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Notthingham Rd Basin 4 Sediment Pond and Channel Improvements Project: Construction Agreement CA-1 Form Approved by Town Attorney - 04/2024 CONSTRUCTION AGREEMENT THIS CONSTRUCTION AGREEMENT (“Agreement”) is entered into this 22nd day of April, 2024 by and between: The Town of Avon, Colorado (hereinafter referred to as “OWNER”) and H&L Concrete, Inc. dba Naranjo Civil Constructors, Inc (hereinafter referred to as “CONTRACTOR ”). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents (defined below). The Work is generally described as follows: Clearing and grubbing, erosion control, channel and sediment pond grading, excess material haul off, Flexamat installation, concrete weir installation, soil preparation, seeding, and asphalt driveway replacement within the project area. Article 2. THE PROJECT 2.01 The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: NOTTINGHAM ROAD BASIN 4 SEDIMENT POND AND CHANNEL IPROVEMENTS PROJECT (hereinafter referred to as the “Project”). Article 3. ENGINEER 3.01 The Avon Town Engineer shall serve as construction management engineer (hereinafter referred to as “ENGINEER”) and who is to act as O WNER’S Representative, 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 4. CONTRACTOR’S REPRESENTATIVES In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 4.01 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. DocuSign Envelope ID: F2D172E3-98F0-4AFE-AEE7-9CBCA8BCCEEB CA-2 Form Approved by Town Attorney - 04/2024 4.02 CONTRACTOR has carefully studied 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. 4.03 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 above, 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. 4.04 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 4.05 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 5. CONTRACT TIME 5.01 TIME IS OF THE ESSENCE A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 5.02 DAYS TO ACHIEVE SUBSTANTIAL COMPLETION AND FINAL PAYMENT A. CONTRACTOR shall achieve Substantial Completion within 75 calendar days of the issuance by the O WNER of a Notice to Proceed and shall finally complete the Work so that it is ready for final payment within 90 calendar days of the issuance by the O WNER of a Notice to Proceed. 5.03 LIQUIDATED DAMAGES A. Should the CONTRACTOR fail to complete the Work, or any part thereof, in the time stipulated in the Agreement or within such extra time as may have been allowed for delays by extensions granted as provided in the Contract Documents, the CONTRACTOR shall reimburse the OWNER for the additional expenses and damage for each calendar day, Sundays and holidays excluded, that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage, in curred by reason of failure to complete the Work, is $1,500.00 per day and will be doubled to $3,000.00 per day after 30 days. The said amounts are hereby agreed upon as liquidated damages for the loss to the OWNER because of the impracticability and extr eme DocuSign Envelope ID: F2D172E3-98F0-4AFE-AEE7-9CBCA8BCCEEB CA-3 Form Approved by Town Attorney - 04/2024 difficulty of fixing and ascertaining the actual damages the OWNER would, in such event, sustain. B. It is expressly understood and agreed that this amount is not to be considered in the nature of a penalty, but as liquidated damages which have accrued against the CONTRACTOR; and the OWNER is authorized to deduct the amount of such damages from any monies due the CONTRACTOR for Work performed or material furnished under this Agreement and the CONTRACTOR and his Sureties shall be liable for any excess C. In the event that this section conflicts with any other provision regarding liquidated damages within the Contract Documents, this section shall control. Article 6. CONTRACT PRICE 6.01 O WNER shall pay CONTRACTOR Three Hundred Forty-Nine Thousand Six Hundred Ten dollars ($349,610) for completion of the Work as full compensation for everything furnished and done by C ONTRACTOR under this Agreement, including all loss or damage arising out of the work or from the action of the elements; for any unforeseen obstruction or difficulty encountered in the prosecution of the work, including increased prices for or shortages of materials for any reason, including natural disasters; for all risks of every description associated with the work; for all expenses incurred due to the suspension or discontinuation of the work; and for well and faithfully completing the work as provided in this Agreement. Article 7. PAYMENT PROCEDURES 7.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment to the O WNER on a monthly basis, which shall be processed by the E NGINEER . 7.02 Progress Payments; Retainage A. O WNER shall make progress payments towards the Contract Price, less five percent (5%) for retainage, on the basis of C ONTRACTOR’S Applications for Payment, as verified and recommended by E NGINEER, on or about the twenty-fifth (25th) day of each month during performance of the Work. In the E NGINEER’S discretion, the O WNER may withhold some or all of a progress payment where the C ONTRACTOR’S Application for Payment does not reflect the actual amount of the Work completed. 7.03 Final Payment A. Upon final completion and acceptance of the Work as recommended by the E NGINEER, O WNER shall pay the remainder of the Contract Price, including any retainage previously withheld. Article 8. PROJECT WARRANTIES DocuSign Envelope ID: F2D172E3-98F0-4AFE-AEE7-9CBCA8BCCEEB CA-4 Form Approved by Town Attorney - 04/2024 8.01 CONTRACTOR’S warranties in respect of the Work (the “Project Warranties”) are as follows: C ONTRACTOR warrants to O WNER that the Work shall be fit for its intended purposes, that materials and equipment furnished under this Agreement shall be of good quality and new, that all Work shall be free from defects and that all Work shall meet all of the requirements of this Agreement. C ONTRACTOR shall furnish satisfactory evidence that it has met the Project Warranties. The Project Warranties shall commence on the date CONTRACTOR achieves final completion of the Work satisfactorily to OWNER. If at any time within two (2) years after the date on which the Project Warranties commenced, any portion of the Work is found to be not in accordance with the Project Warranties, CONTRACTOR shall correct it promptly after receipt of notice from O WNER to do so unless O WNER has previously given CONTRACTOR a written acceptance of such condition. Article 9. INSURANCE 9.01 Insurance Requirements A. CONTRACTOR shall not commence work under this Agreement until CONTRACTOR has obtained all insurance required under Article 5 of the General Conditions and the insurance has been approved by the Town Manager or his designee. The Town of Avon shall be named as an additional insured. Certificates of insurance shall be issued prior to execution of the Notice to Proceed. Additionally, CONTRACTOR shall not al low any approved subcontractor to commence work on his or her subcontract until all similar insurance required of subcontractor has been so obtained and approved. Article 10. CONTRACTOR’S REPRESENTAT IONS 10.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined, carefully studied, and familiarized himself with the nature and extent of the Contract Documents and the other related data identified in the Bidding Documents as well as work, locality, and 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 works. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the work in addition to carefully studying 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 the ENGINEER in the preparation of the Contract Documents and which have been identified in the Special Conditions. C. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) any examinations, investigations, explorations, tests, studies, and data concerning conditions at or contiguous to the Site which may affect cost, progress, or performance of DocuSign Envelope ID: F2D172E3-98F0-4AFE-AEE7-9CBCA8BCCEEB CA-5 Form Approved by Town Attorney - 04/2024 the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by C ONTRACTOR , including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by C ONTRACTOR, and safety precautions and programs incident thereto. D. CONTRACTOR does not believe that any further examinations, investigations, explorations, tests, studies, or data are necessary or will be required by CONTRACTOR for the performance of the Work at the Contract Price, within the Contract Times, and in accord ance with the other terms and conditions of the Contract Documents. E. CONTRACTOR is aware of the general nature of work to be performed by O WNER and others at the Site that relates to the Work as indicated in the Contract Documents. F. CONTRACTOR has correlated the information known to C ONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. G. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. I. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective within two (2) years of Substantial Completion. J. CONTRACTOR is organized, validly existing and in good standing under the laws of the State of Colorado and has all requisite power to own its properties and assets and carry on its business as now conducted or proposed to be conducted. Article 11. CONTRACT DOCUMENTS 11.01 CONTENTS A. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, are incorporated by reference as if fully set forth herein, and consist of the following: 1. Advertisement for Bid (page AB -1 to AB -2) 2. Instruction to Bidders (pages IB -1 to IB-6) 3. Performance and other Bonds, identified as exhibits A & B and consisting of 4 pages. DocuSign Envelope ID: F2D172E3-98F0-4AFE-AEE7-9CBCA8BCCEEB CA-6 Form Approved by Town Attorney - 04/2024 4. Notice of Award (page NA-1) 5. Construction Agreement (pages CA-1 to CA-9) 6. Notice to Proceed (page NP-1) 7. General Conditions (pages GC-1 to GC-47 , inclusive) 8. Special Conditions (pages SC-1 to SC-11 , inclusive) 9. Plans, consisting of a sheets listed below by number, title, date and revision number with each sheet: 1. Final Design Nottingham Road , sheets S1-S6, Alden Research Laboratory, dated 10/20/2022 2. Basin 4 Conceptual Plans Nottingham Road, pages 1 -5, TetraTech, dated Jan 2022 3. FLEXAMAT Details, pages 1-4, Flexamat 4. Topographic Map Lot 70-A, Block 1 and a portion of Tract B Benchmark at Beaver Creek, Marcin Engineering LLC, dated 7/20/2021 5. Report Basin 4 Conceptual Design Memorandum, dated 4/28/2022 10. Addenda numbers to 4 , inclusive 11. Contractor’s Bid (pages BF-1 to BF-4, inclusive) marked exhibit (attach Bid Form) 12. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive) B. Any written Amendments, Modifications, or Work Change Orders which may be delivered or issued on or after the Effective Date of the Agreement that are not attached hereto. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be altered, amended, modified, supplemented, or repealed by written agreement signed by both parties. Article 12. PERFORMANCE BOND A. To secure performance of CONTRACTOR’S obligations under this Agreement, the CONTRACTOR shall provide the OWNER with a Performance Bond in the amount of the full contract price. Prior to execution of this Agreement, the CONTRACTOR shall provide the form of the Performance Bond to the Town for its review and approval. The Town shall be authorized to draw upon the Performance Bond to correct any default by Builder under this Agreement, which default shall be determined and substantiated by an Affidavit of Default signed by the ENGINEER. The Performance Bond shall be held by the Town through the two (2) year Project Warranties period specified in this Agreement. DocuSign Envelope ID: F2D172E3-98F0-4AFE-AEE7-9CBCA8BCCEEB CA-7 Form Approved by Town Attorney - 04/2024 Article 13. MISCELLANEOUS 13.01 Terms Used in this Agreement A. The terms used in this Agreement, which are defined in Article 1 of the General Conditions, shall have the meanings set forth therein. 13.02 Indemnification A. The C ONTRACTOR agrees to indemnify, save, and hold harmless the O WNER, its officers, employees, and agents from any and all liability, loss, costs, charges, obligations, expenses, attorney’s fees, litigation, judgments, damages, claims, and demands of any kind arising from or out of any negligent act, error, omission or other tortious conduct of the CONTRACTOR, its officers, subcontractors, employees, or agents in the performance or non-performance of its obligations under this Agreement. 13.03 Assignment of Contract A. No assignment by a party hereto of any rights under, or interests in, the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys 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. 13.04 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 13.05 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable by any court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon O WNER and CONTRACTOR , who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 13.06 Independent Contractor A. The CONTRACTOR shall perform the Services as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee relationship with the O WNER other than as a contracting party and DocuSign Envelope ID: F2D172E3-98F0-4AFE-AEE7-9CBCA8BCCEEB CA-8 Form Approved by Town Attorney - 04/2024 independent contractor/t he O WNER shall not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the CONTRACTOR or the C ONTRACTOR ’s employees, sub-consultants, contractors, agents, or representatives, including coverage benefits related but not limited to: local, state, or federal income or other tax contributions; insurance contributions (e.g., FICA); workers' compensation; disability, injury, or health; professional liability insurance, errors, and omissions insurance; or retirement account contributions. 13.07 No Waiver of Governmental Immunity A. Nothing herein is intended as nor shall it be construed as a waiver of the protections and immunities afforded the O WNER pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, et seq., Colorado Revised Statutes, or pursuant to any other applicable laws. 13.08 Other Provisions A. Pursuant to Section 24-91-103.6, C.R.S., the O WNER hereby states that it has appropriated an amount equal to or in excess of the Contract amount. O WNER 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: F2D172E3-98F0-4AFE-AEE7-9CBCA8BCCEEB CA-9 Form Approved by Town Attorney - 04/2024 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 April 23, 2024. OWNER, TOWN OF AVON By: ________________________________ Printed Name: ____Amy Phillips________ Title: ___Mayor______________________ APPROVED AS TO FORM By: Nina P. Williams, Town Attorney ADDRESS FOR GIVING NOTICES: Town Attorney___________________ PO Box 975_____________________ Avon, CO 81620_________________ _______________________________ H&L CONCRETE, INC. DBA NARANJO CIVIL CONSTRUCTORS, INC. By: _________________________________ Printed Name: __John Leone____________ Title: ___President ____________________ ADDRESS FOR GIVING NOTICES: 627 27th Street ___________________ Garden City, CO 80631___________ _______________________________ _______________________________ License No. ____________________ A GENT FOR SERVICE OF PROCESS : _______________________________ _______________________________ _______________________________ _______________________________ DocuSign Envelope ID: F2D172E3-98F0-4AFE-AEE7-9CBCA8BCCEEB 20,676.00 BF-1 TOWN OF AVON NOTTINGHAM ROAD BASIN 4 SEDIMENT POND AND CHANNEL IMPROVEMENTS PROJECT BID FORM 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 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 NOTTINGHAM ROAD BASIN 4 SEDIMENT POND AND CHANNEL IMPROVEMENTS 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: BASE BID The remainder of page is intentionally left blank. Exhibit A H&L Concrete Inc., dba Naranjo Civil Constructors DocuSign Envelope ID: F2D172E3-98F0-4AFE-AEE7-9CBCA8BCCEEB BF-2 Bid Tabulation Project Name: NOTTINGHAM ROAD BASIN 4 SEDIMENT POND AND CHANNEL IMPROVEMENTS PROJECT Date: 12/26/2023 Item Number Item Quantity Unit Unit Cost Total Cost *Additional Information 1 Mobilization 1 LS $ - $ - 2 Construction Surveying 1 LS $ - $ - Includes all surveying necessary for construction and marking the adjacent property corners of the adjacent lots 3 As-Built Surveying 1 LS $ - $ - Post construction topographic survey updating the existing condition topography and indicating extents of flexamat and weir installations 4 Cut 280 CY $ - $ - Earthwork 5 Fill 140 CY $ - $ - Earthwork 6 Flexamat Plus 8200 SF $ - $ - Includes materials, delivery, placement, installation and all other work and equipment necessary for installation 7 Reinforced Concrete Weir 4 EA $ - $ - Includes materials, placement, installation and all other work and equipment necessary for installation 8 Seeding (native) 1550 SY $ - $ - Seeding is required for all disturbed areas. contractor is responsible for seeding disturbed area outside of the project limits at no cost to the owner 9 Soil Conditioner 1550 SY $ - $ - Soil conditioner is required for all disturbed areas. contractor is responsible for seeding disturbed area outside of the project limits at no cost to the owner 32,000 32,000 9,570 9,570 4,425 4,425 136 38,080 21 2,940 12.50 145,625 14,675 58,700 3 4,650 5 7,750 DocuSign Envelope ID: F2D172E3-98F0-4AFE-AEE7-9CBCA8BCCEEB BF-3 10 Erosion Control Blanket 640 SY $ - $ - Blanketing disturbed areas that are not covered by flexamat. Contractor is responsible for blanketing area outside of the project limits at no cost to the owner. 11 Remove Asphalt 90 SY $ - $ - 12 Asphalt Patching 83 SY $ - $ - 4" thickness HMA and includes subgrade preparation. 13 Temporary Erosion Control 1 LS $ - $ - Includes vehicle tracking and sediment control log as necessary to provide site erosion control containment. 14 Traffic Control 1 LS $ - $ - Base Bid Total Construction Cost *Additional information is provided to supplement the project specifications. All requirements of the project manual, technical specifications, and plans shall remain in full force and effect $349,610 7 4,480 53 4,770 225 18,675 13,660 13,660 4,285 4,285 DocuSign Envelope ID: F2D172E3-98F0-4AFE-AEE7-9CBCA8BCCEEB BF-4 1. Total Base Bid: ____________________________________________________ ______________________________ Dollars and _____cents ($___________________) Addenda L-1 L-3 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 June 5. 2024 and the undersigned shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed no later than as agreed upon in the Notice to Proceed. The undersigned bidder further agrees to pay as liquidated damages the sum of $1,500.00 for each consecutive calendar day thereafter and $3,000.00 per day after 30 days, 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. Signed at , this day of , 2022. Contractor’s License No. Three Hundred Forty-Nine Thousand, Six Hundred Ten 349,610 01/25/2024 01/28/2024 Business license and sales license pending with Nicole Layman, contractors license to follow. 02/08/2024 02/02/2024 zero DocuSign Envelope ID: F2D172E3-98F0-4AFE-AEE7-9CBCA8BCCEEB