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21.04.01 ICA Rocky Mountain Custom Landscaping CONSTRUCTION AGREEMENT THIS AGREEMENT is dated as of the 31ST day of MARCH in the year of 2021 by and between: Town of Avon, Colorado (hereinafter called OWNER)and ROCKY MOUNTAIN CUSTOM LANDSCAPES (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: Replacement of existing landscaping and cobble material with new landscaping and irrigation. Additional work includes replacement of the softball field with a grass field, placement of stone sitting blocks, installation of monument sign and conduit for future variable messaging sign. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: WEST NOTTINGHAM PARK IMPROVEMENTS 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 MAY 1, 2021 and JULY 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) CA-1 Article 5. PAYMENT PROCEDURES 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-1 to IB-6) CA-2 7.3 Performance and other Bonds, identified as exhibits A & B and consisting of 4 pages. 7.4 Notice of Award (page NA-1 to NA-2) 7.5 Construction Agreement(pages CA-1 to CA-6) 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, specifications and documents Iisted below by number, title, date and revision number with each sheet: SPECIFICATION LIST 01560 Temporary Controls 01570 Traffic Controls 02230 Site Clearing 02300 Earthwork 02374 Slope Protection and Erosion Control 02584 Manhole and Utility Adjustments 02630 Storm Drainage 02741 Asphaltic Concrete Paving 02742 Pavement Marking 02743 Asphaltic Concrete Rehabilitation 02751 Portland Cement Concrete CONSTRUCTION DRAWINGS Cover Page L0.1 Landscape Notes and Abbreviations L1.0 Demolition Plan L 1.1 Overall Landscape Plan L 1.2 Area A& B Enlargement Plan L 1.3 Area B&C Enlargement Plan L 1.4 Area D Enlargement Plan L5.I Landscape Details 7.10 Addenda numbers to 1 AND 2, inclusive 7.11 Contractors Bid (pages BF-1 to BF-3, inclusive) marked exhibit(attach Bid Form) 7.12 Documentation submitted by CONTRACTOR prior to Notice of Award(pages to CA-3 NA-I, inclusive) 7.13 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). 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 Iegal 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. CA-4 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on March 31, 2021. OWNER,Town of Avon, Colorado CONTRA R, c 17 M Cv,L " v Digitally signed by Eric Heil Eric Heil DN:cn=Eric Heil,0-Town of Avon,ou=Town Manager,email=eric@avon.org,c=US ByDate:2021.04.0213:30:11-06'00' By Attest Attest Address for giving notices: Address for giving notices: P.O. Box 975 r3 &U Avon, C081620 Cat{ ( Cc- 163I jhildreth@avon.org License No. Agent for service of process: CA-5 388 8 8881g8 80881 I 8'8 I83 R B-R2$8$ 5. $ ^ �2^8 " 8:18$8r•8tl8�88�3 88'888 s �n IE in ; 4 "a � e i 3ans al 3 aii k RR ��g�n x , ` ��N'n Y Mtlm � 2 N.ti.. N S - R -,e.•O jN Ni ' JO_I I I wNw r M1.rr r . - • I` r r. M .MIN. I -y . . w- N r + rrM NN NNr w_' NN I 888 88 24288 88RE8 8-,n:E88128 8 32OR4 8888 8S8R1888581 1 "gin ji I OE I:I $ Egli i yg RM414g,_ mp , - • Nr n ,n-p -OttlN.-NNn. - . J .r I IrNr •.N . _ _g_g— I8 8 8 . . . 8 8 88 8 8 I. 11. H . D p )LI N n• NN NN N N r::; : & 1 8 I a M wrrlrw rNM. N wN• ...r N N .......woo... 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W 1 m ilititlFaii Phi; Llgial i 1 ¢ m¢¢¢a¢ 1 . ,an ._ 0.Jal ell Ts t: _ ;•: ARVAP RSZ:71^3: Ico V -Nn a c^ _ m -eR KIR� I `�R' _ I I 88882 T aR� t 3 w F. m M� 8 ' 8 x ai r t D$� i« N M 2. 15 N n 8 8 xi 3 3 2f 4 WI &88gs Nz . s j4 : OOo�O� V 1 .0-.0 ix: I _ O 51 r 51 4 g-l0000 amaW a <muo£ Ec �fe � {e5 ;wcroio 3 Illll:L ROCKMOU-55 MSHUE ,d►coRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/23/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: GIA Group,LLC PHONE 1605 Grand Avenue (A/c,No,Ext): (970)945-9161 FAX No):(970)945-6027 L Suite K ADDRESS: Glenwood Springs,CO 81601 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:PinnaCOl Assurance 41190 INSURED INSURER B: Rocky Mountain Custom Landscapes&Associates,Inc INSURER C: PO Box 480 INSURER D: Eagle,CO 81631 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR W POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD VD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PECOT- LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ AUTOS ONLY NON-OWNEDUUO PROPERTY accident) DAMAGE UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N 4217301 7/1/2021 7/1/2022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:West Nottingham Park,850 W Beaver Creek Blvd CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Avon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 975 Avon,CO 81620 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD