HomeMy WebLinkAboutRES.2145.02-06-2006BILL NO. 06-24
RESOLUTION NO. Qlgs
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH FOESTE NURSERY,
INC., FOR CONSTRUCTION OF A RETAINING WALL
ALONG SOUTH FREDERICK STREET, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement for construction of a retaining wall along South
Frederick Street, in the City of Cape Girardeau, Missouri. A
copy of said Agreement is attached to this Resolution and made a
part hereof.
PASSED AND ADOPTED THIS (ovN DAY OF
Gayle L.� )Ponrad, City Clerk
4�?�1011 i��
B. nudtson, Mayor
CITY OF CAPE GIRARDEAU
POLICE DEPARTMENT RETAINING WALL
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of l r-1 (0rL in the year
2006 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER)
and Foeste Nursery, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The work to be performed under these Contract Documents consists of
installation of a 810 square foot of Anchor Vertica concrete block retaining
wall also including drainage, reinforcement, and grading that meets the
specifications. The wall should meet flush with the existing wall on the north
side of the site and end at the property corner at the south side
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within twenty days (20) calendar days after
the date when the Contract Times commence to run as provided in paragraph 2.3 of the
General Conditions, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within thirty days (30) days afterthe date when
the Contract Times commence to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
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completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not competed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER Two hundred ($200.00) for each day that
expires after the time specified in paragraph 3.1 for Substantial Completion until the Work
is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect,
refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for
completion and readiness for final payment or any proper extension thereof granted by
OWNER, CONTRACTOR shall pay OWNER Two hundred ($200.00) for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in the bidding documents.
LUMP SUM CONTRACT AMOUNT: Fifteen Thousand and 00/100 Dollars
($15,000.00)
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments; Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR'S Application for Payment as
recommended by ENGINEER, on or about the 10th day of each month during construction
as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in the
case of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER, and if the character and
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER, on recommendation of ENGINEER, maydetermine that as long as
the character and progress of the Work remain satisfactory to them, there
will be no additional retainage on account of Work completed, in which case,
the remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentations satisfactory to OWNER as provided in paragraph 14.2 of the
General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in the
Bidding Documents, including "technical data".
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work.
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7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions in
or relating to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the
determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent
of the "technical data" contained in such reports and drawings upon which CONTRACTOR
is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR
acknowledges that such reports and drawings are not Contract Documents and may not be
complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER
and ENGINEER do not assume responsibility for the accuracy or completeness of
information and data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and
carefully studied (or assumes responsibility for having done so) all such additional
supplementary examinations, investigations, explorations, tests, studies and data
concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to
the site or otherwise which may affect cost, progress, performance or furnishing of the
Work or which relate to any aspect of the means, methods, techniques, sequences and
procedures of construction to be employed by CONTRACTOR and safety precautions and
programs incident thereto. CONTRACTOR does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the Contract Times
and in accordance with the other terms and conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities
or discrepancies that CONTRACTOR has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages AA=1 to A-7 inclusive).
8.2 Exhibits to this Agreement (pages BF- 1 to BF- 6 , inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of
pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition)
8.6 Supplementary Conditions (pages SC -1 to SC- 5 , inclusive).
8.7 Specifications bearing the title POLICE DEPT. RETAINING WALL.
8.8 Drawings.
8.9 Addenda numbers 1 to 1 , inclusive.
8.10 CONTRACTOR'S Bid (pages BF- 1 to BF -6 , inclusive) marked exhibit A .
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to
inclusive).
8.12 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
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contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
M
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on C UCt (CL ✓ 2006 (which is the
Effective Date of the Agreement).
OWNER City of Cape Girardeau
Douglas K. Leslie City Manager
By:
[CORPORATE SEAL]
Attest Z d� j/-,
Address for giving notices
401 Independence Street
Cape Girardeau, MO 63703
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.
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CONTRACTOR Foeste Nursery, Inc.
Steve Foeste. President
/[CORPORATE SEAL]
Attest.
1 ✓Cyi`.
_..i
Address for giving notices y s''lp,,oq'
1020 North Clark ',�''>> ►:ra'��r�''
� f,•rr t r i+c.��t: t►tte
Caae Girardeau. MO 63701
License No.
Agent for service of process:
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
EXHIBIT "A"
CITY OF CAPE GIRARDEAU
POLICE DEPARTMENT RETAINING WALL
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The improvement consists of installation of a 810 square
foot Anchor Vertica concrete block retaining wall also including drainage, reinforcement,
and grading that meets the specifications. The wall should meet flush with the existing wall
on the north side of the site and end at the property corner at the south side and all other
appurtenances as specified in the bid documents for the City of Cape Girardeau, Missouri.
THIS BID IS SUBMITTED TO:
CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63703
1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Bid Price and
within the Bid Times indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including without limitation those dealing with the disposition of
Bid security. This Bid will remain subject to acceptance for thirty-five days after the day of
Bid opening. BIDDER will sign and deliver the required number of counterparts of the
Agreement with the Bonds and other documents required by the Bidding Requirements
within fifteen days after the date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
following:
Addenda, receipt of all which is hereby acknowledged: (ListAddenda by Addendum Number and Date)
A a iscrlI ja—w.Gx�)
BF -1
M BIDDER has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work;
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination
set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the
"technical data" contained in such reports and drawings upon which BIDDER is entitled to
rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that
such reports and drawings are not Contract Documents and may not be complete for
BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume
responsibility for accuracy or completeness of information and data shown or indicated in
the Bidding Documents with respect to Underground Facilities at or contiguous to the site.
BIDDER has obtained and carefully studied (or assumes responsibility for having done so)
all such additional or supplementary examinations, investigations, explorations, tests,
studies and data concerning conditions (surface, subsurface and Underground Facilities) at
or contiguous to the site or otherwise which may affect cost progress, performance or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences and procedures of construction to be employed by BIDDER and safety
precautions and programs incident thereto. BIDDER does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the
determination of this Bid for performance and furnishing of the Work in accordance with the
times, price and other terms and conditions of the Contract Documents.
(e) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
(f) BIDDER has correlated the information known to BIDDER, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and
data with the Contract Documents.
b (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents
b are generally sufficient to indicate and convey understanding of all terms and conditions for
performing and furnishing the Work for which this Bid is submitted.
NEA
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or rules
of any group association, organization or corporation; BIDDER has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other Bidder or over
OWNER.
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s)
Unit Price Bid
ITEM
ESTIMATED
ESTIMATED
QUANTITY
PRICE
ANCHOR VERTICA
CONCRETE BLOCK
810 SF
RETAINING WALL
i
(Written figure)
(Total bid amount is to be shown in both words and figures. Incase of discrepancy, the
amount shown in words will govern. In case of error in extension, the unit and lump sum
prices under each Pay Item will be considered correct, and these sums when properly
extended, shall constitute the Bid.)
Unit Prices have been computed in accordance with paragraph 11.9.2 of the General
Conditions.
BIDDER acknowledges that quantities are not guaranteed and final payment will be based
on actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within twenty days (20)
calendar days after the date when the Contract Times commences to run as provided in
paragraph 2.3 of the General Conditions, and completed and ready for final payment in
accordance with paragraph 14.13 of the General Conditions within thirty days (30) calendar
days after the date when the Contract Times commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the times specified in the Agreement.
6. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or cashiers check.
BF -3
(c) Any Addenda issued.
7. Communications concerning this Bid shall be addressed to:
Name!�5f�ijn.
Address -/Q. (,,l6LY-L G7[Nn M 62�`�i �
(a) Performance and Payment Bonding Company
Name
Address
Agent\Power of Attorney Name (if used)
Address
8. Terms used in the Bid which are defined in the General conditions or Instructions will
have the meanings indicated in the General Conditions or Instructions.
SUBMITTED on , 20_.
State Contractor License No.
IF BIDDER is:
An Individual
By (SEAL)
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership
By
(Firm Name)
(General Partner)
Business address:
(SEAL)
Phone No.:
k
A Corporation
By
(SEAL)
�/� (Corporation Nam&)
Y 11�(
ate of Incorporation)
By
(Name of Person Authorized to Sign)
(Title) °
(Corporate Seal)i
e-,
Attest
Business address: C:DL� A_-
r
age- (6-,3 'k-0 r
Phone No.: 1 - 7 `� _. (0a,63
Date of Qualification to do business is I l j
A Joint Venture
By (SEAL)
(Name)
(Address)
By (SEAL)
(Name)
(Address)
r
j Phone Number and Address for receipt of official communications:
E
(Each joint venturer must sign. The manner of signing for each individual, partnership and
r corporation that is a party to the joint venture should be in the manner indicated above.)
BREAKDOWN OF WORK FORCE (Required):
BIDDER hereby states that he will perform the following items of work directly without
employment of subcontractors:
BF -5
P
1
L
R .
1
t
}
I
y
r It is anticipated that the following subcontractors will be employed for work on this project:
SUBCONTRACTORS:
(Name) (Type of Work)
L
CITY OF CAPE GIRARDEAU
POLICE DEPT. RETAINING WALL PROJECT
ADDENDUM #1
JANUARY 10, 2006
The following revision have been made to the above named Contract Documents:
NOTICE TO BID:
The deadline for the bid opening incorrectly states Tuesday, January 19, 2006; it should read
Thursday, January 19, 2006.
BID FORM:
On Page BF -4 of the bid form, item (b) [under item 6. on BF -3] is intentionally deleted.
TECHNICAL SPECIFICATONS:
APPENDIX A DRAWINGS:
Substitute Sheet 3 of 6 with the attached revised Sheet 3 of 6. This sheet has been
revised to show the proposed drain tile is to be installed to match the existing grade on the north
side. Drainage is to flow towards Independence Street along Frederick Street. Two drainage
outlets need to be set at Station 0+75 and Station 1+50 over the base course.
On Sheet 4 of 6 where it indicates the 6 MILLIMETER PLASTIC PUT BEHIND ROCK IN
ORDER TO KEEP DIRT FROM SEEPING THROUGH substitute filter fabric to allow water flow.
This addendum must be signed and attached to your Bid Documents.
Date: (�
/mb
Attachment -1
BankofAmerica `�'� Cashier's Check No. 0026250
11100 26 2SOP 1: 1 140000 L91: 00 164 100477911'
AIA Document A312
Performance Bond
No. 3888779
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Foeste Nursery, Inc.
1020 N. Clark Street
Cape Girardeau, Mo 63701
OWNER (Name and Address):
City of Cape Girardeau
P.O. Box 617
Cape Girardeau, Mo 63702-0617
CONSTRUCTION CONTRACT
Date: Fe Ka^uCtr(i 2C�G
Amount: $ 15,000
Description (Name and Location):
SURETY (Name and Principal Place of Business)
The Ohio Casualty Insurance Company
136 North Third Street
Hamilton, Ohio 45025
Retaining Wall, Cape Girardeau Police Station, 40 South Sprigg, Cape Girardeau, MO
BOND
Date (Not earlier than Construction Contract Date):
Amount: S•; 15,000
Modifieations to this Bond:
C( iT {rl A �PFJNCIPAL
y Foesf�hursdjy,, Inc.
,Yk'YYYYif 11 ll i///,�1j`` ,
�4 V
t
�r Y
❑ None ❑ See Page 3
SURETY The Ohio Casualty Insurance Company
RPOAs '. Corporate Seal
Signature:
aie{a at"�CA0 Name and
J'�IL
"(fOR PN.xONLY -Name, Address and Telephone)
AG R R: OWNER'S
Joseph°M Stahly,�;
W.E. Walker-Lakenan LLC/573-335-3307
P.O. Box 733
Cape Girardeau, MO 63702-0733
Corporate Seal
Attorney in Fact
ESENTATIVE (Architect, Engineer or Other:)
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 EDITION • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006
THIRD PRINTING • MARCH 1987
A312- 1
I The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the performance of the
Construction Contract, which is incorporated herein by
reference.
2 If the Contractor performs the Construction Contract, the
Surety and the Contractor shall have no obligation under this
Bond, except to participate in conferences as provided in
subparagraph 3.1.
3 If there is no Owner default, The Surety's obligation under
this bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in paragraph 10 below
that the Owner is considering declaring a Contractor
default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be held
not later than fifteen days after receipt of such notice to
discuss methods of performing the Construction
Contract. If the Owner, Contractor and Surety agree, the
Contractor shall be allowed a reasonable time to perform
the Construction Contract, but such an agreement shall
not waive the Owner's right, if any, subsequently to
declare a Contractor default; and
3.2 The Owner has declared a Contractor default and
formally terminated the Contractor's right to complete the
Contract. Such Contractor default shall not be declared
earlier than twenty days after the Contractor and the
Surety have received notice as provided in subparagraph
3.1; and
3.3 The Owner has agreed to pay the balance of the
contract price to the Surety in accordance with the terms
of the Construction Contract or to a contractor selected
to perform the Construction Contract in accordance with
the terms of the Contract with the Owner.
4 When the Owner has satisfied the conditions of paragraph
3, the Surety shall promptly and at the Surety's expense take
one of the following actions:
4.1 Arrange for the Contractor, with the consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construction
Contract itself, through its agents or through
independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the owner for a contract for
performance and completion of the construction contract,
arrange for a contract to be prepared for execution by the
Owner and the contractor selected with the Owner's
payment bonds executed by a qualified surety equivalent
to the bonds issued on the Construction Contract, and
pay to the Owner the amount of damages as described in
paragraph 6 in excess of the balance of the contract price
incurred by the owner resulting from the Contractor's
default; or
4.4 Waive its right to perform and complete, arrange for
completion, or obtain a new contractor with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as soon as
practical after the amount is determined, tender
payment therefore to the Owner; or
.2 deny liability in whole or in part and notify the
Owner citing reasons therefore.
5 If the Surety does not proceed as provided in paragraph 4
with reasonable promptness, the Surety shall be deemed to
be in default on this Bond 15 days after receipt of an
additional written notice from the Owner to the Surety
demanding that the surety perform its obligations under this
bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in
subparagraph 4.4, and the Owner refuses the payment
tendered or the Surety has denied liability, in whole or in
part, without further notice the Owner shall be entitled to
enforce any remedy available to the owner.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety elects
to act under subparagraph 4.1, 4.2 or 4.3 above, then
responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety
shall not be greater than those of the Owner under the
Construction Contract. To the limit of the amount of this
Bond, but subject to commitment by the Owner of the
balance of the contract price to mitigation of costs and
damages on the Construction Contract, the Surety is
obligated without duplication for:
6.1 The responsibilities of the Contractor for correction
of defective work and completion of the Construction
Contract;
6.2 Additional legal, design professional and delay costs
resulting from the Contractor's default, and resulting from
the actions or failing to act of the Surety under paragraph
4; and
6.3 Liquidated damages, or if no liquidated damages are
specified in the Construction Contract, actual damages
caused by delayed performance or non-performance of
the Contractor.
concurrence, to be secured with performance and
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 EDITION • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312- 2
THIRD PRINTING • MARCH 1987
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
Construction Contract, and the balance of the contract price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this
Bond to any person or entity other than the Owner or its
heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in which
the work or part of the work is located and shall be instituted
within two years after Contractor default or within two years
after the contractor ceased working or within two years after
the surety refuses or fails to perform its obligations under
this Bond, whichever occurs first. If the provisions of this
paragraph are void or prohibited by law, the minimum period
of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall be
mailed or delivered to the address shown on the signature
page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where the
MODIFICATIONS TO TIIIS BOND ARE AS FOLLOWS:
construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming
to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be
construed as a statutory bond and not as a common-law
bond.
12 DEFINITIONS
12.1 The Balance of the Contract Price: The total
amount payable by the Owner to the Contractor under
the Construction Contract after all proper adjustments
have been made, including allowance to the Contractor of
any amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to
which the Contractor is entitled, reduced by all valid and
proper payments made to or on behalf of the Contractor
under the Construction Contract.
12.2 Construction Contract: The agreement between the
Owner and the Contractor identified on the signature
page, including all contract documents and changes
thereto.
12.3 Contractor Default: Failure of the Contractor, which
has neither been remedied or waived, to perform or to
otherwise to comply with the terms of the Construction
Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied or waived, to pay the Contractor as
required by the Construction Contract or to perform and
complete or comply with the other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company:
Corporate Seal Corporate Seal
Signature Signature:
Name and Title: c Name and Title:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 EDITION • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312 -
THIRD PRINTING • MARCH 1987
AIA Document A312
Payment Bond
No. 3888779
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Foeste Nursery, Inc.
1020 N. Clark Street
Cape Girardeau, Mo 63701
OWNER (Name and Address):
City of Cape Girardeau
P.O. Box 617
Cape Girardeau, Mo 63702-0617
SURETY (Name and Principal Place of Business)
The Ohio Casualty Insurance Company
136 North Third Street
Hamilton, Ohio 45025
CONSTRUCTION CONTRACT
Date: r elOJ U&r� -23, a0GC'
Amount: 15,000
Description (Name and Location):
Retaining Wall, Cape Girardeau Police Station, 40 South Sprigg, Cape Girardeau, MO
"x;aauatu,J�rr,��'
e'�c�, vim,, � •� . r��
j..rk X_ M
/
�4'iD•s•D••• „ Hyl
�1
,
`7JJJJtlltaa�lti.
BOND
Date (Not earlier than Construction Contract Date):
Amount: 15,000
Modifications to this Bond: ❑ None ❑ See Page 6
Nor , �
C )a iG' S,P CIPAL SURETY The Ohio Casualty Insurance Company
'top >• e Nifrsery, Inc.
`veto Corporate Seal Corporate Seal
Signature:
Mme ~�T v e Name and Titl : seph M. tahly
cs o ttorney in Fact
`,,(FO`AJNFO ON ONLY - Name, Address and Telephone)
AG 40R°.,', OWNER'S REP SENTATIVE (Architect, Engineer or Other):
Jo�i�1 �tic,a:•
W.E. Walker-Lakenan LLC/573-335-3307
P.O. Box 733
Cape Girardeau, MO 63702-0733
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 EDITION • AIA O
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312- 4
THIRD PRINTING - MARCH 1987
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors
and assigns to the owner to pay for labor, materials and
equipment furnished for use in the performance of the
Construction Contract, which is incorporated herein by
reference.
2 With respect to the Owner, this obligation shall be null
and void if the contractor:
2.1 Promptly makes payment, directly or indirectly, for all
sums due claimants, and
2.2 Defends, indemnifies and holds harmless the Owner
from claims, demands, liens and suits by any person or
entity whose claim, demand, lien or suit is for the
payment for labor, materials or equipment furnished for
use in the performance of the Construction Contract,
provided the Owner has promptly notified the Contractor
and the Surety (at the address described in paragraph 12)
of any claims, demands, liens or suits and tendered
defense of such claims, demands, liens or suits to the
Contractor and the Surety, and provided there is no
Owner default.
3 With respect to claimants, this obligation shall be null and
void if the Contractor promptly makes payment, directly or
indirectly, for all sums due.
4 The Surety shall have no obligation to claimants under
this bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in paragraph 12) and
sent a copy, or notice thereof, to the owner, stating that a
claim is being made under this Bond and, with substantial
accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the
Contractor:
.1 Have furnished written notice the Contractor and
sent a copy, or notice thereof, to the Owner, within 90
days after having last performed labor or last
furnished materials or equipment included in the claim
stating, with substantial accuracy, the amount of the
claim and the name of the party to whom the materials
were furnished or supplied or for whom the labor was
done or performed; and
.2 Have either received a rejection in whole or in part
from the Contractor, or not received within 30 days of
furnishing the above notice any communication from
the Contractor by which the Contractor has indicated
the claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30 days,
have sent a notice to the Surety, (at the address
described in paragraph 12) and sent a copy, or notice
thereof, to the Owner, stating that a claim is being
made under this Bond and enclosing a copy of the
previous written notice furnished to the Contractor.
5 If a notice required by paragraph 4 is given by the Owner
to the Contractor or to the Surety, that is sufficient
compliance.
6 When the claimant has satisfied the conditions of
paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions:
6.1 Send an answer to the claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating
the amounts that are undisputed and the basis for
challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the amount
of this bond, and the amount of this bond shall be credited
for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any, under
any Construction Performance Bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree
that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy
obligations of the Contractor and the Surety under this
Bond, subject to the owner's priority to use the funds for
completion of the work.
9 The Surety shall not be liable to the Owner, claimants or
others for obligations of the Contractor that are unrelated to
the Construction Contract. The Owner shall not be liable for
payment of any costs or expenses of any claimant under this
Bond, and shall have under this Bond no obligations to make
payments to, give notices on behalf of, or otherwise to have
obligations to claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a claimant under
this Bond other than in a court of competent jurisdiction in
the location in which the work or part of the work is located
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 EDITION • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006
THIRD PRINTING • MARCH 1987
101
A312-
or after the expiration of one year from the date (1) on which
the claimant gave the notice required by subparagraph 4.1 or
clause 4.2.3, or (2) on which the last labor or service was
performed by anyone or the last materials or equipment were
furnished by anyone under the Construction Contract,
whichever of (1) or (2) first occurs. If the provisions of this
paragraph are void or prohibited by law, the minimum period
of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
12 Notice to the Surety, Owner or Contractor shall be mailed
or delivered to the address shown on the signature page.
Actual receipt of notice by the Surety, the Owner or the
Contractor, however accomplished, shall be sufficient
compliance as of the date received at the address shown on
the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where the
construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming
to such statutory or legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be
construed as a statutory bond and not as a common-law
bond.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFT IMONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equipment for
use in the performance of the Contract. The intent of this
Bond shall be to include without limitation in the terms
"labor, material and equipment" that part of water, gas,
power, light, heat, oil, gasoline, telephone service or
rental equipment used in the Construction Contract,
architectural and engineering services required for
performance of the work of the Contractor and the
Contractor's subcontractors, and all other items for which
a mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the
Owner and the Contractor identified on the signature
page, including all contract documents and changes
thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied or waived, to pay the Contractor as
required by the Construction Contract or to perform and
complete or comply with the other terms thereof.
(Space is provided below for signatures of added parties, other than those appearing on the signature page.)
CONTRACTOR AS PRINCIPAL SURETY
Company:
Corporate Seal
Signature: _
Name and Title:
Signature: _
Name and Title:
Corporate Seal
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 EDITION • AIA O
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312- 6
THIRD PRINTING • MARCH 1987
CERTIFIED COPY OF POWER OF ATTORNEY
THE OHIO CASUALTY INSURANCE COMPANY
WEST AMERICAN INSURANCE COMPANY
No. 38-072
Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN
INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio
Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint: William C. Talley, M. Scott Stanfield, Joseph
M. Stahly, Patricia A. Talley or Douglas E. Mueller of Cape Girardeau, Missouri its true and lawful agent (s) and attorney (s) -in -fact, to make, execute, seal and
deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
THREE MILLION ($3,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in
their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance
Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 18th day of January, 2005.
ZY W84 NEU
=----�-?,�, cam''"''
o SEAL �� „; SEAL �';
+�, ;., :� ALL_ Gc�tl'iP vw2
Sam Lawrence, Assistant Secretary
STATE OF OHIO,
COUNTY OF BUTLER
On this 18th day of January, 2005 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally
known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly
sworn deposes and says that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said
Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written.
9
�a�aun�Em�a
Notary Public in and for County of Butler, State of Ohio
r My Commission expires August 6, 2007.
This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company
and West American Insurance Company, extracts from which read:
Article III, Section 9. Appointment of Attorneys -in -Fact. The Chairman of the Board, the President, any Vice -President, the Secretary or any Assistant
Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attomeys-in-fact for the purpose of signing the name of the
corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or
other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity,
or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency
thereof, or to any other political subdivision thereof
This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004:
RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the
Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its
behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their
authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to
any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect
as though manually affixed.
CERTIFICATE
I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of
attorney, the referenced By -Laws of the Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and effect on
this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this day of _
(V IN8U 'p1NEUga•
SEAL ;; SEAL
Assistant Secretary
ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID MDATE(MWDD/YYYY)
Sl
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
FOESNUl
02/13/06
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
W. E. WALKER-LAKENAN
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
117 SOUTH BROADVIEW
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P O BOX 733
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CAPE GIRARDEAU MO 63702-0733
GENERAL LIABILITY
Phone:573-335-3307 Fax:573-335-5844
INSURERS AFFORDING COVERAGE NAIC#
INSURED
INSURERA: OHIO CASUALTY GROUP
INSURER B: AMERICAN INTERNATIONAL CO
INSURER C:
FOESTE NURSERY INC
INSURER D:
1020 NORTH CLARK
CAPE GIRARDEAU MO 63701
INSURER E:
COVERAGES
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.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATEYMM/DD TIVE
PDATEY EXPIRATION
LIMITS
REPRESENTATIVES. r
AUTHORIZED REPRESENTATIVE
GENERAL LIABILITY
Joseph M Stahl
EACH OCCURRENCE $ 1,000,000
A
X COMMERCIAL GENERAL LIABILITY
BKW52802904
01/01/05
01/01/06
PR EM ISES(EaocCurence) $ 100,000
CLAIMS MADE [X] OCCUR
MED EXP (Any one person) $ 10,00-0
PERSONAL & ADV INJURY $ 1,000,000
X BLANKET ADDL INSD
GENERAL AGGREGATE $ 2,000,000
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY PROECT LOC
J
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT $ 1,000,000
A
X
ANY AUTO
BAW52802904
01/01/05
01/01/06
(Ea accident)
BODILY INJURY $
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
BODILY INJURY $
HIRED AUTOS
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
ANY AUTO
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE $ 1,000,000
A
X OCCUR �CLAIMSMADE
US052802904
02/20/06
01/01/07
AGGREGATE $1,000,000
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
TORY LIMITSI ER
E.L. EACH ACCIDENT $1,000,000
B
EMPLOYERS' LIABILITY
WC9546217
01/01/05
01/01/06
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - EA EMPLOYEE $1,000,000
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT $1,000,000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
JOB: RETAINING WALL, CAPE POLICE STATION, CAPE GIRARDEAU, MO
CERTIFICATE HOLDER IS INCLUDED WITHIN THE BLANKET ADDITIONAL INSURED
PROVISION UNDER THE GENERAL LIABILITY COVERAGE.
rI=PTIFI(`ATF I-I(N ni=p CANCELLATION
CITYCAl
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
CITY OF CAPE GIRARDEAU
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
P O BOX 617, 401 INDEPENCENCE
CAPE GIRARDEAU MO 63702-0617
REPRESENTATIVES. r
AUTHORIZED REPRESENTATIVE
Joseph M Stahl
ACORD 25 (2001108) F (9ACURD GU RAI IUN 19IJ5
ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID M
DATE (MM/DD/YYYY)
FOESNUl
02/13/06
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
W. E. WALKER-LAKENAN
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
117 SOUTH BROADVIEW
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P O BOX 733
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CAPE GIRARDEAU MO 63702-0733
Phone:573-335-3307 Fax:573-335-5844
INSURERS AFFORDING COVERAGE NAIC#
INSURED
INSURER A: OHIO CASUALTY GROUP#24-03-1164
INSURER B:
A
INSURER C:
CITY OF CAPE GIRARDEAU
INSURER D:
PO BOX 617, 401 INDEDENDENCE
CAPE GIRARDEAU MO 63702 -
INSURER E:
COVERAGES
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.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATEYMM/DD EFFECTIVE
PDATE MM/DD/YY EXPIRATION
LIMITS
UTHORIZED REPRESENTATIVE
L
GENERAL LIABILITY
EACH OCCURRENCE s2,000,000
PREMISES (Ea occurence) $
A
X COMMERCIAL GENERAL LIABILITY
BL053458985
02/20/06
02/20/07
CLAIMS MADE 1-1 OCCUR
MED EXP (Any one person) $
PERSONAL& ADV INJURY $
X Owner/Cont Prot.
GENERAL AGGREGATE s4,000,000
L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $
lt,F—]
POLICY PRO- LOC
JECT
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident) $
BODILY INJURY
(Per person) $
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident) $
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
ANY AUTO
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE $
OCCUR F—I CLAIMS MADE
AGGREGATE $
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
I ER
E.L. EACH ACCIDENT $
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - EA EMPLOYEE $
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT $
OTHER
Commercial Applica
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
OWNERS & CONTRACTORS PROTECTIVE LIAB POLICY: RETAINING WALL, 40 SOUTH
SPRIGG,CAPE GIRARDEAU POLICE STATION/CONTRACTOR:FOESTE NURSERY INC
CONSTRUCTION OPERATIONS -OWNER
rFOTICIr ATF Hol nFR CANCELLATION
TOWHC01
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
TO WHOM IT MAY CONCERN
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
UTHORIZED REPRESENTATIVE
L
ose h M Stahl
ACORD 25 (2001/08) eUAL;UKU t;V KAI IUN IVtW
i
CHANGE ORDER #1 & FINAL ;54-c— R,!011S'E,0
PROJECT TITLE: Police Dept. Retaining Wall
CONTRACT DATE: February 22, 2005
CONTRACTOR: Foeste Nursery, Inc.
The following changes are hereby made to the Contract Documents:
Part 1: Items Added
ITEM
ADDITIONAL
UNIT
UNIT
PRICE
QUANTITY
PRICE
VERTICA CONCRETE
BLOCK RETAINING WALL
74
SF
$ 18.52
$ 1370.48
REMOVE BRICK
PLANTER - ADD 4"
RETAINING WALL
N/A
N/A
N/A
$ 1550.00
BLOCKS
LABOR
N/A
N/A
N/A
$ 1550.00
Justification
This change order is intended to bring all contract quantities to the as built quantities and
add or delete any items as deemed necessary for the successful completion of the project. The
addition of 74 square feet to the original 810 square feet and the additional work that included the
removal of a brick planters and construction of a small retaining wall in front of the police station
were agreements with property owners that were not part of the original bid documents and had to
be negotiated during construction.
Change to Contract Price
Original contract price:
$ 15,000.00
Current contract price as modified by previous change orders:
$ 15,000.00
Current contract price due to this change order will be increased by:
$ 4470.48
The new contract price due to this change order will be:
$ 19470.48
Change Order No. 1 Police Dept. Retaining Wall Page 1 of 2
V
Change to Contract Time
There will be no change to the contract time in this change order.
Approval Required:
To be effective, this Change Order must be approved by the owner if it changes the scope
or objective of the project, or may otherwise be required under the terms of the Supplementary
General Conditions to the Contract.
Recommended by
Ty Gram' g, Projec r
Jay %encel, City Engineer
Approved by
Dougfas K. Leslie, City Manager
Accepted by - ,
Foeste Nursery, Inc.
Change Order No. 1
Police Dept. Retaining Wall
Date
Date
Date
Date 3/ i
Page 2 of 2
e
REVISED CHANGE ORDER #1 & FINAL
PROJECT TITLE: Police Dept. Retaining Wall
CONTRACT DATE: February22, 2005
CONTRACTOR: Foeste Nursery, Inc.
The following changes are hereby made to the Contract Documents:
Part 1: Items Added
ITEM
ADDITIONAL UNIT UNIT
PRICE
QUANTITY PRICE
VERTICA CONCRETE
BLOCK RETAINING WALL
74 SF $ 18.52
$ 1370.48
Justification
This change order is intended to bring all contract quantities to the as built quantities and
add or delete any items as deemed necessary for the successful completion of the project. The
addition of 74 square feet to the original 810 square feet were agreements with property owners
that were not part of the original bid documents and had to be negotiated during construction.
Change to Contract Price
Original contract price:
$ 15,000.00
Current contract price as modified by previous change orders:
$ 15,000.00
Current contract price due to this change order will be increased by:
$ 1370.48
The new contract price due to this change order will be:
$ 16370.48
Change Order No. 1 Police Dept. Retaining Wall Page 1 of 2
Change to Contract Time
There will be no change to the contract time in this change order.
Approval Required:
To be effective, this Change Order must be approved by the owner if it changes the scope
or objective of the project, or may otherwise be required under the terms of the Supplementary
General Conditions to the Contract.
Recommended by
Ty Gramlin Project Ald
Jay tencel, City Engineer
Approved by 'e' -Y2
Dougla Leslie, Sty Manager
Accepted by
Foeste Nursery, Inc.
Change Order No. 1
Police Dept. Retaining Wall
Date�� �t j
Date �i3/fid
Date
Dated ( /�
Page 2 of 2