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2007 SANITARY SEWER & MANHOLE REHABILITATION PROJECT - 07-0015-UT BOND NUMBER: 105065568 CONTRACT BOND STATE OF MISSOURI COUNTY OF ST. LOUIS KNOW ALL MEN BY THESE PRESENTS: That we INSITUFORM TECHNOLOGIES, INC. Contractor and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety) whose home address is ONE TOWER SQUARE, HARTFORD, CONNECTICUT 06183-9079 HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: FIFTY ONE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($51,500.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns f()r the faithful perf(mmll1ce of a certain written contract, dated the ~'1"""~ day of S'rb.e.r , 200i:' entered into between the Contractor and the City of Clearwater for: 2007 SANITARY SEWER AND MANHOLE REHABILITATION PROJECT (07-0015-UT) PART A a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the tenns and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Fonn of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof~ and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or pertonnance of said contract, including elTors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly ill<ik-.: payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub'-Contractor, or Sub-Contractors, in the prosecution of the work provided tor in said Contract, this obligation shall be void, otherwise, the Contractor and Surcty jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may bc obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page I CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, 1heir. successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect. the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporntion by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof;, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And . the . said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, fOT the "Value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the tenns of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this: 19 . day of October 20 07 Insituform Technologies, Inc. CONTRACTOR ik. Smith, Contracting and Attesting Officer Travelers Casualty and Surety Company of America Denise L. Carroll, Contracting and Attesting Officer WITNESS: ~Ci'e fj \) ii"\C, Dana A. Dragoy COUNTERSIGNED: \-K{,~'-(/Lt ~ &~aL-- SURETY ~ ~? ~/) BY:~~ I'~ ATTORNEY -IN-FA.CT Andrew P. Thome Robert H. Bond, Resident Agent JBI Group, Inc. 14502 N. Dale Mabry Hwy #200 Tampa, FL 33618 2007 San ita", SeH'er and Manhole R6hllbiIitation Project Section V Y-2 CONTRACT ~ This CONTRACT made and entered into this ~I./ day of ~~~b.a.r , 200 i.::' by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and INSITUFORM TECHNOLOGIES. INC. of the City of CHESTERFIELD. MISSOURI, County of ST. LOUIS and State of MISSOURI, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: 2007 SANITARY SEWER AND MANHOLE REHABILITATION PROJECT (07-0015-UT) P ART A IN THE AMOUNT OF FIFTY ONE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($51,500.00) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perfonn in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAYBE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 CONTRACT (2) In addition to the foregoing provisions, the Contractor at,'Tees to confonn to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recmitment advertising; lay-off or tennination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting otliccr setting f()rth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractorst()r st,mdard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1.000.00 per day for each day that the work to be perfonned by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1.000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further at,'Tced that this sum is not to be construcd as a penalty but is only to be construed as liquidated damages f()1" f~lilure of the Contractor to complete and perform all work within the time period as specitied in this contract. It is further mutually agreed between the City and the Contractor that it: any time after the execution of this contract and the surety bond which is attached hereto for the faithful pcrfonnance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or it: tor any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, fumish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the tenns and provisions of this contract until such new or additional security bond guaranteeing the hlithful performance of the work under the terms hereof shall be completed and fumished to the City in a f(mn satisfactory to it. Page 4 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. By: #2~1B~~~ William B. Home, II City Manager .__j Seal) CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA Attest: , By: ~tJ!I,-A: ~ F'rm1k Hibbard, . Mayor-Councilmember Co untersi!:,'11ed: Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) :;:J:j.,S " ..kc..:f;...w-. 7ecJr 110/& e~IxC!. A Del(lwo..(~ C~H::~r"..,{.\oJ\.. (Contractor) By: (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). - o A KII SIVl~+Iv eo ttfr-.d-;~~ ~ 'fC~2:~6ffi~~ rag\: 5 State of Missouri County of St. Louis On 10/19/2007 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. ....;;:C~~.:.':J:'.~~ KRISTAN L. LUCAS Notary Public - Not,iry &30\ State of Missouri St. Louis County My Commission Expires Mar. 18.2011 e'Jmmission # 07543955 ~,.-..--,.A..,_ ..-~" _r ,-_~ ,.. .""~. My Commission Expires ~l t~~ KRIST AN L. LUCAS, Notary Public ..... TRAVELERSJ POWER OF ATTORNEY r." WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance tJnderwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company \(torney-In Fad No, 218407 St. Paul Guardian Insurance Company St. Paul Men~ury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of Aml~rka United States Fidelity and Guaranty Company Certificate No. 0 0 2 0 4 9 7 3 3 KNOW ALL MEN 8Y THESE PRESENTS: Thal Seahoard Surety Company is a corporation duly organized under Ihe laws ollhe Slale of New York. Illal SI. 1\111] I:irl' and Marine Insurance C\lmpany. SI. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Cornpany arc eorpor.ll;ons duly org'lni/cd undL'r till' ],11I', of Ihe Stall' of Minnesola. Ihal Farmington Casualty Company, Travelers Casually and Surely Company. and Travelers Casualty and Surely COlnpany Ill' ;\1llL'rilll 111\' corporations duly organized under the laws of the Slate of Connecticut, that United Slates Fidelity and Guaramy Company is a corporation duly org'lIlized ulldn Ihl' laws of Ihe Stale of Maryland. Ihal Fidelity and Gnaranty Insurance Company is a corporation duly organized under the laws of lh1.' State of Iowa. alld Ihal I:;,klilv ,al!d Guaranty Insurance Underwriters. Inc. is a corporal ion duly organized under the laws of the Slate of Wisconsin (herein collectively called Ihe "Colllpanies"l. '"1d 111'11 the COlllpanies do herehy make, constitute and appoint Andrew P. Thome, Dana A. Dragoy, Justine P. Weber, Kristan L Lucas, Anne M. Gliedt, Stephanie L. Klearman, Peter ,j, Mohs, and Helen A. Antoine of Ihe City of ---Chest.erficld--.---------.--. State of Mi~~ollri .~__... , Iheir true and lawful Altomev!,')';III:",': each inlheir separate capacity if lllore lhan one is named above. to sign. execute. seal and acknowledge- any and all honds. rl'cogni/,:lllccs. cOlldiliollalllllckrtakillf.:.!." ;\11ti IltllL'r wrilings ohligatory in the nature thereof on hehalf of the Companies in their husiness of guaranteeing the Iidl'iity of persons, gU<Jrllllteeillg the pnl'mlllllllCl' Il! cllnlraels and execuling or guaral1leeing honds and undertakings relluired or pennitted in any actiolls or proceedings allowed hy l'I'N. 7th d'IY Ill' IN WITNESS WHEREOF, Ihe Companies have caused this instrumentto be signed and their corporate seals to he herelo alfixed. Ihis November 2007 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance llnderwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company o ~ Slale III Cllllnecliellt (';ty of Hanford ss. St. Paul Guardian Insuranl'e Company St. Paul Men'ury Insuralll'e Compauy Travelers Casualty and Surety Company Travelers Casualty' and Surdy Company of Ameril'a tlnited States Fidelity and Guaranly Company /~~~~~~~~>~ ! ::'cQQPOR~,.('\ \"'I \. l2: -...- :("')1 \ ;~:.~.EA~.~! j ~.s-'""'~"" ~~~ .~ Ih';::~;";;~ ~fr:;O:;\\.j \ "" CONII. I!i!l ;S: -'_'_W~~.f.N , . . ,- Bv: (lllthis the _.__.!!~_______ day or___N?~~mb~L____.~ 2007. hefore me persllnallv appeared (iemge W. ThllllpSIlIl. \Vhll ackIH,\\kdgl'd Il;I11S,.':1 tll he Ihe Sellior Vice President of Farminglon Casualty Company. Fidelity alld Guaranly Insurance Company. I'iddity and ()luranl)' IllsurallCl' l'lllkr\Vr;I,'\'s. ! ,,,. Se"hllanl Surely Company. SI. Paul Fire and Marine Insurance Company. SI. Paul Guardian Insurance Company. SI. Paul Melcury Insurancl' (""11P'IIl\. Trll\,.I,,\,, ('a,llldlv allLl Surety Company. Travelers Casualty and Surely Company of America, and United Slatcs Fidl'iily and (iuarantv C.1I11paIlY. and that he'. ;IS such. hl'i, ;lIilhori/ed sO III do, l'xec'uled the foregoing instrUl11l'nl for Ihe purposes therein conlained hy signing on heh,rII' 1l1'lhe c'orporalioils hy hilllSl'lf a.' a duly alltl1\lri/,l',j 01'1;1"," In Witness Whereof, I hereulllo set my hand and official seal. My Commission expires the 30th day of June. 10] I. 58440-5-07 Printed in U.S.A. ....m._______~---_c.~_-j~ i\bril' {' 'Ii:trl';lldl. Nolal"Y I)uhlil WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER *See attached Assistant Secretary's Certificate AFFIDAVIT STATE OF St. Louis COUNTY OF Missouri ) ) Diane Partridge being duly sworn, deposes and says that he/she is of Insituform Technologies, Inc. contractin..9....~_~estJ.~fi,MeL.I .. und db. ftb I ftheS f" dha . a COl}'VIlUlon 0 iUlU exIsting er an Y vtrtue 0 e aws 0 tate 0 Delaware an :vmg its principal office at: 17988 Edison Avenue Chesterfield St. Louis MO Street & Number City County State Affiant further says that he IS familiar with the records, minute books and by-laws of Insituform Technologies, Inc. (Name of Corporation) Affiant further says that Joann Smith (Officer's Name) (Title) of the corporatiOn, is duly authorized to sign the 'Contractfor Insituform Technologies, Inc. for said corporation by virtue of a provision of by laws April 16, 2008 (state whether a provision of by laws or a Resolution of the Board of Directors. Ifby Resolution give date of adoption). ~C(~ Diane partridgeAffiant Contracting and Attesting Officer is Contracting and Attesting Officer Sworn to before me this 11 day of September .20 08 ~'-f5 ,/AA~ I .' Notary Public .Jana Lause JANA LAUSE NotarY Publlc- NolIQ Seal S1al9ofMisSOUll St. Loula eoun~ 6. aC09 My~salon~~6 Typelprint/stamp name of Notary Notary Title or rank, and Serial No., if any INSITUFORM TECHNOLOGIES, INC. A..I.taat Secretarv'. CertifICate The undersign~ being the Assistant Secretary of lnsitufonn Technologies. lne.,a Delaware corporation (the "Corporation'"'), hereby certifies that: I. The following is a 1nIe and corm:t excerpt from the By-laws of the Corporation: Cllkf Execldive Offlcer AppoI1It1neIlls. The Chief Executive Officer may from time to time appoint such officers of operating divisions, and such contracting and attesting officers. of the Corporation as the Chief Executive Officer may deem proper, who shall have such authority, subject to the control of the Board. as the Chief Executive Officer may from time to time prescribe. 2. The Chief Executive Officer of the Corporation has, pursuant to the above authority, duly appointed H. Douglas Thomas, Vice President - Global Procurement/Operations Support. and has appointed Joann Smith, Denise L. Carroll, Debra Jasper, J808 Lause and Diane Partridge as Contracting and Attesting OffICerS of the Corporation. Eacb of the foregoing have been fully authorized and empowered by the Cbief Executive Officer of the Corporation: "(i) to certify and to attest the signature of any officer of the Corporation, (ii) to enter into and to bind the Corporation to perfonn pipeline rehabilitation activities of the Corporation and all matters related thereto, including the maintenance of one or more offices and facilities of the Corporation, (iii) to execute and to deliver documents on behalf of the Corporation and (iv) to take such other action as is or may be necessary and appropriate to carry out the projects. activities and work of the Corporation,'"' IN WITNESS WHEREOF, I have hereunto affixed my name as Assistant Secretary, this 16th day of April, 2008. IN SITU FORM TECHNOLOGIES, 1Ne. By: Eliza . Kovaly Assistant Secretary CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF COUNTY OF On this day personally appeared before me, administer oaths and take acknowledgments, deposes and says: the undersigned authority, duly authorized to , who after being duly swom, That he is the (TITLE) of INSITUFORlYI TECHNOLOGIES. INC. a Missouri Corporation, with its principal place of business located at 17988 EDISON AVENUE. CHESTERFIELD. MISSOURI 63005 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of ,200_, with the CITY OF CLEARWATER, FLORIDA, a municipal cOlvoration, as Owner, and that the Contractor was to perfonn the construction of: 2007 SANITARY SEWER AND MANHOLE REHABILITATION PROJECT (07-0014-UT) PART A That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might mise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Swom and subscribed to before me INSITUFORM TECHNOLOGIES. INC. AFFIANT This _ day of , 200 BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Page 6 SeEl Attached As:;lstant Secretary's Cer'tlflcate AFFIDAVIT (To be filled in and executed if the bidder is a corporation) STATEOF~ ) COUNTY OF St. Louis) Joa n n Smith being duly sworn, deposes and says that he/she is goore~of Insltuform Technologies, Inc. Contractlngand At ~' Cj3r.. d db' fth I fth S f'cI'd dh' a corporatIon org zeu ana eXlstmg un er an y virtUe 0 e aws 0 e tate 0 r on a, an avmg its principal office at: 17988Edlson Avenue Street & Number City County MO State Chesterfield St. Louis Affiant further says that he is familiar with the records, minute books and by-laws of Insltuform Technologies, Inc. (Name of Corporation) Affiantfurthersaysthat H. DouglasThoams IS VP SpeclalProJElcts (Officer's Name) (Title) of the corporation, is duly authorized to sign the Proposal for Ins Itu for m T ec h nolo g les, In c. for said corporation by virtue of a pro v Is 10 n of by la w s Fe b r u ar y 13, 2006 (state whether a provision of by laws or a Resolution of the Board of Directors. Ifby Resolution give date of adoption). ~~~ QVs"'m.I~~r- Affiant Contractlngand Attesting Officer , 2007 Sworn to before me this 13 day of S e p te m b e r JANA LAUSE NotarY Public - Notary Seal State of Mlssoun St Louis County My Commission expires Dec. 6.2009 Commission # 05805615 ~' if) Ji; AA4 ! Notary Public TClV\Cl... lo.., l/\.J '( Type/print/stamp name of Notary I ' ND TCL V' l/ Title or dnk, and Serial No., if any 2007 Sanitary Sewer Rehabilitation Project Section V V-8 NON-COLLUSION AFFIDAVIT STATEOFHrd~ ) COUNTY OF St. LouIs) H. Do u 9 I a s Tho mas being, first duly sworn, deposes and says that he is VP specIal Projects of Insltuform TechnologIes. Inc. the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed contract; and that all statements contained in said proposal or bid are true; and further, that such bidder has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. //b'r:V H . 0 0 u 9 I a s Tho m a sAffiant VP SpecIal ProJel:ts Sworn to and subscribed before me this ~ day of S e pte m b er ,~W07 JANA LAUSE NotaI'Y Public- Notal'Y. Seal S1ate of Miss:Jun St Louis 90unty r: 2.009 My commiss!on. EXP#lrg~~~1~' commISSion -' ~"P rx..ti~ ) Notary Public 2007 Sanitary Sewer Rehabilitation Project Section V V-9 PROPOSAL (1) TO THE CITY OF CLEARWATER, FLORIDA, for 2007 SanItary Sewer and Manhole Rehabl\ltatlon Project (H07-0015-UT) and doing such other work incidental thereto, all in accordance with the contract documents, marked 2007Sanltary Sewer and Manhole RehabIlitatIon Project (H07-0015-UT) Every bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a certificate.from the Finance Director that funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged with this notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such investigation as is necessary to determine the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: 2007 Sanitary Sewer Rehabilitation Project Section V V-l0 PROPOSAL (2) If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater, Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this Proposal, or the amount of said check, shall be returned to the undersigned as specified herein. Attachedheretois~rcerti:fiedcheGkon Travelers Casualty and Surety Companyof America Bank, for the sum of Ten Percent of AmountBld ($10% of amount bid ) (being a minimum of 10% of Contractor's total bid amount). The full names and residences of all persons and parties interested in the foregoing bid are as follows: (If corporation, give the names and addresses of the President and Secretary. If finn or partnership, the names and addresses of the members or partners. The Bidder shall list not only his name but also the name of any person with whom bidder has any type of agreement whereby such person's improvements, enrichment, employment or possible benefit, whether sub-contractor, materialman, agent, supplier, or employer is contingent upon the award of the contract to the bidder). NAMES: ADDRESSES: See Attached L1stof Officers Insltuform TechnoloQles, Inc. aDelaware Corpor'atlon 17988 Edison Avenue Chesterfield, MO 63005 Signature of Bidder: // L:;t C:.~ H. Douglas Thomas (The bidder must indicate whethe€rporati~Partnership, Comp~y 5tfuca\~JJaIrcts Section V V-II 2007 Sanitary Sewer and Manhole Rehabilitation Project INSITUFOR.M TECHNOLOGIES, INC. Assistant Se~retary's Certificate The undersigned, being the Assistant Secretary of Insituforrn Technologies, Inc., a DelawJ.r'~ corporation (the "'Corporation"), hereby certifies that: l. The following is a true and correct excerpt from the By-laws of the Corporation. Chief Executive .officer Appointments. The Chief Executive Officer may from time to time appo lnt suc h 0 fficers of operating divisions, and such contracting and attesti ng D tTlcers, of the Corporation as the Chief Executive Officer may deem proper, who shall have sLlch authority, subject the control of the Board, as the Chief Executive Officer may from time to time prescribe. 2. The Chief Executive Officer and President of the Corporation has, pursuant to the ab() authority, duly appointed (a) H Douglas Thomas to the position of Vice President Reilanditation - Support and (b) Joann Smith and Denise L. Carroll as Contracting and Attesting Officer:i ot' the C'()(pUi"::l.til)I' Each ot' the foregoing have been fully authorized and empowered by the Chief Executive Officer I)!' <:iF': Corporation"(l) to certify and to attest the signature of any officer of the Corporation, (ii) to ente~ :nee anr:! bind the Corpontion to perform pipeline renabliltation aet!l/tties or' the Corpontion and ail matt;:.:r:) :"~LE:' ther'~to, including the maintenance of one or more offices and facilltles of the Corpor::!.tior,,! ill) to e,'v~clit': ;wd deliv::r dOCUlT11=nts on behal t' of the Corporation and {:'.;) to taK.'-::iuch other :lCI:I;)I~.lS IS ill' ITidY oe ,XV.::i:,;;,':, appropnak to carry out the piOJects, actlvlties and work ot ..he CorporatIon"' jl"l 'vV(T~IESS WHEREO:::, I have hereunt,) atTi:<.ed my m11lle as i\.:iCilstant Secn=~ary th!:, F .::b ruary.2 006 ,111 .,j ;) (111 II \~) I hSituforni T~chnologies, fnc c_' -- .-.-- 8,/: ZFi/':II\- {J..r~vi/~I..L S 'r . ~ /I uta :,mgsl npat ASSistant Secretarv CITY OF CLEARWATER ADDENDUM SHEET PROJECT: 2007 SANITARY SEWER REHABILIT A nON PROJECT Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. Addendum No. 1 Date: 9/5/2007 Addendum No. --1.- Date: 9/10/2007 Addendum No. Date: Addendum No. Date: Addendum No. Date: - Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Insltuform Technologies, Inc. (Name of Bidder) //&a~ (Signature of Officer) H. Douglas Thomas V P Special Projects (Title of Officer) September 13, 2007 (Date) 2007 Sanitary Sewer Rehabilitation Project Section V V-13 BIDDER'S PROPOSAL PROJECT: 2007 SANITARY SEWER AND MANHOLE REHABILITATION A. SANITARY SEWER TRENCHLESS RECONSTRUCTION Method 1- Trenchless Pi e Reconstruction S stem - CIPP. ITEM DESCRIPTIONS UNIT EST. UNIT PRICE SUB- TOTAL UANTITY a. 8" Dia. Sanitary Sewer Mains LF 00 6.0 mm Normal Thickness (.236") 9,000 $ 2'" !P $ 21b.)000 - Each Additional 1.5 mm (.059") thickness 1,000 $ O~ !E $ I 00 f!! -- --.-- b. 10" Dia. Sanitary Sewer Mains LF ~ 6.0 mm Normal Thickness (.236) 600 $ 2~~ $ 15': 000 Each Additional 1.5 mm (.059") thickness 300 $ (). to $ , 00 ~o ...- c. 12" Dia. Sanitary Sewer Mains LF I~ /()O ~ 6.0 mm Normal Thickness (.236) 600 $ 28~ $ Additionall.5 mm (.059") thickness 300 $ I~ $ .s "If) f!g d. 15" Dia. Sanitary Sewer Mains LF / OJ 200 '!E 6.0 mm Normal Thickness (.236) 300 $~ $ Additionall.5mm (.059") thickness 300 $ 2.- $ . '1 zo t:!J e. 18" Dia. Sanitary Sewer Mains LF 6.0 mm Normal Thickness (.236) 300 $ Each additionall.5mm (.059") thickness 300 f 20" Dia. Sanitary Sewer Mains LF 6.0 mm Normal Thickness (.236) 300 $ Each additional1.5mm (.059") thickness 300 $ g. 24" Dia. Sanitary Sewer Mains LF tJD 9.0 mm Normal Thickness (.354) 300 $ $ 20) ~/O - Each additionall.5mm (.059") thickness 300 $ $ 9ZD~ TOTAL a-g $ CONTIGENCY 10% $ TOTAL METHOD 1 $ 307 ,~O ~-- 3D) 71,9' ;?.:3a~ &.I59~ 2007 Sanitary Sewer Rehabilitation Project Section V V-14 2. ADD AL TERNA TE: Method 2- Trenchless Pipe Reconstruction - CIPP Repair Sleeve. ITEM DESCRIPTION UNIT EST. UNIT PRICE SUB-TOTAL UANTITY a. 6" Dia. Sanitary Sewer Mains EA $ 8'1:> ':!! ~ -- 0'-8' 5 $ 8.1 '-16' 2 $~ $ ~:~; 16.1 '-24' 2 $ 0- $ 1./1 J 2.0 ~ b. 8" Dia. Sanitary Sewer Mains EA tP $ bJI/'S"O~ 0'-8' 5 $ I , 'Z ~O -- 8.1'-16' 2 $ ~ SOOg? $ ~ ~C1!2 $' 16.1 '-24' 2 $ D~ $ II 0 '!!' c. 1 A" Dia. Sanitary Sewer Mains EA ~~~; 0'-8' 5 $ 8.1'-16' 2 $ 16.1'-24' 2 $ 'f) 9"0 ~ d. 12" Dia. Sanitary Sewer Mains EA 0'-8' 5 $ 17'50D.! $ S 7s-0~ 8.1 '-16' 2 $ iJ "''lD~ $ 't: ~ 110 '!E. 16.1 '-24' 2 $ OO~ $ "' [)O~ e. 15" Dia. Sanitary Sewer Mains EA 0'-8' 5 $ 8.1'-16' 2 $ 16.1 '-24' 2 $ f. .18" Dia. Sanitary Sewer Mains EA 0'-8' 3 $ 8.1 '-16' 1 $ 16.1 '-24' 1 $ g. 20" Dia. Sanitary Sewer Mains EA ~ f)D 0'-8' 3 $ 257S- $ 172~""" 8.1'-16' 1 $ ~ 'J~~ $ ~~~~ 16.1 '-24' 1 $ '9 $ h. 24" Dia. Sanitary Sewer Mains EA 9. ~OO~ 0'-8' 3 $ 8.1 '-16' 1 $ 't ~40c..! 16.1 '-24' 1 $ ~ OO~ ___m.1 TOTAL a-h $ '7' 90.5 ~ CONTINGENCY 10% $ f 79D ~ TOTAL METHOD 2 $ 15 69.5 I" 1 2007 Sanitary Sewer and Manhole Rehabilitation Project Section V V-IS 3. Ancillary Services UNIT EST. QUANTITY LS/work 5 order UNIT PRICE $ I} DOvD)J ITEM DESCRIPTION a. Mobilization b. Easement Access, additional < or = IS" LF LF Diameter > IS" Diameter c. Service with Pressure Grouting EACH 25 5000 1000 d. Standard Service Reconnection EACH 250 e. Light Cleaning 8" -10" Diameter 12" -IS" Diameter 16" -24" Diameter f. Heavy Cleaning 8" -10" Diameter 12" -IS" Diameter 16" -24" Diameter g. Root Removal 8" -10" Diameter 12" -IS" Diameter 16" -24" Diameter h. Tuberculation Cleaning 8" -10" Diameter 12" -IS" Diameter 16" -24" Diameter LF 7000 300 300 2000 300 300 500 300 300 500 300 300 TOTAL a-h CONTIGENCY 100.10 TOTAL NO. 3 TOTAL SECTION A (sum of 1&3) $ TOTAL ADD ALTERNATE (Total Method 2) $ TOTAL SECTION A AND ADD ALTERNATE $ '0 $ O. - $ $ D. '.E $ $ ZJ.fO~ $~ $ I "tE $ J ~ $ .~ {.E $ 3~ $ 5~ $ 8 1::.,<1 $ /~~ $ 2.!! $ ~'.!? $ /O~O $J2't!Z $ 18 SJ2 s-B!!, ~~ ~ ~~;8:;3"O:: &.t~b i99g2 k~j~~~:~ SUB-TOT AL $ s: 0(70 ~ / >"00 ~ J OD~ b,f2bJ2 ~ $ 4~ 000 C?9- $ I l $ 9 8DO ~ $ J LJ~7J~ $ 9SDD~ $ ~I 200~ $ .. ~~O~ $ 111 hOrJ!! l I ; $ $ $ 75DD,!!. h w f!!i I:, ~D o.! ...-- $ 5': I~O re. $ ~' 720 ~ $ .ttf' 550 ~ I B. SANITARY MANHOLE REHABll..ITATION Manhole Surfacing- Polyurethane Barrier or Epoxy Liner Product: Manufacturer's recommended thickness: No 8f /) 1#,(, ...scCT7~r/ 2007 SDnitary Sewer and Manhole Rehabilitation Project Section V V-16 ITEM DESCRIPTION UNIT EST. UNIT PRICE SUB-TOTAL QUANTITY a. Mobilization LS/work 3 order $ $ b. Manhole liner for 4'-6' Vertical 300 diameter Foot $ $ c. Bench/invert Repair Each 70 $ $ d. Injection grouting Per 30 manhole $ $ e. Manhole c1ean/jet-vac Per 40 manhole $ $ f. Remove existing liner for Vertical 300 4' -6' diameter foot $ $ TOTAL a-f CONTIGENCY 10% TOTAL SECTION B No B "0 $ $ $ C. SEWER CLEANING AND TELEVISING INSPECTION 1. Sewer Line Cleaning ITEM DESCRIPTION UNIT EST. UNIT PRICE SUB- TOTAL QUANTITY a. Mobilization LS 1 $ $ - b. Light Cleaning LF $ $ 8"-10" Diameter 70,000 $ $ 12"-15" Diameter 7,000 $ $ 16"-24" Diameter 6,500 $ $ 30"-36" Diameter 500 $ $ c. Heavy Cleaning LF $ $ 8"-10" Diameter 30,000 $ $ 12"-15" Diameter 3,000 $ $ - 16"-24" Diameter 4,000 $ $ - 30"-36" Diameter 200 $ $ d. Root Removal LF $ $ - 8"-1 0" Diameter 500 $ $ - 12" -15" Diameter 500 $ $ 16" - 24" Diameter 500 $ $ - 30"-36" Diameter 200 $ $ 2007 Sanitary Sewer and Manhole Rehabilitation Project Section V V-I? e. Easement access, LF additional $ $ I 8"-10" Diameter 100,000 $ $ 12"-15" Diameter 8,000 $ $ 16"-24" Diameter 8,000 $ $ 30"-36" Diameter 500 $ $ f. Tuberculation Cleaning LF 8"-10" Diameter 1,000 $ $ 12" -15" Diameter 1,000 $ $ 16"-24" Diameter 1,000 $ $ 30"-36" Diameter 1 ,000 $ $ g. Manhole Clean/Jet-vac EACH 100 $ $ TOTAL a-g CONTIGENCY 10% TOTAL NO. 1 $ $ $ I~' '0 2. CCT VplPean m o e mspectIOn WIt ranlte compatI II Ity ITEM DESCRIPTION UNIT EST. UNIT PRICE SUB-TOTAL QUANTITY a. Mobilization LS 1 $ $ b. CCTV pipe inspection LF 8"-10" Diameter 100,000 $ $ 12"-15" Diameter 13,000 $ $ 16"-24" Diameter 12,000 $ $ 30"-36" Diameter 1 , 000 $ $ c. Manhole Inspection EA 50 $ $ d. Smoke Testing LF 2,500 $ $ e. Additional Set-Up LS 100 $ $ d anh I . . h PACP/CUES G . XP "tT TOTAL a-e CONTIGENCY 10% TOTAL NO.2 $ $ $ , "/cJ~ TOTAL SECTION B (sum of 1 & 2) $ A/O B/'il D. SEWER PIPE, FORCE MAIN, AND MANHOLE EMERGENCY REPAIR 2007 Sanitary Sewer and Manhole Rehabilitation Project Section V V-18 1. Mobilization 2. Traffic Control 3. Labor hour F orman regular time Forman overtime Operator regular time Operator overtime Truck Driver regular time Truck Driver overtime Pipe Layer regular time Pipe Layer overtime Laborer regular time Laborer overtime 4. Equipment Foreman P/U with hand tools Job truck with tools Tractor & Trailer (Transport) Track Hoe (to 100 HP) Track Hoe (101 HP to 170 HP) Track Hoe (171 HP and up) Rubber Tired Backhoe Wheel Loader (to 150 HP) Wheel Loader (151 HP and up) Track Type Tractors (to 100 HP) Track Type Tractors (101 HP and up) Dump Truck (Tandem Axle) Plate Tamp 3" Trash Pump 4" Double Diaphragm Pump Air Compressor (125 CFM min.) Well Point Pump Well Point 4" Jet Pump Emergency Hauling up to 2500 gallons Emergency Hauling over 2500 gallons 5. Materials Asphalt - 2" overlay 3000 psi Concrete Off Site Selected Fill Limerock Base Material -t Lump Sum \ per day per hr (hour) per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per hr per day per linear ft per day per hr per hr f= per Square Yard . per Cubic Yard (CY) per CY per Ton 2007 Sanitary Sewer and Manhole Rehabilitation Project Section V V-19 # 57 Washed Stone Bahia Sod City's standard manhole ring City's standard manhole cover Two-way Cleanouts per Ton per Square foot per each per each per each 5a. Sewer mains replacement per lineal foot PVC DI 8" diameter 10" diameter 12" diameter 15" diameter 18" diameter 20" diameter 21" diameter 24" diameter 30" diameter 36" diameter , 5b. Force mains replacement per lineal foot PVC DI 8" diameter 10" diameter 12" diameter 15" diameter 18" diameter 20" diameter 21" diameter 24" diameter 30" diameter 36" diameter TOTAL 1-5b $ No fJl'1) *Note: The above total will not be the base of award. The City will analyze the unit prices and award of the emergency contract in its best interest. CONTRACTOR: Insltuform Tech.noloales. lnc. BIDDER'S TOTAL SECTION A (sum of 1-3) . $ SB8) &oJ ~'l. S9- (Numbers) FjJI!; ),rJ,JTJlCtlC/) '&11-11,/ (Words) EI6-H-r 7J.I.~rJsA?tJ(;) F6cJIt- JJtI~",)A,~i) Jl/11tJr, Ft:)()L ". ,J u S-tJjJPO, 2007 Sanitary Sewer and Manhole Rehabilitation Project Section V V-20 BIDDER'S TOTAL SECTION B - No R.n i:J $ (Numbers) (W ords) BIDDER'S TOTAL SECTION C (sum of 1-2) - Alo B,t> $ (Numbers) (Words) , BIDDER'S TOTAL SECTION D (sum of 1-5b) - No Sib $ (Numbers) (W ords) THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED FOR EACH SECTION. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. Section V V-21 2007 Sanitary Sewer and Manhole Rehabilitation Project STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION .I i CONSTRUCTION I~~USTRY LICENSING BOARD 1940 NORTH MO~~OE STREET TALLA..':fASSEE FL 32399-0783 (850) 487-13S5 :NSITUFO~~ TECHNOLOGIES INC :'7588 EDISON AVENUE CHESTERFIELD MO 63005 (. STATE OF flORIO... ACI ..:= = ~- I . DRPARTKKNT OF BUSINESS AND ; PROFESSIONAL REGULATION I Q800111,31 08/06/07 O'801836~ QUALIFIED BUSINESS ORGANIZAT::'N INSITUFORK TBCBNOLOGIES INC (NOT A LICDTSE '1'0 PBRFORM WORK ALLOWS COMPANY '1'0 DO BUSINESS IE IT BAS A LICENSED QUALIFIER,) I IS QtD.L:rPIKD ~ ';h. pray1a1oca "t.~~. .; e Sf J' ~ 1lX;'~=.UQ" ~"' AOG 31, 2009 ;.o-O&C;;~. ^; DETACH t-:ERE > 3326375 STATE OF FLORIDA PEPARTMENT OF BUSLNESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#Lo7oac6::>1::j,' R 08 06 2007 078018385 BOOll131 The BUSrNESS O~~ZATION Named below IS QUALIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2009 (THIS IS NOT A: LICENSE TO PERPORlll WORK. TRIa ALLOWS COMPANY TO 00 ~USINESS ONLY IP rr HAS A QUALIFIER.) INSITUFORM TECHNOLOGIES INC 702 SPIRIT 4Q ~ARX DRIVE CHESTERFIBLD MO 63005 CHARLIE CRIST HOT.T.V 'Ri?N'~()N ~ STATE OF FLORIDA /.~ ~'\ 1ft' \ '~,~ DEPARTMENT OF BUSINESS AND PROFESSIONAL - ii CONSTRUCTION INDUSTRY LICENSING BOARD .~ ~. 1940 NORTH MONROE STREET ~~~ TALLAHASSEE FL 32399-0783 REGULATION (850) 487-1395 HOWTON, RICHARD TAYLOR INSITUFORM TECHNOLOGIES INC 20 MANSELL COURT SUITE 500 ROSWELL GA 30076 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION AC# 2 7 4 -( Lj 14S CGC061125 08/24/06 068036983 CERTIFIED GENERAL CONTRACTOR HOWTON, RICHARD TAYLOR INSITUFORM TECHNOLOGIES INC IS CERTIFIED un.1er the provisions of ch.489 FS, axpiratiol1 date, AUG 31, 2008 L0608240~631 DETACH HERE r--- \ AGII 2747445 I I I I I I I i I I i I I I I I I I I i I I- ___ __________ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NBR SEQ#L06082401631 08 24 2006 068036983 CGC061125 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter Expiration date: AUG 31, 2008 489 FS. HOWTON, RICHARD TAYLOR INSITUFORM TECHNOLOGIES INC 702 SPIRIT 40 PARK DRIVE CHESTERFIELD ,MO 63005 JEB BUSH GOVERNOR SIMONE MARSTILLER SECRETARY DISPLAY AS REQUIRED BYLAW May 15, 1998 ~ ~ .......:\ ~WE~ FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State CT CORPORATION SYSTEMS C/O SHANNON P. KISTER 120 SOUTH CENTRAL AVE. CLAYTON, MO 63105 Qualification documents for INSITUFORM TECHNOLOGIES, INC. were filed on May 15, 1998 and assigned document number F98000002782. Please refer to this number whenever corresponding with this office. Your corporation is now qualified and authorized to transact business in Florida as of the file date. A corporation annual report will be due this office between January 1 and May 1 of the year following the calendar year of the file date. A Federal Employer Identification (FEI) number will be required before this report can be filed. If you do not already have an FEI number, please apply NOW with the Internal Revenue by calling 1-800-829-3676 and requesting form SS-4. Please be aware if the corporate address changes, it is the responsibility of the corporation 'to notify this office. ' , ' Should you have any questions regarding this matter, please telephone (850) 487-6091, the Foreign Qualification/Tax Lien Section. Agnes Lunt Document Specialist Division of Corporations Letter Number: 598A00027264 Division ofCornorationl=: - P () R{)Y ~q?7 _'l'..,l1~\...~M~~ ~1__.' , n""n... , APPLICATION BY FOREIGN CORPORATION FOR AUTHORIZATION TO TRANSACT BUSINESS IN FLORIDA IN COMPLIANCE WITH SECTION 607.1503, FLORIDA STATUTES, THE FOLLOWING IS SUBMITTED TO REGISTER A FOREIGN CORPORA TlON TO TRANSACT BUSINESS IN THE STA TE OF FLORIDA: 1. Insituform Technologies, Inc. (Name of corporation: must mclude the word "INCORPORATED", "COMPANY", "CORPORATION", or words or abbreviations of like import in language as will clear1y indicate that it is a corporation instead of a natural person or partnership if not so contained in the name at present.) 2. Delaware (state or country under the law of which it is incorporated) 3. 13-3032158 (FEI number. if applicable) 4. March 27, 1980 (Date of incorporation) 5. Perpetual {Duration: Year corp. will cease to exist or "perpetualj 6. Upon Oualification (Date first transacted business in Florida. (See sections 607.1501,607.1502, and 817.156. F.S.)) 7. 702 Spirit 40 Park Drive. Chesterfield. Missouri 63005 (Current mailing address) 8. Any lawful act or activity for which a co~ration may be orqanized. (purpose(s) of corporation authorized in home state or country to be carned out in the state of Florida) ~ u: II"T1 'n ]:> :;;,') ::Cf'"q !::.. ::-", (j) J.- U):: r'1-' . C'" <: . 01 or" 6 :..~; ::0 :v --I 0,." )> 9. Name and street address of Florida registered agent: Name:c T Corporation System om A. c/o C T Corporation System, 1200 South Pine Ice ddress: Island Road Plantation .. Florida, 33324 (Zip COde) 1..0 OJ :l: :Po " -< U1 ,....,.. ~ -u rn ::;c 0 - .. 0 ~ 10. Registered agent acceptance: Having been named as registered agent and to accept service of process for the above stated corporation at the place designated in this application. I hereby accept the appointment as registered agent and agree to act in this capacity., I further agee to comply with the provisions of all statutes relative to the proper and complete performance of my dutIes, and I am familiar with and accept the obligation of my position as registered agent. C T Corporation System ~.~.~"'- stered agent's signature) (Officer) /111,~. G~2c,u. ~)-I.S~CA 11. Attached is a certificate of existence duly authenticated, not more than 90 days prior to delivery of this application to the Department of State, by the Secretary of State or other official having custody of corporate records in the jurisdiction under the law of which it is incorporated. 12. Names and addresses of officers and/or directors: A DIRECTORS Chairman: Address: Vice Chairman: Address: Director: Address: Director: Address: . B. OFFICERS President: See attached list of officers Address: Vice President: Address: Secretary: Address: Ir-. A ,.... "'t"\, Treasurer: Address: 13. airman, or any 0 e 14. William A. Martin. Vice President (Typed or printed name and capacity of person signing application) ~ Insituform ,,}/~"f,~r(~ "i?I~I~()'(~'/.["'''''' I,r ;. '_ t,' '! ~"..J _".. {~iI.'I. ., J.. to INSITUFORM TECHNOLOGIES, INC. OFFICERS AND DIRECTORS CURRENT AS OF AUGUST 15, 2007 DIRECTORS Stephen P. Cortinovis Director Stephanie A. Cuskley Director John P. Dubinsky Director Juanita H. Hinshaw Director Alfred T. McNeill Director Sheldon Weinig Director Alfred L. Woods Chairman of the Board OFFICERS Alfred L. Woods Interim Chief Executive Officer Thomas E. Vossman Senior Vice President and Chief Operating Officer David A. Martin Vice President and Chief Financial Officer David F. Morris Senior Vice President, Chief Administrative Officer and Secretary Alexander Buehler Vice President MarketinlZ and Technology Andrew B. Stroud, Jr. Vice President - Human Resources Andrew P. Hay Vice President and Treasurer Tod O'Donoghue Assistant Secretary Elizabeth A. Kovaly Assistant Secretary Business Address for Officers and Directors: 17988 Edison Avenue Chesterfield, MO 63005 15 OPENING OF BIDS 15.1 Bids will be opened and read publicly at the location and time stated in the Advertisement for Bids. Bidders are invited to be present at the opening of bids. 16 LICENSES, PERMITS, ROYALTY FEES AND TAXES 16.1 The Contractor shall secure all licenses and permits (and shall pay all permit fees) except as specifically stated otherwise in the Technical Specifications. The Contractor shall comply with all Federal and State Laws, County and Municipal Ordinances and regulations, which in any manner effect the prosecution of the work. City of Clearwater building permit fees and impact fees will be waived except as specifically stated otherwise in the Technical Specifications. 16.2 The Contractor shall assume all liability for the payment of royalty fees due to the use of any construction or operation process, which is protected by patent rights except as specifically stated otherwise in the Technical Specifications. The amount of royalty fee, if any, shall be stated by the Contractor. 16.3 The Contractor shall pay all applicable sales, consumer, use and other taxes required by law. The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and sales tax exemptions and complying with all requirements. 17 IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE 17.1 In accordance with the requirements of Section 287.087 Florida Statutes regarding a Vendor Drug Free Workplace, in the event of identical tie bids, preference shall be given to bidders with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none or all of the tied bidders have a drug-free workplace program. In order to have a drug-free workplace program, a contractor shall supply the City with a certificate containing the following six statements and the accompanying certification statement: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees as to the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contrac~al services that are under bid, the employee will 2007 Sanitary Sewer and Manhole Rehabilitation Project Section II 1I-6 18 18.1 18.2 18.3 18.4 19 19.1 19.2 abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, or of any controlled substance law, of the United States, or of any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. I certify that this fi.rm~ (select only one) fully comply with the above requirements. I", lto fo~. Tee h_" ~ e. AWARD OF CONTRACT ///y~ . - H. Douglas Thoma,s, VP Special Projects Discrepancies between words and figures will be resolved in favor of words. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In evaluating the Bids, the City will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, unit prices, and other data as may be requested in the Bid/Proposal form. The City may consider the qualifications and experience of Subcontractors, suppliers and other persons and organizations proposed by the Contractor for the Work. The City may conduct such investigations as the City deems necessary to assist in the evaluation of any Bid and to establish th.e responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons, and organizations to perform and furnish the Work in accordance with the Contract Documents to the City's satisfaction within the prescribed time. If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder whose evaluation by the City indicates to the City that the award will be in the best interest of the City. This bid can be awarded to multiple contractors for each category of work as described in the bid form. BID PROTEST RIGHT TO PROTEST: Any actual bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of hislher complaints initially with the Purchasing Manager, and if not satisfied, with the City Manager, in accordance with protest procedures set forth in this section. PROTEST PROCEDURE: A. A protest with respect to the specifications of an invitation for bid or request for proposal shall be submitted in writing a minimum of five (5) work days prior to the opening of the bid or due date of the request for proposal. Opening dates for bids or due dates for requests for proposal will be printed on the bid/request document itself. Section II 2007 Sanitary Sewer and Manhole Rehabilitation Project 11-7 ~ InsituforlJ1 Teclzlzologies, In;(~. DRUG AND ALCOHOL DRUG-FREE WORKPLACE POLICY FOR COMPLIANCE WITH CORPORATE POLICY, THE DEPARTMENT OF TRANSPORT A TION RULES, AND THE DRUG-FREE WORKPLACE ACT OF 1988 I. POLICY STATEMENT Pursuant to Corporate Policy, The Department of Transportation Rules and the Drug- Free Workplace Act of 1988, Insituform Technologies, Inc. and its controlled affiliates and subsidiaries ("Company") pledges itself to the following policy: The unlawful manufacture, distribution, possession, sale and/or use of certain banned, illegal, unauthorized, illicit Drugs Controlled Substance or Alcohol is prohibited during working hours or on Company premises or any workplace or worksite. Alcohol will only be permitted when authorized by an Officer of The Company or hislher designee for specific Company functions. Any violation of this Policy will result in discipline up to and including discharge. As a condition of employment each Employee must abide by the terms ofthis Policy, and must notify the Company of any criminal Drug, Controlled Substance or Alcohol statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction. Any Employee so convicted, or any Employee found violating the Company's established Policy, shall be subject to discipline up to and including discharge. II. PURPOSE The purpose of this Policy is to help prevent accidents and injuries resulting from the misuse of Alcohol and/or the use of banned, illegal, unauthorized, or illicit Drugs and/or Controlled Substances by all Employees of the Company including those who operate Commercial Motor Vehicles. This is the Company Policy regarding Drug, Controlled Substance and Alcohol testing rules and procedures therein and is intended to be consistent with, and in compliance with the U.S. Department of Transportation Federal Highway Administration's ("DOT') Drug, Controlled Substance and Alcohol testing rules, regulations and procedures contained in Title 49 CFR. The Company reserves the right, with or without notice, to change, to expand, to reduce, or to eliminate this Policy at any time and from time to time as it determines to be appropriate. m. APPLICABILITY This Policy applies to every Company Employee, including but not limited to, those who are subject to the Commercial Driver's License (CDL) requirement, any person who operates a Company Commercial Motor Vehicle, and includes full time Drivers, casual, intermittent or occasional Drivers and any person applying for a job which may require being a Driver of a Company Commercial Motor Vehicle. IV. OBJECTIVES 1. To establish a procedure to achieve a Drug, Controlled Substance and Alcohol-free workforce and to provide a workplace that is free of use and/or abuse of banned, illegal, unauthorized, illicit Drugs, Controlled Substance and Alcohol abuse. 2. To establish a procedure for Drug, Controlled Substance and Alcohol screening where there is reasonable suspicion that an Employee has certain banned, illegal, unauthorized, illicit Drugs, Controlled Substances, and/or Alcohol in their system while on duty. 3. To establish a procedure for random Drug, Controlled Substance and Alcohol screening of Employees in positions that have a significant impact upon the safety of themselves or others. 4. To establish a procedure for post accident Drug, Controlled Substance and Alcohol screening of Employees. 5. To establish an "Employee Assistance Program (EAP)" and training program to inform Employees about the dangers of Drug, Controlled Substance and Alcohol abuse in the workplace, to inform Employees about available counseling and Employee assistance through the "PERSONAL ASSISTANCE SERVICES-EAP" program, and of penalties to be imposed for violations of this Policy. ~ Insituforln 1ech,nologies, In(~. RECEIPT FOR ABBREVIATED VERSION OF THE DRUG AND ALCOHOL DRUG-FREE WORKPLACE POLICY FOR COMPLIANCE WITH CORPORATE POLICY, THE DEPARTMENT OF TRANSPORTATION RULES, AND THE DRUG-FREE WORKPLACE ACT OF 1988 I have received a copy of the abbreviated version of the Company's "Alcohol, Drug and Controlled Substance-Free Workplace Policy For Compliance With Corporate Policy, The Department Of Transportation Rules, and The Drug-Free Workplace Act Of 1988", with an attached "Consent Form". I understand that it is my responsibility to comply with all of its terms and conditions. I also understand that if! desire a complete copy ofthe policy will be given to me upon a request to either the Human Resource orSafety Department. (Signature) (Name Printed) (Date) (Witness) (Date)