project_manual.pdf

2026 CRACK SEAL PROJECT

PREPARED BY:

CITY OF LOUISVILLE

AUGUST 2026

i

Table of Contents Invitation to Bid Instructions to Bidders

1. Defined Terms

2. Copies of Bidding Documents

3. Qualification of Bidders

4. Examination of Contract Documents and Site

5. Availability of Lands for Work, Etc

6. Interpretations and Addenda

7. Bid Security

8. Contract Time

9. Liquidated Damages

10. Substitute and “Or Equal” Items

11. Subcontractors, Suppliers, and Others

12. Bid Form

13. Submission of Bids

14. Modification and Withdrawal of Bids

15. Opening of Bids

16. Bids to Remain Open Subject to Acceptance

17. Award of Contract

18. Contract Security

19. Signing of Agreement

20. Special Legal Requirements

21. Sales and Use Taxes

22. Retainage

23. Mistakes in Bidding Instructions

Bid Form Schedule of Unit Prices Bid Bond Schedule of Subcontractors Anti-Collusion Affidavit Certification of EEO Compliance Prohibition Against Employing Workers Without Authorization Contractor’s Pre-Contract Certification Agreement

Article 1. Work Article 2. Contract Times Article 3. Contract Price Article 4. Payment Procedures Article 5. CONTRACTOR’s Representations Article 6. Contract Documents Article 7. Miscellaneous Article 8. Other Provisions

Performance Bond Labor and Material Payment Bond Notice of Award Notice to Proceed Change Order Form Field Order Form Work Change Directive Instructions ii

Work Change Directive Form Application for Payment Form Contractor’s Proposal Request Form Contractor’s Overtime Request Form Certificate of Substantial Completion Form Final Inspection Report Form Certificate of Final Completion Form Guarantee Period Inspection Report Form Final Claim Release & Acceptance Form Claim Release – Subcontractor/Supplier General Conditions

Article 1. Definitions

1.0 Abnormal Weather

1.1 Addenda

1.2 Agreement

1.3 Application for Payment

1.4 Asbestos

1.5 Bid

1.6 Bidding Documents

1.7 Bidding Requirements

1.8 Bonds

1.9 Change Order

1.10 Contract Day

1.11 Contract Documents

1.12 Contract Price

1.13 Contract Times

1.14 CONTRACTOR

1.15 Defective

1.16 Drawings

1.17 Effective Date of the Agreement

1.18 ENGINEER

1.19 OWNER’s Consultant

1.20 Field Order

1.21 General Requirements

1.22 Hazardous Waste

1.23 Laws and Regulation: Laws or Regulations

1.24 Liens

1.25 Milestone

1.26 Notice of Award

1.27 Notice to Proceed

1.28 OWNER

1.29 Partial Utilization

1.30 PCBs

1.31 Petroleum

1.32 Plans

1.33 Product

1.34 Project

1.35 Provide

1.36 Radioactive Material

1.37 Resident Project Representative

1.38 Samples

iii

1.39 Shop Drawings

1.40 Specifications

1.41 Subcontractor

1.42 Substantial Completion

1.43 Supplementary Conditions

1.44 Supplier

1.45 Underground Facilities

1.46 Unit Price Work

1.47 Work

1.48 Work Change Directive

1.49 Written Amendment

Article 2. Preliminary Matters Delivery of Bonds Copies of Documents Commencement of Contract Times; Notice to Proceed Proposed Project Schedule Starting the Work Before Starting Construction Preconstruction Conference Initially Acceptable Schedules

Article 3. Contract Documents: Intent, Amending, Reuse Intent Reference to Standards & Specifications of Technical Societies; Reporting and Resolving Discrepancies Amending and Supplementing Contract Documents Reuse of Documents

Article 4. Availability of Lands; Subsurface and Physical Conditions, Reference Points Availability of Lands Subsurface and Physical Conditions Reports and Drawings Subsurface Conditions Physical Conditions Limited Reliance by CONTRACTOR authorized; Technical Data Physical Conditions - Underground Facilities Shown or Indicated Not Shown or Indicated Reference Points Asbestos, PCBs Petroleum, Hazardous Waste, or Radioactive Material

Article 5. Bonds and Insurance Performance, Payment, and Other Bonds Licensed Sureties and Insurers; Certificates of Insurance CONTRACTOR's Liability Insurance OWNER's Liability Insurance Property Insurance

Article 6. CONTRACTOR’s Responsibilities Supervision and Superintendence Labor, Materials, and Equipment Progress Schedule Substitutes and "Or-Equal" Items “Or-Equal” Substitute Items iv

CONTRACTOR’s Expense Substitute Construction Methods or Procedures ENGINEER’s Evaluation Concerning Subcontractors, Suppliers, and Others Patent Fees and Royalties Permits Laws and Regulations Taxes Use of Premises Record Documents Safety and Protection Safety Representative Hazard Communication Programs Emergencies Shop Drawings and Samples Submittal Procedures Continuing the Work CONTRACTOR's General Warranty and Guarantee Indemnification Survival of Obligations

Article 7. Other Work Related Work at Site Coordination

Article 8. OWNER’s Responsibilities Article 9. ENGINEER’s Status During Construction

OWNER's Representative Visits to Site Project Representative Duties and Responsibilities Schedules Conferences and Meetings Liaison Shop Drawings and Samples Review of Work, Rejection of Defective Work, Inspections, and Tests Interpretation of Contract Documents Modifications Records Reports Payment Requests Certificates, Maintenance, and Operations Manuals Completion Limitation of Authority Clarifications and Interpretations Authorized Variations in Work Rejecting Defective Work Shop Drawings, Change Orders, and Payments Determinations for Unit Prices Decisions on Disputes Limitations on ENGINEER's Authority and Responsibilities

Article 10. Changes in the Work Article 11. Change of Contract Price v

Cost of the Work Cash Allowances Unit Price Work

Article 12. Change of Contract Times Article 13. Tests and Inspections; Correction, Removal, or Acceptance of Defective Work

Notice of Defects Access to Work Tests and Inspections Uncovering Work OWNER May Stop the Work Correction or Removal of Defective Work Correction Period Acceptance of Defective Work OWNER May Correct Defective Work

Article 14. Payments to Contractor and Completion Schedule of Values Application for Progress Payment CONTRACTOR's Warranty of Title Review of Applications for Progress Payment Substantial Completion Partial Utilization Final Inspection Final Application for Payment Final Payment and Acceptance Waiver of Claims

Article 15. Suspension of Work and Termination OWNER May Suspend Work OWNER May Terminate CONTRACTOR May Stop Work or Terminate

Article 16. Miscellaneous Giving Notice Computation of Times Notice of Claim Cumulative Remedies Professional Fees and Court Costs Included Interest Third Parties Severability Equal Opportunity Employer

Supplementary Conditions

SECTION 01010 - SUMMARY OF WORK

SECTION 01025 - MEASUREMENT AND PAYMENT

SECTION 01091 - REFERENCE STANDARDS

SECTION 01300 - SUBMITTALS

SECTION 01410 - TESTING AND INSPECTIONS

SECTION 01500 - TEMPORARY FACILITIES, CONTROLS, AND SERVICES

SECTION 01700 - CONTRACT CLOSEOUT

SECTION 02600 - CONSTRUCTION ZONE TRAFFIC CONTROL

SECTION 07900 - CRACK SEALANT

Invitation to Bid

Sealed Bids will be received by the

CITY OF LOUISVILLE, STATE OF COLORADO

Hereinafter referred to as OWNER, at 749 Main Street, Louisville, Colorado 80027, until 2:00 p.m., local time, September 15, 2026, for the

2026 CRACK SEAL PROJECT

At said place and time, all Bids that have been duly received will be publicly opened and read aloud. Bids received after said closing time of 2:00 p.m. local time will not be accepted and be returned unopened.

Bids shall be in a sealed envelope plainly marked with the Project Name and Date and addressed to:

City of Louisville Office of City Engineer 749 Main Street Louisville, Colorado 80027

The Work for which the Bid is requested consists of furnishing and installing crack sealant, construction complete, including all work appurtenant thereto, on various streets within the City of Louisville, Colorado.

Digital copies of the Bidding Documents will be available after August 28, 2026, online through Rocky Mountain Bid System located at https://www.bidnetdirect.com/.

Bids will only be accepted from BIDDERS who are prequalified as a General Contractor by the City of Louisville City Engineer, and who are recorded by Rocky Mountain Bid System and by the City Engineer as having received the Bidding Documents. City Engineer will verify with Rocky Mountain Bid System for Plan Holder list. City of Louisville Pre-qualification forms must be received at the office of the City Engineer by close of business (5:00 p.m.) Wednesday, September 9, 2026. Pre-qualification forms received after this date and time are not guaranteed to be approved by the required date.

Bids will be received on a unit and lump sum price basis as described in the Bidding Documents.

When a BIDDER submits a Bid, that Bid shall include the Schedule of Subcontractors, which shall identify each element of the Work to be subcontracted. Subcontractors whose subcontract exceeds five percent of the Total Bid Price shall be prequalified by the City of Louisville, City Engineer for their specific portion of the Work.

Each Bid shall contain evidence of BIDDER'S qualification to do business in the state of Colorado or covenant to obtain such qualification.

Each Bid must be accompanied by a Bid security consisting of a properly Certified Check, Cashier's Check, or Bid Bond, in the amount of five (5) percent of BIDDER’S Total Bid Price, without conditions, payable to the City of Louisville. Bid security will be retained by the City until the seventh day after the Effective Date of the Agreement whereupon Bid security furnished by such Bidder’s will be returned. Bid security with Bids, which are not competitive, will be returned within fourteen days after the Bid opening. No Bid will be considered unless accompanied by such Bid security.

https://www.bidnetdirect.com/

The successful BIDDER will be required to furnish a performance bond and a labor and material payment bond to the City of Louisville guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract.

No Bid may be withdrawn within a period of sixty (60) days after the date fixed for opening Bids.

The City of Louisville reserves the right to award the contract by sections, to reject any or all Bids, and to waive any informalities and irregularities therein.

The City of Louisville assumes no responsibility for payment of any expenses incurred by any respondent to this Invitation to Bid.

Preference is hereby given to materials, supplies, and provisions produced, manufactured, or grown in Colorado, quality and price being equal to articles offered by competitors outside of the State.

A pre-bid conference will not be held; however, if you should have any questions, you may contact Michael O’Keefe at MOKeefe@LouisvilleCO.gov.

The City of Louisville is an Equal Opportunity Employer.

City of Louisville, Colorado City Engineer

1st Publication: August 28, 2026 2nd Publication: August 31, 2026

2026 Crack Seal Project Instructions to Bidder

Instructions to Bidders

1. Defined Terms

Terms used in these Instructions to Bidders, which are defined in the General Conditions of this Manual have the meanings assigned to them in the General Conditions.

Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1.1 The term "BIDDER" means one who submits a Bid directly to OWNER, as distinct from a sub-bidder, who submits a bid to a BIDDER.

1.2 The term "ISSUING OFFICE" means the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

1.3 The term "SUCCESSFUL BIDDER" means the lowest, qualified, responsible, and responsive BIDDER to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award.

1.4 The term "Bidding Documents" includes the Invitation to Bid, Instructions to Bidders, the Bid Form, and the Contract Documents (including all Addenda issued prior to receipt of Bids).

2. Copies of Bidding Documents

2.1 Complete sets of Bidding Documents stated in the Invitation to Bid may be obtained from the Issuing Office. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid.

2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

3. Qualification of Bidders

3.1 Bids will only be accepted from qualified BIDDERs who are prequalified as a General contractor by the City of Louisville, City Engineer, and who are recorded by the City Engineer as having received the Bidding Documents. City of Louisville Prequalification forms must be received at the office of the City Engineer by close of business (5:00 p.m.) on Wednesday, September 9, 2026. Prequalification forms received after this date and time are not guaranteed to be approved by the required date.

3.2 Each Bid shall contain evidence of BIDDER's qualification to do business in the state of

Colorado or covenant to obtain such qualification.

3.3 The apparent low BIDDER shall be required to show that he has handled former work of similar type and that no just claims are pending against such work. No Bid will be awarded to a BIDDER who is engaged on any other work, which would impair his ability to perform or finance this Work.

4. Examination of Contract Documents and Site

4.1 It is the responsibility of each BIDDER before submitting a Bid:

4.1.1 To examine thoroughly the Contract Documents and related data identified in the Bidding Documents;

4.1.2 To visit the site to become familiar with and satisfy BIDDER as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;

4.1.3 To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

4.1.4 To study and carefully correlate BIDDER's knowledge and observations with the Contract Documents and other related data; and

4.1.5 To promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies, which Bidder has discovered in or between the Contract Documents and such other related documents.

4.2 BIDDERS are responsible for examining and determining for themselves the location and nature of the proposed Work, the amount and character of the labor and materials required therefor, and the difficulties, which may be encountered. BIDDERS may not rely on oral or written representations made by the OWNER, including any reports and drawings identified pursuant to paragraph 4.2.1 and subparagraphs thereof of the General Conditions, unless the OWNER has guaranteed in writing that such representation is factually accurate, and by submitting a Bid, each Bidder waives all liability for any error in any representation made by the OWNER to the BIDDER. BIDDERS shall, at BIDDER'S own expense, inspect the site and its surroundings and conduct such supplementary examinations, investigations, and tests concerning conditions at or contiguous to the site (including surface, and subsurface) which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto for performing the Work in accordance with the Contract Documents. By failing to make such an inspection, the BIDDER waives all rights to claim extra payment or time extensions due to unexpected conditions, which could have been determined had the site been reasonably inspected. If concealed or unknown conditions differ materially from those ordinarily encountered and generally recognized as inherent in the Work or differ materially from the conditions indicated in the Contract Documents, then an equitable adjustment in the Contract Price or in the Contract Time will be allowed by change order as provided in Article 11 or Article 12 respectively of the General Conditions. By submitting a Bid, the BIDDER represents that the BIDDER'S observations at the site are not inconsistent with the requirements of the proposed Contract Documents, unless otherwise noted by the BIDDER.

4.2.1 Refer to General Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site, which have been utilized by ENGINEER in preparation of the Contract Documents. BIDDER may not rely upon the general accuracy of the "technical data" contained in such reports or upon non-technical data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction unless OWNER has guaranteed in writing that such data or representations are accurate.

4.2.2 Refer to General Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site that have been utilized by ENGINEER in preparation of the Contract Documents. BIDDER may not rely upon the general accuracy of the "technical data" contained in such drawings or upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction unless OWNER has guaranteed in writing that such data or representations are accurate.

Copies of such reports and drawings will be made available by OWNER to any BIDDER on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein, upon which BIDDER is entitled to rely upon as factually accurate as provided in Paragraphs 4.2.1 of the General Conditions. BIDDER is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions, or information.

4.3 Information and data shown or indicated in the Contract Documents with respect to existing

Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER by OWNERS of such Underground Facilities or others, and OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof.

4.4 On request in advance, OWNER will provide each BIDDER access to the site to conduct such examinations, investigations, explorations, tests, and studies as each BIDDER deems necessary for submission of a Bid. BIDDER shall fill all holes, clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies.

4.5 Reference is made to the General Conditions for the identification of the general nature of work that is to be performed at the site by OWNER or others (such as utilities and other prime contractors) that relates to work for which a Bid is to be submitted. On request, OWNER will provide each BIDDER for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work.

4.6 The submission of a Bid will constitute an incontrovertible representation by BIDDER that BIDDER has complied with every requirement of this Article 4, that the BIDDER warrants that it is familiar with all provisions of the Contract Documents, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction that may be shown or indicated in or expressly required by the Contract Documents, that BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities and discrepancies that BIDDER has discovered in the Contract Documents and the written resolutions thereof by ENGINEER is acceptable to BIDDER, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing of the Work.

4.7 The provisions of 4.1 through 4.7 of this section, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste, or Radioactive Material covered by paragraph 4.5 of the General Conditions.

5. Availability of Lands for Work, Etc.

5.1 The lands upon which the Work is to be performed will be in the confines of street rights-of-way and public property. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes to existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents.

6. Interpretations and Addenda

6.1 All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the ENGINEER. Interpretation or clarifications considered necessary by ENGINEER in response to such questions will be issued only by Addenda mailed or delivered to all parties recorded by ENGINEER as having received Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by

ENGINEER.

7. Bid Security

7.1 Each Bid must be accompanied by a Bid Security consisting of a properly Certified Check, Cashier's Check, or Bid Bond on the form enclosed herewith, in the amount of five (5) percent of BIDDER's Total Bid Price, without conditions, payable to the City of Louisville, Colorado. The Bid Bond must be executed by a surety meeting the requirements of Paragraph 5.3 of the General Conditions. The cost of the Bid Security shall be included in the bid. The submission of the Bid and Bid Security is a pledge by the BIDDER that he will enter into an Agreement with the Owner on the terms stated in his Bid and will, if required, furnish required insurance certificates and bonds, covering the faithful performance of the Agreement and the payment of all obligations arising thereunder.

7.2 The Bid Security of the Successful BIDDER will be retained until such BIDDER has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful BIDDER fails to execute, enter into or deliver an Agreement in accordance with an accepted bid proposal, or fails to furnish the required bonds or certificates, within ten (10) days from the mailing of the Notice of Award, or if the BIDDER has been guilty of collusion with other BIDDERS in submitting the Bid, the OWNER may annul the Notice of Award and the Bid Security shall be forfeited to and retained by the OWNER as liquidated damages and not as a penalty. By submitting the Bid security with the bid proposal, the BIDDER agrees to liquidated damages in the event the BIDDER fails to enter into the Agreement with the OWNER. The OWNER shall not have to prove actual damages suffered in order to retain the Bid Security as liquidated damages. The OWNER and the BIDDER agree that liquidated damages are appropriate because the anticipated actual damages are uncertain in amount and difficult to forecast accurately. The OWNER and the BIDDER agree that the amount of the Bid Security is a reasonable estimate of damages and not disproportionate to the anticipated loss or injury. The Bid Security of other BIDDER'S whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the seventh day after the Effective Date of the Agreement whereupon Bid Security furnished by such BIDDER'S will be returned. Bid Security with Bids that are not competitive will be returned within fourteen days after the Bid opening.

8. Contract Time

8.1 The number of days within which, or the dates by which, the Work is to be completed (the Contract Time) is set forth in the Agreement.

9. Liquidated Damages

9.1 Provisions for liquidated damages, if any, are set forth in the Agreement and General Conditions.

10. Substitute and “Or Equal” Items

10.1 The Contract, if awarded, will be on the basis of materials and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or - equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in paragraphs 6.7.1, 6.7.2, and 6.7.3 of the General Conditions and may be supplemented in the General Requirements.

11. Subcontractors, Suppliers, and Others

11.1 When a BIDDER submits a Bid, that Bid shall include the Schedule of Subcontractors, which shall identify each element of the Work to be subcontracted. Subcontractors whose subcontract exceeds five percent of the Total Bid Price shall be prequalified by the City of Louisville City Engineer for their specific portion of the Work.

11.2 If OWNER, who after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, may before the Notice of Award is given, request the apparent Successful BIDDER to submit a substitute Subcontractor acceptable to the City without an increase in Bid price. If the apparent Successful BIDDER declines to make any such substitution, OWNER may award the contract to the next lowest BIDDER that proposes to use acceptable Subcontractors and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any BIDDER. Any Subcontractor or other person or organization listed and to whom OWNER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.8.2. of the General Conditions.

11.3 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, other person, or organization against whom CONTRACTOR has reasonable objection.

11.4 The Contract Documents will take precedence over any nonconforming data submitted. Any Bid specifically conditioned upon furnishing equipment or materials, which are not responsive to the Contract Documents, will not be considered.

12. Bid Form

12.1 The Bid Form is included in the Contract Documents. An electronic spreadsheet is available upon request, but a hard copy must be submitted with the sealed bids.

12.2 All blanks on the Bid Form must be completed by printing in ink or by typewriter. All unit prices including lump sums in the unit price schedule are to be expressed in numerals only.

12.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The state of incorporation shall be shown below the corporate name.

12.4 Bids by partnerships must be executed in the partnership name and signed by a duly authorized general partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. A partnership shall give the full names and addresses of all partners and their interest and role in the partnership business.

12.5 All names must be typed or printed in ink below the signature.

12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

12.7 The BIDDER's business address and telephone number for communications regarding the Bid must be shown.

12.8 Each Bid shall contain evidence of BIDDER's qualification to do business in the state of Colorado or covenant to obtain such qualification.

12.9 No alterations in Bids, or in the printed forms therefor, by erasures, interpolations, or otherwise will be accepted unless each such alteration is signed or initialed by the BIDDER; if initialed, OWNER may require the BIDDER to identify any alteration so initialed.

12.10 Bids will be based on a combination of unit price and lump sum schedules including alternatives. Unit price schedules shall be bid as provided in Paragraph 12.10.1 below. Lump sum schedules shall be bid as provided in paragraph 12.10.2 below.

12.10.1 Bids for unit price schedules shall be based on a unit price basis. The Total Bid Price will be determined as the sum of the products of the estimated quantity of each item and the unit price set forth in the Schedule of Unit Prices. The final Contract Price will be subject to adjustment according to final measured, used, or delivered quantities as provided in the Specifications and the unit prices in the Bid Form will apply to such final quantities except that unit prices may be subject to change by Change Order if quantities vary more than 25 percent.

12.10.2 Bids for lump sum schedules shall be based on a lump sum basis for each lump sum item.

13. Submission of Bids

13.1 Bids shall be submitted at the time and place indicated in the Advertisement of Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project Title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the BIDDER, and addressed to the City of Louisville as indicated in the Advertisement of Invitation to Bid accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed Bid shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of the separate sealed envelope.

13.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened. BIDDER shall assume full responsibility for timely delivery to the location designated for receipt of Bids.

13.3 Oral, telephonic, or telegraphic Bids are invalid and will not receive consideration.

13.4 No BIDDER may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association.

14. Modification and Withdrawal of Bids

14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

14.2 Bids may also be modified or withdrawn in person by the BIDDER, or an authorized representative provided he can prove his identity and authority.

14.3 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to BIDDERS.

14.4 If, within twenty-four hours after Bids are opened, any BIDDER files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security will be returned. Thereafter, that BIDDER will be disqualified from further bidding on the Work to be provided under the Contract Documents.

15. Opening of Bids

15.1 Bids will be opened and (unless obviously non-responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to BIDDERS.

16. Bids to Remain Open Subject to Acceptance

16.1 All Bids shall remain open for sixty (60) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid Security prior to that date.

17. Award of Contract

17.1 OWNER reserves the right to reject any or all Bids, including without limitation the rights to reject any or all irregular, nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any BIDDER if OWNER believes that it would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

17.2 In evaluating Bids, OWNER will consider the qualifications of the BIDDERS, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

17.3 OWNER will consider the qualifications and experience of Subcontractors and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted. OWNER also will consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

17.4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the BIDDER, proposed Subcontractors and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time.

17.5 If the contract is to be awarded, it will be awarded to the lowest responsible BIDDER based on the combination of Bid Schedules as determined by OWNER and whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the Project.

17.6 If the contract is to be awarded, OWNER will accept the Bid within sixty days after the Bid opening and will give the Successful BIDDER a Notice of Award within sixty-five days after the day of the Bid opening. The OWNER's acceptance of the Bid proposal shall bind the successful BIDDER to sign the Contract Documents within ten (10) days after the date of the receipt by the BIDDER of the Notice of Award. The rights and obligations set forth in the Contract Documents shall become effective only with the signature of the MAYOR on behalf of the City.

17.7 It is the OWNER’s intention to award the entire contract as bid. The OWNER reserves the right to award a contract that is in the best interest of the OWNER and within the amount budgeted.

The OWNER has or will have prior to award appropriated monies at least equal to the contract amount. The Total Bid Price, subject to the other considerations herein, shall be the basis of award. Quantities may be reduced in order to reach budget amount, in that case the unit prices shall govern to determine the lowest Total Bid Price, which shall then determine the basis of award. If quantity reductions are required, quantities may be reduced from any item. Bid may be awarded by adding (or subtracting) the base bid plus any add alternatives, at the OWNER’s sole discretion.

The BIDDER acknowledges that the OWNER has the right to delete any item of the Schedule of Unit Prices or change quantities and locations in any item at OWNER’s sole discretion without affecting the contract prices of any item of the Contract so long as the deletion or change does not exceed twenty-five percent (25%) of the Total Bid Price. Notwithstanding the foregoing, if a reduction is made in Unit Price items or quantities, the lump sum cost for traffic control shall be reduced by the same percentage as the percentage change made from the original unit price cost/quantity to the reduced original unit price cost/quantity.

Quantities listed in the Schedule of Unit Prices are approximate and are for the purpose of comparing bids. These quantities have been estimated and are for the general information of the BIDDER. Quantities are not guaranteed.

17.8 In addition to Paragraph 17.1 of the Instructions to Bidders, in evaluating Bids, the OWNER will consider Bids irregular, and intends to reject Bids, for any of the following substantial reasons:

17.8.1 Unsigned Bid Form;

17.8.2 Bid Forms which have items omitted by the BIDDER;

17.8.3 Altering a Bid as to specified time of commencement of completion of Work;

17.8.4 Bid Forms not accompanied by a Bid Security of character indicated or of an amount less than indicated;

17.8.5 If the Bid Form is on a form other than that provided in Contract Documents, or if the Bid Form is altered;

17.8.6 If there are unauthorized additions, conditional or alternate Bids, or discrepancies of any nature that make the Bid Form incomplete, indefinite, or ambiguous as to its meaning;

17.8.7 If the BIDDER adds any provisions reserving the right to accept or reject an award, or to enter into a Contract pursuant to an award;

17.8.8 If the Schedule of Unit Prices in the Bid Form does not contain a unit price for each item number listed; or

17.8.9 Submitting more than one Bid, where there is evidence that any BIDDER has an interest in more than one Bid for the same work, or where there is evidence of collusion or other illegal activities between BIDDERS. In addition to any other remedies the OWNER may have, the OWNER may retain as liquidated damages for the disruption of the bidding process the Bid Security of all bidders involved in collusion or other illegal activities. The BIDDER and the OWNER agree that the amount of the Bid Security is a reasonable estimate of damages for collusion and other illegal activities on the part of the BIDDER and not disproportionate to the anticipated loss or injury. A person or entity which has quoted prices to a BIDDER, is not hereby disqualified from quoting prices to other BIDDERS or from submitting a direct bid on its own behalf.

17.8.10 In evaluating Bids, the OWNER may consider Bids informal, and may, in its sole discretion, elect to waive informalities for the following minor reasons:

17.8.10.1 Omission of dates when signed, or title of person signing;

17.8.10.2 Failure to acknowledge an addendum, which does not affect quantity, quality, time, or price;

17.8.10.3 Submission of a Bid in an unsealed envelope;

17.8.10.4 Unit price Bids which include reconcilable arithmetic errors may be corrected if it does not change the unit price; or

17.8.10.5 Unit price Bids which include reconcilable arithmetic errors may be corrected if it does not change the amount on which the award will be based.

18. Contract Security

18.1 Paragraph 5.1 of the General Conditions set forth OWNER's requirements as to performance and payment Bonds. When the Successful BIDDER delivers the executed Agreement to OWNER it shall be accompanied by the required performance and payment Bonds.

19. Signing of Agreement

19.1 When OWNER gives a Notice of Award to the Successful BIDDER, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten (10) days after CONTRACTOR's receipt of the Notice of Award, CONTRACTOR shall sign and have notarized the required number of counterparts of the Agreement and attached documents and return them to the OWNER along with the required Bonds, insurance certificates and power of attorney authorizations.

20. Special Legal Requirements

20.1 OWNER's Finances. OWNER has made adequate financial arrangements for the completion of all Work required by the Contract Documents and welcomes inquiries from prospective BIDDERS on the prime contract.

21. Sales and Use Taxes

21.1 OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Refer to General Conditions 6.15 for additional information.

22. Retainage

22.1 Provisions concerning retainage and CONTRACTOR’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

23. Mistakes in Bidding Instructions

23.1 If the OWNER makes a mistake in drafting the Instructions to Bidders or any other Contract Documents, the OWNER reserves the right to reject any or all Bids, or to require that BIDDERS submit an alternate bid proposal with adjustments made to correct the error(s). Such errors will be set forth in an addendum. If the CONTRACTOR has already been selected and has started performing work under the contract, and the OWNER then discovers a mistake in the Contract Documents for which the OWNER is responsible, the OWNER may opt to reform the contract. If the mistake causes the Contractor to receive compensation for materials not used in the Work or for labor, which would not be required for the Work, the Contract Price shall be decreased proportionally. If the mistake causes the CONTRACTOR to fail to bid on work, which must be performed in order to properly complete the contract, the OWNER may increase the Contract Price to equal the proportionate increase in the cost of required materials and labor caused to the CONTRACTOR. In the alternative, the OWNER may solicit bids for such additional work, or the OWNER may reassign such additional work to another CONTRACTOR, as the OWNER deems appropriate. Nothing in this provision shall apply to mistakes made by the CONTRACTOR in completing the Bid Form or in performing the contract.

2026 Crack Seal Project

Bid Form

PROJECT: 2026 CRACK SEAL PROJECT

PROJECT NUMBER: 301312-660012

OWNER: CITY OF LOUISVILLE, COLORADO

THIS BID IS SUBMITTED TO: CITY OF LOUISVILLE, COLORADO

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with

OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of OWNER's Notice of Award.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

(a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date):

Date Number

(b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

(c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the General Conditions as provided in paragraph 4.2, and accepts the determination set forth in paragraph 4.2 of the General Conditions. BIDDER has inspected the site and has obtained conducted and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by BIDDER for such purpose.(d) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions.

(e) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

(f) BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that

BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

(g) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER.

4. BIDDER will complete the Work in accordance with Contract Documents for the following price(s):

Schedule of Unit Prices

BASE BID

ITEM

# DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL

1 Crack Sealant LB 38,550

2 Traffic Control LS 1

BASE BID TOTAL:

**THE BASIS OF AWARD SHALL BE THE TOTAL BASE BID PRICE

Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions.

BIDDER acknowledges that quantities are not guaranteed, and final payment will be based on actual quantities determined as provided in the Contract Documents.

5. BIDDER agrees that the Work;

Will be substantially complete and completed and ready for final payment in accordance with paragraph

14.13 of the General Conditions on or before the dates or within the number of Contract Days indicated in the Agreement.

BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

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

(a) Required Bid Security;

(b) A list of Subcontractors and other persons and organizations proposed to perform the Work are required to be identified on the Schedule of Subcontractors and submitted in this Bid;

(c) Anti-Collusion Affidavit; and

(d) If BIDDER is a partnership, a list of all partners, their addresses, and their interest and role in the partnership business.

7. Communications concerning this Bid shall be addressed to:

The address of BIDDER indicated below.

8. Terms used in this Bid, which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents, have the meanings assigned to them in the General Conditions.

SUBMITTED on _____________________________, 2026.

If BIDDER is:

An Individual

By ___________________________________________________________________________________________ (Individual's Name)

(SEAL)

doing business as _______________________________________________________________________________

Business address: _______________________________________________________________________________

Phone No.: ____________________________________________________________________________________

A Partnership

(Firm Name)

(SEAL)

(General Partner)

Business address: _______________________________________________________________________________

Phone No.: ____________________________________________________________________________________

A Corporation

By ___________________________________________________________________________________________

(Corporation Name)

(State of incorporation)

By ___________________________________________________________________________________________

(Name of person authorized to sign)

(Title)

(CORPORATE SEAL)

Attest ________________________________________________________________________________________

(Secretary)

Business address: _______________________________________________________________________________

Phone No.: _____________________________________________________________________________________

Date of Qualification to do business: ________________________________________________________________

A Joint Venture

By ___________________________________________________________________________________________

(Name)

(Address)

(Name)

(Address)

Phone Number and Address for receipt of official communications

(Each joint venturer must sign.