HomeMy WebLinkAbout1997-044ORDINANCE NO 9 7-0441
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS RATIFYING THE
CONTRACT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTIOYI That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bid
BID
NUMBER CONTRACTOR AMOUNT
1984 FURSTENBERG CONSTRUCTION CO $1,283,600 00
SECTION ION II That the prior execution of the contract, the payment bond and the
performance bond on January 22, 1997 is hereby ratified and approved and the effective date of the
contract shall be January 22, 1997, so that the acceptance and approval of the above competitive bids
shall constitute a contract between the City and the person submitting the bid for construction of
such public works or improvements herein accepted and approved, at the time such person complies
with all requirements specified in the Notice to Bidders including, without limitation, the timely
submittal of the appropriate insurance certificate
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SECTIONI That this ordinance shall become effective immediately upon its passage and
approval p�
PASSED AND APPROVED this the �a_ " day of 161414. 1
1997
MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
Jai�
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE FEBRUARY 18, 1997
CITY COI JNCELREPQRT
TO Mayor and Members of the City Council
FROM Ted Benavides, City Manager
SUBJECT BID #1984 - RENOVATION OF DENTON CITY HALL
RECQMMFNDATION We recommend this bid be awarded to the lowest responsible bidder, Furstenberg
Construction Company, in the amount of $1,283,600 00 with completion in 150 days without alternates
SUMMARY This bid is for the Phase I Renovation of City Hall at 215 E McKinney, Denton Texas The
bid includes but is not limited to, renovation of area vacated by staff move to City Hall West building,
compliance with ADA requirements, new fire sprinkler system, tv/audiovisual system in Council Chambers
and Council work/briefing area, compliance with current building codes, minor renovation to other occupied
areas as well as all associated wiring, painting, flooring, etc
This bid does not include Phase II renovation or the furniture required for Phase I or II
The project is designed and bid to maintain and/or to re-establish as much as possible the O'Neil Ford
Architectural concept throughout the building
The references and qualifications of the recommended contractor have been reviewed by Corgan Associates
Architects and they recommend approval (See memo attached)
PROGRAMS, DFPARTMENTS I1 .RO PC AFFECTED
Councd activities, and Citizens of Denton
FISCAL_IAIPACT� This project will be funded from
Employees located in City Hall, City
Account # 455-032-CHAL-9643-9101 $ 765,356
# 245-032-CHAL-9325-9101 $ 295,982
# 450-032-CHAL-9326-9101 $ 18,893
# 445-032-BLDG-9327-9101 $ 78,905
# 457-032-BLDG-9704-9101 $ 76,462
# 454-032-CHAL-9660-9101 $ 48,002
$1,283,600
Attachments 1 Memorandum dated 1-14-97 from Bruce Henington, Facilities Manager
2 Memorandum dated 12-30-96 from Louis Wolf, Corgan Architects
3 Tabulation Sheet
Respectfully submitted
ed Benavides
City Manager
Approved by
Name Tom D Shaw, C P M
Title Purchasing Agent
825 AGENDA
CITY of DENTON, TEXAS
MUNICIPAL BUILDING # 215 E McKINNEY • DENTON, TEXAS 7620
(817) 566-8200 • DFW METRO 434 2529
MEMORANDUM
TO Tom Shaw, Purchasing Agent
FROM Bruce Henington, Facilities Manager
DATE January 14, 1997
SUBJECT Denton City Hall Renovation
General Contractor Recommendation
Based on Corgan Associates Architects, Inc , research of the low
bidder (see attached memo dated December 30, 1996), Corgan has
recommended a contract be awarded to Furstenberg Construction
Company for the Denton City Hall Renovation in the amount of
$1,283,600
I agree with this recommendation and feel the contract should be
awarded to Furstenberg Construction Company, base bid # 1984 in the
amount of $1,283,600 with no alternates
We hope to start construction February 17, 1997, with completion
sometime in June/July 1997
Please 3,et us know ;"e can be of further assistance
At
3721 fm
4
"Dedicated to Quality Service"
JRN-14-1997 10 13 FROM CORGRN ASSOC INC
TO 18175668242 P 01
Mr. Bruce Hemngton
Facilities Manager
City of Denton
604 E Hickory Street
Denton, Texas 76205
Re' Denton City Hall Renovation
General Contractor Recommendation
Dear Bruce.
On December 19, 1996 the City of Denton received bids for the City of
Denton City Ball Renovation We received eleven (11) competitive
proposals. We have included the following information for your
review'
1. Complete bid tabulation form
2 Contractor Qualification Statement (low bidder Purstenburg
Construction Co , Inc )
Our analysis of the bids and bidders is as follows
I Responsive, competitive bids were received from eleven (11)
very capable general contractors The top five bids received
were within 4 % of each other
2 The low base bid of $1,283,600 is within the City of Denton's
original budget
3 We recommend awarding the Contract to the low bidder
without acceptance of the alternates
We have verified the resume of contacts for the apparent low bidder,
Furstenburg Construction Co , Inc. and the next apparent low bidder
Da1Mac Construction Co and talked to owners and architects of
previous construction projects, where the Owner remained in the
budding during construction All contacts were complimentary and did
not hesitate to recommend Furstenburg Construction or Da1Mac
Construction We have worked with both in the past and either would
be capable of executing this contract
Therefore, we recommend a contract for construction of the City Hall
Renovation for the City of Denton be awarded to Fursenburg
CDXceNAMCWN INC Construction Co., Inc in the amount of $1,283,600 00 This contract
501 ELM MEET includes the Base Bid amount with a 150 days construction period
DAUA6. TEXAS 7530a
TIL 214 746 7660
FAX 714 655 6r61
9523N00/tSl =?4MEND LTa
5
JRN-14-1997 10 13 FROM CORGRN ASSOC INC TO 18175668242 P 02
Mr Bruce Heamgton
30 December 19%
We request your action on this recommendation at this time,
Sincerely
Louis J Wolfe
.Associate
cc Joe F+urstenbuWFurstenburg Construction
9n2ZMD/C5=0MMEND LTR
rl
2
!
2I
2■
§ ||
§
■
§
§
�!§
!
f■Ii
§§S �
;
■
\
■
m
§
■
|
■
■
§
.
. I
.
.
.
.
,
.
.
.
.
..
,
.
.
.
.
.
.
.
.
.
•
.
..
.
.
.
.
.
.
.
.
,
,
■
;
$
|
'
|
&
�
�
,
' �
%
E)
?
■
`
7
�
!
,
i
■
,
#
e
.
,
�
.
_
■
tml
°
k
|
\
. Ln — + r
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
4F�lF
S
S
, made and entered into this 22nd day of
January A.D., 19 97 , by and between
CITY OF DENTON
of the County of
through TED BENAVIDES
and State of Texas, acting
thereunto duly authorized so to do, hereinafter termed "OWNER," and
FURSTENBERG CONSTRUCTION COMPANY
2621 W. MOCKINGBIRD LANE
DALLAS, TEXAS 75235
of the City of DALLAS , County of DALLAS
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1984 - RENOVATION OF CITY HALL
in the amount of $1,283,600.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA - 1
blueprints, and other drawings and printed or written explanatory
matter ,thereof, and the Specifications therefore, as prepared by
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR
price or prices shown in the Proposal, which
contract, such payments to be subject to the
Conditions of the Contract.
CA - 2
in current funds the
forms a part of this
General and Special
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day firs-L above written
V
APPROVED AS TO FORM:
City Attorne
AAA0184D
Rev. 04/05/96
CA - 3
CITY OF DENTON
OWNER
Bye �r
(SEAL)
FURSTENBERG CONSTRUCTION COMPANY
CONTRACTOR
2621 W Mockingbird Lane
Dallas. Texas 75235
MAILING ADDRESS
(214)-902-4800
PHONE NUMBER
FAX
H
TITtE
Joe Furstenbere
PRINTED NAME
(SEAL)
Bond No 33-72812
PERFORMANCE BOND
STATE OF TEXAS $
COUNTY OF DENTON $
KNOW ALL MEN BY THESE PRESENTS: That FURSTENBERG CONSTRUCTION
COMPANY , of the City of DALLAS
County of DALLAS , and State of TEXAS
as PRINCIPAL, and Bankers Insurance Company
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the THE CITY OF DENTON
as OWNER, in the penal sum of ONE MILLION TWO HUNDRED EIGHTY THREE
THOUSAND SIX HUNDRED and no/100----- Dollars ($ 1,283,600 00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
Dointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 22nd day of January
19 97 , for the construction of BID # 1984 - RENOVATION OF CITY HALL
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Texas Government Code, Chapter 2253 (Vernon, as
currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein
PB - 1
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lze in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 22nd day of January
19 97
FURSTENBERG CONSTRUCTION COMPANY, INC
Principal
�� By- y
Joe Fuv§tenberg ex
Title `Ffreaident
Address: 2621 W Mockingbird Ln
Dallas, TX 75235
(SEAL)
BANKERS INSURANCE COMPANY
Surety
Michele l e D gnon
Title Attorney -in -Fact
Address P 0. Box 15707
St Petersburg, FL 33733-5707
(SEAL)
The name and address of the Resident Agent of Surety is
Sammons & Ellis, Inc
14114 Dallas Par way
Dallas TX 75240
(972) 980-9595
NOTE Date of Bond must not be prior to date of Contract.
AAA0184D
Rev 04/05/96
1!2:> 4
Bond No 33-72812
STATE OF TEXAS S
COUNTY OF DENTON S
MOW ALL MEN BY THESE PRESENTS: That FURSTENBERG CONSTRUCTION
COMPANY of the City of DALLf'S
County of DALLAS and the State of TEXAS
as principal, and Bankers Insurance Company
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
CITY OF DENTON , OWNER, in the jpenal sum of
NDRONE MILLION TWO HUNDRED EIGHTY THREE THOUSAND SIX Dol larsd($1,283,600.00 )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 22nd day of January
BID # 1984 - RENOVATION OF CITY HALL
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect,
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 3
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 22nd day of January
19 97
FURSTENBERG CONSTRUCTION COMPANY, INC
Principal
By �►'�
Title
Address: 2621 W Mockingbird Ln
Dallas, TX 75235
(SEAL)
BANKERS INSURANCE COMPANY
Surety
i s h e e eg n !_
Title Attorney -in -Fact
Address: P 0 Box 157U7
St Petersburg, FL 33733-5707
(SEAL)
The name and address of the Resident Agent of Surety is
Sammons & Ellis, Inc
14114 Dallas Parkway #390
Dallas TX 75240
(972) 980-9595
AAA0184D
Rev 04/05/96
PB - 4
Power of Attorney 33-72813
KNOW ALL MEN BY THESE PRESENTS That Bankers Insurance Company, a corporation created by and existing under the laws of
the State of Florida having its principal office in the City of St Petersburg, Pinellas County, State of Florida, does hereby nominate, constitute
and appoint
Tom P Ellis, III, Charles D Sammons, Patrick Dessauer, and/or Michele Degnon
of the City of Dallas I Dallas County, State of Texas , each its true and
lawful, Attorney in Fact, with full power and authority conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as
Surety as its act and deed, any bond, undertaking, consent or agreement, not exceeding Two Million and XXI100 Dollars ($2,000,000 00) which
this Company may be authorized to write
The Bankers Insurance Company further certifies that the following is a true and correct copy of Article IV, Section 6 of the By Laws
duly adopted and now in force, to wit
SECTION 8, PRESIDENT The President shall in the absence or disability of the Chairman preside over all meetings of the
Directors and Shareholders and shall have general supervision of the affairs of the Corporation, shall sign or countersign
certificates, contracts, and other instruments of the Corporation as authorized by the Board of Directors, shall make reports
to the Board of Directors and Stockholders, and shall perform all such other duties as are incident to his office or are
properly required of him by the Board of Directors
IN WITNESS WHEREOF, the Bankers Insurance Company has caused these presents to be signed by its President and,rts`CJrpbrhta,
Seal to be affixed by its Secretary this 17th day of Mav , 19 94
ATTEST BANKERS I S RANC COMP
�� ry
G nstm Delano, Secretary David C eehen, Pr si en
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by this Board
of Directors of the Bankers Insurance Company at its monthly meeting held in August 1981
RESOLVED, that the signatures of such Officers and the Seal of the Corporation may be affixed to any such Power of
Attorney or any certified copy thereof or any certification relating thereto, by facsimile and any such Power of Attorney or
any certified copy thereof, or any certification relating thereto bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Corporation in the future with respect to any bonds undertakings, recognizance or contracts of
indemnity to which it is attached
STATE OF FLORIDA 1
) SS
COUNTY OF PINELLAS 1
BEFORE ME, the undersigned authority, personally appeared DAVID K MEEHAN and G KRISTIN DELANO who acknowledged themselves
to be the President and Secretary of Bankers Insurance Company, a Florida corporation, and they as such President and Secretary being authorized
to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by themselves as President
and Secretary, and that said secretary affixed thereto the seal of the corporation and attested to the execution of the foregoing instrument
IN WITNESS WHEREOF, I hereunto set my hand and seal this 17th day of Mav , 19 94
now •OFFIOIAL SEAL"
aMr
My Commission Expires +� �` 1C0�� �18Q183
1661J1j97 4Notarylrc Caro n Thames
C00atds" MCC 25M
I, the undersigned, Secretary of Bankers Insurance Company, do hereby certify that the original Power of Attorney, of which the
foregoing is a full, true and correct copy, is in full force and effect
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretar and affix the corporate seal of the Corporation this
22nd day of January 19 97
(SEAL)
Kristin Delano Secretary
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below It is highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine in advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein If an apparent low bidder falls to
comply strictly with the insurance requirements, that bidder may be disqualified from
award of the contract Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum Insurance coverage as
indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time, however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted.
• Each policy shall be issued by a company authorized to do business in the
State of Texas with an A M Best Company rating of at least A
• Any deductibles or self -insured retentions shall be declared in the bid
proposal If requested by the City, the insurer shall reduce or eliminate
such deductibles or self -insured retentions with respect to the City, its
AAAW350
REVISED 10/12194 Cl - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses
• Liability policies shall be endorsed to provide the following
•• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
• • That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and
that this insurance applies separately to each insured against whom
claim is made or suit is brought The inclusion of more than one
insured shall not operate to increase the insurer's limit of liability
• All policies shall be endorsed to provide thirty(30) days prior written notice
of cancellation, non -renewal or reduction in coverage
• Should any of the required Insurance be provided under a claims -made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered.
• Should any of the required Insurance be provided under a form of coverage
that includes a general annual aggregate limit providing for claims
Investigation or legal defense costs to be included in the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability Insurance
• Should any required Insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date If insurance is not reinstated, City
may, at its sole option, terminate this agreement effective on the date of
the lapse
AAA00350
REVISED 10112/94 Cl - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
[x] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
S2.002_000_ooshall be provided and maintained by the contractor The policy
shall be written on an occurrence basis either in a single policy or In a
combination of underlying and umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used.
• Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage
• Coverage B shall include personal Injury
• Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, It shall include at least
• Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal Injury liability and broad form
property damage liability.
AAA00350
REVISED 10112/94 Cl - 3
Insurance Requirements
Page 4
bd Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $500,000.00 either in a single
policy or in a combination of basic and umbrella or excess policies. The policy
will include bodily Injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract
Satisfaction of the above requirement shall be in the form of a policy
endorsement for*
• any auto, or
• all owned, hired and non -owned autos
fxl Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, in addition to meeting the minimum statutory requirements for issuance
of such insurance, has Employer's Liability limits of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational disease The City need not be named as an "Additional Insured"
but the insurer shall agree to waive all rights of subrogation against the City,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC)
[ i Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
AAA00350
REVISED 10112/04 Cl - 4
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability Insurance Policy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate.
[ 1 Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or Is
unavailable to the contractor or if a contractor leases or rents a portion of a
City building Limits of not less than each occurrence are required
[ 1 Professional Liability Insurance
Professional liability insurance with limits not less than per claim
with respect to negligent acts, errors or omissions In connection with
professional services is required under this Agreement
[ 1 Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value
shall be provided. Such policy shall include as "Named Insured" the City of
Denton and all subcontractors as their interests may appear
[ 1 Additional Insurance
Other insurance may be required on an Individual basis for extra hazardous
contracts and specific service agreements If such additional Insurance Is
required for a specific contract, that requirement will be described In the
"Specific Conditions" of the contract specifications
AAA00350
REVISED 10/12194 Cl - 5
Insurance Requirements
Page 6
ATTACHMENT 1
[ ] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions,
Certificate of coverage ("certificate") -A copy of a certificate of Insurance,
a certificate of authority to self -insure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons providing services on the project ("subcontractor" in §406 096) -
mcludes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor
carriers, owner -operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011(44) for all employees of the contractor providing services
on the project, for the duration of the project
AAAW350
REVISED 10/12/94 Cl - 6
Insurance Requirements
Page 7
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage with
the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project, and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter
G The contractor shall notify the governmental entity in writing by certified
mad or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project
H The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
AAA00350
REVISED 10/12/94 Cl - 7
Insurance Requirements
Page 8
I The contractor shall contractually require each person with whom It
contracts to provide services on a project, to.
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011(44) for all of its employees providing services on the project,
for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage Is being
provided for all employees of the person providing services on the
project, for the duration of the project,
(3) provide the contractor, prior to the and of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other person with whom It contracts, and provide to
the contractor
(a) a certificate of coverage, prior to the other person beginning
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, If the coverage period
shown on the current certificate of coverage ends during the
duration of the project;
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) notify the governmental entity In writing by certified mall or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person providing services on the project, and
AAA00350
REVISED 10/12/04 CI " 8
Insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are providing services.
J By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will provide services on the protect will
be covered by workers' compensation coverage for the duration of the
protect, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate Insurance carrier or, in the case of a self -insured, with
the commission's Division of Self -Insurance Regulation. Providing false or
misleading Information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions
K. The contractor's failure to comply with any of these provisions Is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
AAA00360 Cl - 9
REVISED 10/12/04
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
DOCUMENT 00300
BID FORM
SUBMITTED BY Furstenberg Construction Co , Inc
(Name of Bidder))
2621 W Mockingbird Lane
Dallas, Texas 75235
(Address)
Dear Sir
The undersigned, having examined the drawings, specifications, related documents, and the sites
of the proposed work, and being familiar with all of the conditions surrounding the work, including
the availability of materials and labor, hereby proposes to furnish all labor, materials, and
equipment required for General Construction and Renovation of the Denton City Hall Facility
in accordance with the drawings and project manual prepared by Corgan Associates, Inc , Architects
for the lump sum BASE BID amount of
BASE BID
Note Amount shall be shown in both words and figures In case of discrepancy, the
amount shown in words shall govern
Note The above amount does not include State of Texas Sales Tax
The undersigned affirms that the above stipulated base bid sum represents the entire cost per
drawings, specifications, and addenda and that no claim will be made on account of any increase in
wage scales, material prices, taxes, insurance, cost indexes, or any other rates affecting the
construction industry and/or this project
Should the undersigned fail to deliver the signed Contract or the required Bonds within the 10 day
period, the Bid security accompanying this Bid will be forfeited to the Owner as liquidated
damages
Unit Prices Unit prices shall cover cost of materials in place, including all labor, materials,
equipment, incidentals, services, overhead and profit
Unit Price No I Base Bid is based on drilling piers to depths indicated on Drawings and includes
drilling, reinforcing, mixing and placing concrete Adjustments of Contract amount, made on actual
16 December 1996 00300-1 CAI 95222 00
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
depth of drilled piers, will be made on basis of sum of net differences in length of pier size
multiplied by unit price stated for that pier size
Item
Unit Add Deduct
1 Drilled Piers
Lineal Feet
of Pier 18" $ $20 00/If $16 00/If
2 Casings for
Lineal Feet
Drilled Piers
of Casing 18" $ 7 50/lf $5 50/If
Unit Price No 2 Base Bid is based on General Contractor replacing 10 ballasts for the existing
light fixtures Provide unit pricing for additional ballast
Unit Price No 2 $70 00
Alternates The undersigned agrees to the following additions or deductions from the Base Bid
Sum if the listed alternates itemized below are accepted by the Owner Alternate prices include all
variations in profit, overhead, bonds, insurance and similar related items, and represent the total cost
to the Owner for each Alternate
Alternate No 1 Remove finish to bare wood on existing 2 x 6 Western Cedar Roof Deck at ceiling
of Council Chambers Room and provide new stain finish to match existing
Add to Base Bid the following amount
Fourteen thousand five hundred sixty and no/100
Dollars ($14,560 00 )
Alternate No 2 Re -use existing brick from new openings in existing masonry walls and rest room
demolition for the new brick wall at exit stairs from the Council Chambers south exit in lieu of new
bricks to match existing
Add to Base Bid the following amount
One thousand one hundred twenty five and no/100
Dollars ($1,125 00 )
Alternate No 3 Provide 3/4" carved white pine wood sticks at the Council Chambers dais and
carved sticks at wood storefront in lieu of plain stick system in base bid
Add to Base Bid the following amount
Nine hundred ninety and no/100
Dollars ($990 00 )
Alternate No 4 Provide motorized blackout shades in Council Work/Briefing Room
Add to Base Bid the following amount
Nine thousand one hundred sixty and nol/00
Dollars ($9,160 00 )
16 December 1996 00300-2 CAI 95222 00
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Alternate No 5 Provide additional roof screen walls as indicated on Supplementary Drawings
SDA-1 & 2
Add to Base Bid the following amount
Seven thousand fifty nine and no/100
Enclosed with this proposal is bid security in the Sum of (5% of Bid)
Dollars ($ )
Time of completion The undersigned agrees to commence work under this contract within 10 days
of receipt of written Notice to Proceed from the Owner, and to substantially complete the entire
work for the project as follows prior to 150 calendar days
Addenda The undersigned hereby acknowledges receipt of the following addenda to the Drawings
and Specifications, all of the provisions and requirements of which addenda have been taken into
consideration in the preparation of this Proposal
Addendum No 1 dated 12-10-96
Addendum No 2 dated 12-16-96
Addendum No dated
Attachments The undersigned hereby acknowledges attachment to this Proposal Form a current
and complete AIA Document A305 Contractor Qualification Form
16 December 1996 00300-3 CAI 95222 00
1
2
3
4
5
6
7
8
9
10
11
21
22
23
24
25
26
Date 12/19/96 Signed
Title President
Name of Firm Furstenberg Construction Co, Inc
2621 W Mockingbird Lane
Dallas, Texas 75235
Organized as a (Mark one)
Proprietorship
Corporation
of the State of Texas
2621 W Mockingbird Lane
Dallas, Texas 75235
December 19, 1996
Telephone No (214)-902-4800
If bid is by a corporation, affix seal above address
16 December 1996
C�1►iZiTai t3 h7 oC1] t7u I
00300-4
CAI 95222 00
PRODUCER
Sammons 6 Ellis, Inc.
14114 Dallas Pkwy, Suite 390
Dallas, TX 75240
(214)980-9595 Fa8(214)980-7868
IME DATE (MMIDDAY)
1/22/1997
SISSUED AS A MATTER OF INFORMATION ONLY AND
'S UPON THE CERTIFICATE HOLDER THIS CERTIFICATE
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
COMPANIES AFFORDING COVERAGE
INSURED
Furstenberg Construction
and Joe Furstenberg, Indv.
12900 Preston rd. #705
Dallas, TX 75230
pOETTERPAMNY A General Accident Company
R
CETTOMPANYER B
L
DAY C
�Y D
COMPANY E
LETTER
COVERAGE' > :a'# E.s - a "s
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE (MMDAY) DATE(MMIDDHY)
A GENERAL UABBITY
GENERAL AGGREGATE S
2, 000, DOI
X COMMERCIAL GENERAL LIABILITY TPP1095n2.05
PRODUCTSCOMP,OP AGG S
2,000, D O I
CLAIMS MADE X OCCUR
1 1/ 0 9 /9 6 1 1/ 0 9/ 9 7 PERSONAL S ADV INJURY $
1, 0 0 0, O OI
OWNERS S CONTRACTORS PROT
EACH OCCURRENCE S
1, 0 0 0 , 0 01
FIRE DAMAGE (My one Ore) S
Sol 00
MED EXPENSE (MY one Peron) S
5,00
AUTOMOBILE LIABILITY
COMBINED SINGLE
LIMIT s
1,000,00
A X ANY AUTO BA0129433A5
ALL OWNED AUTOS
11 / 0 9 / 9 6 11 / 0 9 / 9 7 BODILY INJURY
S
(Per person)
SCHEDULED AUTOS
X HIRED AUTOS
BODILY VUURY S
(Per amia m)
X NON -OWNED AUTOS
GARAGE LIABILITY
PROPERTY DAMAGE $
EXCESS LIABILITY
EACH OCCURRENCE S
1, 000, 00
A UMBRELLA FORM FURSOI-XS
01 /2 2 /9 7 11 / 12 / 9 7 AGGREGATE s
1,000,00
X OTHER THAN UMBRELLA FORM
X STATUTORY LIMITS
WORKER S COMPENSATION
A VIC014664"2
11/12/96 11/12/97EACH ACCIDENT s
500,00
AND
DISEASE POLICY LIMIT S
500,00
EMPLOYERS LIABILITY
DISEASE EACH EMPLOYEE S
5 0 0, 0 O
OTHER
DESCRIPTION OF OPERATIONBM1OCATIONSVEHICUUMPECIAL TIEYS
RENOVATION OF CITY HALL; CITY OF DENTON, ITS OFFICIALS, AGENTS,
EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSUREDS. WAIVER
OF SUBROGATION APPLIES TO WORKERS' COMPENSATION COVERAGE.
DEFENSE IS OQTSIDE THE LIMIT O LIABILITY.
:('t w i1Fl ATE•841.flER@v'a'`3tr�. w„<332w 2>°';<i2.'�" i;' . �a$aiF' ,-OAN0p4A7 ioN "r
,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 3 00 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF DENTON ¢5' LEFT, BUT FAILURE TO MAIL SUCH NO E SHALL IMPOSE NO OBLIGATION OR
123 E. MCRINNEY %I UABIUTY~Y NIND UPON THE CPMPP !Y ITS AGENTS OR REPRESENTATIVES
TX 76201
F�,