21.02.26 SCA Tasman Geosciences, Inc. CONSTRUCTION AGREEMENT
THIS AGREEMENT is dated as of the 26th day of February in the year of 2021 by and between:
Town of Avon, Colorado (hereinafter called OWNER) and Tasman Geosciences, 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:
Asbestos mitigation, utility capping and demolition, proper disposal of regulated building
materials,building demolition, haul off, grading, and revegetation.
The project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows:
Former Town Hall Demolition Project
Article 2. ENGINEER
The Town of Avon, Colorado, Town Engineer, hereinafter called ENGINEER,will assume all
duties and responsibilities and will have the rights and authority assigned to ENGINEER and
OWNER in the Contract Documents in connection with completion of the Work in accordance
with the Contract Documents.
Article 3. CONTRACT TIME
3.1 The Work will be completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions. All work will be completed between
the dates of March 1, 2021 and June 1, 2021.
Article 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of Work in accordance with
the Contract Documents, in current funds, as follows:
(see attached copy of Contractor's Bid)
Article 5. PAYMENT PROCEDURES
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5.1 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 Article 14 of the General Conditions.
Article 6. CONTRACTOR'S REPRESENTATIVES
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the
contract documents, Work, locality, and with all local conditions and federal,
state, and local laws, ordinances, rules and regulations that in any manner may
affect the cost,progress, or performance of the Work.
6.2 CONTRACTOR has studied carefully all reports of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting the
cost, progress, or performance of the Work which were relied upon by
ENGINEER in the preparation of the Contract Documents, and which have been
identified in the Special Conditions.
6.3 CONTRACTOR has made or caused to be made examinations, investigations,
tests, and studies of such reports and related data in addition to those referred to in
paragraph 6.2, as he deems necessary for the performance of the Work at the
Contract Price, within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents; and no additional examinations,
investigations, tests, reports, or similar data are or will be required by
CONTRACTOR for such purposes.
6.4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the
Contract Documents.
6.5 CONTRACTOR has given ENGINEER any conflicts, errors or discrepancies that
he has discovered in the Contract Documents, and the written resolution thereof
by ENGINEER is acceptable to CONTRACTOR.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following:
7.1 Advertisement for Bid(page AB-1)
7.2 Instruction to Bidders (pages IB-] to IB-6)
7.3 Performance and other Bonds, identified as exhibits A& B and consisting of 4
pages.
CA-2
7.4 Notice of Award (page NA-1 to NA-2)
7.5 Construction Agreement (pages CA-1 to CA-5)
7.6 Notice to Proceed(page NP-1)
7.7 General Conditions (pages GC-1 to GC-45 , inclusive)
7.8 Special Conditions (pages SC-1 to SC-12 , inclusive)
7.9 Plans, consisting of a sheets listed below by number, title, date and revision
number with each sheet:
SHEET DESCRIPTION DATE
Former Town Hall Demolition Project
C-01 Cover Sheet 12-16-2020
C-02 Existing Conditions Plan 12-16-2020
C-03 Utility Demo Plan 12-16-2020
C-04 Site Demo Plan 12-16-2020
C-05 Grading Plan 12-16-2020
C-06 Sediment Control Plan 12-16-2020
C-07 Details 12-16-2020
7.10 Reports, listed below by consultant, title and date:
CONSULTANT TITLE DATE
HEALTHSAFE Asbestos Report 12-12-2017
DS ENVIRONMENTAL Asbestos Inspection Report 02-05-2020
DS ENVIRONMENTAL RBM's Inspection Report 02-05-2020
DS ENVIRONMENTAL Asbestos Inspection Report 04-09-2020
7.11 Addenda numbers to 2 , inclusive
7.12 Contractors Bid(pages BF-1 to BF-3, inclusive) marked EXHIBIT A (attach Bid
Form)
7.13 Documentation submitted by CONTRACTOR prior to Notice of Award(pages to
, inclusive)
7.14 Any Modification, including Change Orders, duly delivered after execution of
Agreement.
There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be altered, amended, or repealed by modifications (as defined in Article 1
of the General Conditions).
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Article 8. MISCELLANEOUS
8.1 Terms used in this Agreement,which are defined in Article 1 of the General
Conditions, shall have the meanings indicated in the General Conditions.
8.2 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, monies that
may become due and monies 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 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.
8.3 OWNER and CONTRACTOR each binds himself, his partners, successors,
assigns, and legal representatives to the other party hereto, his partners,
successors, assigns, and legal representatives in respect to all covenants,
agreements, and obligations contained in the Contract Documents.
Article 9. OTHER PROVISIONS
9.1 Pursuant to Section 24-91-103.6, C.R.S., the Owner hereby states that it has
appropriated an amount equal to or in excess of the Contract amount. Owner
shall not issue a Change Order or other form of order or directive requiring
additional compensable work to be performed, which work causes the aggregate
amount payable under the Contract to exceed the amount appropriated for the
original Contract, unless Contractor is given written assurance by the public entity
that lawful appropriations to cover the costs of the additional work have been
made.
9.2 Notwithstanding anything else contained herein, OWNER, in the event of an
unforeseeable event beyond the reasonable control of the Owner, including,
without limitation, acts of nature, fire, explosion, lightning, labor disputes, strikes,
acts of terror, epidemics or pandemics, material shortages or unavailability,
government laws or regulations, or war or civil disorder(each, a Force Majeure
Event), may suspend or terminate the Work or any portion of thereof by
providing notice in writing to CONTRACTOR and ENGINEER. In the case of a
suspension of Work pursuant to this Section 15.2, CONTRACTOR will be
allowed an increase in the Contract Price or an extension of the Contract Time, or
both, directly attributable to any suspension if he makes a claim therefor provided
in Articles 11 and 12. In the case of a termination due to a Force Majeure Event,
CONTRACTOR shall be paid for all Work executed and any expense sustained
plus reasonable termination expenses.
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IN WI I NI %% W111'RI't 11,the parties hereto have signed this Agreement in triplicate. One
counterpart each has been d It c,ed to()V►NI R.(.ON I RA( '1 OR.and I Nt HINI I R. All
portions of the Conti act I)o uments have ken signed of identified by()11'NI r R Mill
( ON I R 1( I OR or In I'Nt ilNI I-It on their hehall.
this Agreement will be e Elective on February 26,2101.
OW\I'R, I own of Avon,Colorado ('l)N I RA('I()R,
Digitally signed by Eric Heil
Eric H e iDN:cn=Erk Heil,o=Town of Avon,oe=Town
Manager,email=erkgavon.org.c-US Tasman Ocoee ieni es Inc.
1 I% Dale.2021 03 08 10:41 38.0700' I I%
West #4/' / Attest irifi62as.—.
Matthew Dean
Address for giving notices: Address for giving notices:
Town Engineer 6855 W. 119th Ave.
PO Box 975 Broomfield(()80020
Avon,CO 8162o
license No.
011974
Agent for sere ice of process:
Matt ens Dean
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EXHIBIT A
TOWN OF AVON
FORMER TOWN HALL DEMOLITION PROJECT
BID FORM
Tasman Geosciences, Inc.
PROPOSAL OF
An individual doing business as
A partnership consisting of
A corporation organized and existing under the Laws of the State of Colorado.
To: Town of Avon
P.O. Box 975
Avon, Colorado 81620
BASE BID
Pursuant to the Invitation to Bid and Instructions to Bidders, issued by the Town of Avon, Colorado,
furnish all labor and materials required for the Former Town Hall Demolition Project, Town of Avon,
Colorado, and appurtenant work as shown on the Drawings and Specifications, to be performed or
furnished by Contractor in accordance with the following Bid prices:
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
MOBILIZATION
1 Mobilization LS 1 $7,500.00 $7,500.00
2 Traffic Control LS 1 $3,500.00 $3,500.00
DEMOLITION, REMOVAL& DISPOSAL
3 Remove & Dispose of Soil Containing Friable CY 250 $200.00 $50,000.00
Asbestos (See Note 1)
4 Building Asbestos Remediation (See Note 1) LS 1 $202,232.00 $202,232.00
5 Site Demolition (See Note 2) LS 1 $10,310.00 $10,310.00
6 Utility Demolition (See Note 3) LS 1 $45,220.00 $45,220.00
7 Building Demolition (See Note 4) LS 1 $123,340.00 $123,340.00
SITEWORK
8 Install 6' Chain Link fence wl Green Screening LF 1,089 $7.32 $10,089.00
9 Erosion I Sediment Control LS 1 $8,467.00 $8,467.00
10 Excavation CY 1,844 $14.30 $26,369.20
11 Embankment (See Note 5) CY 1,459 $21.36 $31,164.24
•
12 Export CY 385 $31.00 $11,935.00
13 4"Asphalt (Parking Area at Tank Site) (See TON 28 $250.00 $7,000.00
Note 6)
14 Class 6 Aggregate Base Course (Parking Area TON 40 $280.00 $11,200.00
at Tank Site) (See Note 6) .
15 Topsoil Remove (4") & Stockpile CY 69 $30.00 $2,070.00
BF-1
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
16 Topsoil Replace CY 233 $35.00 $8,155.00
17 Topsoil Import CY 164 $35.75 $5,863.00
18 Revegetation (Includes Temporary Irrigation and $14,000.00 $6,020.00
Fencing) AC 0.43
TOTAL $571,235.44
I. Contractor is responsible for asbestos removal design plan and obtaining all required
permits including those from CDPHE.
2. Site Demolition—Includes concrete flat work, stairs, exterior columns, asphalt, trees,
boulder walls, flag poles, timber walls and any other site items noted on the plans and
designated for removal & disposal. Includes saw cutting as noted on plans.
3. Utility Demolition—Includes excavation of existing utilities, cutting, capping, removal &
disposal of AC equipment& snowmelt boiler including pads, removal of existing
underground gas tank, removal of overhead CA TV lines and any other utility items
noted on the plans and designated for removal & disposal or abandonment.
4. Elevator has been decommissioned and fluids removed.
5. Embankment includes a 10 % compaction factor.
6. Asphalt and Class 6 Road Base quantities include 10%Overage.
Five Hundred Seventy One Thousand, Two Hundred Thirty Five
1. Total Base Bid:
Dollars and 44_cents ($_571,235.44 )
2. Total Base Bid + Total Bid Alternates: N/A
Dollars and cents ($ )
Addenda
L-1 1/12/21 L-3 1/15/21 L-5
L-2 L-4 L-6
The Owner will act on this Proposal within forty-five(45)days following receipt. Upon acceptance and
award of the Contract to the undersigned by the Owner,the undersigned shall execute the Contract
Documents,and furnish Performance and Payment Bonds for the full amount of the Contract within ten
(10)calendar days to insure proper compliance with the terms and provisions of the Contract,to
guarantee the work until final completion and acceptance including the guarantee period stipulated,and to
guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of
the Contract.
Work under this Contract shall commence not later than March 1, 2021 and the undersigned shall cause
work to progress in a manner satisfactory to the Owner. Such work shall be completed no later than June
1, 2021,. The undersigned bidder further agrees to pay as liquidated damages the sum of$900.00 for each
consecutive calendar day thereafter, as hereafter provided in the Special Conditions.
The undersigned certifies that the bid prices contained in this Proposal have been carefully checked and
are submitted correct and final.
BF-2
Signed at ��"l 5 am ,this 21st day of January ,2021.
Tasman Geosciences,Inc.
- ie
Contractor's License No. Pending Approval
BF-3