06.16.2023 Metcalf Road Culvert Repair ProjectDocuSign Envelope ID: C46F9426-B3F8-46C1-B955-9328BCD 1AA23
CONSTRUCTION AGREEMENT
Metcalf Road Culvert Repair Project
THIS AGREEMENT is dated as of the 16 day of February in the year of 2023 by and between:
Town of Avon, Colorado (hereinafter called OWNER) and Mocon Pacific 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 Metcalf Road Culvert Repair Project:
Furnish the labor, materials, equipment, services, Shotcrete testing, site plans and engineering
drawings to reconstruct the existing, damaged Metcalf Road Culvert. Repair/support damaged
section of the 84" Corrugated Metal Pipe using 2.5" of Shotcrete in the actual repair area to
fully embed the flanges on the Tunnel Liner Plates. Rehabilitate entire full perimeter of the 160'
length of CMP Culvert with Shotcrete 1" minimum thickness. Reroute the outlet of the existing
36" CMP draining from above the 84" CMP. Restore area filling the existing "sink hole", seed,
and install erosion control blankets over restored area.
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 as well as Special Conditions, 37. PROJECT SCHEDULE
Notice of Award
Notice to Proceed
Pre -Construction Meeting
Construction Period
February 15, 2023
February 16, 2023
February 21, 2023
February 20 — March 31, 2023
The date of final completion of the project (except for the possible need for final revegetation and
erosion control measures because of snowpack) is March 31, 2023. After this date, the Liquidated
Damages described in Special Conditions, 24. LIQUIDATED DAMAGES will be enforced.
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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 Proposal PR-1 dated 01/30/2023)
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:
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7.1 Mocon Pacific Inc. proposal (page P-1) dated January 30, 2023
7.2 Deleted
7.3 Performance and Labor & Materials Bonds
7.4 Notice of Award (page NA-1)
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
C 1
General Plan
2/3/23
C2
Existing Conditions Limit of Disturbance
2/3/23
C3
Existing Conditions Sinkhole Cross Section
2/3/23
C4
Liner Plate Typical Sections Preparation
2/3/23
C5
Liner Plate Typical Sections During Construction
2/3/23
C6
Completed Rehab Typical CMP Section
2/3/23
C7
Completed Rehab Liner Plate Repair Section
2/3/23
C8
Surface Restoration General Plan
2/3/23
C9
Surface Restoration Final Slope Cross Section
2/3/23
SP
SITE PLAN
2/9/23
7.10 Addenda numbers to N/A , inclusive
7.11 Documentation submitted by CONTRACTOR prior to Notice of Award
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
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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.
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 16, 2023.
DocuSigned by:
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OWNER, Town of Avon, Colorado�cu CONTRACTOR, [/�
3DBCDDC34F2B4AF...
03F1EA34AAB84DE..
Avon TAW Clerk
Address for giving notices:
AVON TOWN HALL
100 MIKAELA WAY
PO BOX 975
AVON, CO 81620
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Qi AAD01
CA-4
Address for giving notices:
YAMPA, CO 80483