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RFP - 7406 BOBCAT RIDGE HISTORIC BUILDINGS REHABILITATION
Addendum 3 7406 Bobcat Ridge Historic Buildings Restoration Page 1 of 2 ADDENDUM No. 3 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7406: Bobcat Ridge Historic Buildings Rehabilitation OPENING DATE: 3:00 PM (Our Clock) July 31, 2012 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 – Additional Information Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing Addendum 3 7406 Bobcat Ridge Historic Buildings Restoration Page 2 of 2 EXHIBIT 1 – ADDITIONAL INFORMATION 1.) Temporary Utilities: Temporary Water and Electric for project use will be available to the contractor from the Bobcat Ridge Ranger Office/Residence or an alternate location across the gravel drive from the project. Contractor needs to work out the logistics with the City Project Manager and the Ranger (who lives in the house) for electricity and water. Electrical cords will be allowed to cross the gravel road but the Contractor must protect and maintain the integrity of this connectivity at all times. It is expected that temporary electric chords will be removed at the end of each working day. 2.) Sanitary facilities are located on site in the parking lot for the Bobcat Ridge Natural Area. The Contractor may use these facilities, or the Contractor’s alternative is to provide his own temporary facilities at his expense. Should the Contractor decide to provide these facilities the location must be approved by the Owner. The Ranger Office/Residence will not be available to the Contractor for these purposes under any circumstances. 3.) The Ranger Office/Residence will not be available to the Contractor for any other purposes including telephone. 4.) For large equipment access to the site from the gravel road, the Contractor may remove the two closest posts at the walkway to render this opening larger. The contractor will close this opening when not in use with caution tape and or temporary fencing. The contractor will close this opening with caution tape and fencing at the end of each working day and will post a sign that reads “Restricted Access – Construction Personnel Only.” The Contractor will protect and reinstall or replace these posts at the end of the project in an equivalent condition as existing at original removal. 5.) See Restorative Activities: Sitework in the RFP. The Owner will be removing two Elm trees (originally incorrectly identified as Willows) that are directly behind (north of) both the Chicken House and the Barn. Any reference to tree trimming and/or removal by the Contractor of these trees is hereby removed from the Contractor’s scope of work in the RFP. Scope of work for the Contractor to grade an adequate channel for drainage adjacent to each building remains the same as specified in the RFP. ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7406: Bobcat Ridge Historic Buildings Rehabilitation OPENING DATE: 3:00 PM (Our Clock) July 31, 2012 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: 1. A pre-proposal meeting will be held at the site on July 20, 2012 at 10:00 am. 2. The last day for questions is July 23, 2012 at 5:00 PM. 3. Additional Information Exhibit 1 – Exhibits A-C from Contract between State Historical Fund & the City of Fort Collins Exhibit 2 – Historic Structure Assessment & Plan Set Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 1 of 57 City of Fort Collins Natural Resources Department Exhibit A Interior and Exterior Restoration Project #2012-01-040 Page 1 of 2 SCOPE OF WORK I. Project Purpose: The purpose of this project is to restore the Pioneer Barn and Chicken Coop at the Bobcat Ridge Natural Area. II. Scope of Work is as follows: A. Preservation Activities (Construction) – Pioneer Barn 1. Sitework a. Regrade and construct swale at north, east, and west side b. Remove debris from interior and surrounding site 2. Structural a. Install caissons and base plates to support existing columns b. Selective repair damaged or missing structural framing 3. Exterior Walls a. Repair and/or replace damaged or missing board and batten siding b. Enclose south wall with girders/board batten siding 4. Roof a. Repair and/or replace fascia and barge rafters as needed b. Remove and replace all wood shingles with taper sawn wood shingles c. Replace metal roof with skip sheathing and wood shingles 5. Interior Finishes and Doors a. Repair feed trough b. Replace existing strap hinges with new hinges to match original c. Install new door hardware d. Restore and make operable east lean-to door B. Preservation Activities (Construction) – Pioneer Chicken House 1. Sitework a. Regrade and construct swale at north, east, and west b. Remove or trim large willows on north side c. Remove debris from interior and surrounding site 2. Foundation/ Exterior Wall Log Work a. Disassemble and inventory timbers for re-use b. Construct a new sandstone foundation c. Reconstruct hewn log building 3. Roof a. Remove and dispose of damaged roof framing b. Reconstruct new roof system c. Install taper sawn wood shingles 4. Doors and Window a. Reconstruction of door and window frames EXHIBIT 1 - EXHIBITS A-C FROM CONTRACT BETWEEN STATE HISTORICAL FUND & CITY OF FORT COLLINS Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 2 of 57 City of Fort Collins Natural Resources Department Exhibit A Interior and Exterior Restoration Project #2012-01-040 Page 2 of 2 b. Repair and rehang door C. Architectural, Engineering, and Archeological Services 1. Develop construction documents 2. Archaeological monitoring 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. H:\Contracts\2012\1201040 Exhibit A.doc Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 3 of 57 City of Fort Collins Natural Resources Department Exhibit B Interior and Exterior Restoration Project #2012-01-040 Page 1 of 1 page PROJECT BUDGET TASK AMOUNT A. Preservation Activities (Construction) - Pioneer Barn 1. Site Work $3,100 2. Structural $5,400 3. Exterior Walls $4,050 4. Roof $8,175 5. Interior Finishes and Doors $1,200 B. Preservation Activities (Construction) – Pioneer Chicken House 1. Site Work $4,137 2. Foundation/Exterior Wall Log Work $32,025 3. Roof $8,125 4. Doors and Window $1,750 Subtotal Construction Costs (A + B) $67,962 C. Architectural, Engineering, and Archaeological Services 1. A/E Design Fees (10% of A+B) $6,796 2. Archaeological Services $2,000 D. General Conditions, Contractor’s Profit 1. General Conditions (15% A+B) $10,194 2. Contractor’s Profit (13% A+B) $8,835 E. Project Administration 1. Grant Administration (5% Subtotal A, B, C & D)* $4,789 2. Project Management (10% Subtotal A, B, C, & D) $9,579 Subtotal $110,155 Contingency (15% A, B, C, & D) ** $14,368 PROJECT TOTAL $124,523 Grant Award (75%) $93,392 Cash Match (25%) $31,131 * Grant Administration cannot exceed 15% of Subtotal amount **Contingency - Must receive written approval from SHF Staff prior to use Travel must be within SHF/State allowable rates ($.50/mile – mileage, $100/night – Hotel, $46/day – Per Diem) H:\Contracts\2012\1201040 Exhibit B.doc Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 4 of 57 City of Fort Collins Natural Resources Department Exhibit C Interior and Exterior Restoration Project #2012-01-040 Page 1 of 2 pages LIST OF SUBMITTALS Project Reports Project Reports Due Date Society Response a. Payment Request Form (Attachment 1). Deliverable #1 below must be reviewed and approved before Advance payment is made. N/A Advance payment of grant award $33,047. b. Progress Report # 1 April 1, 2012 Review* c. Progress Report # 2 July 1, 2012 Review* d. Progress Report # 3 October 1, 2012 Review* e. Progress Report # 4 January 1, 2013 Review* f. Interim Financial Report (Attachment 1).** Deliverables #2 - 8 below must be reviewed and approved before Interim payment is made. January 15, 2013 Review & Approve. Interim payment of grant award $41,309.† g. Progress Report # 5 April 1, 2013 Review* h. Progress Report # 6 July 1, 2013 Review* i. Progress Report # 7 October 1, 2013 Review* j. Final Financial Report (Attachment 1) October 15, 2013 Review & Approve. Final Reimbursement of grant award $8,261.† *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. †Payment may increase due to approval of contingency funds Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 5 of 57 City of Fort Collins Natural Resources Department Exhibit C Interior and Exterior Restoration Project #2012-01-040 Page 2 of 2 pages PROJECT DELIVERABLES Project Deliverables Society Response 01. Initial consultation with SHF Historic Preservation Specialist (within 60 days of contract start date) Review/Comment and or Approve 02. Subcontract Certification – Contractor(s) Review/Comment and or Approve 03. Subcontract Certification – Architect, if necessary Review/Comment and or Approve 04. Subcontract Certification – Engineer, if necessary Review/Comment and or Approve 05. Before/existing condition photos of areas affected by scope of work Review/Comment and or Approve 06. Historical photos/documentation of areas to be treated Review/Comment and or Approve 07. Pre-Construction meeting with SHF Historic Preservation Specialist Review/Comment and or Approve 08. Construction Documents / Plans and Specifications - Barn Review/Comment and or Approve 09. Construction Documents / Plans and Specifications – Chicken Coop Review/Comment and or Approve 10. Consultant Resume - Archaeologist Review/Comment and or Approve 11. OAHP Site Forms, if necessary Review/Comment and or Approve 12. Copy of Archaeological Report Review/Comment and or Approve 13. Interim meeting with SHF Historic Preservation Specialist Review/Comment and or Approve 14. Copies of change orders, if necessary Review/Comment and or Approve 15. After photos of areas affected by Scope of Work Review/Comment and or Approve H:\Contracts\2012\1201040 Exhibit C.docx Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 6 of 57 BOBCAT RIDGE NATURAL AREA HYATT – SPENCE RANCH HISTORIC STRUCTURE ASSESSMENT City of Fort Collins, Colorado TABLE OF CONTENTS Page Executive Summary 1 Building Survey Summary 1.0 Introduction 1.1 Research Background/Participants 2 1.2 Building Location/Vicinity Map 4 1.3 Assessment Criteria 5 2.0 History and Use 2.1 Construction History and Architectural Significance 7 2.2 Proposed Program 10 2.3 Drawings of Existing Conditions 3.0 Building Condition Assessment 3.1 Site 11 3.2 Foundations 14 3.3 Building Structural System 18 3.4 Building Envelope – Exterior Walls 22 3.5 Building Envelope – Roofing and Waterproofing 24 3.6 Windows and Doors 27 3.7 Interior Finishes 32 3.8 Mechanical Systems 33 3.9 Electrical Systems 34 4.0 Analysis and Compliance 4.1 Hazardous Materials 35 4.2 Existing Materials Analysis 35 5.0 Preservation Plan 5.1 Prioritized Work 35 5.2 Phasing Plan 39 Photo Documentation Technical Literature References 45 Terms and Definitions 46 EXHIBIT 2 - HISTORIC STRUCTURE ASSESSMENT & PLAN SET Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 7 of 57 Bobcat Ridge Natural Area Page 1 Historic Structure Assessment Executive Summary The Bobcat Ridge Natural Area is an important historical, archaeological and natural area for the City of Fort Collins and surrounding region. The site contains a number of historic buildings, of which the 1888 Chicken House and Pioneer Barn, and the 1950s-era Equipment Shed and 1940s-era Poultry Shed are the subject of this Historic Structure Assessment. A previous HSA was completed in May 2005, which covered the 1890s-era Ranch House and the 1940s-era Calving Barn / Loafing Shed. This report is based upon field observations and field measurements made on August 8, 2008 but without the benefit of selective demolition to verify some of the structural assumptions that will follow. The following is a summary of results based upon our research, field observation and assessment of the buildings: The Bobcat Ridge Pioneer Barn, Chicken House, Equipment Shed and Poultry Shed are important structures in the historical development of the Hyatt Ranch and the surrounding area. The Pioneer Barn, Chicken House and Poultry Shed exhibit much of their original design; however, they are no longer in use, and it is unknown when the buildings became vacant. The Equipment Shed is still in use. The Bobcat Ridge Pioneer Barn, Chicken House, Equipment Shed and Poultry Shed are good examples of late 1800s to mid-1900s vernacular rural structures and agricultural building forms. The Bobcat Ridge Pioneer Barn and Equipment Shed are in fair structural and architectural condition, retaining their original plan forms, massing and elevations. The Bobcat Ridge Chicken House and Poultry Shed are in poor structural and architectural condition, but retain their original plan forms, massing and elevations. Most of the contributing historic integrity of the Bobcat Ridge Pioneer Barn, Chicken House, Equipment Shed and Poultry Shed remains intact, although many of the original materials will require repair or replacement. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 8 of 57 Bobcat Ridge Natural Area Page 2 Historic Structure Assessment 1.0 Introduction 1.1 Research Background/Participants The purpose of this project is to provide a Historic Structure Assessment (HSA) of portions of the late 1800s to mid-1900s Bobcat Ridge Natural Area, which includes the Pioneer Barn, Chicken House, Equipment Shed and Poultry Shed buildings and the immediate site. All future rehabilitation and preservation work should consider the recommendations of this HSA report. This assessment has been completed using the procedures and methods as established by the Colorado Historical Society (CHS), State Historical Fund (SHF), consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. This document provides an examination of the buildings and includes a status or rating of each of its physical features and elements. An itemized course of action needed to correct any deficiencies has been created. From this work, the initial preservation strategies and priorities for stabilization and rehabilitation of the buildings have been developed. Ultimately, this HSA report is intended to assist the owner of the historic property in the development of a comprehensive Master Plan for preservation of the site and buildings. Research on the Hyatt-Spence buildings on the Bobcat Ridge property at the head of Buffum Canyon was conducted using information gathered from a variety of published and unpublished sources located in Fort Collins, Loveland and Denver. Materials were found in archives at the Loveland Library, Loveland Reporter-Herald, the Fort Collins Library’s Local History collection, the Denver Public Library’s Western History Collection, and at the Stephen H. Hart Library of the Colorado Historical Society. Sources consulted are listed in the Technical Literature Reference section of this report. Ron Sladek, president of Tatanka Historical Associates, Inc, completed this research. A list of resources is included in the Technical Literature References section at the end of the report. This Historic Structure Assessment was completed by Aller•Lingle Architects P.C. The initial consultation was followed by the collection of information regarding existing site and building conditions, and available documented information regarding the property, including: Written documents/manuscripts such as National Register nominations or local designations, master plans, grant applications and newspaper/magazine articles. Recorded documents such as assessor records, building permits and Sanborn insurance maps. Drawings/specifications of the original building plans, additions and renovation projects, if available. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 9 of 57 Bobcat Ridge Natural Area Page 3 Historic Structure Assessment Hazardous materials reports, if applicable. No historical photographs have been discovered. Support in assessing the existing conditions and writing the report was provided by Eric Moe, P.E., Structural Engineer. The AllerLingle Architects P.C. team visited the site and completed thorough inspections of all building systems on August 8, 2008, completed field measurements of the building and took digital photographs of historic elements and relevant character-defining materials and features. Weather was slightly cloudy, with temperatures ranging from 80 to 85. The analysis and recommended treatments for each element and/or feature have been defined within the context of the selected treatment approaches defined in Section 1.3, including: Preservation Rehabilitation Restoration Reconstruction The HSA findings are provided to direct any future design and preparation of construction documents, and to consider the future welfare of the buildings, as well as issues relevant to ongoing maintenance. This assessment was funded by the Natural Resources Department of the City of Fort Collins, Colorado, through a grant from the D.R. & Virginia D. Pulliam Charitable Trust. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 10 of 57 Bobcat Ridge Natural Area Page 4 Historic Structure Assessment 1.2 Vicinity Map Legal Description The legal description for the Bobcat Ridge Natural Area is the SW ¼ of Section 15, Township 6 North, Range 70 West, County of Larimer, State of Colorado. The street address is 8429 W. County Road 32C. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 11 of 57 Bobcat Ridge Natural Area Page 5 Historic Structure Assessment 1.3 Assessment Criteria After evaluation in the field, each feature and element has been assessed to determine the appropriate course of action based upon its significance or importance to the property and its existing condition. Recommendations included in this report are based upon the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as follows: Preservation Preservation places a high premium on the retention of all historic fabric through conservation, maintenance and repair. It reflects a building's continuum over time, through successive occupancies and the respectful changes and alterations that are made. Rehabilitation Rehabilitation emphasizes the retention and repair of historic materials, but more latitude is provided for replacement because it assumes that the property has suffered more deterioration prior to work. Rehabilitation allows for an efficient contemporary use through alterations and additions. Both Preservation and Rehabilitation standards focus attention on the preservation of those materials, features, finishes, spaces and spatial relationships that, together, give a property its historic character. Restoration Restoration focuses on the retention of materials from the most significant time in a property's history, while permitting the removal of materials from other periods. Reconstruction Reconstruction establishes limited opportunities to "recreate" a non-surviving site landscape, building, or missing feature or element in new materials. The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings notes in its introduction that in Rehabilitation, "historic building materials and character-defining features are protected and maintained as they are in the treatment Preservation; however, an assumption is made prior to work that existing historical fabric has become damaged or deteriorated over time and, as a result, more repair and replacement may be required". In giving this latitude, the Guidelines for Rehabilitation includes the following hierarchal methodology: 1. Identify, Retain and Preserve Historic Materials and Features Similar to Preservation, it is essential that during any rehabilitation that recommendations "identify the form and detailing of those architectural materials and features that are important in defining the building's historic character and which must be retained in order to preserve the character". Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 12 of 57 Bobcat Ridge Natural Area Page 6 Historic Structure Assessment 2. Protect and Maintain Historic Materials and Features After identifying those materials and features that "are important and must be retained in the process of Rehabilitation work", their protection (i.e., "generally involves the least degree of intervention") and maintenance is addressed. 3. Repair Historic Materials and Features When the physical condition of "character-defining materials and features warrant additional work", repair is the next recommendation. 4. Replace Deteriorated Historic Materials and Features Rehabilitation guidance is provided for replacing features because the level of deterioration or damage precludes repair. While replacement of extensively deteriorated character-defining features may be considered, removal should not be recommended if the material or feature "could reasonably be repaired and thus preserved". 5. Design for the Replacement of Missing Historic Features If an entire feature is missing, one that has important architectural significance, then the Rehabilitation guidelines allow for its replacement when adequate historical documentation allows the replaced or new design to take into account the "size, scale and materials of the historic building, and most importantly differentiated so that a false historical appearance is not created". 6. Alterations/Additions for the New Use Continued use of a structure often requires alterations, additions and/or adaptive reuse. In these cases, the Rehabilitation guidelines provide that new additions should be avoided and considered "only after it is determined that those needs cannot be met by altering secondary" features or spaces. If required, then additions and alterations should be "clearly differentiated from the historic building and so that the character-defining features are not radically changed, obscured, damaged or destroyed". Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 13 of 57 Bobcat Ridge Natural Area Page 7 Historic Structure Assessment 2.0 History and Use 2.1 Construction History and Architectural Significance Historical Background The Hyatt-Spence Ranch is located where the county road from Masonville exits Buffum Canyon toward the west and enters the east-central edge of the Bobcat Ridge Natural Area property. The Pioneer Barn, Chicken House, Equipment Shed, and Poultry Shed included in the assessment are all located on the north side of the road in the SW ¼ of Section 15, Township 6 North, Range 70 West. South of the road are two additional large buildings, the Ranch House and Calving Barn / Loafing Shed in addition to a few smaller ones including the Hayshed, Livestock Pen, and Corrals; however, these buildings are not part of the scope of work included in this assessment. Together, the property consists of a collection of historic buildings and related features, all of them associated with the operation of a cattle ranch in the area between the early 1900s (and possibly late 1800s) and the late 1940s and 1950s. The land historically used for chickens and equipment storage is located to the north side of the road and north of the ranchstead. The buildings present on the site date predominantly from the late 1800s through the 1950s. While the Chicken House and Pioneer Barn evidently started during the early years of this period, there continued presence is part of the story that is told by this complex. Review of the chain of title for this property revealed that prior to 1918 the federal government owned it. On January 12, 1918 and April 12, 1918, Hamilton Frank Hyatt was granted two patents by the United States of America on the land found in the southwest quarter of Section 15. This included the ranchstead along with land both to the north and west. Within months of filing his patents, Hyatt sold the property to Lewis C. Roseberry, who died in June 22, 1921. The ranch was then transferred on October 5, 1923 by Roseberry’s estate to his wife Nancy and their children, including Charlotte Mitchell. Six years later, on October 26, 1929, Nancy Roseberry sold her portion of the property to Charlotte Mitchell who moved from Missouri. Then on April 6, 1939, Mitchell transferred the ranch to Hunter Spence, who added his wife Estes to the title in 1941. The couple then sold the property in 1957 to Ronald and Velma Tigges, who after a few years sold to D. R. Pulliam in 1961. Pulliam continued to own the site until his death on May 19, 1990 transferring his property to his estate. The City of Fort Collins Natural Areas Program purchased the property from the D.R. and Virginia D. Pulliam Charitable Trust in five phases from December 2003 to December 2007. Hamilton Hyatt did not acquire the patents to the 80-acre ranch at Bobcat Ridge from the government until 1918, although he and his family are documented to have arrived in the area as early as 1888 and could reasonably have built the Chicken House and Pioneer Barn sometime before 1900. It appears quite possible that these two buildings, in addition to the house, pre-dates his legal acquisition of the property and may have been illegally built there. According to Hunter Spence’s reminiscences, the Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 14 of 57 Bobcat Ridge Natural Area Page 8 Historic Structure Assessment Pioneer Barn and the Chicken House were actually built by Hamilton Hyatt. The Hyatts had a small amount of farmland to the south of their house that they used to plant corn. Hamilton and his wife, Ollie, had ten children, two of whom died in their early years. The area directly east of the ranchstead is historically knows as Buffum Canyon, and was associated with pioneer George W. Buffum. Also, the ranching area close to the site was designated during the 1900 census as the “Buffum Precinct”. This raises the question of whether the Buffum family might have been the original owners of the ranchstead prior to the Hyatts. However, George Buffum is thought to have lived on the east side of the hogback somewhere near the entrance to the canyon named in his honor. It is known that both George Buffum and the Hyatts (Hamilton and his wife, Ollie) were living in the Masonville area in 1898. Buffum arrived there as early as the late 1870s but moved to Fort Collins by 1900, where he purchased a home and became a realtor and permanent residence of the city. The Hyatts, however, stayed in the Buffum Canyon area through 1918, when Hamilton was 73 years old and they sold the property. He died in the hospital in Loveland in 1927. Ollie’s parents, the Rosebrooks, were early homesteaders in the Masonville area, and she lived there until her death a few years after Hamilton’s. Because no clear records of earlier occupants of this site were found prior to 1918, and the fact that the Hyatts were documented to be present in the immediate area back to the late 1800s it appears that they were the earliest family directly associated with this site. Country records show that the ranch house was built in 1896. If this is correct, the Hyatts were in fact living illegally on government land until they acquired the property in 1918. The connection between the Hyatts and Roseberrys is that in 1907, Hamilton and Ollie’s son Roy married Jessie Roseberry, whose parents Lewis and Nancy acquired the Bobcat Ridge ranchstead in 1918 and sold in 1923. In any case, the ranchstead at Bobcat Ridge would appropriately be know historically as the Hyatt Ranch due to its legal acquisition by the Hyatts in 1918, the likelihood that they resided there as early as the late 1880s or 1890s and the lack of information about any other earlier owners or occupants associated with this site. Architectural Significance The Ranchstead complex is made up of several buildings that all fulfilled a significant purpose associated with the operations of a cattle ranch. The most important building is that of the Ranch House, that was discussed in a previous Historical Structure Assessment (HSA), and is located at the center of the Ranchstead complex. The Ranch House is a side-gabled, 1-1/2 story, wood-frame home typical of the late 19th century pioneer-era in Colorado and is consistent with a probable date of construction in or around the late 1890s. The long rectangular Calving Barn / Loafing Shed, also discussed in the previous HSA, is located just south and within close proximity to the Ranch House for quick and easy access to the animals. The Calving Barn / Loafing Shed is a typical calving barn Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 15 of 57 Bobcat Ridge Natural Area Page 9 Historic Structure Assessment configuration with calving stalls, and covered open bays on the north and south. Constructed from board and battens and a shed roof, the Calving Barn represents a versatile building, constructed and expanded to accommodate uses necessary for the birthing and care of cattle during the middle decades of the 1900s. Located to the east of the Calving Barn is the livestock pens, hayshed, and corral consisting of open dirt areas bordered by heavy wood fences and gates all commonly found on ranching properties. North of the Ranch house, separated by the access road, are the four buildings to be discussed in this Historical Structure Assessment. Directly north of the Ranch House is the Equipment Shed with the adjacent Poultry Shed to the west and the Chicken House and Pioneer Barn to its east respectively. The Pioneer Barn, the farthest eastern building located north of the Ranch House, is relatively small for a typical barn structure constructed for this time period, but is believed to be one of the original buildings built by the Hyatt family around 1888. The simple gable roof form and lean-to addition is constructed from wood post and beams, typical of small ranch style construction of its time period. Even though there is evidence to suggest that the barn has undergone some slight changes over time, with the addition of the lean-to structure as discussed in Section 3.3 and 3.4, the historical context and integrity is still intact. The Pioneer Barn provides direct evidence of the progression and expansion of the ranchstead from a small ranch with a small barn to the construction of the larger Calving Barn / Loafing Shed at the south of the site. The Chicken House, located just west of the Pioneer and Barn to the north of the Ranch House, is one of the oldest buildings in the ranchstead complex. It is a small log building with a simple gable roof constructed of hewn squared log walls with dovetail notching at the corners and constructed into the side of the dirt slope. One large window is present at the south elevation, probably used for ventilation. There is evidence found in the history of the ranchstead complex that suggests the Chicken House dates back to 1888, when the Hyatt family moved into the area and built the structure. The Equipment Shed, constructed in the early 1950s most likely by Hunter Spence, is by far in the best condition of the four northside, ranchstead buildings, and is still used to this day. The Equipment Shed is a simple shed style roof form constructed of wood framing with corrugated metal siding exterior. The front entry has two large doors that grant access to the buildings interior. The Equipment Shed is directly north of the Ranch House, which is an ideal location for equipment storage and tools. The Poultry Shed, constructed in the early 1940s, is a long rectangular, cinder block building with sandstone foundation. The Poultry Shed has a large shed roof form and several large window openings that were most likely used for ventilation purposes. This shed was probably constructed during Hunter Spence’s ownership of the ranch and is a good example of the use of cinder block construction of this time period. In general the ranchstead and its surroundings are in deteriorating but intact condition Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 16 of 57 Bobcat Ridge Natural Area Page 10 Historic Structure Assessment and have retained much of their character from the late 1890s to the mid 1950s. All four buildings are examples of structures associated with the operation of a cattle ranch and have significant ties to important people in the history of the area. 2.2 Proposed Program In general, the Pioneer Barn and Equipment Shed remain in fair, but deteriorating physical condition. The Chicken House and the Poultry Shed are in poor condition and quickly deteriorating from exposure to the elements and lack of maintenance and requires attention at this time. Restoration and rehabilitation efforts need to be undertaken in the near future to address these issues and to prevent additional damage from occurring, preserving these important buildings for the enjoyment of future generations. The City of Fort Collins Natural Resource Department owns Bobcat Ridge Natural Area. The intention and the purpose of this HSA is to determine whether the buildings can be preserved and possibly restored to their original design, in order to properly display and represent the context of the site as an early example of an operating cattle ranch from the early 1900s. It is the hope of the City of Fort Collins Natural Resource Department that the site can be used as an interpretive center to illustrate the life and tasks of early cattle ranchers in the area. This report provides a detailed picture of the current condition of the buildings, addressing particular areas and elements of concern. While some of these items are related to age and use, others are the result of weathering and lack of maintenance. In addition to describing these conditions, the Historic Structure Assessment provides recommendations for restoration along with associated priorities and costs. This is done with the goal of providing in-depth analysis geared toward the eventual rehabilitation of the buildings using historic preservation methods. The intent of this restoration project is to preserve and restore the exterior of the buildings as closely as possible to its original condition and appearance, as well as to address other items throughout the building that are in need of attention. These efforts will be undertaken with sensitivity to the building’s historic materials, design and appearance. All aspects of the project will gravitate toward completing the rehabilitation of the Bobcat Ridge northside buildings with the goal of protecting its historic integrity. 3.0 Building Condition Assessment The existing conditions of the four structures located at Bobcat Ridge, as well as its site elements were evaluated using the following criteria. The terms have been taken from the SHF Annotated Scope of Work. A feature or element is evaluated in Good Condition when: the element is intact, structurally sound and performing its intended purpose; there are few or no cosmetic imperfections; the element needs no repair and only minor or routine maintenance. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 17 of 57 Bobcat Ridge Natural Area Page 11 Historic Structure Assessment A feature or element is evaluated in Fair Condition when: there are early signs of wear, failure or deterioration, though the element is generally structurally sound and performing its intended purpose; there is failure of a subcomponent of the element; replacement of up to 25% of the element or replacement of a defective subcomponent is required. A feature or element is evaluated in Poor Condition when: the element is no longer performing its intended purpose; the element is missing; deterioration or damage affects more than 25% of the element and cannot be adjusted or repaired; the element shows signs of imminent failure or breakdown the element requires major repair or replacement. 3.1 Site The site of the Bobcat Ridge Natural Area is a 2,604-acre parcel, part of the original Hyatt-Spence Ranch, located approximately one mile southwest of the town of Masonville in unincorporated Larimer County. It currently is used as a public natural area inclusive of horse trails and walking paths. The particular portion of the 2,604- acre parcel included in this assessment is fenced-off and off-limits to the public for safety reasons and to maintain the integrity of the existing buildings. The current access to the Bobcat Ridge Natural Area is a two-lane, private dirt access road that also provides entry to additional detached single-family residences near by. The original Ranch House located at the center of the Bobcat Ridge parcel is a 19th century, typical pioneer-era home constructed around the late 1890s. Both the Ranch House, Calving Barn / Loafing Shed, Livestock Pens, Corrals and Hayshed were all discussed in the previous HSA conducted for the Bobcat Ridge Natural Area. Since the completion of the original HSA, the City of Fort Collins Natural Resources Department has completed a master plan construction of the site including the rehabilitation of the original Ranch House into a new office, a new addition of a residence for an on- site park ranger, a new garage, and a new picnic shelter and information kiosk to be used for the public visitors. The city also removed the old unoriginal rusted Boxcar that was located between the Ranch House and Calving Barn / Loafing Shed and made efforts to stabilize the Calving Barn / Loafing Shed to prevent its inevitable collapse. The immediate site of the Pioneer Barn, Chicken House, Equipment Shed, and the Poultry Shed are on the southern flanks of a large sloping knoll with extensive rock outcroppings and ledges, north and west of the Ranch House. The buildings are sited and related to each other in a manner typical of ranching development in this area. A sandstone ledge descending from a localized ridge at the backside of a hogback is within close proximity to the north of all the buildings varying in distance. On the south side of all the buildings, a stream running parallel to the road runs approximately northwest to southeast, but was dry at the time of the field Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 18 of 57 Bobcat Ridge Natural Area Page 12 Historic Structure Assessment assessment. A small wood bridge was constructed over the stream in order to access the four buildings from the road. A small well, that is no longer used, is located on the north side of the ranchstead just north of the road and an old, severely rusted piece of farm equipment is located to the north of the Poultry Shed near the base of the sandstone ledge. At the northeast corner of the Poultry Shed, a rusted metal structure sits, but it is unclear what it was originally. (Refer to site plan for building locations). (Refer to photos #115, 188, and 189). Located on the north side of the access road, the Pioneer Barn, oriented north to south, is the easternmost building of the four and is constructed into the hillside. 20’- 0” to 30’-0” above the base of the sandstone ledge are large elm trees directly north of the Pioneer barn. Stones have been placed along the north wall of the building, most likely placed after its construction. Located in the vicinity of the Pioneer Barn is an old discarded tire and some rusted metal scraps. (Refer to photos # 001 through 006, 014, and 016). Approximately 25’-0” to the northwest of the Pioneer Barn is the location of the Chicken House. Like the Pioneer Barn, the Chicken House is oriented north to south and built into the hillside only a few feet away from the sandstone ledge. Directly north of the Chicken House are several large willows that over time have begun to grow over the top and into the building causing additional structural damage. There are also several discarded pieces of rusted scrap metal and corrugated metal panels located in the vicinity of the building. (Refer to photos # 038 through 044). The Equipment Shed is located roughly 85’-0” to the west of the Chicken House and roughly 30’-0” to 50’-0” away from the sandstone ledge. The building is oriented from northwest to southeast with the northwest side of the building slightly built into the hillside and the southeast side of the building having a drastically sloped rough concrete stoop that leads away from the entrance. On the west side of the building, there is a large pile of debris piled close to the wall, including wood scraps, barbed wire, metal stakes, and several other miscellaneous items. (Refer to photos # 064 through 067, 069, and 087A). Directly to the northwest of the Equipment Shed and approximately 30’-0” away is the Poultry Shed. Like the other three buildings, the Poultry Shed is also built into the hill, but is approximately 50’-0” to 60’-0” away from the sandstone ledge and is oriented from northeast to southwest. Located at the center of the southwest side, or south elevation of the building, is a small concrete step leading up to one of the three entrances. Located at the entrance along the west side is a small, rough concrete stoop that slopes slightly away from the building. The entrance to the east side of the building also has two concrete steps. (Refer to photos # 107 through 111). Other than the minor concrete stoops and steps described above, there are no other site improvements in the immediate vicinity of any of these structures. Due to the apparent presence of small animals and snakes, the surrounding areas of the buildings have several small holes, making the ground somewhat unstable for walking. There is Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 19 of 57 Bobcat Ridge Natural Area Page 13 Historic Structure Assessment also a lot of rusted metal debris located throughout the entire site. Site utilities are described in Sections 3.8 and 3.9. The site is currently in the process of being modified to include an interpretive trail including a new bridge across the stream and shall be completed in 2008. The new trail and bridge will be an accessible, low-impact walking path constructed in order to provide easy access to the public and preserve as much of the natural setting as possible. In addition, the surrounding site fence will be modified to include a gate for public access. Condition: Poor. The concrete stoop located at the Equipment Shed is in poor condition. The grade below has shifted causing the stoop to crack, allowing vegetation to grow up into the stoop as well as small animals to burrow under the concrete. The shift in grade has also caused the stoop to break away from the foundation of the structure. (Refer to photo # 086). The concrete step located on the south elevation of the Poultry Shed is in poor condition. Due to the shifting of the grade below, the stairs are pulling away from the structure and sloping drastically. The concrete is intact, but is no longer in its original position. The concrete steps to the east of the building are in good condition. The concrete is still intact and has maintained its location butted up against the building; however, is becoming overgrown with vegetation. The concrete stoop to the west of the building is in poor condition. It has been severely worn from the elements and is being overgrown with vegetation. (Refer to photos # 124, 128, and 155). Recommendations: The existing concrete stoop at the Equipment Shed shall be demolished and reconstructed in its current configuration with efforts to stop the gradual degradation of the surrounding grade. The existing west stoop at the Poultry Shed shall also be demolished and reconstructed and the overgrown vegetation removed. The concrete step at the south elevation of the Poultry Shed shall also be demolished and reconstructed. Grading and Drainage The Pioneer Barn, Chicken House, Equipment Shed, and Poultry Shed all lie in the natural drainage patterns of the large knoll. The natural drainage of the site is from north to south flowing directly against the north side of all of the buildings, which are sited in close proximity to the knoll as described above. Condition: Poor. The four buildings are constructed directly in the path of the natural site drainage and have inadequate protection from the drainage flow and no current way of redirecting the water around the buildings. The overall site is in good condition; however, the presence of several small animal holes may cause some issues with the integrity of the site surrounding the area. Also, the large willows that are located directly north of the Chicken House are severely overgrown and causing further collapse of the structure. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 20 of 57 Bobcat Ridge Natural Area Page 14 Historic Structure Assessment Recommendations: Grading improvements are critical around the north sides of all four buildings in order to direct the water away from the buildings and to prevent further deterioration. Specific recommendations are made in Section 3.2. Remove the overgrown vegetation and grade around the concrete steps located on the west side of the Poultry Shed in order to redirect the flow of the natural drainage patterns away from the steps. When site improvements for grading and drainage are constructed, the Contractor should be made aware of the potential for archaeological resources on the site. If historical or archaeological resources are encountered during excavation or construction, the Contractor shall stop work and notify the owner and the Office of Archaeology and Historic Preservation, Colorado Historical Society. Landscaping Several varieties of trees including large cottonwoods, willows, and elms run along the stream on the south side of the structures to the north side of the road. Several different weeds and other natural vegetation closely surround the Equipment Shed, and native grasses and vegetation surrounds all four buildings. The line of trees and the stream and access road physically and visually segregate the north site from the rest of the southern ranchstead complex. There are no site irrigation systems in place currently for any of the areas surrounding the buildings. Condition: Good to Fair. The landscape seems to be healthy, although it severely overgrown. Due to the recent heat and dry conditions at the time just prior to the field assessment, the natural grasses are dry and browning. The areas directly surrounding the entrances or access paths to the four buildings are slightly worn due to the occasional foot traffic. Recommendations: Although the landscape is in good condition, the trees shall be pruned in order to remove any dead branches and improve the health of the trees. The large willows to the north of the Chicken House need to be removed or the encroaching branches trimmed and continually maintained in order to insure the safety of the structure. Vegetation in close proximity to the concrete steps and stoops shall be removed or cut back. All native grasses should be maintained, and non-native weeds eradicated. Construction activities should have minimal impact on the site 3.2 Foundations Perimeter Foundation Drainage Site surface drainage is described in Section 3.1 above. No evidence of an underground perimeter foundation drain was present for any of the buildings. Due to the use and age of the buildings, it is doubtful that a foundation perimeter drain Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 21 of 57 Bobcat Ridge Natural Area Page 15 Historic Structure Assessment exists. The site surface generally slopes from northeast to southwest with no swales or ditches to prevent or discourage the presence of moisture next to the buildings. Runoff water from all the buildings drains directly next to the buildings without perimeter drains, concrete aprons, splash pans or sufficient backfill slope to prevent moisture next to the foundations. The surrounding grounds are currently not irrigated. Pioneer Barn Moisture and runoff over time have deposited debris and backfill against the base of the siding of the Pioneer Barn. This is especially evident along the back side of the building, on the north facing elevation. This deposit of soil and natural compost has caused rot and damage to the vertical siding and also transfers excessive lateral pressures to the structure and exterior siding. The barn is constructed like a pole barn and excess moisture or water over time will expedite the deterioration of the embedded poles. Condition: Poor. Recommendations: A swale should be cut on the north, east, and west elevations to provide positive drainage away from the building. To improve drainage and to minimize the presence of moisture next to the structure and the exterior siding the slope of the grade around the building should be improved. The grade should allow runoff from the roof and adjacent slope sufficient space to prevent build up or ponding adjacent to the structure. Native grasses should be planted to stabilize the new slope and to prevent soil buildup and back splash against the siding/wood framing. Chicken House The Chicken Hhouse building was built into the adjacent slope with an approximate elevation change of 3’-0” from the back of the structure to the front. Significant debris, including tree branches, soil, and grasses are stacked up against and around this structure with no obvious prevention of runoff or moisture away from this structure and has contributed to the collapse of the north side of the structure. Condition: Poor. Recommendations: A swale should be cut on the north, east, and west elevations to provide positive drainage away from the building. To improve drainage and to minimize the presence of moisture next to the structure the slope of the grade around the building should be improved. The grade should prevent runoff from depositing debris and soil near the already damaged structure. Native grasses should be planted to stabilize the new slope. Equipment Shed The Equipment Shed was also built into the natural sloping terrain. It appears that moisture and runoff over time have deposited debris and backfill against the base of Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 22 of 57 Bobcat Ridge Natural Area Page 16 Historic Structure Assessment the exterior siding. This is evident where the galvanized metal siding ends and the vertical wood skip sheathing extends down into the soil. In addition, scraps of lumber and trash have been placed up next to the building on the side or west facing wall. Evidence of rot and damage is seen from within the structure as well from light entering in from the outside. Concrete masonry blocks appear to have been placed below grade at the north wall after the original construction to retain the soil backfill after the original wood structure might have failed. Condition: Poor. Recommendations: Cutting a new swale into the slope around the structure should provide positive drainage from the roof and adjacent slope. Native grasses should be planted to stabilize the new slope and to prevent soil buildup and back splash against the siding/wood framing. Poultry Shed The Poultry Shed was built longitudinal into the natural slope with its long, north elevation built into the hillside. It is not evident on this building where the original grade might have been since the foundation structure and wall structure are both masonry block construction. The walls are built with unreinforced cinder masonry blocks and significant collapse has occurred on the northeast corner and the north side due to lateral soil pressures on the wall. Runoff from the adjacent slope has no direct path around the building and appears to currently flow thru the building. Condition: Poor. Recommendations: A swale should be cut on the north, east, and west elevations to provide positive drainage away from the building. Regrading should allow runoff from the roof and adjacent slope to drain away from the structure without build up or ponding. Native grasses should be planted to stabilize the new slope and to prevent soil buildup and back splash against from the side of the masonry walls. Foundation System Pioneer Barn The Pioneer Barn has no formal foundation. The “poles” or vertical post supports are either embedded into the earth or sit directly on the ground supported by naturally placed stones. The structure does not appear to sit on any footings, stem walls, or caissons. Condition: Fair. Recommendations: None. If future damage or rot appears at the base of the columns, the columns could be repaired at the base and placed over concrete caissons. The column should be properly attached to the caisson to provide the proper lateral and gravity connection. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 23 of 57 Bobcat Ridge Natural Area Page 17 Historic Structure Assessment Chicken House The Chicken House appears to have a small foundation/retaining wall at the back of the structure. The wall was built of dry stack strip sandstone. The stones are approximately 2” to 4” thick and 12” to 20” long. No return wall is evident on the sides of the structure and no foundation appears to have been placed under the remaining side and front walls. Condition: Poor. Recommendations: If future repair of this structure is completed a similar dry stack foundation or cast in place foundation should be placed under the walls of the structure to prevent the structure from just “sitting” on the soil. Elevating the wood framing from the soil will prevent or slow future damage due to moisture and dry rot. Equipment Shed The Equipment Shed appears to have been built on a concrete slab. No deep foundation walls were observed. The slab is likely unreinforced and appears to be between 4” and 5” thick. No evidence of large cracking or settlement is present. A concrete masonry block wall has been installed at the back of the building; presumably a replacement to the original wood framing in this location that deteriorated from being below grade. It is not known if this wall has been properly reinforced and attached to the concrete slab to prevent sliding. Condition: Fair. Recommendations: The backfill and soil around the slab should be maintained to prevent washout from the edges of the slab. This will prevent the slab from being damaged from vehicles or equipment. It will also prevent excess moisture from penetrating the soil under the slab helping to reduce the movement due to freeze thaw cycles. Poultry Shed The Poultry Shed structure is supported by a shallow sandstone masonry foundation. These stones are approximately 3” to 5” tall by varying lengths to over 18” long. The thickness of the wall could not be verified however the stone appears to be between 6” to 8” thick since the concrete blocks that bear on the wall are 4” in width. The shallow sandstone foundation walls have been built around 3 sides acting as a retaining wall and thus providing a flat interior concrete slab. The north wall appears to be protruding below grade by approximately 18” – 24”. Generally the sandstone foundation on the structure appears to be sound. The sandstone foundation wall on the west remains vertical with tight mortar joints. The south wall does show significant signs of shifting; especially at the midspan of the Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 24 of 57 Bobcat Ridge Natural Area Page 18 Historic Structure Assessment building where the top of the foundation wall appears to have moved almost 2” out of plane. This is presumably due to lateral movement of the interior slab and soil under the slab. As previously mentioned this building was built into a slope and the earth has apparently moved enough to shift the top of the foundation walls and the base of the north and south exterior walls. Subsequently, the north retaining concrete masonry walls have either collapsed or are badly damaged. The concrete slab on the interior also shows evidence of this movement as it has crushed or cracked along the inside face of the south wall. Condition: Poor. Recommendations: The entire north retaining/foundation wall should be rebuilt with reinforced concrete masonry unit (CMU). A deep foundation or frost wall, should also be considered to prevent future damage to the structure; this wall will help retain soil movement from the adjacent slope. The interior slab should be cut away from the south wall and repairs should be made to the sandstone masonry foundation. Interior caissons should be placed to support column loads from the interior framing, which will also require cutting portions of the interior slab away. Backfill Existing grades provide no drainage away from the foundation or exposed structures. Present day Geotechnical reports generally specify a minimum of 6” slopes away from the building within the first 10’-0” of grade adjacent to the foundation. Regrading would generally improve the drainage away from the foundations while protecting the lower portions of wood sheathing adjacent to the ground. No formal landscaping exists adjacent to the structures. Condition: Poor. Recommendations: A swale should be installed to provide positive drainage away from the building and to allow runoff from the roof and adjacent slope to drain away from the structure without build up or ponding in order to meet the present day Geotechnical recommendations. 3.3 Building Structural System The following structural observations are made without the benefit of selective demolition or excavation adjacent to the foundations to expose concealed structural conditions. General Structural System Description Pioneer Barn The Pioneer Barn is best described as a “pole” barn. Vertical posts, whether embedded into the soil or sitting on grade are framed to the roof structure with horizontal wind girt framing members between the post and around openings. The Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 25 of 57 Bobcat Ridge Natural Area Page 19 Historic Structure Assessment main roof structure consists of tied arched framing with no ridge beam. The poles range in size from 4” to 6” in diameter and are un-hewn and un-milled, likely lodge pole pine with bark still present in many cases. The horizontal wind girts spaced at 2’-0” to 3’-0” apart provide support for the exterior sheathing. These members are approximately 2” to 3” in diameter and are similar to the post material. The Pioneer Barn could have been built from locally available materials including the round structural logs and the rough sawn planks for the sheathing. Much of the sheathing along the bottom of the walls has water damage or has rotted away and is now missing. Sheathing on the east side along the back of the trough has caved-in towards the interior. The typical vertical sheathing consists of 1x skip sheathing from 10” to 12” wide, with battens ranging from 2” to 6” wide. Lateral support for the building is provided by the board and batten exterior sheathing / siding as well as the embedded poles cantilevering from the ground. The roof is framed of 2-1/2” x 4” rough sawn roof rafters up to 2’-0” on center with 1x8 to 1x12 skip sheathing covered with several layers of taper sawn and split cedar shingles and shakes. The attached lean-to loafing shed appears to have been added sometime after the original barn was built, or possibly partially enclosed after the original construction. There are inconsistencies in the siding details and attachment of the side framing that shows evidence of this later construction. Many of the windows have been boarded up and the north trough framing appears to have been removed or lost. A single cow/animal stanchion has been placed in this area. Overall the structure is in good shape and the wood framing appears to be adequate to maintain the structure. Modifications to some of the connections should be made to prevent a future failure. These include connections where the nails heads are protruding, where twine has been used to hold the connection together and where doors have been placed in a wall with no vertical member to carry the loose wind girt. Attention should also be given to the bottom of the framing member and sheathing where they meet soil. The soil should be pulled away from the framing and ground runoff should be diverted away from the building. Condition: Fair Recommendations: Make minor repairs to damaged or missing structural framing members and connections. Repair or replace damaged sheathing as needed once the soil backfill has been removed from the structure. Chicken House The Chicken House has been framed similar to that of a log cabin, except with fingered or dovetail joints at the corners; similar to that of high quality cabinet drawer. It appears that round logs were sawn on four sides leaving an 8” to 10” deep sections that are dove tailed at each corner to frame the 4 sides of the structure. The door and window opening are framed on the east facing elevation using 2x8 vertical Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 26 of 57 Bobcat Ridge Natural Area Page 20 Historic Structure Assessment and horizontal members. Similar to the Pioneer Barn, the roof was a tied arched structure with no ridge beam. 2-1/2” x 4” rough sawn roof rafters form the gable roof at 24” on center. A collapse of the roof and walls on the east half of the building has pulled some the west-facing wall back into the building. It is not apparent to the cause of this failure, but excessive roof loads due to snow could have caused it, rot of the overall structure since overhanging tree braches covers this building, or maybe the lack of maintenance Condition: Poor Recommendations: A complete reconstruction of the structure would be necessary to repair this building. If the structure was to be repaired, a historical contractor or engineer would need to access each framing member and determine if that member needs to be replaced or could be used in the reconstruction. Many of the log members on the south, west and east side could be salvaged while the north would require complete replacement. Roof framing members would likely need complete replacement as well. Equipment Shed The Equipment Shed is more traditionally framed with sawn lumber using post and beam construction. 8 built up doubled up 2x vertical posts provide support for the roof structure and the wall framing. Horizontal 2x4 wind girts at approximately 3’- 0” on center support the exterior wood sheathing and metal siding. Horizontal and vertical galvanized corrugated metal decking has been placed over the wood siding. The wood framed structure is sitting on a concrete slab, with minimal anchorage to the slab. A good portion of the built up vertical columns have rotted at the base and are either spliced to provide bearing or do not currently bear on the slab and rather hang from the structure due to alternate load paths. The roof rafters, consisting of rough sawn 2x4’s are spaced up to 2’-0” on center and support the 1x8 to 1x12 roof skip sheathing. The rafters are spliced at mid span with a 4’-0” long 2x member using a simple lap splice centered on the joint. This is not a common construction detail; however, is used when material is scarce or not available in order to use shorter material. The splice does not appear to be adequate considering the number of nails or fasteners in the splice and the roof structure appears to sag slightly at the splice due to this detail. A small shed structure appears to have been added to the main building over the large south facing doors. The overhang is poorly constructed with poles that are not securely fastened at their base or to the concrete slab. The metal roof deck spans parallel to the supporting members and the doubled 2x4 roof support beams are spliced in awkward locations near the midspan of the member and at the end connections. Condition: Fair Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 27 of 57 Bobcat Ridge Natural Area Page 21 Historic Structure Assessment Recommendations: The rotted or missing column bases should be properly replaced or repaired to provide adequate bearing. The south facing shed, if desired by the owner, should be entirely rebuilt using conventional construction techniques while securing the framing to the existing shed and base/slab. Poultry Shed The Poultry Shed has been constructed from vertical unreinforced cinder block masonry load bearing walls with an interior post and beam roof. The cinder masonry blocks are 4”x8”x16” blocks with small interior cells. These blocks may have been cast locally because of the coarse gravel/sand material and also what appears to be charcoal. The wood roof is framed from 2x4 nominal wood rafters at two feet on center. The rafters are supported by 2 rows of horizontal beams at approximate 3rd points. The beams are constructed of 2x4 members spanning up to 7’-0”. This member is not sufficient to carry the expended roof snow loads and as a result they sag and show signs of crushing at their bearing. Log columns up to 4” in diameter support the beams. Splices in the rafters and beams exist at support locations and at midspan. The interior columns also appear to have settled or rotted off at the bases. Column extensions have been placed at the top of the column to elevate and support the roof beams. As mentioned previously in Section 3.2, there has been significant movement in this building. The cause of this movement appears to have been started at the floor line due to lateral earth pressures on the back of the building. This has caused significant damage to the bearing walls on the north and south. Temporary stud wall shoring has been placed near the end of the roof rafter to protect the roof from further damage. The south facing wall was originally constructed with minimal out of plane (wind) load capacity. The long row of windows creates a hinge at the top of the wall and subsequently without any reinforcement the wall cannot cantilever from the foundation. This construction detail makes the wall very susceptible to damage due to movement and excessive loads (essentially unstable). To temporary support the wall knee braces have been placed from the head of the wall down to large steaks piled into the ground. Condition: Poor Recommendations: The south wall should be reconstructed with a new full height structural steel frame behind the existing masonry wall to support the lateral loads. This is a fail safe method to ensure the future integrity of this wall. The rear or north wall needs to be completely rebuilt. One possible way to do this would include a new deep foundation to support a replacement concrete masonry unit wall to the under side of the roof. The existing blocks cannot be reused without additional structural reinforcing behind the wall such as a steel or concrete structure. The masonry walls should be either replaced or rebuilt with additional reinforcement. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 28 of 57 Bobcat Ridge Natural Area Page 22 Historic Structure Assessment Removing the lateral earth pressures on the back of the structure should mitigate the movement in the slab. Providing additional slope away from the structure at the rear will also keep the potential for further movement to a minimum. The interior post should be modified so they bear above grade and are protected from moisture. The top of the posts should be raised so the roof beams are in direct bearing. The roof beams should be replaced with framing that provides adequate strength and stiffness. 3.4 Building Envelope – Exterior Walls Pioneer Barn Exterior walls of the single-story Pioneer Barn are sheathed with rough sawn, 1”x12” boards and 1x4”-6” battens at approximately 12” on center, except for the north elevation. This wall has log strip battens of approx. 6” in width. A small 12” long, log strip is located at the northwest corner of the building, nailed at the center with a single nail attaching it to the corner of the building. The purpose of this log is not clear. (Refer to photos # 010,011, 014 through 016). The lean-to structure on the south side is open to the south and is constructed in the same way as the north side, but is considered to be an addition to the original building. 3, logs, roughly 8” in diameter, hold up the overhang of the lean-to structure and are braced with 4” diameter braces on the east and west posts of the opening. Two strands of barbed wire enclose the opening to the lean-to structure. (Refer to photos # 001,005,006, and 023). Condition: Fair to Poor. Although the barn is mostly in fair condition, there are several areas of the exterior, rough sawn board and battens that are loose, damaged, or missing. Most of the damage is located at the base of the siding where lack of proper grading has caused water damage. (Refer to photo # 017). Recommendations: Reattach and tighten any loose boards or battens only replacing missing boards if necessary. Repair the deteriorated boards and battens in order to restore the building and preserve the remaining materials. Chicken House The single-story Chicken House has exterior walls originally constructed of hewn, squared log timbers varying from 4” to 10” in height, joined at the corners by dovetail notching. The north wall sits on a dry stacked sandstone foundation that is constructed into the adjacent hillside protruding below grade roughly 3’-4”. There is no evidence of a foundation below the other three log timber walls. On the south wall of the building, located at the gable, the wall is constructed with vertical, rough sawn 1x12 wood sheathing with 2x4 wood rails running across just below the sheathing. Due to the collapse of the north wall, it cannot be determined if the north gable end had a similar vertical sheathing. (Refer to photos # 040, 044, 046 through 048, and 054). Condition: Very Poor. The overall building is in very poor condition. The entire north side of the building has collapsed into itself and due to the walls resting on the Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 29 of 57 Bobcat Ridge Natural Area Page 23 Historic Structure Assessment grade, severe rot and deterioration has taken place on all of the existing logs where in contact with the ground. The sandstone foundation is in fair condition. The logs on the east and west have partially collapsed as well, causing some severe rot of the logs at grade. The logs on the south side of the building are in fair condition with exception of the two logs above the window opening, which are broken and rotting. (Refer to photos # 041 through 043, 045, and 053). Recommendations: Due to the severe deterioration and the collapse of the building, a complete restoration is necessary. If the building is allowed to deteriorate further in its current condition, it will no longer be salvageable. The building’s characteristic features are still distinguishable; therefore, restoration is possible. Several logs on the south, east and west are salvageable, but most of the logs will need to be replaced. Equipment Shed The single-story Equipment Shed’s exterior walls are sheathed with galvanized, corrugated metal panels with exposed nail fasteners installed vertically on the east and west and at the large doors on the south, but on the north and a 24” high area above the doors on the south, the panels are installed horizontally. All the metal panels are 30” wide with exposed nails attaching the panels to vertical 1x12 wood sheathing, with rolled-on asphaltic weather barrier applied to all the vertical wall surfaces. It is not clear whether these metal panels are original to the 1950s construction. On the west wall towards the north end, there are two small cut holes, roughly 3” and 6” in diameter. There original intent is unknown. (Refer to photos # 064 thorugh 072, 076, 084, and 087). At the north wall, due to the building being slightly below grade, an 18” height concrete block wall comprised of two rows of 8”x8”x16” blocks acts as a foundation. Nailed to the top of this foundation is a 2x8 sill plate that is nailed to the concrete blocks. (Refer to photos # 096, 098, and 099). Condition: Good to Fair. The exterior metal panels are in good condition, with very little rust. Some of the metal panels have come away from the sheathing causing gaps in the walls, and there are a few gaps in the sheathing exposing the interior to the elements. (Refer to photos # 071, 072 and 079). Recommendations: The holes in the west sidewall shall be patched and any gaps in the metal panels or wood sheathing shall be fixed or the metal panels refastened. Poultry Shed Exterior walls of the single-story rectangular Poultry Shed are load-bearing, unreinforced cinder blocks over a sandstone foundation. The cinder blocks are 8”x8”x16” long blocks laid with a typical lime-based mortar joint. Rather than cutting the cinder blocks at the top of the rake wall in order to match the sloping roofline, these spaces are filled with mortar. The sandstone foundation is uniformly placed horizontally, but the vertical orientation or ashlar coursing is randomly stacked and Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 30 of 57 Bobcat Ridge Natural Area Page 24 Historic Structure Assessment mortared together with what is believed to be a lime-based mortar. (Refer to photos # 107 through 110, 112 through 114, 118, 133, and 134). The window and door openings in the cinder blocks remain as originally constructed and in their original locations and configurations. The expansive horizontal openings on the south wall of the building are symmetrical from east to west. Located at the center of the east wall is a10’-8” to11’-0” rough cut wood post attached to the building. It is believed that the original power lines were attached to the building at this location; however, at the time of the field assessment, they were no longer attached. (Refer to photos # 107, 109, and 110). Condition: Very Poor. The overall building structure is in critical condition. Due to the severe drainage issues discussed in Section 3.1, the hillside has caused hydrostatic pressures against the north wall of the building resulting in almost the entire wall collapsing and falling into itself. Only the central portion of the cinder block wall remains intact. The shift in the grade, due to drainage issues and the additional pressure caused by the failure of almost the entire north wall, has also caused the south wall to be moved or pushed downhill. This has caused the entire wall to bow and almost buckle in some areas, varying in distance from 3” to 12” from its original position. At the time of the field assessment, temporary pressure-treated wood 2x shoring tied into T-stakes in the ground have been placed roughly 4’0”- 8’-0” on center in order to stabilize the wall and prevent it from completely collapsing. (Refer to photos # 112, 114, 120 through 122, 125, 126, 128, and 145 through 148). In addition to the collapsed and bowing walls, both the mortar and the cinder blocks in several areas are cracked or missing. The mortar is in poor condition almost entirely throughout the building; however, of the blocks that remain, they are in fair condition. (Refer to photos # 118, 126, 133, and 134). Recommendations: Due to the severe deterioration and the collapse of the building, a complete restoration is necessary. If the building is allowed to deteriorate further in its current condition, it will no longer be salvageable. The building’s characteristic features are still distinguishable; therefore, restoration is possible. Most of the cinder blocks are salvageable and can be used to reconstruct the existing building, but will need to be taken down and re-laid with new mortar. 3.5 Building Envelope – Roofing and Waterproofing Pioneer Barn The roofing of the Pioneer Barn is a single layer of cedar, unfinished split shake shingle roof on the north slope and 3 layers of unfinished tapered sawn cedar shingles on the south slope, divided by a 1x4 wood ridge board. The shingles are attached to 1x8 to 1x12 rough sawn skip sheathing spaced 3”-4” apart on 2x4 rough sawn roof rafters approx. 3’-0” on center. The undersides of the shingles are exposed within the interior space in between the roof sheathing. The roof of the lean-to portion of the building is constructed of corrugated metal roofing over 1x6 skip sheathing spaced approx. 16” on center over 2x4 roof rafters. The corrugated roofing extends under the Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 31 of 57 Bobcat Ridge Natural Area Page 25 Historic Structure Assessment wood sheathing on the south a short distance; however, due to the material type and construction, it is believed that the lean-to structure was not part of the original construction of the barn. (Refer to photos # 003, 006 through 009, 024, 025, and 034 through 037.) The roofs of the Pioneer Barn overhang approx. 6” to the north, east and west, and 15” to the south off of the lean-to addition. A 1x4 unfinished wood fascia or barge rafter is located at the east and west of what is believed to be the original portion of the barn, or north portion of the building. The lean-to portion of the building has a 1x6 unfinished wood fascia board with an additional 1x8 wood skirt board running above the board and batten siding, and just below the eave. (Refer to photos # 012 and 015). Condition: Fair to Very Poor. The roof shingles on the north and south slope are deteriorated, but the north is in fair to poor condition where as the south is in very poor condition. The metal corrugated roof is in fair condition with little rust or deterioration; however, there is one portion of the roof that has significant rust that has penetrated all the way through the roof. (Refer to photos # 006, 008, and 035). The fascias and barge rafters are intact, and in fair to poor condition. The barge rafter on the west side of the south sloping roof is severely deteriorated. The remaining fascias and barge rafters are in fair condition, but are weathered. (Refer to photos # 002 and 004). Recommendations: All wood roof shingles should be removed and replaced with like materials. The area of the metal roof that is severely rusted needs to be replaced with a like material. The fascias and barge rafters should be repaired to prevent further weathering. The one section of the barge rafter that is severely deteriorated should be repaired if possible, or replaced. Chicken House The roofing of the Chicken House is constructed of taper sawn wood shingles over 1x8 to 1x12 skip sheathing, roughly spaced 2”-3” apart over rough sawn 2x4 roof rafters at 3’-0” on center. A 2x4 skirt board is located at the south gable end over the vertical sheathing. Due to the collapse of the north wall, it is unsure if a skirt board was present at this side of the gable as well. (Refer to photos # 044, 051, 053, and 054). Condition: Very Poor. The roof has collapsed into the interior of the building some time ago, and has caused most of the materials to be missing, severely damaged or deteriorated. The skirt board located on the south wall is in fair condition. (Refer to photos # 041 through 043, 045, 053, and 054). Recommendations: The entire roof needs to be reconstructed based on all the information gathered on its original configuration and materials. Very few materials will be salvageable and must be completely replaced. Equipment Shed Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 32 of 57 Bobcat Ridge Natural Area Page 26 Historic Structure Assessment The roofing of the Equipment Shed matches the same, galvanized corrugated metal paneling with exposed galvanized nails present on the walls, with 2x6 skip sheathing on 2x4 wood roof rafters. Also like the walls, there is a rolled-on asphaltic weather barrier between the metal panel roof and the skip sheathing. The east and west side of the building has a 2x4 skirt board over the metal panels below the 4” overhanging eave, and the roof eave is sealed off with a galvanized metal flashing. On the north side of the building, the eave extends about 4” past the roof rafters, which are exposed by about 1’-0”. (Refer to photos # 066, 070, 072, 077 through 079, 082, 083, and 097). Located at the south side of the building is a large, poorly constructed lean-to style awning that was probably added at a later date based on its poor and loose construction as well as its attachment to the exterior materials of the original building. It spans the entire width of the building, extending an additional 12” on either side. The awning is constructed of 3 roughly cut wood posts of approximately 3” in diameter, that hold up a double set of scabbed 2x4 wood beams (maximum 4’-0” lengths) that support several wood 2x4s laid flat at approximately every 2’-3’ on center. These members span from the beams to a built-up 2x ledger that has been attached to the south face of the existing building. The roof of the awning appears to be more of a structural decking material rather than the corrugated metal panels of the roof of the Equipment Shed, and has been secured with some wire that has been wrapped around each 2x4 member and strung across in order to reduce the sagging of the roof due to snow loads. (Refer to photos #064, 073 through 075, 080, 081, 084, and 085). Condition: Fair to Poor. The exposed roof rafters at the north side are in poor condition. The entire roof is sagging towards the middle due to excessive settlement. The corrugated metal roof is in fair condition with a little rust present, but so far is only on the exterior surface. The metal deck roof of the awning is also in fair condition, but is clear of any rust. The existing flashing that is wrapped around the eave ends is in fair condition, but there are some areas of the eave where the flashing is missing or damaged. (Refer to photos # 070, 078, and 083). Recommendations: Refer to structural recommendations in Section 3.3 for information on how to repair the sagging of the Equipment Shed roof, or reconstruction if necessary. The roofing material will need to be replaced in the near future, if the roof is not reconstructed at this time. The awning should be reconstructed if it is desired to remain in place. All flashing located at the eaves should be repaired or replaced if missing. Any holes in the roof should be patched and repaired. Poultry Shed The roofing of the Poultry Shed is very similar to that of the Equipment Shed. The roof is constructed from galvanized corrugated metal panels roughly 30” wide and has 2x8 to 2x12 wood skip sheathing on 2x4 wood roof rafters roughly spaced 3’-0” on center. Over the sheathing and below the corrugated metal panels, is a rolled-on Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 33 of 57 Bobcat Ridge Natural Area Page 27 Historic Structure Assessment asphaltic weather barrier. At the time of the field assessment some temporary shoring had been constructed along the north wall as a pony wall in order provide additional support to the roof. The pony wall was constructed of triple 2x4 members at each rafter. (Refer to photos # 111, 116, 130, 137 through 140, 147, 150, and 151). The east and west side of the building has a built-up 2x12 unfinished wood skirt board with a 2x6 wood board on top of that, all over the cinder blocks and below the 6” overhanging eaves. The roof eave is sealed off with a galvanized metal flashing similar to that on the Equipment Shed. On the north and south side of the building, the roof extends over the roof rafters, which are exposed by about 1’-0”, and have a 2x6 wood fascia board attached. Below the fascia and over the cinder blocks is a 2x6 skirt board. (Refer to photos # 107, 108, 117, 118, 121, 123, and 129 through 133). Condition: Fair to Poor. The corrugated metal panel roof is in fair condition with a little rust, but it has not deteriorated all the way through. The metal flashing located on the east and west side of the roof is more drastically affected by the rust present. Due to the collapse of the north wall and the severe bowing of the south wall, the roof structure is in serious condition. Failure of the roof has caused two sections on the north side to drop down approx. 2’ – 3’. (Refer to photos # 111, 115, and 116). The fascia boards and skirt boards are in fair to poor condition. Part of the built-up 2x4 skirt board on the west is missing. Also a portion of the fascia located at the southwest corner is damaged. The skirt board along the north wall has been broken and is severely deteriorated due to the collapse of the north wall and its close proximity to the grade. There doesn’t seem to be a fascia board at this location, so the exposed rafter ends are seriously deteriorated. (Refer to photos # 119, 121 through 123, and 130 through 132). Recommendations: Refer to structural recommendations in Section 3.3 for information on how to repair the sagging of the Poultry Shed roof or reconstruction if necessary. The metal panels of the roof shall be repaired or replaced if the rust is too severe and any holes in the roof should be patched and repaired. All the metal flashing on the east and west side of the building should be removed and replaced with like materials. The missing built-up skirt board on the west should be replaced, and the fascia on the southwest corner should be repaired. The skirt board on the north wall should be replaced after the reconstruction of the north wall is complete. 3.6 Windows and Doors Pioneer Barn There are several window openings, but no existing windows in the Pioneer Barn. An original 3’-0” wide x 4’-6” tall opening in the gable area of the west elevation has been cut out and framed on the interior with 2x members, but has since been filled in with additional 2x members. There are two openings on the north wall. An original 3’-0” wide x 2’-0” tall opening located on the eastern portion of the wall is also framed on the interior with 2x members, and has since been filled in with additional 2x members. The 12” wide x 1’-8” tall opening located on the western portion of the Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 34 of 57 Bobcat Ridge Natural Area Page 28 Historic Structure Assessment wall looks makeshift in that there is no framing around the opening and is very simply constructed. It is unclear if this opening is original to the building. (Refer to photos # 013, 014, 022, and 026). There are 4 exterior doors located in the Pioneer Barn. All 4 doors are barn-style doors with a 1x6 crossbuck on the interior and constructed from varying widths of 1x rough sawn boards. Entering the main area of the barn from the west is an original 2’- 10” wide x 6’-0” tall barn-style door with exposed strap hinges that are nailed to the exterior face of the wall of the building. There is an original interior, horizontal, sliding 2x4 wood doorstop that slides into a notch in the wood frame and can be unlatched from the exterior by sliding the nail to release it. In addition to the original hardware, a non-original wire has been attached to the door, and a nail driven into the wall surface that allows the door to be tied shut. (Refer to photos # 002, 004, and 018 through 020). Also on the west side of the Pioneer Barn, is an original exterior door leading into the lean-to structure addition. This 2’-5” wide x 5’-5” tall barn-style door has original exposed strap hinges that are nailed to the exterior face of the wall of the building. This particular door also has an original simple metal hook and eye latch that is used to fasten the door closed. (Refer to photos # 021 and 033). On the east side of the Pioneer Barn is another original door leading into the main barn area. This door has an original single square strap hinge at the top and a strap hinge, similar to that of the other doors, at the bottom of the door that is nailed to the exterior face of the wall of the building. A diagonal buck locking mechanism is used to fasten this door closed. (Refer to photos #004 and 030). The 4th door in the Pioneer Barn is located on the east side of the building and leads into the lean-to structure addition. This door, like the other 3, is a barn style door; however, it appears to be inoperable because there are no hinges present, and the interior is nailed in place from a horizontal board at its head. (Refer to photos # 004 and 032). Condition: Good to Fair. Although the doors are in good condition, the door hinges are all rusted. The main door into the barn on the west side of the building does not have adequate hardware fasteners and the door into the lean-to structure off of the east side is inoperable. (Refer to photos # 018, 019, and 032). Recommendations: All the existing strap hinges should be replaced with new strap hinges to match the style and materials of the originals. A new metal hook and eye latch is needed for the western main door. If evidence is present to establish that the east lean-to door was originally operable, this door shall be repaired in order for it to become operable again. Chicken House The Chicken House has one original large window opening located on the south wall, but there is no evidence that the opening was ever glazed due to the lack of any kind Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 35 of 57 Bobcat Ridge Natural Area Page 29 Historic Structure Assessment of sash. The opening is roughly 5’-9” wide x 2’-7” tall with a center vertical, 2x support and a rough-cut, horizontal wood piece at the center. The opening has 3 strands of barbed wire draped over the exterior of the opening. Located at the interior of the opening, there is evidence of a plastic sheathing that perhaps was at one time nailed to the inside of the opening. (Refer to photos # 040, 044, 048, and 056 through 063). The Chicken House has only a single door located on the south wall of the building. The door has 2x rough-cut wood framing on either side of the door and a 2x8 header above the door. The 2’-3” wide x 4’-10” tall original door is constructed similarly to that of the Pioneer Barn, which is additional evidence that the two buildings were probably constructed around the same time. The door is a barn-style door with a 1x6 crossbuck on the interior and constructed from various widths of 1x rough sawn boards. The original hinges are attached on the interior wall of the building, and due to the poor nature of the building during the field assessment; the style of hinge was undetermined. Due to the similarity to the Pioneer Barn doors, it can be assumed that they are also strap hinges. On the exterior of the door, an 18” wood piece is nailed to the door and perhaps was used as a diagonal buck locking mechanism. Currently the door is being held shut by a wire that has been tied through a hole in the door. (Refer to photos # 040, 049 through 050, 055, and 058). Condition: Fair to Poor. Due to the overall poor condition of the building, the windows and doors have been severely affected by the collapse of the north wall and the collapse of the roof. The window opening is in poor condition. As the south wall is on the verge of collapsing into the building, the frame of the window opening is twisting. The door frame is in poor condition also. The frame is falling apart, which is causing the door to collapse into the building. The door itself is in fair condition with very little damage. (Refer to photos # 048 through 050). Recommendations: Due to the severe deterioration and the collapse of the structure, if the structure is allowed to deteriorate further in its current condition, the door and window will become severely damaged and will no longer be restorable. It is recommended that the window and door frame be reconstructed and the original door re-hung. Equipment Shed There are no windows located in the Equipment Shed building, but there are two large original double swinging doors that make up almost the entire south wall of the building. The 4’-8” wide x 8’-0” tall double doors are constructed from 1x6 and 1x4 wood vertical members with a 1x4 perimeter frame and two sets of crossbucks with a 1x4 center stile between them diagonally. All thread turnbuckles have also been installed to keep the doors from sagging. The exterior of the door is covered with a rolled-on asphaltic weather barrier with vertically placed corrugated metal panels on top, similar to that used on the walls. The doors have painted exposed strap hinges bolted to the center post between the two doors as well as the exterior east and west posts and fastened closed by a diagonal buck locking mechanism. Due to the continued use of this building as an Equipment Shed, one of the doors has been Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 36 of 57 Bobcat Ridge Natural Area Page 30 Historic Structure Assessment permanently bolted closed with the addition of a metal bolt through the diagonal buck locking mechanism, and the other door has a non-original metal latch and hasp that can be pad locked by the user. (Refer to photos # 064, 088, and 095). Condition: Good to poor. The exterior metal panels attached to the doors are in good condition, with very little rust and the doors are in good working condition. The strap hinges are severely rusted through the paint. (Refer to photos # 064 and 093). Recommendations: All the existing strap hinges should be replaced to match the style and materials of the originals. Poultry Shed The Poultry Shed has four original window openings, all located on the south wall of the building. Two are very wide openings roughly 23’-0” wide x 3’-0” tall, symmetrically placed on the far eastern and western sections of the south wall. Wood 2x4 sill, jamb and head trim pieces frame the opening with a simple craftsman style diagonal overcut on each head trim piece. The opening is constructed from a 2x6 sill plate and 2x6 vertical members that support the 2x4 header that has been bolted to the cinder block with 3/4” x 3/4” and 1/2” diameter square nuts and washers. There is no steel lintel present at this opening. (Refer to photos # 109 and 110). The large window openings are divided into 19 evenly spaced sections, with 2x8 rough sawn vertical members every 24” to 26” on center. The opening is covered with chicken wire that has been nailed under the wood trim pieces on the exterior of the opening. At the interior of the openings, there is evidence of several layers of plastic sheathing that has been torn away from the inside perimeter of the large windows. (Refer to photos # 136, 168, and 172 through 176). Two smaller window openings, roughly 2’-10” wide x 2-9” tall and symmetrically placed on the east and west of the centrally located door, are constructed similarly to the larger windows, with 2x4 trim pieces and the simple craftsman style diagonal overcut on each head trim piece. The two smaller windows have a 1 over 1 wood window sash, but no glazing is present. The interior of the openings have several layers of plastic sheathing that has been torn away from the inside perimeter. (Refer to photos # 109, 110, 149, 169 through 171, 174, 175, and 177). There are 3 original exterior doors located in the Poultry Shed. They are all barn style doors constructed from 1x6 rough sawn, vertical boards and 2x4 diagonal crossbucks. The main entrance to the Poultry Shed is located at the center of the south wall. This 2’-10” wide x 6’- 4” tall door has 2x4 side and head trim pieces with a similar simple Craftsman style diagonal overcut on the head trim piece. The door is fastened to the exterior trim piece by 2 tee-shaped strap hinges and has a non original latch and hasp to fasten the door closed. The original hardware consists of an interior, horizontal, sliding 2x4 wood doorstop that slides into a notch in the wood frame and can be unlatched from the exterior by sliding the wood knob to release it. In addition, an iron, diamond shaped handle is on the exterior to allow the door to be pulled open after the doorstop has been released. At the time of the field assessment a modern Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 37 of 57 Bobcat Ridge Natural Area Page 31 Historic Structure Assessment sign had been hung on the door reading, “Danger Keep Out.” (Refer to photos # 155, 158 through 160, and 165). The door located on the west wall of the building is roughly 2’-10” wide x 6’4” tall and has a 4x4 wood header that has been notched into the cinder block above. The door is fastened to the exterior with 2 knuckle style hinges and has a metal hook and eye latch to fasten the door closed. The exterior of this door is covered in a green asphaltic coating. (Refer to photos # 153, 154, 161, 163, 164, and 166). The door located on the east wall of the building is roughly a 3’-0” wide x 6’-4” tall door and has 2x4 side and head trim pieces. Nailed to the header is a wood 2x4 that supports a rough plywood overhang. The door is fastened to the exterior with 2 knuckle style hinges and has a latch and hasp to fasten the door closed. Like the door to the east, this door also is covered in a green asphaltic coating. There is a non- original strap hinge located at the bottom center of the door that hinges a square 12” x 12” white painted board to the door that acts as a small access hatch. It is unsure the intent of the access hatch, but it is believed to be non-original to the building. There is also a modern sign posted on this door that reads, “Danger Keep Out.”(Refer to photos # 113, 156, 161, and 186). There are 2 original interior doors to the Poultry Shed. Both doors are constructed in the same simple barn style doors with wood 2x4 diagonal crossbucks. One of the interior doors divides the left half of the Poultry Shed from the right side. It is roughly 3’-9” wide x 6’-4” tall and constructed with 1x6 rough sawn white painted vertical boards. The other interior door, roughly 2’-10” wide x 6’-4” tall, leads into the small room located at the center of the Poultry Shed and is constructed from 6- 1/2” white painted drop siding material rather than rough sawn boards. Like the exterior center door, this door also is latched with a wood doorstop type latch that slides into a notch in the wall and can be released by either side of the door. (Refer to photos # 135, 157, 162, and 167). Condition: Fair to Poor. The interior doors are in fair condition with little deterioration or damage. The exterior door on the west wall of the building is in fair condition; however, the green asphaltic coating is deteriorated, exposing the original unpainted exterior wood sheathing of the door. There is also some damage to some of the boards along the base and the door hardware is severely rusted. Adjacent to the wood header that was inserted into the notched masonry, is some old charcoal bags and newspaper that were used to fill the holes around the door frame. (Refer to photos # 153, 161, and 166). The door on the east wall of the building is also in fair condition. The green asphaltic coating is in poor condition and deteriorating, with large pieces missing. Also, there is some damage to some of the wood 1x6 boards. The door hardware is also very rusted at this door as well. The exterior door located at the center of the south wall of the building is in fair condition. The exposed wood boards are deteriorating, but in fair condition. The hardware is severely rusted and the frames are in fair condition. (Refer to photos # 159 through 161). Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 38 of 57 Bobcat Ridge Natural Area Page 32 Historic Structure Assessment The window openings are in fair condition with little damage to the frames or integrity of the openings. The chicken wire on the large windows is in fair condition, but the plastic sheets are almost entirely missing and severely damaged. (Refer to photos # 172 and 176). Recommendations: The doors should be repaired, and the asphaltic coating should be removed in order to expose the original intent of the doors. The rough cut plywood overhang located at the east wall of the structure should be removed as it is believed to be non-original to the building. All the hardware should be replaced to match the style and materials of the originals. 3.7 Interior Finishes Pioneer Barn The Pioneer Barn has a dirt floor that varies in grade from north to south, and varying sizes of large stones are randomly placed along the perimeter of the walls. There are no interior finishes on the walls and the structure is all exposed. An existing feed trough constructed of unpainted, wood 2x materials against the wall and a sloped side made from 2” – 3” logs with 1x sheathing angled to a lower log rail, lines the entire north wall of the barn. The floor of the lean-to structure is also dirt, but the height difference varies drastically from north to south. More rock is exposed on the south side of the lean-to, and it appears to have some attempt at a step midway down the grade. (Refer to photos # 027 through 029, and 031 through 033). Condition: Fair to Poor. The general condition of the interior of the Pioneer Barn is fair; however, the dirt floor is very uneven and there is a lot of non-original debris lying around on the floor within the barn. The existing feed trough is in fair condition, but has come apart in some areas. (Refer to photos # 027 and 028). Recommendations: Remove all non-original debris from the interior and repair the trough where the construction has come apart. Chicken House The Chicken House has a dirt floor and the entire structure is unpainted and exposed with no interior wall finishes. There are varying debris located in the interior of the building due to its collapse. (Refer to photos # 053 and 054). Condition: Poor. Recommendations: The interior needs to be cleaned up and any debris removed. Equipment Shed The Equipment Shed has a concrete slab on grade floor and the interiors of the walls are unfinished. The structure is unpainted and exposed entirely to the interior. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 39 of 57 Bobcat Ridge Natural Area Page 33 Historic Structure Assessment Located at the center of the north wall within the masonry foundation wall, an 8” gap in the masonry exposes a round cover plate and some remnant of burnt wood. It is suspected that a wood burning stove or fireplace was originally located here, but is no longer present in the building. Also in the roof above this suspected furnace, at least 2 courses of skip sheathing in the roof has been cut away, and has since been covered up with corrugated metal roof and patched from the exterior. (Refer to photos # 096, 099, and 100 through 102). Condition: Fair. The floors and interior walls are in fair condition. Recommendations: None Poultry Shed The Poultry Shed has a thin, poured concrete floor throughout. The masonry wall structure is unpainted and exposed to the interior with no wall coverings in the east and west sides of the Poultry Shed. The center room, probably used as a food storage room, is located on the south side of the building, and is roughly a 5’-0” x 7’-0” space constructed from 2x6, unpainted, horizontally placed boards. Located on the east portion of the room is a 2’-0” x 4’-0” wood shelving unit. The west wall of the small room and the western portion of the north wall is covered with a thin clear plastic sheathing. The eastern half of the north wall and the east wall of the small room appear to be covered in a thin cardboard, and then has green asphaltic coating over that. Also located in this room is a large television antenna that is hanging from the ceiling directly over the entry door. (Refer to photos # 135, 144, 149, 152, and 187). Condition: Poor. The interior floor of the Poultry Shed is in poor condition. The thin concrete has cracked and settled in several areas and is severely deteriorated. The interior wall finishes in the small food storage room is also in poor condition. Large sections of the walls no longer have the green asphaltic sheathing or plastic sheathing and the cardboard is very deteriorated. (Refer to photos # 152). Recommendations: The concrete floor should be selectively repaired in order to preserve as much of the original material as possible. The interior wall finishes should be removed from the interior of the small food storage room and the non-original television antenna removed. 3.8 Mechanical Systems Heating and Ventilation There is no existing heating or ventilation located in any of the four structures; however, there is evidence to suggest that the Equipment Shed at one time had a wood burning stove located in the interior along the north wall as discussed in section 3.7. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 40 of 57 Bobcat Ridge Natural Area Page 34 Historic Structure Assessment Plumbing A well is located on the site south of the Equipment Shed, which provided water for the entire ranchstead. The Pioneer Barn, Chicken House and Equipment Shed had no plumbing in the structure; however, the Poultry Shed has a single hosebib located on the interior of the south wall on the eastern portion of the building. There are no other indications of plumbing on the site. (Refer to photos # 127 and 179). Natural Gas Piping There is no existing natural gas located in any of the four buildings. 3.9 Electrical Systems The Pioneer Barn and Chicken House have no existing electrical systems present. The Equipment Shed has a small, 25 volt, 30-amp, Square D-type electrical panel with two knob and tube circuits that extend up the south central post between the doors and run along the rafters to the center beam line of the structure. There are some loose wires wrapped around the supports and a wire going to a pull chain light fixture. The existing wiring is no longer connected to an electrical current and is no longer operational. (Refer to photos # 103 through 106). The Poultry Shed has a small electrical meter and small panel that provided power to pull string porcelain light fixture on the interior of the food storage room and in the eastern half of the Poultry Shed, as well as a miniature porcelain light fixture located in the western half of the Poultry Shed. Also located on the eastern half of the Poultry Shed is a three-pronged outlet located in the ceiling. On the south wall of the food storage room is an old timer and light switch, located on the strike side of the door along with knob and tube fuse boxes, and wiring all of which is no longer connected to anything. (Refer to photos # 178, 180, 181, and 183 through 185). Exterior Building Lighting None of the buildings have exterior lighting, except the Poultry Shed which has a single porcelain light fixture to the south of the east entry door. Just south of the Equipment Shed is an old power pole that brought the electricity from the power lines over to the Equipment Shed and Poultry Shed. The lines to the 2 buildings are no longer connected. (Refer to photos # 113 and 182). Emergency Lighting and Exit Signs There are no existing emergency lighting or exit signs in any of the four buildings. Condition: Poor. There is no electricity currently provided to any of the 4 buildings. The Equipment Shed and Poultry Shed currently have wiring in the building, but it is no longer in working order. Recommendations: Since the current buildings do not have any electricity, it is Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 41 of 57 Bobcat Ridge Natural Area Page 35 Historic Structure Assessment recommended that a new electrical service be restored to the Equipment Shed and the Poultry Shed. New interior wiring for the Equipment Shed and Poultry Shed is required. If the buildings are to be used as an interpretive center or any other use where the public will have access to the buildings, additional exterior lighting will need to be provided for all the buildings to fulfill the required lighting necessary for safety of the public. 4.0 Analysis and Compliance 4.1 Hazardous Materials Inspection and testing for hazardous materials is outside the scope of this assessment. To our knowledge, no analysis or testing has been done on the buildings. If any hazardous materials are subsequently discovered, they may be managed in place, if any damage is adequately repaired and the materials are in a location(s) not subject to damage or abuse. There were several wasps nest in all of the 4 buildings that would need to be removed if the buildings were to be used. Also, there were animal droppings located in all 4 buildings that could be considered hazardous materials. (Refer to photos # 104, 105, and 198). 4.2 Existing Materials Analysis No detailed materials analysis has been done as a part of this field assessment report or was necessary. However, specific materials analysis should be undertaken during the design phase of the preservation effort to ensure a successful project, to include: Mortar analysis for relaying the cinder blocks of the Poultry Shed. Soils investigation report for foundation reconstruction and site utility work. 5.0 Preservation Plan 5.1 Prioritized Work As described earlier, the Pioneer Barn is in fair condition, Chicken House is in very poor condition, Equipment Shed in fair condition, and the Poultry Shed is in very poor physical condition, with much of these 4 building’s exterior, and some of the interiors, contributing historical fabric intact. The following priority levels are provided to demonstrate the severity of existing deterioration and damage of all building and site elements. These ratings also pinpoint which features need immediate attention before further damage occurs. Critical Deficiency of an element exists where: there is advanced deterioration which has resulted in the failure of the building Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 42 of 57 Bobcat Ridge Natural Area Page 36 Historic Structure Assessment element or will result in the failure of the building element if not corrected within two years, and/or; there is accelerated deterioration of adjacent or related building materials as a result of the element's deficiency, and/or; there is a threat to the health and/or safety of the user, and/or; there is a failure to meet a legislative (or building code) requirement. Serious Deficiency of an element exists where: there is deterioration which, if not corrected within 2-5 years, will result in the failure of the building element, and/or; a threat to the health and/or safety of the user may occur within 2-5 years if the deterioration is not corrected, and/or; there is deterioration of adjacent or related building materials and/or systems as a result of the element's deficiency. Minor Deficiency of an element exists where: Standard preventative maintenance practices and building conservation methods have not been followed, and/or; There is a reduced life expectancy of affected or related building materials and/or systems, and/or; there is a condition with long-term impact beyond five years. Recommended rehabilitation improvements for the Bobcat Ridge Natural Area Pioneer Barn, Chicken House, Equipment Shed, and Poultry Shed are as follows: Critical Deficiency: Chicken House: Regrade and construct a swale at the north, east, and west side of the Chicken House to direct the water away from the building per Geotechnical recommendations. Remove the large willows to the north or trim the encroaching branches and provide continually maintenance. Plant native grasses to stabilize the new slope and prevent backsplash onto the building. Completely reconstruct the structure with recommendations from a historical contractor or engineer based on assessment of each framing member to determine the reusability of the materials. Construct a new sandstone foundation or cast in place foundation under the additional three walls of the structure. Reconstruct the entire roof based on all the information gathered on its original configuration and materials. Reconstruct the window and door frame and re-hang the original door. Poultry Shed: Regrade and construct a swale at the north, east, and west side of the Poultry Shed to direct the water away from the building per Geotechnical recommendations. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 43 of 57 Bobcat Ridge Natural Area Page 37 Historic Structure Assessment Plant native grasses to stabilize the new slope and prevent backsplash onto the building. Reconstruct the entire north retaining/foundation wall with reinforced concrete masonry units including a deep foundation or frost wall. Completely rebuild the north wall using existing materials where possible and provide new structural reinforcing behind the wall. Repair sandstone foundation at the south wall. Reconstruct south wall with a new full height structural steel frame behind the existing masonry wall to support lateral loads. Install caissons at all the interior support columns and raise the top of the interior support posts so that the roof beams are in direct bearing. Sister the existing roof framing members to provide adequate strength and stiffness. Serious Deficiency: Pioneer Barn: Regrade and construct a swale at the north, east, and west side of the Pioneer Barn to direct the water away from the building per Geotechnical recommendations. Plant native grasses to stabilize the new slope and prevent backsplash onto the building. Remove and replace all wood roof shingles & shakes with like materials. Replace area of the metal roof that is severely rusted with like materials. Make minor repairs to damaged or missing structural framing members and connections. Repair or replace damaged wood sheathing and board and battens at the base of the building as needed. Reattach and tighten any loose boards or battens only replacing missing boards if necessary. Repair the severely deteriorated barge rafter if possible or replace. If future damage or rot appears at the base of the wood columns, repair the base and install concrete caissons making sure to properly attach the columns to the caisson to provide proper lateral and gravity connection. Equipment Shed: Regrade and construct a swale at the north, east, and west side of the Equipment Shed to direct the water away from the building per Geotechnical recommendations and maintain the backfill and soil around the slab. Plant native grasses to stabilize the new slope and prevent backsplash onto the building. Replace or repair any rotted or missing column bases to provide adequate bearing. Reconstruct the awning if desired by the owner. Repair or replace all flashing located at the eaves of the roof. Repair or patch the holes in the west sidewall and refasten or repair any gaps in the metal panels or wood sheathing. Poultry Shed: Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 44 of 57 Bobcat Ridge Natural Area Page 38 Historic Structure Assessment Regrade around the east steps to redirect the flow of the natural drainage away from the steps. Repair or replace the metal panel roof if the rust is too severe. Repair or replace all the metal flashing on the east and west side of the building. Repair the concrete floor where required by any damage or any necessary demolition required during repairs. Minor Deficiency: Prune all the trees on the site to remove dead branches and improve the health of the trees. Maintain all native grasses Eradicate all non-native weeds. Pioneer Barn: Replace all existing strap hinges with new strap hinges to match the style and material of the originals. Install a new metal hook and eye latch to the western main door. Repair the fascias and barge rafters to prevent further weathering. Restore the operation ability of the east lean-to door if determined to be originally operable. Remove all non-original debris from the interior. Repair the trough where the construction has come apart. Clean up any debris in the surrounding site. Chicken House: Remove any debris from the interior of the structure. Clean up any debris in the surrounding site. Equipment Shed: Remove or cut back any vegetation in close proximity to the concrete stoop. Replace the roofing material with like materials or patch any holes in the roof. Remove the concrete stoop at the south side and reconstruct it in its current configuration. Replace all the existing strap hinges to match the style and material of the original. Clean up any debris in the surrounding site. Poultry Shed: Remove or cut back overgrown vegetation around the concrete steps and stoop. Remove and reconstruct the west stoop. Remove and reconstruct the south step. Replace the missing skirt board on the west and repair the fascia on the southwest corner. Replace the skirt board on the north wall. Remove asphaltic coating from the doors. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 45 of 57 Bobcat Ridge Natural Area Page 39 Historic Structure Assessment Remove the unoriginal plywood overhang at the east door. Replace all the existing hinges to match the style and material of the original. Remove the interior finishes from the interior food storage room and remove the television antenna. Clean up any debris in the surrounding site. Other Improvements required for any interpretive center Reuse: Restore a new electrical service to the Equipment Shed and Poultry Shed. Install new interior wiring in the Equipment Shed and Poultry Shed. Provide additional exterior lighting at all four buildings to fulfill the required lighting necessary for safety around the site. Install an accessible low-impact walking path around the site in order to provide sufficient access by the public. Install a new access gate within the existing fence in order to provide sufficient access to the site by the public. 5.2 Phasing Plan Due to the scope of the improvements and the need for the City of Fort Collins to have the Bobcat Ridge natural Area site and buildings complete and operational, this project is proposed to be designed and constructed in one phase. Technical Literature References Research and documentation for the history of Bobcat Ridge are from the following sources: Research and documentation for the history of the Bobcat Ridge Natural Area are from the following sources: Ball, Clara, ed. Loveland-Big Thompson Valley Centennial, 1877-1977. Loveland: Loveland- Big Thompson Valley Centennial Commission Inc., 1975. Census Records, 1900, 1910, 1920. Larimer County, Colorado. Directory of Weld and Larimer Counties, 1898. Dunning, Harold Marion. "The Hyatt Family". Over Hill and Vale, vol. III. Boulder: Johnson Publishing Co., p. 229. "Hamilton Hyatt Died Yesterday". Loveland Reporter-Herald. 4 June 1927, p. 6. Larimer County Assessor's Records, 1974-2000. Larimer County Assessor. Larimer County Directories, 1913-1035. Larimer County Title Records, 1918-1956. Larimer County Clerk and Recorder. Loveland City Directories, 1907-1933. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1996. McMurry, Sally. Families and Farmhouses in Nineteenth-Century America. New York: Oxford University Press, 1988. "Mrs. Ollie Hyatt Dies at Loveland". Rocky Mountain News. 1 March 1931, p. 16. Smith, Eugene. Pioneer Epic. Boulder: Johnson Publishing, 1951. Spence, Estes and her son, Bruce Spence. Interview conducted on 27 August 2004 by Ron Sladek in Estes' home at the Good Samaritan Retirement Village, 2101 S. Garfield Avenue in Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 46 of 57 Bobcat Ridge Natural Area Page 40 Historic Structure Assessment Loveland. The Spences lived in the ranch house at Bobcat Ridge from 1943 through 1957. Spence, Hunter. Unpublished manuscript of reminiscences about Buffum Canyon, no date. Spence, Gerald. The Evolution of a Hillbilly Kid. Riverton, WY: Big Bend Press, 1989. Tapscott, Virginia and Eleanor Fullerton Phillips. A History of Masonville School. Larimer County: Morning Glories Extension Homemakers Club of Larimer County, Colorado, 1986. Tunner, Carol. Pieces of the Past: The Story of Bobcat Ridge Natural Area. April 2008. Preservation Briefs, U.S. Department of the Interior, National Parks Service, that may apply include: Preservation Brief #4, Roofing for Historic Buildings Preservation Brief #9, Repair of Historic Wooden Windows Preservation Brief #10, Exterior Paint Problems on Historic Woodwork Preservation Brief #14, New Exterior Additions to Historic Buildings: Preservation Concerns Preservation Brief #17, Architectural Character: Identifying the Visual Aspects of Historic Buildings as an Aid to Preserving Their Character Preservation Brief #18, Rehabilitating Interiors in Historic Buildings Preservation Brief #19, The Repair & Replacement of Historic Wooden Shingle Roofs Preservation Brief #20, The Preservation of Historic Barns Preservation Brief #21, Repairing Historic Flat Plaster – Walls and Ceilings Preservation Brief #24, Heating, Ventilating & Cooling Historic Buildings Preservation Brief #28, Painting Historic Interiors Preservation Brief #37, Appropriate Methods for Reducing Lead Paint Hazards in Historic Housing Terms and Definitions Definitions of the following terms used in this Historic Structure Assessment report are provided to assist the readers of this report: Character-defining feature: A prominent or distinctive aspect, quality or characteristic of an historic property that contributes significantly to its physical character. Structures, elements, objects, vegetation, spatial relationships, views, furnishings and decorative details and materials may be such features. Element: An element may be an architectural feature, structural component, engineering system or a functional requirement. In-kind: In the same manner, with the same material, or with something equal in substance creating a similar or identical appearance or effect. Material: The physical elements that were combined or deposited to form a property. Historic material or historic fabric is that from an historically significant period, as opposed to material used to maintain or restore a property following its historic period(s). Period of Significance: The general era or length of time when a property was associated with important events, activities or persons. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 47 of 57 Bobcat Ridge Natural Area Page 41 Historic Structure Assessment Preservation: Preservation is defined as the act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features, rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project. Reconstruction: Reconstruction is defined as the act or process of depicting, by means of new construction, the form, features and detailing of a non-surviving site, landscape, building, structure or object for the purpose of replicating its appearance at a specific period of time and in its historic location. Rehabilitation: Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair, alterations and additions while preserving those portions or features which convey its historical, cultural or architectural values. Restoration: Restoration is defined as the act or process of accurately depicting the form, features and character of a property as it appeared at a particular period of time by means of removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project. Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 48 of 57 Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 49 of 57 Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 50 of 57 Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 51 of 57 Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 52 of 57 Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 53 of 57 Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 54 of 57 Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 55 of 57 Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 56 of 57 Addendum 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 57 of 57 Addendum 1 – 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 1 of 1 ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7406: Bobcat Ridge Historic Buildings Rehabilitation OPENING DATE: 3:00 PM (Our Clock) July 31, 2012 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: 1. The Opening Date has been changed to 3:00 PM on July 31, 2012. 2. All proposals must include a 5% proposal bond. Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing REQUEST FOR PROPOSAL 7406 BOBCAT RIDGE HISTORIC BUILDINGS REHABILITATION The City of Fort Collins is requesting proposals from qualified firms to provide design/build services to rehabilitate two small farm outbuildings on the historic Hyatt-Spence-Pulliam Ranch located in West Glade, the first foothills valley west of Masonville, Colorado. Proposals may be submitted by E-mail. E-mail submittal shall be e-mailed to: purchasing@fcgov.com. If submitting hard copy proposals, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), July 20, 2012 and referenced as Proposal No. 7406. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager, Steve Seefeld, Facilities Project Manager at (970) 221-6227 or sseefeld@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, LEED AP, CPPO, Senior Buyer, at (970) 221-6777 or jstephen@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 1 of 81 Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 2 of 81 7406 BOBCAT RIDGE HISTORIC BUILDINGS REHABILITATION SCOPE OF WORK Introduction & Mission: The City of Fort Collins Natural Areas Department in the Natural Resources Department, protects and enhances lands with existing or potential natural resources in a manner that promotes ecological integrity and provides educational and recreational opportunities to enrich the lives of its citizens. In 1992 the Natural Areas Program was set up to implement open land conservation priorities identified in the city’s Comprehensive Plan by purchasing fee simple or conservation easement interests in key natural areas and other open lands, providing stewardship for lands city acquired, and providing trails/interpretive features for public use. The City of Fort Collins Natural Areas Department is seeking a qualified design professional/construction contractor to provide design/build services to rehabilitate two small farm outbuildings on the historic Hyatt-Spence-Pulliam Ranch located in West Glade, the first foothills valley west of Masonville, Colorado. See attached map. The historic ranch is at the center of Bobcat Ridge Natural Area owned by City of Fort Collins. Although a majority of the funds for this project are being provided by the State Historical Fund of Colorado, the D.R. and Virginia D. Pulliam Charitable Trust and the City of Fort Collins are partnering to fund a portion of the restoration of the pioneer barn and log chicken house that represent the earliest settlement in West Glade. The barn needs stabilization, repair, new roof, and restoration of front wall from a 1956 photo; the log chicken house will be rebuilt from its collapsed state. See attached photographs. The buildings shall be restored strictly in accordance with Secretary of Interior’s Standards for the Treatment of Historic Properties. The following designations; proposer, design/builder, design/build team, and contractor shall be synonymous terms in this document. Building Use and Condition: The property was historically agricultural - farm and ranch; currently it is a conservation area owned by the City of Fort Collins. The historic resources are used for interpretation to school children, and visitors from Colorado and all over the country. Environmental/history tours given by CSU Student interpretation educators serve every fifth grader in the Big Thompson School District for one day field trips each year. Building Characteristics : The relatively small (17’-6” x 23’-6”) Pioneer Barn has a simple side-to-side gable roof form currently with open, lean-to, loafing shed front elevation. It is constructed from wood pitch post and beams as a “pole” barn, and sided with vertical 1x skip sheathing rough sawn planks. The barn’s gable roof has layers of taper sawn/split cedar shingles, many missing. The front shed roof is metal corrugated panels, some severely rusted. The Chicken House (12’-6” wide and approximately 15’ long) consists of hewn squared log walls with dovetail corner notching. The front door is vertical planks and a large four-space open window located right of the entrance. The front-gabled roof is finished with wood shingles, and wood plank front gable wall. The Barn is in fair structural and architectural condition, retaining its original plan form and massing, but a 1956 photo shows the south elevation was removed at a later date. The Chicken House is in poor structural and architectural condition, having collapsed backward on itself into the hogback ridge behind it, yet it still retains its original plan form, massing and front 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 3 of 81 south-facing elevation. The buildings’ condition is due to disuse, age, inclement weather, neglect, and severe weather drainage off the cliff behind. Restoration Overview: The Barn and Chicken House shall be restored within the Hyatt- Spence-Pulliam Ranchstead period of significance, 1885-1975. The Barn shall be restored to the only historic photo existing, 1956 (attached.) The shed metal roof shall be replaced with wood shingles, and the front elevation will be enclosed like the photo. The Chicken House’s only known alteration was in the 1920s when a tenant widened the window to warm the chickens. Both buildings will be interpreted as historical use; materials and features from the restoration period will be retained and preserved; work needed to stabilize, consolidate, and conserve materials and features from the restoration period shall be physically/visually compatible; deteriorated features shall be repaired rather than replaced; and where the severity of deterioration requires replacement, the new feature shall match the old in design, color, texture, and, where possible, materials. Restoration Activities: Sitework - The south-facing two buildings back up to a hog-back geologic formation and lie in its natural drainage pattern. Moisture/run-off over time has deposited debris/backfill against both buildings, and contributed to the chicken house’s collapse onto its back wall. This caused rot damage to the Barn’s lower siding and likely rot of Chicken House’s sill logs. To protect the buildings, a swale shall be cut on north, east, and west elevations to provide positive drainage away from each building. The City’s Natural Resources Department will re-seed the new slopes separately from this project but the design/build contractor may need to coordinate with the City relative to this activity. Non-original debris shall be removed from inside and outside both buildings and a large willow over hanging the Chicken House shall be trimmed or removed at discretion of the property owner. Archeological oversight will be provided by the Owner via Colorado State University professionals. Foundations – The Barn rests on vertical “pitch pole” supports with no formal foundation. The Chicken House appears to have a small foundation/retaining wall at the back but not on the sides or front. It is dry stack strip sandstone available in commercial quarries nearby. A similar low dry stack foundation is proposed under all walls “sitting” on the soil. Elevating the wood framing from the soil will prevent future damage due to moisture and dry rot. Structural – Where necessary, the Barn’s pole columns shall be repaired at the base and placed over concrete caissons attached to provide the proper lateral and gravity connection. The “pole barn” vertical posts are framed to the roof structure with horizontal wind girt framing members between the post and around openings. The main roof structure consists of tied arched framing with no ridge beam. Minor repairs with like material shall be made to damaged or missing structural framing members. Overall the structure is in good shape and the wood framing appears to be adequate to maintain the structure. Note: The sole purpose of these buildings is for interpretation as historical artifacts. The buildings will not be continuously occupied. Some measure of agreement may need to be reached by compromise with Larimer County Building Officials and any other Authorities Having Jurisdiction, somewhere between maintaining historic authenticity and current building codes. It is the Owners expectation that the design/build contractor, along with the Owner’s representatives, will negotiate this important issue with Building Officials and that the design of all structural elements will be completed in such a way that these elements may be either hidden or disguised. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 4 of 81 Exterior Walls – The Barn’s rough sawn plank sheathing is water damaged, rotted, or missing along the bottom and caved in on the north elevation. The sheathing boards shall be reattached and loose boards or battens tightened, only replacing missing boards if necessary. The front south elevation shall be enclosed like the 1956 photo, and the new wall will have three log girders and board/batten siding matching the barn construction. For protection, the soil will be pulled away from the framing and ground runoff will be diverted away from the building. The Chicken House collapsed backward likely from site drainage damage, roof snow loads, and 130 years of diminished maintenance. This project will disassemble and number/inventory timbers for re-use, assessing each framing member to determine if it should be replaced or used in the reconstruction. Many log members on the front/sides could be salvaged while the north requires complete replacement with new logs matching the old in material, size, and notching. Ultimately reconstruct the hewn log building on top of a new dry laid sandstone foundation for stability and protection of the logs. Roof – The Barn’s wood shingle roof over skip sheathing is in fair to very poor condition on the south gable side. Wood shingles will be removed and replaced with like kind (wood shingles) but treated with fire-retardant materials. The fascias and barge rafters shall be repaired and/or replaced to prevent further weathering. One section of barge rafter that is severely deteriorated shall be replaced in form and material. The metal shed portion of the roof shall be replaced with wood shingles/skip sheathing as in the 1956 photo. The Chicken House roof is constructed of taper sawn wood shingles over skip sheathing over rough sawn 2x4 roof rafters. A 2x4 skirt board, in fair condition, is located at the south gable end over the vertical sheathing. Due to collapse of the north wall, it is unsure if a skirt board was present at this side of the gable as well. The roof has collapsed into the interior of the building, and caused materials to be missing, severely damaged or deteriorated. The entire roof needs to be reconstructed based on information gathered from original configuration/materials. Materials not salvageable shall be replaced in-kind. Interior Finishes, Doors, and Windows – The Barn has no interior finishes on the walls and a dirt-floor. All non-original debris will be removed. An existing feed trough constructed of unpainted wood 2x nominal materials positioned against the wall lines the entire north wall. The trough shall be repaired where it has come apart. Four side doors are in good condition but rusted strap hinges shall be replaced, new metal hook and eyes added, and one door returned to operable condition. All work shall match the style/materials of the originals. There are window openings, but no existing windows. The Chicken House has a dirt floor and no interior wall finishes visible. Debris located in the interior of the building due to its collapse shall be carefully removed and assessed for reconstruction plans. The Chicken House single south door is a barn-style door, of 1x rough sawn boards with 1x6 interior crossbuck. It is constructed similarly to that of the Pioneer Barn, additional evidence that the two buildings were constructed around the same time. The window, skewed from the collapse, shall be reconstructed and the door re-hung. Synopsis of Services Requested through this RFP: Architectural/Engineering/Regulatory Services: 1. Architectural a. Develop shop drawings detailing construction methods/connections and rehabilitation materials to be used as replacement parts, including lumber, shingles, hardware, concrete, stonework, etc. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 5 of 81 b. Complete all requirements necessary to obtain a Larimer County Building permit. c. Complete all requirements to obtain permits and/or necessary approvals required by all Authorities Having Jurisdiction (AHJ’s) in the locality. 2. Engineering a. Complete all requirements to comply with AHJ’s relative to structural, storm drainage, environmental, and/or any other similar regulations necessary to complete the project. b. Provide all customary and/or typical engineering services for a project of this nature and scope. 3. Regulatory Requirement a. Pay fees for, and obtain, all construction/building permits. Construction Preservation Activities – Pioneer Barn 1. Sitework a. Re-grade and construct swale at north, east, and west side b. Plant native grasses to stabilize new slope (coordinate with Owner provided service) c. Remove non-original debris from the surrounding site d. Remove non-original debris from the building interior 2. Structural a. Install caissons and base plates to support existing columns b. Selective repair damaged or missing structural framing 3. Exterior Walls a. Repair and/or replace damaged or missing board and batten siding b. Enclose south wall with girders/board batten siding 4. Roof a. Repair and or replace deteriorated barge rafter b. Repair and/or replace fascia and barge rafters as needed c. Remove and replace all wood shingles with taper sawn wood shingles d. Replace metal roof with skip sheathing and wood shingles 5. Interior Finishes and Doors a. Repair feed trough b. Replace existing strap hinges w/new hinges to match original c. Install new metal hook and eye latch at western main door d. Restore and make operable east lean-to door Construction Preservation Activities– Pioneer Chicken House 1. Sitework a. Re-grade and construct swale at north, east, and west b. Remove or trim large willows on north side (haul off debris) c. Plant native grasses to stabilize the new slope (coordinate with Owner provided service) d. Remove debris from interior and surrounding site 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 6 of 81 2. Foundation/ Exterior Wall Log Work a. Disassemble and inventory timbers for re-use b. Construct a new sandstone foundation c. Reconstruct hewn log building 3. Roof a. Remove and dispose of existing roof framing b. Reconstruct new roof system c. Install taper sawn wood shingles 4. Doors and Window a. Reconstruction of door and window frames b. Repair and re-hang door Proposed Milestone Schedule: June 27 RFP available to Proposers 7/20 - RFP returned to Purchasing 7/27 - RFP review complete 8/07 - RFP Interviews Complete Week of Aug 10 Award Contract Week of Aug 27 Design Phase Start (on-going) Sept 4 Construction Start Nov 20 Construction Complete Nov 30 Submit after Photos and Final Contract Documentation to SHF for Approval Feb 15 Close-out construction project with grant agency – via Grant Manager (Carol Tunner) Jan 2014 Close-out Grant with CHF on or before 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 7 of 81 Location n: Vicinity MMap 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 8 of 81 Photos: Pioneer Barn & Chicken House 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 9 of 81 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 10 of 81 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 11 of 81 Additional Information Available as an Aid to the Proposer: Excerpt from 2008 Historic Structure Assessment with Budget and Barn drawings by Aller- Lingle-Massey Architects may be obtained by contacting the project Grant Manager, Ms Carol Tunner at: 970-484-3957; or the City of Fort Collins project representative, Mr Steve Seefeld, CCCA, Facilities Project Manager at: 970-221-6227. Specific Project Requirements and Qualifications: Restoration and Preservation Projects shall meet the requirements of the Secretary of the Interior Standards for Rehabilitation of Historic Buildings of the Colorado Historical Society. Design/builder shall take all necessary care in selective demolition and construction of this project so as not to damage or destroy the historic fabric of the structure that is to remain. Unless otherwise indicated, Design/builder shall provide, at their expense, all materials, labor, equipment, tools, transportation and utilities, including cost of connection necessary for successful completion of the project. The Design/builder shall be responsible for seeing that all contractors, subcontractors, suppliers and workmen associated with the project conduct themselves in a professional and businesslike manner while on the site. Alcoholic beverages and smoking will not be permitted on the site, anywhere within the Owner’s facilities or on the Owner’s property. All workers shall refrain from the use of profane or abusive language and other forms of harassment on the site. At the time of proposal submission, the proposer shall submit for review, a list of all major sub- consultants and/or subcontractors performing more than 20% of the work anticipated on the project. The Owner reserves the right to reject the work of any subcontractors or consultants deemed to be not in the best interest of the City based either upon past performance or experience. Proposer Qualifications: Design/builder shall have completed at least three (3) projects requiring adherence to the Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, or other projects of similar size and complexity under rehabilitation guidelines of the Colorado Historical Society in the past five (5) years. Design/builder shall hold the equivalent of a Class C1 General Contractor’s License with the City of Fort Collins. Superintendent 1. Design/builder shall employ a competent superintendent and any necessary assistants who shall be in attendance at the project site during the performance of the work. 2. Superintendent shall be on the jobsite in all cases whenever a subcontractor is working on the project. 3. Superintendent shall be a regular employee of the design/builder’s firm unless the use of a contract employee is pre-approved and authorized by the project Owner in writing. Superintendent shall have a general knowledge of the building type and of the type of 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 12 of 81 construction proposed, and shall have successfully completed at least two (2) projects of similar scope in the past five (5) years. 4. Restoration and Preservation Projects: Superintendent shall have completed at least one (1) project requiring adherence to the Secretary of the Interior’s Standards for Rehabilitation for Historic Buildings, or other project under rehabilitation guidelines of the Colorado Historical Society in the past five (5) years. 5. Upon request, design/builder shall submit a written resume and other supporting documentation to verify the superintendent’s qualifications. Warranty: The successful proposer shall warrant all architectural and engineering design work, construction materials and workmanship for a period of one (1) calendar year from the date of Substantial Completion. All manufacturer extended warranties shall be passed through to the Owner (City of Fort Collins). Additional General Requirements and Other Process Issues and Procedures The proposer will be required to follow the City of Fort Collins procedures with respect to Schedule of Values, Change Order procedures, and Applications for Payment. An electronic copy (sample) of the City of Fort Collins payment procedures may be obtained by contacting the City of Fort Collins project representative, Mr Steve Seefeld, CCCA, Facilities Project Manager at: 970.221-6227. Items to be discussed and implemented by mutual agreement between the project Owner and the successful Proposer at the preconstruction conference include, but may not be limited to, project meetings, project schedules, product data and samples, submittals, quality control, temporary utilities, temporary controls, cutting and patching, field offices & contractor storage on site, project identification (signage), final cleaning, project close-out, and project record documents. So that the proposer may familiarize him/herself with a typical City of Fort Collins “general requirements” specification relative to the items described above, a “sample” specification may be obtained electronically by contacting the City of Fort Collins project representative, Steve Seefeld, CCCA, Facilities Project Manager at: 970.221-6227. RFP Deliverables: Please include the following information in your Request for Proposal 1. Provide Company history and experience in professional A/E services described in this RFP; or include information for professional team member responsible for this portion of the work if not direct company employee(s). 2. State the teams experience with integrated design/build work. List projects completed in the past five years with similar scope of services. 3. References from three (3) or more organizations that have used your services or similar services on similar scope projects (or greater scope) within the past seven (7) years. Include: Name & address of referenced user or client. Name, title and telephone number of contact person for referenced user or client. A description of services provided for referenced user or client. Date/time-frame for services provided for the referenced user or client. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 13 of 81 4. A written description of proposed services on this project including a description of your team’s approach and identification of key team members. 5. Describe any unique capabilities/experience the proposed key staff will bring to this project. How will their experience benefit the project? 6. Provide your teams’ not to exceed estimate for the design/build project, including design fees, construction cost, mark-ups, profit & overhead, other direct and/or reimbursable expenses. 7. Provide limits of liability for: (a) general liability and (b) errors and omissions. Review and Assessment Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and optional interview session. At discretion of the City, interviews of top rated firms may be held. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 14 of 81 Reference Evaluation (Top Rated Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 15 of 81 SAMPLE DESIGN BUILD AGREEMENT THIS AGREEMENT is dated of the _______day of _______________, 200_ by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter called OWNER) and _______________________________, a [fill in entity form and state of formation] (hereinafter called DESIGN/BUILDER). OWNER AND DESIGN/BUILDER, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 DESIGN/BUILDER shall complete all Work as specified or indicated in the Owner- Design/Builder Contract Documents, as set forth in Section 12.01. The Work is generally described as follows: design and construction of a _________________ located ___________________________________. Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as the design and construction of a ____________________________________________________________________________. Article 3. CONTRACT TIMES 3.01 Days to Achieve Substantial Completion and Final Payment The Work will be substantially completed within ____ days after the date when the Contract Times commence to run as provided in paragraph 2.02.A of the General Conditions and completed and ready for final payment in accordance with paragraph 13.08 of the General Conditions within ____ days after the date when the Contract Times commence to run. 3.02 Liquidated Damages A. DESIGN/BUILDER and OWNER recognize that time is of the essence of the Agreement and the OWNER will suffer financial loss if the Work is not completed within the 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 16 of 81 times specified in paragraph 3.01 above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expenses and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and DESIGN/BUILDER agree that as liquidated damages for delay (but not as a penalty) DESIGN/BUILDER shall pay OWNER ____ Thousand Dollars ($_,000.00) for each day that expires after the time specified in paragraph 3.01 for Substantial Completion until the Work is substantially complete. Article 4. CONTRACT PRICE 4.01 OWNER shall pay DESIGN/BUILDER for completion of the Work in accordance with the Contract Documents a sum equal to the Cost of the Work plus a DESIGN/BUILDER’s Fee for overhead and profit, both of which shall be determined as provided below. Article 5. COST OF THE WORK 5.01 Cost of the Work shall be determined as provided in paragraphs 10.01.A and B of the General Conditions, but, in addition to any limitations therein set forth, it shall not include costs in excess of any Guaranteed Maximum Contract Price as set forth in Article 7 hereof. Article 6. DESIGN/BUILDER’S FEE 6.01 The DESIGN/BUILDER’s Fee shall be determined as follows: A. A fixed fee of $________________which shall be subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. B. No fee shall be paid for costs listed in paragraph 10.01.B of the General Conditions. C. DESIGN/BUILDER guarantees that the maximum amount payable by OWNER in accordance with this paragraph 6.01 as a percentage fee will not exceed $___________ subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. Article 7. GUARANTEED MAXIMUM PRICE 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 17 of 81 7.01 DESIGN/BUILDER guarantees that the maximum obligation of OWNER for the sum of the Cost of the Work plus the DESIGN/BUILDER’s Fee will not exceed $____________ (the “GMP”) subject to increases or decreases for changes in the Work. 7.02 In the event that the Cost of the Work plus the DESIGN/BUILDER’s Fee shall be less than the GMP, as adjusted by Change Orders, the resulting Savings shall be shared by the OWNER and the DESIGN/BUILDER as follows: A. OWNER shall be entitled to Seventy-five percent (75%) of the Savings; B. DESIGN/BUILDER shall be entitled to Twenty-five percent (25%) of the Savings, at the time of Final Payment. Article 8. CHANGES IN THE WORK 8.01 The amount of any increases or decreases in the DESIGN/BUILDER’s Fee or in any Guaranteed Maximum Price or Fee which results from a Change Order shall be set forth in the applicable Change Order subject to the following: A. Any increase or decrease in the DESIGN/BUILDER’s Fee resulting from net additions or decreases in the Cost of the Work shall be determined in accordance with paragraph 11.01.C of the General Conditions. B. In the case of net additions or deletions in the Work, the amount of any increase or decrease in the Guaranteed Maximum Price shall be determined in accordance with paragraph 10.01 of the General Conditions. Article 9. PAYMENT PROCEDURES 9.01 DESIGN/BUILDER shall submit and OWNER will process Applications for Payment in accordance with Article 13 of the General Conditions. Applications for Payment will indicate the amount of the DESIGN/BUILDER’s Fee then payable. A. Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of DESIGN/BUILDER’s Applications for Payment, on or about the 15th day of each month during performance of the 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 18 of 81 Work as provided in paragraphs 9.01.A.1 and A.2 below. All such payments will be subject to the limitations of any Guaranteed Maximum Price or DESIGN/BUILDER’s Fee and will be measured by the acceptable Schedule of Values established in paragraph 2.06 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). 1. For Cost of Work: Progress payments on account of the Cost of the Work will be made as follows: a. Prior to Substantial Completion, in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as OWNER may withhold in accordance with paragraph 13.03.B of the General Conditions. (1) 90 percent of Cost of the Work completed (with the balance being retainage). If the Work has been 50% completed as determined by OWNER, and if the character and progress of the Work have been satisfactory to OWNER, OWNER may determine that as long as the character and progress of the Work remain satisfactory, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. (2) 90 percent of (with the balance being retainage) of the cost of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 13.02.A of the General Conditions). b. Upon Substantial Completion, in an amount sufficient to increase total 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 19 of 81 payments to DESIGN/BUILDER to 95 percent of the Contract Price (with the balance being retainage), less such amounts as OWNER shall determine that OWNER may withhold, in accordance with paragraph 13.03.B of the General Conditions. 2. For DESIGN/BUILDER’s Fee: Progress payments on account of the DESIGN/BUILDER’s Fee will be made as follows: a. Payments prior to Substantial Completion will be in an amount equal to 90 percent of such Fee earned to the date of the approved Application for Payment (less in each case payments previously made on account of such fee) based on the progress of the Work measured by the Schedule of Values established as provided in paragraph 2.06.A of the General Conditions (and in the case of Unit Price Work on the number of units completed) and upon Substantial Completion in an amount sufficient to increase total payments to DESIGN/BUILDER on account of that fee to 95 percent of the DESIGN/BUILDER’s Fee. B. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 13.08 of the General Conditions and statutorily required procedures as set forth in Section 16.05.A of the General Conditions, OWNER shall pay remainder of the Contract Price. Article 10. DESIGN/BUILDER’S REPRESENTATIONS 10.01. DESIGN/BUILDER makes the following representations: A. DESIGN/BUILDER has examined and carefully studied the Contract Documents (including the Addenda) listed in paragraphs 12.01.A through J but excluding the documents described in paragraph 12.01.K and the other related data identified in the Request for Proposals. B. DESIGN/BUILDER has visited the Site and become familiar with and is satisfied 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 20 of 81 as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work. C. DESIGN/BUILDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. D. DESIGN/BUILDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site which have been made available by OWNER. E. DESIGN/BUILDER is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. F. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. G. DESIGN/BUILDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 11. ACCOUNTING RECORDS 11.0 DESIGN/BUILDER shall keep such full and detailed accounts as may be necessary for proper financial management under the Contract Documents with respect to all materials, 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 21 of 81 equipment and labor entering into the Work. The accounting methods shall be satisfactory to OWNER. OWNER shall be afforded reasonable access to all of DESIGN/BUILDER’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to the Cost of Work and DESIGN/BUILDER’s Fee. DESIGN/BUILDER shall preserve all such documents for a period of three years after final payment by OWNER. Article 12. CONTRACT DOCUMENTS 12.01 The Contract Documents which comprise the entire agreement between OWNER and DESIGN/BUILDER concerning the Work consist of the following: A. This Agreement (pages 1 to ______, inclusive). B. Exhibits to this Agreement (pages _______ to _______, inclusive). C. OWNER’s Request for Proposal No. P-___, along with Conceptual Documents identified therein. D. DESIGN/BUILDER’s Proposal in Response to OWNER’s Request for Proposal No. P- ___. E. Notices to Proceed. F. Performance, payment, and other Bonds, identified as Section 00600 ____ and consisting of ______pages. G. Standard General Conditions of the Contract Between Owner and Design/Builder (pages one to thirty-four, inclusive). H. Supplementary Conditions (pages ______ to _______, inclusive). I. Addenda numbers ______ through ______ inclusive. J. Other Documentation submitted by DESIGN/BUILDER prior to Notice of Award (pages _______ to _______, inclusive). K. The following, which may be delivered, prepared or issued after the Effective Date of this Agreement and are not attached hereto: 1 All Written Amendments and other documents amending, modifying or 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 22 of 81 supplementing the Contract Documents pursuant to paragraph 3.04.A of the General Conditions. 2 Specifications as defined in Paragraph 1.01.A.40 of the General Conditions. 3 Drawings as defined in Paragraph 1.01.A.18 of the General Conditions. 12.02 The documents listed in paragraph 12.01 above are attached to this Agreement (except as otherwise expressly noted). 12.03 There are no Contract Documents other than those listed above in this Article 12. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04.A of the General Conditions. 12.04 In the case of any irreconcilable ambiguity, inconsistency or conflict between DESIGN/BUILDER’s Proposal (Section 12.01.D) and the Request for Proposal (Section 12.01.C), the terms of the Proposal shall be controlling. In the case of any irreconcilable ambiguity, inconsistency or conflict among the Contract Documents listed in Section 12.01, the documents listed in Section 12.01.K shall govern, and in the case of any irreconcilable ambiguity, inconsistency or conflict among the documents listed in Section 12.01.K, the documents listed in Sections 12.01.K.1, Section 12.01.K.2, and Section 12.01.K.3 shall take precedence, in the order herein listed. Article 13. MISCELLANEOUS 13.01 The Standard General Conditions of the Contract Between Owner and Design/Builder are referred to herein as the General Conditions. 13.02. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated therein. 13.03 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, moneys that may become due and 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 23 of 81 moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 13.04 OWNER and DESIGN/BUILDER each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 13.05. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and DESIGN/BUILDER, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 13.06 The Contract Documents shall constitute public records under the Colorado Public Records Act, and shall be available for public review upon request, except for the Audited Financial Statement of DESIGN/BUILDER included in DESIGN/BUILDER’S Proposal. IN WITNESS WHEREOF, OWNER and DESIGN/BUILDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and DESIGN/BUILDER. All portions of the Contract Documents have been signed, initiated or identified by OWNER and DESIGN/BUILDER. This Agreement will be effective on ________________________, 200_. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 24 of 81 OWNER: CITY OF FORT COLLINS DESIGN/BUILDER: By: By: _______________________________ Title: James B. O’Neill II, CPPO, FNIGP Director of Purchasing &Risk Management Date: Date: _____________________________ [CORPORATE SEAL] ATTEST: ATTEST: City Clerk Corporate Secretary City Clerk Address for giving notices: Address for giving notices: PO Box 580 Fort Collins, CO 80522 APPROVED AS TO FORM: License No. Assistant City Attorney (If DESIGN/BUILDER is a corporation, attach evidence of authority to sign.) 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 25 of 81 ATTACHMENTS 00410 Proposal Bond 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (Contractor) 00660 Consent of Surety 00670 Application for Exemption Certificate 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 26 of 81 SECTION 00410 PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Proposal and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, . NOW THEREFORE, (a) If said Proposal shall be rejected, or (b) If said Proposal shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Proposal) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Proposal, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Proposal; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 27 of 81 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20__, and such of them as are corporations have caused their corporate seals to behere to affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL SURETY Name:_____________________________ __________________________________ Address:__________________________ __________________________________ By:_______________________________ By: ______________________________ Title: ___________________________ Title:____________________________ ATTEST: By:_______________________________ (SEAL) (SEAL) 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 28 of 81 Section 00410 Page 2 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 29 of 81 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm)(Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a(Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of, 20__, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, . NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 30 of 81 to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this day of , 20__. IN PRESENCE OF: Principal (Title) (Address) (Corporate Seal) IN PRESENCE OF: Other Partners By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By: _____________________________ By: (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 31 of 81 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm)(Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principalentered into a certain Agreement with the OWNER, dated the dayof , 20__, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, . NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in anyway affect its obligation on this bond; and it does hereby waive notice of any such change, 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 32 of 81 extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4)counterparts, each one of which shall be deemed an original, this day of , 20 . IN PRESENCE OF: Principal (Title) (Address) (Corporate Seal) IN PRESENCE OF: Other Partners By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By: _____________________________ By: (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 33 of 81 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 34 of 81 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. ________________________________ By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: ________________________________ OWNER AUTHORIZED REPRESENTATIVE DATE 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 35 of 81 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: , 20 TO: Gentlemen: You are hereby notified that on the day of , 20__, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins Project, . A check is attached hereto in the amount of ($ ) as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated . In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: . Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 36 of 81 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or material men or their agents, employees and servants and further 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 37 of 81 affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, material men, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20__. CONTRACTOR : By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of , 20__, by . Witness my hand and official seal. My Commission Expires: . Notary Public 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 38 of 81 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety)hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of ,20 ____ . (Surety Company) BY: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 39 of 81 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 40 of 81 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 41 of 81 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 42 of 81 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. City of Fort Collins changes to this document are shown by underlining text that has been added and striking through text that has been deleted. STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ___________________ AMERICAN COUNCIL OF ENGINEERING COMPANIES ___________________ AMERICAN SOCIETY OF CIVIL ENGINEERS 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 43 of 81 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 44 of 81 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with either one of the two Agreements between Owner and Design/Builder (Nos. D-520 and D-525, 2002 Editions) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated and a change in one may necessitate a change in the others. The suggested language and instructions contained in the Guide to Use of EJCDC Design/Build Documents (No. D-001, 2002 Edition) is also carefully interrelated with the language of these General Conditions. The Guide also contains comments concerning the use of the General Conditions. Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 45 of 81 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 TABLE OF CONTENTS Page ARTICLE 1 – DEFINITIONS AND TERMINOLOGY ....................................................................................................................1 1.01 Defined Terms .......................................................................................................................................................................1 1.02 Terminology...........................................................................................................................................................................3 ARTICLE 2 – PRELIMINARY MATTERS......................................................................................................................................4 2.01 Delivery of Bonds..................................................................................................................................................................4 2.02 Commencement of Contract Times; Notice to Proceed.........................................................................................................4 2.03 Starting the Work...................................................................................................................................................................4 2.04 Before Starting the Work .......................................................................................................................................................4 2.05 Initial Conference...................................................................................................................................................................4 2.06 Initial Acceptance of Schedules.............................................................................................................................................5 ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE..............................................................................5 3.01 Intent ......................................................................................................................................................................................5 3.02 Reference Standards...............................................................................................................................................................5 3.03 Resolving Discrepancies........................................................................................................................................................5 3.04 Amending and Supplementing Contract Documents .............................................................................................................6 3.05 Reuse of Documents Use of Design Materials.......................................................................................................................6 3.06 Electronic Data.......................................................................................................................................................................7 ARTICLE 4 – AVAILABILITY OF LANDS; DIFFERING SITE SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS ...............................................................................7 4.01 Availability of Lands .............................................................................................................................................................7 4.02 Differing Site Conditions Subsurface and Physical Conditions.............................................................................................7 4.03 Reference Points ....................................................................................................................................................................9 4.04 Hazardous Environmental Condition at Site Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material.......10 ARTICLE 5 – BONDS AND INSURANCE....................................................................................................................................10 5.01 Performance, Payment and Other Bonds .............................................................................................................................11 5.02 Licensed Sureties and Insurers.............................................................................................................................................11 5.03 Certificates of Insurance ......................................................................................................................................................11 5.04 Design/Builder's Liability Insurance....................................................................................................................................11 5.05 Owner's Liability Insurance .................................................................................................................................................12 5.06 Property Builders Risk Insurance.........................................................................................................................................12 5.07 Waiver of Rights..................................................................................................................................................................13 5.08 Receipt and Application of Insurance Proceeds...................................................................................................................14 5.09 Acceptance of Bonds and Insurance; Option to Replace .....................................................................................................14 5.10 Partial Utilization, Acknowledgment of Property Insurance ...............................................................................................14 ARTICLE 6 – DESIGN/BUILDER'S RESPONSIBILITIES...........................................................................................................14 6.01 Design Professional Services ...............................................................................................................................................14 6.02 Supervision and Superintendence of Construction ..............................................................................................................15 6.03 Labor, Working Hours .........................................................................................................................................................15 6.04 Services, Materials, and Equipment.....................................................................................................................................15 6.05 Progress Schedule ................................................................................................................................................................16 6.06 Concerning Subcontractors, Suppliers and Others...............................................................................................................16 6.07 Patent Fees and Royalties ....................................................................................................................................................16 6.08 Permits .................................................................................................................................................................................17 6.09 Laws or Regulations ............................................................................................................................................................17 6.10 Taxes....................................................................................................................................................................................17 6.11 Use of Site and Other Areas.................................................................................................................................................17 6.12 Record Documents...............................................................................................................................................................18 6.13 Safety and Protection ...........................................................................................................................................................18 6.14 Safety Representative...........................................................................................................................................................18 6.15 Hazard Communication Programs .......................................................................................................................................18 6.16 Emergencies.........................................................................................................................................................................18 6.17 Submittals ............................................................................................................................................................................19 6.18 Continuing the Work............................................................................................................................................................19 6.19 Post-Construction Phase ......................................................................................................................................................19 6.20 Design/Builder's General Warranty and Guarantee .............................................................................................................19 6.21 Indemnification....................................................................................................................................................................19 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 ARTICLE 7 – OTHER CONSTRUCTION......................................................................................................................................20 7.01 Related Work at Site ............................................................................................................................................................20 7.02 Coordination ........................................................................................................................................................................21 ARTICLE 8 – OWNER'S RESPONSIBILITIES .............................................................................................................................21 8.01 General.................................................................................................................................................................................21 8.02 Insurance..............................................................................................................................................................................21 8.03 Limitations on Owner's Responsibilities..............................................................................................................................21 8.04 Undisclosed Hazardous Environmental Condition ..............................................................................................................22 8.05 Resident Project Representation ..........................................................................................................................................22 8.06 Owner's Consultant ..............................................................................................................................................................22 ARTICLE 9 – CHANGES IN THE WORK; CLAIMS....................................................................................................................22 9.01 Authorized Changes in the Work.........................................................................................................................................22 9.02 Unauthorized Changes in the Work .....................................................................................................................................22 9.03 Claims ..................................................................................................................................................................................22 9.04 Execution of Change Orders................................................................................................................................................22 9.05 Notice to Sureties.................................................................................................................................................................23 9.06 Effect of Change Orders ......................................................................................................................................................23 ARTICLE 10 – COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK.............................................................23 10.01 Cost of the Work................................................................................................................................................................23 10.02 Cash Allowances................................................................................................................................................................25 10.03 Unit Prices..........................................................................................................................................................................25 ARTICLE 11 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ...........................................................25 11.01 Change of Contract Price ...................................................................................................................................................25 11.02 Change of Contract Times .................................................................................................................................................26 ARTICLE 12 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION OR WORK........................................................................................................................................................27 12.01 Notice of Defects ...............................................................................................................................................................27 12.02 Access to Construction.......................................................................................................................................................27 12.03 Tests and Inspections .........................................................................................................................................................27 12.04 Uncovering Construction ...................................................................................................................................................27 12.05 Owner May Stop Construction or Work ............................................................................................................................28 12.06 Correction or Removal of Defective Construction or Work ..............................................................................................28 12.07 Correction Period...............................................................................................................................................................28 12.08 Acceptance of Defective Construction...............................................................................................................................28 12.09 Owner May Correct Defective Construction or Work .......................................................................................................28 12.10 No Limitation.....................................................................................................................................................................29 ARTICLE 13 – PAYMENTS TO DESIGN/BUILDER AND COMPLETION...............................................................................29 13.01 Schedule of Values ............................................................................................................................................................29 13.02 Application for Progress Payment .....................................................................................................................................29 13.03 Review of Applications for Progress Payments.................................................................................................................29 13.04 Design/Builder's Warranty of Title ....................................................................................................................................30 13.05 Substantial Completion......................................................................................................................................................30 13.06 Partial Utilization...............................................................................................................................................................30 13.07 Final Inspection..................................................................................................................................................................31 13.08 Final Payment ....................................................................................................................................................................31 13.09 Final Completion Delayed .................................................................................................................................................31 13.10 Waiver of Claims ...............................................................................................................................................................32 ARTICLE 14 – SUSPENSION OF WORK AND TERMINATION ...............................................................................................32 14.01 Owner May Suspend Work................................................................................................................................................32 14.02 Owner May Terminate for Cause.......................................................................................................................................32 14.03 Owner May Terminate for Convenience............................................................................................................................32 14.04 Design/Builder May Stop Work or Terminate...................................................................................................................33 ARTICLE 15 – DISPUTE RESOLUTION ......................................................................................................................................33 ARTICLE 16 – MISCELLANEOUS ...............................................................................................................................................33 16.01 Giving Notice.....................................................................................................................................................................33 16.02 Computation of Times .......................................................................................................................................................33 16.03 Cumulative Remedies ........................................................................................................................................................33 16.04 Survival of Obligations ......................................................................................................................................................34 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 1 STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1. Addenda – Written or graphic instruments issued prior to the opening of Proposals which clarify, correct or change the Request for Proposals or the Contract Documents. 2. Agreement – The written instrument which is evidence of the agreement between Owner and Design/Builder covering the Work. 3. Application for Payment – The form which is to be used by Design/Builder in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos – Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bonds – Performance and payment bonds and other instruments of security. 6. Change Order – A written order which is signed by Design/Builder and Owner which authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 7. Claim – A demand or assertion by Owner or Design/Builder seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a claim. 8. Conceptual Documents – The drawings and specifications and/or other graphic or written materials, criteria and information concerning Owner's requirements for the Project, such as design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, including those items enumerated in the Request for Proposals which show or describe the character and scope of, or relate to, the Work to be performed or furnished and which have been prepared by or for Owner. 9. Construction – The result of performing or furnishing of labor, the furnishing and incorporating of materials and equipment into the Work and the furnishing of services (other than Design Professional Services) and documents, all as required by the Contract Documents. 10. Construction Subagreement – A written agreement between Design/Builder and a construction Subcontractor for provision of Construction. 11. Contract – The entire and integrated written EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 2 16. Design Subagreement – A written agreement between Design/Builder and a design professional for provision of Design Professional Services. 17. Design Professional Services – Services related to the preparation of Drawings, Specifications, and other design submittals specified by the Contract Documents and required to be performed by licensed design professionals, as well as other services provided by or for licensed design professionals during Bidding/Negotiating, Construction, or Operational phases. 18. Drawings – Those portions of the Contract Documents prepared by or for Design/Builder and approved by Owner consisting of drawings, diagrams, illustrations, schedules and other data which show the scope, extent, and character of the Work. 19. Effective Date of the Agreement – The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 20. Field Order – A written order issued by Owner which orders minor changes in the Work in accordance with Article 9 – Changes in the Work; Claims, but which does not involve a change in the Contract Price or the Contract Times. 21. Hazardous Environmental Condition – The presence at the Site of Asbestos, Hazardous Waste, PCB's, Petroleum Products or Radioactive Materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto on connection with the Work. 22. Hazardous Waste – The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 23. Laws or Regulations – Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 23a. Legal Holidays – Those holidays observed by the City of Fort Collins. 24. Liens – Charges, security interests or encum- brances upon real property or personal property. 25. Milestone – A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 26. Notice of Award – The written notice by Owner to the successful proposer stating that upon compliance by the successful proposer with the conditions precedent included therein, within the time specified, Owner will sign and deliver the Agreement. 27. Notice to Proceed – A written notice given by Owner to Design/Builder fixing the date on which the Contract Times will commence to run and on which Design/Builder shall start to perform the Work. 28. Owner – The individual or entity with whom EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 3 objectives and the procedure to be followed in preparing and submitting a Proposal and awarding a contract. 37. Resident Project Representative – The authorized representative of Owner who may be assigned to the Site or any part thereof. 37a. Samples – Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work shall be judged. 38. Schedule of Values – A schedule prepared by Design/Builder and acceptable to Owner indicating that portion of the Contract Price to be paid for each major component of the Work. 38a. Shop Drawings – All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Design/Builder and submitted by Design/Builder to illustrate some portion of the Work. 39. Site – Lands or other areas designated in the Contract Documents as being furnished by Owner upon which Construction is to be performed, including rights-of- way and easements for access thereto, and such other lands furnished by Owner which are designated for use of Design/Builder. 40. Specifications – The part of the Contract Documents prepared by or for Design/Builder and approved by Owner consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 41. Subcontractor – An individual or entity other than a Supplier having a direct contract with Design/Builder or with any other Subcontractor for the performance of a part of the Work. 42. Submittal – A written or graphic document prepared by or for Design/Builder which is required by the Contract Documents to be submitted to Owner by Design/Builder. Submittals may include Drawings, Specifications, progress schedules, shop drawings, samples, cash flow projections, and Schedules of Values. Submittals other than Drawings and Specifications are not Contract Documents. 43. Substantial Completion – The time at which the Work (or a specified part) has progressed to the point where it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions – The part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier – A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with Design/Builder or with any Subcontractor to furnish EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 4 it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Owner's final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion) provided that the defect was not caused by Owner. 3. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 4 . The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials or equipment or equipment complete and ready for intended use. 5. The words “perform” or “provide” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 6. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Design/Builder, “provide” is implied. 7. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with that meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When Design/Builder delivers the executed Agreements to Owner, Design/Builder shall also deliver to Owner such Bonds as Design/Builder may be required to furnish in accordance with paragraph 5.01.A. 2.02 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. Unless agreed to in writing by Owner and Design/Builder, the Contract Times will commence to run no later than the ninetieth day after the last day for receipt of the Proposal or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.03 Starting the Work A. Design/Builder shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.04 Before Starting the Work A. Design/Builder's Review of Contract Documents: Before undertaking each part of the Work, Design/Builder shall carefully study and compare those Contract Documents EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 5 C. Evidence of Insurance: Before any Work at the Site is started, Design/Builder and Owner shall each deliver to the other, certificates of insurance as required by paragraph 5.03 which Design/Builder and Owner respectively are required to purchase and maintain in accordance with Article 5. shall deliver to Owner certificates of insurance (and other evidence of insurance requested by Owner) which Design/Builder is required to purchase and maintain in accordance with Article 5 – Bonds and Insurance. 2.05 Initial Conference A. Within twenty days after the Contract Times start to run, Design/Builder will arrange a conference attended by Owner and Design/Builder and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the design concepts, schedules referred to in paragraph 2.04.B, procedures for handling Submittals, processing Applications for Payment, maintaining required records, items required pursuant to paragraph 8.01.A.6 and other matters. 2.06 Initial Acceptance of Schedules A. At least ten days before submission of the first Application for Payment (unless otherwise provided in the Contract Documents), Design/Builder will arrange a conference attended by Design/Builder, Owner and others as appropriate to review for acceptability the schedules submitted in accordance with paragraph 2.04.B. Unless otherwise provided in the Contract Documents, before any work at the site begins, a conference attended by Design/Builder, Owner’s Representative and others as designated by Owner will be held to review for acceptability to Owner as provided herein the schedules submitted in accordance with paragraph 2.04.B. Design/Builder shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Design/Builder until the acceptable schedules are submitted to Owner. 1. The progress schedule will be acceptable to Owner if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on Owner responsibility for the progress schedule, for sequencing, scheduling or progress of the Work nor interfere with nor relieve Design/Builder from Design/Builder's full responsibility therefor. 2. Design/Builder's schedule of Submittals will be acceptable to Owner if it provides a workable arrangement for reviewing and processing the required Submittals. 3. Design/Builder's Schedule of Values will be acceptable to Owner as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 6 2. No provision of any such standard, specification, manual, code, or instruction of a Supplier shall be effective to change the duties and responsibilities of Owner, Design/Builder, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Owner any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Resolving Discrepancies A. In the event of a discrepancy between the Conceptual Documents on the one hand and the Proposal or Drawings or Specifications on the other hand, the Conceptual Documents will control except when Owner has approved a Submittal pursuant to paragraph 6.17.B. B. Except as otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: 1. The provisions of any such standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. The provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3. In the event of conflicting or ambiguous provisions within the Contract Documents, specifications will take precedence over the drawings and addenda will take precedence over both. Notwithstanding the foregoing, the more specific provision will take precedence over the less specific; the more stringent will take precedence over the less stringent; the more expensive item will take precedence over the less expensive. On all drawings, figures take precedence over scaled dimensions. Scaling of dimensions, if done, is done at the Design/Builder’s own risk. C. If, during the performance of the Work, Design/Builder discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 3.03.B, Design/Builder shall report it to Owner in writing at once, and Design/Builder shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.16) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04.A; provided, however, that Design/Builder shall not be liable to EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 7 Project a royalty-free license to any such Design materials as to which the Design/Builder may assert any rights under the patent or copyright laws. The Design/Builder hereby assigns outright and exclusively to the Owner all copyrights in the design appearance of the Project. The Design/Builder, as part of its agreements with any Subcontractor or consultant, will secure such license and use rights from each such entity, and shall defend, indemnify and hold the Owner and any successors or assigns harmless from any claims by such entities for copyright or patent infringement. B. The Drawings, Specifications and other documents prepared for this Project are for use solely with respect to this Project and the author of these documents, consistent with Owner’s ownership of the design, shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Drawings, Specifications and other documents for information and reference in connection with the Owner’s use and occupancy of the Project. The Drawings, Specifications or other documents shall not be used by the Owner or others on other projects. Submission or distribution of documents to meet official regulatory requirements or for other similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved herein. C. Subject to Owner’s remedies for a default, the Owner shall release the Design/Builder, its Subcontractors, consultants, and their respective agents and employees from all Owner’s claims, liabilities, demands, actions, costs and expenses (including reasonable attorney’s and expert’s fees and costs) (a) arising from any use by the Owner, its successors or assigns of such Design Materials if the Design/Build Agreement is terminated by the Owner prior to Substantial Completion of the Work, or (b) arising as a result of amendments or modifications of any such Design Materials made without the prior consent of Design/Builder, and which do not result from errors, omissions or negligence in the Design Materials supplied hereunder. D. Upon conclusion of the Project and before final payment, Design/Builder shall provide Owner with reproducible drawings and electronic computer files of the Project containing accurate information on the Project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process proven suitable for long-term storage and high-quality reproduction. Electronic computer files shall be in AutoCAD Version 13 format. 3.06 Electronic Data A. Copies of data furnished by Owner to Design/Builder or Design/Builder to Owner that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 8 A. Design/Builder shall promptly, and before the conditions are disturbed, give a written notice to Owner of (i) subsurface or latent physical conditions at the Site which differ materially from those indicated in the Contract Documents, or (ii) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character called for by the Contract Documents. B. Owner will investigate the Site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Design/Builder's cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the Contract Price or Times modified in writing by Change Order in accordance with Article 9. C. No request by Design/Builder for an equitable adjustment under paragraph 4.02 shall be allowed unless Design/Builder has given the written notice required; provided that the time prescribed in 9.03.A for giving written notice may be extended by Owner. D. The provisions of this paragraph 4.02 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. A. Reports and Drawings: Refer to these Supplementary Conditions for identification of: 1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by Owner in preparing the Contract Documents, including the following: See Section 00800 Supplementary Conditions __________________________________________. Design/Builder may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretation or opinions contained therein or upon the completeness of any information in the report. 2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by OWNER in preparing the Contract Documents. a. No drawings of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.02.G) which are at or contiguous to the site have been utilized in preparation of the Contract Documents, except the following: See Section 00800 Supplementary Conditions _____________________________________ B. Limited Reliance by Design/Builder Authorized; Technical Data: Design/Builder may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Request for Proposals or in these Supplementary Conditions. Except for such reliance on such “technical data”, Design/Builder may not rely upon or make any claim against EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 9 E. Possible Contract Documents Change: If Owner concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.02.C, a Work Change Directive or a Change Order will be issued as provided in Article 9 to reflect and document the consequences of such change. F. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in Design/Builders cost of, or time required for performance of, the Work; subject, however, to the following: 1. such condition must meet any one of more of the categories described in paragraph 4.02.C; 2. a change in the Contract Documents pursuant to paragraph 4.02.E will not be an automatice authorization of nor a condition precedent to entitlement to any such adjustment; 3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraph 10.03; and 4. Design/Builder shall not be entitled to any adjustment in the Contract Price or Times if: a. Design/Builder knew of the existence of such conditions at the time Design/Builder made a final commitment to Owner in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Request for Proposals or Contract Documents to be conducted by or for Design/Builder prior to Design/Builder’s making such final commitment; or c. Design/Builder failed to give the written notice within the time and as required by Paragraph 4.02.C above. 5. If Owner and Design/Builder are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 10 and 11. However, Owner shall not be liable to Design/Builder for any claims, costs, losses or damages sustained by Design/Builder on or in connection with any other project or anticipated project. G. Physical Conditions – Underground Facilities: 1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to Owner by the owners of such Underground Facilities or by others Unless it is otherwise expressly provided in the Supplementary Conditions, Owner shall not be responsible for the accuracy or completeness of any such information or data, and the cost of all of the following will be included in the Contract Price and Design/Builder shall have full EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 10 4.03 Reference Points A. Design/Builder shall be responsible for laying out the Work and shall protect and preserve the reference points and property monuments established by Owner pursuant to paragraph 8.01.A.6.e, and shall make no changes or relocations without the prior written approval of Owner. Design/Builder shall report to Owner whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Hazardous Environmental Condition at Site Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material A. Design/Builder will not be responsible for any Hazardous Environmental Condition encountered at the Site which was not identified in the Contract Documents to be within the scope of the Work. Design/Builder shall be responsible for materials creating a Hazardous Environmental Condition created by any materials brought to the Site by Design/Builder, Subcontractors, Suppliers or anyone else for whom Design/Builder is responsible Owner shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site unless such substance or material should have been ascertained by Design/Builder in accordance with paragraph 4.02.C.5. OWNER shall not be responsible for any such materials brought to the site, managed, stored, or disposed of by Design/Builder, Subcontractors, Suppliers, or anyone else for whom Design/Builder is responsible.. B. If Design/Builder encounters a Hazardous Environmental Condition, Design/Builder shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Construction in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify Owner (and thereafter confirm such notice in writing). Owner shall promptly determine the necessity of retaining a qualified expert to evaluate such condition or take corrective action, if any. C. Design/Builder shall not be required to resume Construction in connection with such Hazardous Environmental Condition or in any such affected area until after Owner has obtained any required permits related thereto and delivered to Design/Builder written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. If Owner and Design/Builder cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Construction stoppage or EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 11 5.01 Performance, Payment and Other Bonds A. Design/Builder shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Design/Builder's obligations to furnish, provide and pay for Work and related materials under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. Design/Builder shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 by the Audit Staff, Bureau of Government Financial Operations, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by Design/Builder is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.B and 5.02, Design/Builder shall within twenty ten (10) days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02 must be acceptable to Owner. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Design/Builder shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Design/Builder shall deliver to Owner, with copies to each additional insured indicated in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Design/Builder is required to purchase and maintain. Owner shall deliver to Design/Builder, with copies to each additional insured indicated in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Design/Builder or any other additional insured) which Owner is required to purchase and maintain. 5.04 Design/Builder's Liability Insurance A. Design/Builder shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 12 officers, directors, partners, and employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. Include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; the limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For paragraphs 5.04.A.1 and 5.04.A.2: Coverage A – Statutory limits; Coverage B -- $100,000/ $100,000/ $500,000. For paragraphs 5.04.A.3 and 5.04.A.5: The Commercial General Liability Policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosions, Collapse, and Underground coverage unless waived by the Owner. For paragraph 5.04.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). For paragraph 5.04.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. For paragraph 5.02.C: The Professional Liability Errors & Omissions policy will have limits of $5,000,000. 3. Include completed operations insurance; 4. Include contractual liability insurance covering Design/Builder's indemnity obligations under paragraphs 6.11.A.3 and 6.21; 5. Contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to Owner and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Design/Builder pursuant to paragraph 5.03 will so provide); 6. Remain in effect at least until final payment and at all times thereafter when Design/Builder may be correcting, removing or replacing defective Construction in accordance with paragraphs 12.06 and 12.07; and 7. With respect to completed operations insurance, and any other insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment (and Design/Builder shall furnish Owner and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to Owner EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 13 malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws or Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. Include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. Cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Construction, provided that such materials and equipment have been included in an Application for Payment approved by Owner; 5. Allow partial utilization in accordance with paragraph 13.06; 6. Include testing and startup; and 7. Be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner and Design/Builder with thirty days' written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws or Regulations which will include the interests of Owner, Owner's Consultants, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by Owner in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to Design/Builder and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Design/Builder, Subcontractors, Suppliers, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount, will be borne by Design/Builder, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Design/Builder requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Design/Builder by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Design/Builder whether or not such other EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 14 Completion pursuant to paragraph 13.05, or after final payment pursuant to paragraph 13.08. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Design/Builder, Subcontractors, Owner's Consultant, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.B. Owner shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Construction shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Design/Builder has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party Design/Builder in accordance with Article 5 on the basis of their not complying with the Contract Documents, the objecting party Owner shall so notify the other party Design/Builder in writing within ten fifteen (15) days after receipt of the certificates (or other evidence requested) required by paragraph 2.04.C. Owner and Design/Builder shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was supposed to provide such coverage, and a Change Order shall be issued to adjust the EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 15 5. On the basis of the Conceptual Documents and Design/Builder's Proposal, prepare preliminary design documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project; 6. Furnish the preliminary design documents to and review them with Owner within the times indicated in the schedules described in paragraphs 2.06.A.1 and 2.06.A.2; and 7. Identify any variations in the preliminary design documents from the Contract Documents in accordance with 6.17.B. C. Final Design Phase. After written acceptance by Owner of the preliminary design phase documents Design/Builder shall: 1. On the basis of the accepted Preliminary Design Phase documents, prepare final Drawings showing the scope, extent, and character of the Construction to be performed and furnished by Design/Builder and Specifications (which will be prepared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute); 2. Provide technical criteria, written descriptions and design data required for obtaining approvals of such governmental authorities as have jurisdiction to review or approve the final design of the Project, and assist Owner in consultations with appropriate authorities; 3. Furnish the above documents, Drawings, and Specifications to and review them with Owner within the times indicated in the schedules described in paragraphs 2.06.A.1 and 2.06.A.2; and 4. Identify any deviations from other Contract Documents in accordance with paragraph 6.17.B. 6.02 Supervision and Superintendence of Construction A. Design/Builder shall supervise, inspect and direct the Construction competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to provide the Construction in accordance with the Contract Documents. Design/Builder shall be solely responsible for the means, methods, techniques, sequences and procedures of Construction. Design/Builder shall be responsible to see that the completed Construction complies accurately with the Contract Documents and shall keep Owner advised as to the quality and progress of the Construction. B. At all times during the progress of Construction, the Design/Builder shall assign a competent resident superintendent thereto, who shall not be replaced without written notice to Owner except under extraordinary circumstances. The superintendent will be Design/Builder's representative at the Site and shall have authority to act on behalf of Design/Builder. All communications given to or received from the superintendent shall be binding on Design/Builder. 6.03 Labor, Working Hours A. Design/Builder shall provide competent, suitably qualified personnel to perform the Work as required EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 16 satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 6.05 Progress Schedule A. Design/Builder shall adhere to the progress schedule established in accordance with paragraph 2.06.A as it may be adjusted from time to time as provided below: 1. Design/Builder shall submit to Owner for acceptance proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect, and will comply with any provisions of the Contract Documents applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 11.02. Such adjustments may only be made by a Change Order or . 6.06 Concerning Subcontractors, Suppliers, and Others A. Design/Builder shall not employ any Subcontractor, Supplier, or other individual or entity against whom Owner may have reasonable objection. Design/Builder shall not be required to employ any Subcontractor, Supplier or other individual or entity to furnish or perform any of the Work against whom Design/Builder has reasonable objection. Design/Builder shall perform not less than 20 percent of the Work with its own forces (that is, without subcontracting). The 20 percent requirement shall refer to the Work the value of which totals not less than 20 percent of the Contract Price. B. Design/Builder shall be fully responsible to Owner for all acts and omissions of the Subcontractors, Suppliers and other individuals or entities performing or furnishing any of the Work just as Design/Builder is responsible for Design/Builder's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner and any such Subcontractor, Supplier, or other individual or entity, nor shall it create any obligation on the part of Owner to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws or Regulations. C. Design/Builder shall be solely responsible for scheduling and coordinating Subcontractors, Suppliers and other individuals and entities performing or furnishing any of the Work under a direct or indirect contract with Design/Builder. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Design/Builder in dividing the Work among Subcontractors and Suppliers or delineating the Work to be performed by any specific trade. D. Design/Builder shall require all Subcontractors, Suppliers and such other individuals and EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 17 infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not identified in the Conceptual Documents. C. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder and its officers, directors, partners, employees or agents, Subcontractors and Suppliers from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device required by the Conceptual Documents. 6.08 Permits A. Unless otherwise provided in the Contract Documents, Design/Builder shall obtain and pay for all necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Work. Owner shall assist Design/Builder, when necessary, in obtaining such permits, licenses and approvals. Design/Builder shall pay all governmental charges and inspection fees necessary for the performance of the Work, which are applicable on the last day for receipt of Proposals or on the effective date of the Agreement. Design/Builder shall pay all charges of utility owners for connections to the Work, and Design/Builder shall pay fees as provided in the Supplemental Conditions. Owner shall pay all charges of such utility owners for capital costs related thereto. 6.09 Laws or Regulations A. Design/Builder shall give all notices required by and comply with all Laws or Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Design/Builder's compliance with any Laws or Regulations. B. If Design/Builder performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Design/Builder shall bear all costs arising therefrom. C. Changes in Laws or Regulations not known on the date of receipt of Proposals having an effect on the cost or time of performance may be the subject of a change in Contract Price or Contract Times. 6.10 Taxes A. Design/Builder shall pay all sales, consumer, use, and other similar taxes required to be paid by Design/Builder in accordance with the Laws or Regulations of the place of the Project which are applicable during the performance of the Work. B. Owner is exempt from Colorado state and local sales and use taxes on materials to be permanently incorporated into the project. Said taxes shall not be included in the Contract Price. Design/Builder must apply for, and receive, a Certificate of Exemption from the Colorado EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 18 directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim brought by any such owner or occupant against Owner, or any other party indemnified hereunder to the extent caused by or based upon Design/Builder's performance of the Construction. B. Removal of Debris. During the performance of the Construction, Design/Builder shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Construction. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws or Regulations. C. Cleaning. Prior to Substantial Completion, Design/Builder shall clean the Site and make it ready for utilization by Owner. At completion of Construction, Design/Builder shall remove all tools, appliances, construction equipment, temporary construction and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures. Design/Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design/Builder subject any part of the Construction or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Design/Builder shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders and Work Change Directives in good order and annotated to show all changes made during performance of the Work. These record documents together with all approved Submittals will be available to Owner for reference. Upon completion of the Work and prior to release of final payment, these record documents and Submittals, including a reproducible set of record drawings as provided in paragraph 3.05.D, will be delivered to Owner. 6.13 Safety and Protection A. Design/Builder shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Design/Builder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All persons on the Site or who may be affected by the Work; 2. All Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation, or replacement in the course of construction. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 19 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Design/Builder is obligated to act to prevent threatened damage, injury or loss. Design/Builder shall give Owner prompt written notice if Design/Builder believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If a change in the Contract Documents is required because of the action taken by Design/Builder in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Submittals A. Owner will review and approve Submittals in accordance with the schedule of required Submittals accepted by Owner as required by paragraph 2.06.A. Owner's review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the construction, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Owner's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Owner's review and approval of Submittals shall not relieve Design/Builder from responsibility for any variation from the requirements of the Contract Documents unless Design/Builder has in a separate written communication at the time of submission called Owner's attention to each such variation and Owner has given written approval. C. Construction prior to Owner's review and approval of any required Submittal will be at the sole risk of Design/Builder. 6.18 Continuing the Work A. Design/Builder shall continue the Work and adhere to the progress schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as Design/Builder and Owner may otherwise agree in writing. 6.19 Post-Construction Phase A. Design/Builder shall: 1. Provide assistance in connection with the start-up, testing, refining and adjusting of any equipment or system. 2. Assist Owner in training staff to operate and maintain the Work. 3. Assist Owner in developing systems and procedures for control of the operation and maintenance of and record keeping for the Work. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 20 6. Any review and approval of a Submittal; 7. Any inspection, test or approval by others; or 8. Any correction of defective Construction Work by Owner. 6.21 Indemnification A. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultants, and the officers, directors, partners, employees, agents, other consultants and subcontractors of each from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from the performance of Construction the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent and is caused in whole or in part by any negligent act or omission of Design/Builder, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against Owner, Owner's Consultant or any of their respective consultants, agents, officers, directors, partners or employees by any employee (or the survivor or personal representative of such employee) of Design/Builder, any Subcontractor, any Supplier, any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.21.A shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Design/Builder or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts or other employee benefit acts. C. The indemnification obligations of Design/Builder under paragraph 6.21.A shall not extend to the liability of Owner's Consultant, and their officers, directors, partners, employees, agents, other consultants, and subcontractors arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications. 6.22 Survival of Obligations A. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 21 or services that render it unavailable or unsuitable for the proper execution and results of Design/Builder's Work. Design/Builder's failure so to report will constitute an acceptance of such other work as fit and proper for integration with Design/Builder's Work except for latent or nonapparent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. The individual or entity who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 2. The specific matters to be covered by such authority and responsibility will be itemized; and 3. The extent of such authority and responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility in respect of such coordination. ARTICLE 8 – OWNER'S RESPONSIBILITIES 8.01 General A. Owner shall do the following in a timely manner so as not to delay the services of Design/Builder: 1. Designate in writing a person to act as Owner's Representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner’s policies, make decisions with respect to performance of the Work, and shall provide such other services as may be agreed upon; 2. Provide such legal services as Owner may require with regard to legal issues pertaining to the Project including any that may be raised by Design/Builder; 3. If requested in writing by Design/Builder, furnish reasonable evidence satisfactory to Design/Builder that sufficient funds are available and committed for the entire cost of the Project. Unless such reasonable evidence is furnished, Design/Builder is not required to commence or continue any Work, or may, if such evidence is not presented within a reasonable time, stop Work upon 15 days notice to the Owner; 4. Make payments to Design/Builder promptly when they are due as provided in paragraph 13.03 and 13.08; 5. Furnish the Site as set forth in paragraph 4.01.A; 6. Furnish to Design/Builder, as required for performance of Design/Builder's Services the following, all of which Design/Builder may use and rely upon in performing services under this Agreement: a. Environmental assessment and impact statements; b. Property, boundary, easement, right-of- way, topographic, and utility surveys; EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 22 8.03 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Design/Builder's means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Design/Builder to comply with Laws or Regulations applicable to the furnishing or performance of the Work. Owner will not be responsible for Design/Builder's failure to perform the Work in accordance with the Contract Documents. 8.04 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Materials uncovered or revealed at the Site is set forth in paragraph 4.04. 8.05 Resident Project Representation A. Owner may furnish a Resident Project Representative to observe the performance of Construction. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. 8.06 Owner's Consultant A. Owner's Consultant, if any, has no duties, responsibilities, or authorities with respect to Design/Builder, unless so provided in the Supplementary Conditions. ARTICLE 9 – CHANGES IN THE WORK; CLAIMS 9.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work within the general scope of the Contract by a Written Amendment, Change Order or a Work Change Directive. Upon receipt of any such document, Design/Builder shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 9.02 Unauthorized Changes in the Work A. Design/Builder shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Construction as provided in paragraph 12.04. 9.03 Claims A. Notice. If Owner and Design/Builder are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of any order of Owner pursuant to paragraph 9.01.A or other occurrence for which the Contract Documents provide that such adjustment(s) may be made, a Claim may be made therefor. Written notice of intent to make such a Claim shall be submitted to the other party promptly and in no event more than 15 days after the start of the occurrence or event giving rise to the Claim. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 23 Work and adhere to the progress schedule as provided in paragraph 6.18. 9.05 Notice to Sureties A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be Design/Builder's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 9.06 Effect of Change Orders A. By the execution of a Change Order, a Work Change Directive, or Written Agreement, Owner and Design/Builder expressly acknowledge and agree that said Change Order, Work Change Directive, or Written Agreement provides for a fair and equitable adjustment in Contract Price and/or Contact Time for the additions, deletions, or revisions in the Work as authorized by said Change Order, Work Change Directive or Written Agreement. Owner and Design/Builder further expressly acknowledge and agree that claims for adjustments to the Contract Price and/or Contract Time covered by a Change Order, Work Change Directive or Written Agreement are not valid. ARTICLE 10 – COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 10.01 Cost of the Work A. Costs Included. The term Cost of the Work means the sum of all costs necessarily incurred and paid by Design/Builder in the proper performance of the Work. When the value of Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Design/Builder will be only those additional or incremental costs required because of the change of the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 10.01.B: 1. Payroll costs for employees in the direct employ of Design/Builder in the performance of the Work under schedules of job classifications agreed upon by Owner and Design/Builder. a. Such employees shall include without limitation superintendents, foremen, and other personnel employed full-time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, and health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 24 accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following items: a. The proportion of necessary transporta- tion, travel and subsistence expenses of Design/Builder's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the Site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Design/Builder. c. Rentals of all construction or engineering equipment and machinery and the parts thereof whether rented from Design/Builder or others in accordance with rental agreements approved by Owner, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Design/Builder is liable, imposed by Laws or Regulations. e. Deposits lost for causes other than negligence of Design/Builder, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses, damages, and related expenses caused by damage to the Work not compensated by insurance or otherwise, sustained by Design/Builder in connection with the furnishing and performance of the Work (except losses and damages within the deductible amounts of property insurance established by Owner in accordance with Article 5 above) provided they have resulted from causes other than the negligence of Design/Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Design/Builder's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 25 same (except for the cost of premiums covered by paragraph 10.01.A.6.i above). C. Design/Builder's Fee. When all the Work is performed on the basis of cost-plus, Design/Builder's fee shall be as set forth in the Agreement. When the value of the Work covered by a Change Order is determined on the basis of Cost of the Work, Design/Builder's fee shall be determined as set forth in paragraph 11.01.C. D. Documentation. Whenever the cost of any Work is to be determined pursuant to paragraph 10.01.A and 10.01.B, Design/Builder will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Owner an itemized cost breakdown together with supporting data. 10.02 Cash Allowances A. The Contract Price includes all allowances so named in the Contract Documents. Design/Builder shall cause the Work so covered to be performed for such sums as may be acceptable to Owner. Design/Builder agrees that: 1. The allowances include the cost to Design/Builder (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Except as set forth in the Contract Documents, Design/Builder's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Design/Builder on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 10.03 Unit Prices A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all of Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Design/Builder will be made by Owner. B. Each unit price will be deemed to include an amount considered by Design/Builder to be adequate to cover Design/Builder's overhead and profit for each separately identified item. C. Design/Builder or Owner may make a Claim for an adjustment in the Contract Price in accordance with Article 9 if: 1. the quantity of any item of Unit Price Work performed by Design/Builder differs materially and significantly from the estimated quantity of such item EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 26 not necessarily in accordance with paragraph 11.01.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 10.01) plus a Design/Builder's Fee for overhead and profit (determined as provided in paragraph 11.01.C). C. Design/Builder's Fee: The Design/Builder's fee for overhead and profit on Change Orders shall be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under paragraphs 10.01.A.1.a and 10.01.A.2, the Design/Builder's fee shall be 15 three percent; b. For costs incurred under paragraph 10.01.A.3 10.01.A.4, 10.01.A.5 and 10.01.A.6, the Design/Builder's fee shall be five three percent; c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.01.C.1 and 11.01.C.2.a is that the Subcontractor who actually performs or furnishes Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 10.01.A.1 and 10.01.A.2 and that any higher tier Subcontractor and Design/Builder will each be paid a fee of to be negotiated in good faith with Owner but not to exceed five percent of the amount paid to the next lower tier Subcontractor; d. The amount of credit to be allowed by Design/Builder to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Design/Builder's fee by an amount equal to five three percent of such net decrease; and e. When both additions and credits are involved in any one change, the adjustment in Design/Builder's fee shall be computed on the basis of the net change in accordance with paragraphs 11.01.C.2.a through 11.01.C.2.d, inclusive. f. No fee shall be payable on the basis of costs itemized under paragraphs 10.01.A.5, 10.01.A.6, or 10.01.B. 11.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order. Any Claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice pursuant to paragraph 9.03.A. B. Delays Beyond Design/Builder's Control. Where Design/Builder is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of Design/Builder, the Contract Times (or EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 27 Design/Builder’s sole and exclusive remedy for the delays described in this Paragraph 11.02.C. E. Owner and Owner’s Consultant shall not be liable to Design/Builder for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Design/Builder on or in connection with any other project or anticipated project. F. Design/Builder shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Design/Builder. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Design/Builder. ARTICLE 12 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION OR WORK 12.01 Notice of Defects A. Owner shall give Design/Builder prompt written notice of all defective Construction or Work of which Owner has actual knowledge. All defective Construction or Work may be rejected, corrected or accepted as provided in this Article 12. 12.02 Access to Construction A. Owner, Owner's Consultants, other representatives and personnel of Owner, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Site and the Construction at reasonable times for their observation, inspecting, and testing. Design/Builder shall provide them proper and safe conditions for such access and advise them of Design/Builder's Site safety procedures and programs so that they may comply therewith as applicable. 12.03 Tests and Inspections A. If the Contract Documents or Laws or Regulations of any public body having jurisdiction require any part of the Construction Work specifically to be inspected, tested or approved, Design/Builder shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish Owner the required certificates of inspection or approval. Design/ Builder shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs, or equipment submitted for approval prior to Design/Builder's purchase thereof for incorporation in the Work. B. Design/Builder shall give Owner reasonable notice of the planned schedule for all required inspections, tests, or approvals. C. If any Construction (or the construction work of others) that is required to be inspected, tested, or approved is covered by Design/Builder without written concurrence of Owner, it must, if requested by Owner, be uncovered for observation at Design/Builder's expense unless Design/ Builder has given Owner timely notice of Design/Builder's EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 28 12.05 Owner May Stop Construction or Work A. If Construction or Work is defective, or Design/Builder fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform Construction or Work in such a way that the completed Construction Work will conform to the Contract Documents, Owner may order Design/Builder to stop Construction or Work or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop Construction will not give rise to any duty on the part of Owner to exercise this right for the benefit of Design/Builder or any surety or other party. 12.06 Correction or Removal of Defective Construction or Work A. Owner will have authority to disapprove or reject defective Construction or Work and will have authority to require special inspection or testing of the Construction or Work whether or not the Construction or Work is fabricated, installed or completed. If required by Owner, Design/Builder shall promptly, as directed, either correct all defective Construction or Work, whether or not fabricated, installed or completed, or, if the Construction or Work has been rejected by Owner, remove it from the Site and replace it with non- defective Construction or Work. Design/Builder shall bear all direct, indirect, and consequential costs of such correction, replacement and/or removal (including but not limited to all claims, costs, losses and damages caused by, arising out of, or resulting from such correction, replacement, and/or removal, and fees and charges of engineers, architects, attorneys and other professionals and all court, arbitration, or other dispute resolution costs) arising out of or relating to such correction or removal.) 12.07 Correction Period A. If within one year after the date of Substantial Completion of the entire Work or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Construction or Work is found to be defective, Design/Builder shall promptly, without cost to Owner and in accordance with Owner's written instructions, (i) correct such defective Construction or Work, or, if it has been rejected by Owner, remove it from the Site and replace it with Construction or Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Construction or Work or the work of others resulting therefrom. If Design/Builder does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Construction or Work corrected or the rejected Construction or Work removed and replaced, and all claims, costs, losses, and damages caused by, arising out of, or resulting from such removal and replacement (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 29 may exclude Design/Builder from all or part of the Site, take possession of all or part of the Construction or Work, and suspend Design/Builder's services related thereto, take possession of Design/Builder's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Construction or Work all materials and equipment stored at the Site or for which Owner has paid Design/Builder but which are stored elsewhere. Design/Builder shall allow Owner, Owner's Consultant, Owner's representatives, agents, employees, and other contractors access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages (included but not limited to fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs and all costs of repair or replacement of work of others) incurred or sustained by Owner in exercising such rights and remedies under this paragraph 12.09 will be charged against Design/Builder and a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. D. Design/Builder shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this paragraph 12.09. 12.10 No limitation A. Nothing contained in this Article 12 shall be construed to establish a period of limitation with respect to other obligations which the Design/Builder might have under the Contract Documents. Establishment of the time period of one year as described in Section 12.07 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder’s liability with respect to the Design/Builder’s obligations other than specifically to correct the Work. ARTICLE 13 – PAYMENTS TO DESIGN/BUILDER AND COMPLETION 13.01 Schedule of Values A. The Schedule of Values established as provided in paragraph 2.06.A will serve as the basis for progress payments. Progress payments on account of Unit Price Work will be based on the number of units completed. 13.02 Application for Progress Payment A. On or about the date established in the Agreement for submission of each application for progress payment (but not more often than once a month), Design/Builder shall submit to Owner for review an Application for Payment filled out and signed by Design/Builder covering the Work completed as of the date indicated on the Application and accompanied by supporting EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 30 as provided in paragraph 13.03.B and as otherwise provided in the Contract Documents, then Design/Builder may, at any time thereafter, upon serving written notice that he will stop the Work within seven days after receipt of the notice by Owner, and after such seven day period, stop the Work until payment of the amount owing has been received. Written notice shall be deemed to have been duly served if sent by certified mail to the last known business address of Owner. 3. Payments due but unpaid shall bear interest at the rate specified in the Agreement. 4. No Progress Payment nor any partial or entire use or occupancy of the Project by Owner shall constitute an acceptance of any Work not in accordance with the Contract Documents. B. Reduction in or Refusal to Make Payment. Owner may refuse to make the whole or any part of any such payment, or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any previous payment, to the extent that is reasonably necessary to protect Owner from loss because: 1. the Construction or Work is defective, or completed Construction or Work has been damaged requiring correction or replacement; or 2. the Contract Price has been reduced by Change Order; or 3. Owner has been required to correct defective Construction or complete Work in accordance with paragraph 12.09.A; or 4. Owner has actual knowledge of the occurrence of any of the events enumerated in paragraphs 13.03.B.1 through 13.03.B.3 inclusive, or paragraphs 14.02.A.1 through 14.02.A.3 inclusive; or 5. Claims have been made against Owner on account of Design/Builder's performance or furnishing of the Work; or 6. Liens have been filed in connection with the Work, except where Design/Builder has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or 7. There are other items entitling Owner to a set off against the amount for which application is made. C. If Owner refuses to make payment of the full amount requested by Design/Builder, Owner must give Design/Builder immediate written notice stating the reasons for such action and promptly pay Design/Builder any amount remaining after deduction of the amount withheld. Owner shall promptly pay Design/Builder the amount withheld or any adjustment thereto agreed to when Design/Builder corrects to Owner’s satisfaction the reason for such action. 13.04 Design/Builder's Warranty of Title A. Design/Builder warrants and guarantees that title to all Construction, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 13.05 Substantial Completion EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 31 occupy any such part of the Construction which Owner believes to be ready for its intended use and substantially complete. If Design/Builder agrees that such part of the Work is substantially complete, Design/Builder will certify to Owner that such part of the Construction is substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Construction. Design/Builder at any time may notify Owner in writing that Design/Builder considers any such part of the Work ready for its intended use and substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner and Design/Builder shall make an inspection of that part of the Work to determine its status of completion. If Owner does not consider that part of the Work to be substantially complete, Owner will notify Design/Builder in writing giving the reasons therefor. If Owner considers that part of the Work to be substantially complete, the provisions of paragraph 13.05 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No use or occupancy of part of the Construction will be accomplished prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 13.07 Final Inspection A. Upon written notice from Design/Builder that the entire Work or an agreed portion thereof is complete, Owner will make a final inspection with Design/Builder and will notify Design/Builder in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Design/Builder shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 13.08 Final Payment A. Application for Payment. 1. After Design/Builder has completed all such corrections to the satisfaction of Owner and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance, certificates of inspection, record documents (as provided in paragraph 6.12) and other documents, Design/Builder may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (unless previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by paragraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. 3. In lieu of such releases or waivers of Liens EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 32 shall be submitted by Design/Builder to Owner with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 13.10 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. A waiver of all Claims by Owner against Design/Builder, except Claims arising from unsettled Liens, from defective Construction appearing after final inspection pursuant to paragraph 13.07, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Design/Builder's continuing obligations under the Contract Documents; and 2. A waiver of all Claims by Design/Builder against Owner other than those previously made in writing and still unsettled. ARTICLE 14 – SUSPENSION OF WORK AND TERMINATION 14.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 days by notice in writing to Design/Builder which will fix the date on which Work will be resumed. Design/Builder shall resume the Work on the date so fixed. Design/Builder shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Design/Builder makes a Claim therefor as provided in Article 9. 14.02 Owner May Terminate for Cause A. Upon Tthe occurrence of any one or more of the following events justifies termination for cause Owner may terminate this Agreement as provided herein: 1. Design/Builder's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.06.A as adjusted from time to time pursuant to paragraph 6.05). 2. Design/Builder's disregard of Laws or Regulations of any public body having jurisdiction. 3. Design/Builder's violation in any substantial way of provisions of the Contract Documents. B. If one or more of the events identified in paragraph 14.02.A occur, Owner may, after giving Design/Builder (and the surety, if any) seven days' written notice, terminate the services of Design/Builder, take possession of any completed Drawings and Specifications prepared by or for Design/Builder (subject to the indemnification provisions of paragraph 3.05.A), exclude Design/Builder from the Site, and take possession of the Work and of all Design/Builder's tools, appliances, construction equipment and machinery at the Site and use the same to the full extent they could be used by Design/Builder (without liability to Design/Builder for trespass or conversion), EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 33 1. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. Amounts paid in settlement of terminated contracts with Subcontractors, Suppliers and others (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs incurred in connection with termination of contracts with Subcontractors, Suppliers and others); and 4. Reasonable expenses directly attributable to termination. B. Except as provided in paragraph 14.03.C, Design/Builder shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 14.04 Design/Builder May Stop Work or Terminate A. If, through no act or fault of Design/Builder, the Work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority, or Owner fails to act on any Application for Payment within thirty days after it is submitted or Owner fails for thirty days to pay Design/Builder any sum finally determined to be due, then Design/Builder may, upon seven days' written notice to Owner, and provided Owner does not remedy such suspension or failure within that time, terminate the Agreement and recover from Owner payment on the same terms as provided in paragraph 14.03.A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if Owner has failed for 30 days to pay Design/Builder any sum finally determined to be due, Design/Builder may upon seven days' written notice to Owner stop the Work until payment is made of all such amounts due Design/Builder, including interest thereon. The provisions of this paragraph 14.04.A are not intended to preclude Design/Builder from making Claim under Article 9 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Design/Builder's stopping Work as permitted by this paragraph. ARTICLE 15 – DISPUTE RESOLUTION 15.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no such method and procedure has been set forth, Owner and Design/Builder may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 16 – MISCELLANEOUS 16.01 Giving Notice A. Whenever any provision of the Contract EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 34 16.04 Survival of Obligations A. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Contract. 16.05 Controlling Law A. The Contract Documents will be construed in accordance with the law of the place of the Project. The laws of the State of Colorado shall apply to this Agreement, including but not limited to the following pertinent Colorado statutes: 1. Colorado Revised Statutes (CRS 8-17-101) requires that Colorado labor be employed to perform the work to the extent of not less than 80 percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on the project. Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of employment, without discrimination as to race, color, creed, age, religion or sex. 2. If a claim is filed, Owner is required by law (CRS 38-26-107) to withhold from all payments to Design/Builder sufficient funds to insure the payment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by Design/Builder or his Subcontractors in or about the performance of the work. Such funds must be withheld until said claims have been paid or such claims as filed have been withdrawn, such payment or withdrawn to be evidenced by filing with Owner a receipt in full or an order for withdrawal in writing and signed by the person filing such a claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than ninety (90) days following the date fixed for final settlement, as published in a public newspaper in accordance with the law, unless an action is commenced within that time to enforce such unpaid claim and a notice of lis pendens is filled with the Owner. At the expiration of such ninety (90) day period, Owner shall pay to Design/Builder such moneys and funds as are not the subject of suit and lis pendens notices, and shall retain only sufficient funds to insure the payment of judgments which may result from the suit. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 81 of 81 Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified mail, postage prepaid, to the last business address known to the giver of the notice. 16.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 16.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by: 1. Laws or Regulations; or 2. any special warranty or guarantee; or 3. other provisions of the Contract Documents. B. The provisions of paragraph 16.03.A will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 80 of 81 incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Design/Builder but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Design/Builder shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by Owner arising out of or resulting from completing the Work (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) such excess will be paid to Design/Builder. If such claims, costs, losses and damages exceed such unpaid balance, Design/Builder shall pay the difference to Owner. Such claims, costs, losses and damages incurred by Owner will be incorporated in a Change Order. When exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest price for the Work performed. C. Notwithstanding paragraph 14.02.B, Design/ Builder's services will not be terminated if Design/Builder begins, within seven days of receipt of notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Design/Builder's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Design/Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Design/Builder by Owner will not release Design/Builder from liability. 14.03 Owner May Terminate for Convenience A. Upon seven days' written notice to Design/Builder, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Contract. In such case, Design/Builder shall be paid (without duplication of any items) for: 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 79 of 81 specified in paragraph 13.08.A.2 and as approved by Owner, Design/Builder may furnish receipts or releases in full and an affidavit of Design/Builder that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Design/Builder may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 4. Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the Owner’s standard forms bound in the Project manual. B. Final Payment and Acceptance. If Owner is satisfied that the Work has been completed and Design/Builder's other obligations under the Contract Documents have been fulfilled, Owner will, within ten days after receipt of the final Application for Payment, give written notice to Design/Builder that the Work is acceptable. Otherwise, Owner will return the Application to Design/Builder, indicating in writing the reasons for refusing to process final payment, in which case Design/Builder shall make the necessary corrections and resubmit the Application. C. Payment Becomes Due. Thirty days after the presentation to Owner of the acceptable Application and accompanying documentation, in appropriate form and substance and with Owner's notice of acceptability, the amount will become due and will be paid by Owner to Design/Builder, subject to paragraph 16.05.B of these General Conditions. 13.09 Final Completion Delayed A. If, through no fault of Design/Builder, final completion of the Work is significantly delayed, Owner shall, upon receipt of Design/Builder's final Application for Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01.A, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 78 of 81 A. When Design/Builder considers the Work ready for its intended use Design/Builder shall notify Owner in writing that the Work is substantially complete (except for items specifically listed by Design/Builder as incomplete) and request that Owner issue a certificate of Substantial Completion. Promptly thereafter, Owner and Design/Builder shall make an inspection of the Work to determine the status of completion. If Owner does not consider the Work substantially complete, Owner will notify Design/Builder in writing giving the reasons therefor. If Owner considers the Work substantially complete, Owner will prepare and deliver to Design/Builder a certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a list of items to be completed or corrected before final payment. At the time of delivery of the certificate of Substantial Completion Owner will deliver to Design/Builder a written determination as to division of responsibilities pending final payment between Owner and Design/Builder with respect to security, operation, safety, protection of Construction, maintenance, heat, utilities, insurance and warranties and guarantees. B. Owner will have the right to exclude Design/Builder from the Site after the date of Substantial Completion, but Owner will allow Design/Builder reasonable access to complete or correct items on the list of items to be completed. 13.06 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Construction which (i) has specifically been identified in the Contract Documents, or (ii) Owner and Design/Builder agree constitute a separately functioning and usable part of the Construction that can be used by Owner for its intended purpose without significant interference with Design/ Builder's performance of the remainder of the Construction, subject to the following: 1. Owner at any time may request Design/Builder in writing to permit Owner to use or 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 77 of 81 documentation as required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance provided by Design/Builder and other arrangements to protect Owner's interest therein, all of which will be satisfactory to Owner. B. Beginning with the second Application for Payment, each Application shall include an affidavit of Design/Builder stating that all previous progress payments received on account of the Work have been applied on account to discharge Design/Builder's legitimate obligations associated with prior Applications for Payment. C. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. D. Any funds that are withheld by Owner shall not be subject to substitution by Design/Builder with securities or any arrangements involving an escrow or custodianship. By executing the Application for Payment form, Design/Builder expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, et seq. 13.03 Review of Applications for Progress Payments A. Procedure. Progress payments shall be made by the Owner to the Design/Builder according to the following procedure: 1. Owner will, within ten days of receipt of each Application for Payment, either indicate in writing its acceptance of the Application and state that the Application is being processed for payment, or return the Application to Design/Builder indicating in writing its reasons for refusing to accept the Application. Not more than ten days after accepting such Application the amount will become due and when due will be paid by Owner to Design/Builder. 2. If Owner should fail to pay Design/Builder at the time the payment of any amount becomes due, except 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 76 of 81 Design/Builder. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Conceptual Documents. C. Where defective Construction or Work (and damage to other Construction or Work resulting therefrom) has been corrected, removed or replaced under this paragraph 12.07, the correction period hereunder with respect to such Construction or Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 12.08 Acceptance of Defective Construction or Work A. If, instead of requiring correction or removal and replacement of defective Construction or Work, Owner prefers to accept it, Owner may do so. Design/Builder shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Construction or Work. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price reflecting the diminished value of the Construction or Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. If the acceptance occurs after final payment, an appropriate amount will be paid by Design/Builder to Owner. 12.09 Owner May Correct Defective Construction or Work A. If Design/Builder fails within a reasonable time after written notice from Owner to correct defective Construction or Work or to remove and replace rejected Construction or Work as required by Owner in accordance with paragraphs 12.06.A or 12.07.A, or if Design/Builder fails to perform the Construction or Work in accordance with the Contract Documents, or if Design/Builder fails to comply with any other provision of the Contract Documents, Owner may, after seven days' written notice to Design/Builder, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph 12.09 Owner shall proceed expeditiously. In connection with such corrective and remedial action, Owner 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 75 of 81 intention to cover the same and Owner has not acted with reasonable promptness in response to such notice. D. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except (i) for inspections, tests, or approvals covered by paragraph 12.03.A above; (ii) costs incurred in connection with tests or inspections conducted pursuant to paragraph 12.04.B below shall be paid as provided in said paragraph 12.04.B; and (iii) as otherwise specifically provided in the Contract Documents. 12.04 Uncovering Construction A. If any Construction is covered contrary to the written request of Owner, it must, if requested by Owner, be uncovered for Owner's observation and recovered at Design/Builder's expense. B. If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by others, Design/Builder, at Owner's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Owner may require, that portion of the Construction in question, furnishing all necessary labor, material and equipment. If it is found that such Construction is defective, Design/Builder shall pay all claims, costs, losses and damages caused by, arising out of, or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. If, however, such Construction is not found to be defective, Design/Builder shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Design/Builder may make a Claim therefor as provided in Article 9. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 74 of 81 Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 11.02.A. Delays beyond the control of Design/Builder shall include, but not be limited to, acts or neglect by Owner, governmental agencies, acts or neglect of utility owners or other contractors performing other construction work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. C. If Owner or other contractor or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Design/Builder shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Design/Builder’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Design/Builder’s ability to complete the Work within the Contract Times. D. If Design/Builder is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Design/Builder, then Design/Builder shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Design/Builder’s ability to complete the Work within the Contract Times. Such an adjustment shall be 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 73 of 81 indicated in the Contract Documents; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Design/Builder believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes it is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. D. Design/Builder acknowledges that Owner has the right to add or delete items of the Work or change quantities at Owner’s sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the estimated quantity of the item. ARTICLE 11 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 11.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the Claim to the other party promptly in accordance with paragraph 9.03.A. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 10.03); or 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 72 of 81 connection with the Work. i. Cost of premiums for all Bonds and insurance Design/Builder is required by the Contract Documents to purchase and maintain. B. Costs Excluded. The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Design/Builder's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Design/Builder whether at the Site or in Design/Builder's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 10.01.A.1, all of which are to be considered administrative costs covered by the Design/Builder's fee. 2. Expenses of Design/Builder's principal and branch offices other than Design/Builder's office at the Site. 3. Any part of Design/Builder's capital expenses, including interest on Design/Builder's capital employed for the Work and charges against Design/Builder for delinquent payments. 4. Costs due to the negligence of Design/Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 10.01.A. 6. Cost of premiums for all Bonds and for all insurance whether or not Design/Builder is required by the Contract Documents to purchase and maintain the 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 71 of 81 Saturday, Sunday or lLegal hHolidays, shall be included in the above to the extent authorized by Owner. b. Such employees shall also include engineers, engineering technicians, architects, and others providing Design Professional Services. For purposes of this paragraph 10.01.A.1, Design/Builder shall be entitled to payment for such employees an amount equal to salary costs times a factor, both as designated in the Agreement, for all services performed or furnished by such employees engaged on the Project. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Design/Builder unless Owner deposits funds with Design/Builder with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Design/Builder shall make provisions so that they may be obtained. 3. Payments made by Design/Builder to Subcontractors (excluding payments for Design Professional Services pursuant to paragraph 10.01.A.4) for Work performed or furnished by Subcontractors. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Design/Builder's Cost of the Work and fee. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 4. Payments made by Design/Builder for Design Professional Services provided or furnished under a Design Subagreement. 5. Costs of special consultants (including but not limited to testing laboratories, surveyors, attorneys, and 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 70 of 81 B. Documentation. Substantiating documentation shall be submitted by the claiming party within 30 days after delivery of the notice required by paragraph 9.03.A. C. Decision. The other party shall render a decision on the Claim no more than 30 days after the receipt of the substantiating documentation required by paragraph 9.03.B. This decision will be final and binding unless the claiming party gives notice of intention to exercise its rights under Article 15 within 30 days of receipt of the decision and exercises such rights within 30 days of giving the notice of intent. D. Time Limit Extension. The time limits of paragraphs 9.03.B and 9.03.C may be extended by mutual agreement. 9.04 Execution of Change Orders A. Owner and Design/Builder shall execute appropriate Change Orders covering: 1. Changes in the Work which are (i) ordered by Owner pursuant to paragraph 9.01, (ii) required because of acceptance of defective Construction or Work under paragraph 12.08 or Owner's correction of defective Construction or Work under paragraph 12.09 or (iii) agreed to by the parties; and 2. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive.; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Design/Builder shall carry on the 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 69 of 81 c. Property descriptions; d. Zoning, deed, and other land use re- strictions; e. Engineering surveys to establish reference points for design and construction which in Owner's judgment are necessary to enable Design/Builder to proceed with the Work; f. Assistance to Design/Builder in filing documents required to obtain necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Project; g. Permits, licenses, and approvals of government authorities Owner is specifically required to obtain by the Contract Documents; and h. All subsurface data at or contiguous to the Site which Owner may have obtained. 7. Review Submittals subject to Owner review pursuant to paragraph 6.17.A; and 8. Provide information known to or in the possession of Owner relating to the presence of materials and substances at the Site which could create a Hazardous Environmental Condition. 8.02 Insurance A. Owner's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in Article 5. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 68 of 81 ARTICLE 7 – OTHER CONSTRUCTION 7.01 Related Work at Site A. Owner may perform other Work related to the Project at the Site by Owner's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. Written notice thereof will be given to Design/Builder prior to starting any such other work; and 2. Design/Builder may make a Claim therefor as provided in Article 9 if Design/Builder believes that such performance will involve additional expense to Design/Builder or requires additional time and the parties are unable to agree as to the amount or extent thereof. B. Design/Builder shall afford each other contractor who is a party to such a direct contract and each utility owner (and Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, Design/Builder shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Design/Builder shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Owner and the others whose work will be affected. The duties and responsibilities of Design/Builder under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Design/Builder in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Design/Builder's Work depends upon work performed or services provided by others under this Article 7, Design/Builder shall inspect such other work and appropriate instruments of service and promptly report to Owner in writing any delays, defects or deficiencies in such other work 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 67 of 81 6.20 Design/Builder's General Warranty and Guarantee A. Design/Builder warrants and guarantees to Owner that all Construction Work will be in accordance with the Contract Documents and will not be defective. Design/Builder's warranty and guarantee hereunder excludes defects or damage caused by: 1. Abuse, modification or improper maintenance or operation by persons other than Design/Builder, Subcontractors, or Suppliers or any other individual for whom Design/Builder is responsible, unless such abuse, modification, or improper maintenance or operation was permitted by or could reasonably have been prevented by Design/Builder, Subcontractors or Suppliers; or 2. Normal wear and tear under normal usage. B. Design/Builder's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Design/Builder's obligation to perform the Work in accordance with the Contract Documents: 1. Observations by Owner; 2. The making of any progress or final payment; 3. The issuance of a certificate of Substantial Completion or any payment by Owner to Design/Builder under the Contract Documents; 4. Use or occupancy of the Work or any part thereof by Owner; 5. Any acceptance by Owner or any failure to do so; 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 66 of 81 B. Design/Builder shall comply with applicable Laws or Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Design/Builder shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Design/Builder, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Design/Builder. D. Design/Builder's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed and Owner has issued a notice to Design/Builder in accordance with paragraph 13.08.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Design/Builder shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Design/Builder shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 65 of 81 Department of Revenue for construction materials to be physically incorporated into the project. This Certification of Exemption provides that the Design/Builder shall neither pay nor include in his Proposal, sales and use taxes on those building and construction materials physically incorporated into the project. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, CO 80261 C. Sales and use taxes for the State of Colorado, Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable sales and use taxes (including State collected taxes) on any items other than construction and building materials physically incorporated into the project are to be paid by Design/Builder and are to be included in appropriate Work items. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas. 1. Design/Builder shall confine construction equipment, the storage of materials and equipment, and the operations of construction workers to the Site and other areas permitted by Laws or Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Design/Builder shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of Work, Design/Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultants and anyone 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 64 of 81 entities performing or furnishing any of the Work to communicate with the Owner through Design/Builder. E. All Work performed for Design/Builder by a Subcontractor or Supplier will be pursuant to an appropriate Design Subagreement or Construction Subagreement between Design/Builder and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the Design/Builder and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Design/Builder, Owner's Consultant, and all other additional insureds (and their officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Design/Builder will obtain the same. 6.07 Patent Fees and Royalties A. Design/Builder shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Conceptual Documents for use in the performance of the Construction and if to the actual knowledge of Owner its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Conceptual Documents. B. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner and Owner’s Consultant, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from any 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 63 of 81 by the Contract Documents. Design/Builder shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Construction at the Site shall be performed during rRegular wWorking hHours, and Design/Builder will not permit overtime work or the performance of Construction on Saturday, Sunday or any lLegal hHoliday without Owner's written consent, which will not be unreasonably withheld. Design/Builder shall submit requests to Owner no less than 48 hours in advance of any Work to be performed on Saturday, Sunday, Legal Holidays, or outside Regular Working Hours. 6.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Design/Builder shall furnish or cause to be furnished and assume full responsibility for materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the Work. 1. Purchasing Restrictions: Design/Builder must comply with the City’s purchasing restrictions. Copies of the resolution(s) are available for review in the offices of the Purchasing and Risk Management Division or the city Clerk’s office. 2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of Owner. If reasonably required by Owner, Design/Builder shall furnish 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 62 of 81 Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurance A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 13.06, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 – DESIGN/BUILDER'S RESPONSIBILITIES 6.01 Design Professional Services A. Standard of Care. The standard of care for Design Professional Services performed or furnished under this Agreement will be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality. B. Preliminary Design Phase. After the Contract Times commence to run, Design/Builder shall: 1. Consult with Owner to understand Owner's requirements for the Project and review available data; 2. Advise Owner as to the necessity of Owner's providing or obtaining from others additional reports, data, or services of the types provided in paragraph 8.01.A.6.a-g and assist Owner in obtaining such reports, data, or services; 3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by Design/Builder with whom consultation is to be undertaken in connection with the Project; 4. Obtain such additional geotechnical and related information which it deems necessary for performance of the Work; 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 61 of 81 insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Design/Builder intend that all policies purchased in accordance with paragraph 5.06 will protect Owner, Owner's Consultant, Design/Builder, Subcontractors, Suppliers, and all other individuals or entities indicated in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Design/Builder waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Owner's Consultant, Subcontractors, Suppliers, and all other individuals or entities indicated in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Design/Builder, Subcontractors, and Suppliers and the officers, directors, employees and agents of any of them for: 1. Loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property caused by, arising out of or resulting from fire or other peril whether or not insured by Owner; and 2. Loss or damage to the completed Project or any part thereof caused by, arising out of. or resulting from fire or other insured peril or cause or loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to paragraph 13.06, after Substantial 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 60 of 81 and any such additional insured of continuation of such insurance at final payment and one year thereafter). C. Design/Builder’s Professional Liability Errors & Omissions Insurance. Design/Builder shall purchase and maintain such Professional Liability Errors & Omissions insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims which may arise out of or result from Design/Builder’s performance and furnishing of the Work and Design/Builder’s other obligations under the Contract Documents, whether it is to be performed or furnished by Design/Builder, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Design/Builder under paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Builders Risk Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Construction at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws or Regulations). This insurance will: 1. Include the interests of Owner, Owner's Consultant, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. Be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Construction, temporary buildings, falsework and all materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 59 of 81 Design/Builder's performance of the Work and Design/Builder's other obligations under the Contract Documents, whether it is to be performed by Design/Builder, any Subcontractor or Supplier or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. Claims under workers' compensation, disability benefits and other similar employee benefit acts; 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Design/Builder's employees; 3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Design/Builder's employees; 4. Claims for damages insured by reasonably available personal injury liability coverage which are sustained (i) by any person as a result of an offense directly or indirectly related to the employment of such person by Design/Builder, or (ii) by any other person for any other reason; 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by paragraph 5.04.A shall: 1. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, 5.04 B.3 and 5.04.C (subject to any customary exclusion in respect of professional liability) include as additional insureds Owner and Owner's Consultants and any other persons or entities indicated in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 58 of 81 such special conditions under which Construction is agreed to be resumed by Design/Builder, either party may make a Claim therefor as provided in Article 9. D. If after receipt of such special written notice Design/Builder does not agree to resume Construction based on a reasonable belief it is unsafe, or does not agree to resume such Construction under such special conditions, then Owner may order such portion of the Work that is related to such Hazardous Environmental Condition to be deleted from the Work. If Owner and Design/Builder cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Article 9. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. E. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder, Subcontractors, Suppliers and the officers, directors, partners, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from such Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Contract Documents to be included in the scope of the Work, and (iii) was not created by Design/Builder or by anyone for whom Design/Builder is responsible. Nothing in this paragraph 4.04.E shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. F. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultant and the officers, directors, partners, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from such Hazardous Environmental Condition created by Design/Builder or anyone for whom Design/Builder is responsible. Nothing in this paragraph 4.04.F shall obligate Design/Builder to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. ARTICLE 5 – BONDS AND INSURANCE 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 57 of 81 responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities during construction, and d. the safety and protection of all Underground Facilities as provided in paragraph 6.13 and repairing any damage thereto resulting from the Work. 2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, Design/Builder shall, immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16), identify the owner of such Underground Facility and give written notice to that owner and to Owner. Owner will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If Owner concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 9 to reflect and document such consequences. During such time, Design/Builder shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.12. Design/Builder may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that Design/Builder did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Design/Builder are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, Design/Builder may make a claim therefor as provided in Articles 10 and 11. However, Owner shall not be liable to Design/Builder for any claims, costs, losses or damages incurred or sustained by Design/Builder on or in connection with any other project or anticipated project. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 56 of 81 Owner, with respect to: (i) the completeness of such reports and drawings for Design/Builder’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Design/Builder and safety precautions and programs incident thereto, or (ii) other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or (iii) any Design/Builder interpretation of or conclusion drawn from any “technical data” or any such data, interpretations, opinions or information. C. Notice of Differing Subsurface or Physical Conditions: If Design/Builder believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Design/Builder is entitled to rely as provided in paragraphs 4.02.A and 4.02.B is materially inaccurate, or 2. is of such a nature as to require a change in the Contract Documents, or 3. differs materially from that shown or indicated in the Contract Documents, or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; or 5. is of such a nature as to reasonably be suspected of containing or constituting Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material, or such other substances or materials that may result in significant damage or injury or require compliance with specifically applicable regulatory requirements, unless confirmation of the absence of such condition has previously been provided; then Design/Builder shall, immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.16), notify Owner in writing about such condition. Design/Builder shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. D. Owner's Review: Owner will promptly review the pertinent conditions and determine the necessity of obtaining additional exploration or tests with respect thereto. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 55 of 81 B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; DIFFERING SITE SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Design/Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site which Design/Builder will have to comply in performing the Work. Unless otherwise provided in the Contract Documents, Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Design/Builder and Owner are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in Owner's furnishing the Site, Design/Builder may make a Claim therefor as provided in Article 9. B. Upon reasonable written request, Owner shall furnish Design/Builder with a current statement of record legal title and legal description of the lands upon which the Construction is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws or Regulations. C. Design/Builder shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Differing Site Conditions Subsurface and Physical Conditions 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 54 of 81 Owner for failure to report any such conflict, error, ambiguity, or discrepancy unless Design/Builder knew or reasonably should have known thereof. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 1. Owner's approval of required Submittals (pursuant to paragraph 6.17.B); 2. A Work Change Directive; 3. A Change Order; 4. A Field Order; 5. A formal Written Amendment. 3.05 Reuse of Documents Use of Design Materials A. All documents including Drawings and Specifications prepared or furnished by Design/Builder pursuant to this Agreement are for Design/Builder's own use, and Design/Builder shall retain an ownership and property interest therein whether or not the Project is completed. Owner may make and retain copies for information and reference in connection with the use and occupancy of the Project by Owner and others. However, such documents are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse or any continued use after any termination without written verification or adaptation by Design/Builder for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Design/Builder and Owner shall indemnify and hold harmless Design/Builder and Subcontractors from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Design/Builder to further compensation at rates to be agreed upon by Owner and Design/Builder. The Owner shall have unlimited rights to copy and use in connection with the Project all Design Materials, including the right to use same on the Project at no additional cost to the Owner, regardless of degree of completion, provided that said services performed have been fully paid for as required by the terms of this Agreement. The Design/Builder agrees to and does herby grant to the Owner and any assignee or successor of the Owner as owner of the 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 53 of 81 B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be designed and constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for at no additional cost to Owner. C. Whenever in the Contract Documents the terms “as ordered”, “as directed”, “as required”, “as approved” or terms of like effect or import are used, or the adjectives “reasonable”, “suitable”, “acceptable”, “proper” or “satisfactory” or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of Owner as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Owner any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to any provision of the Contract Documents. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws or Regulations. 1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code, or Laws or Regulations in effect on the last day for receipt of Proposals except as may be otherwise specifically stated in the Contract Documents. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 52 of 81 prepared by Owner and check and verify pertinent figures therein and all applicable field measurements. Design/Builder shall promptly report in writing to Owner any conflict, error, ambiguity, or discrepancy which Design/Builder may discover and shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby; however, Design/Builder shall not be liable to Owner for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Design/Builder knew or reasonably should have known thereof. B. Preliminary Schedules: Within 10 days after commencement of the Contract Times (unless otherwise specified in the Contract Documents), Design/Builder shall submit the following to Owner for its timely review: 1. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. A preliminary schedule of Submittals which will list each required Submittal and the times for submitting, reviewing and processing each Submittal; in no case will a schedule be acceptable which allows less than seven (7) calendar days for each review by owner. 3. A preliminary Schedule of Values for all of the Work which will include quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work; and 4. A preliminary cash flow projection estimating that portion of the Contract Price to be due during each month of performance. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 51 of 81 materials or equipment to be incorporated in the Work by Design/Builder or any Subcontractor. 45a. Underground Facilities – All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 46. Unit Price Work – Work to be paid for on the basis of unit prices. 47. Work – The entire construction or the various separately identifiable parts thereof required to be performed or furnished under the Contract Documents. Work includes and is the result of performing or furnishing Design Professional Services and Construction required by the Contract Documents. 48. Work Change Directive – A written directive to Design/Builder, issued on or after the Effective Date of the Agreement and signed by Owner ordering an addition, deletion or revision in the Work, or responding to differing site conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. Intent of Certain Terms or Adjectives: 1. The word “day” shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2. The word “defective,” when modifying the words “Construction” or “Work” refers to Construction or Work that is unsatisfactory, faulty, or deficient in that 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 50 of 81 Design/Builder has entered into the Agreement and for whom the Work is to be performed. 29. Owner's Consultant – An individual or entity with whom the Owner may contract to furnish services to Owner with respect to the Project and who is identified as such in the Supplementary Conditions. 30. Partial Utilization – Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 31. PCBs – Polychlorinated biphenyls. 32. Petroleum – Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Wastes and crude oils. 33. Project – The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 34. Proposal – The documents submitted by Design/Builder in response to the Request for Proposals setting forth the design concepts, proposed prices, and other conditions for the Work to be performed. 35. Radioactive Material – Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 35a. Regular Working Hours – 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise specified in the Contract Documents. 36. Request for Proposals – The document prepared by or for Owner specifying and describing Owner's 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 49 of 81 agreement between Owner and Design/Builder concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents – Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. 13. Contract Price – The moneys payable by Owner to Design/Builder for completion of the Work in accordance with the Contract Documents. 14. Contract Times – The numbers of days or the dates stated in the Agreement to (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment, as evidenced by Owner’s Representative’s written recommendation for final payment, and in accordance with paragraph 13.08. 15. Design/Builder – The individual or entity with whom Owner has entered into the Agreement. 15a. Design Materials – Any and all documents, shop drawings, electronic information, data, plans, drawings, sketches, illustrations, specifications, descriptions, models and other information developed, prepared, furnished, delivered or required to be delivered by the Design/Builder (a) to the Owner under the Contract Documents or (b) developed or prepared by the Design/Builder specifically to discharge its duties under the Contract Documents. 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 48 of 81 16.05 Controlling Law.................................................................................................................................................................34 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 47 of 81 6.22 Survival of Obligations ........................................................................................................................................................20 7406 Bobcat Ridge Historic Buildings Rehabilitation Page 46 of 81