projectmanual.pdf

PROJECT

MANUAL

FY26 Aurora Communication

Infrastructure Upgrade

BID NO.: 6153A

Procurement and

Contracting Requirements

Issued for Bid

September 29, 2026

CITY OF AURORA

COLORARDO

ITB: FY26 Aurora Communication Infrastructure Upgrade Project / Bid #6153A

CITY OF AURORA

FY26 Aurora Communication Infrastructure Upgrade

PROJECT / BID No.: 6153A

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 Special Provisions and Standard Special Provisions (PSP/SSP)

ATTACHMENT B: Construction Drawings

ATTACHMENT C: FHWA-1273 – REVISED June 25, 2026

ATTACHMENT D: CDOT Required Forms (PDF version)

ATTACHMENT E: Supplemental - Fiber License Agreement Construction Plan

ATTACHMENT F: Supplemental - Stormwater Management Plans (SWMP-Plans)

ATTACHMENT G: Supplemental – Stormwater Management Plans (SWMP-Narrative)

ATTACHMENT H: RTD R-LINE Crossing at 6th

ATTACHMENT I: RTD R-LINE Crossing at Alameda and Sable

ATTACHMENT J: RTD R-LINE Crossing at Iliff

EXCEL WORKBOOK: BID SHEET

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.: 6153A

Aurora, Colorado September 29, 2026

1. GENERAL STATEMENT OF WORK

The project consists of furnishing all labor, materials, equipment, and services necessary to construct underground fiber infrastructure at intersections along and adjacent to I-225, along with above-ground network improvements at two locations, to connect City of Aurora-operated traffic signals on Colorado Department of Transportation (CDOT) roadways to the City's central traffic signal system. This connection will enable real-time remote monitoring, faster incident response, and more efficient maintenance by allowing staff to detect issues, dispatch personnel, and update signal timing plans without traveling to the field. The upgraded fiber network will also improve traffic operations during incidents, severe weather, and special events, enhance signal coordination through centralized time synchronization, and increase the reliability, redundancy, and capacity of the City's traffic signal communications network.

Selected Contractor shall reference the following project numbers on all correspondence to the

City of Aurora (COA) or Colorado Department of Transportation (CDOT):

• City of Aurora: 26182 / 6153A

• CDOT Project Number / Subaccount: STU M055-071

The Contractor shall perform unforeseen work, for which there is no price included in the Contract, whenever the extra work is necessary or desirable for contract completion. This work shall be performed per the Contract or as directed and will be paid for as provided under CDOT Standard

Specification subsection 109.04.

2. AWARD FUNDING

This project is being supported, in whole or in part, by federal funds awarded to City of Aurora through Colorado Department of Transportation (CDOT). This is a Federal Highway

Administration (FHWA) assisted contract and must therefore follow all applicable Federal, State and local regulations or restrictions.

Federal Compliance Requirements

• An EEO-1 Report must be submitted to the Joint Reporting Committee if the contractor and subcontractors meet the eligibility requirements (29 CFR 1602.7). For additional information regarding these federal requirements, please refer to https://www.eeoc.gov/overview

• The City of Aurora, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for any award."

3. ESTIMATE AND COMPLETION DATES

The estimated budget for this project ranges between $1,370,000 and $1,507,000. The Contract

Documents require that all work, except Landscape Establishment, be completed within Seventy

(70) working days per the Project Special Provisions - Commencement and Completion of

Work (Working or Calendar Day). Failure to complete the work as prescribed shall be considered as a Breach of Contract and subject to Liquidated Damages per Colorado

Department of Transportation (CDOT) Standard Specifications 108.09.

4. OFFICIAL MEANS OF COMMUNICATION

During the solicitation process of this Invitation to Bid (ITB), 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.

5. SCHEDULE OF ACTIVITIES

Listed below is a tentative schedule with dates and times of actions related to this ITB. 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 ITB on BidNet. There may or may not be a formal notification issued for changes regarding estimated dates and times.

Activity Date and Time (Mountain Time)

Invitation to Bid Published on BidNet September 29, 2026

Pre-Bid Conference (Mandatory) October 6, 2026 @ 11:00 AM

Written Questions Deadline October 12, 2026 @ 3:00 PM

Addendum Issued (if necessary) October 15, 2026

Bid Submission Deadline October 21, 2026 @ 2:00PM

6. PRE-BID CONFERENCE

To ensure bidders have a clear understanding of the project scope, specifications, and contractual requirements, a Mandatory Pre-Bid Conference is scheduled for October 6, 2026, at 11:00 AM.

https://www.eeoc.gov/overview

This event will be held virtually online using Microsoft Teams, please use the following meeting information to join:

Join: https://teams.microsoft.com/meet/281829859586428?p=X7nbdoRNCgKQ822GZ9

Meeting ID: 281 829 859 586 428

Passcode: jn9Vh6Ex

7. WRITTEN QUESTIONS

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

Written inquiries shall be emailed to: Kristin Chewiwi, Procurement Supervisor, at kchewiwi@auroragov.org. It is preferred that all inquiries be sent with the subject title:

Communication Infrastructure Upgrade (6153A).

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

8. 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 the provided Bid Bond form, in an amount of not less than five percent (5%) 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 2:00 PM (Mountain

Time) on October 21, 2026. 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:

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/264703623653316?p=FUmJIlzls7WzPqzQkJ

Meeting ID: 264 703 623 653 316

Passcode: UL9MC69k https://teams.microsoft.com/meet/281829859586428?p=X7nbdoRNCgKQ822GZ9 mailto:kchewiwi@auroragov.org mailto:procurementsupport@bidnet.com https://teams.microsoft.com/meet/264703623653316?p=FUmJIlzls7WzPqzQkJ

9. 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 ITB 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 to monitor BidNet 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.

The City of Aurora reserves the right to reject any and all Bids, to waive informalities and irregularities, and award the lowest responsive, responsible bidder.

http://www.bidnetdirect.com/colorado

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 responsive, responsible 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 Prior to submitting a Bid for this project, the Bidder shall have received prequalification status

(active status) with the Colorado Department of Transportation to bid on individual projects of the size and kind of work as set forth in the “General Statement of Work” and “Estimate and Completion Dates” section of the Notice of Invitation for Bids and to the level of bid.

The Bidder shall follow the prequalification procedures and section 4.15 and 4.16 of the bidding procedures contained in the Rules Governing Construction Bidding for CDOT Public Works Projects, 2

CCR 601-10, (“Rules”), on file with the Colorado Secretary of State. Copies are available upon request in the Contracts and Market Analysis Brank of the Colorado Department of Transportation.

Only prequalified bidders will be allowed to bid on any project. Prior to award of the Contract, the lowest responsive, responsible bidder shall submit the Performance Capability Statement, CDOT Form 605, for evaluation by the City in determining Non-responsibility per sections 4.15 and 4.16 of the Rules.

3.2 For CDOT’s contractor pre-qualification requirements and Rules Governing Construction Bidding for CDOT Public Project details, visit CDOT’s website at https://cdot.dbesystem.com/ and https://www.codot.gov/business/bidding.

ARTICLE 4 - SUBCONTRACTORS, SUPPLIERS AND OTHERS

4.1 The Bidder shall not propose to use subcontractors for more than seventy percent (70%) 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.

https://cdot.dbesystem.com/ https://www.codot.gov/business/bidding

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 ninety (90) working 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, responsive Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents, and to be in the best interest of the City, and does not exceed the appropriated funds available, 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.

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 Award will be to the lowest, responsible, responsive 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 Per federal funding requirements, minimum Colorado Labor is not required and sections 8-17-101, 102, & 103 of the Colorado Revised Statue are not applicable.

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 bid evaluation, and to determine price reasonableness in the event other methods of determining price reasonableness fail to support the prices submitted by the Bidder. 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 Bidder.

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, 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

TOTAL

$115,830.00

TOTAL

$70,372.00

TOTAL

$43,898.00

TOTAL

$34,515.00

$23,010.00

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 data will be used by the City of Aurora

Purchasing Services for bid evaluation, and to determine price reasonableness in the event other methods of determining price reasonableness fail to support the prices submitted by the Bidder. If cost and pricing information is required, the Bidder 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 Bidder.

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

$115,830.0

0 =

$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

$23,010.00

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: Kristin Chewiwi, Procurement Supervisor

15151 E. Alameda Parkway, Suite 3500

Aurora, CO 80012

Email: KChewiwi@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

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.

mailto:KChewiwi@auroragov.org

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:

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.

CDOT Project Number / Subaccount: STU M055-071

CITY OF AURORA BID NO.

6153A

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 #: 6153A

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

Note: Certain columns in the Bid Sheet such as Item No., Description, Qty. etc., are locked to prevent bidders from making edits/modifications to these items. Any edits/modifications made to these items may result in disqualification.

The undersigned Bidder, having examined the Contract Documents and the jobsite at which the work will be performed, and having full knowledge of the conditions under which the work must be accomplished, hereby proposes that he will enter into a Contract Agreement with the City of Aurora and furnish all labor, materials and equipment required to successfully complete the project in accordance with the terms and conditions required by the Contract Documents for the prices contained in this Proposal.

The Bidder acknowledges that the contract time for completion of the work on this project shall be completed within Seventy (70) working days per the Project Special Provisions - Commencement and Completion of

Work (Working or Calendar Day), from the date of the Notice to Proceed.

The Bidder agrees that he will, if awarded a Contract by the City of Aurora, commence and complete the work within the time limits established by and in accordance with the Terms and Conditions set forth in the Contract

Document…