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1997-044 ORD1NANCENO 9 7"O/'/(q 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 Nds for the construction of pubhc works or ~mprovements ~n accordance w~th the procedures of STATE law and C~ty ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described Nds are the lowest responmble bids for the constructmn of the pubhc works or ~mprovements described m the Nd ~nvitatlon, Nd proposals and plans and specfficat~ons there~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTIOBLI That the following competitive Nds for the construction of pubhc works or ~mprovements, as described ~n the "Bid Invaat~ons", "B~d Proposals" or plans and spec~fications on file ~n the Office of the C~ty's Purchasing Agent filed according to the Nd number assigned hereto, are hereby accepted and approved as being the lowest responsible Nd BID NUMBER CONTRACTOR AMOUNT 1984 FURSTENBERG CONSTRUCTION CO $1,283,600 00 SECTION 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 competmve bids shall constitute a contract between the C~ty and the person submitting the Nd for construction of such public works or ~mprovements herein accepted and approved, at the t~me such person comphes with all mqmrements specffied ~n the Not,ce to B~dders ~ncludlng, without hm~tatlon, the Umely submittal of the appropriate insurance certfficate SECTI~ffi That the C~ty Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or improvements ~n accordance with the Nds accepted and approved herein, provided that such contracts are made in accordance w~th the Notme to Bidders and B~d Proposals, and documents relating thereto specifying the terms, condtt~ons, plans and specifications, standards, quantities and specffied sums contmned there~n SECIION IV That upon acceptance and approval of the above competitive b~ds and the execution of contracts for the pubhc works and ~mprovements as authorized hereto, the Ctty Cotmcd hereby authorizes the expenditure of funds m the manner and ~n the amount as spemfied ~n such approved b~ds and authorized contracts executed pursuant thereto SECIION V That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the /06~/~ day of ~ ,1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DATE FEBRUARY 18, 1997 CIT_YATA~ NC ILREPORT TO Mayor and Members of the City Council FROM Ted Benavldes, Ctty Manager SUBJECT BID #1984 - RENOVATION OF DENTON CITY HALL RECI2}MMEISIDATiO~ We recommend th~s btd be awarded to the lowest responsible bidder, Furstenberg Construction Company, in the amount of $1,283,600 00 with completion m 150 days without alternates gUMMARY Th~s b~d is for the Phase I Renovation of City Hall at 215 E McKtnney, Denton Texas The btd tncludes but ts not hmtted to, renovatton of area vacated by staff move to City Hall West bufi&ng, comphance w~th ADA reqmrements, new fire spnnkler system, tv/audiovtsual system tn Council Chambers and Counctl work/briefing area, comphance wtth current bufldmg codes, minor renovation to other occupied areas as well as all assoctated wrong, palntmg, flooring, etc Thts bid does not tnclude Phase II renovatton or the furniture reqmred for Phase I or II The project ts destgned and bid to maintatn and/or to re-establish as much as posstble the O'Netl Ford Amhitectural concept throughout the building The references and quahficat~ons of the recommended contractor have been revtewed by Corgan Assoctates Amhitects and they recommend approval (See memo attached) PROGRAMS.. DEPARTMENTS~ AFFECTED~ Employees located in City Hall, City Council aettvmes, and Cmzens of Denton FiSCAL_IMPACT~ Thts project will be funded from 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 Hemngton, Faclhtles Manager 2 Memorandum dated 12-30-96 from Louis Wolf, Corgan Amhttects 3 Tabulatton Sheet Respectfully submitted City Manager Approved by Name Tom D Shaw, C P M Title Purchasing Agent 825 AGENDA 3 CITY of DENTON, TEXAS MUNICIPAL BUILDING, 215 E McKINNEY . DENTON, TEXAS 7620; (617) 566-6200 ,, DIq/V METRO 434 2529 MEMOR3uAYDUM TO Tom Shaw, Purchasing Agent FROM Bruce Hen~ngton, Facilities Manager DATE January 14, 1997 SUBJECT Denton C~ty Hall Renovation General Contractor Recommendation Based on Corgan Associates Architects, Inc research of the low bidder (see attached memo dated December 3'0, 1996), Corgan has recommended a contract be awarded to Furstenberg Construction Company for the Denton C~ty Hall Renovation ~n the amount of $1,283,600 I agree w~th th~s recommendation and feel the contract should be awarded to Furstenberg Construction Company, base bid # 1984 in the amount of $1,283,600 w~th no alternates We hope to start construction February 17, 1997, w~th completzon sometime zn June/July 1997 can be of further asszstance 3721 fm 4 "Dedtcated to Quahty Servtce" JAN-l~-1997 10 1~ FROM CORGAN ASSOC INC TO 1817S~82~ P 01 1996 Mr. Bruce Henredon Fa~tlities Manager City of DenWn 604 E Hicl~,ry Street Denton, Texas 76205 Re' DenWn City Hall Renovauon ~ Contractor R~omm~detlon Dcar Bruce. On D~w~nb~r 19, 1996 thc City of De, n~n received bids for thc C~ty of Denton City Hall Renovauon We r~ceivod eleven (11) compmt~v¢ proposals. We have included the followm~ mformauon for your rsvlew° Complete bid mbulatioa form 2 Contractor Qualiflcauon Stat~ae~ (low bidder NVrstonburg Construction Co, lnc ) lOur anslysis of the bids and bidders ~ as follows 1 Re,pensive, coml~i~vo bids w~re r~eived from eleven (11) very capable g~nerul co.actors The top five bids r~eiv~cl wore witlun 4% of each oth~ 2 The low bas~ bid of $1,283,600 is within ~he City Of onp budS 3 We recommend awarding the Contract to the low b~dder without acceptance of tho alternates We have verified the resume of contacts for the a~ low bidder, l%,~tenbur~ Construction Co, Inc. and fha next apparent low bidder DalMac Construc~on Co and talked to owners and architects of previous construction proJects, where the Owner remained m the bmlding durhlg cons~'uct~on All colVacts were compl!mell~u3, and chd not hasltato to recommend Furstenburg Construction or DalMac Cons~'uction We have worked with both tn the past and either would be capable of cxecvtln$ ~ coatract Therefore, we recommend a coi~-~t for constntctton of the City Hall Renovation for the C~ty of Denton be awarded to FUrsenburg Construction CO., ~ m the amoullt of $1,28~,600 00 Th~ contract includes the Base Bid amount w~th a 150 days construction period 5 JAN-14-1997 10 15 FROM CORGAN ASSOC INC TO 18175668242 P 02 Mr Bru~e Henmgton 2 30 Oeceml~. 1996 We request your actton on this recommendation at this time. $1acet~ly, Louis I Wolf Assocmte cc $o~ l~rstenburs/Furstenbutg Constructmn G CONTRACT AGREElV[ENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 22nd day of January A.D., 19 97 , by and between CITY OF DENTON of the County of DE/FfON and State of Texas, acting through TED BENA~IDES thereunto duly authorized so to do, hereinafter termed "OWNER," and FURSTENBERG CONSTRUCTION COMPANY 2621 W. MOCK~NGBIi~D LANE D~T.T~S, TEXAS 75235 of the City of D~T~.~S , County of D~T~.~S 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 - i blueprints, and other drawings and printed or written explanatory matter ithereof, and the Specifications therefore, as prepared by all of which are made a part hereof and collectively evidenc~ and constitute the entire contract. Independent Status 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, invltees, 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. Choice of Law and Venue 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 in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have/ execute~ ~his agreement in the year and day firs~ above written~ By ATTE T: CONTRACTOR 2621 W Mockingbird Lane Dallas. Texas 75235 MAILING ADDRESS (214)-902-4800 PHONE NUMBER (~14)-902-4806 Joe Furstenber~ PRINTED NAME APPROVED AS TO FORM: (SEAL) AAA0184D Rev. 04/0S/96 CA - 3 Bond No 33-72812 PERFORMANCE BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW AT,T, MEN BY THESE PRESENTS: That ~uKSTENBERG CONSTRUCTION C0MPA~ , of the Clty of DBT.¥.~S County of D~.~.~S , 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 T~ CITY OF DENTON as OWNER, in the penal sum of ONE MILLION TWO ~DITDRED EIGH~"f ThrEE THOUSAND SIX HUNDRED and no/100 ..... Dollars ($ 1,283,600 oo ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, achulnlstrators, executors, successors and assigns, Dolntly 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 oontract 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 ~j~ PROVIDF~D FLrR~"6~, that if any legal action be filled upon this bond, venue shall i~e in Denton County, State of Texas. S~ety, for value reoe~ved, stipulates and agTees t-hat no change, extenslon of time, alteration or addition to the tez~s of ~e contract, or to ~e work perfo~ed ~ereunder, or ~e plans, speclflcations, or drawlngs accompanying ~e same, shall in any way affect its obliga=lon on ~ls bond, and it does hereby waive notlce of any such change, e~enslon of t~me, alteration or addition to the te~s of ~e contract, or ~o ~e work to be perfo~ed ~ereunder. IN WITNESS ~EOF, =he sald Prlnclpal and Surety have slgned and sealed thls ins=r~ent this 22nd day of January , 19 97 ~URS/ENBERG CONSTRUCTION COMPANY, INC BANKSRS INSURANC5 COMPANY Principal Surety By ~ ~ ~ ~~ e~~ Joe Fu~nberg ~ ~ D Tltle ~resident Title Att0rney-~m-~act Address: 2621W M0ckln~blrd Ln Address P 0. Box 15707 Dallas, TX 75235 St Petersburg, FL 33733-5707 (SEAL) (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 NOTE Date of Bond must not be prior to date of Contract. ;%AAO184D Rev 04/05/96 PB - 2 Bond No 33-72812 PAY/ ENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL ME/~ BY THESE PRESENTS: That FURSTENBERG CONSTRUCTION COMPANX of the City of County of D~.~.~ , and ~e State of ~ , as principal, and Ba,kers Insurance Company authorlzed under ~e laws of ~e State of Texas to act as surety on bonds for prlnclpals, are held and fl~ly bound unto CI~ OF D~N , 0~, in the pe~al s~ of ~ ~d no~O~--- O~ ~ION ~O ~D Eisa'tx 'r~ ~OU~ SIX Dollars ($.1,~3,600.00 .) for the pa~ent whereof, ~e said Principal and Surety bind themselves and their heirs, a~lnlstrators, executors, successors and assigns, jolntly and severally, by ~ese presents: ~S, the Prlncipal has entered into a certaln ~ltten contract w~th the O~er, dated the 22nd day of January 19 ~7 BID # 1984 - BENOVATION OF CITY HALL to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect, PROVIDED, HOWEVER, that t_hls bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 Surety, for value received, stipulates amd agree~ t_hat no change, e~enslon of time, alteration or addition to t_he terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, ex~enslon of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 22nd day of January 19 97 FURSTENBERG CONSTRUCTION COMPANY, INC BANKERS INSURANCE COMPANY Principal Surety ' - M]chele UegP~;n Tltle (~ d/~/ Tltle Attorney-1 n-Fact Address: 2621 W Mockingbird Ln Address: P 0 Box 157U7 Dalla$~ TX 75235 St Petersburg, Fh 33733-5707 (SF_JkL) (SF_JkL) The name and address of the Resident Agent of Surety Sammons & E1 Ils, 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 prmmpal office In the City of St Petersburg, Pmellns County, State o1 Florida, does hereby nominate, constitute and appomt Tom P Elhs, III, Charles D Sammons, Patrick Dessauer, and/or M]chele Degnon of the C~ty of D~]las , Da__.__]las County, State of Texas , each ~ts true and lawful, Attorney m Fact, with full power and authority conferred upon him to s~gn, execute, acknowledge and delwer for and on Its behalf as Surety as ~ts act and deed, any bond, undertaking, consent or agreement, not exceeding Two Million and XXIIO0 Dollars ($2,000,000 00) which this Company may be authorized to write The B8nkers Insurance Company further certifies that the following m a true and correct copy of Article iV, Section 6 of the By Laws duly adopted and now m force, to w~t SECTION 6, PRESIDENT The PresHent shaft m the absence or dmab~hty of the Chmrman premde over all meetings of the D~rectors and Shareholders and shaft have general supervmon of the affairs of the Corporatmn, shall s,gn or countersign certificates, contracts, and other Instruments of the Corporation ils 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 ,ncldent to hfs ofhce or are property requited of him by the Board of Directors iN WITNESS WHEREOF, the Bankers insurance Company has caused these presents to be s gned by its P~'estdent and,~ts C~rporbte,, Seal to be affixed by Its Secretary this 17th day of May, 19 94. · ATTES , BANKERS RANC.~ CO Davld/K '~han, Pr~sld'ent TMs Power of Attorney Is s~gned and sealed by facslmde under and by the authority of the following Resolutmn adopted by thl~ Bom'ii, · of Directors of the Bankers Insurance Company at ~ts monthly meeting held In August 1981 RESOLVED, that the signatures of such Officers and the Seal of the Corporatmn may be affixed to any such Power of Attorney or any certified copy thereof or any certification rdatmg thereto, by facsimile and any such Power of Attorney or any certified copy thereof, or any certification relating thereto bearing such facs~mde signatures or facmmile seal shall be vahd and binding upon the Corporation in the future with respect to any bonds undertakings, recognizance or contracts of ~ndemmty to wh,ch ~t m attached STATE OF FLORIDA ) ) SS COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority, personally appeared DAVID K UEEHAN and G KRISTIN DELANO who acknowledged themselves to be the President and Secretary of Bankers Insurance Company, a Florida corporatmn, 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 ~nstrument IN WITNESS WHEREOF, I hereunto set my hand and seal th~s 17th d~y o! May, 19 94 ~_~-MvO.~iOIfB~l~97 Notary Pubhc Caro~nt~ '£names I, the undersigned, Se~ of Bankers Insurance Company, do hereby certify that the anginal Power of Attorney, of wMch the foregoing ~s a full, true and correct copy, is tn full force and effect IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary.~apd atf~x the corporate seal of the Corporation this 22n.~d day of January ,1997 .(~~ (SEAL) · - - ~rKrlstm Oelano 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 availab;lity of insurance certificates and endorsements as prescribed and provided herein If an apparent Iow bidder fails 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 euccessful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: W~thout hm~ting any of the other obhgations or I,ab,l,t~es of the Contractor, the Contractor shall prowde and maintain unt,I the contracted work has been completed and accepted by the C,ty of Denton, Owner, the minimum ,nsurance coverage as ,nd,cared here,nafter As soon as pract,cable after notlf,cat~on of b,d award, Contractor shall file w,th the Purchasing Department sat,sfactory certificates of ~nsurance, conta~mng the b,d number and t~tle of the project. Contractor may, upon wntten request to the Purchasing Department, ask for clar,flcatlon of any insurance requ,rements at any t,me, however, Contractors are strongly adwsed to make such requests pr,or to b~d opemng, s,nce the ,nsurance requirements may not be modified or wa,ved after b,d opening unless a written exceptmon has been subm,tted w,th the bid Contractor shall not commence any work or deliver any mater;al unt, I he or she recmves notificat,on that the contract has been accepted, approved, and signed by the C;ty of Denton All insurance pohc,es proposed or obtained ,n satisfaction of these requ,rements shall comply w,th the following general spec,flcat,ons, and shall be maintained m comphance w,th these general spec,flcat~ons throughout the duration of the Contract, or longer, ~f so noted. · Each pohcy shell be ;ssued by a company authonzed to do bus,ness ~n the State of Texas w,th an A M Best Company rating of at least A · Any deduct,bias or self-,nsured retentions shall be declared ~n the b,d proposal If requested by the C,ty, the ~nsurer shall reduce or eliminate such deduct,bias or self-~nsured retent,ons w,th respect to the C~ty, ;ts AAAO0360 .~ws~o ~o/~2~4 CI - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related ~nvestigations, claim administration and defense expenses · Llab~hty policies shall be endorsed to provide the following · · Name as additional insured the C~ty of Denton, ~ts Officials, Agents, Employees and volunteers. · · That such insurance is primary to any other ~nsurance available to the additional insured with respect to claims covered under the policy and that this ~nsurance applies separately to each insured against whom claim is made or suit is brought The inclus~on of more than one insured shall not operate to increase the insurer's hm~t of Iiabihty · All pohc~es 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 anslng dunng the contract term which g~ve 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 hm~t prowding for claims investigation or legal defense costs to be included in the general annual aggregate hm~t, the contractor shall either double the occurrence hm~ts or obtain Owners and Contractors Protective Llab~hty 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 th~s agreement effective on the date of the lapse AAA00350 REVISED 10112/94 CI - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ~nsurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained ~n compllance with these additional specifications throughout the duration of the Contract, or longer, if so noted: ix] A. General Liabdity Insurance: General Lmblltty ~nsurance with combined s~ngle limits of not less than $2.ooo.ooo.ooshall be provided and maintained by the contractor The policy shall be written on an occurrence bas~s either in a single policy or in a combination of underlying and umbrella or excess pol~cms If the Commercml 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 covenng 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 Llabd~ty 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 habd~ty (preferably by endorsement) covering this contract, personal injury Imb;llty and broad form property damage habdlty. AAA00350 3 REVlSEO 10112/~4 ~l Insurance Requirements Page 4 Ix] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance w,th Combined Single Limits (CSL) of not less than Ssoo,ooo.oo rather in a single policy or ,n a combination of basic and umbrella or excess policies. The policy w~ll include bodily injury and property damage liability arising out of the operation, ma,ntenance and use of all automobiles and mobile equipment used ,n conjunction w~th this contract Satisfaction of the above requ,rement shall be in the form of a policy endorsement for' · any auto, or · all owned, h~red and non-owned autos Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ;nsurance which, ~n addition to meeting the minimum statutory requirements for ~ssuance of such ~nsurance, has Employer's Llablhty limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy lim,t 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 C;ty, ~ts 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 prows;ohs of Attachment I in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensat,on Commission (TWCC) [ ] Owner's and Contractor's Protective Liabihty Insurance The Contractor shall obtain, pay for and mamta,n at all times dur,ng the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability ~nsurance policy naming the City as insured for property damage and bodily ~njury which may anse m the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAA00360 ~'V~SED ~o;~ 2;4 CI - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be ~ssued by the same insurance company that carries the contractor's I,ability insurance Pol,cy limits will be at least combined bodily ~njury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability ,s not prov,ded or ~s unavailable to the contractor or if a contractor leases or rents a portion of a City building L;mlts of not less than each occurrence are requ,red [ ] Professional Liability Insurance Professional habllity insurance w~th limits not less than per claim with respect to neghgent acts, errors or omissions ~n connection w~th professional serv;ces ~s required under this Agreement [ ] Bu,lders' Risk Insurance Bu,lders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value shall be provided. Such pol,cy shall ~nclude as "Named Insured" the C~ty of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other ~nsurance may be required on an ~nd~wdual basis for extra hazardous contracts and specific service agreements If such additional insurance ~s required for a specific contract, that requirement w~ll be described in the "Specific Conditions" of the contract specifications AAA~00350 5 REVISED 10/12m4 Insurance Requirements Page 6 ATTACHMENT I [ ] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitles A. Definitions' Certificate of coverage ('certiflcate')-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 ent~W's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beg;nnlng of the work on the prolect unt;l the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the prolect ('subcontractor' ~n §406 096) - includes 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 ~ncludes, without hmltat~on, independent contractors, subcontractors, leasing compames, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to provide services on the project 'Services" include, w~thout hmltatlon, prowdlng, hauhng, or dehvenng equipment or materials, or prov,dlng labor, transportation, or other service related to a prolect. "Serwces" does not ~nclude activities unrelated to the project, such as food/beverage vendors, office supply dehvenes, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and flhng 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 prolect, for the duration of the prolect AAA00360 I~=VISEO 10112/04 Gl - 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 prov,ding serv,ces 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 penod shown on the current certificate of coverage ends during the duration of the prolect. 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 mall or personal delivery, w~thm 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person prowdmg services on the project H The contractor shall post on each project site a not~ce, m the text, form and manner prescribed by the Texas Workers' Compensation Commission. ~nformlng all persons providing serwces on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AAA00360 REVISED 10/12/94 CI - 7 Insurance Requirements Page 8 The contractor shall contractually require each person with whom it contracts to provide services on a project, to. (1) prowde coverage, based on proper reporting of class,flcatlon codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Sect;on 401 011 (~?.} for all of its employees providing aery,cea on the project, for the duration of the project; (2) prov,de to the contractor, prior to that person beg~nmng 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 end of the coverage per,od, a new certificate of coverage show,ng extension of coverage, ,f the coverage per,od shown on the current certificate of coverage ends dur,ng the duration of the project; (4) obtain from each other person w~th whom ~t contracts, and prowde 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, pr,or to the end of the coverage period, ,f the coverage period shown on the current certificate of coverage ends dunng the durat,on of the prolect; (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 wnt,ng by certified mad or personal dehvery, w~th~n 10 days after the person knew or should have known, of any change that matenally affects the prov,s~on of coverage of any person prowd~ng serwces on the project, and ~"~00350 REVISED 10112/94 CI - 8 Insurance Requirements Page 9 (7) contractually requ,re each parson with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the parson 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 prolect will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed w~th the appropriate insurance carrier or, in the case of a self-insured, with the commission's Diwsion of Self-Insurance Regular,on. 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 prows,ons is a breach of contract by the contractor which entitles the governmental entity to declare the contract void ,f the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. AAAO0350 CI - 9 REVISED 10112/94 4 DOCUMENT 00300 2 3 BID FORM 4 t5 SUBMITTED BY Furstenberg Constmctlon Co, Inc ? (Name of Bidder)) B 2621 W Moclongblrd Lane 0 Dallas, Texas 75235 40 (Address) Dear Sir The undersigned, having examined the drawings, specifications, related documents, and the sites of the proposed work, and being famlhar wtth all of the conditions surrounding the work, including the avmlabthty of materials and labor, hereby proposes to furmsh all labor, materials, and 17 equipment reqmred for General Construetmn and Renovatton of the Denton City Hall Fa¢lhty m accordance wtth the drawings and project manual prepared by Corgan Associates, Inc, Arclutects for the lump sum BASE BID amount of 21 BASE BID 22 23 24 Note Amount shall be shown in both words and figures In case of dtscrepancy, the 25 amount shown in words shall govern 27 Note The above amount does not include State of Texas Sales Tax 28 29 30 The undersigned affirms that the above stipulated base bid sum represents the entire cost per 34 drawings, specifications, and addenda and that no clmm will be made on account of any increase in 32 wage scales, material prices, taxes, insurance, cost indexes, or any other rates affecting the 33 constmcUon industry and/or this project 35 Should the undersigned fml to deliver the signed Contract or the required Bonds wtttun the 10 day 3t5 period, the Bid security accompanying tlus Bid will be forfeited to the Owner as hqmdated 37 damages 38 39 Unit Prices Unit prices shall cover cost of materials in place, including all labor, materials, 40 eqmpment, mmdantals, services, overhead and profit 41 42 Unit Price No 1 Base Bid ~s based on dnlhng p~ers to depths indicated on Drawmgs and includes 43 dnlhng, reinforcing, mixing and placing concrete AdJustments of Contract amount, made on actual 16 December 1996 00300-4 CAI 95222 00 depth of drilled p~ers, will be made on basis of sum of net differences ~n length of p~er size 2 mult~phed by umt price stated for that p~er s~ze 4 Item Unit Add Deduct 5 1 Drilled P~ers Lineal Feet 8 of Pier 18" $ $20 00/If $16 00/lf 7 2 Casings for L~neal Feet 8 Drilled Piers of Casing 18" $ 7 50/lf $5 50/If l0 Umt Price No 2 Base B~d is based on General Contractor replacing 10 ballasts for the erdst~ng 11 light fixtures Prowde umt pricing for addxt~onal ballast 12 Umt Price No 2 $70 00 Alternates The undersigned agrees to the following addltmns or deductions from the Base Bid Sum if the hsted alternates itemized below are accepted by the Owner Alternate prices include all varmtlons in profit, overhead, bonds, insurance and similar related ~tems, and represent the total cost to the Owner for each Alternate 19 Alternate No 1 Remove fimsh to bare wood on emstmg 2 x 6 Western Cedar Roof Deck at ceiling 20 of Council Chambers Room and prowde new stmn finish to match ex,sting 21 Add to Base Bid the followmg amount 22 Fourteen thousand five hundred s~xty and no/100 23 Dollars ($14,560 00 ) 24 25 Alternate No 2 Re-use emstmg brick from new opemngs m existing masonry walls and rest room 26 demolmon for the new brick wall at emt stmrs from the Council Chambers south emt In lieu of new 27 bricks to match ex~stmg 28 Add to Base B~d the following amount 29 One thousand one hundred twenty five and no/100 30 Dollars ($1,125 00 ) 32 Alternate No 3 Provide ~A" carved white pme wood st~cks at the Council Chambers dais and 33 carved st~cks at wood storefront in heu of 3A" plmn stick system in base b~d 34 Add to Base B~d the following amount 3§ Nine hundred ninety and no/100 36 Dollars ($990 00 ) 37 38 ARernate No 4 Provide motorized blackout shades in Council Work/Briefing Room 39 Add to Base B~d the following amount 40 N~ne thousand one hundred stxty and no 1/00 4'1 Dollars ($9,160 O0 ) 42 16 December 1996 00300-2 CAI 95222 00 1 Alternate No 5 Provide addational roof screen walls as indicated on Supplementary Drawangs 2 SDA-1 & 2 3 Add to Base Bid the follovang amount 4 Seven thousand fifty rune and no/100 § Dollars ($17,059 00) 6 7 Enclosed with thts proposal as bid security in the Sum of (5% of Bad) 8 Dollars ($ ) l0 Tame of completaon The undersagned agrees to commence work under this contract w~thm l0 days 1 ~ of receipt of written Notice to Proceed from the Owner, and to substantmlly complete the entire ~ 2 work for the project as follows prior to 150 calendar days ~3 ~4 Addenda The undersigned hereby acknowledges receipt of the followang addenda to the Drawings 1 § and Specifications, all of the provisions and requirements of which addenda have been taken into ~ 6 considemtmn an the preparataon of tins Proposal ~7 AddendumNo I dated 12-10-96 18 AddendumNo 2 dated 12-16-96 ~ 9 Addendum No dated 20 2~ Attachments The undersigned hereby acknowledges attachment to thas Proposal Form a current 22 and complete AIA Document A305 Contractor Quahficataon Form 23 24 16 December 1996 00300-3 CAI 95222 00 T~tle Pres~dant ff 5 Name of Farm Furstenberg Construction Co, Inc 6 2621 W Mockingbird Lane 7 Dallas, Texas 75235 8 9 Organized as a (Mark one) lO 11 Propnetorslup ~2 -~ ~ Partnershtp .Jl~der h'iedaw of the State of Texas ~hl A.~'ch~~;~,~ ~,~t.,r s 2621W Mockingbird Lane "~ ~ Dallas, Texas 75235 21 December 19, 1996 22 Telephone No (214)-902-4800 23 24 Ifb~d as by a corpomtaon, affix seal above address 25 26 END OF BID FORM 16 December 1996 00300-4 CAI 95222 00 ImODUCER THIS CERTIFIC,°.I= ~;= m=u=~, ,'.= ~ MATTER OF INFORMAllON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE E~mmOnS & Ell~# Il:to. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 14114 Dallas Pkw~, Suite 390 POUCIES BELOW Dallas, TX 75240 COMPANIES AFFORDING COVERAGE (214) 980-9595 Fax(214)980-7868 c°~"~ A General Accident Company Furstenberg Construction co~P~.v C and Joe Furstenberg, Indv. 12900 Preston rd. #705 c~YD Dallas, TX 75230 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDI~ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDmONS OF SUCH POLICIES DMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS A GENERAL LtAB~JTY GENERAL AGGREGATE 2 X COMMENCIAL GENERAL L~BILF~ TPP1095792-05 PROOUCT~COMP~DP AGG 2 · 00 0 ~ CL~IMSk~E X OCCUR 11/09/96 11/09/97 F~RSONAL&ADV INJURY 1,000100C OWNERS & CONTRACTOR~ PRO~ EACH OCCURRENCE 1, 00 0, U~ $ 1,000,00~ A X A~YAU~O RA0129433'05 ~ O~£D ~mOS 11/09/96 11/ 09/ 97 (Per per~} $ GARAGE LIABILi3Y F~OFE~'FI~ DAMAGE ~CENS u~s~.n~ EACH OCCURRENCE $ 1 ~ 000 ~ A u~a~u~ FO~ FURSOI-XS 01/22/97 11/ 12 / 9 7 AeeRRe^TE $ 1~000,000 omER ~, UMEN~U-~ A AND WC0146645-~2 11/12/96 11/12/97 EACH ACCIDENT $ 500,000 O~.~S~ POUCY U~ S 500, RENOVATION OF CITY H~LL~ CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ~RE INCLUDED ~S ADDITIONAL INSUREDS. W~IVER OF SUBROGATION APPLIES TO WORKERS~ COMPENSATION COVEP~GE. DEFENSE IS OOTBIDE THE L!~TT OF LIABILITY. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ~ MNL 30 DAYS WRITFEN NO, CE TO THE CER~FICATE HOLDER NAMED TO THE CITY OF DENTON ~!' LEFT, BUT FNLURE TO MNL SUCH NO~E SHALL IMPOSE NO OBUGA~ON OR 123 E. MCKINNEY ~ UABIUTY~%ARY ~ND UPON THE C~MP~Y F~ AGENTS OR REPRESEN~A~VES DENTON TX 7 201 I Il .