Notice of Invitation For Bids-Transmission Mains Condition Assessement _ Valve Program.pdf

City of Aurora Purchasing Services, Suite 5700 15151 E. Alameda Parkway Aurora, Colorado 80012 Phone: 303-739-7100 Fax: 303-739-7509 www.auroragov.org

August 7, 2025

NOTICE OF INVITATION FOR BIDS

PROJECT NO. 6075A

ON-CALL CONSTRUCTION III:

2025 Transmission Mains Condition Assessment & Valve Program

This posting is strictly for the prequalified contractors for the On-Call Construction III Program, under category Pipeline Repairs / Replacement (Direct Bury) as follows:

BT Construction, Inc.

Concrete Express, Ins. dba CEI Garney Companies, Inc.

Miller Pipeline, Inc.

T. Lowell Construction, Inc.

Please see attached Bid Documents with specifications for the 2025 Transmission Mains Condition Assessment & Valve Program. Also attached are the Instructions To Bidders and insurance requirements. Please see the original RFP for On-Call Construction Services R-6021A for the referenced General Conditions or any other contractual requirements for the On-Call Construction III Program. This will be a Task Order to your On-Call Construction III Contract for the lowest responsive bidder for the Pipeline Repairs / Replacement (Direct Bury) category.

PROJECT DESCRIPTION:

Contractor Responsibilities

The contractor is responsible for providing all equipment, parts, and materials required to complete the work outlined below.

Site 1 – Airport Blvd and E Hughes Dr (North of E Alameda Ave)

1. Install Hydra Stop valve on 24 inch DIP at Airport Blvd.

2. Install two line stops nearby to isolate the pipeline.

3. Remove and replace two pipe sticks to allow insertion of a condition assessment tool on each side of the new valve (assessment contract not included).

4. Restore site.

Site 2 – E Alameda Ave and Moline St

1. Install two line stops on 16 inch STL at E Alameda Ave.

2. Remove and replace one pipe stick for condition assessment tool insertion (assessment contract not included).

3. Install new isolation gate valve.

4. Restore site.

The relevant specifications from the most recent project apply, per the attached.

Substantial Completion date is November 30, 2025

Final Completion date is December 15, 2025

Liquidated Damages are $500.00 per day

Estimate Range is $1,200,000 to $1,800,000.

PRE-BID CONFERENCE AND SITE VISIT (MANDATORY):

A MANDATORY pre-bid conference and site visit will be held at 1:00 p.m., local time, August 15, 2025 located at Site 1 (39°42'51.4"N 104°47'28.2"W). The nearest business address is Raytheon 16510 Hughes Dr S79, Aurora, CO 80011).

QUESTIONS:

Written Questions will be due no later than 2:00 p.m., local time, August 18, 2025 and shall be submitted to Shiva Sapkota at ssapkota@auroragov.org AND to Nathan Jones at njones@aurorgov.org. All questions and answers will be posted on BidNet along with any addenda that are deemed to be necessary.

BIDS DUE AND BID OPENING:

Bids shall be submitted electronically through the Rocky Mountain E-Purchasing System (aka BidNet) no later than 2:00 p.m., local time, August 21, 2025. File size limit is 25 MB. Please be advised that bids MUST be submitted through BidNet to be considered responsive. A public Bid Opening will be held via Micoscroft Teams by clicking on the following link: Join the meeting now In the event that this link does not work, interested firms shall email Nathan Jones at njones@auroragov.org and provide email address to be invited to the Bid Opening.

Bids shall be retained by the City and cannot be returned. If you need assistance with the registration or bid upload process, you may call BidNet’s vendor support at 1-800-835-4603 or e-mail e-procurementsupport@bidnet.com.

Nathan Jones Procurement Supervisor mailto:ssapkota@auroragov.org mailto:njones@aurorgov.org https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjVhMmFlNjctOGQxNC00MjhjLTkxOTgtMjIxODRkZDQzMjVk%40thread.v2/0?context=%7b%22Tid%22%3a%229cf07bc1-6fa2-4d49-bc93-7acced6cc8d7%22%2c%22Oid%22%3a%2241c2541f-5743-487e-8543-7c4178a22eb4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjVhMmFlNjctOGQxNC00MjhjLTkxOTgtMjIxODRkZDQzMjVk%40thread.v2/0?context=%7b%22Tid%22%3a%229cf07bc1-6fa2-4d49-bc93-7acced6cc8d7%22%2c%22Oid%22%3a%2241c2541f-5743-487e-8543-7c4178a22eb4%22%7d mailto:njones@auroragov.org

Instructions To Bidders Page 1

INSTRUCTIONS TO BIDDERS Aurora

Water Capital Projects Division

(On-Call Construction)

Table of Contents

Article 1 - Definitions

Article 2 - Copies of Bidding Documents

Article 3 - Qualifications of Bidders (Not Applicable)

Article 4 - Subcontractors, Suppliers and Others

Article 5 - Examination of Contract Documents and Site

Article 6 - Interpretations and Addenda

Article 7 - ‘Or-Equals’

Article 8 - Pre-bid Conference

Article 9 - Bid Security (Not Applicable)

Article 10 - Bid Offering

Article 11 - Submission of Bids

Article 12 - Modification or Withdrawal of Bids

Article 13 - Opening of Bids

Article 14 - Bids to Remain Subject to Acceptance

Article 15 - Mistakes in Bids

Article 16 - Post-Bid Information

Article 17 - Out-of-State Corporations

Article 18 - Award of Contract

Article 19 - Construction Agreement (Not Applicable)

Article 20 - Performance and Payment Bond and Insurance Certificate

Article 21 - Colorado Labor Requirements

Article 22 - Not Used

Article 23 - Not Used

Article 24 - Exceptions to Provisions

Article 25 - State of Colorado Immigration Law

Article 26 - Liquidated Damages

Article 27 - Phased Construction (NOT APPLICABLE)

Article 28 - City of Aurora’s Small Business Enterprise Program for Construction Contracts Over

$250,000

Instructions To Bidders Page 2

ARTICLE 1 - DEFINITIONS

1.1 Terms used in the Instructions to Bidders, which are defined in the General Conditions have the same assigned meanings. The term "Successful Bidder" means the lowest qualified responsive and responsible bidder to whom the City, on the basis of the City's evaluation, makes an award.

Responsibility of the Bidder will be determined by evaluating the Bidder’s submitted information, proposed subcontractors, previous experience and performance, financial capabilities and other factors deemed essential by the City for the successful completion of the Contract.

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of the Bidding Documents are available from the City, for the deposit sum stated in the Advertisement or Invitation to Bid. Unless otherwise stated, deposits are non-refundable.

2.2 Complete sets of Bidding Documents shall be used in preparing Bids. The City assumes no responsibility for errors or misinterpretations resulting from using incomplete sets of Bidding Documents.

2.3 The City, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Project and does not confer a license or grant for any other use.

2.4 Electronic computer aided files for the Project drawings are available for use by the Bidders.

The use of these files is provided as a convenience for the Bidders and no warranty, either express of implied is made regarding the accuracy of these electronic files. The Bidder shall be solely responsible for the use of these electronic files, and shall hold harmless the Designer and the City for any use of these electronic files. Designer and City shall not be liable to Bidder or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of Bidder’s access to said electronic design files.

Bidder shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or electronic files prepared by Designer, and shall not reuse any of the such Drawings, Specifications or electronic files on extensions of the Project or any other Project without written consent of City and Designer and specific written verification or adaptation by Designer.

ARTICLE 3 - QUALIFICATION OF BIDDERS (NOT APPLICABLE)

3.1 Only those qualified prime contractors selected from the previous Pre-Qualification Process, if Pre-Qualification occurred for this bid package, will be allowed to participate in this invitation for bid.

ARTICLE 4 - SUBCONTRACTORS, SUPPLIERS AND OTHERS

4.1 The Bidder shall not propose to use subcontractors for more than fifty percent (50%) of the work on the Project without the prior written approval of the Project Manager.

4.2 A Contract shall not be sublet or assigned without the prior written approval of the Project

Manager.

Instructions To Bidders Page 3

ARTICLE 5 - EXAMINATION OF BIDDING DOCUMENTS AND SITE

5.1 It is the responsibility of each Bidder, before submitting a Bid, to:

a. Examine the Contract Documents thoroughly;

b. Visit the jobsite to become familiar with local conditions that may affect the cost, progress, performance or completion of the Project;

c. Consider Federal, State and local laws and regulations that may affect the cost, progress, performance or completion of the Project;

d. Study and carefully correlate his observations with the Contract Documents; and,

e. Notify the Project Manager of all conflicts, ambiguities, inconsistencies, errors, omissions, or other discrepancies in the Contract Documents, which bidder may discover.

5.2 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article 5 and that the Contract Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions.

ARTICLE 6 - INTERPRETATIONS AND ADDENDA

6.1

6.2

6.3

6.4

6.5

6.6

The Design Engineer's estimate of quantities is only approximate. The City does not expressly or by implication represent that the actual amounts of work shall correspond, due to the uncertainty of the work.

Bidders requiring clarification or interpretation of the Contract Documents shall notify the Contract Administrator and Project Manager in writing not later than 2:00 p.m., on the specified date

Interpretations, corrections or changes to the Contract Documents shall be made by an Addendum. Interpretations, corrections or changes to the Contract Documents made in any other manner shall not be binding. Bidders shall not rely upon such interpretations, corrections or changes.

The City shall notify all who are known by the City to have purchased a complete set of Contract Documents from the City’s Office of Purchasing Services of any addendum.

Copies of Addenda shall be made available for inspection wherever Contract Documents are on file for that purpose.

Each Bidder shall ascertain, prior to submitting his Bid, that he has received all Addenda issued, and will acknowledge receipt in his Bid.

Instructions To Bidders Page 4

ARTICLE 7 – ‘OR-EQUALS’

7.1 Refer to Section 6.05 of the General Conditions for all requirements relating to the use and approval of “Substitute and Or-Equals type items/materials” for this Bid. For bidding purposes, no Substitute and Or-Equal items/materials shall be considered for award unless the City has issued an Addendum that specifically authorizes Substitute and Or-Equal items/materials to be bid.

ARTICLE 8 - PRE-BID CONFERENCE

8.1 A Pre-Bid Conference shall be held as indicated in the Invitation to Bid. Representatives of the City will be present to discuss the Project. Bidders are encouraged to attend; attendance is not mandatory unless indicated elsewhere in the Contract Documents or Invitation to Bid.

8.2 The City is not responsible to provide information discussed at the Pre-bid Conference to those who did not attend.

ARTICLE 9 - BID SECURITY (NOT APPLICABLE)

9.1 If stated in the Advertisement or Invitation to Bid, each Bid shall be accompanied by a Bid Security payable to the City. This shall be in the required form and amount. The Bidder shall enter into a Contract with the City on the terms stated in his Bid, and shall furnish the required Bonds and Insurance as described in Article 20. If the Bidder refuses to enter into a Contract or fails to furnish the Bonds and Insurance, the Bid Security shall be forfeited to cover the administrative costs incurred by the City due to the failure of a Bidder to enter into the Contract and/or to provide the required Bonds and Insurance.

9.2 If a Bid Security is required, it shall be on the Bid Bond form provided by the City. The Attorney-in-Fact, who executes the Bid Bond on behalf of the Surety, shall affix to the Bid Bond a certified and current copy of a Power of Attorney.

9.3 The City shall have the right to retain the Bid Security of all Bidders until either (a) the Contract has been executed, or (b) the specified time has elapsed so that bids may be withdrawn per Article 14, or (c) all Bids have been rejected.

ARTICLE 10 – BID OFFERING

10.1 Bids shall be submitted on the forms provided by the City.

10.2 All blanks on the Bid Form shall be filled in by typewriter or printed in ink. The City will reject any

Bids that are filled in with pencil. The City may reject Bids that are not legible.

10.3 Where indicated by the makeup of the Bid, sums shall be expressed in both words and figures.

In case of a discrepancy between the two, the "written" words shall govern.

10.4 Any interlineation, alteration or erasure shall be initialed by the signer of the Bid.

10.5 All Alternates or Options shall be Bid as indicated. Failure to submit a Bid on Alternates or

Options as indicated may result in Bd rejection.

Instructions To Bidders Page 5

10.6 The Bidder shall not make additional stipulations of the Bid or otherwise qualify his Bid in any other manner. Qualifications or stipulations may result in rejection of the bid.

10.7 Each copy of the Bid shall include the legal name of the Bidder and indicate whether the Bidder is a Sole Proprietor, Partnership or Corporation, or any other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a Contract. Bids submitted by a corporation shall indicate the State of Incorporation. Bids submitted by an Agent shall have a current Power of Attorney attached certifying the Agent's authority to bind the Bidder to a Contract.

10.8 If required by the Contract Documents, the Bidder shall provide the following:

a. Designation of the work to be performed by the Bidder using his own work forces;

b. A list of Subcontractors proposed for the principal portions of the work on the Project;

c. A list of the proprietary names and the suppliers of principal items or material and equipment proposed for the Project.

ARTICLE 11 - SUBMISSION OF BIDS

11.1 All copies of the Bid, and any other documents required to be submitted with the Bid shall be enclosed in a single sealed envelope. The envelope shall be identified with the Project Number, and Title, Bidder's name and address, bid opening date and time.

11.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Advertisement or Invitation to Bid, unless changed by Addendum.

11.3 The Bidder shall assume full responsibility for the timely delivery of the sealed Bid at the location designated for receipt of Bids.

11.4 Bids received after the time and date for receipt of Bids shall be rejected and returned unopened to the Bidder.

11.5 Oral, telephone or telegraphic Bids are invalid and will not be considered.

11.6 Bidders shall not be allowed to submit more than one (1) Bid for any Project unless specifically authorized in the Bidding Documents.

11.7 Unit Prices shall be limited to two (2) places on the right side of the decimal point. Bids submitted in less than hundredths of a dollar shall be rounded down to the nearest penny by the City.

ARTICLE 12 - MODIFICATION OR WITHDRAWAL OF BIDS

12.1 Bids may be submitted, modified or withdrawn prior to the time and date designated for the Bid opening.

12.2 A Bid may not be modified, withdrawn or cancelled by the Bidder during the stipulated time period following the time and date designated for the receipt of the Bids. As a condition of Bid submittal each submitting firm acknowledges, accepts and agrees with this article.

Instructions To Bidders Page 6

ARTICLE 13 - OPENING OF BIDS

13.1 Properly identified Bids, received on time, shall be opened publicly, read aloud and recorded.

13.2 The City shall have the right to reject any and all Bids. A Bid not accompanied by the required

Bid Security, other data or documentation required, or a Bid in any other way incomplete, irregular or unqualified, may be subject to rejection.

13.3 The City reserves the right to waive minor informalities/irregularities in any Bid.

ARTICLE 14 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

14.1 All Bids are subject to acceptance by the City for a period of sixty (60) calendar days after the day of the Bid opening, unless otherwise stated. The City may, at its sole discretion, release any Bid and return the Bid Security prior to that date.

ARTICLE 15 - MISTAKES IN BIDS

15.1 If, within twenty-four (24) hours after the Bids are opened, a Bidder files a written notice with the City and demonstrates to the satisfaction of the City that there was a material and substantial mistake in the preparation of its Bid, that Bidder may be permitted to withdraw the Bid and the bid security will be returned.

ARTICLE 16 - POST-BID INFORMATION

16.1 The Bidder shall, if requested, provide the following information to the City:

a. A proposed schedule of construction. The type of schedule, e.g., bar chart, CPM, to be determined by the Project Manager; and,

b. A proposed schedule of payments.

16.2 The Bidder shall be required to satisfy the Project Manager regarding the reliability and responsibility of proposed Subcontractors. This would include the Subcontractors' capability to perform the work described in the appropriate section of the Specifications.

16.3 The City shall notify the Bidder in writing if he has objection to a proposed Subcontractor. If the

City objects to a proposed Subcontractor, the Bidder shall locate an acceptable replacement.

16.4 Subcontractors and suppliers, proposed by the Bidder and accepted by the Project Manager, must be used on the work for which they were designated. As soon as practical after the award of the contract, the Contractor shall furnish to the City in writing the names of the persons, or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principle portions of the work.

16.5 The City will promptly reply to the Contractor in writing stating whether or not the City, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the City to reply shall constitute notice of no reasonable objection. The Contractor shall make no

Instructions To Bidders Page 7 substitution for any major subcontractor, person or entity selected without submitting the new name.

ARTICLE 17 - OUT-OF-STATE CORPORATIONS

17.1 Before or at the time the Contract is awarded to a Corporation organized outside the State of Colorado, such Corporation must carry out the proper procedure to conduct business in the State of Colorado, designate a place of business within the State of Colorado, and appoint an Agent for service of process, in accordance with Title 7, Article 9 of the Colorado Revised Statutes.

17.2 Such Corporation must furnish the City with a Certificate from the Colorado Secretary of State indicating the Corporation has authority to conduct business within the State of Colorado.

ARTICLE 18 - AWARD OF CONTRACT

18.1 It is the intent of the City to award a Contract to the lowest responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents, is judged to be fair and reasonable, and to be in the best interest of the City, and does not exceed the appropriated funds available. The City shall be the sole judge of the Bidder's qualifications, and whether the Bid is in the best interest of the City.

18.2 It is the intent of the City to award a Contract based on the Total Amount Bid.

18.3 The City reserves the right to reject any and all Bids, to waive any and all informalities and the right to disregard all nonconforming, nonresponsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor the correct sum.

18.4 The City may conduct such investigations as necessary to assist in the evaluation of a Bid.

Investigations assist in establishing the responsibility, qualifications and financial ability of the Bidders to complete the project in accordance with the Contract Documents. The City may consider operating costs, maintenance requirements, performance data, and guarantees of materials and equipment as part of its evaluation.

18.5 Award will be to the lowest responsible Bidder, based on the City's evaluation. If it is in the best interest of the City, a contract will be issued.

ARTICLE 19 - CONSTRUCTION AGREEMENT (NOT APPLICABLE)

19.1 A Notice of Award to the successful Bidder shall be accompanied by the required number of copies of the Construction Agreement with all other written Contract Documents attached. The successful Bidder shall sign and deliver the required number of copies of the Construction Agreement and attached Contract Documents to the City accompanied by the required Performance and Payment Bonds and and Insurance Certificates within ten (10) calendar days of the Notice of Award.

Instructions To Bidders Page 8

ARTICLE 20 – PERFORMANCE BOND, PAYMENT BOND, AND INSURANCE CERTIFICATE

20.1 The successful Bidder 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.

20.2 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.

20.3 If the successful Bidder 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.

20.4 If the successful Bidder fails to comply with this Article, the City has the right to award the

Contract to another Bidder, to re-bid the requirement or to cancel the Project.

ARTICLE 21 - COLORADO LABOR REQUIREMENTS

21.1 Pursuant to Colorado Revised Statute 8-17-101, 102, & 103, a minimum of eighty percent (80%) Colorado labor is mandated for all public works construction. "Colorado labor" is defined as any person who is a resident of the state of Colorado at the time of employment without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification.

Contractor understands and agrees that failure to comply with the eighty percent (80%) Colorado labor requirement shall constitute a material breach of the contract.

Colorado labor shall be employed to perform the work to the extent of not less than eighty percent of each type or class of labor in the several classifications of skilled and common labor employed on such public works projects.

Additionally, violators of the mandatory Colorado labor requirement may be found guilty of a misdemeanor and upon conviction, shall be subject to penalties of not more than five hundred dollars ($500) and/or imprisonment in the county jail for a maximum term of one year.

ARTICLE 22 – NOT USED

ARTICLE 23 – NOT USED

ARTICLE 24 - EXCEPTIONS TO PROVISIONS

24.1 Exceptions to any of the contractual provisions of this Invitation to Bid shall be treated as a conditional Bid and shall be cause for rejection.

Instructions To Bidders Page 9

ARTICLE 25 - STATE OF COLORADO IMMIGRATION LAW

25.1 Provisions for compliance with the State of Colorado Immigration Law are set forth in the Construction Agreement. The successful Bidder will be required to provide certification that its employment practices are in compliance with State and Local requirements.

ARTICLE 26 - LIQUIDATED DAMAGES

26.1 Provisions for Liquidated Damages, if any, are set forth in the Construction Agreement, reference paragraph 5.03.

ARTICLE 27 – NOT USED

ARTICLE 28 - CITY OF AURORA’S SMALL BUSINESS ENTERPRISE PROGRAM

FOR

CONSTRUCTION CONTRACTS OVER $250,000

28.1 Objectives of the SBE Program

The City of Aurora’s Small Business Enterprise (SBE) Program demonstrates the City’s commitment to the SBE community by promoting economic growth within the local business community and providing a development program to assist SBEs regardless of gender, age, race or ethnicity.

For purposes of the City’s Program, SBEs are defined as a small business if they meet 50% of the Small Business Administration’s size standard that applies to the appropriate North American Industry Classification (NAICS) code for the scope being procured. SBEs shall self-certify as to their business size status.

As part of the SBE Program, construction contracts over $250,000 awarded to large businesses by the City’s Office of Purchasing Service shall require that the large business use a good faith effort to award no less than 10% of their subcontracting dollars to SBEs, if they plan to subcontract any portion of the work. This Program does not apply to businesses that will perform 100% of the contract with their own workforce or to small business enterprises.

Bidders are encouraged to identify as many aspects of the work as possible to enhance the utilization of SBEs. Bidders are expected to use qualified SBEs. To be qualified, SBEs must have the necessary financial capabilities, skill, experience, and access to the necessary staff, facilities and equipment to perform the work or to provide the supplies or services that are required.

28.2 Good Faith Effort

If the objective specified herein has not been met, it shall be the responsibility of the large business apparent low bidder to demonstrate its good faith efforts in attempting to meet the objective. The large business apparent low bidder, if it has not met the specified objective, must provide a completed Good Faith Effort Questionnaire in support of its good faith effort to meet the objective for evaluation and approval by the City.

Instructions To Bidders Page 10

28.3 SBE Program Documents

In order to demonstrate compliance with the City’s SBE Program, the large business apparent low bidder must complete, sign and submit the forms entitled Statement of Intent to Use Small Business Enterprises (SBEs) (Exhibit A) and Individual Letter of Intent for Each Small Business Enterprise (Exhibit B). In addition, if the SBE objective has not been met, the large business apparent low bidder will be required to submit the Good Faith Effort Questionnaire (Exhibit C) as provided for herein under "Good Faith Effort." All forms shall be submitted to the following location by the large business apparent low bidder no later than three (3) working days following the bid opening:

City of Aurora Office of Purchasing Services Attn: Nathan Jones - Contract Administrator 15151 E. Alameda Parkway, Suite 5700 Aurora, CO 80012

If these forms are not completed in detail, signed and submitted within three (3) working days of the bid opening, such bid will be rejected.

28.4 Evaluation Criteria for a Good Faith Effort

The adequacy of the large business apparent low bidder's good faith effort will be evaluated based upon the following criteria:

1. The bidder's outreach efforts, including:

Advertising in trade association publications and other publications;

Mailings to SBEs;

Contacts with SBE contractor organizations;

Phone contacts with SBEs; and Other activities identified by the bidder.

2. List items of work identified by the bidder for subcontract or supply to meet the Program objectives;

3. Efforts to negotiate with SBEs to obtain them as subcontractors or suppliers;

4. Efforts to provide SBEs a full and fair opportunity to bid, including the opportunity to review drawings and to have the time to prepare bids and negotiate; and

5. The reasons why the bidder was unsuccessful in its efforts to obtain SBEs as subcontractors, suppliers or joint venture partners.

If the City determines that the large business apparent low bidder failed to make a good faith effort, the bid will be deemed non-responsive and will be rejected.

EXHIBIT A

STATEMENT OF INTENT TO USE SMALL BUSINESS ENTERPRISES (SBE)

The large business apparent low bidder shall complete this form for the involvement of SBEs on this project and shall submit this form within three (3) working days after the bid opening.

The total dollar amount of all subcontracting work, including SBE’s will be $

The following SBEs will be utilized:

1. Name:

Type of Work:

Amount of Contract:

2. Name:

3. Name:

(Attach additional sheets as required)

By executing this document, the bidder hereby certifies that it fully intends to employ the SBEs listed on this STATEMENT OF INTENT TO USE SMALL BUSINESS ENTERPRISES.

Should one or more listed SBEs be deleted after the bid has been submitted or if it becomes necessary to replace an SBE, the CONTRACTOR MUST OBTAIN PRIOR WRITTEN

APPROVAL FROM THE CITY.

Total SBE Program Participation Achieved: %

Bidder:

(Company Name)

By:

(Bidder’s Authorized Representative)

Name:

(Type or Print)

Title: Date:

EXHIBIT B

INDIVIDUAL LETTER OF INTENT FOR EACH SMALL BUSINESS ENTERPRISE

The large business apparent low bidder shall complete this form for the involvement of SBEs on this project and shall submit this form within three (3) working days after the bid opening.

BIDDER INFORMATION:

Name:

Address:

Telephone:

SBE INFORMATION:

Name:

Address:

Telephone:

Type of Firm: Subcontractor Supplier

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

The small business size standard designated for this award in accordance with the City of Aurora’s SBE Program is U.S. Dollars Employees Description of work to be performed:

Estimated start date: Total value of estimated work:

BIDDER INTENDS TO UTILIZE THE ABOVE-NAMED SBE FIRM FOR THE WORK

DESCRIBED ABOVE. IF THE ABOVE-NAMED BIDDER IS NOT DETERMINED TO

BE THE SUCCESSFUL BIDDER, THIS LETTER OF INTENT SHALL BE NULL AND

VOID.

Bidder: SBE Firm:

(Company Name) (Company Name)

By: By:

(Bidder’s Authorized Rep.) (SBE’s Authorized Rep.)

Name: Name:

(Type or Print) (Type or Print)

Title: Date: Title: Date:

EXHIBIT C

GOOD FAITH EFFORT QUESTIONNAIRE

The large business apparent low bidder who has failed to meet the SBE objective is required to complete and submit this form, along with supporting documentation within three (3) working days after the bid opening. Please use an additional sheet when space is inadequate.

Project SBE Objective: 10% CONTRACTOR SBE PARTICIPATION: %

1. Did your firm advertise for SBE participation? Yes No

If yes, were the advertisements specific or general?

In what publication(s) did your ad appear?

Please provide a copy of your advertisements.

2. What other sources did your firm use to solicit bids from SBE subcontractors and suppliers?

Please provide a copy of your advertisements.

3. What items of work were identified for SBE contracting opportunities? List the items of work identified and the percent of contract:

Item Percent of Total Subcontract Dollars

4. How many SBE firms did you contact by mail?

Please provide a copy of all materials mailed and a list showing to which SBE firms the various mailings were sent.

5. How many SBE firms did you contact by phone?

Please provide a list showing which SBE firms were contacted by phone.

6. For subcontracts or supply contracts where an SBE bid, but was not used, provide the following information:

A. Scope of work SBE bid vs. scope of work non-SBE bid:

B. Amount of SBE bid vs. amount of non-SBE bid. (Note: Include the date the bids were received.)

7. If you negotiated with SBEs, but no negotiated subcontracts resulted, please give the reasons that your negotiated efforts failed relative to each such failure.

8. If you did not negotiate with any SBE firm(s) please explain why.

9. Please indicate how many negotiated subcontracts you entered into:

10. How many SBE firms reviewed the Drawings and Specifications at your office?

11. Have you previously bid on work with public entities in which the bid documents set forth objectives for SBEs? Yes No

If the answer to this question is yes, please provide the following information:

A. Were you ever the low bidder? Yes No

B. Have you ever failed to meet a specified objective? Yes No

If yes, relative to each incident in which you have failed to reach the objective, please set forth the reasons for any such failure.

C. Has a bid submitted by your firm ever been rejected for its failure to respond to an

SBE program?

Yes No

D. Have you ever competed successfully for a public project and met the objectives specified therein? Yes No

If yes, please identify those projects.

Relative to each of the questions set forth above, please respond in detail on a separate piece of paper, if necessary. This information will be used by the City as an indication of your commitment to the City’s SBE Program.

Revised October 2017 Page 1

During the term of this Agreement and until final acceptance by the City of all work covered by the Purchase Order or contract, the Contractor performing services under this agreement shall provide, pay for and maintain in full force and effect the types and minimum limits of insurance, as indicated below, covering the Contractor, their employees, subcontractors or representatives, along with the activities of any and all subcontractors retained by the or the activities of anyone employed by any of them, or their representatives or anyone for whose acts they may be liable.

Commercial General Liability Insurance. The Contractor shall maintain commercial general liability insurance covering all operations by or on behalf of the Contractor on a per occurrence basis against claims for bodily injury (including death) and property damage (including loss of use) and products and completed operations coverage for a minimum period of three (3) years after completion of the Work. Coverage will include personal injury liability with employee and contractual exclusions deleted, XCU (Underground, Collapse & Explosion) coverage endorsed and a Waiver of Subrogation. The City, its elected and appointed officials, employees, agents and representatives shall be named as Additional Insureds by endorsement.

Minimum limits:

$2,000,000 each occurrence

$4,000,000 general aggregate $4,000,000 products and completed operations

Commercial Automobile Liability Insurance. Contractor shall maintain commercial automobile insurance covering liability arising out of the operation of any vehicle (including owned, non-owned and hired vehicles) with minimum limits of $1,000,000 combined single limit each accident.

Workers’ Compensation and Employers Liability Insurance. Contractor shall maintain Worker’s Compensation Insurance in accordance with the provisions of the Workers’ Compensation Act, as amended, by the State of Colorado. Additionally, the Contractor shall maintain Employers’ Liability Insurance with minimum limits of: $1,000,000 bodily injury for each accident, $1,000,000 bodily injury by disease each employee and $1,000,000 bodily injury disease aggregate.

Umbrella/Excess Liability Insurance. Contractor shall maintain an Umbrella/Excess Liability insurance policy on an occurrence basis in excess of the general liability and coverages specified above, with minimum limits of $2,000,000 per occurrence. The coverage shall be as broad as the underlying general liability and automobile liability policies set forth above. The City, its elected and appointed officials, employees, agents and representatives shall be named as Additional Insureds by endorsement.

Pollution Legal Liability Insurance. The Contractor shall maintain a separate Contractor’s Pollution Liability insurance policy covering any bodily injury, liability, and property damage liability, arising out of the collection and disposal of pollutants, including items in transit to a permanent disposal facility, which may arise from activities under or incidental to this agreement. This policy shall be maintained with minimum limits of Two Million Dollars ($2,000,000) per claim or occurrence.

In the event that the contract involves professional or consulting services, in addition to the aforementioned insurance requirements, the Contractor shall also be protected by a Professional Liability Insurance policy as follows:

Insurance Requirements

CONSTRUCTION

Higher Limits

No Builder’s Risk

Revised October 2017 Page 2

Professional Liability Insurance. The Contractor shall maintain professional liability insurance with minimum limits of Two Million Dollars ($2,000,000), covering those claims which arise out of the negligent acts or omissions of the Contractor, its Subcontractor and any other parties for whom it may be liable including without limitation, bodily injury, personal injury, property damage. Professional Liability Insurance shall be carried on a claims-made basis maintained in full force and effect for the term of this Agreement and, to the extent possible, for a minimum period of Three (3) years after the completion of any and all of Contractor’s Services hereunder.

Any retroactive date or prior acts exclusion to which such coverage is subject shall pre-date both the date upon which any services hereunder are commenced and the date of this Agreement. In the event that coverage is renewed during the original term of any subsequent term of this agreement, endorsement(s) for the new policy(ies) shall be delivered within five (5) days after renewal.

Subcontractors and Subconsultants’ Insurance Requirements. Subcontractors and Subconsultants are subject to the same insurance requirements as the Contractor with respect to Worker’s Compensation, and Employer’s Liability. The exceptions are that the Subcontractors (all tiers) are required to provide automobile liability insurance with minimum liability limits of One Million Dollars ($1,000,000) combined single limit and Commercial General Liability Coverage with minimum limits of Two Million Dollars ($2,000,000) per occurrence which names the City, its elected and appointed officials, employees, agents and representatives as additional insureds by endorsement.

The Contractor is responsible for verifying that the subcontractor’s insurance is in effect prior to commencement of work and throughout the time that the subcontractor performs work on the project. Any subcontractor which ceases to provide insurance coverage as set forth above must be removed from the project until such time that insurance coverage can be verified as in full force and effect.

Limits of Insurance. The total limits of general or automobile liability and excess liability insurance set forth above may be provided to the City using a combination of primary and excess liability insurance.

Additional Insured. Additional Insured. The Contractor shall name the City of Aurora, its elected and appointed officials, employees, agents and representatives as additional insureds by endorsement for the Commercial General Liability, Auto Liability and Excess Liability and Pollution Legal Liability insurance policies and the certificate of insurance will include this specific language along with a copy of the endorsement.

Certificates of Insurance. Upon the execution of this Agreement, the Contractor shall provide certificates of insurance to the City of Aurora demonstrating that at the minimum coverages required herein are in effect. Contractor agrees that the required coverages will not be reduced, canceled, non-renewed or materially changed without thirty (30) days prior written notice to the City. All certificates of insurance must be kept in force throughout the duration of the services. If any of Contractor’s or its subcontractor’s coverage is renewed at any time prior to completion of the services, the Contractor shall be responsible for obtaining updated insurance certificates for itself and such subcontractors from the respective insurance carriers and forwarding the replacement certificates to the City within five (5) days of the expiration date of any previously delivered certificate. If a certificate is not available immediately after renewal, a binder showing the coverages have been renewed will be acceptable until a certificate is available.

The minimum A.M. Best rating of each primary insurer shall be A- X and the minimum A.M. Best rating of each excess insurer shall be A- VIII. The Contractor shall provide copies of insurance policies to the City Risk Manager upon request.

Any of the minimum limits of insurance set out herein may be raised or lowered at the sole discretion of the Risk Manager for the City of Aurora in response to the particular circumstances, including increased risk or scope of work. The Contractor’s policy will be primary and non-contributory with respect to any and all insurance policies purchased by the additional insured.

Self Insurance/Deductible. If the Contractor has any self-insured retentions or deductibles under any of the required policies, the Contractor must reflect these amounts on the Certificate(s) of Insurance. If requested, the Contractor will provide satisfactory evidence of financial responsibility for such obligations. In any event, Contractor will be solely responsible for any self-insured retentions or deductibles with the exception of Builder’s Risk.