AHEC-26919-Q_Electrical Distribution System Plan_FINAL.pdf

RFQ-AE R3 pg. 1

REV 9/2025

REQUEST FOR

QUALIFICATIONS

ARCHITECTURAL / ENGINEERING /

CONSULTING SERVICES

State of Colorado Auraria Higher Education Center

Notice Number: AHEC-26919-Q Project Number: 1004402 Project Title: Campus Electrical Distribution System Comprehensive Plan Estimated Project Cost: $275,000

Table of Contents

I. NOTICES

II. PROJECT OVERVIEW

III. MINIMUM REQUIREMENTS

IV. MANDATORY PRE-SUBMITTAL CONFERENCE

V. SCHEDULE

VI. QUESTIONS, CLARIFICATIONS AND ADDENDA

VII. POINT OF CONTACT/CLARIFICATION

VIII. SUBMITTALS OF QUALIFICATIONS

IX. METHOD OF SELECTION AND AWARD

A. Shortlist B. Interview

X. EVALUATION OF QUALIFICATIONS

A. PREQUALIFICATION SUBMITTAL CRITERIA

1. PROJECT TEAM

2. FIRM/TEAM CAPABILITIES

3. PRIOR EXPERIENCE

4. PROJECT APPROACH

5. EQUITY, DIVERSITY AND INCLUSION

6. WORK LOCATION

XI. INTERVIEWS EVALUATION CRITERIA

1. PROJECT TEAM

2. TEAM CAPABILITIES

RFQ-AE R3 pg. 2

REV 9/2025

3. PRIOR EXPERIENCE

4. PROJECT APPROACH

Appendix A: Consultant Agreement .............................................................. A Appendix B: Acknowledgement and Attestation Form ........................................ B

Appendix C: Scope of Work ....................................................................... C

RFQ-AE R3

Rev 09/2025

I. NOTICES

1. For State Public Works C.R.S. §8-17-101 - Colorado labor shall be employed to perform at least 80% of the work. Colorado labor means any person who is a resident of the state of Colorado at the time of the Public Works project.

2. All respondents accept the conditions of this RFQ, including but not limited to, the following:

a. All submittals shall become the property of the State of Colorado and will not be returned.

b. Late submittals shall not be evaluated.

c. The State reserves the right to reject any or all submittals on the basis of being unresponsive to this RFQ or for failure to disclose requested information.

d. The State shall not be liable for any costs incurred by respondents in the preparation of submittals and proposals nor in costs related to any element of the selection and contract negotiation process.

e. Any restriction as to the use of submitted materials must be clearly indicated as proprietary. The requested limitation or prohibition of use or release shall be identified in writing on a cover sheet. Blanket claims of proprietary submittals will not be honored. Fee proposals will be considered proprietary.

f. The respondent has reviewed Appendix A and by responding has agreed that the terms and conditions of the sample Consultant Agreement are expressly workable without reservation. Any exceptions to the contract must be communicated formally in writing before the solicitation closes. Bearing in mind any and all exceptions may be considered non-negotiable.

3. Preference shall be given to Colorado resident vendors and for Colorado labor, as provided by law.

II. PROJECT OVERVIEW

Introduction

The Auraria Higher Education Center (AHEC) is seeking submittals from qualified consulting firms for a Campus Electrical Distribution System Comprehensive Plan.

AHEC is a Colorado state entity that serves as the umbrella agency for the Auraria Campus to oversee both the strategic and master property plans for the 150-acre campus as well as all shared services and facilities to support the three partner institutions. Equally important is ensuring the integration of the Auraria Campus as part of the vibrant social, physical, and economic fabric of the City of Denver. The collective student, faculty, and staff population is approximately 43,000, making it the largest campus in Colorado.

Background

AHEC seeks to develop a comprehensive and detailed Campus Electrical Distribution System Comprehensive Plan that will serve as a strategic framework for guiding electrical and other energy infrastructure investments, system modernization, sustainability goals, and long-term operational resilience. This plan will evaluate existing electrical distribution and energy systems and outline actionable pathways for increasing the electrical capacity to serve the developmental growth of the tri-institutional campus.

The Auraria Campus houses 44 buildings built as long ago as 1873 and as recent as 2021.

The campus electrical system is a medium-voltage distribution system owned and operated by AHEC facilities. Xcel Energy provides power to the campus with two (2) redundant 16.92 MW feeders that feed a 1200A Automatic Throw-Over Switchgear. Power to almost all buildings on campus is provided by this system.

The campus is growing, with 4 new all-electric buildings being built in the next 1-3 years.

This growth, along with a commitment to move all remaining campus buildings onto the AHEC distribution system (off Xcel’s secondary general service), is pushing the distribution system to the limit of its capacity. This study is being undertaken to be prepared for future campus growth.

The goal of this plan is to build off a 2025 engineer study detailing the current campus electrical distribution system’s capacity to determine the existing system’s capacity and address future energy demands through 2035. This plan aims to address current capacity constraints, optimize energy distribution, and implement innovative solutions to support the campus’ growth and operational efficiency.

The process to be used in the selection of the Architect/Engineer/Consultant is comprised of two steps. In STEP I submittals will be screened and scored as described in detail in Section X. STEP II is the Interview as described in detail in Section XI. A Jury Panel of individuals who will be involved in the project and/or understand the required services associated with the project will evaluate. Upon completion of the evaluation of the submittals, a limited number of firms will be invited to the interviews.

III. MINIMUM REQUIREMENTS

Notice is hereby given to all interested parties that all firms will be required to meet all minimum requirements to be considered for this project. Interested parties must show evidence of the following to be considered as qualified, as a minimum:

1. Not previously terminated by the State for non-performance on a State Buildings contract or procurement.

2. The consultant must have been in the same business with the same name for the last five (5) years.

3. Demonstrated previous experience with creation of comprehensive electrical capacity studies or plans for complex electrical distribution systems including solutions to increase capacity of systems. Preference will be given to firms that can demonstrate experience in the following:

a. Investor-Owned Utility – Primary General Electrical Services

b. Large Utility Owned Automatic Throw Over ATO type Services

c. Radial Feed Distribution System Designs or Upgrades

4. Preference will be given to firms with an electrical engineer on their team (employee or subconsultant).

5. Attended and signed in at the Mandatory Pre-Submittal Conference.

6. The Acknowledgment and Attestation Form, Appendix B, is a mandatory requirement for a respondent to be considered responsive to this RFQ. Submit completed form with prequalification submittal.

a. Qualifications made by a respondent in executing this form may render a submittal non-responsive as determined by the State.

IV. MANDATORY PRE-SUBMITTAL CONFERENCE

To ensure sufficient information is available to firms preparing submittals, a mandatory pre-submittal conference has been scheduled. The intent of this conference is to have Auraria Higher Education Center staff able to discuss the project. Firms preparing submittals must attend and sign-in to have their submittals accepted.

A mandatory pre-submission meeting will be held at:

Building Address: Facilities Annex, 1200 7th Street, Denver, 80204 Room: 108 Date/Time April 13, 2026 at 10:00AM

V. SCHEDULE

The following is a tentative schedule of events for the Submittal process and an outline of the schedule for the balance of the project. All dates are subject to change and changes in the schedule will be issued via addendum. All times listed are Mountain Time.

Request for Qualifications Issued 4/6/2026

Mandatory Pre-Submittal Conference and Tour 4/13/2026 at 10:00AM Request for Clarifications Due 4/20/2026 at 4:00PM Final Addendum Issued (anticipated) 4/23/2026 at 4:00PM

Submittals Due (Prequalification: Step I) 5/4/2026 at 2:00PM Interview Short List Announced 5/12/2026

Interviews 5/19/2026 Selection Announced 5/20/2026

Negotiation of Contract 5/20/2026 – 5/29/2026 Anticipated Start 6/1/2026 Anticipated Finish 4/1/2027

The above schedule is tentative. Responding firms shall be notified of revisions in a timely manner by email or posted on ColoradoVSS and Bidnet/Rocky Mountain E-Purchasing System (RMEPS) websites. Respondents may elect to verify times and dates by email, but no earlier than 36 hours before the scheduled date and time.

VI. QUESTIONS, CLARIFICATIONS AND ADDENDA

Owner initiated changes to this RFQ will be issued under numerically sequenced addenda.

Owner initiated changes to this RFQ will be posted in the form of addenda on ColoradoVSS and Bidnet/Rocky Mountain E-Purchasing System (RMEPS).

Questions and requests for clarification regarding this project shall be submitted before the deadline listed in the above Schedule. Communication regarding the project during the procurement, outside of this submission process or scheduled procurement milestones is not permitted.

VII. POINT OF CONTACT/CLARIFICATION

Name: Stacy Tino, CPPB, NIGP-CPP Agency: Auraria Campus on behalf of MSU Denver Email Address: stacy.tino@ahec.edu Phone: (303) 556-3289

VIII. SUBMITTALS OF QUALIFICATIONS

1. This RFQ document, its appendices, and any written addenda issued prior to the closing of the solicitation, and written clarifications shall serve as the only basis for the submittal.

2. All submittals must comply with the following items, a through f. The State retains the right to waive any minor irregularity, or requirement should it be judged to be in the best interest of the State.

a. Qualifications shall be formatted and tabbed in the exact form and numeric sequence of the Evaluation Criteria in Section X. A single-page cover letter addressed to AHEC Director of Procurement and Distribution Services outlining the firm(s) qualifications is required at the front of the submittal. Not counting the cover letter and required Acknowledgement and Attestation form, the entire submittal is to be no more than 30 8 ½” x 11” sized pages in portrait format, at least 10 font.

b. Qualifications shall be evaluated in accordance with criteria as indicated in PREQUALIFICATION SUBMITTAL CRITERIA in Section X.

c. Response to all items shall be complete.

d. All references shall be current and relevant.

e. Complete and execute Appendix B: Acknowledgment and Attestation Form and submit at the back of the prequalification submittal.

mailto:stacy.tino@ahec.edu

f. Electronic submittals will only be accepted through BidNet. To submit an electronic submittal, firms must be registered with BidNet. The prequalification submittal is due May 4, 2026, and shall be received no later than 2:00PM Mountain Time.

Late submittals will be rejected without consideration. The State of Colorado assumes no responsibility for costs related to the preparation of submittals.

IX. METHOD OF SELECTION AND AWARD

A. Shortlist

1. From the submittals received, a shortlist of qualified respondents shall be identified using the evaluation criteria indicated in Section X.

2. Firms failing to meet the minimum required qualifications will not receive further consideration.

B. Interview

1. Mandatory interviews shall be conducted for the shortlisted firm(s) only.

Interview times and location will be arranged by the Auraria Higher Education Center, and all shortlisted firms will be notified in advance. At the option of the State, a visit to the shortlisted firm(s) managing home office and/or representative field office may be required.

C. Method of Selection and Award

1. Submittals will be evaluated by a panel of individuals selected in accordance with State policies. The panel will review and score the submittals. Firms ranked the highest will be invited to an interview. It is anticipated that no fewer than three (3) or no more than five (5) will be interviewed.

X. EVALUATION OF QUALIFICATIONS

A. PREQUALIFICATION SUBMITTAL CRITERIA

Firms will be judged not only on their past experience for the type of work involved, but also on their ability to address issues critical to the success of the project requirements outlined in this RFQ document. The primary focus of the prequalification evaluation will be the firm(s) capability.

1. PROJECT TEAM

Identify the project principal, the project manager, key staff and subconsultants.

Present a brief discussion regarding how the team's qualifications and experience relate to the specific project.

• Qualifications and relevant individual experience.

• Unique knowledge of key team members relating to the project.

• Experience on projects as a team.

• Key staff involvement in project management and on-site presence.

• Time commitment of key staff.

• Qualifications and relevant subconsultant experience.

2. FIRM/TEAM CAPABILITIES

Organization charts and graphs depicting your capacity may be included.

• Are the lines of authority and coordination clearly identified?

• Are essential management functions identified?

• Are the functions effectively integrated? (e.g., subconsultants’ role delineated)?

• Current and projected workload.

3. PRIOR EXPERIENCE

Include the name and current telephone number and email address of the owner’s project manager for every project listed.

• Experience of the key staff and firm with projects of similar scope and complexity.

• Demonstrated success on past projects of similar scope and complexity.

• References

4. PROJECT APPROACH

For the project and services outlined in the RFQ document, describe how you plan to accomplish the following project control and management issues:

• Budget Methodology / Cost Control

a. Establish and maintain estimates of probable cost within owner's established budget.

b. Control consultant contract costs

c. Coordinate value engineering activities

d. Budget Considerations

• Quality Control Methodology

a. Ensure State procedures are followed

b. Improve energy efficiency through the use of an integrated design process, life cycle costing, the use of an energy standard (current OSA energy code) and the specification of energy efficient materials, systems, and equipment

c. Reduce embodied carbon emissions by utilizing and submitting Environmental Product Declarations (EPDs) that meet the OSA’s maximum acceptable global warming potential (GWP) limits

d. Ensure the project is designed for durability and maintainability

• Schedule

a. Manage the required work to meet the established schedule

5. EQUITY, DIVERSITY AND INCLUSION

a. Describe how your firm is incentivized to hire and promote diverse individuals

6. WORK LOCATION

Describe where the prime and subconsultants will do the key work elements of this project.

a. Proximity of firm’s office as it may affect coordination with the State's project manager and the potential project location.

b. Firm's familiarity with the project area.

c. Knowledge of the local labor and material markets.

XI. INTERVIEWS EVALUATION CRITERIA

(Note that the primary focus of the Interview will be the proposed project management team members’ capabilities).

It is anticipated that interviews will be conducted May 19, 2026. Interviews will be conducted at: TBD on the Auraria Campus. The time for interviews is to be determined. Key personnel from the firm and major consultants who will be directly involved with the project should attend the interview. The interview panel will, in particular, be interested in knowing about the specific project approach proposed and in meeting the individuals who will act as the primary contacts with the Auraria Campus’ Facilities, Planning and Engineering team.

1. PROJECT TEAM

2. TEAM CAPABILITIES

3. PRIOR EXPERIENCE

4. PROJECT APPROACH

5. WORK LOCATION

Appendix A: Consultant Agreement

SC-5.3

Rev. 07/2025

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONSULTANT AGREEMENT

(STATE FORM SC-5.3)

State Agency Auraria Higher Education Center Department I.D.

GMA

Contract I.D. Number Insert CMS number or other contract number Project Number 1004402 Project Name Campus Electrical Distribution System Comprehensive Plan Consultant Name Insert Consultant's full Legal Name including "Inc.", "LLC" etc.

Principal Representatives For the State:

Name Department Name Address Line 1 Address Line 2 City, State ZIP Email

For Consultant:

Name Company Name Address Line 1 Address Line 2 City, State ZIP Email

SC-5.3 CON

Rev. 07/2025 TOC

STATE OF COLORADO

STATE BUILDINGS PROGRAM

CONSULTANT AGREEMENT

(STATE FORM SC-5.3)

TABLE OF CONTENTS .......................................................................................................... Page

SIGNATURE PAGE

RECITALS:

1 ARTICLE 1 SCOPE OF WORK

2 ARTICLE 2 COMPENSATION

3 ARTICLE 3 REIMBURSABLE EXPENSE

3.1 REIMBURSEMENT

4 ARTICLE 4 AGREEMENT EXPIRATION

5 ARTICLE 5 TERMINATION OF AGREEMENT

5.1 DEFAULT

5.2 TERMINATION FOR CONVENIENCE OF STATE

6 ARTICLE 6 CONSULTANT’S ACCOUNTING RECORDS

7 ARTICLE 7 INSURANCE

7.1 GENERAL

7.2 COMMERCIAL GENERAL LIABILITY INSURANCE (CGL)

7.3 AUTOMOBILE LIABILITY INSURANCE

7.4 WORKERS COMPENSATION INSURANCE

7.5 PROFESSIONAL ERRORS AND OMISSIONS LIABILITY

8 ARTICLE 8 COLORADO SPECIAL PROVISIONS

8.1 CFO’S APPROVAL, C.R.S. § 24-30-202(1)

8.2 FUND AVAILABILITY, C.R.S. § 24-30-202(5.5)

8.3 GOVERNMENTAL IMMUNITY

8.4 INDEPENDENT CONTRACTOR

8.5 COMPLIANCE WITH LAW

8.6 CHOICE OF LAW, JURISDICTION, AND VENUE

8.7 PROHIBITED TERMS

8.8 SOFTWARE PIRACY PROHIBITION. SOFTWARE PIRACY PROHIBITION

8.9 EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST

8.10 VENDOR OFFSET AND ERRONEOUS PAYMENTS

9 ARTICLE 9 MISCELLANEOUS PROVISIONS

9.1 DEFINITIONS

9.2 PROFESSIONAL ASSOCIATION PERMITTED

9.3 DISSOLUTION OF PROFESSIONAL ASSOCIATION

9.4 WAGE RATES, in accordance with C.R.S. § 24-30-1404 (1)

9.5 PUBLIC ART LAW

9.6 ASSIGNMENT

9.7 SUBCONTRACTS

9.8 BINDING EFFECT

9.9 AUTHORITY

9.10 CAPTIONS AND REFERENCES

9.11 COUNTERPARTS

9.12 ENTIRE UNDERSTANDING

9.13 INTENT OF THE DOCUMENTS

9.14 DIGITAL SIGNATURES

9.15 MODIFICATION

9.16 STATUTES, REGULATIONS, FISCAL RULES AND OTHER AUTHORITY

9.17 EXTERNAL TERMS AND CONDITIONS

9.18 SEVERABILITY

9.19 SURVIVIAL AND CERTAIN CONTRACT TERMS

9.20 TAXES

9.21 THIRD PARTY BENEFICIARIES

9.22 WAIVER

9.23 CORA DISCLOSURE

9.24 STANDARD AND MANNER OF PERFORMANCE

9.25 LICENSES, PERMITS, AND OTHER AUTHORIZATIONS

9.26 INDEMNIFICATION

9.27 ACCESSIBILITY

10 ARTICLE 10 CONFIDENTIAL INFORMATION-STATE RECORDS

10.1 CONFIDENTIALITY

10.2 OTHER ENTITY ACCESS AND NONDISCLOSURE AGREEMENTS

10.3 USE, SECURITY, AND RETENTION

10.4 INCIDENT NOTICE AND REMEDIATION

10.5 DATA PROTECTION AND HANDLING

10.6 SAFEGUARDING PERSONAL IDENTIFIABLE INFORMATION (PII)

EXHIBIT A: CONSULTANT PROPOSAL .................................................................................. A

EXHIBIT B: WAGE RATES SCHEDULE ................................................................................... B

EXHIBIT C: BUILDING CODE COMPLIANCE POLICY .............................................................. C

Rev. 07/2025 1

SIGNATURE PAGE

THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT

Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature.

In accordance with §24-30-202, C.R.S., this Contract is not valid until signed by the State Controller (or an authorized delegate) or the Chief Financial Officer per the Fiscal Rules of the individual Institution of Higher Education

Project Number/Name: 1004402 / Campus Electrical Distribution System Comprehensive Plan Contract ID No.: CMS Number / 26-EN-1618

CONSULTANT

INSERT: Legal Name of Consultant

By: Name & Title of Person Signing for Consultant

Date: __________________

STATE OF COLORADO

Acting by and through: The Board of Directors of the Auraria Higher Education Center

By: Stacy L. Tino, Director of Procurement

Date: __________________

State Buildings Program

By: Holly Hall, Campus Architect

Date: __________________

AURARIA HIGHER EDUCATION CENTER

Zach Hermsen, Chief Financial Officer

By: Zach Hermsen, Chief Financial Officer Effective Date: __________________

Rev. 07/2025 2

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONSULTANT AGREEMENT

(STATE FORM SC-5.3)

Department ID: GMA Contract ID #: Insert Contract ID Project #: 1004402

PARTIES. THIS AGREEMENT is entered into by and between the STATE OF COLORADO, acting by and through the Board of Directors of the Auraria Higher Education Center, a body corporate and agency of the state of Colorado, 1201 5th Street, Suite 370, Denver, CO 80204, hereinafter referred to as the State or Principal Representative, and Insert Consultant's full Legal Name including "Inc.", "LLC" etc. having its offices at Street address, City, State and Zip Code hereinafter referred to as the Consultant.

EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Agreement shall not be effective or enforceable until it is approved and signed by the State’s Chief Financial Officer or its designee (hereinafter called the “Effective Date”), but shall be effective and enforceable thereafter in accordance with its provisions. The State shall not be bound by any provision of this Contract before the Effective Date, and shall have no obligation to pay Consultant for any Work performed or expense incurred before the Effective Date.

RECITALS:

WHEREAS, the Principal Representative intends to engage the services of a consultant for the Campus Electrical Distribution System Comprehensive Plan, hereinafter called the Project; and

WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment In Fund Number 1000, Account Number 1000-1250-53121-1023-A01-1004402; and

WHEREAS, funds are available for only a portion of the services defined herein, as more fully described in Article 2 Condition Precedent hereof; and

WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and

WHEREAS, the Consultant was selected and determined to be the most qualified, and fees negotiated in accordance with the provisions of Section C.R.S. § 24-30-1401, as amended.

NOW THEREFORE, it is hereby agreed that

Rev. 07/2025 3

1 ARTICLE 1 SCOPE OF WORK

The Consultant, in consideration of State's promises hereinafter made, promises to perform and accomplish all the work and services proposed, and in accordance with the terms and conditions set forth in the scope of work description and proposal dated , which documents are attached hereto and made a part hereof by reference as Exhibit A, (including the Consultant’s Services Schedule). Consultant shall undertake and perform the necessary work and services (as detailed in the Consultant’s Services Schedule outlining the required time to perform such work and services and including Principal Representative review times) as is customarily done in the professional practice of Consulting in the community for undertakings of similar character, scope and magnitude.

2 ARTICLE 2 COMPENSATION

In consideration for the performance of the said work and services including a not-to-exceed price for Reimbursable Expenses if applicable, Principal Representative agrees to pay to Consultant fees and charges not to exceed Insert dollar value written in words Dollars ($ ) as noted in Exhibit A. Payments to the Consultant shall be made monthly based upon Consultant’s performance and progress, through a properly executed Application for Payment (SC-7.1). Payments shall be due per C.R.S. § 24-30-202(24) (correct notice of amount due), within forty-five (45) days of receipt by the Principal Representative of the Applications for Payment.

2.1 ARTICLE 2.1 CONDITION PRECEDENT

2.1.1 FUTURE APPROPRIATIONS

Financial obligations of the Principal Representative payable after the current fiscal year are contingent upon funds for the purpose being appropriated, budgeted, and otherwise made available.

2.1.2 OBLIGATIONS

(At the time of the execution of this Agreement, there are sufficient funds budgeted and appropriated to compensate the Consultant only for performance of the Work through and including Define scope of work here. Therefore, it shall be a condition precedent to the Construction Manager’s performance of the remaining Work specified in Exhibit A, Proposal and the State’s liability to pay for such performance, sufficient funding must be made available to the Principal Representative for the Project prior to and, as a further condition precedent, a written Amendment to this Agreement is entered into in accordance with the State of Colorado Fiscal Rules, stating that additional funds are lawfully available for the Project. If either condition precedent is not satisfied by , the Construction Manager’s obligation to perform Work for (scope of work) and the State obligation to pay for such Work is discharged without liability to each other. If funding is eventually made available after , the Construction Manager has no right to perform the additional Work described in Exhibit A, Proposal this Agreement and the State has no right to require the Consultant to perform said Work.)

Rev. 07/2025 4

3 ARTICLE 3 REIMBURSABLE EXPENSE

3.1 REIMBURSEMENT

3.1.1 Reimbursable expenses are in addition to the compensation for said work and services and include actual expenditures made by the consultant and its employees and consultants in the interest of the Project. Pay requests for reimbursable expense shall be submitted with receipts, statements, or other acceptable supporting data. The consultant understands and agrees that a certain dollar amount as enumerated in EXHIBIT A, Consultant’s Proposal has been established as a maximum amount to be paid for all reimbursable expenses.

3.1.2 The Consultant shall be reimbursed for:

a. Fees of consultants, if their employment is authorized in advance by the Principal

Representative and any other services included in this Agreement;

b. Expense of data processing and photographic production techniques when used in connection with Additional Services;

c. Expense of long distance telecommunications related to the performance of the scope of services;

d. Expense of renderings, models and mock-ups requested by the Principal

Representative other than those described in the designated services;

e. Reimbursement of travel expenses is to be based on reasonable and necessary travel costs within the limits of State/Federal per diem rates as published in the travel section of the State Controller’s Fiscal Rules, Meal and Incidental Per Diem Rates, Appendix A1;

f. Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Principal Representative in excess of that required in Article 7.

4 ARTICLE 4 AGREEMENT EXPIRATION

Unless sooner terminated, this Agreement shall remain in effect until the work and services are completed and accepted by the Principal Representative.

5 ARTICLE 5 TERMINATION OF AGREEMENT

5.1 DEFAULT

Should the other party fail substantially to perform in accordance with its terms through no fault of the other, this Agreement may be terminated by either party upon thirty (30) days written notice with copies filed with the State Controller.

5.2 TERMINATION FOR CONVENIENCE OF STATE

The performance of the services under this Agreement may be terminated, in whole or from time to time in part, by the State whenever for any reason the Principal Representative shall determine that such termination is in the best interest of the State. Termination of services hereunder shall be affected by delivery to the Consultant of a Notice of

Rev. 07/2025 5

Termination specifying the extent to which performance of services under this Agreement is terminated and the date upon which such termination becomes effective.

After receipt of the Notice of Termination, the Consultant shall exercise all reasonable diligence to accomplish the cancellation of its outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any services terminated by the Notice.

6 ARTICLE 6 CONSULTANT’S ACCOUNTING RECORDS

Records of the Consultant’s Direct Personnel, Consultant, and reimbursable Expense pertaining to this Agreement and records of accounts between the Principal Representative and Consultant shall be kept on a generally recognized accounting basis and shall be available to the Principal Representative at mutually convenient times and extending to three (3) years after final payment under this Agreement.

7 ARTICLE 7 INSURANCE

7.1 GENERAL

The Consultant shall procure and maintain all insurance requirements and limits as set forth below, at their own expense, for the length of time set forth in Contract requirements. The Consultant shall continue to provide evidence of such coverage to State of Colorado on an annual basis during the aforementioned period including all of the terms of the insurance and indemnification requirements of this agreement. All below insurance policies shall include a provision preventing cancellation without thirty

(30) days’ prior notice by certified mail. A completed Certificate of Insurance shall be filed with the Principal Representative and State Buildings Program within ten (10) days after the date of the Notice of Award, said Certificate to specifically state the inclusion of the coverages and provisions set forth herein and shall state whether the coverage is “claims made” or “per occurrence”.

7.2 COMMERCIAL GENERAL LIABILITY INSURANCE (CGL)

This insurance must protect the Consultant from all claims for bodily injury, including death and all claims for destruction of or damage to property (other than the Work itself), arising out of or in connection with any operations under this Agreement, whether such operations be by the Consultant or by any Subcontractor under them or anyone directly or indirectly employed by the Consultant or by a Subcontractor. All such insurance shall be written with limits and coverages as specified below and shall be written on an occurrence form.

a) $1,000,000 each occurrence;

b) $1,000,000 general aggregate;

c) $1,000,000 products and completed operations aggregate; and

d) $50,000 any one fire.

The following coverages shall be included in the CGL:

Rev. 07/2025 6

a) Additional Insured status in favor of the State of Colorado.

b) The policy shall be endorsed to be primary and non-contributory with any insurance maintained by Additional Insureds.

c) A waiver of Subrogation in favor of all Additional Insured parties.

7.3 AUTOMOBILE LIABILITY INSURANCE

Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. Shall include specific waiver of subrogation.

7.4 WORKERS COMPENSATION INSURANCE

The Consultant shall procure and maintain Workers' Compensation Insurance at their own expense during the life of this Agreement, including occupational disease provisions for all employees per statutory requirements. Policy shall contain a waiver of subrogation in favor of the State of Colorado.

The Consultant shall also require each Subcontractor to furnish Workers' Compensation Insurance, including occupational disease provisions for all of the latter’s employees, and to the extent not furnished, the Consultant accepts full liability and responsibility for Subcontractor’s employees.

In cases where any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Workers’ Compensation statute, the Consultant shall provide, and shall cause each Subcontractor to provide, adequate and suitable insurance for the protection of employees not otherwise protected

7.5 PROFESSIONAL ERRORS AND OMISSIONS LIABILITY

(If this Agreement is for one of the following professional pre-design services such as;

geotechnical investigation and reporting, environmental assessment or land surveying or for construction administrative services such as material testing, than the following Professional Errors and Omissions Liability Insurance coverage applies).

Rev. 07/2025 7

The Consultant promises and agrees to maintain in full force and effect an Errors and Omissions Professional Liability Insurance Policy in the amounts (indicated in the following table) as minimum coverage or such other minimum coverage as determined by the Principal Representative and approved by the State Buildings Program. The policy, including claims made forms, shall remain in effect for the duration of this Agreement and for at least three years beyond the completion and acceptance of the Work. The Consultant shall be responsible for all claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from the performance of Professional Services contemplated in this Agreement, provided that any such claim, damage, loss or expense is caused by any negligent act, error or omission of the Consultant, any consultant or associate thereof, or anyone directly or indirectly employed by Architect/ Engineer. The Consultant shall submit a Certificate of Insurance verifying said coverage at the signing of this Agreement and also any notices of Renewals of said policy as they occur.

For a Fixed Limit of Construction Cost

Minimum Coverage per Claim

Minimum Coverage in the Aggregate

$999,999 and under $250,000 $500,000 $1,000,000 to $4,999,999 $500,000 $1,000,000 $5,000,000 to $19,999,999 $1,000,000 $2,000,000 $20,000,000 and Above $2,000,000 $2,000,000

8 ARTICLE 8 COLORADO SPECIAL PROVISIONS

8.1 CFO’S APPROVAL, C.R.S. § 24-30-202(1)

This contract shall not be valid until it has been approved by AHEC’s Chief Financial Officer or designee.

8.2 FUND AVAILABILITY, C.R.S. § 24-30-202(5.5)

Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.

8.3 GOVERNMENTAL IMMUNITY

Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch.

171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq.

C.R.S. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes.

8.4 INDEPENDENT CONTRACTOR

Consultant shall perform its duties hereunder as an independent Consultant and not as an employee. Neither Consultant nor any agent or employee of Consultant shall be deemed to be an agent or employee of the State. Consultant shall not have authorization, express or

Rev. 07/2025 8 implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Consultant and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Consultant or any of its agents or employees. Consultant shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. Consultant shall (i) provide and keep in force workers’ compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and

(iii) be solely responsible for its acts and those of its employees and agents.

8.5 COMPLIANCE WITH LAW

Consultant shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

8.6 CHOICE OF LAW, JURISDICTION, AND VENUE

Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.

8.7 PROHIBITED TERMS

Any term included in this Agreement that requires the State to indemnify or hold Consultant harmless; requires the State to agree to binding arbitration; limits Consultant’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of §24-106-109, C.R.S.

8.8 SOFTWARE PIRACY PROHIBITION. SOFTWARE PIRACY PROHIBITION

State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Consultant hereby certifies and warrants that, during the term of this Agreement and any extensions, Consultant has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Consultant is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.

8.9 EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST

C.R.S. § 24-18-201 and C.R.S. § 24-50-507 The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement.

Consultant has no interest and shall not acquire any interest, direct or indirect, that would

Rev. 07/2025 9 conflict in any manner or degree with the performance of Consultant services and Consultant shall not employ any person having such known interests.

8.10 VENDOR OFFSET AND ERRONEOUS PAYMENTS

C.R.S. § 24-30-202(1) & C.R.S. § 24-30-202.4 Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Consultant in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Consultant by deduction from subsequent payments under this Agreement, deduction from any payment due under any other Agreements, grants or agreements between the State and Consultant, or by any other appropriate method for collecting debts owed to the State.

9 ARTICLE 9 MISCELLANEOUS PROVISIONS

9.1 DEFINITIONS

“CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.

“Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et seq., C.R.S. Incidents include, without limitation, (i) successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent.

“PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101, C.R.S. “PII” shall also mean “personal identifying information” as set forth at § 24-74-102, et. seq., C.R.S.

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“State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S.

“State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Consultant which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Consultant without restrictions at the time of its disclosure to Consultant; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Consultant to the State; (iv) is disclosed to Consultant, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information.

“State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA.

“Subcontractors” means any third party engaged by Consultant to aid in performance of the Work.

“Work” means the goods delivered and services performed pursuant to this Agreement.

“Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work.

“Work Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work.

9.2 PROFESSIONAL ASSOCIATION PERMITTED

The Consultant may, with the prior written consent of the Principal Representative, join with them in the performance of this Agreement any other duly licensed Architect or Architects or registered Engineers with whom he may, in good faith, and enter into an association.

9.3 DISSOLUTION OF PROFESSIONAL ASSOCIATION

In the event there is dissolution of the association, other than by death of a member, the State of Colorado, acting by and through the Principal Representative, shall designate which former member shall continue with the work and may make all payments thereafter falling due in connection with the work directly to the person or persons so designated and without being required to look to the application of such payments as among the former members.

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9.4 WAGE RATES, in accordance with C.R.S. § 24-30-1404 (1)

As amended, the Consultant has executed a schedule, which is attached hereto and made a part hereof by reference as Exhibit B, Wage Rates Schedule, and by doing so is certifying that wage rates and other factual unit costs supporting the compensation paid by the State for these professional services are accurate, complete and current.

The original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Principal Representative determines the Agreement price had been increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such Agreement adjustments shall be made within one year following the end of this Agreement.

9.5 PUBLIC ART LAW

In recognition of the Public Art Law, C.R.S. § 24-48.5-312, as amended, if the State determines that this project is eligible for the acquisition of artworks in accordance with this law, the Consultant agrees to participate in the art selection process as an art jury member and to cooperate with and to advise the State in working with the commissioned artist(s) for this Capital Construction Project.

9.6 ASSIGNMENT

Consultant’s rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Consultant’s rights and obligations approved by the State shall be subject to the provisions of this Agreement.

9.7 SUBCONTRACTS

Consultant shall not enter into any subcontract in connection with its obligations under this Agreement without the prior, written approval of the State. Consultant shall submit to the State a copy of each such subcontract upon request by the State. All subcontracts entered into by Consultant in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement.

9.8 BINDING EFFECT

Except as otherwise provided in §9.5, all provisions of this Agreement, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns.

9.9 AUTHORITY

Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations have been duly authorized.

9.10 CAPTIONS AND REFERENCES

The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other

Rev. 07/2025 12 attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.

9.11 COUNTERPARTS

This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

9.12 ENTIRE UNDERSTANDING

This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein.

9.13 INTENT OF THE DOCUMENTS

In the event any disagreement exists as to the requirements of this Agreement and its exhibits, or if a conflict occurs between or within the requirements of this Agreement and its exhibits, the following order of precedence shall be followed to resolve the disagreement or conflict:

d) The Supplementary General Conditions, if any;

e) The Colorado Special Provisions, Article 8 of this Agreement;

f) Any Amendment of this Agreement;

g) All other terms of this Agreement (other than the Special Provisions); and

h) The Consultant’s proposal letter.

i) Any other Exhibit to this Agreement.

Unless Federal Provisions are Applicable, the Colorado Special Provisions of this Agreement, Article 8, shall in all cases, and without exception, take precedence, rule and control over all other provisions of this Agreement, any exhibits or amendments.

9.14 DIGITAL SIGNATURES

If any signatory signs this Agreement using a digital signature in accordance with the Colorado State Controller Agreement, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference.

9.15 MODIFICATION

Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules.

Modifications permitted under this Agreement, other than contract amendments, shall conform to the policies issued by the Colorado State Controller.

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9.16 STATUTES, REGULATIONS, FISCAL RULES AND OTHER AUTHORITY

Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Agreement.

9.17 EXTERNAL TERMS AND CONDITIONS

Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in any terms, conditions, or agreements appearing on Consultant’s or a Subconsultant’s website or…