R22-0091 RESOLUTION NO. R22- 009
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A
5 CONTRACT WITH INSITUFORM TECHNOLOGIES, LLC AS THE LOWEST
6 PRE -QUALIFIED BIDDER RESULTING FROM RESPONSES TO THE
7 REQUEST FOR BIDS FOR CURED -IN-PLACE PIPE LINING, (BID NO. ITB
8 04-CIPP-22/TP) IN THE AMOUNT OF $347,9S2.60 PLUS A 10%
9 CONTINGENCY OF $34,795.26 IF NEEDED FOR STAFF APPROVAL OF
10 CHANGE ORDERS FOR UNFORESEEN CONDITIONS FOR A TOTAL
11 EXPENDITURE OF $382,747.86 FOR THE GRAVITY SEWER MAIN
12 MULTIPLE NEIGHBORHOODS PROJECT BASED ON UNIT COSTS
13 PROVIDED BY INSITUFORM TECHNOLOGIES, LLC. IN THEIR RESPECTIVE
14 BID; AND PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, on January 17, 2017, the Commission approved a list of three (3) pre -
17 qualified contractors to perform Cured -In -Place Pipe (CIPP) Lining as a result of RFQ #057-
18 2821-16/TP. The intent is that when utilities has a CIPP project a bid will be sent to the
19 three (3) pre -qualified contractors and ask them to submit bids from which one will be
20 recommended to be awarded the contract; and
21 WHEREAS, a Request for Bids was issued to our pre -qualified Contracting Firms to
22 submit line item pricing to perform Cured -in -Place Pipe Lining (CIPP) of gravity sewer mains in
23 multiple areas (Palm Beach Leisureville, San Castle, SE 10th Ave/SE 3rd St., NE 6th Ave)
24 throughout the Utilities' service area; and
25 WHEREAS, staff reviewed the bid proposals and it was determined that Insituform
26 Technologies, LLC was the lowest, pre -qualified bidder, and
27 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
28 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
29 approve and Authorize the City Manager to sign a contract with Insituform Technologies, LLC
30 as the lowest pre -qualified bidder as determined by review of bids submitted on November
31 18, 2021, resulting from the responses to the Request for Bids for Cured -in -Place Pipe Lining,
32 (Bid No. ITB 04-CIPP-22/TP) in the amount of $347,952.60 plus a 10% contingency of
33 $34,795.26 if needed for staff approval of change orders for unforeseen conditions for a total
34 expenditure of $382,747.86 for the Gravity Sewer Main Multiple Neighborhoods Project based
35 on unit costs provided by Insituform Technologies, LLC. in their respective bid.
SACA\RESO\Agreements\Award Bid and Contract to Insituform Technologies for Cured In Place Pipe Lining(2022) - Reso.docx
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36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
37 OF BOYNTON BEACH, FLORIDA, THAT:
38 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
39 as being true and correct and are hereby made a specific part of this Resolution upon
40 adoption.
41 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
42 approves and authorizes the City Manager to sign a contract with Insituform Technologies, LLC
43 as the lowest pre -qualified bidder as determined by review of bids submitted on November
44 18, 2021, resulting from the responses to the Request for Bids for Cured -in -Place Pipe Lining,
45 (Bid No. ITB 04-CIPP-22/TP) in the amount of $347,952.60 plus a 10% contingency of
46 $34,795.26 if needed for staff approval of change orders for unforeseen conditions for a total
47 expenditure of $382,747.86. for the Gravity Sewer Main Multiple Neighborhoods Project based
48 on unit costs provided by Insituform Technologies, LLC. in their respective bid, a copy of the
49 Contract is attached hereto and incorporated herein as Exhibit "A".
50 Section 3. That this Resolution shall become effective immediately.
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PASSED AND ADOPTED this 4th day of January, 2022.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Steven B. Grant
Vice Mayor — Woodrow L. Hay
Commissioner —Justin Katz
Commissioner —Christina L. Romelus
Commissioner — Ty Penserga
ATTEST:
IN %AJAX f�
Crystal Gibson MC �• 'J�z
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City Clerk INCORFoaMAro e2
192.3 w
(Corporate Seal)
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SACA\RESOVIgreements\Award Bid and Con o Insitufo echn
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1f1el9:
YES NO
for Cured In Place Pipe Lining(2022) - Reso.docx
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Insituform
Q2R-oug
LETTER OF TRANSMITTAL
From ► Insituform Technologies, LLC Our Telephone ► 636-530-8650 or 800-325-1159
Diane Partridge / dpartridge(d)aegion.com_
Corporate Office: FAX ► 636-530-8701
17988 Edison Avenue
Chesterfield, MO 63005
Home Office: 1443 Bluebird Terrace
Brentwood, MO 63144
To ► City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, FL 33435
(561) 742-6308
CC:
File
Date ►
1/5/2022
Job Number No.
x
Attention ►
Taral n Pratt
Reference ►
City of Boynton Beach
CIPP Multiple Neighborhoods
Contract
Videotape(s).
WE ARE SENDING TO YOU THE FOLLOWING:
Please send a scanned executed copy to dpartridge(&aegion,.com and the original to my
x
Attached.
❑
Plan(s).
❑
Videotape(s).
❑
Shop Drawing(s).
❑
Change Order(s).
❑
Project Report(s).
❑
Copy of Letter.
❑
Inspection Report(s).
❑
Bid Documents
❑
Prints.
®
Contract(s).
❑
Following Items Under Separate Cover Via
❑
Other — See below
NO. OF NO. OF
COPIES DATE VOLUMES
2 Signed Agreements
1 Certificate of Insurance & P&P Bond copy — Original is being recorded and
will send a copy to you once completed.
REMARKS No.
Please send a scanned executed copy to dpartridge(&aegion,.com and the original to my
Home Office address above.
If you have any questions, please feel free to contact me at 1-800-325-1159.
Thank you, Diane Partridge
Delivered By No, Received By lo -
Date
Date ► Date lo -
Copy
Copy To ► Signed By lo -
06/12/00
06/12/00 DOC ID: COR/FRM-DTM-01 EFF. DATE: 07/01/00 APPROVAL: CO. MGMT. REP. ON FILE
�J
CURED -IN-PLACE PIPE LINING
GRAVITY SEWER MAIN MULTIPLE NEIGHBORHOODS (CIPP)
PROJECT PHASE 5.3
RFQ No.: 057-2821-16/TP
ITB 04-CIPP-22
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 January 4, 2022, by Resolution No.: R22-009 , the CITY
Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as
Contract No.: 057282116, 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 GRAVITY SEWER MAIN MULTIPLE NEIGHBORHOODS (CIPP) PROJECT PHASE 5.3 RFQ
No.: 057-2821-16/TP, ITB 04-CIPP-22.
Article 2. CONTRACT TIME; LIQUIDATED DAMAGES.
2.1 The WORK will be substantially completed within ;Lcalendar 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 3,Q 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 2.1 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 by the CITY if the WORK is not
completed on time. Accordingly, instead of requiring any such proof, the CITY and
Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-1
ITB 04-CIPP-22
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L_
2.3 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay the CITY, Seven Hundred Fifty Dollars, ($ 750.00 ) for each day
that expires after the time specified in paragraphs 2.1 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 Eighty -Seven
and Fifty Cents Dollars, 187.50 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:
Three Hundred Fourty-Seven Thousand, Nine Hundred Fifty -Two and Sixty Cents
(Written)
$ 347,952.60
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.
4.2 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.
4.3 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.
4.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by CITY
until completion of the construction services.
Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-2
ITB 04-CIPP-22
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4.5 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:
4.5.1 Defective Work not remedied.
4.5.2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against CONTRACTOR.
4.5.3 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or
for material or labor.
4.5.4 Damage to another CONTRACTOR not remedied.
4.5.5 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.
4.6 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 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.
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)
6.4 Contract
6.5 Contractor's Performance and Payment Bond
6.6 General Conditions
6.7 Special Conditions
6.8 Technical Specifications
6.9 Drawings entitled: Appendix "A"
Boynton Beach Utilities — Multiple Neighborhood - Cured -in —Place Pipe Lining (CIPP) C-3
ITB 04-CIPP-22
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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: Tremaine Johnson, Manager Field Operations
City of Boynton Beach Utilities
124 E. Woolbright Road
Boynton Beach, FL 33435
Tel (561) 742-6476
And if sent to the CONTRACTOR shall be mailed to:
/�- 61114,TH
Copy to: Procurement Services Division
Attn: Director of Financial Services
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, FL 33435
Tel (561) 742-6322
CONTRACTOR: Insituform Technologies, LLC
ATTN: Diane Partridge, Contracting and Attesting Officer
ADDRESS: 17988 Edison Avenue
CITY/STATE/ZIP: Chesterfield, MO 63005
Tel: (636)530-8000
Email: dpartridge(cDaegion.com
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.
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.
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
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,
Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP)
ITB 04-CIPP-22
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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:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
GIBSONC(cD-BBFL.US
Article 11. SCRUTINIZED COMPANIES 287.135 and 215.473.
By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of
Israel. Proposer further certifies that Proposer 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 Contractor of the City's determination concerning the
false certification. Contractor shall have five (5) days from receipt of notice to refute the false
certification allegation. If such false certification is discovered during the active contract term,
Contractor shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination of false certification was made in error. If 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 12. E -VERIFY.
12.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095,
Florida Statues, as may be amended from time to time and briefly described herein below.
1) Definitions for this Section:
"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 salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor
or consultant.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary, wages, or other remuneration.
"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.
2) Registration Requirement; Termination:
Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-5
ITB 04-CIPP-22
Revised 12/3/21
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 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.
1:��r1I►'iy �� �t�►1 x�I�F►�
13.1 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.
13.2 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 — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-6
ITB 04-CIPP-22
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"This Agreement will take effect once signed by both parties. This Agreement may be signed by the
parties in counterparts which together shall constitute one and the same agreement among the parties. A
facsimile signature shall constitute an original signature for all purposes."
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 %y day of u , 2022.
CITY OF BOY ON BEACH INSITUFORM TECHNO GIE , LLC
Lori LaVerriere, City Manager (Signature), Company dr
Diane Partrid e
Print Name of Authorized Official
Contracting and Attesting Officer
Title
(Corporate Seal)
Attest/Authenticated:
l?�� 17-
Witne na Lause
Contracting and Attesting Officer
Print Name
ast6F
Jark6s A. Cher
Office of the City Attorney
Attested/Authenticated:
CryAl Gibson City Clerk
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Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-7
ITB 04-CIPP-22
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Insituform Technologies, LLC is a subsidiary of Aegion Corporation
Chest
insi 'L farm CEdison Avenue
Chesterfield, MO 63005
Technologies. LLC www.insituform.com
INSITUFORM TECHNOLOGIES, LLC
PRESIDENT APPOINTMENT 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:
Christlanda Adkins, Gina Gurrieri, 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, 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 6, 2020
Ralph E. Western
President
A T TA CHMEN T
«c„
Boynton Beach Utilities — Cured -In —Place Pipe Lining (CIPP)
Attachment C
Bond No. 107553559
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that Insituform Technologies, LLC
(Insert name of Contractor)
17988 Edison Avenue, Chesterfield, MO 63005 as Principal,
(Address or legal title of Contractor)
hereinafter called Contractor, and
Travelers Casualty and Surety Company of America
(Name and address of Surety)
One Tower Square, Hartford, CT 06183
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O
BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter
called Owner, in the amount of
Three Hundred Forty Seven Thousand Nine Hundred Fifty Two & 60/100 Dollars ($ 347,952.60 )
for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated , 20 entered
Cured -in -Place Pipe Lining Gravity Sewer Main Multiple Neighborhoods (CIPP)
Into a contract with Owner for Project Phase 5.3, RFQ No. 057-2821-16/IP, ITB 04-CIPP-22 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.
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP)
PFB- 1
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly
and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall 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
Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
1. Complete the Contract in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and 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 available as work progresses (even though there should be a default
or a succession of defaults under the contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not
exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph,
shall mean the total amount payable by Owner to Contractor under the contract and any amendments
thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of one (1) year from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the
Owner named herein or the heirs, 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 shall, within 45 days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish 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 the materials or
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 both 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
labor or completion of delivery of the materials or supplies.
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP)
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
PFB- 2
Signed and sealed this day of
I ZZD& -
Witnes a _c, Co ctin Attesting fficer
MwIrlo
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP)
, 2022.
Insitufo Technologic, LLC
Principal (Seel))
Diane Partridge, Contracting & Attesting Officer
Title
Travelers Casualty and Surety Company of America
Surety
L-
Attorney-in-Isae,tndEewP. Thome
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
PFB- 3
\Tr nc
r, ro\ 0v Bond No. 107553551�
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: thatInsituformInsituform Technologies, LLC
(Insert name of Contractor)
17988 Edison Avenue Chesterfield MO 63005 as Principal,
(Address or legal title of contractor)
hereinafter called Principal, and
Travelers Casualty and Casualty and Sure�Com any of Americaof America
(Name and address of Surety)
One Tower Square, Hartford, CT 06183
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH,
P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter
called Owner, for the use and benefit of claimants as here below defined, in the amount of
Three Hundred Forty Seven Thousand Nine Hundred Fifty Two & 60/100
Dollars ($ 347,952.60 ), for payment whereof Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated
2022, entered into a contract with Owner for
Cured -in -Place Pipe Lining Gravity Sewer Main Multiple Neighborhoods (CIPP), Project Phase 5.3, RFQ No. 057-2821-16/TP, ITB 04-CIPP-22
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 labor and material used or reasonably required
for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall
remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the
Principal for labor, material or both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental of equipment directly applicable to the Contract.
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) PYB- 2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of ninety
(90) days after the date on which the last of such claimant's work or labor was done or performed, or
materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute
the suit to final judgment for such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a. Unless claimant, other than one having a direct contract with the Principal, shall have given
written notice to any two of the following: the Principal, the Owner, or the Surety above named,
within ninety (90) days after such claimant did or performed the 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 an 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 made by a public officer.
b. After the expiration of one (1) year following the date on which Principal ceased work 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 be amended so as
to be equal to the minimum period of limitation permitted by such law.
c. Other than in a State Court of competent jurisdiction in and for the County or other political
subdivision of the State in which the Project, or any part thereof, is situated, or in the United States
District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere.
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 liens which may be filed of record
against such improvements, whether or not claim for the amount of such lien be presented under and
against this bond.
5. 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 shall, within 45 days after beginning to furnish labor, materials,
or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look
to the bond for protection. A claimant who is
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP)
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
PYB- 2
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 the materials or
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 both 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 labor or completion of delivery of the materials or supplies.
Signed and sealed this day of 2022•
Insituform Techn.ologie , LLC
Glvy�1_
Principal Diane Partridge, Seal)
Contracting & Attesting Office
Witness
on cting & Attesting Officer
Travelers Casualty and Surety Company of America
Surety
Witness, As ey Mi nA
Attorn -i - ,Andrew P. Thome
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP)
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
PYB- 3
State of Missouri
County of St. Louis
On before, me, a Notary Public in and for said County and State, residing therein, duly
commissioned and sworn, personally appeared Andrew P. Thome known to me to be Attorney -in -
Fact of
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
the 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.
Ashley Mer, Notary Public
My Commission Expires_
ASHLEY MILLER
NOTARY PUBLIC - NOTARY SEAL
STATE OF MISSOURI
COMMISSIONED FOR ST. LOUIS COUNTY
MY COMMISSION EXPIRES DEC. 21, 2028
ID #E1355WW
Travelers Casualty and Surety Company of America
dA� Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint ANDREW P THOME of
CHESTERFIELD , Missouri , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
��WQfYp PJp�[Y Ahp aG
State of Connecticut
City of Hartford ss.
By:
Robert L. Rane enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY
My Commission expires the 30th day of June, 2026
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her, and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys- in -Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this day of
[��•�TY e'�iY 4hp
. �. t
2 CONN. o°
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Powerof Attorney is attached.
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City
of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate
Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing
insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder
may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing is a list of types of
insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and
the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon
identified risk.)
TYPE (Occurrence Based Only)
MINIMUM LIMITS REQUIRED
General Liability
General Aggregate
$ 1,000,000.00
Commercial General Liability
Products-Comp/Op Agg.
$ 1,000,000.00
Owners & Contractor's Protective (OCP)
Personal & Adv. Injury
$ 1,000,000.00
Asbestos Abatement
Each Occurrence
$ 1,000,000.00
Lead Abatement
Fire Damage (any one fire)
$ 50,000.00
Broad Form Vendors
Med. Expense (any one person)
$ 5,000.00
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability
Aggregate - $1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non -Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit
Builder's Risk
Installation Floater
Other - As Risk Identified to be determined
INSURANCEADVISORYFORM Revised 04/2021
$ 300,000.00
Limits based on Project Cost
Limits based on Project Cost
12'v -W 1
CURED -IN-PLACE PIPE LINING
GRAVITY SEWER MAIN MULTIPLE NEIGHBORHOODS (CIPP)
PROJECT PHASE 5.3
RFQ No.: 057-2821-16/TP
ITB 04-CIPP-22
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 January 4, 2022, by Resolution No.: R22-009 , the CITY
Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as
Contract No.: 057282116, and;
NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
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 GRAVITY SEWER MAIN MULTIPLE NEIGHBORHOODS (CIPP) PROJECT PHASE 5.3 RFQ
No.: 057-2821-16/TP, ITB 04-CIPP-22.
Article 2. CONTRACT TIME; LIQUIDATED DAMAGES.
2.1 The WORK will be substantially completed within Kcalendar 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 U 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 2.1 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 by the CITY if the WORK is not
completed on time. Accordingly, instead of requiring any such proof, the CITY and
Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-1
ITB 04-CIPP-22
Revised 12/3/21
2.3 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay the CITY. Seven Hundred Fifty Dollars, ($ 750.00) for each day
that expires after the time specified in paragraphs 2.1 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 Eighty -Seven
and Fifty Cents Dollars, 187.50 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:
Three Hundred Fourty-Seven Thousand, Nine Hundred Fifty -Two and Sixty Cents
(Written)
$ 347,952.60
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.
4.2 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.
4.3 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.
4.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by CITY
until completion of the construction services.
Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-2
ITB 04-CIPP-22
Revised 12/3/21
4.5 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:
4.5.1 Defective Work not remedied.
4.5.2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against CONTRACTOR.
4.5.3 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or
for material or labor.
4.5.4 Damage to another CONTRACTOR not remedied.
4.5.5 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.
4.6 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.
UMMEK91 •ANFER
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.
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)
6.4 Contract
6.5 Contractor's Performance and Payment Bond
6.6 General Conditions
6.7 Special Conditions
6.8 Technical Specifications
6.9 Drawings entitled: Appendix "A"
Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-3
ITB 04-CIPP-22
Revised 12/3/21
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: Tremaine Johnson, Manager Field Operations
City of Boynton Beach Utilities
124 E. Woolbright Road
Boynton Beach, FL 33435
Tel (561) 742-6476
And if sent to the CONTRACTOR shall be mailed to:
Article 8. INDEMNITY.
Copy to: Procurement Services Division
Attn: Director of Financial Services
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, FL 33435
Tel (561) 742-6322
CONTRACTOR: Insituform Technologies, LLC
ATTN: Diane Partridge, Contracting and Attesting Officer
ADDRESS: 17988 Edison Avenue
CITY/STATE/ZIP: Chesterfield, MO 63005
Tel: (636)530-8000
Email: dpartridge(Waegion.com
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.
I Ii
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.
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
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,
Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP)
ITB 04-CIPP-22
Revised 12/3/21
C-4
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:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
GIBSONC(aD-BBFL.US
Article 11. SCRUTINIZED COMPANIES 287.135 and 215.473.
By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of
Israel. Proposer further certifies that Proposer 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 Contractor of the City's determination concerning the
false certification. Contractor shall have five (5) days from receipt of notice to refute the false
certification allegation. If such false certification is discovered during the active contract term,
Contractor shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination of false certification was made in error. If 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 12. E -VERIFY.
12.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095,
Florida Statues, as may be amended from time to time and briefly described herein below.
1) Definitions for this Section:
"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 salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor
or consultant.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary, wages, or other remuneration.
"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.
2) Registration Requirement; Termination:
Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-5
ITB 04-CIPP-22
Revised 12/3/21
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 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 13. MISCELLANEOUS,
13.1 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.
13.2 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 — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-6
ITB 04-CIPP-22
Revised 12/3/21
"This Agreement will take effect once signed by both parties. This Agreement may be signed by the
parties in counterparts which together shall constitute one and the same agreement among the parties. A
facsimile signature shall constitute an original signature for all purposes."
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 day of _yVl11LAArVl1 2022.
CITY OF BOYNTON B C
Lori L Verriere, City Manager
as
JaWs A. Cto
Office of the City Attorney
Attes ed
/Authenticated:
Cryal Gibson City Clerk
INSITUFORM TECH IES, LLC
(Signature), Company Ir
Diane Partridge
Print Name of Authorized Official
Contracting and Attesting Officer
Title
(Corporate Seal)
Attest/Authenticated:
Witne� na Lause
Co
g and Attest"no Officer
rad
Print Name
Boynton Beach Utilities — Multiple Neighborhood - Cured -In --Place Pipe Lining (CIPP)
ITB 04-CIPP-22
Revised 12/3/21
C-7
Insituform Technologies, LLC is a subsidiary of Aegion Corporation
17988 Edison Avenue
v Chesterfield, MO 63005
Technologies. LLC www.insituform.com
INSITUFORM TECHNOLOGIES, LLC
PRESIDENT APPOINTMENT 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, Gina Gurrieri, 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, 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 6, 2020
Ralph E. Western
President
A TTA CHMENT
«C„
Boynton Beach Utilities — Cured -In —Place Pipe Lining (CIPP) Attachment C
Bond No. 107553559
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that Insituform Technologies, LLC
(Insert name of Contractor)
17988 Edison Avenue, Chesterfield, MO 63005 as Principal,
(Address or legal title of Contractor)
hereinafter called Contractor, and
_Travelers Casualty and Surety Company of America
(Name and address of Surety)
One Tower Square, Hartford, CT 06183
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O.
BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter
called Owner, in the amount of
Three Hundred Forty Seven Thousand Nine Hundred Fifty Two & 60/100 Dollars ($ 347,952.60 )
for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated , 20 , entered
Cured -in -Place Pipe Lining Gravity Sewer Main Multiple Neighborhoods (CIPP)
into a contract with Owner for Project Phase 5.3, RFQ No. 057-2821-16/rP, ITB 04-CIPP-22
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.
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP)
PFB- 1
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly
and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall 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
Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
1. Complete the Contract in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and 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 available as work progresses (even though there should be a default
or a succession of defaults under the contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not
exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph,
shall mean the total amount payable by Owner to Contractor under the contract and any amendments
thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of one (1) year from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the
Owner named herein or the heirs, 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 shall, within 45 days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish 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 the materials or
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 both 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
labor or completion of delivery of the materials or supplies.
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP)
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
PFB- 2
Signed and sealed this day of 12022.
Witnes a I asue, Co tin Attesting fficer
I --
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP)
Insitufo Technologj6s, LLC
Principal (Sell)
Diane Partridge, Contracting & Attesting Officer
Title
Travelers Casualty and Surety Company of America
Surety
Attomey-in- P. Thome
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
PFB- 3
Bond No. 107553559
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 Insituform Technologies, LLC
(Insert name of Contractor)
1798_8 Edison Avenue, Chesterfield, MO 63005 as Principal,
(Address or legal title of contractor)
hereinafter called Principal, and
Travelers Casualty and Surety Company of America
(Name and address of Surety)
One Tower Square, Hartford, CT 06183
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH,
P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter
called Owner, for the use and benefit of claimants as here below defined, in the amount of
Three Hundred Forty Seven Thousand Nine Hundred Fifty Two & 60/100
Dollars ($ 347,952.60 ), for payment whereof Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated
2022, entered into a contract with Owner for
Cured -in -Place Pipe Lining Gravity Sewer Main Multiple Neighborhoods (CIPP), Project Phase 5.3, RFQ No. 057-2821-16rrP, ITB 04-CIPP-22
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 labor and material used or reasonably required
for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall
remain in full force and effect, subject, however, to the following conditions.-
1.
onditions:
1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the
Principal for labor, material or both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental of equipment directly applicable to the Contract.
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) PYB- 2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of ninety
(90) days after the date on which the last of such claimant's work or labor was done or performed, or
materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute
the suit to final judgment for such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant.-
Unless
laimant:
Unless claimant, other than one having a direct contract with the Principal, shall have given
written notice to any two of the following: the Principal, the Owner, or the Surety above named,
within ninety (90) days after such claimant did or performed the 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 an 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 made by a public officer.
b. After the expiration of one (1) year following the date on which Principal ceased work 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 be amended so as
to be equal to the minimum period of limitation permitted by such law.
c. Other than in a State Court of competent jurisdiction in and for the County or other political
subdivision of the State in which the Project, or any part thereof, is situated, or in the United States
District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere.
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 liens which may be filed of record
against such improvements, whether or not claim for the amount of such lien be presented under and
against this bond.
5. 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 shall, within 45 days after beginning to furnish labor, materials,
or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look
to the bond for protection. A claimant who is
Boynton Beach Utilities - Cured -In Place Pipe Lining (CIPP)
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
PYB- 2
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 the materials or
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 both 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 labor or completion of delivery of the materials or supplies.
Signed and sealed this day of 2022.
Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP)
Insituform Techn.ologle , LLC
Principal Diane Partridge, /ISeal)
Contracting & Attesting OfficeP
Travelers Casualty and Surety Company of America
Surety
n X_
Attorn -i - , Andrew P. Thome
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
PYB- 3
State of Missouri
County of St. Louis
On before, me, a Notary Public in and for said County and State, residing therein, duly
commissioned and sworn, personally appeared Andrew P. Thome known to me to be Attorney -in -
Fact of
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
the 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.
Ashley Mer, Notary Public
ASHLEY MILLER
NOTARY PUBLIC - NOTARY SEK
STATE OF MISSOURI .
COMMISSIONED FOR ST. LOU* COUNTY
MY COMMISSION EXPIRES DEC. 21, 2025
My Commission Expires: ID #1355OW
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint ANDREW P THOME of
CHESTERFIELD , Missouri , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
VCo�rA r JtV[Y ANp OG
o= cm—
State
m—State of Connecticut
City of Hartford ss.
By:
Robert L. Rane enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
�n P +sok
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026* +4+ ►rvr//
r,�io *) ✓JAG
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her, and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this day of
C4"M)I)D-EK
4
Gam'
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please cal/ us at 1-800-421-3880.
Please refer to the above-named Attorney(s)-in-Fad and the details of the bond to which this Power of Attorney is attached.
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City
of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate
Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing
insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder
may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing is a list of types of
insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and
the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon
identified risk.)
TYPE (Occurrence Based Only)
MINIMUM LIMITS REQUIRED
General Liability
General Aggregate
$
1,000,000.00
Commercial General Liability
Products-Comp/Op Agg.
$
1,000,000.00
Owners & Contractor's Protective (OCP)
Personal & Adv. Injury
$
1,000,000.00
Asbestos Abatement
Each Occurrence
$
1,000,000.00
Lead Abatement
Fire Damage (any one fire)
$
50,000.00
Broad Form Vendors
Med. Expense (any one person)
$
5,000.00
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability
Aggregate - $1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non -Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit
Builder's Risk
Installation Floater
Other - As Risk Identified to be determined
INSURANCEADVISORYFORM Revised 04/2021
$ 300,000.00
Limits based on Project Cost
Limits based on Project Cost