Appendix B (2).docx

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

DESIGN/BUILD LUMP SUM (LS) AGREEMENT

(STATE FORM SC-8.0)

CONTRACT ID NUMBER:

AGENCY IDENTIFICATION NUMBER:

PROJECT NUMBER:

PROJECT NAME:

Rev. 1/2014

SC-8.0

STATE OF COLORADO

DESIGN/BUILD LUMP SUM (LS) AGREEMENT

(STATE FORM SC-8.0)

TABLE OF CONTENTS…………………………………………………………………………...Pages

Facilitated Negotiations D. Modification of Article 46. Time of Completion And Liquidated 10 Damages E. Notice Identification 11

SIGNATURE APPROVALS 12

EXHIBITS

A. The Design/Build Entity’s Technical Proposal, all Appendices, Addenda and Clarifications B. The Design/ Build Entity’s Cost Proposal, all Appendices, Addenda and Clarifications C. The Design/Build Entity’s Scope Narrative D. The Request for Proposals Document, all Appendices, Addenda and Clarifications E. Performance Bond (Form SC-6.22) F. Labor and Material Payment Bond (Form SC-6.21) G. Insurance Certificates (Including Professional Errors and Omissions Liability Insurance) H. Not Used I. Building Code Compliance Policy: Coordination of Approved Building Codes, Plan Reviews, and Building Inspections J. Certification and Affidavit Regarding Unauthorized Immigrants (Required at Contract Signing Prior to Commencing Work) K. Contract Management Information Construction Contractor

Rev. 1/2014 i

SC-8.0

STATE OF COLORADO

DESIGN/BUILD LUMP SUM (LS) AGREEMENT

(STATE FORM SC-8.0)

Agency I.D. Number

Contract ID No.:

Project No.:

PARTIES. THIS AGREEMENT is entered into by and between the STATE OF COLORADO, acting by and through the (agency) , hereinafter referred to as the State or Principal Representative, and (vendor name) having its offices at (vendor address) engaged to serve as Design/Build Entity, hereinafter referred to as the Design/Build Entity.

EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Agreement shall not be effective or enforceable until it is approved and signed by the State Controller 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 liable to pay or reimburse Design/Build Entity for any performance hereunder or be bound by any provision hereof prior to the Effective Date.

WHEREAS, the Principal Representative intends to engage the services of the Design/Build Entity to design and construct the following: hereinafter called the Project;

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 _______, Account Number _______, Contract Encumbrance Number ________;

WHEREAS, the State of Colorado has appropriated and the Principal Representative has been authorized to expend the total sum of Dollars ($ ) for this Project including all professional services, construction management/general contractor services, construction/improvements, Project contingencies, reimbursables, furnishings, movable equipment, and miscellaneous expenses;

WHEREAS, funds are available for only a portion of the services defined herein, as more fully described in the funding Condition Precedent clause in 5.2 hereof;

WHEREAS, the Principal Representative has established the Fixed Limit of Design and Construction Cost in the amount of ________________________Dollars ($______________);

WHEREAS, the Design/Build Entity acknowledges the statutory authority and responsibility of the Principal Representative within the State of Colorado;

WHEREAS, the Design/Build Entity was selected after a determination that its proposal was the most advantageous to the Principal Representative pursuant to a request for proposal issued and awarded on; and

WHEREAS, the Design/Build Entity and the Principal Representative have negotiated the terms of this Agreement pursuant to Section 24‑103‑203, C.R.S., as amended.

WITNESSETH, That the Principal Representative and the Design/Build Entity agree as follows:

ARTICLE 1. PERFORMANCE OF THE WORK

1.1.2 In the performance of the Work under this Agreement, the Design/Build Entity acknowledges that time is critical for Project delivery and that portions of the Work could have their design completed as separate Construction Phase(s) and under construction before other portions of the Work are fully designed. It is further recognized that this accelerated approach to construction is a concept that requires maximum cooperation between all parties.

1.1.3 The Principal Representative acknowledges that the Design/Build Entity shall provide ____ (__) Construction Phase(s) to accomplish the Work as mutually agreed upon. In the event the Principal Representative for any reason within the Principal Representative’s control, requests more than ____ (__) Construction Phase(s) to be furnished by the Design/Build Entity, the Principal Representative shall make arrangement with Design/Build Entity for the additional Construction Phase(s) desired and shall directly compensate the Design/Build Entity for all fees and cost associated therewith.

1.1.4 The Design/Build Entity agrees to use best efforts, to cooperate fully with the Principal Representative in the design and construction aspects of the Work, and to keep within the Principal Representative's monetary limitations, as stipulated above.

1.1.5 The organization of the Specifications into division, section, and article, and the arrangement of Drawings shall not control the Design/Build Entity in dividing the Work among any level of subcontractors or in establishing the extent of the work to be performed by any trade.

1.1.6 The Contract Price includes plumbing and electrical building permits from appropriate entities and any other building permits as directed by the Principal Representative.

ARTICLE 2. DESIGN/BUILD ENTITY’S SERVICES

The Design/Build Entity shall perform the following services under this Agreement in each of the phases described below:

PRE-CONSTRUCTION SERVICES

2.1 AVAILABLE FUNDS

2.1.1 The Design/Build Entity acknowledges that the Principal Representative is limited in the sum available to design and construct the Project. Should funding of a lesser amount be made available for the Project, it is the obligation of the Principal Representative to revise the Project Scope consistent with the ultimate appropriation.

2.2.2 The Principal Representative shall participate in the formulation and evaluation of alternatives in the Value Engineering activity.

2.3.2 Construction Cost: Development of the Schedule of Values shall include, without duplication:

2.3.3 The Construction Costs shall include the compensation of the Architect/Engineer and, the Architect/Engineer’s mechanical, electrical, plumbing and any other consultant required in the Request For Proposal or any other sums due the Architect/Engineer and it’s consultants, but shall not include the costs of land, right of way, financing or other costs, which are the responsibility of the Principal Representative. With prior approval of the Principal Representative, the Design/Build Entity shall contract with the Architect/Engineer to perform services in connection with the Project.

2.4.2 Design/Build Entity shall be responsible to the Principal Representative for acts and omissions of the Design/Build Entity's employees, subcontractors, agents and parties in privity of contract with the Design/Build Entity to perform any portion of the Work, including all design elements of the Project.

2.4.3 The Design/Build Entity is not licensed as an architect or engineer in the State of Colorado and is not authorized by law to perform design services. Accordingly, the Design/Build Entity will not perform design services pursuant to this Agreement, but will furnish and warrant such design services as otherwise herein provided as a subcontractor. Prior to designating a professional to perform any of these services, the Design/Build Entity shall submit the name, together with a resume of training and experience in the work of like character and magnitude for the Project being contemplated, to the Principal Representative, and receive approval in writing therefrom.

2.4.4 The Architect/Engineer shall make certain to the best of its knowledge, information and belief, that the drawings and specifications prepared by it are in compliance with the Approved Codes as adopted by State Buildings Programs (as a minimum standard) as indicated in Exhibit I, Approved Codes. Other more restrictive standards as specified by the Principal Representative are as indicated in Exhibit I. Drawings and specifications are to be reviewed by the State’s approved Code Review Agents at the appropriate phases and with the required information as described in the attached Code Compliance Plan Reviews Procedures and Building Inspections, Exhibit I.

2.4.5 No design consultant or subcontractor, not already approved by the Principal Representative, shall be engaged to perform work on the Project wherein a conflict of interest exists, such as being connected with the sale or promotion of equipment or material which may be used on the Project, provided, however, that in unusual circumstances and with full disclosure to the Principal Representative of such interest, the Principal Representative may provide a waiver, in writing, in respect to the particular consultant or subcontractor.

2.4.6 The Design/Build Entity shall review with the Principal Representative alternative approaches to design and construction of the improvements.

2.4.7 The Design/Build Entity has submitted to the Principal Representative a preliminary design for the work and a proposed schedule for completion of the improvements for the Project in the technical proposal, Exhibit A, and the cost proposal, Exhibit B. Prior to the development of Construction Documents, the Design/Build Entity shall provide Design Development Phase drawings for review which shall resolve outstanding issues with the preliminary design and shall fix all design elements and Construction Phase(s) of the Project for final review by the Principal Representative.

2.4.8 At intervals appropriate to the progress of the Design Development Phase, the Design/Build Entity shall provide the Principal Representative with copies of all materials, documents, and studies necessary to permit the Principal Representative to monitor, review, provide input to, and any necessary acceptance of, the Design Development Phase in progress and completed components thereof.

2.4.9 The Design/Build Entity shall provide no fewer than ____(__) complete sets of Drawings, Specifications, and such other documents necessary to fully illustrate the complete Design Development Phase to the Principal Representative for the Principal Representative’s approval.

2.4.10 For the Principal Representative’s review and approval of the complete Design Development submittal, the Design/Build Entity shall also include the Design/Build Entity’s updated Scope Narrative for the Project.

2.4.11 The Principal Representative’s final Design Development Phase review must be completed within ____(__) days, excepting holidays, commencing with the date of receipt of the complete documents by the Principal Representative. Final review by State Buildings Programs Code Review Agents, are conducted separately from the Principal Representative review and shall be coordinated by the Design/Build Entity per 2.4.4 hereof.

2.4.12 The Design/Build Entity shall respond to all written Design Development Phase review comments in a written, tabular format. Any reviews held in meeting format shall be documented by the Design/Build Entity and copies distributed as directed by the Principal Representative. The Design/Build Entity shall record minutes of all design meetings and distribute them to all participants of the meeting. The Design/Build Entity shall by responsible for resolving review comments and obtaining necessary approvals prior to proceeding with the Construction Documents.

2.4.13 Upon final review and approval of the Design Development Phase, the Design/Build Entity shall develop and submit Construction Documents and Specifications coordinated with the Construction Phase schedule as follows:

1. A Minimum thirty percent complete Construction Documents;

2. A Minimum sixty percent complete Construction Documents; and

3. A Minimum one hundred percent complete Construction Documents.

2.4.14 The Construction Documents (CDs) shall be developed and submitted in accordance with the information and detail required for each Construction Phase and shall illustrate the extent and scope of work fixed directly or indirectly by the previous and corresponding Construction Phase(s) and work related to it. Upon review and approval of each CD submittal, the Principal Representative shall issue a Notice to Proceed to Commence Construction Phase for that related Construction Phase.

2.4.15 The thirty percent complete CD submittal shall contain all information required for and related to the Construction Phase ____ (__), including, but not limited to the following:

1. Analysis of the Project as it relates to applicable codes, a complete State Buildings Program Code review and a Fire Code Compliance Plan.

2. Any changes made to the Technical Proposal, Exhibit A, as a result of the Design Development review.

3. Site Development Drawings, defining the proposed scope of development including demolition, earthwork, surface development, grading and drainage analysis and utility infrastructure; and confirm accessibility and other design requirements as indicated in the Request for Proposal, Exhibit D.

4. Complete stamped, engineered drawings for foundation and slab design in conformance with the requirements of the Geotechnical Report dated ______ as provided in the Request For Proposals, Exhibit D.

5. Dimensioned floor plans indicating all interior wall, exterior wall and structural elements and any other dimensions necessary for the engineered foundation plans, and including proposed movable equipment and furnishings, label rooms with square footage size.

6. Exterior elevations, including detailed material notes, vertical dimensions as appropriate and any information necessary to the development of engineered foundation plans.

7. Building and wall sections with information in sufficient detail to define the basic building structure and any additional scope related to or affected by Construction Phase(s).

8. Cut‑sheets, materials, equipment and system components, including all such items normally specified under the CSI format Divisions 4, 6 through 9, and 13 through 16, as they related to the 30% CD submittal.

9. All mechanical, electrical, and plumbing systems and equipment affected directly or indirectly by the scope of the Construction Phase(s).

10. Outline specifications, including Division 1, using CSI format, identifying conditions of the Agreement, materials, and standards of quality.

11. An updated schedule, including a timetable for submission of any other designs required due to change orders or Value Engineering.

12. An updated Scope Narrative for the Project.

2.4.16 The Design/Build Entity shall provide no fewer than ____(__) complete sets of Drawings, Specifications, and such other documents necessary to fully illustrate the 30% complete CDs to the Principal Representative for the Principal Representative's approval.

2.4.17 The Design/Build Entity shall make certain that to the best of its knowledge, information and belief, the CD Drawings and Specifications prepared by it are in full compliance with all applicable codes, regulations, laws and ordinances, including both technical and administrative provisions thereof. It shall be the responsibility of the Design/Build Entity to submit documents and secure approvals as required for State Buildings Program’s Code Compliance Review as per 2.4.4 hereof.

2.4.18 Upon the Principal Representative’s review and approval of the 30% CD submittal, the Design Entity shall prepare, for review and approval by the Principal Representative a 60% complete CD submittal, including all information required by and related to Construction Phase(s) ____. The submittal will consist of construction documents at 60% complete, including Project Specifications in CSI format and further development of all items required in the 30% submittal as provided in 2.4.15 hereof. The Design/Build Entity shall furnish no fewer than ____ (__) complete sets of all 60% documents and Construction Phase(s) ____ for review by the Principal Representative.

2.4.19 Upon the Principal Representative’s review and approval of the 60% complete CD submittal, the Design/Build Entity shall prepare, for the Principal Representative’s final review and approval, a 100% complete CD submittal, including all information required in Construction Phase(s) ____ and all drawings and specifications necessary for completion of the Project. This submittal shall also include the Design/build Entity’s final Scope Narrative for the Project.

2.4.20 These 100% and final Construction Phase(s) documents, when submitted for approval shall include a minimum of ____(__) complete sets of the following for the Principal Representative's review:

.1 Complete architectural, civil, site development, utility, structural, mechanical and electrical drawings. The Architect/Engineer shall provide record sets of prints of the Construction Documents which bear the seal of the professional license and the signature of the appropriate consultants;

.2 Complete sets of all of the Construction Phase(s) Documents including specifications in CSI format;

.3 The title sheet shall contain the International Building Code occupancy type, construction type, gross square footage, net square footage, gross building volume and code compliance report, and the area and volume take‑off;

.4 A Code Compliance Review and Fire Code Compliance Plan that defines area separations, fire and smoke barriers, exits, exit passages, exit enclosures and fire protection or alarm systems.

.5 The final Construction Phase(s).

2.4.21 It shall be the responsibility of the Design/Build Entity to establish a design submittal and review schedule in conjunction with the Principal Representative as directed that is mutually acceptable.

2.4.22 The final Construction Documents shall be subject to the final approval by the Principal Representative, State Buildings Program and other reviewing authorities. The Principal Representative’s final review must be completed within ____ (__) days, excepting holidays, commencing with the date of receipt of the complete documents by the Principal Representative. Final review by State Buildings Programs Code Review Agents, are conducted separately from the Principal Representative review and shall be coordinated by the Design/Build Entity per 2.4.4 hereof.

2.4.23 The Design/Build Entity shall respond to all written Construction Document review comments in a written, tabular format. Any reviews held in meeting format shall be documented by the Design/Build Entity and copies distributed as directed by the Principal Representative. The Design/Build Entity shall record minutes of all design meetings and distribute them to all participants of the meetings. The Design/Build Entity shall be responsible for resolving review comments and obtaining necessary approvals prior to proceeding with the work.

2.4.24 In addition to the copies required for the preceding Design Phases, the Design/Build Entity shall furnish sufficient sets of the CDs to insure distribution among subcontractors and reviewing authorities as directed by the Principal Representative.

2.4.25 The Design/Build Entity is responsible for the cost of all expenses including but not limited to the reproduction requirements outlined in this Article 2. The Principal Representative shall pay for any additional review sets required in addition to those sets specified above.

2.4.26 The Design/Build Entity shall review the Drawings and Specifications as such are prepared, and shall recommend alternative solutions whenever design details affect construction feasibility, schedules or costs.

2.4.27 The Design/Build Entity shall divide the Work in the Drawings and Specifications to facilitate the bidding and awarding of sub-subcontracts, allowing for phased construction and funding, if practicable, taking into consideration such factors as time of performance, availability of labor, overlapping trade jurisdictions, provisions for temporary facilities, etc.

2.4.28 Prior to submission for review and approval, the Design/Build Entity shall review Drawings and Specifications with the Architect/Engineer to (1) eliminate areas of conflict, overlapping trade jurisdictions and overlapping Work to be performed by the various sub-subcontractors, (2) endeavor to confirm that all Work has been included, and (3) allow for phased construction. It is the responsibility of the Design/Build Entity to submit complete, coordinated drawings and specifications. All submittals made under the terms of this Agreement must be complete per the requirements of Article 2 and include all required materials at the time of submittal. Incomplete submittals will not be reviewed by the Principal Representative, and the review periods of 2.4.11 and 2.4.22 shall not commence until complete submittals have been received under the terms of this Agreement. If the Principal Representative exceeds the ____ (__) day review period for any complete submittal made under the terms of this Agreement, and such time extension is shown to cause a delay in the critical path, the Design/Build Entity shall have the right to add the corresponding calendar days of delay to the overall Project construction schedule.

2.4.29 The Design/Build Entity shall develop a Construction Schedule based upon the Architect/Engineer’s design efforts and design schedule as approved by the Principal Representative, and which is coordinated and integrated therewith.

2.4.30 The Design/Build Entity and the Architect/Engineer and it’s Consultants shall attend all preconstruction meetings with the Principal Representative and such additional meetings as the Principal Representative may request. All preconstruction meetings shall be scheduled by the Design/Build Entity with the approval of the Principal Representative. All additional meetings shall be scheduled by the Principal Representative.

CONSTRUCTION PHASE

2.5.2 The Design/Build Entity shall establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Team.

2.5.3 The Design/Build Entity shall schedule and conduct weekly progress meetings at which the Principal Representative, Architect/Engineer, Architect/Engineer’s Consultants, and Design/Build Entity can discuss jointly such matters as procedures, progress, schedule, costs, quality control and problems.

2.5.4 The Design/Build Entity shall record and distribute minutes of all construction meetings.

2.5.5 The Design/Build Entity shall assist in developing and implementing a system for the preparation, processing and tracking of Modification, Amendments and Change Orders and recommend necessary -or desirable changes to the Principal Representative.

2.5.6 The Design/Build Entity shall propose and implement an approved procedure for coordinating and tracking all required Code Compliance Building Inspections as indicated on the Building Inspection Record (BIR) as provided by the State Buildings Programs approved Code Review Agent at the appropriate Construction Phase(s) as described in the attached Code Compliance Plan Review Procedures and Building Inspections, Exhibit I.

ARTICLE 3. OWNERSHIP OF DOCUMENTS

3.1.2 Upon execution of this Agreement and the contract between the Design/Build Entity and the Architect/Engineer, the Architect/Engineer shall grant to the State a perpetual nonexclusive license to reproduce and use, and permit others to reproduce and use for the State, the Architect/Engineer’s Instruments of Service solely for the purposes of constructing, using and maintaining the Project for future alterations or additions to the Project. The Architect/Engineer shall obtain similar nonexclusive licenses from the Architect/Engineer’s consultants consistent with this Agreement. If and upon the date the Architect/Engineer is adjudged in default, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the State to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections and additions to the Instruments of Service solely for the purposes of completing, using and maintaining the Project for future alterations or additions to the Project.

3.1.3 Any unilateral use by the State of the Instruments of Service for completing, using, maintaining, adding to or altering the Project or facilities shall be at the State’s sole risk and without liability to the Architect/Engineer and the Architect/Engineers consultants; provided, however, that if the State’s unilateral use occurs for completing, using or maintaining the Project as a result of the Architect/Engineer’s default, nothing in this Article shall be deemed to relieve the Architect/Engineer of liability for its own acts or omissions or default.

ARTICLE 4. TIME OF COMMENCEMENT AND COMPLETION

4.1.2. The Construction Phase shall commence on the date of first Notice to Proceed to Commence Construction Phase as issued by the Principal Representative as provided in 2.4.14 hereof.

ARTICLE 5. CONTRACT SUM

5.1 CONTRACT LUMP SUM PRICE

5.1.1 The Design/Build Entity will be paid for the performance of this Agreement, subject to any additions and deductions as provided for in Article 32, 34 and 35 of the General Conditions of the Design/Build Agreement (SC-8.1) the lump sum contract price of $_____________ dollars and no/100 ($____)(the “Contract Price”).

5.2 CONDITION PRECEDENT

5.2.1 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.

5.2.2 Condition Precedent: At the time of the execution of this Agreement, there are sufficient funds budgeted and appropriated to compensate the Design/Build Entity only for performance of the Work through and including ________. Therefore, it shall be a Condition Precedent to the Design/Build Entity’s performance of the remaining Work specified in ______ 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 Design/Build Entity’s obligation to perform Work for ______ and the State obligation to pay for such Work is discharged without liability to each other. If funding is eventually made available after ______, the Design/Build Entity has no right to perform the work under ______ of this Agreement and the State has no right to require the Design/Build Entity to perform said Work.

ARTICLE 6. OPTIONAL PROVISIONS AND ELECTIONS

The provisions of this Article alter the preceding Articles or enlarge upon them as indicated (General Conditions of the Design/Build Agreement SC-8.1):

The Principal Representative and or the State Buildings Programs shall mark boxes and initial where applicable.

A. MODIFICATION OF ARTICLE 45. GUARANTEE INSPECTIONS AFTER COMPLETION

If the box below is marked the six month guarantee inspection is not required.

|_| ______ Principal Representative initial

B. MODIFICATION OF ARTICLE 27. LABOR AND WAGES

If the box is marked the Federal Davis-Bacon Act shall be applicable to the Project. The minimum wage rates to be paid on the Project shall be furnished by the Principal Representative and included in the Contract Documents.

|_| ______ Principal Representative initial

C. MODIFICATION OF ARTICLE 39. NON-BINDING DISPUTE RESOLUTION – FACILITATED NEGOTIATIONS If the box is marked, and initialed by the State as noted, the requirement to participate in facilitated negotiations shall be deleted from this Contract. Article 39, Non-Binding Dispute Resolution – Facilitated Negotiations, shall be deleted in its entirety and all references to the right to the same where ever they appear in the contract shall be similarly deleted.

The box may be marked only for projects with an estimated value of less than $500,000.

|_| ______ Principal Representative initial

D. MODIFICATION OF ARTICLE 46. TIME OF COMPLETION AND LIQUIDATED DAMAGES

If an amount is indicated immediately below, liquidated damages shall be applicable to this Project as, and to, the extent shown below. Where an amount is indicated below, liquidated damages shall be assessed in accordance with and pursuant to the terms of Article 46, Time Of Completion and Liquidated Damages, in the amounts and as here indicated. The election of liquidated damages shall limit and control the parties right to damages only to the extent noted.

1. For the inability to use the Project, for each day after the number of calendar days specified in the Design/Build Entity’s proposal for the Project and the Agreement for achievement of Substantial Completion, until the day that the Project has achieved Substantial Completion and the Notice of Substantial Completion is issued, the Design/Build Entity agrees that an amount equal to _____________________________ ($ ) shall be assessed against Design/Build Entity from amounts due and payable to the Design/Build Entity under the Contract, or the Design/Build Entity and the Design/Build Entity’s Surety shall pay to the Principal Representative such sum for any deficiency, if amounts on account thereof are deducted from remaining amounts due, but amounts remaining are insufficient to cover the entire assessment.

2. For damages related to or arising from additional administrative, technical, supervisory and professional expenses related to and arising from the extended closeout period, for each day in excess of the number of calendar days specified in the Design/Build Entity’s proposal for the Project and the Agreement to finally complete the Project as defined by the issuance of the Notice of Final Acceptance) after the issuance of the final Notice of Substantial Completion, the Design/Build Entity agrees that an amount equal to ____________________________________ ($ ) shall be assessed against Design/Build Entity from amounts due and payable to the Design/Build Entity under the Contract, or the Design/Build Entity and the Design/Build Entity’s Surety shall pay to the Principal Representative such sum for any deficiency, if amounts on account thereof are deducted from remaining amounts due but amounts remaining are insufficient to cover the entire assessment.

E. NOTICE IDENTIFICATION

All Notices pertaining to General Conditions or otherwise required to be given shall be transmitted in writing, to the individuals at the addresses listed below, and shall be deemed duly given when received by the parties at their addresses below or any subsequent persons or addresses provided to the other party in writing.

Notice to Principal Representative:

With copies to (State Buildings Programs (or Delegate) State of Colorado):

Notice to Design/Build Entity:

With copies to:

THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT

Persons signing for Design/Build Entity hereby swear and affirm that they are authorized to act on Design/Build Entity’s behalf and acknowledge that the State is relying on their representations to that effect. Principal is not a recognized title and will not be accepted.

THE DESIGN/BUILD ENTITY:

STATE OF COLORADO, acting by and through: (Insert Name & Title of Agency or IHE)

By:

Legal Name of Contracting Entity

(Insert Name & Title of Person Signing for Agency or IHE)

Date:

*Signature

APPROVED

DEPARTMENT OF PERSONNEL & ADMINISTRATION

By

STATE BUILDINGS PROGRAMS

Name (print) Title

State Architect (or authorized Delegate)

Date:

By:

(Insert Name of Authorized Individual)

Date:

APPROVED

DEPARTMENT OF LAW

ATTORNEY GENERAL (or authorized Delegate)

By:

(Insert Name of Authorized Individual)

Date:

ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER:

CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Design/Build Entity is not authorized to begin performance until such time. If Design/Build Entity begins performing prior thereto, the State of Colorado is not obligated to pay Design/Build Entity for such performance or for any goods and/or services provided hereunder.

APPROVED:

STATE OF COLORADO

STATE CONTROLLER'S OFFICE

State Controller (or authorized Delegate)

By:

(Insert Name of Authorized Individual)

Date:

Rev. 1/2014 Page 12 of 12

SC-8.0

STATE OF COLORADO

DESIGN/BUILD LUMP SUM (LS) AGREEMENT

EXHIBIT A

DESIGN/BUILD ENTITY’S TECHNICAL PROPOSAL

EXHIBIT B

DESIGN/BUILD ENTITY’S COST PROPOSAL

EXHIBIT C

DESIGN/BUILD ENTITY’S SCOPE NARRATIVE

EXHIBIT D

THE REQUEST FOR PROPOSALS

EXHIBIT E

PERFORMANCE BOND (SC-6.22)

EXHIBIT F

LABOR AND MATERIAL PAYMENT BOND (SC-6.21)

EXHIBIT G

INSURANCE CERTIFICATES (INCLUDING PROFESSIONAL ERRORS AND OMISSIONS LIABLITY INSURANCE)

EXHIBIT I

BUILDING CODE COMPLIANCE POLICY: COORDINATION OF APPROVED BUILDING CODES, PLAN REVIEWS AND BUILDING INSPECTIONS

EXHIBIT J

CERTIFICATION AND AFFIDAVIT REGARDING UNAUTHORIZED IMMIGRANTS (REQUIRED AT CONTRACT SIGNING PRIOR TO COMMENCING WORK)

EXHIBIT K

CONTRACT MANAGEMENT INFORMATION – VENDOR PERFORMANCE EVALUATION FORM (Form SB-228.v1)(as applicable) image1.png