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Home My WebLink About157665 WATTLE & DAUB CONTRACTORS INC - CONTRACT - RFP - 7666 BOBCAT RIDGE HISTORIC BUILDINGS REHABILITATIOCity of Fort Collins ` Purchasing Financial Services Purchasing Division 215 N. Mason St. 2 " Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fBgor.con✓purchasing DESIGN / BUILD AGREEMENT FOR BOBCAT RIDGE HISTORIC BUILDINGS REHABILITATION BID NO. 7666 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 0 become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless • specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 13.04 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. 0 Long Term Strategies for Funding and Maintenance: The Pulliam Charitable Trust has granted , $43,000 matching funds for this Phase Two SHF request with the City of Fort Collins completing the match. For years, the Pulliam Charitable Trust has provided educational opportunity for every fifth -grade Thompson School District child to visit Bobcat Ridge to learn about the environment and early times represented by the historical resources. The City of Fort Collins is committed to the long-term maintenance of the historic district through the commitment of its citizens to the "Open Space Yes! Sales Tax" and Larimer County "Help Preserve Open Space Tax" which funds land conservation, site development and ongoing maintenance of the land and improvements on the site. History and Location: The site within Bobcat Ridge Natural Area is the 1880s Hyatt Homestead/1940s-50s Spence Ranch and 1961-2003 Pulliam Ranch centered in West Glade, the first foothills valley west of Masonville. Cattle ranches in the foothills made Fort Collins and Loveland known in the 1890s as cattle towns. The property has a farmhouse, calving shed, corrals/loading chute/squeeze chute, sharecropper's cabin, and our subject four outbuildings in a row across Larimer County W CR 32C from the farmhouse. Two outbuildings were completed in Phase One and the other two will be addressed in this Phase Two grant request. In the Colorado State Register, the district is significant under Criterion A in areas of Agriculture and Exploration/Settlement. They typify regional agricultural tradition and are representative of the lifestyle of agricultural families in the area; period of significance is 1885-1975. Also, the ranch is eligible under Criterion C as example of an intact historic ranch stead featuring ranch house, extensive assemblage of historic outbuildings, rural historic landscape, and family cemetery. The ranch outbuildings are important in the historical development of the property and the surrounding area. Phase One 1880s buildings represent the pioneer era of the Hyatt subsistence -level farm. Phase Two of this grant request is for the 1940s Equipment Shed and • Poultry House Shed built by Hunter Spence. Mr. Spence grew up in the valley, got his vocational agriculture/economics degree from nearby Colorado State University, and sought to take the farm to a fully commercial operational ranch. The corrugated metal Equipment Shed is typical of the era to house the tractor, important to the expanded agricultural undertaking. The Poultry House represents the era when Hunter Spence, took the farm to a professional ranch by raising chickens on a commercial scale. Finally, Loveland financier D. R. Pulliam bought the property in 1961 and experimented with ground- breaking efforts to breed purebred Limousin cattle; he was #58 of the first 100 in the country to acquire Limousin cattle semen. The property was used for scenes from the movie "Centennial" in the mid-1970s. Description - Building Techniques: The 20 foot by 19 foot wood -framed Equipment Shed, built on a concrete slab and facing south, has two large vehicle stalls and doors. It is sided and roofed with galvanized corrugated metal over a very deteriorated green asphalt rolled roofing weather barrier no longer available. Bruce Spence, born in 1944, grew up on the ranch and says it was always metal. The large 74 foot by 24 foot cinder -block Poultry House Shed has a corrugated metal roof and long narrow windows the length of the front south elevation, typical to warm the chickens, with doors in the middle and each end. It is divided inside in two long rooms with a small food storage room front center. It has a shallow sandstone masonry foundation. Building Use/Condition: Equipment Shed is in fair condition and used to hold Natural Area maintenance vehicles, but it needs repair/replacement of rafter tails, flashing, support posts, and selective metal roofing. Poultry House is in very poor physical condition and unusable. The bulging south front cinder -block wall is braced while the north back wall has collapsed and is supported by a temporary interior stud wall built by Natural Areas Dept. as temporary • stabilization. The 4-inch thick un-reinforced cinder blocks are a material that was never meant to be used as a structural component in any building according to Peter Farquhar, our selected mason. He says they are no longer available. Roof rafters are bowed under the rusted corrugated metal roof which has a roller -coaster shape from repeated snowloads and failing interior support columns. The property was historically agricultural; currently it is a conservation area owned by the City of Fort Collins. The historic resources are used daily for interpretation to school children, and recreating visitors/tourists from Colorado and all over the United States. Environmental/history tours given by Colorado State University Student interpretation educators (Pulliam Scholars) serve every fifth grader in the Thompson School District for one day field trips each year. A Natural Areas educator, Deborah Price, gives day and evening interpretive educative/historical tours as do Master Naturalists.. Period of Significance and Area of Designation: The property is on the State Register at the local level of significance, representing the period of significant agricultural developments. This date range spans from the Hyatt family purchasing land for agricultural use in 1885 to David Rice Pulliam establishing a French Limousin cattle operation by 1975, creating a distinct statewide regional cattle tradition. The area of designation is a district encompassing all of the historic buildings. The Secretary of the Interior's Standards for the Treatment of Historic Properties will be followed. The Equipment Shed will have a Preservation Treatment that places a high premium on the retention of all historic fabric while focusing on conservation, maintenance and repair to • reflect the building as it has evolved over time, and respecting changes that have been made. The Poultry House will have Rehabilitation Treatment; it is more deteriorated prior to work and needs interior alteration to structurally stabilize the collapsing masonry walls originally built with unreinforced 4 inch veneer -type cinder -block and lime -based mortar. However, we will emphasize retention/repair of historic materials as much as possible to retain the property's historic character. Both buildings will be interpreted in their historic agricultural use. They both contribute to the State Register historic district. This is the second and final phase of work on ranch accessory buildings at Bobcat. The buildings' condition is due to disuse, age, inclement weather, severe weather drainage, and lateral pressure off the cliff behind. Project participants will be selected through City Purchasing Department processes using a design -build team of preservation engineer and contractors with extensive SHF experience. The team for Phase One has been Wattle & Daub Construction, Empire Carpentry, and AE Design and they have done an exemplary job. See attachment for Key Participants of project and grant manager. Deliverables will include preliminary, interim, and final site visits with SHF staff, before/after/historic photos, subcontract certification form, discovery phase, and construction documents/plans and specifications. (For the initial description of work, see Attachment, "Excerpt from Historic Structure Assessment" completed at city expense in 2008 by Aller-Lingle-Massey Architects.) 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 contributes significantly to the Poultry House's impending collapse. For protection, a swale will be cut on north, east, and west elevations. Natural Resources Dept. will re -seed the new slopes as unrecorded in -kind not part of this grant. Grading is proposed to provide positive drainage from all four sides of the buildings. Archeological oversight will be • provided and coordinated by the Contractor. The archaeologist must be permitted by the State.. Exterior Walls - Equipment Shed's wall are covered with galvanized corrugated metal decking; condition of the shed is good to fair. Holes in west sidewall will be patched and gaps in metal panels or wood sheathing will be fixed or metal panels refastened. We will refasten and/or replace several of the wall planks. Poultry House condition is very poor with severe deterioration. To prevent collapse, the city has had the rear wall interior propped up with a 2 by 4 short wall. Proposed rehabilitation is described in Structural section. The building's characteristic features are still distinguishable and will be respected in rehabilitation. We will save as many of the original cinder -blocks as possible and reuse them to maintain historic character. Structural - Equipment Shed is framed with sawn lumber using post and beam construction. There is a metal topped pent roof overhanging the two garage doors. It will be evaluated for structural strengthening. Roof rafters are rough sawn 2x4's spaced 2'-0" on center under skip sheathing spliced at mid -span. Roof rafters will have rotten ends replaced, and be sistered as needed inside for structural strengthening. The shed's condition is fair but we will repair/replace any rotted column bases with Dutchman applications. We will place a caisson under the southwest corner post. Poultry House is made from vertical unreinforced 4" cinder block masonry load -bearing walls when cinder -blocks were designed only for veneer use. It has an interior post and beam roof support; condition poor. The front south wall bulges outward. It will be dismantled and rebuilt isolated as a non -bearing wall so that we can rebuild it as it is, just a 4-inch closure wall. The exact design will be determined after investigation and worked out with the SHF preservation specialist. The north rear wall is mostly collapsed, will be disassembled, saving existing cinder -blocks, and rebuilt. • We will excavate for foundation pad and pour new rear footer. A new CMU wall will retain the pressure, and dirt will cover this retention wall on the outside. The east and west side walls will be braced better at the top and bottom plus mortar and broken/missing cinder -blocks repaired; we will strengthen the walls with select helifix anchors in the mortar joints. Original cinder blocks will be used mostly as a veneer on visible north & south walls (interior & exterior). Farquhar Masonry says the salvaged 4" cinder -blocks can be sliced in half to have enough for•visible coverage. We will do a roof supporting framing plan that works independently from the south block wall, and it can be used to laterally brace the block, too. While visible on the interior, we can keep it pretty simple and date it to differentiate it from historic. Interior support posts will be raised and repaired or replaced to reduce sag and maintain slope. We will excavate and pour interior caissons for posts and install new base plates. These thoughts represent preservation engineering philosophy for the Poultry House. Stabilization with some rehabilitation and select reconstruction while using discrete new supports on the interior. This approach will be consistent with the Phase One grant we are finishing, and be Secretary of the Interior's Standards compliant. Foundation - Equipment Shed is built on a concrete slab on grade in fair condition. Poultry House has a shallow sandstone masonry foundation which needs selective mortar repair on east and west sides. The south sandstone foundation will be removed for a new frost wall foundation. The sandstone will be veneered to this wall above grade. The collapsed north wall will be removed and salvaged for reuse as veneer. The new north wall will be a retention wall, to stand against the hillside movement and covered with salvaged cinder -block inside and out. Mortar analysis will assure the match of original mortar. Roofing/Waterproofing - Equipment Shed's exposed roof rafter tails need selective repair back to sound wood. The sagging roof inside needs to be repaired/stabilized by wood sistering of • • under -designed existing rafters. We will repair or replace eave flashings and replace rusty corrugated roofing material as needed; the goal being to dry -in the structure. Poultry House roof needs to be repaired by replacing any badly rusted metal roof panels. The southwest corner fascia will be repaired. North and west wall skirt boards will be evaluated for replacement. Windows/Doors - Equipment Shed has no windows; metal panel covered doors have little rust and are in good working condition. Rusty strap hinges will be replaced to match original. Poultry Shed has four original window openings divided into 19 evenly spaced sections on south wall and a single window each side of the south main door. They are covered with chicken wire and show evidence of successive layers of plastic sheathing, now torn away. Window openings are in fair condition with little damage to the frames or integrity. We will repair doors. The three stoops are in poor condition, cracked and pulling away from the building. South & west stoops need replacement while east stoop requires masonry repair and leveling, to maintain the rudimentary character of the original. Interior Finishes - Equipment Shed has unfinished interior walls; condition is fair. Work proposed is patching and/or replacement of some wall planks. Poultry Shed has a thin concrete poured floor throughout which is in poor condition, especially the southwest corner where drainage is deflected. The south wall will be cut back for the frost wall foundation. The entire floor will be selectively repaired in order to preserve as much of the original material as possible. Interior debris will be cleaned out. Poultry House interior walls are unpainted; there is no work anticipated here. Urgency of Work: • Threats - The Poultry House Shed is in "very poor, critical condition" (see attached 2008 H. S. A.) and "likely will be completely lost without immediate attention as the walls collapse". It needs to be rebuilt while original material and form is there for physical evidence and restoration. With the back (north) wall of the Poultry House Shed collapsed and wide open, the front (south) wall bulging, and the metal roof sagging like a roller coaster (see photos at end of document), contractors working on the current Phase One buildings, have observed that one good snow storm could collapse the Shed. Also, both buildings could be washed out any time without swale grading deflecting rainwater off the hogback cliff behind. • Partnerships — Pulliam Charitable Trust has funded the past Phase One of the Pioneer Barn and Log Chicken House Restorations, and is committed with a grant toward cash match funds to restore the Equipment and Poultry House Sheds to complete this ranch accessory buildings complex. This Pulliam grant disappears without SHF help. Without the Pulliam's and SHF financial support, it is impossible for Natural Areas Program to accomplish this alone since their primary mission is natural area values. • Support — Larimer County, Loveland, and Fort Collins are anxious for this project to proceed now as support letters attest. Momentum is building as an attached March 24, 2011 Loveland Reporter Herald article about the currently completing Phase One describes. We must keep this commitment moving for preservation education, historical re-creation, and increased interpretation at Bobcat Ridge. This last phase will preserve the 1940's era two accessory outbuildings on this significant landmark designated historic ranch. u • Future Maintenance - The City of Fort Collins commits to long-term maintenance of the historic • district through the citizens' 'Open Space Yes! Sales Tax" and Larimer County "Help Preserve Open Space Tax". • Spread of Historic Preservation Knowledge — This project involves a highly visible, publicly owned, regional recreational area. This project will exhibit repair and stabilization of historic materials, and retention of the building form. The Poultry House Shed preservation activity will show how a building can be restored from near collapse to its original use protecting small farm animals from marauding animals at night. The project exhibits protection of the buildings with the proposed drainage swales. Preservation and Rehabilitation treatments will be demonstrated by caisson repair, foundation strengthening, structural stabilization, and roof repair while saving as much historic fabric as functionally salvageable. • Continue the SHF Work of Saving Significant Outlying Accessory Ranch Buildings - The historic district complex is made up of buildings that all fulfilled a significant purpose associated with the operations of a cattle ranch in the northern foothills around Loveland and Fort Collins. All the accessory buildings are contributing to the historic district. The Pioneer Barn and Log Chicken House that represent the 1880s subsistence level farming of Hamilton Hyatt were the critical items, and are now finishing a remarkably successful restoration funded in part by the State Historical Fund, Pulliam Trust, and City of Fort Collins as Phase One. Now we seek funding for Phase Two for the 1940s buildings to preserve the Equipment Shed and rehabilitate the Poultry House Shed built by Hunter Spence to fulfill his dream of a working, profitable commercial ranch. This is the natural next phase to take place on the property. This will complete the story and make it possible for the Natural Areas Dept. to fund and install interpretive signage along the roadway after Phase Two is done and bring visitors to tour and appreciate the history of the ranch. W Synopsis of Services Requested through this RFP: Architectural/Engineering/Regulatory Services: 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. 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. Archeological Monitoring a. Provide archeological consulting services during construction to ensure proper discovery during excavation of the site. is • 4. Regulatory Requirement a. Pay fees for, and obtain, all construction/building permits. Construction Preservation Activities — Equipment Shed 1. Sitework a. Regrade and construct swale b. Backfill and maintain sloped soil around slab c. Remove non -original debris from surrounding site 2. Structural a. Replace and/or repair rotted or missing column bases b. Reconstruct shed roof c. Repair and support rotten posts d. Install caissons e. Repair and sister rafters 3. Exterior and Roof a. Patch holes in corrugated metal siding and refasten loose panels (includes interior siding components) b. Replace existing strap hinges with new hinges to match original c. Repair and/or replace eave flashings d. Replace corrugated roofing material as needed to patch holes Construction Preservation Activities — Poultry House Shed 1. Sitework, Excavation, and Grading a. Regrade and construct swale b. Regrade to provide positive drainage c. • Excavate for foundation pad d. Excavate for frost wall e. Remove non -original debris from interior 2. Masonry a. Dissemble and save existing blocks at north and south walls b. Repair and/or replace foundation where needed c. Reconstruct north retaining wall d. Repair side walls (may include cutting block for veneer/install veneer as needed on N & S walls) e. Perform mortar analysis 3. Concrete a. Place new foundation where needed b. Cut back concrete c. Excavate and pour interior caissons for columns d. Repair and/or replace stoops e. Repair concrete floor 4. Structural and Related a. Fabricate and install structural wall reinforcement system b. Temporarily shore up existing roof beams to reduce sag and maintain slope a. Temporarily shore south wall for masons b. Fabricate and install new steel base plates for interior support posts c. Re -set interior posts to provide full bearing for beams d. Selectively replace and/or sister roof framing to carry load e. Replace skirt board f. Repair and/or replace fascia • g. Restore and/or replace metal roof panels h. Repair and/or replace all metal flashings i. Repair doors Proposed Milestone Schedule: July 8, 2014 at 2:00 pm — Pre -proposal meeting will be held on -site July 9, 2014 at 5:00 pm — July 17, 2014 July 24 - AM Last day for questions Proposal due RFP Interviews If needed • 0 Location: Vicinity Map Bobaa Ridge Natura Area • COLORADO STATE REGISTER OF HISTORIC PROPERTIES CONTINUATION SHEET Property Name tbtV Homestead -Spence Ranch SKETCH MAPS LOCATION SKETCH HYATT-SPENCE-PULLIAM RANCH AT BOBCAT RIDGE NATURAL AREA N MAY 27. 2010 204 0 25�S�AD FEET NOMINATED SITE 3.690 +/- NET ACRES 'a•lrf�4 O Na�ll r� .ec+ay.scYer .. Page _N Section VII Y.N• b •q I P32.3q �y9. + NOMINATION i BOUNDARY iizssr u-am-» R — s �N CORKR M0001. Hyatt Homestead -Spence Ranch Nomination Boundary- • a � w ©« e©=- � «:yam:� d/ ^`� � � 3 � � \\ � � - Sa.s�±f� s-' .: . - - z - 6� +% .� �...:_� �� \ _ �\\��\�� . �, , ��i�w�� . �y\�\2� � � �� /� \ y y\.::,� >�yz :«. <.2 � '.' « � \ � /� � \ `�: w : ;: .�. • 0 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 7Z$, 20 OWNE TY OF�SjR�OLLINS Gerry S. aul By Director o Pur hasing &Risk Management Date: �° Z A RO D AS TO RM Assi T nt City Attorney ATTEST:" City Clerk Address for giving notices: PO Box 580 Fort Collins, CO 80522 DESIGN/BUILDER: WATTLE4& DAUB ON (CTORS By: ' THONA5 .T1Sr1AAtt"EK Title:�P4rnENi Date: 8/6 114 [CORPORATE SEAL] ATTEST: + R. In ` XJ Cor#brate Secretary Address for giving notices: 10;7 BEAR Hallow RN ,_APai2TE, Co @c635 License No. —Cl- A'19 (If DESIGN/BUILDER is a corporation, attach evidence of authority to sign.) t l / t�w,F G ;tb a '+ +— t yx—_ —•: tit � � i -� 'k py tag. � ri i„ \ if / / ff ✓ 1 / .GSI i i_ 1 1 r!Td ii�t �✓� I{ f �S�J{ J 1 t� `' �iip!j ��, ,��(If r5 �siy ��tl�i 2°_g �•�-bg�,, eft .,a' ``..� Ilyg 4 P r ,N Tel � i77 N �i Ili C op ." .# 1 r ��. � .1w Ti-. �.,d•.Yc tea-. ��I.I. :e.��. �.. ,�=(t.�: %.. I. -) r. Y. _. ... � ..-. 11 M MAN, 4p a 1�10WM r r�'! -A; r - I View of East Elevations of the Equipment Shed and the Poultry House Shed Additional Information Available as an Aid to the Proposer: • 1. 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 Ethan Cozzens, Facilities Project Manager at: 970-221-6273. 2. 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. 3. 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. 4. The Ranger Office/Residence will not be available to the Contractor for any other purposes including telephone. 5. 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 Is 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. 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 construction proposed, and shall have successfully completed at least two (2) projects of similar scope in the past five (5) years. >S 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 Ethan Cozzens, Facilities Project Manager at: 970.221-6273. 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, Ethan Cozzens, Facilities Project Manager at: 970.221-6273. 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. 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 QUALIFICATION STANDARD FACTOR Does the proposal show an understanding of the 2.0 Scope of Proposal project objective, methodology to be used and results that are desired from the project? Do the persons who will be working on the project 2.0 Assigned Personnel have the necessary skills? Are sufficient people of the requisite skills assigned to the project? Can the work be completed in the necessary time? Can the target start and completion dates be met? 1.0 Availability 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? Do the proposed cost and work hours compare 2.0 Cost and favorably with the project Manager's estimate? Are Work Hours the work hours presented reasonable for the effort required in each project task or phase? Does the firm have the support capabilities the 2.0 Firm Capability assigned personnel require? Has the firm done previous projects of this type and scope? • • Reference Evaluation (Top Rated Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. • 0 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? Was the Professional responsive to client needs; did Completeness the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? a) If a study, did it meet the Scope of Work? b) If Professional administered a construction Job Knowledge contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? DESIGN/BUILDER'S PROPOSAL RESPONSE \l • C1 • LJ 8 Gibbs Road Laramie, WY 82070 Wattle & Daub Contractors Mr. John Stephen July 17, 2014 Senior Buyer City of Fort Collins Purchasing 215 N. Mason St. 2nd Floor Fort Collins, CO 80522 RE: RFP - 7666 Bobcat Ridge Historic Building Rehabilitation Dear Mr. Stephen, The purpose of this letter is to introduce our proposal package and briefly describe documents attached hereto. Our design/build team has carefully examined the RFP documents, attended the pre -proposal site visit, and collaborated to prepare this proposal. Cover Pages - one page w/photos from the site Proposal Bond - City form, three pages plus Certif. of Authority W&D Design Build Proposal - Deliverables 1-7, three pages Milestone Schedule - one page W&D Experience & Qualif. Statement - eight pages, references Empire Carpentry Qualification Statement - five pages, references Farquhar Masonry Background .& Credentials - one page; references Allier. Lingle. Massey Architects - Firm Profile, two pages Experience in Integrated Design/Build Projects, two pages Experience in Projects Funded by SHF Grants, four pages Experience in Historic Rehab. & Restoration Projects, eleven pages Client References - two pages David B. Lingle Resume - two pages Lucas Remmert Resume - one page JVA Consulting Engineers - Firm Profile, one page. Historic Preservation Projects, four pages. Steven D Carpenter Resume, one page. References, one page Addendum #1 is hereby acknowledged. This concludes the outline summary of information included in the pages which follow. Thank you for your consideration. Byron R. McGough g Wattle & Daub Contractors 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 • 40 0 a ti.;ar c. K/c yw r=� SSECTION 00410 PROPOSALSOND 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 herebyjointly and severally bind ourselves, successors; and assigns. THE CONDITION of this obligation issuch'that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Proposal andherebymade a pad hereof to enter into a Construction Agreement for the construction. of Fort Collins Project, 7666 Bobcat Ridge Historic Buildings Rehabilitation . 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 thatthe 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. RPP 7666 Bobcat Ridge Historic Buildings Rehabilitation Page 34 of 90 'Wattle & Daub Contractors "Employers Mutual Casualty Company ""Five Percent of Amount Bid (5%) IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 17th day of July , 2014, 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 •. ti Name:'Wattle & Daub Contractors Employers Mutual Casualty Company 8 Gibbs Rd. Z _ Address: Laramie, WY 82070 P.O. B . 712 Des M i es IA 50306-0712 :. ........By �., :Tpe: VP /SF_e/rRERs e: arah Brown Attorne -in-Fact .. ATTEST: (SEAL) (SEAL) Section 00410 Page 2 RFP 7666 Bobcat Ridge Historic Buildings Rehabilitation Page 36 of 90 0 AVEMC N0. A76765 INSURANCE P.O. Box 712 • Des Moines, IA 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a'North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally. as "Company" and collectively as "Companies', each does, by these presents, make, constitute and appoint: TODD BENGFORD, LINDSEY KNICKERBOCKER, DONALD E. APPLEBY, FLORIETTA ACOSTA, MARK SWEIGART,DILYNN GUERN, SUSAN J. LATTARULO, KEVIN W. MCMAHON, J.R. TROJAN,:SARAH BROWN - its true and lawful aftomey-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertaktrigs,.and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said aftomey pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1, 2015 .unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Atomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, arty Vice President lhecTreasuier,andrthe Secret _` 4 FA4yers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf;of each gCompanyland!aftach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings` obligatory in the nature'thereof and (2),to remove any such aflomey-in-fad at any time and revoke the power and authority given to him or her. Altomeys-in-fact shall hava$o' wer and:authonty subject tathe terms and [irritations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the,C_grn n'ylthereto bonds and undedaMngs; reoDgnizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such insbamenhezecuted by,anysuch aftomey;in4acl,shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-ofallomey authorized hereimmade by'an�otirc'zr of Flnployars'Mutual Casualty Company shalt be fully and in all respects binding upon this Company. The facsimile or mechanically_ reproduced -signature of such oRcar .vrfiether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and Binding upon .the Co any, the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents tope signed f6r each by,Ui Ie � officers as shown, and the Corporate seals to be hereto armed this 23rd day of AUGUST 2013.c_.'�@ Seals .� '%�Oz ,,gyp., a,v„ BruceG Kelley, hainnan Michael Freel —L?—>/ of Companies 2 3; 4, 5 & 6; President Assistant Vice President of Company 1; Vide Chairman and =�' SEAL =;_ = 2 1863°Fri? 5„ _ 1953 �= CEO of Company? %:, g-' town ` -:'�o� ", ..sae` � : " •, ,.• On this 23rd dayof AUGUST AD 2013 before me N•,,,.,, Notary Publicin and forthe tateo Ioowa, personally appeared Bruce G.Kelley and Michael Freel, Ce j e ........ as , • " •, o : , ;, ;.,p;o,- .,,� • , ,. ; • a; � , who, being by me duly swum, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary, 3-. SEAL ,` <= of SEAL `£'- w -SEAL cq.E respectively, of each of The Companies above; that theseals affixed to this instrument are the o = seals of said corporations; that said instrument was signed and sealed on behalf of each of the •rotes+°' Compam!abyauthority oftheir respective Boards ofDirectors; and that the said Bruce G.Kelley ^^^"' and Michael Free], as such officers, acknowledged the execution of said instrument to be the 1 'I A / voluntary ad and deed of each of the Companies. �`' UTUq ro My Commission Expires October 10, 2016. , ,, KATHY LYNN LOVERI o �'"" `• Commission Commission Expiresumber � 'ems pe�`p October .10,2016 Nota Publici and for theStateoflowa0 -. �N/NES. `0 CERTIFICATE �.`1 - I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies,`; and this Power of Attorney issued pursuant thereto on - AUGUST 23, 2013 owbehslf of: `- '— .. TODD. BENGFORD, LINDSEY KNICKERBOCKER, DONALD E. APPLEBY, FLORIETTA ACOSTA, MARK SWEIGART,.DILYNN GUERN, SUSAN` LATTARULO KEVIN W._ MCMAHON, J.R. TROJAN,.SARAHBROWN are true and correct and are still in full force and effect. - In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n - `1.1I each Company this 17th day of July 7014 � O` �, `Vice President Wattle & Daub Contractors • Design/Build Proposal RFP 7666, Bobcat Ridge Historic Buildings Rehabilitation Following its successful completion of Phase I of the Bobcat Ridge Rehabilitation Project, Wattle & Daub Contractors proposes to perform the specified work of Phase II with the following project team: General Contractor: Wattle & Daub Contractors Architectural Services: Aller/Lingle/Massey Architects Engineering Services: JVA, Incorporated Architectural Monitoring: Centennial Archeology Carpentry Subcontractor: Empire Carpentry Masonry Subcontractor: Farquhar Masonry Site Grading Subcontractor: IHS Excavating RFP Deliverables 1-3 Professional A/E Experience, Integrated Design/Build Experience, References • Corporate resumes for Wattle & Daub Contractors, Aller/Lingle/Massey Architects; JVA, Empire Carpentry, and Farquhar Masonry are appended below. Each team member has listed its own experience and references. Wattle & Daub has previously worked with Empire Carpentry on CHS/SHF historic rehabilitation projects including the O.T. Jackson House in Deerfield, Colorado and the High Plains Museum in Nunn, Colorado, as well as Phase I of the Bobcat Ridge project. Farquhar Masonry has long been our "go to" historic mason, working with us on over a dozen restoration projects, including the Logan County Courthouse in Sterling and the First Congregational Church of Loveland. We have worked with Aller/Lingle/Massey on historic projects including the First National Bank of Berthoud and the First Congregational Church of Loveland, while teaming up with JVA at the O.T. Jackson House, the Avery Building in Fort Collins, and the Chautauqua Dining Hall in Boulder. 4 Proposed Approach and Key Team Members Many of the key construction personnel from Phase I of the Bobcat Ridge will be returning to work on Phase IL Our projected lineup will include the following players: • Project Supervisor Byron McGough Wattle & Daub Contractors • Project Manager Andy Carlson Wattle & Daub Contractors • Site Supervisor/Lead Carpenter Kevin Murray Empire Carpentry • Mason Pete Farquhar Farquhar Masonry • Project Architect Dave Lingle Aller/Lingle/Massey Architects • Project Engineer Steve Carpenter JVA Wattle and Daub Contractors, RFP Deliverables, Page 1 Although all of our team members are familiar with the Bobcat Ridge site, the team's first step will be to conduct a more thorough forensic investigation of the Equipment Shed and Poultry Shed in order to: 1) refine our assessment of the existing conditions and define the precise needs the two buildings have for stabilization and/or rehabilitation, 2) document specific building features to be restored or reconstructed (or removed, in the case of non -historic materials), 3) determine the proper scope and sequencing of rehabilitation activities. Naturally, our precise approach to the project may change somewhat, depending on what we learn during the forensic stage, but we anticipate proceeding along the following lines: Aller/Lingle/Massey and JVA will jointly produce stamped construction documents as required for permitting purposes and to properly guide the work. Wattle & Daub and Empire Carpentry will then begin with the field work. After a general site cleanup to remove non -original debris, any shoring deemed necessary to support the structures during excavation and stabilization will be installed. The initial re -grading and excavation will then be undertaken in the presence of our archeological monitor, who will be given the authority to halt work if any archeological findings of significance are discovered. Much of the digging for the new caissons and foundation pads will likely be done by hand, both out of sensitivity to the buildings and due to access issues for large mechanical equipment. After being properly reinforced and inspected by our engineer, the various concrete caissons and foundation pads will be poured. With two solid foundations in place, work will shift to the stabilization of the walls and roofs. Taking the Equipment Shed first, its corrugated metal roofing and siding will be removed as required for working on the framed structure beneath. As per the Secretary of Interior's Standards, deteriorated framing • members will be repaired using Dutchman patches and/or epoxy consolidants whenever possible; with whole framing members being replaced only when beyond possible salvage. Pending approval from the CHF representative, we will plan on using rough sawn lumber to replace historic framing members, while utilizing more -obviously contemporary S4S members when adding sisters to the rafters or installing other means of stabilization that were not part of the original structure. Once the wall and roof framing has been stabilized, new and/or salvaged corrugated metal will be re -installed to properly cover the structure. Stabilization work on the Poultry Shed will proceed in much the same sequence, although obviously utilizing different techniques due to the concrete block construction of its walls. In preparation for the masonry portion of the work, Pete Farquhar will perform his own mortar analysis and visit salvage yards in an attempt to find concrete blocks that closely match the existing. Providing additional shoring as necessary, Pete will repair the concrete block walls as required both for structural stability and to restore the building's original aesthetics, including possibly installing block veneer on the north and south elevations. Once the walls have been fully stabilized, the team's carpenters will re -set the building's interior beams and posts, utilizing metal reinforcements as specified by the engineer, to re- establish proper bearing for the roof load. The roof framing itself will be augmented as necessary in order to remove the existing sags and maintain proper slope. Finally, both the metal roofing and the exterior wood trim will be repaired and/or replaced as required. If necessary, a final re -grading around both buildings will be done in order to ensure proper drainage away from their foundations. Capabilities The corporate resumes below make clear that all of our key personnel have considerable experience working in the field of historic rehabilitation and restoration. The qualifications of three team members • bear particular mention, however. Wattle and Daub Contractors, RFP Deliverables, Page 2 Dave Lingle has spent most of his 37-year architectural career working in the Fort Collins area. He has a particular interest in historic buildings, and has sat on the Fort Collins Historic Preservation Commission since 2012. Dave became very familiar with the Bobcat Ridge project when helping to complete the Historic Structures Assessment of the site. Kevin Murray of Empire Carpentry has been specializing in the construction and restoration of timber and log structures for over 25 years. In addition to restoring the Franz -Smith Cabin in the Fort Collins Museum Courtyard and the Cooper Cabin in Roxborough State Park, he played the lead role in restoring the Chicken House in Phase I of the Bobcat Ridge project. Pete Farquhar is the premier historical mason in northern Colorado. Working as a professional mason since 1978 and focusing on the restoration of historic masonry structures for much of his career, Pete has made a careful study of historic lime mortars and performs all of his own mortar analyses. Not -To -Exceed Estimate Wattle & Daub Contractors proposes to perform the work specified in the RFP documents for the Not - To -Exceed price of $148,020. A breakdown of our pricing is provided in the table below. Equipment Shed Poultry Shed Total Construction Costs $15,700 $86,100 $101,800 General Conditions $2,355 $12,915 $15,270 Overhead &Profit $2,355 $12,915 $15,270 A/E Services $1,570 $8,610 $10,180 Archeology $1,500 $4,000 $5,500 Total $23,480 $124,540 $148,020 Liability Limits General Liability Insurance, Wattle & Daub Contractors Company: General Aggregate: Personal Injury: Per Occurrence: Damage to Rented Premises: Medical Expenses, One Person Gemini Insurance Company $2,000,000 $1,000,000 $1,000,000 $50,000 $5,000 Errors and Omissions Insurance, Aller/Lingle/Massey Architects General Aggregate: $2,000,000 Per Occurrence: $2,000,000 Errors and Omissions Insurance, JVA General Aggregate: $ 3,000,000 Per Occurrence: $ 2,000,000 Wattle and Daub Contractors, RFP Deliverables, Page 3 9 • 11 Design/Build Proposal 7.666 Bobcat Ridge Historic Building Rehabilitation Proposed Milestone Schedule July 17, 2014 Proposals Due July 24 RFP Interviews, if needed August 8 Owner/Contractor Contract Executed NTP Issued August 11 Initial pre -con meeting w/City, CHS/SHF, & contracting team on site. Site investigations & discovery, site drainage (archaeology), and retaining wall work begins. Design documents development begins. November 14 Design docs complete w/ approvals November 17 Work on structures begins and continues as weather conditions allow. May 30, 2015 Work on site substantially complete June 5 Final Completion Wattle & Daub Contractors Wattle & Daub Contractors Experience and Qualifications Wattle & Daub Contractors was founded in 1978 as a roofing and waterproofing company. While this work continues, in 1999 the company formed a general contracting division that has focused exclusively on the preservation and restoration of historic structures. Most of the buildings on which we work are historically registered, and all of our projects are executed in accord with the Secretary of the Interior's Standards for the Treatment of Historic Properties. An electronic portfolio of our restoration projects can be viewed at wattleonddoub.com. In order to ensure that we are maintaining the highest levels of performance, we ask all of our customers to evaluate our work at the conclusion of each project. These evaluations are then collected and compiled by an independent third party, the Performance Based Studies Research Group at the Arizona State University, which publically posts a detailed record of our performance history at pbsrg.com/best-vol ue-model/vendor-specialized-measurement/wattle-and-daub/. A partial list of the historic restoration and rehabilitation projects on which we have worked over the past thirteen years is found below. The project list is followed by a summary of our professional credentials, including references, licensing and bonding information, and professional memberships. I. Historic Preservation Projects of Note n U Wyoming State Capitol Restoration - Structural steel, lightning protection, roofing, electrical upgrades • and modifications, painting, stained glass, and replication of historic exterior building components. Cheyenne, WY, 1999-2000. $ 1,454,925 Wyoming State Capitol House & Senate Chambers Stained Glass Ceiling Restoration Removal of existing stained glass ceiling panels & associated finishes, wood forensics, construction of new reproduction carved sashes & joinery, complete restoration of stained glass ceiling panels, reproduction & repair of interior finishes, painting, and electrical upgrades of chandelier lighting. Cheyenne, WY, 2002-2003. $ 311,033 Fort Collins Museum of Contemporary Art- Limestone restoration, lead abatement, window modifications, paint, structural steel, restoration & upgrade wiring of period light fixtures, roofing, and replication of decorative historic plaster and horse hair soffit rosettes. Ft. Collins, CO, Spring, 2000. $ 103,919 Elk Mountain Hotel - Asbestos abatement, historic window restoration, roofing. Elk Mountain, Wyoming, 2001. $ 56,048 Jackson County Courthouse — Phase I and II. Upgraded electrical services, fire and safety upgrades, boiler, condensate system and register improvements, window restoration and replication, roofing, painting, transparent finishes, structural column replacement and modifications, quarry, cut, dress and place sandstone structural components, masonry repair and and pointing, dry -zone installation, ADA compliance upgrades and hazardous materials mitigation. Walden, Colorado, 2001-2004. Phase I- $ 374,613, Phase II - $384,050 Wattle and Daub Contractors, Experience and Qualifications, Page 1 O. T. Jackson House -.Stabilization of.1920's frame structure including new foundation, structural framing, roofing, windows, doors, and front porch. The structure was lifted and removed from its original foundation and reset once new foundation was constructed. Dearfield, CO, 2002. $126,875 Historic Ault High School — Phase I, II, III and IV. Complete restoration of abandoned facility for utilization by students and staff including: selective demolition, plumbing, electrical, mechanical, roofing, pointing, windows, doors, ADA access, elevator installation, and interior finishes. Ault, CO, 2000-2008. Phase I - $158,450, Phase II - $ 427,000, Phase III - $ 437,000, Phase IV - $ 1,675,000. Recipient of the Seventh Annual (Colorado) Governor's Award for Historic Preservation, 2009. Nunn Municipal Building —structural stabilization and restoration of 30's WPA project including new electrical and plumbing services, roofing, doors, ADA accessible restrooms, painting, and window reconstruction. Nunn, CO, 2003-2004. $143,812 Hippodrome Theatre — Phase I and 11. Restoration of ceramic tile, east facade, and round windows, construction and installation of replica windows, selective demolition and stabilization, and restoration of two adjacent brick, wood, and glass storefronts. Construction of a new two-story in -fill building adjacent and tied -into the historic structure to provide office, gallery, meeting, dining and theatre related space. Julesburg, CO, 2005-2007. Phase I - $ 77,750, Phase II — $ 545,000 HarveyJ. Parish House — Exterior restoration including structural foundation crack repairs, mortar/masonry/tuck point repairs, rafter tail restoration, reroofing, stained glass restoration including construction of new sashes, painting; regrading for drainage, gutters and downspouts. Jamestown, CO, 2006. $ 55,446 • Historic Hoverhome— Phase I and II. Removal and replacement of a non -original roof covering with a new system that replicates the original, rafter tail repairs and painting, lead/asbestos abatement, and masonry restoration. Selective plumbing, electrical, interior painting, plaster, and finishes, window restoration, terra cotta replication and repairs. Longmont, CO, 2004-2008. $144,000 Historic Hoverhome and Auto House — Phase III includes repointing the north elevation, restoration of the balance of unrestored windows, screens and hardware, painting and transparent finishes, stained glass, and abatement of lead based finishes. Work to the Auto House includes roofing replacement, window and siding restoration and painting, and pointing at brick chimney. Longmont, CO, 2011. $170,840 Hoverhome Creamery— Partial reconstruction of stone masonry walls, window and door restoration, painting. Longmont, CO, 2011-2012. $10,000 Romero House — Complete restoration of a 1927 adobe structure including structural modifications to roof truss system, new roofing, adobe repair and replacement, mud plaster, window replication, wood and vinyl floor restoration, drainage system, new electrical and heating. Fort Collins, CO, 2006-2008. $183,625. Recipient of Colorado Historical Society's Dana Crawford Award, 2008. Logan County Courthouse — Phases II A & B and III. Restorations including new boiler/chiller mechanical system retrofit, new electrical and data supply system, interior plaster column and cornice replication, carpentry, flooring, and transparent and opaque finishes, exterior concrete, dry zone, terra cotta • restoration, limestone and sandstone replication, restoration and replacement, structural steel and concrete. Sterling, CO, 2005- 2008. $1,027,800 Wattle and Daub Contractors, Experience and Qualifications, Page 2 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, 7666 Bobcat Ridge Historic Buildings Rehabilitation . 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. • Logan County Courthouse —Phase IV. Restoration of interior finishes including tin ceilings, vault doors, • stained glass, flooring, painting, plaster, ADA entrance, signage, HVAC system improvements/tuning, window restoration and storm windows. Exterior work included removal of exterior emergency stairs, sandstone repairs and pointing, cornice replication, installation, and painting. Sterling, CO, 2010-2011. $910,035. First Presbyterian Church — Restoration of 24 panel dome skylight, radius/compound/tapered metal roof system, removal and restoration of non -historic vertical and metal components of dome, complete low sloped and pitched roofing system removal and replacement, exterior painting, and stucco installation. Sterling, CO, 2008- 2010. $ 550,130 Meadow Mountain Ranch — Complete in -place restoration of historic framed log cabin including new foundation, roofing, interior fixtures and finishes, concrete, site drainage, electrical, plumbing, mechanical, painting, doors, windows and cabinetry. Allen's Park, CO, 2007-2009. $254,880 Gates Mercantile —Total restoration of glass storefront and main entry, extensive masonry restoration to parapet, structural repairs to roof framing, removal and replacement of existing roofing, door restoration and replication, window restoration, painting and hardware, selective pointing/masonry repairs, maple floor refinishing and construction of replica cabinetry below storefront windows. Elbert, CO, 2008-2011. Phase I, $305,955. Phase II , $70,669. Windsor Mill Stabilization— Debris removal, structural analysis, and Initial stabilization of west wall, exposed floor level, and north elevation following the tornado. Windsor, CO 2008 • Schweiger Ranch — Phase I — Exterior rehabilitation of house, barn, stable, chicken coop, granary, and cistern including: grading, drain tile system, pointing, stone foundations, roofing, siding, structural stabilization, windows, doors, mechanical, painting, electrical and abatement. Lone Tree, CO, 2009. $203,037 Schweiger Ranch —Phase 11= Floor plan alterations to reproduce original room layout, plaster repairs, restoration and reproduction of doors, restoration and reproduction of wood siding, wood floor restoration, roof repairs, painting, restoration of wooden stable, restoration of grain silo. Lone Tree, CO, 2011-2012. $311,381 Julesburg Library —Stabilization of existing roofing system including adjusted drainage from roof to grade, construction and installation of new ADA access ramp, improved boiler exhaust system, new doors, replica and restored windows, security/alarm system improvements, site grading and dry -zone installation. Julesburg, CO, 2006. $102,020 First Presbyterian Manse — Roof removal and replacement, hazardous materials abatement, structural repairs, siding replacement, gutters & downspouts, painting, masonry repairs, site grading, concrete flat work, and landscaping. Sterling, CO, 2010. $92,235 Paramount Cottage camp —Structural repairs, reroofing, siding and fascia restoration, foundation underpinning, concrete, dry zone, painting, gutters and downspouts, new windows and doors. Interior finishes included structural adjustments, framing, drywall, painting, electrical, flooring, and hazardous materials abatement. Fort Collins, CO, 2010-2011. $193,989 • Wattle and Daub Contractors, Experience and Qualifications, Page 3 • Historic Fort Collins Waterworks — Excavation of tail race to restore masonry, construction of diversionary wall to reroute stream flow, installation of helical piers to stabilize stone foundation and masonry walls, and window restoration. Fort Collins, CO, 2010-2011. $56,328 Como Depot Eating House — Partial restoration of masonry structure including; structural stabilization, pointing, and brick replacement, window restoration, painting, roof repairs, electrical and service supply upgrades. Como, CO, 2010. $171,478 Zion Congregational Church — Primary work included repainting exterior brick and custom replication, and fabrication/ installation of wood louvers at bell tower. Original arch top wood entry doors were stripped, stabilized, refinished and reinstalled. Sterling, CO, 20104011. $84,900 First National Bank of Berthoud Building — Masonry restoration, window restoration, window screens and storms, new storefront windows, reproduction of historic doors, roof alterations and repairs, drainage improvements, painting. Berthoud, CO. 2011-2012 $139,213 Avery Block, Exterior Preservation & Restoration —Complete building fa4ade restoration and original storefront replication including: prismatic glass, brass hardware, sandstone repair and replacement, painting, electrical, carpentry, stone masonry pointing and restoration, cornice replication & installation, windows and doors. Fort Collins, CO. 2011-2012 $378,826 FirstConareaational Church —Masonry, mechanical, electrical, painting, roofing, insulating, concrete, windows & doors, plaster and transparent finishes restoration, and construction of new building • addition. Loveland, CO. 2012 $158,232 Douglas Masonic Lodge — Reroofing, select window restoration (interior & exterior), and cornice restoration of late 1800's stone masonry structure. Castle Rock, CO 2012 $89,288 First Presbyterian Church Historic Manse — Phase 1i—Select interior and exterior restoration including new walls and ceiling surfaces throughout basement and stairwell, replicated historic exterior screen door, mechanical, electrical and plumbing upgrades. Sterling, CO 2012 $45,200 Camp Amache Water & Guard Tower Restoration and Replication - Restore original 25,000 gallon redwood stave water tank (1942), steel compression rings and ogee washers, and twelve concrete piers. Replicate original 75' tall wooden water tower, tank platform and roof, and one Guard House. Granada, CO 2013 $343,094 Logan County Courthouse — Phase V. Complete exterior restoration and renovation. Removal of existing and replacement of roofing with replica metal shingles and copper dome. Cornice water tables and exterior roof drainage systems restored, new flag pole installed, exterior painting of metal and wood surfaces, masonry pointing and restoration, dry -zone and replacement sidewalk installations. Sterling, CO 2013 $1,058,090 Recipient of Colorado Historical Society's Hart Award, 2013. Lorimer County Child Avocacy Center— Select restoration of historic original windows (in early 1900's brick structure) for weather tight and sound attenuation integrity. Fort Collins, CO 2013 $18,557 Meeteetse Museum — Exterior restoration of historic late 1800's two story brick exterior bank building • including: excavation of stone foundation, repairing and repainting foundation stones, establishing a dry -zone, performing roofing and gutter/downspout repairs, windows, doors, and extensive (50% of Wattle and Daub Contractors, Experience and Qualifications, Page 4 building) brick masonry repair, replacement, re -pointing and structural stabilization of arched window is openings. Meeteetsee, WY 2013 $146,185 Wallace County Courthouse— Exterior restoration of a 1910 county courthouse, including repointing and repairs to the brick restoration, full reconstruction of the sheet metal cornice/water table, and exterior painting. Sharon Springs, KS $301,555 Wyoming Frontier Prison —Integrative design/build project involving major repairs to a collapsed stone wall, roof repairs, plaster restoration, and interior painting. Rawlins, WY $219,421 11. Featured References A. Wyoming Frontier Prison 500 West Walnut Street Rawlins, WY 82301 Point of Contact: Tina Hill, Director 307-324-4422 wyomingfrontierprison@hotmail.com Summary of Work: Working in a design/build context, Wattle & Daub Contractors teamed up with Scheuber/Darden Architects and Martin+Martin Engineering to complete a variety of repairs to Cell Block A of • Wyoming's "Old Pen," an 1880's limestone structure. The Design/Build Team first performed a forensic investigation of an area of stone wall that had bulged out and later collapsed. Determining that the ultimate cause of the wall failure was a poorly designed and installed roofing system above, the Team developed a comprehensive plan for repairing, not only the collapsed wall, but also the failing roofing system. To round out the project, Wattle & Daub restored and painted the interior plaster of the affected wall. Dates of Work: October, 2013—June, 2014 B. Schweiger Ranch 10822 South Havanna Street Lone Tree, Colorado 80124 Point of Contact: Darryl Jones, Schweiger Ranch Foundation 720-279-2581 djones@ridgegatecolorado.com • Wattle and Daub Contractors, Experience and Qualifications, Page 5 Summary of Work: Restoration of the ranch house and various outbuildings, including the horse and cow barns, chicken coop, granary, silo and cistern. The cow barn required reconstructing the stacked stone foundation, repairing and replacing numerous framing members, installing a new cedar shingle roof, and reconstructing feeding troughs. Currently reconstructing the loafing shed, working from evidence located onsite and historic photographs. Dates of Work: 2010—present C. The Dannels Cabin at Meadow Mountain Ranch Allenspark, CO Point of Contact: Kristin Lewis, Kristin Lewis Architects 303-449-5747 kris@kristiniewisarchitects.com Summary of Work: Complete in -place restoration of a framed log cabin, with work including excavation and construction of a new foundation, log replacement, installation of a new roof, and site drainage improvements, as well as window and door restoration and reconstruction. Dates of Work: 2007-2009 0 Ill. Additional References Chuck Allen 307-631-2505 State of Wyoming, Administration and Information Callen@state.wy.us Patrice Berglund 970-217-3392 A-E Design Associates Randy Byers 307-775-9970 Architect, The Design Studio, Inc. Richard Hill 970-221-5388 Architect, Fort Collins Marion Jones 970-416-6408 Previous Director, Poudre Landmarks Foundation Jack McClavey 970-522-8165 Logan County Commissioner, Retired Jim Palmer 970-412-0414 Palmer Properties ioalmerCo)ctfuller.com • Mike Palmer 402-689-5616 Wattle and Daub Contractors, Experience and Qualifications, Page 6 St. Vrain Historical Society mepalmer@comcast.net Rande Pouppirt Architect, Pouppirt and Associates Commissioner David Donaldson Logan County Board of County Commissioners 307-778-8236 Pouppirt@aol.com 970-522-0888 IV. Professional Credentials Licensing General Contractor - City of Cheyenne, City of Rawlins, City of Fort Collins, City of Longmont, City of Sterling, City of Loveland, City of Boulder, Larimer County Specialty Contractor - City of Cheyenne, City of Douglas, City of Boulder, Boulder County Bonding Company: Employer's Mutual Casualty Company Capacity: Single Project - $1.5 million, Aggregate - $3.0 million Memberships Association for Preservation Technology International, Rocky Mountain Chapter Preservation Trades Network Performance Based Studies Research Group (Arizona State University) V. Resumes of Key Personnel Byron McGough Job Title: Vice President, General Manager Education: Bachelor of Arts, Social Sciences, Colorado State University, 1982 Years of Experience in Construction: 34 Years with Wattle & Daub: 15 Professional Registrations: • Class B General Contractor License, City of Cheyenne • Class C General Contractor License, City of Fort Collins • Class I General Contractor License, City of Sterling Areas of Specialization: Construction management and administration Experience and Qualifications: Byron McGough began his career in construction in 1980 as an inspector with the Colorado State University Facilities Management Team. He was directly involved with comprehensive, campus -wide roof replacements stemming from severe hail in the late 1970's and with the Controlled Maintenance Program. Upon relocating to the private sector, Byron was employed as an estimator, project manager, and division manager for a large regional construction firm. Since joining Wattle & Daub in 1999, Byron has served as Senior Project Manager for the following historic restoration projects: the Wyoming State Capitol (roof replacement, stained glass restoration, lightning Wattle and Daub Contractors, Experience and Qualifications, Page 7 0 • • protection), the Fort Collins Museum of Contemporary Art, the Elk Mountain Hotel, the Jackson County Courthouse (Phases 1 and 2), the Historic Ault High School (Phases 1-4), the O.T. Jackson House, the Julesburg Hippodrome, the Nunn Municipal Building, the Historic Hoverhome, the HarveyJ. Parish House, the Romero House, the Julesburg Library, the Gates Mercantile Building, the First Presbyterian Church of Sterling, the Schweiger Ranch, the Julesburg Union Pacific Depot, the Como Eating House, the Logan County Courthouse, the Avery Building, the First National Bank Building, the First Congregational Church of Loveland, the Amache Guard Tower and Water Tower, Bobcat Ridge, and the Wallace County Courthouse. Andy Carlson Job title: Director of Operations Education: B.S. in Philosophy, University of Denver, 1991 M.A. and Ph.D. in Philosophy, Penn State, 1997. Years of Experience in Construction: 12 Years with Wattle and Daub: 5 Professional Credentials: • LEED-AP • Former Vice President, Association for Preservation Technology, Rocky Mountain Chapter • Contractors "C" License and Supervisor's Certificate, City and County of Denver Areas of Specialization: Project management, window restoration, framing and finish carpentry • Experience and Qualifications: Andy Carlson began his career by earning a Ph.D. in Philosophy in 1997. In 2001, he helped a friend to fix up an older home and thereby set out on his current career path. In 2004, Andy earned his Contractors License and set up his own remodeling company, specializing in the restoration and renovation of historic homes in the Denver area. In this company, Andy handled most of the framing and finish carpentry duties, himself, as well as serving as the general contractor and overseeing all aspect of historic home renovation. To sharpen his preservation skills, Andy took a job with a window restoration company in 2008 and became well versed in the restoration of historic windows. • Andy joined Wattle and Daub in the spring of 2009, where he has served as a carpenter and window restoration specialist on projects including the Romero House in Fort Collins, Fort Caspar in Casper, Wyoming, Dannel's Cabin at Meadow Mountain Ranch, the Logan County Courthouse in Sterling, the Schweiger Ranch in Lonetree, the Historic Hoverhome in Longmont, and Zion Congregational Church in Sterling. He has further served as project manager on projects at Fort Caspar, the Logan County Courthouse, Historic Hoverhome, Zion Congregational Church, the Avery Block Building in Fort Collins, the First Congregational Church of Loveland, and the First Presbyterian Church of Sterling, the Meeteetse Bank Museum in Meeteetse, Wyoming, the Larimer County Children's Advocacy Center in Fort Collins, the Douglas Masonic Lodge in Castle Rock, the Wallace County Courthouse in Sharon Springs, Kansas, and the Wyoming Frontier Prison in Rawlins. Wattle and Daub Contractors, Experience and Qualifications, Page 8 Bobcat Ridge Bid #7666 CITY OF FORT COLLINS BID # 7666 • RESTORATION SERVICES SPECIFIC TO THE REHABILITATION AT BOBCAT RIDGE EMPIRE CARPENTRY LLC JULY 10" 2014 Contact Information: Empire Carpentry LLC PO Box 245 Bellvue, Colorado 80512 (970) 493-3499 (970)493-2088 fax empire@verinet.com Contact: Kevin Murray (970) 566-5743 Type of Business: Restoration and Rehabilitation Contractor Empire Carpentry and Wattle & Daub have worked together on previous projects, including the OTJackson House stabilization in Dearfield, Colorado and rehabilitation of the High Plains • Museum in Nunn, Colorado. The first phase of Bobcat Ridge was completed by this same alliance. All jobs were partially funded by the State Historic Fund. Empire Carpentry has worked on many projects with Aller — Lingle - Massey, our Architect for this Project. Of note are the Trolley Barn Interior finish in Fort Collins, and three facades in Blackhawk, Colorado. Empire Carpentry has enjoyed working with our Engineer, JVA on many projects, including the Dearfield site, The Echo Lake Lodge and recently the rehabilitation of the old Ford dealership into the new Beau Jo's restaurant, in downtown Fort Collins. Empire Carpentry brings a full palate of Historic Preservation tools to the project, but specifically knowledge of the site, having worked on the phase one of the Bobcat Ridge project, with Wattle & Daub. We bring a staff of carpenters and supervisors, who understand the Secretary of the Interiors Standards, and have worked on numerous historic projects throughout the area (see relevant work history). Most of our jobs now include some level of design/build theory. Working with old buildings requires a certain time to "discover' actual conditions. Then the design team comes up with a historically suitable plan to present to the Owner, Empire Carpentry will use its expertise to • Empire Carpentry LLC Page 1 Bobcat Ridge Bid #7666 • stabilize the structures, help generate the design plans, and accomplish the goals of the project to both the City's and History Colorado's standards. • As required, Empire Carpentry holds a C-1 License with the City of Fort Collins (C1-2). We also hold a class B license with Larimer County. EMPIRE CARPENTRY RELEVANT WORK HISTORY SUMMARY AND REFERENCES PROJECTS WITH FUNDING ASSISTANCE BY THE COLORADO STATE HISTORICAL FUND Bobcat Ridge Homestead Cabin & Barn Masonville, Colorado Owner: City of Fort Collins Architect: AE Design Work Completed: Job done as partners with Wattle & Daub Construction. Empire work included: Deconstruction and restoration of log cabin with as much original fabric as possible and roofing of historic barn. (Winter 2012 & Spring 2013). Seckner Addition, Murdock Block Eads, Colorado Owner: Kiowa County Architect: Zink & Associates, Fort Collins, Colorado Work: Stabilize existing 2 story brick structure, including: demolish and abate roof and 2 floors, rehabilitate exterior, masonry walls, and rebuild 2"d floor & roof systems. (2012) Virginia Dale Stage Station Virginia Dale, Colorado Owner: Virginia Dale Community Club Architect: CRM Architects, Livermore, Colorado Work Completed: Stabilization & Rehabilitation of building. Raise building and replace rotten log work with new logs tooled similar to originals. Rebuild stone foundation and stabilize with hidden piers. Stabilize floor system. (Winter 1997,1998) Franz -Smith Cabin Fort Collins Museum Courtyard 200 Mathews Fort Collins, Colorado Empire Carpentry LLC Page 2 Bobcat Ridge Bid #7666 Owner: City of Fort Collins • Architect: Gerou & Associates, Evergreen, Colorado Work Completed: Consultant on Historic Structure Assessment Report for the Museum by Anthony & Associates and Colorado State University's Architectural Preservation Institute (Fall 2001). Rehabilitation of Cabin Including: Place cabin on foundation. Replace rotten log work using similar tool methods. Build roof system similar to original (missing) roof. Rebuild and restore doors and windows. Plaster interior of cabin. Install masonry chimney (Summer 2004). WORK COMPLETED ON SIGNIFICANT JOBS NOT LISTED ABOVE Northern Colorado Feeders Supply Warehouse 300 Hickory Street, Fort Co1Gns, Colorado Owner: NCFS Inc. Engineer: JVA Work Completed: Stabilize barn/warehouse; jack up and restore sagging roof system; reset posts to support roof. (Spring 2014) Bellvue Store Bellvue, Colorado Owner: Anson & Beverly Perina • Engineer: CTL Thompson Work Completed: Stabilize historic building, mitigate rot and rebuild exterior structure, stabilize floor system, Place new foundation under part of building and regrade. (FaH 2007) 2011). .. Foster Ranch Jemez Springs, New Mexico Owner: Manzano Day School, Albuquerque, NM Work Completed: Design/Build: Developed a Structural Analysis and Budget for the historic Bunkhouse. Developed Budget and design for historic hay barn rehabilitation. Stabilization & Rehabilitation of bunkhouse. Replace rotten sill logs and other assorted logs. Copy joinery of original logs. Install chinking and daubing. Reinforce stone foundation and regrade site for drainage. (Summer/Fall 2010) MEMBERSHIPS AND LICENSES City of Fort Collins Contractor License C1-2. Larimer County class B License. City & County of Denver Class B License. Empire Carpentry LLC Page 3 Bobcat Ridge Bid #7666 • • Included on Contractor Referral Short List, Landmark Rehabilitation Grant Program, City of Fort Collins. • • Included on the "Pre -Qualified Consultants List' for the Design Assistance Program through the City of Fort Collins Landmarks Preservation Committee and Historic Preservation Office. • Included in the Directory of Cultural Resource Management Agencies, Consultants and Personnel for Colorado by the Colorado Historical Society. • Member: Timber Framer's Guild of North America. • Member: National Trust for Historic Preservation • Member: Colorado Preservation Inc. Presenter at 2006 Conference • Member: US Green Building Council • CSU. Green Building Certificate, 2008 • Established 1979 REFERENCES Cheryl Donaldson (970-416-2709) Museum Director Fort Collins Museum 200 Mathews Fort Collins, CO 80524 Cheri Gerou AIA (303-674-4177) Gerou & Associates 3065 Whitman Drive Evergreen, Colorado 80437 Steve Forvilly (303-880-6780) Project. Manager, Denver Public Works City & County of Denver Jim Cox AIA (970-493-1220) Architecture Plus 318 E Oak Street • Empire Carpentry LLC Page 4 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 i 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 Title: ATTEST: By: (SEAL) By: Section 00410 Page 2 (SEAL) • 0 Bobcat Ridge Bid #7666 Fort Collins, Colorado 80524 • • 0 Empire Carpentry LLC Page 5 • Peter Farquhar, Farquhar Masonry Background and Credentials Farquhar Masonry 900 West Prospect Rd. Fort Collins, CO 80526 YEARS OF EXPERIENCE IN MASONRY: 36 YEARS DOING BUSINESS AS FARQUHAR MASONRY: 13 970-218-4423 970-493-3975 (Fax) peter.farquhar@comeast.net AREAS OF SPECIALIZATION: Stone Work, Masonry Repair, Historic Masonry Restoration EXPERIENCE AND QUALIFICATIONS: Farquhar Masonry is a small, non -union, masonry company wholly owned by Peter Farquhar with average annual sales of approx. $250,000.00 in the small commercial, custom residential, and historical restoration markets. The company's emphasis is on authentic stonework, masonry repair, and historic masonry restoration. Successfully completed projects include numerous historic schools, churches, and turn of the century houses in the northern Colorado area. Pete feels that, in his areas of emphasis, his company is extremely competitive in terms of both price,and quality. Pete started the company in 2001 after working in the office of the Growling Bear Company as an estimator for 1 year and then spending 15 years as a masonry foreman for Soderberg Masonry of Fort Collins. From 1978 to 1984 Pete worked for various masonry contractors in the Fort Collins area, obtaining his Journeyman Mason's card in 1983. Farquhar Masonry was started as a company of one, with employees first added in 2004. The company has never had an insurance claim and its Workers Compensation modifier rate is 0.95. Professional References Fred Haberecht Landscape Architect John Sinnett Project Manager Dennis Sovick Owner Kevin Murray Owner Colorado State University 970 419-0162 Sinnett Const. 970 493-1770 Sovick Design Blders 970 493-6381 Empire Construction 970 566-5743 FIRM PROFILE Alter* Lingle -Massey Architects P.C. Alter -Lingle -Massey Architects P.C. is a comprehensive architecture and planning firm, providing design services for a broad range of project types. The firm is directed by principals Mick Alter, AIA, David Lingle, AIA, and Brad Massey, AIA, based upon a philosophy of innovative design, technical excellence and outstanding client service. Founded in 1986 as Alter -Lingle Architects P.C., the firm is committed to design excellence, but with a vision for the practice where the principals remain involved in all phases of a project. The fine has grown into a group of 14 professionals, including nine registered architects and eight LEED accredited professionals, who work collaboratively to produce solid design solutions for each project. Architects are currently licensed to practice in Colorado, New Mexico, Wyoming, Nebraska and Minnesota. DESIGN LEADERSHIP Alter -Lingle -Massey Architects P.C. has built a reputation as an award -winning design firm. We were honored as the 2002 Firm of the Year by the American Institute of Architects for both AIA Colorado and AIA Colorado North Chapter. Our Colorado nomination resulted in our being named 2003 Firm of the Year by the AIA Western Mountain Region, encompassing six states in the mountain west area. The firm has also earned a number of AIA Honor, Merit and Citation design awards, as well as more than 30 state, regional and national design awards by a variety of other professional organizations, construction and industry groups, and publications. SUSTAINABILITY Alter -Lingle -Massey Architects P.C. is a recognized leader in environmentally -sensitive design, creating sustainable, high-performance building designs appropriate to a project's goals and budget. Our design approach embraces philosophies and technologies of sustainable design into the programming and conceptual design of each project, fostering an integrated approach where all design team members are encouraged to explore the benefits of innovative, high efficiency solutions. Many of our project designs have been certified under the U. S. Green Building Council's LEED sustainable design program at the "Platinum", "Gold" and "Silver" levels. EXTENSIVE EXPERIENCE Alter -Lingle -Massey Architects P.C. has consistently produced designs that embody the highest standards of creativity and innovation, while remaining sensitive to function, site context, sustainability and cost- effectiveness. Our firm has gained a broad background in a variety of project types, ranging in scale from $250,000 to over $60 million, including: • Government and • Historic Rehabilitation Institutional and Restoration • University and Higher • Historic Structure Education Assessments and Master • Elementary and Plans Secondary Education • Parks, Recreation and • Theaters and Community Facilities Conference Centers • Sports and Athletic • Affordable and Market Facilities Rate Housing • Research and Diagnostic • Mixed -Use Urban Laboratories Housing • Transportation Facilities • Student Housing and • Office, Medical and Dining Facilities Multi -tenant Commercial • Facilities Master • Light Industrial Planning and Space Needs Assessments Alter. Lingle -Massey Architects P.C. client base is approximately 70% public sector and 30% private. lJ • 0 Alter -Lingle -Massey Architects P.C. FIRM PROFILE - 2 • QUALITY CONTROL Quality control is a top priority of our firm. Alter•Lingle•Massey Architects P.C. has implemented an in-house quality assurance plan for each of the project's design phases; including an independent review at the end of each phase by one of the firm's principals not managing the project. We encourage our design staff and consultants to develop and organize the construction documents in a consistent and logical progression, related to the anticipated sequence of construction or site development, fostering an appreciation for what they would need on the jobsite if they were the contractor. We have also implemented construction phase and post -construction reviews with our design staff to assess the quality, completeness, accuracy and constructability of the design and construction documents produced for each project. INSURANCE PROVISIONS Alter-Lingle•Massey Architects P.C. carries insurance with the following limits: • Comprehensive General Liability: - $1,000,000 each occurrence $2,000,000 aggregate • Automobile Liability: $1,000,000 combined single limit • Workmen's Compensation: Statutory • Professional Liability: $2,000,000 per claim $2,000;000 aggregate Aller•Lingle.Mmsey Architects P.C. EXPERIENCE IN INTEGRATED DESIGN/BUILD PROJECTS Aller•Lingle -Massey Architects P.C. Cargill Research Facility Expansion Fort Collins, Colorado, 2013-14 $10,000,000; Research and office space expansion of Cargill's Fort Collins campus. Phase 1 facilities include 16,800 sq. ft. of office space in an open plan design with meeting and training rooms, and 24,000 sq. ft. of seed research laboratories with an interconnected support building. Phase 2 will include multiple freestanding greenhouses .for seed research. Alter.Lingle•Massey Architects P.C. was associated with Dohn Construction in this design/build project. Baker Hall Renovation University of Colorado -Boulder Boulder, Colorado, 2012-14 $29,564,000; Extensive renovation of the iconic 1937 Charles Klauder-designed residence hall. Interior renovation of the 113,650 sq. ft., 5-story building included modernization of the residential wings to create 450 beds of student housing meeting current CU housing standards, renovation of the main and garden levels for a new "Great Room" and other common amenities, new.space for the Natural Sciences and Environmental programs of the College of Liberal Arts Residential Academic Program (RAP), and improvements to provide full handicapped accessibility. ' Exteriorrenovation includes redesign of the east and west courtyards to better activate these spaces into the surrounding campus, redesign of the enclosed north courtyard to enlarge garden level window wells, improved bike parking facilities around the building, creation of a new primary south entrance on the main level to replace the existing loading dock, new energy -efficient windows, and exterior rehabilitation of the Tuscan Vernacular building. Aller•Lingle -Massey Architects P.C. joined with Whiting -Turner Contracting in an integrated design/build project delivery approach. • • 0 • EXPERIENCE IN INTEGRATED DESIGN/BUILD PROJECTS -'2 Williams Village North Expansion University of Colorado Boulder, Colorado, 2009-11 $36,000,000; New 125,000 sq. ft., 500-bed, on -campus residence hall, including ground level space for two residential academic programs. The 6-story design contains 10,000 sq. ft. of classroom, computer lab and faculty support, and integrates 5,000 sq. ft. of office space for the University's Conference Services department. This facility will be designed using the U. S. Green Building Council's (USGBC) LEED Green Building Rating System, with a target. of "Platinum" certification. The Universitys commitment to sustainability is not limited to LEED certification, but carries through to the incorporation of interactive components that allow the building and surrounding site to educate its residents on the necessity of sustainability in the built environment. Alter -Lingle -Massey Architects P.C. joined with Mackey Mitchell Architects and Whiting -Turner Contracting Co. in an integrated design/build project delivery approach, working with CU's Campus Design Review Board to win the University's design/build competition for this project. Alter•Lingte•Massey Architects P.C. provided full architectural and engineering design services and was the Architect of Record for the project. Northside Aztlan Community Center City of Fort Collins Fort Collins, Colorado, 2005-07 $8,625,500 budget; 50,000 sq. ft. community center to replace the existing 15,000 sq. ft. facility. Spaces include a 3-court gymnasium with running track, fitness center, aerobics/dance, studio, wrestling area, multipurpose meeting rooms with catering kitchen, classrooms and computer labs, intergenerational activity room, locker rooms and administrative support spaces. This facility was designed using the U. S. Green Building Council's (USGBC) TEED Green Building Rating System and achieved a "Silver' certification. Alter -Lingle Architects P.C. worked with Sink Combs Dethlefs and Pinkard Construction, and won a design/build competition for this project. Summit Hall Undergraduate Student Housing Colorado State University Fort Collins, Colorado, 2002-04 $17,215,400; 535-bed, on -campus undergraduate student housing development. The project was developed as a 4-story, dormitory style structure, including 175 residential suites and common facilities. Alter -Lingle Architects P.C. was associated with Pinkard Construction and won a design/build competition for this project. Alter -Lingle -Massey Architects P.C. EXPERIENCE IN PROJECTS FUNDED BY SHF GRANTS Alter* Lingle *Massey Architects P.C. Historical Photo - Circa 1948 Lyons Depot Library Restoration Town of Lyons, Colorado, 2014-15 1,475 sq. ft. exterior and interior rehabilitation of the 1885 sandstone depot and circa-1910 wood framed railroad freight building, currently used as the Town Library and severely damaged in the September 2013 flood of the N. St. Wain River. The original depot is listed on the National Register of Historic Places. SHF Historic Preservation Specialist: Estella Cole First National Bank of Berthoud Exterior Rehabilitation Town of Berthoud, Colorado, 2010-11 $117,200; Historical facade rehabilitation, including brick masonry restoration, window rehabilitation and reconstruction of the missing storefront window. SHF Historic Preservation Specialist: Anne McCleave The Heller Center for Arts and Humanities University of Colorado -Colorado Springs, 2008-09 Archival research, historical landmark nomination, historic structures assessment and site master planning for the 35-acre Heller Center property. The 4-building complex was constructed over the period of 1935 to 1982, and includes the original house, guest house/ greenhouse, gallery and bam. The property was bequeathed to the University with the intent of restoring the property for use as art studios, classrooms, artist -in -residence housing and community meeting space. SHF Historic Preservation Specialist: Anne McCleave First German Congregational Church Restoration and Rehabilitation Loveland, Colorado, 2007-08 $161,200; Phase 1 historical facade restoration and interior rehabilitation of the 1915 Richardsonian Romanesque/Gothic Revival church, including brick masonry restoration, stained glass window restoration and electrical improvements. SHF Historic Preservation Specialist: Anne McCleave 0 9 0 • EXPERIENCE IN PROJECTS FUNDED BY SHF GRANTS - 2 German Congregational Church Restoration and Rehabilitation - Phases 1 and 2 Longmont, Colorado, 2007-08 and 2010-11 $173,500; 2-phase historical facade restoration and interior rehabilitation/remodeling of the 1924 vernacular wood church, including reconstruction of the original bet[ tower and handicapped accessibility improvements. Both phases of the project received SHF grants. SHF Historic Preservation Specialist: Estella Cole Nix Farm Barn Restoration City of Fort Collins, Colorado, 2006 $97,000; Restoration of the Nix Farm dairy barn, including reconstruction of missing windows and barn doors. SHF Historic Preservation Specialist: Anne McCleave Lincoln Hotel Facade Restoration Loveland, Colorado, 2005.07 $445,000; Historical facade restoration, including reconstruction of the ground level wood and glass storefront, brick masonry restoration, window rehabilitation and preservation of an original - wall billboard for use as a mural for the City of Loveland's Art in Public Places program. This project was not built to our design. SHF Historic Preservation Specialist: Gheda Gayou Castle Creek Power Plant Restoration City of Aspen, Colorado, 2004-05 $384,000; Historical restoration of the 1892 Generator Building, including installation of new galvanized, corrugated metal roofing over rigid nailbase roof insulation panels, in order to demolish the non -original interior ceiling and expose the original steel roof trusses. SHF Historic Preservation Specialist: Gheda Gayou Plumb Farm House Restoration City of Greeley, Colorado, 2002-03 $87,700; Minor interior and exterior restoration of the historic Plumb Farm House, including reconstruction of the original rear enclosed sun porch, and construction of a new rear deck with vertical wheelchair lift for handicapped accessibility. Built in 1907, the house (after restoration work) is now listed on the National Register of Historic Places. SHF Historic Preservation Specialist: Gheda Gayou Alter -Lingle -Massey Architects P.C. EXPERIENCE IN PROJECTS FUNDED BY SHF GRANTS - 3 UJ Buckingham/Gordon Building Facade Restoration Greeley, Colorado,1999-2003 $100,300; Historical facade restoration, including removal of the 1960s-era composite panels to expose the original brick and cast concrete stone facade, window restoration and reconstruction of the original street -level storefront. SHF Historic Preservation Specialist: Estella Cole Trolley Car Barn City of Fort Collins, Colorado, 1999 $112,000; Stabilization and restoration of the west facade of the 1907 Trolley Car Barn, originally built for the Fort Collins Municipal Railway. SHF Historic Preservation Specialist: Not known Norcross House Restoration City of Greeley, Colorado, 1998 I* $85,000; Exterior restoration of the historic Norcross House, including reconstruction of two exterior porches, originally built in 1883 in the Stick and Italianate styles. SHF Historic Preservation Specialist: Estella Cole CFtS Railroad Freight Depot Stabilization City of Fort Collins, Colorado, 1996-97 $288,000; Stabilization and partial historical restoration of the 1906 depot, including reconstruction of the original entry stairs and rehabilitation of the brick, sandstone and guRwing canopies. SHF grant funding was involved in the Phase 1 stabilization and exterior restoration work on the historic C&S Railroad Freight Depot. SHF Historic Preservation Specialist: Not known Alter -Lingle -Massey Architects P.C. • I] L • EXPERIENCE IN PROJECTS FUNDED BY SHF GRANTS - 4 Rialto Theater Restoration City of Loveland, Colorado, Downtown Development Authority,1992.96 $1,235,500; 3-phase historical restoration of the 550-seat theater, including restoration of the Neo-Classical terra cotta facade and complete renovation of the theater's interior. SHF (and its .predecessor entity) provided grant funding for all three phases of the restoration. SHF Historic Preservation Specialist: Not known Aller-Lingle•Massey Architects P.C. SECTION 00610 PERFORMANCE BOND Bond No. S419182 KNOW ALL MEN BY THESE PRESENTS: that Wattle & Daub Contractors 8 Gibbs Road, Laramie, WY 82070 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm)(Address) hereinafter referred to as "the Surety", are held and finely 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 One Hundred Forty -Eight Thousand Twenty Dollars ($148 020) 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, finely by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 28' day of July, 20 44 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, . 7666 Bobcat Ridge Historic Buildings Rehabilitation . 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 tens 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 * Employers Mutual Casualty Company, P. O. BOX 712, DES MOINES, IA 50306 - 0712 0 EXPERIENCE IN HISTORIC REHABILITATION AND RESTORATION PROJECTS Aller.Lingle•Massey Architects P.C. Historic Structure Assessments Various Locations in Colorado, 2000-Present Historic structure assessments, completed to the guidelines of History Colorado, the Colorado Historical Society, the State Historical Fund (SHF), and the U. S. Secretary of the Interiors Standards for Rehabilitation. To date, more than 30 HSAs have been completed by Alter•Lingle•Massey Architects P.C. Past work includes the Hyatt -Spence Ranchstead in Larimer County and the Coy -Hoffman Farm in Fort Collins. Lyons Depot Library Restoration Town of Lyons, Colorado, 2014-15 1,475 sq. ft. exterior and interior rehabilitation of the 1885 sandstone depot and circa-1910 wood framed railroad freight building, currently used as the Town Library and severely damaged in the September 2013 flood of .the N. St. Vrain River. The original depot is listed on the National Register of Historic Places. • EXPERIENCE IN HISTORIC REHABILITATION AND RESTORATION PROJECTS - 2 Jessup Farm Fort Collins, Colorado, 2013-14 Historic restoration and/or rehabilitation of several original agricultural buildings at Jessup Farm, including the original brick farmhouse, barn, loafing shed, saddle shop, garage and chicken coop. Baker Hall Renovation University of Colorado -Boulder Boulder, Colorado, 2012-14 $29,564,000 budget; Extensive renovation of the iconic 1937 Charles Klauder-designed residence hall. Interior renovation of the 113,650 sq. ft., 5-story building included modernization of the residential wings to create 450 beds of student housing meeting current CU housing standards, renovation of the main and garden levels for a new "Great Room" and other common amenities, new space for the Natural Sciences and Environmental programs of the College of Liberal Arts Residential Academic Program (RAP), and improvements to provide full handicapped accessibility. Exterior rehabilitation includes redesign of the east and west courtyards to better activate these spaces into the surrounding campus, redesign of the enclosed north courtyard to enlarge garden level window wells, improved bike parking facilities around the building, creation of a new primary south entrance on the main level to replace the existing loading dock, new energy - efficient windows, and exterior rehabilitation of the Tuscan Vernacular building. Aller.Lingle"Massey Architects P-C_ EXPERIENCE IN HISTORIC REHABILITATION AND RESTORATION PROJECTS - 3 First National Bank of Berthoud Exterior Rehabilitation Town of Berthoud Berthoud, Colorado, 2010-12 $117,200; Historical facade rehabilitation, including brick masonry restoration, window rehabilitation and reconstruction of the missing storefront window. Community Marketplace Study Fort Collins Downtown Development Authority Fort Collins, Colorado, 2011 Historic building assessment and conceptual design studies of new construction and rehabilitation of the historic Northern Colorado Feeder's Supply building into a mixed -use community marketplace. Uses are programmed to include flex space for a year-round farmers market, community meeting space, a cafe and an enlarged, relocated Fort Collins Food Co-op. ALLer.Lingle.Massey Architects P.C. EXPERIENCE IN HISTORIC REHABILITATION AND RESTORATION PROJECTS - 4 Heller Guest House Restoration The Heller Center for Arts and Humanities University of Colorado -Colorado Springs Colorado Springs, Colorado, 2010-12 $550,000; Phase 2 restoration of the Guest House, including the complete reconstruction of the greenhouse. Rehabilitated spaces include an artist -in -residence apartment and accessible public unisex restrooms. Heller Main House Restoration The Heller Center for Arts and Humanities. University of Colorado -Colorado Springs Colorado Springs, Colorado, 2009-10 $1,000,000; Restoration of the Main House, Phase 1 of work to restore the historic buildings of the Heller Center for Arts and Humanities. Work included restoration of the exterior of the house to its circa 19413 appearance, rehabilitation of the interior for use for small university classes and receptions, and upgraded utility infrastructure serving the property. Aller•Lingte•Massey Architects P.C. EXPERIENCE IN HISTORIC REHABILITATION AND RESTORATION PROJECTS - 5 0 First German Congregational Church Restoration and Rehabilitation Loveland, Colorado, 2007-08 $161,200; Phase 1 historical facade restoration and interior rehabilitation of the 1915 Richardsonian Romanesque/Gothic Revival church, including brick masonry restoration, stained glass window restoration and electrical improvements. German Congregational Church Restoration and Rehabilitation Longmont, Colorado, 2007-08 and 2010-11 $173,500; 2-phase historical facade restoration and interior rehabilitation/remodeling of the 1924 vernacular wood church, designated as a City of Longmont historic landmark. Exterior restoration included reconstruction of the missing upper portion of the crenellated church tower, restoration of broken or missing stained glass windows, replacement of the main entrance doors and raised front stoop, reroofing with historically -appropriate wood shingles, and handicapped accessibility improvements. 17-Mile House Historic Master Plan . Arapahoe County Arapahoe County, Colorado,2006-07 _ Master planning and conceptual design for restoration and rehabilitation of the circa 1864 17-Mile house, barn and silo, and reconstruction of the original windmill, as part of the master plan for the 70-acre historical heritage/natural area site in southern Arapahoe County. Nix Farm Barn Restoration City of Fort Collins Fort Collins, Colorado, 2006 $97,000; Restoration of the Nix Farm dairy barn, including reconstruction of missing windows and bam doors. The Nix Farm farmstead has been locally designated as an historic site. Atler.Lingle•Massey Architects P.C. 0 • • EXPERIENCE IN HISTORIC REHABILITATION AND RESTORATION PROJECTS - 6 Lincoln Hotel Facade Restoration Loveland, Colorado, 2005-07 $445,000; Historical facade restoration, including reconstruction of the ground .level wood and glass storefront, brick masonry restoration, window rehabilitation, preservation of an original wall billboard for use, as a mural for the City of Loveland's Art in Public Places program, and preservation of an original "ghost sign" high on the west facade. This project was not built entirely to our design. Castle Creek Power Plant Restoration City of Aspen Aspen, Colorado, 2004-05 $384,000; Historic restoration of the 1892 Generator Building, including installation of new galvanized, corrugated metal roofing over rigid nailbase roof insulation panels, in order to demolish the non -original interior ceiling and expose the original steel roof trusses. Meyer Building/McClusky Mercantile Facade Restoration, Loveland, Colorado,2G03-04 $75,000; Historical facade restoration, including reconstruction of the ground level wood and glass storefront and reconstruction of the original street facade stairway to the second floor. Trolley Car Barn Interior Restoration City of Fort Collins Fort Collins, Colorado, 2003 $95,000; Limited interior restoration of the administration office area,of the 1907 Trolley Car Barn. Atler-Lingle.Massey Architects P.C. EXPERIENCE IN HISTORIC REHABILITATION AND RESTORATION PROJECTS - 7 Trolley Car Barn Facade Restoration City of Fort Collins Fort Collins, Colorado, 1999 $112,000; Exterior restoration of the west facade of the 1907 Trolley Car Barn, originally built for the Fort Collins Municipal Railway, including reconstruction of the original wood double trolley bay doors. Plumb Farm House Restoration City of Greeley Greeley, Colorado, 2002-03 $87,700; Minor interior and exterior restoration of the historic Plumb Farm House, including reconstruction of the original rear enclosed sun porch, and construction of a new rear deck with vertical wheetchair lift for handicapped accessibility. Built in 1907, the house (after restoration work) is now listed on the National Register of Historic Places. Morse Coffin Homestead Restoration Sandstone Ranch Community Park, City of Longmont Longmont, Colorado, 1998-2000 • $210,000; Limited restoration of the historic Coffin House, and complete restoration of the barn and ice house, part of the multi - phased development of the $7,690,DOb Sandstone Ranch Community Park. The house was constructed in the early 1880's' and is listed on the State and National Registers of Historic Places; as well as being designated as a Local Landmark. Uses for the manor house include an interpretive center and museum, community meeting space and administrative offices for the Parks and Recreation Department. The project was, awarded a Stephen H. Hart Award from the Colorado Historical Society. 0 Aller•Lingte•Massey Architects P.C. 0 0 EXPERIENCE IN HISTORIC REHABILITATION AND RESTORATION PROJECTS - 8 Fitzgeralds Casino Expansion Black Hawk, Colorado, 2000-08 Historical architectural consulting related to the inclusion of three historic structures into the design for the expansion of the casino, including preparation of a Historic American Building Survey (NABS) for the buildings to National Park Service standards. The facades of the 1895 and 1905 110-130 Gregory Street buildings, including the Masonic Building, and the 1864 Rohling Inn were meticulously restored, with the new infill structures sensitively designed to respect the historic streetscape. Alter. Lingle -Massey Architects P.C. worked in association with ICI Design. Nix Farm Rehabilitation City of Fort Collins Fort Collins, Colorado, 1998-2002 $1,558,950; Feasibility study, master planning and design for rehabilitation of the Craftsman style main house, bam, loafing shed and other outbuildings for use by the City's Natural Resources staff for office, maintenance and support space, including a public meeting room and a new 5,400 sq. ft. centralized maintenance facility. The entire farmstead has been locally designated as an historic site. C&S Freight Depot Downtown Transit Center City of Fort Collins Fort Collins, Colorado, 1999-2001 $1,869,600; Phase 2 historic restoration of the 6,000 sq. ft. Colorado and Southern Railroad Freight Depot, built in 1906, and site development for a new downtown multi -modal transit center. Users include Transfort city bus service, TNMfcO Greyhound regional bus service, taxi services, airport shuttle service and office space for the City of Fort Collins' Transportation Demand Management division. Atler-Ungle-Massey Architects P.C. EXPERIENCE IN HISTORIC REHABILITATION AND RESTORATION PROJECTS - 9 Buckingham/Gordon Building Facade Restoration is City of Greeley Greeley, Colorado,1999-2004 $100,300; Historical facade restoration, including removal of the 1960s-era composite fascia panels to expose the original brick and cast stone facade, window restoration and reconstruction of the original street -level wood and glass storefront. Norcross House Restoration City of Greeley Greeley, Colorado, 1998 $85,000; Exterior restoration of the historic Norcross House, including reconstruction of two exterior porches, originally built in 1883 in the Stick and Italianate styles. The restored residence now houses the Latino Chamber of Commerce. TA Guest Ranch/Conference Center Additions of the Granary, Bunkhouse and Cookhouse Buildings Buffalo, .Wyoming, 1996 $350,000 budget; Design and limited construction documents for additions to threebuildings at the TA .Guest Ranch, a state designated historic district and site of the 1892 Johnson County War. The Granary was renovated for use as a conference facility, with a 1,970 sq. ft. addition housing a lounge, office, kitchen and service facilities as well as three new guest rooms. The Bunkhouse was renovated with a 1,170 sq. ft. addition added for five guest rooms, complete with a living/dining room and kitchen for small groups and family reunions. A 600 sq. ft. addition to the Cookhouse added an enclosed dining room for up to 35 guests. The Granary and Cookhouse buildings are contributing structures to the historic district, and the additions were designed within the guidelines of the Secretary of the Interior's Rehabilitation Standards. Aller.Lingte.Massey Architects P.C. EXPERIENCE IN HISTORIC REHABILITATION AND RESTORATION PROJECTS - 10 f.J • • South College Gymnasium Rehabilitation Colorado State University Fort Collins, Colorado, 1996-97 $1,673,000; Extensive interior rehabilitation and exterior rehabilitation of the original campus gymnasium facility. Vocational Education Building Restoration Colorado State University Fort Collins, Colorado, 1995-96 $476,9W 11,500 sq. ft. restoration and interior renovation of the 1910 Vocational Education Building for use as office and Laboratory space for the Center for Ecological Management of Military Lands (CEMML). Alter -Lingle -Massey Architects P.C. E L EXPERIENCE IN HISTORIC REHABILITATION AND RESTORATION PROJECTS - 11 Rialto Theater Loveland Downtown Development Authority Loveland, Colorado, 1992-96 $1,235,500; Historic restoration of the 550-seat Rialto Theater in downtown Loveland, including restoration of the Neo-Classical terra cotta facade and complete renovation of the theater's interior. The theater was ,built in 1920 and is listed on the National Register of Historic Places. Alter -Lingle Architects P.C. worked in conjunction with AE Design Associates on this project. 9 • Atler•Lingle•Massey Architects P.C. • CLIENT REFERENCES Aller•Lingle•Massey Architects P.C. Lyons Depot Library Restoration Town of Lyons, Colorado Services: • Full architectural and engineering services • Coordination with SHF grant administrator and SHF historic preservation specialist Dates of Services: • July 2014 to present (project underway) First National Bank of Berthoud Exterior Rehabilitation Town of Berthoud, Colorado Services: • Historic Structure Assessment • Full architectural and engineering services • Coordination with SHF grant administrator and SHF historic preservation specialist Dates of Services: • HSA: 2004 • Design and Construction: 2010-12 Heller Guest House Exterior Restoration and Interior Rehabilitation Heller Main House Exterior Restoration and Interior Rehabilitation Heller Property Historic Structure Assessment and Site Master Planning University of Colorado -Colorado Springs, Colorado Services: • Archival Research • Historic Site Master Planning • Historic Structure Assessment • Full architectural and engineering services for both project phases • Coordination with SHF grant administrator and SHF historic preservation specialist for HSA Dates of Services: • HSA: 2008-09 • Phase 1 Main House: 2009-10 • Phase 2 Guest House: 2010-12 0 Ms. Christina Wells Lyons Depot Task Force (720) 271-0552 (cell) Mr. Tim Katers Planner Town of Berthoud 328 Massachusetts Avenue Berthoud, CO 80513 (970)532-2643 Ms. Perrin Cunningham Director, The Heller Center for Arts and Humanities University of Colorado -Colorado Springs 1420 Austin Bluffs Parkway P. O. Box 7150, Admin. 4 Colorado Springs, CO 80933 (719)330-3463 German Congregational Church Exterior Restoration and Interior Rehabilitation - Phases 1 and 2 Longmont, Colorado Services: • Historic Structure Assessment • Full architectural and engineering services for both project phases • Coordination with SHF grant administrator and SHF historic preservation specialist Dates of Services: • HSA: 2005 • Phase 1: 2007-08 • Phase 2: 2010-11 CLIENT REFERENCES - 2 Ms. Kay Ewing Community of Christ Church 641 Martin Street Longmont, CO 80503 (303)485-6477 is • Alter-Lingle•Massey Architects P.C. • D"ID B. LINGLE, AIA, LEER AP Affiliations American Institute of Architects, Member, 1995-Present U. S. Green Building Council, LEED Accredited Professional, 2009-Present Colorado Arts and Crafts Society, Member, 2003-Present Colorado Preservation Inc., Member, 2000-Present National Trust for Historic Preservation, Member, 1997-Present Order of the Knoll - President's Circle, Iowa State University, 2010-Present Historic Preservation Honors/Awards Awards for Excellence in Historic Civic Restoration, Colorado Springs Historic Preservation Alliance, Heller Mairi House and Guest House Restorations, 2011 and 2012 Colorado Historical Society Stephen H. Hart Award, Sandstone Ranch - Phase 2 District Park, City of Longmont, Colorado, 2004 AIA Colorado North Chapter Merit Award, CBS Freight Depot Downtown Transit Center, 2002 F. W. Dodge Gold Hard Hat Award, CBS Freight Depot Downtown Transit Center, 7002 AIA Colorado North Chapter Honor Award, Rialto Theater Restoration, 1998 Piazzal AIA Gallery Exhibit, Best of Show, Rialto Theater Restoration, 1998 Piazza! AIA Gallery Exhibit, Best Historic Renovation/Adaptive Reuse Project, C & S Freight Depot Restoration, 1996 Colorado Preservation Inc. State • Honor Award, Rialto Theater Restoration, 1994 Professional Service AIA Colorado Board of Directors, 2004 Principal Alter- Lingle -Massey Architects P.C. David Lingle has practiced in the field of architecture since 1977 and co- founded Alter -Lingle Architects P.C. in 1986. David specializes in historic restoration and rehabilitation design, historic structure assessments, mixed - use residential and affordable housing and municipal city facilities. In addition to being a registered architect in Colorado, New Mexico, Wyoming and Nebraska, David holds an NCARB Certificate and is a LEED Accredited Professional. Role in Project Principal -in -Charge and Project Manager Education Bachelor of Architecture, Iowa State University, 1983 Bachelor of Arts in Architecture, Iowa State University, 1977 Registration Registered Architect, Colorado, 1984, #202079 Registered Architect, Wyoming, 1989, #C-1155 Registered Architect, Nebraska, 1997, #A-2759 Registered Architect, New Mexico, 2006, #004379 National Council of Architectural Registration Boards, 1988, #36,857 Experience Alter -Lingle -Massey Architects P.C., Fort Collins, Colorado 1986-Present, Principal Related Historic Preservation Projects Lyons Depot Library Restoration, Town of Lyons, Colorado Baker Hall Renovation, University of Colorado-Boutder Heller Center Main House Exterior Restoration and Interior Rehabilitation, University of Colorado -Colorado Springs Heller Center Guest House Exterior Restoration and Interior Rehabilitation, University of Colorado -Colorado Springs Heller Property Historic Site Master Planning, University of Colorado -Colorado Springs 17-Mile House Historic Site Master Planning, Arapahoe County, Colorado TA GuestRanch/Conference Center Additions, Buffalo, Wyoming Trolley Car Barn Restoration, City'of Fort Collins; Colorado Lincoln Hotel Facade Restoration and Interior Rehabilitation, Loveland, Colorado Buckingham/Gordon Building Facade Restoration, Greeley, Colorado Meyer BuiLding/McCluskey Mercantile Facade Restoration, Loveland, Colorado Castle Creek Power Plant Restoration, City of Aspen, Colorado German Congregational Church Restoration - Phases 1 and 2, Longmont, Colorado First National Bank of Berthoud Exterior Rehabilitation, Town of Berthoud, Colorado Plumb Farm House Restoration, City of Greeley, Colorado Baugh House Restoration, City of Wheat Ridge, Colorado Norcross House Exterior Restoration, City of Greeley, Colorado C&S Freight Depot Stabilization and Rehabilitation for a Downtown Transit Center, City of Fort Collins, Colorado Rialto Theater Restoration, Downtown Development Authority, Loveland,. AIA'Colorado Government Affairs Committee, 1999-2006; Chair -Elect, 2003; Chair, 2004 AIA State Government Network, 2003-06 State Historical Fund, Grant Reader, 2008-Present Community Involvement Architecture Advisory Council, Iowa State University, 2011-14 City of Fort Collins Landmark Preservation Commission, 2012- Present City of Fort Collins Planning and Zoning Board, 2004-2011; Vice -Chair, 2005; Chair, 2006-07 City of Fort Collins Zoning Board of Appeals, 2002-2003; Vice -Chair, 2003 City of Loveland Planning Commission, 1987-1994; Chairman, 1988-1992 City of Loveland Visual Arts Commission, 1985-87 Town of Estes Park, Stanley Historic District Technical Review Committee, 2006 Novo Restoration Inc. Board of Directors, 2006-07 Housing Development Solutions Board of Directors, 2005-2011; President, 2005-2011 Funding Partners for Housing Solutions Board of Directors, 1999-2003 Project Self -Sufficiency Board of Directors, 1992-1997 LINGLE RESUME - 2 Colorado 333 E. Fourth Street Facade Restoration, Loveland, Colorado Nix Farm Natural Area Office Rehabilitation and Maintenance Facility, City of Fort Collins, Colorado Interweave Press Renovations, Loveland, Colorado Historic Structure Assessments Coy -Hoffman Farm, Lar mer County, Colorado Heller Property, University of CoLorado-Colorado Springs JCC Camp Lodge, Elbert County, Colorado Little Thompson Valley Pioneer Museum, Town of Berthoud, Colorado Warnoco Building, City of Greeley, Colorado A. J. Eaton House, Eaton, Colorado Beecher Island Battleground Auditorium, Yuma County, Colorado St. Joseph School, Fort Collins, Colorado Henderson House, Loveland, Colorado Milner/Schwarz House, City of Loveland, Colorado Milliken School Teachery, Milliken, Colorado Flowers Store/Cache la Poudre Grange Hall, BeRvue, Colorado Castle Creek Power Plant, City of Aspen, Colorado Swanson Farm Bam, Berthoud, Colorado First Baptist Church of Greeley, Greeley, Colorado German Congregational Church, Longmont, Colorado First Methodist Episcopal Church, Windsor, Colorado Hyatt -Spence Ranchstead, Larimer County, Colorado Masonic Lodge, Berthoud, Colorado United Brethren Church, Berthoud, Colorado First United Presbyterian Church, Loveland, Colorado First National Bank of Berthoud, Town of Berthoud, Colorado. Union Block/Lincoln Hotel, Loveland, Colorado German Evangelical Church, Loveland, Colorado Ottesen Feed Mill, Fort Lupton, Colorado State Armory, Loveland, Colorado Plumb Farm House, City of Greeley, Colorado Cason Howell House, City of Lakewood, Colorado 9. • 0 LUCAS REMMERT, LEED GA Architectural Intern Aller•Lingle•Massey Architects P.C. Lucas Remmert joined Alter•Lingle•Massey Architects P.C. in 1014. Lucas has experience in historical restoration and rehabilitation design, preservation research and multifamily housing. Role in Project Affiliations Project Intern U. S. Green Building Council, LEED GA, 2013-Present Education Master of Science in Historic Preservation, University of Colorado -Denver, 2013 Master of Architecture, University of Colorado -Denver, 2013 Bachelor of Science, Public Administration, and Minor in Urban and Regional Planning, University of Central Florida, 2010 Experience Alter•Lingle•Massey Architects P.C., Fort Collins, Colorado 2014-Present; Architectural Intern Tommy Hein Architects, Telluride, Colorado 2013-14; Architectural Intern Center of Preservation Research, University of Colorado -Denver 2010-11; Research Intern Related Historic Preservation Projects Lyons Depot Library Restoration, Town of Lyons, Colorado Senate/Wick Building Rehabilitation, Telluride, Colorado Mesa Verde HABS Document Preparation, Center of Preservation Research, University of Colorado -Denver -. FIRM PROFILE JVA • STRUCTURAL AND HISTORIC PRESERVATION ENGINEERING 0 JVA, Incorporated is a consulting structural and civil engineering firm headquartered in Boulder, Colorado with a northern office in Fort Collins, CO and a mountain office in Winter Park, CO. IVA has a 58-year history of serving Architects and owners nationwide. Our current staff size of 75 includes LEED Accredited Professionals committed to sustainable design practices. With professional registration in 45 states, we have a working knowledge of both national and local building codes. JVA's background in preservation and renovation work on historic buildings began in the early 1970's with the stabilization, renovation, and preservation of the Chautauqua Auditorium and Dining Hall structures in Boulder, Colorado. Since that time, JVA's preservation work has included Building Engineering Reports; Historic Structure Assessments, and Construction Documents for several hundred building projects in the Rocky Mountain Region and nationwide. We also helped to preserve two of Colorado's Endangered Places in the Dearfield Townsite and the Thomasville Lime Kilns. We are proud of our contribution to historic projects recognized by local and national preservation organizations. Our investigative expertise is complemented by the use of specialized non-destructive techniques that minimize our impact on historic fabric. Creative thinking, design sensitivity, and cost-efficient engineering lead to innovative, yet practical, solutions that fit within the Secretary of the Interior's Standards for the treatment of Historic Properties, architectural parameters, and project specific constraints. As a member of the USGBC, the firm is committed to design practices that promote high performance buildings and sustainable sites. Our five decades of structural experience includes bridge design and investigations, transportation facilities, municipal buildings and infrastructure projects. In addition to new construction and complex renovations, we have completed feasibility studies, performed investigations, provided forensic services, and spent significant time on site observing construction and coordinating the design documents with the subcontractors in the field. JVA's structural staff also has extensive experience with design of concrete and corrugated steel culverts, retaining walls, slope stabilization, park and trail shelters, comfort stations, signage, trail features, photovoltaic arrays, and pre -manufactured • metal building foundations. Our professional staff utilizes REVff modeling and CAD drafting for document delivery. Our reputation for successfully completing projects and providing excellent service is highly regarded by owners, contractors and the design community. JVA's structural team is presently involved in providing services on an as -needed basis to Boulder County, the City of _Black Hawk, Central City, City and County of Denver, NIST, the GSA, Denver Mountain Parks, the National Park Service and Yellowstone National Park. These contracts have been successfully renewed on multiple occasions given the high quality of our services and responsiveness. I 1 U BOULDER FORT COLLINS WINTER PARK 0 • • The Beaumont Hotel Ouray, Colorado Boulder Train Depot Boulder, Colorado Chamber Lofts Denver, Colorado HISTORIC PRESERVATION PROJECTS JVA • STRUCTURAL ENGINEERING 201 Chase Street Residence Rehabilitation Blackhawk, CO 400 East Simpson Street Investigation Boulder, CO 530 S. 43rd Stair Well and Basement Access Boulder, CO 914 Broadway —UCB Admin Office Umv..ofColorado 1560 & 1550 Ogden HSA Denver, CO 1724 Broadway Investigation Boulder, CO Aberdeen Federal Building/Post Office Aberdeen, SD Alliance Center Assessment Denver, CO *Alton Schoolhouse HSA Boulder, CO AT&T Phone Building. Renovation Boulder, CO Atchison, Topeka RR Office Investigation Dallas, TX Avery Building Investigation Fort Collins, CO Bandelier NM Visitor Center Repairs Los Alamos, NM *Basalt Charcoal Kilns Stabilization and CA Basalt, CO Baugh House CD/CA Wheat Ridge, CO Beau Jo's Fort Collins Beaumont Hotel. Renovation Ouray, CO ➢ Grinner of 2004 Presidential Award, 2003 National Trust Honor Award, 2003 Governor's Award for Historic Preservation Beaver Ranch Lodge Assessment Jefferson County, CO Bessemer Medical Museum Pueblo, CO Winner of2008 State Honor Award from Colorado Preservation, Inc. Bessemer Annex & Main Office HSA Pueblo, CO 'Bessemer Museum of Industry & Culture Pueblo, CO Bible House Improvement Denver, CO Blackhawk Historic Homes (6) Renovations Blackhawk, CO Blackhawk PO/Bank HSA Blackhawk, CO Blue Bird Mine HSA Caribou Ranch, CO *Bonfils (Belmar Farm) Caretaker's Residence Lakewood, CO Boulder Center for Visual Arts Boulder, CO Boulder County Courthouse - Boulder, CO Boulder Day Nursery Renovation Boulder, CO Boulder Depot Boulder, CO Bowles House Porch Rehabilitation Westminster, CO Breckenridge Arts District Complex Breckenridge, CO Broadway Building Renovation Boulder, CO *Bromley Farm HSA & CDs Brighton, CO Broomfield Train Depot HSA & CDs Broomfield, CO Butte Federal Building/Post Office Butte, MT Byron White Courthouse Denver, CO Camp George West Golden, CO Case Barn HSA Jackson County, CO Casper Federal Building/PO Casper, WY *Centennial Hall Steamboat Spgs, CO ➢ Winner of 2002 State Honor Award from Colorado Preservation, Inc. Chabad Student Center Boulder, CO Central City Opera House Central City, CO Chamber Building Denver, CO Chamber Lofts Renovation Denver, CO Chautauqua Association Academic Hall Boulder, CO Chautauqua Auditorium Life Safety System Boulder, CO Chautauqua Dining Hall Roof Strengthening Boulder, CO Chautauqua Auditorium Wall Stabilization Boulder, CO *Chief Hosa Lodge HSA Jefferson County, CO Chief Hosa Lodge Restrooms Jefferson County, CO BOULDER FORT COLLINS WINTER PARK University of Colorado, Boulder Churches Ranch Arvada, Colorado Clayton, New Mexico HISTORIC PRESERVATION PROJECTS JVA • STRUCTURAL ENGINEERING 0 Church of the Holy Redeemer Denver, CO *Churches Ranch Historic Structures Arvada, CO *Cloverdale Mine HSA San Isabel Natl Forest Clocktower Building Denver, CO Colorado Military History Museum Golden, CO Colorado Saddlery Building Denver, CO Community Presbyterian Church Lake City, CO * Crested Butte Train Depot Crested Butte, CO First Congregational Church Tmss Repairs Boulder, CO Cresson Mine Pavilion Victor, CO D & F Tower Renovation Denver, CO Dannels Homestead HSA Allenspark, CO *Denver Audubon Nature Center Littleton, CO Denver & Rio Grande Railroad Depot Littleton, CO *Denver & Rio Grande Railroad Depot Crested Butte, CO Denver Civic Center Park Balustrade Denver, CO *Denver Firefighters Museum Parapet Denver, CO *Denver Waldorf HSA Denver, CO Denver Waldorf School Denver, CO *Denver Women's Press Club HSA Denver, CO Dinosaur NM Quarry Visitor Center Vernal, UT Eagle County Courthouse Eagle, CO *All Saints Church of Eben Ezer Brush, CO Edwin Bemis House Repairs Littleton, CO Eklund Hotel Renovation Clayton, NM *Ewing Barn HSA Fort Lupton, CO *Ewing Farmhouse HSA Lafayette, CO • Historic Elitch Theatre Denver, CO Fairmont Hotel Deadwood, SD Fargo Federal BuildingfPost Office Fargo, NO First Baptist Church Roof Repair Denver, CO First Baptist Church of Windsor Windsor, CO First Presbyterian Church HSA Pueblo, Co *Flagler Town Hall HAS and CDs Flagler, CO Fort Laramie Barrack Restoration Fort Laramie, WY Fort Meade Historic Preservation Fort Meade, SD *Fort Vasquez Restoration Platteville, CO Fox Theater Assessment Denver, CO Franklin Hotel Restoration Deadwood, SO *Fruitdale School HAS and CDs Wheat Ridge, CO Gaming Division Office Blackhawk, CO Gargoyle Building Renovation Aspen, CO Gilpin County Courthouse Gilpin County, CO *Golden Elks Building HSA Golden, CO *Golden Gate Park Homesite Assessment Jefferson County, CO Golden Rose Hotel Central City, CO Golden Spike Trestle Investigation Promontory Pt, UT Goodhue Farmhouse Boulder County *Goodnight Barn HSA Pueblo, CO Grasmere Lake Rehabilitation Denver, CO Grand Stair at City Park Denver, CO Greek Theater and Balustrade Denver, CO Hale Science Renovation Univ. of Colorado *Hall Ranch House Investigation Boulder County, CO Hampton Barn HSA Jackson County,.CO BOULDER FORT COLLINS WINTER PARK Littleton Courthouse Renovation Litdaton, Colorado Glacier Natl. Park, Montana Montrose City Hall Montrose, Colorado HISTORIC PRESERVATION PROJECTS *Hannah Barker House Hamey-Lastoka Farmhouse Rehabilitation Hams Street Community Building Rehabilitation Hayden Ranch Barn *Hazel Gates Woodruff Cottage Renovation Higblandlake Church Stabilization Highlands Ranch Mansion Assessment Historic Building Analysis and Case Studies *Hiwan Homestead HSA Hogan Barn Restoration Holly Old City Hall Inspection Hombek Homestead Renovation Hotel De Paris Repairs *Hotel St. Cloud HSA Jefferson St. House Assessment & Repairs Johnsen Residence Barn Johnson/Jessup Farms Survey Kansas State Capitol Building Investigation *Kim Schools HSA & Master Plan Laramie Plains CC Assessment Lennox Row HSA/Rehabilitation *Lindsay Ranch HSA *Littleton Courthouse Renovation ➢ Winner of2000 Stephen H. Hart Award from JVA •STRUCTURAL ENGINEERING' Boulder, CO Boulder, CO Breckenridge, CO Leadville, CO Univ. of Colorado Mead, CO Highlands Ranch, CO Cheyenne, WY Evergreen, CO Boulder, CO Holly, CO Florissant, CO Georgetown, CO Canon City, CO Louisville, CO Sonoma, CA Fort Collins, CO Topeka, KS Kim, CO Laramie, CO Baltimore, MD Rocky Flats, CO Littleton, CO History Colorado! Louisville Grain Elevator HAS and Stabilization Louisville, CO Lusk Water Tower Stabilization Lusk, WY *MacGregor Barn HSA/Restoration Estes Park, CO Mapleton School Renovation Boulder, CO Many Glacier Hotel Rehabilitation Glacier Nall. Park, MT Meadow Mountain Ranch - Allenspark, CO McIntosh/Lohr Barn HSA/Rehabilitation - Longmont, CO Moffat Station Rehabilitation Denver, CO Montgomery Court Investigation Denver, -CO *Montrose City Hall & Annex HSA Montrose, CO Montrose Elks Building Rehabilitation Montrose, CO ➢ Winner of 2009 Stephen H. Hart Award from History Colorado!, 2008 State Honor Award from Colorado Preservation, Inc. Morgan County Jail Rehabilitation Ft. Morgan, CO Morgan County Aimory HSA Ft. Morgan, CO National State Bank Renovation Boulder, CO Nickel & Nickel Gleason Barn Napa Valley, CA Nunn Water Tower HSA Nunn, CO *O'Kane House HSA Lakewood, CO Old Main Chapel Theater Univ. of Colorado Old Santa Fe Trail Building NP Renovation Santa Fe, NM *Old Smith Mansion HSA Denver, CO *O.T. Jackson House Dearfield, CO Ordway High School Rehabilitation Ordway, CO *Pahaska Tepee at Buffalo Bill's Grave Lookout Mtn, CO Paris Mill Stabilization Alma, CO Petrified Forest NP Investigation .Chambers, AZ *Pine Grove Comm. Center HSA & CD's Pine Grove, CO ➢ Winner of 2012 Stephen H. Hart Award from History Colorado! Plaza Block Historic Structures Assessment La Junta, CO Plaza Hotel Las Vegas, NM BOULDER FORT COLLINS WINTER PARK • Bond No. S419182 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 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 he 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 28thday of July 2014_ IN PRESENCE OF: / ATTEST: � �u R • N�r^�cy6N,wtN6� (Corporate Seal) IN PRESENCE OF: Not Applicable Not Applicable Principal Wattle& t C ctors (Tite)T• o A.ttSMOM , SsfnL+.tT 8 Gibbs Road, Laramie, WY 82070 (Address) Other Partners By: Not Applicable a,,. Not Applicable IN PRESENCE OF: Surety By Employers Mutual Casualty COY J. Rini, Witness By: Susan J. Latta 1 , Attomey-In-Fact (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 40 i Thomasville Lime Kilns Pitkin, Colorado Vail Mountain School Homestead Cabin, Colorado HISTORIC PRESERVATION PROJECTS JVA • STRUCTURAL ENGINEERING Plews House at Fly'N B Park CD's Highlands Ranch, CO *Pueblo Mt. Park HSA/Restoration Pueblo, CO *Redstone Coke Ovens Stabilization Redstone, CO ➢ Winner of 2073 Honor Award for Masterworks in Masonry Rocky Mountain School of Music Camp Longs Peak, CO Rout[ County Courthouse Steamboat Springs, CO Sanitas Stone Structures Stabilization Boulder, CO Santa Fe Trail Museum Las Vegas, NM *Semper Farms Barn HSA Westminster, CO Sheridan Inn Restoration Sheridan, WY *Shoenberg Farm Westminster, CO *Shoenberg Farm Concrete Silo Westminster, CO *Shoenberg Farm Dairy Barn Westminster, CO *Shoenberg Farm Milk and Ice House Westminster, CO *Shoenberg Farm Studio and Farmhouse Westminster, CO *Shoenberg Farm Wood silo Westminster, CO Siena Square Renovation Boulder, CO *Silverton School Renovation Silverton, CO *Sixth Avenue Church Denver, CO St. John's East Sixth Ave. Denver, CO St. John's Episcopal Cathedral Remodel Denver, CO St. Patrick's Church HSA Denver, CO Stanley Hotel Elevator Estes Park, CO Sterling Depot HSA Sterling, CO *Stevens School HSA Sterling, CO South Pass City Buildings Restoration South Pass City, WY *Tabor Grand Hotel HSA and Shoring Leadville, CO Taos Square Historic Restoration Georgetown, CO Thomasville Lime Kilns Stabilization Thomasville, CO *Ute Museum Site Structures Montrose, CO Ute Tower Stabilization Ashley Nat'l Forest, UT Vail Mountain School Homestead Cabin Vail, CO _ Valmont CityPark Farm House Boulder, CO Van Vleet Barn Restore Boulder, CO Van Vleet Ranch House Restoration Boulder, CO Viele House Monitoring Boulder, CO Voorhies Memorial HSA Denver, CO Walker Ranch Restoration Boulder County Waterston Barn Stabilization/relocation Boulder, CO Wheat Ridge Historic Park Wheatridge, CO Wheeler Opera House Investigation Aspen, CO Whitehead Building . Breckenridge *Woodward House Rehabilitation Denver, CO *Wyatt Edison Building HSA Denver, CO YMCA Mountainside Lodge Estes Park, CO Zion NP Administration Building HSR Springdale, Utah Zion United Church Rehabilitation Sterling, CO * Indicates projects funded through grants from the Colorado Historical Society NP = National Park NM —National Monument HSA = Historic Structures Assessment HSR = Historic Structures Report • • • BOULDER FORT COLLINS WINTER PARK u i Education B.S.C.E, North Carolina State University, 1088 M.C.E.; North Carolina State University, 1991 Registration Professional Engineer Colorado, 2009 North Carolina, 1993 Tennessee, 2008 Wyoming, 2009 LEED AP BD+C Professional Organizations USGBC ICRI Beau Jo's Fort Collins STEVEN D.CARPENTER SENIOR PROJECT MANAGER • JVA • STRUCTURAL ENGINEERING Project Experience Project Manager and/or Engineer of Record for the following Facilities Beau Jo's Renovations — Fort Collins, CO Avery Building 2014 Renovations — Fort Collins, CO 300 Hickory Street Renovations —Fort Collins, CO 128 W. Laurel Street Renovations — Fort Collins, CO Eads Gymnasium Assessment — Earls, CO Historic Wall Street - Investigation, Renovation, and Additions - Asheville, NC Grove Park Inn — Various Renovations and Additions - Asheville, NC Biltmore Estate — Various Renovations and Additions - Asheville, NC 2537 Research Boulevard Office Building — Fort Collins, CO Fort Collins Senior Center 2014 Addition — Fort Collins, CO JBS Greeley Mechanical Renovations - Greeley, CO Sterling Schools 2014 Major Mechanical Renovations— Sterling, CO Poudre School District 2014 Major Mechanical Renovations —Fort Collins, CO 4949 South Syracuse Parking Deck Assessment and Repairs —'Denver, CO University of Wyoming— Energy Resource Center, Laramie, WY University of Wyoming - Performing Arts Center, Laramie, WY University of Wyoming —Enzi STEM Building, Laramie, WY Casper College — Music Building, Casper, WY Laramie County Community College — Dining Hall Addition, Cheyenne, WY Wyoming Medical Center— West Tower, Casper, WY Wyoming Medical Center —MR1, Casper, WY Charlotte -Mecklenburg Schools — Pinewood Elementary, Charlotte, NC Charlotte —Mecklenburg Schools — Sedgetield Elementary, Charlotte, NC Charlotte -Mecklenburg Schools —JV Washam Elementary, Charlotte, NC Burke County Schools — Robert L. Patton HS, Morganton, NC Burke County Schools — Jimmy C. Draughn HS, Valdese, NC Burke County Schools — Walter Johnson MS, Morganton, NC Haywood County Schools — Hazelwood Elementary, Waynesville, NC Haywood County Schools — Clyde Elementary, Clyde, NC Jackson County Schools — Scotts Creek School, Sylva, NC Macon County Schools - Cartoogechaye Elementary, Franklin, NC Macon County Schools— South Macon Elementary, Franklin, NC Mission Health Systems — Dogwood Tower, Asheville, NC Mission Health Systems — Heart Tower, Asheville, NC Mission Health Systems — Central Energy Plant, Asheville, NC Mission Health Systems —Emergency Room, Asheville, NC Mission Health Systems —East Tower, Asheville, NC BOULDER FORT COLLINS WINTER PARK REFERENCES JVA • STRUCTURAL AND CIVIL ENGINEERING • Ms. Estella Cole, Historic Preservation Specialist Colorado Historical Society Office of Archeology and Historic Preservation 303-866-2896 Project Bessemer Main Office Building/Steelworks Museum Mr. Jack Cook, Project Specialist National Park Service Denver Service Center 303-969-2486 Project: Many Glacier Hotel Critical Life Safety Upgrades Alan Watkins, Architect Boulder County Architects Division 2040 14`s Street Boulder, CO 80302 303-441-3286 Project: Goodhue Farm House Virgil Turner City of Montrose Administrative Services Director 433 South First PO Box 790 Montrose, CO 81402-0790 970-240-1471 Project: Montrose Elks Building and City Hall Mr. Tim Reed, Director Jefferson County Public.Schools Facilities Planning and Design 809 Quail Street, Building 4 Lakewood, CO 80215 303-982-2372 Project: Wheat Ridge High School Melissa Sever Pitkin County Public Works Administrator Project: Redstone Coke Ovens Stabilization 76 Service Center Road Aspen, CO 81611 970-920-5390 Project: Redstone Coke Ovens Stabilization BOULDER FORTCOLLINS WINTER PARK • OWNER'S REQUEST FOR PROPOSAL ADDENDUM n U 9 r Collins ng ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2ntl Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 tcgov. com/purchasing Description of BID 7666: Bobcat Ridge Historic Buildings Rehabilitation OPENING DATE: 3:00 PM (Our Clock) July 17, 2014 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 — Questions & Answers 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. • • Addendum 1 — 7666 Bobcat Ridge Historic Buildings Rehabilitation Page 1 of 2 • EXHIBIT 1 - QUESTIONS & ANSWERS 1. What is the scope for concrete floor repairs? Repair concrete per the RFP. Provide a square foot cost for any additional concrete repair that the City/State deems as necessary. $ /s. f. 2. To what level of structural repair would the City like to seethe building rehabbed to? To its original specifications, or to today's codes? To its original specifications. 3. Since the bid is given before the discovery phase, how would the City like to handle unknown building conditions that arise during construction? Through a change order. 4. Is power to be made operable, in either building, as part of this proposal? No. 5. The City's contract language lists a requirement for $5,000,000 Professional Liability E & O coverage (page 12, paragraph 5.04 B.2.) Does this requirement apply to the design/engineering team or to the design/build contractor, or both? As I recall the $5M Professional Liability E&O coverage was not • required in Bobcat Phase The Professional Liability Errors and Omissions requirement is decreased from $5,000,000 to $1,000,000. This will be required from the design/engineering professional. U Addendum 1 - 7666 Bobcat Ridge Historic Buildings Rehabilitation Page 2 of 2 F16,00awt City of Collins Purchasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing Description of BID 7666: Bobcat Ridge Historic Buildings Rehabilitation OPENING DATE: 3:00 PM (Our Clock) July 17, 2014 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 — Questions & Answers 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. 11 • Addendum 1 — 7666 Bobcat Ridge Historic Buildings Rehabilitation Page 61 of 92 • EXHIBIT 1 - QUESTIONS & ANSWERS 1. What is the scope for concrete floor repairs? Repair concrete per the RFP. Provide a square foot cost for any additional concrete repair that the City/State deems as necessary. $ /s. f. 2. To what level of structural repair would the City like to seethe building rehabbed to? To its original specifications, or to today's codes? To its original specifications. 3. Since the bid is given before the discovery phase, how would the City like to handle unknown building conditions that arise during construction? Through a change order. 4. Is power to be made operable, in either building, as part of this proposal? No. 5. The City's contract language lists a requirement for $5,000,000 Professional Liability E & O coverage (page 12, paragraph 5.04 B.2.) Does this requirement apply to the design/engineering team or to the design/build contractor, or both? As I recall the $5M Professional Liability E&O coverage was not • required in Bobcat Phase The Professional Liability Errors and Omissions requirement is decreased from $5,000,000 to $1,000,000. This will be required from the design/engineering professional. 9 Addendum 1 - 7666 Bobcat Ridge Historic Buildings Rehabilitation Page 62 of 92 E SECTION 00615 PAYMENT BOND Bond No. S419182 KNOW ALL MEN BY THESE PRESENTS: that Wattle & Daub Contractors B Gibbs Road, Laramie, WY 82070 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm)(Address) hereinafter referred to as"[he 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 One Hundred Forty -Eight Thousand Twenty Dollars ($148 020) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 2$^ day of July, 2014, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, . 7666 Bobcat Ridge Historic Buildings Rehabilitation . 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 * Employers Mutual Casualty Company, P. O. BOX 712, DES MOINES, IA 50306 - 0712 DESIGN BUILD AGREEMENT THIS AGREEMENT is dated of the 28th day of July, 2014 by and between the CITY OF • FORT COLLINS, COLORADO, a municipal corporation (hereinafter called OWNER) and WATTLE & DAUB CONTRACTORS, a (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: provide design and construction 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 at Bobcat Ridge Natural Area. Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as design and construction 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. • Article 3. CONTRACT TIMES 3.01 Days to Achieve Substantial Completion and Final Payment The Work will'be substantially completed within Three Hundred (300) calendar 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 Fifteen (15) calendar 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 0 0 . Bond No. S419182 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, 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 28th day of July 120 14. IN PRESENCE OF: / AMST: Principal IJILtAf�n R. Yn.�acuf� Wattle u Co tors ` 'r �'ROU R N ° GovEN W7T>ufSS (fitl TW4PAA.-nST14AMKER, PRENIINEOr 8 Gibbs Road, Laramie, WY 82070 • (Address) (Corporate Seal) IN PRESENCE OF: Other Partners Not Applicable By Not Applicable Not Applicable By: Not Applicable IN PRESENCE OF: Surety By: Employers Mutual Casualty Co vany . J. Rini, Witness By: Susan J. LattarQo, Attorney -In -Fact (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond. 0 0 - /INSURANCE EMC P.O. Box 712 • Des Moines, IA 50306-0712 N O. A76662 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: TODD BENGFORD, LINDSEY KNICKERBOCKER, DONALD E. APPLEBY, FLORIETTA ACOSTA, MARK SWEIGART, DILYNN GUERN, SUSAN J. LATTARULO, KEVIN W. MCMAHON, J.R. TROJAN, SARAH BROWN its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attomey pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1. 2015 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Aftomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duty called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fad and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey-in-fad at any time and revoke the power and authority given to him or her. Aftomeys-in-fad shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, o execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and er writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fad shall be fully and in all respects binding upon the Company. rtification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 23rd day of AUGUST 2013 un /-yam SealsAz oMP;�;�P;YaCgs,, Bruce G.Kelley, hairman Michael Freel of Companies 2, 3, 4, 5 & 6; President Assistant Vice President of Company 1; Vice Chairman and SEAL °n, ;�1 1863�;o_ .,,; 1953 - IOWA CEO ofCompany 7 2- - f� ;,,UPANCE 9 O w` SEALg` o SEALSEAL Y Y,' 'N`A1H 'Ff%INES IUWP OP40NP• MTn ti� UTUg2 z 4P KATHY LYNN LOVERIDGE Commission Number 7110769 My Commission Fxplres °'" • October 10, 2016 �0/NE5, 1U� Un this 23rd day of AUGUST AD 2013 before me Notary Public in and for the State of Iowa, personalty appeared Bruce G. Kelley and Michael Freel, who, being by me duly swom, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice PresidenYAssislant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and thalthe said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2016. .rug 7'�" -/ nko d &' , Nola Public M and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on AUGUST 23, 2013 on behalf of: JRDD BENGFORD, LINDSEY KNICKERBOCKER, DONALD E. APPLEBY, FLORIETTA ACOSTA, MARK SWEIGART, DILYNN GUERN, SUSAN J. LATTARULO, KEVIN W. MAHON, J.R. TROJAN, SARAH BROWN are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this lath day of July 2014 Vice President r� L SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. LJ INSURANCE REQUIREMENTS • 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its , option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 0 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. • `III �® CERTIFICATE OF LIABILITY INSURANCE 8/6/2014 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Denver Agency 210 University Blvd, Suite 600 Denver CO 80206-4661 NAMTFCT Laura Uses PHONE EaU. (303) 892-6900 FAX (303)892-6938 nDORIe :laura@denveragency. corn INSURERS AFFORDING COVERAGE NAIC0 INSURER A -Gemini Ins CO %Burns & Wilcox INSURED Wattle & Daub Contractors, Inc. 8 Gibbs Rd. Laramie WY 82070 INSURER B-Phoenix Insurance Cc INSURER C:Pinnacol Assurance INSURER D: INSURER E : 1 INSURER F: COVERAGES CERTIFICATE NUMBER 2014 Gemini Certs REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXIOCCUR VCGPO50020 /24/2014 /1/2015 _13AMA RENTED WZEMI Ea NTED w S 50,000 MED EXP(Any one person) S 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 2,000,000 POLICY X PRO- JFCT LOC S AUTOMOBILE LIABILITY COMBINED t SINGLE LIMIT 1,000,000 X BODILY INJURY (Per person) $ B ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS _ -1281YO79-14-SEL /1/2014 /1/2015 IAUTOS BODILY INJURY Per arodenl ( ) S X HIRED AUTOS X NON-0WMEO PROPERTY DAMAGE Perawident S Uninsured molonst wmbinetl $ 1 000 000 UMBRELLA LIAE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAE CLAIMSWADE DED I I RETENTIONS I $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUDVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yas, desentre under DESCRIPTION OF OPERATIONS below NIA 093011 /1/2014 /1/2015 X WC STAT U- OTH- FR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE E 1 ,000,000 E.L. DISEASE -POLICY LIMIT 1 $ 1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate Holder is included as an Additional Insured regarding General Liability per attached CG20100413, CG20370413 & CG20010413 and Auto Liability per attached CAT420710. Project: 7666 Bobcat Ridge Historic Buildings Rehabilitation. Denver Agency Company will make a good faith effort to give the Certificate Holder 30 day notice of cancellation or non -renewal (10 day notice for non-payment). City of Fort Collins PO Box 580 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE McKeever, CIC/LAURA ACORD 25 (2010105) INS02fiorfo,si of Tha AT:r1Rn name and Innn arc rcniefarad mar4e of Ancypin CORPORATION. All riahts resnrvnd. Policy: VCGP060020 CG 20 10 0413 Insured Name: WATTLE AND DAUB CONTRACTORS INC • Number: 29 Effective Date: 0312412014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION '11ris endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations For non-residential and non -mixed use projects only. Any For non-residential and non -mixed use projects only. All person or organization when you and such person or locations for which you and the additional insured have organization have agreed in writing in a contract, prior to an agreed in writing in a contract prior to an occurrence that occurrence that causes "bodily injury', "property damage" or causes "bodily injury', "property damage" or "personal and "personal and advertising injury", that such person or advertising injury". organization be added as an additional insured on your policy. Information required to complete this. Schedule, if not shown above, will, be shown in the Declarations. A. Section II —Who Is An Insured is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or .• is CG 2010 04 13 1 of 2 • 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or . organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 0413 2 of Agreement and the OWNER will suffer financial loss if the Work is not completed • within the 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 Three Hundred Dollars ($300) 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 S. 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. No fee shall be paid for costs listed in paragraph 10.01.13 of the General Conditions. B. DESIGN/BUILDER guarantees that the maximum amount payable by OWNER in accordance with this paragraph 6.01 as a percentage fee will not exceed 15 percent (15%) subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. Policy: VCGPOS0020 CG 20 37 0413 Insured Name: WATTLE AND DAUB CONTRACTORS INC • Number: 26 Effective Date: 03/2412014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location And Description Of Completed Operations For non-residential and non -mixed use projects only. For non-residential and non -mixed use projects only. Any person or organization when you and such person All locations for which you and the additional insured or organization have agreed in writing in a contract, have agreed in writing in a contract prior, to an prior to an occurrence that causes "bodily injury", occurrence that causes "bodily injury", "property "property damage" or "personal and advertising injury", damage" or "personal and advertising injury". that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contractor agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement, or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. i • CG 20 37-0413 1 of 2 U CG 20 37-0413 2of2 Policy: VCGPO50020 CG 20 0104 13 Insured Name: WATTLE AND DAUB CONTRACTORS INC • Number: 25 Effective Date: 03/24/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the followntg: Commercial General Liability Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. • CG 20 0104 13 1 of 1 r •1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE:, Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who is An Insured provision contained in Section ll. B. EMPLOYEE HIRED AUTO H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT 1. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED An "employee" of yours is an "insured" while operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in that "em- An Insured, of SECTION II — LIABILITY COV- ployee's" name, with your permission, while ERAGE: CA T4 20 07 10 - ® 2010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. wth its permission. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: 001175 COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The fallowing replaces Paragraph A.2.a.(2) of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — LIABILITY COVERAGE: E. F (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph CA. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss": or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better • than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- .• TION III — PHYSICAL DAMAGE COVERAGE is deleted. y I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage If the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Effects cover- age. Page 2 of 3 02010 The Travelers Indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance Services Office, Inc. vrith Its permission. ._1 K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total 'loss" to a covered "auto' of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto' less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the 'loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or 'loss", pro- vided that the "accident' or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 07 10 02010 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 001175 0 0 0 ALLER-3 OP ID: IC F— L 144c"MIJI II CERTIFICATE CERTIFICATE OF LIABILITY INSURANCE °A 08/0 /14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER Brown & Brown Inc Phone: 970-082-7747 4532 Boardwalk Dr, Suite 200 Fax: 970d84-4165 Fort Collins, CO 80525 M Jamsay CONTACT NAME; Lindsay Craigo N PpCEll 970-482-7747 FAX. N.Nu: 970-4644165 EMAIL icraigo@bbcolorado.com ADDRESS: g0 bbCOlOradO.COm INSURERS AFFORDI NG COVERAGE NAIL# INSURER A: Endurance American Specialty 41718 INSURED Aller-Lingle-Massey Architects INSURERB:Westfleld Insurance Company 24112 P.C. 712 Whalers Way, Ste. B-100 INSURERC:Pinnacol Assurance Company 41190 _ INSURER 0: Fort Collins, CO 80525 NSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE 00LSUBR POLICY NUMBER MMIDDrr� MMIODY)YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 300,00 B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X BOP0987114 04/09/14 04/09115 MEDEXP(Anyone person) $ 5,00 PERSONAL B ADV INJURY $ 1,000,00 X EPLI$100,000 BOP0987114 04/09/14 04/09/15 X Emp. Benefits GENERALAGGREGATE $ 2,000,00 BOP0987114 04109/14 04/09/15 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COM P/OP AGG $ 2,000,00 POLICY 0 JECTPRO X LOC Emp. Ben. $ 1,000,00 AUTOMOBILE LIABILITY =' COMBINED SINGLE LIMIT Ea accident 5 100Q QO X BODILY INJURY (Per Verson) $ ANY AUTO X BOP0987114 04/09/14 04/09115 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $.. X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,00 AGGREGATE $ 2,060,00 B EXCESS LIAB CLAIMS -MADE BOP0987114 04/09114 04/09/15 DED I I RETENTION$ 0 IS C WORKERS COMPENSATION ANDEMPLOYERS'LMBILITY ANY PROPRIETOR/PARTNERIEXECUTIVEYIN ❑ IM OFFICEREMBER EXCLUDED? (Mandatory in NH) NIA 1951272 04/01/14 04/01115 X WD STATU TH- R E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 If yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,00 A Prof Liability PPLI0004431600 12114113 12114/14 Ea Claim 2,000,00 aka E80 Aggregate 2,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional ReR actin, Schedule, IF drone space is required) City of Fort Collins and Wattle and Daub Contractors are Additional Insured with respect to General Liability and Automobile Liability. Project: 7666 Bobcat Ridge Historic Buildings Rehabilitation CITYFC2 City of Fort Collins PO Box 680 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE 6"IYl � Cosa-�ndn ecntxn enaonnennu en .:..H.e see...vA ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 9 0 0 ACQRO® CERTIFICATE OF LIABILITY INSURANCE 8/ 12014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER ONOOZ, Or USI Colorado, LLC Prof Liab 1515 Wynkoop Street Suite 200 PHONE: f0-873-8500 FAxNolI eMMI ADDRESS - INSURER(S) AFFORDING COVERAGE NAICa Denver CO80202 INSURER A: _ INSURED JVAINC INSURER B:Travelers Indemnity Com INSURER C:PInaaCAI ASSLI[aaQB COm JVA, Inc. 1319 Spruce Street - Boulder CO 80302 go INSURER D: u[Bnce ComoaDy _ INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 2001776383 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCEADM SUOR POUCYNUMBER POLICY EFF moo TTYY POLICY E%P MMJODI LIMITS A GENERALLIABILITY Y Y 6801421LBSO /112014 11/2015 EACHOCCURRENCE $110001000 .% GENERAL LIABILITY TAMACOMMERCIAL Ij--T!" E1000000 $10,000 CLAIMS -MADE 1xi OCCUR VIED EXP (Any one person PERSONAL B AW INJURY E1.000,D00 GENERAL AGGREGATE $2.000.000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 52.000,000 PDDCY. X P29 LOC S AUTOMOBILELIABILm V BA16961578 /l/2014 j1112015 1EBaadd4M1 1L000 000 BODILY INJURY (Per person) $ _v ANY AUTO - ALL OWNED 'SACHOEDULED BODILY INJURY (Per accident) S x HIRED AIfrOS X NON -OWNED AUTOS PR P RTY GE 1pffeccideffil 'S f B X UMBRELLA LAB x OCCUR Y CUP696BY20A 1112014 /l/2015 EACH OCCURRENCE $1,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE _ $1.000,000 DEC X I RETENTION S1C,0D0 $ C WORKERS COMPENSATION ANDEMPLOYER9'LIABILITY YIN y 4131403 51112014 11/2015 X KC STATU- TH- EL EACMACGDENT 11,000,000 AN PROPRIETORMARTNER/FJ(ECUTIVE OFFICERIMEMBER EXCLUDED? N❑ NIA EL. DISEASE - EA EMPLOYE1 91.000,000 (Mandatory In NH) If Yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT I 111000000 D Professional Liability Claims Made DPR9710506 1/2014 /1/2015 Per Claim 2,000,000 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES fAKach ACORD 101, Additional Ramada; Schedule, If more apoca Is requlrod) As required by written contractor written agreement, the following provisions apply subject to the policy terms, conditions, limitations and Exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Denigrated Insured under Automobile Liability; and Additional Insured's under Umbrella / Excess Liability but only. with respect to.liability arising out of the Named Insured work performed on behalf of the certificate holder and owner. The General Liability, Automobile Liability, UmbrellalExoess insurance applies on a primary and noncontributory basis. A Blanket Waiver of Subrogation applies for General liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella if aces5 Liability policy See Attached.:. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Collins ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 580 Ft. Collins CO 80522 AUTHORIZED REPRESENTATIVE _ ©1986-2010 ACORD ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Article 7. GUARANTEED MAXIMUM PRICE 7.01 DESIGN/BUILDER that the OWNER for the • guarantees maximum obligation of sum of the Cost of the Work plus the DESIGN/BUILDER's Fee will not exceed One Hundred Forty -Eight Thousand Twenty Dollars ($148020) (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 DESIGNIBUILDER'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 11.01.0 the General Conditions. • accordance with paragraph of 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 AGENCY CUSTOMER ID: JVAINC LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INS USI Colorado, LLC Prof Liab JVA, Inc. 1319 Spi MUCY NUMBER 6....11- , CARRIER I NAIC CODE EFFECTVE DATE: The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY • ) • I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section ll): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on [his Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of [hose acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for [his Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. I The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS Section IV We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services office, Inc;, with Its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and • "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. • Page 2 of 2 ® 2007 The Travelers Companies, Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office. Inc., with Its permission COMMERCIAL GENERAL LIABILITY • i •) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following:. COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance:_ However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs. and b. The "personal injury' or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to your liability with respect to your conduct of the business of any current or past partner- ship or joint venture: a. That is not shown as a Named Insured in the Common Policy Declarations, and b. In which you are a member or partner where each and every one of your co - ventures in that joint venture is an archi- tectural, engineering, or surveying firm. 2. This Provision P. does not apply to any per- son or organization for which coverage is ex- cluded by another endorsement to this Cov- erage Part. 3. The insurance provided by this Provision P. shall be excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available covering your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Common Policy Declarations and which is issued to such partnership or joint venture. Q. FPER PROJECT GENERAL AGGREGATE LIMIT j 1. Paragraph 2. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: .The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under Cov- erage A and for all medical expenses caused by accidents under Coverage C which cannot be attributed only to opera- tions at a single "project". 2. The following is added to LIMITS OF IN- SURANCE (Section III): A separate Per Project General Aggregate Limit applies to each "project" for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A and for all medical ex- penses caused by accidents under Coverage C which can be attributed only to operations at a single "project", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations for this Coverage Part. Any payments made under Coverage A for • damages and under Coverage C for medical expenses shall reduce the Per Project Gen- eral Aggregate Limit for that "project", but shall not reduce: a. Any other Per Project General Aggregate Limit for any other "project"; b. The General Aggregate Limit; or c. The Products -Completed Operations Ag- gregate Limit. The limits shown in the Declarations for this Coverage Part for Each Occurrence, Dam- age To Premises Rented To You and Medical Expense are also subject to the Per Project General Aggregate Limit when the Per Pro- ject General Aggregate Limit applies. 3. As used in the Provision Q.: "Project" means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determin- ing the applicable aggregate limit of insur- ance, each "project" that includes premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad shall be considered a sin- gle "project". R. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Page 6 of 8 0 2007 The Travelers Companies, Inc. CG D3 79 09 07 u COMMERCIAL AUTO •) • ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage.ormedical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsemenf to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what Is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE —GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or forth the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. In A.I. Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily Injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section It. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 0 — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- • ness. CA T3 83 D310 02010 The Travelers Indemnity company. Page 1 of 4 Includes copyrighted material of Insurance Services office, Inc. with its permission. COMMERCIAL AUTO .19 r kill 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract In that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- Ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of ball- bonds (in- ducting bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION It — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation Imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (I) You must arrange to defend the "in- sured" against, and Investigate orset- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the ."in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION 11— LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 02010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material or Insurance Services Office, Inc. with its permission. U 11 0 W492e COMMERCIAL AUTO to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance Is not a substitute for re- quired or compulsory Insurance In any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United Stales of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE —GLASS .� The following.is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto' will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION Ill — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. is CA T3 53 03 10 J. PERSONAL EFFECTS • The following is added to Paragraph AA., Cover- age Extensions, of SECTION Ill — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "Insured'; and (2) In or on your covered "auto'. This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following Is added to Paragraph B.3., Exclu- sions, of SECTION Ill — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that In- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and AA.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; . b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duly to give us or our authorized representa- tive prompt notice of the "accident' or "loss" ap- plies only when the "accident' or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". • 02010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Of les, Inc. with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.6., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident' or "loss", provided that the "accident' or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such 011 contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 0 2010 The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. 0 0 SECTION 00635 • CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) • 0 DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7666 Bobcat Ridge Historic Buildings Rehabilitation PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Wattle & Daub Contractors CONTRACT DATE: July 28, 2014 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 for Payment, on or about the 15th day of each month during performance of the . 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 is 0 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.E of the General Conditions. (1) 95 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) 95 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 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: TO: Wattle & Daub Contractors Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Wattle & Daub Contractors for the City of Fort Collins Project, 7666 Bobcat Ridge Historic Buildings Rehabilitation . 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 July 28, 2014 . 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: • A 10 SECTION 00650 • LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Wattle & Daub Contractors (CONTRACTOR) PROJECT: 7666 Bobcat Ridge Historic Buildings Rehabilitation 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 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: Wattle & Daub Contractors 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. Notary Public My Commission Expires: SECTION 00660 • CONSENT OF SURETY TO: City of Fort Collins. Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Wattle & Daub Contractors PROJECT: 7666 Bobcat Ridge Historic Buildings Rehabilitation CONTRACT DATE: July 28, 2014 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) C� BY: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 0 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 1303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) 6 DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply 0 met purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result In revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subco muchus will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See mveme side). FAILURE TO ACCURA TELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. RegistredaNAvzunt No. (to be assigned by MR) Period 0170-750 (999) $0.00 89 - CON�TRAGTOR INFORMATION - Traderemer[) tiparhwr,uwpwara name'_ Mailing address (City, State, 2ipl'. Cooled Peraan E-Mag address: Federal Employer's Idectifiesuort Number. Bid amount for your contrecl Fax N.W. BuvnmalekPliane rumbv. ( ) LobraM wiNtroNinq ruawuM number. Copies of contract or agreement pages (1).identifying the contracting WHres" - ' " t and 2 corrtalnin si natures ofcantractang, perges.musI be attached. EXEMPTIONINF,ORMAT,ION` 1 �` g e s Name d exempt oroanixation (aa shown on contract): Exempt oma xen m a number: 98 - Address of exempt organ tabon (City, state, Lot: Pnndpal contact at exempt organization: Precipal correct'a tale^ne number: Physical Iratbn d proledshe (give actual address when apgioble and Cities andlor County nes) where prolect is lac .) Scheduled Monty Dry Year Esdmand Marts Day Year cvnstru0-Mandeb: cangerm oats. RAWMS <3Y ?Mv� I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Sgrenumofowner.yarmarorcorporeteoRcor. Title of corporate opxxr. Data DO NOT WRITE BELOW THIS LINE • • 0 Special Notice • Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. 0 0 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 changer 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 National Society of�� AC E C American Society Professional Engineers of Civil Engineers A.—.—c--... PmfewtanalEngineersln Pdvate Practice - 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 • EJCDC D-700 Standard General Conditions of the Contact Between Owner and Desigt✓Bwlder Copyright 02002 National Society of Professional Engineers for FJCDC. All rights rewired. C� • 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 E1CDC D-700 Standard General Conditions fthe Contract Bemeen Owner wd Design/Builder Copyright C2002 National Society of Professional Engineers for E1CDC. All rights reserved. TABLE OF CONTENTS Page • ARTICLE 1 -DEFINITIONS AND TERMINOLOGY....................................................................................................................I 1.01 Defined Terms.......................................................................................................................................................................1 1.02 Terminologv...........................................................................................................................................................................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 R-ease-e€-Beeuments Use of Design Materials.......................................................................................................................6 3.06 Electronic Data.......................................................................................................................................................................7 ARTICLE 4 -AVAILABILITY OF LANDS; DW-FE�r,-.z,-. '*ter' CM; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS: HAZARDOUS ENVIRONMENTAL CONDITIONS...............................................................................7 4.01 Availability of Lands.............................................................................................................................................................7 4.02 Subsurface and Physical Conditions.............................................................................................7 4.03 Reference Points....................................................................................................................................................................9 4.04 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ....... 10 ARTICLE5 - BONDS AND INSURANCE....................................................................................................................................10 5.01 Performance, Payment and Other Bonds.............................................................................................................................1 1 5.02 Licensed Sureties and Insurers.............................................................................................................................................11 5.03 Certificates of Insurance......................................................................................................................................................11 5.04 DesignBuilder's Liability Insurance....................................................................................................................................I I . 5.05 Owners Liability Insurance.................................................................................................................................................12 5.06 44opefW Builders Risk Insurance.........................................................................................................................................12 5.07 Waiver ofRiehts..................................................................................................................................:...............................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 DesignBuilder's General Warranty and Guarantee.............................................................................................................19 6.21 Indemnification ....................................................................................................................................................................19 . 6.22 Survival of Obligations........................................................................................................................................................20 EICDC D-700 Standard General Conditions ofthe Contract Between Owner and DesignYBuilder Copyright02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 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 Proiect 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.................................................................................................................................................................22 9.06 Effect of Change Orders......................................................................................................................................................23 ARTICLE 10 -COST OF THE WORK: CASH ALLOWANCES; UNIT PRICE WORK.............................................................23 10.01 CostoftheWork................................................................................................................................................................23 10.02 Cash Allowances................................................................................................................................................................25 10.03 Unit Prices..........................................................................................................................................................................25 ARTICLE I I - 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 CONSTRUCTIONOR 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 I6-MISCELLANEOUS...............................................................................................................................................33 16.01 Giving Notice.....................................................................................................................................................................33 16.02 Computation of Times.......................................................................................................................................................33 16.03 Cumulative Remedies........................................................................................................................................................33 • 16.04 Survival of Obligations ......................................................................................................................................................34 16.05 Controlling Law.................................................................................................................................................................34 FJCDC D-700 Standard General Conditions ofthe Contmn Betwern Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 paragraph 13.02.A of the General Conditions). b. Upon Substantial Completion, in an amount sufficient to increase • total 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 95 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. C STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGNBUILDER ARTICLE I — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initialor all capital letters, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: I. Addenda — Written or graphic instruments issued prior to the opening of Proposals which clarify, correct or chance 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 Owners 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 Sabagreement — A written agreement between Design/Builder and a construction Subcontractor for provision of Construction. I I. Contract — The entire and integrated written 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 00 to complete the Work so that it is ready for final payment, as evidenced b Owner's Representative's written recommendation for final payment, and in accordance with paraeraph 13.08. 15 DesignBBuilder — 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, drawines, 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 DesignBuilder specifically to discharee its duties under the Contract Documents. 11 r1 U • E1CDC D-700 standard General Conditions of the Contract Between Owner and DesigtJBuilder Copyright02002 National society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 1 • • n L_J 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. Drmvings — 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, PCBs, 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. Lmvs 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 ofAward — 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 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—Polychlorinatedbiphenyls. 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 Owners FJCDC D-700 standard General Conditions of the Contract Between Owner and Design[Budder Copyright 02002 National society of Professional Engineers for FJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 2 objectives and the procedure to be followed in preparing completed" as applied to all or part of the Work refer to • and submitting a Proposal and awarding a contract. Substantial Completion thereof. 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 uI deed. 38. Schedule of Malues — 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 Drmvin-zs — 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 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 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 • • EJCDC D-700 Standard General Conditions of the Contract Between Owner and Designatulder Copyright02002 National society of Professional Engineers for EJCDC. All rights reserved. Includes City offort Collins modifications dated 09/2004 0 • 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 on 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 clearl>_requiring an obligation of DesignBuilder, "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 is Agreement. within thirty days after the Effective Date of the Agreement. Unless .. -eed g b Ownerr ap 1 2.03 Starting the Work A. DesignBuilder 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. DesignIBuilder's Review of Contract Documents: Before undertaking each part of the Work, Design/Builder shall carefully study and compare those Contract Documents 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 DesignBuilder 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 protection estimating that portion of the Contract Price to be due during each month of performance. EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copynght C2002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 4 C. Evidence of Insurance: Before any Work at the Site provides a reasonable allocation of the Contract Price to is started, Design/Builder and Own.._ shall eaeh deliver to the component parts of the work. Other, ,. r4ifi ale Of :..,4FARAP. AS FeqUiFed by _ _.._r, 543 purchase an-d- _, ,. en_tlare wi4h Ai4iele 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 DesignBuilders 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 Deskm[Builders Schedule of Values will be acceptable to Owner as to form and substance if it 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. 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. I. 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. r 1 LJ 0 EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 5 • • • 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: I. 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 exnensive 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 3.03.13, Design/Builder shall report it to Owner in writin 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 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 Use of Design Materials A.— All documents including Drawings and Specifications, prepared or furnished by Design/Builder pursuant to this Agreement are for Design/Builders 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 Owners 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 shalt 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 DesignBuilder agrees to and does herby grant to the Owner and any assignee or successor of the Owner as owner of the FJCDC D,700 Standard General Conditions of the Contract Between Owner and DesigNBuilder Copyright02002 National Society of pro Fessional Engineers for EIJCDC, All rights reserved. Includes City of Fort Collins modifications dated 09/2004 6 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 assiens 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 copyrieht 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 famished 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. 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 DesignBuilder 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 famish 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 Sete Gonditiafirs Subsurface and Physical Conditions • • 11 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City ofrort Collins modifications dated 09/2004 • 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/Builders 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: I. 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 gentechnical 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 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: I. 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 4.02.13 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. EJCDC D-700 standard General Conditions of the Contact Between Owner and Design/Builder Copyright 02002 National society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 0912004 8 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 cohtract; 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 4.02.0 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: I. 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 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 DesignBuilder 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. 9 • EJCDC D-700 standard General Conditions of the Contract Between Owner and DesignBuilder Copyright 02002 National society of Professional Engineers for UCDC. All rights reserved. Includes City ofrort Collins modifications dated 0912004 9 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 Sit 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 scone 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 Desien/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 Desien/Builder, Subcontractors, Suppliers, or anyone else for whom Design/Builder is responsible.. B. If Design/Builder encounters a Hazardous Environmental Condition, DesignBuilder 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 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 Owners 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.E 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 FJCDC D-700 Standard General Conditions ofthe Contract Between Owner and Design/euilder Copyright02002 National Society ofprofessional Engineers for ElCDC. All rights reserved. Includes City of Fort Collins modificafions dated 0912004 10 B. DESIGN/BUILDER has visited the Site and become familiar with and is satisfied • 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 0 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 5.01.13 and 5.02, Design/Builder shall within twenty ten Llohdays-thereafter substitute another Bond and surety, both of which `hall _ mply with the fequiizements ,.f paragraphs 5.01 14 and 5 P 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 ^`^'�eli: f to 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 Design/Builder's performance of the Work and Design/Builders other obligations under the Contract Documents, whether it is to be performed by DesignBuilder, 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: I. Claims under workers' compensation, disability benefits and other similar employee benefit arts 2. Claims for damages because of bodily iniury, occupational sickness or disease, or death of Design/Builder's employees; 3. Claims for damages because of bodily ink, sickness or disease, or death of any person other than Design/Builders 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 ^-ate".G (subject to any customary exclusion in respect of professional liability) include as additional insureds Owner and Owners 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 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National society of Professional Engineers for FJCDC. All rights reserved. Includes City effort Collins modifications dated 0912004 11 n U \J • • • 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 coveraees 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 11,000,000 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/Builders indemnity'•''•- •_a^- 5. Contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' orior 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 rovide 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 and any such additional insured of continuation of such insurance at final payment and one year thereafter). C. Desien/Builder's Professional Liability Errors & Omissions Insurance. Desien/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 Owners expense Owner's own liability insurance as will protect Owner against`claims which may arise from operations under the Contract Documents. 5.06 kr4>peFty 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: I. Include the interests of Owner Owners 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 EJCDC D-700 Standard General Conditions ofthe Contract Bemeen Owner and Design/Builder Copyright02002 National society ofPofessional Engineers for ElCDC. All rights reserved. Includes City of Fort Collins modification dated 0912004 12 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 DesignBuilder 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 DesignBuilder 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 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, Owners 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 Owners 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 • u EJCDC D-700 Standard General Conditions of the Contract Between Owner and DesignfBuilder Copyright 02002 National society of Professional Engineers for EJCDC. All rights reserved- Includes City of Fort Collins modifications dated 0912004 13 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 5.07.13 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, Owners 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 5.08.13. 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 asfiduciary 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 wFiting 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner eF Desig:,,guil"de has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the :ef party Design/Builder in accordance with Article 5 on the basis of their not complying with the Contract Documents, the -ebjecting-peHy Owner shall so notify the,.--other--Pa>is Design/Builder in writing within ten fifteen (15) days after receipt of the certificates (or other evidence requested) required by paragraph 2.04.C. ^•��^o,.,,A—a.,^^d Dweigthg3 :Ide..,,hall each ., ,'de t.the eth„-.. .,h rease;,abfy--request. if eitheF-paf4y doesnotusehese�r •by the Gent_ae n,...,,,. ent.. such _any shall __tia ., the eth ny_ 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: I. 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 8.0l.A.6.a-2 and assist Owner in obtaining such reports. data, or services 3. Identify and analvze 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 Peotechnical and related information which it deems necessary for performance of the Work; EJCDC D-700 Standard Genc.I Conditions ofthe Contract Betwc= Owner and DesigdBuilder Copyright 02002 National society of Professional Engineers for FJCDC. All rights reserved. Includes City effort Collins modifications dated 092004 14 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 Proiect; 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: I. 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 Proiect, and assist Owner in consultations with appropriate authorities: ;. 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.I 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/Builders 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 DesignBuilder. 6.03 Labor, Working Hours A. Design/Builder shall provide competent, suitably qualified personnel to perform the Work as required 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 (Regular wWorking hHours, and DesignBuilder will not permit overtime work or the performance of Construction on Saturday, Sunday or any !Legal hHoliday without Owner's written consent, which w.'- • l ngt he linFeaggnably withheld. Design/Builder shall submit requests to Owner no less than 48 hours in advance of any Work [o 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 fumish 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 • �J EICDC D-700 standard General Conditions of Lha Contract Between Owner and DesignBuilder Copyright02002 National society of Professional Engineers for EJCDC. All rights reamed. Includes City of Fort Collins modifications dated 0912004 15 • 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: I. 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 adiustments 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 adiustments 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. DesignBuilder 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 isscheduling 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 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. 1"hF.HP et, AHV e....h eet,ee^ Ant is .. M e ethet, a ,...Rant.. ....d Plight and of them) for losses damages ql4bAeFV[FAAt9Rq Of and e of the by all and eF l.. ,.e a of less eo, e_ed by sed any ....eh ..el'e'e..grid ...., ethe. OF Vied'. If prvpeny—inS6n:nocap f—to-thhe e,. ..e,...:..e .. e..e...ae the tstiror.r or, ....:..et,. 0.t,me to be any sueh pel:e: h.. e_., SUbe9AtFgete.. glippret, signed ne..igRlBldild t, el.t..:.. OF the gamp Will 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 EJCDC D-700 standard General Conditions ofthe Comma Between Owner and DesignBuilder Copyright 02002 National society of Professional Engineers for EJCDC. All rights reserved. Includes City offort Collins modifications dated 0912004 16 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. Owneshall pay, all charges ef stieb utility owners for capital ees4s Felated .uo-r„ereFeit. 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/Builders 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, DesignBuilder 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. DesignBuilder 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 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. I. DesignBuilder 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 E 0 • EJCDC D-7005tandard General Conditions ofthe Contract Between Owner and DesigNBuilder Copyright02002 National society of Professional Engineers for EJCDC. All rights reserved. Includes City ofrort Collins modifications dated 092004 17 directly or indirectly emDloved by anv of them from and • against all claims, costs, losses and damages (includine, 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 resultine 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 paw, 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 incomorated therein, whether in storage on or off the Site; and 3. Other Dronertv 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. 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. DesignBuilder 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 DesignBuilder 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. DesignBuilder 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. EJCDC D-700 Standard Gencrnl Conditions of the Contract Ii.mccoOwner and DesignBuilder Copyright 02002 National Society of Professional Engineers for EJCDC- All rights reserved. Includes City of Fort Collins modifications dated 0912004 18 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 me 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 DesignBuilder has in a separate written communication at the time of submission called Owners 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, testine, refining and at iusting 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. 6.20 Design/Builder's General Warranty and Guarantee A. DesignBuilder warrants and guarantees to Owner that all Eenstfnetien 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: sj' 5. Any acceptance by Owner or any failure to do • L� 0 EJCDC D-700 Standard General Conditions of the Contact Between owner and Design/Builder Copyright 02002 National society of Professional Engineers for EJCDC. All rights reserved. Includes City effort Collins modifications dated 09/2004 19 6. Any review and approval of a Submittal; • 7. Any inspection, test or approval by others: or 8. Any correction of defective Construetien Work by Owner. 6.21 Indemnification A. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owners 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 Of6enstF Wtien 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 zxilen 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 anv of them may be liable. regardless of whether •or not caused in part by any negligence or omission bf 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, Owners 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 6.2LA 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 6.2LA shall not extend to the liability of Owners 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 0 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. 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. Desien/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 DesignBuilder 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/Builders 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 EJCDC D-700 Standard General Conditions ofthe Contract Between Owner and Design/Builder Copyright02002 National Society offrofessional Engineers for FJCDC. All rights reserved. Includes City of Fort Collins modifications dated 0912004 20 materials, equipment and labor entering into the Work. The accounting methods shall be to OWNER. OWNER shall be afforded reasonable access to all of • satisfactory 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 eleven (1l) pages, inclusive). e. Notices to Proceed. D. Performance, payment, and other Bonds, identified as Section 00600 and consisting of fifteen (15) pages. E. Standard General Conditions of the Contract Between Owner and Design/Builder (thirty-eight Q8) pages, inclusive). F. Supplementary Conditions (two (2) pages, inclusive). G. OWNER's Request for Proposal No. 7666, excluding sample Design Build Documents identified therein. • Agreement template, along with Conceptual H. DESIGN/BUILDER'S Proposal in Response to OWNER's Request for Proposal No. 7666, excluding any terms and conditions conflicting with the terms and conditions set forth in this Agreement. 1. Addenda numbers 1 through 1 inclusive. J. Other Documentation submitted by DESIGN/BUILDER prior to Notice of Award The cost per square foot for concrete cutting, removal, and replacement is $12.00/s.f. K. The following, which may be delivered, prepared or issued after the Effective Date of this Agreement and are not attached hereto: 17, 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/Builders 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 amone 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 Desien/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 Desien/Builder, as required for performance of Design/Builders 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; 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 Owners • "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 It. 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. FJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright C2002 National society of Professional Engineers for FJCDC. All tights reserved. Includes City of Fort Collins modifications dated 092004 21 • 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. Owners 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. Owners 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 ,..._eml _,.__e e f the G_..._ et 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 9.0LA 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. 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 9.03.13 and 9.03.0 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 F]CDC D-700 Standard General Conditions of the Contract Between Owner and DesignBuilder Copyright C2002 National society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 22 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 10.01.13: 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, bat net -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 FhetiFe „ent benefits, ben . iok IeI a and oliday--pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or ILegal 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 DesignBuilder 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 I Payroll costs for employees in the direct Professional Services provided or furnished under a employ of Design/Builder in the performance of the Design Subagreement. Work under schedules of job classifications a reg ed upon by Owner and Design/Builder. 5. Costs of special consultants (including but not limited to testing laboratories, surveyors, attorneys, and EJCDC D400 Standard General Conditions ofthe Contract Between Owner and Design/Builder Copyright02002 National society of Professional Engineers for EJCDC. All rights reserved. Includes City offort Collins modifications dated 092004 23 • • 0 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/Builders 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 DesignBuilder, 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 damaees within the deductible amounts of orooertv 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 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/Builders 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. FJCDC D-700 Standard General Conditions of the Contract Between Owner and DesignBuilder Copyright 02002 National Society of Professional Engineers for EICDC. All rights resemcd. Includes City of Fort Collins modifications dated 092004 24 C. Design/Builder's Fee. When all the Work is performed on the basis of cost-plus, Design/Builders 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 10.013, 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 I. 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/Builders 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 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 lone as the deletion or addition does not exceed twenty-five percent of the estimated quantity of the item. ARTICLE 11 — CHANGE OF CONTRACT PRICE; CHANCE 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: I 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 s 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 ECDC D-700 standard General Conditions of the Contact Between Owner and Dougin Builder Copyright 02002 National society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 0912004 25 • n not necessarily in accordance with paragraph 11.0I.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 11.01.13.2, 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 11.0I.Q. C. Design/Builders Fee: The Design/Builders 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.l.a and 10.0l.A.2, the Design/Builders fee shall be -K three percent; b. For costs incurred under paragraph 10.0l.A.3 10.01.A.4, 10.01.A.5 and 10.01.A.6, the Design/Builder's fee shall be €we 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 I I.01.C.I and I1.0l.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 10.0l.A.1 and 10.0l.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 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 E1CDC D-700 Standard General Conditions fthe Contract Between Owner and DesignBuilder Copyright 02002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 26 Design/Builder's sole and exclusive remedy for the delays approval prior to Design/Builders purchase thereof for • described in this Paragraph I1.02.C. incorporation in the Work. 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 Genst etlarr 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 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/Builders expense unless Design/ Builder has given Owner timely notice of Design/Builder's 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 12.04.13 below shall be paid as provided in said paragraph 12.04.13; 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/Builders 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. u • E1CDC D-700 Standard General Conditions ofthe Contract Between Owner and DesignBuilder Copyright02002 National society of Professional Engineers for ECDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 27 • 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 6enstFaetien 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 resultim 4 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 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 Owners 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 may exclude Design/Builder from all or part of the Site, take E1CDC D-700 Standard General Conditions of the Contract Between Owner and DesignBuilder Copyright 02002 National society of Professional Engineers for E1CDC. All rights reserved. Includes City of Fort Collins modifications dated 0912004 28 possession of all or part of the Construction or Work, and suspend Design/Builders 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 oblieation 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 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 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/Builders 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: I 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 A. The Schedule of Values established as Owner to Design/Builder. provided in paragraph 2.06.A will serve as the basis for progress payments. Progress payments on account of Unit 2 If Owner should fail to pay Design/Builder at Price Work will be based on the number of units completed. the time the payment of any amount becomes due, except as provided in paragraph 13.03.B and as otherwise provided in the Contract Documents, then EJCDC D-700 Standard General Conditions fthe Contact Between Owner and DesignBuilder Copyright C2002 National Society of Professional Engineers for E1CDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 29 • i J 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 Proiect by Owner shall constitute an acceptance of any Work not in accordance with the Contract Documents. B. Reduction in or Refrtsat to A4ake 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: I. 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 DesignBuildees 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 A. When DesignBuilder 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: I. Owner at any time may request Design/Builder in writing to permit Owner to use or occupy any such part of the Construction which Owner believes to be ready for its intended use and substantially EJCDC D-700 Standard General Conditions of the Cotnmct Between Owner and Design[Builder Copyright C2002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 0912004 30 1. All Written Amendments and other documents amending, modifying or • 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 12.01.1-1) and the Request for Proposal (Section 12.01.G), 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 rase 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 0 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 DesignBuilder in writing giving the reasons therefor. If Owner considers that part of the Work to be substantially complete, the provisions of paraeraph 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. DesignBuilder 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, DesienBBuilder 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 5.04.13.7; (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 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 DesignBuilder 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 Owners 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, Desien/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 conformine to the format of the Owner's standard forms bound in the Proiect 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, subiectto paragraph 16.05.A.1 and 16.05 A.2 of these General Conditions. 13.09 Final Completion Delayed A. If, through no fault of DesignBuilder, 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 shall be submitted by Design/Builder to Owner with the Application for such payment. Such payment shall be made • U • EJCDC D-700 Standard General Conditions fthe Contract Between Owner and Design/Boilder Copyright02002 National society of Professional Engineers for FJCDC. All rights reserved. Includes City ofFon Collins modifications dated 0912004 31 under the terms and conditions governing final payment, 3. Design/Builders violation in any substantial • except that it shall not constitute a waiver of Claims. way of provisions of the Contract Documents. 13.10 Waiver of Claims A. The making and acceptance of final payment will constitute: I. 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 anv 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 `eF PHug-• ^� A. Upon Tthe occurrence of any one or more of the following events justifies termination a._ eaus Owner may terminate this Agreement as provided herein: 1. Design/Builders 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 eouipment or failure to adhere to the progress schedule established under paragraph 2.06.A as adiusted from time to time ursuant to paragraph 6.05 2. Design/Builder's disregard of Laws or Regulations of any public body having jurisdiction 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 fronn 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), 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/ Builders 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: I. Completed and acceptable Work executed in accordance with the Contract Documents prior to the FJCDC D-700 Standard General Conditions of the Contact Between Owner and DesignfBuilder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Con ins modifications dated 0912004 32 effective date of termination, including fair and • reasonable sums for overhead and profit on such Work; 15.01 Methods and Procedures 2. Expenses sustained prior to the effective date of termination in performing services and famishing 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 disnute 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 DesignBuilder 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 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 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. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Bnilder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City ofrort Collins modifications dated 092004 33 • • • Is 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 !`,.....aGt lle3 . l 6.. .. ..d aeegr,lanee with the le., of the place of the ra_e:eet 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. FJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright02002 National society of Professional Engineers for EJCDC. All rights reserved. Includes City ofFort Collins modifications dated 09/2004 34 SECTION 00800 SUPPLEMENTARY CONDITIONS SC-5 Bonds and Insurance ADD the following language in Section 5,03 Paragraph A.1 Certificates of Insurance Additional Insureds: Cite of Ft Collins SC-8 Changes in Work ADD the following Paragraph to ARTICLE 8, Paragraph 8.05.E 8.05.B Resident Project Representative The Resident Project Representative deals in matters pertaining to the work. Any such dealings will be with or through the Design/Builder. Dealings with subcontractors will only be through or with the full knowledge and approval of the Design/Builder. Duties and Responsibilities of the Resident Project Representative are: Attend meetings with the Design/Builder such as preconstruction conferences, progress meetings and other job conferences. Serve as Owners liaison with DesignBuilder working principally through Design/Builders superintendent to assist the Design/Builder in obtaining from OWNER additional details or information, when required, for proper execution of the Work. Advise the Design/Builder of the commencement of any Work pertaining to a Shop Drawing, data, or sample submission which does not meet the Contract Documents. Conduct on -site observations of the Work in progress in determining that the Work is proceeding in accordance with the Contract Documents. 0 Report to the Design/Builders superintendent whenever the Resident Project Representative believes that • the Work is unsatisfactory, fault' or defective, does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made; and advise the O% ncrs Representative and Design/Builder when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project. Consider and evaluate Design/Builder suggestions for modification in Drawings or Specifications and report these recommendations to Owners Representative. Maintain at the Resident Project Representative office orderly files concerning correspondence, reports of job conferences, Shop Drawings, data, and samples, reproductions or original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional drawings issued subsequent to the execution of the Agreement, Design/Builder clarifications and interpretations of the Contract Documents, progress reports and other project documents. Keep a diary, daily report form, or log book, recording hours on the job site, weather conditions, data relative to questions of work directive changes, Change Orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Report immediately to Owners Representative the occurrence of any accident. 7/96 Section 00670 Page E • Review application for payment with Design/Bail der for compliance with the established procedure for their submission and will submit to the Owners Representative. Conduct final inspection with the Design/Builder and Owners Representative observe that all items on the final inspection list have been corrected or completed and make recommendations to Owners Representative concerning acceptance. The Resident Project Representative shall not. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment Exceed limitations of Resident Project Representative authority as set forth in the Contract Documents. Undertake any of the responsibilities of the Design/Builder, Subcontractors, or Design/Builders superintendent. Advise on, or issue directions relative to, or assume control over A any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. Advise on or issue directions regarding or assume control over safely precautions and programs in connection with the Work. Accept Shop Drawings, data, or samples submittals from anyone other than the DesignBuilder • 7/96 Section 00670 Page 0 OWNERS REQUEST FOR PROPOSAL NO. 7666 9 1. • 0 ces F City of Purchasing Division Purchasing Divlslon �► ort Col l i n s Fort N. Mason St 52 Floor PO Box 580 Fort Collins, CO 80522 - 970.221.6775 970.221.6707 P U fChaS l fi9 /cgov.coMpurchasing REQUEST FOR PROPOSAL 7666 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 submission via email is preferred. Proposals shall be submitted in Microsoft Word or PDF format and e-mai led to: purchasinq(cDfcgov.com. If electing to submit hard copy proposals instead, 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 17, 2014 and referenced as Proposal No. 7666. If delivered, they are to be sent to 215 North Mason Street, 2ntl 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. All proposals must include a 5% proposal bond. A pre -proposal meeting will be held on July 8, 2014 2:00 pm at the site: 8281 W County Rd 32C, Loveland, CO 80538. Questions concerning the scope of the project should be directed to Project Manager, Ethan Cozzens at (970) 221-6273 or ecozzens@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO. LEED AP. Senior Buver at (970) 221-6777 or isteDhenno fcoov.com. A copy of the Proposal may be obtained as follows: Download the Proposal/Bid from the BuySpeed Webpage, www.fcqov.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 ismarked '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. 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, Gerry S. Paul Director of Purchasing & Risk Management 0 BOBCAT RIDGE HISTORIC BUILDINGS REHABILITATION SCOPE OF WORK Mission: The City of Fort Collins Natural Areas Department, protects and enhances lands with existing or potential natural area values in a manner that promotes ecological integrity and provides educational and recreational opportunities to enrich the lives of its citizens. In 1992 Natural Areas Dept. 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. Organization's Past Projects: Natural Areas Dept. manages 44 sites, totaling 35,000 acres. Many natural areas have historical and archeological features, including the National Landmark Lindenmeier Site on the Soapstone Prairie Natural Area. The city rehabilitated its C&S Freight Depot into a Downtown Transit Center and completed SHF grants for a 1907 Streetcar Barn (also restored with two federal ISTEA/TEA-21 grants), Nelson Milk House, and 1884 Waterworks. The city sponsored privately owned SHF projects: Linden Hotel, Armstrong Hotel, Silver Grill Block/251 Linden St., Trimble & Barkley Blocks, and First Baptist Church. Natural Areas Dept. is headquartered at historic Nix Farm, a Local Landmark Historic District, where three SHF grants funded a Historic Structure Assessment, re -roofed a farmhouse, and rehabilitated the Nix barn for which Natural Areas received the 2003 "Friend of Preservation Award" from the Fort Collins Landmark Preservation Commission. In 2013 Natural Areas received the "Friend of Preservation Award" for the preservation of a pioneer barn and log chicken shed at Bobcat. • Related Work on the Resource: This is the Phase Two SHF grant request for the property; it is to preserve two accessory farm buildings, a 1940s metal Equipment Shed and cinder -block Poultry House Shed. Phase One SHF grant (2012-01-040) restored an 1888 pioneer barn and log chicken house, being successfully completed April, 2013. The city purchased the 2,606- acre site ranch 2003-2007, known as Bobcat Ridge Natural Area, from the D. R. and Virginia D. Pulliam Charitable Trust. The Trust and city funded.the 2008 research, "Pieces of the Past -The Story of Bobcat Ridge" making it possible in 2010 to obtain State Register District designation for the historic Hyatt Homestead -Spence Ranch District at the heart of Bobcat Ridge. The city funded two Historic Structure Assessments by Aller-Lingle-Massey Architects in 2004 for the farmhouse and calving shed, and in 2008 for four accessory structures that are the Phases One and Two of SHF grants. The city funded the renovation of the farmhouse to be ranger's living quarters, restored the calving/hay storage sheds, and rehabilitated a 1917 sharecropper's log cabin. The City funded shoring up the Poultry House with exterior wall braces and interior stud walls to hold up the roof until this SHF Phase Two request could rescue the building. Potential Lead Participants: Grant manager will be consultant Carol Tunner, former 20-year Fort Collins' Historic Preservation Planner, who managed above SHF and federal grants. The city's Operations Services Dept. provides Project Manager Ethan Cozzens, currently managing completion of Phase One. He is very appreciative of historic preservation and the Secretary's Standards. Mark Sears, City of Fort Collins - Natural Areas Manager, will be grant recipient contact; in 2006 he directed three previous SHF grants for the Nix Farm. The city will issue an RFP for a contractor and the current Phase One design team ( A-E Design, Empire Carpentry and Wattle & Daub Construction -all experienced SHF contractors) will respond. They have provided current budget/scope of work estimations as an attachment. L