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Home My WebLink About130163 EMPIRE CARPENTRY LLC - CONTRACT - PURCHASE ORDER - 9117198I-orm (R 5/98) CONTRACT #2012-M1-034 Department or Agency Name I Iistory Colorado, the Colorado I Rstoncal Society Department or Agency Number GCA Routing Number APPROVED WAIVER FORM #37-B TI I1S CONTRACT, Made this a day of /J0V0C-f V1 lrX •y , 2-0 11_, by and between the State of Colorado for the use and benefit of the Department of Iligher Education, history Colorado, the Colorado I listorical Society, 1200 Broad%Ay, Denver, Colorado 80202, hereinafter referred to as the State and; or I Iistory Colorado, and the City of Fort Collins, 300 LaPorte Avenue PO Box 580, Fort Collins. Colorado 80522 hereinafter referred to as the Grant Recipient, hereinafter referred to as the "Contractor", and Judith Winterowd, Owner of Property, 3613 Canadian Parkwav, Flirt Collins, Colorado 80524 hereinafter referred to as the Property• Owner, WI1L'REAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this Contract under Encumbrance Number 10�4m Fund Number 401, Appropnauon Account 401 and Organization SI IPG; and WI IEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, Article 12-47.1-1201 of the Colorado Revised Statues and Subsection (5) (b) (III) of Section 9 of Article X\'III of the stare constitution, provide for the annual distribution of monies from the State I listoncal Fund; and WI IIiRI?AS, the Grant Recipient is eligible in accordance with law to receive a State I Lstorical Fund preservation grant award for acquisition and development projects with cumulative leant awards over $10,000; and WHEREAS, this Contract (hereinafter "Contract" or "Agreement") sets forth the Scope of Work, Budget and List of Submittals, hereinafter referred to as the 'Project"; and WIIERL',AS, the Property Owner is a public entity and the owner in fee simple of certain real property in Latimer County, Colorado, which property has been listed in the National Register of Ilictone Places as the 216 Linden Building located at 216 Linden Streit, Fun Collins, CO hereinafter referred to as the "Property," and which Property is more particularly described as follows: Commencing as a Point on LINDL-'N ST, 72 Fr SW OP Northerly Comer of Lot 16, BLK 12, hfC, tht Southeasterly 90 Pl. Southwesterly 13 I-T, Northwesterly 90 1- f, Northeasterly 13 FT To the Beginning NOW TI IEREFORE, it Ls hereby agreed that 1. The Property Owner and Grant Recipient shall use funds subject to this Contract in support of Project #2012-M1-034 "Exterior Rehabilitation" in accordance with the Smfe of Work attached hereto as Exhibit A, including all applicable plans and specification., developed prior to or during the contract period, which arc hereby made a part of this Contract by reference. 2. APPLICABLE STANDARDS: The Property Owner and Grant Recipient agree that they will perform the activities and produce the deliverables listed in Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interiors Standard, for Ant) mlogy and Historic fimse +ation. The Property Owner and Grant Recipient shall perform any and all survey activities and submitmis in accordance with the Survey Manual and I low to Complete Colorado Cultural Resource Inventory Forms, Volumes I and 11, June 1998 (Revised December 2001) for any and all survey activities and projects (topics of which are available through I Iistory Colorado 3. RIGHT OF USE: All eopyrightable materials anti or submittals developed or produced under this contract are subject to a royalty -free, nonexclusive, and irrevocable license to history Colorado to reproduce, publish, display, perform, prepare derivative works or otherwise use, and authorise others to reproduce, publish, display, perform, prepare derivative works, or otherwise use, the work or works for I Iistory Colorado and/or State I listorical Fund purposes. 4. CONTRACT EFFECTIVE DATE: The term of this Contract shall be from November 15, 2011 through November 15, 2013. The performance of the work must be commenced within sixty (60) days of the Contract beginning date unless a longer period e, approved in writing by the State I listorical Fund Administrator. The performance of the work must be completed no later than thirty (30) days prior to the Contract ending date. Page 1 of 8 City of Fort Collins Exterior Rehabilitation of 216 Linden Street Building Project #2012-M1-034 PROJECT BUDGET TASK A. Storefront Rehabilitation B. Upper Floor Rehabilitation Overhead and Profit General Conditions AMOUNT $28,316 $28,466 $7,208 $4,467 Exhibit B Subtotal $68,457 Grant Administration* $4,433 Project Subtotal $72 890 Contingency** $1,OD0 PROJECT TOTAL $73,890 Cash Match (52.63%) $38,890 Grant Request (47.37%) $35,000 *Grant Administration cannot exceed 15% of Subwalamount **Must receive written approval from SHF Staff prior to use I I:\Con =,N2012\12MI034 EAAit B.do 8/8/11 Page I c) c City of Fort Collins Exterior Rehabilitation Project #2012-M1-034 LIST OF SUBMITTALS Project Reports Exhibit C Project Reports Due Date Society Response a. Payment Request Fort N/A Advance payment of grant Deliverables #1-5, 8 below must be reviewed and award $13,811. approved before Advance payment is made. b. Progress Report # 1 December 1, 2011 Review* c. Progress Report # 2 March 1, 2012 Review* d. Progress Report # 3 June 1, 2012 Review* e. Progress Report # 4 September 1, 2012 Review* f. Interim Financial Report September 15, 2012 ** Review & Approve. Deliverables #6 below must be reviewed and Interim payment of grant approved before Interim payment is made. award $17,263.t g. Progress Report # 5 December 1, 2012 Review* h. Progress Report # 6 Much 1, 2013 Review* i. Final Financial Report March 15, 2013*** Review & Approve. Final Reimbursement of grant award $3,452.t *At the discretion of the SHF technical staff, progress reports may not receive a response. ** Interim financial report due date is a guideline. Please submit Interim financial report when majority of advance has been expended and you are ready for the next payment. *** Proiect period ends. All Deliverables due on or before this date. tPayment may increase due to approval of contingency funds PROJECT DELIVERABLES Submit the following Project Deliverables. Deliverables #1-4 must be reviewed and approved by SHF before commencement of treatments (construction). Project Deliverables Society Response 1. Initial Meeting with SHF Historic Preservation Specialist (within 60 days of contract state date) Review/Comment and or Approve 2. Before/existing condition photos of areas affected by Scope of Work Review/Comment and or Approve 3. Historical photos/documentation of areas to be treated Review/Comment and or Approve 4. Construction Documents/Plans and specifications Review/Comment and or Approve 5. Subcontract Certification Form — Contractor Review/Comment and or Approve Page 1 of 2 page City of Fort Collins Exterior Rehabilitation Project #2012-M1-034 6. Interim meeting with SHF Historic Preservation Specialist 7. After photos of areas affected by Scope of Work 8. Copy of LOU/MOA between grant recipient and owner Page 2 of 2 page Exhibit C Review/Comment and or Approve Review/Comment and or Approve Review/Comment and or Approve HAComncu\MIAIM1034 G h�biv Cd.c €' r^ ; ST<ATE HISTORICCAL FUND A) General Information Project # Grant Recipient: PAYMENT REQUEST AND FINANCIAL REPORT FORM Project Title: Grant Recipient Contact: Instructions: Use this form to request payment and report expenses for projects starting with 2010-02, 2010-M2 or later. Indicate payment you are requesting. Report payments made to subcontractors and individuals for work on the project Do not report payments reported on prior financial reports. Financial Report (Section C) not required for Advance Payment. Include a completed Certification of Expenditures (COE) when submitting a financial report. B) Payment Request: Check Only One ❑ Advance Payment ❑ ttt Interim Payment ❑ 2aa Interim Payment ❑ Finsl Payment ❑ Easement Payment Work mutt begin autbin 2 weeks of Request forAdvana Payment, previously advaeued fundr must be expended prior to receiving interim faymentr. Final payment is a reimbursement. Pkase refer to Exhibit C ofyour rontractforpayment amounts and Dehwerblet due befan payment. Contingency funds will be added to paym entt bared on prior approval Be tun to inckcde copy ofEanment Fee inuoig when requesting Easement Payment. C) Financial Report. Award Amount $-T Award Ratio I Grant Funds: % / Cash Match: % PAYEE TASK L I hereby certify that all expenses reported above have been PAID and that all 2ae Interim Report Total of the information is correct and that any false or misrepresented information Final Financial Totals may require immediate repayment of any or all funds. _ Estimate: Project is _% Complete ❑ Certification of Expenditures Form (COE) form included D) Signature: Grant Recipient/Project Director Signature Date or AMOUNT Interest Earned: $ } DO NOT WRITE iN THIS AREA Reviewed Approved for Payment H:\Manuals\Contracts Manuals\June 2011 Manual\Pay Request and lei ancial Report Form - Rev 06-2011.doc Issued: June 1, 2011 State Historical Fund Competitive Grant Application €4 HISTORY(2,e.� STATE HISTORICAL FUND Please note that this application form is revised from previous versions. Only this revised version maybe used for grant requests submitted for the April 1, 2011 grant deadline. 1. Applicant Organization is the non-profit organization or public entity that is eligible to apply for State Historical Fund monies. Individuals and businesses are not eligible aoolicants for State Historical Fund arants directly. Applicant Organization: City of Fort Collins Mailing address: 300 LaPorte Ave., P.O. Box 580 City: Fort Collins State: CO Zip Code: 80522 Employer ID Number: 84-6000587 Signature of Legally Authorized Representative Please sian in blue ink Telephone Number: 970-221-6505 Director, CDNS Title Date 2. Contact Person: This should be someone integral to the project that is easily accessible. All correspondence will be sent to this person. Contact Last Name: Rippy Title: Grant Manager Contact First Name: Courtney Organization (If different from applicant organization): City of Fort Collins Mailing or FedEx Address: P.O. Box 580 city: Fort Collins State: CO Zip Code: 80522 Telephone: 970-416-2283 Fax: 970-224-6134 E-mail Address 3. Protect T X Acquisition & Development Those projects that involve excavation, stabilization, restoration, rehabilitation, reconstruction, or acquisition of a designated property or site. Archaeological projects are considered Acquisition & Development when the level of investigation is "intensive excavation." In such cases, the site must be designated before the application is submitted. ❑ Survey & Planning Those projects that involve identification, recording, evaluation, designation and planning for the protection of significant historic buildings, structures, sites and districts. For archaeological projects, all levels of survey and test excavations are considered Survey & Planning projects and prior historic designation is not required. However, once testing reveals eligibility for designation, further excavation may not occur without designation. ❑ Education Those projects that provide historic preservation information or information about historic sites to the public. 4. Name of Project: Name of Project: 216 Linden Building, Fort Collins, Colorado, Fagade Restoration and Reconstruction, and Rehabilitation of Historic Windows 5. Brief Summary of Project: Make this description no more than 150 words and suitable for a press release. Located in the heart of the Old Town National Historic District, 216 Linden has been home to a variety of merchants since it was constructed more than 100 years ago. Over time the fagade of this landmark building became cloaked in modernization and suffered from deferred maintenance, resulting in significant structural issues and a modernized storefront. In keeping with the historic character of the adjacent properties in the award -winning Old Town Historic District, the new owners are proposing a historic restoration and reconstruction of the building's fagade to its 1905 appearance, with special attention being focused on the exceptional second floor square oriel — the only one of its kind in Fort Collins. By reconstructing the original storefront, adding structural reinforcement to the upper bay, and rehabilitating the original windows using techniques, materials and joinery appropriate for historic window rehabilitation, 216 Linden will once again add immeasurably to the charm and character of Fort Collins' Old Town District. 6. Grant Type, Grant Request, Cash Match. Project Total and owner) or 50 % (individual or business owner) of the TOTAL oroiecl of Cash Match: Cash match is at least 25% (public entity or non-profit Chose one Grant Type: Competitive Grant Up to $35,000 X Grant Request: $35,000 Cash Match: $38,890 Competitive Grant $35,001 or More Total Project Budget: S73,890 Percentage of cash match (as applied to the TOTAL PROJECT) you will provide (cash match divided by the project total = cash match %): 53% Indicate if you are requesting a waiver for the Cash Match requirement. Yes Cl No X What is your justification for requesting a cash match waiver? (150 words or less): We will be ready to provide cash match at the time we sign our SHF contract (1-2 months after the award date.) Yes X No ❑ f. rropertv mrormauon: [o co pnysinai wont, your ouucing, sue, pisma or oolea mus[ oe cesigna[ec. Property Historic Name: 216 Linden Building Historic Designation: Local X Colorado Stale Register of Historic Properties X National Register of Historic Places X Designation Area: Building only Building and the surrounding area X Acreage only Property Street Address: 216 Linden Street Property City: Fort Collins Property State: CO Property Zip Code: 80524 Property Site Number: 5LR.462.33 Property Legal Description: Commencing at a Point on Linden Street, 72 FT SW of Northerly Corner of Lot 16, Block 12, FTC, thence Southeasterly 90 FT, Southwesterly 13 FT, Northwesterly 90 FT, Northeasterly 13 FT To the Beginning County in which propertylproject is located: Larimer Colorado Legislative District Numbers: House: 52 Senate: 14 U.S. Congressional District: 4 Property Owner If different than Applicant Organization: Judith Winterowd Owner street Address: 3613 Canadian Parkway Owner city: Fort Collins Owner State: CO Owner Zip Code: 80524 Federal Employer Identification Number (please, no Social Security numbers): Signature of Legal Property Owner Date By signing above, you acknowledge that you give your pennission for the work proposed in this grant application to he carried out. Please sign in blue ink N �P 1 8. Section 106 Compliance: If your project involves a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; a project requiring a permit, license or approval by a Federal; or property owned or managed by a federal agency, you must provide us with the following: Please indicate which Federal agency is involved in your project and the nature of the collaboration: Federal Agency Contact Name and Telephone Number: 09. If the project resource is owned by a business or individual (individuals, trusts, estates, associations, trusts for profit organizations, or any other entity not defined as a "governmental entity" or "non-profit organization"), an official of a governmental entity (any county, city and county, or incorporated city or town, or governed by a home rule charter) must acknowledge support of the proposed project per the Rules and Procedures of the State Historical Fund, 8 CCR 1504-8: I support the project outlined in this grant application. Name: Steve Dush Title: Director, Community Development Neighborhood Services Governmental Entity: City of Fort Collins Signature: Date: Please sign in blue ink 10. You must initial the following to indicate that you understand and agree with the following conditions associated with State Historical Fund grants if awarded: _ I understand my organization will enter into a contract with the State Historical Fund (SHF). My organization will become a state contractor and cannot "pass through" fiscal or project responsibility to another organization. I understand the proposed cash match must be available before my organization signs the SHF contract. I understand SHF funds will be paid only for work taking place within the SHF contract period. I understand my organization cannot use funds in a manner that may result in an actual or perceived conflict of interest. (See Handbook, p.36) _ I understand property restrictions may be required as a result of an acquisition and development project. For architectural survey projects, I will adhere to the current Colorado Cultural Resource Manual. I understand that once under contract, I will work in partnership with the State Historical Fund to meet the Secretary of the Interiors Standards. I will comply with review expectations and refrain from carrying out work until I have the approval of SHF historic preservation specialists to proceed. I understand that my performance as a state contractor will be evaluated and made available to the public. _ I understand that indirect costs need to be justified at the time of request for reimbursement. I am encouraged to use the SHF Indirect Cost Worksheet for planning purposes. Call 303-866-2825 or toll free at 877-788-3780 if you have any questions C €1€ HISTORY GRANTS FOR HISTORIC PRESERVATION A. Applicant Capacity Write a brief history of the applicant organization (Limit to 600 words or less) This category speaks to grant and project management capacity (0.10 points) Mission and Applicant Description — Fort Collins' historic preservation program began in 1968 with adoption of the Landmark Ordinance in the Municipal Code, and establishment of the City's Landmark Preservation Commission. In 1994, the City adopted the Historic Resources Preservation Program Plan, which captures the city's mission, "to enhance the quality of life in Fort Collins by the preservation of historic resources and the inclusion of heritage in the daily life and development of the city and community." Revitalization of the City's downtown began in the late 1970s with the Local, State, and National Register designation of the Fort Collins Old Town Historic District and has resulted in one of the most vibrant, successful historic downtowns in the country. Today, Fort Collins boasts over 1,800 historically designated properties. The City also manages a much -utilized Zero -Interest Loan Program for historic rehabilitation that provides thousands of dollars to preservation projects throughout the city each year. Fort Collins has been a Certified Local Government since 1991 and was one of the first communities in Colorado to receive this designation. Past Projects — The City has successfully completed twelve Certified Local Government grants and twenty-five State Historic Fund projects totaling more than $1.1 million. Three successful Transportation Efficiency Act grants include the Street Railway Car Barn and restoration of historic streetcar brick paving in downtown. A Preserve America grant surveyed and interpreted the City's Soapstone Natural Area including the National Landmark Lindenmeier site. Notable restoration and rehabilitation projects that have utilized State Historical Fund grants include the Linden Hotel, Silver Grill Caf6, First Baptist Church, Franz -Smith Cabin, Street Railway Car Barn, and the Armstrong Hotel. Key partners in the 216 Linden Building - • Grant Administrator: The grant administration is a collaborative effort within the City of Fort Collins with oversight by Historic Preservation Planner Karen McWilliams. Courtney Rippy, Historic Preservation Planning Staff, will be primary contact. Angelina Sanchez -Sprague, CDNS Financial Manager, will administer the grant money. Day to day administration and project management will be carried out by Sondra Carson, grant consultant. • Contractor: Empire Carpentry LLC, Kevin Murray, Principal. Empire Carpentry has been involved in over a dozen projects funded by the SHF. The firm specializes in accurate restoration and rehabilitation, and is known for its custom millwork. A few of the firm's more than 300 projects include the stabilization of historic buildings at Deerfield, stabilization and restoration of the Franz -Smith Cabin in Fort Collins, and restoration of the Virginia Dale Stage Station. • Preservation Design Engineer: AE Design Associates, Richard Beardmore, Principal. AE Design's Richard Beardmore and Patrice Berglund are architectural/engineering designers who have been involved in more than one hundred restoration and preservation projects throughout Colorado. Long -Term Funding Strategies/Maintenance — Since purchasing the building in March 2009, Judith Winterowd and her family have demonstrated their dedication and stewardship by investing significant financial resources in the structural and environmental repair of the building. The Winterowds have replaced the roof, installed a new heat system, and completely upgraded the electrical system in the building. They painstakingly refinished the original wood floors, and have had second floor windows rehabilitated, including keeping original glass and sash parts. Now that this work is complete, they are intent on rehabilitating/restoring the building's fagade. The owners are committed to seeing this building take its place in Fort Collins' history once again. To ensure the continuity of their investment, the Winterowds will pursue funding from the State Tax Credit, and Fort Collins' Downtown Development Authority, Local Development Corporation, and Zero - Interest Loan programs for additional work and on -going maintenance. B. Property or Project History Write a brief history of the property or project and its relationship to historic preservation. (Limit to 600 words or less) This category tells us why this preservation or archaeological project is important (0.10 points) Dating from 1881, the 216 Linden Building is situated in the Old Town National Historic District, in Fort Collins, Colorado. Most of the structures within the district were built between 1878 and the early 1900's. The hub of Fort Collins' commerce and industry, the district's buildings underwent numerous alterations and modernizations through the early 1970s. Revitalization of the district began in the late 1970s with Local, State, and National Register designation, and a community -wide commitment to preservation. Throughout the 1980s and 1990s, nearly every historic building within the district was restored/rehabilitated, many with the assistance of the State Historic Fund, resulting in one of the most vibrant, successful historic downtowns in the country. The 216 Linden Building is the exception. While most of the district has been rehabilitated successfully, 216 Linden Street sits noticeably out of context. Fortunately, the property was recently sold, and the new owners, Judith and Irwin Winterowd are committed to returning it to its once outstanding appearance. The design goals are to reconstruct the fagade to its 1905 appearance, documented through historic photographs and ghosting, while also repairing structural deficiencies caused by the weight of the second floor oriel, the only one in Fort Collins. In September 1905, the Fort Collins Weekly Courier notes that Steven H. Seckner, an early Fort Collins photographer and artist, was in the process of adding a new plate glass front to his Linden Street property. The building was originally built by the Seckner Brothers in the early 1880s to house their photography studio with living quarters above. The brothers' building was wedged in among stately hotels, department stores and fraternal organizations; its storefront is the smallest on the block. Although the surrounding buildings have stone work and massive iron -supported fronts, this building was built with wood. Compensating for its smaller frontage, a unique feature, original to the building, is a second floor bay window or oriel. From this window, one had a vantage point of looking down upon Fort Collins' busiest streets at the turn of the century. In 1918 the building was listed as a paint store. It was during this period that a fire occurred and there still exists a bit of charring found during discovery by AE Design and Empire Carpentry. In the early 1970s, when occupied by a carpet business, the storefront was replaced with an aluminum system in an attempt to modernize it. More recently, despite its location in the middle of the block, the building housed "The Old Corner Bookshop." When the Winterowds purchased the building in 2009, they moved the bookstore to the second floor while turning the main floor into a clothing boutique. Although having just spent much money to buy the building, the Winterowds came up with personal funds to replace the roof, upgrade the electric and refinish the floors. The owners secured funding for rehabilitating the existing double -hung windows in the original oriel, as the severe deterioration of the windows endangered pedestrians below. While developing a plan for the windows, it was noted that the bay was sagging drastically, and could have a major structural failure. It was at this point that the Winterowds realized they needed help to meet their goal, and that of the City's Historic Preservation Office, of restoring and reconstructing the entire storefront. C. Project Description Provide a detailed description of the project. (Limit to 1200 words or less) This section indicates your knowledge of historic preservation approaches and techniques as applied to your project (0-20 points) Proposed Approaches for Projects (check all that apply): ❑ Survey ❑ Planning _ ❑ Education ❑ Archaeology ❑ Preservation focuses on the maintenance and repair of historic materials and retention of a property's form as it has evolved over time. (Includes protection and stabilization) 5 X Rehabilitation acknowledges the need to alter or add to a historic property to meet continuing or compatible, new uses while retaining the property's historic character. X Restoration depicts a property at a particular period of time in its history, while removing evidence of other periods. X Reconstruction re-creates vanished or non -surviving portions of the property for interpretive purposes based on documentary and/or physical evidence. The Winterowds are dedicated to rectifying years of deferred maintenance and modernization that has plagued the 216 Linden Building. Exploration has identified significant structural integrity issues which require more extensive and urgent repairs than expected. The project involves the restoration and reconstruction of the building's facade to its 1905 appearance, to include the removal of the existing finish of hard board, aluminum storefront and the cement tiles, and installation of a historically appropriate storefront system, based on photographic evidence and ghosting. The historic windows will be rehabilitated to their original appearance, retaining historic fabric when possible. The bay window support system requires repair due to structural failure. This support would be accomplished by adding two beams to cantilever the bay back into the building. The ceiling will be removed in areas and a beam fed from the street will add support to the bay. Interior ceiling repair will be required as a result of this structural work to fortify the structure. After the structure has been addressed, the upper facade will be reconstructed based upon photo documentation and evidence found during discovery. Operable, traditionally - proportioned fabric awnings are proposed for the west -facing second floor windows and storefront. Based on historic photographs (see attached photos- Attachment A), awnings were plentiful and generous in their projection, scale and dimension. A historic paint scheme will be decided upon between the owner and the City's Historic Preservation Officer. A trial palate is attached (Attachment Q Repair of the original wood windows in the upper floor is required. The original wood windows (found in the bay window upstairs) are constructed of high quality wood (possibly old growth timber), which is much denser and more weather resistant than today's tree fanned softwoods. These inherent qualities of the wood have contributed to the longevity of the windows, making them an ideal candidate for repair. The pattern, size, shape and vertical orientation of the double -hung windows will be maintained. The windows will be rehabilitated by removal and rebuilding of sashes, rehabilitation of window frames, using original pieces whenever possible, and repair techniques such as Dutchmen or 2 part epoxy consolidant and filler. Weather stripping will be installed as well as wood storm/screen combination units to protect the rehabilitated windows from the elements. Simply by repairing and rehabilitating the original operable windows rather than replacing them, the owner maintains this predominant feature of the facade and keeps the windows out of the landfill. The lower storefront will be restored using photographic evidence and on -site evidence found during discovery. This includes replacement of an aluminum system installed in the 1970s, and entails manufacture of the reconstructed storefront frame and panel, trim board, windows, doors, sash and awning. Covered transoms will be re -glazed, and the dropped ceiling inside will be removed far enough back to allow these windows to brighten the interior once more. All of these storefront elements will closely match the original pieces. Collectively, this approach and the techniques used will achieve a facade very similar to the early 1905 appearance of the building's storefront. D. Urgency Explain why it is urgent to complete the work in your application NOW (Limit to 300 words or less) This category explores why this project is urgent and how you will protect the resource in the future (0.15 points) UrgencX: The 216 Linden Building, as stated earlier, has suffered from deferred maintenance for many years. The owner has been tapped out of funds in trying to stabilize the interior and update the mechanical and electrical systems. The exterior facade has suffered from "modernizations" with cement shingles, a late 20`h Century metal storefront and deteriorating windows, including an original oriel window, the only extant example in Fort Collins. The structural failure of this bay window is evident and must be addressed immediately, to remove the hazard to pedestrians and the building in general. The front of the bay window has 0 5. COMPENSATION AND METFIOD OF PAYMENT: In consideration of the project described in Exhibit A and subject to on time delivery of completion of the milestones contained in the lire of Submittals set forth in Exhibit C, the State shall pay to the-., /'Grant Recipient a grant not to exceed thiry-five thousand dollars ($35,000.00). - Unless otherwise specified in Exhibit C, the State shall advance forty -percent (40%) of the total grant amount upon proper execution of this contract and upon submission of a SHF Payment Request, fifty -percent (50%) will be paid to the Grant Recipient upon submission and approval of the Interim SHF Fissional Report. The remaining tcn-percent (10%) of the grant amount sha8 be paid fo0owing Grant Recipient's submission and the State's approval of the Final SHF Finandal Report and SHF Payment Request Form (Alearbmeair 1 and 2). All payments are subject to the satisfactory completion of milestones described in Exhibit C and submission by Grant Recipient of either documented proof or certification of expenditures with each Financial report. Expenditurcs incurred by the Grant Recipient or Property Owner prior to execution of this Contract are not eligible expenditures for State reimbursement. If the Project involves matching funds the SHF may 28ow prior expenditures in furtherance of the Sap, of Work to be counted as part of such matching funds. 0. ACCOUNTING: At all times from the effective date of this Contract until completion of this Project, the Grant Recipient and Property Owner shag maintain properly segregated books of State funds, matching funds, and other funds associated with this Project. All receipts and expenditures associated with said Project shag be documented in a detailed and specific manner, and shall accord with the Budget set forth in Exhibit B. Grant Recipient may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without approval of the State and document the adjustments in the next financial report. Adjustments of budget expenditure amounts in excess of ten percent (10%) must be authorized by the State. In no event shall the Suite's total financial obligation exceed the amount shown in Paragraph 5 above. Interest earned on funds advanced by the State shall be applied to eligible project expenditures, and will be deducted from the final payment. 7. AUDIT: The State or its authorized representative shall have the right to inspect, examine, and audit Grant Recipient's and Property Owner's records, books, and accounts, including the right to hire an independent Certified Public Accountant of the State's choosing and at the Suce's expense to do so. Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract until three (3) years after the date final payment for this Project is received by the Grant Recipient or Property Owner provided that the audit is performed at a time convenient to the Grant Recipient and/or Property Owner and during regular business hours. PARTIES RELATIONSHIP: THE GRANT RECIPIENT AND THE PROPERTY OWNER ARE NOT EMPLOYEES OR AGENTS OF THE STATE. THE GRANT RECIPIENT AND/Olt PROPERTY OWNER SHALL HAVE NO AuTilORITY, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS OR UNDERSTANDINGS WITHOUT Tim EXPRESS WRITTEN CONSENT OF THE SPATE. Ti-lE GRANT RECIPIENT AND PROPERLY OWNER REPRESENT' THAT THEY HAVE OR SHALL SECURE AT THEIR OWN EXPENSE ALL PERSONNEL EMPLOYED OR LITILI%LED BY THE GRANT RECIPIENT/PROPERTY OWNER UNDER THIS CONTRACT. THE GRANT RPCIPIEN'l' AND/Olt - :PROPERTY OWNER SHALL BE RESPONSIBLE FOR PROVIDING WORKMEN'S COMPENSATION COVERAGE AND UNEMPLOYMENT COMPENSATION COVERAGE FOR ALL OF THEIR EMPLOYEES TO THE EX'l-ENT REQUIRED BY LAW, AND FOR ENSURING THAT ALL SUBCON-IRACI'ORS MAINTAIN SUCH INSURANCE. 1111E GRANT RECIPIENT AND/OR PROPERTY OWNER SI- ALL PAY WHEN DUE ALL REQUIRED I'MPLOYMENT TAXES AND INCOME TAX WITHHOLDING. ALL OF THE SERVICES REQUIRED HEREUNDER SHALLBE PERFORMED BY T11E GRANT RECIPIENT AND/OR PROPERTY OWNER OR UNDER THEIR SUPERVISION. 9. REPRESENTATIVES AND NOTICES: All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below, who are also the designated representatives for the project. Any parry may from time to time designate in writing substitute addresses or persons to whom such notices shall be sent. To the State: Steve W. Turner Vice President OAIIP and SHF/Deputy SI IPO History Colorado, the Colorado I listoric i Society 1200 Broadway Denver, CO 80202-5133 To the Grant Recipient Ms. Courtney Rippy Grant Manage , City of Fort Collins 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 To the Property Owner: Judith Winterowd 3613 Canadian Parkway Fort Collins, CO 80524 Page 2 of 8 dropped considerably, causing the side windows to be racked out of square by 2% inches. At this point, the owner is not allowing use of the bay window for fear of failure (See photos in attachment A). As parts of the building are interconnected, reconstruction of the storefront will help support the bay window correctly. Partnerships: The City of Fort Collins, Downtown Development Authority (DDA) and the owner have come together in a joint effort to finish this facade and help bring consistency and context to this "orphaned" element of the National Historic District. Time is of the essence because of the funding package built to address this project. If State Historic Fund funding is not made available at this time, DDA funding will be rescinded. The owners have been awarded a grant of $25,890.00 dollars from the DDA towards the completion of this project, provided the project is underway by November 2011. In the future, the DDA will only allow funding at 50% of the funding level now granted. The City of Fort Collins is very interested in supporting this project, and is demonstrating its support by its willingness to sponsor this grant application and devote staff time to its successful completion. In addition to the DDA funding and the owner's cash, the grant money from the SHF will complete the puzzle, allowing this building to once again contribute to the historic charm and character of the Old Town Historic District. Future Protection: Not only does the SHF Agreement help ensure the future appearance of the building's facade, but a similar Facade Agreement is required by the DDA to protect its investment, which includes a maintenance plan and periodic inspections to ensure the prolonged life of the work. Additionally, all changes to this Fort Collins Landmark property require the approval of the City's Landmark Preservation Commission. E. Timeline Create a list with key project milestones and dates showing how your project will be carried out. All work (exterior and interior) performed on a building must adhere to the Secretary of the Interior's Standards for the Treatment of Historic Properties. This category shows you have adequately considered how to complete your project within the 24-month contract period and have included time for SHF review. (0-10 points) After funding is secured, the owner and the contractor will finalize the schedule. The schedule will take into consideration special events in the Old Town area and seasonal retail times, so as not to impede planned functions and business revenues during holidays. Work will be conducted so as to allow neighboring shops to be open during regular business hours. Note: all work must be completed no later than November 2012 so that DDA funds will not expire. e June 2011: Receive notice of award. • June -July 2011 (1-2 months): Finalize paperwork. Review all deliverables, including construction documents. • August 2011 (1 month): Under contract with SHF; meeting with SHF project manager, owner and Grant Administrator. • August -Sept. 2011 (1 month): Finish contracts and construction documents. Apply for permits. e Oct. -Dec. 2011 (2-3 months): Start work. Support bay window and remove finishes. Install structural members and remove temporary supports. Start work on rehabilitation of upper parts of facade. No work during (and a week before) Homecoming. • January -March 2012 (3 months): Systematically rehabilitate lower storefront, while allowing for the businesses to be open. • April — May 2012 (2 months): Finish details and punch -list items. Facilitate end -of -job paperwork. F. Public Benefit Tell us how/why the community supports and benefits from this project. (Limit to 600 words or less) This category shows the overall benefit of the project to the community (0.15 points) The community supports and benefits from this project in the following ways: This project represents an opportunity not only to rehabilitate the facade of 216 Linden Street but will also add to the positive economic impact for Fort Collins' economy that already exists along Linden Street. With the completion of the Old Firehouse Alley Project this spring, turning the alley linking to 7 Linden Street into a pedestrian walkway, pedestrian use along Linden Street will no doubt see a dramatic increase. This project will increase the economic vitality of and promote civic pride in the surrounding businesses. • Partnerships have been developed and encouraged by the project. The City, Downtown Development Authority and private property owners are working together with the State Historical Fund to save a rare historic resource. • This project will have a positive effect on the local economy by utilizing local consultants and contractors. • Planned media releases will raise awareness of the project and generate interest in the Old Town Historic District in general, and in the 216 Linden Building in particular, affording it recognition in Fort Collins' history. • Given the project's highly visible location in the Old Town National Historic District, this project will help future generations interpret their City's beginning and early growth, with correct, in -context elements. The Old Town Historic District in Fort Collins is especially complete in this block, with no infill of new buildings. This block was the entry from the bridge over the Poudre River into town and the gateway for travelers entering the town by the Union Pacific Railroad. The block is directly across the Poudre River from where the original Fort was located and, at one time, housed the largest mass of civilian buildings near the Fort. • The Fort Collins civic, business, and preservation communities support this project. Please find letters of support from Community Members attached as Attachment E. OG.The Combined Scone of Work and Budget are new. In the past, the budget and scope of work were on separate pages. To better coordinate these components of the application, they have been combined. An example is provided. Write a detailed outline of the work you propose to accomplish in this grant, which is called a SCOPE OF WORK. This category indicates your knowledge of the work that needs to be done, and it should reflect the information you provide in the BUDGET, which is on the same page. (0-20 points) SCOPE OF WORK BUDGET Indigo Rose Clothing & Books Category TYPE OF WORK SHF Fund Other Funds Total Budget Store Front Demolition & recycle $1,082.00 $1,082.00 $2,164.00 Manufacture storefront frame & panels $3,960.00 $3,960.00 $7,920.00 Manufacture & install doors $3,077.00 $3,077.00 $6,154.00 Manufacture & install windows & sash $3,665.00 $3,665.00 $7,330.00 Manufacture & install awning $346.00 $345.00 $691.00 Paint exterior 1 prime 2 finish coats $1,860.00 $1,860.00 $3,720.00 Interior drywall and insulation $237.00 $0.00 $237.00 Electric $100.00 $0.00 $100.00 Store Front Totals $14,327.00 $13,989.00 $28,316.00 Upper Floor Demolition & recycle $868.00 $868.00 $1,736.00 Manufacture & install trims and siding $3,480.00 $3,480.00 $6,960.00 Bay window support system/interior ceiling $3,837.00 $3,837.00 $7,674.00 E repair Manufacture & install 3 awnings $695.00 $695.00 $1,390.00 Window repair $2,886.00 $7,400.00 $10,286.00 Interior drywall and insulation $160.00 $160.00 $320.00 Electric $50.00 $50.00 $100.00 Upper Floor Totals $11,976.00 $16,490.00 $28,466.00 General Barricades & barriers $1,317.00 $0.00 $1,317.00 Permits $2,620.00 $0.00 $2,620.00 Overhead & profit $0.00 $7,208.00 $7,208.00 Grant management 6% $4,433.00 $0.00 $4,433.00 Title company $0.00 $530.00 $530.00 General Totals $8,697.00 $7,738.00 $16,435.00 Reserve $327.00 $673.00 $1000.00 TOTALS $35,000.00 $38,890.00 $73,890.00 SCOPE OF WORK DESCRIPTION with CATEGORY TOTALS Rehabilitation of the fapade (west elevation) including the removal of the existing finish, rehabilitation of historic windows, installation of an historically similar storefront system, and finish on the exterior to be similar to the original 1905 fagade. Work includes: STORE FRONT: Remove metal storefront including windows/ doors and board -up as needed. Recycle all possible parts of the demolished storefront. Confirm (through ghosting, photos and hidden materials) the original storefront make-up. Manufacture & install new frames for window and door systems as per drawings by AE designs. Frames will include lower paneling as required. Manufacture and install 2 new doors similar in style to original doors. Manufacture and install new window sash and glazing to complete storefront. Manufacture and install awning across storefront similar to original. Prime or seal any bare wood occurring during rehabilitation work. Paint west exterior with one coat of primer and 2 coats finish paint. Repair Interior electric and finish disrupted by exterior work. $28,316.00 UPPER FLOOR Remove non -historical sidings and trim. Confirm (through ghosting, photos and hidden materials) the original storefront make-up. Manufacture and install trims & siding, similar to original. Manufacture and install beam system to support upper bay window, including removal of bay soffitt and wall system to allow insertion of beams into framing of 2nd floor system. Repair floor blocking after beam placement and enclose. Manufacture and install three awnings over upper windows, similar to originals. Repair Interior electric and finish disrupted by exterior work. Remove existing sashes and clean offsite for repair. Repair work on sashes will include: tighten joints as needed, repair rot with a 2 part epoxy process, wood "Dutchman" approach, or replace (if needed) with old growth stock. Scrape any loose paint on frames and trim. Replace missing and broken window panes. Repair glazing as needed. Bed glass in glazing compound, if replaced. New weatherstrip where existing has failed. J Procure similar hardware to original and install where missing. Rehabilitate other exterior pieces, such as sills and exterior trim, as needed. Re -install all removed sash. Prime or seal any bare wood occurring during rehabilitation work. Paint west exterior with one coat of primer and 2 coats finish paint. Fixed sashes will be repaired in place. $28,466.00 GENERAL CONDITIONS Contingency Cost of barricades and other site safety work. Pay for Grant Management, Permits, and Title work to complete project. Contractor Overhead & profit. $17,435.00 TOTALS: $73,890.00 See Attachments D: Estimates, Schedule of Values & Engineers Narrative This budget is derived from: (check all that apply): ❑ Attached bids (derived from construction documents detailing the specific scope of work) v Attached proposals (esfimates of cost for the general scope from consultants, contractors, etc.) Other (explain): List of Attachments: A- Photos B- Drawings C- Color Charts & Awnings D- Estimates & Narratives E- Letters of Support 10 G C� 10. ADA COMPLIANCE: The Grant Recipient and Property Owner assure the State that at all times during the perfomumce of this contract no qualified individual with a disability shall, by reason of such disability, be excluded from participation in, or denied benefits of the service, programs, or activities performed by the Grant Recipient and Property Owner, or be subjected to any discrimination by the Grant Recipient or Property Owner upon which assurance the State relies. Further, all real property improvements shall conform to applicable ADA requirements. 11. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS: The Grant Recipient and Property Owner agree to provide History Colorado with copies of any archaeological surveys developed during the course of, or under a project financed either wholly or in part by History Colorado. The Grant Recipient and Property Owner agree to otherwise restrict access to such archaeological surveys, as well as access to any other information concerning the nature and location of archaeological resources, in strict accordance with the provisions of History Colomdo-the Colorado Historcal Society, Office of Archaeology and Historic Preservation, Dissemination of Cultural Resource; Policy and Procedures, adopted October 1991 (Revised Nov. 2002), a copy of which is available from History Colorado. 12, REPORTS: The Grant Recipient and/or Property Owner shall deliver project progress reports to the State every six (6) months dating the project which document the progress of the Project. and SHF Financial Rtponr (Attachment 1) as described and at die times in the List of SubmiaaA(Exhibit Q. 13. MATCHING FUNDS: The Grant Recipient and Property Owner agree to make available the necessary funds in complete the Project and provide matching funds, if applicable, in accordance with the Project Budget as set forth in Exhibit B. In the event that said matching funds become unavailable, the State may, in its sole discretion, reduce its total funding commitment to the Project in proportion to the reduction in matching funds. If the total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its pro-rata share of the unexpended budget. 14. CONSULTANTS/SITE VISITS: The State may: a. Review any project planning documents and methods for conformity with the applicable standards, manuals, and guidelines; b. Make site visits as determined necessary by the State before, during and/or at the conclusion of die Project to provide un-site technical advice and to monitor progress. Any exercise of the States rights under this Paragraph 14 shall not relieve the Grant Recipient or Property Owner of am, of its Contract obligations. 15. PUBLIC ACKNOWLEDGMENT OF FUNDING SOURCE: In all publications and s'undar materials funded under this Contract, a credit line shall be included that reads: "This project is/was paid for in part by a State Historical Fund grant from I listory Colomdo- the Colorado Hworical Sociery.",In addition; History Colorado reserves the right to require that the following sentence be included in any publication or similar, material funded through this program: "The contents and opinions contained herein do not necessarily reflect the views or policies of History Colorado, the Colorado I listorical Society". 16. PRESERVATION Oh PROPERTY: The Property Owner hereby agrees to the following for a period of ten (10) years commencing on the date of this Agreement. a. Without the express written permission of History Colorado, no construction, alteration, movement, relocation or remodeling or any other activity shall be undertaken or permitted to be undertaken on the Property which would alter the architectural appearance of the Property, adversely affect the structural soundness of the Property, encroach on the open land arm of the Property, or adversely affect such prominent landscape features as trees, hedges, fences, walls or paths. Suds work, when permitted shall be performed according to the Secretary of the Interior's Slandanfr far lbt Trealmew of Hamm Pmptaits and 16t Gradelints for Preiendng, Rtba1r41a1rng, Resranny and Remmmwaixg Historic Bnidfings, issued and as may from time to time be amended by the U.S. Secretary of the Interior, hereinafter collectively referred to as the "StandanY'. In ail events, the Property Owner further agrees at all times to maintain the Property in a good and sound state of repair and to maintain die Property according to the Staadanfr so as to prevent deterioration of the Property. b. In the event of severe damage or total dcstmetion to the Property (defined, for the purpose of this Agreement, as sudden damage or loss caused by fire, earthquake, inclement weather, acts of the public enemy, riot or other sbndar casualty) not due to the fault of the Property Owner this Agreement shag terminate as of the date of such damage or destruction. c. History Colorado, or a duly appointed representative of History Colorado, shall be permitted to inspect the Property at all reasonable times in order to ascertain if the above conditions are being observed. d. To the extent authorized by law, the Property Owner shall indemnify, save, and hold harrtdess the State, its employees and agents, against any and all claims, damages, liability and court awards, including costs, expenses, and attorneys fees incurred as a result of any act or omission by the property owner, or its employees, agents, subcontractors, or assigmees pursuant to the terms of this contract. 17. REMEDIES: In addition to any other remedies provided for in this contract, and without limiting its remedies otherwise available at law, the State may exercise the following remedial actions if the Grant Recipient substantially fails to satisfy or perform the duties and obligation in this Contract. Substantial failure to satisfy the duties and obligations shall be defined to mean significant, insufficient, Page 3 of 8 incorrect, or improper performance, activities, or inaction by the Property Owner or Grant Recipient. These remedial actions are as follows: a. Suspend the Grant Recipient's performance pending necessary corrective action as specified by the State without Grant Recipicnts entitlement to adjustment in price/cost or schedule; and/or b. Withhold payment to Grant Recipient until the necessary services or corrections in performance are satisfactorily completed in accordance with the Stadan4, the SFIF Grants Manual and/or the terms and conditions of this Contract, and/or c. Request the removal from work on the contract of employees or agents of the Property Owner or Grant Recipient whom the State i justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, of whose continued employmenton the contract the State deems to be contrary to the public interest or not in the best interest of the State; and/or d. Deny payment for those services or obligations which have not been performed and which due to circumstances caused by the Property Owner or Grant Recipient cannot be performed, or if performed would be of no value to the State. Denial of the amount of payment must be reasonably related to the value of work or performance lost to the State; and/or e. Declare all or part of the work ineligible for reimbursement; and/or f. In the event of a violation of this Agreement, and in addition to any remedy now or hereafter provided by law, History Colorado may, following reasonable notice to the Grant Recipient institute suit to enjoin said violation or to require the restoration of the Property to its condition at the time of this Agreement or condition at the time of the most recent satisfactory inspection by Ilistory Colorado. History Colorado shall be entitled to recover all costs or expenses incurred in connection with such a suit, including all court costs and attorney's fees.. g. Terminate the contract: for default. 18. RECAPTURE AND OTHER REMEDIES AGAINST PROPERTY OWNER: The following recapture provision shall apply only to the Property Owner. In the event that the property, as a whole, is sold within a five-year period after completion of the project, the following recapture provision shall apply. If the property is sold within the first year after completion, one -hundred percent (100%) of the funds awarded shall be returned to the State, with a twenty percent (20%) reduction per year thereafter. a. In the event of a violation of this Agreement, and in addition to any remedy now or hereafter provided by law, Ilistory Colorado may, following reasonable notice to the Property Owner, institute suit to enjoin said violation or to require the restoration of the Property to its condition at the time of this Agreement or condition at the time of the most recent satisfactory inspection by Ilistory Colorado. Flistory Colorado shall be entitled to recover all costs or expenses incurred in connection with such a suit, including all court costs and anomey's fees. b. The failure of History Colorado to exercise any right or remedy granted under this Agreement shall not have the effect of waiving or limiting the exercise of any other right or remedy or the use of such right or remedy at any other time. 19. CUMULATIVE EFFECT: The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of them individually or simultaneously. 20. TERMINATION OF CONTRACT FOR DEFAULT: If, through any cause, the Grant recipient or the Property Owner shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Grant Recipient or Property Owner shall violate any of the covenants, agreements, or stipulations of this Contract, the State shall, in addition to other remedies, thereupon have the right to terminate this Contract for default by giving written notice to the Grant Recipient and Property Owner of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all Finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, products, submittals, and reports or other material prepared by the Grant Recipient or Property Owner under this Contract shall, at the option of the State, become its property, and the Grant Recipient and/or Property Owner shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Grant Recipient and the Property Owner shall not he relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Grant Recipient or the Property Owner, and the State may withhold any payments to the Grant Recipient or Property Owner for the purpose of setoff until such time as the exact amount of damages due the State from the Grant Recipient and/or Property Owner are determined. 21. TERMINATION BY STATE: The State may terminate this Contract at any time the State determines that the purposes of the distribution of State monies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Grant Recipient and the Property Owner and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials paid for with State funds shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Grant Recipient and/or Property Owner will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Grant Recipient and/or Property Owner covered by this Contract, less payments of compensation previously made. Provided, however, that if less than sixty percent (60%) of the project covered by this Contract has been completed upon the effective date of such termination, the Grant Recipient and/or Property Owner shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Grant Recipient and/or Property Owner during the Contract period which are Page 4 of 8 c/ c directly attributable to the uncompleted portion of the project covered by this Contract. If this Contract is terminated due to the fault of the Grunt Recipient and/or Property Owner, Paragraph 20 hereof relative to termination shall apply. 22. CIL\NGES: This Contract is intended as the complete integration of all understandings between the parties, at this time, and no prior or contemporaneous addition, deletion, or other amendment hereto, including an increase or decrease in the amount of monies to be paid to the Grant Recipient and/or Property Owner, shall have any force or effect whatsoever, unless embodied in a written contract amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision, modifications to Exhibit A (Scope of Work) and/or to Exhibit C (List of Submittals) may be approved by letter of agreement, agreed to in writing by all parties, providing that no such letter of agreement may alter either the total amount of funds payable under the contract, as set forth in Paragraph 5; or the contract period, as set forth in Paragraph 4, unless such changes are embodied in a written contract amendment executed and approved pursuant to the Stays Fiscal Rules. 23. CONFLICT OF INTEREST: The Grant Recipient or Property Owner agree not to engage in any conduct, activity, or transaction related to this contract which would constitute a conflict of interest under any applicable State or Federal law. 24. COMPLIANCE WITH APPLICABLE LAWS: At all times during the performance of this Contract, the Grant Recipient and Property Owner shall strictly adhere to all applicable Federal and State laws that have been or may hereafter be established. 25. SEVERABILITY: To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. 26. BINDING ON SUCCESSORS: Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 27. ASSIGNMENT: No party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior written consent of the other parties. 28, SURVIVAL OF CERTAIN CONTRACT TERMS: Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance of compliance beyond the termination date of the contract shall survive such termination date and shag be enforceable by the State as provided herein in the event of such failure to perform or comply by the Grant Recipient and/or the Property Owner or their subcontractors. 29. BOND REQUIREMENT: If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any budding, road, bridge, viaduct, runnel, ucavation or other public work for this State, the Contractor shag, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract Such bond shag be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shag provide that if the Contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such Contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the Contractor arising under such contract shag be audited, allowed or paid. A certified or cashiers check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. 30. CORA DISCLOSURE: To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS §24-103.5-101, if any, uc subject to public release through the Colorado Open Records Act, CAS §24-72-101, er seq. 31. STATEWIDE CONTRACT MANAGEMENT SYSTEM: If the maximum amount payable to Grantee under this Grant is S700,000 or gteater, either on the Effective Dam or at anytime thereafter, this §31 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, 524-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide Contract Management System. Grantee's performance shag be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24-103.5-101, and State fiscal rules, politics and guidance Evaluation and Review of Grantee's performance shall be pan of the normal Grant administration process and Grantee's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shag not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shag be determined by the specific requirements of such obligations and shag include factors tailored to match the requirements of Grantee's obligations. Such performance information shag be entered into the statewide Contract Management System at intervals esabbshed herein and a final Evaluation, Review and rating shall be rendered within 30 days of the end of the Grant tens. Grantee shall be notified following each Page 5 of 8 c) C performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the pertimnancc measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by CHS, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future grants. Grantee may contest the final Evaluation, Review and rating by. (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon showing of good cause. Page 6 of 8 c, c 1. CONTROLLER'S APPROVAL. CBS 306M(1). Thu conrrre, shill nor be ralaid and. by been appmved by the Colorado Sere Conrrdlu or designee. 2. FUND AVAILABILITY. CRSN.30-202(5.5). rimmeid obligations of the Stain payable after the current find year are comingnt upon funds for that purpose living appropriated, budgcned, .cod th,,i,,- made wadable. 3. GOVERMENTAL IMMUNITY. No term or condidon of this contract shill be constmed or interpreted v a waiver, eapme or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Goecmmend Immunity An, CRS 2410.101 a v , or the Federal Tort Claim, Ar, , 26 U.S.C. 13e6(b) and 2671 et seq., as applicable nor or hcnahe, amended a. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as; an independent contractor and not van cmployrc. Neither Continuer nor any agent or employee of Contracro, shill be damned to be an agent or employee of the Sete. Con asewr and to employees and agents in not entided to unemployment insurance or a orlon compensation berofies through the Sae and the Surc shill or pay for or otherwise provide such coverage for Connote .. or any of in agent or employees. Uncmplaymen, ins ... cc bvaefio wgl b<vagable m Coveruem and it, employees and agents oily if such coverage is mile available by Conmcm, or a third parry. Cantacmt shall pay when that all applicable emplvymmt eves and 'mmme cases and ION head tees incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or undcmantng, except v expressly act forth herein. Contnerot shall (a) provide and keep in force worken' compensation and unemployment compensation m morc in the amounts required by lam, (b) proeidc proof theaof when requested by the State, and (s) be solely responsible for in acts and those of in employer and agents. S. COMPLIANCE WITH LAW. Co..,., shall a ncdy comply wish all applicable federal and Sure laws, elm, and roonores in effort or bercaftc, established, including, with.., limitation, laws applicable n discrimination and unfair employment practices. 6. CHOICE OF LAW. Colonel. lam, and sugo and regulations issued peweem then., steal be applied in the interpretation. execution, and e.bommm, of this concnu Any provision included or mroryanted hemm by refineoce which ro dies with said hear, des, and regulations shall be null and avid Any provision incorporated herein by reference which purpom to mgan this or any .ter Spacial Prove mm in whole or b part shall not be valid or mf.arable or available in any action as In, whitener by way of comphmp de(mse, or otherwise. Any provision mndemd will and mid by the operation of this provirion shill nor invalidism the mmamdro of this threaten, capable of e.m.min. 7. BINDING ARBITRATION PROHIBITED. 'Dec Sure of Colorado does not agree to binding wbitntion by any extrijudiced body or proton. Any provision on the contrary in this comtan or mrngaoracd herein by refemncc shall be out and void. S. SOFTWARE PIRACY PROHIBITION. Governor'. Eaemtive Order D 00200. Sure or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of compum sofwave in violation of fedenl copyright laws or applicable Icarumg restrictions. Contractor hereby certifss and wamnn that, during the toms of this commit and any .,.a..,. Co...., has and shall maintain in place appropoam sptcma and conwls ro proem such improper use of pubkc hinds. If the Sea dcremimes thu Contmior b in violation of hie prevision, thc Sum rosy excrdu• any remedy available at law or in rquiry or under this conotet, including, without limitation, msmmgate mmtinadon of this concoct and any remedy comencrot wish federal copyright laws or applicable lieemfng resoiedoms. 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CBS 74-1&201 and U-50-507. 'I he signatories aver that to their knowledg, n employee of he Sete has any persona or beneficial inremt whatmcacr in the senior or p,opcny denobed in his tomtit, Contractor has no interest and shall not supine any interval, direct or Witter, that would conBie many manner or degree with the performance of Contractor's semres and Contractor shall not employee any person hying such known interest 10. VENDOROPFSET. CR529J0.202(1)avd 21J0.202A.(Nor App/inb/e roinrcrg.rcmmenm/conoacm/ Subject to CRS 2130302e (7.5), the Sae Controller may withhold payment under the Site's vendor offset intercept system for debts owed to Stain agencies for. (a) unpaid child support debt, or child support aeresnge; (b) unpaid balances of tax, accrued intemr, or other charges specified in CRS 39 21-101. m star.; (c) unpaid bans due to this Student lean Division of the Depa+mvrt of Higher Education; (d) amounts required to be, paid to the Unemplol ownt Compensation fund; and (a) other unpaid debts awing to the Sec as a mult of final agency droominstion or'Ndieial action. 11. PUBLIC CONTRACTS FOR SERVICES. CBS S-17.5-101./Nor Apphnab/e ro yaeemenn mhnn` As the eke, issoence, or oath olsorim air, msesrmenr adnicay sem'ses orfondvranagemenrsenicerspansomdpmjems, ineergarcmmenn/agmemenn, ermikormdon mchmbgyse cats orprodocm tad s. viceal Contract., evorfics, unments, and ayro des is don not knowingly employ or contract with an i0egal alien who will perform work under this contract and will confirm the employment eligibility of all employees who am newly hired for employment in the United States to perform worlr ••.der ter cammcr trough participatlon in the E-verify Piny m or Department proem established pursuant to CAS 5-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an ilegal alien to npffmm werk under thi= commit ar into a contractwwith,a subcontractor that fags to certify to Contractor that the subeemnemt shag not knowingly employ or concoct wit an dig I aien tor ner,„v wor u.carter this consists. Contractor (a) shall nor use E.VerdI Program or Deportment program promdum in urWemke pre -employment screaming of job applicants while this contract is being performed, (b) sha0 notify the subcommemr and the contracting State agency within three dap if Contractor by utuil browedg that a subcontractor is employing or contracting wih an ilegal alien for work under this concoct, (c) shall nmdnan, he subcontract if a subeonmees, ders no, top employing or mmommi, with the i14g1 alien rahin three days of receiving the notice, and (d) tall comply with ...bit requests made in the count of an ioreatigriov, undertaken person, in CRS X.17.5.102(5), by he Colorado Department of labor and Employment If Contractor participates in he Department programs, Cantncro, shall deliver to the conrnct, State agency, Imtimtion of Higher Education ar politid subdivision a women, nonnmd aRmution, aRmdng has Cantracm, by raambed the legal work marm of such empb wo, and sha0 comply with au of he other noWimmenes of the Department program. If Contractor fags to comply with any mWimmenr of this provision or CRS 817.5-101 it seq., he contracting State agency, unmem r of highs, eduction or paliud subdivision may retminao his contract for bench and, if so triturated, Contractor hill be liable for damages. 12, PUBLIC CONTRACTS WITH NATURAL PERSONS. CBS W6.3-10L Comm�or, if a natud person dghtecn (ltl) Yon of ag ar older, hereby wevs and ammo unrkr pcmlry of perjury runt he or she (a) is v ciriacn or othewue by CR present in the Udtcd the es pursuant ro federal law, ct. shall comply wih the provisions of CBS 2a765-101 er seq., and (e) by produced one fortes o(Wend(catian required by CBS 24765.107 prior ro he effective dam of this eomm�. Rinsing]... y1 2009 2` Revision 10, 2009 Page 7 of 8 CONTRACT SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT *Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR: (Grant Recipient) City of Fort Collins Legal Name of Contractin ntity 'Signature of Authorized Officer 1C)I.')I 1 i Date Print Name of Authorized Officer C^ t -4-" 1 �- l c'-� , C-L1 f - \ - Print Title of Authorized Offic r udith Winterowd Legal Owner 1. 7( Signature of Legal Owner / a /4 Date STATE OF COLORADO John W. Hic looper,GOVERNOR BY: a' -a a Executive Director or Designee Edward C. Nichols, President History Colorado, the Colorado Fhstoncal Society Date: Department of Higher Education STATE BY: Director Steve W Date: 1280i�, r_ O,U IP & 5111'/Deputy SI IPO WAIVER CONTRACT REVIEWER Print Name of Legal Owner Contracts fficer or Designee Janette Vigil, State Historical Fund Print Tide of Legal Owner Date: //- oa-1 I ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pat• Contractor for such performances or for any goods and., or services provided hereunder. STATE CONTROLLER vid J. rmott, CPA BS'. S n .kLeh HS, Chief Finy V QfjeQjj Remed, .luyvst 23, 2()I I v Doc rrimt,2712-7039.doc Approval Contract B Page 8 of 8 G c' City of Fort Collins Exterior Rehabilitation Project #2012-M1-034 SCOPE OF WORK Exhibit A I. Project Purpose: The purpose of this project is to rehabilitate the fagade of the 216 Linden Building in Fort Collins. II. The Scope of work is as follows: A. Store Front Rehabilitation 1. Remove metal storefront including windows/ doors and board -up as needed. 2. Confirm the original storefront make-up. 3. Manufacture & install new frames for window and door systems. 4. Manufacture and install new doors similar in style to original doors. 5. Manufacture and install new window sash and glazing to complete storefront. 6. Manufacture and install awning across storefront similar to original. 7. Prime or seal any bare wood. 8. Paint west exterior. 9. Repair interior electric and finishes disrupted by exterior work. B. Upper Floor Rehabilitation 1. Remove non -historical sidings and trim. 2. Confirm the original storefront make-up 3. Manufacture and install trims & siding, similar to original. 4. Manufacture and install beam system to support upper bay window (including removal of bay soffit and wall system to allow insertion of beams into framing of 2^d floor system). 5. Repair floor blocking after beam placement and enclose. 6. Manufacture and install three awnings over upper windows, similar to originals. 7. Repair interior electric and finishes disrupted by exterior work. 8. Repair sashes. 9. Procure and install hardware where missing. 10. Rehabilitate other exterior pieces, such as sills and exterior trim, as needed. 11. Prime or seal any bare wood. 12. Paint west exterior. In accordance with Section 12-47.1-12-1 C.R.S. (1999) The Limited Gaming Act .which authorizes the Colorado Historical Society to administer the State Historical Fund as a statewide grants program. 14:\Contacts\2012\12N11034 F_shibic A.doc