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AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
ED PFAB CONSTRUCTION
THIS AGREEMENT made this 30'hday of July, 2002, by and between the County of Eagle,
State of Colorado, a body corporate and politic, ("County") and Ed Pfab Construction hereinafter
"Contractor."
For good and valuable consideration, including the conditions set forth herein, the parties
agree to the following:
1. Scope of Work: The Work shall be comprised of the tasks described in the Scope of
Work attached as "Exhibit B," ( which includes a bid form, drawings and specifications) to be
performed for the renovation of the Early Head Start Classroom located at the Basalt Middle
School in Basalt, Colorado in accordance with the attached floor plan and specifications by
October 1, 2002.
2. Contractor's Performance: Contractor shall be responsible for the completeness and
accuracy of the Work, supporting data and other documents prepared or compiled in performance
of the Work and shall correct, at its sole expense, all significant errors and omissions therein. The
fact that Eagle County has accepted or approved Contractor's Work shall not relieve Contractor
of any of its responsibilities. Contractor shall perform the work in a good and workmanlike
manner, in accordance with the standards of care, skill and diligence applicable to contractors
that perform similar work in this area and at the time of the project.
3. Time of Performance and Termination: Contractor shall commence the Work within
five (5) business days after the date of this Agreement. All work shall be completed no later than
October 1, 2002.
4. Compensation and Payment: In consideration of its performance of the scope of work,
Contractor shall be paid a total fixed price of $48,300.00 (Forty-eight thousand three hundred
dollars). This fee is the total amount payable to Contractor for performance of the Work,
including time and Direct Expenses. Direct Expenses are direct costs incurred in conjunction
with the project, including but not limited to, telephone, facsimile, postage, delivery fees,
mileage reimbursement, vehicle rental, housing, meals, entertainment, photocopies, photo
reductions, film processing and miscellaneous and normal job material costs. Payment shall be
made as follows:
A. Contractor shall submit to County monthly invoices of progress made during
the previous calendar month. Such invoices shall segregate the charges for work done by task,
and shall describe the Work performed, including the percentage of completion Contractor
contends was accomplished during the month. Upon request, Contractor shall provide County
with such other supporting information as County may request.
B. Contractor's proper invoice shall be payable within thirty (30) days after
submittal by Contractor together with submission of any required clarification and
documentation less ten percent (10%) which shall be held by County and paid as part of the final
settlement pursuant to C.R.S. 38-26-107.
C. Contractor shall submit to Eagle County a final invoice no later than October
15, 2002 at completion of the scope of work. Upon completion of the scope of work and receipt
of invoice, County shall pay all proper charges subject to final settlement requirements and time
periods set forth in C.R.S. 38-26-107.
D. The parties hereto recognize that the scope of the work may change. When
Contractor believes that the scope of the Work has been changed or that by reason of a decision
of Eagle County it will be required to redo properly completed Work, Contractor shall
immediately advise Eagle County of such belief and shall also provide a statement of the
maximum additional charges for such work. Contractor shall not be entitled to be paid for any
such additional work unless and until Eagle County agrees in writing that the scope of the work
has changed and accepts the statement of the maximum additional charges.
E. If additional services are required beyond the scope of work, they shall be
separately negotiated and agreed to by both Eagle County and Contractor prior to Contractor
performing the additional service.
5. Project Management: Ed Pfab shall be designated as Contractor's Project Manager for
the Work. Kathleen Forinash shall be Eagle County's manager responsible for this Agreement.
All correspondence between the parties hereto regarding this project shall be between and among
the project managers. Either party may designate a different project manager in writing.
6. Independent Contractor: It is expressly acknowledged and understood by the parties
hereto that nothing contained in this Agreement shall result in, or be construed as establishing an
employment relationship. Contractor shall be, and shall perform as an independent contractor.
No agent, employee, or servant of Contractor shall be, or shall be deemed to be, the employee,
agent or servant of County. Contractor shall be solely and entirely responsible for its acts and for
the acts of Contractor's agents, employees, servants and subcontractors during the performance
of this Agreement.
7. Personnel: Contractor understands and acknowledges that Eagle County is relying
primarily upon the expertise and personal abilities of Ed Pfab. This Agreement is conditioned
upon the continuing direct personal involvement of Ed Pfab in the Work. Eagle County
understands that other employees of Contractor will be working on portions of the Work;
however, these employees shall be under the direct supervision of Ed Pfab at all times. In the
event that Ed Pfab is unable to remain involved in the Work, Contractor shall immediately notify
Eagle County and Eagle County shall have the option to terminate this Agreement.
8. Ownership of Documents: All documents which are obtained during or prepared in the
performance of the Work which are copyrighted shall remain the property of Eagle County and
are to be delivered to Eagle County's project manager before final payment is made to Contractor
or upon earlier termination of this Agreement.
9. No Assignment: The parties to this Agreement recognize that the services to be
provided pursuant to this Agreement are professional in nature and that in entering into this
Agreement, Eagle County is relying upon the personal services and reputation of Ed Pfab
Construction and Ed Pfab. Therefore, Contractor may not assign its interest in the Agreement,
including the assignment of any rights or delegation of any obligations provided therein, without
the prior written consent of Eagle County, which consent Eagle County may withhold in its sole
discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of
the parties hereto, and their respective successors and assigns, and shall not be deemed to be for
the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement.
10. Notices: Any notice and all written communications required under this Agreement
shall be given by personal delivery, courier delivery or facsimile transmission together with a
"hard copy" by United States mail, or first class mail, to the appropriate party at the following
addresses:
Co un Director
Eagle County Health and Human Services
P.O. Box 660
Eagle, CO 81631
The Contractor: Ed Pfab
Ed Pfab Construction
0422 Sopris Creek Rd.
Basalt, CO 81621
Notices shall be deemed given on the first to occur of delivery, transmission by
facsimile(if transmitted during customary business hours, or the following business day if not), or
three calendar days after deposit in the mails as applicable.
11. Miscellaneous:
A. Contractor shall not discriminate against any employee or applicant for
employment to be employed in the performance of this Agreement on the basis of race, color,
religion, national origin, sex, ancestry, physical handicap, sexual orientation, age, political
affiliation, or family responsibility. Contractor shall require all subcontractors to agree to the
provisions of this subparagraph.
B. The making, execution and delivery of this Agreement by the parties hereto
has not been induced by any prior or contemporaneous representation, statement, warranty or
agreement as to any matter other than those herein expressed. This Agreement, including Exhibit
"A" General Conditions and Exhibit "B" Scope of Work embodies the entire understanding and
agreement of the parties, and there are no further or other agreements or understandings, written
or oral, in effect between them relating to the subject matter hereof. This Agreement may not be
amended, including by any modification of, deletion from or addition to the Scope of Work
except by written document of equal formality executed by both parties hereto.
C. This Agreement shall be governed by and construed in accordance with the
internal laws of the State of Colorado, without reference to choice of law rules. The parties agree
that venue for any action to enforce or interpret this Agreement shall be in the District Court in
the Fifth District for the State of Colorado.
D. This Agreement does not and shall not be deemed to confer upon or grant to
any third party any right enforceable at law or equity arising out of any term, covenant, or
condition herein or the breach thereof.
E. Contractor shall maintain records pertaining to this Agreement for a minimum
of three years and may be subject to audit by federal, state or county auditors or their designees,
as requested. If misuse of funds is discovered by an auditor, the Contractor shall return said
misused funds to the County.
F. The Contractor hereby authorizes the County to perform audits or make
inspections during normal business hours for the purpose of evaluating performance under this
Agreement.
G. Contractor shall comply with all applicable rules and laws governing the Work
in Colorado.
H. The Contractor shall be responsible for safeguarding and returning the key to
the Basalt Middle School. If Contractor loses the key, it will be solely responsible for payment of
the school re -keying of $5,000.00
I. In the event of litigation in connection with this Agreement, the prevailing
party shall be entitled to recover its attorney fees and costs, staff time, and other claim related
expense.
J. The invalidity or unenforceability of any provision of this Agreement shall not
affect the other provisions hereof, and this Agreement shall be construed as if such invalid or
unenforceable provision was omitted.
K. The Contractor will comply with all Federal statutes relating to non-
discrimination. These include but are not limited to: Title VI of the Civil Rights Act of 1964
which prohibits discrimination on the basis of race, color or national origin; Title IX of the
Education Amendments of 1971 which prohibits discrimination on the basis of sex; Section 504
of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of handicaps; the
Age Discrimination Act of 1975 which prohibits discrimination on the basis of age; the Drug
Abuse Office and Treatment Act of 1987 relating to non-discrimination on the basis of drug use;
and, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 relating to non-discrimination on the basis of alcohol abuse or
alcoholism.
L. The Contractor will comply, as applicable with the provisions of the Davis -
Bacon Act, the Copeland Act and the Contract Work Hours and Safety Standards Act regarding
labor standards for federally assisted construction subagreements.
12. Budget Appropriation: Notwithstanding anything to the contrary contained in this
Agreement, Eagle County shall have no obligations under this Agreement nor shall any payment
be made to Contractor in respect of any period after any December 31 of each calendar year
during the term of this Agreement, without an appropriation therefor by Eagle County in
accordance with a budget adopted by the Board of Eagle County Commissioners in compliance
with applicable provisions of law.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
COUNTY OF EAGLE, STATE OF COLORADO
By and throug# ' Boar,& County.Qpmmissione
Michael
Ed Pfab Construction
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Exhibit A
GENERAL CONDITIONS
1. Contractor shall provide and pay for labor, specified materials, equipment, tools, licenses,
transportation, and other facilities and services necessary for proper execution and completion of
the Work.
2. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the
nature and location of the Work, and the general and local conditions which can affect the Work
or the cost thereof. Any failure by Contractor to do so will not relieve him from responsibility for
successfully performing the Work without additional expense to Eagle County. Eagle County
assumes no responsibility for any understanding or representations concerning conditions made
by any of its officers and employees prior to the execution of this Agreement, unless such
understanding or representations are expressly stated in the Agreement.
3. Before commencing activities, Contractor shall: (1) take field measurements and verify field
conditions; (2) carefully compare this and other information known to. Contractor with the
Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to Eagle
County.
4. Contractor shall supervise and direct the Work. Contractor shall be solely responsible for
coordinating all portions of the Work.
5. Contractor, as soon as practicable, shall furnish in writing to the Eagle County the names of
subcontractors and suppliers for each portion of the Work.
6. No charge shall be made by Contractor for hindrances or delays from any cause whatever
during the progress of any portion of the Work, unless such hindrance or delay is caused in whole
or in part by acts or omissions within the control of Eagle County. In any event, Eagle County
may grant an extension of time for the completion of the Work, provided it is satisfied that delays
or hindrances were due to causes outside Contractor's control, e.g., weather, or to acts of
omission or commission by Eagle County, provided that such extensions of time shall in no
instance exceed the time actually lost to Contractor by reason of such causes, and provided
further that Contractor shall have given Eagle County immediate (as determined by the
circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or
delay.
7. Contractor warrants to Eagle County that the Work will conform to the requirements of the
Agreement.
8. Contractor's Insurance:
Contractor shall purchase and maintain in a company or companies to which Eagle
County has no reasonable objection such insurance as will protect Contractor and Eagle County
from claims which may arise out of or result from Contractor's operations under the Agreement,
whether such operations be by himself or by any subcontractor or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable.
The insurance required shall be written for not less than any limits of liability required by
law or by those set forth below, whichever is greater. All such insurance shall be written by
companies authorized to do insurance business in the State of Colorado.
a. Workmen's Compensation including occupational disease, and Employer's Liability
Insurance in amounts and coverage as required by the laws of Colorado.
b. Comprehensive General Liability Insurance - Contractor shall maintain a
Comprehensive General Liability Form of Insurance with bodily injury liability limits of
$500,000 for any one (1) person in any one occurrence and $1,000,000 for two (2) or more
persons in any one occurrence and with property damage liability limits of $500,000 in any one
occurrence.
c. Contractor shall maintain Professional Liability Insurance with minimum coverage
limits of $500,000 per occurrence, $1,000,000 aggregate.
Certificates of Insurance: Certificates of Insurance acceptable to the Eagle County shall
be filed with Eagle County prior to commencement of the Work. These Certificates shall contain
provisions naming Eagle County as an additional insured under Contractor's insurance, and that
coverage afforded under the policies will not be canceled until at least thirty days prior written
notice has been given Eagle County. Contractor and his subcontractors shall not permit any of his
subcontractors to start Work until all required insurance have been obtained and certificates with
the proper endorsements have been filed with the Eagle County. Failure of the Contractor to
comply with the foregoing insurance requirements shall in no way waive Eagle County's rights
hereunder.
Subcontractors: Before permitting any of his subcontractors to perform any Work under
this contract, Eagle County shall either (a) require each of his subcontractors to procure and
maintain during the life of his subcontracts, insurance of the types and in the amounts as may be
applicable to his Work, which type and amounts shall be subject to the approval of Eagle County,
or (b) insure the activities of his subcontractors in his own policy.
9. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Eagle
County, its board, commissioners and employees, from and against claims, damages, losses and
expenses, including but not limited to attorneys' fees, arising out of or resulting from
performance of the Work, provided that such claim, damage, loss or expense is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other
than the Work itself) including loss of use resulting therefrom, but only to the extent caused by
negligent acts or omissions of the Contractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss
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or expense is caused in part by a party indemnified hereunder.
10. After execution of the Agreement, changes in the Work may be accomplished by Change
Order or by order for a minor change in the Work. Eagle County, without invalidating the
Agreement, may order changes in the Work within the general scope of the Agreement consisting
of additions, deletions or other revisions.
a. No Change Orders or other form of order or directive which requires additional
compensable work to be performed may be issued or be effective unless
accompanied by a written assurance to the Contractor that lawful appropriations to
cover the costs of the additional work have been made.
b. A Change Order shall be a written order to the Contractor signed by Eagle County
to change the Work.
C. County will have Eagle County to order minor changes in the Work not involving
changes in the Contract Price or the Contract Time. Such changes shall be written
orders and shall be binding on the Contractor and Eagle County. Contractor shall
carry out such written orders promptly.
11. Contractor warrants and guarantees that all work, materials, and equipment covered by any
application for payment, whether incorporated in the project or not, will pass to Eagle County at
the time of payment free and clear of all liens, claims, security interests, and encumbrances (in
these General Conditions referred to as "Liens").
12. Final payment is subject to the Final Settlement requirements and time periods set forth in
C.R.S. §38-26-107.
13. Contractor's obligation to perform and complete the Work in accordance with the contract
documents shall be absolute. Neither the recommendation of any progress or final payment nor
the payment by Eagle County to Contractor under the contract documents, nor any use or
occupancy of the Work or any part thereof by Eagle County, nor any act of acceptance by Eagle
County, nor any failure to do so, nor any correction of defective Work by Eagle County shall
constitute an acceptance of Work not in accordance with the contract documents or a release of
Contractor's obligation to perform the Work in accordance with the contract documents.
14. If Contractor fails to correct Work which is not in accordance with the Agreement, Eagle
County may direct the Contractor to stop the Work until the correction is made.
15. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement
and fails within a seven day period after receipt of written notice from Eagle County to correct
such default or neglect with diligence and promptness, Eagle County may, without prejudice to
other remedies, correct such deficiencies. In such case, the Agreement may be terminated by
Eagle County or a Change Order shall be issued deducting the cost of correction from payments
due the Contractor.
16. Contractor shall promptly correct Work rejected by Eagle County as failing to conform to
the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected
Work.
17. Contractor warrants and' guarantees to Eagle County that all Work will be in accordance
with the Contract Documents.
18. Eagle County may terminate this Agreement, in whole or in part, for its convenience upon
providing written notice, by delivery or by mail, to Contractor. Upon such termination, Eagle
County shall be liable only for Work satisfactorily completed prior to .the notice and for
unavoidable expenses directly incurred for performance of those parts of the Work which have
not been satisfactorily completed, provided that, at its sole option, Eagle County may require that
Contractor complete particular tasks or subtasks on a time and reimbursable expenses basis.
Upon termination Contractor shall deliver to Eagle County all photographs, drawings,
illustrations, text, data, and other documents entirely or partially completed, together with all
material supplied to Contractor by Eagle County. Payment will be due within thirty (30) days
after Contractor has delivered the last of the partially completed documents, together with any
records that may be required to determine the amount due.
19. In the event of any conflict between the provisions of these General Conditions and the
Specifications or the Agreement, the terms of the Specifications or the Agreement, as the case
may be, shall control.
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• ,.13 970927�, j I GALE GATES 1®/ PAGE 01
BID FORM
EARLY HEAD START CLASSROOM
BASALT MIDDLE SCHOOL
BASALT. CO
Division 1
Division 2
Division 8
General conditions
Concrete demolition & patching
Doors
Division 9
Gypsum wallboard partitions
Resilient flooring
Painting
Division 10
Division 11
Division 15
Toilet and bath accessories
Unit kitchen
Plumbing fixtures & trim
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Division 16
Electrical
Overhead & profit ( %) m 07/- eo p
Total
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EARLY HEAD START CLA55ROOM FACILITY
Early Head Start Classroom Renovation - July, 2002
Basalt Middle School
Basalt, CO
Specifications:
General Conditions:
The Contractor shall obtain all necessary permits and approvals.
The Contractor will remove overhead electrical bars and debris currently in the room.
Upon completion of work, job site shall be left clean and ready for occupancy.
Doors:
Provide 3-0 x 7-0 hollow metal doors and frames with 45 minutes label. Match existing doors
and frames. Provide bored cylindrical locks to match existing hardware. Key all locks as
directed by the school principal. Provide privacy feature at Bath lock.
Gypsum wallboard partitions:
Wall 01 : steel stud 5/8" .SHEETROCK brand FIRECODE gypsum panels. 3-5/8" USG
studs 24" o.c. single layer panels vertical or horizontal application and screw attached. Joints
staggered and finished. Perimeter caulked.. USG Multi -purposes Texture Finish.
Wall 02 : same as well 01 but 8-0 high, no ceiling (except at bath provide 8-0 ceiling,
925SJ16 joists, 24" o.c.
Resilient Flooring:
Mannington Commercial, standard vinyl composition tile. All floor surfaces except indicated as
carpet.
Carpet:
Aladdin, Publication.
Painting:
Sherwin Williams, Pro Mar 200, Dover White # 1648. Paint new and existing walls and
ceilings. Mask factory finished items. Paint stairs to match existing color.
Toilet and Bath Accessories :
Manufacturer: American Specialities Inc.
Paper Towel Dispenser
0210
Toilet Paper Dispenser
0030 ( 2 required)
M-1 Mirror
0625
CT baby changing station
9012
Grab Bars
3450
Install all items at ADA mounting heights.
More...
Early Head Start Classroom Renovation - July, 2002
Basalt Middle School
Basalt, CO
Page 2
Kitchen :
Provide Cervitor unit kitchen and infant/toddler area as specified in attachments with required
plumbing and electrical work for a refrigerator, stove, sink and microwave. Provide and install
mid -range refrigerator, stove and microwave
Plumbing Fixtures and Trim:
Provide fixtures by American Standard
T-1 2162.100
T-2 2108.408
L-1 9141.011 /7490.172H
If access to the sewer system is not available within the room, another quote to tie into the
system down the hall will be obtained.
Electrical :
Fan light, Broan HD80L
Wall light, Alkco 6220
QShopping List
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ELECTRICAL / PLUM13ING HOUGH -IN LOCATIONS
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10775 Lower Az use Road, El Monte. CA 91731-1351
(WO) 523 2666 • IN CALIFORNIA (526) 443-0184
FAX (624i) 443-0400
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