Project Manual Nederman Exhaust System.pdf

PROJECT

MANUAL

NEDERMAN EXHAUST SYSTEM

BID NO.: 6065AB

Procurement and Contracting Requirements

Issued for Bid September 24, 2025

CITY OF AURORA

COLORARDO

IFB: Nederman Exhaust System Project / Bid #6065AB

CITY OF AURORA

PROJECT / BID No.: 6065AB

PROCUREMENT AND CONTRACTING REQUIREMENTS

Table of Contents

SECTION 1: NOTICE OF INVITATION TO BID

SECTION 2: INSTRUCTIONS TO BIDDERS

SECTION 3: SMALL BUSINESS ENTERPRISE (SBE) PROGRAM FORMS

SECTION 4: BID FORMS

SECTION 5: CONSTRUCTION AGREEMENT

SECTION 6: SAMPLE PERFORMANCE AND PAYMENT BOND

SECTION 7: INSURANCE REQUIREMENTS

SECTION 8: GENERAL CONDITIONS

ATTACHMENTS

ATTACHMENT A: PROJECT SPECIFICATIONS

ATTACHMENT B: DRAWINGS

ATTACHMENT C: SPECIAL CONDITIONS

THIS DOCUMENT CONTAINS ALL ITEMS AND PAGES LISTED UNDER TABLE OF

CONTENTS ABOVE, AND IT IS THE BIDDERS RESPONSIBILITY TO VERIFY THAT ALL

PAGES ARE INCLUDED IN DOCUMENT PRIOR TO SUBMITTING BID.

SECTION 1: NOTICE OF INVITATION TO BID

NOTICE OF INVITATION FOR BIDS

PROJECT / BID NO.: 6065AB

Aurora, Colorado September 24, 2025

1. GENERAL STATEMENT OF WORK

City of Aurora Public Safety Training Center (CAPSTC) will have the existing Plymovent diesel exhaust removal system removed in its entirety from the three existing truck bays. This will include but is not limited to the track, hose drop, duct work, and exhaust fan and associated components. The contractor will install the new Nederman diesel exhaust removal system. The new system will run the entire length of the 2nd and 3rd truck bays and a portion of the 1st bay The contractor will install new duct work, a new exhaust fan, and provide revised electrical connections to the new system. There will be 3rd-party commissioning coordination with NORESCO to ensure the system is correctly installed, fully functional and meets the performance of the design documents.

The Work of Project is defined by the Contract Documents and consists of the following:

1. Complete removal of the existing vehicle exhaust system including all appurtenances.

2. Installation of a new vehicular exhaust system. Installation of the Nederman system and all components to be completed by LONG Building Technologies (LONG), electrical scope is excluded from the LONG installation and shall be done by a licensed electrical contractor.

3. Repair and patch of existing wall openings.

4. Installation/cutting of new wall openings.

5. Installation of equipment supports

6. Installation of Vehicle exhaust rails, exhaust collection ductwork, and vehicle exhaust fan. (scope by LONG)

7. Installation of electrical circuiting.

8. Installation of system controls.

9. Auxiliary support (i.e. metal panel, CMU, paint, etc).

10. Installation of CO/NO2 sensors and integration with Nederman control panel.

Additional Requirements:

The city requires the use of its Project Management Information System (PMIS), Projectmates, for all phases of the project. This requirement applies to the selected contractor(s), and any subcontractors as appropriate.

The PMIS will be the official platform for project communication, documentation, and management functions, including but not limited to:

• Submittals and approvals

• Processing of pay applications

• Management and communication of Requests for Information (RFIs)

• Regular project updates and reporting

• Project closeout documentation

The city will provide user licenses at no cost to external project team members. Assistance with setup and use will be made available, including access to recorded training materials.

Important Reminders

• Contractor site access will be coordinated daily with CAPSTC stakeholders, there are no badging requirements for this project.

• Work hours will be from 6:00 AM to 4:00 PM daily, there will be no after-hours work.

• Any power interruption required needs to be coordinated with the Project Manager at least 24 hours in advance.

• Construction work will be coordinated with ongoing use of the facility. Fire engines can be moved as needed to coordinate with construction activities.

2. ESTIMATE AND COMPLETION DATES

The estimated cost for this project ranges from $150,000.00 to $175,000.00. The Contract Documents require that all work be completed by December 31, 2025, after issuance of notice to proceed. Failure to complete the work as prescribed shall be considered as a Breach of Contract and subject to Liquidated Damages which are $250.00 per day.

3. OFFICIAL MEANS OF COMMUNICATION

During the solicitation process of this Request for Bid (RFP), all official communication between the City of Aurora (City) and bidder will be via postings on the Rocky Mountain E-Purchasing System (BidNet). The City will post notices that will include, but not be limited to, modifications to administrative or performance requirements, answer to written questions, and clarification to requirements. It is incumbent upon bidders to carefully and regularly monitor BidNet.

4. SCHEDULE OF ACTIVITIES

Listed below is a tentative schedule with dates and times of actions related to this RFP. In the event the City finds it necessary to change any of the specific dates and times in the calendar below, it will do so by issuing an addendum to this RFP on BidNet.

Activity Date and Time (Mountain Time) Invitation to Bid Published on BidNet September 24, 2025 Optional Pre-Bid Conference October 1, 2025 @ 1:00 PM Written Questions Deadline October 2, 2025 @ 3:00 PM Addendum Issued (if necessary) October 6, 2025 Bid Submission Deadline October 13, 2025 @ 3:00 PM

5. PRE-BID CONFERENCE (OPTIONAL)

To ensure bidders have a clear understanding of the project scope, specifications, and contractual requirements, an Optional Pre-Bid Conference is scheduled for October 1, 2025, at 1:00 PM (MT).

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6. WRITTEN QUESTIONS

Bidders may make written inquiries concerning this RFP to obtain clarification of requirements.

Written inquiries shall be emailed to: Cyndi Winner, Procurement Agent, at cwinner@auroragov.org AND Gabi Tobin, Project Manager, at gtobin@auroragov.org. It is preferred that all inquiries be sent with the subject title: Nederman Exhaust System (6065AB).

Inquiries received after the date and time indicated in the Schedule of Activities may not receive a written response. Response to written inquiries (if required) will be published as an Addendum on BidNet.

7. BID SUBMISSION AND OPENING

Each bid response shall be submitted on the prescribed forms supplied in the Project Manual.

Each Bid shall be accompanied by an appropriate guarantee in the form of a Bid Bond, payable to the City of Aurora in an amount of not less than five percent (5%) of the amount of the Bid.

Original bid bond does not have to be delivered to the City; however, each bidder should maintain the original on file should the City request it at a later time.

Bids shall be submitted electronically, preferably in a single file PDF format, through the Rocky Mountain E-Purchasing System (BidNet) and must be received no later than 3:00 p.m. (Mountain Time) on October 13, 2025. Bids received using another method such as mail, email, or hand delivery will not be accepted. Late bids will NOT be accepted. Bids shall be retained by the City and cannot be returned.

Bidders needing assistance with registration or the bid uploading process may contact BidNet’s Vendor Support at 1-800-835-4603 or e-mail at procurementsupport@bidnet.com.

Bids will be read aloud thirty (30) minutes after the bid closing. This event will be held online using Microsoft Teams. Interested parties may join the event using the following meeting information:

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8. 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 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 BidNet located at www.BidnetDirect.com/colorado. It shall be the responsibility of all contractors to obtain all addenda from BidNet. 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 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 BidNet to monitor for any addenda. Failure to do so may lead to reliance on incomplete, inaccurate, or out of date information when submitting bids subjecting such bids to automatic disqualification from consideration. If revisions are of such a magnitude to warrant, in the City of Aurora’s opinion, the postponement of the date for receipt of bids, an addendum will be issued announcing the new date. 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.

The City of Aurora reserves the right to reject any and all Bids, to waive informalities and irregularities, and to accept that bid which is considered to be in the best interest of the City.

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SECTION 2: INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

(CONSTRUCTION CONTRACT)

INDEX

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 – Substitutions

Article 8 – Pre-bid Conference

Article 9 – Bid Security

Article 10 – Contract Proposal

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 – Contract Agreement

Article 20 – Performance and Payment Bond and Insurance Certificate

Article 21 – Colorado Labor Requirements

Article 22 – Requirements for Cost and Pricing Data

Article 23 – Requirements for Cost and Pricing Information

Article 24 – SBE Program

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 bidder to whom the City, on the basis of the City's evaluation, makes an award.

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.

ARTICLE 3 - QUALIFICATION OF BIDDERS

3.1 Bidders may be required, either before or after the Bid opening, to submit a Statement of Qualifications to the Project Manager. The Statement of Qualifications shall be used to verify the experience, qualifications and capacity of the Bidder to complete the Project.

3.2 The Statement of Qualifications shall include, at a minimum, the following information:

a. Work performed by the Bidder in the last five years, including names, addresses and telephone numbers of references and dollar value of projects;

b. Plant, equipment and material which is available and which the Bidder proposes to use on the Project; and,

c. Recent CPA-certified financial statements relative to resources, including cash and available bank credits.

3.3 The City may request credit verification and other information from subcontractors, suppliers, financial institutions and other sources.

ARTICLE 4 - SUBCONTRACTORS, SUPPLIERS AND OTHERS

4.1 The Bidder shall not propose to use subcontractors for more than fifty percent (80%) of the work on the Project without the prior written approval of the Project Manager. Subcontractor list shall be provided at time of bid.

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

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.

5.2 The submission of a Proposal 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 Project Manager'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 the Procurement Agent and Project Manager in writing not later than the date and time specified in the Invitation to Bid.

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 Addenda shall be mailed or delivered to all who are known by the City to have received a complete set of Contract Documents.

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

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

ARTICLE 7 - SUBSTITUTIONS

7.1 The materials, products, equipment or processes described in the Contract Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

The materials, products, equipment or processes specified shall be considered as the basis for the Bid.

7.2 Substitutions shall not be considered unless a written request has been submitted by the Bidder and has been received and approved by the Project Manager at least ten (10) workdays prior to the date for receipt of Bids. Each request shall include the name of the item for which it is to be substituted, and a complete description of the proposed substitute. The description will include trade names, drawings, specifications, cuts, performance and test data and any other information necessary for evaluation. A statement setting forth any changes in other materials, equipment or work, that incorporation of the substitute would require, shall be included. The burden of proof concerning the merit of the proposed substitute is upon the Bidder. The Project Manager's decision of approval or disapproval of a proposed substitute shall be final.

7.3 If the Project Manager approves any substitutions, the approval shall be authorized by an Addendum. Bidders shall not rely upon approvals made in any other manner.

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 Bid, each Bid shall be accompanied by a Bid Security payable to the City. This shall be in the required form and amount. In addition, the Bid Security shall be enclosed in a single sealed envelope with the bid. 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 18.

If the Bidder refuses to enter into a Contract or fails to furnish the Bonds and Insurance, the Bid Security shall be forfeited as Liquidated Damages. Liquidated Damages 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 Bond and Certificate of Insurance.

9.2 If a Bid Security is required, it may 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 - CONTRACT PROPOSAL

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

10.2 All blanks on the Proposal shall be filled in by typewriter or printed in ink. The City will reject any Proposal that is filled in with pencil. The City may reject Proposals that are not legible.

10.3 Where indicated by the makeup of the Proposal, 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 in the Special Conditions. Failure to submit a Bid on Alternates or Options as indicated in the Special Conditions may result in Bid rejection.

10.6 The Bidder shall not make additional stipulations of the Proposal 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 Proposal 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 Proposal, 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.

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 by the Contract Documents, 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 or longer, 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 Project Manager:

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 Project Manager shall notify the Bidder in writing if he has objection to a proposed Subcontractor. If the Project Manager 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 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 lowest aggregate total of the sum of the unit prices in the Base Bid. However, if the City accepts any Alternates or Options, it may accept them in the order in which they are listed in the Proposal, or shall have the right to accept them in any order or combination to determine the low Bidder on the basis of the total of the Base Bid plus and Alternates or Options selected.

18.3 The City reserves the right to reject any and all Bids, to waive any and all informalities, and to negotiate contract terms with the successful bidder, 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 of Aurora, Colorado, a contract will be issued.

ARTICLE 19 - CONTRACT AGREEMENT

19.1 A Notice of Award to the successful Bidder, shall be accompanied by the required number of copies of the Contract Agreement with all other written Contract Documents attached. The successful Bidder shall sign and deliver the required number of copies of the Contract Agreement and attached Contract Documents to the City accompanied by the required Performance and Payment Bond 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 as Liquidated Damages.

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 - REQUIREMENTS FOR COST AND PRICING DATA

The City of Aurora Purchasing Services may require the submission of cost and pricing data on any proposed procurement of $1,000,000.00 or more. This data will be used by the City of Aurora Purchasing Services for proposal evaluation and contract negotiations, and to determine price reasonableness in the event other methods of determining price reasonableness fail to support the prices submitted by the offeror.

If cost and pricing data are required, the offeror will be required to submit their cost and pricing data in the format shown under INSTRUCTIONS FOR SUBMITTING COST AND PRICING DATA, within 10 calendar days after receipt of notification in writing from the City of Aurora Purchasing Services that cost and pricing data are required. After evaluation of the data, it will remain in the possession of the City of Aurora and will be sealed in the envelope submitted by the offeror.

INSTRUCTIONS FOR SUBMITTING COST AND PRICING DATA

This document provides instructions for preparing cost and pricing data.

Note 1. The requirement for submission of cost or pricing data is met when all accurate cost or pricing data reasonably available to the offeror have been submitted, either actually or by specific identification, to the City of Aurora Purchasing Services. The requirement for submission of cost or pricing data continues up to the time of agreement on price.

Note 2. By submitting your cost and pricing data, you grant the City of Aurora Purchasing Services the right to examine records that formed the basis for the pricing proposal. It may include those books, records, documents, and other types of factual information that will permit an adequate evaluation of the proposed price.

I. General Instructions

A. You must provide the following information on the first page of your cost and pricing data:

(1) Solicitation, contract, and/or change order number;

(2) Name and address of offeror;

(3) Proposed cost; profit or fee; and total;

(4) Date of submission; and

(5) Name, title, telephone number, and signature of authorized representative.

B. In submitting your cost and pricing data, you must include an index, appropriately referenced, of all the cost or pricing data and information accompanying or identified in the proposal.

C. You must submit with your cost and pricing data any information reasonably required to explain your estimating process, including:

(1) The judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data; and

(2) The nature and amount of any contingencies included in the proposed price.

D. You must show the relationship between contract line item prices and the total contract price. You must attach cost-element breakdowns for each proposed line item.

E. When more than one contract line item is proposed, you must also provide summary total amounts covering all line items for each element of cost.

II. Cost Elements Depending on your system, you must provide breakdowns for the following basic cost elements, as applicable:

A. Materials and services. Provide a consolidated priced summary of individual material quantities included in the various tasks, orders, or contract line items being proposed and the basis for pricing (vendor quotes, invoice prices, etc.). Include raw materials, parts, components, assemblies, and services to be produced or performed by others. For all items proposed, identify the item and show the source, quantity, and price. Conduct price analysis of all subcontractor proposals. Include these analyses as part of your own cost or pricing data submissions.

B. Direct Labor. Provide a time-phased (e.g., monthly, quarterly, etc.) breakdown of labor hours, rates, and cost by appropriate category, and furnish bases for estimates.

C. Indirect Costs. Indicate how you have computed and applied your indirect costs, including cost breakdowns. Indicate the rates used and provide an appropriate explanation.

Sample Cost and Pricing Information Table

Line Item or Lump Sum Bid Amount (If Lump Sum, Enter Total Bid Amount. If Line Item, Enter Amount Bid for Each Line Item)

Direct Labor Costs (If Line Item, Enter Amount for Each Line Item)

Direct Materials Costs (If Line Item Bid, Enter Amount for Each Line Item)

Other Direct Costs (Enter Amount for Each Line Item or Amount for Lump Sum bid)

Overhead, and General and Administrative Expenses (Enter Amount for Total Bid)

Profit (Enter Amount for Total Bid)

Lump Sum $287,625.00

Concrete Finisher 12 each, 330 hours each @ $19.00 = $75,240

Concrete 957 cubic yards @ $57 = $54,549.00

Performance and Payment Bonds

$17,390.00

15% of total costs (includes home office rental, executive salaries, administrative support salaries, special insurance, equipment rental, office supplies, 10% of total costs (excluding Overhead and G&A) $23,010.00 utilities, and copier rental for home office) $34,515.00

Laborer 6 each, 330 hours @ $14 = $27,720.00

Sand 37 tons @ $34 = $1,258.00

Labor Burden

(FICA, FUT,

SUT, WCI and GLI) 17.8% of Direct Labor Costs of $115,830.00 = $20,618.00

Foreman 330 hours @ $39 = $12,870.00

Rebar 2850 pieces @ $3.90 = $11,115.00

Trailer rental $5,890.00

Forms Rentals $3,450

TOTAL

$115,830.00

TOTAL

$70,372.00

TOTAL

$43,898.00

TOTAL

$34,515.00

ARTICLE 23 - REQUIREMENTS FOR COST AND PRICING INFORMATION

The City of Aurora Purchasing Services may require the submission of cost and pricing information on any proposed procurement of $100,000.00 or more. This information will be used by the City of Aurora Purchasing Services for proposal evaluation and contract negotiations, and to determine price reasonableness in the event other methods of determining price reasonableness fail to support the prices submitted by the offeror. If cost and pricing information is required, the offeror will be required to submit their cost and pricing information in the format shown under INSTRUCTIONS FOR SUBMITTING COST AND PRICING INFORMATION, within 10 calendar days after receipt of notification in writing from the City of Aurora Purchasing Services that cost and pricing information is required. After evaluation of the information, it will remain in the possession of the City of Aurora and will be sealed in the envelope submitted by the offeror.

INSTRUCTIONS FOR SUBMITTING COST AND PRICING INFORMATION

This document provides instructions for submission of cost and pricing information. The requirement for submission of cost and pricing information is met when the offeror has submitted a complete breakdown of every element of cost, either as a result of a lump sum or a line item bid. This breakdown must include direct costs and indirect costs for the total bid or for each line item, depending on how the bid is structured.

For example, if a bid has multiple line items, the offeror must submit a cost breakdown of each line item, including such things as direct labor, direct materials, other direct costs, and indirect costs associated with that specific line item. If the bid was submitted as a lump sum bid, the same breakdown would apply, but only to the total amount of the bid. YOU WILL NOT NEED TO PROVIDE BACKUP

DOCUMENTATION FOR YOUR SUBMISSION. ONLY A BREAKDOWN OF EACH INDIVIDUAL

ELEMENT OF COST IS REQUIRED.

I. General Instructions A. You must provide the following information on the first page of your cost and pricing information.

(1) Solicitation number;

(2) Name and address of offeror;

(3) Proposed cost; profit or fee; and total;

(4) Date of submission

(5) Name, title, telephone number, and signature of authorized representative.

B. In submitting your cost and pricing information, you must include an index, appropriately referenced, of all the information identified in your proposal.

C. You must submit information explaining your estimating process, including:

(1) The judgmental factors applied and the mathematical or other methods used in the estimate, and

(2) The nature and amount of any contingencies included in the proposed price.

D. You must show the relationship between contract line item prices and the total contract price. You must attach cost element breakdowns for each proposed line item.

E. When more than one contract line item is proposed, you must provide a summary total amount covering all line items for each element of cost.

II. Cost Elements Provide a complete breakdown for the following cost elements:

A. Materials and services: Provide a consolidated priced summary of material quantities included in the lump sum bid or per line item (depending on how the bid was proposed). Include raw materials, parts, components, machinery, assemblies, and services to be produced or performed by others. Identify the item and show the source, quantity and price.

B. Direct Labor: Provide a lump sum or line item breakdown of direct labor costs by labor hours, hourly rate, and appropriate category. Furnish basis for estimates.

C. Indirect Costs: Indicate how you have computed and applied your indirect costs, including overhead, general and administrative costs, and profit.

Sample Cost and Pricing Information Table

Line Item or Lump Sum Bid Amount (If Lump Sum, Enter Total Bid Amount. If Line Item, Enter Amount Bid for Each Line Item)

Direct Labor Costs (If Line Item, Enter Amount for Each Line Item)

Direct Materials Costs (If Line Item Bid, Enter Amount for Each Line Item)

Other Direct Costs (Enter Amount for Each Line Item or Amount for Lump Sum bid)

Overhead, and General and Administrative Expenses (Enter Amount for Total Bid)

Profit (Enter Amount for Total Bid)

Lump Sum $287,625.00

Concrete Finisher 12 each, 330 hours each @ $19.00 = $75,240

Concrete 957 cubic yards @ $57 = $54,549.00

Performance and Payment Bonds

$17,390.00

15% of total costs (includes home office rental, executive salaries, administrative support salaries, special insurance, equipment rental, office supplies, utilities, and copier rental for home office) $34,515.00

10% of total costs (excluding Overhead and G&A) $23,010.00

Laborer 6 each,330 hours @ $14 = $27,720.00

Sand 37 tons @ $34 = $1,258.00

Labor Burden

(FICA, FUT,

SUT, WCI and GLI) 17.8% of Direct Labor Costs of $115,830.00 = $20,618.00

Foreman 330 hours @ $39 = $12,870.00

Rebar 2850 pieces @ $3.90 = $11,115.00

Trailer rental $5,890.00

Forms Rentals $3,450

$115,830.00

TOTAL

$70,372.00

TOTAL

$43,898.00

TOTAL $34,515.00 TOTAL

ARTICLE 24 – CITY OF AURORA’S SMALL BUSINESS ENTERPRISE PROGRAM FOR

CONSTRUCTION CONTRACTS OVER $250,000

24.1 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.

24.2 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.

24.3 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, preferably by email, 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: Cyndi Winner, Procurement Agent 15151 E. Alameda Parkway, Suite 3500 Aurora, CO 80012 Email: Cwinner@auroragov.org

24.4 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 mailto:Cwinner@auroragov.org

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.

SECTION 3: SMALL BUSINESS ENTERPRISE (SBE) PROGRAM FORMS

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:

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 NUL AND VOID.

Bidder: SBE Firm:

(Company Name) (Company Name)

By: By:

(Bidders’ 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?

Provide a copy of your advertisement.

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

Provide a copy of your advertisement.

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 in Dollars

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

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?

Provide a list showing which SBE firms you contacted by phone.

6. For subcontractors 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.

SECTION 4: BID FORMS

PROPOSAL

CITY OF AURORA PROJECT NO.

6065AB

CITY OF AURORA BID NO.

6065AB

PROJECT TITLE:

BIDDER

ADDRESS

PERSON TO CONTACT TELEPHONE NO. _________________________

E-MAIL ADDRESS: __________________________________

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

Bid Opening Date Time __________________

The Bidder Acknowledges Receipt of Addendums through _______________

BID SHEET

Project / Bid #: 6065AB

The bid proposal sheet has been provided in an Excel format; refer to attachment titled “Bid Sheet”

Note: Certain columns in the Bid Proposal Sheet such as Item No., Description, Qty.