Appendix D_Contractors DBB Agreement SC6.21_AD 253 Server Room.pdf

SC-5.2

Rev. 07/2025

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S AGREEMENT

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

(STATE FORM SC-6.21)

State Agency Auraria Higher Education Center Department I.D.

GMA

Contract I.D. Number Insert CMS number or other contract number Project Number Insert OSC Project Number Project Name P1003887 / Administration Building 253 Server Room Upgrades Contractor Name Insert Contractor'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: The General Conditions of the Contractor’s Design/Bid/Build (D/B/B) Agreement (SC-6.23)

SC-6.21

Rev. 02/2025 TOC

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.21)

TABLE OF CONTENTS… ........................................................................................................ Page Table of Contents for the entire Agreement is located in THE GENERAL CONDITIONS OF THE

CONTRACTOR’S DESIGN/BID/BUILD (D/B/B) AGREEMENT (SC-6.23)

SIGNATURE PAGE

RECITALS:

1 ARTICLE 1 PERFORMANCE OF THE WORK

2 ARTICLE 2 PROVISIONS OF THE CONTRACT DOCUMENTS

3 ARTICLE 3 TIME OF COMPLETION

4 ARTICLE 4 ESSENTIAL CONDITION

5 ARTICLE 5 CONTRACT SUM

5.1 CONDITION PRECEDENT

6 ARTICLE 6 CONTRACT DOCUMENTS

6.1 CAPITALIZED TERMS

7 ARTICLE 7 OPTIONAL PROVISIONS AND ELECTIONS

7.1 MODIFICATION OF ARTICLE 2: Execution, Correlation, Intent of Documents, Communication and Cooperation

7.2 MODIFICATION OF ARTICLE 13: Shop Drawings, Product Data and Samples

7.3 MODIFICATION 1 OF ARTICLE 27: Labor and Wages

7.4 MODIFICATION 2 OF ARTICLE 27: Labor and Wages

7.5 MODIFICATION OF ARTICLE 39: Non-Binding Dispute Resolution – Facilitated Negotiations

7.6 MODIFICATION OF ARTICLE 45: Guarantee Inspections After Completion

7.7 MODIFICATION OF ARTICLE 46: Time of Completion and Liquidated Damages

8 ARTICLE 8 NOTICE IDENTIFICATION

EXHIBIT A: CONTRACTORS BID ....................................................................................... A EXHIBIT B: PERFORMANCE BOND ................................................................................... B EXHIBIT C: LABOR AND MATERIAL PAYMENT BOND ....................................................... C EXHIBIT D: INSURANCE CERTIFICATE(S) .......................................................................... D EXHIBIT E: BUILDING CODE COMPLIANCE POLICY .......................................................... E EXHIBIT F: STATE SALES AND USE TAX FORM ................................................................. F

Rev. 07/2025 1

SIGNATURE PAGE

THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT

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

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

Project Number/Name: P1003887 / Administration Building 253 Server Room Upgrades Contract ID No.: Insert CMS Number & Encumbrance Number

CONTRACTOR

INSERT: Legal Name of Contractor

By: Name & Title of Person Signing for Contractor

Date: __________________

STATE OF COLORADO

Acting by and through: The Board of

Directors of the Auraria Higher Education Center

By: Stacy L. Tino, Director of Procurement

Date: __________________

State Buildings Program

By: Holly Hall, Campus Architect

Date: __________________

LEGAL REVIEW

Philip J. Weiser, Attorney General

By: Assistant Attorney General

Date: __________________

AURARIA HIGHER EDUCATION CENTER

Zach Hermsen, Chief Financial Officer

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

Rev. 02/2025 2

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD (D/B/B) AGREEMENT

(STATE FORM SC-6.21)

Department ID: GMA Contract ID #: Insert Contract ID Project #: P1003887

1. PARTIES. THIS AGREEMENT is entered into by and between the STATE OF COLORADO, acting by and through the Board of Directors of the Auraria Higher Education Center, a body corporate and agency of the state of Colorado, 1201 5th Street, Suite 370, Denver, CO 80204, hereinafter referred to as the State or Principal Representative, and Insert 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 Contractor.

2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Agreement shall not be effective or enforceable until it is approved and signed by the State’s Chief Financial Officer (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 Contractor for any Work performed or expense incurred before the Effective Date.

RECITALS:

WHEREAS, the Principal Representative intends to engage the services of a Contractor for the Administration Building 253 Server Room Upgrades, 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.

WHEREAS, the State has Appropriated and the Principal Representative has been authorized to expend the total sum of Insert Dollar Value in Written 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 5.1; and)

WITNESSETH, that the State of Colorado and the Contractor agree as follows:

Rev. 02/2025 3

1 ARTICLE 1 PERFORMANCE OF THE WORK

The Contractor shall perform all of the Work required for the complete and prompt execution of everything described or shown in, or reasonably implied from the Contract Documents for the above referenced Project.

2 ARTICLE 2 PROVISIONS OF THE CONTRACT DOCUMENTS

The Contractor agrees to perform the Work to the highest industry standards and to the satisfaction of the State of Colorado and its contractor in strict accordance with the provisions of the Contract Documents.

3 ARTICLE 3 TIME OF COMPLETION

The Contractor agrees to Substantially Complete the Project within 180 calendar days from the date of the Notice to Proceed, in addition, the Contractor agrees to finally complete the Project from Substantial Completion to Final Acceptance within calendar days for a total time of completion of the entire Project of calendar days.

The Contractor shall perform the Work with due diligence to completion.

4 ARTICLE 4 ESSENTIAL CONDITION

Timely completion of the Project is an essential condition of this Agreement. The Contractor shall be subject to any liquidated damages described in Article 7.6 for failure to satisfactorily complete the Work within the time periods in Article 3 above.

5 ARTICLE 5 CONTRACT SUM

The Contractor shall be paid for the performance of this Agreement, subject to any additions and deductions as provided for in Articles 32, 34 and 35 of The General Conditions of the Construction Contract SC-6.23, the sum of INSERT DOLLAR VALUE IN

WORDS DOLLARS AND NO/100 ($ ).

5.1 CONDITION PRECEDENT

(At the time of the execution of this Agreement, there are sufficient funds budgeted and appropriated to compensate the Contractor only for performance of the services through and including Insert the project phases that have been fully funded Therefore, it shall be a Condition Precedent to the Contractor’s performance of the remaining services 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 Contractor’s obligation to perform services for Insert the scope pf work or phases that will be completed in the future and the State's obligation to pay for such service is discharged without liability to each other. If

Rev. 02/2025 4 funding is eventually made available after , the Contractor has no right to perform services under of this Agreement and the state has no right to require the Architect/Engineer to perform the said services.)

6 ARTICLE 6 CONTRACT DOCUMENTS

The Contract Documents, as enumerated in Article 1.1 of The General Conditions of the Contractor’s Design/Bid/Build (D/B/B) Agreement (SC-6.23), (the “General Conditions”).

The Contract Documents, including the General Conditions, are all essential parts of this Agreement and are fully incorporated herein.

6.1 CAPITALIZED TERMS

Capitalized terms used herein and not defined shall have the meanings ascribed to them in The General Conditions of Design/Bid/Build (D/B/B) Agreement (SC-6.23)

7 ARTICLE 7 OPTIONAL PROVISIONS AND ELECTIONS

The provisions of this Article 7 alter or enlarge upon the following Articles (the General Conditions of the Contractor’s Design/Bid/Build Agreement SC-6.23):

7.1 MODIFICATION OF ARTICLE 2: Execution, Correlation, Intent of Documents, Communication and Cooperation.

If the box below is marked, certification of apprenticeship utilization is required for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical and plumbing work on the project.

☐ ______ Principal Representative initial

7.2 MODIFICATION OF ARTICLE 13: Shop Drawings, Product Data and Samples

If the box below is marked, the Buy Clean Colorado Act, §24-92-117, C.R.S., shall be applicable to the Project. The Contractor is responsible for submitting Environmental Product Declaration (EPD) information for all eligible materials to be used on the project.

☐ ______ Principal Representative initial

7.3 MODIFICATION 1 OF ARTICLE 27: Labor and Wages

If the box below is marked, the Federal Davis-Bacon Act shall be applicable to the Project.

The minimum wage rates to be paid on the Project shall be furnished by the Principal Representative and included in the Contract Documents.

☐ ______ Principal Representative initial

7.4 MODIFICATION 2 OF ARTICLE 27: Labor and Wages

If the box below is marked, the State prevailing wage statute shall be applicable to the Project. The minimum wage rates to be paid on the Project shall be furnished by the Principal Representative and included in the Contract Documents.

☐ ______ Principal Representative initial

Rev. 02/2025 5

7.5 MODIFICATION OF ARTICLE 39: Non-Binding Dispute Resolution – Facilitated Negotiations

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

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

☐ ______ Principal Representative initial

7.6 MODIFICATION OF ARTICLE 45: Guarantee Inspections After Completion

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

☐ ______ Principal Representative initial

7.7 MODIFICATION OF ARTICLE 46: Time of Completion and Liquidated Damages

If an amount is indicated immediately below, liquidated damages shall be applicable to this Project as, and to, the extent shown below. Where an amount is indicated below, liquidated damages shall be assessed in accordance with and pursuant to the terms of The General Conditions of the Design/Bid/Build Agreement Article 46, Time of Completion And Liquidated Damages, in the amounts and as here indicated. The election of liquidated damages shall limit and control the parties right to damages as the State’s sole and exclusive remedy for delay.

7.7.1 Inability To Use The Project

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

7.7.2 Damages Related to Extended Closeout

For damages related to or arising from additional administrative, technical, supervisory and professional expenses related to and arising from the extended closeout period, for each day in excess of the number of calendar days specified in the Contractor’s bid for the Project and the Agreement to finally complete the Project as defined by the issuance of the Notice of Final Acceptance (after the issuance of the final Notice of Substantial Completion), the Contractor agrees that an amount equal to N/A Dollars ($N/A). shall be assessed against Contractor from amounts due and payable to the Contractor under the Contract, or the Contractor and the Contractor’s Surety shall pay to the Principal

Rev. 02/2025 6

Representative such sum for any deficiency, if amounts on account thereof are deducted from remaining amounts due but amounts remaining are insufficient to cover the entire assessment.

8 ARTICLE 8 NOTICE IDENTIFICATION

All Notices pertaining to this Agreement and the General Conditions (SC-5.23) or otherwise required to be given shall be transmitted in writing, to the individuals at the addresses listed below, and shall be deemed duly given when received by the parties at their addresses below or any subsequent persons or addresses provided to the other party in writing.

NOTICE TO PRINCIPAL REPRESENTATIVE:

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

With copies to State Buildings Program (or Delegate) Auraria Higher Education Center Attn: Holly Hall, Campus Architect PO Box 173361, Campus Box D

Denver, CO 80217-3361 holly.hall@ahec.edu

NOTICE TO CONTRACTOR:

Insert Name of Individual acting on the contractor behalf Insert Street Address City, State Zip Code Insert email address mailto:holly.hall@ahec.edu

SC-5.3

Rev. 07/2025 Ex A

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT A: CONTRACTORS BID

CONTRACTOR’S BID (Form SBP-6.13) Bid Bond (Form SBP-6.14) Labor Burden Calculation (Form SBP-6.18)

Rev. 07/2025 Ex B

STATE OF COLORADO

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT B: PERFORMANCE BOND

PERFORMANCE BOND (Form SC-6.22)

Rev. 07/2025 Ex C

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT C: LABOR AND MATERIAL PAYMENT BOND

LABOR AND MATERIAL PAYMENT BOND (Form SC-6.221)

Rev. 07/2025 Ex D

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT D: INSURANCE CERTIFICATE(S)

INSURANCE CERTIFICATE(S) (attached)

Rev. 07/2025 Ex E

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT E: BUILDING CODE COMPLIANCE POLICY

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 May 2025

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

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

Rev. 07/2025 Ex F

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT F: STATE SALES AND USE TAX FORM

STATE SALES AND USE TAX FORM