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1208-Insituform Technologies
�.F 0 % , �I v` CITY OF SANFORD, FL, AGREEMENT FOR SERVICES NOT SUBJECT TO CCNA THIS AGREEMENT made and entered into the day of f4&u- , by and between the City of Sanford, Florida, whose address is 00 North rk Avenue; Sanford, Florida 32771, a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" and Insituform Technologies, Inc. whose principal and local address is 17988 Edison Avenue; Chesterfield, MO 63005 hereinafter referred to as to as the "CONTRACTOR ". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. WITNESSETH: WHEREAS, the CITY desires to retain the CONTRACTOR for the work identified in the bid and /or proposal specifications outlined in the Solicitation Number IFB 07/08- 07 RESTORATION OF UNDERGROUND PIPE AND TO PROVIDE MANHOLE REHABILITATION and Response dated November 28 2007 by Insituform Technologies, WHEREAS, the CITY desires to retain the CONTRACTOR to provide work to be specifically identified and assigned by the City per the proiect bid as subsequently specifically set out in Work Order /Purchase Orders to be issued under this Agreement; and WHEREAS, the CITY desires to employ the CONTRACTOR for the performance necessary to support the activities, programs and projects of the CITY upon the terms and conditions hereinafter set forth, and the CONTRACTOR is desirous of performing and providing such services upon said terms and conditions; and WHEREAS, the CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality services to the CITY; and WHEREAS, all CITY promulgated bid documents pertaining to RESTORATION OF UNDERGROUND PIPE AND MANHOLE REHABILITATION and all submissions submitted by the CONTRACTOR in the proposal(s) /bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. WHEREAS, the CITY desires to retain the CONTRACTOR to provide all labor and services in accordance with, but not limited to, the guidelines in the Scope of Work; and WHEREAS, this Agreement is not subject to the provisions of the CONSULTANTs Competitive Negotiation Act; and WHEREAS, the CITY desires to use the expertise and knowledge of the CONTRACTOR; and NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the parties hereto as follows: SECTION 1: GENERAL PROVISIONS. (a) The term "CONTRACTOR" as used in this Agreement is hereby defined herein as that person or entity, including employees, servants, partners, principals, agents and assignees providing services under this Agreement. (b) The CONTRACTOR acknowledges that the CITY may retain other service providers to provide the same services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other service providers for CITY projects. The CITY reserves the right to select which services provider shall provide services for the CITY's projects. (c) The CONTRACTOR agrees to provide and ensure coordination between services providers. (d) The recitals herein are true and correct and form and constitute a material part of this Agreement upon which the parties have relied. (e) Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he /she /they is /are authorized to bind the CONTRACTOR fully to the terms of this Agreement. (f) Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement to include, but not be limited to, each Work Order. The parties covenant and agree that they shall diligently and expeditiously pursue their respective obligations set forth in this Agreement and each Work Order. (g) When the term "law" is used herein, said phrase shall include statutes, codes, rule and regulations of whatsoever type or nature enacted or adopted by a governmental entity of competent jurisdiction. 2 (h) It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent CONTRACTOR with respect to all services performed under this Agreement. (i) Persons employed by the CONTRACTOR in the provision and performance of the services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. Q) No claim for services furnished by the CONTRACTOR not specifically provided for herein or in a Work Order shall be honored by the CITY. SECTION 2: SCOPE OF SERVICES. (a) The CONTRACTOR shall safely, diligently and in a professional and timely manner perform, with its own equipment and assets, and provide services included in each subsequently entered Work Order. Unless modified in writing by the parties hereto, the duties of the CONTRACTOR shall not be construed to exceed the provision of the services pertaining to this Agreement. (b) The CONTRACTOR shall provide the services as generally set forth and described in Exhibit "A" to this Agreement and specifically detailed in various Work Orders as may be issued from time -to -time by the CITY. SECTION 3: WORK ORDERS. (a) The provision of services to be performed under the provisions of this Agreement shall be commenced as set forth in the CITY's bid /procurement documents upon the execution of this Agreement and a Work Order issued on a form provided by the CITY hereunder commencing the provision of services. Additional services to be performed by the CONTRACTOR to the CITY, shall be authorized in written Work Order /Purchase Orders issued by the CITY on a form provided by the CITY. Work Orders executed by the CITY shall include a detailed description of services and a completion schedule. The CONTRACTOR shall review Work Orders and notify the CITY in writing of asserted inadequacies for the City's correction, if warranted. (b) If the services required to be performed are clearly defined, the Work Order shall be issued on a "Fixed Fee" basis. The CONTRACTOR shall perform all services required by the Work Order but, in no event, shall the CONTRACTOR be paid more than the negotiated Fixed Fee amount stated therein. For Work Orders issued on 3 a "Fixed Fee Basis ", the CONTRACTOR may invoice the amount due based on the percentage of total Work Order services actually performed and completed; but, in no event, shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (c) If the services are not clearly defined, the Work Order may be issued on a "Time Basis Method" and may contain a Not -to- Exceed amount. If a Not -to- Exceed amount is provided, the CONTRACTOR shall perform all work required by the Work Order; but in no event, shall the CONTRACTOR be paid more than the Not -to- Exceed amount specified in the applicable Work Order. The CONTRACTOR shall advise the CITY whenever the CONTRACTOR has incurred expenses on any Work Order that equals or exceeds eighty percent (80 %) of the Not -to- Exceed amount. For Work Orders issued on a "Time Basis Method" with a Not -to- Exceed amount, the CONTRACTOR may invoice the amount due for actual work hours performed but, in no event, shall the invoice amount exceed a percentage of the Not -to- Exceed amount equal to a percentage of the total services actually completed. (d) Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a Not -to- Exceed amount shall be treated separately for retainage purposes which shall be prescribed on the face of the Work Order, but, if not prescribed, shall be ten percent (10 %). If the CITY determines that work is substantially complete and the amount retained is considered to be in excess, the CITY may, at its sole and absolute discretion, release the retainage or any portion thereof. (e) Payments shall be made by the CITY to the CONTRACTOR when requested as work progresses for services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. The CONTRACTOR shall render to the CITY, at the close of each calendar month, an itemized invoice properly dated, describing any services rendered, the cost of the services, the name and address of the CONTRACTOR, Work Order Number, Contract Number and all other information required by this Agreement. SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the services to be provided and /or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services described in this Agreement and to be identified Work Orders and that it is well acquainted with the work conditions and the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. Execution of a Work Order shall be an affirmative and irrefutable representation by the CONTRACTOR to the CITY that the 4 CONTRACTOR is fully familiar with any and all requisite work conditions of the provisions of the services. SECTION 5: CHANGE ORDERS. (a) The CITY may revise the scope of services set forth in any particular Work Order. (b) Revisions to any Work Order shall be authorized in writing by the CITY as a Change Order. Each Change Order shall include a schedule of completion for the services authorized. Change Orders shall identify this Agreement and the appropriate Work Order number. Change Orders may contain additional instructions or provisions specific upon certain aspects of this Agreement pertinent to the services to be provided. Such supplemental instructions or provisions shall not be construed as a modification of this Agreement. An Agreement between the parties on and execution of any Change Order shall constitute a final settlement and a full accord and satisfaction of all matters relating to the change and to the impact of the change on unchanged work, including all direct and indirect costs of whatever nature, and all adjustments to the CONTRACTOR's schedule. SECTION 6: CONTRACTOR RESPONSIBILITIES. (a) The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the CONTRACTOR under this Agreement as well as the conduct of its staff, personnel, employees and agents. All CONTRACTOR employees shall at all times when performing work wear identification badges which, at a minimum, provides the name of the employee and the CONTRACTOR. (b) The CONTRACTOR shall provide to the CITY a list of employees working on the project. The CONTRACTOR shall provide to the CITY a list of employee working days, times and assignments within forty -eight (48) hours of the CITY's written request for such information. This information, when requested by the CITY, shall be provided to the CITY prior to the employees of the CONTRACTOR entering the CITY's premises. (c) The CONTRACTOR shall comply with Section 2 -67 of the Sanford City Code as it relates to security screenings of private contractors and employees of private contractors. The CONTRACTOR shall cause each person found by the City Commission to be functioning in a position critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility to undergo the following inquiries and procedures conducted by the City of Sanford: (i) Fingerprinting in accordance with the CITY's pre - employment procedures, 5 (ii) Submission of the fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation, and (iii) Submission of the fingerprints to the Federal Bureau of Investigation for a national criminal history evaluation. Such confidential information shall be used by the CITY to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the CITY may request and the CONTRACTOR shall provide the name, address and social security number and licenses (driver's, commercial drivers license or CDL, or other operator's license) for employees of the CONTRACTOR that may work on the CITY's premises in positions found by the City Commission to be critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the employees. If an employee refuses to authorize the release of their address, social security number and /or licenses they shall not be allowed to work or continue to work in such critical positions. (d) The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the services. The CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes only and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his /her /its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR's submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto. (e) Neither the CITY's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR's negligent or improper performance or failure to perform any of the services furnished under this Agreement. (f) The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. (g) Time is of the essence in the performance of all services provided by the CONTRACTOR under the terms of this Agreement and each and every Work Order. (h) The CONTRACTOR shall cooperate with the CITY in the implementation of the CITY's tax recovery program and, to that end, the CITY may make purchases 9 directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases. SECTION 7: CITY RIGHTS AND RESPONSIBILITIES. (a) The CITY shall reasonably cooperate with the CONTRACTOR in a timely fashion at no cost to the CONTRACTOR as set forth in this Section. (b) The CITY shall furnish a CITY representative, as appointed by the designated representative to administer, review and coordinate the provision of services under Work Orders. (c) The CITY shall make CITY personnel available where, in the CITY's opinion, they are required and necessary to assist the CONTRACTOR. The availability and necessity of said personnel to assist the CONTRACTOR shall be determined solely at the discretion of the CITY. (d) The CITY shall examine all of the CONTRACTOR's services and indicate the CITY's approval or disapproval within a reasonable time so as not to materially delay the provisions of the services of the CONTRACTOR. (e) The CITY shall transmit instructions, relevant information, and provide interpretation and definition of CITY policies and decisions with respect to any and all services covered by this Agreement. (f) The CITY shall give written notice to the CONTRACTOR whenever the CITY's designated representative knows of a development that affects the services provided and performed under this Agreement, timing of the CONTRACTOR's provision of services, or a defect or change necessary in the services of the CONTRACTOR. (g) The rights and remedies of the CITY provided for under this Agreement are in addition to any other rights and remedies provided by law. The CITY may assert its right of recovery by any appropriate means including, but not limited to, set -off, suit, withholding, recoupment, or counterclaim, either during or after performance of this Agreement as well as the adjustment of payments made to the CONTRACTOR based upon the quality of work of the CONTRACTOR. (h) The CITY shall be entitled to recover any and all legal costs including, but not limited to, attorney fees and other legal costs that it may incur in any legal actions it may pursue in the enforcement of the terms and conditions of this Agreement or the responsibilities of the CONTRACTOR in carrying out the duties and responsibilities deriving from this Agreement. 7 (i) The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 0) Neither the CITY's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement nor or any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and always remain liable to the CITY in accordance with applicable law for any and all damages to the CITY or the public caused by the CONTRACTOR's negligent or wrongful provision or performance of any of the services furnished under this Agreement. (k) All deliverable analysis, reference data, survey data, plans and reports or any other form of written instrument or document that may result from the CONTRACTOR's services or have been created during the course of the CONTRACTOR's performance under this Agreement shall become the property of the CITY after final payment is made to the CONTRACTOR. SECTION 8: COMPENSATION. (a) Compensation to the CONTRACTOR shall be as set forth in each Work Order which assigns services to be accomplished by the CONTRACTOR. (b) The CONTRACT shall be paid in accordance with the schedule of charges as set forth in Exhibit "B" attached hereto.. (c) There are no reimbursable expenses to be paid to the CONTRACTOR except as specifically set forth herein. SECTION 9: INVOICE PROCESS. (a) Invoices, which are in an acceptable form to the CITY and without disputable items, which are received by the CITY, will be processed for payment within thirty (30) days of receipt by the CITY. (b) The CONTRACTOR will be notified of any disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. (c) The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained in the CONTRACTOR's invoices. (d) Each invoice shall reference this Agreement, the appropriate Work Order and Change Order if applicable, and billing period. E:3 (e) The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed services referenced in an invoice. (f) Invoices are to be forwarded directly to: Finance Department City Of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 SECTION 10: COMMENCEMENT /IMPLEMENTATION SCHEDULE OF AGREEMENT. (a) The CONTRACTOR shall commence the provision of services as described in this Agreement upon execution of this Agreement or execution of this Agreement or execution of a Work Order issued by the CITY. Work Orders shall be issued in substantially the form set forth in Exhibibit "C" to this Agreement. (b) The CONTRACTOR and the CITY agree to make every effort to adhere to the schedules required by the CITY or as established for the various Work Orders as described in each Work Order. However, if the CONTRACTOR is delayed at any time in the provision of services by any act or omission of the CITY, or of any employee, tumult of the CITY, or by any other CONTRACTOR employed by the CITY, or by changes ordered by the CITY, or by strikes, lock outs, fire, unusual delay in transportation, terrorism, unavoidable casualties, or any other causes of force majeure not resulting from the inactions or actions of the CONTRACTOR and beyond the CONTRACTOR's control which would not reasonably be expected to occur in connection with or during performance or provision of the services, or by delay authorized by the CITY pending a decision, or by any cause which the CITY shall decide to justify the delay, the time of completion shall be extended for such reasonable time as the CITY may decide in its sole and absolute discretion. It is further expressly understood and agreed that the CONTRACTOR shall not be entitled to any damages or compensation, or be reimbursed for any losses on account of any delay or delays resulting from any of the aforesaid causes or any other cause whatsoever. SECTION 11: TERM /LENGTH OF AGREEMENT. (a) The initial term of this Agreement shall be for a period of one (1) year. (b) After the initial term, this Agreement may be renewed on an annual basis for a maximum of thirty six months unless additional terms are approved by the City Commission. 0 SECTION 12: DESIGNATED REPRESENTATIVES. (a) The CITY designates the City Manager or his /her designated representative, to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement. (b) The City Manager, or his /her designated representative, shall have the following responsibilities: (1) Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR; (2) Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; (3) Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the project; and (4) Coordinating and managing the CONTRACTOR's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. (c) Until further notice from the City Manager the designated representative for this Agreement is: F. William Smith, Purchasing Manager City Of Sanford, City Hall 300 North Park Avenue Sanford, Florida 32771 Telephone Number: (407) 330 -5613 (d) The CONTRACTOR's designated representative is: Joann Smith nsi u orm Technologies, 1:79800 ndtson Ave, ^r e rfi e l d, ME) 63005 636- 530 -8000 SECTION 13: TERMINATION /SUSPENSION OF AGREEMENT. (a) The CITY may terminate this Agreement or any Work Order for convenience at any time or this Agreement or any Work Order for any one (1) or more of the reasons as follows: 10 (1) If, in the CITY's opinion, adequate progress to be provided or under a Work Order is not being made by the CONTRACTOR due to the CONTRACTOR's failure to perform; or (2) If, in the CITY's opinion, the quality of the services provided by the CONTRACTOR is /are not in conformance with commonly accepted professional standards, standards of the CITY, and the requirements of Federal and /or State regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a timely manner as reasonably determined by the CITY; or (3) The CONTRACTOR or any employee or agent of the CONTRACTOR is indicted or has a direct charge issued against him /her for any crime arising out of or in conjunction with any work that has been performed by the CONTRACTOR; or (4) The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or (5) The CONTRACTOR violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the CITY's Code of Conduct. (b) In the event of any of the causes described in this Section, the CITY's designated representative may send a certified letter to the CONTRACTOR requesting that the CONTRACTOR show cause why the Agreement or any Work Order should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement or any Work Order in progress under this Agreement. (c) In the event that this Agreement or a Work Order is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Work Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. SECTION 14: TERMINATION BY CONTRACTOR FOR CAUSE. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. In the event of such cause, the CONTRACTOR shall send a certified letter requesting that the CITY show cause why the Agreement should not be terminated. If adequate assurances are not given to the CONTRACTOR within fifteen (15) days of the receipt by the CITY of said show cause 11 notice, then the CONTRACTOR may consider the CITY to be in default, and may immediately terminate this Agreement. SECTION 15: TERMINATION BY THE CITY WITHOUT CAUSE. (a) Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, or terminate any specific Work Order without cause, if such termination is deemed by the CITY to be in the public interest, in writing of deficiencies or default in the performance of its duties under the Agreement and the CONTRACTOR shall have ten (10) days to correct same or to request, in writing, a hearing. (b) Failure of the CONTRACTOR to remedy said specified items of deficiency or default in the notice by either the CITY's designated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities under the terms and provisions of the Agreement. (c) The CITY shall have the right to terminate this Agreement without cause with a one - hundred twenty (120) day written notice to the CONTRACTOR. The CITY reserves the right to terminate any Agreement for cause with a five (5) day written notice to the CONTRACTOR. Notice shall be served to the parties as specified in the Agreement. (d) In the event that this Agreement is terminated, the CITY shall identify any specific Work Order(s) being terminated and the specific Work Order(s) to be continued to completion pursuant to the provisions of this Agreement. (e) This Agreement will remain in full force and effect as to all authorized Work Order(s) that is /are to be continued to completion. (f) In the event that after the CITY's termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. SECTION 16: PAYMENT IN THE EVENT OF TERMINATION. In the event this Agreement or any Work Order is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. SECTION 17: ACTION FOLLOWING TERMINATION. 12 Upon receipt of notice of termination given by either party, the terminated party shall promptly discontinue the provision of all services, unless the notice provides otherwise. SECTION 18: SUSPENSION. (a) The performance or provision of the CONTRACTOR's services under any Work Order or under this Agreement may be suspended by the CITY at any time. (b) In the event the CITY suspends the performance or provision of the CONTRACTOR's services hereunder, the CITY shall so notify the CONTRACTOR in writing, such suspension becoming effective within seven (7) days from the date of mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of such suspension. The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provision of services unless and until the CITY's designated representative notifies the CONTRACTOR in writing that the provision of the services of the CONTRACTOR called for hereunder are to be resumed by the CONTRACTOR. (c) Upon receipt of written notice from the CITY that the CONTRACTOR's provision of services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. SECTION 19: EQUAL OPPORTUNITY EMPLOYMENT /NON- DISCRIMINATION. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. SECTION 20: INDEMNITY AND INSURANCE. (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorneys fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or 13 provision of services required under this Agreement, provided that same is caused in whole or part by the error, omission, negligent act, failure to act, malfeasance, misfeasance, conduct, or misconduct of the CONTRACTOR, its agents, servants, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related to the performance of work. (b) In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. (c) Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. (d) In claims against any person or entity indemnified under this Section by an employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. (e) The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision in this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverages. (f) The CONTRACTOR shall submit a report to the CITY within twenty -four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. SECTION 21: INSURANCE. (a) The CONTRACTOR shall obtain or possess and continuously maintain the following insurance coverage, from a company or companies, with a Best Rating of A- or better, authorized to do business in the State of Florida and in a form acceptable to the City and with only such terms and conditions as may be acceptable to the CITY: (1) Workers Compensation /Employer Liability: The CONTRACTOR shallll provide Worker's Compensation for all employees. The limits will be statutory limits for Worker's Compensation insurance and $1,000,000 for Employer's Liability. (2) Comprehensive General Liability: The CONTRACTOR will provide coverage for all operations including, but not limited to, contractual, products and complete operations and personal injury. The limits will not be less than $1,000,000 Combined Single Limit (CDL) or its equivalent. 14 (3) Comprehensive Automobile Liability: The CONTRACTOR shall provide complete coverage for owned and non -owned vehicles for limits not less than $1,000,000 CSL or its equivalent. (4y - Professional-- Liabili ___The_ C_ ONTRACTOE�— aff ---- provide professional liability insurance as well fission insurance - or its equivalent. This coverage not required for this project, (b) All insurance other than Workers Compensation to be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. (c) The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the first Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. (d) The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the CITY by submission of a new Certificate of Insurance. (e) The CONTRACTOR shall furnish Certificate of Insurance directly to the CITY's designated representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. (f). Nothing in this Agreement or any action relating to this Agreement shall be construed as the CITY waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. (g) The CITY shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. 15 (h). The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. (i) All insurance shall be primary to, and not contribute with, any insurance or self- insurance maintained by the CITY. SECTION 22: STANDARDS OF CONDUCT. (a) The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. (b) The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. (c) The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The CONTRACTOR further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the CITY. Violation of this Section shall be considered as justification for immediate termination of this Agreement. (d) The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in a timely and complete manner including, but not limited to, occupational license tax. (e) If the CITY determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his /her assigned duties or is demonstrating improper conduct pursuant to any assignment or work performed under this Agreement, the CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. (f) The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY. 16 (g) The CONTRACTOR shall certify, upon request by the CITY, that the CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination of this Agreement. (h) If the CONTRACTOR or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination of this Agreement by the CITY. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the CITY. (i) The CITY reserves the right to unilaterally terminate this Agreement if the CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement. (j) The CONTRACTOR shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. (k) The CITY will not intentionally award publicly- funded contracts to any CONTRACTOR who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the CITY. (1) The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the services provided to the CITY. The CONTRACTOR agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. (m) The CONTRACTOR shall ensure that all services are provided to the CITY after the CONTRACTOR has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. (n) If applicable, in accordance with Section 216.347, Florida Statutes, the CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. 17 (o) The CONTRACTOR shall advise the CITY in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. (p) The CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. SECTION 23: ACCESS TO RECORDS /AUDIT /PUBLIC RECORDS. (a) The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. (b) The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance services under this Agreement and date of final payment for said services, or date of termination of this Agreement. (c) The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. (d) In addition to the above, if Federal, State, County, or other entity funds are used for any services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Flagler, or any representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. (e) In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY of the request for the refund. 18 (f) The CONTRACTOR agrees to fully comply with all State laws relating to public records. (g) The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. SECTION 24: CODES AND DESIGN STANDARDS. (a) All services to be provided for performed by the CONTRACTOR shall, at a minimum, be in conformance with commonly accepted industry and professional codes and standards, standards of the CITY, and the laws of any and all Federal, State and local regulatory agencies. (b) The CONTRACTOR shall be responsible for keeping apprised of any changing laws, applicable to the services to be performed under this Agreement. SECTION 25: ASSIGNABILITY. (a) The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. (b) The CONTRACTOR agrees to reasonably participate in the contract "piggybacking" programs pertinent to local governments. SECTION 26: SUBCONTRACTORS. (a) Any CONTRACTOR's proposed subCONTRACTORs shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a subcontract. SubCONTRACTOR information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. (b) The CONTRACTOR shall coordinate the provision of services and work product of any CITY approved subCONTRACTORs, and remain fully responsible for such services and work under the terms of this Agreement. (c) Any subcontract shall be in writing and shall incorporate this Agreement and require the subCONTRACTOR to assume performance of the CONTRACTOR's duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the 19 CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. (d) The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY CONTRACTORs and professionals. SECTION 27: CONTROLLING LAWS/VENUE /INTERPRETATION. (a) This Agreement is to be governed by the laws of the State of Florida. (b) Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. (c) This Agreement is the result of bona fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Agreement. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. SECTION 28: FORCE MAJEURE. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. SECTION 29: EXTENT OF AGREEMENT /INTERGRATION /AMENDMENT. (a) This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. (b) This Agreement may only be amended, supplemented or modified by a formal written amendment. 20 (c) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. SECTION 30: NOTICES. (a) Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. (b) For the present, the parties designate the following as the representative places for giving of notice, to -wit: For the CITY: Sherman Yehl, City Manager 300 North Park Avenue Sanford, Florida 32771 Telephone Number: 407 - 330 -5602 E -mail address: yehlr(a)ci.sanford.fl.us With a copy to: F. William Smith Purchasing Manager 300 North Park Avenue Sanford, Florida 32771 Telephone Number: 407 - 330 -5613 E -mail address: smithb(aD-ci.sanford.fl.us For the CONTRACTOR: Joann Smith In situform Technologies Inc. 17988 Edison Ave Ches er ie 636- 530 -8000 jsmith @insituform.com (c) Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the CONTRACTOR to comply with the express written notice requirements herein. 21 Computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of the Agreement. SECTION 31: WAIVER. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. SECTION 32: NO GENERAL CITY OBLIGATION. (a) In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. (b) The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. SECTION 33: EXHIBITS. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. SECTION 34: CAPTIONS. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. SECTION 35: SEVERABILITY /CONSTRUCTION. (a) If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. (b) All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 22 SECTION 36: ALTERNATIVE DISPUTE RESOLUTION (ADR). (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. (b) The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. (c) In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. SECTION 37: COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates upper each,s gnature: the CITY throu h its City Commssion taking action on the /. day of 20Q and the CONTRACTOR signing by and through its duly q&thorized cor rate officer having the full and complete authority to execute same. ATTEST. Corporate S MgT5KW Xx Denise Carroll, Contracting and Attesting Officer ATTEST. anet Dougherty, City derk Date: /— CONTRACTORInsituform Technologies, Inc. orporateXbft]4KJoann Smith, and Attesting Officer Date: December 26, 2007 CITY OF SANFORD Linda Kuhn Mayor 23 Contracting For the use and reliance of the City of Sanford only. Approved as to form and legal sufficiency. /s/ William L. Colbert William L. Colbert, City Attorney 24 INSITUFORM TECHNOLOGIES, INC. Assistant Secretary's Certificate The undersigned, being the Assistant Secretary of Insituform Technologies, Inc., a Delaware corporation (the "Corporation "), hereby certifies that: The followin 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 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 and President of the Corporation has, pursuant to the above authority, duly appointed (a) H. Douglas Thomas to the position of Vice President, Special Projects and (b) Joann Smith and Denise L. Carroll as Contracting and Attesting Officers of the Corporation. Each of the Foregoing have been Fully authorized and empowered by the Chief Executive Officer of the Corporation: "(i) to certify and to attest the signature oFany officer of the Corporation, (ii) to enter into and to bind the Corporation to perform pipeline rehabilitation activities of the Corporation and all matters related thereto. includin; the maintenance of one or more offices and facilities of the Gorvoration, f i:ii` to ev °cut° and to deLv-tr documents or 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 W17NESS `WHERECF, I have hereu7= affixed my nan_e as Assistant Secretary, this 15` of January, 2007. L Technoiogles, inc. Suta Tungsiripat Assistant Secretary EXHIBIT "A" SCOPE OF SERVICES The scope of services is described by IFB 07/08 -07. Specific scope for each job will be proviced by the Work Order /Purchase Order which in incorporated into this exhibit by this reference. 25 EXHIBIT "B" COMPENSATION DEFINED BY FOLLOWING BID M ORIGINAL BID FORM PART 1 GENERAL 1.01 Description The following Bid, for the (1) Restoration of Underground Pipe and Manhole Rehabilitation , is hereby made to The City of Sanford, Florida. This Bid is submitted by (2) Insituform Technoloales Inc 17988 Edison Avenue, Chesterfield, MO 63005 (636) 530 -8000 (1) Title and Solicitation number of Bid/Proposal Name of Project as shown in the Invitation (2) Name, address, and telephone number of Bidder 1.02 The Undersigned: A. Acknowledges receipt of: Addenda: Number 1 Dated 10 -30 -2007 Number 2 Dated 11- 19 -2oo7 3_ /I-2/ -2467 B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he /she waives all right to plead any misunderstanding regarding the same. C. Agrees: To hold this Bid open for 60 calendar days after the bid opening date. 2. By signing this document the BIDDER/OFFEROR hereby agrees to be bound by the specifications, terms, conditions, scheduling, pricing and representations as stated and submitted with this bid form. However, it is understood that the City reserves the right to declare any bid or part(s) thereof nonresponsive if exceptions to specifications, terms, conditions, etc. of the solicitation are not acceptable in the opinion of the City to meet the requirements of said solicitation. 3. To enter into and execute a contract with the Owner, if awarded on the basis of this Bid, and to fumish a Performance Bond and a Labor and Material Payment Bond and specified insurance certificates of coverage in accordance with the Instructions to Bidders. 4. To accomplish the work in accordance with the Contract Documents and /or purchase order. 1.03 Bid Pricing The bid amounts specified herein are for fixed price wont, wmcn incwaes an prncCS wT wyuIFII IWO IL, labor, and material required to perform the work specified in this Invitation for Bid nit Item Quanti Unit Description rice Notes No. Der Linear ROUP I: Mainline Replacement by Pipe Bursting TATIC, PNEUMATIC, AND HYDRAUL PIPE BURSTING ETHOD IC 1 Per ft. " to 4" VC, AC, Concrete or to 6" PVC pipe (0'- 4' Deep) $ 2 Per ft. " to 4" VC, AC, Concrete or to 8" PVC pipe (0'- 8' Deep) " to 8" VC, AC, Concrete or to 8" PVC pipe. (0'- 4' De ) $ 3 Per ft. 4 Per ft. " to 8" VC, Concrete or to 8" PVC pipe. (4'- 8' ep) $ 5 Per ft. " to 8" VC, Concrete or to VC pipe (0'- Deep) $ " to 8" VC, Concre or D ct to 8" P pipe $ 6 Per ft. 4' -8' Deep) 7 Per ft. " VC, Concrete or ctile to 8' C (0'- 4' Deep $ " VC, Concrete or Ductile t 8" S R 1 HDPE pipe $ g Per ft. VC (4' - 8' Deep) " VC, Concrete or il to DR 35 Fusible PVC g Per ft. pipe (0'- 4' Deep) $ 8" VC, Concret 96r Ductile to " ID SDR 35 Fusible PVC 10 Per ft. pipe (4'-8' D ) $ " to 10" C. Concrete or Ductile to 10" ID SDR 19 HDPE 11 Per ft. ipe (0' 4' Deep) $ " 10" VC. Concrete or Ductile to 10" ID SDR 19 HDPE 12 Per ft. .3e (4' -8' Deep) $ " to 10" VC. Concrete or Ductile to 10" ID SDR 35 $ 13 Pe • usible PVC (0' -4' Deep) " to 10" VC. Concrete or Ductile to 10" ID SDR 35 14 Per ft. Fusible PVC (4'- 8' Deep) $ nit Item No. Quantity Unit Description Price Not Per Linear 10" VC. Concrete or Ductile to 10" ID SDR 19 HDPE pipe 16 Per ft 4' -8' Deep) $ 10" VC. Concrete or Ductile to 10" ID SDR 35 Fusible 17 Per ft. PVC pipe (0' -4') Deep $ 10" VC. Concrete or Ductile t 1 SDR 35 sible 18 Per ft. VC pipe (4' -8') Deep $ Replacing Service Lat4 ra d a ' g the Connection to the Main Sewer Lin Replacing 4" lateral with S PE ipe and 19 Per ft. connecting to HDPE th " E ec - ion Saddle $ 0' -4' Deep) Replacing 6" eral with SD HDPE pipe, and 20 Per ft. onnec ' HDPE main wi 6" Elector - fusion Saddle $ 4' -8' eep) lacing 4" lateral with SDR 35 PVC pipe, and connecting 21 Pe . o PVC main with 4" Inserta Tee fitting. (0' -4' Deep) $ Replacing 6" lateral with SDR 35 PVC pipe, and connecting 22 Per ft. o PVC main with 6" Inserta Tee fitting. (4' -8' Deep) $ GROUP II: THE PURCHASE AND INSTALLATION OF RICIP - PIPE LINING in. pipe, for job sizes from 1 ft. to 1,000 ft. (4.5 mm nom. ao 23 Per ft. thick) $ -~" �O in. pipe, for job sizes from 1001 ft. or more. (4.5 mm nom. 24 Per ft. thi ck) $D eep in. pipe, for job sizes from 1 ft. to 1,000 ft. (4.5 mm nom. 25 Per ft. hick) $ in. pipe, for job sizes from 1001 ft. or more. (4.5 mm nom. 26 Per ft. ck $ I n. pipe, for job sizes from 1 ft. to 1,000 ft. (6.0 mm nom. 27 Per ft. -ck) $ 3 vo in. pipe, for job sizes from 1,001 ft. or more. (6.0 mm 28 Per ft. n om. thick) $ 3 � nit Item No. Q uantity Unit Description rice or Linear Notes Per ft. 10 in. pipe, for job sizes from 1 ft. to 1,000 ft. (7.5 mm nom. $37 29 thick) 10 in. pipe, for job sizes from 1,001 ft. or more. (7.5 mm 30 Per ft. n om. thick) $ 3� Per ft. 12 in. pipe, for job sizes from 1 ft. to 1,000 ft. (7.5 mm nom. Oa $ �d 31 thick) 12 in. pipe, for job sizes from 1,001 ft. or more. (7.5 mm 32 Per ft. n om. thick) $ Per ft. 18 in. pipe, for job sizes from 1 ft. to 1,000 ft. (9.0 mm nom. S°° $ 6p 33 ck) 18 in. pipe, for job sizes from 1,001 ft. or more. (9.0 mm 34 Per ft. n om. thick) $ t0� B lank 35 - 4 in. pipe, for job sizes from 1 ft. to 1,000 ft. (10.5 mm o� $ 36 Per ft. n om. thick) Mc G ROUP III: THE PURCHASE AND STALLATION PREFABRICATED MANHOLE OF FIB ERGLASS LINERS F iberglass Liner installation for, 42, in. manhole, per 37 EA v ertical foot of installation. $ F iberglass Liner installation for, 48, in. manhole, per 38 EA v ertical foot of installation. F iberglass Liner install 'on r, manhole 39 EA vertical foot installation. $ B lank 1 il $ 40 - - EA F iberglass Liner inst o for 60, le, per $ 41 ertical foot of ' la n. G ROUP HE PUR S INSTALLATION F — POINT REP point repair 5 feet lonJT1 standard leg or sleeve) for 42 12 -in. size $ CIP point repair 5 feet long (1 standard leg or sleeve) for EA 15 -in. $ nit Item Quantity nit Description rice Notes No. "or Linear t 44 EA RICIP point repair 5 feet long (1 standard leg or sleeve) for 18 -in. size 45 EA RICIP point repair 5 feet long (I standard leg or sleeve)for 4 -in. size 46 Blank 47 LF Pricing for each additional foot of RICIP point repair in e xcess of 5 feet long (1 standard leg or sleeve) for 12 ' s ize. 48 LF Pricing for each additional foot of RICIP point r it for xcess of 5 feet lon 49 LF Pricing for each addition f RI IP p ' t repair for e xcess of 5 feet long. 50 LF Pricing for each additio f of point repair for xcess of 5 feet long. G ROUP V: THE PURC AND INSTALLATION F POLYVINYL CHO EI ; -gIPV L LINES 51 Per ft. 0 in. pipe for job size to 1 $ 52 Per ft. 8 in. pipe for job 1zes from 1 1 ' 0 ' . or more 53 Per ft. 10 in. pipe, r job sizes from 1 ft. to 1,000 54 Per ft. 10 in. a for job sizes from 1,000 ft. or more 55 Per ft. 1 m. pipe, for job sizes from 1 ft. to 1,000 56 P er 12 in. pipe, for job sizes from 1,000 ft. or more GROUP VI: PRESSURE SMOKE TESTING 57 Blank X 81 - lank NOTE 1: ANY AWARD(S) RESULTING FROM THE ABOVE A Kt CONTINGENT UPON SELECTED BIDDER(S) PROVIDING WITHIN 15 DAYS, ALL LOCAL, STATE AND FEDERAL LICENSES, APPROVALS, PERMITS, AUTHORIZATIONS AND CERTIFICATIONS WHICH ARE APPLICABLE FOR ALL SERVICES TO BE RENDERED DURING THE LIFE OF THE AGREEMENT. NOTE 2: ALL ITEMS QUOTED MUST BE INCOMPLIANCE WITH THE SPECIFICATIONS. IF YOU ARE TAKING EXCEPTIONS, INDICATE THOSE EXCEPTIONS ON COMPANY LETTERHEAD AND ATTACH TO THIS INVITATION TO BID. IT IS NOTED THAT THE CITY MAY REJECT EXCEPTIONS AND DECLARE SUCH A BID NONRESPONSIVE. NOTE 3: THE ESTIMATED QUANTITIES PROVIDED IN THIS INVITATION TO BID ARE GIVEN ONLY AS A GUIDELINE FOR PREPARING THE BID AND SHOULD NOT BE CONSTRUED AS REPRESENTING ACTUAL QUANTITIES TO BE PURCHASED. nit Item Q uantity Unit Description rice N s No. er Linear t 59 Per ft. " Lines (not more than 1,000 ft. per set up) Price inclu 1 plugging up stream and down stream $ 60 Per ft. 10" Lines (not more �se) rice includes U O U per 1 plugging up stream o $ 61 Per ft. 12" Lines (not more 1 ft ePet ) Price includes 1 plugging up am an wn tre $ 62 Per ft. mes (not more than , 00 ft per set up) Price includes 215" plugging up stream and down stream $ 63 Per ft. 18" Lines (not more than 1,000 ft. per set up) Price includes I plugging up stream and down stream $ NOTE 1: ANY AWARD(S) RESULTING FROM THE ABOVE A Kt CONTINGENT UPON SELECTED BIDDER(S) PROVIDING WITHIN 15 DAYS, ALL LOCAL, STATE AND FEDERAL LICENSES, APPROVALS, PERMITS, AUTHORIZATIONS AND CERTIFICATIONS WHICH ARE APPLICABLE FOR ALL SERVICES TO BE RENDERED DURING THE LIFE OF THE AGREEMENT. NOTE 2: ALL ITEMS QUOTED MUST BE INCOMPLIANCE WITH THE SPECIFICATIONS. IF YOU ARE TAKING EXCEPTIONS, INDICATE THOSE EXCEPTIONS ON COMPANY LETTERHEAD AND ATTACH TO THIS INVITATION TO BID. IT IS NOTED THAT THE CITY MAY REJECT EXCEPTIONS AND DECLARE SUCH A BID NONRESPONSIVE. NOTE 3: THE ESTIMATED QUANTITIES PROVIDED IN THIS INVITATION TO BID ARE GIVEN ONLY AS A GUIDELINE FOR PREPARING THE BID AND SHOULD NOT BE CONSTRUED AS REPRESENTING ACTUAL QUANTITIES TO BE PURCHASED. 1.04 Miscellaneous Requirements and Affirmations Bids shall be on the Bid Form. 1.05 SUBMITTED, signed and sealed this 28 day of November 2007 Insituform Technologies, Inc. Bidder / ror ,� November 28, 2007 By (Signature) Date H. Douglas Thomas, VP Special Projects Printed Name and Title 17988 Edison Avenue Business Address Chesterfield, MO 63005 (CORPORATE SEAL) City State Zip Code (636) 530 -80 (636) 530 -8701 Telephone No. Facsimile No. MARK THE EXTERIOR OF ENVELOPE CONTAINING YOUR BID RESPONSE: YOUR COMPANY NAME & ADDRESS AS THE RETURN ADDRESS ADDRESS OR DELIVER TO: William Smith, Purchasing Agent City of Sanford P.O. Box 1788 (300 N. Park Avenue, Room 236) Sanford, FL 32772 In lower left corner of envelope containing sealed bid, provide the following: IFB 07/08 -07 RESTORATION OF UNDERGROUND PIPE AND TO PROVIDE MANHOLE REHABILITATION Opening Date and Time: Nov ember 28, 2007 at 2:00 p.m. This from along with the other required forms must be completed and returned with bid fNSII'L NI I EC'14NOLO(Afs. 1%,( AjOunt Sycletary'y Cerlingare u--i: A:-�, ,zart �-cv!MQ : j lnlinn= Tnin won here nqys - 7a:� The Anx%ky; , i 'rl-o P, chi,f&ceuuti:e 01fleer Ippocralnentc, T' .:nnnr iW -Zwrs or onerxing 2: . 4wo. anc - u& wn=OW; i4 a 7anAW "Knr Zvi wn o�:rvw Bam! a N FhA'Knw� i � Y"r 7w� :1 Disputes Disclosure Form Answer the following questions by answering "YES" or "NO ". If you answer "YES ", please explain in the space provided, please add a page(s) if additional space is needed. 1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5) years? No 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? No 3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? If yes, the explanation must state the nature of the request for equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or status of suit and the monetary amounts or extended contract time involved. See Attachment 03 I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of the project identified. lnsituform Technologies, Inc. Firm /I / _ 1 Authorized Date H. Douglas Thomas, VP Special Projects Printed or Typed Name and Title FORM NO. DSPT 12.204 Res toration of Underaround Pipe and to Provide Manhole Rehabilitation IFB 0 7 10 8-07 THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID Attachment #E3 Insit fom lW'rhnol(Vies, liic 702 Spirit 40 Park Dr. Worldwide Pipeline Chesterfield, MO 63005 RehobilikNion www_insituform.com David Morris Vice President & General Counsd Phone: 636.530.8000 Fax: 636.530.8701 dmaris®insitufonn.00m TO: Whom It May Concern FROM: David Morris DATE: May 12, 2005 Insituform Technologies, Inc. ( "ITT') is a $500+ million revenue, international, publicly traded (Nasdaq - listed) company. Reg,xAstoKy Matters M's activities are regulated by several federal, state and local agencies to various degrees, such as the SEC, NASDAQ, OSHA, DOT and state contractor licensing boards. Because of the size of M's activities, one or more regulatory agencies may, be auditing or investigating aspects of ITI's business at any given time, including OSHA and DOT. M is not engaged in any pending state contractor licensing investigations or controversies. Liabilities Liens and Judgments M's liabilities are disclosed in its financial statements as required by GAAP and SEC regulations. ITI may occasionally have valid bills paid later than normal credit terms and improper bills that are protested. There are no outstanding, unsatisfied liens (which are not being protested) or judgments against ITI. Lawsuits At any given time, in the ordinary course of business, ITI is involved in various civil claims and suits relating to vehicle accidents, other property damage or person injury matters, commercial disputes (including subcontractor disputes and customer payment disputes), employee litigation and other matters. ITI is required to report material litigation in its SEC filings. Drug -Free Work Place The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named below does: 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 about 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 proposed 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 contractual services that are under bid, the employee will 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 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. Signature H. Douglas Thomas, VP Special Projects Date Printed or Typed Name and Title FORM NO. DFWP 14.204 Restoration of Underground Pipe and to Provide Manhole Rehabilitation. IFB 07/08 -07 THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID Section 1.01 Florida Statutes On Public Entity Crimes THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to The City of Sanford by H. Douglas Thomas, VP Special Projects On behalf of Ins Ituform Technologies, Inc. whose business address is: 17988 Edison Avenue, Chesterfield, MO 63005 and (if applicable) its Federal Employer Identification Number (FEIN) is 13- 3032158 (If the entity has no FEIN, include the Social Security Number of the individual signing this statement: N/A ). 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1 xg), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand the "convicted" or "conviction" as defined in Paragraph 287.133(1 xb), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilt or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONT N THIS FORM. H. Douglas Thomas (signature) VP Special Protects November 28, 2007 Missouri State of FbAft County of St. Louis (date) On this 28 day of November , 2007 , before me, the undersigned Notary Public of the State of 1KO , personally appeared M issouri H Doualas Thomas and N/A (Name(s) of individuals who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he/she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF 1DA NOTARY PUBLIC \ / ', I / I Missouri SEAL OF OFFICE: odG (Name of Notary Public: Print, Stamp, or Type as Commissioned.) DEBRA K JASPER ry PUMIC -Notary SNI $fate of Missoud St. Charles County My Col Com misssi� 06969544 X10 x Personally known to me, or Produced identification: (Type of Identfication Produced) DID take an oath, or DID NOT take an oath. FORM NO. PEC 15.204 Restoration o f Underground Pipe and to Provide Manhole Rehabilitatio IFB 07/08 -07 THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID Certification of Non - Segregated Facilities By affixing his signature to this form, the Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation and housing facilities provided for employees which are segregated by explicit directive, or are in fact segregated on the basis of race, color, religious disability or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date: November 28 2007 By: _ H Douglas Thomas VP Special Project Print Name Title Official Address: Insituform Technologies, Inc. 17988 Edison Avenue Chesterfield, MO 63005 FORM NO. SFAC 16.204 Restora of Underaround PIDe and to Provide Manhole Rehabilitation IFB 0 7/08 -07 THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID Insurance And Bonding Requirements Which Must Be Met 1. The CONTRACTOR bidder shall be required to provide, to the Purchasing Agent, prior to signing a contract for or commencing any work, a Certificate of Insurance which verifies coverage in compliance with the requirements outlined below. Compliance of said certificate must be acknowledged by the Purchasing Agent prior to start of work. Any work initiated without completion of this requirement shall be unauthorized and the City of Sanford will not be responsible. 2. The City of Sanford reserves the right to require coverage and limits as considered to be in its best interests. Insurance requirements shall be on a case by case basis determined by the project, conditions and exposure. 3. Except for Professional Liability Policies, when required, all policies are to be endorsed to include the City of Sanford as Additional Insured. In the cancellation clause the number "30" shall be inserted into the blank space provided prior to the words "days prior notice... ". All contractor policies are to be considered primary to City coverage and shall not contain co- insurance provisions. 4. In the event that the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. 5. Subcontractors retained by the Prime Contractor are the responsibility of said Prime Contractor in all respects i n— —nl liremnnfe& II IJY . COVERAGE REQUIRED MINIMUM POLICY LIMITS Workers' Compensation Statutory Commercial General Liability including Contractual Liability, Products and $ 1,000,000 per occurance Completed Operations, XCU and Owners and Contractors Protective $2,000,000 aggregate Comprehensive Auto Liability, CSL, shall include any auto" $ 1,000,000 71 (NOTE: All limits are per occurrence and must include Bodily Injury and Property Damage. All policies must be written on occurrence form and not on claims made form.) (All deductibles and self insured retentions must be approved by the City of Sanford.) (All insurers must have an A.M. Best rating of at least A: VII.) 7. Bonding Requirements will be outlined at the prebid conference.: 8. It is noted that failure to provide of an certificate of insurance in compliance with the above within FOUR 4) days of notification of award and to continue the coverage without a break. At the discretion of the City of Sanford a bidder /contractor may be placed in default status if required insurance coverage or bonding is not maintained without a break in coverage. 9. 1 hereby certify that if the contractor on whose behalf this information is submitted is awarded a contract for any portion of the work contemplated, the insurance and bonding requirements outlined above shall be met as required. In sItuform Technolo les Inc. November 28, 2007 Fi Date VP Special Projects H. Douglas Thoma u orized I ature Title FORM NO. INS 17.204 Restoration of Underground Pipe and to Provide Manhole Rehabilitation. IFB 07/08 -07 THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID Conflict of Interest Statement 1. H . Douglas Thomas of Insituform Technologies, Inc. deposes and states that Name of Affiant Name of Company 2. The above named entity is submitting an Expression of Interest for the City of Sanford project identified below. 3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 4. The Affiant states that only one submittal for the above project is being submitted and that the above named entity has no financial interest in other entities submitting proposals for the same project. 5. Neither the Affiant nor the. above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 6. Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 7. Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 8. 1 certify that no member of the entity's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 9. 1 certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 10. In the event that a conflict of interest is identified in the provision of services, 1, on behalf of the above named entity, will immediately notify t� of Sanford in writing. �. Signature of Affiant November 28, 2007 Date H Douglas Thomas VP Special Projects Typed or Printed Name of Affiant State o " County of St. Lou Is Title On this 28 day of November , 20R L, before me, the undersigned Notary Public of the State of s�I personally appeared H. Douglas Thomas and N/A (Name(s) of individuals who appeared before notary) whose name(s) istare Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF RIKI PMM7l NOTARY PUBLIC Dom[,, Missouri SEAL OF OFFICE: I 1'� a- (Name of Notary Public: Print, Stam as Commissioned.) DEBRA K JASPER Notary Public - Notary Seal State of Missoutt St. Charles County My Commission Expires Nov 16, 2010 Commission # 06969544 X Personally known to me, or _ Produced identification: (Type of Identification Produced) X DID take an oath, or DID NOT take an oath. FORM NO. CFI 18.204 Restoration of Underoround Pipe and to Provide Manhole Rehabilitation, IFB 07/08 -07 THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. Offeroes Qualification Statement CHECK ONE SUBMITTED BY : )_Corporation NAME: Insituform Technolooies Inc. _Partnership ADDRESS: 17988 Edison Avenue Chesterfield. MO 63005 _Individual PRINCIPAL OFFICE: 17988 Edison Avenue Chesterfield MO 63005 _Other 1. State the true, exact, correct and complete name of the company, partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: Insituform Technologies, Inc. The address of the principal place of business is: 17988 Edison Avenue Chesterfield, MO 63005 2. If Offeror is a corporation, answer the following: Date of Incorporation: March 27, 1980 State of Incorporation: Delaware C. President's Name: spa Attached L i s± of Of f i_cars d. Vice President's Name: See Attached of officers e. Secretary's Name: S ee A:aAr -horl of Officers Treasurer's Name: c m A ++nrhoa M off Irer,; g. Name and address of Resident Agent: C T Corporation 'System 1200 South Pine Island Road, Plantation, FL 33324 3. If Offeror is an individual or a partnership, answer the following: a. Date of Organization: N/A b. Name, Address and Ownership Units of all Partners: N/A C. State whether general or limited partnership: N/A 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: N/A 11 tufarm Technologies, Inc. INs1TUFORM TECHNOLOGIES, INC. OFFICERS AND DIRECTORS CURRENT AS OF NOVEMBER 1, 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 F. Morris Senior Vice President, General Counsel, Chief Administrative Officer and Secre David A. Martin Vice President and Chief Financial Officer Alexander Buehler Vice President - Marketing and Technolo Daniel E. Cowan Vice President - Strategic Business Initiatives Andrew P. Hay Vice President and Treasurer Tod O'Donoghue Assistant Secre Elizabeth A. Kovaly Assistant Secre Business Address for Officers and Directors: 17988 Edison Avenue Chesterfield, MO 63005 5. If Offeror is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A 6. How many years has your organization been in business under its present business name? 27 a. Under what other former names has your organization operated? Insituform North America, Inc. 7. Indicate registration, license number or certificate numbers for the businesses or professions which are. the subject of the Proposal/Bid. Please attach certificate of competency and /or state registration. Qontractors License QBo011131/CGC061125 8. Have you ever failed to complete any work awarded to you? If so, state when, where and why. NO 9. State the names, telephone numbers, fax number and email addresses and last known addresses of three (4) government entities and the representative(s) of the entities with the most knowledge of work which you have performed or goods you have provided, and to which you refer (government owners are preferred as references). It is noted that the experience claimed here must be associated with the entity named above. Additional or other relevant experience may be included on a separate sheet provided by the offeror. The City of Sanford reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the offer and the Offeror being considered for an award. See Attached Statement of Experience (Attachment #9) (name) (address) (email) (fax) (phone number) (name) (address) (email) (fax) (phone number) (name) (address) (email) (fax) (phone number) (name) (address) (email) (fax) (phone number) • Non government entities may be substituted if necessary. 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). See Attached Personnel Corporate Resume (Attachment 010) 11. State the name of the individual who will have personal supervision of the work: Kendall Welsh 12. State the names and addresses of all businesses and/or Individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: Publicly Held Attachment # v /nsituform Worldwide Pipeline 702 Spirit 40 Park Drive Rehabilitation Chesterfield, MO 63005 Tel: (636) 530 -8000 Fax: (636) 519 -8010 www.insitutorm.com STATEMENT OF EXPERIENCE 1. City of Naples 735 Eighth Street Naples, Florida 34102 Contact: Janet Murphy (239) 213 -7100 2. City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, Florida 33301 Contact: Peter Partington (954) 828 -5087 3. City of Tampa 2515 Guy N. Verger Blvd. Tampa, Florida 33605 Contact: Vince Gallager (813) 242 -5300 4. City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, Florida 33435 Contact: Tony Lombardi (561) 375 -6321 5. City of Cocoa Beach 1600 West Minutemen Causeway Cocoa Beach, Florida 32931 Contact: Jack Shelton (321) 868 -3308 * See Attached Florida Footage Report for additional information Attachment #10 /nsftu&rm Worldwide Pipeline 17988 Edison Avenue. Tel: (636) 530 -8000 Techrw Inc Rehabilitation Chesterfield, MO 63005 -3700 Fax: (636) 519 -8010 www.insituform.com Insituform Personnel Corporate Resume Tom Vossman - ,Senior Vice President and COO, brings more than 20 years of professional experience to Insituform (ITI). For the last 10 years, he has been involved in operations, sales and general management. Tom spent the last year working in the contracting industry providing turnaround consulting to contractors and working in business development for Venvest, Inc. Before that, Tom held the position of Senior Vice President for ARS, managing 19 contracting operations across the United States with revenues in excess of $200 million. Previously, Tom was Regional President for Encompass Service Corporation based in Houston, Texas, leading a $170 million region with over 1,100 employees across nine states in the southern United States. Tom also spent 10 years with the United States Army Corps of Engineers (USACE). He offers broad contracting experience, including residential, commercial, service and national accounts. David F. Morris — Senior Vice President, CAO and Secretary, David has been with Insituform since serving as interim General Counsel in June of 2004. He joined Insituform officially in January of 2005. He has over 13 years of legal experience. David's law practice has been concentrated in corporate law, including mergers and acquisitions, securities law, contract matters and banking issues. He has advised boards of directors, CEOs and CFOs on numerous topics, including compliance with the Sarbanes -Oxley Act. David was with Thompson Coburn LLC from 1993 until June of 2004 and also served as Senior Vice President, Associate General Counsel and Secretary for Unified Financial Services, Inc. headquartered in Lexington, Kentucky from December 1999 to February 2004. He is a member of the Missouri Bar, the Illinois Bar, and the American Bar Association. H. Douglas Thomas — Vice President Special Projects, has over 40 years in the construction industry. He has been with Insituform for over 17 of those years. He has served in many capacities within the company from General Manager to Vice President. Doug manages the day - today operations of the Corporation Procurement and Estimating for all of North America. In addition, he reviews and provides input to selected international tenders. Prior to working at Insituform, Doug was President and CEO of CFW Construction Co., Inc. in Tennessee — a company that was involved with many types of municipal construction including underground power lines and telecommunications, gas lines, water and sewer lines, and tunnels. Doug was Vice President of Harrison Wright Co., Inc. in North Carolina — a company that also dealt with construction in underground lines as well as electrical substations and industrial plant electrification. He is the contractors license holder and qualifying party for eight (8) states in the U.S. for Insituform. 1fw___ Kendall Welsh Project Manager Education 11 Years work experience with Insituform Technologie, Inc. Undergraduate Studies — Southwest Texas State University (BST — Industrial Technology) Experience Mr. Welsh controls and directs field crews that are specifically trained in all aspects of sewer evaluation and rehabilitation work. He is directly responsible for the daily execution of the - fieldwork as well as the collection of all field- related data. Mr. Welsh is responsible for scheduling projects, evaluating time and personnel to complete a project; he is responsible for all management related items to complete a project. Mr. Welsh's areas of expertise include Cured in Place Pipe, Pipe Bursting, Micro Tunneling, Slip Lining, Open Cut construction, trenchless lateral replacement, large diameter rehabilitation, and general construction management projects. During his 11 years with Insituform Technologies, Inc, Mr. Welsh has been involved with over 350,000 feet of cured in place pipe, over 700,000 feet of pipebursting, over 38,000 feet of microtunneling, over 50,000 of open cut, and has been involved with over 8,000 lateral replacements. Mr. Welsh has several years of hands on experience with all aspects of evaluation and rehabilitation operations. Mr. Welsh has also been involved in a significant amount of sewer reconstruction work. Mr. Welsh's direct responsibilities include all Project Management and administration in Northern Florida. Training JEA — Safety Leadership Development NCCER National Registry — JEA Construction Site Safety Orientation Confined Space Entry Trenching and Shoring in compliance with 29 CFR Part 1926.650 OSHA 10 HR American Safety & Health Institute — CPR American Safety & Health Institute — First Aid AGC Construction Management Insitufnrm Technologies, Inc. CORPORATE BACKGROUND Insituform Technologies, Inc. (ITI) is a diversified, international corporation specializing in trenchless inspection and reconstruction of municipal and industrial pipelines of all types - sewer, storm drain, water, gas, oil, chemical process, slurry and nuclear power pipelines. Application sizes range from under one inch to over 100 inches in diameter. Based on size, experience, technology, capability, and resources, ITI is the worldwide leader in full- spectrum piping reconstruction contracting. Insituform's expertise is based on almost 30 years of experience spent in the inspection and reconstruction of more than 36 million feet of pipe. Currently, ITI offers a full spectrum of trenchless rehabilitation products including Insituform, Paltem, Titeliner, and Pressure Pipe Liner. Insituform also offers evaluation services that include closed circuit television inspection (CCTV), flow monitoring, smoke testing, dye tracing, pipe cleaning and pigging, sonic pipe wall thickness testing, void detection, piping system analysis, pipe reconstruction design, cost analysis, and long -term database maintenance programs. The corporate history that encompasses today's worldwide Insituform Technologies, Inc. organization derives from a host of resources, people, technology, and experience merged from former licensees and affiliates of the original Insituform pipe reconstruction process. ITI offers industrial facilities and municipal agencies a "total system solution" to subsurface problem identification and correction, from inspection, evaluation, and trenchless restoration to computer -based preventative maintenance programs. ITI is a leader in quality management, becoming, in 1995, the first specialty piping corporation to receive ISO 9001 quality manufacturing certification and ISO 9002 quality installation certification. Insituform Technologies is the largest trenchless technology company in the world, with annual revenues exceeding $300 million in 1999. ITI stock is publicly traded on the NASDAQ exchange under the symbol "INSUA ". PERSONNEL Insituform Technologies, Inc.'s worldwide organization consists of over 1300 direct employees and an additional 750 in affiliate companies. Every specialty and function associated with an international, technology- driven business is incorporated. Outside of manufacturing operations, the predominance of ITI personnel are engaged in project crew duties for pipeline cleaning, inspection and reconstruction. ITI maintains and staffs an extensive Research and Development facility engaged in new product and technical installation development. Experts are available to assist operations units in developing specialized solutions to particular client needs for underground piping system analysis and reconstruction. ITI maintains a centralized design team at the world headquarters in St. Louis, Missouri with responsibility for ensuring that service conditions are met by products in each application. When necessary, special industrial design considerations and constraints such as corrosion, abrasion, unusual loading, pressure, temperature, etc. are fully included in specific application designs. ITI has assigned technical market managers to specific segments who have intimate knowledge of process and facility operations and are able to provide advice and field technical assistance in special applications as may be required to meet critical or unusual client needs. By nature, field applications of pipeline service, assessment and reconstruction activities are highly regionalized. In the United States, ITI meets the needs of local municipal, industrial, and military clients for responsive service by deploying personnel at strategic locations to minimize the cost and burden to clients of extensive mobilization. As an example, the west coast is serviced from major resources centers (personnel and equipment) in Phoenix, Los Angeles, Benicia, Brooks, and Honolulu. As an integrated company, sharing of expert personnel and specialized equipment between locations in response to client and project needs is part of normal operations. QUALITY ASSURANCE A strategy goal of Insituform Technologies is operational excellence. This goal of quality assurance is being achieved on two fronts. Best Practices Program First, ITI has completed its long -term goal of merging all licensees throughout the United States and solidifying relationships with worldwide subsidiaries and affiliates. Achieving uniform high standards of quality across all operating units is essential to ensure long -term service to client needs. In doing so, ITI has developed comprehensive bench - marking studies to identify the "Best Practices" of the most efficient and best quality manufacturing and installation procedures for each product line, and can therefore share these best practices with ITI's regional offices, subsidiaries, and licensees throughout the world. ITI believes t best practices program, coupled with ISO 001 product and and installation under a ISO 9002 Quality Management P Programs. ISO 9001 Quality Assurance Prog ITI's second long -term goal is to maintain ISO 9001 quality certification for its manufacturing facilities. This certification process was completed in 1995. ISO certification is not only consistent with the goal of achieving operational excellence for the municipal market, it is an essential requirement for the industrial market, where ISO 9001 certification has become an increasingly greater requirement for acceptance as a qualified supplier. ISO 9002 Certification Program In 1994 ITI's Pacific Region actively began its journey toward ISO 9002 certification by devoting resources and committing the organization to meeting all requirements of the ISO 9002 standard. A quality program that documents and traces all aspects of the installation process and administration required, ISO 9002 certification ensures consistency and excellence of performance while providing first rate documentation of all relevant issues and problems, as evidenced by the quality assurance inspection program described below. Since completing its ISO 9002 certification, Pacific Region has served several clients for whom this qualification is absolutely essential. Quali Assurance Inspection Program and Training: A pilot program for the detection and recording of internal non - conformance was established. Pe were selected and trained for conducting internal auditing, probably the most important aspect of ISO because it provides ongoing self - evaluation of the effectiveness of the quality system. Every member of the organization is familiar with, and fully committed to the company's "Quality Policy" and non - conformance identification program. Internal Audit Findings Predetermined will have ha elements of the quality reviewed at least ast once. Findings are re at ported year's end every ISO 9000 requirement the manager responsible for the appropriate department for resolution. Management Review and Client Review At least twice a year, managers meet to review and assess the quality system as a whole. Quality objectives are evaluated and amended or increased as appropriate. Resource needs are identified and action plans formulated. Once a project is completed, the client receives a Customer Survey form. This comprehensive form is ITI's report card which identified project success, as well as areas where improvement is suggested. PA INSITUFORM The rehabilitation processes offered by Insituform were developed to provide a means of reconstructing existing pipe, conduit or passageways without extensive excavation. Some typical applications include: 1. Halting settlement by stopping the infiltration of soil and bedding material which often accompanies groundwater infiltration and can cause soil voids and shifting ground in gravity pipelines. 2. Eliminating infiltration of groundwater through joints, breaks and missing sections of gravity pipeline. 3. Increasing the capacity of existing pipelines by smoothing the interior surface and providing smooth transitions over joints and protrusions. 4. Reducing maintenance and increasing capacity by reducing deposits and eliminating root intrusions into gravity pipelines. 5. Protecting the pipe from attack by corrosive chemical effluent and vapors. 6. Eliminating the exfiltration of pollutants and chemicals into surrounding groundwater aquifers through joints and cracks in pipelines. 7. Strengthening the existing pipe by the installation of a tight fitting Insitupipe or NuPipe within the old, thereby bridging joints, cracks and disconnected pipes into a single continuous conduit. Briefly, here are just a few of the benefits realized from the reconstruction of pipelines using the Insituform or NuPipe process: Virtually eliminates excavation problems - Depending on the type of pipe or passageway to be reconstructed (sewers, drains, or conduits), excavation can virtually be eliminated. Existing access (sewer manholes) is usually sufficient. Side connections can generally be 'reinstated' by cutting out from within. Bends can be negotiated. Restores full size capacity, reduces maintenance - These tight -fitting pipes are continuous over pipe joints, openings and faults, and the capacity is nearly always increased. The smoothness also reduces deposits because there are no places for deposits to form, thereby reducing maintenance. Builds corrosion- resistant pipe resists chemical attack - In the case of the Insituform process, various thermosetting resins can be selected to resist the corrosive effects of the effluent. Builds a continuous pipe - (a new pipe within the old) - Insitupipe or NuPipe bridges breaks and missing sections of pipe eliminating infiltration, exfiltration or loss of product in pressure pipes. Insituform fits tightly and bridges disconnected pipes into a single continuous pipe. Reconstructs unusually shaped pipes without loss of capa - Elliptical, egg shaped, flat bottom horseshoe or rectangular conduits can. be reinstated to their existing shape by the tight fitting Insituform process. Accomplishes these things in sizes from 4- inches to 8 -feet in diameter - Insitupipes have been constructed in these sizes and may be applicable to those beyond. NuPipe is valid only for 4" to 12" diameter pipelines. Solves difficult jobs - In addition to negotiating bends, it is possible to reconstruct with the Insituform process remote sections inaccessible to wheeled vehicles (e.g. inside buildings). In addition to being installed without excavation, Insitupipes have been installed where access to only one end is feasible (vertical wells). Also, it is possible to reconstruct pipelines with reducers or only a portion of a pipeline. Solves stringent time restraints - Preparation time is reduced by eliminating street openings and risk of damage to other utilities. Insituform or NuPipe can generally be installed and completed in less on-the-job time than any other method. Offers more convenience to commerce and p ublic - Little inconvenience is caused to the public, commercial business or existing utility operations because excavations are generally eliminated. Little work space is needed for installation. This alone means less restrictions on access to property and shops and greater assurance of safety. Lon evi - For normal applications, such as gravity sewers, the service life of Insitupipe and NuPipe can be expected to approach fifty years. Service life of Insitupipe and NuPipe is a function of the temperature, pressure, velocity, and chemical and abrasive properties of the materials being carried. Custom - Engineered - Insitutubes are custom - engineered to optimize total life performance using time - proven formulas. These take into account requirements for diameter, length, condition of pipe, flow rates, temperature, pressure and corrosiveness of the materials being carried. INSITUFORM, STANDARD INSTALLATION PROCESS The standard Insituform process has been used throughout the world for the rehabilitation of over 30 million feet of pipe ranging in size from 4" to 108 ". The process uses a resin - impregnated, flexible felt tube which is installed into and through an existing pipe using water pressure (typically water hydrant). While the liner is held tightly against the host pipe, the water is circulated through a heat exchanger to cure the thermostat resin. The flexible resin tube can accommodate various pipe shapes — round, square, rectangular, oval or arched. The Insitutube can negotiate bends, elbows, missing sections, offset joints, misalignment and steep slopes. Standard applications include process and sanitary sewer, storm drains, process lines, slurry lines, force mains and siphons. Resin systems used include polyester, vinylester and epoxy, designed to meet service requirements. Installation lengths typically range from 250 feet to over 2,500 feet, depending on pipe size and condition. Service laterals are re- opened internally using robotic cutters. 4 13. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Offeror: See Attachment #13 14. State the name of the Surety Company which will be providing the bond, and name and address of agent: Travelers Casualty 3 Surety Company of America - One Tower Square, Hartford, CT 06183 Agent: J.W. Terrill, 16091 Swingley Rid Road, Chesterfield, MO 63017 15. Bank References: Bank of America, NA 9000 Southside Blvd., Building 200, Jacksonville, FL32256 (888)841 -8159 x21072 (bank) (address) (bank) (address) (bank) (address) ALTHOUGH THE INFORMATION INDICATED IN ITEM 16 IS NOT REQUESTED AT THIS TIME, THE CITY RESERVES THE RIGHT TO REQUEST THIS INFORMATION. 16. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: See Attached Annual Report a. Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses). b. Net Fixed Assets C. Other Assets d. Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, accrued salaries, real estate encumbrances and accrued payroll taxes) e. Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings) f. State the name of the firm preparing the financial statement and date thereof: g. This financial statement must be for the identical organization named on page one? If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent, subsidiary). Please note, that the City of Sanford reserves the right to reject financial statement(s) submitted by other than the organization named on page one. THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY THE CITY IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL Attachment #13 Direct and Indirect, Wholly Owned Subsidiaries of Insituform Technologies, Inc. As of March 1, 2007 Subsidiary Place of Incorporation/Organization Aftholder, Inc. Missouri Clearline Services Limited United Kingdom INA Acquisition Corp. Delaware Insituform (Netherlands) B.V. Netherlands Insituform Belgium NV Belgium Insituform C.V. Netherlands Insituform Europe SAS France Insituform France, S.A. France Insituform Holdings B.V. Netherlands Insituform Holdings (UK) Limited United Kingdom Insituform Rioolrenovatietechnieken B.V. Netherlands Insituform sp. z o.o. Poland Insituform Technologies C.V. Netherlands Insituform Technologies Iberica, S.A. Spain Insituform Technologies Limited (Canada) Canada Insituform Technologies Limited (UK) United Kingdom Insituform Technologies Netherlands B.V. Netherlands Insituform Technologies USA, Inc. Delaware KA -TE Insituform AG Switzerland Kinsel Industries, Inc. Texas Mississippi Textiles Corporation Mississippi NuPipe Limited United Kingdom Sewer Services Limited United Kingdom Video Injection — Insituform SAS France Insitufonm Balconi S.R.L. Romania Insituform Cypress Limited France Insituform Environmental Techniques Limited Ireland Insituform Hong Kong Limited Hong Kong ITI International Services, Inc. Delaware Insituform Linings Public Limited Company United Kingdom Insituform Rohrsanierungstechnic GmbH Germany Insituform Singapore Pte. Ltd. Singapore United Pipline de Mexico SA de C.V. Mexico United Pipeline del Peru S.L.R. Peru United Sistema de Tuberias Limitada Chile United Sistemas de Revistimento em Tubulacoes Ltda. Brazil CAUSE THE CITY TO REJECT THE BID OR PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD AND /OR CONTRACT. November 28, 2007 -'� Signature of Affiant Date _ H Douglas Th omas VP Sp ecial Projects Typed or Printed Name of Affiant Tide Missouri 2007 State of RkKW lC, County of s+. Lou r s On this 28 day of November , before me, the undersigned Notary Public of the State of s �a personally appeared H Dorylas Thomas and N/A (Name(s) of individuals who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. � NOTARY PUBLIC, STATE O M Missouri iss NOTARY PUBLIC D &hi-Q SEAL OF OFFICE: (Name of Notary Public: Pnnt, Stamp, or Type as Commissioned.) X_ Personally known to me, or _ Produced identification: N/ (Type of Identification Produced) X DID take an oath, or _ DID NOT take an oath. DEBRA K. JASPER Notary Public - Notary Sod State of Missouri St. Charles County My Commission Expires Nov 18, 2010 Commission # 06969544 Form No. SOQ 25.204 Restoration of Under round Pipe and to Provide Manhole Rehabilitation IFB 07/06-07 THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID RECYCLED CONTENT INFORMATION REPORT In support of the Florida Waste Management Law, bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); the percentage of recycled material contained in the product and the cost and product performance impact of increasing the percentage of recycled content. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. Product bid contains recycled content? Yes x No Percent of recycled content contained. Percent of recycled content which is post end user material Is your product packaged and /or shipped in material containing recycled content? Yes x No. Is your product recyclable after it has reached its intended end use? Yes x No. RECY -1100, 08 -15 -07 RECYCLED CONTENT INFORMATION REPORT EXHIBIT "C" WORK ORDER FORM CITY OF SANFORD WORK ORDER FOR PROFESSIONAL ARCHITECTRUAL ENGINEERING SERVICES AGREEMENT (IFB OR RFP OR RPQ #) WORK ORDER NO.: PROJECT: CONTRACTOR: Execution of the Work Order by the CITY shall serve as authorization for the CONTRACTOR to provide for the above project, professional services as set out in the Scope of Services attached as Exhibit "A," to that certain Agreement of between the CITY and the CONTRACTOR and further delineated in the specifications, conditions and requirements stated in the following listed documents which are attached hereto and made a part hereof. ATTACHMENTS: [ ] DRAWINGS /PLANS /SPECIFICATIONS [ ] SCOPE OF SERVICES [ ] SPECIAL CONDITIONS The CONTRACTOR shall provide said services pursuant to this Work Order, its attachments and the above - referenced Agreement, which is incorporated herein by reference as if it had been set out in its entirety. Whenever the Work Order conflicts with said Agreement, the Agreement shall prevail. 27 TIME FOR COMPLETION: The work authorized by this Work Order shall be commenced upon issuance of a Notice to Proceed by the CITY and shall be completed within ( ) calendar days. METHOD OF COMPENSATION: (a) This Work Order is issued on a: [ ] FIXED FEE BASIS [ ] TIME BASIS METHOD WITH A NOT -TO- EXCEED AMOUNT [ ] TIME BASIS METHOD WITH A LIMITATION OF FUNDS AMOUNT (b) If the compensation is based on a "Fixed Fee Basis," then the CONTRACTOR shall perform all work required by this Work Order for the sum of DOLLARS ($ ). In no event shall the CONTRACTOR be paid more than the Fixed Fee Amount. (c) If the compensation is based on a "Time Basis Method" with a Not -to- Exceed Amount, then the CONTRACTOR shall perform all work required by this Work Order for a sum not exceeding DOLLARS ($ ). The CONTRACTOR's compensation shall be based on the actual work required by this Work Order. (d) If the compensation is based on a "Time Basis Method" with a Limitation of Funds Amount, then the CONTRACTOR is not authorized to exceed the Limitation of Funds amount of DOLLARS ($ ) without prior written approval of the CITY. Such approval, if given by the CITY, shall indicate a new Limitation of Funds amount. The CONTRACTOR shall advise the CITY whenever the CONTRACTOR has incurred expenses on this Work Order that equals or exceeds eighty percent (80 %) of the Limitation of Funds amount. The CITY shall compensate the CONTRACTOR for the actual work performed under this Work Order. (e) Payment to the CONTRACTOR shall be made by the CITY in strict accordance with the payment terms of the above - referenced Agreement. (f) It is expressly understood by the CONTRACTOR that this Work Order, until executed by the CITY, does not authorize the performance of any services by the CONTRACTOR and that the CITY, prior to its execution of the Work Order, reserves the right to authorize a party other than the CONTRACTOR to perform the services called for under this Work Order if it is determined that to do so is in the best interest of the CITY. K1:3 IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order on the respective dates under each signature: the CITY through its City Commssion taking action on the day of , 200_, and the CONTRACTOR signing by and through its duly authorized corporate officer having the full and complete authority to execute same. ATTEST. Bv: Corporate Secretary or Witness CONTRACTOR. Corporate President Date: ATTEST. Janet Dougherty, City Clerk Date: For the use and reliance of the City of Sanford only. Approved as to form and legal sufficiency. /s/ William L. Colbert William L. Colbert, City Attorney CITY OF SANFORD Linda Kuhn Mayor W� ACORD CERTIFICATE OF LIABILITY INSURANCE „,,2008 DA z;2;�D0;" PRODUCER Lockton Companies,LLC -1 St. Louis Three City Place Drive, Suite 900 St. Louis MO 63141 -7081 (314) 432 - 0500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Insituform Technologies Inc. 1041932 ( 7988 Edison Avenue Chesterfield MO 63005 INSURER A: Liberty Mmual Fire Insurance Company (64) 23035 INSURER B: Liberty Insurance Corporation 64 42404 INSURER C: INSURER D: INSURER E: CnVF0Ar:9:4 1XICT1711,9 90 issulnu THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'1 INSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MMIDD/1^r LIMITS GENERAL LIABILITY EACH OCCURRENCE 2, 000,000 A X COMMERCIAL GENERAL LIABILITY TB2 -641- 004218 -037 7/1/2007 7/112008 p M gE ToRE L IED c e S 350,000 CLAIMS MADE fX OCCUR MED EXP (Any one parson) $ 10,000 PERSONAL &ADV INJURY S 2,000,000 X tltdpnt C ontract o r BROAD FORM PD /CONTRACTUAL GENERAL AGGREGATE $ 4,000,000 X XCU PRODUCTS - COMP/OP AGG S 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X jECT LOC A AUTOMOBILE X LIABILITY ANY AUTO AS2 -641- 004218 -027 7/1/2007 7/112008 COMBINED SINGLE LIMIT (Ea accident) $ 2000 000 BODILY INJURY (Per person) S XXXXXXX ALLOWNEDAUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) S XXXXXXX HIREDAUTOS NON -OWNED AUTOS J X X Physical Damage PROPERTY DAMAGE (Per accident) $ XXXXXXX Deduct - per policy GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC S XXXXXXX AUTO ONLY: AGG S XXXXXXX EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX AGGREGATE S XXXXXXX OCCUR FI CLAIMS MADE NOT APPLICABLE $ XXXXXXX UMBRELLA 13 5 }(}(XXXX)( DEDUCTIBLE FORM $ XXXXXXX RETENTION $ B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WA7 - 64D - 009004 - 447 WC7 -641- 004218 -017 (1V1 k OR) 7/1/2007 7/1/2007 7/1/2008 7/1 /2008 X T RY T I M I T ER E.L. EACH ACCIDENT — S 1,000,000 E.L. DISEASE - EA EMPLOYE S 1,000,000 OFFICER/MEMBER EXCLUDED? u es, desvibe under NO SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT S 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS RE: SOLICITATION NUMBER IFB 07/08 -07 RESTORATION OF UNDERGROUND PIPE AND TO PROVIDE MANHOLE REHABILITATION. CITY OF SANFORD IS ADDITIONAL INSURED UNDER GENERAL LIABILITY AND AUTOMOBILE LIABILITY AS REQUIRED BY WRITTEN CONTRACT. i *SEE ATTACHED ENDORSEMENTS” �[Zr% I lr lI m 1 G rIVLLICR t.AIVIiCLLA I IUIV 3508721 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SANFORD DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 300 NORTH PARK AVENUE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL SANFORD FL 32771 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRE EN7 VE G::�- , . ACORD 25 (2001/08) Forque ilunsnperdingthisce rlificste, contactNenumberlist edInthe? roducersedlonsboveandspxnyewdbntcode INSTEOY. © kdb CARPARAT110M 11 QRR COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person or organization where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium $ Effective Date 7/1/07 Expiration Date 7/1/08 For attachment to Policy No. T82 -641- 004218 -037 Audit Basis Issued To INSITUFORM TECHNOLOGIES, INC. SIICRLTARY PRESIDFNT Countersigned by S. Authorized Representative Issued Sales Office and No. End. Serial No. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 POLICY NUMBER: COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 711/07 Countersigned By: Policy Number: AS2 -641- 004218 -027 1 � Named Insured: Insituform Technologies, Inc. Authorized Representative SCHEDULE Name of Person(s) or Organization(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to cover- age and minimum limits of insurance required by the written agreement, and in no event to exceed the scope of coverage or the limits of insurance provided in this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an insured for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑