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2024 Street Improvements – Upper Buck Creek Road Asphalt Overlay Project: Construction Agreement CA-1 CONSTRUCTION AGREEMENT THIS AGREEMENT is dated as of the 26th day of February in the year of 2024 by and between: Town of Avon, Colorado (hereinafter called OWNER) and Grand River Construction Co. (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: Asphalt milling, adjust height and replace damaged sections of existing guardrail, asphalt repair, asphalt paving, shouldering and pavement marking. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2024 Street Improvements – Upper Buck Creek Road Asphalt Overlay 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, 2024 and June 30, 2024. 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: $649,465.76 (see attached copy of Contractor’s Bid) Article 5. PAYMENT PROCEDURES 5.1 Contractor shall submit Applications for Payment in accordance with Article 14 DocuSign Envelope ID: 9A8395CD-C75C-4560-B18F-BED9379C51A7 CA-2 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) 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) DocuSign Envelope ID: 9A8395CD-C75C-4560-B18F-BED9379C51A7 CA-3 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 Upper Buck Creek Road Asphalt Overlay & Repairs C-1 Cover Sheet 12-06-2023 C-2 Sheet Index Map 12-06-2023 C-3 thru C-6 Milling & Overlay Plan 12-06-2023 C-7 Details 12-06-2023 7.9 Addenda numbers to 1 , inclusive 7.10 Contractors Bid (pages BF-1 to BF-5, inclusive) marked exhibit (attach Bid Form) 7.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive) 7.12 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. DocuSign Envelope ID: 9A8395CD-C75C-4560-B18F-BED9379C51A7 CA-4 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. DocuSign Envelope ID: 9A8395CD-C75C-4560-B18F-BED9379C51A7 CA-5 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 February 26, 2024. OWNER, TOWN OF AVON By: ____________________________________ Name: AMY PHILLIPS MAYOR APPROVED AS TO FORM By: __________________________________ Name: NINA P. WILLIAMS TOWN ATTORNEY Address for giving notices: Town Attorney PO Box 975 Avon CO 81620 CONTRACTOR, GRAND RIVER CONSTRUCTION CO. By: __________________________________ Name: JOHN RIPPY VICE PRESIDENT Address for giving notices: License No. Agent for service of process: DocuSign Envelope ID: 9A8395CD-C75C-4560-B18F-BED9379C51A7 019922 glenwood Spgs., CO 81612 Grand River Const. po box 1236 DocuSign Envelope ID: 9A8395CD-C75C-4560-B18F-BED9379C51A7 DocuSign Envelope ID: 9A8395CD-C75C-4560-B18F-BED9379C51A7