biddoc.pdf

RFQ-AE R3 pg. 1

REV 9/2025 UCB 4/2026

REQUEST FOR

QUALIFICATIONS

ARCHITECTURAL / ENGINEERING /

CONSULTING SERVICES

State of Colorado University of Colorado Boulder

Notice Number: 26-49 Project Number: UCB001635 Project Title: EDEP-CH4 Installation and IACS Upgrades Estimated Project Cost: $4,000,000

Table of Contents

I. NOTICES

II. PROJECT OVERVIEW

III. MINIMUM REQUIREMENTS

IV. MANDATORY PRE-SUBMITTAL CONFERENCE AND SITE TOUR

V. SCHEDULE

VI. QUESTIONS, CLARIFICATIONS AND ADDENDA

VII. POINT OF CONTACT/CLARIFICATION

VIII. SUBMITTALS OF QUALIFICATIONS

IX. METHOD OF SELECTION AND AWARD

A. Short List B. Oral Interview

X. EVALUATION OF QUALIFICATIONS

A. PREQUALIFICATION SUBMITTAL CRITERIA

1. PROJECT TEAM

2. FIRM/TEAM CAPABILITIES

3. PRIOR EXPERIENCE

4. PROJECT APPROACH

5. EQUITY DIVERSITY AND INCLUSION

6. WORK LOCATION

XI. ORAL INTERVIEWS EVALUATION CRITERIA

1. PROJECT TEAM

2. TEAM CAPABILITIES

3. PRIOR EXPERIENCE

RFQ-AE R3 pg. 2

REV 9/2025 UCB 4/2026

4. PROJECT APPROACH

Appendix A: Evaluation Forms Appendix B: Architect/Engineer/Consultant Contract (Standard or CM/GC Format) Appendix C: Acknowledgement and Attestation Form Appendix D: Scope of Work Program Plan etc

RFQ-AE R3

Rev 09/2025

I. NOTICES

1. For State Public Works C.R.S. §8-17-101 - Colorado labor shall be employed to perform at least 80% of the work. Colorado labor means any person who is a resident of the state of Colorado at the time of the Public Works project.

2. All respondents accept the conditions of this RFQ, including but not limited to, the following:

a. All submittals shall become the property of the State of Colorado and will not be returned.

b. Late submittals shall not be evaluated.

c. The State reserves the right to reject any or all submittals on the basis of being unresponsive to this RFQ or for failure to disclose requested information.

d. The State shall not be liable for any costs incurred by respondents in the preparation of submittals and proposals nor in costs related to any element of the selection and contract negotiation process.

e. Any restriction as to the use of submitted materials must be clearly indicated as proprietary. The requested limitation or prohibition of use or release shall be identified in writing on a cover sheet. Blanket claims of proprietary submittals will not be honored. Fee proposals will be considered proprietary.

f. The respondent has reviewed Appendix B and by responding has agreed that the terms and conditions of the sample Architect/Engineer/Consultant Contract are expressly workable without reservation.

3. The respondent has reviewed Appendix B and by responding has agreed that the terms and conditions of the sample Architect/Engineer/Consultant Contract are expressly workable without reservation. Any exceptions to the contract must be communicated formally in writing before the solicitation closes. Bearing in mind any and all exceptions may be considered non-negotiable.

4. Per C.R.S. §24-92-117, a public construction project in the amount of five hundred thousand dollars or more shall be subject to the Buy Clean Colorado (BCCO) Act program requirements. The BCCO Act requires the Office of the State Architect to establish a maximum acceptable global warming potential (GWP) limit for each category of eligible materials, which include asphalt and asphalt mixtures, cement and concrete mixtures, glass, post-tension steel, reinforcing steel, structural steel, and wood structural elements. For any solicitation for a contract for the design of an eligible project, a State Agency or institution shall require the designer who is awarded the contract to include in project specifications when final construction documents are released, a current Environmental Product Declaration (EPD) that meets the maximum acceptable GWP limits for each eligible material specified for the project. A contractor that is awarded a contract for an eligible project shall not install any eligible materials on the project until the contractor submits an EPD for each eligible material procured for the project.

5. Preference shall be given to Colorado resident vendors and for Colorado labor, as provided by law.

II. PROJECT OVERVIEW

Introduction/Background

The University of Colorado Boulder (CU Boulder) Utilities Department seeks to retain a qualified engineering firm for professional services in support of the installation of a fourth 1650-ton Chiller (CH-4) and future programming for CH-5 at the East District Energy Plant. The qualified firm will develop the corresponding controls narrative and provide detailed drawings and specifications as outlined in Appendix D - Owner Project Requirements (OPR).

The University of Colorado Boulder anticipates using a Design / Bid /Build (DBB) approach to project delivery. The Architect/Engineer is expected to provide Basic Services as described in the sample Architect/Engineer/Consultant Agreement and Terms and Conditions of the Contract unless otherwise noted.

The process to be used in the selection of the Architect/Engineer/Consultant is comprised of two steps. In STEP I submittals will be screened and scored as described in detail in Section X. STEP II is the Oral Interview as described in detail in Section XI. A Jury Panel of individuals who will be involved in the project and/or understand the required services associated with the project will evaluate responses to this. Upon completion of the evaluation of the Submittals, a limited number of firms will be invited to the oral interviews.

If publicly advertised, submittals are to be submitted electronically via Bidnet at:

https://www.bidnetdirect.com/colorado/universityofcoloradodesignandconstruction

III. MINIMUM REQUIREMENTS

Notice is hereby given to all interested parties that all firms will be required to meet all minimum requirements to be considered for this project. Interested parties should be prepared to show evidence of the following to be considered as qualified, as a minimum:

1. Not previously terminated by the State for non-performance on a State Buildings contract or procurement.

2. The consultant must have been in the same business under the same name for the last two (2) years.

3. Demonstrated design experience in projects of similar scope and complexity for at least two (2) projects each in excess of $4,000,000 (hard costs), utilizing the expertise present in their Colorado Office; and

4. Attended and signed in at the Mandatory Pre-Submittal Meeting https://www.bidnetdirect.com/colorado/universityofcoloradodesignandconstruction

5. The Acknowledgment and Attestation Form, Appendix C is a mandatory requirement for a respondent to be considered responsive to this RFQ Prequalification Submittal.

a. Qualifications made by a respondent in executing this form may render a submittal non-responsive as determined by the State.

IV. MANDATORY PRE-SUBMITTAL MEETING

To ensure sufficient information is available to firms preparing submittals, a mandatory pre-submittal meeting has been scheduled. The intent of this meeting is to have University of Colorado Boulder staff able to discuss the project. Firms preparing submittals must attend and sign-in to have their submittals accepted.

A mandatory Pre-Submission Meeting will be held at:

Date/Time: September 11, 2026 @ 11:00 AM via TEAMS

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/213194314416756?p=RtQaHyAhuBJnb5ryhu Meeting ID: 213 194 314 416 756 Passcode: cv2Ms7Sw

Need help? | System reference Dial in by phone +1 720-372-0802,,582639066# United States, Aurora

(833) 782-4222,,582639066# United States (Toll-free) Find a local number Phone conference ID: 582 639 066#

V. SCHEDULE

The following is a tentative schedule of events for the Submittal process and an outline of the schedule for the balance of the project. All dates are subject to change and changes in the schedule will be issued via addendum.

Request for Qualifications Issued September 2, 2026

Mandatory Pre-Submittal Meeting September 11, 2026 – 11:00 AM (via Teams) Request for Clarifications Due September 16, 2026 – 2:00 PM

Final Addendum Issued (anticipated) September 21, 2026 Submittals Due (Prequalification: Step I) September 28, 2026 – 2:00 PM

Interview Short List Announced October 2, 2026 Oral Interviews October 8-9, 2026 (as scheduled) Selection Announced October 12,2026

Negotiation of Contract (start) October 12,2026 Anticipated Design Start November 12, 2026 Anticipated Construction Start/Finish TBD https://teams.microsoft.com/meet/213194314416756?p=RtQaHyAhuBJnb5ryhu https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmEwZWU2NTctYmVhZi00N2JmLWJiYTItZDA5YzIxYjQxYWUz%40thread.v2/0?context=%7b%22Tid%22%3a%223ded8b1b-070d-4629-82e4-c0b019f46057%22%2c%22Oid%22%3a%22bc997768-c39a-4082-a55b-9872e56e2bb8%22%7d tel:+17203720802,,582639066 tel:8337824222,,582639066 https://dialin.teams.cloud.microsoft/ae0abe46-b1d0-44c1-8dcc-8d6e8ea083eb?id=582639066

The above schedule is tentative. Responding firms shall be notified of revisions in a timely manner by email or posted on Bidnet/Rocky Mountain E-Purchasing System (RMEPS) website.

Respondents may elect to verify times and dates by email, but no earlier than 36 hours before the scheduled date and time.

VI. QUESTIONS, CLARIFICATIONS AND ADDENDA

Owner initiated changes to this RFQ will be issued under numerically sequenced addenda.

Owner initiated changes to this RFQ will be posted in the form of addenda on Bidnet/Rocky Mountain E-Purchasing System (RMEPS).

Questions and requests for clarification regarding this project shall be submitted before the deadline listed in the above Schedule.

Communication regarding the project during the procurement, outside of this submission process or scheduled procurement milestones is not permitted.

VII. SUBMITTALS OF QUALIFICATIONS

1. This RFQ document, its appendices, and any written addenda issued prior to the closing of the solicitation, and written clarifications shall serve as the only basis for the submittal.

2. All submittals must comply with the following items, a through h. The State retains the right to waive any minor irregularity, or requirement should it be judged to be in the best interest of the State.

a. Qualifications shall be formatted and tabbed in the exact form and numeric sequence of the Evaluation Form (1 through 7) in Appendix A. A two-sided single-page cover letter addressed to The University of Colorado Boulder – Attn: Flora Aguirre-Diaz outlining the firm(s) qualifications is required at the front of the submittal. (Not counting the cover letter and required Acknowledgement and Attestation form, the entire submittal is to be no more than 20 doubled sided 8 ½’ x 11” sized pages in portrait format, at least 11 font. No loose-leaf notebooks or hard bound submittals – only pdf’s.

b. Qualifications shall be evaluated in accordance with criteria as indicated in PREQUALIFICATION SUBMITTAL CRITERIA and ranked on the corresponding Evaluation Form in Appendix A.

c. Response to all items shall be complete.

d. All references shall be current and relevant.

e. Complete and execute the Appendix C: Acknowledgment and Attestation Form and submit at the back of the Qualification Submittal.

f. An electronic copy of the qualification package is due September 28, 2026 and shall be received no later than 2:00 PM (MD/ST).

Late submittals will be rejected without consideration. The State of Colorado assumes no responsibility for costs related to the preparation of submittals.

IX. METHOD OF SELECTION AND AWARD

A. Short List

1. From the submittals received, a short list of qualified respondents shall be identified using the scoring indicated on the enclosed Evaluation Form, Appendix A.

2. Firms failing to meet the minimum required qualifications will not receive further consideration.

B. Oral Interview

1. Mandatory oral interviews shall be conducted for the short-listed firm(s) only.

Interview times and location will be arranged by the University of Colorado Boulder, and all short-listed firms will be notified in advance. At the option of the State, a visit to the short-listed firm(s) managing home office and/or representative field office may be required.

C. Method of Selection and Award

1. Submittals will be evaluated by a panel of individuals selected in accordance with state policies. The panel will review and score the submittals. Firms ranked the highest will be invited to an oral interview. It is anticipated that no fewer than three (3) or no more than five (5) will be interviewed.

X. EVALUATION OF QUALIFICATIONS

A. PREQUALIFICATION SUBMITTAL CRITERIA

Firms will be judged not only on their past experience of the type of work involved, but also on their ability to address issues critical to the success of the project requirements outlined in this RFQ document. The primary focus of the prequalification evaluation will be the firm(s) capability.

1. PROJECT TEAM

Identify the project principal, the project manager, key staff and subconsultants.

Present a brief discussion regarding how the team's qualifications and experience relate to the specific project.

• Qualifications and relevant individual experience.

• Unique knowledge of key team members relating to the project.

• Experience on projects as a team.

• Key staff involvement in project management and on-site presence.

• Time commitment of key staff.

• Qualifications and relevant subconsultant experience.

2. FIRM/TEAM CAPABILITIES

Organization charts and graphs depicting your capacity may be included.

• Are the lines of authority and coordination clearly identified?

• Are essential management functions identified?

• Are the functions effectively integrated? (e.g., subconsultants’ role delineated)?

• Current and projected workload.

3. PRIOR EXPERIENCE

Include the name and current telephone number of the owner’s project manager for every project listed.

• Experience of the key staff and firm with projects of similar scope and complexity.

• Demonstrated success on past projects of similar scope and complexity.

• References.

4. PROJECT APPROACH

For the project and services outlined in the RFQ document, describe how you plan to accomplish the following project control and management issues:

• Budget Methodology / Cost Control

a. Establish and maintain estimates of probable cost within owner's established budget.

b. Control consultant contract costs

c. Coordinate value engineering activities

d. Budget Considerations

• Quality Control Methodology

a. Ensure State procedures are followed

b. Improve energy efficiency through the use of an integrated design process, life cycle costing, the use of an energy standard (current OSA energy code) and the specification of energy efficient materials, systems, and equipment

c. Reduce embodied carbon emissions by utilizing and submitting Environmental Product Declarations (EPDs) that meet the OSA’s maximum acceptable global warming potential (GWP) limits

d. Ensure the project is designed for durability and maintainability

• Schedule

a. Manage the required work to meet the established schedule

5. EQUITY, DIVERSITY AND INCLUSION

a. Describe how your firm is incentivized to hire and promote diverse individuals

b. Describe how your team attempts to partner with Service-Disabled Veteran Owned Small Businesses or historically disadvantaged businesses

6. WORK LOCATION

Describe where the prime and subconsultants will do the key work elements of this project.

a. Proximity of firm’s office as it may affect coordination with the State's project manager and the potential project location.

b. Firm's familiarity with the project area.

c. Knowledge of the local labor and material markets.

XI. ORAL INTERVIEWS EVALUATION CRITERIA

(Note that the primary focus of the Oral Interview will be the proposed project management team members’ capabilities).

It is anticipated that oral interviews will be conducted during the week of October 5th.

Interviews will be conducted at: East District Energy Plant (EDEP), 980 Regent Dr., Boulder, CO 80305. The time for interviews is to be determined. Key personnel from the firm and major consultants who will be directly involved with the project should attend the interview.

The interview panel will, in particular, be interested in knowing about the specific project approach proposed and in meeting the individuals who will act as the primary contacts with the University of Colorado Boulder.

1. PROJECT TEAM

2. TEAM CAPABILITIES

3. PRIOR EXPERIENCE

4. PROJECT APPROACH

Appendix A: Evaluation Forms

Appendix A1: Prequalification Submittal/Evaluation Form Appendix A2: Oral Interview Evaluation Form Appendix A3: Submittal and Interview Ranking Matrix

Attached in BidNet as a seperate document.

Appendix B: Architect/Engineer/Consultant Contract (Standard)

SC-5.1

Rev. 07/2025 TOC

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 University of Colorado Boulder Department I.D.

GFB

Contract I.D. Number N/A Project Number

Project Name

Architect/Engineer Name

Principal Representatives: For the Architect/Engineer:

For the State:

Name Name University of Colorado Boulder Company Name 1540 30th Street Address Line 1 Boulder, CO 80301 Address Line 2 Email City, State ZIP

Email

Designated Representative:

Micheal C. Turman Assistant Vice Chancellor, Design & Construction University of Colorado Boulder 1540 30th Street Boulder, CO 80301 mike.turman@colorado.edu

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

STATE OF COLORADO

DRAFT

Rev. 07/2025 2

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

(STATE FORM SC-5.1)

TABLE OF CONTENTS (partial) (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

EXHIBIT B: WAGE RATES SCHEDULE

EXHIBIT C: BUILDING CODE COMPLIANCE POLICY

EXHIBIT D: ADDITIONAL DESIGN REQUIREMENTS/ PROGRAM PLAN/SUSTAINABILITY

GOALS

Rev. 07/2025 3

SUPPLEMENTARY GENERAL CONDITIONS: UNIVERSITY OF COLORADO BOULDER

(Supersedes State Contract Requirements) SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS(If applicable)

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) per the Fiscal Rules of the individual Institution of Higher Education

Project Number/Name:

Contract ID No.: N/A

Architect/Engineer

By:

Date: __________________

STATE OF COLORADO

The Regents of the University of Colorado, A Body Corporate

By:

Date: __________________

OFFICE OF THE STATE ARCHITECT

State Buildings Program ( or authorized Delegate)

By:

Date: __________________

LEGAL REVIEW

University Legal Counsel

By:

Date: __________________

STATE CONTROLLER

Campus Controller’s Office

By:

Effective Date: __________________

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

(STATE FORM SC-5.1)

Department ID: GFB Contract ID #: N/A Project #:

PARTIES. THIS AGREEMENT is entered into by and between the STATE OF COLORADO, acting by and through the Regents of the University of Colorado, a Body Corporate hereinafter referred to as the State or Principal Representative, and having its offices at 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 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 Speedtype , Account Number; and

WHEREAS, the State has Appropriated and the Principal Representative has been authorized to expend the total sum of 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 Dollars ( ) and

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

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

(SC-5.1TC).

NOW, THEREFORE,

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

1 ARTICLE 1 BASIC SERVICES OF ARCHITECT/ENGINEER

1.1 THE SERVICES

1.1.1 Professional Services

For services in connection with the design of a funded project, the Architect/Engineer promises to perform the professional services for the contemplated project as delineated in the proposal letter dated , submitted by the Architect/Engineer, which is attached hereto and made a part hereof by reference as Exhibit A. In addition, the Architect/Engineer promises to perform the professional services as set forth in Terms and Conditions (SC-5.1TC) 1.2 A, B, C, D, E, F and G.

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.

Rev. 07/2025 4

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: (1) 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 (1) 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 (1) electronic sets or partial sets of the Contract Documents to enable prompt prosecution of the work.

d) (0) complete sets of drawings and specifications shall be the maximum required to be furnished by the Architect/Engineer. The Principal Representative will pay for all other sets of documents or partial sets of documents required at the cost of reproduction.

Rev. 07/2025 5

1.2.7 Post Construction Phase

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

2 ARTICLE 2 REIMBURSABLE EXPENSE

2.1 REIMBURSEMENT

2.1.1 Basic and Additional Services

Reimbursable expenses are in addition to the compensation for Basic and Additional Services and include actual expenditures made by the Architect/Engineer and its employees, associate Architect/Engineer, and consultants in the interest of the Project. Pay requests for reimbursable expense shall be submitted with receipts, statements, or other acceptable supporting data. The Architect/Engineer understands and agrees that a certain dollar amount as enumerated in line H of paragraph 3.1.1 has been established as a maximum amount to be paid for all reimbursable expenses.

2.1.2 Items for Reimbursement

The Architect/Engineer shall be reimbursed for:

a) In accordance with the provisions of paragraph 1.2.5.6 (d) of this Agreement, for all copies over (0) 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

Rev. 07/2025 6

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 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.

B.

C.

D.

E.

F.

G.

H.

$0.00

Pre-Design Phase (if applicable) Schematic Design Phase Design Development Phase Construction Documents Phase

TOTAL COMPENSATION

Bidding Phase Contract Administration Phase Post Construction Phase (if applicable) Reimbursable Expenses (Not to Exceed)

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

Rev. 07/2025 7 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 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):

Notice to Principal Representative:

Project Manager University of Colorado Boulder Email

With copies to State Buildings Program (or Delegate:

Micheal C. Turman Assistant Vice Chancellor, Design & Construction University of Colorado Boulder mike.turman@colorado.edu

Notice to Architect/Engineer Name Title Company Email

Rev. 7/2025 Page 1 of 8 UCB Supp. Gen. Cond. To SC-5.1 & SC-5.1TC

SUPPLEMENTARY GENERAL CONDITIONS:

UNIVERSITY OF COLORADO BOULDER

to

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD (D/B/B)

(State Form SC-5.1) and

ARCHITECT/ENGINEER AGREEMENT TERMS AND CONDITIONS

DESIGN/BID/BUILD (State Form SC-5.1TC)

• Table of Contents, Exhibits – Add the following Exhibit as follows:

Supplementary General Conditions: University of Colorado Boulder.

• Recitals – Modify paragraph on page 3 titled, ‘Entire Agreement’ as follows:

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), the Supplementary General Conditions: Federal Provisions (as applicable), and the Supplementary General Conditions: University of Colorado Boulder incorporated herein by reference. The ARCHITECT/ENGINEER acknowledges having reviewed and accepted the Architect/Engineer Agreement Terms and Conditions (SC- 5.1TC), the Supplementary General Conditions: Federal Provisions (as applicable), and the Supplementary General Conditions: University of Colorado Boulder.

• Article 1 - Basic Services of Architect/Engineer – Add the following paragraphs to Article 1.1 - Services:

1.1.8 Building and Facilities Standards

The University of Colorado Boulder shall have available the University of Colorado Boulder (UCB) Building and Facilities Standards (collectively referred to as “UCB Standards”). The latest UCB Standards are the design standards to which the Architect/Engineer is expected to adhere as a minimum. The Architect/Engineer shall develop specifications and design strategies accordingly. The Architect/Engineer shall be responsible for obtaining copies of the UCB Standards from the Office of Facilities Management website at: https://www.colorado.edu/facilities-standards/.

1.1.9 Document Review Comments Response

The Architect/Engineer shall respond in writing to all comments or requirements stated by the University of Colorado Boulder, as presented in document reviews, review lists, or other written communications.

• Article 1.2 Development of the Project - Modify paragraph 1.2.2.3 (j) as follows:

(j) Architect/Engineer's estimate of Probable Construction Cost. This estimate shall include a 10% design contingency.

Rev. 7/2025 Page 2 of 8

• Article 1.2.2 Schematic Design – Add the following new paragraph:

1.2.2.5 The Architect/Engineer shall furnish the Schematic Design report and accompanying Drawings for review that conform to the latest requirements of the UCB CAD Standards. The UCB CAD Standards can be found on the Office of Facilities Management website at:

https://www.colorado.edu/fm/departments/planning-design-construction/cad-document-management.

• Article 1.2.3 Design Development Phase - Modify paragraph 1.2.3.1 (g) as follows:

(g) Architect/Engineer's adjustments to the Schematic Design estimate of Probable

Construction Cost. The estimate for Design Development shall include a 7% design contingency.

• Article 1.2.3 Design Development Phase – Add the following new paragraph:

1.2.3.4 The Architect/Engineer shall furnish Design Development Documents for review that conform to the latest requirements of the UCB CAD Standards. The UCB CAD Standards can be found on the Office of Facilities Management website at: https://www.colorado.edu/fm/departments/planning-design-construction/cad-document-management.

• Article 1.2.4 Construction Documents Phase – Modify paragraph 1.2.4.1 (a)(b) and (c) as follows:

(a) Complete architectural, structural, plumbing, mechanical and electrical construction drawings. These drawings shall be on durable and reproducible material. If the Project is a structure, the title sheet of the Project shall reflect an accurate take-off of:

(1) Gross square footage,

(2) Gross building volume.

• Article 1.2.4 Construction Documents Phase – Modify paragraph numbers 1.2.4.1 (d)(e) and (f) as follows:

d) c) This takeoff shall be made…

e) d) Complete architectural, structural…

f) e) The Architect/Engineer’s adjustments…

• Article 1.2.4 Construction Documents Phase – Add the following new paragraph:

1.2.4.4 The Architect/Engineer shall furnish Construction Documents for review that conform to the latest requirements of the UCB CAD Standards. The UCB CAD Standards can be found on the Office of Facilities Management website at:

https://www.colorado.edu/fm/departments/planning-design-construction/cad-document-management.

• Article 1.2.4 Construction Documents Phase – Add the following new paragraph:

1.2.4.5 The Architect/Engineer shall furnish one (1) electronic (pdf) set of the

Contract Documents drawings and specifications, labeled “For Construction” that shall bear a certified digital professional seal and the signature of the Architect/Engineer, and the seals/signatures of the appropriate, responsible professional engineering consultants, which conforms to the sealing requirements per the State of Colorado Department of Regulatory Agencies

(DORA) 4 C.C.R 7304.

• Article 1.2.5 Bidding Phase – Modify paragraph 1.2 .5.2 as follows:

Rev. 7/2025 Page 3 of 8

1.2.5.2 Bidding Documents: Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary General Conditions, Specifications, Drawings and all published addenda. Documents shall conform to the latest requirements of the UCB CAD Standards. The UCB CAD Standards can be found on the Office of Facilities Management website at:

https://www.colorado.edu/fm/departments/planning-design-construction/cad-document-management

• Article 1.2.5 Bidding Phase – Modify paragraph 1.2.5.3 as follows:

1.2.5.3 Prospective Bidders: If requested by the Principal Representative the Architect

Engineer shall distribute the Bidding Documents to prospective bidders. and request their return upon completion of the bidding process.

• Article 1.2.6 Contract Administration Phase – Modify the first sentence in paragraph

1.2.6.3 as follows:

1.2.6.3 Construction Progress Meetings: The Architect/Engineer shall attend, record and distribute the minutes of the construction progress meetings to monitor the construction and perform the duties required by this Article 1, including assisting the Principal Representative in reaching an informal partnering agreement with the Contractor.

• Article 5 Principal Representative, Add to paragraph 5.1.1.a):

The Regents of the University of Colorado at Boulder PRINCIPAL REPRESENTATIVES for contract signature authority and claims resolution.

Signature Authority Claims Resolution Director of I&R Business Services<$5M Office of the State Architect Delegate Vice Chancellor Infrastructure and Resilience<$5M

Vice Chancellor Infrastructure and Resilience

University of Colorado President >$5M Appeal to Chief Procurement Officer

• Article 7.2 As-Built Drawings/Record Drawings - Modify paragraph 7.2.1 as follows:

7.2.1 The Architect/Engineer and its consultants shall, upon completion of the

Construction Phase receive redline As-Built Drawings from the Contractor. These redline changes shall describe the built condition of the Project. This information and all of the incorporated changes directed by Bidding Addenda, Change Order/Amendment or Architect/Engineer’s Supplementary Instructions shall be incorporated by the Architect/Engineer and its consultants into a Record Drawings document provided to the Principal Representative in the form of an electro-media format and a reproducible format as agreed between the parties electronic files and one (1) hard copy bound set that conforms with the latest requirements of the UCB CAD Standards. The UCB CAD Standards can be found on the Office of Facilities Management website at:

https://www.colorado.edu/fm/departments/planning-design-construction/cad-document-management. The Architect/Engineer shall also provide the Principal Representative with the As-built Drawings received from the Contractor. Final payment to the Architect/Engineer shall be withheld until all Record Drawings have been submitted and approved by the Principal Representative.

• Article 7.2 – Add the following new paragraph:

7.2.2 The Architect/Engineer shall upon completion of the Construction Administration

Rev. 7/2025 Page 4 of 8

Phase, receive Operation and Maintenance (O&M) Manuals and final Fire Alarm and Sprinkler Shop Drawings from the Contractor. This information shall be reviewed by the Architect/Engineer for accuracy and completeness and delivered to the Principal Representative.

• Article 8 – Replace Article 8 in its’ entirety with the following:

The Architect/Engineer shall obtain and maintain, at its own expense and for the duration of the contract including any warranty periods under the Contract are satisfied, the insurance coverages set forth below.

By requiring such insurance, the Principal Representative shall not be deemed or construed to have assessed the risk that may be applicable to the Architect/Engineer its agents, representatives, employees or sub-consultants under this contract. The insurance requirements herein for this Contract in no way limit the indemnity covenants contained in the Contract.

The Principal Representative in no way warrants that the limits contained herein are sufficient to protect the Architect/Engineer from liabilities that might arise out of the performance of the work under this Contract by the Architect/Engineer, its agents, representatives, employees, or sub-consultants. The Architect/Engineer shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Architect/Engineer is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

COVERAGES AND LIMITS OF INSURANCE - Architect/Engineer shall provide coverage with limits of liability not less than those stated below.

1. Commercial General Liability – Occurrence Form – ISO CG 0001 or equivalent. Coverage to include:

Premises and Operations Personal / Advertising Injury Products / Completed Operations Liability assumed under an Insured Contract (including defense costs) Broad Form Property Damage

General Aggregate $ 2,000,000

Products/Completed Operations Aggregate $ 2,000,000

Each Occurrence Limit $ 1,000,000

Personal/Advertising Injury $ 1,000,000

a. The policy shall be endorsed to include the following additional insured language: The Regents of the University of Colorado, a Body Corporate (ISO Form CG 2010, or equivalent). Further, all policies of insurance shall include a Separation of Insureds Clause (Cross Liability).

2. Automobile Liability Bodily Injury and property damage for any owned, hired, and non-owned vehicles

Rev. 7/2025 Page 5 of 8 used in the performance of this contract.

Bodily Injury/Property Damage (Each Accident) $ 1,000,000

3. Workers Compensation

Statutory Benefits (coverage A) Employers Liability (Coverage B)

Coverage A (Workers’ Compensation) Statutory

Coverage B (Employers Liability)

Each Accident $ 100,000

Disease Each Employee $ 100,000

Disease Policy Limit $ 500,000

This requirement shall not apply when an Architect/Engineer or sub-consultant is exempt under Colorado Workers’ Compensation Act, AND when such Architect/Engineer or sub-consultant executes the appropriate sole proprietor waiver form.

PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS FOR

ARCHITECT/ENGINEER

The Architect/Engineer shall maintain Errors and Omissions Liability covering negligent acts, errors and/or omissions, including design errors of the Architect/Engineer for damage sustained by reason of or in the course of operations under this Contract. The policy/coverages shall be amended to include the following:

Amendment of any Contractual Liability Exclusion to state: “This exclusion does not apply to any liability of others which you assume under a written contract provided such liability is caused by your negligent acts.”

In the event that any professional liability insurance required by this Contract is written on a claims-made basis, Architect/Engineer warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning at the time work under this Contract is completed.

Policy shall contain a waiver of subrogation against The Regents of the University of Colorado, a Body Corporate.

Wrongful Act $2,000,000 General Aggregate $2,000,000

ADDITIONAL INSURANCE REQUIREMENTS

1. All Insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per

Rev. 7/2025 Page 6 of 8 occurrence basis. Professional Liability is acceptable on a claims-made basis.

2. On insurance policies where the Principal Representative is named as an additional insured, the Principal Representative shall be an additional insured to the full limits of liability purchased by the Architect/Engineer even if those limits of liability are in excess of those required by this Contract.

3. The Architect/Engineer shall provide the Principal Representative a Certificate of Insurance Form evidencing all required coverages, prior to commencing work or entering Principal Representative Premises. Upon request by the Principal Representative, Architect/Engineer must provide a copy of the actual insurance policy effecting coverage(s) required by the contract.

4. The Architect/Engineer insurance coverage shall be primary insurance and non- contributory with respect to all other available sources.

5. The Architect/Engineer shall advise the Principal Representative in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Architect/Engineer will reinstate the aggregate limits to comply with the minimum requirements and shall furnish to the Principal Representative a new certificate of insurance showing such coverage is in force.

6. Architect/Engineer’s insurance carrier should possess a minimum A.M. Best’s Insurance Guide rating of A- VI.

7. Provide a minimum of 30 days advance written notice to the Principal Representative for cancellation, non-renewal, or material changes to policies required under the contract.

Failure of the Architect/Engineer to fully comply with these requirements during the term of the Contract may be considered a material breach of contract and may be cause for immediate termination of the Contract at the option of the Principal Representative. The Principal Representative reserves the right to negotiate additional specific insurance requirements at the time of the contract award.

Non-Waiver The parties hereto understand and agree that The Principal Representative is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, et seq., as from time to time amended, or otherwise available to the Principal Representative or its officers, employees, agents, and volunteers.

Mutual-Cooperation The Principal Representative and Architect/Engineer shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery.

Article 11 – Add the following new paragraph to Article 11 – Colorado Special Provisions

11.11 BUY CLEAN COLORADO C.R.S. § 24-92-117

The Buy Clean Colorado (BCCO) Act (C.R.S. 24-92-117) applies to State public projects

Rev. 7/2025 Page 7 of 8 for which the project cost exceeds five hundred thousand dollars and for which an agency of government issues a solicitation on or after January 1, 2024. Architect acknowledges and will comply with the requirements of BCCO. Resources for the Architect are located on the Office of State Architect website: https://osa.colorado.gov/energy-environment/buy-clean-colorado-act.

Article 12.28 – Add the following new paragraph

12.28 ASBESTOS CERTIFICATION

12.28.1 The Architect/Engineer shall acknowledge pursuant to the Colorado Department of Public Health and Environment, Air Quality Control Commission Regulation No. 8 Part B – Asbestos, Section V.H.1.d, that No Asbestos Containing Material (ACM) shall be specified as a building material in any construction document for the project to the best of his/her knowledge, information and belief, the materials incorporated into the project, and as used during the construction process, are free of any type of ACM.

The undersigned acknowledge that not all asbestos building materials have or were ever completely banned (EPA/TSCA-1999).

Article 12.29 – Add the following new paragraphs

12.29 BACKGROUND CHECKS

12.29.1 The Architect/Engineer acknowledges that Architect/Engineer’s activities may involve heightened risks as a result of access or exposure by Architect/Engineer’s employees, agents and consultants to one or more Sensitive Environments.

Architect/Engineer expressly acknowledges that Architect/Engineer shall take all commercially reasonable measures to mitigate any such risks, which measures may include but are not limited to conducting criminal history checks, financial background checks, or reference checks on employees, agents and consultants who will have access to one or more Sensitive Environments.

12.29.2 For purposes of this provision, Sensitive Environment means any situation where Architect/Engineer’s employees, agents and consultants: (a) are engaged in supervision of or exposure to minors or other vulnerable populations; (b) have access to confidential information, which includes any information protected or restricted by law or Principal Representative policy or that is expressly identified by the Principal Representative as confidential information; (c) have access to the Principal Representative’s information technology systems; (d) are engaged in activities that involve unique or specialized risks.

Architect/Engineer shall conduct background checks on employees, agents and consultants that have access to campus buildings where students and faculty reside (e.g.

residence halls), the Recreation Center, Athletics Facilities and other secured facilities as determined at the sole discretion of the Principal Representative.

12.29.3 Upon Principal Representative…