Project Manual.pdf

PROJECT

MANUAL

Urgent Repair Binney Drying Bed #4

Media Replacement

PROJECT NO. B-4795

Procurement and

Contracting Requirements

Issued for Bid

September 28, 2026

CITY OF AURORA

COLORADO

Urgent Repair Binney Drying Bed #4

Media Replacement

Table of Contents

PROCUREMENT AND CONTRACTING REQUIREMENTS

Section Page Number

Invitation to Bid

Instructions to Bidders

Small Business Enterprise (SBE) Program Forms

Bid Forms

Bid Bond

Non-Collusion Affidavit

Request for Taxpayer Identification Number and Certification (W-9)

Request for Business Size Status (NAICS)

Performance and Payment Bonds

General Conditions ......................................................................................................... Attachment

City of Aurora Insurance Requirements ......................................................................... Attachment

Construction Agreement ................................................................................................. Attachment

Documents posted on the Rocky Mountain E-Purchasing System aka BidNet as separate files that are part of this project:

1. Maps (Work Areas)

2. Specifications

THIS DOCUMENT CONTAINS ALL ITEMS AND PAGES LISTED UNDER TABLE OF

CONTENTS ABOVE, AND IT IS THE BIDDER’S RESPONSIBILITY TO VERIFY THAT

ALL PAGES ARE INCLUDED IN DOCUMENT PRIOR TO SUBMITTING BID.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

NOTICE OF INVITATION FOR BIDS

Urgent Repair Binney Drying Bed #4 Media Replacement

Aurora, Colorado September 28, 2026

GENERAL STATEMENT OF WORK

This project includes the installation of approximately 8,500 cy of CDOT Section 703.09 Filter

Material, Class B in Drying Bed 4 at the Binney Water Purification Facility, 5070 S Robertsdale

Way, Aurora, CO 80016.

The estimate of quantities/amounts identified on the bid forms is based on the difference in elevations between a field survey performed of existing conditions in December 2025 and the finished design elevation of the top of the sand media. Quantities/amounts shown on the priced bid offer form are for evaluation purposes only and constitute no guarantee of the quantities/amounts, if any, may actually be ordered.

The successful contractor shall be responsible for surveying the existing conditions before installation of the media and after installation of the media to determine the quantity of media installed for payment.

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.

ESTIMATE, COMPLETION DATES, LIQUIDATED DAMAGES

The estimated cost for this project is from $900,000 to $1,100,000. The Contract Documents require that all work be Substantially Complete by November 30, 2026 with Final

Completion by December 31, 2026. Failure to complete the work as prescribed shall be considered as a Breach of Contract and subject to Liquidated Damages which are $800.00 per day.

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, October 27, 2026 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:

https://teams.microsoft.com/meet/211782952013051?p=BgF6gSnwCfER2mPg1O

In the event that this link does not work, interested firms shall email Heidi Ellis, Senior

Procurement Agent at heellis@auroragov.org and provide email address to be invited to the Bid

Opening.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjllYzg5NmQtNzRkMS00Y2QyLWIzMTctYmQ3MTUyYzYyYjNi%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/meet/211782952013051?p=BgF6gSnwCfER2mPg1O mailto:heellis@auroragov.org

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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 support@bidnet.com.

BID BOND

Each Bid shall be accompanied by an appropriate guarantee in the form of a Bid Bond made payable to the City of Aurora 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.

PRE-BID CONFERENCE/SITE VISIT (MANDATORY)

Pre-Bid Conference will be held at 10:00 a.m. October 6, 2026, at the Binney Water

Purification Facility located at 5070 S Robertsdale Way, Aurora 80016.

Site Visit immediately following the Pre-Bid Conference at the Binney Water Purification

Facility located at 5070 S Robertsdale Way, Aurora 80016.

All interested parties must buzz in at the gate for entrance. Visitors will be required to sign in at the Administrative Building and obtain a temporary badge. Visitors must return badges and sign out following completion of the meeting.

QUESTIONS DUE

Any questions must be submitted in writing by email to Heidi Ellis, Senior Procurement Agent at heellis@auroragov.org. Emailed questions shall contain the project name and number in the email subject line, and must be received no later than 2:00 p.m., local time, October 12, 2026.

Questions will be answered via addendum posted to The Rocky Mountain E-Purchasing System aka BidNet.

GENERAL

The Bidder promises in submitting their Bid that if issued a Notice of Award, they will within the prescribed time, execute the contract Agreement and furnish the required bonds and

Insurance Certificates or forfeit the guarantee to the City of Aurora as Liquidated Damages.

The City of Aurora reserves the right to amend, by an addendum or addendums, this invitation for bids (IFB) at any time and/or a multiple number of times prior to the date set for receipt of the submission of responses/offers. 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 all 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. 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 bidders registered for the no charge, no notification service on the Rocky Mountain E-Purchasing System to monitor the

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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 proposals, an addendum will be issued announcing the new date. It is understood that any/all changes or revisions to this

Invitation for Bids will be through written addendum from the Office of Purchasing Services only. The City now makes payments through electronic transfers. The successful bidder will be asked to complete the ACH Direct Payment Authorization form upon contract award. If the successful bidder has already completed this form for the City, there is no need to submit another one, unless the information has changed.

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I N S T R U C T I O N S T O B I D D E R S

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

INSTRUCTIONS TO BIDDERS

Table of Contents Page Number

Article 1 – Definitions

Article 2 - Copies of Bidding Documents

Article 3 - Qualifications of Bidders

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

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

Article 20 - Performance and Payment Bond and Insurance Certificate

Article 21 - Colorado Labor Requirements

Article 22 - Exceptions to Provisions

Article 23 - State of Colorado Immigration Law

Article 24 - Liquidated Damages

Article 25 - City of Aurora’s Small Business Enterprise Program for Construction Contracts Over

$250,000

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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 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.

2.2 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.

2.3 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

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.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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 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.

6.2 Bidders requiring clarification or interpretation of the Contract Documents shall notify

Heidi Ellis, Senior Procurement Agent (heellis@auroragov.org). Emailed questions shall contain the project name and number in the email subject line, and must be received no later than 2:00 p.m., local time, October 12, 2026.

6.3 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.

6.4 Each Bidder shall ascertain, prior to submitting their Bid, that they have received all

Addenda issued, and will acknowledge receipt in their Bid.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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

9.1 If stated in the Advertisement or Invitation to Bids that a Bid Bond is being required for Bids on the advertised project, each Bid shall be accompanied by a Bid Bond payable to the City. Bids not accompanied by appropriate Bid Bond will be considered nonresponsive and shall be rejected. This Bid Bond shall be in the required form (a Bid Bond payable in U.S. dollars with a Surety with a current certificate of compliance with the Colorado Division of Insurance) and amount (Five percent of the base bid unless stated otherwise in the Invitation to Bid). The

Bidder shall enter into a Contract with the City on the terms stated in their Bid within

10 business days unless a longer term is designated, in writing, signed by both parties 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 B o n d shall be forfeited to cover the administrative costs incurred by the City due to the failure of a Bidder to enter into the Contract in a timely manner and/or to provide the required Bonds and Insurance.

9.2 If a Bid Bond 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 Bond 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.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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 Bid rejection.

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, the Bid Security 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.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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.

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.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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 at no cost to the City.

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 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.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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

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 Insurance

Certificates within ten (10) calendar days of the Notice of Award.

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.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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 - EXCEPTIONS TO PROVISIONS

22.1 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.

ARTICLE 23 - STATE OF COLORADO IMMIGRATION LAW

23.1 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 24 - LIQUIDATED DAMAGES

24.1 Provisions for Liquidated Damages, if any, are set forth in the Construction

Agreement, reference paragraph 5.03.

ARTICLE 25 - CITY OF AURORA’S SMALL BUSINESS ENTERPRISE

PROGRAM FOR CONSTRUCTION CONTRACTS OVER $250,000_____________

25.1 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.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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.

25.2 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.

25.3 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: Heidi Ellis -Senior Procurement Agent

15151 E. Alameda Parkway, Suite 5700

Aurora, CO 80012 heellis@auroragov.org

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.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

25.4 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.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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:

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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:

Address:

Telephone:

SBE INFORMATION:

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:

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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:

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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.

B I D F O R M S

Bidder Name:

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

BID FORM

SSAN or FEIN Federal Employer's Identification Number or Social Security Number if an individual

Bid Opening Date:

CITY OF AURORA PROJECT NO.

B-4795

PROJECT TITLE:

Binney WPF Drying Bed 4 Sand Media Replacement

BIDDER:

ADDRESS:

PERSON TO CONTACT TELEPHONE NO.

E-MAIL ADDRESS_____________________________________

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

The undersigned Bidder proposes and agrees, if this Bid is accepted, to furnish the required Bonds and Insurance Certificates and to enter into a Construction Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

BIDDER’S ACKNOWLEDGEMENTS

Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of City.

BIDDER’S REPRESENTATIONS

I In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged.

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and (2) all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site as identified in the supplemental conditions.

E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.

F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

I. Bidder has given City’s Project Manager written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by City’s Project Manager is acceptable to Bidder.

J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

K. Bidder will submit written evidence of its authority to do business in the state and local jurisdictions where the Project is located not later than the date of its execution of the Agreement.

FURTHER REPRESENTATIONS

Bidder further represents that:

L. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation;

M. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

N. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

O. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over City.

P. Bidder has complied with the City of Aurora’s SBE Program for Construction Contracts over $250,000.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

THE SCHEDULE OF PRICES AND QUANTITIES

FOLLOWS THIS PAGE AND IS NOT INCLUDED

IN THE PAGE NUMBERING

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

BASIS OF BID

1. This list of items below constitutes the basis of the Bid, and is summarized in the summary table below.

a. Unit Price Items: Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract

Documents.

b. Minor Contract Revisions: This is an allowance for unforeseen field conditions, and is reserved for contingencies not anticipated by the Contract Documents. The Contractor shall include the allowance listed for this item in the bid tabulation.

Item

Description

Basis

Quantity

Unit

Price

Bid Amount

Mobilization/

Demobilization/Bonds/

Schedule

LS 1

Filter Material, Class B

Furnished and Installed

CY 8,500

3 Allowance for Minor Contract Revisions $50,000.00

TOTAL BID AMOUNT $

TOTAL BASE BID AMOUNT FOR ITEMS 1 - 3 IN WORDS:

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

SUBCONTRACTORS

Bidder further proposes, in the event Bidder is awarded the Contract, that the following firms or businesses will be awarded subcontracts. The Bidder whose bid is accepted shall not substitute any subcontractor who is named herein unless: the City objects to the subcontractor and requests in writing a change in the subcontractor; or the substitution is approved by the City and: 1) the subcontractor after having reasonable opportunity fails or refuses to execute a written contract with the Contractor which was offered to the subcontractor with the same terms that all other subcontractors on the project were offered or; 2) the named subcontractor files for bankruptcy or becomes insolvent or; 3) the named subcontractor fails or refuses to perform his subcontract within a reasonable time or is unable to furnish a performance and payment bond to the Contractor.

Subcontractor Name Subcontractor Address

Work to be

Performed

Note 1: If work is to be self-performed, indicate by entering “self-performed” under Subcontractor Name.

TIME OF COMPLETION

Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times.

ATTACHMENTS TO THIS BID

The following documents are attached to and made a condition of this Bid:

1. Standard Operating Procedures (SOP) - Potholing Sensitive Properties Final - Nov 2025

2. Required Bid Security

3. Non-Collusion Affidavit

4. Form W-9, Request for Taxpayer Identification Number

5. Request for Business Status

6. Supplier Conflict of Interest Certification

DEFINED TERMS

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

BID SUBMITTAL

This Bid submitted by:

If Bidder is:

An Individual

Name (typed or printed): _________________________________________________________

By: __________________________________________________________________________ (SEAL)

(Individual’s signature)

Doing business as: _____________________________________________________________

Bidder’s Business address: _______________________________________________________

Phone: ____________________________ Facsimile: _______________________________

Submitted on ______________________________, 20_____.

Contractor License No(s).

A Partnership

Partnership Name: _______________________________________________________ (SEAL)

By: __________________________________________________________________________

(Signature of general partner – attach evidence of authority to sign)

Contractor License No(s). _____________________________________________

A Corporation

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

Corporation Name: _____________________________________________________________

________________________________________________________________________ (SEAL)

State of Incorporation: ________________

Type (General Business, Professional, Service, Limited Liability): _________________________

(Signature – attach evidence of authority to sign)

Title: _________________________________________________________________________

(CORPORATE SEAL)

Attest: _______________________________________________________________________

(Signature of Corporate Secretary)

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

A Joint Venture

Name of Joint Venturer: _________________________________________________________

First Joint Venturer Name: _______________________________________________________

________________________________________________________________________ (SEAL)

(Signature of first joint venture partner – attach evidence of authority to sign)

Second Joint Venturer Name: _____________________________________________________

________________________________________________________________________ (SEAL)

(Signature of second joint venture partner – attach evidence of authority to sign)

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

B I D B O N D

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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 B-4795 , more fully described as Binney WPF Drying

Bed 4 Sand Media Replacement 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.

B I D B O N D

Binney WPF Drying Bed 4 Sand Media Replacement Project No. B-4795

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.

Signed and Sealed this day of , 20 .

Principal:

By s/

Title:

Surety:

By Attorney-in-Fact

Local Agent:

(A certified copy of…