
Travelers Celts and Surety Comoans of ma.;, Hartford, CT 05183
- - (Flame and address of Surety)
as Surety, hereinafter called Surety, are held and firmly -bound unto CITY OF BOYNTON
BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425 -0390 as Obligee, hereinafter
called Owner, In the amount of
,�IIC Hundred 1 l iiY r fii 7t _ Dollars On G Tinndred NlHC4'9 8C3U /lli0
($ 138,190.30 - - ! j, for payment whereof Contractor and Surety bind themselves,
their heirs, euecutora, administrators, successors and assigns, Jointly and severally, firmly by
these presents.
WHEREAS,
Contractor has by written agieement dated. 1 20 entered
Cured -ln -Place Pipe Lnaing (CIPP) Please 5.1
into a contract vlfh Owner for RPQ No.os7- 2a21 -161TP rMo1 .rap - toner to
accordance with drawings and specifications prepared by
which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract.
Boynton Beach Ukl res — Gvted•in Piaee Pf{e Un
. M (ClpP) pFB- -1
7H1S FORtA SFrAI1, BE EXECUTED BY CONTRACTOR AND SUMTTED
Aw D
A
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that, If Contractor shag
promptly and faithfully perform such Contract, then this obligation shall be nug and void;
otherwise It shag remain In full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to. be In default under the Contract, the
Oirner having performed Owner's obligations thereunder, the Surely may promptly remedy the
defaul or shag promptly.
1.. Complete the Contract in accordance with its tam and conditions, or
2. Obtain a bid or bids for completing the Contract In accordance with Its terms and conditions,
arid upon determination by Surety of the most responsible bidder, or, If the Owner elects,
upon determination by the Owner and the Surety jointly of the most responsible bidder,
arrange for a contract between such bidder and Owner, and .make avallable • 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) suff dent 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 tbrm 'balance of the contract price', as used In this
paragrapb, shall mean the total amount payable by Owner to Contractor under the contract
and any amendmepts thereto, less the amount property pail by Owrmr to Contractor. • ,
Any suit under this bond must be Instituted before'the expiration of one (1) year from the date
on which final payment.underthe Contract fags due. :
No right of action shag accrue on this bond to or for the use of any person or corporation other
than the Owner named herein or the helm, executors, administrators or successors of the
Owner.
This bond Is issued In compliance with Section 255.05, Florida Statutes as may be amended. A
claimant, except a laborer, who Is' not In privity with the Contractor and who has not received
payment for its labor, materials, or supplies shag, within 45 days after beg'mrring to furnish labor,
materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he
Intends to took to the bond for protection. A claimant who is not In privily with the Contractor and
who has not received payment for Its labor, materials, or supplies shag, within 90 days after
performance of the labor or after complete delivery of the materials or euppfles, deliver to the
Contractor and to the Surety written notice of the performance of the labof or delivery of the
materials or supplies pnd the nonpayment No ac6afor the labor, materials, or supplies may be
instituted against the Contractor or the Surety unless both riotioes have been given. No action
shall be Instituted against the Contractor or the Surety on the bond after one (1) year from the
performance of the labor or completion of delivery of the materials or supplies.
aayMan Beach L9JV 3 — Cured4n Place Pip® Lining P") PFB• 2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMnTED
ATAWARD
Signed and sealed -this - day of 2047.
Witness L==Andrejj,
Coatrnefiag &Attesting Offiu cr
fl
.1Ndnes's ,A®mndsL.Wiltiams __
END OF PERFORMANCE BOND
_Inaltafoz>mTechaolo
Pdndpal
Title Sh ink Partrf jGC; COnirnctTr R
w
and Sm%-ty Cq r • l 2
Surety _
Att=63!jn -Fact ,,AndieteP.Thome ,r +' .r a : Q`�
acynton BOWA UUl UW— Cunt! -Tn Fbca Ptpa Uning (CIPP) PFB- 9
IBIS FORM SHALL BEEXECUTED BY CONiRAOTOR AND SUBMITTED
ATAWARO
I.
PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF
THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE
CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that insimfom Tecbnotogies, LLC
(Insert name of Contractor)
17988 Edison AvE®e, Chesterfield, MO 63005 as Principal,
. . '(Address or legal title of contractor)
heretnafter called Principal. and
Ttevelecc � �a�dSuri}•: Com�ai�rofAmaip�OneTowerSUn3 .Hsrtlord,CT06183 -
I
(N
Name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON
BEACH, P.O. BOX $10, BOYNTON BEACH, - FLORIDA 33425-0310 as Obligee, hereinafter
ached Owner, for the use and benefit of claimants ds here below defined, in the amount of
One Hundred• t Thousand One gun
Dollars for payment whereof Principal and Surety bind themselves, their
heirs, exeeutOM administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, Principal' has by written agreement dated
2017, entered into a contract with - Owner Tor
Cured -In -Place Pipe (CIPP) Phase 5.1
RP .057- 282 1�6J'`1, iit +1'- i ?�7I� In
accordance with drawings and specifications prepared by
which contract Is by reference made a part of hereof, and is hereinafter referred to as the
Contract-
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall
Promptly make payment to all claimants as hereinafter defined, for all tabor and material used or
reasonably required for use In the performance of the Contract, then this obligation shall tie null
and void; otherwise it shali.remain in full force and effect, subject, however, to the following
conditions:
Bwfl tbn Beach U=65— Cumd4n Puce Pipe LUng (CIPP) PYB• 1
71115 FORRA:SIiAI. 8E EXECUTED 6Y CONTRACTGR AND SUEg1TTED
ATAWARD
1. A claimant Is defined as, one having a direct contract with the P
subcontractor of the Principal for labor, materiel or both, used or reasonably ith
in the performance of the Contra labor and Incl Y required for use
water, gas. poVMr. It^ heat CU. asoline, telephone serves or rental of uipment directly
applicable to the Contract.
2• The above named Principal and Surety hereby jotnfty and severally agree with "the Owner
that every dabfrant as herein defined, who has not been paid in firU before the expiration of
a period bf ninety '(90) days after the date on which the last of such Claimant's work or labor
1 was done or performed, or materials were fumished'by such claimant, may sue on this tiond
for the use. of such, claimant, prosecute the suit tb final judgment for such sum or suma as
may be justly due claimant, and have execution thereon. The Owner shall not be liable for
the paymerft of any'costs or expenses of any such sulL
& No suit pr action shall be commenced hereunder by any claimant
a Unless claimant,•other'than one having a dirrect contract with the Principal, shall have
given written notice to any two of the following: the Principal, the Owner, or the Surpty
above•named' within ninety (90) days after such claimant did or performed tine last of the
work or labor, or furnished the last of the materials for which such claimant is made,
stating with substantial accuracy the amount claimed and the name of the party to whom
the materials were furnished, or for when the work or labor was done or performed. Such
notice shall be served by mailing the same by registered mail or Certified mail, postage
prepaid, In art envelope addressed to the Principal. Owner or Surety, at any place where
an office is regularly maintained for the transaction of business, or served In any manner
In which legal process may be served in the State in which the aforesaid project is
located, save that such service need not be mods by a public officer.
b. After the expiration of one .(1) year following the date on which Principal ceased on
such Contract, it being• understood, however, that if any limitation embodied In this bond
Is prohibited by any law controlling the construction hereof such limitation shall be-
deemed to b& amended so as to be equal to the minimum period of firrnitation permitted
by such few.
III
c. Other than in a State Court of competent jurisdlction In and for the County or other
political subdfirision of the State in which the Project,. or any part thereof, Is situated, or in
the United States District Court for the dlstrict in which the Project, or any part thereof, Is
situated, and not Qlsewhere.
4. The amount of this bond shall be reduced by and to the extent of a payment or payments
made in good faith hereunder, Inclusive of the payment by Surety of mechanics fiens which
may lie filed of record against such improvements, whether or not claim for the amount of
such Ran be presented under and against this bond.
S. This bond is Issued in compliance with Section 255.0S, ; Florida Statutes, as may be
amended A claimant, except a laborer, who Is not in privily with the. Contractor and who has
not received payment for Its labor, materials or suppiies shall, within 45 days after
beginning,lo furnish labor, materials, or supplies for the prosecution of the work, fumish the
Contractor with a notice that he Intends to look to the bond for protection. A claimant who Is
not in privity with the Contractor and who has not received payment for Its labor, materials,
or supplies shall, within 90 days after performance of the labor- or after complete delivery of
BoYnton Beach LWWas- Cura64a Place Pipe I.Ining (C.IPPI FM2
THIS FORM SHALL BE E)�CUTEp BY CONTRACTOR AND SUBMITT
ATAWARD . -
the materials br supplies." deliver to the Contractor and to the Surety written notice of the
performance.of the labor or delivery of the materials or supplies and the nonpayment No
action for the labor, materials, or supplies may be instituted against the Contractor or the
Surety unless b oth notices have been given. No 'action shall be instituted against the
Contractor or the Surety on the bond after one (1) year from the performance of the tabor or
completion. of delivery of the materials or supplies.
Signed acid sealed this _ day of 2017.
IndtUform
Principal
V1f ess Lama 11 n Diane Partridge, Cmh•�ag & Attes'
Contracting &Aneating Office Yiavclecs Casualty and 5 * H t p P l '' 3l;4
IRJ I ,l.1/ surety
Witness , Amanda L. Williams � t � �
A U�.E�-U fi? I,Lrt
.+aomgy , fi- Fact,AndwwP.Thome ?•• 4C
'A w8. i „! i
END OF PAYMENT BOND .. • 'b'
t
Boynton Beach UIDAIe:— CmecI4n Place Pyre Lining (cal pMS
THIS FOAM SHALL B£ EXECUTED BY CQNTRACTOF A N S UBIKITTED
A T AWARD
State of NTissond
County of At Louis
on bef ore me a Notary Public in and for said County and St res t duly
commissioned- and sworn Personall appeared Andr P . Tho rne k n o wn kno to me to be Attorn
Fact of ey-in-
TRAvELERs CASUALTY AND SURETY COWANY OF AMXPjcA
the corporation described in and that executed the within and foregoing instrument, and ku wn t m a
to be the person who executed the said instrument in behalf of said corporation, and e
acknowledged to me that such corporation executed the same. he duly
IN
stated WITNESS WIM-REOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate above.
Amanda L Williams , j4a
AMANDA L WEILIAM'S
No tary Public - Notary Seal
T
5 - ATE OF MISSOURI
St. Lows County
, j.hgy Corranssion Expaeb: July 24�.2017i
M Commission Expires: �7
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MyFlcridaCounty Payment Service
Main Recording - Receipt
Your payment has been successfully processed
Main Recording Receipt Number: 16638332
0512412017 06:46 AM
SeMce Information
Phone: 4070885582
Payment Amount
Amoune $92.50
Service For, $3.24
TaW: $95.74
Credit Card Info
Page 1 of 1
Ham an card; TUCKER JOHN C
catrd number. """"""1001
Then 4 a uoratafandabis,.@% fora perbaomploo to peoeidpffiis aavtea
This Service fao is NurpSd by WffWftcow jy eoM
YourCnd➢!Cab5 tisrnmlvdadWaytbSvandpraatneGFRWbebaeC0on4Feomforb016tpde tame.
For bd'mtoaffm on rofurtda orfor ®emnl inquldak pisam Ma ougoowouppon on WM 321, BM.
h4s : / /www.mynoridacounty.com/mync- pay /otc /reccipLdo 5/24/2017
JW TERRILL
I
a Marsh & McLannan Agency LLC company
Insurance, Benefits
& Risk Management
Suite 200
825 Maryville ( ;•ntrc I hire
i1�i- 594 -Z %OU
May 23, 2017
www.jwterrill.com
City of Boynton Beach
i
PO Box 310
Boynton Beach, FL 33425 -0310
Re: Insituform Technologies, LLC
Project: Cured -In -Place Pipe Lining (CIPP) Phase 5.1, RFQ No. 057 - 2821- 16/TP,
ITB 01- CIPP -17/TP
Bond No. 106728612
Dear Sir or Madam:
The Performance and Payment Bonds covering the above captioned project were
executed by this agency through Travelers Casualty and Surety Company of America
insurance company on May 19, 2017.
We hereby authorize you to date the bonds, jurats, and powers of attorney with the
date of the contract.
If you should have any questions or concerns, please call me at (314) 594 -2620.
Sincerely,
J. W. Terrill
Andrew P. Thome,
Attorney -in -Fact for Travelers Casualty and Surety Company of America
State of Missouri
County of St. Louis
On Ma_f' 23.20]7: ,.before me, a Notary Public in and for said County and State, residing herein, duly
commissioned and sworn, personally appeared, Andresen P. Thome known to me to be Attorney -in -Fact
of
TRAVELERs C ASUALTY AND SURETY COMPANY OF AMERICA,
a corporation described in and that executed the within and foregoing instrument, and known to me to
be the person who executed the said instrument in behalf of said corporation, and he duly
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
stated in this certificate above.
BambarePuchholdi Notary PH lic
BA RBARA BUCHHOI
� NotaryPuWic— NatarySeat
State of Missouri, Jefferson Cauntg
CommDssian 9
Mm Commission Eugres Sept. QY, 281
My Commission Expires: __.._ - S.
... WARNIMO: THIS PUYdER'OFA7TORNEY IS
TRAVELERS !f POWER O FATIURNIN
Farmington Calamity Company SL Punt Mercury Insurance Company
Fidelity and Guaranty InmrrnRre Company 71•uvelcra Cttamlly and Surety Com Fidelity and Guaranty Insurance Underwriters, Inc. Mravelees Carnality and Surety Cnmpuny of Ammien
St. Paul Fire and Marine Irtsurialm Company United States Fidelity and Guaranty Company
SL Paul Guardian Lamrunce Company t
4
t
Attorney -In Fuel No. 23 1637 Certillrate No. 007161799
1
KNOW ALL MEN HY PIIESS PRFST"Oafl'S: - 11mt Nanningmn Carnally Company, Si.
Print Pte and Marine hwumtac Company. Si. Paul Gunnlimi losuramace i
Company, SL Paul Mercury Insurance Company, Tmwlcrs Custsnhy and Surely Company, Travelers Casualty and Surer Gam
rrdelity and Guaranty Company tae Y Y Iuuty of Amn a and outlet Slates
rarrpora}innx duly trrgmaixel under the lows of the State of Cnaner7icul, th 1•Tdelily amt Guaranty insurance Company is a '
corporation duly organized under the laws of Lite State of Iowa, and that f•7delily and Guaranty Insurance Undernviilem, hue., is u corporation duly uugmaizel under the $
laws of the State of Wisconsin (heroin collm:tively called the • 'Companies'), and that the Companies do herchy make, constitute and uppoird
1
i
Andrew P, TIlonle. Dana A. Johilessce, Peter J. Mohx I)chru A. Woodard, Harhara Huchhold, Michael 1). Wirnletnetrx, Amanda L. Williams,
C'rr:orgina drink, nod Andrea McCarthy
of the City of __._- CheuerRCld - - - _ -- State of _ _ Missouri _ _ ,their true and lawful Altontcy(s)- iii -Pact.
each in Ihcir separate capacity If more than One is named above, to sign, eseoule,seol and acknowledge any and all bonds, mcognizaiuus,eandiliunat umhrlakings amt
Other writings obligatory in the nature thereof on behalf or the Companies in their busiamss or guntantocing the fidelity of pcmons, gummntecing the performance of ^
contracts and executing or guaranteeing leads and undertakings required or pertained in tiny actions or proceedings allowed by law. {
F
,1
a
t
!i
I �
d
IN WITTV4'45 WHEREOF, We Companies have (.Mosel this instrument td he xigned and their corporate seals to Ia: hotel,, t Mxcl, this 271h
dayuf .. March - -- 2017 -- -' - - --
Furmington Casualty Company
Fidelity and Guaranty Insurance Criminally
Fidelity and Guaranty Insurance Underwriters, Inc.
SL Raul Fire and Marine Insurance Company
St. Paul Guardian Imsnrance Co
St. Paul Mercury Irrsuralim Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Couhpany MAmeritm
United State? Fidelity and Guaranty Company
I
j�� )E)
Stale orconneclieui
City of Hartford ss.
6y:
$ Un this the _ 27th _ _ day of„ Mar _ 2017 berme ran personall la: the Senior Vice President of Farmington Casually Campany, Fiidelity and Guaranty Insurance Company, Fidelity m Guaranty insurance UnderwritersK� hi St. Paul
are and M irinu Insuram a Cmmpany, St. lint Cuardimi lnsurmxe Campany, SL Paul Mercury lmumow Company,Tmwlcas Casualty and Surety Campmiy, -
f Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, mid that ho, mm such, W- jig wthori-md w to do, executed the f .mgoiny,
inslmmenl for the purposes therein contained by signing on bahalf or ds coipnmtions by hinrsulf as u dtdy nullnrized officer.
i
In Wirers Whereof t hcmunto set ray hand mad official sell, TdIR i
R My Commission expire the 30th day Grime, 2021. —
d Marie C.741nasls. Nurary Wblie
�l 1
584413-5.76 Printed In U.S.A.
i
WARNING: THIS POWER OF ATTORNEY 13 INVALID WITHOUTTHE RED BORDER
WARNItd(i: T1115 POWER OF ATTORNEY 131M/ALID WRTiOIJTTHE RED BORDER
S' 'Phis Power of Attorwy i:, grnnteir underlaid by the aullumity of the I'nllmving mxcdulions adopted by the Rumdx orbiuucnaa or Farmington Calamity Gtmlxmy, Irdcliiy
}
and Guarani Insurance Company, Fidelity and Guaranty Insaranee Underwriters, Inc., St. Paul Fitu auto Merits Insurance Company, St. Paul Cmardian Insurance
ta Connpnuy, St. Pawl Mercury Insurance Company, Travelers Casually and Surety Company, Travelers Casually and Sumiy Company or America, and United Slaves
a' Fidelity and Guaranty Ccmcpany, which resolutiume are ncnv In full race and effect, reading as follows:
RfisOl VED, than lite ( Ilse PrUSidrml, finy Vice Chairman, any Rxeynive Vice Pre4denl, any Senior Vice President, any Vice Pml;idoat, any Second Vice
Piceidem, dtc'Ihvsurcr, any Assixtam'freasurer, the Ctrpmnte Secretary or any Ass(sanl Secretary ma and may give such n Y a ppo i nt to sign with and Agent n net for and on behalf
of the Company
ppoinlix such authority as his or her cxa[ifieate of authority "MY prcscrihe M sign with the Company's name and seal with the
Company's marl bonds, rixognizances, canitaclS or indemnity, nail other writings Obligatory in the nature of a bond, recognizance. or conditional undertaking, find any
or said uIrMa•rs fir the Board or Directors of any time may remove any such appointee and revoke the power given him or her and it is
FORT HER RISSOI.VI3). that the Chairman, The President, any Vim Chairman, any Exexutive Vice Presidenl, nny Senior Vice President or any Vice Provident may
dektuue fill or say part of lbc foregoing authrtrily In 1me fir nmrc alf icers or amilloyws of this Company, provided that etude such delegation is in
dterusr is filed fit the off ice of Fla: Scenuary; laid it is writing and a copy
a FU)Yr IKII RKHOLVED, dal an boml, react • '
! Y I,mzanm, contract of inJeunmily, or writing oblirpurcy in the nature of a bond, ttxugnimnrc, or cwtdilimal undertaking
%hall lu valid and binding upon the Company when (a) signed by the President, any Vice Chairman nny Excculive Vice PmAdcnl, Lilly Senior Vice President Or any Vice
)'resident, any Second Vice President, the 'Ihasuror, ally Assistant 9'reastter, Ilse Corporate Secretary or any Assistant Secretary will duly attested and scaled with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or mote Ailorfcys- in -Falu and Agents pursuant to the power
prescribed in his or her certificate tx their certificate of authority or by cmc or more Company offrcors pursuant to a written delegaioo or authority; and it Is
FURTHER HUM)LVED, [hill the signature of eseh of the following oMcers: Prosidenl, any accutive Vice President, say Senior Vice President, any Vice president
any Assistant New a President, nmy Seautmy, any Assistant Scerdary, and the seal or the Company may be affixed by rmmlmile to ally Power of Attorney or to any
ceniffcue relating Ihmefn appointing Resident Vice Presidents, Residual Assistant Sccretmties orAtlorneys -in -Fact for purposes only oruxccudng amt attestin o
facsimile fig ho
and undertakings find other writings obligatory in the nature thereof, and any such Power ot'AOurney or eertifiratte bearing such facsimile signature or nd
shall he vatfd find binding upon the Company find any such power so exra:uted and certified by S,ac4a facsimile sig acs' b and such tc scot le sii be v
binding an
the Company is the future with mspxt to any hunt or understanding to which it is attached.
1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casually Company, Fidelity and Guaranty insurance Company. Fidelity and Ouumnty lnsurnnce
IJmkxcvriters, Inc., St. Pull] F and Marine lnsuranea Company, St, Paul Guardian Insurance Company, St. Paul o
Mem ry insurance Company, Travelers Casually and
Surety Company,Tratvelcm Casually and Sumty Company afAna:tica, and United. Slates Fidelity and Guaranty Company do hereby certify dal the'nMsve and fotegeting
is a true and correct copy of one Power of Altontcy exautel by said Campanian, which Is in rull fnrcc and effect and has not been revoked.
IN TEN I'IMONY WIIRREOF, I have hereunto set my Road and airlsel the seals of so
s
a
idCctmpanics this ---23 .day of. --- - _14ay T yf 77
. -- —
Kcvio li. Hughes,Assishuat S nary
i P }
��" \ - .,.,..r/ '�. /' "mod r �`•�'
T'u verify the authenticity of this Power fir Altontcy, call 1-800- 421 -38HO or contact us ut www.travelersban d.com, Please refer W the Aanmey -In-Foci number, one
ahuve-named individwdS and One details or the hand In which the power is attuchc d.
I WARNING:THlS POWER OFATTOANEY IS INVA(ID WfTHOIIrIt! RED 6OADER