HomeMy Public PortalAboutORD07130 ORDINANCE NO. 7130
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE
CITY CLERK OF THE CITY OF JEFFERSON, MISSOURI , TO EXECUTE
A CONTRACT WITH STUPP BROS. BRIDGE & IRON COMPANY OF ST.
LOUISo MISSOURI RELATING TO THE FURNISHING AND ERECTION
OF STRUCTURAL STEEL AND TUFCOR FOR THE MUNICIPAL OFF-
STREET PARKING GARAGE, CAPITOL AVENUE AND MADISON STREETS,
JEFFERSON CITY, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and the City Clerk of the City
of Jefferson City, Missouri, are hereby authorized and
directed for and on behalf of said city to execute a
h, contract with Stupp Bros. Bridge & Iron Company of St.
Louis, Missouri relating to the furnishin g and erection
of structural steel and tufcor for the municipal off street
parking garage, Capitol Avenue and Madison Streets, in
Jefferson City, Missouri.
Section 2. Said contract shall read in words and
figures as follows:
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Sheet No. 9-1 - Foundation & Footing plan - March 3, 1961
Sheet No. S-2 - First Floor Framing plan - March 3, 1961
Sheet No. S-3 - Roof Framing plan - March 3 1961
_. Sheet No. S-4 - Elevations, wall reinforcement and Notes - March 3, 1961
Sheet No. S-5 - Sections & Schedules - March 3, 1961
Sheet No. S-6 - Sections - March 3, 1961
Sheet No. S-7 - Sections& Details - March 3, 1961
Sheet No. S-8 - Sections, Details and Column Schedule - March 3, 1961
Specification (File No. 1443) - dated March 3, 1961
Stupp Bros. Bridge & Iron Works' Proposal No. 15468 - dated August 18, 1961
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THE A. I. A. SHORT FORM
S FOR
SMALL CONSTRUCTION CONTRACTS
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AGREEMENT AND GENERAL CONDITIONS
BETWEEN CONTRACTOR AND OWNER
ISSUED BY THE AMERICAN INSTITUTE OF ARCHITECTS FOR USE ONLY
WHEN THE PROPOSED WORK IS SIMPLE IN CHARACTER, SMALL IN COST,
AND WHEN A STIPULATED SUM FORMS THE BASIS OF PAYMENT. FOR
OTHER CONTRACTS THE INSTITUTE ISSUES THE STANDARD FORM OF
AGREEMENT BETWEEN CONTRACTOR AND OWNER FOR CONSTRUCTION
OF BUILDINGS AND THE STANDARD GENERAL CONDITIONS IN CONNECTION
THEREWITH FOR USE WHEN A STIPULATED SUM FORMS THE BASIS FOR
PAYMENT.
sLLTII EDITION, COPYRIGHT, 1936-1951 BY THE AIIRERICAN INsTrrUTE OF ARCHITECrs, THE OCTAGON, WAsHiNGTON, D. C:
THIS AGREEMENT made the .............Seventh-----_,--,._-_-_---_-,- ........... day of
„$ep emlle
.......................... in the year Nineteen Hundred and ...9?: Y.-One.................................
by and between STUD?-BRO¢...ER I E,&_.MQN_.
..__.4-.Nkaa-qu l................................................... hereinafter called the Contractor, and
G"C7'lt OF .71;FFSlZSON,..NlISS.Q ...........................................................................................................
...... ......................
.................•----..............................-................................................................... hereinafter called the Owner.
WITNESSETH, That the Contractor and the Owner for the considerations hereinafter named agree
as follows:
Article 1. Scope of the Work—The Contractor shall furnish all of the material and perform all of
the work for Furnishing & erection of Structural Steel and Tufcor
......--•---•................................................................................................................... as shown
(Caption indicatin¢ the portion or portions of work covered)
on the drawings and described in the specifications entitled
Jefferson City Parking Garage, Capitol Avenue and Madison Street,
Jefferson City, Missouri
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all in accordance with the terms of the contract documents.
Article 2. Time of Completion—The work shall be substantially completed ..........................................
.............................. ...........................................................................
Article 3. Contract Sum—The Owner shall pay the Contractor for the performance of the contract :a
subject to the additions and deductions b
� provided therein In current funds, the sum of _.. ............. „ fi
Ei _
HUNDRED SEVEN THOUSAND FIVE HUND --7�e 70,(100 dollars. 101 580 70
................................................................................. $............�........,:...................) g a
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Article 4. Progress Payments—The Owner shall make payments on account of the contract, upon
requisition by the Contractor, as follows: on or about the Tenth day of each month
Ninety (90%) percent of -the value,based\on the Contract Prices of labor
and materials incorporated in the work up to the last day of the preceding
month, as estimated by the Architect, less the aggregate of previous
payments, and upon substantial completion of the entire work, a sum sufficient to
increase the total payments to Ninety-five (95 76) percent of the Contract.
Article 5. Acceptance and Final Payment—Final payment shall be due ........ThLxty................. days
after completion of the work, provided the contract be then fully performed, subject to the provi-
sions of Article 16 of the General Conditions.
Article G. Contract Documents—Contract documents are as noted in Article 1 of the General Con-
ditions. The following is an enumeration of the drawings and s ecifications .�,;"
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GENERAL CONDITIONS
Article 1. Contract Documents--The contract includes the Agreement and its General Conditions
the Drawings, and the Specifications. Two or more copies of each, as required, shall be signed by
both parties and one signed copy of each retained by each party.
The intent of'these documents is to include all labor, materials, appliances and services of every
. .kind necessary for the proper execution of the work, and the terms and conditions of payment
therefor.
The documents are to be considered as'one, and whatever,is called for by any one,of the docu-
ments shall be as binding as if called for by all.
Article 2. Samples—The Contractor shall furnish for approval all samples as directed.' The work
shall be in accordance with approved samples.
Article 3. Materials, Appliances,Employes—Except as otherwise noted, the Contractor shall pro-
vide and pay fpr.all materials, labor, tools, water,.power and other items necessary to complete
the work.
Unless otherwise specified, all materials shall be new, and both workmanship and materials
'shall be of good quality. -
All workmen and sub-contractors shall be skilled in their trades.
Article 4. Royalties and Patents—The Contractor shall pay royalties and license fees. He shall
defend all suits or claims for infringement of any patent rights and shall save the Owner harmless
from .loss on account thereof.
Article 5. Surveys,Permits,and Regulations—The Owner shall furnish all surveys unless otherwise
specified. Permits and licenses of a temporary nature necessary for the prosecution of the work
shall be secured .and paid for by the Contractor. Permits, licenses and easements for permanent
structures or permanent changes in existing facilities shall be secured and paid for by the Owner,
unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on
the conduct of the work and shall notify the Owner if the drawings and specifications are at variance
therewith.
Article 6. Protection of Work,Property, and Persons—The Contractor shall adequately protect
the work, adjacent property and the public and shall be responsible for any damage or injury due
to his act or neglect.
• Article 7. Inspection of Work—The Contractor shall permit and facilitate inspection of the work
by the Owner and his agents and public authorities at all times.
Article 8. Changes in the Work—The Owner may order changes in the work, the Contract Sum
being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the
Contractor for extra cost must be made in writing before executing the work involved.
—2—
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Article 9. Correction of Rork—The Contractor shall re-execute any work that fails to conform to
the requirements of the contract and that appears during the progress of the work, and shall remedy
any defects due to faulty materials or workmanship which appear within a period of one year from
the date of completion of the contract. The provisions of this article apply to work done by sub-
contractors as well as to work done by direct employees of the Contractor.
Article 10. Owner's Right to Terminate the Contract--Should the Contractor neglect to prosecute
the work properly, or fail to perform any provision of the contract, the Owner, after seven days'
written notice to the Contractor, may, without prejudice to any other remedy he may have, make
good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the
Contractor or, at his option, may terminate the contract and take possession of all materials, tools,
and appliances and finish the work by such means as he sees fit, and if the unpaid balance of the
contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor,
but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the
Owner.
Article 11. Contractor's Right to Terminate Contract—Should the work be stopped by any public
authority for a period of thirty days or more, through no fault of the Contractor, or should the
work be stopped through act or neglect of the Owner for a period of seven days, or should the
Owner fail to pay the Contractor any payment within seven days after it is due, then the Contractor
upon seven days' written notice to the Owner, may stop work or terminate the contract and recover
from the Owner payment for all work executed and any loss sustained and reasonable profit and
damages.
Article 12. Payments—Payments shall be made as provided in the Agreement. The making and
acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than
those arising from unsettled liens or from faulty work appearing thereafter, as provided for in
Article 9, and of all claims by the Contractor except any previously made and still unsettled.
Payments otherwise due may be withheld on account of defective work not remedied, liens filed,
damage by the Contractor to others not adjusted, or failure to make payments properly to sub-
contractors or for material or labor.
Article 13. Contractor's Liability Insurance—The Contractor shall maintain such insurance as will
protect him from claims under workmen's compensation acts and from claims for damages because
of bodily injury, including death, which may arise from and during operations under this contract,
whether such operations be by himself or by any subcontractor or anyone directly or indirectly em-
ployed by either of them. This insurance shall be written for not less than any limits of liability
specified as part of this contract. This insurance need not cover any liability imposed by Article 6
of the General Conditions. Certificates of such insurance shall be filed with the Owner if he so
requires.
Article 14. Owner's Liability Insurance—The Owner shall be responsible for and at his option
may maintain such insurance as will protect him from his contingent liability to others for dam-
ages because of bodily injury, including death, which may arise from operations under this contract,
and any other liability for damages which the Contractor is required to insure under any provision
of this contract.
Article 15. Fire Insurance—The Owner shall effect and maintain fire insurance upon the entire
structure on which the work of this contract is to be done to one hundred per cent of the insurable
value thereof, including items of labor and materials connected therewith whether in or adjacent
to the structure insured, materials in place or to be used as part of the permanent construction
including surplus materials, shanties, protective fences, bridges or temporary structures, miscel-
laneous materials and supplies incident to the work, and such scaffoldings, stagings, towers, forms,
and equipment as are not owned or rented by the contractor, the cost of which is included in the
cost of the work. EXCLUSIONS: The insurance does not cover any tools owned by mechanics,
any tools, equipment, scaffoldings, stages, towers, and forms owned or rented by the Contractor,
the capital value of which is not included in the cost of the work, or any cook shanties, bunk houses
or other structures erected for housing the workmen. The loss, if any, is to be made adjustable
• with and payable to the Owner as Trustee for the insureds as their interests may appear, except in
such cases as may require payment of all or a proportion of said insurance to be made to a mortgagee
as his interests may appear.
The Contractor and all sub-contractors shall be named or designated in such capacity as insured
jointly with the Owner in all policies, all of.which shall be open to the Contractor's inspection.
Certificates of such insurance shall be filed with the Contractor if he so requires. If the Owner fails
to effect or maintain insurance as above and so notifies the Contractor, the Contractor may insure his
—3—
own interest and that of the sub-contractor and charge the cost thereof to the Owner. If the Con-
tractor is damaged by failure of the Owner to maintain such insurance or to so notify the Contrac-
tor, he may recover as stipulated in the contract for recovery of damages. If extended coverage or
other special insurance not herein provided for is required by the Contractor, the Owner shall
effect such insurance at the Contractor's expense by appropriate riders to his fire insurance policy.
If required in writing by any party in interest, the Owner as Trustee shall, upon the occurrence
of loss, give bond for the proper performance of his duties. He shall deposit any money received
from insurance in any account separate from all his other funds and lie shall distribute it in accord-
ance with such agreement as the parties in interest may reach, or under an award of arbitrators
appointed, one by the Owner, another by joint action of the other parties in interest, all other pro-
cedure being as provided elsewhere in the contract for Arbitration. If after loss no special agree-
ment is made, replacement of injured work shall be ordered and executed as provided for changes in
the work.
The Trustee shall have power to adjust and settle any loss with the insurers unless one of the
Contractors interested shall object in writing within three working days of the occurrence of loss,
and thereupon arbitrators shall be chosen as above. The Trustee shall in that case make settle-
ment with the insurers in accordance with the directions of such arbitrators, who shall also, if
distribution by arbitration is required, direct such distribution.
Article 16. Liens—The final payment shall not be due until the Contractor has delivered to the
Owner a complete release of all liens arising out of this contract, or receipts in full covering all
labor and materials for which a lien could be filed, or a bond satisfactory to the Owner indemnifying
him against any lien.
Article 17. Separate Contracts—The Owner has the right to let other contracts in connection with
the work and the Contractor shall properly cooperate with any such other contractors.
Article 18. The Architect's Status—The Architect shall have general supervision of the work. He
has authority to stop the work if necessary to insure its proper execution. He shall certify to the
Owner when payments under the contract are due and the amounts to be paid. He shall make de-
cisions on all claims of the Owner or Contractor. All his decisions are subject to arbitration.
Article 19. Arbitration—Any disagreement arising out of this contract or from the breach thereof
shall be submitted to arbitration, and judgment upon the award rendered may be entered in the court
of the forum, state or federal, having jurisdiction. It is mutually agreed that the decision of the
arbitrators shall be a condition precedent to any right of legal action that either party may have
against the other. The arbitration shall be held under the Standard Form of Arbitration Pro-
cedure of The American Institute of Architects or under the Rules of the American Arbitration
Association.
Article 20. Cleaning Up--The Contractor shall keep the premises free from accumulation of waste
material and rubbish and at the completion of the work he shall remove from the premises all
rubbish, implements and surplus materials and leave the building broom-clean.
IN WITNESS WHEREOF the parties hereto executed this Agreement, the day and year first
above written.
STUPP BROS. BRIDGE & IRON COMPANY
Contractor ��
.. .. ..... ....../)
CITY OF JEFFERSON, MISSOURI
Owner By
—4—
• el
C A T
KNOW ALL MEN BY THESE PRESENTS, that We, STUPP BRAS. BRIDGE &a IRAN CO.
Y-LDERAL INSuIK A14CF, C T�2 1�►; X
as Principal and , as Surety,
are held and firmly bound unto the City of Jefferson, Missouri, in
HUNDRED 4Ki hY :mid 70/100-
the sum of ONE HUNDRED SEVEN THOUSAND FIVE DOLLARS C 1071580.,7
for payment whereof the Principal and Surety bind themselves, their
heirs, executors, administrators and successors, jointly and sever-•
ally, firmly by these presents.
WHEREAS, the Principal has, by means of a written agreement
dated this 7 h day of _ September , 19 61, entered into a
ANIL
qu contract with the City of Jefferson, Missouri, for Furnishin g &
Erection of Structural Steel and Tufcor as shown on t e drawings
and described in the s ecificationa entitled Jefferson Cit Parkin
arage, ap to venue an son treeti, a erson ty, ssour
re ared by SCHWARZ & VAX 'HOEFEN 'all in accordance with the terms,
ot e contract ocumen s$
NOW, THFRMRE, if the Principal shall faithfully perform and
fulfill all the undertakings, covenants, terms, conditions and agree-
ments of said contract during the original term of said contract, and
any extensions thereof that may be granted by the City of Jefferson,
Missouri, with or without notice to the Surety and during the life of
any guaranty required under the contract, and shall also faithfully
perform and fulfill all undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said
contract that may hereafter be made with or without notice to the
Surety; and shall also promptly make payment for materials, lubricants,
oil, gasoline, grain, hay, feed, coal and coke, repairs on machinery,
groceries and food stuffs, equipment and tools, consumed or used in
connection with the work set forth in the contract referred to above,
and all insurance premiums, both compensation, and all other kinds of
• insurance, on said work, and for all labor performed on such work at
the prevailing hourly rate of wages as set forth in the ordinance
authorizing and directing the public work which is the subject of the
contract hereinabove referred to, whether by the contractor, subcon-
tractor or otherwise, as provided for in said contract and in any and
all duly authorized modifications of said contract that may hereafter
be made, with or without notice to the Surety, then THIS OBLIGATION
SHALL BE VOID AND OF NO EFFECT, but it is expressly understood that
if the Principal shall make default in or should fail to strictly,
faithfully and efficiently do, perform and comply with any one or
more of the covenants, agreements, stipulations, conditions, require-
ments or undertakings, as specified in or by the terms of said con-
tract, and within the time named therein, then this obligation shall
be .binding upon each of the parties hereto and this bond shall remain
in full force and effect; and the same may be sued on at the instance
of any material man, laborer, mechanic, sub-contractor, individual or
otherwise to whom such payment is due, in the name of the City of
Jefferson, Missouri, to the use of any such person.
AND IT IS FURTHER SPECIFICALLY PROVIDED that any modifications
which may hereafter be made in the terms of the contract or in the
work to be done under it or the giving by the City of Jefferson,
Missouri, of any extension of the time for the performance of the
contract or any other foreberance on the part of either the City of
Jefferson, Missouri, or the principal to the other, shall not in any
way release the principal and surety, or either or any of them, their
heirs, executors, administrators and successors, from their liability
hereunder, notice to the Surety of any such extension, modifications
or forbearance being hereby waived.
IN WITNESS MMREOP, the ove bounden parties have executed
'the within instrument this �� day of ,..Sevte_mh„er , 1961
AS APPLICABLE:
A. Individual
Signature
B. Partnership
(signatures of Partners)
C. Corporation 8= Nas BRIDGE & IRON CO,
Pi Name
7
Signature of President /
FEDERAL INSURANCE COMPANY
Signature of the Surety
Signature� of Attgkm ey
In-Fact
NOTE: I
Surety shall attach
Power .of Attorney ;"1r,
_• Certified Copy of •� •ry
POWER OF ATTORNEY
lKaviv MIL Mien bg *s t 11regnita, That the FEDERAL INSURANCE COMPANY,90 John Street,New
York, New York,a New Jersey Corporation,has constituted and appointed, and does hereby constitute and appoint
Speed Warner, D. E. Casper, J. Re Thmvson Chester A. Miles Jane E, Johnston,
R. Me Hanes and John We Tucker of Kansas CLty, Missouri, W. �. Craig an& Earlene
C. Chiles of Jefferson City, Missouri; Dena Durand of Leawood, Kansas; Morton M.
Jones of Mission Hills, Kansas; Robert A. Braddock and Jay R. Warner of Kansas
City, Kansas and W. E. Manion of Mission, Kansas - - - - - - - - - - - - - - -
each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate
seal to and deliver for and on its behalf as surety, thereon or otherwise,bonds or obligations given or executed in
the course of its business, and any instruments amending or altering the same, and consents to the modification or
alteration of any instruments referred to in said bonds or obligations.
bt Witurso 301 prad. the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws,
caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto
affixed this 19th day of May 19 61
FEDERAL INSURANCE COMPANY
By
ti•0
Thos. R. Dew
Vice President
"Pi ERS
Frederick C. Gardner
Assistant Secretary
STATE OF NEW YORK
as.:
County of New York
On this 19th day of May 1961, before me personally came.Frederick C. Gardner,
to me known and by me known to be Assistant'Secretary of the FEDERAL INSURANCE COMPANY, the cor-
poration described In and which executed the foregoing Power of Attorney and the said Frederick C. Gardner
being by me duly sworn, did depose and say that he resides in the City of New York, in the State of New York;
that he is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof;
that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by author-
ity of the By-Laws of said Company and that he signed said Power of Attorney as Assistant Secretary of said
Company by like authority; that he is acquainted with Thos. R. Dew and knows him to be Vice President of said
Company, and that the signature of said Thos. R. Dew subscribed to said Power of Attorney is in the genuine hand-
writing of said Thos. R. Dew and was thereto subscribed by authority of said By-Laws and in deponent's presence.
~" Acknowledged and Sworn to before me
x=
on the date above written.
f. d•
Notary Publio
�111'ry�(/B���+• �* MARION J. McGRATH
��►►•.� ••Q. NOTARY PUBLIC, State of New York
'9�► a.•h••�•..•�Q No. 24-7837850
4F NEW Qualified in Kings County ,
Certificate filed in New York Cou t
Commission Expires March 30� 2
Form 12159E Rev.9.59 03629(5M)
CITY AND COUNTY OF NEW YORK: so
I,the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that
the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on
March 11, 1963 and amended September 14, 1969 and that this By-Law is in full force and effect.
"ARTICLE XIX. EXECUTION OF POLICIES, BONDS, ETC.
Section 2. All bonds, undertakings,contracts,powers of attorney and other instruments other
than as above for and on behalf of the Company which it is authorized by law or its charter to
execute, may and shall be executed in the name and on behalf of the Company either (1) by
its President, or a Vice President, or an Assistant Vice President,jointly with its Secretary,or
an Assistant Secretary, under their respective designations—except that:
(a) any officer or officers, agent or agents, attorney-in-fact or attorneys-in-fact, designated
in any resolution of the Board of Directors or Executive Committee adopted either before or
after the making of this By-Law, or in any power of attorney executed as provided for in this
section, may execute in the manner prescribed in such resolution or power of attorney or
authority any such bond, undertaking or other obligation which he or they shall be empowered
to execute by such resolution or power of attorney or authorization;"
And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the
original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that
said Power of Attorney has not been revoked.
And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact
fidelity and surety business in each of the States of the United States of America, Puerto Rico, and each of the
Provinces of the Dominion of Canada with the exception of Prince Edward Island; and is also duly licensed to
become sole surety on bonds, undertakings, etc., permitted or required by the laws of the United States.
even under my hand and seal of said Company at New York, N. Y., this day of
Ile cl�
Ansiatan Secretary
r
Section 2. Said ordinance shall take effect and be in
force from and after its passage and approval.
Passed: September 18, 1961. Approved: September /9� 1961
.. `....•�r C• • Il H AJJEY \i• i e
President of the Cox0cil Mayor
ATTEST:2-
HAROLD B. BAKER, Jr.
City Clerk
1. ..
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