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

State Buildings Program Note to Drafters: Gray highlighted sections are fillable fields. To use those fields, use “protect document” to restrict editing to “filling in forms”, then type in the appropriate field. If the document is unprotected, then typing in the field will delete that field and replace it with the text typed.

State Buildings Program Note to Drafter: Always include the SC-5.1TC Terms and Conditions in the electronic envelope or as a hard copy attached to this base agreement.

Rev. 05/2026 TOC

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

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 3

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: __________________

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

State Buildings Program Note to Drafter: The SC5.1 template has been waived from a Risk Assessment and legal review so long as the document is not edited beyond the fillable fields.

Note to Drafters: If this contract is for a University that is outside State Fiscal Rule, insert the name of your organization here

Rev. 05/2026 2

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)

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

State Buildings Program Note to Drafters: If the Condition Precedent clause is to be used REMOVE the parenthesis and the italics.

If not accepting the Condition Precedent strike out the language – DO NOT DELETE

Note to Drafters: The Fixed Limit of Construction should be the amount the Architect./Engineer shall be confined to design within.

Rev. 05/2026 2

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

State Buildings Program Note to Drafter: Double-click on the box to bring up Check Box Form Field window and select “Checked”

Note to Drafter: Public Project is a project with a construction cost of $500,000 or more as defined in §24-92-102 (8), C.R.S.

Rev. 05/2026 3

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.

1.2.7 Post Construction Phase

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

State Buildings Program Note to drafter: remove the word “electronic” if hard copies are desired.

If electronic sets will NOT be used – REMOVE the word “electronic”

Rev. 05/2026 4

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.

h) Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Principal Representative

This amount should be the total of all sets in Article 1.2

Rev. 05/2026 5 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 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

State Buildings Program Note to Drafter: The Architect/Engineer shall provide their services broken out by design phase NOT by discipline.

State Buildings Program Note to Drafters: If the Condition Precedent clause is to be used REMOVE the parenthesis and REMOVE the italics.

If not accepting the Condition Precedent strike out the language – DO NOT DELETE

State Buildings Program Note to Drafter: Insert the latest date that the funds will be released and the Architect/Engineer is willing to hold their fee.

State Buildings Program Note to Drafter: Insert the last date the architect is willing to hold their fee.

State Buildings Program Note to Drafter: Insert the latest date that the funds will be released and the Architect/Engineer is willing to hold their fee.

State Buildings Program Note to Drafter: Insert the last date the architect is willing to hold their fee.

Note to Drafter: Insert the latest date that the funds will be released and the Architect/Engineer is willing to hold their fee.

Rev. 05/2026 6 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

(STATE FORM SC-5.1)

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

Note to drafter: REMOVE THIS PAGE if project is not funded by a federal grant.

SC-6.23

Rev 07/2025

STATE OF COLORADO

STATE BUILDINGS PROGRAM

THE GENERAL CONDITIONS OF THE

CONTRACTOR’S DESIGN/BID/BUILD (D/B/B)

AGREEMENT

(STATE FORM SC-6.23)

Rev 07/2025 1

STATE BUILDINGS PROGRAM

THE GENERAL CONDITIONS OF THE CONTRACTOR’S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.23)

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

1 ARTICLE 1 DEFINITIONS

1.1 CONTRACT DOCUMENTS

1.2 DEFINITIONS OF WORDS AND TERMS USED

2 ARTICLE 2 EXECUTION, CORRELATION, INTENT OF DOCUMENTS, COMMUNICATION AND

COOPERATION

2.1 EXECUTION

2.2 CORRELATION

2.3 INTENT OF DOCUMENTS

2.4 PARTNERING, COMMUNICATIONS AND COOPERATION

3 ARTICLE 3 COPIES FURNISHED

4 ARTICLE 4 OWNERSHIP OF DRAWINGS

5 ARTICLE 5 ARCHITECT/ENGINEER’S STATUS

6 ARTICLE 6 ARCHITECT/ENGINEER DECISIONS AND JUDGMENTS, ACCESS TO WORK AND

INSPECTION

6.1 DECISIONS

6.2 JUDGMENTS

6.3 ACCESS TO WORK

6.4 INSPECTION

7 ARTICLE 7 CONTRACTOR’S SUPERINTENDENCE AND SUPERVISION

8 ARTICLE 8 MATERIALS AND EMPLOYEES

9 ARTICLE 9 SURVEYS, PERMITS, LAWS, TAXES AND REGULATIONS

9.1 SURVEYS

9.2 PERMITS AND LICENSES

9.3 TAXES

9.4 LAWS AND REGULATIONS

10 ARTICLE 10 PROTECTION OF WORK AND PROPERTY

Rev 02/2025 TOC

10.1 GENERAL PROVISIONS

10.2 SAFETY PRECAUTIONS

10.3 EMERGENCIES

11 ARTICLE 11 DRAWINGS AND SPECIFICATIONS ON THE WORK

12 ARTICLE 12 REQUESTS FOR INFORMATION AND SCHEDULES

12.1 REQUESTS FOR INFORMATION

12.2 SCHEDULES

13 ARTICLE 13 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

13.1 SUBMITTAL PROCESS

13.2 FABRICATION AND ORDERING

13.3 DEVIATIONS FROM DRAWINGS OR SPECIFICATIONS

13.4 CONTRACTOR REPRESENTATIONS

14 ARTICLE 14 SAMPLES AND TESTING

14.1 SAMPLES

14.2 TESTING - GENERAL

14.3 TESTING - CONCRETE AND SOILS

14.4 TESTING - OTHER

15 ARTICLE 15 SUBCONTRACTS

15.1 CONTRACT PERFORMANCE OUTSIDE OF THE UNITED STATES OR COLORADO

15.2 SUBCONTRACTOR LIST

15.3 SUBCONTRACTOR SUBSTITUTIONS

15.4 CONTRACTOR RESPONSIBLE FOR SUBCONTRACTORS

15.5 SUBCONTRACTOR RESPONSIBILITY TO OTHERS

15.6 The Contractor shall be responsible for coordinating State Prevailing Wage requirements as described in Article 27

16 ARTICLE 16 RELATIONS OF CONTRACTOR AND SUBCONTRACTOR

17 ARTICLE 17 MUTUAL RESPONSIBILITY OF CONTRACTORS

18 ARTICLE 18 SEPARATE CONTRACTS

19 ARTICLE 19 USE OF PREMISES

20 ARTICLE 20 CUTTING, FITTING OR PATCHING

21 ARTICLE 21 UTILITIES

21.1 TEMPORARY UTILITIES

21.2 PROTECTION OF EXISTING UTILITIES

21.3 CROSSING OF UTILITIES

22 ARTICLE 22 UNSUITABLE CONDITIONS

23 ARTICLE 23 TEMPORARY FACILITIES

23.1 OFFICE FACILITIES

23.2 TEMPORARY HEAT

23.3 WEATHER PROTECTION

23.4 DUST PARTITIONS

23.5 BENCH MARKS

23.6 SIGN

23.7 SANITARY PROVISION

24 ARTICLE 24 CLEANING UP

25 ARTICLE 25 INSURANCE

25.1 GENERAL

25.2 COMMERCIAL GENERAL LIABILITY INSURANCE (CGL)

25.3 AUTOMOBILE LIABILITY INSURANCE

25.4 WORKERS' COMPENSATION INSURANCE

25.5 UMBRELLA LIABILITY INSURANCE

25.6 BUILDER’S RISK INSURANCE

25.7 POLLUTION LIABILITY INSURANCE

25.8 ADDITIONAL MISCELLANEOUS INSURANCE PROVISIONS

26 ARTICLE 26 CONTRACTOR’S PERFORMANCE AND PAYMENT BONDS

27 ARTICLE 27 LABOR AND WAGES

27.1 COLORADO LABOR

27.2 PREVAILING WAGE RATES

28 ARTICLE 28 ROYALTIES AND PATENTS

29 ARTICLE 29 ASSIGNMENT

30 ARTICLE 30 CORRECTION OF WORK BEFORE ACCEPTANCE

31 ARTICLE 31 APPLICATIONS FOR PAYMENTS

31.1 CONTRACTOR’S SUBMITTALS

31.2 ARCHITECT/ENGINEER CERTIFICATION

31.3 RETAINAGE WITHHELD

31.4 RELEASE OF RETAINAGE

31.5 CONTRACTOR’S RESPONSIBILITY TO PAY SUBCONTRACTORS

32 ARTICLE 32 CERTIFICATES FOR PAYMENTS

33 ARTICLE 33 PAYMENTS WITHHELD

34 ARTICLE 34 DEDUCTIONS FOR UNCORRECTED WORK

35 ARTICLE 35 CHANGES IN THE WORK

35.1 THE VALUE OF CHANGED WORK

35.2 DETAILED BREAKDOWN

35.3 HAZARDOUS MATERIALS

35.4 EMERGENCY FIELD CHANGE ORDERED WORK

35.5 APPROPRIATION LIMITATIONS - C.R.S. § 24-91-103.6, as amended

36 ARTICLE 36 CLAIMS

37 ARTICLE 37 DIFFERING SITE CONDITIONS

37.1 NOTICE IN WRITING

37.2 LIMITATIONS

38 ARTICLE 38 DELAYS AND EXTENSIONS OF TIME

39 ARTICLE 39 NON-BINDING DISPUTE RESOLUTION – FACILITATED NEGOTIATIONS

40 ARTICLE 40 RIGHT OF OCCUPANCY

41 ARTICLE 41 COMPLETION, FINAL INSPECTION, ACCEPTANCE AND SETTLEMENT

41.1 NOTICE OF COMPLETION

41.2 FINAL INSPECTION

41.3 NOTICE OF SUBSTANTIAL COMPLETION

41.4 NOTICE OF ACCEPTANCE

41.5 SETTLEMENT

42 ARTICLE 42 GENERAL WARRANTY AND CORRECTION OF WORK AFTER ACCEPTANCE

43 ARTICLE 43 LIENS

44 ARTICLE 44 ONE-YEAR GUARANTEE AND SPECIAL GUARANTEES AND WARRANTIES

44.1 ONE-YEAR GUARANTEE OF THE WORK

44.2 SPECIAL GUARANTEES AND WARRANTIES

45 ARTICLE 45 GUARANTEE INSPECTIONS AFTER COMPLETION

46 ARTICLE 46 TIME OF COMPLETION AND LIQUIDATED DAMAGES

47 ARTICLE 47 DAMAGES

48 ARTICLE 48 STATE’S RIGHT TO DO THE WORK; TEMPORARY SUSPENSION OF WORK;

DELAY DAMAGES

48.1 STATE’S RIGHT TO DO THE WORK

48.2 TEMPORARY SUSPENSION OF WORK

48.3 DELAY DAMAGES

49 ARTICLE 49 STATE’S RIGHTS TO TERMINATE CONTRACT

49.1 GENERAL

49.2 CONDITIONS AND PROCEDURES

49.3 ADDITIONAL CONDITIONS

50 ARTICLE 50 TERMINATION FOR CONVENIENCE OF STATE

50.1 NOTICE OF TERMINATION

50.2 PROCEDURES

51 ARTICLE 51 CONTRACTOR’S RIGHT TO STOP WORK AND/OR TERMINATE CONTRACT

52 ARTICLE 52 COLORADO SPECIAL PROVISIONS

52.1 CONTROLLER’S APPROVAL, C.R.S. § 24-30-202(1)

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

52.3 GOVERNMENTAL IMMUNITY

52.4 INDEPENDENT CONTRACTOR

52.5 COMPLIANCE WITH LAW

52.6 CHOICE OF LAW, JURISDICTION, AND VENUE

52.7 PROHIBITED TERMS

52.8 SOFTWARE PIRACY PROHIBITION. SOFTWARE PIRACY PROHIBITION

52.9 EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST

52.10 VENDOR OFFSET AND ERRONEOUS PAYMENTS

53 ARTICLE 53 MISCELLANEOUS PROVISIONS

53.1 PROFESSIONAL ASSOCIATION PERMITTED

53.2 DISSOLUTION OF PROFESSIONAL ASSOCIATION

53.3 PUBLIC ART LAW

53.4 ASSIGNMENT

53.5 SUBCONTRACTS

53.6 BINDING EFFECT

53.7 AUTHORITY

53.8 CAPTIONS AND REFERENCES

53.9 COUNTERPARTS

53.10 ENTIRE UNDERSTANDING

53.11 DIGITAL SIGNATURES

53.12 MODIFICATION

53.13 STATUTES, REGULATIONS, FISCAL RULES AND OTHER AUTHORITY

53.14 EXTERNAL TERMS AND CONDITIONS

53.15 SEVERABILITY

53.16 SURVIVIAL AND CERTAIN CONTRACT TERMS

53.17 TAXES

53.18 THIRD PARTY BENEFICIARIES

53.19 WAIVER

53.20 CORA DISCLOSURE

53.21 STANDARD AND MANNER OF PERFORMANCE

53.22 LICENSES, PERMITS, AND OTHER AUTHORIZATIONS

53.23 INDEMNIFICATION

53.24 ACCESSIBILITY

54 ARTICLE 54 CONFIDENTIAL INFORMATION-STATE RECORDS

54.1 CONFIDENTIALITY

54.2 OTHER ENTITY ACCESS AND NONDISCLOSURE AGREEMENTS

54.3 USE, SECURITY, AND RETENTION

54.4 INCIDENT NOTICE AND REMEDIATION

54.5 DATA PROTECTION AND HANDLING

54.6 SAFEGUARDING PERSONAL IDENTIFIABLE INFORMATION (PII)

Rev 07/2025 1

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

THE GENERAL CONDITIONS OF THE CONTRACTOR’S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.23)

1 ARTICLE 1 DEFINITIONS

1.1 CONTRACT DOCUMENTS

The Contract Documents consist of the following some of which are procedural documents used in the administration and performance of the Agreement:

a) Contractor’s Design/Bid/Build Agreement; (SC-6.21);

b) Performance Bond (SC-6.22) and Labor and Material Payment Bond (SC-6.221);

c) General Conditions of the Contractor’s Design/Bid/Build Agreement (SC- 6.23)

d) and if applicable, Supplementary General Conditions;

e) Detailed Specification Requirements, including all addenda issued prior to the opening of the bids; and,

f) Drawings, including all addenda issued prior to the opening of the bids.

g) Change Orders (SC-6.31) and Amendments (SC-6.0), if any, when properly executed.

h) Authorization to Bid (SBP-6.10)

i) Information for Bidders (SBP-6.12);

j) Bid (SBP-6.13), Bid Alternates, (SBP-6.131) and Unit Pricing (SBP-6.133) if applicable

k) Bid Bond (SBP-6.14);

l) Labor Burden Calculation (SBP-6.18)

m) Notice of Award (SBP-6.15);

n) Builder’s risk insurance certificates of insurance (ACORD 25-S);

o) Liability and Workers’ compensation certificates of insurance;

p) Notice to Proceed (Design/Bid/Build) (SBP-6.26);

q) Notice of Approval of Occupancy/Use (SBP-01);

r) Notice of Partial Substantial Completion (SBP-071);

s) Notice of Substantial Completion (SBP-07);

t) Notice of Partial Final Acceptance (SC-6.27);

u) Notice of Final Acceptance (SBP-6.271);

v) Notice of Partial Contractor's Settlement (SC-7.3);

w) Notice of Contractor’s Settlement (SBP-7.31);

x) Application and Certificate for Contractor’s Payment (SBP-7.2);

y) Other Procedural and Reporting Documents or Forms

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Other procedural and reporting documents or forms referred to in the General Conditions, the Supplementary General Conditions, the Specifications or required by the State Buildings Program or the Principal Representative, including but not necessarily limited to Pre-Acceptance Check List (SBP-05) and the Building Inspection Record (SBP- BIR). A list of the current standard State Buildings Program forms applicable to this Contract may be obtained from the Principal Representative on request.

1.2 DEFINITIONS OF WORDS AND TERMS USED

Agreement The term “Agreement” shall mean the written agreement entered into by the State of Colorado acting by and through the Principal Representative and the Contractor for the performance of the Work and payment therefore, on State Form SC-6.21. The term Agreement when used without reference to State Form SC-6.21 may also refer to the entirety of the parties’ agreement to perform the Work described in the Contract Documents or reasonably inferable there from. The term “Contract” shall be interchangeable with this latter meaning of the term Agreement

Amendment The term “Amendment” means a written order signed by the Principal Representative or its authorized agent, issued after the execution of this Agreement, authorizing a change in the Work, the method or manner of performance, an adjustment in the Contract Sum, or the Contract Time as required by State Building Program’s policy Contract Modification Guidelines.

Architect/Engineer The term “Architect/Engineer” shall mean either the architect of record or the engineer of record under contract to the State of Colorado for the Project identified in the Contract Documents.

Change Order The term “Change Order” means a written order directing the Contractor to make changes in the Work, in accordance with Article 35L, The Value of Changed Work.

Colorado Labor The term “Colorado labor”, as provided in C.R.S. § 8-17-101(2)(a), as amended, means any person who is a resident of the state of Colorado, at the time of the public Works project, without discrimination as to race, color, creed, sex, sexual orientation, marital status, national origin, ancestry, age, or religion except when sex or age is a bona fide occupational qualification. A resident of the state of Colorado is a person who can provide a valid Colorado driver’s license, a valid Colorado state-issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days.

Contractor The word “Contractor” shall mean the person, company, firm, corporation or other legal entity entering into a contract with the State of Colorado acting by and through the Principal Representative

CORA

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

Days The term “days” whether singular or plural shall mean calendar days unless expressly stated otherwise. Where the term “business days” is used it shall mean business days of the State of Colorado.

Drawings The term “Drawings” shall mean all drawings approved by appropriate State officials which have been prepared by the Architect/Engineer showing the Work to be done, except that where a list of drawings is specifically enumerated in the Supplementary General Conditions or division 1 of the Specifications, the term shall mean the drawings so enumerated, including all addenda drawings.

Emergency Field Change Order The term “Emergency Field Change Order” shall mean a written change order for extra Work or a change in the Work necessitated by an emergency as defined in Article 35.4 executed on State form SC 6.31 and identified as an Emergency Field Change Order. The use of such orders is limited to emergencies and to the amounts shown in Article 35.4.

Final Acceptance The terms “final acceptance” or “finally complete” mean the stage in the progress of the Work, after substantial completion, when all remaining items of Work have been completed, all requirements of the Contract Documents are satisfied and the Notice of Acceptance can be issued. Discrete physical portions of the Project may be separately and partially deemed finally complete at the discretion of the Principal Representative when that portion of the Project reaches such stage of completion and a partial Notice of Acceptance can be issued.

Fixed Limit of Construction Cost The term “Fixed Limit of Construction Cost” shall set forth a dollar amount available for the total Construction Cost of all elements of the Work as specified by the Principal Representative.

Incident The term ‘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.

Notice The term “Notice” shall mean any communication in writing from either contracting party to the other by such means of delivery that receipt cannot properly be denied. Notice

Rev 07/2025 4 shall be provided to the person identified to receive it in Article 8 of the Agreement.

Notice Identification, or to such other person as either party identifies in writing to receive Notice Notwithstanding an email delivery or return receipt, email Notice shall not be adequate. Acknowledgment of receipt of a voice message shall not be deemed to waive the requirement that Notice, where required, shall be in writing.

Occupancy The term “Occupancy” means occupancy taken by the State as Owner after the Date of Substantial Completion at a time when a building or other discrete physical portion of the Project is used for the purpose intended. The Date of Occupancy shall be the date of such first use, but shall not be prior to the date of execution of the Notice of Approval of Occupancy/Use. Prior to the date of execution of a Notice of Approval of Occupancy/Use, the state shall have no right to occupy and the project may not be considered safe for occupancy for the intended use.

Owner The term “Owner” shall mean the Principal Representative.

PII

The term “PII” shall be defined as 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.

Principal Representative The term “Principal Representative” shall be defined, as provided in C.R.S. § 24-30- 1301(14), as the governing board of a state department, institution, or agency; or if there is no governing board, then the executive head of a state department, institution, or agency, as designated by the governor or the general assembly and as specifically identified in the Contract Documents, or shall have such other meaning as the term may otherwise be given in C.R.S. § 24-30-1301(14), as amended. The Principal Representative may delegate authority. The Contractor shall have the right to inquire regarding the delegated authority of any of the Principal Representative’s representatives on the project and shall be provided with a response in writing when requested.

Product Data The term “Product Data” shall mean all submittals in the form of printed manufacturer’s literature, manufacturer’s specifications, and catalog cuts.

Project The "Project" is the total construction of which the Work performed under the Contract Documents is a part, and may include construction by the Principal Representative or by separate contractors.

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Reasonably Inferable The phrase “reasonably inferable” means that if an item or system is either shown or specified, all material and equipment normally furnished with such items or systems and needed to make a complete installation shall be provided whether mentioned or not, omitting only such parts as are specifically excepted, and shall include only components which the Contractor could reasonably anticipate based on his or her skill and knowledge using an objective, industry standard, not a subjective standard. This term takes into consideration the normal understanding that not every detail is to be given on the Drawings and Specifications If there is a difference of opinion, the Principal Representative shall make the determination as to the standards of what reasonably inferable.

Samples The term “Samples” shall mean examples of materials or Work provided to establish the standard by which the Work will be judged.

SBP

The term "SBP" means "State Buildings", which is used in connection with labeling applicable State form documents (e.g., "SBP-01" is the form number for Notice of Approval of Occupancy/Use).

SC

The term "SC" means "State Contract" which is used in connection with labeling applicable State form documents (e.g. "SC 6.23" is the State form number for these General Conditions of the Contractor’s Design/Bid/Build Agreement).

Schedule of Values

The term “Schedule of Values” is defined as the itemized listing of description of the Work by Division and Section of the Specifications. The format shall be the same as Form SC-

7.2. Included shall be the material costs, and the labor and other costs plus the sum of both.

Shop Drawings

The term “Shop Drawings” shall mean any and all detailed drawings prepared and submitted by Contractor, Subcontractor at any tier, vendors or manufacturers providing the products and equipment specified on the Drawings or called for in the Specifications.

Specifications

The term “Specifications” shall mean the requirements of the CSI divisions of the project manual prepared by the Architect/Engineer describing the Work to be accomplished.

State Buildings Program

Shall refer to the Office of the State Architect within the Department of Personnel & Administration of Colorado State government responsible for project administration, review, approval and coordination of plans, construction procurement policy, contractual procedures, and code compliance and inspection of all buildings, public Works and improvements erected for state purposes; except public roads and highways and projects under the supervision of the division of wildlife and the division of parks and outdoor

Rev 07/2025 6 recreation as provided in C.R.S. § 24-30-1301, et seq. The term State Buildings Program shall also mean that individual within a State Department agency or institution, including institutions of higher education, who has signed an agreement accepting delegation to perform all or part of the responsibilities and functions of State Buildings Program.

State Confidential Information The term “State Confidential Information” shall mean 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 Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, 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 Fiscal Rules State Fiscal Rules means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S.

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

Subcontractor The term “Subcontractor” shall mean a person, firm or corporation supplying labor, materials, equipment and/or Services for Work at the site of the Project for, and under separate contract or agreement with the Contractor.

Submittals The term “submittals” means drawings, lists, tables, documents and samples prepared by the Contractor to facilitate the progress of the Work as required by these General Conditions or the Drawings and Specifications. They consist of Shop Drawings, Product Data, Samples, and various administrative support documents including but not limited to lists of subcontractors, construction progress schedules, schedules of values, applications for payment, inspection and test results, requests for information, various document logs, and as-built drawings. Submittals are required by the Contract Documents, but except to the extent expressly specified otherwise are not themselves a part of the Contract Documents.

Substantial Completion The terms “substantial completion” or “substantially complete” mean the stage in the progress of the Work when the construction is sufficiently complete, in accordance with the Contract Documents as modified by any Change Orders, so that the Work, or at the

Rev 07/2025 7 discretion of the Principal Representative, any designated portion thereof, is available for its intended use by the Principal Representative and a Notice of Substantial Completion can be issued. Portions of the Project may, at the discretion of the Principal Representative, be designated as substantially complete.

Supplier The term "Supplier" shall mean any manufacturer, fabricator, distributor, material man or vendor.

Surety The term “Surety” shall mean the company providing the labor and material payment and performance bonds for the Contractor as obligor.

Value Engineering “Value Engineering” or “VE” is defined as an analysis and comparison of cost versus value of building materials, equipment, and systems. VE considers the initial cost of construction, coupled with the estimated cost of maintenance, energy use, life expectancy and replacement cost. VE related to this Project shall include the analysis and comparison of building elements in an effort to reduce overall Project costs, while maintaining or enhancing the quality of the design intent, whenever possible.

Work The term “Work” shall mean all or part of the labor, materials, equipment, and other services required by the Contract Documents or otherwise required to be provided by the Contractor to meet the Contractor’s obligations under the Contract.

Work Product The phrase “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.

2 ARTICLE 2 EXECUTION, CORRELATION, INTENT OF DOCUMENTS, COMMUNICATION

AND COOPERATION

2.1 EXECUTION

The Contractor, within ten (10) days from the date of Notice of Award, will be required to:

a) Execute the Agreement, State Form SC-6.21;

b) Furnish fully executed Performance and Labor and Material Payment Bonds on State Forms SC-6.22 and SC-6.221; and

c) Furnish certificates of insurance evidencing all required insurance on standard Acord forms designed for such purpose.

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d) Furnish certified copies of any insurance policies requested by the Principal Representative.

e) If Article 7.1 of the Contractor’s Design/Bid/Build Agreement (SC-6.21) applies, furnish documentation that identifies the subcontractors that will be used for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing work required on the project and certify that that all firms identified participate in apprenticeship programs registered with the United States Department of Labor’s Employment and Training Administration or state apprenticeship councils recognized by the United States Department of Labor and have a proven record of graduating a minimum of fifteen percent of its apprentices for at least three of the past five years;

2.2 CORRELATION

By execution of the Agreement the Contractor represents that the Contractor has visited the site, has become familiar with local conditions and local requirements under which the Work is to be performed, including the building code programs of the State Buildings Program as implemented by the Principal Representative, and has correlated personal observations with the requirements of the Contract Documents.

2.3 INTENT OF DOCUMENTS

The Contract Documents are complementary, and what is called for by any one document shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment and transportation necessary for the proper execution of the Work. Words describing materials or Work which have a well-known technical or trade meaning shall be held to refer to such recognized standards.

In any event, if any error exists, or appears to exist, in the requirements of the Drawings or Specifications, or if any disagreement exists as to such requirements, the Contractor shall have the same explained or adjusted by the Architect/Engineer before proceeding with the Work in question. In the event of the Contractor’s failure to give prior written Notice of any such errors or disagreements of which the Contractor or the Subcontractors at any tier are aware, the Contractor shall, at no additional cost to the Principal Representative, make good any damage to, or defect in, Work which is caused by such omission.

Where a conflict occurs between or within standards, Specifications or Drawings, which is not resolved by reference to the precedence between the Contract Documents, the more stringent or higher quality requirements shall apply so long as such more stringent or higher quality requirements are reasonably inferable. The Architect/Engineer shall decide which requirements will provide the best installation.

With the exception noted in the following paragraph, the precedence of the Contract Documents is in the following sequence:

a) The Supplementary General Conditions, if any;

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b) The Colorado Special Provisions, Article 52 of General Conditions of the Contractor’s Design/Bid/Build (State Form SC-6.23);

c) The Agreement (SC-6.21);

d) The General Conditions (SC-6.23);

e) Drawings and Specifications, all as modified by any addenda; and

f) Any additional Exhibit to this agreement

Change Orders and Amendments, if any, to the Contract Documents take precedence over the original Contract Documents.

Notwithstanding the foregoing order of precedence, the Special Provisions of Article 52 of the General Conditions, Special Provisions, shall take precedence, rule and control over all other provisions of the Contract Documents.

Unless the context otherwise requires, form numbers in this document are for convenience only. In the event of any conflict between the form required by name or context and the form required by number, the form required by name or context shall control. The Contractor may obtain State forms from the Principal Representative upon request.

2.4 PARTNERING, COMMUNICATIONS AND COOPERATION

In recognition of the fact that conflicts, disagreements and disputes often arise during the performance of construction contracts, the Contractor and the Principal Representative aspire to encourage a relationship of open communication and cooperation between the employees and personnel of both, in which the objectives of the Contract may be better achieved and issues resolved in a more fully informed atmosphere.

The Contractor and the Principal Representative each agree to assign an individual who shall be fully authorized to negotiate and implement a voluntary partnering plan for the purpose of facilitating open communications between them.