SC5.1 AE 2023_1.docx

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT Comment by State Buildings Program: Note to Drafters: Gray highlighted sections are fillable fields. To use those fields, use “protect document” to restrict editing to “filling in forms”, then type in the appropriate field. If the document is unprotected, then typing in the field will delete that field and replace it with the text typed.

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

(STATE FORM SC-5.1)

ATTACHMENT 1: Architect/Engineer Agreement Terms and Conditions, SC-5.1TC Comment by State Buildings Program: Note to Drafter: Always include the SC-5.1TC Terms and Conditions in the electronic envelope or as a hard copy attached to this base agreement.

SC-5.1TC AE

Rev. 02/2022 2

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

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

SC-5.1

Rev. 03/2023 TOC

SC-5.1

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 Architect/Engineer hereby swear and affirm that they are authorized to act on Architect/Engineer’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.

ARCHITECT/ENGINEER*

INSERT-Legal Name of Consultant

By: Name & Title of Person Signing for Consultant

Date: _________________________

STATE OF COLORADO

Jared S. Polis, Governor INSERT-Name of Agency or IHE INSERT-Name & Title of Head of Agency or IHE

By: Name & Title of Person Signing for Agency or IHE

Date: _________________________

DEPARTMENT OF PERSONNEL & ADMINISTRATION

STATE BUILDINGS PROGRAM State Architect (or authorized delegate)

By: Name & Title of SBP Delegate

Date: _________________________

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) or the Financial Officer for Institution of Higher Education

STATE CONTROLLER Comment by State Buildings Program: Note to Drafters: If this contract is for a university that is outside of State Fiscal Rule, insert the title of the individual who is allowed to financially obligate the university.

Robert Jaros, CPA, MBA, JD

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

Effective Date:_____________________

Rev. 03/2023 1

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

(STATE FORM SC-5.1)

PARTIES. THIS AGREEMENT is entered into by and between the STATE OF COLORADO, acting by and through the Insert Department's or IHE's Full Legal Name hereinafter referred to as the Principal Representative, and Insert Contractor's full Legal Name including "Inc.", "LLC" etc. having its offices at Street address, City, State and Zip Code hereinafter referred to as the Architect/Engineer.

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

RECITALS:

WHEREAS, the Principal Representative intends to procure Insert Project Name as provided by the State Controller's Officehereinafter called the Project; and

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

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

(WHEREAS, funds are available for only a portion of the services defined herein, as more fully described in the funding Condition Precedent clause in Article 3.5) Comment by State Buildings Program: Note to Drafters: If the Condition Precedent clause is to be used REMOVE the parenthesis and the italics.

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

WHEREAS, the Principal Representative has established the Fixed Limit of Construction Cost in the amount of Insert dollar value written in words Dollars ($ ) and Comment by State Buildings Program: Note to Drafters: The Fixed Limit of Construction should be the amount the Architect./Engineer shall be confined to design within.

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

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

NOW, THEREFORE,

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

ARTICLE 1 BASIC SERVICES OF ARCHITECT/ENGINEER

THE SERVICES

1.1.1 Professional Services

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

DEVELOPMENT OF THE PROJECT

1.2.5.6 Bidding Phase Comment by State Buildings Program: Note to drafter: remove the word “electronic” if hard copies are desired.

If electronic sets will be used – REMOVE ELECTRONIC FORMATING The Architect/Engineer shall furnish copies of the Construction Documents as follows, subject to limitations hereinafter set forth:

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

For Contract Documents: The Principal Representative will require up to ( ) electronic sets. The Contract Documents bearing the seal and the signature of the Architect/Engineer and the appropriate responsible professional Engineering Consultants are to be signed by the Contractor and the Principal Representative at the Contractor's contract signing conference. The Architect/Engineer acknowledges that prior to the contract signing conference and State Buildings Program authorizing the Notice to Proceed State Form SBP-6.26, a Letter of Compliance must be obtained from the State’s Code Review Agent verifying that the contract Documents and all addenda, value engineering recommendations and all other changes to the bidding documents are in compliance with the applicable codes as adopted by State Buildings Program as indicated in Exhibit C.

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

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

2 ARTICLE 2 REIMBURSABLE EXPENSE

REIMBURSEMENT

2.1.1 Basic and Additional Services

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

2.1.2 Items for Reimbursement

The Architect/Engineer shall be reimbursed for:

1. In accordance with the provisions of paragraph 1.2.5.6 (d) of this Agreement, for all copies over ( ) of the Construction Documents which are provided for the project. Comment by State Buildings Program: This amount should be the total of all sets in Article 1.2 The costs of all items furnished by the Architect/Engineer in accordance with paragraphs 5.1.1 (d) and (e) of the Architect/Engineer Agreement Terms and Conditions Design/Bid/Build (SC-5.1TC) as requested by the Principal Representative.

(c) Fees of special consultants if their employment is authorized in advance by the Principal Representative for other than the required architectural, structural, mechanical, electrical and civil engineering services; landscaping, if any; space planning/interior layout; and any other services included in this Agreement.

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

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

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

Expense of mail, deliveries, mileage for local travel other than that necessary for the performance of Basic Services, and expense travel for special consultants per Article 1.1 Basic Services of Architect/Engineer. Reimbursement of travel expenses is to be based on reasonable and necessary travel costs within the limits of State/Federal per diem rates as published in the travel section of the State Controller’s Fiscal Rules, Meal and Incidental Per Diem Rates, Appendix A1.

Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Principal Representative in excess of that required in Article 8.

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

3 ARTICLE 3 BASIS OF COMPENSATION

3.1 PAYMENT

3.1.1 The Total Compensation

The total compensation for Basic Services fees (B through F), including a not-to-exceed price for Reimbursable Expenses and, if applicable, Pre-Design and Post Construction Services fees (A and/or G), shall be allocated as follows: Comment by State Buildings Program: Note to Drafter: The Architect/Engineer shall provide their services broken out by design phase NOT by discipline. Comment by State Buildings Program: Note to Drafter: This table is an embedded Excel file. Double-click on the table. When complete with editing, place the mouse outside the table and single click.

3.1.2 Monthly Payments

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

3.5 CONDITION PRECEDENT Comment by State Buildings Program: Note to Drafters: If the Condition Precedent clause is to be used REMOVE the parenthesis and REMOVE the italics.

If not accepting the Condition Precedent strike out the language – DO NOT DELETE (At the time of the execution of this Agreement, there are sufficient funds budgeted and appropriated to compensate the Architect/Engineer only for performance of the services through and including Insert the phases that have been fully funded Therefore, it shall be a Condition Precedent to the Architect/Engineer's performance of the remaining services specified in Insert the parts of Article 1.2 that describes the services not fully funded_and the State's liability to pay for such performance, sufficient funding must be appropriated and made available to the Principal Representative for the Project prior to and, as a further Condition Precedent, a written Amendment is entered into in accordance with the State of Colorado Fiscal Rules, stating that additional funds are lawfully available for the project. If either Condition Precedent is not satisfied by , the Architect/Engineer's obligation to perform services for Insert the scope pf work or phases that will be completed as part of the Condition Precedent and the State's obligation to pay for such service is discharged without liability to each other. If funding is eventually made available after , the Architect/Engineer has no right to perform services under Insert the parts of Article 1.2 that describes the services not fully funded of this Agreement and the state has no right to require the Architect/Engineer to perform the said services.) Comment by State Buildings Program: Note to Drafter: Insert the latest date that the funds will be released and the Architect/Engineer is willing to hold their fee. Comment by State Buildings Program: Note to Drafter: Insert the last date the architect is willing to hold their fee. Comment by State Buildings Program: Note to Drafter: Insert the latest date that the funds will be released and the Architect/Engineer is willing to hold their fee. Comment by State Buildings Program: Note to Drafter: Insert the last date the architect is willing to hold their fee. Comment by State Buildings Program: Note to Drafter: Insert the latest date that the funds will be released and the Architect/Engineer is willing to hold their fee.

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

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

EXHIBIT A: ARCHITECT/ENGINEER PROPOSAL

ARCHITECT/ENGINEER PROPOSAL

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

Rev. 03/2023 Ex A

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

EXHIBIT B: WAGE RATES SCHEDULE

WAGE RATES SCHEDULE

(Attached)

SC-5.1

Rev. 03/2023 Ex B

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT

DESIGN/BID/BUILD

EXHIBIT C: APPROVED STATE BUILDING CODES

APPROVED STATE BUILDING CODES

Refer to the Office of the State Architect State Buildings Building Codes Webpage Exhibit A of the Code Compliance Policy dated including the Amendment to Chapter 1 of the International Building Code.

Rev. 03/2023 Ex C

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT

DESIGN/BID/BUILD

EXHIBIT D: CODE COMPLIANCE PLAN REVIEW PROCEDURES

CODE COMPLIANCE PLAN REVIEW PROCEDURES

Refer to the Office of the State Architect’s Building Codes Webpage for the Building Code Compliance Policy dated and the Code Compliance Plan Review Procedures dated , which is Exhibit B to the Building Code Compliance Policy.

The Office of the State Architect’s Building Codes Webpage may be found at:

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

SC-5.1

Rev. 03/2023 Ex D

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

EXHIBIT E: DESIGN REQUIREMENTS/FACILITIES PROGRAM PLAN/SUSTAINABILITY GOALS

DESIGN REQUIREMENTS/FACILITIES PROGRAM PLAN/SUSTAINABILITY GOALS

(Attached, as applicable)

Rev. 03/2023 Ex E

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

ARCHITECT/ENGINEER AGREEMENT DESIGN/BID/BUILD

SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS Comment by State Buildings Program: Note to drafter: REMOVE THIS PAGE if project is not funded by a federal grant.

Supplementary General Conditions Federal Provisions

SLFRF Federal Funds: Contractor Terms and Conditions Certification

SLFRF Federal Funds: Contractor Terms and Conditions

SC-5.1

Rev. 03/2023 image2.emf

Microsoft_Excel_97-2003_Worksheet.xls Sheet1

A. Pre-Design Phase (if applicable)

B. Schematic Design Phase

C. Design Development Phase

D. Construction Documents Phase

E. Bidding Phase

F. Contract Administration Phase

G. Post Construction Phase (if applicable)

H. Reimbursable Expenses (Not to Exceed)

TOTAL COMPENSATION $0.00

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