DC-SOL-RFP-TBD-DBB+2-STEP+PKG+(UCB+VERSION+FOR+PROJECTS+UNDER+$2M).pdf

RFP DBB (UCB 2-Step) Rev 09/2024

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

REQUEST FOR PROPOSALS

FOR

DESIGN/BID/BUILD GENERAL CONTRACTOR (UCB 2-Step)

For The

UNIVERSITY OF COLORADO BOULDER

Notice Number: 25-58

For The

UCB001176-MULTI-C4C-FRND-Steam Conversion-2025

REQUEST FOR PROPOSALS FOR A

DESIGN/BID/BUILD GENERAL CONTRACTOR

University of Colorado Boulder

TABLE OF CONTENTS

I. GENERAL INFORMATION

A. Introduction/Description of Project B. Minimum Qualifications C. Scope of Services

II. PREQUALIFICATION SUBMITTALS (STEP I)

A. Schedule B. Mandatory Pre-submittal Conference C. Clarifications D. General Information E. Prequalification Submittals F. Submittal Requirements G. Notes for Subcontractors Qualifications H. Short List

III. BIDDING (STEP II)

IV. EVALUATION CRITERIA

A. PREQUALIFICATION SUBMITTAL CRITERIA

1. General Information

2. Location

3. General Firm Experience

4. Successful Project Completion

5. Bonding Capacity and Insurance

6. Qualifications of Key Personnel

7. Schedule Control

8. Current Workload/Capacity

9. Projected Construction Period

10. Project Management

11. Performance Following Pre-qualifications

12. Percentage of Local Subcontractor Involvement

13. Apprenticeship Training Program (if applicable)

14. Acknowledgement and Attestation

15. Other (if needed)

V. DESIGN/BID/BUILD CONTRACT INFORMATION

VI. ACKNOWLEDGMENT AND ATTESTATION

APPENDICES

Appendix A: Prequalification Submittal/Evaluation Form (To be completed by Jury Panel)

Appendix B: Contractor’s Design/Bid/Build (D/B/B) Agreement (Form SC-6.21), The General Conditions of the Contractor’s Design/Bid/Build (D/B/B) Agreement (Form SC-6.23), University of Colorado Boulder Supplemental Terms and Conditions to SC-6.21 and SC-6.23

Appendix C: Not Used

Appendix D: Direct Labor Burden Calculation form (SBP-6.18)

Appendix E: Applicable Prevailing Wage Rates and Apprenticeship Contribution

Rates (when applicable)

Appendix F: Apprenticeship Utilization Certifications (SBP-6.17) (when applicable)

Appendix G: Not Used

Appendix H: OSA-AFB-1 and Bid Bond form

Rev 09/2024

REQUEST FOR PROPOSALS FOR A

DESIGN/BID/BUILD GENERAL CONTRACTOR

University of Colorado Boulder

Settlement Notice For all projects with a total dollar value above $150,000 Notice of Final Settlement is required by C.R.S.

§38-26-107(1). Final Settlement, if required, will be advertised in the same location as the original solicitation.

I. GENERAL INFORMATION

A. INTRODUCTION/DESCRIPTION OF PROJECT

This project is intended to complete a turnover of steam services for domestic hot water from Farrand Hall to the Center for Community (C4C) during fall of 2025. Construction Budget is $1,000,000. Construction must be completed by January 2026.

The Regents of the University of Colorado Boulder anticipates using a Design/Bid/Build General Contractor (DBB/GC) approach to project delivery, and requests submittals for pre-qualification of General Contractors for Construction Project titled UCB001176-MULTI-C4C- FRND-Steam Conversion-2025.It is the intent of the Department of Facilities Management to pre-qualify General Contractors and select a minimum of three (3) to bid this project in accordance with Colorado Revised Statutes 24-92-107, 24-103-402, and 24-30-1303 (1) (Q) and in accordance with Section 3-402.01 of the Colorado Procurement Rules. Pre-qualification and inclusion on the selected bidders list will be necessary for bidding on this project. This pre-qualification process is unique to this project and not withstanding other pre-qualification by the State Buildings Division and the University of Colorado, all contractors wishing to bid this project must be pre-qualified as defined in this document.

The process to be used in the selection of the General Contractor is comprised of two (2) steps. STEP I is the Submittal of Prequalification as described in Section II. STEP II is submission of the bid as described in detail in Section III. A Jury Panel of individuals who will be involved in the project and/or understand the required services associated with Design/Bid/Build General Contractor will evaluate responses to this RFP for STEP I. Sealed bids will be accepted only from those firms who are selected as pre-qualified by the University of Colorado Boulder for this project.

B. MINIMUM QUALIFICATIONS

Notice is hereby given to all interested parties that all firms will be required to meet ALL the minimum qualifications to be considered for these projects. To be considered as qualified, interested firms shall have, as a minimum:

1. Continuously maintained a Colorado office for the last five (5) years.

2. Successful completion within the last five (5) years, in the capacity of General Contractor, of at least three (3) projects similar to the project description in Section I-A for public or quasi-public entities; and

Rev 09/2024

3. The adjusted completed Construction Contract amount for these projects shall amount to at least $1,500,000 per project and at least one (1) of which shall have been completed by the Project Manager and Superintendent proposed for this project. Enclose resumes of these and other key personnel who will be on this project through completion.

Demonstrate that the Project Manager and/or Superintendent has experience with similar projects, close owner/operation coordination, and quality management experience.

4. Certified bonding capacity of $2,000,000 each per labor and materials payment bond and performance bond. Capability of insurance as described in the attachment in Appendix B.

5. Per C.R.S. §24-92-Part 2, a public construction project in the amount of five hundred thousand dollars ($500,000.00) or more shall be subject to the State prevailing wage rate, of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees to lawful welfare, pension, vacation, apprentice training, and educational funds in the State, for each employee needed to execute the contract.

Payments to the funds must constitute an ordinary business expense deduction for federal income tax purposes by contractors and subcontractors. Contractors are required to pay their employees at weekly intervals and shall comply with the enforcement provisions of C.R.S. §24-92-209. Contractors awarded a project of this size will be required to utilize the LCPTracker cloud-based labor compliance and certified payroll application.

It is the intent of the University of Colorado Boulder that after review and scoring of the pre-qualification submittals for this project, the top pre-qualified firms will be invited to bid the project conventionally with the intent of awarding to the lowest responsible bidder.

C. SCOPE OF SERVICES

The scope of services will be as required by the Contractor’s Design/Bid/Build Agreement (Form SC-6.21) and the Construction Documents prepared by BCER Engineering.

Domestic hot water is generated in Farrand Hall and serves eight buildings. The buildings connected to the system include Farrand Hall, Aden Hall, Brackett Hall, Cockerell Hall, Crosman Hall, Reed Hall, Hallett Hall and Willard Hall. Farrand Hall is scheduled to undergo a major renovation and will no longer house the domestic hot water generation and distribution equipment, nor will it continue to be connected to the larger distribution system.

The scope of this project consists of disconnecting Farrand Hall from the larger domestic hot water system, providing a new domestic hot water generation system in C4C, and reconnecting into the existing distribution system to serve the remaining seven buildings.

This will include creating a new mechanical room in the C4C parking garage to house the steam station and all components.

A public construction project in the amount of five hundred thousand dollars ($500,000.00) or more shall be subject to the State prevailing wage rate, of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees to lawful welfare, pension, vacation, apprentice training, and educational funds in the State, for each employee needed to execute the contract. Payments to the funds must constitute an ordinary business expense deduction for federal income tax purposes by contractors and subcontractors.

Contractors are required to pay their employees at weekly intervals and shall comply with the enforcement provisions of C.R.S. §24-92-209. Contractors awarded a project of this size will be required to utilize LCP Tracker cloud-based labor compliance and certified payroll application

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

Rev 09/2024 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.

II. PREQUALIFICATION SUBMITTALS (STEP I)

A. SCHEDULE

1. The schedule of events for the RFP process and an outline of the schedule for the balance of the project is as follows:

2. All submittals are to be submitted electronically via BIDNET at:

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

3. The above schedule is tentative. Responding firms shall be notified of revisions in a timely manner by email. Respondents may elect to verify times and dates by email, but no earlier than 36 hours before the schedule date and time.

B. MANDATORY PRE-SUBMITTAL CONFERENCE

To ensure sufficient information is available to teams 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 mandatory pre-submittal conference will be held at:

Pre-Qualification (Step I) RFP Advertisement and Document Release 6/25/2025 Mandatory Pre-submittal Conference 7/2/2025 Deadline to submit Questions via BIDNET 7/9/2025 Deadline for Answers/Clarifications/Revisions via BIDNET 7/16/2025 RFP Submittals Due via BIDNET 7/25/2025 Selected Short List Available via BIDNET 8/4/2025

Bidding (Step II) Bidding Documents Available via BIDNET

8/6/2025

Pre-bid Meeting 8/11/2025 Deadline to submit Questions via BIDNET 8/15/2025 Deadline for Answers/Clarifications/Revisions via BIDNET 8/20/2025 Cost Proposals Due via BIDNET Public Bid Opening

8/27/2025 8/27/2025

Construction (Projected Dates) Notice to Proceed 9/12/2025 Substantial Completion 12/19/2025 Final Completion 12/31/2025 https://www.bidnetdirect.com/colorado/universityofcoloradodesignandconstruction

Rev 09/2024

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Dial in by phone +1 720-372-0802,,220123634# United States, Aurora

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Date/Time: 7/2/2025 at 10AM

C. CLARIFICATIONS

1. Owner initiated changes to this RFP will be issued under numerically sequenced BIDNET addenda. Addenda generally consist of the following items:

a. Clarifications

b. Scope Changes

c. Time and/or Date Changes

2. Respondent initiated requests for clarification will be received via BIDNET per the schedule above. All State responses will be issued by BIDNET addenda per the schedule above.

3. Respondents must acknowledge all issued addenda in their submittal and proposal.

D. GENERAL INFORMATION

1. All respondents accept the conditions of this RFP, 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. 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.

d. The State reserves the right to reject any or all proposals on the basis of being unresponsive to this RFP or for failure to disclose requested information.

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Rev 09/2024

e. 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.

f. The respondent has reviewed Appendix B and by responding has agreed that the terms and conditions of the sample Design/Bid/Build Agreements are expressly workable without reservation. All documents can be found at:

https://osa.colorado.gov/state-buildings/project-management-policies-guidelines/contract-forms

E. PREQUALIFICATION SUBMITTALS

1. Respondent must comply with the following items, a through f. 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. (Note that the primary focus of the Prequalification evaluation will be firm capabilities).

a. Submit one (1) electronic (pdf format) of all material via BIDNET.

b. Submittals shall be formatted and bookmarked in the exact form and numeric sequence of the Evaluation Form (1 through 5) in Appendix A. A two-sided single page cover letter addressed to the University of Colorado Boulder, Attn: Mykala Keuter outlining the firm qualifications is required at the front of the submittal.

c. Submittals shall be evaluated in accordance with criteria as indicated in Section IV.-

A. Prequalification Submittal Criteria and ranked on the corresponding Evaluation Form in Appendix A.

d. Response to all items shall be complete.

e. All references shall be current and relevant.

f. Complete and execute the appropriate Acknowledgment and Attestation Form as provided in Section VI and submit at the back of the submittal.

F. SUBMITTAL REQUIREMENTS

Listed below are the submittal items required for consideration to be pre-qualified to bid on the project. Most specific submittal requirements will be scored. Failure to provide any of the requested information will affect the score the firm’s submittal receives, and in the cases where the minimums are required or in cases where a submittal item is required, failure to submit the required information may disqualify the submittal from further consideration.

General criteria used to judge each submittal item are described in the following Section IV- Evaluation Criteria. Firms are requested to respond directly to each item separately.

1. General Introduction

Provide a simple concise description of firm. Description shall not be more than two (2) typewritten pages. It may be supplemented by brochures. Description shall identify at a minimum:

https://osa.colorado.gov/state-buildings/project-management-policies-guidelines/contract-forms https://osa.colorado.gov/state-buildings/project-management-policies-guidelines/contract-forms

Rev 09/2024

a. Legal business name, address, contact person name, phone number. (If a branch office or subsidiary, provide same information for head office as well as branch or subsidiary.)

b. Number of years in business

c. Brief overview of staff

2. Location

Provide a description of your office during the last five (5) years including all business addresses used in Colorado during the last five (5) years.

3. General Firm Experience

a. Provide a brief description of as least three (3) projects with construction costs of at least $1,500,000 successfully completed within the last five (5) years with firm in the capacity of General Contractor. Exemplary projects provided should be similar to this project as described above (Section 1A and Appendix G) and in the following ways:

• Scope o Provide at least one project that is specifically related to steam systems upgrades

• Complexity o Projects should demonstrate complexity that includes mechanical systems that serve multi building

• Costs o Projects of at least $1,500,000

• Schedule o Provide at least one project with around a 2-month construction schedule

b. Project descriptions shall include:

• Gross square footage (GSF) / Brief project description

• Approximate construction cost

• Project owner’s name, address, and current phone number

• Project Architect’s or Engineer’s name and address and current phone number

• Approximate start and substantial completion dates

• Construction project manager and superintendent

c. Other related experience of the firm applicable to this RFP, for example: additional projects, team experience, etc.

4. Successful Project Completion

a. Indicate the number and dollar amounts of all delay claims, court, or arbitration judgements for and against your firm in the last five (5) years.

b. For all projects completed within the last five (5) years, where applicable, identify separately:

• Dollar amount of liquidated damages paid and project involved.

• Dollar amount of bonus received for early completion and project involved.

• The Contractor-requested change orders as percentage of the final contract cost, but not including changes to scope or schedule directed by the Owner.

5. Bonding Capacity and Insurance

Submit evidence from, or attested by, your bonding company that verifies your firm will have bonding capacity of $2,000,000 if this project is added to your current and anticipated workload. Bonding will be required of the bid amount and if awarded the contract, 100% Performance and 100% Labor and Material Payment Bonds will be required. Also verify that your company can meet the insurance requirements shown in the attachment in Appendix B.

6. Qualifications of Key Personnel

Provide information on the key personnel below proposed and intended for this project. If more than one person is proposed for each role, provide information on each.

• Project Manager o Resume o Experience: List of projects of similar size, type and systems o References: with current phone numbers, outside your company to verify experience o Will this person be available uninterrupted through project completion?

• Project Superintendent o Resume o Experience: List of projects of similar size, type and systems o References: with current phone numbers, outside your company to verify experience o Will this person be available uninterrupted through project completion?

7. Schedule Control

a. Describe firm’s schedule management system

b. Provide sample(s) schedule from previous similar project(s)

8. Current Workload and Capacity to Complete this Project

a. List current projects, dollar volume by project, and anticipated completion dates of current projects.

b. For projects within five (5) years, indicate the following for the largest amount at any one time:

• Total number of projects

• Total dollar amount of all projects

c. Estimate firm’s anticipated largest dollar volume if this project is added to current and anticipated volume. Estimate this project for this item at $1,000,000.

9. Projected Construction Period

a. See projected construction schedule in Section II.A.

b. Indicate firm’s ability to meet the above noted schedule and completion deadlines.

10. Project Management

Describe firm’s proposed project management system for this project.

Include the following:

• General organization

• Staffing roles

• Commitment of key personnel and resources including a description of trades provided internally to your organization

• Responsibilities

• Plan for management and control of subcontractors

• Reporting systems to Owner and Architect/Engineer o General communications o Actual progress o Problems resolution o Costs

• Quality control/assurance

• Project closeout

11. Performance Following Pre-qualification

Provide a separate list of three (3) Design/Bid/Build projects similar to this project for which firm has been selected during a pre-qualification process.

12. Percentage of Local Subcontractor Involvement

a. Provide an estimate percentage of local subcontractor involvement that you anticipate can be accomplished and certified as part of the bid. Local involvement shall be defined as any subcontractors within a seventy-five (75) mile radius of the building site. If pre-qualified, contractors will be required to equal or exceed the percentage proposed.

b. Provide a list of potential major-trade subcontractors, including MEP, structural, civil/earthwork, exterior envelope, and landscaping, that the General Contractor has previously used to complete similar projects.

13. Apprenticeship Training Program (if applicable)

Where an Apprentice Training Program certified by the Office of Apprenticeship located in the Employment and Training Administration in the United States Department of Labor exists in the State, or a comparable program for the training of apprentices is available in the State:

a. Firm shall demonstrate access to the certified program or a comparable alternative (Note that it is the responsibility of the submitter to demonstrate the comparability of a non-certified program) and,

b. Subcontractors at any tier with a contract value of two hundred fifty thousand dollars ($250,000) or more shall demonstrate access to the certified program or a comparable alternative.

Complete and sign the applicable version of form and insert at back of submittal.

G. NOTES FOR SUBCONTRACTOR QUALIFICATIONS

1. Subcontractor Listing

a. General Contractor Qualification Submissions must include a list of potential major-trade subcontractors, and that the General Contractor has worked with to complete previous, similar projects.

b. Bid Proposals will be required to include a list of the subcontractors proposed for the project. Submitted bids without this list may be considered non-responsive.

2. The Contract Documents will require that the successful bidder submit the qualifications of subcontractors as listed for General Contractors in Section II.F.1.abc above, within seventy-two (72) hours of the opening of bids for approval by the Architect/Engineer and the Department of Facilities Management, University of Colorado Boulder.

3. Subcontractors will be required to meet the same minimum project experience requirements as listed for General Contractors in Sections I.A & I.B above; and must also meet certain requirements for their designated work as called for in the Contract Documents.

H. SHORT LIST

From the submittals received, a short list of qualified respondents shall be identified using the scoring indicated on the enclosed Evaluation Form Appendix A. Firms failing to meet the minimum required qualifications will not receive further consideration.

III. BIDDING (STEP II)

Bidding documents will be made available via BIDNET only to the pre-qualified, shortlisted firms. The project will be bid conventionally with the intent of awarding to the lowest responsible bidder.

IV. PREQUALIFICATION EVALUATION SUBMITTAL CRITERIA

The primary focus of the Prequalification evaluation will be firm capabilities.

Listed below, corresponding to the item numbers in Section II.F (Submittal Requirements), are the general criteria to be used to judge and score the submittals for pre-qualifications.

1. General Introduction

No scoring will be done regarding this item. However, submittals which do not include the requested information will be given no further consideration.

2. Location

Rev 09/2024

It is a minimum requirement to have continuously maintained a Colorado office for the last five (5) years, preference will be given to those Contractors with home offices located in Colorado.

3. General Firm Experience

It is a minimum requirement for pre-qualification that the General Contractor’s office shall have successfully complete three (3) projects of similar complexity as defined in Section IA and Appendix G. Meeting this requirement will suffice. However, scoring will occur on this item based on the number of projects in this category and based upon the extent that the projects match the minimum requirements as defined in Section II.F.3.a above.

4. Successful Project Completion

Scoring will be based upon the extent that judgements and damages paid, or bonuses received, indicate the ability to successfully complete projects. Failure to supply this information will disqualify the submittal from further consideration.

5. Bonding Capacity and Insurance

It is a minimum requirement for pre-qualification that the General Contractor provide evidence that it can bond a single project at $2,000,000 and have excess bonding capacity available. Also verify that the firm can meet the insurance requirements as outlined in Appendix B.

6. Qualifications of Key Personnel

Scoring will be based upon the indicated ability of the key personnel and based on experience to successfully manage and supervise the project. Failure to supply this information may disqualify the submittal from further consideration. Note that the Contract Documents issued for bid will contain a requirement to list Key Personnel to be assigned to the project for duration of the contract.

7. Schedule Control

This item has no minimum requirement. However, scoring will be based upon the indicated adequacy of the proposed system for the project. Failure to submit the requested information may disqualify the submittal from further consideration.

8. Current Workload/Capacity to Complete this Project indicated adequacy of the proposed system for the project. Failure to submit the requested information may disqualify the submittal from further consideration.

9. Projected Construction Period indicated ability to successfully meet this project’s projected schedule and completion deadlines. Liquidated damages, if applicable, are mentioned in Section I.B and/or Appendix D. Failure to submit the requested information may disqualify the submittal from further consideration.

10. Project Management

It is a minimum requirement that the General Contractor have a total quality management or an established quality control/assurance program in place. Scoring will be based upon the indicated ability of the management system to successfully complete this project at a high level of quality. Failure to submit the requested information may disqualify the submittal from further consideration.

11. Performance Following Pre-qualification

Scoring will be based on the number and type of projects your firm has been pre-qualified for and upon the extent that your firm has completed bid submittals following pre-qualification.

12. Percentage of Local Subcontractor Involvement

a. This item has no minimum requirement. However, scoring will be based upon the indicated ability to involve local subcontractors to successfully complete this project. Failure to submit the requested information may disqualify the submittal from further consideration.

b. This item will not be scored. However, failure to supply this information may disqualify the submittal from further consideration.

13. Apprenticeship Training Program (If applicable)

Where an Apprenticeship Training Program certified by the Office of Apprenticeship located in the Employment and Training Administration in the United States Department of Labor exists in the State, or a comparable program for the training of apprentices is available in the State:

c. Firm shall demonstrate access to the certified program or a comparable alternative (Note that it is the responsibility of the submitter to demonstrate the comparability of a non-certified program) and,

d. Subcontractors at any tier with a contract value of two hundred fifty thousand dollars ($250,000) or more shall demonstrate access to the certified program or a comparable alternative.

This item will not be scored. However, failure to supply this information may disqualify the submittal from further consideration.

15. Other (If needed)

Provide specific examples of how the firm has successfully improved diversity, equity and inclusion in their practice.

V. DESIGN/BID/BUILD CONTRACT INFORMATION

Rev 09/2024

A. Carefully review the Design/Bid/Build contract samples provided in Appendix B before initiating your response submittal. Any exceptions to the contract must be communicated formally in accordance with the written questions schedule noted in Section II.A.

B. Appendix E and F of this RFP includes mandatory State apprenticeship and prevailing wage requirements based on the construction value of the project.

C. The State reserves the right to make non-material changes to the appended model agreement, including additions and /or modifications that may be necessary to more completely describe the services defined or implied herein.

D. Any approved reimbursable expenses made under the terms of the final agreement shall be a direct pass-on cost with no adjustment to the fee described therein.

E. Any and all products, systems, methods, and procedures developed as a result of this agreement shall remain the exclusive property of the State.

VI. ACKNOWLEDGEMENT AND ATTESTATION FORM

A. Several versions of the Acknowledgment and Attestation Form follow this section. Proper completion and inclusion of the appropriate form is a mandatory requirement for consideration.

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

End of RFP

ACKNOWLEDGEMENT AND ATTESTATION FORM

(Partnership Format)

Date: ______________________________

By responding to this RFP, the respondent(s) certify that he/she has reviewed the Design/Bid/Build sample contract, 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

1)___________________________________________ Partner Signature

Typed Name: _________________________

2)___________________________________________ Partner Signature

Typed Name: _________________________

Notary: ________________________________________________ ________________ Date

Commission Expires: _____________________________________

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

(Joint Venture Format)

Date: ______________________ sample contract, and its exhibits contained herein, and is familiar with their terms and conditions and

Subscribed on _______________________________ at _________________________, ___________________________, State of _____________________________________.

County State

1)_______________________ ______________________ _________________ Venture Partner Binding Signature Date

________________________ Typed Name: _____________________________ Type of Business Title: ____________________________________

Witness Date

Typed Name: _____________________________

2)_______________________ ______________________ _________________ Venture Partner Binding Signature Date

________________________ Typed Name: _____________________________ Type of Business Title: ____________________________________

Witness Date

Typed Name: _____________________________

Note:

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.

(Corporate Format) sample contract, and its exhibits contained herein, and is familiar with their terms and conditions and

___________________________, State of _____________________________________.

Corporate Officer Signature Date

Secretary Date

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

(SEAL)

(Sole Proprietorship Format) sample contract, and its exhibits contained herein, and is familiar with their terms and conditions and

___________________________, State of _____________________________________.

Respondent Date

Typed Name: ________________________

Notary: ______________________________ ____________________________ Date

Commission Expires: ___________________

Appendix A

PREQUALIFICATION SUBMITTAL/EVALUATION FORM

DESIGN/BID/BUILD GENERAL CONTRACTOR SERVICES

Name of Firm: _________________________________________________________________ __ Name of Project: __UCB001176-MULTI-C4C-FRND-Steam Conversion-2025___________________ Evaluator No: _________________________________________ Date: _______________________

RFP REFERENCE

MINIMUM REQUIREMENTS Y _____ N _____

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

SCORE Weight2 x Rating3 = Score

1. GENERAL INTRODUCTION Y _____ N _____

2. LOCATION

Colorado office during last five (5) years 1 x =

3. GENERAL FIRM EXPERIENCE

Project #1 5 x =

a. GSF / Functional Use d. A/E Firm

b. Construction Cost e. Schedule

c. Owner f. Team

Project #2 5 x =

a. GSF / Functional Use d. A/E Firm

Project #3 5 x =

a. GSF / Functional Use d. A/E Firm

Related experience of the firm 5 x =

4. SUCCESSFUL PROJECT COMPLETION

Delay claims, court, or arbitration judgements 3 x = Early completion 3 x = Percentage of contractor requested change orders 5 x =

5. BONDING CAPACITY AND INSURANCE

Bonding capacity 4 x = Insurance requirement 4 x =

6. QUALIFICATIONS OF KEY PERSONNEL

Qualifications and relevant experience of project manager 5 x = Qualifications and relevant experience of superintendent 5 x = Qualifications and relevant experience of other 5 x =

7. SCHEDULE CONTROL

Schedule management system 3 x = Sample schedules 2 x =

8. CURRENT WORKLOAD

Ability to add project to current workload 3 x =

9. PROJECTED CONSTRUCTION PERIOD

Ability to meet proposed schedule 4 x =

10. PROJECT MANAGEMENT

General organization / staffing / responsibilities Commitment of personnel and resources 4 x = Management plan / subcontractor control 3 x = Reporting systems 2 x = Quality control / assurance 3 x = Project closeout 4 x =

11. PERFORMANCE FOLLOWING PRE-QUALIFICATION

Number of projects pre-qualified 2 x = Number of pre-qualified projects bid 3 x =

12. PERCENTAGE OF LOCAL SUBCONTRACTOR INVOLVEMENT

Ability to involve local subcontractors 3 x = Provided list of subcontractors Y N

13. APPRENTICESHIP PROGRAM (if applicable)

Demonstrate access or comparable alternative 3 x =

14. ACKNOWLDEGMENT AND ATTESTION Y N

15. DIVERSTY, EQUITY AND INCLUSION 1 x =

TOTAL SCORE: ________

NOTES:

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 with 5 being the highest rating. (Use whole numbers)

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.

Appendix B

CONTRACTOR’S DESIGN/BID/BUILD AGREEMENT

(SC-6.21)

THE GENERAL CONDITIONS OF THE CONTRACTOR’S DESIGN/BID/BUILD AGREEMENT

(SC-6.23)

UNIVERSITY OF COLORADO BOULDER SUPPLEMENTAL TERMS AND CONDITIONS

TO THE SC-6.21 AND SC-6.23

Attached herein.

(These three docs are to be included as part of the RFP.)

SC-6.21

Rev. 01/2024

STATE OF COLORADO

CONTRACTOR'S AGREEMENT

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

(STATE FORM SC-6.21)

STATE AGENCY: University of Colorado Boulder

DEPARTMENT ID: GFB

CONTRACT ID #: N/A

PROJECT #:

PROJECT NAME:

VENDOR NAME:

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

Rev. 01/2024 TOC

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.21)

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

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

SIGNATURE PAGE

RECITALS: ......................................................................................................................................... A 1 ARTICLE 1 PERFORMANCE OF THE WORK ................................................................................... A 2 ARTICLE 2 PROVISIONS OF THE CONTRACT DOCUMENTS ............................................................ B 3 ARTICLE 3 TIME OF COMPLETION ............................................................................................... B 4 ARTICLE 4 ESSENTIAL CONDITION .............................................................................................. B 5 ARTICLE 5 CONTRACT SUM ........................................................................................................ B 6 ARTICLE 6 CONTRACT DOCUMENTS ........................................................................................... B 7 ARTICLE 7 OPTIONAL PROVISIONS AND ELECTIONS .................................................................... B

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

7.2 MODIFICATION 1 OF ARTICLE 27: Labor and Wages .......................................................................... C

7.3 MODIFICATION 2 OF ARTICLE 27: Labor and Wages .......................................................................... C

7.4 MODIFICATION OF ARTICLE 39: Non-Binding Dispute Resolution – Facilitated Negotiations ........... C

7.5 MODIFICATION OF ARTICLE 45: Guarantee Inspections After Completion ....................................... C

7.6 MODIFICATION OF ARTICLE 46: Time of Completion and Liquidated Damages ................................ C

8 ARTICLE 8 NOTICE IDENTIFICATION ............................................................................................ D

EXHIBIT A: CONTRACTORS BID

EXHIBIT B: PERFORMANCE BOND

EXHIBIT C: LABOR AND MATERIAL PAYMENT BOND

EXHIBIT D: INSURANCE CERTIFICATE(S)

EXHIBIT E: BUILDING CODE COMPLIANCE POLICY

EXHIBIT F: STATE SALES AND USE TAX FORM

EXHIBIT G: APPLICABLE PREVAILING WAGE DETERMINATIONS AND APPRENTICESHIP

CONTRIBUTION RATES

EXHIBIT H: APPRENTICESHIP UTILIZATION CERTIFICATIONS

SUPPLEMENTARY GENERAL CONDITIONS: UNIVERSITY OF COLORADO BOULDER (Supersedes State Contract Requirements) General Conditions of the Design/Bid/Build (DBB) Agreement (Form SC-6.23)

SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS

Rev. 1/2024 1

SIGNATURE PAGE

THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT

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 Contractor hereby swear and affirm that they are authorized to act on Contractor’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.

Project Number/Name:

CMS Contract ID No.: N/A

CONTRACTOR

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:_____________________

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

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

(STATE FORM SC-6.21)

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

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

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

RECITALS:

WHEREAS, the Principal Representative intends to engage the services of a Contractor for the hereinafter called the Project; and

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

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

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

1 ARTICLE 1 PERFORMANCE OF THE WORK

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

2 ARTICLE 2 PROVISIONS OF THE CONTRACT DOCUMENTS

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

3 ARTICLE 3 TIME OF COMPLETION

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

4 ARTICLE 4 ESSENTIAL CONDITION

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

5 ARTICLE 5 CONTRACT SUM

The Contractor shall be paid for the performance of this Agreement, subject to any additions and deductions as provided for in Articles 32, 34 and 35 of The General Conditions of the Construction Contract SC-6.23, the sum of DOLLARS AND NO/100 ($ ).

Description of Work/Date Dollar Amount Base Contract Amount Alt. #01 Alt. #02

Total Contract Sum -$

6 ARTICLE 6 CONTRACT DOCUMENTS

The Contract Documents, as enumerated in Article 1.1 of The General Conditions of the Contractor’s Design/Bid/Build (D/B/B) Agreement (SC-6.23), (the “General Conditions”). The Contract Documents, including the General Conditions, are all essential parts of this Agreement and are fully incorporated herein.

7 ARTICLE 7 OPTIONAL PROVISIONS AND ELECTIONS

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

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

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

☒ ______ Principal Representative initial

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

If the box is marked, the Buy Clean Colorado Act shall be applicable to the Project. The contractor is responsible for submitting Environmental Product Declaration (EPD) information for all eligible materials to be used on the project.

☒ ______ Principal Representative initial

7.3 MODIFICATION 1 OF ARTICLE 27: Labor and Wages

If the box is marked, the Federal Davis-Bacon Act shall be applicable to the Project. The minimum wage rates to be paid on the Project shall be furnished by the Principal Representative and included in the Contract Documents.

☐ ______ Principal Representative initial

7.4 MODIFICATION 2 OF ARTICLE 27: Labor and Wages

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

☒ ______ Principal Representative initial

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

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

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

☐ ______ Principal Representative initial

7.6 MODIFICATION OF ARTICLE 45: Guarantee Inspections After Completion

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

☐ ______ Principal Representative initial

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

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

7.7.1 Inability To Use The Project

For the inability to use the Project, for each day after the number of calendar days specified in the Contractor’s bid for the Project and the Agreement for achievement of Substantial Completion, until the day that the Project has achieved Substantial Completion and the Notice of Substantial Completion is issued, the Contractor agrees that an amount equal One Thousand and 00/100 Dollars ($1,000). shall be assessed against Contractor from amounts due and payable to the Contractor under the Contract, or the Contractor and the Contractor’s Surety shall pay to the Principal Representative such sum for any deficiency, if amounts on account thereof are deducted from remaining amounts due, but amounts remaining are insufficient to cover the entire assessment.

7.7.2 Damages Related to Extended Closeout

For damages related to or arising from additional administrative, technical, supervisory and professional expenses related to and arising from the extended closeout period, for each day in excess of the number of calendar days specified in the Contractor’s bid for the Project and the Agreement to finally complete the Project as defined by the issuance of the Notice of Final Acceptance (after the issuance of the final Notice of Substantial Completion), the Contractor agrees that an amount equal to Five Hundred and 00/100 Dollars ($500.00). shall be assessed against Contractor from amounts due and payable to the Contractor under the Contract, or the Contractor and the Contractor’s Surety shall pay to the Principal Representative such sum for any deficiency, if amounts on account thereof are deducted from remaining amounts due but amounts remaining are insufficient to cover the entire assessment.

8 ARTICLE 8 NOTICE IDENTIFICATION

All Notices pertaining to this Agreement and the General Conditions (SC-5.23) or…