biddoc.pdf

Request for Qualifications and Proposals (RFQ/P)

Architect/Engineer (for CM/GC Delivery)

Transportation Building Improvements

D6 Transportation Facility

155 East 27th Street Greeley, CO 80631

Weld County School District 6 (Greeley/Evans)

1025 Ninth Avenue Greeley, CO 80631

A/E REQUEST FOR QUALIFICATIONS/PROPOSALS

I. PURPOSE OF REQUEST

Weld County School District 6 (Greeley/Evans) is requesting submittals and pricing information in order to award Architect/Engineer (AE) services for facility improvements as part of planned capital improvement projects at the District 6 (D6) Transportation Facility. This RFQ/P is intended to allow the Owner to procure these services for a competitively awarded contract. Firms interested in submitting their qualifications and proposals are asked to respond to this RFQ/P with the information requested in Section V for further consideration.

II. PROJECT DESCRIPTION

The D6 Transportation Facility sits on a 3.9 acre site in southeast Greeley, east of 1st Avenue and north of Highway 34 (155 East 27th Street). The facility’s primary function is to store and maintain/repair the District’s buses and other fleet vehicles. It is also home to the Transportation department offices, dispatch center, vehicle parts inventory, driver break room and storage/warehouse space. Custodial Services also operates out of this facility. The 57,776 SF facility was originally constructed in 1976, as a warehouse/distribution facility. Approximately 160 D6 employees occupy the facility on a day-to-day basis, including stationary Transportation and Custodial employees, bus drivers and mechanics. Future personnel needs may increase this number occupants.

The building was recently connected to municipal sanitary sewer, having previously been served by septic tank/leach field. With D6 recent success in fully staffing bus driver positions, the facility occupants are underserved by restroom facilities and a dedicated mechanic locker/shower room.

Additionally, the building's front entrance lacks a secure vestibule that has become D6 standard.

This project aims to provide these building improvements. A construction budget of $750K is anticipated, but shall be verified during the design and pre-construction phases.

III. SCHEDULE

AE RFQ/P Tentative schedule of events:

1. Release of AE RFQ – Sept 4, 2026

2. Mandatory Site Visit for interested Firms – Sept 11, 2026, 10 a.m.

3. Deadline for receipt of requests for clarification – Sept 15 , 2026 , 3:00 p.m.

4. Responses provided to requests for clarification – Sept 17, 2026, 3:00 p.m.

5. RFQ responses due Sept 24, 2026 by 4:00 p.m.

6. D6 review and score RFQ responses - Sept 28 - Oct 2, 2026

6. Notify short listed AE teams for interviews – Oct 5, 2026

7. AE interviews with District committee – Oct 9, 2026

8. Notify AE team of award and draft contract – Oct 12, 2026.

9. BOE meeting to execute A/E contract – Oct 19, 2026

Project Schedule and Delivery

D6 anticipates design services will be completed by late spring ‘27. A CM/GC RFP solicitation will be issued Nov ‘26, with the intent of engaging the CM/GC in pre-construction services by January 2027, GMP by spring ‘27, and construction completion by summer ‘27.

IV. INSTRUCTIONS TO A/E TEAMS

All questions should be directed via email District 6:

Scott Francies Purchasing Manager

1025 9th Ave.

Greeley, Colorado 80634 E-mail: sfrancies@greeleyschools.org

Interested respondents are asked to not contact other District employees, including school staff regarding this RFQ/P.

1. All qualification statements must be received with email title clearly marked:

❖ Request for Qualifications Response for A/E Services - D6 Transportation Building Improvements

2. All qualifications statements must be sent via email to sfrancies@greeleyschools.org in accordance with the schedule in Section III. One (1) electronic copy of the completed Qualification Statement must be provided in the submission. Qualifications statements received after the deadline shall be marked late and returned unopened.

3. Applicants must sign and date the submittal.

4. The District intends to notify the vendor(s) of their decision and award in accordance with the schedule in Section III. All other applicants will receive notification of the selection via email after the selected applicant is notified.

5. The District reserves the right to accept or reject, any or all submittals, and select the firm / vendor (s) that is/are deemed to be in the Owner’s best interest.

6. The District will select the best Firm / Vendor based on the information provided in response to this request for qualifications. The District will then enter into final fee and contract negotiations mailto:sfrancies@greeleyschools.org mailto:sfrancies@greeleyschools.org with the recommended vendor. If contract terms and fees cannot be agreed upon, the District shall reserve the right to negotiate with the second ranked firm.

7. The essential information requested here is to be provided in the submittal. You are welcome to furnish brochure, product samples, and other supplemental information with your submittal. In the case of project experience, you should list the most relevant projects in response to the questionnaire and may supplement this with a more extensive list or description if you wish to do so. Failure to provide complete information in the format requested may result in your submittal being rejected.

1. Short listed firms will be identified from the responses to the RFQ and invited to interview with the District’s selection committee. Short listed AE teams will be provided with follow-up information, sample contract and interview format for the interviews. The interview process will be used to make the final selection from among the short-listed firms. The final ranking of the firms will be based on the interview with the Owner’s interview team. Each interviewee shall prepare a fee proposal based on the schedule in the RFQ, services required in the Form of Agreement between Owner and Architect, as well as any written comments to the agreement.

The fee proposal and the contract comments shall be received in a sealed envelope at the interview. The District will select the firm based on the interview and will only open the fee proposal from the selected firm. If contract terms and fees cannot be agreed upon, the District shall reserve the right to negotiate with the second ranked firm. Please bring the key staff members that will orchestrate the project to the interview, which can include sub-consultants at the applicant’s discretion.

2. The essential information requested here is to be provided in full on the questionnaire form.

You are welcome to furnish brochures and other supplemental information with your submittal;

however, please do not respond to inquiries on the questionnaire by referring to information contained in other documents. In the case of project experience, you should list the most relevant projects in response to the questionnaire and may supplement this with a more extensive list or description if you wish to do so. Failure to provide complete information in the format requested may result in your submittal being rejected.

3. In order to focus efforts on qualifications deemed important to the selection, respondents should limit their responses to no more than 60 pages of content. Cover pages, index, dividers, etc. will not count against the 60 page limit.

V. SCOPE OF SERVICES

1. The A/E Services will include traditional schematic design, design development, construction documents, bidding assistance, and contract administration services, working in concert with the District’s selected CM/GC, D6 Facilities Management and Design Advisory Group.

● Review of the program and other existing project criteria and confirm all aspects of the Project requirements with the District.

● Conceptual Designs, consisting of a basic site plans, building footprint/floor plans, and exterior design concepts. Conceptual design options presented are expected to conform to budget and schedule within the WCSD6 Bond funding limits.

● Schematic Design, consisting of drawings, outline specifications and other documents illustrating the scale and relationship of Project components. The AE firm will provide SD documents with an independent cost estimate for the cost of construction, and the A/E shall assist the independent cost estimator in reviewing and verifying such estimates of construction cost.

● Design Development, consisting of drawings, outline specifications, and other documents to fix and describe the size and character of the entire Project as to site civil and landscaping, architectural, structural, kitchen, acoustical, interior design, mechanical, electrical/low voltage systems, materials, and such other elements as may be appropriate. The Design Development Documents shall be developed in sequence replicating the proposed bidding packages. CM/GC delivery method, DD documents shall be provided with an independent cost estimate for the cost of construction, and the A/E shall assist the independent cost estimator in reviewing and verifying such estimates of construction cost. CM/GC delivery, DD documents shall be provided to the CM/GC to prepare an estimate of the cost of construction, and the A/E shall assist the CM/GC in reviewing and verifying such estimates of construction cost.

● Construction Documents, consisting of drawings and specifications setting forth in detail the requirements for the construction of the Project. These shall include complete set of architectural, civil, landscaping, site development, structural, kitchen, acoustical, interior design, mechanical and electrical/low voltage drawings and specifications. With CM/GC delivery, The A/E will prepare a written report summarizing the estimates of construction costs and value engineering activities through the completion of this phase of the work.

Assist the CM/GC in preparation of a written report summarizing the estimates of construction costs and value engineering activities through the completion of this phase of the work, resulting in a Guaranteed Maximum Price (GMP). The A/E is required to design to the budget throughout the Project so that the A/E is working to maintain accountability to the budget throughout the design process.

● Assist the Owner in obtaining bids by rendering interpretations and clarifications of the drawings and specifications in appropriate written form. The A/E shall assist the Owner in conducting mandatory pre-bidding conferences with all principal bidders and pre-award conferences with successful bidders.

● Assist the Owner in administration of the project by reviewing submittal and shop drawings, providing observation during construction, attending Owner, Architect, Contractor construction meetings either weekly or bi-weekly and as needed based on the stage of construction, providing project documentation in the form of supplemental instructions, requests for information, change orders, etc.

VI. RFQ APPLICANT QUALIFICATIONS AND STATEMENTS

A/E firms are requested to provide the following information to the District in response to this Request for Qualification Statements. Do not include fee proposals with your response to this RFQ.

1. Provide information about your Firm History including:

● Address and phone number of home and branch offices.

● Contact person, direct phone number, email address.

● Years established in Colorado.

● Average staff size for each of the last three years.

● Approximate breakdown of type of clients served by your firm on the basis of 2020 revenues.

K-12 schools % College/university % Other %

● Name, contact person and phone number for every Colorado School District your firm has worked for in the past five years.

● Names and responsibilities of principals within your organization.

● Insurance coverages/limits currently in force, policy renewal dates, and agent’s name and telephone number.

● Describe any claims, lawsuits or legal settlements your firm has had during the past five years or which are currently pending.

2. It is NOT the District’s intent that the selected A/E will provide consulting services and administration of the USGBC LEED or CO-CHPS process in pursuit of certification for the projects. However, it is the District’s intent to engage an AE team that possesses demonstrable experience in the field of High Performance (HP) school facility design. The A/E firm shall provide a concise statement summarizing the philosophy regarding HP school design, as applied to this project. The goal of the project is to achieve lower total utility costs over time (energy, water, and wastewater), to provide ease of maintenance, and to foster improved learning environments for all occupants. Please summarize your strategy to achieve these on this project.

3. Provide any other information about your firm, experience or Special Credentials of interest to the District and how it might relate to the District’s goals.

4. Provide information about the Project Team(s) and all individuals you will assign to this project including at minimum, your principal architect, architectural project manager, project architect, and key personnel from each of your sub-consultants. Describe their roles on the project and previous experience with similar work. Attach resumes for each. The District will expect the noted staff to be involved in the roles proposed throughout the duration of the project. Any changes must be reviewed and approved by District and Owner’s Representative. The District is requesting information about your entire design team including architectural, interior design, landscaping, civil, mechanical, electrical (including tech/low-voltage), structural, acoustics and kitchen. If prior experience has occurred as an A/E team with some or all of your proposed sub-consultants, provide details about those projects and relationships. Identify scope of services not covered by the sub-consultants which you think the District might consider and describe any from the above list that you believe are not necessary for this project.

5. Provide information about your Current Workload and your ability to accept this assignment for A/E services in relation to other projects currently active within your firm. Include an understanding as to how the location of the project will impact your operating procedure.

6. Describe your Project Approach to performing A/E services required in this RFQ. Include any unique capabilities or qualities of your firm that would make your approach stand out. Provide a narrative describing how the project will be managed. Include how you will meet the timeline, and how you will keep the project within budget. Discuss specific challenges for this Project and how your firm will address or overcome these challenges.

7. Provide examples of relevant Project Experience for projects in progress or completed by your firm during the past five years. Include experience in design and construction administration in which a CM/GC delivery method is being employed in a renovation scenario. Provide cost of project, project budget, client contact information, start and completion dates of design and construction, size and unique project features. Provide no more than seven examples of relevant projects for the District’s consideration.

8. References should address past performance and success. Include references that are repeat clients if available. The District’s selection committee will be looking for a history of commitment to owner and project interests, willingness to be a team player, keeping a project within budget and an ability to coordinate multiple points of view into a successful project. Provide a list of all school projects which are similar to the WCSD6 projects, which are completed or in progress within the past five years, with contact information of the owner, architectural team, and general contractor, including individual names and contact information.

VII. RFQ SUBMITTAL EVALUATION CRITERIA

RFQ submittals will be evaluated according to the following criteria and points.

Criteria Points

1. Firm History 10 points

2. High Performance Design Experience 5 points

3. Special Credentials 10 points

4. Project Team & A/E Sub Consultants Current Workload 20 points

5. Current Workloads 5 points

6. Project Approach 20 points

7. Project Experience 20 points

8. References 10 points

Total Points Possible 100 POINTS

Based upon Qualifications, 3-4 firms will be short-listed for interviews.

VIII. LEGAL REQUIREMENTS

A. Verification of Information:

Applicants are hereby notified that Weld County School District 6 will rely on the accuracy and completeness of all information provided in making its selection. As such, Applicants are urged to carefully review all information provided to ensure clarity, accuracy and completeness of such information. As the District deems necessary and appropriate in its sole discretion, the District reserves the right to make any inquiries or other follow up required to verify the information provided. The District reserves the right to select any or reject any and all submissions in their best interest.

B. Disclosure of Information:

All submissions and other materials provided or produced pursuant to this RFQ may be subject to the Colorado Open Records Law, CRS 24-72-201 ET. Seq. As such, Applicants are urged to review these disclosure requirements and any other exceptions to disclosure of information furnished by another party and, prior to submission to Weld County School District 6, appropriately identify materials, which are not subject to disclosure. In the event of a request by the District for disclosure of such information, the District shall advise the Applicant of such request to give the Applicant an opportunity to object to the disclosure of designated confidential materials furnished to the District.

C. Discrimination in Employment:

In connection with the performance of work on this project, the selected AE agrees not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability; and the selected AE further agrees to insert the foregoing provision in all subcontracts hereunder.

D. Applicable Laws:

This selection process and the performance of any selected shall be subject to, governed by and construed in accordance with applicable Federal Laws, the laws of the State of Colorado and the Charter, and other applicable regulations as the same may be amended from time to time.

E. Cost of Developing Qualifications:

Any costs associated with developing qualifications, preparing for and attending an interview is the sole responsibility of the respondents. The District assumes no liability for any costs incurred throughout the entire selection process.

F. Qualification Ownership:

All qualifications, including attachments, supplementary materials, sketches, etc. shall become the property of the District and will not be returned to the applicant.

G. Addenda:

As Weld County School District 6 may require, addenda may be issued to supplement this RFQ.

All Applicants who submit their intent and are in receipt of the RFQ are considered registered. The list of registered participants will be used to issue all communications regarding this RFQ, including formal addenda and date changes. It shall be conclusively presumed that each Applicant submitting a response has affirmatively registered with the District for this project and has received all subsequent communications relating to the project. Applicants will be responsible for all such information issued by this method.

H. Contract

The successful A/E firm will be required to enter into a written contract with the District in a form acceptable to the District.

I. Employment Eligibility.

In accordance with CRS 8-17.5-101 &102, contractor certifies at the time of this certification:

1. That the contractor does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services, and

2. That the contractor will participate in the E-Verify program or the Department Program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services.

3. That the contractor will otherwise comply with provisions and procedures identified in

CRS 8-17.5-101 &102.

Thank you for your time and effort in responding to this RFQ.

DocuSign Envelope ID: 3A5CD10E-B122-4289-AFF8-17B93A285659

26-791

ARCHITECT AGREEMENT

THIS ARCHITECT AGREEMENT (“Agreement”) is made and entered into as of

September __, 2026, and is by and between Weld County School District 6 (“Owner”), and __, an association of person(s) duly licensed under the laws of the State of Colorado to practice the profession of architecture, doing business as a professional corporation (“Architect”).

RECITALS

The Owner contemplates the design and construction of a renovation to __ (hereinafter referred to as the “Project”).

__ is a __ SF facility with building capacity for __ students. Project Scope is described in the AE RFQ for __, which was posted on BidNet on __.

The Owner's approved budget for the construction of this Project is $__. This budget shall be reviewed with the Owner at the conclusion of the Schematic Design phase, Design

Development phase, and Construction Documents phase.

The phrase, "approved budget," as used herein, shall be deemed to mean the final budget figure established and approved by the Owner either before or after the conclusion of the

Schematic Design phase, Design Development phase, and Construction Documents phase based upon a detailed quality-quantity takeoff. Said "approved budget" shall not include equipment or furniture purchased by the Owner or other costs to the Owner such as Architect's fees, engineers' fees, and the cost of surveys, soil investigations and other tests made at the Owner's expense.

Capitalized terms used but not defined in this Agreement have the meanings assigned to them in the General Conditions of the Construction Management/General Contractor Agreement

(“General Conditions”). The General Conditions may be further amended or supplemented from time to time.

NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated by this reference, and their mutual covenants as set forth herein, the Owner and Architect agree as follows:

SECTION ONE

ARCHITECT'S RESPONSIBILITIES

1.1 RESPONSIBILITY OF ARCHITECT TO OWNER

1.1.1 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or

SAMPLE

26-791 similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.

1.1.2 The Architect agrees to furnish efficient business administration and supervision of the Project and to perform all duties consistent with the interests of the Owner and consistent with the standards established in Subparagraph 1.1.1 above.

1.1.3 The Architect's responsibility and obligation hereunder is in addition to and not in lieu of other obligations to and remedies available to the Owner.

1.2 BASIC SERVICES

The Architect agrees to perform all the professional services incident to design, preparation of the necessary plans and specifications for the construction of the Project, securing and evaluating bids, general accounting services customarily performed for and administration of the construction contract, processing of change orders, and general and technical supervision and inspection of the work (the “Services”). Without limiting the generality of the foregoing, the

Services shall include but not be limited to the services described in Exhibits A and D attached hereto and made a part hereof.

1.3 SUBCONSULTANTS

The Architect shall furnish all structural, mechanical, electrical, plumbing, building envelope, acoustical, interior, civil, including drainage study, landscaping, technology infrastructure, fire protection, irrigation, food service/kitchen consulting, third-party cost estimating, and other architectural and engineering design, and inspection services required in connection with the Project and shall be responsible to the Owner for the employment of properly trained, qualified and competent engineers and consultants in such regard, who shall be acceptable to and approved by the Owner. Before designating the engineers or consultants to perform such services, the Architect shall discuss the same with the Owner and thereafter shall give the Owner, in writing, the names of the engineers or consultants recommended. The Owner reserves the right to disapprove of any engineer or consultant proposed by notifying the Architect of such fact within ten (10) days after submission of the information required herein. In the case of each engineer or consultant, prior to approval by the Owner, the Architect shall notify the Owner in writing that a satisfactory fee arrangement has been reached between them. All such engineers or consultants, for which registration is required by Colorado law, shall furnish the Owner proof that they are currently registered as Professional Engineers by the State of Colorado, shall give the Owner full data as to similar work on which they have been engaged and shall demonstrate to the Owner's satisfaction that they have no connection with the sale of any equipment or material such as might be used in connection with the Project and that they are not currently engaged or interested in any business which may cause a preference for specific products or services connected with the Project.

No engineer or consultant shall begin work until approved by the Owner, and in each instance the

Owner's approval shall be evidenced to the Architect in writing. Any of such engineers or consultants may be employees or, if registered, partners, or shareholders of the Architect.

1.4 MEETINGS

The Architect, principal partner, shareholder, or a responsible senior member of the

Architect’s staff, shall attend such conferences with designated representatives of the Owner, and/or the Construction Manager/General Contractor (“CM/GC” or “Contractor”), as may be requisite to gain a complete understanding of the Project and the requirements of the Owner in such regard. This shall include but is not limited to Design Progress Meetings and Construction

Progress Meetings.

1.5 TIME SCHEDULE AND BUDGET

1.5.1 In conjunction with the Schematic Design, Design Development, and Construction

Documents phases, the CM/GC shall prepare and submit to the Owner the Project cost estimates.

These estimates shall be used by the Owner, the Architect, and the CM/GC in the evaluation of the Project as it relates to the intended scope of the Project and the approved construction budget of the Owner and will form the basis for any changes therein.

1.5.2 Prior to the Schematic Design Studies and submittal of the Design Development

Documents, the Architect shall have agreed with the Owner on the established time schedule and a dollar amount that is needed for the construction of all elements of the Work designed or specified by the Architect, including but not limited to the CM/GC’s fee, bond and insurance premiums, all reimbursables, together with any and all CM/GC contingency amounts in accordance with the Construction Management/General Contractor Agreement and the final approved budget.

1.6 RECORD DRAWINGS

Upon completion of the Project, Architect shall furnish to the Owner copies of record drawings that accurately reflect the CM/GC’s as-built drawings for the Project in both

AutoCAD/Revit and PDF file format.

SECTION TWO

OWNER'S RESPONSIBILITY

2.1 SERVICES FURNISHED BY OWNER

2.1.1 So far as the Project contemplated by this Agreement may require, the Architect and its engineers, consultants and subconsultants shall be entitled to information giving a complete and accurate survey of the building site and the existing grades and lines of streets, pavements, and adjoining properties; information as to the rights, restrictions, easements, surface water courses, boundaries, and contours of the building site; and full information as to existing sanitary sewer, storm sewer, water, gas, telecommunication, and electrical services. The Owner, at its expense, shall furnish all such data to the Architect upon request or, at the Owner’s option, may require the Architect to procure such information, in which event the cost incident thereto shall be paid directly by the Owner. The Owner likewise shall pay for all borings or test pits and for any mechanical, chemical, or other tests as well as professional verifications and inspections incident to proper appraisal of the site for the contemplated structure. The Architect and its structural engineer shall provide the Owner with a written program outlining the information required for proper design and, working with the soils engineer, locate the minimum number of test holes required on the site. Upon receipt of the report from the soils test engineer, the Architect will inspect this document with regard to the program requirement submitted and advise the Owner whether or not these requirements have been fulfilled. A copy of all reports of such tests and borings shall be filed with the Owner. Specialized engineering services, other than the normal services as provided in Section One of this Agreement, when specifically requested by the Owner, will be paid for by the Owner.

2.1.2 In addition to the above, the Owner shall furnish to the Architect the following services for each Project/site:

2.1.2.1 Travel expenses to other cities for the purpose of visiting other projects when requested and approved by the Owner.

2.1.2.2 General program of functional areas.

2.1.2.3 Specific technical program of functional requirements.

2.1.2.4 Review of design phases.

2.1.2.5 Review of site planning.

2.1.2.6 Handle all claims arising under insurance policies issued to the

Owner and all claims arising or in connection with performance, completion, and payment bonds.

2.1.2.7 Prompt decisions on selection of materials, equipment, and colors.

2.1.2.8 Such supplementary General Conditions developed by the Owner as the Owner may wish the Architect to use.

2.1.2.9 General review of final plans and specifications.

2.1.2.10 Geologic Hazard Review.

2.1.2.11 Reproduction costs on all sets of plans and specifications.

2.1.2.12 Printed sets of General Conditions of the Contract.

2.1.2.13 Printed sets of other Contract Documents.

2.1.2.14 Receive and forward bids for evaluation.

2.1.2.15 Award contracts.

2.1.2.16 Monitor compliance with insurance requirements.

2.1.2.17 General review of job progress.

2.1.2.18 Review monthly pay estimates.

2.1.2.19 Provide standard forms for monthly pay certificates, insurance certificates, and change orders.

2.1.2.20 Warranty Work Request Meetings with Architect during two-year warranty period.

2.1.2.21 Environmental hazard review and remediation as determined by

Owner.

2.1.2.22 Owner representation services.

2.1.2.23 CM/GC services.

2.1.2.24 Quality control and construction material testing services not otherwise specified to be provided by CM/GC.

2.1.25 Third-party building and special inspections required by the authority having jurisdiction over the project.

2.1.3 The Architect represents that it is not relying on any representations or promises by the Owner except as set forth in this Agreement.

SECTION THREE

PAYMENTS TO THE ARCHITECT

3.1 THE ARCHITECT'S BASIC FEE

3.1.1 The amount of the Architect’s basic services, negotiated, lump sum fixed fee for this Project is $__ (base fee of $__ plus a maximum of $__ for reimbursables) as set forth in

Exhibit B, attached hereto (“Basic Fee”), payable as set forth in Exhibit B, Fee Schedule.

Notwithstanding the foregoing, the Basic Fee shall be subject to further review and approval by

Owner following submittal of the Notice to Proceed to Architect.

3.1.2 Items Covered by the Architect's Basic Fee. Unless otherwise stipulated, the

Architect shall accept the compensation stated in this Agreement as full payment for furnishing all the materials, transportation, apparatus, equipment, services, labor, tools, and all other things necessary for the complete and proper execution of the work contemplated by or reasonably implied from this Agreement, Exhibit A, Professional Services, within the time limits indicated in the Delivery Schedule set forth in Exhibit C, attached hereto. Such amount shall include any loss or damage arising from the nature of the work, from the action of the elements or from any unforeseen difficulties which may be encountered; all risks of every description connected with the prosecution of the work; all expenses incurred in consequences of any suspension or discontinuance of the work; and all other amounts necessary for completing the work pursuant to the Architect Agreement, within the time limits indicated therein.

3.1.3 Reimbursable Expenses. Costs associated with typical reimbursables are included within the fee proposed and described in item 3.1.1, above. Exceptions to the amount included would be for any printing associated with the bidding process or physical design models.

3.2 ADDITIONAL COMPENSATION AND SPECIAL CASES

3.2.1 If the Architect, after the Schematic Design, Design Development, and Contract

Documents have been approved, is caused extra design effort or other expense due to the changes ordered by the Owner and through no fault of the Architect, or due to the delinquency or incompetency of the CM/GC, or as a result of damage or fire, the Architect shall be equitably paid for such extra expenses and the service involved provided that the extra work is clearly not contemplated by this Agreement or results in substantial savings in the cost of the Project to the

Owner. Such compensation shall be computed on the following basis and be converted to a lump-sum proposal, specific to the additional services provided. Architect shall not perform additional services until lump sum proposal is approved by Owner, subject to Section 3.2.4 below:

3.2.1.1 Principal's time at the fixed rate as identified in Exhibit B. For the purpose of the Agreement the principals are: Senior Principal, Principal II and Principal I.

3.2.1.2 Employee's time at the fixed rate as identified in Exhibit B.

3.2.1.3 Services of professional consultants computed at a multiple of one and one-tenth (1.10) the amount billed to the Architect.

3.2.1.4 Actual amount of reimbursable expenses such as transportation and living expense when travel is authorized by the Owner in connection with the Project, long distance calls and telegrams, reproduction of plans and specifications in excess of the number required to be furnished by the Architect pursuant to this Agreement, postage and handling, and fees paid for securing approval of authorities having jurisdiction over the Project.

3.2.2 The Architect shall maintain an accurate cost accounting system as to all such additional expenses and shall make available to the Owner, upon request, all records, canceled checks, and other disbursement media to substantiate any and all requests for payments hereunder.

3.2.3 The Architect shall file with the Owner and, prior to incurring such expenses, secure the Owner's approval of rates per hour, per day or other basis of cost for architectural, structural, mechanical, civil, and electrical engineering or other services not otherwise contemplated by the

Architect’s Basic Fee.

3.2.4 The sum payable to the Architect for additional compensation shall not exceed the sum of One Thousand and 00/100 Dollars ($1,000.00) unless the Architect first shall have filed with the Owner an estimate of the maximum cost of such additional service and been authorized by the Owner in writing to proceed. If such an estimate is filed with the Owner, then payment shall not exceed the maximum cost estimated by the Architect and approved by the Owner.

3.2.5 If the Owner, at any time during the performance of this Agreement, shall require the omission of a substantial amount of such work or if at any time the Owner shall deem it expedient or it shall become necessary for the Owner to abandon or defer the Project under the construction contracts or any part thereof before completion of the Services to be rendered hereunder, the Architect shall be entitled to receive just and equitable compensation for all work satisfactorily performed prior to the date on which the Architect shall have received notice to discontinue the Project.

3.2.6 The Architect's Basic Fee shall compensate the Architect for Services rendered in respect to the Project as above-defined.

3.2.7 The Basic Fee applies to all of the work contemplated to complete the Project, to be awarded under contracts through the CM/GC with multiple bid packages anticipated.

3.2.8 No additional fee shall be paid by reason of or in connection with the purchase of any furniture, equipment, or materials, whether or not built into the structure.

3.2.9 If the Architect, due to written direction and approval from the Owner as set forth in Paragraph 3.2 of this Agreement, performs services in respect to any items specifically excluded from the scope of the Project as set forth in the Recitals section of this Agreement, he shall be compensated for his services as set forth in Paragraph 3.2 of this Agreement.

3.2.10 In no event shall the Owner pay any additional fee for additional services performed by Architect as a result of Architect’s failure to design the Project to conform to Owner’s approved budget per Section A.5.1 and A.5.2 in Exhibit A.

SECTION FOUR

INDEMNIFICATION

4.1 INDEMNIFICATION

Architect shall indemnify, hold harmless and defend Owner, Owner’s employees, officers, and board members, from and against all legitimate claims, actions, demands, losses, damages, liabilities, including reasonable attorneys’ fees and expenses, for bodily injury or property damage or destruction (other than to the work itself), that may arise from the performance of the Services rendered under this Agreement, but only to the extent of the negligent or willful acts, errors or omissions of Architect, Architect’s subconsultants or anyone employed directly or indirectly by any of them or anyone for whose acts or omissions any of them may be liable. Architect shall not be required to defend, indemnify or hold harmless Owner for negligent or willful acts, omissions or errors of Owner, Owner’s contractors, or their employees. The indemnification obligation shall not be limited by any amount or type of damages, compensation or benefits payable by or for

Architect under workers’ compensation acts, disability benefit acts or other employee benefit acts.

SECTION FIVE

INSURANCE COVERAGE

5.1 INSURANCE

5.1.1 The Architect, at its expense, shall procure and maintain in effect at all times throughout the duration of the Project and including the two- (2-) year warranty period all insurance requirements and limits as set forth below. The Architect shall continue to provide evidence of such coverage to the Owner on an annual basis during the aforementioned period including all of the terms of the insurance and indemnification requirements of this Agreement.

Completed certificates of insurance shall be filed with the Owner before work commences. Such certificates shall specifically state the inclusion of the coverages and the provisions set forth herein and shall state whether the coverage is “claims made” or “per occurrence”. In case of any claims made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.

5.1.1.1 Professional Liability Insurance. Professional liability insurance with a retroactive date equivalent to the Effective Date. Such coverage shall provide a limit of $2,000,000 each claim/aggregate on a “claims-made” basis. Architect shall be responsible for any and all deductibles. The required professional liability insurance policy shall be purchased and premiums for the terms specified herein paid not later than the Effective Date. A policy which provides such limits of coverage via a primary policy plus an umbrella or following form excess policy will be satisfactory.

5.1.1.2 Workers’ Compensation Insurance. The Architect shall procure and maintain workers' compensation insurance at its own expense during the term of the Agreement, including occupational disease and death coverage for all employees per statutory requirements of

Colorado, and employer’s liability insurance with a limit of liability of at least $100,000 each accident; $500,000 policy limit by disease; and $100,000 each employee by disease. Such policy shall contain a waiver of subrogation in favor of the Owner. To the extent Architect’s consultants or subconsultants do not furnish workers’ compensation insurance in accordance with these terms, Architect accepts full liability and responsibility for Architect’s consultants’ or subconsultants’ employees.

5.1.1.3 Commercial General Liability Insurance. Architect shall procure and maintain commercial general liability insurance with limits of not less than $1,000,000 coverage for personal or bodily injury to any one person, not less than $1,000,000 coverage for property damage, and not less than $2,000,000 combined single limit liability coverage.

5.1.1.4 Comprehensive Automobile Liability Insurance. Architect shall procure and maintain comprehensive automobile liability insurance for owned, hired, and non-owned vehicles, including coverage for all power mobile equipment used by the Architect on District property, with a combined single limit of $1,000,000/person, $1,000,000/accident, and

$1,000,000/property damage.

5.1.1.5 Umbrella Liability: $5,000,000, each occurrence, general aggregate per location or per job, $2,000,000 product/completed operations aggregate, or current limited carried, whichever is greater.

5.1.2 Certificates of insurance and/or insurance policies required under this Agreement shall be subject to the following stipulations and additional requirements:

5.1.2.1 Any and all deductibles or self-insured retentions contained in any insurance policy shall be assumed by and at the sole risk of the Architect;

5.1.2.2 If any of the said policies shall fail at any time to meet the requirements of this Agreement as to form or substance, or if a company issuing any such policy shall be or at any time cease to be approved by the Division of Insurance of the State of Colorado, or be or cease to be in compliance with any stricter requirements of this Agreement, the Architect shall promptly obtain a new policy, submit the same to the Owner for approval if requested, and submit a certificate of insurance as hereinbefore provided. Failure of the Architect to furnish, deliver and maintain such insurance as provided herein shall constitute a material breach of this Agreement for which, in the sole discretion of the Owner, the Owner may immediately declare this Agreement suspended, discontinued, or terminated or the Owner may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all money so paid by the Owner shall be repaid by the Architect to the Owner upon demand, or the

Owner may offset the cost of the premiums against any money due to the Architect from the

Owner. Failure of the Architect in obtaining and/or maintaining any required insurance shall not relieve the Architect from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations of the Architect concerning indemnification;

5.1.2.3 Unless otherwise specified, such insurance shall be written by sureties legally authorized to write such insurance in the State of Colorado, provided such surety companies have a current Best Credit Rating of A- or higher and a current Financial Size Category of Class

X or greater;

5.1.2.4 Receipt, review or acceptance by the Owner of any insurance policies or certificates of insurance required by this Agreement shall not be construed as a waiver or relieve the Architect from its obligation to meet the insurance requirements contained herein;

5.1.2.5 If the expiration date of the insurance certificate is prior to Final Completion and any warranty periods provided herein, the Architect shall provide a new certificate of insurance to Owner at least thirty (30) days prior to the expiration of the current policy;

5.1.2.6 The Architect waives any and all rights to recover against the Owner or against its board members, officers, agents, or employees, for any loss or damage to the Architect arising from any cause that is covered or required to be covered by the insurance that the Architect is required to carry pursuant to this Section 5, or which is covered by any other insurance actually carried by the Architect to the extent of the limits of such policy;

5.1.2.7 From time to time, the Architect shall cause its insurer to waive such insurer’s subrogation rights under policies against the beneficiaries of this waiver. Architect shall require that all of its agents and subconsultants also comply with these insurance requirements;

and

5.1.2.8 The policies required by Subparagraphs 5.1.1.1 and 5.1.1.3 above shall be endorsed to include the Owner, the Owner’s officers, board members and employees as additional insureds. The policies required by Subparagraphs 5.1.1.1, 5.1.1.3 and 5.1.1.4 shall be primary insurance, and any insurance carried by the Owner, its board members, officers, or its employees, or carried by or provided through any insurance pool of the Owner, shall be excess and not contributory insurance to that provided by the Architect. The Architect shall be solely responsible for any deductible losses under any policy required above.

SECTION SIX

FUND AVAILABILITY

At the time of the execution of this Agreement, there are sufficient funds budgeted and appropriated to compensate the Architect for performance of the Services. Financial obligations of Owner payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. In the event funds are not appropriated, budgeted or otherwise made available, the Agreement shall be terminated on the last day of the period for which funds were appropriated or monies made available for such purposes. This provision shall not be construed to limit any other right of termination available to Owner.

SECTION SEVEN

GENERAL PROVISIONS

7.1 SEPARATE CONTRACTS

Should the Owner choose to award other separate contracts, where the Architect's services are required, the fee in respect of each such contract shall be similarly negotiated and computed separately in the manner provided in Subparagraph 3.1 of this Agreement.

7.2 OWNERSHIP OF DESIGN DOCUMENTS

7.2.1 Prior to the full payment of amounts due to Architect under this Agreement, all notes, memoranda, photographs, spreadsheets, data, electronic data, Drawings, Specifications, designs, plans and other documents prepared or furnished by Architect to Owner under this

Agreement (“Work Product”) are deemed to be instruments of service and Architect shall retain the ownership and property interests therein, including the copyrights thereto. Upon receipt of full payment of amounts due to Architect for completion of the Concept Development Phase services, at the time of Final Completion of the Work or upon earlier termination of this Agreement, the

Work Product shall become the property of Owner; provided, however, that any use of the Work

Product by Owner through its employees, agents or third parties, other than as required for completion of the work or in connection with the Project, is at Owner’s sole risk and without liability or legal exposure to Architect or anyone working by or through Architect, including

Architect’s consultants of any tier. The Work Product shall promptly be delivered to Owner upon completion of Concept Development Phase and, if basic services are authorized, Final Completion of the work or immediately upon termination of this Agreement and payment of all valid amounts due to Architect.

7.2.2 During the term of this Agreement, to the extent of their rights in the Work Product, each party hereby grants to the other a limited license to use and reproduce applicable portions of the Work Product in connection with the completion of work under the Contract Documents. The license granted by this Section shall terminate upon completion of the Concept Development Phase services, and if basic services are authorized, upon the completion of the work and the termination of this Agreement.

7.2.3 Architect shall cause its contracts with Architect’s consultants to conform to the provisions of this Paragraph 7.2.

7.2.4 Architect shall defend any action or proceeding brought against Owner based on any claim that the Work Product, or any part thereof, or the operation or use of the Work Product or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Architect of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Architect shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys’ fees and expenses awarded against Owner or Architect in any such action or proceeding. Architect agrees to keep Owner informed of all developments in the defense of such actions.

7.2.5 If Owner is enjoined from the operation or use of the Work Product, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Architect shall at its sole expense take reasonable steps to procure the right to operate or use the Work Product.