RFQ-AE R3

REV 9/2025 UCB 4/2026 pg. 1

REQUEST FOR

QUALIFICATIONS

ARCHITECTURAL / ENGINEERING /

CONSULTING SERVICES

State of Colorado University of Colorado Boulder

Notice Number: #26-53 Project Number: UCB001642 Project Title: MBE-Idea Forge Renovation Estimated Project Cost: $8,000,000-$10,000,000

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. 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

4. PROJECT APPROACH

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XII: APPENDIX

A. EVALUATION FORMS

A1: PREQUALIFICATION SUBMITTAL EVALUATION FORM

A2: ORAL INTERVIEW EVALUATION FORM

A3: PREQUALIFICATION AND ORAL INTERVIEW RANKING MATRIX

B. ARCHITECT/ENGINEER/CONSULTANT CONTRACT (CM/GC FORMAT)

C. ACKNOWLEDGEMENT AND ATTESTATION FORM

D. SCOPE OF STUDY PLANS

E. OWNER’S PROJECT REQUIREMENTS

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

REV 9/2025 UCB 4/2026 pg. 3 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

The University of Colorado Boulder (UCB) seeks qualified A/E design teams for the renovation of the Idea Forge, located within the OFELIA MIRAMONTES AND LEONARD BACA EDUCATION BUILDING (MBE) on the university’s main campus. The Idea Forge describes a variety of spaces (offices, wood shop, machine shop, computing lab, testing spaces, instructional labs, and project assembly rooms) assigned to the Mechanical Engineering Department of the College of Engineering and Applied Science (CEAS). See OPR for Project Goals.

Background Enrollment in UCB’s mechanical engineering department continues to grow, having increased 57% since Fall of 2023. As of Spring 2026, mechanical engineering had about 1,550 undergraduates. The department uses the Idea Forge for instruction of sophomores, juniors, seniors, and graduate students in project-based learning courses. The curriculum includes instruction in, but not limited to, machining, wood shop usage, metallurgic casting, electronics assembly and testing, mechanical assembly and testing, laser cutting, 3d-printing, and finishing. Flexibility for near-term future needs may include additional technologies.

MBE was constructed in 1957 as the university’s former law school. In addition to centrally-scheduled classrooms, the building is home to the Mechanical Engineering Department and the School of Education. The building has been renovated many times since it was first used as a law school, including major capital renovation for the School of Education in

REV 9/2025 UCB 4/2026 pg. 4

2019 and 2022, and a 2014 renovation that originally created the Idea Forge. The Idea Forge occupies spaces that were the former law library, including a roughly 16,000 GSF addition in the 1970’s. As of today, spaces assigned to the Idea Forge within MBE total approximately 29,829 ASF.

The University of Colorado Boulder anticipates using a Construction Manager/General Contractor (CM/GC) approach to project delivery. The Architect/Engineer is expected to provide Basic Services as described in the sample Architect / Engineer / Consultant Agreement unless otherwise noted. Through the use of an Architect and a Construction Manager/General Contractor, a Guaranteed Maximum Price (GMP) will be established in conjunction with the University of Colorado Boulder. The CM/GC will evaluate, among other things, availability of materials and labor, project schedule, project costs as they relate to the established budget, and constructability, and will work with the Architect throughout the value engineering phases of the project. The selection process for the CM/GC will begin following the selection of the Architect.

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.

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 $5,000,000, utilizing the expertise present in their Colorado Office; and

4. Attended and signed in at the Mandatory Pre-Submittal Conference

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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 CONFERENCE AND SITE TOUR

To ensure sufficient information is available to firms preparing submittals, a mandatory pre-submittal conference has been scheduled. The intent of this conference is to tour the site and 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:

Building Address: 2445 Kittredge Loop Dr, Boulder, CO Room: Classroom 33 (1B Level) Date/Time September 22, 2026 2:30PM-4:00PM

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 9/15/2026

Mandatory Pre-Submittal Conference and Tour 9/22/2026 at 2:30PM-4:00PM Request for Clarifications Due 9/25/2026 by 2:00PM Clarification Responses Issued 9/30/2026

Submittals Due (Prequalification: Step I) 10/7/2026 by 2:00PM Interview Short List Announced 10/14/2026

Oral Interviews Week of 10/19/2026 Selection Announced 10/23/2026

Negotiation of Contract Through Week of 11/6/2026 Anticipated Design Start Week of 12/6/2026 Anticipated Construction Start/Finish July 2027-July 2028

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.

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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 single-page cover letter addressed to the University of Colorado Boulder;

Attn: Kristi Maulding 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-excluding the attestation form) 8 ½” x 11” sized pages in portrait format, and at least 10 pt font. No links to external websites are allowed. Electronic copies only.

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 10/7/2026 and shall be received no later than 2:00 PM MDT.

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-

REV 9/2025 UCB 4/2026 pg. 7 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.

Well-qualified teams should have previous experience in professional machine shop layouts and design, in both industry and in a higher education environment. Describe experience with complex renovation projects with a strong mechanical component.

• References.

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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. Ensure the project is designed for durability and maintainability

d. Ensure quality not only during design and documentation, but ensure quality is maintained during construction.

e. Demonstrated process for tracking owner comments, design changes, and decisions, with transparent communication throughout the project.

• Schedule

a. Manage the required work to meet the established schedule

• Stakeholder Engagement

a. Ability to foster a collaborative and transparent process that builds trust and encourages meaningful participation from all stakeholders.

b. Develop and execute a structured engagement plan that identifies key stakeholders, meeting formats, decision points, and communication strategies.

c. Experience building consensus among groups with differing priorities and translating that into actionable design solutions.

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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. Describe experience (if any) on CU Boulder Campus and/or other higher education campuses in Colorado.

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 10/19/2026 Interviews will be conducted at: 1540 30th St, Boulder, CO. The specific date and 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

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Appendix A: Evaluation Forms (these will be separate PDF documents in Bidnet)

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

REV 9/2025 UCB 4/2026

Appendix B: Architect/Engineer/Consultant Contract (CM/GC Format)

See https://osa.colorado.gov/state-buildings/project-management-policies-guidelines/contract-forms for latest SC-5.2 https://osa.colorado.gov/state-buildings/project-management-policies-guidelines/contract-forms https://osa.colorado.gov/state-buildings/project-management-policies-guidelines/contract-forms

SC-5.2

Rev. 01/2025 TOC

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT

CONSTRUCTION MANAGER/GENERAL

CONTRACTOR

(STATE FORM SC-5.2)

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

DRAFT

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT

CONSTRUCTION MANAGER/GENERAL CONTRACTOR

(STATE FORM SC-5.2)

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

1 ARTICLE 1 BASIC SERVICES OF THE ARCHITECT/ENGINEER

1.1 THE SERVICES

1.2 QUALIFICATIONS

1.3 PRE-DESIGN PHASE

1.4 SCHEMATIC DESIGN PHASE

1.5 DESIGN DEVELOPMENT PHASE

1.6 CONSTRUCTION DOCUMENTS PHASE

1.7 BIDDING PHASE

1.8 CONTRACT ADMINISTRATION PHASE FOR MULTIPLE SEPARATE BID PACKAGES

1.9 POST CONSTRUCTION PHASE

2 ARTICLE 2 REIMBURSABLE EXPENSES

2.1 REIMBURSEMENT

3 ARTICLE 3 BASIS OF COMPENSATION

3.1 PAYMENT

3.2 ADDITIONAL COMPENSATION

3.3 PAYMENTS WITHHELD

3.4 ARCHITECT/ENGINEER'S ACCOUNTING RECORDS

3.5 CONDITION PRECEDENT

4 ARTICLE 4 TIME

4.1 DESIGN SERVICES SCHEDULE

4.2 TERM

5 ARTICLE 5 PRINCIPAL REPRESENTATIVE

5.1 THE RESPONSIBILITIES

6 ARTICLE 6 CONSTRUCTION COSTS

6.1 BUDGETING AND FIXED LIMIT OF CONSTRUCTION COST

6.2 CONSTRUCTION COST

6.3 CONSTRUCTION MANAGER COST ESTIMATES

6.4 ARCHITECT/ENGINEER COST ESTIMATES

6.5 FIXED LIMIT OF CONSTRUCTION COST EXCEEDED

7 ARTICLE 7 OWNERSHIP OF DOCUMENTS

7.1 INSTRUMENTS OF SERVICE

7.2 AS-BUILT DRAWINGS/RECORD DRAWINGS

8 ARTICLE 8 INSURANCE

8.1 GENERAL

8.2 COMMERCIAL GENERAL LIABILITY INSURANCE (CGL)

8.3 AUTOMOBILE LIABILITY INSURANCE

8.4 WORKERS’ COMPENSATION INSURANCE

8.5 PROFESSIONAL ERRORS AND OMISSIONS LIABILITY

9 ARTICLE 9 TERMINATION OR SUSPENSION OF AGREEMENT

9.1 DEFAULT

9.2 TERMINATION FOR CONVENIENCE OF STATE

9.3 SUSPENSION

10 ARTICLE 10 INTENT OF DOCUMENTS, PARTNERING AND FACILITATED

NEGOTIATIONS

10.1 INTENT OF DOCUMENTS

10.2 PARTNERING

10.3 FACILITATED NEGOTIATIONS

11 ARTICLE 11 COLORADO SPECIAL PROVISIONS

11.1 STATUTORY APPROVAL, C.R.S. § 24-30-202(1)

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

11.3 GOVERNMENTAL IMMUNITY

11.4 INDEPENDENT ARCHITECT/ENGINEER

11.5 COMPLIANCE WITH LAW

11.6 CHOICE OF LAW, JURISDICTION, AND VENUE

11.7 PROHIBITED TERMS

11.8 SOFTWARE PIRACY PROHIBITION. SOFTWARE PIRACY PROHIBITION

11.9 EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST

11.10 VENDOR OFFSET AND ERRONEOUS PAYMENTS

12 ARTICLE 12 MISCELLANEOUS PROVISIONS

12.1 DEFINITIONS

12.2 PROFESSIONAL ASSOCIATION PERMITTED

12.3 DISSOLUTION OF PROFESSIONAL ASSOCIATION

12.4 WAGE RATES, in accordance with C.R.S. § 24-30-1404 (1)

12.5 PUBLIC ART LAW

12.6 ASSIGNMENT

12.7 SUBCONTRACTS

12.8 BINDING EFFECT

12.9 AUTHORITY

12.10 CAPTIONS AND REFERENCES

12.11 COUNTERPARTS

12.12 DESIGNATED REPRESENTATIVES

12.13 ENTIRE UNDERSTANDING

12.14 DIGITAL SIGNATURES

12.15 MODIFICATION

12.16 STATUTES, REGULATIONS, FISCAL RULES AND OTHER AUTHORITY

12.17 EXTERNAL TERMS AND CONDITIONS

12.18 SEVERABILITY

12.19 SURVIVIAL AND CERTAIN CONTRACT TERMS

12.20 TAXES

12.21 THIRD PARTY BENEFICIARIES

12.22 WAIVER

12.23 CORA DISCLOSURE

12.24 STANDARD AND MANNER OF PERFORMANCE

12.25 LICENSES, PERMITS, AND OTHER AUTHORIZATIONS

12.26 INDEMNIFICATION

12.27 ACCESSIBILITY

13 ARTICLE 13 CONFIDENTIAL INFORMATION-STATE RECORDS

13.1 CONFIDENTIALITY

13.2 OTHER ENTITY ACCESS AND NONDISCLOSURE AGREEMENTS

13.3 USE, SECURITY, AND RETENTION

13.4 INCIDENT NOTICE AND REMEDIATION

13.5 DATA PROTECTION AND HANDLING

13.6 SAFEGUARDING PERSONAL IDENTIFIABLE INFORMATION (PII)

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

Supplementary General Conditions: University of Colorado Boulder (Supersedes

State Contract Requirements)

SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS

SC-5.3

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

OFFICE OF THE STATE ARCHITECT

State Buildings Program

LEGAL REVIEW

University Legal Counsel

STATE CONTROLLER

Campus Controller’s Office

By:

Effective Date: __________________

Rev. 07/2025 2

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT

CONSTRUCTION MANAGER/GENERAL CONTRACTOR

(STATE FORM SC-5.2)

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 Consultant.

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 Consultant 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 ; 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 ($ .00); and

WHEREAS, the Construction Manager/General Contractor shall establish a Guaranteed Maximum Price that is within this Fixed Limit of Construction Cost as established by the Principal Representative, at the completion of the Design Development Phase; and

Rev. 07/2025 3

WHEREAS, the Architect/Engineer was selected and determined to be the most qualified, and fees were negotiated in accordance with the provision of Title C.R.S. § 24-30-1401 et seq., as amended; and

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

1 ARTICLE 1 BASIC SERVICES OF THE ARCHITECT/ENGINEER

1.1 THE SERVICES

1.1.1 The Architect/Engineer’s services shall be provided in conjunction with the services of the Construction Manager/General Contractor, hereinafter referred to as “Construction Manager” or CM, as set forth in the Contract between the State and Construction Manager, hereinafter referred to as the Construction Manager Contract. The Architect/Engineer’s services shall consist of design phases hereinafter set forth and include normal architectural, structural, mechanical, electrical and civil engineering services; landscaping if any; space planning/interior layout; and any other services included in this Agreement 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. Numerous exhibits developed over a period of time are also attached to and made a part of this Agreement, some of which may be in conflict with other exhibits or portions of this Agreement. In the event of any conflict in any of these, the greater service shall be included in the professional services provided and the contract sum without additional compensation to be superseded by applicable amendment sum or supplement.

1.1.2 In the performance of the professional services, the Architect/Engineer acknowledges that time is critical for Project delivery and that portions of the work shall have their design completed as separate Bid Packages and ready for construction before other portions of the work are fully designed. It is further recognized that this accelerated approach to construction utilizing the services of an Architect/Engineer and a Construction Manager/General Contractor is a unique concept and that its feasibility requires maximum cooperation between all parties. It is also recognized that the services to be rendered by the Construction Manager and the interrelationships and coordinative aspects thereof are not traditional. The Architect/Engineer has, however, reviewed the Construction Manager Contract and accepts the terms thereof as expressing a workable concept. In furtherance thereof, in the event there appears to be a duplication, overlap, or conflict of responsibility or duties between the Architect/Engineer and the Construction Manager, or an absence of designation, the question shall be submitted to the Principal Representative for determination. The Architect/Engineer shall abide by the decision of the Principal Representative provided it does not require the performance of services beyond what was reasonably contemplated and accepted by the Architect/Engineer as its responsibility.

1.1.3 The Architect/Engineer further acknowledges that the Fixed Limit of Construction Cost recited above as the Principal Representative’s expenditure

Rev. 07/2025 4 limit is intended to cover the entire cost of the Project and is sufficient therefore and has been fully appropriated. The Architect/Engineer therefore agrees to cooperate fully with the Principal Representative in the design and construction aspects to keep within these limitations.

1.1.4 The number of Bid Packages shall be established at . Should the Principal Representative request additional or fewer Bid Packages than the established number, the cost involved in development of additional or the deletion of proposed bid packs shall be reflected in an Amendment to the Agreement for Additional Services.

1.1.5 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).

☐ ______ Principal Representative initial

1.1.5.1 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 Consultant 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.

During the submittal process the Consultant 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.

1.1.5.2 “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

1.1.6 The Consultant shall participate in sessions at the close of Schematic Design Phase, Design Development Phase, and as Construction Documents are finalized for each Bid Package. These Project Design Review Sessions shall be attended by the Architect, and a representative of the Principal Representative. The purpose of the project design review sessions is to (1) confirm consistency with the design intent; (2) confirm complete, coordinated, constructible and cost-effective designs for all disciplines (e.g. architectural, structural, mechanical, electrical); (3) confirm that the design documents are code compliant; (4)

Rev. 07/2025 5 endeavor to confirm that all Work has been included and described in sufficient detail to confirm complete pricing of the Work; and (5) allow for phased construction. The Consultant shall collect all design review comments from the various participants, provide reports to the Principal Representative, and confirm that with the issuance of each progress set of design documents all comments have either been incorporated or resolved to the satisfaction of the Principal Representative.

1.1.7 The Architect/Engineer shall participate in formal value engineering workshops at the end of the Schematic Design Phase and the Design Development Phase, bringing multidiscipline cost estimating and design experts to evaluate alternative designs, systems and materials.

1.1.8 The Architect/Engineer shall make certain to the best of its knowledge, information and belief, that the drawings and specifications prepared by it are in compliance with the approved codes as adopted by State Buildings Program (as a minimum standard) as indicated in Exhibit C, Approved State Building Codes / Code Compliance Plan Review Procedures and other more restrictive standards as specified by the Principal Representative are as indicated in Exhibit C. Drawings and specifications are to be reviewed by the State's approved Code Review Agents at the appropriate phases and with the required information as described in Exhibit C.

1.2 QUALIFICATIONS

1.2.1 The services shall be performed by the Architect/Engineer or by consultants licensed or registered by the State of Colorado as required by law. If these special consulting services are to be performed by professionals in the Architect/Engineer’s employ, then the services must currently be and have been for at least two (2) years previously, regularly a service of the Architect/Engineer’s organization.

1.2.2 In the event the Architect/Engineer does not have as part of its regular staff and services certain professional consultants and consulting services, such as but not limited to, architectural, structural, mechanical, electrical, civil, landscaping, and/or space planning/interior layout, then such consulting services shall be performed by practicing professional consultants.

1.2.3 All professional consultants, staff or practicing, must be retained for the duration of the Project, provided, however, that acceptable replacements must have prior approval, in writing, by the Principal Representative which approval shall not be unreasonably withheld.

1.2.4 Prior to designating a professional to perform any of these services, the Architect/Engineer shall submit the name, together with a resume of training and experience in work of like character and magnitude of the project being contemplated, to the Principal Representative, and receive approval in writing therefrom.

1.2.5 No consultant shall be engaged or perform work on the Project wherein a conflict of interest exists, such as being connected with the sale or promotion of equipment or material which may be used on the Project, provided, Rev. 07/2025 6 however, that in unusual circumstances and with full disclosure to the Principal Representative of such interest, the Principal Representative may permit a waiver, in writing, in respect to the particular consultant.

1.2.6 The Architect/Engineer shall designate all of its consultants in Exhibit A, which list may only be modified in accordance with § 1.2.4 or § 1.2.5.

1.3 PRE-DESIGN PHASE

1.3.1 As designated and defined in the Architect/Engineer’s Proposal Exhibit A.

1.4 SCHEMATIC DESIGN PHASE

1.4.1 The Architect/Engineer or its duly authorized representative shall attend regular meetings with the Principal Representative and the Construction Manager, and such additional meetings as the Principal Representative may request or as may be requisite to a complete understanding of the Project. All regular meetings shall be scheduled by the Architect/Engineer with the agreement of the Construction Manager and approval of the Principal Representative. The Architect/Engineer shall document all such conference notes and distribute same to the Principal Representative.

1.4.2 The Architect/Engineer shall review the design program furnished by the Principal Representative and/or as prepared under separate contract by the Architect/Engineer, including the approved Facilities Program Plan, to ascertain the requirements of the Project and shall refine the design program in accordance with Exhibit D, reviewing and confirming the understandings of these requirements and other design parameters with the Principal Representative.

1.4.3 During the progress of the Schematic Design Phase, the Architect/Engineer shall keep the Construction Manager informed of changes in requirements or in materials, equipment, component systems and types of construction as the drawings and specifications are developed so that the Construction Manager can formulate the Estimates of Construction Cost and the Guaranteed Maximum Price appropriately.

1.4.4 The Architect/Engineer shall review with the Principal Representative and Construction Manager site use and improvements, selection of materials, building systems and equipment, construction methods, and methods of Project delivery.

1.4.5 Based on the mutually agreed upon design program and the Fixed Limit of Construction Cost, the Architect/Engineer shall prepare, for acceptance by the Principal Representative, Schematic Design Documents consisting of drawings, outline specifications and other documents illustrating the scale and relationship of Project components. Schematic Design Documents shall be prepared in sufficient detail and number to come to an agreement on the basic design of the Project.

1.4.6 At intervals appropriate to the progress of the Schematic Design Phase, the Architect/Engineer shall provide copies of schematic design studies for the Construction Manager’s review, monitoring, and input, for the in-progress work and any completed components thereof, which will be completed so as to

Rev. 07/2025 7 cause no delay to the Architect/Engineer. The purpose of such input shall address efficiency of materials, constructability, availability of components and compatibility of systems.

1.4.7 At intervals appropriate to the progress of the Schematic Design Phase, the Architect/Engineer shall provide the Principal Representative with copies of all materials, documents, and studies necessary to permit the Principal Representative to monitor, review, provide input to, and any necessary acceptance of, the Schematic Design Phase in progress and completed components thereof. This reviewing process shall be made so as to cause no delay to the Architect/Engineer. The Architect/Engineer shall respond in writing to the Principal Representative's comments resulting from this reviewing process.

1.4.8 At the completion of the Schematic Design Phase, the Architect/Engineer shall:

a) Provide ( ) complete sets of drawings, outline specifications and construction materials, and such other documents necessary to fully illustrate the Schematic Design Phase to the Principal Representative and solicit its acceptance;

b) Provide ( ) complete sets of drawings and (1 reproducible) complete set, outline specifications and construction materials, and such other documents necessary for the Construction Manager to prepare an estimate of the cost of construction;

c) Assist the Construction Manager in reviewing and verifying such Estimates of Construction Cost; and

d) Independent of the Construction Manager, prepare and submit to the Principal Representative a construction cost estimate which will serve as a "Statement of Probable Cost”.

1.4.9 The Architect/Engineer shall also prepare a written report, accompanied by drawings, setting forth the following as a minimum:

a) Analysis of the structure as it relates to the Approved Codes as defined in Exhibit C, including responses to the State's Code Review Agent;

b) Recommend site locations and scope of site development;

c) Correlation of spaces with approved State standards;

d) Conceptual drawings of floor plans, elevations, section, and site plan;

e) Conceptual drawings and descriptions of project plumbing, mechanical and electrical systems as necessary;

f) Area computations, gross square footage and net square footage, and volume;

g) Outline of proposed construction materials;

h) Review of time anticipated for the Construction Phase(s); and

i) Written description of the bid packaging strategy agreed upon with the

Construction Manager/General Contractor.

1.4.10 The above Schematic Design data shall be subject to the acceptance in writing by the Principal Representative, Construction Manager and State Buildings Program.

1.4.11 Architect/Engineer shall also assist the Construction Manager in the preparation

Rev. 07/2025 8 of the Construction Manager's written report at the end of the Schematic Design Phase summarizing the Construction Manager's value engineering activities.

1.5 DESIGN DEVELOPMENT PHASE

1.5.1 Based on the written acceptance of the Schematic Design Documents and any adjustments authorized by the Principal Representative in the design program or the Fixed Limit of Construction Cost, if any, the Architect/Engineer shall prepare, for acceptance by the Principal Representative and State Buildings Program the Design Development Documents consisting of drawings, outline specifications, and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical, and electrical systems, materials, and such other elements as may be appropriate. The Design Development Documents shall be developed in sequence replicating the proposed Bidding Packages.

1.5.2 During the progress of the Design Development Phase the Architect/Engineer shall keep the Construction Manager informed of changes in requirement or in materials, equipment, component systems and types of construction as the drawings and specifications are developed so that the Construction Manager can formulate the Estimates of Construction Cost and the Guaranteed Maximum Price appropriately.

1.5.3 At intervals appropriate to the progress of the Design Development Phase, the Architect/Engineer shall provide copies of Design Development studies for the Construction Manager’s review, monitoring and input, to the in-progress Work and any completed components thereof, which will be completed so as to cause no delay to the Architect/Engineer. The purpose of such input shall address efficiency of materials, systems, and components; constructability within acceptable means; availability of materials, systems, and components;

and cost control.

1.5.4 At intervals appropriate to the progress of the Design Development Phase, the Architect/Engineer shall provide the Principal Representative with copies of all materials, documents, and studies necessary to permit the Principal Representative to monitor, review, provide input to, and any necessary acceptance of, the Design Development Phase in progress and completed components thereof. This reviewing process shall be made so as to cause no delay to the Architect/Engineer. The Architect/Engineer shall respond in writing to the Principal Representative’s comments resulting from this reviewing process.

1.5.5 At the completion of the Design Development Phase, the Architect/Engineer shall provide:

a) complete sets of drawings, outline specifications and construction materials, and such other documents necessary to fully illustrate the Design Development Phase to the Principal Representative and solicit its acceptance.

b) complete sets of drawings and (1 reproducible) complete set, outline specifications and construction materials, and such other documents

Rev. 07/2025 9 necessary for the Construction Manager to prepare an estimate of the cost of construction.

1.5.6 The Architect/Engineer shall prepare a written report and drawings outlining in detail Design Development Documents from the accepted Schematic Design study. The report, when submitted for acceptance by the Principal Representative and the Construction Manager shall include as a minimum:

a) Analysis of the structure as it relates to the Approved Codes defined in

Exhibit C, including responses to the State's Code Review Agent;

b) Site development drawings, defining the proposed scope of development including earthwork, surface development, and utility infrastructure;

c) Plans in one-line format of the proposed structural, mechanical, and electrical systems as necessary to define size, location and quality of equipment, materials, and constructions;

d) Floor plans including proposed movable equipment and furnishings and exterior elevations;

e) Cut-sheets and/or samples of proposed materials, equipment and system components including all such items normally specified under the Construction Specifications Institute, Specifications Format Divisions;

f) Proposed architectural finish schedule, HVAC, plumbing and electrical fixture schedules;

g) Outline specifications, using CSI format, identifying conditions of the contract, materials, and standards;

h) Review of the time anticipated for the Construction Phase(s); and

i) These documents shall be of sufficient detail to allow the Construction

Manager to enter into an agreement for the execution of the construction based on a Guaranteed Maximum Price.

1.5.7 The Architect/Engineer shall assist the Construction Manager in the preparation of the Construction Manager’s written report at the conclusion of the Design Development Phase summarizing the Construction Manager’s value engineering activities.

1.5.8 The Architect/Engineer shall make certain that to the best of its knowledge, information, and belief the drawings and specifications prepared by it are in full compliance with applicable codes, regulations, laws and ordinances, including both technical and administrative provisions thereof. Such drawings and specifications shall conform to the list of Approved Codes as defined in Exhibit C. If the Architect/Engineer shall deviate from such codes, regulations, law or ordinance, without written authorization to do so from the Principal Representative, then the Architect/Engineer shall, at its own expense, make such corrections in the Construction Documents as may be necessary for compliance.

1.5.9 The final Design Development Documents, revised as required by the Construction Manager's approved Guaranteed Maximum Price established within the recited Fixed Limit of Construction Cost, shall be subject to acceptance in writing by the Principal Representative and State Buildings Program.

1.5.10 Independent of the Construction Manager, the Architect/Engineer shall prepare

Rev. 07/2025 10 and submit a construction cost estimate which will serve as an update of the Statement of Probable Construction Cost.

1.6 CONSTRUCTION DOCUMENTS PHASE

1.6.1 Based on the Principal Representative and State Buildings Program accepted Design Development Documents and any further adjustments in the scope or quality of the Project or in the Construction Manager's Guaranteed Maximum Price, if any, authorized by the Principal Representative, the Architect/Engineer shall prepare, for acceptance by the Principal Representative, Construction Documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the Project.

1.6.2 During the progress of the Construction Document Phase, the Architect/Engineer shall keep the Construction Manager informed of any changes in requirements or in construction materials, systems or equipment.

1.6.3 At intervals appropriate to the progress of the Construction Document Phase, the Architect/Engineer shall provide copies of documents for the Principal Representative and the Construction Manager’s review, monitoring and input to the in-progress Construction Document Phase and any completed components thereof, which will be completed so as to cause no delay to the Architect/Engineer. These intervals shall be no fewer than at 50% and 95% completion of the Construction Documents Phase. The Architect/Engineer shall respond in writing to the Principal Representative’s review comments.

1.6.4 These Construction Documents, when each Bid Package is submitted for approval, shall include:

a) ( ) complete sets and (1 reproducible) complete set of architectural, civil, site development, structural, mechanical and electrical drawings as appropriate to assist in the definition of the submitted Bid Package;

b) Complete Bidding Documents including architectural, structural, mechanical and electrical specifications for that Bid Package. The format for these technical specifications shall be the current edition of MasterFormat published by the Construction Specifications Institute;

c) The title sheet shall contain the International Building Code (I.B.C.)

occupancy type, construction type, gross square footage and net square footage, and gross building volume; and

d) Each Bidding Package, as appropriate, shall contain a Code Compliance Plan as per Exhibit C, that defines area separation, fire and smoke barriers, exits, exit passages, and exit enclosures.

1.6.5 The Architect/Engineer shall assist the Construction Manager in preparation of the Construction Manager's written report summarizing the Construction Manager’s value engineering activities through the completion of this phase of the work.

1.6.6 The final Construction Documents shall be subject to the final acceptance by the Principal Representative, Construction Manager and State Buildings Program in writing.

Rev. 07/2025 11

1.7 BIDDING PHASE

1.7.1 The Architect/Engineer, following the Principal Representative’s and State Buildings Program’…