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Home My WebLink Aboutbocc.con.068.1982 _ _ __ _ __ _. ;:%s=>ti'': . :� rS . !�� " r� `. �, y't'�e�:'�'E.. . . .y - .' •e.. "" y, ' '7 T"'t.f t�;j t x�ly "''�` (.jx' .;k?'l'tk y,q �_.' � � .. a. �A�;r±��d�.�3�'+.�I't:w.4�Y�9ti:�.x�it s'1'��',�i, ..�i��i7��F�,i�i�is5'.�i�r.`�wC;r.$iitY+4.�1tC«�.'4'.�,.': .. �ry�, ,,,,. '�.::: . � � • �:';':: r��, � �; '� C'/\� pitkin county � ��/ �,_� 506 east main street �^_� aspen, colorado 816'11 IW'f.M f S U B C 0 N T R A C T jE ; �! — — — : �;,�:f CA 68(82) �'. .L:::•� yy t�..� //!I . , �ti.� THIS AGREEMENT, made this �{ day of ��F�yg�a,7 , 1982, by er.: t�;� and between QUALITff CONCRETE, P.O. Box P., Carbondale, Colorado, 81623 , �'� hereinafter called the Subcontractor and the BOARD OF COUNTY COtAff5SI0NERS, �� ?:�-,� �� PITKIN COUNTY, hereinafter referred to as Pitkin County or Contractor. �;�;� WITNESSETH, that the Subcontractor and Pitkin County for the consideration �h' � hereinafter named agree as follows: � - �>r 2:; SECTION 1. The Subcontractor agrees to furnish all labor, materials, r �,;+� tools, plant, supplies, equipment, services, fuel, transportation and �;r:� drayage required to perform and complete to the entire satisfaction and acceptance of the Owner, all work as described in Section 2 hereof, �� a�`� for the construction of the Pitkin County Jail located in Aspen, +a.� Colorado. All work to be in strict accordance with plans as listed ;`� in Sections lOSA 6 B of the Contract Specifications; Instructions °,�� to Bidders; General Conditions; Amendments to AIA General Conditions; . Supplementary General Conditions; S ifications Dip spons 1 �hr�o_ygh � ;;� 5, 7 and 8; and Addenda lA, 2A, 33r-all as re ared b d'lU� • Caudill Gustafson 6 Associates Arc,��cts, P.C., P.O. Sox FP, /u.� � �', Aspen, Colorado 81611; Invitation/Instructions to Bidders and applicable Bid Forms--as prepared by Newstrom-Davis Construction Company of Colorado, '�"�:; P.O. Box 366, 2000 Id. Sth Avenue, Denver, Colorado 80201. The above 6'�$s referred contract documents, and other parts of the general contract i� ;3g documents hereafter referred to, are incorporated herein by th3s reference. ` t r. �, SECTION 2. The Subcontractor and the Contractor agree that the work to be '� done by the Subcontractor is as follows: Furnish all Labor, Material and �' Equipment to complete the forming of the Footings and Foundation fdalls, ''w including retaining walls; unload and place reinforcing steel in the footings and foundation walls, including retaining walls and including �` fumishing of tie wire and ��elding material and equipment; and placing �;�; of concrete, including hoisting/pumping, in footings and foundation walls and retaining walls. Concrete material and reinforcing steel materials by others. It is agreed that Pir. Serrold Potter will provide his personal supervision continuously at all times Quality Concrete personnel are on the project site. u:� ':. Page 1 of 6 ��"•� r-; .+:�.'' ,[ r - P �� 5'ah'bu`CS#`�'`�:"�."t�r�{�F 3 W�>,�.��.-x...�`7�S'4,f4� ��?,�:,,u; .`^;�f"�,';: �7,'�: r � ;<K� �' ud,7�:r�.� ,.;°. :t'�,�"..r,� � . ,,�,' � _ , `''y,. + � � .. . �:1 . � "�i. .. . �. • .. � . -'.\i`_,��..." ' ' '�� . ' I ` .. � ` � . '�r 'iS.\ ' � - � i7 . . .�•{i' �i .. •�� . - �•R � ,. .. � . ii.�. w ��iy�va'f;-,,, . a, Z,uoyr. �?:..5�#�v._ .�,'y�".� 1 ::"';;��° Y , .��,,.�3''=;�.,�j,�;.. . . � � �• - � ,S,;r.na-"r�}!'nf�i Y`y� s�f-r.�F�,' '�n.�r ,Lh�+��,�7�+y��:.n �. �A�� .....�r Y �`�tr��fi��%?�+Y,'��,-i ➢�, E"��,s`.:.M�t?t'r,ti�. +�''�r�� `.ln,suc?y�t�.. :{Y. � v4,+,Y?.i f+�e",�$A7,r`I., ..�_c,n.�{�!4�'.�'w��'�i1�.4�` �C:J:�lri.M..�J�.w�.'.tr�85Ea+.�.reri��9 . �c`.i�!v�'w'�..��'�.�1Gr� t ;1, . t . , � . �'u.. . . � SECTION 3. It is agreed that time is of the essence of this Subcontract and the Subcontractor agrees to furnish materials and skilled worlanen in sufficient quantities and number to complete the work in accordance with the Contractor's schedule and progress to be as directed by the Contractor, and to be fully re- sponsible for all loases and damages which accrue to the Contractor because of the Subcontractor's failure to perform as required by this Section. WORK MUST PROGRESS AS SCHEDULED BY NE[15TROM DAVIS CONSTRUCTION COMPANY. ' Should the Subcontractor at any time refuse or neglect to supply a � � sufficient number of properly skilled workmen, or sufficient materials of the �J� proper quality, or fail in any respect to prosecute the work with promptness � or diligence, or fail in the perfornance of any of the covenants herein con- �, tained, such refusal, neglect, or failure being certified by Newstrom Davis, New- strom Davis shall be at liberty, three days after service of written notice � on the Subcontractor (within which time the Subcontractor may perform such covenant), to provide any such labor or materials, and to cause, the de- duction of the cost thereof from any money then due, or thereafter to become �' due, to the Subcontractor under this Subcontract, and if �ewsttom Davis shall � �` certify that such refusal, neglect or failure is sufficient ground for such ��. action, Newstrom Davis shall also be at liberty to terminate the employment � of the Subcontractor for said work and to enter upon the premises and take possession, for the purpose of completing the work included under this � Subcontract, of all materials, tools and appliances thereori, and to employ any other person or persons to finish the work and to provide materials therefor; and in case of discantinuance of the employment of the Subcontractor, �' he shall not be entitled to receive any further payment under this Subcontract `•� until the said work shall be wholly finished, at which time, if the unpaid .` �''; Y,��' balance of the amount to be paid under this Subcontract shall exceed the expense incurred by Newstrom Davis in finishing such work, such excess shall � � be paid by Pitkin County to the Subcontractors, but if such expense shall C; exceed such unpaid balance, the Subcontractor shall pay the difference to ;�'i Pitkin County. The expense incurred by Newstrom Davis as herein provided � tj either for furnishing the materials or for finishing the work, and any • damages incurred through default of the Subcontractor shall be audited and • ��: certified to by Pitkin County, whose certificate thereof shall be conclusive ' �i. . �; upon the parties hereto. �- ';�$,i � E The failure of Newstrom Davis to enforce at any time any of the �- J provisions of this Subcontract, or to require at any time, perfoxtoance by the ;� �t 1� Subcontractor of any of the provisions hereof, shall in no way be construed i:� �I to be a waiver, nor in any way to affect the validity of this Subcontract or ji � �.'.� any part thereof or the right of the Contractor to thereafter enforce each and it� every provision. k,� 4'� SECTION 4. f (A) The Contractor agrees to pay the Subcontractor the following - �� sum of money in accordance with the provisions contained in �v � Section 6, Paragraph (B) and all other applicable provisions ' j� of this Subcontract: �= `' (a !� TEIIRTY-FIVE THOUSAND FOI7R HUNDRED SEVENTY DOLLARS...($35,470.00) (� (B) The Subcontractor agrees that the above price excludes all �. � sums for Sales and Use Taxes. � Pa e 2 of 6 �'A;' :� S �+�`,'°; ' y;�,:. .. � : . `:;'` ;. b r�Riut,`tlkir^,�'t, y�7.��ty'yYY{'.'S.x�'ii%is ra.:.. _s•.trv...� e;-r".Y�.ii.s-.^Rwz,..,;ti.ti+ Y, a.l�'y.`µ/d'.,.��;: 5,�5?.y,^C�. ,n4-Pt:-.�h- _?;wF3.�=..�: '.l . .,'�� . � . . . ,�1. . ~+� . . � .. ' � . . . . ;1 . ' . y.'.�^"�' . . ., .. ' � . . y. _ ; �� , ' ��' . .. � �I�. . ,t � ' � . _ . _.. :'�,�, ]a� � :�=7»�b..l.,wv, ;r;r '�:�l��r . j ' . ��^`�'�� _. . . r. i: 4 d�t�!.s�h!`+t��i d'�;� � �� M�+-� �"�"�°�,j�,',," � -�t� � � �f 1 E b a.l +'n2 .��x \`•'.�� "CM.. �� ...i�_ ,'�.*1�..�i�'.1�"'�:7h7.S!3��.�.....��lxu��.�'L��t, 1 �It>isi �, � t• `' i:-. �. • ^'I, . SECTION 5. Subcontractor agrees to be bound by the terms of the Contract ,� and all conditions, drawings, and specifications, so far as applicable to this Subcontract, and also by the following provisions: � The Subcontractor agrees: (A) To be bound to Pitkin County by the Contract, Drawings and Specificationa. (B) To submit to Newstrom Davis applications for payments by the � � 25th of each month as to enable Newstrom Davis to approve �;`' ! payments as set forth in the Contract Documents. y (C) To hold all monies received for the performance of this Subcontract in trust; to use said monies first for the pay- ment of labor and materials entering into this work and not _ to divert said monies to satisfy other obligations of the y Subcontractor on other contracts or for other purposes. �: �, . Y� (D) To indemnify and save harmless the Owner and Newstrom Davis against all costs of claims for transportation, freight ; and express, on men, materials and equipment to and/or :ti.r from the �oh, and for all other incidental expenses in � connection with his work, and to prepay the transporta- � �$ tion charges on all materials, etc. shipped. b:;$ �: (E) To carry and pay for (1) Workmen's Compensation Insurance; �r� and (2) Comprehensive General and Automotive Liability ,. � :� Insurance consisting of both bodily injury and property �` � d2mage coverage and including Contractural Liability �._, coverage. A]1 of said policies shall be in a sum and K with limits and in companies acceptable to Pitkin County. � �f� The Subcontractor shall furnish Newstrom Davis and Pitkin r County with copies of said policies or with certificates , �!';` showing names of the carriers, numhers of the policies and ! expiration dates, upon request. Subcontractor hereby agrees �'�. to defend at its own cost and to indemnify and hold harm- : , lesa Pitkin County and Newstrom Davis, its agents and employees, ' �'" from any and all lia6ility, damages, losses, claims and ex- �� penses howsoever caused, resulting directly or indirectly from ' 'r� or connected with the performance of this agreement, ir- ; (: respective of whether such liability, damages, losses, claims and/or expenses were actually or allegedly caused � wholly or in part through the negligence of Subcontractor +' " or any of its agents or employees, excepting only such � ? }"+�' liability, damages, losses, claims and expenses as shall � have been occasioned by the sole negligence of Newstrom Davis �� and Pitkin County, its agents and employees. ? ��' (F) To hereby accept full and exclusive liability for the pay- �; ment of any and all contributions or taxes for unemploy- � �.,r ment insurance and/or old age retirement benefit, pensions y or annuities, now or hereafter imposed by the government � ' of the United States and/or by the government of any state Page 3 of 6 j;�`;.; �=�ad;:�.r.,e,s»,y�Nl�,s+�?'v.�?,�.e.#s�,+."'`.'3?-�,cw a��r..�`�4p'�,,.:.=r� �3saeg�c+ vs�w.:t.,,ss;�,E.,o�+M,":�srx.+'car�,`x,K.�+['.�'r''��`��7 . . _ F. T.�� `r \— . . •e . . . . � . . � � � . . � . . . .. �,•�� . �� l.' . . . . ' . . e .Y. . . . . . A _ �� . \ ... . . . . . . '. L . � . . . . . . _ . . � . .,��,h•' � . � ' � ' � .. .. . 3 � .� I ,' ;.`r:�:�� 1 . a � - � - -- �._ _._��,.�� y�� ,-�'t�a w..�� . .. . ,. � , -.i�.� , .:� �} �� ..-A ��{��a�9ia' � ,p�� K�'�w �s��L/y r'��`nP�M��YOxv:': .. ry �l �a3�s Y.f !+ : ��, ,>.�. .".t:�`s.�i��_ uY"�:,rs��aG�'� �3�-�4 ! n�'�'.:�'a.i�ti�'��''3�Nt'� a .,r �;:»!��i�'��i'�, "S"`#i/s��w�M"«c'iu�.J.�:va,i.a �...'D�'ti5 .b�.v.� -� S. r . rt;; ' � t. � or terrirory of the United States which are measured by � the wa es salaries or other remunerations g , paid to persona employed by the Subcontractor on work performed under the terms of this Subcontract, and to pay any and all other contributions, taxes or asseasments required in the per- formance of the said Subcontract. (G) To not assign or subcontract this Contract nor assign any funds accrued or to accrue under thSs Contract without first �, obtaining the written consent of Newstrom Davis and Pitkin County i' and no such assignment shall be binding on Newstrom Davis or i? Pitkin County unless and until accepted in writing by Newstrom 1 Davis and Pitkin County. � � (H) To furnish on demand of Newstrom Davis receipts or other evi- °�' dences of payment af all labor, material, supplies and equip- �� ment furnished for this Subcontract by the Subcontractor, 4 which shall be satisfactory to Newstrom Davis. � (I) The Subeontractor is familiar with all guarantees and provi- sions covering defective materials or worla¢anship that are a � � part of the Contract Documente, and if any of the Sub- ; contractor's work muat be replaced or repaired during the � period of guarantee, this will be done without cost to S:-'',. Pitkin County. The Subcontractor will furnish all written � signed guarantees required by the Specifications and Contract. s`' i•:' (J) To submit through Newstrom Davis all samples and shop drawings � � ° required by the Contract Documents insofar as they apply to '� ��; � r.;. his work within five (5) days after notification � either orally or in writing, and to arrange for all tests of materials and equipment as required, and to obtain approval of � the proper authority (i.e. Architect, Engineer, etc.) before ' ', materials are delivered. 1.:.. (K) CLEAN UP of debris is mandatory at the end of each day. AfCer - - ane request by the Project Superintendent to cleaa up ia ignored, ' work will be done by Newstrom Davis and backcharged to this Sub- � �`' contractor at cost, plus a charge equal to 50% of the cost. PLEASE KEEP THIS PROJECT CLEAN. S� � (L) To take up all questions with the Architect and/or the Owner ;S only through Newstrom Davis. (M) To submit list of all material and/or equipment purchase '•: orders, indicating date of order, name of supplier and re- j � quired delivery date, to Newstrom Davis and Pitkin County �'i I within ten (10) days of the date of receipt of this Subcontract, ',,�,� and to submit to both within Cen (10) days after receipt of approval of shop drawings and/or suhmittals copies of eaeh ��' . factory acknowledgement confirming definite date of delivery :;-; � ' which date must camply with the Progtess Schedule. ��' �. (N) To protect all his materials and work from all hazards and '"`�'.' to be full res onsible for their condition until acce ted �� Y P P P;;4 i.' . by Newstrom Davis and also to be responsible for any damage 'Y<,:: caused hy him to the work or property of others, including, but ��.�;: not limited to, the property o£ Pitkin County. Winter protection �;"'-` shall be provided by Newstrom Davis. ��-." ` �s'�','.�:, :..t. Page G of 6 �rt�;.••; ` .. fld+.nn 3��d Fc+S^';'M�+'�^.`�^Si!.ti1M�.� V;, ..',�\n . »�.r�.. . ..- r r . �=rt.� ...... : .,-. .� J a'rae�" ''�'�l'?�I.Y�y$(��`t'' . . ar� �, ' � . � � ' .�li' • L ,� , f i �' . . ' . ... � . . . . � . ,'r' , � ' - � , ?, . . . . . � . . , . . ' :"5;�.�,•, , . •�.�- � ' _ .. .,4. A'��•?�'�+b1! � . _S..y!:.ti f-� � � %?.= . _''sk�,�, a. � .r;�n-.^.,-q t ' �4 t�kPt?l�u��. ` a QC-l�,+�4 '� �.� �?��`rob""�n�,�6-� . . ��j'AT.�fp}��,��u:�!�,xw.,, ��i°�' �.y,2'�, ,.�.at� J��^,��p'��`'��J';X' ,y'�i��.lti,r�''� 4� .�+'3F•�a1`1 �i.: � '�''� )� U'j.kv��..,. '��lr�.�i.u'�R9�i�+.�'��1k:�� .�ZYi�v'�-��Xa{�+•. . _ � isyd . _ �j y� . �'. �'E �i ` k. Z� � (0) To lay out and be responsible for the correctness of his work. (P) If the Subcontractor fails or refuses to remove and replace � any and all defective work or material, or work or material k,: ' not up to the requirements of said plans, drawings or speci- fications, attd Newstrom Davis shall have the right to take i'�� down and/or remove any and all such defective work and material r- �;' ' and require the same to be i�ediately removed from said �� premises and all at the cost, charge and expense of the `; � Subcontractor. • g_ (Q) To comply with the Contract requirements of the EQUAL EMPLOY- MENT OPPORTUNITY (EEO), established by the Congress, through Title VII of the Civil Rights Act of 1964, and the President's Executive Order 11246, September 24, 1965, and any amendments or changes which have been or will be made up to and including � the completion of this Subcontract. � (R) Notwithstanding any other provision contained herein, and � superceding any contrary term expressed herein, the Subcon- tractor agrees that in the event of any strike, picket, sym- � pathy strike, work stoppage, or other form of labor dispute " at the construction site, whether that dispute or picket is �� in connection with Newstrom Davis, the Subcontractor, Pitkin ,�' ;ir County, or any other Contractor or Subcontractor on this r" construction site, the Subcontractor will continue to perform tiy the work required herein without interruption or delay. In r the event the Subcontractor fails to continue the performance �` of the work included herein, without interruption or delay, ' '^ because of such picket or other form of labor dispute, Newstrom 't,.; . �� Davis may terminate the seroices of said Subcontractor after � giving forty-eight (48) hours written notice of an intent �'�� to do so. 7��y� During the performance of the work required by this Agreement '+�. the Subcontractor, its employees, and its suppliers, will use t' :E�, such entrance or entrances to the construction site that may t •, - f• be designated from time to time by Newstrom Davis. Flirther, •�: the Subcontractor agrees to perform the work included in this Agreement at such times of the day and days of the week as �+YA may be designated by Newstrom Davis. F:ti[ SECTION 6. Pitkin County agrees: �+ (A) To be bound to the Subcontractor by all the obligations k�,-��.�. under the Contract, drawings, and specifications and by �, all the provisions thereof according remedies and redress. �:; (B) To pay the Subcontractor not until Newstrom Davis approves � the amount allowed to the Subcontractor on account of the Subcontractor's work to the extent of the Subcontractor's �� interest therein. �` . �� :�. Pitkin County may retain from the amount owing Subcontractor �,: _ the percentage which is retained by Contract Doc�ent re— Page 5 of 6 � '': .�'. . _� � �}�y �.'+9NM.u!'a�� .._P�:.� 'M . 'ibs�!49l'�"�} ...b.".i'4d 4t:i . ... .w,.:'�"`b!•` . .,...rl.. '. •_.:��... ....:.�+'��C�IE.?�PF.-: , c'�ii�V'�4�iY+W�Y`M'�y �...`4;�r . �.. � . � . . . . . . ".� . . . - � , . . 'i). � ' 01 r . � � � � . . . ,� • � . \ . . . . . . . Y . . . . . . ! � . . � . . . '� . ;��•'' :,_ �,.;r� � .._. _ _ . . � ,.-�;�^,; _..,�:� � . _...... ,...:_._.. .rrrwa:.�um�wnir�.. ....—. ___.. �..�� ` i��.,,7i ., , ,�„M` �y.,y� ��y�.�Q� �, ��{ ��{`j�� ... �.-•...•_�.r.-��els.,-rJY '1.,�1 .•.• ri'.-,�� 1Lfs ::.a2Yt'S.�tT��7�a��.. .��..'a<Y�i::'L�_Ywa`.fiN'�iL�.�'�f • . . . l . y . .. � 'iTy . i; ` . i . � �i. ��'x. �'.I �:`��..-� - . "% quirements and such amount may be so retained until 1";:� such time as Pitkin County and Newstrom Davis approve r '� all emounts due. :�..,t s;_ However, no payment shall be in any respect taken as an ad- : �v:,i� mission by Newstrom Davis and Pitkin County of the amount '�,� of work done, its classification, quality, sufficieqcy or the �� sum due the Subcontractor, or an acceptance or release of the ? . .,� Subcontractor from responsibility under the terms of this �'+. ' ��•. Subcontract. ��, �{ K -4� �-_ (C) To give the Subcontractor an opportunity to be present and x '�: to submit evidence in any action involving his rights. �' SECTION 7. IT IS UNDERSTOOD AND AGREED that the Subcontractor has become �+ fully informed as to the nature and location of the work, the conformation � of the ground, the character, quality and quantity of the materials to t�'� be encountered, the character of the equipment and facilities needed for �: . the prosecution of the work, and all other matters which can in any way _ ;: affect the work under this Subcontract. �': . '��''.�. Subcontractor wi11 obtain written change orders for changes in the � work. Subcontractor will not be entitled to payment for any work for which �, a change order has not been obtained. ��''�, � �:� No verbal agreement or conversation with any agent or employee of ; ''� the Owner or the Contractor, either before or after execution of thfs ,s:, �?'. F;� Subcontract, shall affect or modify any of the terms or obligations . ;'r. herein contained. ' �. ; ,., � . 't�:' � ��:, i. 'i IN WITNESS WHEREOF, the parties hezeto have r�cecuted this Subcontract � k�.'. the day and year Eirst above written. ( �'� ! _ :,a�. , � : ; � �� :� �> - ` t M� Sub ontractor I 1 � � I ��Jr By / � � 1. � / By (Title ` C,NArAW AIJ .BOAQ9 el�eodd7Y�liMMlSSt/l�k . (Title) �T1G� LDJA�T� � Witness: F1ltness: ;� ' rr . � !.�• � ��i��.�L/Y+�l. i . °•€- � �.__ - Page 6 of 6 � ..,....,..�.....«.,,........,�a».�__—r- . .. �i!�w�:�..+u�;.�„�r.�cr m'�r�?:�k'�r.e�s,��.;'?�a+,�+f-�""c��vr�'�`3��$'F%��.� .. . . . . ...,. .� _ � ,.. . x.�„• .:,y,.�'.J` . ' . - � � � . � . � � . � . '.9 � � . .. . ' . • . . . ; . . � ��. . � � � . . . . . . � . _ _ ; • . . . . � - . . . � . .. . . . . _ ' . +�.. . , '�' � � I ' �. �� ... - . i N,�� ` Ty;\R�