CMU 2846 Athletic Complex_Combined RFQ AE_Appendix.pdf

RFQ-AE pg. 1

REV 7/2025

REQUEST FOR

QUALIFICATIONS

ARCHITECTURAL / ENGINEERING /

CONSULTING SERVICES

State of Colorado Colorado Mesa University

Notice Number: CMU 2846 Project Number: 9001-25-1

Project Title: CMU 2846 Athletic Complex Estimated Project Cost: _$7,000,000.00____________________________________________

Table of Contents

I. NOTICES

II. PROJECT OVERVIEW

III. MINIMUM REQUIREMENTS

IV. NON-MANDATORY PRE-SUBMITTAL CONFERENCE AND SITE TOUR

V. SCHEDULE

VI. QUESTIONS, CLARIFICATIONS AND ADDENDA

VII. POINT OF CONTACT/CLARIFICATION

VIII. SUBMITTALS OF QUALIFICATIONS

IX. METHOD OF SELECTION AND AWARD

A. Short List

B. Oral Interview

X. EVALUATION OF QUALIFICATIONS

A. PREQUALIFICATION SUBMITTAL CRITERIA

1. PROJECT TEAM

2. FIRM/TEAM CAPABILITIES

3. PRIOR EXPERIENCE

4. PROJECT APPROACH

5. EQUITY, DIVERSITY AND INCLUSION

6. WORK LOCATION

XI. ORAL INTERVIEWS EVALUATION CRITERIA

1. PROJECT TEAM

2. TEAM CAPABILITIES

RFQ-AE pg. 2

REV 7/2025

3. PRIOR EXPERIENCE

4. PROJECT APPROACH

5. EQUITY DIVERSITY & INCLUSION

6. WORK LOCATION

Appendix A: Evaluation Forms

Appendix B: Architect/Engineer/Consultant Contract (Standard or CM/GC Format) ... 12

Appendix C:

Appendix D: Site Plan etc

RFQ-AE

Rev 07/2025

I. NOTICES

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

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

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

b. Late submittals shall not be evaluated.

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

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

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

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

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

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

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

II. PROJECT OVERVIEW

Colorado Mesa University is a public institution in Grand Junction, Colorado serving nearly 11,000 students. Over 800 of these students are NCAA Division II student-athletes competing in 26 different sports, including Football. Currently, the CMU varsity football team plays all home games at the City of Grand Junction’s Stocker Stadium in the Lincoln Park Stadium Complex.

The State of Colorado, Colorado Mesa University (CMU), is soliciting proposals from qualified Architects for the Athletic Complex project. This project proposes construction of ±14,000, two-story Athletic Complex complete with a locker room equipped with 126 lockers, restroom, showers, sports medicine and separate exam rooms, multiple break out rooms separate team meeting rooms, coaches offices and separate locker room, separate officials locker room and restroom, all on the first floor, with a panoramic viewing platform complete with pre function space, a catering kitchen, public restroom and exterior seating on the second floor.

The project site is located at the South end of Stocker Stadium. The new structure will replace an existing building on the site.

The new Athletic Complex will be completed at the same time the City of Grand Junction is moving forward with plans to modify the main south entrance into the stadium to enhance circulation safety, provide a new ticket booth and attached gift shop and revise open air stadium entrance.

The Fixed Limit of Construction Cost for the project is $7,000,000.00. The successful firm hired to design this exciting new project shall be prepared to begin design work the first week of November with a foundations and site work bid package ready for bidding and construction on or before May 1, 2026. Demolition of the existing structure will begin as early as March 2026, with the pouring of new foundation to follow around the first week of May 2026. Final completion of the project will be on or before July 1, 2027. The final design and construction schedule for the project will be developed with the AE team, CM/GC and Colorado Mesa University.

Colorado Mesa University 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 Colorado Mesa University. 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. Upon completion of the evaluation of the Submittals, a limited number of firms will be invited to the oral interviews.

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 $ 10,000,000 (hard costs), utilizing the expertise present in their Colorado Office; and

4. 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. NON-MANDATORY PRE-SUBMITTAL CONFERENCE AND SITE TOUR

To ensure sufficient information is available to firms preparing submittals, a non-mandatory pre-submittal conference has been scheduled. The intent of this conference is to tour the site and to have Colorado Mesa University staff able to discuss the project.

A non-mandatory Pre-Submission Meeting will be held at:

Building Address: University Center, 1455 N. 12th St, GJ., CO 81501

Room: UC 221

Date/Time 10/13/25 – 11:30AM MST

Day of Schedule 11:30-12:00pm MST Meeting, 12-1:00PM MST Site tour

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 9/26/2025

Non-Mandatory Pre-Submittal Conference and Tour 10/13/25 at 11:30AM MST

Request for Clarifications Due 10/14/25 at 9:00AM MST

Final Addendum Issued (anticipated) 10/15/25

Submittals Due (Prequalification: Step I) 10/20/25 at 9:00AM MST

Interview Short List Announced 10/22/25

Oral Interviews Week of 10/27/25

Selection Announced 10/31/25

Negotiation of Contract 11/3/25 Anticipated Design Start 11/10/25

Anticipated Construction Start/Finish 4/1/26 – 7/1/27

The above schedule is tentative. Responding firms shall be notified of revisions in a timely manner by postings on the Rocky Mountain E-Purchasing System (RMEPS) website, https://www.rockymountainbidsystem.com. 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 the Rocky Mountain E-Purchasing System (RMEPS) website, https://www.rockymountainbidsystem.com.

Questions and requests for clarifications regarding this project shall be submitted before the deadline listed in the above Schedule via the Rocky Mountain E-Purchasing System (RMEPS) website at: https://www.rockymountainbidsystem.com.

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

VII. POINT OF CONTACT/CLARIFICATION

Name: Breanne Meier

Agency: Colorado Mesa University

Email Address: bmeier@coloradomesa.edu

Phone: 970-248-1417

VIII. SUBMITTALS OF QUALIFICATIONS

1. This RFQ document, it’s 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 6) in Appendix A. A two-page cover letter addressed to Colorado Mesa University, Bree Meier 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 https://www.rockymountainbidsystem.com/ https://www.rockymountainbidsystem.com/ https://www.rockymountainbidsystem.com/ submittal is to be no more than fifty (50), 8 ½’ x 11” size pages in portrait format, and no less than size 12pt font.) No physical submittals.

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 October 20, 2025 and shall be received no later than 9:00 AM MST. 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 Colorado Mesa University and all short-listed firms will be notified in advance. At the option of the State, a visit to the short-listed firm(s) managing home office and/or representative field office may be required.

C. Method of Selection and Award

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

E. After selection and award all submittals, qualifications and ranking documents will be made available to the public on the agency or institutions solicitation platform.

X. EVALUATION OF QUALIFICATIONS

A. PREQUALIFICATION SUBMITTAL CRITERIA

Firms will be judged not only on their past experience for 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 work load.

3. PRIOR EXPERIENCE

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

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

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

• References.

4. PROJECT APPROACH

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

• Budget Methodology / Cost Control

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

b. Control consultant contract costs.

c. Coordinate value engineering activities.

d. Budget Considerations

• Quality Control Methodology

a. Insure State procedures are followed

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

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

d. Insure the project is designed for durability and maintainability

• Schedule

a. Manage the required work to meet the established schedule

5. EQUITY, DIVERSITY AND INCLUSION

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

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

6. WORK LOCATION

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

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

b. Firm's familiarity with the project area.

c. Knowledge of the local labor and material markets.

XI. ORAL INTERVIEWS EVALUATION CRITERIA

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

It is anticipated that oral interviews will be conducted during the week of [insert date].

Interviews will be conducted at: [insert address]. The time for interviews is to be determined. Key personnel from the firm and major consultants who will be directly involved with the project should attend the interview. The interview panel will, in particular, be interested in knowing about the specific project approach proposed and in meeting the individuals who will act as the primary contacts with Colorado Mesa University.

1. PROJECT TEAM

2. TEAM CAPABILITIES

3. PRIOR EXPERIENCE

4. PROJECT APPROACH

5. EQUITY DIVERSITY & INCLUSION

6. WORK LOCATION

Appendix A: Evaluation Forms

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

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

Appendix C:

ACKNOWLEDGEMENT AND ATTESTATION FORM

By responding to this RFQ, the respondent(s) certify that they have reviewed the Agreement and its Exhibits contained herein, and is familiar with their terms and conditions and finds them expressly workable without change or modification.

We certify and declare that the foregoing is true and correct.

Subscribed on _______________________________ at _________________________, Date City

___________________________, State of _____________________________________.

County State

Corporate Officer Signature Date

Secretary Date

Note: Use full corporate name and attach corporate seal here.

Offeror Acknowledges Receipt of Addendum No. ____, ____, ____, ____ (Addenda MUST be acknowledged)

(SEAL)

Appendix D: Site Plan

RFQ1-App-A

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

APPENDIX A1: PREQUALIFICATION SUBMITTAL

EVALUATION FORM

Name of Firm:____________________________________________________________________ Name of Project: _CMU 2846 Athletic Complex_______________________________________ Evaluator No:_______________________________________ Date:______________________________________________

RFQ REFERENCE MINIMUM REQUIREMENTS Y ____ N ____

If the minimum requirements (including letter from surety) have not been met, specify the reason(s):

Acknowledgment and Attestation included: Y ____ N ____

INSTRUCTIONS:

1. Criteria: Agencies/Institutions are encouraged to include additional criteria that reflect unique characteristics of the project under each category to help determine the submitter’s overall qualifications.

2. Weights: Agency/Institutions to assign weights, using whole numbers, to all criteria on evaluation forms for inclusion into RFQ document and prior to evaluations.

3. Ratings: Evaluator to assess the strength of each firms qualifications and assign a numerical rating of 1 to 5 using whole numbers

4. Rating: 0 = Not provided, 1 = Unacceptable, 2 = Poor, 3 = Fair, 4 = Good, 5 = Excellent

5. Total Score: Includes the sum of all criteria.

1. PROJECT TEAM Weight X Rating = Score Qualifications and Relevant individual experience 3 x =

Unique knowledge of key team members 3 X =

Experience on projects as a team 3 X =

Key staff involvement in project management and on-site presence

X

Time commitment of key staff 4 X =

Qualifications and relevant subconsultant experience 3 X =

2. FIRM/TEAM CAPABILITIES Weight X Rating = Score

Are the lines of authority and coordination clearly defined? 4 X =

Are essential management functions identified? 4 X =

Are the functions effectively integrated? (e.g., subconsultants’ role delineated)? 4 X =

Current and projected work load. 3 X =

3. PRIOR EXPERIENCE Weight X Rating = Score Experience of key staff and firm with projects of similar scope and complexity 10 X =

Demonstrated success on past projects of similar scope and complexity

X

References 10 X =

4. PROJECT APPROACH Weight X Rating = Score Budget Methodology / Cost Control 8 X =

Quality Control Methodology 9 X =

Schedule 8 X =

5. EQUITY, DIVERSIY AND INCLUSION Weight X Rating = Score Incentives and promotion of diverse individuals 3 X =

Partnering with SDVOSB or other disadvantaged businesses 2 X =

6. WORK LOCATION Weight X Rating = Score Location of prime and subconsultants 1 X =

Familiarity with project area 2 X =

Knowledge of local labor and material markets 2 X =

Total Score: _________

APPENDIX A2: ORAL INTERVIEW EVALUATION FORM

INSTRUCTIONS/EXAMPLE:

1. Criteria: Agencies/Institutions are encouraged to include additional criteria that reflect unique characteristics of the project under each category to help determine the submitter’s overall qualifications.

2. Weights: Agency/Institutions to assign weights, using whole numbers, to all criteria on evaluation forms for inclusion into RFQ document and prior to evaluations.

3. Ratings: Evaluator to assess the strength of each firms qualifications and assign a numerical rating of 0 to 5 with 5 being the highest rating. (Use whole numbers), 0 is missing information.

4. Total Score: Includes the sum of all criteria. Note: a passing score (as a percentage of the total points available) is optional and should be assigned by the agency/institution prior to evaluation.

CRITERIA Weight X Rating = Score

1. PROJECT TEAM

20% x =

2. FIRM/TEAM CAPABILITIES

15%

3. PRIOR EXPERIENCE

30%

4. PROJECT APPROACH

25%

5. EQUITY DIVERSITY AND INCLUSION

5%

6. WORK LOCATION

5%

TOTAL SCORE

APPENDIX A3: PREQUALIFICATION AND ORAL

INTERVIEW RANKING MATRIX

QUALIFICATION BASED SELECTION

(Use this form to rank and determine the most qualified architectural/engineering/consulting services firm for both the preliminary and interview evaluations.)

FIRM NAME

QUALIFICATIONS

QUALS

SCORE

RANK

EVAL

#1

EVAL

#2

EVAL

#3

EVAL

#4

EVAL

#5

EVAL

#6

SC-5.1

Rev. 07/2025

STATE OF COLORADO

ARCHITECT/ENGINEER AGREEMENT

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

(STATE FORM SC-5.1)

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

Consultant Name Insert Consultant'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: Architect/Engineer Agreement Terms and Conditions, SC-5.1TC

Rev. 07/2025 TOC

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

(STATE FORM SC-5.1)

TABLE OF CONTENTS (partial) ............................................................ Page (TABLE OF CONTENTS for entire agreement located in Attachment 1 – Architect/Engineer Agreement Terms and Conditions, SC-5.1TC)

RECITALS:

1 ARTICLE 1 BASIC SERVICES OF ARCHITECT/ENGINEER

1.1 THE SERVICES

1.1.1 Professional Services

1.1.2 Buy Clean Colorado

1.2 DEVELOPMENT OF THE PROJECT

1.2.5.6 Bidding Phase

1.2.7 Post Construction Phase

2 ARTICLE 2 REIMBURSABLE EXPENSE

2.1 REIMBURSEMENT

2.1.1 Basic and Additional Services

2.1.2 Items for Reimbursement

3 ARTICLE 3 BASIS OF COMPENSATION

3.1 PAYMENT

3.1.1 The Total Compensation

3.1.2 Monthly Payments

3.5 CONDITION PRECEDENT

12 ARTICLE 12 MISCELLANEOUS PROVISIONS

12.26 DESIGNATED REPRESENTATIVES

EXHIBIT A: ARCHITECT/ENGINEER PROPOSAL .............................................. A

EXHIBIT B: WAGE RATES SCHEDULE ......................................................... B

EXHIBIT C: BUILDING CODE COMPLIANCE POLICY ......................................... C

EXHIBIT D: ADDITIONAL DESIGN REQUIREMENTS/ PROGRAM PLAN/SUSTAINABILITY

GOALS .............................................................................................. D

SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS

Rev. 08/2025 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 Colorado Mesa University per the Fiscal Rules of the individual Institution of Higher Education

Project Number/Name: 9001-25-1 CMU 2846 Athletic Complex Contract ID No.: Insert CMS Number & Encumbrance Number

CONSULTANT

INSERT: Legal Name of Consultant

By: Name & Title of Person Signing for Consultant

Date: __________________

STATE OF COLORADO

Jared S. Polis, Governor

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

By: Name & Title of Person Signing for Agency or

IHE

Date: __________________

State Buildings Program

By: Name & Title of Person Signing for State Buildings

Date: __________________

STATE CONTROLLER

Robert Jaros, CPA, MBA, JD

By: Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval

Effective Date: __________________

Rev. 08/2025 1

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

(STATE FORM SC-5.1)

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

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 Architect/Engineer.

EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Agreement shall not be effective or enforceable until it is approved and signed by the State Controller or its designee (hereinafter called the “Effective Date”), but shall be effective and enforceable thereafter in accordance with its provisions. The State shall not be bound by any provision of this Contract before the Effective Date, and shall have no obligation to pay Architect/Engineer for any Work performed or expense incurred before the Effective Date.

RECITALS:

WHEREAS, the Principal Representative intends to procure 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 In Fund Number Insert Fund Number Here, Account Number Insert

Account Number here; and

WHEREAS, the State has Appropriated and the Principal Representative has been authorized to expend the total sum of Insert dollar value written in 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 3.5)

WHEREAS, the Principal Representative has established the Fixed Limit of Construction Cost in the amount of Insert dollar value written in words Dollars ($ ) and

Rev. 08/2025 2

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

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

NOW, THEREFORE,

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

1 ARTICLE 1 BASIC SERVICES OF ARCHITECT/ENGINEER

1.1 THE SERVICES

1.1.1 Professional Services

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

1.1.2 Buy Clean Colorado

If the box below is marked, this Project meets the definition of Public Project and must comply with the requirements of the Buy Clean Colorado Act, §24-92- 117, C.R.S. (BCCO), and the Buy Clean Colorado Act Policy established by the State’s Office of State Architect (OSA). Refer to Exhibit C: State Development Requirements of the Code Compliance Policy.

☐ ______ Principal Representative initial

1.1.2.1 The Architect/Engineer shall specify an Environmental Product Declaration (EPD) for each eligible material (specified below) within the project specifications included in the bid documents. When specifying materials, the Architect/Engineer shall prioritize products with EPDs for the design. The Architect/Engineer will verify EPD compliance using the BCCO EPD Submittal form (EE-5.2). The Architect/Engineer must verify that the specified EPDs contain global warming potential (GWP) values that are less than or equal to the maximum GWP limits established by OSA.

Rev. 08/2025 3

During the submittal process the Architect/Engineer shall work with the Contractor to ensure that eligible materials are obtainable and can be installed.

If an eligible material with a compliant EPD is unobtainable, a waiver process defined by OSA shall be utilized.

1.1.2.2 “Eligible materials” or “material categories” means materials used in the construction of a Public Project, including:

a) Asphalt and asphalt mixtures

b) Cement and concrete mixtures

c) Glass

d) Post-tension steel

e) Reinforcing steel

f) Structural steel

g) Wood structural elements

1.2 DEVELOPMENT OF THE PROJECT

1.2.5.6 Bidding Phase

The Architect/Engineer shall furnish copies of the Construction Documents as follows, subject to limitations hereinafter set forth:

a) For Bidding Documents: ( ) electronic sets to enable distribution among prime contractors and subcontractors in accordance with the advertisement for bids.

b) For Contract Documents: The Principal Representative will require up to ( ) electronic sets. The Contract Documents bearing the seal and the signature of the Architect/Engineer and the appropriate responsible professional Engineering Consultants are to be signed by the Contractor and the Principal Representative at the Contractor's contract signing conference.

The Architect/Engineer acknowledges that prior to the contract signing conference and State Buildings Program authorizing the Notice to Proceed State Form SBP-6.26, a Letter of Compliance must be obtained from the State’s Code Review Agent verifying that the contract Documents and all addenda, value engineering recommendations and all other changes to the bidding documents are in compliance with the applicable codes as adopted by State Buildings Program as indicated in Exhibit C.

c) For Construction: Each prime contractor shall be furnished with ( ) electronic sets or partial sets of the Contract Documents to enable prompt prosecution of the work.

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

1.2.7 Post Construction Phase

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

Rev. 08/2025 4

2 ARTICLE 2 REIMBURSABLE EXPENSE

2.1 REIMBURSEMENT

2.1.1 Basic and Additional Services

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

2.1.2 Items for Reimbursement

The Architect/Engineer shall be reimbursed for:

a) In accordance with the provisions of paragraph 1.2.5.6 (d) of this Agreement, for all copies over ( ) of the Construction Documents which are provided for the project.

b) The costs of all items furnished by the Architect/Engineer in accordance with paragraphs 5.1.1 (d) and (e) of the Architect/Engineer Agreement Terms and Conditions Design/Bid/Build (SC-5.1TC) as requested by the Principal Representative.

c) Fees of special consultants if their employment is authorized in advance by the Principal Representative for other than the required architectural, structural, mechanical, electrical and civil engineering services;

landscaping, if any; space planning/interior layout; and any other services included in this Agreement.

d) Expense of data processing and photographic production techniques when used in connection with Additional Services.

e) Expense of long distance telecommunication related to the performance of Basic Services.

f) Expense of renderings, models and mock-ups requested by the Principal Representative other than those described in the designated services.

g) Expense of mail, deliveries, mileage for local travel other than that necessary for the performance of Basic Services, and expense travel for consultants per Article 1 Basic Services of Architect/Engineer.

Reimbursement of travel expenses is to be based on reasonable and necessary travel costs within the limits of State/Federal per diem rates as published in the travel section of the State Controller’s Fiscal Rules, Meal and Incidental Per Diem Rates, Appendix A1.

h) Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Principal Representative

Rev. 08/2025 5 in excess of that required in Article 8 as set forth in the Terms and Conditions (SC-5.1TC).

i) Other expenses as approved in writing by the Principal Representative and State Buildings Program.

3 ARTICLE 3 BASIS OF COMPENSATION

3.1 PAYMENT

3.1.1 The Total Compensation

The total compensation for Basic Services fees (B through F), including a not-to-exceed price for Reimbursable Expenses and, if applicable, Pre-Design and Post Construction Services fees (A and/or G), shall be allocated as follows:

A. Pre-Design Phase (If Applicable) $_____________ B. Schematic Design Phase $_____________ C. Design Development Phase $_____________ D. Construction Documents Phase $_____________ E. Bidding Phase $_____________ F. Contract Administration Phase $_____________ G. Post Construction Phase $_____________ H. Reimbursable Expenses (not to exceed) $_____________

TOTAL COMPENSATION $_____________

3.1.2 Monthly Payments

Payments to the Architect/Engineer shall be made monthly based upon Architect/Engineer's performance and progress, through a properly executed Application for Payment (SBP-7.1). Payments shall be due per § 24-30-202(24) (correct notice of amount due), within forty-five (45) days of receipt by the Principal Representative of the Applications for Payment.

3.5 CONDITION PRECEDENT

(At the time of the execution of this Agreement, there are sufficient funds budgeted and appropriated to compensate the Architect/Engineer only for performance of the services through and including Insert the phases that have been fully funded Therefore, it shall be a Condition Precedent to the Architect/Engineer's performance of the remaining services specified in Insert the parts of Article 1.2 that describes the services not fully funded_and the State's liability to pay for such performance, sufficient funding must be appropriated and made available to the Principal Representative for the Project prior to and, as a further Condition Precedent, a written Amendment is entered into in accordance with the State of Colorado Fiscal Rules, stating that additional funds are lawfully available for the project. If either Condition Precedent is not satisfied by , the Architect/Engineer's obligation to perform services for Insert the scope pf work or phases that will be completed as part of the Condition Precedent and the State's obligation to pay for such service is discharged without liability to each other. If funding is eventually made available after , the Architect/Engineer has no

Rev. 08/2025 6 right to perform services under Insert the parts of Article 1.2 that describes the services not fully funded of this Agreement and the state has no right to require the Architect/Engineer to perform the said services.)

12 ARTICLE 12 MISCELLANEOUS PROVISIONS

12.26 DESIGNATED REPRESENTATIVES

The Principal Representative and the Architect/Engineer authorize the individuals noted on the cover page to act on their behalf as Designated Representatives and points of contact as described in paragraphs 1.1.4 and 5.1.1(b):

Rev. 07/2025 Ex A

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

EXHIBIT A: ARCHITECT/ENGINEER PROPOSAL

ARCHITECT/ENGINEER PROPOSAL

(Including Design Services Schedule and Certificates of Insurance, attached)

Rev. 07/2025 Ex B

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

EXHIBIT B: WAGE RATES SCHEDULE

WAGE RATES SCHEDULE

(Attached)

Rev. 07/2025 Ex C

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT

DESIGN/BID/BUILD

EXHIBIT C: BUILDING CODE COMPLIANCE POLICY

APPROVED STATE BUILDING CODES

BUILDING CODE COMPLIANCE POLICY: COORDINATION OF APPROVED BUILDING CODES,

PLAN REVIEWS, BUILDING INSPECTIONS AND STATE DEVELOPMENT REQUIREMENTS

Refer to the Office of the State Architect’s Building Codes Webpage for the Building Code Compliance Policy (Rev. July 2025)

Exhibit A: Approved Building Codes of the Code Compliance Policy dated July 2025 including the Amendments to the International Building Code and Code Compliance Plan Review Procedures (Rev. July 2025);

Exhibit B: Plan Review Procedures of the Code Compliance Policy dated July 2025

Exhibit I: State Development Requirements of the Code Compliance Policy dated July

The State Buildings Program Building Codes Webpage may be found at:

https://osa.colorado.gov/state-buildings/building-codes

Rev. 07/2025 Ex D

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT

DESIGN/BID/BUILD

(STATE FORM SC-5.1)

EXHIBIT D: ADDITIONAL DESIGN REQUIREMENTS/ PROGRAM PLAN/SUSTAINABILITY

GOALS

DESIGN REQUIREMENTS/FACILITIES PROGRAM PLAN/SUSTAINABILITY GOALS

(Attached, as applicable)

This Exhibit D is in addition to Exhibit I: State Development Requirements of the Code Compliance Policy dated July 2025 as listed as Exhibit C of this agreement.

Rev. 07/2025 1

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS

Supplementary General Conditions Federal Provisions

SLFRF Federal Funds: Contractor Terms and Conditions Certification

SLFRF Federal Funds: Contractor Terms and Conditions

Attachment 1: ARCHITECT/ENGINEER AGREEMENT TERMS AND CONDITIONS

DESIGN/BID/BUILD

SC-5.1TC

Rev. 07/2025

STATE OF COLORADO

ARCHITECT/ENGINEER AGREEMENT TERMS

AND CONDITIONS DESIGN/BID/BUILD

(STATE FORM SC-5.1TC)

Rev. 07/2025 TOC

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT TERMS AND CONDITIONS

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

SIGNATURE APPROVALS in SC-5.1

1 ARTICLE 1 BASIC SERVICES OF ARCHITECT/ENGINEER

2 ARTICLE 2 REIMBURSABLE EXPENSE

3 ARTICLE 3 BASIS OF COMPENSATION

4 ARTICLE 4 TIME

5 ARTICLE 5 PRINCIPAL REPRESENTATIVE

6 ARTICLE 6 CONSTRUCTION COST

7 ARTICLE 7 OWNERSHIP OF DOCUMENTS

8 ARTICLE 8 INSURANCE

9 ARTICLE 9 TERMINATION OR SUSPENSION OF AGREEMENT

10 ARTICLE 10 INTENT OF DOCUMENTS, PARTNERING AND FACILITATED

NEGOTIATIONS

11 ARTICLE 11 COLORADO SPECIAL PROVISIONS

12 ARTICLE 12 MISCELLANEOUS PROVISIONS

13 ARTICLE 13 CONFIDENTIAL INFORMATION-STATE RECORDS

EXHIBITS:

A. ARCHITECT/ENGINEER PROPOSAL

B. WAGE RATES SCHEDULE

C. BUILDING CODE COMPLIANCE POLICY

D. ADDITIONAL DESIGN REQUIREMENTS/ PROGRAM PLAN/SUSTAINABILITY GOALS

SUPPLEMENTARY GENERAL CONDITION: FEDERAL PROVISIONS

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT TERMS AND CONDITIONS

1 ARTICLE 1 BASIC SERVICES OF ARCHITECT/ENGINEER

1.1 THE SERVICES

1.1.1 Professional Services, as set forth in SC-5.1.

1.1.2 License/Registration

These services shall be performed by the Architect/Engineer or by consultants licensed or registered as required by the State of Colorado. 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. In the event the Architect/Engineer does not have as part of his regular staff and services, certain professional consultants and consulting services, such as but not limited to, structural, mechanical, electrical, acoustical and architectural, then such consulting services shall be performed by practicing professional consultants.

1.1.3 Staff Retained for Duration of Project

All professional consultants, staff or practicing, must be retained for the life of the project; provided, however, acceptable replacements must be approved, in writing, by the Principal Representative whose approval shall not be unreasonably withheld.

1.1.4 Professionals Designated

Prior to designating a professional to perform any of these services as indicated in paragraph 12.10, the Architect/Engineer shall submit the name of such professional, together with a resume of their 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.

1.1.5 Conflict of Interest

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 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.

1.1.6 Code Compliance

Rev. 07/2025 2

The Architect/Engineer shall make certain to the best of its knowledge, information and belief, that the drawings and specifications prepared by them are in compliance with the Approved Codes as adopted by the State Buildings Program (as a minimum standard) as indicated in Exhibit C, Approved Codes.

Other or 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 the attached Code Compliance Reviews, Exhibit D.

1.1.7 Buy Clean Colorado Act Requirements (as set forth in SC-5.1.), where applicable.

1.2 DEVELOPMENT OF THE PROJECT

1.2.1 Pre-Design Phase

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

1.2.2 Schematic Design Phase

1.2.2.1 Conferences: The Architect/Engineer shall attend all conferences as may be requisite to a complete understanding of the Project. The Architect/Engineer shall document all such conference notes and distribute the same to the Principal Representative.

1.2.2.2 Design Program/Facility Program Plan/ Sustainability Goals: The Architect/Engineer shall review the Design Program/Facilities Program Plan /Sustainability Goals (Exhibit E), furnished by the Principal Representative to ascertain the requirements of the Project and shall refine the design in accordance with Exhibit E.

1.2.2.3 Written Report/Drawings: When agreement has been reached on the Schematic Design, the Architect/Engineer shall prepare a written report, accompanied by Drawings, setting forth the following:

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) If new construction or addition, the recommended site location;

c) Scope of any site development;

d) Correlation of spaces with approved State standards;

e) Conceptual drawings of floor plans, elevations and sections;

f) Conceptual drawings and descriptions of building plumbing, mechanical and electrical systems;

g) Area computations, gross square footage, net square footage, volume;

h) Outline of proposed construction materials;

i) Review of the time anticipated for Construction Phase;

j) Architect/Engineer's estimate of Probable Construction Cost.

Rev. 07/2025 3

1.2.2.4 Acceptance of Schematic Design Documents: The above Schematic Design data shall be approved in writing by both the Principal Representative and State Buildings Program before commencement of the next phase.

1.2.3 Design Development Phase

1.2.3.1 Written Report/Drawings: The Architect/Engineer shall prepare a written report and drawings outlining in detail Design Development Documents from the approved Schematic Design Report. The report, when submitted for approval, shall include:

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) 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 plumbing, mechanical, and electrical systems as necessary to define size, location, and quantity of equipment, materials, and constructions;

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

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

f) Outline specifications including Division 1 and cut-sheets and/or samples of proposed materials, equipment, system components per CSI format divisions;

g) Architect/Engineer's adjustments to the Schematic Design estimate of Probable Construction Costs;

h) Review of the time anticipated for the Construction Phase.

1.2.3.2 Models and Renderings: If the Principal Representative requires, in writing, the Architect/Engineer shall prepare models, renderings or perspectives to portray fully the project in whole or in part as additional services to the Principal Representative.

1.2.3.3 Acceptance of Design Development Documents: The final Design Development Documents shall be approved in writing by both the Principal Representative and State Buildings Program before commencement of the next phase.

1.2.4 Construction Documents Phase

1.2.4.1 Construction Documents: The Architect/Engineer shall prepare the final Construction Documents from the approved Design Development Documents.

These Construction Documents, when submitted for approval, shall include:

a) Complete architectural, structural, plumbing, mechanical and electrical construction drawings as needed for the approved scope of work. These drawings shall be on durable and reproducible material. If the Project is

Rev. 07/2025 4 a structure, the title sheet of the Project shall reflect an accurate take-off of:

b) Gross square footage,

c) Gross building volume.

d) This takeoff shall be made in accordance with AIA Document-D101, current edition. In addition, the net assignable square footage shall be shown when requested.

e) Complete architectural, structural, mechanical and electrical specifications.

The format for these technical specifications shall be the current edition of MasterFormat published by the Construction Specifications Institute.

f) The Architect/Engineer's adjustments to the Design Development estimate of Probable Construction Cost.

1.2.4.2 Code Compliance: The Architect/Engineer shall cooperate with the State's Code Review Agent to check the Construction Drawings and Specifications for compliance with the Approved Codes as defined in Exhibit C, and shall include the minimum data as required by the Code Compliance Review Exhibit D.

1.2.4.3 Acceptance of Construction Documents: The final Construction Documents shall be approved in writing by both the Principal Representative and State Buildings Program before commencement of the next phase.

1.2.5 Bidding Phase

1.2.5.1 Competitive Bids: The Architect/Engineer shall assist the Principal Representative in obtaining competitive bids (including attending the bid opening if requested by the Principal Representative), bid evaluation, determination of the successful bid and in awarding and preparing contracts for construction.

1.2.5.2 Bidding Documents: Bidding Documents shall consist of…