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 .