DC-HIS-RFP-RFQ-2025-06-30.pdf

RFQ-IH Consultant Rev. 01/2024 UCB Rev 4/2025

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

REQUEST FOR QUALIFICATIONS

FOR

ON‐CALL INDUSTRIAL HYGIENIST CONSULTING SERVICES

Notice Number: 25-60

For The

University of Colorado Boulder

For The

On‐Call Industrial Hygienist Services

Date

June 30, 20205

UCB Rev 10/2024

REQUEST FOR QUALIFICATIONS

FOR

ARCHITECTURAL/ENGINEERING/CONSULTING SERVICES

TABLE OF CONTENTS

I. INTRODUCTION

A. Project Description/Minimum Requirements/Project Delivery B. Selection Process

1. Mandatory Pre-Submittal Conference

2. Architect/Engineer/Consultant Submittals

3. Screening Panel

C. Schedule

II. SUBMITTAL REQUIREMENTS

A. Project Team B. Firm Capabilities C. Prior Experience D. Project Approach E. Work Location

APPENDICES

Appendix A: Preliminary Selection/Evaluation Form Appendix A1: Not Used Appendix A2: Final Ranking Matrix Appendix B: Consultant Contract Appendix C: Acknowledgment & Attestation Form Appendix D: Scope of Work

Rev. 01/2024 UCB Rev 10/2024

INDUSTRIAL HYGIENST CONSULTING SERVICES

REQUEST FOR QUALIFICATIONS

FOR THE

UNIVERSITY OF COLORADO BOULDER

I. INTRODUCTION

A. PROJECT DESCRIPTION

The University of Colorado seeks to retain a firm (or firms) to provide skilled Industrial Hygienist (IH) for as-needed consultant services in support of the University’s department of Environmental Health & Safety (EH&S) and Planning, Design and Construction (PD&C). The successful firm(s) will report directly to CU’s Project Manager and work under the direction of Environmental Health and Safety (EH&S).

Respondents to this RFQ should note that this solicitation will be valid for future award of the scope(s) of service presented here by the University of Colorado Boulder. Successful firm(s) will be contracted by a Consultant Agreement (State Form SC-5.3) for a period of one year from date of execution; and may be extended for up to four (4) additional one-year periods based upon successful performance and need by CU Boulder.

The University of Colorado Boulder is requesting Industrial Hygienist services on various Controlled Maintenance, Deferred Maintenance, Capital and Non-Capital construction projects. Total project costs will be in the range of $150,000 to $5,000,000.

NOTE: CU Boulder may hire a firm for all of the services noted below or only specific services (i.e., Inspection and sampling only) depending on project requirements.

Industrial Hygienist (IH) services include many different tasks, and the scope of each project can vary depending on scope. Below is a summary of services which are generally performed by an IH, however the university may ask for additional services depending on the firm's qualifications and project’s needs. Services may include:

AHERA/ CDPHE asbestos inspections CDPHE AMS services Abatement project oversight, project management, and owner’s representation HUD Lead Based Paint Inspection and Assessment Lead Based Paint Screening Mold assessment OSHA personal air monitoring (fumes, vapor, gas, workplace exposures) Radon assessment Building air quality investigation Reviewing campus regulatory programs and processes other services needed

Refer to Appendix D – Scope of Service for additional description of requested services.

B. SELECTION PROCESS

Rev. 01/2024 UCB Rev 10/2024

The selection of an Industrial Hygienist Consultant will be conducted in accordance with the Colorado Revised Statutes, 24-30-1401 et. seq. The process will involve one stage when submittals will be screened and scored. The University of Colorado Boulder will attempt to negotiate a contract with the highest ranked firms (may be 3 to 5 firms) for a period of one year, with up to four (4), one-year extensions based on satisfactory performance.

Following is additional information relative to the selection process:

1. Mandatory Pre-submittal Conference: To ensure sufficient information is available to firms preparing submittals, a mandatory pre-submittal conference has been scheduled. The intent of this conference is to tour the site and to have University of Colorado Boulder staff available to discuss the project. Firms preparing submittals must attend and sign-in in order to have their submittals accepted. The pre-submittal conference will be held:

Meeting Date and Time: July 10,2025 at 2:00 pm

To ensure sufficient information is available to all firms preparing Submittals, a mandatory pre-submittal conference has been scheduled. This intent of the conference is to review the anticipated scope, answer questions, and provide general guidance on the RFP Scope of Services. Firms preparing Submittals must attend and sign-in to have their Submittals accepted. The pre-submittal conference will be held at:

University of Colorado Boulder, Main Campus Environmental Health and Safety Second Floor Conference Room 1000 Regent Drive, Boulder, CO 80309

Pay parking is Lot 440 (see green area in parking map below with pay stations).

When you arrive, please go to the main entrance on the west side of the building and come to the second floor.

2. Industrial Hygienist Consultant’s Submittals: Specific requirements for submittals and scoring criteria are detailed in II. SUBMITTAL REQUIREMENTS. In order to facilitate review, one (1) digital copy of shall be provided. Submittals must be received at:

Rev. 01/2024 UCB Rev 10/2024

Submittals are to be submitted electronically via Bidnet at:

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

Addressed to:

Design and Construction Manager: Katherine A. Dunklau Environmental Health and Safety: Fred Genske

Deadline for receipt is July 22, 2025 at 2:00 pm MDT

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

3. Screening Panel: Submittals will be evaluated by a panel of individuals selected in accordance with state policies. The panel will review and score the submittals.

C. SCHEDULE

Following is a detailed schedule of events for the RFQ process and an outline of the schedule for the balance of the project (all times are MDT).

Advertisement June 30, 2025 Mandatory Pre-submittal Conference/ Tour July 10, 2025 at 2:00 pm Last Date Questions Due via Bidnet July 15, 2025 at 5:00 pm Date Answers Issued via Bidnet July 18, 2025 at 2:00 pm RFQ Submittal Due via Bidnet July 22, 2025 at 2:00 pm Anticipated Consultant Services – Start August 1, 2025

II. SUBMITTAL REQUIREMENTS

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.

Appendix C, Acknowledgement and Attestation Form must be fully completed and certified.

The following are elements that will be used to evaluate each firm's qualifications:

A. PROJECT TEAM

Identify the project principal, the project manager, key staff and sub-consultants. Present a brief discussion regarding how the team's qualifications and experience relate to the success of these consulting services.

Qualifications and relevant individual experience.

Unique knowledge of key team members relating to these consulting services.

Experience on projects as a team. Provide resume/CV/certifications for all proposed staff.

Key staff involvement in project services and on-site presence.

Time commitment of key staff.

Rev. 01/2024 UCB Rev 10/2024

Qualifications and relevant sub-consultant experience.

B. FIRM/TEAM CAPABILITIES

Are the lines of authority and coordination clearly identified?

Are essential management functions identified?

PAT Proficient and able to read PLM samples on site.

Certified Industrial Hygienist (CIH) on staff Certified Safety Professional (CSP) on staff Provide examples of the following forms (as applicable)

Building material inspection report Asbestos abatement closeout report with air sampling data IH exposure assessment report

Note: Organization charts and graphs depicting your capacity may be included.

C. PRIOR EXPERIENCE

Use this portion of your submittal to describe relevant experiences with the project type described in this RFQ document and various services to be provided.

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.

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

D. PROJECT APPROACH

For the project and services outlined in the RFQ document, describe how you plan to accomplish the following industrial hygienist consulting services:

Investigation and Hazards Materials Testing Regulatory Documentation Abatement Activity Oversight Abatement Closeout Database Scenario Response

A Project Manager asks you for IH Services and indicates that a renovation project will occur in a lab on the 6th floor of the chemistry building. The renovation will include minor electrical and lighting upgrades, plumbing fixture replacement, removal of lab case work, and moving of a fume hood” Please describe a summary of your process and approach to this type of project.

How would your process and approach differ if it were a $100-million whole building renovation and the building was built in 1910 over 8 years with multiple renovations since the initial construction.

Rev. 01/2024 UCB Rev 10/2024

E. WORK LOCATION

Describe where the prime and sub-consultants will do the key work elements of this project.

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

Firm's familiarity with the project area.

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Appendix A

PRELIMINARY SELECTION/EVALUATION FORM

INDUSTRIAL HYGIENIST CONSULTANT SERVICES

QUALIFICATION BASED SELECTION

Evaluator #:_____________________________________ Date:_________________________ Name of Firm:_________________________________________________________________ Name of Project:_______________________________________________________________

RFQ REFERENCE

MINIMUM REQUIREMENTS Y ____ N ____

If the minimum requirements have not been met, specify the reason(s):

Acknowledgment and Attestation included: Y _____ N _____

SCORE (PROJECT SPECIFIC QUALIFICATIONS): Weight2 x Rating3 = Score

1. PROJECT TEAM1

Qualifications and relevant individual experience. __3___x_____=____ Unique knowledge of key team members relating to these consulting services. __3__x_____=____ Experience on projects as a team. __2__x_____=____ Key staff involvement in project services and on-site presence. __4__x_____=____ Time commitment of key staff. __4__x_____=____ Qualifications and relevant subconsultant experience. __3__x_____=____

2. FIRM CAPABILITIES1

Are the lines of authority and coordination clearly identified __3__x_____=____ Are essential management functions identified? __3__x_____=____

PAT Proficient and able to read PLM samples on site __5__x_____=____ Certified Industrial Hygienist (CIH) on staff __5__x_____=____ Certified Safety Professional (CSP) on staff __5__x_____=____ Provide examples of requested forms __3__x_____=____

3. PRIOR EXPERIENCE1

Experience of the key staff and firm with projects of similar scope and complexity. __4__x_____=____ Demonstrated success on past projects of similar scope and complexity. __4__x_____=____ References. __2__x_____=____

4. PROJECT APPROACH1

Investigation and hazardous materials testing __5__x_____=____ Regulatory documentation __5__x_____=____ Abatement activity oversite __5__x_____=____ Abatement closeout __5__x_____=____ Database __4__x_____=____ Scenario response __5__x_____=____

5. WORK LOCATION1

Proximity of firm’s office as it may affect coordination with the state's project manager and the potential project location. __2__x____=_____ Firm's familiarity with the project area. __3__x____=_____

TOTAL SCORE: ________4

NOTES:

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

2. Ratings: Evaluator to assess the strength of each firms qualifications and assign a numerical rating of 1 to 5 with 5 being the highest rating 0 is missing information. (Use whole numbers)

3. 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.

Appendix A2

FINAL RANKING MATRIX

QUALIFICATION BASED SELECTION

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

FIRM

QUALIFICATIONS SCORE1

CUMULATIVE2

TOTAL SCORE

RANK3

EVAL

#1

EVAL

#2

EVAL

#3

EVAL

#4

EVAL

#5

#6

1. Insert total score from each evaluator's SELECTION.

2. Add all evaluators' total scores to determine the cumulative score. NOTE: Each firm's cumulative total score should be as a percentage of the total points available.

3. Rank all firms with the highest scoring firm being the most qualified.

RFQ-IH Consultant Appendix D Rev. 01/2024 Page 1 of 4

Appendix B

INDUSTRIAL HYGIENIST CONSULTANT CONTRACT

(Consultant SC-5.3)

ADD agreement and supplementals

Rev. 01/2024 Page 2 of 4

Appendix C

ACKNOWLEDGMENT AND ATTESTATION FORM

(Partnership Format)

By responding to this RFQ, the respondent(s) certify that he/she has reviewed the contents of this RFQ and addenda, and has agreed that the terms and conditions are expressly acceptable without change or modification.

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

Subscribed on at Date City

, State of

County State

1) Partner Signature

Typed Name:

2)

Notary: ______________________________________________ ______________

Commission Expires: _____________________________________

Note: Add additional signatures if there are more than two partners.

Rev. 01/2024 Page 3 of 4

(Sole Proprietorship Format)

By responding to this RFQ, the respondent(s) certify that he/she has reviewed the contents of this RFQ and addenda, and has agreed that the terms and conditions are expressly acceptable without change or modification.

Subscribed on at Date

City

Respondent Date

Notary:

Commission Expires:

Rev. 01/2024 Page 4 of 4

(Joint Venture Format) change or modification.

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

Subscribed on at

Date City

Venture Partner Binding Signature Date

Typed Name

Type of Business Title

Witness Date

2) Venture Partner Binding Signature Date

Notes:

1. Add additional venture partners as necessary.

2. Witnesses of venture partners shall be corporate secretary for corporations, partners for partnerships, and notaries for sole proprietorships.

3. Attach venture agreement.

4. Type of business shall identify the venture partner as a corporation, venture, partnership, sole proprietorship, or other legal entity.

Rev. 01/2024 Page 5 of 4

By responding to these guidelines, the respondent(s) certify that he/she has 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.

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

Subscribed on ________________________ at _________________________, ____________________________, State of ____________________________, Applicant or Corporate Officer Signature Date

NOTE: Use full corporate name and affix corporate seal (if available).

(Seal)

Appendix D

SCOPE OF WORK

Scope of Services

All services must meet or exceed applicable OSHA, EPA, CDPHE regulations or other standards which are applicable to the service. Final submittal for each service must include a final report with an executive summary of findings and any recommendations along with a detailed summary of field data, laboratory reports, drawings, recommendations or other documents collected during the service.

Environmental Compliance Document (ECD) outlines environmental concerns that might be encountered during the project. Concerns might include asbestos, lead based paint, hazardous waste, controlling dust, storm water management, managing indoor air quality.

All projects will be managed in accordance with the State of Colorado and University of Colorado Boulder requirements. CU Boulder is the Authority Having Jurisdiction (AHJ) for projects on all CU Boulder campuses.

Staff performing a service, must have the proper certification in the discipline they are performing.

Successful firms must be qualified to perform at least one of the following services

Regulated Building Materials Inspections Each campus project must complete an inspection which identifies building materials in the work area that contain regulated materials (e.g., asbestos lead-based paint, etc.) that will be disturbed during the project. This inspection will be used as an attachment to the ECD. Firms conducting building material inspections will be responsible for the following review the project scope and supporting documents to understand which building materials will be impacted during the project.

Review existing building material sample data in the EHS database or other reports, if available, and determine which materials have already been sampled in the work area.

Conduct inspection following regulations and industry standards and create building materials using the EHS online sampling database to collect additional samples when required.

Send samples to an approved UCB analytical laboratory, when applicable. If samples are sent to and approved lab, UCB will pay for the cost of samples.

Provide a written report and summary of findings per applicable regulation (Reg 8, HUD, Reg 19,) inspection requirements (e.g., Regulation 8). At a minimum the inspection report must include

Project Background Scope of work Suspect Materials Sample locations Homogenous areas Sample Results Drawing indicating locations of asbestos materials in the work area.

Drawing indicating sample locations Supporting Documents (i.e., certifications, Chains of custody, Laboratory reports, etc.)

UCB Rev 10/2024

Air Monitoring Specialist (AMS) Project may require AMS services which are either required by regulation or UCB requirements.

These projects are generally one day projects which do not need scope development, daily oversight or project management. Firms providing AMS services will be responsible for the following

Review project scope and scope of abatement.

Review GAC submittals, abatement permit/notification, ECD Conduct the required air monitoring or clearance activities depending on scope of abatement project.

Provide a report outlining o Project Background o Scope of work o Sampling Plan o Air monitoring results o Recommendations o Conclusions o Supporting Documents (i.e., certifications, Chains of custody, Laboratory reports, etc.)

Asbestos Abatement Owners Representative Services Some projects may require more involvement from an IH firm and involve building inspection, scope development, air sampling, daily oversight and general Owner’s Representative Services. These projects are generally larger in scope and complexity and can last for multiple months. Firms providing Owners Representative services will be responsible for some, if not all, of the following

Review project scope of Work Conduct Building Material Inspection and report Development abatement scope of work Assist with GAC Selection Review GAC submittals, abatement permit/notification, ECD Provide Daily Oversight and inspections Conduct air monitoring or clearance sampling activities Updating of EH&S online database with materials abated during the project Provide a written report outlining o Project Background o Scope of work o Daily inspection results o air monitoring results o Conclusions and recommendations o Supporting Documents (i.e., certifications, Chains of custody, Laboratory reports, daily inspection logs, etc.)

Emergency Response The IH might need to assist in emergency response actions which might include some, if not all, of the following Oversight for Emergency Response abatement

UCB Rev 10/2024

Spill delineation Air monitoring Provide a written report outlining o Scope of response actions o air monitoring results o Conclusions and recommendations o Supporting Documents (i.e., certifications, Chains of custody, Laboratory reports, daily inspection logs, etc.)

General Industrial Hygiene Services Occasionally, projects are required to assist with a variety of industrial hygiene type services.

Projects could include hazard assessments or inspections for a variety of risks or exposures including, but not limited to, chemical exposures, radon, mold, Indoor air quality, etc.). Firms providing IH services will be responsible for providing a written report outlining some, if not all, of the following for

Executive Summary Background Scope of work Field Observations Sampling Plan Analytical Results Conclusions and Recommendations Reports for the asbestos and LBP inspections must meet regulatory requirements Supporting Documents (i.e., certifications, Chains of custody, Laboratory reports, daily inspection logs, etc.)

Appendix A

PRELIMINARY SELECTION/EVALUATION FORM

INDUSTRIAL HYGIENIST CONSULTANT SERVICES

QUALIFICATION BASED SELECTION

Evaluator #:_____________________________________ Date:_________________________ Name of Firm:_________________________________________________________________ Name of Project:_______________________________________________________________

RFQ REFERENCE

MINIMUM REQUIREMENTS Y ____ N ____

If the minimum requirements have not been met, specify the reason(s):

Acknowledgment and Attestation included: Y _____ N _____

SCORE (PROJECT SPECIFIC QUALIFICATIONS): Weight2 x Rating3 = Score

1. PROJECT TEAM1

Qualifications and relevant individual experience. __3___x_____=____ Unique knowledge of key team members relating to these consulting services. __3__x_____=____ Experience on projects as a team. __2__x_____=____ Key staff involvement in project services and on-site presence. __4__x_____=____ Time commitment of key staff. __4__x_____=____ Qualifications and relevant subconsultant experience. __3__x_____=____

2. FIRM CAPABILITIES1

Are the lines of authority and coordination clearly identified __3__x_____=____ Are essential management functions identified? __3__x_____=____

PAT Proficient and able to read PLM samples on site __5__x_____=____ Certified Industrial Hygienist (CIH) on staff __5__x_____=____ Certified Safety Professional (CSP) on staff __5__x_____=____ Provide examples of requested forms __3__x_____=____

3. PRIOR EXPERIENCE1

Experience of the key staff and firm with projects of similar scope and complexity. __4__x_____=____ Demonstrated success on past projects of similar scope and complexity. __4__x_____=____ References. __2__x_____=____

4. PROJECT APPROACH1

Investigation and hazardous materials testing __5__x_____=____ Regulatory documentation __5__x_____=____ Abatement activity oversite __5__x_____=____ Abatement closeout __5__x_____=____ Database __4__x_____=____ Scenario response __5__x_____=____

5. WORK LOCATION1

Proximity of firm’s office as it may affect coordination with the state's project manager and the potential project location. __2__x____=_____ Firm's familiarity with the project area. __3__x____=_____

TOTAL SCORE: ________4

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

2. Ratings: Evaluator to assess the strength of each firms qualifications and assign a numerical rating of 1 to 5 with 5 being the highest rating 0 is missing information. (Use whole numbers)

3. 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.

Appendix A2

FINAL RANKING MATRIX

QUALIFICATION BASED SELECTION

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

FIRM

QUALIFICATIONS SCORE1

CUMULATIVE2

TOTAL SCORE

RANK3

#1

EVAL

#2

EVAL

#3

EVAL

#4

EVAL

#5

#6

1. Insert total score from each evaluator's SELECTION.

2. Add all evaluators' total scores to determine the cumulative score. NOTE: Each firm's cumulative total score should be as a percentage of the total points available.

3. Rank all firms with the highest scoring firm being the most qualified.

UCB Rev 10/2024

Appendix B

INDUSTRIAL HYGIENIST CONSULTANT CONTRACT

(Consultant SC-5.3) and University of Colorado Boulder

Supplementary Terms and Conditions

SC-5.3

Rev. 08/2023

STATE OF COLORADO

CONSULTANT AGREEMENT

(STATE FORM SC-5.3)

STATE AGENCY: University of Colorado Boulder

DEPARTMENT ID: GFB

CONTRACT ID #: N/A

PROJECT #: Notice No. 25-60

PROJECT NAME: On-Call Industrial Hygienist Consulting Services

VENDOR NAME:

SC-5.3 CON

Rev. 08/2023 TOC

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONSULTANT AGREEMENT

(STATE FORM SC-5.3)

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

SIGNATURE PAGE

RECITALS:

1 ARTICLE 1 SCOPE OF WORK

2 ARTICLE 2 COMPENSATION

3 ARTICLE 3 REIMBURSABLE EXPENSE

4 ARTICLE 4 AGREEMENT EXPIRATION

5 ARTICLE 5 TERMINATION OF AGREEMENT

5.1 DEFAULT

5.2 TERMINATION FOR CONVENIENCE OF STATE

6 ARTICLE 6 CONSULTANT’S ACCOUNTING RECORDS

7 ARTICLE 7 INSURANCE

7.1 GENERAL

7.2 COMMERCIAL GENERAL LIABILITY INSURANCE (CGL)

7.3 AUTOMOBILE LIABILITY INSURANCE

7.4 WORKERS COMPENSATION INSURANCE

7.5 PROFESSIONAL ERRORS AND OMISSIONS LIABILITY

8 ARTICLE 8 COLORADO SPECIAL PROVISIONS

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

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

8.3 GOVERNMENTAL IMMUNITY

8.4 INDEPENDENT CONTRACTOR

8.5 COMPLIANCE WITH LAW

8.6 CHOICE OF LAW, JURISDICTION, AND VENUE

8.7 PROHIBITED TERMS

8.8 SOFTWARE PIRACY PROHIBITION. SOFTWARE PIRACY PROHIBITION

8.9 EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST

8.10 VENDOR OFFSET AND ERRONEOUS PAYMENTS

9 ARTICLE 9 MISCELLANEOUS PROVISIONS

9.1 DEFINITIONS

9.2 PROFESSIONAL ASSOCIATION PERMITTED

9.3 DISSOLUTION OF PROFESSIONAL ASSOCIATION

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

9.5 PUBLIC ART LAW

9.6 ASSIGNMENT

9.7 SUBCONTRACTS

9.8 BINDING EFFECT

9.9 AUTHORITY

9.10 CAPTIONS AND REFERENCES

9.11 COUNTERPARTS

9.12 ENTIRE UNDERSTANDING

9.13 INTENT OF THE DOCUMENTS

9.14 DIGITAL SIGNATURES

9.15 MODIFICATION

9.16 STATUTES, REGULATIONS, FISCAL RULES AND OTHER AUTHORITY

9.17 EXTERNAL TERMS AND CONDITIONS

9.18 SEVERABILITY

9.19 SURVIVIAL AND CERTAIN CONTRACT TERMS

9.20 TAXES

9.21 THIRD PARTY BENEFICIARIES

9.22 WAIVER

9.23 CORA DISCLOSURE

9.24 STANDARD AND MANNER OF PERFORMANCE

9.25 LICENSES, PERMITS, AND OTHER AUTHORIZATIONS

9.26 INDEMNIFICATION

9.27 ACCESSIBILITY

10 ARTICLE 13 CONFIDENTIAL INFORMATION-STATE RECORDS

10.1 CONFIDENTIALITY

10.2 OTHER ENTITY ACCESS AND NONDISCLOSURE AGREEMENTS

10.3 USE, SECURITY, AND RETENTION

10.4 INCIDENT NOTICE AND REMEDIATION

10.5 DATA PROTECTION AND HANDLING

10.6 SAFEGUARDING PERSONAL IDENTIFIABLE INFORMATION (PII)

EXHIBIT A: CONSULTANT PROPOSAL

EXHIBIT B: WAGE RATES SCHEDULE

EXHIBIT C: BUILDING CODE COMPLIANCE POLICY: COORDINATION OF APPROVED BUILDING CODES, PLAN REVIEWS AND BUILDING INSPECTIONS

SUPPLEMENTARY GENERAL CONDITIONS: UNIVERSITY OF COLORADO BOULDER (Supersedes State Contract Requirements)

SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS

Rev. 08/2022

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.

*Persons signing for Consultant hereby swear and affirm that they are authorized to act on Consultant’s behalf and acknowledge that the State is relying on their representations to that effect. Principal is not a recognized title and will not be accepted.

CONSULTANT*

By:

Date: _________________________

STATE OF COLORADO

The Regents of the University of Colorado, a Body Corporate

DEPARTMENT OF PERSONNEL & ADMINISTRATION

STATE BUILDINGS PROGRAM State Architect

(or authorized delegate)

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

Campus Controller’s Office

By:___________________________________________

Effective Date:_____________________

Project Number/Name: Notice No. 25-60 On-Call Industrial Hygienst Consulting Services

CMS Contract ID No.: N/A

STATE OF COLORADO

STATE BUILDINGS PROGRAM

CONSULTANT AGREEMENT

(STATE FORM SC-5.3)

Department ID: GFB Contract ID #: N/A Project #: Notice No. 25-60

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

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

RECITALS:

WHEREAS, the Principal Representative intends to procure On-Call Industrial Hygienist Consulting Services hereinafter called the Project; and

WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment In Fund Number Speedtype, Account Number; and

WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and

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

NOW THEREFORE, it is hereby agreed that

1 ARTICLE 1 SCOPE OF WORK

The Consultant, in consideration of State's promises hereinafter made, promises to perform and accomplish all the work and services proposed, and in accordance with the terms and conditions set forth in the scope of work description and proposal Request for Qualifications dated June 30, 2025, which documents are attached hereto and made a part hereof by reference as Exhibit A, (including the Consultant’s Services Schedule). Consultant shall undertake and perform the necessary work and services (as detailed in the Consultant’s Services Schedule outlining the required time to perform such work and services and including Principal Representative review times) as is customarily done in the professional practice of Consulting in the community for undertakings of similar character, scope and magnitude.

2 ARTICLE 2 COMPENSATION

In consideration for the performance of the said work and services including a not-to-exceed price for Reimbursable Expenses if applicable, Principal Representative agrees to pay to Consultant fees and charges not to exceed Zero Dollars ($0.00) as noted in Exhibit A. The Consultant shall be paid for the performance of individual projects, by separate Agreement. Payments to the Consultant shall be made monthly based upon Consultant’s performance and progress, through a properly executed Application for Payment (SC-7.1). Payments shall be due per C.R.S. § 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 ARTICLE 3 REIMBURSABLE EXPENSE

Reimbursable expenses are in addition to the compensation for said work and services and include actual expenditures made by the consultant and its employees 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 consultant understands and agrees that a certain dollar amount as enumerated in EXHIBIT A, Consultant’s Proposal has been established as a maximum amount to be paid for all reimbursable expenses. 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.

4 ARTICLE 4 AGREEMENT EXPIRATION

Unless sooner terminated, this Agreement shall remain in effect and valid for separate, project specific agreements executed within one (1) year from the date of this agreement: which may be extended for an additional four (4) one-year periods. until the work and services are completed and accepted by the Principal Representative.

5 ARTICLE 5 TERMINATION OF AGREEMENT

5.1 DEFAULT

Should the other party fail substantially to perform in accordance with its terms through no fault of the other, this Agreement may be terminated by either party upon thirty (30) days written notice with copies filed with the State Controller.

5.2 TERMINATION FOR CONVENIENCE OF STATE

The performance of the services under this Agreement may be terminated, in whole or from time to time in part, by the State whenever for any reason the Principal Representative shall determine that such termination is in the best interest of the State. Termination of services hereunder shall be affected by delivery to the Consultant of a Notice of Termination specifying the extent to which performance of services under this Agreement is terminated and the date upon which such termination becomes effective.

After receipt of the Notice of Termination, the Consultant shall exercise all reasonable diligence to accomplish the cancellation of its outstanding commitments covering personal services and extending beyond the date of such termination to the extent that they relate to the performance of any services terminated by the Notice.

6 ARTICLE 6 CONSULTANT’S ACCOUNTING RECORDS

Records of the Consultant’s Direct Personnel, Consultant, and reimbursable Expense pertaining to this Agreement and records of accounts between the Principal Representative and Consultant shall be kept on a generally recognized accounting basis and shall be available to the Principal Representative at mutually convenient times and extending to three (3) years after final payment under this Agreement.

7 ARTICLE 7 INSURANCE

7.1 GENERAL

The Consultant shall procure and maintain all insurance requirements and limits as set forth below, at their own expense, for the length of time set forth in Contract requirements. The Consultant shall continue to provide evidence of such coverage to State of Colorado on an annual basis during the aforementioned period including all of the terms of the insurance and indemnification requirements of this agreement. All below insurance policies shall include a provision preventing cancellation without thirty (30) days’ prior notice by certified mail. A completed Certificate of Insurance shall be filed with the Principal Representative and State Buildings Program within ten (10) days after the date of the Notice of Award, said Certificate to specifically state the inclusion of the coverages and provisions set forth herein and shall state whether the coverage is “claims made” or “per occurrence”.

7.2 COMMERCIAL GENERAL LIABILITY INSURANCE (CGL)

This insurance must protect the Consultant from all claims for bodily injury, including death and all claims for destruction of or damage to property (other than the Work itself), arising out of or in connection with any operations under this Contract, whether such operations be by the Consultant or by any Subcontractor under them or anyone directly or indirectly employed by the Consultant or by a Subcontractor. All such insurance shall be written with limits and coverages as specified below and shall be written on an occurrence form.

General Aggregate $1,000,000 Products – Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury $1,000,000

The following coverages shall be included in the CGL:

a) Additional Insured status in favor of the State of Colorado.

b) The policy shall be endorsed to be primary and non-contributory with any insurance maintained by Additional Insureds.

c) A waiver of Subrogation in favor of all Additional Insured parties.

7.3 AUTOMOBILE LIABILITY INSURANCE

Automobile liability insurance and business auto liability covering liability arising out of any auto (including owned, hired and non-owned autos).

Combined Bodily Injury and Property Damage Liability (Combined Single Limit): $1,000,000 each accident

Coverages: Specific waiver of subrogation

7.4 WORKERS COMPENSATION INSURANCE

The Consultant shall procure and maintain Workers' Compensation Insurance at their own expense during the life of this Contract, including occupational disease provisions for all employees per statutory requirements. Policy shall contain a waiver of subrogation in favor of the State of Colorado.

The Consultant shall also require each Subcontractor to furnish Workers' Compensation Insurance, including occupational disease provisions for all of the latter’s employees, and to the extent not furnished, the Consultant accepts full liability and responsibility for Subcontractor’s employees.

In cases where any class of employees engaged in hazardous work under this Contract at the site of the Project is not protected under the Workers’ Compensation statute, the Consultant shall provide, and shall cause each Subcontractor to provide, adequate and suitable insurance for the protection of employees not otherwise protected

7.5 PROFESSIONAL ERRORS AND OMISSIONS LIABILITY

(If this contract is for one of the following professional pre-design services such as; geotechnical investigation and reporting, environmental assessment or land surveying or for construction administrative services such as material testing, than the following Professional Errors and Omissions Liability Insurance coverage applies).

The Consultant promises and agrees to maintain in full force and effect an Errors and Omissions Professional Liability Insurance Policy in the amounts (indicated in the following table) as minimum coverage or such other minimum coverage as determined by the Principal Representative and approved by the State Buildings Program. The policy, including claims made forms, shall remain in effect for the duration of this Agreement and for at least three years beyond the completion and acceptance of the Work. The Consultant shall be responsible for all claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from the performance of Professional Services contemplated in this Agreement, provided that any such claim, damage, loss or expense is caused by any negligent act, error or omission of the Consultant, any consultant or associate thereof, or anyone directly or indirectly employed by Architect/ Engineer. The Consultant shall submit a Certificate of Insurance verifying said coverage at the signing of this Agreement and also any notices of Renewals of said policy as they occur.

For a Fixed Limit of Construction Cost

Minimum Coverage per Claim Minimum Coverage in the Aggregate

$999,999 and under $250,000 $500,000

$1,000,000 to $4,999,999 $500,000 $1,000,000

$5,000,000 to $19,999,999 $1,000,000 $2,000,000

$20,000,000 and Above $2,000,000 $2,000,000

8 ARTICLE 8 COLORADO SPECIAL PROVISIONS

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

This contract shall not be valid until it has been approved by the Colorado State Controller or designee.

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

Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.

8.3 GOVERNMENTAL IMMUNITY

Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes.

8.4 INDEPENDENT CONTRACTOR

Consultant shall perform its duties hereunder as an independent Consultant and not as an employee. Neither Consultant nor any agent or employee of Consultant shall be deemed to be an agent or employee of the State. Consultant shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein.

Consultant and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Consultant or any of its agents or employees. Consultant shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Consultant shall (i) provide and keep in force workers’ compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents.

8.5 COMPLIANCE WITH LAW

Consultant shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

8.6 CHOICE OF LAW, JURISDICTION, AND VENUE

Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.

8.7 PROHIBITED TERMS

Any term included in this Contract that requires the State to indemnify or hold Consultant harmless;

requires the State to agree to binding arbitration; limits Consultant’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109, C.R.S.

8.8 SOFTWARE PIRACY PROHIBITION. SOFTWARE PIRACY PROHIBITION

State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Consultant hereby certifies and warrants that, during the term of this Contract and any extensions, Consultant has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Consultant is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.

8.9 EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST

C.R.S. § 24-18-201 and C.R.S. § 24-50-507

The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Consultant has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Consultant services and Consultant shall not employ any person having such known interests.

8.10 VENDOR OFFSET AND ERRONEOUS PAYMENTS

C.R.S. § 24-30-202(1) & C.R.S. § 24-30-202.4

Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund;

and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Consultant in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Consultant by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Consultant, or by any other appropriate method for collecting debts owed to the State.

9 ARTICLE 9 MISCELLANEOUS PROVISIONS

9.1 DEFINITIONS

“CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.

“Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5- 401, et seq., C.R.S. Incidents include, without limitation, (i) successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent.

“PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101, C.R.S. “PII” shall also mean “personal identifying information” as set forth at § 24-74-102, et. seq., C.R.S.

“State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24- 30-202(13)(a), C.R.S.

“State Confidential Information” means any and all State Records not subject to disclosure under CORA.

State Confidential Information shall include, but is not limited to, PII, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Consultant which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Consultant without restrictions at the time of its disclosure to Consultant; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Consultant to the State; (iv) is disclosed to Consultant, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information.

“State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA.

“Subcontractors” means any third party engaged by Consultant to aid in performance of the Work.

“Work” means the goods delivered and services performed pursuant to this Contract.

“Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work.

9.2 PROFESSIONAL ASSOCIATION PERMITTED

The Consultant may, with the prior written consent of the Principal Representative, join with them in the performance of this Agreement any other duly licensed Architect or Architects or registered Engineers with whom he may, in good faith, and enter into an association.

9.3 DISSOLUTION OF PROFESSIONAL ASSOCIATION

In the event there is dissolution of the association, other than by death of a member, the State of Colorado, acting by and through the Principal Representative, shall designate which former member shall continue with the work and may make all payments thereafter falling due in connection with the work directly to the person or persons so designated and without being required to look to the application of such payments as among the former members.

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

As amended, the Consultant has executed a schedule, which is attached hereto and made a part hereof by reference as Exhibit B, Wage…