SC-5.1

Rev. 05/2026

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT

DESIGN/BID/BUILD (D/B/B)

(STATE FORM SC-5.1)

State Agency Insert Department or IHE’s Full Legal Name Department I.D.

Insert Department identification Contract I.D. Number Insert CMS number or other contract number Project Number Insert OSC Project Number Project Name Insert Project as as provided by the State Controller's Office 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 Contractor:

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

ATTACHMENT 1: Architect/Engineer Agreement Terms and Conditions, SC-5.1TC

Rev. 05/2026 TOC

STATE OF COLORADO

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

(STATE FORM SC-5.1)

TABLE OF CONTENTS (partial) ............................................................. Page (TABLE OF CONTENTS for entire agreement located in Attachment 1 – Architect/Engineer Agreement Terms and Conditions, SC-5.1TC)

RECITALS:

1 ARTICLE 1 BASIC SERVICES OF ARCHITECT/ENGINEER

1.1 THE SERVICES

1.1.1 Professional Services

1.1.2 Buy Clean Colorado

1.2 DEVELOPMENT OF THE PROJECT

1.2.5.6 Bidding Phase

1.2.7 Post Construction Phase

2 ARTICLE 2 REIMBURSABLE EXPENSE

2.1 REIMBURSEMENT

2.1.1 Basic and Additional Services

2.1.2 Items for Reimbursement

3 ARTICLE 3 BASIS OF COMPENSATION

3.1 PAYMENT

3.1.1 The Total Compensation

3.1.2 Monthly Payments

3.5 CONDITION PRECEDENT

12 ARTICLE 12 MISCELLANEOUS PROVISIONS

12.26 DESIGNATED REPRESENTATIVES

EXHIBIT A: ARCHITECT/ENGINEER PROPOSAL ............................................... A EXHIBIT B: WAGE RATES SCHEDULE ........................................................... B

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

EXHIBIT D: ADDITIONAL DESIGN REQUIREMENTS/ PROGRAM PLAN/SUSTAINABILITY

GOALS ................................................................................................ E

SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS ........................ E

Rev. 05/2026 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 Title of IHE CFO per the Fiscal Rules of the individual Institution of Higher Education

Project Number/Name: Insert OSC Project Number followed by Project Name Contract ID No.: Insert CMS Number & Encumbrance Number

CONSULTANT

INSERT: Legal Name of Consultant

By: Name & Title of Person Signing for Consultant

Date: __________________

STATE OF COLORADO

Jared S. Polis, Governor

INSERT: Name of Agency or IHE INSERT: Name & Title of Head of Agency / IHE

By: Name & Title of Person Signing for Agency or

IHE

Date: __________________

State Buildings Program

By: Name & Title of Person Signing for State Buildings

Date: __________________

STATE CONTROLLER

Robert Jaros, CPA, MBA, JD

By: Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval

Effective Date: __________________

Rev. 05/2026 1

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

(STATE FORM SC-5.1)

Department ID: Insert Dept. Code Contract ID #: Insert Contract ID Project #:Insert Project #

PARTIES. THIS AGREEMENT is entered into by and between the STATE OF COLORADO, acting by and through the Insert Department's or IHE's Full Legal Name hereinafter referred to as the State or Principal Representative, and Insert Contractor's full Legal Name including "Inc.", "LLC" etc. having its offices at Street address, City, State and Zip Code hereinafter referred to as the Architect/Engineer.

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 bound by any provision of this Contract before the Effective Date, and shall have no obligation to pay Architect/Engineer for any Work performed or expense incurred before the Effective Date.

RECITALS:

WHEREAS, the Principal Representative intends to procure Insert Project Name as provided by the State Controller's Office 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 Insert Fund Number Here, Account Number Insert Account Number here; and

WHEREAS, the State has Appropriated and the Principal Representative has been authorized to expend the total sum of Insert dollar value written in words Dollars ($ ) for this project including all professional services, construction/improvements, project contingencies, furnishings, movable equipment, reimbursable expenses and miscellaneous expenses; and

(WHEREAS, funds are available for only a portion of the services defined herein, as more fully described in the funding Condition Precedent clause in Article 3.5)

Rev. 05/2026 2

WHEREAS, the Principal Representative has established the Fixed Limit of Construction Cost in the amount of Insert dollar value written in words Dollars ($ ) and

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

ENTIRE AGREEMENT – The entire contract consists of the Architect/Engineer Agreement (SC-5.1) and Attachment 1, the Architect/Engineer Terms and Conditions (SC-5.1TC) incorporated herein by reference. The ARCHITECT/ENGINEER acknowledges having reviewed and accepted the Architect/Engineer Agreement Terms and Conditions (SC-5.1TC).

NOW, THEREFORE,

The Principal Representative and the Architect/Engineer, for the considerations hereinafter set forth, agree as follows:

1 ARTICLE 1 BASIC SERVICES OF ARCHITECT/ENGINEER

1.1 THE SERVICES

1.1.1 Professional Services

For services in connection with the design of a funded project, the Architect/Engineer promises to perform the professional services for the contemplated project as delineated in the proposal letter dated , submitted by the Architect/Engineer, which is attached hereto and made a part hereof by reference as Exhibit A. In addition, the Architect/Engineer promises to perform the professional services as set forth in Terms and Conditions (SC-5.1TC) 1.1.1, 1.1.2, 1.1.3, 1.1.4, 1.1.5, 1.1.6 and 1.1.7.

1.1.2 Buy Clean Colorado

If the box below is marked, this Project meets the definition of Public Project and must comply with the requirements of the Buy Clean Colorado Act, §24- 92-117, C.R.S. (BCCO), and the Buy Clean Colorado Act Policy established by the State’s Office of State Architect (OSA). Refer to Exhibit C: State Development Requirements of the Code Compliance Policy.

☐ ______ Principal Representative initial

1.1.2.1 The Architect/Engineer shall specify an Environmental Product Declaration (EPD) for each eligible material (specified below) within the project specifications included in the bid documents. When specifying materials, the Architect/Engineer shall prioritize products with EPDs for the design. The Architect/Engineer will verify EPD compliance using the BCCO EPD Submittal form (EE-5.2). The Architect/Engineer must verify that the specified EPDs

Rev. 05/2026 3 contain global warming potential (GWP) values that are less than or equal to the maximum GWP limits established by OSA.

During the submittal process the Architect/Engineer shall work with the Contractor to ensure that eligible materials are obtainable and can be installed. If an eligible material with a compliant EPD is unobtainable, a waiver process defined by OSA shall be utilized.

1.1.2.2 “Eligible materials” or “material categories” means materials used in the construction of a Public Project, including:

a) Asphalt and asphalt mixtures

b) Cement and concrete mixtures

c) Glass

d) Post-tension steel

e) Reinforcing steel

f) Structural steel

g) Wood structural elements

1.2 DEVELOPMENT OF THE PROJECT

1.2.5.6 Bidding Phase

The Architect/Engineer shall furnish copies of the Construction Documents as follows, subject to limitations hereinafter set forth:

a) For Bidding Documents: ( ) electronic sets to enable distribution among prime contractors and subcontractors in accordance with the advertisement for bids.

b) For Contract Documents: The Principal Representative will require up to ( ) electronic sets. The Contract Documents bearing the seal and the signature of the Architect/Engineer and the appropriate responsible professional Engineering Consultants are to be signed by the Contractor and the Principal Representative at the Contractor's contract signing conference. The Architect/Engineer acknowledges that prior to the contract signing conference and State Buildings Program authorizing the Notice to Proceed State Form SBP-6.26, a Letter of Compliance must be obtained from the State’s Code Review Agent verifying that the contract Documents and all addenda, value engineering recommendations and all other changes to the bidding documents are in compliance with the applicable codes as adopted by State Buildings Program as indicated in Exhibit C.

c) For Construction: Each prime contractor shall be furnished with ( ) electronic sets or partial sets of the Contract Documents to enable prompt prosecution of the work.

d) ( ) complete sets of drawings and specifications shall be the maximum required to be furnished by the Architect/Engineer. The Principal Representative will pay for all other sets of documents or partial sets of documents required at the cost of reproduction.

Rev. 05/2026 4

1.2.7 Post Construction Phase

1.2.7.1 (As designated and defined in the Architect/Engineer’s Proposal Exhibit A.)

2 ARTICLE 2 REIMBURSABLE EXPENSE

2.1 REIMBURSEMENT

2.1.1 Basic and Additional Services

Reimbursable expenses are in addition to the compensation for Basic and Additional Services and include actual expenditures made by the Architect/Engineer and its employees, associate Architect/Engineer, 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 Architect/Engineer understands and agrees that a certain dollar amount as enumerated in line H of paragraph 3.1.1 has been established as a maximum amount to be paid for all reimbursable expenses.

2.1.2 Items for Reimbursement

The Architect/Engineer shall be reimbursed for:

a) In accordance with the provisions of paragraph 1.2.5.6 (d) of this

Agreement, for all copies over ( ) of the Construction Documents which are provided for the project.

b) The costs of all items furnished by the Architect/Engineer in accordance with paragraphs 5.1.1 (d) and (e) of the Architect/Engineer Agreement Terms and Conditions Design/Bid/Build (SC-5.1TC) as requested by the Principal Representative.

c) Fees of special consultants if their employment is authorized in advance by the Principal Representative for other than the required architectural, structural, mechanical, electrical and civil engineering services;

landscaping, if any; space planning/interior layout; and any other services included in this Agreement.

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

e) Expense of long distance telecommunication related to the performance of Basic Services.

f) Expense of renderings, models and mock-ups requested by the Principal Representative other than those described in the designated services.

g) Expense of mail, deliveries, mileage for local travel other than that necessary for the performance of Basic Services, and expense travel for consultants per Article 1 Basic Services of Architect/Engineer.

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.

Rev. 05/2026 5

h) Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Principal Representative in excess of that required in Article 8 as set forth in the Terms and Conditions (SC-5.1TC).

i) Other expenses as approved in writing by the Principal Representative and State Buildings Program.

3 ARTICLE 3 BASIS OF COMPENSATION

3.1 PAYMENT

3.1.1 The Total Compensation

The total compensation for Basic Services fees (B through F), including a not-to-exceed price for Reimbursable Expenses and, if applicable, Pre-Design and Post Construction Services fees (A and/or G), shall be allocated as follows:

A. Pre-Design Phase (If Applicable) $_____________ B. Schematic Design Phase $_____________ C. Design Development Phase $_____________ D. Construction Documents Phase $_____________ E. Bidding Phase $_____________ F. Contract Administration Phase $_____________ G. Post Construction Phase $_____________ H. Reimbursable Expenses (not to exceed) $_____________

TOTAL COMPENSATION $_____________

3.1.2 Monthly Payments

Payments to the Architect/Engineer shall be made monthly based upon Architect/Engineer's performance and progress, through a properly executed Application for Payment (SBP-7.1). Payments shall be due per § 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.

3.5 CONDITION PRECEDENT

(At the time of the execution of this Agreement, there are sufficient funds budgeted and appropriated to compensate the Architect/Engineer only for performance of the services through and including Insert the phases that have been fully funded Therefore, it shall be a Condition Precedent to the Architect/Engineer's performance of the remaining services specified in Insert the parts of Article 1.2 that describes the services not fully funded_and the State's liability to pay for such performance, sufficient funding must be appropriated and made available to the Principal Representative for the Project prior to and, as a further Condition Precedent, a written Amendment 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 Architect/Engineer's obligation to perform services for Insert the scope pf work or phases that will be completed as part of the Condition

Rev. 05/2026 6

Precedent and the State's obligation to pay for such service is discharged without liability to each other. If funding is eventually made available after , the Architect/Engineer has no right to perform services under Insert the parts of Article 1.2 that describes the services not fully funded of this Agreement and the state has no right to require the Architect/Engineer to perform the said services.)

12 ARTICLE 12 MISCELLANEOUS PROVISIONS

12.26 DESIGNATED REPRESENTATIVES

The Principal Representative and the Architect/Engineer authorize the individuals noted on the cover page to act on their behalf as Designated Representatives and points of contact as described in paragraphs 1.1.4 and 5.1.1(b):

FOR THE STATE:

Insert Name of Individual acting on the PR behalf Insert Street Address City, State Zip Code Insert email address

FOR THE ARCHITECT/ENGINEER:

Insert Name of Individual acting on the contractor behalf Insert Street Address City, State Zip Code Insert email address

Rev. 05/2026 Ex A

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

EXHIBIT A: ARCHITECT/ENGINEER PROPOSAL

ARCHITECT/ENGINEER PROPOSAL

(Including Design Services Schedule and Certificates of Insurance, attached)

Rev. 05/2026 Ex B

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

EXHIBIT B: WAGE RATES SCHEDULE

WAGE RATES SCHEDULE

(Attached)

Rev. 05/2026 Ex C

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT

DESIGN/BID/BUILD

EXHIBIT C: BUILDING CODE COMPLIANCE POLICY

APPROVED STATE BUILDING CODES

BUILDING CODE COMPLIANCE POLICY: COORDINATION OF APPROVED BUILDING

CODES, PLAN REVIEWS, BUILDING INSPECTIONS AND STATE DEVELOPMENT

REQUIREMENTS

Refer to the Office of the State Architect’s Building Codes Webpage for the Building Code Compliance Policy (Rev. July 2025)

Exhibit A: Approved Building Codes of the Code Compliance Policy dated July 2025 including the Amendments to the International Building Code and Code Compliance Plan Review Procedures (Rev. July 2025);

Exhibit B: Plan Review Procedures of the Code Compliance Policy dated July 2025

Exhibit I: State Development Requirements of the Code Compliance Policy dated July

The State Buildings Program Building Codes Webpage may be found at:

https://osa.colorado.gov/state-buildings/building-codes

Rev. 05/2026 Ex D

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT

DESIGN/BID/BUILD

(STATE FORM SC-5.1)

EXHIBIT D: ADDITIONAL DESIGN REQUIREMENTS/ PROGRAM PLAN/SUSTAINABILITY

GOALS

DESIGN REQUIREMENTS/FACILITIES PROGRAM PLAN/SUSTAINABILITY GOALS

(Attached, as applicable)

This Exhibit D is in addition to Exhibit I: State Development Requirements of the Code Compliance Policy dated July 2025 as listed as Exhibit C of this agreement.

Rev. 05/2026

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS

Supplementary General Conditions Federal Provisions

SLFRF Federal Funds: Contractor Terms and Conditions Certification

SLFRF Federal Funds: Contractor Terms and Conditions

SC-5.1TC

Rev. 07/2025

STATE OF COLORADO

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT TERMS

AND CONDITIONS DESIGN/BID/BUILD

(STATE FORM SC-5.1TC)

Rev. 07/2025 TOC

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT TERMS AND CONDITIONS

DESIGN/BID/BUILD

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

SIGNATURE APPROVALS in SC-5.1

1 ARTICLE 1 BASIC SERVICES OF ARCHITECT/ENGINEER

2 ARTICLE 2 REIMBURSABLE EXPENSE

3 ARTICLE 3 BASIS OF COMPENSATION

4 ARTICLE 4 TIME

5 ARTICLE 5 PRINCIPAL REPRESENTATIVE

6 ARTICLE 6 CONSTRUCTION COST

7 ARTICLE 7 OWNERSHIP OF DOCUMENTS

8 ARTICLE 8 INSURANCE

9 ARTICLE 9 TERMINATION OR SUSPENSION OF AGREEMENT

10 ARTICLE 10 INTENT OF DOCUMENTS, PARTNERING AND FACILITATED

NEGOTIATIONS

11 ARTICLE 11 COLORADO SPECIAL PROVISIONS

12 ARTICLE 12 MISCELLANEOUS PROVISIONS

13 ARTICLE 13 CONFIDENTIAL INFORMATION-STATE RECORDS

EXHIBITS:

A. ARCHITECT/ENGINEER PROPOSAL

B. WAGE RATES SCHEDULE

C. BUILDING CODE COMPLIANCE POLICY

D. ADDITIONAL DESIGN REQUIREMENTS/ PROGRAM PLAN/SUSTAINABILITY GOALS

SUPPLEMENTARY GENERAL CONDITION: FEDERAL PROVISIONS

Rev. 07/2025 1

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT TERMS AND CONDITIONS

DESIGN/BID/BUILD

1 ARTICLE 1 BASIC SERVICES OF ARCHITECT/ENGINEER

1.1 THE SERVICES

1.1.1 Professional Services, as set forth in SC-5.1.

1.1.2 License/Registration

These services shall be performed by the Architect/Engineer or by consultants licensed or registered as required by the State of Colorado. If these special consulting services are to be performed by professionals in the Architect/Engineer’s employ, then the services must currently be and have been, for at least two (2) years previously, regularly a service of the Architect/Engineer's organization. In the event the Architect/Engineer does not have as part of his regular staff and services, certain professional consultants and consulting services, such as but not limited to, structural, mechanical, electrical, acoustical and architectural, then such consulting services shall be performed by practicing professional consultants.

1.1.3 Staff Retained for Duration of Project

All professional consultants, staff or practicing, must be retained for the life of the project; provided, however, acceptable replacements must be approved, in writing, by the Principal Representative whose approval shall not be unreasonably withheld.

1.1.4 Professionals Designated

Prior to designating a professional to perform any of these services as indicated in paragraph 12.10, the Architect/Engineer shall submit the name of such professional, together with a resume of their training and experience in work of like character and magnitude of the project being contemplated, to the Principal Representative, and receive approval in writing therefrom.

1.1.5 Conflict of Interest

No consultant shall be engaged or 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 permit a waiver, in writing, in respect to the particular consultant.

1.1.6 Code Compliance

Rev. 07/2025 2

The Architect/Engineer shall make certain to the best of its knowledge, information and belief, that the drawings and specifications prepared by them are in compliance with the Approved Codes as adopted by the State Buildings Program (as a minimum standard) as indicated in Exhibit C, Approved Codes.

Other or more restrictive standards as specified by the Principal Representative are as indicated in Exhibit C. 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 Reviews, Exhibit D.

1.1.7 Buy Clean Colorado Act Requirements (as set forth in SC-5.1.), where applicable.

1.2 DEVELOPMENT OF THE PROJECT

1.2.1 Pre-Design Phase

(As designated and defined in the Architect/Engineer’s Proposal, Exhibit A.)

1.2.2 Schematic Design Phase

1.2.2.1 Conferences: The Architect/Engineer shall attend all conferences as may be requisite to a complete understanding of the Project. The Architect/Engineer shall document all such conference notes and distribute the same to the Principal Representative.

1.2.2.2 Design Program/Facility Program Plan/ Sustainability Goals: The Architect/Engineer shall review the Design Program/Facilities Program Plan /Sustainability Goals (Exhibit E), furnished by the Principal Representative to ascertain the requirements of the Project and shall refine the design in accordance with Exhibit E.

1.2.2.3 Written Report/Drawings: When agreement has been reached on the Schematic Design, the Architect/Engineer shall prepare a written report, accompanied by Drawings, setting forth the following:

a) Analysis of the structure as it relates to the Approved Codes as defined in Exhibit C, including responses to the State's Code Review Agent;

b) If new construction or addition, the recommended site location;

c) Scope of any site development;

d) Correlation of spaces with approved State standards;

e) Conceptual drawings of floor plans, elevations and sections;

f) Conceptual drawings and descriptions of building plumbing, mechanical and electrical systems;

g) Area computations, gross square footage, net square footage, volume;

h) Outline of proposed construction materials;

i) Review of the time anticipated for Construction Phase;

j) Architect/Engineer's estimate of Probable Construction Cost.

Rev. 07/2025 3

1.2.2.4 Acceptance of Schematic Design Documents: The above Schematic Design data shall be approved in writing by both the Principal Representative and State Buildings Program before commencement of the next phase.

1.2.3 Design Development Phase

1.2.3.1 Written Report/Drawings: The Architect/Engineer shall prepare a written report and drawings outlining in detail Design Development Documents from the approved Schematic Design Report. The report, when submitted for approval, shall include:

a) Analysis of the structure as it relates to the Approved Codes as defined in Exhibit C, including responses to the State's Code Review Agent;

b) Site development drawings, defining the proposed scope of development including earthwork, surface development, and utility infrastructure;

c) Plans in one-line format of the proposed plumbing, mechanical, and electrical systems as necessary to define size, location, and quantity of equipment, materials, and constructions;

d) Floor plans including any proposed movable equipment and furnishings and exterior elevations;

e) Proposed architectural finish schedule, HVAC, plumbing, and electrical fixture schedules;

f) Outline specifications including Division 1 and cut-sheets and/or samples of proposed materials, equipment, system components per CSI format divisions;

g) Architect/Engineer's adjustments to the Schematic Design estimate of Probable Construction Costs;

h) Review of the time anticipated for the Construction Phase.

1.2.3.2 Models and Renderings: If the Principal Representative requires, in writing, the Architect/Engineer shall prepare models, renderings or perspectives to portray fully the project in whole or in part as additional services to the Principal Representative.

1.2.3.3 Acceptance of Design Development Documents: The final Design Development Documents shall be approved in writing by both the Principal Representative and State Buildings Program before commencement of the next phase.

1.2.4 Construction Documents Phase

1.2.4.1 Construction Documents: The Architect/Engineer shall prepare the final Construction Documents from the approved Design Development Documents.

These Construction Documents, when submitted for approval, shall include:

a) Complete architectural, structural, plumbing, mechanical and electrical construction drawings as needed for the approved scope of work. These drawings shall be on durable and reproducible material. If the Project is

Rev. 07/2025 4 a structure, the title sheet of the Project shall reflect an accurate take-off of:

b) Gross square footage,

c) Gross building volume.

d) This takeoff shall be made in accordance with AIA Document-D101, current edition. In addition, the net assignable square footage shall be shown when requested.

e) Complete architectural, structural, mechanical and electrical specifications.

The format for these technical specifications shall be the current edition of MasterFormat published by the Construction Specifications Institute.

f) The Architect/Engineer's adjustments to the Design Development estimate of Probable Construction Cost.

1.2.4.2 Code Compliance: The Architect/Engineer shall cooperate with the State's Code Review Agent to check the Construction Drawings and Specifications for compliance with the Approved Codes as defined in Exhibit C, and shall include the minimum data as required by the Code Compliance Review Exhibit D.

1.2.4.3 Acceptance of Construction Documents: The final Construction Documents shall be approved in writing by both the Principal Representative and State Buildings Program before commencement of the next phase.

1.2.5 Bidding Phase

1.2.5.1 Competitive Bids: The Architect/Engineer shall assist the Principal Representative in obtaining competitive bids (including attending the bid opening if requested by the Principal Representative), bid evaluation, determination of the successful bid and in awarding and preparing contracts for construction.

1.2.5.2 Bidding Documents: Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary General Conditions, Specifications, Drawings and all published addenda.

1.2.5.3 Prospective Bidders: If requested by the Principal Representative the Architect Engineer shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process.

1.2.5.4 Pre-Bid Conference: The Architect/Engineer shall participate in or, at the Principal Representative's direction, shall organize and conduct a pre-bid conference for prospective bidders.

1.2.5.5 Substitutions: The Architect/Engineer shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders and shall prepare responses to questions from prospective bidders

Rev. 07/2025 5 and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda.

1.2.5.6 Copies of Documents: As set forth in SC-5.1.

1.2.6 Contract Administration Phase

1.2.6.1 General Conditions: The Architect/Engineer shall become familiar with the terms and conditions of the latest edition of the State’s General Conditions of the Construction Contract SC-6.23 for construction and shall administer the Contract for construction in accordance with such terms and conditions.

1.2.6.2 Project Site Visits: The Architect/Engineer, its structural, mechanical and electrical engineers will visit the site at intervals appropriate to the stage of construction, or as may be otherwise agreed by the Principal Representative in writing to become generally familiar with the progress and quality of the Work to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. Observation may extend to all or any part of the work and to the preparation, fabrication or manufacture of materials. However, the Architect/Engineer shall not be required to make exhaustive or continuous on-site inspections to check the quality of the Work. The Architect/Engineer shall keep the Principal Representative informed of the progress and quality of the Work, and shall endeavor to guard the Principal Representative against defects and deficiencies in the Work.

1.2.6.3 Construction Progress Meetings: The Architect/Engineer shall attend construction progress meetings to monitor the construction and perform the duties required by this Article 1, including assisting the Principal Representative in reaching an informal partnering agreement with the Contractor. Subject to the requirements of Article 3.2, attendance at meetings subsequently required by such an informal partnering agreement shall be reimbursed as Additional Services but only to the extent in excess of those otherwise reasonably necessary to perform all architectural/engineering services described herein. If, through no fault of the Architect/Engineer, trips to observe construction during the Construction Phase of the Project are required in excess of those reasonably necessary to perform all architectural/engineering services described herein, the Architect/Engineer’s compensation for the Construction Administration Phase shall be adjusted as an Additional Service for the cost to the Architect/Engineer of such trips, and paid in accordance with Article 3.2.

1.2.6.4 Shop Drawings, Product Data and Samples: The Architect/Engineer shall review and approve or take other appropriate action upon Contractor's submittals such as shop drawings, product data and samples as indicated in the Contract Documents, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect/Engineer shall review Contractor requests for information and other submittal schedules and shall agree to reasonable times for initial reviews. The Architect/Engineer's action shall

Rev. 07/2025 6 be taken in conformity with approved submittal schedules and with such reasonable promptness as to cause no delay in the Work or in the construction by separate contractors of the Principal Representative, while allowing sufficient time in the Architect/Engineer's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect/Engineer's review shall not constitute approval of a specific item nor indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect/Engineer shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. In addition, the Architect/Engineer shall review, and if applicable comment on, the Contractor’s construction schedule for conformity with the requirements of the Contract Documents.

1.2.6.5 Change Orders/Amendments: All changes in the work shall be documented on Change Order/Amendment State Forms, supplied by the Principal Representative, and the Architect/Engineer shall keep a current record of all variations or departures from the Contract Documents as originally approved.

1.2.6.6 Preparation of Change Orders/Amendments: The Architect/Engineer shall prepare all Change Orders/Amendments for the Principal Representative and recommend for approval/disapproval in accordance with the Contract Documents (including the contractor agreement), the Contract Sum, the Contract Time and Code Compliance. If necessary the Architect/Engineer shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified. The Architect/Engineer shall review all Change Order Proposals (State Form SC-6.312 or approved equal) with such reasonable promptness as to cause no delay in the Work or in the activities of the Principal Representative, Contractor or separate contractors of the Principal Representative, while allowing sufficient time in the Architect/Engineer's professional judgment to permit adequate review.

1.2.6.7 Approval of Change Orders/Amendments: Every Change Order/Amendment must be approved in writing by the Principal Representative and the Architect/Engineer, and must also be approved and signed by State Buildings Program and then validated by the State Controller's signature prior to commencement of the change in the Work.

1.2.6.8 Emergency Field Change Orders: The Architect/Engineer shall prepare and issue Emergency Field Change Orders as required by the Principal Representative, but such Emergency Field Change Orders shall be issued only in accordance with the policies of State Buildings Program to order extra work or make changes in the case of an emergency that is a threat to life or

Rev. 07/2025 7 property or where the likelihood of delays in processing a normal Change Order will result in substantial delays and or significant cost increases for the Project. Emergency Field Change Orders are not to be used solely to expedite normal Change Order processing absent a clear showing of a high potential for significant and substantial cost or delay.

1.2.6.9 Testing: Unless otherwise agreed, the Architect/Engineer or an appropriate consultant shall observe for contract compliance the following, as a minimum, if applicable:

a) Bearing surfaces of excavations before concrete is placed;

b) Reinforcing steel after installation and before concrete is placed;

c) Structural concrete;

d) Laboratory reports on all concrete;

e) Structural steel during and after erection and prior to its being covered or enclosed

f) Steel welding;

g) Mechanical and plumbing work following its installation and prior to its being covered or enclosed;

h) Electrical work following its installation and prior to its being covered or enclosed.

1.2.6.10 Observe for Contract Compliance: The observation contemplated in this article does not include the responsibility to conduct testing, quantity surveys or field dimensions, but it does include the responsibility to confirm that tests were conducted as required in the Contract Documents as well as a review of the test results. The Architect/Engineer may rely upon the test reports provided by the Principal Representative.

1.2.6.11 Due Diligence: The Architect/Engineer shall exercise due diligence to safeguard the State of Colorado against defects, deficiencies, noncompliance with the Contract Documents, and/or unsatisfactory workmanship. If, in the opinion of the Architect/Engineer, the work is not being carried out in a sound, efficient and skillful manner, the Architect/Engineer shall promptly notify the Principal Representative in writing setting forth the reasons.

1.2.6.12 Accurate Accounts: The Architect/Engineer shall keep accurate accounts with respect to the construction on the Project including fiscal accounting, changes in the Work, directives, and other documentation to establish a clear history of the Project.

1.2.6.13 Delegation of Responsibilities: If at any time the Architect/Engineer delegates any of its responsibility for the observation of the Work to some other person, such other person must be properly qualified by training and experience to observe the work. The Principal Representative and State Buildings Program may review and approve the qualifications of all persons in writing, other than the Architect/Engineer, performing the functions of the Architect/Engineer in respect to the services required by this agreement.

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1.2.6.14 Contractor’s Application for Payment: The Architect/Engineer shall review and approve the contractor’s itemized schedule of values, subject to final approval by the Principal Representative, and see to the proper issuance of State Form SBP-7.2, used as an Application and Certificate for Contractor’s Payment. The approval of the Architect/Engineer shall be for overall adequacy of line item detail and reasonableness as a basis for evaluating the general allocation of costs and the related progress of the work only and shall impose no duty on the Architect/Engineer to review or verify the accurateness of the line item values proposed by the Contractor. The Architect/Engineer will, within five (5) working days after the receipt of each Contractor's Project Application for Payment, review the Contractor's Project Application for Payment and either execute an Application and Certificate for Contractor’s Payment (State Form SBP-7.2) to the Principal Representative for such amounts as the Architect/Engineer determines are properly due, or notify the Principal Representative and the Contractor in writing of the reasons for withholding a Certificate. If the Architect/Engineer certifies an amount different from the amount requested or otherwise alters the Contractor’s application for payment, a copy shall be forwarded to the Contractor.

If the Architect/Engineer is unable to certify all or portions of the amount requested due to the absence or lack of required supporting evidence, the Architect/Engineer shall advise the Contractor of the deficiency. If the deficiency is not corrected at the end of ten (10) days, the Architect/Engineer may either certify the remaining amounts properly supported to which the Contractor is entitled, or return the application for payment to the Contractor for revision with a written explanation as to why it could not be certified.

1.2.6.15 Project Certificate for Payment: The execution and issuance of a State Form SBP-7.2, Application and Certificate for Contractor’s Payment shall constitute a representation by the Architect/Engineer to the Principal Representative that, based on the Architect/Engineer's observations at the site and on the data comprising the Contractor's Project Application for Payment, the construction has progressed to the point indicated; that to the best of the Architect/Engineer's knowledge, information and belief, the quality of construction is in accordance with the Contract Documents and that the Contractor is entitled to payment in the amount certified. However, the issuance of a State Form SPB 7.2, Application and Certificate for Contractor’s Payment shall not be a representation that the Architect/Engineer has made any examination to ascertain how or for what purpose the Contractor has used the monies paid on account of previously issued Certificates.

1.2.6.16 Interpretation of Contract Documents: The Architect/Engineer shall be, in the first instance, the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by the Contractor and all subcontractors. All decisions involving interpretations of the Contract Documents by the Architect/Engineer, and all decisions in matters relating to

Rev. 07/2025 9 the execution and progress of the Work, shall be made within a reasonable time and shall be consistent with the intent of, and reasonably inferable from, the Contract Documents. All interpretations shall be in writing or in graphic form and the Architect/Engineer shall send a copy to the Principal Representative. The Architect/Engineer shall exercise due diligence to be reasonably available to the Contractor to timely interpret and make decisions with respect to questions relating to the design or concerning the Contract Documents.

1.2.6.17 Architect/Engineer Decisions: The Architect/Engineer shall make judgments regarding whether directed work is extra or outside the scope of Work required by the Contract Documents at the time any direction or interpretation is first given. The Architect/Engineer shall endeavor to respond to any written request by the Contractor for a judgment regarding whether any directed work is included within the performance required by the Contract Documents within three (3) business days of receipt of such request.

1.2.6.18 Claims: If the Contractor gives Notice of any claim regarding the interpretation, decision, judgment or direction of the Architect/Engineer, or otherwise, the Architect/Engineer shall provide to the Principal Representative on request such available information as may assist the Principal Representative in evaluating the claim. In the event either the Principal Representative or the Contractor elect to require the other party to participate in facilitated negotiations, the Architect/Engineer shall assist the Principal Representative as required and shall participate in such negotiations to the extent requested by either the facilitator or the Principal Representative. Unless it is the written decision of the facilitator (which includes the basis for the decision), that the decision or judgment of the Architect/Engineer was wholly incorrect, the Architect/Engineer shall be reimbursed for such assistance or participation as an Additional Service in accordance with Article 3.2.

1.2.6.19 Rejection of Construction Work: The Architect/Engineer shall have the authority to reject constructed work which does not conform to the Contract Documents, and whenever, in the Architect/Engineer's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect/Engineer shall have authority to require special inspection or testing of constructed work in accordance with the provisions of the Contract Documents, whether or not such constructed work is then fabricated, installed or completed, provided, however, that the Architect/Engineer shall take such action only after consultation with the Principal Representative. However, the Architect/Engineer's authority to act under the Contract Documents and any decision made by the Architect/Engineer in good faith either to exercise or not to exercise such authority shall not give rise to any duty on the part of the Architect/Engineer to the Contractor, any subcontractor of any tier, any of their agents or employees, or any other person performing any of the construction.

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1.2.6.20 Contractor’s Written Notice: When the Work is substantially complete in the opinion of the Contractor, the Contractor, under Article 41.3 of the General Conditions, is required to file a written Notice with the Architect/Engineer with an attached preliminary punch-list of remaining items to be completed or corrected. The Architect/Engineer shall thereafter notify the State Buildings Program and the Principal Representative that the work, in the opinion of the Contractor, is substantially complete under the terms of the Contract. This Notice shall receive prompt action by the notified parties.

1.2.6.21 Inspection: When the Architect/Engineer determines after review of the Contractor’s written Notice that the Work or a portion of the Work is ready for an inspection to determine whether the Work is substantially complete in accordance with Article 41.3 of the General Conditions of the Contract, the Architect/Engineer with the Principal Representative and the Contractor shall, within ten days of receipt of the Contractor’s Notice, conduct an inspection to determine whether the Work is substantially complete and in accordance with the requirements of the Contract Documents. State Buildings Program shall be notified of the inspection. If the construction has been completed to the required state, a punch list shall be made by the Architect/Engineer in concert with the Principal Representative and Contractor in sufficient detail to fully outline to the Contractor:

a) Work to be completed, if any;

b) Work not in compliance with the Drawings or Specifications, if any;

c) Unsatisfactory work for any reason, if any;

d) Date for Completion of the Punch List Items.

1.2.6.22 Copies of Punch List: If the Architect Engineer determines, after consultation with the Principal Representative, that the Work or a portion of the Work, is substantially complete in accordance with the criteria outlined in Article 41 of the General Conditions of the Contract for Construction, then the Architect/Engineer shall prepare the Notice of Substantial Completion, State Form SBP-07 or the Notice of Partial Substantial Completion, State Form SBP- 071, which the Architect Engineer shall transmit in writing to the Contractor and the Principal Representative for signature. The required number of copies of the punch list must be countersigned by the Contractor and the Principal Representative and will then be transmitted by the Architect/Engineer to the Contractor, the Principal Representative, and State Buildings Program. The Contractor shall immediately initiate such remedial work as may be necessary to correct any deficiencies or defective work shown by this report, and shall promptly complete all such remedial work in a manner satisfactory to the Architect/Engineer and State Buildings Program.

1.2.6.23 Additional Inspections: The Principal Representative may require the Architect/Engineer to make a reasonable number of additional inspections to confirm the completion of the punch list by the Contractor.

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1.2.6.24 Notice of Substantial Completion: The Notice of Substantial Completion, or the Notice of Partial Substantial Completion, shall establish the Date of Substantial Completion or the Date of Partial Substantial Completion and such date shall be the date of commencement of the Contractor’s twelve month guarantee, except to the extent stated otherwise in accordance with the limited exceptions provided in the General Conditions of the Contract. The Notice of Substantial Completion, or the Notice of Partial Substantial Completion, shall state the responsibilities of the Principal Representative and the Contractor for security, maintenance, heat, utilities, property insurance premiums and damage to the finished construction as required. The Notice of Substantial Completion, or the Notice of Partial Substantial Completion, shall be submitted to the Principal Representative and the Contractor for their written acceptance of the responsibilities assigned to them in such Notice. The Notice of Substantial Completion, or the Notice of Partial Substantial Completion, shall attach and incorporate the Architect/Engineer’s final punch list and Contractor’s schedule for the completion of each and every item identified on the final punch list as required by Article 41C(6) of the General Conditions of the Contract.

1.2.6.25 Right of Occupancy: The Principal Representative shall have the right to take possession of and to use any completed or partially completed portions of the Work, even if the time for completing the entire Work or portions of the Work has not expired and even if the Work has not been finally accepted, and the Architect/Engineer shall fully cooperate with the Principal Representative to allow such possession and use. Such possession and use shall not constitute an acceptance of such portions of the work. Prior to any occupancy of the Project, an inspection shall be made by the Architect/Engineer, State Buildings Program and the Construction Manager. Such inspection shall be made for the purpose of ensuring that the building is secure, protected by operation safety systems as designed, operable exits, power, lighting and HVAC systems, and otherwise ready for the occupancy intended and the Notice of Substantial Completion has been issued for the occupancy intended.

The inspection shall also document existing finish conditions to allow assessment of any damage by occupants. The Architect/Engineer shall assist the Principal Representative in completing and executing State Form SBP-01 Notice of Approval of Occupancy/Use, prior to the Principal Representative’s possession and use. Any and all areas so occupied will be subject to a final inspection when the contractor complies with Article 41, Completion, Final Inspection, Acceptance and Settlement.

1.2.6.26 Close-out Documents: The Contractor shall forward the completed close-out documents to the Architect/Engineer for signature.