Appendix E-SC6.21 DBB A 2022.docx

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)

SC-6.21

Rev. 07/2022

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)

SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS

Rev. 07/2022 TOC

SIGNATURE PAGE Comment by State Buildings Program: 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.

THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT

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.

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

CONTRACTOR

INSERT-Legal Name of Contractor

By: Name & Title of Person Signing for Contractor

Date: _________________________

STATE OF COLORADO

Jared S. Polis, Governor INSERT-Name of Agency or IHE INSERT-Name & Title of Head of Agency or IHE

By: Name & Title of Person Signing for Agency or IHE

Date: _________________________

DEPARTMENT OF PERSONNEL & ADMINISTRATION

STATE BUILDINGS PROGRAM State Architect (or authorized delegate)

By: Name & Title of SBP Delegate

Date: _________________________

In accordance with §24-30-202, C.R.S., this Contract is not valid until signed and dated below 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 Comment by State Buildings Program: Note to Drafters: If this contract is for a University that is outside State Fiscal Rule, insert the name of your organization here

STATE CONTROLLER Comment by State Buildings Program: Note to Drafters: If this contract is for a university that is outside of State Fiscal Rule, insert the title of the individual who is allowed to financially obligate the university.

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. 07/2022 1

SC-6.21

Rev. 07/2022 5

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)

1. 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 Principal Representative, and Insert Contractor's full Legal Name including "Inc.", "LLC" etc. having its offices at Street address, City, State and Zip Codehereinafter referred to as the Architect/Engineer.

2. 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.

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

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.

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 Architect/Engineer in strict accordance with the provisions of the Contract Documents.

ARTICLE 3 TIME OF COMPLETION

The Contractor agrees to Substantially Complete the Project within 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.

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.

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 WRITTEN IN WORDS DOLLARS AND NO/100

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, are all essential parts of this Agreement and are fully incorporated herein.

ARTICLE 7 OPTIONAL PROVISIONS AND ELECTIONS

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

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

☐ ______ Principal Representative initial

☐ ______ Principal Representative initial

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

The box may be marked only for projects with an estimated value of less than $500,000. Comment by : Note to Drafter: Double-click on the box to bring up Check Box Form Field window and select “Checked” ☐ ______ Principal Representative initial MODIFICATION OF ARTICLE 45: Guarantee Inspections After Completion If the box below is marked the six month guarantee inspection is not required. Comment by : Note to Drafter: Double-click on the box to bring up Check Box Form Field window and select “Checked” ☐ ______ Principal Representative initial 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.

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 Insert dollar value written in words Dollars ($ ).).) 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. Comment by State Buildings Program: Note to drafter: If liquidated damages are not applicable Note “Not Applicable” in this field.

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 Insert dollar value written in words Dollars ($ ). 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. Comment by : Note to drafter: If liquidated damages are not applicable Note “Not Applicable” in this field.

ARTICLE 8 NOTICE IDENTIFICATION

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

NOTICE TO PRINCIPAL REPRESENTATIVE:

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)

Insert Name of Individual acting on OSA/SBP behalf Insert Street Address City, State Zip Code Insert email address

NOTICE TO CONTRACTOR:

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

With copies to:

File

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT A: CONTRACTORS BID

CONTRACTOR’S BID (Form SBP-6.13) Comment by : Note to Drafter: Delete Alternates and Unit Pricing if not applicable Bid Alternates (Form SBP-6.131) Unit Pricing (Form SBP-6.133) Bid Bond (Form SBP-6.14) Comment by : Note to drafter: Labor burden is required on ALL construction projects Labor Burden Calculation (Form SBP-6.18)

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT B: PERFORMANCE BOND

PERFORMANCE BOND (Form SC-6.22)

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)

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT D: INSURANCE CERTIFICATE(S)

INSURANCE CERTIFICATE(S) (attached)

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 AND BUILDING INSPECTIONS (as applicable)

Refer to the Office of the State Architect State Buildings Building Codes Webpage Code Compliance Policy dated and Exhibit A of the Code Compliance Policy dated including the Amendment to Chapter 1 of the International Building Code

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.21)

STATE SALES AND USE TAX FORM

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.21)

APPLICABLE PREVAILING WAGE DETERMINATIONS AND APPRENTICESHIP CONTRIBUTION RATES

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.21)

APPRENTICESHIP UTILIZATION CERTIFICATIONS

Rev. 07/2022

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.21)

Comment by : Note to drafter: Delete this page if not applicable

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-6.21

Rev. 07/2022 image2.emf

Microsoft_Excel_Worksheet.xlsx Sheet1

Description of Work/Date Dollar Amount

Base Contract Amount

Alt. #01

Alt. #02 etc.

etc.

Total Contract Sum $ - 0 image1.jpeg