CBI GJ Project Manual_VSS_R8 mm 10am.pdf

OSA-AFB-1 pg. 1

REV 7/2025

ADVERTISEMENT FOR BIDS

Design / Bid / Build State of Colorado

Department of Public Safety

Notice Number: 1 Project Number: 2026-03M25 Project Title: Replace HVAC Units, Upgrade Lighting Systems, CBI Grand Junction Estimated Project Cost: $3,1138,526.00

NOTICES

1. For all projects with a total dollar value above $150,000 Notice of Final Settlement is required by C.R.S. §38-26-107(1). Final Settlement, if required, will be advertised in the same location as the original solicitation.

2. 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.

3. All respondents accept the conditions of this AFB, 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 proposals on the basis of being unresponsive to this AFB 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.

4. The respondent has reviewed Appendix F and by responding has agreed that the terms and conditions of the sample Contractor’s Design/Bid/Build (D/B/B) Agreement (SC-6.21) and General Terms and Conditions of the Contractor’s Design/Bid/Build Agreement (SC- 6.23) are expressly workable without reservation. Any exceptions to the contract must be communicated formally in writing before the bid closes.

5. Per C.R.S. §24-92-115 unless prohibited by applicable federal law, contract for any public project in the amount of one million dollars or more, that does not receive federal money, in the amount of one million dollars or more shall require the general contractor to which the contract is awarded to submit, at

OSA-AFB-1 pg. 2 the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation that Identifies the contractors or subcontractors that will be used for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing work required on the project and certifies that all firms identified participate in apprenticeship programs registered with the United States department of labor’s employment and training administration or state apprenticeship councils recognized by the United States department of labor and have a proven record of graduating a minimum of 15% of its apprentices for at least three of the past five years.

6. 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.

7. Per C.R.S. §24-92-Part 2, a public construction project in the amount of five hundred thousand dollars or more shall be subject to the State prevailing wage rate, of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees to lawful welfare, pension, vacation, apprentice training, and educational funds in the State, for each employee needed to execute the contract. Payments to the funds must constitute an ordinary business expense deduction for federal income tax purposes by contractors and subcontractors. Contractors are required to pay their employees at weekly intervals and shall comply with the enforcement provisions of C.R.S. §24-92-209. Contractors awarded a project of this size will be required to utilize the LCPTracker cloud-based labor compliance and certified payroll application.

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

9. Per C.R.S. §24-105-201 If the construction value is $50,000 or greater a Bid Bond and Power of Attorney or Proposal Guaranty is required in an amount not less than 5% of the total Bid.

PROJECT OVERVIEW

Introduction

OSA-AFB-1 pg. 3

The State of Colorado, Department of Public Safety (DPS) is soliciting bids from qualified contractors for the Replace HVAC Units, Upgrade Lighting Systems, CBI Grand Junction project.

Contractors for purchase of specified heating, ventilation and air conditioning equipment to include all related controlling devices. Purchase and installation of energy efficient lighting fixtures and controls.

The mechanical contractor is the primary agent for every aspect of this project and is responsible for the selection and management of subcontractors as required.

Contractors must verify all measurements and materials to ensure accuracy of submitted bid.

All State property is non-smoking, tobacco-free and includes all types of vaping.

Contactor is responsible for the security of all materials and equipment left at site.

Any public access to restrooms is limited due to securities. Include portable toilet(s) as necessary for project.

All products used for specified project requires submittal and CDPS approval before proceeding with order and/or installation. Unless otherwise communicated.

Scope of Services

Reference Architect / Engineer drawings and/or specifications included in the posting attachments.

The scope of services will include full Construction Contracting Services for the project specified during the process of construction and warranty period to the State as per the Advertisement for Bid. Specific tasks to be performed by the Contractor include those generally performed by the construction community where the Contractor is the prime vendor to the State. Bidders shall reference the drawings, specifications, and supporting documents in the Appendices for an understanding of the entire scope of the project.

Per C.R.S. §38-26-106, if a contract amounts to $150,000 or more, the awarded contractor shall provide payment and performance bonds not less than 50% of the value of the contract. The costs associated with this bond are to be included in the contractor’s bid.

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 bidders 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.

OSA-AFB-1 pg. 4

2. The bidding contractor must have been in the same business, under the same name for the last five (5) years.

3. Demonstrated specific contracting experience in projects of similar scope and complexity for at least two (2) projects each in excess of $ 3,000,000.00, utilizing the expertise present in their Colorado Office; and

4. Demonstrated bonding capability up to $5,000,000.00 for an individual project coincidentally with current and anticipated workloads; provide letter from surety that affirms this capacity.

5. Attended and signed in at the Mandatory Pre-Bid Conference

Firms meeting the minimum requirements may obtain the bidding documents on the website accompanying this advertisement.

https://prd.co.cgiadvantage.com/PRDVSS1X1/Advantage4 website

MANDATORY PRE-BID CONFERENCE AND SITE TOUR

A mandatory Pre-Bid Meeting will be held at:

Building Address: 2797 Justice Drive, Grand Junction, CO 81506 Room: Onsite at building Date/Time October 12, 2026 @ 11:00am

SCHEDULE

The following is a tentative schedule of events for the Bid 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.

Advertisement for Bids Issued 10/02/2026 Mandatory Pre-Bid Conference and Site Tour 10/12/2026 at 11:00am Request for Clarifications Due 10/14/2026 Final Addendum Issued (anticipated) 10/16/2026 Bid Submittals Due (date and Time) 10/22/2026 at 9:00am Public Bid Opening 10/22/2026 at 2:00pm Award Intent Notification (anticipated) 10/27/2026 Contracting Contract Approval (anticipated) 11/11/2026 Anticipated Construction Start 11/18/2026 Anticipated Construction Finish 9/1/2028

The above schedule is tentative. Responding firms shall be notified of revisions in a timely manner by email or posted on https://prd.co.cgiadvantage.com/PRDVSS1X1/ Advantage4 website.

OSA-AFB-1 pg. 5

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

*Please refrain from using any note taking software during bid opening.

QUESTIONS, CLARIFICATIONS AND ADDENDA

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

Owner initiated changes to this AFB will be posted in the form of addenda on https://prd.co.cgiadvantage.com/PRDVSS1X1/Advantage4 .

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

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

POINT OF CONTACT/CLARIFICATION

Name: Purchasing Agency: Department of Public Safety Email Address: cdps_edo_bids@state.co.us Phone: N/A

BIDDING

Bid Form (SBP-6.13) Bid Bond (SBP-6.14) Bid Alternates (SBP-6.131) Unit Pricing (SBP-6.133)

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

Bids shall be submitted on the required bid form as indicated on the Information For Bidders document (SBP-6.12) in Appendix A.

An electronic copy of the sealed bid submittal is due 10/22/2026 and shall be received no later than 9:00 AM (ST), and shall be submitted/accepted via Vendor Self Service (VSS) at: https://prd.co.cgiadvantage.com/PRDVSS1X1Advantage4, as described in the Information for Bidders (SBP-6.12).

_____ (__) hard copies of the sealed bid submittal are due [Insert date] and shall be received no later than _______ AM/PM (MD/ST), and shall be submitted/accepted via [Insert submission method], as described in the Information for Bidders (SBP-6.12)

Bid Forms and Appendices to be included with bid submittal:

https://prd.co.cgiadvantage.com/PRDVSS1X1/Advantage4 Michael Moore Cross-Out

OSA-AFB-1 pg. 6

BID OPENING

Opening of the bid submittals will be a virtual public bid opening via Google Meet Meeting platform.

Virtual public bid opening will take place at the date and time identified in Schedule

APPENDICES:

Appendix A: Information for Bidders (SBP-6.12) Appendix B: Bid Form (SBP-6.13) Appendix B1: Bid Alternates (SBP-6.131) (if Applicable) Appendix B2: Unit Pricing (SBP-6.133) (if Applicable) Appendix B3: Bid Bond (SBP-6.14) Appendix C: Sample: Direct Labor Burden Calculation (SBP-6.18) Appendix D: Applicable Prevailing Wage and Apprenticeship and Fringe

Rates Appendix E: Sample: Apprenticeship Utilization Certifications (SBP-2.1) Appendix F: Sample: SC6.21 and SC6.23 Design/Bid/Build Contractor’s

Agreement and General Conditions of the Contract)

SBP-6.12

Rev 7/2025

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

Institution or Agency:Department of Public Safety Project No./Project Name:2026-039M25Replace HVAC Units, Upgrade Lighting Systems, CBI Grand Junction

1. BID FORM: Bidders are required to use the Bid form attached to the solicitation.

2. INCONSISTENCIES AND OMISSIONS: Bidders may request clarification of any seeming inconsistencies, or matters seeming to require explanation, in the bidding documents at least three (3) business days prior to the time set for the opening of Bids. Decisions of major importance on such matters will be issued in the form of addendum.

3. APPLICABLE LAWS AND REGULATIONS: All work under this Contract shall comply with the provisions of all state and local laws, approved state building codes, ordinances and regulations which might in any manner affect the work to be done or those to be employed in or about the work. Labor for work shall be governed by the provisions of Colorado law which are hereinafter set forth in Articles 27 and 52 of the General Conditions. This includes the requirements for apprenticeship and prevailing wage on Public Projects. The bidder should be aware that reporting of embodied carbon emissions of eligible materials shall be governed by the provisions of Colorado State Law. This includes the requirements for Environmental Product Declarations (EPDs) that meet the maximum acceptable Global Warming Potential (GWP) limits as established by the Office of the State Architect.

4. BID SECURITY: A bid security of not less than 5% of the bid price is required when the price is estimated to be $50,000 or more. The security shall be a bond by a surety company, the equivalent in cash, or otherwise supplied in a form

Each bidder is required to bid on all alternates and indicate the time from the date of the Notice to Proceed to Substantial Completion in calendar days. In addition, the bidder is required to indicate the period of time to finally complete the project from Substantial Completion to Final Acceptance, in calendar days.

Bids indicating times for Substantial Completion and Final Acceptance in excess of the number of days indicated in the Advertisement for Bids for completion of the entire Project may be found non-responsive and may be rejected. The bid shall not be modified or conditioned in any manner. Bids and applicable bid security shall be submitted according to the following instructions:

Submit bids through Vendor Self Service (VSS) at https:// prd.co.cgiadvantage.com/PRDVSS1X1/Advantage4. Bids sent by other methods will not be accepted. Files must be titled with the Invitation for Bid (IFB) Number, IFB Title, and Offeror's name as noted below:

Insert IFB number here_ Insert IFB Title here_ Company Name

SBP-6.12

satisfactory for the State. Noncompliance requires the bid to be rejected as nonresponsive.

5. TAXES: The Bid submitted shall exclude all applicable federal excise or manufacturers’ taxes and all state sales and use taxes as hereinafter set forth in Article 9.3 of the GENERAL CONDITIONS.

6. OR EQUAL: The words “OR EQUAL” are applicable to all specifications and drawings relating to materials or equipment specified. Any material or equipment that will fully perform the duties specified, will be considered “equal”, provided the bid submits proof that such material or equipment is of equivalent substance and function and is approved, in writing. Requests for the approval of “or equal” shall be made in writing at least five (5) business days prior to bid opening. During the bidding period, all approvals shall be issued by the Architect/Engineer in the form of addenda at least two (2) business days prior to the bid opening date.

7. ADDENDA: Owner/architect initiated addenda shall not be issued later than two

(2) business days prior to bid opening date. All addenda shall become part of the Contract Documents and receipt must be acknowledged on the Bid form.

8. METHOD OF AWARD - LOWEST RESPONSIBLE BIDDER: If the bidding documents for this project require alternate prices, additive and/or deductible alternates shall be listed on the alternates bid form provided by the Principal Representative.

Bidders should note the Method of Award is applicable to this Bid as stated below.

A. DEDUCTIBLE ALTERNATES: The lowest responsible Bid, taking into account the Colorado resident bidder preference provision of Colorado law, will be determined by, and the contract will be awarded on the base bid combined with deductible alternates, accepted in numerical order as listed in the Bid Alternates Form provided by the Principal Representative. The subtraction of alternates shall result in a sum total within available funds. If this bid exceeds such amount, the right is reserved to reject all bids. An equal number of alternates shall be subtracted from the base bid of each bidder within funds available for purposes of determining the lowest responsible bidder.

B. ADDITIVE ALTERNATES: The lowest responsible Bid, taking into account the Colorado resident bidder preference provision of Colorado law, will be determined by and the contract will be awarded on the base bid combined with additive alternates in numerical order in as listed in the Bid Alternates Form provided by the Principal Representative. The addition of alternates shall result in a sum total within available funds. If this bid exceeds such amount, the right is reserved to reject all bids. An equal number of alternates shall be added to the base bid of each bidder within funds available for purposes of determining the lowest responsible bidder.

C. DEDUCTIBLE AND ADDITIVE ALTERNATES: Additive alternates will not be used if deductible alternates are used and deductible alternates will not be used if additive alternates are used.

9. NOTICE OF CONTRACTOR’S SETTLEMENT – Agencies/institutions must indicate in the initial Solicitation where settlement will be advertised in electronic media.

SBP-2.1 Apprenticeship Certification Rev. 06/2025

State of Colorado Office of the State Architect State Buildings Program

Apprenticeship Utilization Certification (Public Projects of $1 million or more)

Institution/Agency: Department of Public Safety

Project No./Name:

General Contractor:

For each trade listed below attach documentation that all firms identified participate in apprenticeship programs as described in the Certification Statement below.

Trade Subcontractor Union Certification

Mechanical

Sheet Metal

Fire Suppression

Sprinkler Fitting

Plumbing

Electrical

Certification Statement § 24-92-115, C.R.S. (SB 19-196)

The above named General Contractor certifies and agrees as follows:

That all firms identified above participate in apprenticeship programs registered with the

United States Department of Labor’s Employment and Training Administration or state apprenticeship councils recognized by the United States Department of Labor and have a proven record of graduating apprentices at a minimum of fifteen percent of its apprentices for at least three of the past five years. The General Contractor shall supply supporting documentation from the United States Department of Labor’s office of apprenticeship verifying the certification.

The above documentation shall be made publicly available by the contracting agency through its website within thirty (30) days from when it is submitted.

The General Contractor shall agree to provide additional documentation to the contracting agency regarding affected apprenticeship training programs relating to the requirements above. If a contracting agency determines that a subcontractor has willfully

SBP-2.1 Apprenticeship Certification Rev. 06/2025 falsified documentation or willfully misrepresented their qualifications, the agency shall direct the General Contractor to terminate the subcontractor contract immediately and the subcontractor will be immediately removed from the public project. At the discretion of the Director of the Department of Personnel, the State may initiate the process to debar the General Contractor pursuant to § 24-109-105, C.R.S., and may pursue any other remedy provided by law.

CERTIFIED and AGREED to this day of , 20 .

General Contractor:

Full Legal Name

By:

SBP-6.13

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

BID FORM

Institution or Agency: Department of Public Safety

Project No./Project Name:

Bidder Acknowledges Receipt of Addenda Numbers:

(See 3a below for the next 3 items)

Bidder Anticipates Services outside the United States or Colorado:* No Yes

Bidder will comply with 80% Colorado Labor on project above $500,000 No Yes

Bidder is a Service-Disabled Veteran Owned Small Business:* No Yes

Base Bid $

Bidder’s Time of Completion

Time Period from Notice to Proceed to Substantial Completion:

Time Period from Substantial Completion to Final Acceptance:

Total Time of Completion of Entire Project (a + b):

1. BID: Pursuant to the advertisement by the State of Colorado dated the undersigned bidder hereby proposes to furnish all the labor and materials and to perform all the work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the work and for the base bid indicated above. Bidders should include all taxes that are applicable.

2. EXAMINATION OF DOCUMENTS AND SITE: The bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to make certain of the conditions at the site and to gain a clear understanding of the work to be done.

3. PARTIES INTERESTED IN BID: The bidder hereby certifies that the only persons or parties interested in this Bid are those named herein, and that no other bidder or prospective bidder has given any information concerning this Bid.

a. If the bidder anticipates services under the contract or any subcontracts will be performed outside the United States or Colorado, the bidder shall provide in a written statement which must include, but need not be limited to the type of services that will be performed at a location outside the United States or Colorado and the reason why it is necessary or advantageous to go outside the United States or Colorado to perform such services. (Does not apply to any project that receives federal moneys) *

b. For State Public Works projects per 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.

Bidders indicating that their bid proposal will not comply with the 80% Colorado Labor requirement are required to submit written justification along with the bid submission. (Does not apply to any project that receives federal moneys) *

c. A Service-Disabled Veteran Owned Small Business (SDVOSB) per C.R.S. 24-103-211, means a business that is incorporated or organized in Colorado or maintains a place of business or has an office in Colorado and is officially registered and verified by the Center for Veteran Enterprise within the U.S. Department of Veteran Affairs.

Attach proof of certification along with the bid submission. *

d. Projects estimated to be $1 million or more that do not receive federal funds are required to comply with the State Apprenticeship Utilization requirements C.R.S.

24-92-115

e. Projects estimated to be $500,000 or more that do not receive federal funds are required to comply with the State Prevailing Wage requirements C.R.S. 24-92-201 through 210.

4. BID GUARANTEE: This Bid is accompanied by the required Bid Guarantee. Per C.R.S. §24- 105-201 If the construction value is $50,000 or greater a Bid Bond and Power of Attorney or Proposal Guaranty is required in an amount not less than 5% of the total Bid. You are authorized to hold said Bid Guarantee for a period of not more than thirty (30) days after the opening of the Bids for the work above indicated, unless the undersigned bidder is awarded the Contract, within said period, in which event the Office of the State Architect, may retain said Bid Guarantee, until the undersigned bidder has executed the required Agreement and furnished the required Performance Bond, Labor and Material Payment Bond, and Insurance Policy.

5. TIME OF COMPLETION: The bidder agrees to achieve Substantial Completion of the Project from the date of the Notice to Proceed within the number of calendar days entered above, and in addition, further agrees that the period between Substantial Completion and Final Acceptance of the Project will not exceed the number of calendar days noted above. If awarded the Work, the bidder agrees to begin performance within ten (10) days from the date of the Notice to Proceed subject to Article 46, Time of Completion and Liquidated Damages of the General Conditions of the Contract, and agrees to prosecute the Work with due diligence to completion. The bidder represents that Article 7D of the Contractor’s Agreement (SC-6.21) has been reviewed to determine the type and amount of any liquidated damages that may be specified for this contract.

6. EXECUTION OF DOCUMENTS: The bidder understands that if this Bid is accepted, bidder must execute the required Agreement and furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificates of Insurance within ten (10) days from the date of the Notice of Award, and that the bidder will be required to sign to acknowledge and accept the Contract Documents, including the Drawings and Specifications.

7. ALTERNATES: Refer to the Information for Bidders (SC-6.12) for Method of Award for Alternates and use State Form SBP-6.13.1 Bid Alternates form to be submitted with this bid form if alternates are requested by the institution/agency in the solicitation documents.

8. Submit wage rates (direct labor costs) for prime contractor and subcontractor as requested by the institution/agency in the solicitation documents.

9. The right is reserved to waive informalities and to reject any and all Bids.

*Does not apply to projects for Institutions of Higher Education that have opted out of the State Procurement Code.

SIGNATURES: If the Bid is being submitted by a Corporation, the Bid shall be signed by an officer, i.e., President or Vice-President. If a sole proprietorship or a partnership is submitting the Bid, the Bid shall so indicate and be properly signed.

Dated this Day of , 20

THE BIDDER:

By Company Name Address

Phone Number City, State Zip Code

By Name (Print) and Title Signature

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

BID BOND

Institution or Agency: Department of Public Safety

Project No./Project Name:

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, hereinafter called the “PRINCIPAL”, is submitting a PROPOSAL for the above described project, to the STATE OF COLORADO, hereinafter called the “OBLIGEE”.

WHEREAS, the Advertisement for Bids has required as a condition of receiving the Proposals that the Principal submit with the PROPOSAL GUARANTY in an amount not less than five per cent (5%) of the Proposal, which sum it is specifically agreed is to be forfeited as Liquidated Damages in the event that the Principal defaults in his obligation as hereinafter specified, and, in pursuance of which Requirement, this Bid is made, executed and delivered.

NOW THEREFORE, the Principal and a corporation of the State of , duly authorized to transact business in Colorado, as Surety, are held and firmly bound unto the Obligee, in the sum of five per cent (5%) of the Principal’s total bid price, lawful money of the United States for the payment of which sum, well and truly to be made to the Obligee, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

FURTHER THAT, a condition of the obligation that the Principal shall maintain his Proposal in full force and effect for thirty (30) days after the opening of the proposals for the project, or, if the Principal’s Proposal is accepted, the Principal shall, within the prescribed time, execute the required Agreement, furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy, Certificates of Insurance and Certification and Affidavit Regarding Illegal Aliens, then this obligation shall be null and void, otherwise it shall remain in full force and effect, and subject to forfeiture upon demand as Liquidated Damages.

IN WITNESS WHEREOF said Principal and Surety have executed this Bond, this ____ day of ________________________, A.D., 20 .

(Corporate Seal) THE PRINCIPAL

Company Name

ATTEST _________________________________________________

Address

City, State Zip Code

By ________________________________________ _________________________________________________ Name (Print) Signature

Name (Print) and Title

If the “Principal” is doing business as a Corporation, the Bid Bond shall be signed by an officer, i.e., President or Vice President. The signature of the officer shall be attested to by the Secretary and properly sealed.

If the “Principal” is an individual or a partnership, the Bid Bond shall so indicate and be properly signed.

(Corporate Seal) THE SURETY

____________________________________________ By_________________________________________________ Secretary Attorney-in-Fact

THIS BOND MUST BE ACCOMPANIED BY POWER OF ATTORNEY, EFFECTIVELY DATED.

FAILURE TO PROVIDE A PROPERLY EXECUTED BID BOND WITH A PROPERLY EXECUTED POWER

OF ATTORNEY WILL RESULT IN THE BIDDER’S PROPOSAL BEING DEEMED NON-RESPONSIVE.

SBP-6.15

07/2025

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

NOTICE OF AWARD

(DESIGN/BID/BUILD AND DESIGN/BUILD LUMP SUM AGREEMENTS)

Date of Notice:

Institution or Agency: Department of Public Safety Project No./Project Name:

TO: [Legal name and Address of Contractor]

The State of Colorado, represented by the undersigned, has considered the Proposals submitted for the above described work.

Your Proposal, deemed to be in the best interest of the State of Colorado, in the amount of DOLLARS AND NO/100* ($ *) is hereby accepted, pending final execution of the Agreement.

You are required to execute the approved Agreement and to furnish the Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificates of Insurance, [Apprenticeship Utilization Certification(s) (if applicable)] and Labor Overhead (Direct Labor Burdens) for Work performed by Contractor and major Subcontractors within ten (10) days from the date of this Notice.

If you fail to execute said Agreement and to furnish said Performance Bond, Labor and Material Payment Bond, Insurance Policy, Certificates of Insurance, and Labor Overhead (Direct Labor Burdens) as described above within ten (10) days from the date of this Notice, the State Controller is entitled to retain the amount of the Proposal Guaranty submitted with your Proposal as Liquidated Damages. In this event, the right is reserved to consider all of your rights arising out of the acceptance of your Proposal as abandoned and to award the work covered by your Proposal to another, or to re-advertise the Project, or otherwise dispose thereof.

By: ________________________________________ By: ________________________________________ State Buildings Program Date Principal Representative Date Michael Moore, CDPS Project Manager / Stan Hilkey, CDPS Director (or Partial OSA Delegate Authorized Delegate)

SBP-6.15

07/2025

SC-5.2

Rev. 07/2025

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S AGREEMENT

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

(STATE FORM SC-6.21)

State Agency Insert Department or IHE’s Full Legal Name Department I.D.

Insert Department identification Contract I.D. Number Insert CMS number or other contract number Project Number Insert OSC Project Number Project Name Insert Project as as provided by the State Controller's Office Contractor Name Insert Contractor's full Legal Name including "Inc.", "LLC" etc.

Principal Representatives For the State:

Name Department Name Address Line 1 Address Line 2 City, State ZIP Email

For Contractor:

Name Company Name Address Line 1 Address Line 2 City, State ZIP Email

ATTACHMENT 1: The General Conditions of the Contractor’s Design/Bid/Build (D/B/B) Agreement (SC-6.23)

SC-6.21

Rev. 02/2025 TOC

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.21)

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

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

SIGNATURE PAGE ........................................................................ Error! Bookmark not defined.

RECITALS:

1 ARTICLE 1 PERFORMANCE OF THE WORK

2 ARTICLE 2 PROVISIONS OF THE CONTRACT DOCUMENTS

3 ARTICLE 3 TIME OF COMPLETION

4 ARTICLE 4 ESSENTIAL CONDITION

5 ARTICLE 5 CONTRACT SUM

5.1 CONDITION PRECEDENT

6 ARTICLE 6 CONTRACT DOCUMENTS

6.1 CAPITALIZED TERMS

7 ARTICLE 7 OPTIONAL PROVISIONS AND ELECTIONS

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

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

7.3 MODIFICATION 1 OF ARTICLE 27: Labor and Wages

7.4 MODIFICATION 2 OF ARTICLE 27: Labor and Wages

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

7.6 MODIFICATION OF ARTICLE 45: Guarantee Inspections After Completion

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

8 ARTICLE 8 NOTICE IDENTIFICATION

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

EXHIBIT G: APPLICABLE PREVAILING WAGE DETERMINATIONS AND APPRENTICESHIP

CONTRIBUTION RATES ..................................................................................................... B

SC-5.2

Rev. 07/2025

EXHIBIT H: APPRENTICESHIP UTILIZATION CERTIFICATIONS ................................................ C

SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS

Rev. 07/2025 1

SIGNATURE PAGE

THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT

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

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

Project Number/Name: Insert OSC Project Number followed by Project Name Contract ID No.: Insert CMS Number & Encumbrance Number

CONTRACTOR

INSERT: Legal Name of Contractor

By: Name & Title of Person Signing for Contractor

Date: __________________

STATE OF COLORADO

Jared S. Polis, Governor

INSERT: Name of Agency or IHE INSERT: Name & Title of Head of Agency or

IHE

By: Name & Title of Person Signing for Agency or

IHE

Date: __________________

OFFICE OF THE STATE ARCHITECT

State Buildings Program

By: Name & Title of Person Signing for State Buildings

Date: __________________

LEGAL REVIEW

Philip J. Weiser, Attorney General

By: Assistant Attorney General

Date: __________________

STATE CONTROLLER

Robert Jaros, CPA, MBA, JD

By: Name of Agency or IHE Delegate Effective Date: __________________

Commented [SBP1]: Note to Drafter: The SC5.1 template has been waived from a Risk Assessment and legal review so long as the document is not edited beyond the fillable fields.

Commented [SBP2]: Note to Drafters: If this contract is for a University that is outside State Fiscal Rule, insert the name of your organization here

Rev. 02/2025 2

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

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

(STATE FORM SC-6.21)

Department ID: Insert Dept. Code Contract ID #: Insert Contract ID Project #:Insert Project #

1. PARTIES. THIS AGREEMENT is entered into by and between the STATE OF COLORADO, acting by and through the Insert Department's or IHE's Full Legal Name hereinafter referred to as the State or Principal Representative, and Insert Contractor's full Legal Name including "Inc.", "LLC" etc.

having its offices at Street address, City, State and Zip Code hereinafter referred to as the Contractor.

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

RECITALS:

WHEREAS, the Principal Representative intends to engage the services of a Contractor for the Insert Project Name as provided by the State Controller's Office hereinafter called the Project;

and

WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment.

WHEREAS, the State has Appropriated and the Principal Representative has been authorized to expend the total sum of Insert Dollar Value in Written Words Dollars ($ ) for this project including all professional services, construction/improvements, project contingencies, furnishings, movable equipment, reimbursable expenses and miscellaneous expenses; and

(WHEREAS, funds are available for only a portion of the services defined herein, as more fully described in the funding Condition Precedent clause in Article 5.1; and)

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

Commented [TL3]: Note to Drafter: Do not include scope of work here. This is only the Project Name.

Commented [SBP4]: Note to Drafters: If the Condition Precedent clause is to be used REMOVE the parenthesis and the italics.

If not accepting the Condition Precedent strike out the language – DO NOT DELETE

Rev. 02/2025 3

1 ARTICLE 1 PERFORMANCE OF THE WORK

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

2 ARTICLE 2 PROVISIONS OF THE CONTRACT DOCUMENTS

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

3 ARTICLE 3 TIME OF COMPLETION

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

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

4 ARTICLE 4 ESSENTIAL CONDITION

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

5 ARTICLE 5 CONTRACT SUM

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

WORDS DOLLARS AND NO/100 ($ ).

Name of Document Short Description of Work/Date Dollar Amount Base Bid Amount Base Bid Alt. # Alt. #

Total Contract Sum -$

5.1 CONDITION PRECEDENT

Commented [SBP5]: Note to Drafters: This table is an embedded Excel spreadsheet. Double click on the table to edit in Excel.

Delete the table if there were no alternates accepted.

Rev. 02/2025 4

(At the time of the execution of this Agreement, there are sufficient funds budgeted and appropriated to compensate the Contractor only for performance of the services through and including Insert the project phases that have been fully funded Therefore, it shall be a Condition Precedent to the Contractor’s performance of the remaining services and the State's liability to pay for such performance, sufficient funding must be appropriated and made available to the Principal Representative for the Project prior to and, as a further Condition Precedent, a written Amendment is entered into in accordance with the State of Colorado Fiscal Rules, stating that additional funds are lawfully available for the project. If either Condition Precedent is not satisfied by , the Contractor’s obligation to perform services for Insert the scope pf work or phases that will be completed in the future and the State's obligation to pay for such service is discharged without liability to each other. If funding is eventually made available after , the Contractor has no right to perform services under of this Agreement and the state has no right to require the Architect/Engineer to perform the said services.)

6 ARTICLE 6 CONTRACT DOCUMENTS

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

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

6.1 CAPITALIZED TERMS

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

7 ARTICLE 7 OPTIONAL PROVISIONS AND ELECTIONS

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

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

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

☒ ______ Principal Representative initial

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

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

☐ ______ Principal Representative initial

7.3 MODIFICATION 1 OF ARTICLE 27: Labor and Wages

Commented [TL6]: Note to Drafter: This is usually PROJECT PHASES not Design Phases

Commented [SBP7]: Note to Drafter: Insert the latest date that the funds will be released and the Architect/Engineer is willing to hold their fee.

Commented [SBP9]: Note to Drafter: Insert the latest date that the funds will be released and the Architect/Engineer is willing to hold their fee.

Commented [SBP8]: Note to Drafter: Insert the last date the architect is willing to hold their fee.

Commented [SBP11]: Note to Drafter: Insert the latest date that the funds will be released and the Architect/Engineer is willing to hold their fee.

Commented [SBP10]: Note to Drafter: Insert the last date the architect is willing to hold their fee.

Commented [12]: Note to Drafter: Apprenticeship utilization is required if Construction value is $1 million or more and not federally funded

Commented [13]: Note to Drafter: Double-click on the box to bring up Check Box Form Field window and select “Checked”

Commented [14]: Note to Drafter: The Buy Clean Colorado Act applies to all projects with a construction value of $500,000 or more

Commented [15]: Note to Drafter: Federal Davis-Bacon Act might be applicable if federally funded. Confirm with the funding documentation.

Rev. 02/2025 5

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

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

☐ ______ Principal Representative initial

7.4 MODIFICATION 2 OF ARTICLE 27: Labor and Wages

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

☐ ______ Principal Representative initial

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

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

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

☒ ______ Principal Representative initial

7.6 MODIFICATION OF ARTICLE 45: Guarantee Inspections After Completion

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

☐ ______ Principal Representative initial

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

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

7.7.1 Inability To Use The Project

For the inability to use the Project, for each day after the number of calendar days specified in the Contractor’s bid for the Project and the Agreement for achievement of Substantial Completion, until the day that the Project has achieved Substantial Completion and the Notice of Substantial Completion is issued, the Contractor agrees that an amount equal Insert dollar value in words Dollars ($ ). shall be assessed against Contractor from amounts due and payable to the Contractor under the Contract, or the Contractor and the Contractor’s Surety shall pay to the Principal Representative such sum

Commented [16]: Note to Drafter: Double-click on the box to bring up Check Box Form Field window and select “Checked”

Commented [17]: Note to drafter: State prevailing wage is required if the construction value is $500,000 or more and not federally funded.

Commented [18]: Note to Drafter: Double-click on the box to bring up Check Box Form Field window and select “Checked”

Commented [19]: Note to Drafter: Double-click on the box to bring up Check Box Form Field window and select “Checked”

Commented [20]: Note to Drafter: Double-click on the box to bring up Check Box Form Field window and select “Checked”

Commented [SBP21]: Note to drafter: If liquidated damages are not applicable Note “Not Applicable” in this field.

Rev. 02/2025 6 for any deficiency, if amounts on account thereof are deducted from remaining amounts due, but amounts remaining are insufficient to cover the entire assessment.

7.7.2 Damages Related to Extended Closeout

For damages related to or arising from additional administrative, technical, supervisory and professional expenses related to and arising from the extended closeout period, for each day in excess of the number of calendar days specified in the Contractor’s bid for the Project and the Agreement to finally complete the Project as defined by the issuance of the Notice of Final Acceptance (after the issuance of the final Notice of Substantial Completion), the Contractor agrees that an amount equal to Insert dollar value in words Dollars ($ ). shall be assessed against Contractor from amounts due and payable to the Contractor under the Contract, or the Contractor and the Contractor’s Surety shall pay to the Principal Representative such sum for any deficiency, if amounts on account thereof are deducted from remaining amounts due but amounts remaining are insufficient to cover the entire assessment.

8 ARTICLE 8 NOTICE IDENTIFICATION

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

NOTICE TO PRINCIPAL REPRESENTATIVE:

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

With copies to State Buildings Program (or Delegate) Insert Name of Individual acting on OSA/SBP behalf Insert Street Address City, State Zip Code Insert email address

NOTICE TO CONTRACTOR:

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

Commented [22]: Note to drafter: If liquidated damages are not applicable Note “Not Applicable” in this field.

SC-5.3

Rev. 07/2025 Ex A

STATE OF COLORADO

STATE BUILDINGS PROGRAM

CON…