biddoc.pdf

Binney WPF Drying Bed #3 Solids Removal Bid-4769

City of Aurora

Finance/Purchasing Services, Suite 5700 15151 E. Alameda Parkway Aurora, Colorado 80012 Phone: 303-739-7100

INVITATION FOR BIDS: B-4769

CLASS/ITEM: 91070, 92645, 95896, 96871, 96245

DATE: September 23, 2026

Bid Deadline: 2:00 p.m. (MT), October 8, 2026

INVITATION FOR BIDS

The City of Aurora Water Department (“City”) is seeking bids from pre-qualified Prime Contractors for the removal and disposal of approximately 5,000 cubic yards (6,500 tons) of dried sludge from Solids Drying Beds #3 at the Binney Water Purification Facility (BWPF).

Detailed information is fully described in the scope of work.

Bid Submittals Bids shall be submitted electronically only through the Rocky Mountain a-Purchasing System (aka Bidnet at www.bidnetdirect.com/colorado} no later than 2:00 p.m. (MT) on October 8, 2026.

Please be advised that bid-submissions MUST be submitted through Bidnet to be considered responsive. The bid submittals shall be retained by the City and cannot be returned. If you need assistance with the registration or bid submittal upload process, contact Bidnet vendor support at 1-800-835-4603 or email eprocurementsupport@bidnet.com. No late bids will be considered.

Each electronic Bid submittal must consist of a copy of the Bid Pricing Form using only those forms provided in this invitation for bids solicitation.

Note: Vendors intending on serving as subcontractors, or material suppliers should not submit a bid under this bid solicitation request. This request process is designed for the pre-qualified Primary Contractors only. The City will not consider a contractor that intends to sub-contract for any portion of this work.

BIDS SHALL BE PREPARED AND WILL ONLY BE ACCEPTED ON FORMS SUPPLIED BY

THE CITY OF AURORA, COLORADO.

Bid submittals shall consist of:

BINNEY WATER PURIFICATION FACILITY DRYING

BED #3 SOLIDS REMOVAL

PRE-BID CONFERENCE AND SITE VISIT

A pre-bid conference is scheduled for 1:00 p.m., MDT, September 30, 2026 Location: Binney Water Purification Facility, 5070 S. Robertsdale Way, Aurora, Colorado 80016 Site Visit: 1:30 p.m. immediately following the pre-bid conference.

mailto:eprocurementsupport@bidnet.com

Questions regarding this Invitation for Bids will be accepted by e-mail only until October 5, 2026, by 2:00 p.m. When submitting questions, please reference B-4769 in the subject line of your email. Questions shall only be addressed to Heidi Ellis, Senior Procurement Agent, at: heellis@auroragov.org.

A TENTATIVE SCHEDULE of key dates for the project has been established as follows:

September 30, 2026 1:00 p.m. Pre-Bid Conference and Site Visit (In-Person) October 5, 2026 2:00 p.m. Submission of Questions Deadline October 8, 2026 2:00 p.m. Bids Due via Bidnet Week of October 26,2026 Work to Begin

It is understood that any/all changes or revisions to this IFB will be through written addendum from Purchasing Services and posted on Bidnet only.

BID BOND

Each Bid shall be accompanied by an appropriate guarantee in the form of a Bid Bond in an amount of not less than five percent (5%) of the amount of the Bid. In addition, the bid guarantee shall be accompanied in the same file as the bid.

PERFORMANCE BOND, PAYMENT BOND, AND INSURANCE CERTIFICATE

The Prime Contractor shall be required to execute and furnish a Performance Bond and separate Payment Bond within ten (10) calendar days from the date of the Notice of Award.

The Performance and Payment Bonds shall be written on forms provided by the City. The Attorney-in-Fact, who executes both the Performance and Payment Bonds on behalf of the Surety, shall affix to both Bonds a certified and current copy of Power of Attorney.

If the Prime Contractor fails to execute the Contract or fails to furnish the Performance and Payment Bonds and Insurance Certificates, the Bid Bond or other Bid Security shall be forfeited to the City.

If the Prime Contractor fails to comply with this section, the City has the right to award the Contract to another Prime Contractor, to re-bid the requirement or to cancel the Project.

PRE-QUALIFICATION

Prime Contractors have been pre-qualified for this Invitation to Bid under SOQ-25-4769B dated September 25, 2025. Bids shall not be accepted from Prime Contractors other than those pre-qualified Prime Contractors on this solicitation. This advertisement is for the sole purpose of identifying this procurement action to potential subcontractors who may wish to participate through the selected prime contractor. The pre-qualified contractors for this solicitation are as follows:

• NORM Services LLC

• Radiation Pros LLC mailto:heellis@auroragov.org

Bids submitted in response to this IFB by any other firm/contractor not listed above shall be considered non-responsive and automatically rejected by the City.

The City of Aurora reserves the right to reject any and all bids, to waive any informalities in the bids received, and to accept the proposal deemed most advantageous to the City of Aurora.

ESTIMATE OF QUANTITIES/AMOUNTS

These quantities/amounts are given solely as a basis for the computation of the not-to-exceed amount of the award. Quantities/amounts are not to be considered a commitment for delivery.

The Prime Contractor shall be obligated to honor all individual quantities/amounts from the City for the work noted on the award, through the contract award period. Quantities/amounts shown on the Bid Pricing Form are for evaluation purposes only and constitute no guarantee what quantities/amounts, if any, may actually be ordered.

The City estimates may increase or decrease according to the City’s actual needs during the award period. Any additional requirements in excess of these quantities/amounts may be subject to re-solicitation.

CONDITIONS OF AWARD

It is the intent of the City to award the lowest responsible bidder provided the bid has been submitted in accordance with the requirements of the bidding documents, judged to be fair and reasonable, and does not exceed the appropriated funds available. The City shall be the sole judge of the Prime Contractors qualifications, and whether the bid is in the best interests of the City.

The City may conduct such investigations as the City considers necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the Prime Contractor and award in accordance with the bidding documents to the City’s satisfaction within the prescribed time. The City may consider, but not be limited to operating costs, maintenance requirements, performance data, and guarantees of materials and equipment as part of its evaluation.

The City shall have the right in its sole discretion to terminate the award with or without cause.

This “Invitation for Bids,” shall be incorporated in the award by reference. No other documents, agreements, contracts, or addenda will be a part of this bid and/or award, unless authorized through Purchasing Services.

In determining the lowest dollar bid, the City will consider all acceptable bids on the basis of the net price to be paid after deduction of the any prompt payment discounts offered by a bidder.

THE CITY OF AURORA IS EXEMPT FROM STATE AND FEDERAL TAXES AND WILL

EXECUTE THE REQUIRED EXEMPTION CERTIFICATES.

Prompt payment discounts allowing less than 20 days for discount to apply shall not be considered as a cost factor in the evaluation of bids. In connection with any prompt payment discount offered, the time will be computed from date of receipt of correct invoice or receipt and acceptance of shipment.

PAYMENTS

The City’s normal payment procedures are Net 30 days from approval of a correct invoice, and acceptance of work. Therefore, the City is not obligated to accept any accelerated payment procedures on the contract that results from this bid. Further, any Prime Contractor stipulating accelerated payment procedures as a condition of their bid may be considered non-responsive and not considered for award.

LICENSES

The Prime Contractor, without additional expense to the City, shall be responsible for obtaining any necessary licenses and for complying with any applicable federal, state, and municipal laws, codes, and regulations in connection with the prosecution of the services. The Prime Contractor and any subcontractors, if applicable, will be required to obtain an Aurora Business License. The Prime Contractor shall provide the Aurora Business License number(s) to Heidi Ellis, Senior Procurement Agent, heellis@auroragov.org, within thirty (30) days of contract award.

AMENDMENTS TO THIS INVITATION FOR BIDS

The City of Aurora reserves the right to amend, by an addendum or addenda to this solicitation, at any time and/or a multiple number of times prior to the date set for receipt of the submission of bids. Addenda or amendments will only be posted and updated on the Rocky Mountain E- Purchasing System located at www.bidnetdirect.com/colorado . It shall be the responsibility of Prime Contractors to obtain all addenda from the Rocky Mountain E-Purchasing System. Parties obtaining bid information from other sources do so understanding that their information may be incomplete, inaccurate, or out of date and therefore wholly unreliable from a commercial perspective. Prime Contractors registered for the paid bidding notification service shall be notified either by fax or email depending on the service that they have subscribed to. It shall be the responsibility of prospective Contractors registered for the no charge, no notification service on the Rocky Mountain E-Purchasing System to monitor the Rocky Mountain E- Purchasing System for any addenda. Failure to do so may lead to reliance on incomplete, inaccurate, or out of date information when submitting bids subjecting such bids to automatic disqualification from consideration. If revisions are of such a magnitude to warrant, in the City of Aurora’s opinion, the postponement of the date for receipt of bids, an addendum will be issued announcing the new date.

STANDARD SERVICES AGREEMENT

Included in this IFB is a sample of the standard "Services Agreement,” used by the City. The successful Contractor will be required to sign this Agreement prior to commencing services.

THIRD PARTY AGREEEMENTS

NOTE: The Contractor shall not enter into any transaction that alters the terms and conditions of this contract by assigning, subletting, or transferring their obligation to any third party without written consent of the CITY (i.e., “Factoring Agreements” as prescribed by UCC (Uniform Commercial Code) C.R.S. § 4-9-607 (ii).

mailto:heellis@auroragov.org http://www.bidnetdirect.com/colorado

CONTRACTOR ACCEPTANCE OF THE INVITATION FOR BIDS

By submitting a response to this Invitation for Bids, the Contractor accepts all of the conditions described in this Invitation for Bids, including the Services Agreement, and agrees to abide by all final decisions made by the City.

CITY OF AURORA, COLORADO

Heidi Ellis, NIGP-CPP, CPPB, C-P.H.M.

Senior Procurement Agent

Attachments: Section I Scope of Service Section II Bid Pricing Form Section III Bid Bond Form Section IV Business Size Standard Form Section V Non-Collusion Affidavit Section VI W9 Section VII Supplier Conflict of Interest Section VIII Sample Service Agreement

The remainder of this page left blank intentionally

SECTION I

SCOPE OF WORK

Purpose:

The City of Aurora Water Department (“City”) is seeking bids from pre-qualified Prime Contractors for the removal and disposal of approximately 5,000 cubic yards (6,500 tons) of dried sludge from Solids Drying Beds #3 at the Binney Water Purification Facility (BWPF).

Project Background Solids Drying Beds #3 is utilized for drying concentrated solids produced by both the Aurora Reservoir Train flocculation and sedimentation basins and the South Platte precipitative softening clarifiers.

Scope of Work The Prime Contractor will be responsible for providing all services and equipment for loading, hauling, and disposing of water treatment plant residuals from Drying Bed #3 at the BPWF located at 5070 South Robertsdale Way, Aurora, Co 80016 to include, but not limited to:

• The Prime Contractor shall provide all necessary services, qualified personnel, equipment and supplies to manage and dispose of the residuals, and all required documentation concerning the transportation and final disposal location.

• The Prime Contractor shall keep the road clean during and upon completion of work.

• The Prime Contractor will be required to perform grading of the drying bed to provide an even and consistent surface.

• Upon completion of work, the Prime Contractor shall provide final elevations and submit a report documenting the final elevations.

• The Prime Contractor shall perform work under the scope of work in compliance with all applicable local, state, and federal laws and regulations. Services shall be performed during operating hours of 7:00 a.m. through 3:30 p.m. Monday - Friday.

• Prior to performing any services, the Prime Contractor shall coordinate with the City’s Project Manager.

Schedule The schedule for completing the loading, hauling, and disposing of water treatment plant residuals from Solids Drying Bed #3 at the BPWF shall be from October 26, 2026, to December 31, 2026.

The residuals will consist of residual water treatment materials which have been tested in accordance with Technologically Enhanced Naturally Occurring Radioactive Material (TENORM) policy. Colorado Department of Public Health and Environment (CDPHE) will provide written confirmation that the residuals may be disposed of without further testing.

The residuals have been tested and are determined to be Tier I type residuals. The definition for Tier I type residuals are as follows:

Tier I materials: Those that when tested have a gross alpha of less than 40 pCi/g may be approved to be exempt and may be disposed of in an approved municipal solid waste landfill or compost feed.

A detailed summary of disposal tier criteria is outlined in Table 3-1 of the guidance document.

https://cdphe.colorado.gov/hm/landfill-disposal-statistics

The summary of the TENORM Analytical Results for the waste will be provided to the Prime Contractor prior to beginning services.

The Prime Contractors must visit the site in person to evaluate quantity of solids to be removed.

The Prime Contractor may stockpile residuals inside of the confines of the drying bed but may not move the material out on to the land surrounding the drying bed. The drying bed residual material shall be removed down to an elevation that will be provided by the City’s Project Manager to the Prime Contractor. The Prime Contractor shall be solely responsible for all costs in completing any repairs to correct damage caused by the performance of these services. Any repairs must be inspected and approved by the City Project Manager.

Equipment

The Prime Contractor shall provide all materials and equipment necessary to accomplish the Scope of Services. The top layer of the drying bed is sand.

• The Prime Contractor shall ensure that all equipment is designed to operate on an 18" deep layer of sand without disturbing the geotextile fabric and/or underdrain system below the sand layer.

• The Prime Contractor shall operate the equipment to minimize the removal of sand from the drying bed. A series of rubber traffic cones are located throughout the drying bed, and the Prime Contractor shall not remove sand below the level of the top of the traffic cones.

Title to Wastes

Title to Wastes collected by the Prime Contractor shall be retained by the City as the generator/owner of the waste.

Facility Location for Disposal of Drying Beds 3 Residuals

The Prime Contractor will be responsible to use Waste Management of Colorado, lnc.'s, Denver, Arapahoe Disposal Site (DADS) Landfill Facility located at: 3500 South Gun Club Road, Aurora, CO 80018 for disposal of the residual materials (or an approved equal disposal facility/location).

The City reserves the right to reject any proposed alternate landfill/disposal site as deemed to be in its best interest.

https://cdphe.colorado.gov/hm/landfill-disposal-statistics

MISCELLANEOUS REQUIREMENTS

Solidification The City requires that only residual material meeting the paint filter test be removed and disposed of from the drying bed identified in the scope of work.

Invoicing The Prime Contractor hereby agrees to the following invoice requirements:

• The City requires one invoice to be submitted for payment of all work and services performed.

• The invoice shall be submitted after all work and services have been completed.

• The invoice shall include copies of each individual truck load scale ticket and individual manifest per truck from the approved landfill/disposal site for the disposal of the tier I residuals.

• The invoice shall also show an itemized breakdown of the following:

• Binney WPF Drying Bed #3 Tier I Residuals - Total number of Tons delivered to/disposed of at the approved landfill.

• The City’s payment terms are NET 30 upon receipt of an invoice that meets the invoicing requirements stated above.

• The City shall only pay for the actual quantities of residual material removed by the Prime Contractor from the drying bed. The total amount of residual materials to be removed shall not exceed 6,500 tons without the City's Project Manager prior written approval.

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SECTION II

BID PRICING FORM

Prime Contractors are required to identify their Bid Pricing for providing the required work in accordance with all the terms and conditions of this Invitation for Bid. Bid Pricing must be recorded in the spaces provided using only the Bid Pricing Form provided by the City. Prime Contractors that include additional line-item charges will be considered non-responsive.

The submitted Bid Pricing must include all licenses, labor/personnel, transportation, materials, supplies, dumping/disposal fees and costs, and any cost that is specified in the scope of work.

Pricing provided must remain firm for at least the first twelve months of the award. No additional charges will be reimbursed after contract award.

Estimated Unit Total Item Description Quantity Price Amount

1 Disposal of 5,000 cubic yards of residual 5,000 cu. yds. $_______ $_________ materials with an estimated total weight of 6,500 tons that meet the paint filters test for disposal at the DADS Landfill or an approved “equal” landfill or disposal site.

Landfill Name

24 Address/Disposal Site

Total Bid Amount $ ___________

Payment Terms: Net 30

SECTION II continues

BID SUBMITTAL SIGNATURE

In submitting this bid, it is understood that the right is reserved by the City of Aurora to reject any and all bids, and to waive any informality in bidding.

The undersigned further states that this proposal is made in good faith and is not founded on, or in consequence of, any collusion, agreement or understanding between themselves or any other interested party.

OFFICIAL ADDRESS:

(Firm Name)

(Type/Print Principal’s Name)

(Signature of Principal)

(Title)

(Date)

(Office Telephone Number or Cellular Number)

(Email)

SECTION III

BID BOND

KNOW ALL MEN BY THESE PRESENTS:

That as PRINCIPAL and hereinafter called the "Principal," and as SURETY and hereinafter called the "Surety,"

A Corporation organized and existing under the laws of and authorized to transact business within the State of Colorado as a

Surety, are held firmly bound unto the City of Aurora, Colorado, A Municipal Corporation, hereinafter called the "City," in the sum of ____ dollars ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. The condition of the above obligation is as follows:

WHEREAS, the Principal has submitted the accompanying Bid dated for work to be performed on Project Number , more fully described as _______________as set out in the accompanying Bid, and, WHEREAS, the City has required as a condition for receiving and considering said Bid that the Principal deposit with the City either a Certified Check, Cashiers Check or a Bid Bond in an amount equivalent to not less than five per cent (5%) of the amount of the Bid. The deposit is made on the condition that in the event the Principal is awarded a Contract for the work to be performed on the above-referenced Project and fails to execute the Contract Agreement and to provide the required Performance and Payment Bond and insurance Certificates within the time so stipulated in the Notice of Award, that the deposit will be forfeited by the Principal and Surety to the City as Liquidated Damages for the Principal's failure to enter into a binding Contract with the City.

NOW THEREFORE, if the Principal shall, if awarded a Contract, within the period specified therefore, execute the Contract Agreement and provide the required Performance and payment Bond and Insurance Certificates, or, pay to the City the sum of this Bond as Liquidated Damages, then this obligation shall be null and void and of no effect; otherwise this Bond shall remain in full force and effect.

Section III continued

BID BOND

Signed and Sealed this day of , 20 .

Principal:

By s/

Name:

Title:

Surety:

Address:

By ______ Attorney-in-Fact

Name:

Local Agent:

Address:

(A certified copy of the agent's Power-of-Attorney must be attached to this Bond)

City of Aurora

PERFORMANCE BOND

Bond Number: ________

Project Number:

Project Title:

Contractor: (“Principal”)

Located at

Telephone

Fax

E-mail address

Surety:

Licensed to do business as a SURETY in the State of Colorado (the “Surety”), Located at

Telephone

Fax

E-mail address

The Principal & Surety as identified above jointly and severally, bind themselves, their heirs, personal representatives, successors and assigns to the City of Aurora, Colorado, 15151 East Alameda Parkway, Aurora, Colorado, 80012, as obligee in the penal sum of

($ ) as adjusted by approved change orders (not to exceed 20% of principal bond amount unless expressly approved by the Surety) for the performance, (including liquidated damages) for the Construction Agreement dated .

The Surety guarantees and is obligated to the City, to the dollar amount of the Bond for:

A. All obligations and responsibilities of the Contractor arising from the terms and conditions of the Contract, including payment of liquidated damages, correction of defective work and completion of punch list items.

B. Costs incurred by the City for negotiations and settlement of claims with subcontractors where the Principal is in default.

C. Actual damages if Liquidated Damages are not specified.

D. Additional design, legal and delay costs incurred by the City for the default of the

Principal or for the Surety’s failure to act.

The Surety hereby agrees, that whenever the Principal is declared by the City to be in default, the Surety shall at the option of the City and in not more than 15 days:

(1) Promptly remedy the default; or

(2) Promptly complete the Contract according to terms; or

(3) Arrange for a contract with another contractor for the completion of the Contract that shall include the following:

a) Promptly obtaining fixed price proposal(s) for completing the Contract;

b) Receiving City approval for the selected contractor, such approval shall not be unreasonably withheld by the City;

c) Making sufficient funds available to pay for the cost of completion of the Contract.

The Surety may not engage the Principal to complete the Contract without written approval of the City.

The Principal and Surety agree that any modifications or changes, including any extension of time, to the terms and conditions of the Contract or any other forbearance shall not in any way release or affect the Surety’s liability.

The Surety waives notice of any modifications or changes including any extension of time to the Construction Contract or any related purchase orders.

This obligation shall be null and void, if the Principal has promptly performed all term, conditions and any other modifications or changes granted by the City, as approved by the City, otherwise this obligation shall remain effective.

The Surety’s total obligation shall not exceed the amount of this Bond and the amount of this Bond shall be credited for payments made by the Surety.

Any suit or legal action commenced subject or relating to this Bond shall be in a Court of competent jurisdiction in the State of Colorado.

Signed and sealed this day of .

Principal

Name

Signature

Title

Surety

Address

ATTEST:

Signature/Attorney-in-fact

Local Agent

City of Aurora

PAYMENT BOND

Bond Number: ________

Contractor: (“Principal”)

Located at

Telephone

E-mail address

Surety:

Licensed to do business as a SURETY in the State of Colorado (the “Surety”), Located at

Telephone

E-mail address

WHEREAS, the above named Principal and Surety have executed a Contract (including all appendices) dated for construction of the above Project No. and WHEREAS, this Bond is entered into in connection with the Contract.

The Principal and Surety jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns, to the City of Aurora, Colorado, 15151 East Alameda Parkway, Aurora, Colorado, 80012, to pay for all labor, materials, and equipment furnished for use in the performance of the Construction Contract referenced in the penal sum of

($ ) in lawful money of the United States, for the payment of which is to be made to the Obligees.

“Materials and equipment” shall include but not be limited to, utility, telephone, oil, gas, water services or rental equipment used in the performance of the Contract or in any item pursuant to which a verified statement of claim could be asserted.

Should the Principal or the Principals subcontractors fail to duly pay for any labor, materials team hire, services, provisions, patent infringements, supplies, or to pay any person who provides any rental machines, tools or equipment used or consumed by Principal or the Principals subcontract in the performance of the contract the Surety shall pay the unpaid amounts, not exceeding the sum specified in this Bond together with an interest rate of twelve per cent per annum, in accord with Colorado State Law, Section 38-26-106 C.R.S..

The Principal and Surety agree that any modifications or changes which may be made to the terms and conditions of the Contract or any extension of time for the performance of the Contract or any forbearance on the part of the City or the Principal, to each other, shall not in any way release the Principal and the Surety. Notice to the Surety of any such changes or extensions or forbearance is expressly waived by the Surety.

The obligation to the owner shall be null and void if the Principal and Surety:

(1) Defends, indemnifies and saves harmless the City from all claims and costs, demands, liens or suits by any person or entity whose claim, demand lien or suit is for the payment of all labor, materials equipment, services, and patent infringements, relating to, used or furnished for the performance of the Construction Contract; and

(2) Promptly made payment, for all sums due any claimant who has a direct contract with the Principal or with a subcontractor of the Principal.

This obligations arising from this Bond to any claimants who have a direct contract with the Principal or the Principal’s subcontractors shall be null and void if the Contractor makes payment for all outstanding sums that are due.

Any suit, claim or legal proceedings commenced by a Claimant pursuant to this Bond shall be in a court of competent jurisdiction in the State of Colorado.

This Bond shall be effective the day of .

Principal

Name

Signature

Title

Surety

ATTEST:

Signature/Attorney-in-fact

Local Agent

SECTION IV

REQUEST FOR BUSINESS STATUS

Please provide the information requested below.

The North American Industry Classification System (NAICS) code for this award is 562111.

The small business size standard the City of Aurora designates for this award is $6.5 Million U.S. dollars Employees

Identify the business size status of your firm based on the above small business size standard:

Large Business Small Business Enterprise

Please identify if your firm is in one of the following categories

Minority-owned vendor Woman-owned vendor Minority/woman-owned vendor Veteran Disabled Veteran Other

From what source did you learn about his solicitation to which you are now responding?

Website;

Newspaper (please name the paper);

Fax;

Automatic notice by E-mail;

Telephone call from buyer;

Other (please describe):

Name, address, phone #, e-mail of business, and point of contact preparing this information.

Prime Contractor

Point of Contact

Telephone Number or Cellular Number

E-mail

SECTION V

(REQUIRED BY ALL BIDDERS

TO BE SUBMITTED WITH BID)

NON-COLLUSION AFFIDAVIT

STATE OF COLORADO }

County of }

I, of

(firm name)

Being duly sworn, do depose and state, that I, or the firm association or corporation of which I am a member, a Prime Contractor, on the Contract to be awarded by the

City of Aurora of the State of Colorado, for that certain project designated as:

In the State of Colorado, have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

(signed)

Subscribed and sworn to before me this day of _____ , 20_____

Notary Public in and for Colorado My

Commission Expires:

SECTION VI

W9

All Prime Contractor must submit a completed W-9 form with their bid and can access an electronic version at the link below:

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf

City of Aurora – Supplier Conflict of Interest Certification

Solicitation Number (If Applicable): ____________________ Solicitation/Award Title & Date: __________________ Supplier Company Name: ______________________________

Certification of Conflict of Interest Pursuant to City Code Sec. 2-688 In connection with the submission of a quote, bid or proposal and prior to any award by the city of Aurora, the undersigned certifies the following:

Neither the company nor any officer, representative or employee involved in this solicitation or any resulting award, nor their immediate family members, are employed by the city of Aurora or have any personal, professional or financial relationship with the city or its employees that would create an actual or apparent conflict of interest. No other relationship or bias exists that would prevent performance solely on its merits or create an appearance of impropriety.

☐ Representation: I hereby certify that no officer, representative or employee involved in this solicitation or resulting award, nor their immediate family members, have a personal, professional or financial relationship with the city of Aurora, its employees or officials.

☐ Disclosure: I hereby disclose that one or more such individuals or their immediate family members have a personal, professional or financial relationship with the city of Aurora, its employees or officials.

If the above Disclosure box is checked, please describe the Relationship/Conflict:

Certification By signing below, I certify that the information provided on this form is true, complete and accurate to the best of my knowledge, and that I am authorized to bind the above-named firm to this certification. This certification applies only to officers, representatives or employees who participated in the preparation or submission of this solicitation response or who will perform work under any resulting award, and their immediate family members. I understand that failure to disclose a conflict of interest may result in disqualification or termination of any awarded contract.

Electronic signature is deemed equivalent to a handwritten signature for purposes of this certification.

Authorized Signature: ______________________________

Printed Name: ____________________________ Title: __________________________ Supplier Company Name: ______________________ Date: ______________________

Finance Department

Purchasing Division 15151 E Alameda Parkway Aurora, Colorado 80012

SECTION VII

SECTION VIII

SAMPLE AGREEMENT

SERVICE AGREEMENT

CITY OF AURORA

AURORA, COLORADO

TITLE:

FILE NO.: _______________________________________________

P.O. NO.: _______________________________________________

Service Agreement (REV. 10 2024)

TABLE OF CONTENTS

Section I Contractor Responsibilities and Basic Services

Section II The City's Responsibilities

Section III Mutual Obligations of the City and Contractor

Section IV Payment and Fee Schedule

Section V Charter, Laws and Ordinances

Section VI Termination of Contract

Section VII Change Orders or Extensions

Section VIII Equal Employment Opportunity

Section IX Special Conditions

Section X Insurance Requirements

Section XI Examination of Records

Section XII Indemnification

Attachment 1: City of Aurora Insurance Requirements

A G R E E M E N T

THIS AGREEMENT, made as of the ___ day of ___ in the year 20___ by and between the CITY OF AURORA, hereinafter called the CITY, and ___________________________ with its principal place of business at______________________________________, hereinafter called the CONTRACTOR, WITNESSETH, that whereas the CITY intends that the CONTRACTOR, upon written authorization as hereinafter specified, shall perform services as hereinafter provided; which are in accordance with the project scope and any addenda thereto, which scope of services by this CONTRACTOR together with addenda, if any, shall become a part of this Agreement.

NOW, THEREFORE, the CITY and the CONTRACTOR for the consideration hereinafter set forth agree as follows:

SECTION I - CONTRACTOR RESPONSIBILITIES AND BASIC SERVICES

A. The CONTRACTOR agrees to perform services in connection with projects as hereinafter stated.

Refer to Special Conditions where applicable.

B. All work to be performed by the CONTRACTOR shall be authorized in writing through the Office of Purchasing Services subject to award as provided by Ordinance.

C. Time of performance. The services to be performed under this Agreement shall be commenced immediately upon issuance of a Service Agreement and a Purchase Order from the CITY and shall be completed no later _______________unless extended by the CITY in writing.

D. The CONTRACTOR shall inform the CITY in writing of any additional firms it intends to hire to perform work in connection with this Agreement and shall keep the CITY informed on any changes or additions to this information. The CITY will approve any additional firms prior to commencement of work per this Agreement. The CONTRACTOR shall be responsible for the performance of the additional firm(s). Nothing contained herein shall create any contractual relationship between any additional firm(s) and the CITY.

E. Scope of Work:

F. The CONTRACTOR shall be responsible for any injury to persons or damage to property to the extent arising from negligent or otherwise wrongful acts or errors and omissions of the CONTRACTOR, its agents and employees. If the CONTRACTOR knows of the damage the CONTRACTOR shall immediately notify the CITY, in writing, at their principal place of business, through the signatory to this contract. If the CITY discovers the damage, the CITY shall immediately notify the CONTRACTOR, in writing, at their principal place of business, through the signatory to this contract. Repair shall be accomplished under City direction and to City specifications so property is in as good or better condition than before damage. The CONTRACTOR shall provide the CITY with a certificate of liability coverage in accordance per the attached form 410-33.

SECTION II - THE CITY'S RESPONSIBILITIES

The CITY shall:

A. Provide full information including detailed scope as to its requirements for the services.

B. Give prompt notice to the CONTRACTOR whenever the CITY observes or otherwise becomes aware of any discrepancies in the services provided.

C. Furnish, or direct the CONTRACTOR to provide at the CITY'S expense, any necessary additional services.

D. The CONTRACTOR is not liable for delays in performance which are caused by the CITY, the CITY’S contractors, or events which are outside the control of the parties and could not be avoided by the exercise of due care.

SECTION III - MUTUAL OBLIGATIONS OF THE CITY AND CONTRACTOR

A. This Agreement does not guarantee to the CONTRACTOR any work except as authorized in accordance with Section I above, or create an exclusive contract.

B. The services and any and all interests contemplated under this Agreement shall not be assigned, sublet or transferred without the written consent of the CITY.

C. The CONTRACTOR and any and all of its personnel utilized by the CONTRACTOR under the terms of this Agreement shall remain the agents and employees of the CONTRACTOR and are not, nor shall be construed to be, agents or employees of the CITY.

D. All documents prepared in connection with these services shall become the property of the City.

E. Any information identified by the City as confidential shall be kept confidential by the CONTRACTOR.

SECTION IV - PAYMENT AND FEE SCHEDULE

It is understood and agreed by and between the parties hereto, that the CITY shall pay the CONTRACTOR for services furnished, and the CONTRACTOR shall accept as full payment for such services, amounts of money computed as follows:

A. Total Compensation: The CITY agrees to pay and the CONTRACTOR agrees to accept for the services contained in Section I contracted herein a sum not to exceed Dollars ($0.00). This amount shall include all services rendered by the CONTRACTOR under this Agreement including all travel, living and overhead expenses incurred in connection with performing the services herein except for special services authorized in writing by the CITY. The sum above stipulated shall be considered a "Not to Exceed" cost to the CITY. CONTRACTOR shall submit an invoicing schedule to be approved by the Project Manager.

B. Upon submission of CONTRACTOR invoicing to the CITY, payment shall be issued. It is to be understood and agreed that the CITY may require up to 30 days to process payment after date of receipt of invoicing.

SECTION V - CHARTER, LAWS AND ORDINANCES

The CONTRACTOR, at all times, agrees to observe all applicable Federal and State Laws, Ordinances and Charter Provisions of the City of Aurora, and all rules and regulations issued pursuant thereto, which in any manner affect or govern the services contemplated under this Agreement.

SECTION VI - TERMINATION OF CONTRACT

A. TERMINATION FOR CAUSE

In the event a material breach of this Agreement remains uncured following reasonable notice of said breach, the non-breaching Party may terminate this Agreement upon written notice specifying the effective date thereof, provided the other party shall have at least ten (10) days to cure any such alleged breach. In the event CONTRACTOR illegally discriminates among or against any person or persons, no opportunity to cure such breach need be provided by the

CITY.

B. TERMINATION FOR GOVERNMENTAL CONVENIENCE

1. Change in CITY Policy. The CITY may terminate this Agreement at any time upon reasonable notice specifying the date thereof, provided the CONTRACTOR shall be compensated in accordance with this Agreement for all work performed up to the effective date of termination.

2. Non-Appropriation of Funds. The terms and conditions of this Agreement are subject to annual appropriation by the Aurora City Council.

3. The City’s liability for termination of this Agreement shall not exceed the total amount of this Agreement.

C. EFFECT OF TERMINATION

1. Ownership of Work Product. In the event of termination, all finished and unfinished work product(s) prepared by CONTRACTOR pursuant to this Agreement shall become the sole property of the CITY, provided the CONTRACTOR is compensated in accordance with this Agreement for all work performed in accordance with this Agreement up to the effective date of termination. CONTRACTOR shall not be liable with respect to the CITY’S subsequent use of any incomplete work product, provided CONTRACTOR has notified the CITY in writing of the incomplete status of such work product.

2. CITY’S Right to Set-Off and other Remedies. Termination shall not relieve CONTRACTOR from liability to the CITY for damages sustained as the result of CONTRACTOR’S breach of this Agreement; and the CITY may withhold funds otherwise due under this Agreement in lieu of such damages, until such time as the exact amount of damages, if any, has been determined.

SECTION VII - CHANGE ORDERS OR EXTENSIONS

A. The CITY may, from time to time, require changes in the scope of the services of the CONTRACTOR to be performed herein. Such changes, including any increase or decrease in the amount of the CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and the CONTRACTOR, shall be incorporated in written Change Orders or Extensions to this Contract.

B. If the CONTRACTOR determines that a request by the CITY during the course of completing the services defined herein is not included in the scope of services defined in Attachment A, the CONTRACTOR shall submit to both the CITY’s Project Manager and the Manager of Purchasing Services, in writing, a claim within three (3) business days of the CITY’s request or of the event that prompted the proposed change.

C. A claim is any demand, contention, or assertion by the CONTRACTOR seeking additional time or money under the contract. Claims by the CONTRACTOR must be made in writing as specified herein. Claims from the CONTRACTOR must contain all of the following:

1. A narrative statement referencing and attaching the supporting documentation and specifically describing the legal, factual and contractual basis of the claim;

2. If the claim alleges delay to the work, the claim must include the precise number of days claimed, all alleged impacts, financial or otherwise, on the work, and the specific amount of money, if any, claimed as a result of the delay as well as a detailed critical path schedule analysis illustrating that the delays claimed were on the critical path of the project;

3. If the claim alleges acceleration or constructive acceleration of the work, the claim must include the precise number of days time extension the CONTRACTOR contends it would have been entitled to receive, but for the acceleration, and the precise number of days by which the work has been accelerated. No claims for acceleration for work that is not on the critical path shall be permitted. Claims for acceleration must be accompanied by a detailed CPM analysis. Claims for acceleration shall be limited to the premium portion of labor costs incurred for overtime.

D. If the claim is for additional compensation, the claim must include a detailed calculation of the precise amount claimed with all supporting documentation. All claims must reference the specific contract provisions relied upon to support the claim. All claims must specifically reference, by name, this Section VII and the fact that the claim is being submitted under this Section VII. Any writing or other form of notice, however designated, which fails to specifically reference this Section VII, by name, shall not be deemed to constitute a valid claim hereunder.

E. Items 1, 2, 3, and 4 above shall hereinafter be referred to as the “Final Accounting.” A claim must be made in writing within three (3) business days after the occurrence of the event giving rise to the claim or the right to submit a claim is waived. The CONTRACTOR shall submit all information reasonably available that is otherwise required in the Final Accounting at the time of the claim. Failure to timely provide the Final Accounting shall constitute a waiver of the claim.

F. All requests for additional time or money by the CONTRACTOR shall be considered a separate claim and shall follow the claim procedures specified above. All information required in the Final Accounting must be submitted within the time limits established herein, and no supplementation of the information shall be permitted. Any attempted reservation of the right to submit or supplement an earlier made claim shall be void.

G. After review of the claim, the CITY shall make a decision whether the CONTRACTOR is entitled to a Change Order. If in the opinion of the CITY, the CONTRACTOR is entitled to a Change Order, the Project Manager shall initiate a written Change Order. CONTRACTOR shall not proceed with the work pursuant to such claim until receipt of written approval from the Project Manager. If in the opinion of the CITY, the CONTRACTOR is not entitled to a Change Order, the CONTRACTOR shall receive notice of the decision in writing from the Project Manager within five (5) business days of receipt of the claim by the City. The CONTRACTOR may submit an appeal of the decision in writing to the Manager of Purchasing Services within five (5) days of receipt of the decision from the Project Manager.

H. Claims shall be faxed with return acknowledgement or hand delivered to the following:

And

Manager of Purchasing Services City of Aurora Office of Purchasing Services 15151 E. Alameda Parkway, Suite 5700 Aurora, CO 80012

SECTION VIII - EQUAL EMPLOYMENT OPPORTUNITY

A. The CONTRACTOR will not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, age, sex (gender), religion, creed, or physical or mental disability. The CONTRACTOR may adhere to lawful equal opportunity guidelines in selecting employees, provided that no person is illegally discriminated against on any of the preceding bases.

This provision shall govern, but shall not be limited to, recruitment, employment, promotion, demotion, and transfer, and advertising therefor; layoff or termination; rates of pay or other compensation; and selection for training, including apprenticeship. The CONTRACTOR shall post, in all places conspicuous to employees and applicants for employment, notices provided by the State of Colorado setting forth the provisions of this nondiscrimination clause.

B. All solicitations and advertisements for employees placed by or on behalf of the CONTRACTOR, shall state that CONTRACTOR is an equal opportunity employer.

C. The CONTRACTOR shall cause the foregoing provisions to be inserted in all subcontracts for any work contemplated by this Agreement or deemed necessary by CONTRACTOR, so that such provisions are binding upon each subcontractor.

D. The CONTRACTOR shall keep such records and submit such reports concerning the racial and ethnic origin of employees and of applicants for employment as the U.S., the State of Colorado, the City of Aurora, or their respective agencies may require.

E. The CONTRACTOR shall comply with such rules, regulations and guidelines as the United States, the State of Colorado, the City of Aurora, or their respective agencies may issue to implement these requirements.

F. By executing this agreement, CONTRACTOR acknowledges an understanding of and expressly agrees that all work performed under this Agreement is that of an independent contractor. An independent contractor is not a City of Aurora employee and as such is not entitled to Workers’ Compensation benefits. CONTRACTOR is obligated to pay Federal and state income tax on any monies earned pursuant to the contractual relationship. It is expressly understood between the City of Aurora and CONTRACTOR that CONTRACTOR, as an independent contractor, is not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by CONTRACTOR or some entity other than the City of Aurora, Colorado.

SECTION IX - SPECIAL CONDITIONS

Not Used.

SECTION X - INSURANCE REQUIREMENTS

A. The CONTRACTOR shall provide the appropriate certificates of insurance and Worker Compensation documents, at no cost to the City, as described on Attachment #1. The CONTRACTOR further agrees and understands that they are to maintain and keep in force the appropriate insurance certificates throughout the term of this Agreement.

B. The Contractor’s policy will be primary and non-contributory with respect to any and all insurance policies purchased by the City.

SECTION XI - EXAMINATION OF RECORDS

This clause applies if this contract agreement exceeds $10,000.00.

A. The Internal Auditor of the City of Aurora, or a duly authorized representative from the City of Aurora shall until three (3) years after final payment under this contract agreement have access to and the right to examine any of the contractor/contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract agreement.

B. The contractor agrees to include in first-tier subcontracts under this contract agreement a clause to the effect that the City's Internal Auditor, or a duly authorized representative from the City of Aurora shall, until 3 years after final payment under the subcontract have access to and the right to examine any of the contractor's directly pertinent books, documents, papers, or other records involving transactions related to the subcontract. "Subcontract," as used in this clause, excludes (1) purchase orders not exceeding $10,000.00 and (2) subcontracts or purchase orders from public utility services at rates established to apply uniformly to the public, plus any applicable reasonable connection charge.

C. The periods of access and examination as noted above for records relating to (1) litigation or settlement of claims arising from the performance of this contract agreement, or (2) costs and expenses of this contract agreement to which the City's Internal Auditor, or duly authorized representative from the City of Aurora has taken exception, shall continue until such appeals, litigation, claims, or exceptions are disposed of.

SECTION XII – INDEMNIFICATION

A. To the fullest extent permitted by Laws or Regulations, Contractor shall indemnify, defend and hold harmless the City and the City’s Contractor(s), their officers, directors, agents and employees from and against all Claims, damages, losses, and expenses, direct, indirect or consequential…