7027 - Construction Of North Bonnie Brae Street At Scripture Street Roundabout, 1- IFB- Spec Book00 21 13 - 1
INSTRUCTIONS TO BIDDERS
Page 1 of 11
CITY OF DENTON IFB #7027
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
SECTION 00 21 13 1
INSTRUCTIONS TO BIDDERS 2
Defined Terms 3
4
1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 5
00 - GENERAL CONDITIONS. 6
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1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 8
meanings indicated below which are applicable to both the singular and plural thereof. 9
10
1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 11
directly through a duly authorized representative, submitting a bid for performing 12
the work contemplated under the Contract Documents. 13
14
1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 15
corporation acting directly through a duly authorized representative, submitting a 16
bid for performing the work contemplated under the Contract Documents whose 17
principal place of business is not in the State of Texas. 18
19
1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 20
(on the basis of City's evaluation as hereinafter provided) makes an award. 21
22
1.2.4. Purchasing Agent: City designated representative to assist in solicitation of bids 23
from vendors for City contracts. 24
25
2. Copies of Bidding Documents 26
27
2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 28
resulting from the Bidders use of incomplete sets of Bidding Documents. 29
30
2.2. City and Engineer in making Bidding Documents available do so only for the purpose of 31
obtaining Bids for the Work and do not authorize or confer a license or grant for any 32
other use. 33
34
3. Minimum Qualifications 35
36
3.1. The following minimum requirements must be demonstrated in order for the submission 37
to be considered responsive. The form can be found in Section 00 45 13 – Bidder’s 38
Minimum Qualification Statement. 39
40
3.1.1. Bidder shall provide documentation demonstrating three (3) years minimum 41
experience providing services similar to those indicated in Section 00 11 13 – 42
Invitation to Bidders. 43
44
3.1.2. Bidder shall provide documentation of three (3) references from governmental 45
entities for which Bidder has performed similar services to those indicated in 46
Section 00 11 13 – Invitation to Bidders. 47
48
3.1.3. Bidder shall fill out provided safety record questionnaire. 49
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INSTRUCTIONS TO BIDDERS
Page 2 of 11
CITY OF DENTON IFB #7027
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
1
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3
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4. Prequalification of Bidders (Prime Contractors and Subcontractors) 5
6
4.1. Firm experience of at least 10 years in the construction of roadway projects, including 7
detailed information on prior project experience with the City of Denton as applicable. 8
9
4.2. Firm experience in the construction of at least 3 separate roadway projects successfully 10
completed which were similar in scope to at least a 4 lane divided roadway or larger. 11
12
4.3. Firm experience in the construction of at least 3 roadway projects each with a contract 13
value of at least $4,000,000 within the last 5 years. 14
15
4.4. Contractor shall have completed 3 projects within the last 10 years within the allotted 16
contract time. 17
18
4.5. Financial capability to prosecute the work as supported by an audited financial statement 19
for the previous year if requested. 20
21
4.6. Contractor shall not have been involved with liquidated damage or litigations in the 22
amount of $50,000 or more within the last 5 years. 23
24
4.7. Prime contractor must provide a project manager to the project with at least 10 years of 25
roadway construction experience. 26
27
5. Examination of Bidding and Contract Documents, Other Related Data, and Site 28
29
5.1. Before submitting a Bid, each Bidder shall: 30
31
5.1.1. Examine and carefully study the Contract Documents and other related data 32
identified in the Bidding Documents (including "technical data" referred to in 33
Paragraph 4.2. below). No information given by City or any representative of the 34
City other than that contained in the Contract Documents and officially 35
promulgated addenda thereto, shall be binding upon the City. 36
37
5.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 38
site conditions that may affect cost, progress, performance or furnishing of the 39
Work. 40
41
5.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 42
progress, performance or furnishing of the Work. 43
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INSTRUCTIONS TO BIDDERS
Page 3 of 11
CITY OF DENTON IFB #7027
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
5.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 1
contiguous to the Site and all drawings of physical conditions relating to existing 2
surface or subsurface structures at the Site (except Underground Facilities) that 3
have been identified in the Contract Documents as containing reliable "technical 4
data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 5
at the Site that have been identified in the Contract Documents as containing 6
reliable "technical data." 7
8
5.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 9
the information which the City will furnish. All additional information and data 10
which the City will supply after promulgation of the formal Contract Documents 11
shall be issued in the form of written addenda and shall become part of the Contract 12
Documents just as though such addenda were actually written into the original 13
Contract Documents. No information given by the City other than that contained in 14
the Contract Documents and officially promulgated addenda thereto, shall be 15
binding upon the City. 16
17
5.1.6. Perform independent research, investigations, tests, borings, and such other means 18
as may be necessary to gain a complete knowledge of the conditions which will be 19
encountered during the construction of the project. On request, City may provide 20
each Bidder access to the site to conduct such examinations, investigations, 21
explorations, tests and studies as each Bidder deems necessary for submission of a 22
Bid. Bidder must fill all holes and clean up and restore the site to its former 23
conditions upon completion of such explorations, investigations, tests and studies. 24
25
5.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 26
cost of doing the Work, time required for its completion, and obtain all information 27
required to make a proposal. Bidders shall rely exclusively and solely upon their 28
own estimates, investigation, research, tests, explorations, and other data which are 29
necessary for full and complete information upon which the proposal is to be based. 30
It is understood that the submission of a proposal is prima -facie evidence that the 31
Bidder has made the investigation, examinations and tests herein required. Claims 32
for additional compensation due to variations between conditions actually 33
encountered in construction and as indicated in the Contract Documents will not be 34
allowed. 35
36
5.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 37
between the Contract Documents and such other related documents. The Contractor 38
shall not take advantage of any gross error or omission in the Contract Documents, 39
and the City shall be permitted to make such corrections or interpretations as may 40
be deemed necessary for fulfillment of the intent of the Contract Documents. 41
42
5.2. Reference is made to Section 00 73 00 – Supplementary Conditions for identification of: 43
44
5.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 45
the site which have been utilized by City in preparation of the Contract Documents. 46
The logs of Soil Borings, if any, on the plans are for general information only. 47
Neither the City nor the Engineer guarantee that the data shown is representative of 48
conditions which actually exist. 49
50
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INSTRUCTIONS TO BIDDERS
Page 4 of 11
CITY OF DENTON IFB #7027
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
5.2.2. those drawings of physical conditions in or relating to existing surface and 1
subsurface structures (except Underground Facilities) which are at or contiguous to 2
the site that have been utilized by City in preparation of the Contract Documents. 3
4
5.2.3. copies of such reports and drawings will be made available by City to any Bidder 5
on request. Those reports and drawings may not be part of the Contract 6
Documents, but the "technical data" contained therein upon which Bidder is entitled 7
to rely as provided in Paragraph 4.02. of the General Conditions has been identified 8
and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 9
responsible for any interpretation or conclusion drawn from any "technical data" or 10
any other data, interpretations, opinions or information. 11
12
5.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 13
that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 14
exception the Bid is premised upon performing and furnishing the Work required by the 15
Contract Documents and applying the specific means, methods, techniques, sequences or 16
procedures of construction (if any) that may be shown or indicated or expressly required 17
by the Contract Documents, (iii) that Bidder has given City written notice of all 18
conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 19
written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 20
etc., have not been resolved through the interpretations by City as described in 21
Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 22
and convey understanding of all terms and conditions for performing and furnishing the 23
Work. 24
25
5.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 26
biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 27
Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 28
Documents. 29
30
5.5. The Bidder acknowledges and agrees to comply with the requirements of City Ethics 31
Ordinance No. 18-157. 32
33
6. Availability of Lands for Work, Etc. 34
35
6.1. The lands upon which the Work is to be performed, rights-of-way and easements for 36
access thereto and other lands designated for use by Contractor in performing the Work 37
are identified in the Contract Documents. All additional lands and access thereto 38
required for temporary construction facilities, construction equipment or storage of 39
materials and equipment to be incorporated in the Work are to be obtained and paid for 40
by Contractor. Easements for permanent structures or permanent changes in existing 41
facilities are to be obtained and paid for by City unless otherwise provided in the 42
Contract Documents. 43
44
6.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 45
in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-46
of-way, easements, and/or permits are not obtained, the City reserves the right to cancel 47
the award of contract at any time before the Bidder begins any construction work on the 48
project. 49
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INSTRUCTIONS TO BIDDERS
Page 5 of 11
CITY OF DENTON IFB #7027
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
6.3. The Bidder shall be prepared to commence construction without all executed right-of-1
way, easements, and/or permits, and shall submit a schedule to the City of how 2
construction will proceed in the other areas of the project that do not require permits 3
and/or easements. 4
5
7. Interpretations and Addenda 6
7
7.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 8
City in writing on or before 5 p.m., Friday March 29th. Questions received after this day 9
WILL NOT be responded to. Interpretations or clarifications considered necessary by 10
City in response to such questions will be issued by Addenda delivered to all parties 11
recorded by City as having received the Bidding Documents. Only questions answered 12
by formal written Addenda will be binding. Oral and other interpretations or 13
clarifications will be without legal effect. 14
15
Address questions to: 16
17
City of Denton 18
901-B Texas Street 19
Denton, TX 76209 20
Attn: Jamie Cogdell, Purchasing Division 21
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Email: Jamie.cogdell@cityofdenton.com 23
Phone: 940-349-7133 24
25
7.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 26
City. 27
28
7.3. Addenda or clarifications may be posted via the City’s online hosting site, which can be 29
located by visiting the City of Denton’s Purchasing Division website at 30
http://www.https://www.cityofdenton.com/en-us/business/solicitations-contracting and 31
clicking on the “See Open Solicitations” link. 32
33
7.4. A prebid conference may be held at the time and place indicated in the Advertisement or 34
INVITATION TO BIDDERS. Representatives of City will be present to discuss the 35
Project. Bidders are encouraged to attend and participate in the conference. City will 36
transmit to all prospective Bidders of record such Addenda as City considers necessary 37
in response to questions arising at the conference. Oral statements may not be relied 38
upon and will not be binding or legally effective. 39
40
8. Bid Security 41
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8.1. Each Bid for projects over $100,000, must be accompanied by Bid Bond made payable to 43
City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, 44
issued by a surety meeting the requirements of Paragraphs 5.01 of the General 45
Conditions, and in accordance with Texas Local Government Code 262.032. 46
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INSTRUCTIONS TO BIDDERS
Page 6 of 11
CITY OF DENTON IFB #7027
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
8.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 1
have been satisfied. If the Successful Bidder fails to execute and deliver the complete 2
Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 3
default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 4
Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 5
other Bidders whom City believes to have a reasonable chance of receiving the award 6
will be retained by City until final contract execution. 7
8
9. Contract Times 9
The number of days within which, or the dates by which, Milestones are to be achieved in 10
accordance with the General Requirements and the Work is to be completed and ready for 11
Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 12
attached Bid Form. 13
14
10. Liquidated Damages 15
Provisions for liquidated damages are set forth in the Agreement. 16
17
11. Substitute and "Or-Equal" Items 18
The Contract, if awarded, will be on the basis of materials and equipment described in the 19
Bidding Documents without consideration of possible substitute or "or-equal" items. 20
Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or-21
equal" item of material or equipment may be furnished or used by Contractor if acceptable to 22
City, application for such acceptance will not be considered by City until after the Effective 23
Date of the Agreement. The procedure for submission of any such application by Contractor 24
and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 25
Conditions and is supplemented in Section 01 25 00 of the General Requirements. 26
27
12. Subcontractors, Suppliers and Others 28
29
12.1. No Contractor shall be required to employ any Subcontractor, Supplier, other person 30
or organization against whom Contractor has reasonable objection. 31
32
13. Bid Form 33
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13.1. The Bid Form is included with the Bidding Documents; additional copies may be 35
obtained from the City. 36
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13.2. All blanks on the Bid Form must be completed and the Bid Form signed. Erasures or 38
alterations shall be initialed by the person signing the Bid Form. A Bid price shall be 39
indicated for each Bid item, alternative, and unit price item listed therein. In the case 40
of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may 41
be entered. Bidder shall state the prices, in both words and numerals, for which the 42
Bidder proposes to do the work contemplated or furnish materials required. If 43
handwritten, all prices shall be written legibly. In case of discrepancy between price 44
in written/typed words and the price in written/typed numerals, the price in 45
written/typed words shall govern. 46
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INSTRUCTIONS TO BIDDERS
Page 7 of 11
CITY OF DENTON IFB #7027
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
13.3. Bids by corporations shall be executed in the corporate name by the president or a 1
vice-president or other corporate officer accompanied by evidence of authority to 2
sign, as provided herein, Section 00 45 43 – Corporate Resolution of Authorizing 3
Signatories. The corporate address and state of incorporation shall be shown below 4
the signature. 5
6
13.4. Bids by partnerships shall be executed in the partnership name and signed by a 7
partner, whose title must appear under the signature accompanied by evidence of 8
authority to sign. The official address of the partnership shall be shown below the 9
signature. 10
11
13.5. Bids by limited liability companies shall be executed in the name of the firm by a 12
member and accompanied by evidence of authority to sign. The state of formation of 13
the firm and the official address of the firm shall be shown. 14
15
13.6. Bids by individuals shall show the Bidder's name and official address. 16
17
13.7. Bids by joint ventures shall be executed by each joint venturer in the manner 18
indicated on the Bid Form. The official address of the joint venture shall be shown. 19
20
13.8. All names shall be typed below the signature. 21
22
13.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 23
which shall be filled in on the Bid Form. 24
25
13.10. Postal and e-mail addresses and telephone number for communications regarding the 26
Bid shall be shown. 27
28
13.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 29
Texas shall be provided in accordance with Section 00 43 37 – Vendor Compliance 30
to State Law Non Resident Bidder. 31
32
14. Submission of Bids 33
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14.1. Bids may be submitted electronically or by hard copy. Electronic submittals may be 35
emailed to ebids@cityofdenton.com with the Bid Number and solicitation name in 36
the subject line. Bidder shall consolidate attachments as much as possible, and 37
electronic bids shall not exceed 35MB total for attachments. Emails received by the 38
City will remain unopened until after the due date and time. 39
40
14.2. Hard copies of bid bonds shall be submitted for both electronic and hard copy 41
submissions. Bonds must be submitted in a sealed envelope before the due date and 42
time as indicated in Section 00 11 13 – Invitation to Bidders. 43
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INSTRUCTIONS TO BIDDERS
Page 8 of 11
CITY OF DENTON IFB #7027
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
14.3. Bids shall be submitted on the prescribed Bid Form, provided with the Bidding 1
Documents, at the time and place indicated in the Advertisement or INVITATION 2
TO BIDDERS, and shall be enclosed in an opaque sealed envelope, marked with the 3
Bid Number, Project title, the name and address of Bidder, and accompanied by the 4
Bid security and other required documents, as indicated in Section 00 41 00 – Bid 5
Form. If the Bid is sent through the mail or other delivery system, the sealed 6
envelope shall be enclosed in a separate envelope with the notation "BID 7
ENCLOSED" on the face of it. Hard copy submissions shall also include a flash 8
drive, containing a complete copy of the response, and be addressed as follows: 9
10
City of Denton 11
901-B Texas Street 12
Denton, TX 76209 13
Attn: Materials Management/Purchasing Division, 14
IFB #7027, North Bonnie Brae Street at Scripture Street Roundabout 15
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INSTRUCTIONS TO BIDDERS
Page 9 of 11
CITY OF DENTON IFB #7027
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
15. Modification and Withdrawal of Bids 1
2
15.1. Bids addressed to the Purchasing Agent and filed with the Purchasing Division may 3
be withdrawn prior to the time set for bid opening. A request for withdrawal must be 4
made in writing by an appropriate document duly executed in the manner that a Bid 5
must be executed and delivered to the place where Bids are to be submitted at any 6
time prior to the opening of Bids. After all Bids not requested for withdrawal are 7
opened and publicly read aloud, the Bids for which a withdrawal request has been 8
properly filed may, at the option of the City, be returned unopened. 9
10
15.2. Bidders may modify their Bid by electronic communication at any time prior to the 11
time set for the closing of Bid receipt. 12
13
16. Opening of Bids 14
Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 15
abstract of the amounts of the base Bids and major alternates (if any) will be made available 16
to Bidders after the opening of Bids. 17
18
17. Bids to Remain Subject to Acceptance 19
All Bids will remain subject to acceptance for the time period specified for Notice of Award 20
and execution and delivery of a complete Agreement by Successful Bidder. City may, at 21
City's sole discretion, release any Bid and nullify the Bid security prior to that date. 22
23
18. Evaluation of Bids and Award of Contract 24
25
18.1. City reserves the right to reject any or all Bids, including without limitation the rights 26
to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 27
and to reject the Bid of any Bidder if City believes that it would not be in the best 28
interest of the Project to make an award to that Bidder, whether because the Bid is 29
not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 30
meet any other pertinent standard or criteria established by City. City also reserves 31
the right to waive informalities not involving price, contract time or changes in the 32
Work with the Successful Bidder. Discrepancies between the multiplication of units 33
of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 34
between the indicated sum of any column of figures and the correct sum thereof will 35
be resolved in favor of the correct sum. Discrepancies between words and figures 36
will be resolved in favor of the words. 37
38
18.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 39
among the Bidders, Bidder is an interested party to any litigation against City, 40
City or Bidder may have a claim against the other or be engaged in litigation, 41
Bidder is in arrears on any existing contract or has defaulted on a previous 42
contract, Bidder has performed a prior contract in an unsatisfactory manner, or 43
Bidder has uncompleted work which in the judgment of the City will prevent or 44
hinder the prompt completion of additional work if awarded. 45
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INSTRUCTIONS TO BIDDERS
Page 10 of 11
CITY OF DENTON IFB #7027
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
18.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 1
other persons and organizations proposed for those portions of the Work as to which 2
the identity of Subcontractors, Suppliers, and other persons and organizations must 3
be submitted as provided in the Contract Documents or upon the request of the City. 4
City also may consider the operating costs, maintenance requirements, performance 5
data and guarantees of major items of materials and equipment proposed for 6
incorporation in the Work when such data is required to be submitted prior to the 7
Notice of Award. 8
9
18.3. City may conduct such investigations as City deems necessary to assist in the 10
evaluation of any Bid and to establish the responsibility, qualifications, and financial 11
ability of Bidders, proposed Subcontractors, Suppliers and other persons and 12
organizations to perform and furnish the Work in accordance with the Contract 13
Documents to City's satisfaction within the prescribed time. 14
15
18.4. Contractor shall perform with his own organization, work of a value not less than 16
35% of the value embraced on the Contract, unless otherwise approved by the City. 17
Contractor shall complete and submit Section 00 43 36 – Proposed Subcontractors 18
Form. 19
20
18.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 21
responsive Bidder whose evaluation by City indicates that the award will be in the 22
best interests of the City. 23
24
18.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 25
contract to a Nonresident Bidder unless the Nonresident Bidder’s bid is lower than 26
the lowest bid submitted by a responsible Texas Bidder by the same amount that a 27
Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 28
comparable contract in the state in which the nonresident’s principal place of 29
business is located. 30
31
18.7. A contract is not awarded until formal City Council authorization. If the Contract is 32
to be awarded, City will award the Contract within 120 days after the day of the Bid 33
opening unless extended in writing. No other act of City or others will constitute 34
acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 35
the City. 36
37
18.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 38
39
18.9. Contractor is required to fill out the Certificate of Interested Parties Form 1295 and 40
the form must be submitted to the City Project Manager before the contract will be 41
presented to the City Council. The form can be obtained at 42
https://www.ethics.state.tx.us/tec/1295-Info.htm. 43
44
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INSTRUCTIONS TO BIDDERS
Page 11 of 11
CITY OF DENTON IFB #7027
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
19. Signing of Agreement 1
When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 2
required number of unsigned counterparts of the Agreement. Within 14 days thereafter 3
Contractor shall sign and deliver the required number of counterparts of the Agreement to 4
City with the required Bonds, Certificates of Insurance, and all other required documentation. 5
City shall thereafter deliver one fully signed counterpart to Contractor. 6
7
END OF SECTION 8