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Home My WebLink AboutJuly 25, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL July 25, 2006 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Work Session on Tuesday, July 25, 2006 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Receive a report, hold a discussion and give staff direction regarding nominations to the City's Boards and Commissions. 2. Receive a report, hold a discussion, and give staff direction regarding the City's Long Range Financial Forecast and Budget. 3. Receive a report, hold a discussion and give staff direction regarding a amendment to an Economic Development Program Grant Agreement between the City of Denton and SFT Industrial, Ltd, for the Granite Point Business Park development to include a one-time payment for infrastructure improvements. 4. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of July 25, 2006. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideratio n are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1. Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Consultation with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues relating to the creation of special districts in the ETJ requested by JNC and White Cake Denton, L.P. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City's legal position in any administrative proceedings or potential litigation. 2. Consultation with the City's Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the International City of Denton City Council Agenda July 25, 2006 Page 2 Association of Fire Fighters Local 1291, pursuant to Texas Local Government Code sec 142.101 et seq., and with the Denton Police Officers Association, pursuant to Texas Loc. Government Code 142.051, et seq. A private caucus on these topics is specifically authorized by Tex. Loc. Government Code SI42.113(b) and SI42.063(b), and public discussion would otherwise conflict with the duties of the City's attorneys to maintain confidential communications with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF 9551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, 9551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION 9551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Special Called Meeting of the City of Denton City Council on Tuesday, July 25, 2006 at 6:30 p.m in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMA TIONS/PRESENT A TIONS A. Proclamations/Awards B. July Yard-of.the-Month Awards 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. City of Denton City Council Agenda July 25, 2006 Page 3 Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - F). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - F below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of printing, typesetting, distribution and advertisement sales for the Parks and Recreation Department's PLAY Seasonal Brochure; providing for the expenditure of funds therefore; and providing an effective date (Bid 3529 - Annual Contract for P.A.R.D. Seasonal Catalogs awarded to the lowest bidder for each section in the gross amount of $45,936 less $12,000 (Estimated Ad Revenue) for a net estimated cost of $33,936. B. Consider adoption of an ordinance providing for the expenditure of funds for the emergency relocation of the Animal Services Crematorium in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3544 - Relocation of Animal Services Crematorium awarded to McCarty Construction and Crane Service in the amount of $29,060). C. Consider adoption of an ordinance authorizing and ratifying the procurement of the rental of a water wagon vehicle, which is necessary to preserve the public health and safety of the City's residents and therefore is exempt from competitive bidding under Section 252.022 (A) (2) of the local government code; providing for the expenditure of funds therefor; and providing an effective date (estimated amount of $45,000). D. Consider adoption of an ordinance accepting competitive bids and awarding an annual Indefinite Quantity Public Works contract for the purchase of miscellaneous concrete work; providing for the expenditure of funds therefore; and providing an effective date (Bid 3516 - Annual Contract for Concrete Work awarded to Floyd Smith Concrete Inc. in the estimated amount of $1,200,000). E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the abandonment of a portion of Nowlin Road between Teasley Lane and Saddleback Drive and being a portion of or adjacent to Wheeler Ridge, Phase Three, an Addition to the City of Denton, Texas, and providing an effective date. F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute on behalf of the City of Denton Amendment No.3 to an Airport Project Participation Agreement with the Texas Department of Transportation dated January 8, 2002 relating to the construction of improvements at the Denton Municipal Airport, and declaring an effective date. The Airport Advisory Board recommends approval (5-2). City of Denton City Council Agenda July 25, 2006 Page 4 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider appointments to the following boards and commissions: 1. Community Development Advisory Committee 2. Human Services Advisory Committee 3. Planning and Zoning Commission 4. Public Art Committee B. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Nell Yeldell regarding young people being discriminated against regarding utilities, funding and jobs. B. Carolyn Phillips regarding no District 1 representation on Charter Review Committee. C. Lou Lowther regarding members appointed to the Charter Review Committee. D. Bob Clifton regarding City business. E. John Paul Eddy regarding concerns for city council. C. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. D. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CER TIFICA TE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2006 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING l-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: July 25,2006 DEPARTMENT: City Manager's Office CM: Howard Martin, Interim City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding nominations to the City's Boards and Commissions. BACKGROUND Attached are the nominations Council has submitted for board and commission positions since the July 18th meeting and the vacancies that still need nominations. Council will be voting on approval of these nominations under "Items for Individual Consideration". One additional Council action is to designate the terms of office for the Public Art Committee. Four members must have a term of office from 2006-07 and five members must have a term from 2006-2008. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\Boards & Comm\Agenda Info Sheet for Nominations WS.doc BOARD AND COMMISSION NOMINATIONS Board Council Nomination Member Community Development Advisory Cmte. All Human Services Advisory Cmte. McN eill All Planning and Zoning Commission Montgomery McN eill Public Art Committee Heggins Kamp Diana Block NOTE: Term of office must be designated. Thomson J 0 Williams Four positions == 2006-07 McElroy Five positions == 2006-08 Montgomery Mulroy GDAC Jack Davis GDAC Joy Siegmund ~ ~ ~ ~ ~ ~ ~t'- 00 u~ I ~\O ~g ~<""l U ~ ~ ~ ~ ~ ~ 0) 1aoO ~O bOO .U; ~ 0)\0 ""dO 0)0 ..D<""l ~ ~ ~c.8 8 0) > ~~ S""d o ~ ~ ~ 08 r.rJ I 8\0 ~o 0)0 ~<""l ~ ~c.8 ~ ~ o ~ Z& ........ = a ~ J. ~ ~ ~~ ........ = ..... ~ ~ a .~ d .- .- _ 0 o ~ < ~ = ~ 0 =..= ~ c. o~ ~ ~ ~ = ~ 0 a..= o c. ==~ ~ ~ ..... .- ~ ~ = ~ =..... u~ rI.l rI.l ~ J. 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C. ~ '-' ~ = .- ........ = ~ ..... ..... ~ ~ = =~ <QO o~ ~t'- \C t'- \C o o M .......... t'- \C o o M .......... t'- ~ = o .- ........ ~ = .5 o = U < ~ C-' '-' rI:J. .> ~ ~ ~ ~ ~ ~ U < ~ C-' '-' "'C =~ = = a .s bIJ........ ~ ~ .- = 00 .- ~a o 0 ~ = U < ~ C-' U < ~ C-' "'C ..... ~ - ~ bIJ ~ ........ ~ ........ ~ = ~ ~ I = o rI:J. .- ~ :3 t= ~ ........ 00 ..... .- ~ = == = ~ 0 aU o ~ u::= rl:J.u ........"'C < ; ="'C o _ ........ ~ = 0 ~~ - = ~ .s ~~ ~ ~ -= C-';= ~ = ..= ~ ........ ~ ........~ ~"'C rI:J. = ~ ~ c.= ~ 0 -;= rI:J. "'C ~ a = ~ - ~ ~ ~ ~ ~ ~,.Q~ ~ ~ r,1 ~........ ~ M ~ ; - .- ~ ~ a ~ 0"= "'C=........ ~ ~ 0 .5 ; ; o rI:J. _ c. _ ~ c. ~ 0 ~,.Q~ ~ a ~ .; ~ e ~ ..= a 0 .- U ~ ~ ~ ~ ~ ~ < AGENDA INFORMATION SHEET AGENDA DATE: July 25,2006 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding an update on the City's Long-Range Financial Forecast and Budget. BACKGROUND As you are aware, the Audit/Finance Committee continues to make progress on developing the City's Long Range Financial Forecast. Consideration of the City's five-year financial picture is essential in developing the 2006-07 proposed budget. Each week as the Audit/Finance Committee has met and as the minutes from these meetings are approved, I have provided each of you a copy of the materials presented and discussed with the Audit/Finance Committee. This has enabled each City Council member to stay apprised of the current status of the Forecast and allow you to ask questions as needed. Action items as requested by the Audit/Finance Committee are being recorded in an action item matrix that has also been provided to you. July 25 has been identified on the budget calendar as a date available for the City Council to discuss any items as it relates to the Long Range Financial Forecast or the 2006-07 proposed budget. I have not provided any additional back-up material from the Audit/Finance Committee, as you should have received it already. If not, please let me know and I will see that you get a copy. Staff continues to work toward finalizing a 2006-07 proposed budget that will be submitted to the City Council on July 31, 2006. I look forward to discussing the progress and answering any questions that you may have on July 25. FISCAL INFORMATION The Long Range Financial Forecast is used to develop future budgets. Respectfully submitted: ~." ~....'-"'"..-.~ I . .. - :.' Lt '~ . _~ ~ . ,,~ Jon Fortune Assistant City Manager AGENDA INFORMATION SHEET AGENDA DATE: July 25, 2006 CM: Economic Development Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Receive a report, hold a discussion and give staff direction regarding a amendment to an Economic Development Program Grant Agreement between the City of Denton and SFT Industrial, Ltd, for the Granite Point Business Park development to include a one-time payment for infrastructure improvements. BACKGROUND On March 1,2005, the City Council approved a Chapter 380 agreement with Granite Properties. Granite's business park will be built in three phases and should be complete in about five years. The first phase of297,000 square feet is nearing completion. A condition of the agreement requires the City to improve Metro Street to the entrance of the Texas Industries (TXI) plant within six months of the issuance of Granite's building permit for Phase I. During the process of preparing and reviewing the project plan, we discovered that only a portion of Metro was actually a dedicated City street. The remaining portion of the road belonged to TXI. (as shown on the attached map.) TXI has agreed to donate the right-of- way to the City in exchange for the ability to connect to the sewer line being extended by Granite along Metro. The extension of the sewer to TXI's property is a cost to be borne by the City as it is in lieu of the purchase of right-of-way. Granite has contractors on site that could undertake this project at a considerable cost savings to the City. They have agreed to perform this work but request that the City reimburse them for the actual cost in a one-time payment. The cost is estimated at $30,000. ESTIMATED SCHEDULE OF PROJECT If so directed by Council, staff will place an amendment to the Chapter 380 agreement for Council's consideration on the August 1,2006 agenda. Metro Street is currently under construction and has an estimated completion date of August 15,2006. Construction on the extension of the sewer line to TXI could begin as soon as the amendment is approved. PRIOR ACTION/REVIEW The Economic Development Partnership Board reviewed this request and recommend approval of the amendment to the Chapter 380 agreement (4-0). - 1 - FISCAL INFORMATION The estimated $30,000 for the extension of the sewer line is comparable to that for the cost of the right-of-way. EXHIBITS 1. Map Respectfully submitted: Linda Ratliff, Director Economic Development Department - 2 - AGENDA INFORMATION SHEET AGENDA DATE: July 25,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Janet Fitzgerald 349-8274 ACM: Jon Fortune tf SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of printing, typesetting, distribution and advertisement sales for the Parks and Recreation Department' s PLAY Seasonal Brochure; providing for the expenditure of funds therefor; and providing an effective date (Bid 3529-Annual Contract for P.A.R.D. Seasonal Catalogs awarded to the lowest bidder for each section in the gross amount of $45,936 less $12,000 (Estimated Ad Revenue) for a net estimated cost of $33,936. BID INFORMATION This bid is for the printing, typesetting, distribution and advertisement sales for the Parks and Recreation Department' s PLAY Catalog. The Catalog is a complete listing of Parks and Recreation programs extended to the citizens. The Catalog is printed and distributed three times per year with advertisement sales offsetting some of the cost. The base bid is for printing of 120,000 copies per year. There are 44 pages per issue including 5-8 pages of advertising in each Catalog. RECOMMENDATION Award to the lowest responsible bidder for each item as listed below: Item Description Supplier Price 1 Printing RJK Printing $27,261 2 Distribution Denton Publishing Co. $16,275 3 Ad Sales (Commission) Adventure Media $ 2~400 Gross Amount $45,936 3 Ad Sales (Revenue) Paid to City of Denton ($12~000) Net Estimated Amount $33,936 PRINCIPAL PLACE OF BUSINESS RJK Printing F ort Worth, TX Denton Publishing Co. Denton, TX Adventure Media Aubrey, TX Agenda Information Sheet July 25, 2006 Page 2 ESTIMATED SCHEDULE OF PROJECT Winter/ Spring Catalogs Summer Catalogs Fall Catalogs Distributed January 3, 2007 Distributed April 25, 2007 Distributed August 15,2007 FISCAL INFORMATION Catalogs costs will be funded from accounts (401110.6386, 411110.6386, 401110.6308, and 411110.6389) and will be partially offset by advertising sales of approximately $12,000. Respectfully submitted: ~~ ~ Tom Shaw, C.P.M., 349-7100 Attachment 1: Tabulation Sheet l-AIS-Bid 3529 Bid #3529 Date: 7/6/06 Annual Contract for P.A.R.D. Seasonal Catalogs Attachment 1 Adve ntu re RJK Printing & Denton Publishing Dallas Offset, Inc. Media Publishing Co. Principle Place of Business: Aubrey, TX Ft. Worth, TX Denton, TX Dallas, TX Per Printing of PARD Brochure No Bid $227.18 No Bid $341 .13 1,000 per specifications 2 Per 1,000 Distribution per specifications No Bid No Bid $155.00 No Bid 3 Advertising commission based upon dollar amount of ads sold (percent) 20% No Bid No Bid No Bid Shipment 14 business days ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PRINTING, TYPESETTING, DISTRIBUTION AND ADVERTISEMENT SALES FOR THE PARKS AND RECREATION DEPARTMENT'S PLAY SEASONAL BROCHURE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3529-ANNUAL CONTRACT FOR P.A.R.D. SEASONAL CATALOGS AWARDED TO THE LOWEST BIDDER FOR EACH SECTION IN THE GROSS AMOUNT OF $45,936 LESS $12,000 (ESTIMATED AD REVENUE) FORA NET ESTIMATED COST OF $33,936). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM# VENDOR AMOUNT 3529 1 RJK Printing $27,261 3529 2 Denton Publishing Co. $16,675 3529 3 Adventure Media $ 2~400 3529 3 Gross Amount $45,396 3529 3 Ad Sales Revenue ($12~000) 3529 Net Estimated Amount $33,936 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER W AL TERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-3529 AGENDA INFORMATION SHEET AGENDA DATE: July 25,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Bruce Henington 349-8134 ACM: Jon Fortune tf SUBJECT Consider adoption of an Ordinance providing for the expenditure of funds for the emergency relocation of the Animal Services Crematorium in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3544-Relocation of Animal Services Crematorium awarded to McCarty Construction and Crane Service in the amount of $29,060). FILE INFORMATION The City of Denton Animal Services Department originally obtained a quote for installation of its crematorium from McCarty Construction and Crane in the amount of $10,410. During the permitting process, Animal Services learned that the Texas Commission on Environmental Quality had revised its regulations regarding the distance that crematoriums must be located from property lines. As a result, additional expenses have been incurred in the amount of $18,650 to move the crematorium to a new location, construct a concrete slab and extend utility connections. Therefore, the total cost to relocate the crematorium is now $29,060. A memo from Police Lieutenant Scott Fletcher explaining the crematorium relocation process is included as Attachment 1. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) Council approved the purchase of a new crematorium on April 4, 2006. RECOMMENDATION Award to McCarty Construction and Crane Service in the amount of $29,060. PRINCIPAL PLACE OF BUSINESS McCarty Construction and Crane Denton, TX ESTIMATED SCHEDULE OF PROJECT Work is currently in progress, with a scheduled completion date of August 30, 2006. Agenda Information Sheet July 25, 2006 Page 2 FISCAL INFORMATION This item will be funded from account 100102438.1365.40100. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Proposal from McCarty Construction and Crane Attachment 2: Memo from Scott Fletcher, Police Department l-AIS-File 3544 Attachment 1 McCarty Construction & CRANE SERVICE GENERAL CONSTRUCTION & CRANE SERVICE 3912 E~ McKINNEY - DENTON. TEXAS 76208-4606 - 940-390-689 PROPOSAL Mr. DEAN HARTLEY CITY OF DENTON FACILITIES DEPARTMENT 604 East J-lickory Denton, Texas ___R~~:. _"~nima] CJlnt.roJ_ Cr~l1}~~ory J3.~place1!lent _ Original Proposal for Replacement of Crematory $ 10,410 Because of Codes and Bui Iding Relocation New Work To Consist of: Move Building to New Location Construct a New Building Complete with Concrete Slab, Steel Structure, Relocate Electric Circuits and Relocate Gas Service Cost for New Building $ 18 ti50 , ~ ? ~ '" I . Total Construction Cost $ 29,060 Previously Invoiced Work on Original Proposal 4,460 Remaining Balance of Project $ 24,600 Attachment 2 MEMORANDUM To: Tom Shaw, Purchasing Agent From: Lt. Scott Fletcher Date: 06/12/06 Subject: Animal Shelter Crematorium On 03/22/06, I advised you that the Animal Shelter crematorium had suffered significant damage and has been declared unsafe to use by the Fire Marshal's Office. The failure of the crematorium created an emergency and we requested that the replacement of the unit be handled in an expeditious manner. Subsequently, we began the process for purchasing a new crematorium through FC Industries. The replacement of the crematorium required us to apply for a new air permit through the Texas Commission on Environmental Quality (TCEQ). During the permitting process, TCEQ advised us that there were new rules regulating animal crematoriums regarding solid waste issues. These new rules, which were not previously applied to our operation, require us to position the crematorium no closer than 50' from a property line of another person. Since the current crematorium location was 32' from the northern property boundary that abuts Denton County land, we must relocate the crematorium site. In order to accomplish this, we must build a new pad and extend utility connections from the current site at an additional cost of$18,000. The construction of this pad is part of the original emergency situation established when the crematorium first failed. Sincerely, ~"" Lt. Scott Fletcher Special Enforcement Division Commander Operations Bureau Police Department cc: Charles Wiley, Chief of Police ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY RELOCATION OF THE ANIMAL SERVICES CREMATORIUM IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3544-RELOCATION OF ANIMAL SERVICES CREMATORIUM AWARDED TO MCCARTY CONSTRUCTION AND CRANE SERVICE IN THE AMOUNT OF $29,060). WHEREAS, state law and ordinance require that certain contracts requIrIng an expenditure or payment by the City in an amount exceeding $25,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment or where the procurement is necessary to preserve or protect the public health or safety of the city's residents under Section 252 of the Local Government Code; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, or to preserve or protect the public health or safety of the city's residents and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "File Number" referenced herein and on file the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 3544 McCarty Construction and Crane $29,060 SECTION 2. Because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ~~~-File 3544 AGENDA INFORMATION SHEET AGENDA DATE: July 25,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Keith Gabbard 349-7144 ACM: Jon Fortune tf SUBJECT Consider adoption of an Ordinance authorizing and ratifying the procurement of the rental of a water wagon vehicle, which is necessary to preserve the public health and safety of the City's residents and therefore is exempt from competitive bidding under Section 252.022 (A) (2) of the local government code; providing for the expenditure of funds therefor; and providing an effective date (estimated amount of $45,000). FILE INFORMATION The Streets Department is requesting an exception, to Chapter 252.021, of the Local Government Code, for the rental of a water wagon from Pioneer Rental on Purchase Order 127438. The Streets Department will exceed the $25,000 competitive bid requirement for the rental of this equipment in mid-July. However, the rental is needed to preserve the public health of the residents in the city. Water is needed for the Vintage Boulevard and Russell Newman construction projects for numerous reasons. First, is to provide safety to the both the citizens of Denton and to the street construction crews. Safety is provided by controlling dust, which results in higher visibility, clearer air to breathe, less eye irritations and a reduction in asthmatic conditions. By reducing dust, the residents of the Vintage subdivision are not impacted by the irritants in the air caused by excessive amounts of dust in the air. Second, high volumes of water are required for the stringent moisture requirements of the specifications provided by the consulting engineering firm for the Vintage Boulevard project. This unit also allows for a timely completion of this project. Lastly, the rental of this unit has allowed the Streets Department to assist the Fire Department in multiple grass/structure fires. The Streets Department attempted to rent the water wagon from the awarded vendor, TKO Equipment Company, however the equipment was not available. Attempts were made to locate the equipment with the various vendors who were awarded items from Bid 3367, but none were available. Pioneer Rental had a water wagon available, and Purchase Order 127438 was issued to rent the equipment until TKO Equipment Company had the equipment available for rent. However, to date, TKO has not had any water wagons available to rent (see Attachment 2). Agenda Information Sheet July 25, 2006 Page 2 FILE INFORMATION If the Streets Department returns the truck to the vendor, and competitively bids the rental, there will be no guarantee of availability. Water wagons are in high demand during the summer, especially during a drought. Due to public health and safety issues, the Streets Department is requesting that we keep the truck on rent with Pioneer, until equipment becomes available from our contracted vendor, TKO, or until project completion. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) On, September 6, 2005, City Council awarded Bid 3367 for the rental of heavy equipment. The equipment was awarded to various vendors, based upon the lowest responsible bidder meeting the specifications. TKO Equipment Company was awarded the water wagon item at $5,400 per month. RECOMMENDATION Continue to rent the water wagon from Pioneer Rental at a cost of $7,500 per month until TKO Equipment Company has a unit available to rent, or until project completion. The estimated expenditure to Pioneer Rental is $45,000 for a 6-month period. PRINCIPAL PLACE OF BUSINESS Pioneer Rental of Denton Denton, TX ESTIMATED SCHEDULE OF PROJECT The Streets Department estimates completion of Vintage Boulevard in one month. The water wagon will then be used at the Russell Newman site for three to five months. FISCAL INFORMATION This item will funded from the following accounts: Vintage Boulevard account 350104442.1350.40100 Russell Newman account 350022433.1350.40100 Agenda Information Sheet July 25, 2006 Page 3 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Memo from Street Department Attachment 2: Memo from TKO Equipment Company l-AIS-File 3452 Attachment 1 WA TER UTILITIES 901-A Texas Street Denton, TX 76209 (940) 349-8452 Fax (940) 349-7334 Memo To: Karen Smith, Senior Utility Buyer From: Bill Murdock, Streets Operations Manager Date: 06/29/06 Re: Water Wagon Rental from Pioneer Rental of Denton, LLC Karen, The Street Division currently has an 8,000-gallon Water Wagon rented from Pioneer Rental. This piece of equipment was rented from Pioneer in order to provide ample water to the Vintage Boulevard project. Water is needed on this construction project to provide safety to the both the citizens of Denton and to the street construction crews. Safety is provided by controlling dust, which results in higher visibility, clearer air to breather, less eye irritations and a reduction in asthmatic conditions. By reducing dust, the residents of the Vintage Sub-division are not impacted by the irritants in the air cause by excessive amounts of dust in the air. This rental unit is needed to meet the high volumes of water required for the stringent moisture requirements of the specifications provided by the consulting engineering firm for the Vintage Boulevard project. This unit also allows for a timely completion of this project. In addition to providing dust control and high volumes of required water for the Vintage Boulevard project, the rental of this unit has allowed the for Streets' water truck to assisted the Fire Department in multiple grass/structure fires. Attachment 2 T -K-O Equipment Co. 2850 Hardrock RoadJ Grand Prairie, Texas 75050 Mailing Address: P. o. Box 153389~ Jrving~ Texas 75015 972-283-4356 972.264-1315ffax 972-264-9509JCrushil"lg Division 972-264-95101Servlce Department EmaiI:U<ogp@ttoequipmentwm Web8ite:YwlNWJ:koequ;prnenteom June 19,2006 Karen Smith City of Denton 215 E. McKinney St. Denton I TX 76201-4299 RE: Water Wagon Availability Dear Ms. Smith. We do not have any water wagons available for rent at this time. We also do not anticipate any returns in the near future. I'm sorry for any jnconvenience this may have caused. We appreciate your business. ank you, { ~~n. Oy,';; JJ. ;mfth T -K-o Equipment Co~ Sales Representffive TnT~ C r.::l1 . I.. . I i . ! _ l ORDINANCE NO. AN ORDINANCE AUTHORIZING AND RATIFYING THE PROCUREMENT OF THE RENTAL OF A WATER WAGON VEHICLE, WHICH IS NECESSARY TO PRESERVE OR PROTECT THE PUBLIC HEALTH AND SAFETY OF THE CITY'S RESIDENTS AND THEREFORE IS EXEMPT FROM COMPETITIVE BIDDING UNDER SECTION 252.022 (A) (2) OF THE LOCAL GOVERNMENT CODE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (ESTIMATED AMOUNT OF $ 45,000). WHEREAS, on or about September 6,2005 the City awarded competitive Bid No.3367, which included among other things, an award of a contract to TKO Equipment Company ("TKO") to provide water wagons for City construction projects; and WHEREAS, on or about January 31, 2006 the City requested the rental of a water wagon from TKO and was informed that they have none available; and WHEREAS, City staff contacted all other vendors bidding under bid no. 3367 but no water wagons were available; and WHEREAS, on April 13, 2006 the City issued Purchase Order No. 127438 in the amount of $23,200 to Pioneer Rental of Denton ("Pioneer") to rent the needed water wagon, which after thorough investigation, was the only known vendor having the equipment available; and WHEREAS, the City has a continuing need to use the vehicle rented from Pioneer, which will exceed the $25,000 maximum authorized for City Manager approval of contracts; and WHEREAS, the equipment remains unavailable from TKO and all other bidders under bid no. 3367; and WHEREAS, the equipment is needed to preserve and protect the public health and safety of the residents of the City and is therefore exempt from the requirements of competitive bidding under Section 252.022(a)(2) of the Local Government Code; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the equipment accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee is hereby authorized to extend the lease of equipment with Pioneer at the rate of $7,500 per month, for a period of six months. All prior expenditures for such lease that exceeded $25,000 are hereby ratified. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ATTEST: JENNIFER W AL TERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 4-0RD-File 3542 Page 2 day of , 2006. PERRY R. McNEILL, MAYOR AGENDA INFORMATION SHEET AGENDA DATE: July 25,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7133 ACM: Jon Fortune tf SUBJECT An Ordinance accepting competitive bids and awarding an annual Indefinite Quantity Public Works contract for the purchase of miscellaneous concrete work; providing for the expenditure of funds therefore; and providing an effective date (Bid 3516- Annual Contract for Concrete Work awarded to Floyd Smith Concrete, Inc. in the estimated amount of $1,200,000). BID INFORMATION This bid is for the annual contract to provide miscellaneous concrete related repair and for small construction proj ects. Quantities are estimated and may vary according to the needs of the City. Price structure in most cases is designed to maintain an annual cost and allow for quantity discounts. This contract is utilized by all field crews for concrete repairs, curb/gutter work, ADA ramps, sidewalk replacement, driveway repairs, culvert head walls inlet rebuild, etc. Prices include all clean up work, safety barricading, materials, and supervision. RECOMMENDATION Award to the lowest responsible bidder Floyd Smith Concrete, Inc. as listed in the attached ordinance Exhibit A in the estimated amount of$I,200,000. PRINCIPAL PLACE OF BUSINESS Floyd Smith Concrete, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT Delivery will be determined by the individual project. However, initial response is to be accomplished within three days from notification. FISCAL INFORMATION These projects will be funded from appropriate bond, CIP and lor budget accounts. Agenda Information Sheet July 25, 2006 Page 2 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 3516 Annual Contract Concrete Work BID #3516 DATE: 07/06/2006 ANNUAL CONTRACT FOR CONCRETE WORK ATTACHMENT 1 .................'n I""".. VENDOR Floyd Smith Concretre Inc. Principal Place of Business Denton, TX 1 DOWEL-ON INTEGRAL (WITH ONE 3/8" STEEL BAR) 1 LF $7.50 2 CONCRETE CURB & GUTTER ( WITH FIBERS) A 0' TO 250' 2876 LF $12.50 B 251' TO 1000' 1162 LF $12.50 C 1001' - 5000' 5000 LF $12.00 D 5001 ' - UP 5000 LF $11.50 3 30" SURMOUNTABLE CURB/FIBERS 100 LF $18.00 4 5" CONCRETE SIDEWALK (WITH STEEL) 100 SY $37.00 5 4" CONCRETE SIDEWALK/FIBERS A 0- 50 SQ. YDS. 100 SY $34.00 B 51 TO 100 SQ. YDS 100 SY $34.00 C 101 TO 500 SQ. YDS. 50 SY $34.00 D 501 TO 1000 SQ. YDS 50 SY $33.00 6 CONCRETE MEDIANS PATTERNED 1 SY $75.00 7 CONCRETE STEPS 10 SF $25.00 8 CONCRETE RIP-RAP AND DRAINAGE FLUMES 6" 5000 SY $40.00 A CONCRETE FLUMES 6" - 6' WIDE W/6" CURBS 500 LF $46.25 B CONCRETE FLUMES 6" - 10' WIDE W/6" CURBS 500 LF $63.88 9 SAW CUT (EXISTING ASPHALT) 500 LF $1.75 10 SAW CUT (EXISTING CONCRETE) 625 LF $3.00 11 STRUCTURAL CONCRETE A (CLASS A) 5-SACK 500 CY $395.00 B (CLASS C) 5 1/2 SACK 500 CY $399.00 C (CLASS S) 6-SACK 500 CY $405.00 12 CONCRETE FOR LIGHT STANDARD BASES 0-50 CY $400.00 13 CONCRETE FOR TRAFFIC CONTROLLER BOX 2 EA $460.00 14 WATER SERVICE ADJUSTMENTS 10 EA $250.00 15 MISC. SPRINKLER SYSTEM ADJUSTMENTS 10 LS $250.00 16 RING & COVER (INLETS 24" LOCKING 124C) 25 EA $200.00 17A REMOVE CONCRETE PAVEMENT 180 SY $25.00 17B REMOVE CONCRETE CURB & GUTTER 1000 LF $7.00 17C REMOVE CONCRETE DRIVEWAY & SIDEWALK 1000 SY $22.50 18 UNCLASSIFIED EXCAVATION 500 CY $17.50 19 COMPACTED FILL/EMBANKMENT 500 CY $27.50 20 SOD 500 SY $8.00 BID #3516 DATE: 07/06/2006 ANNUAL CONTRACT FOR CONCRETE WORK ATTACHMENT 1 .................'n I""".. VENDOR Floyd Smith Concretre Inc. Principal Place of 8usiness Denton, TX 21 2" ASPHALT PAVE (TYPE 0 PATCH MATERIAL) 500 SY $17.50 A o TO 100 SQ. YDS 1000 SY $17.50 22 4" CONCRETE FLATWORK (COLOREDITEXTURED) A o TO 100 SQ. YDS. 559 SY $71.00 8 101 TO 500 SQ. YDS. 1000 SY $70.00 C 501 TO UP SQ. YDS. 1000 SY $69.00 23 6" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3/8" STEEL ON 18" CENTERS A o TO 50 SQ. YDS. 1000 SY $36.00 8 51 TO 100 SQ. YDS 1000 SY $36.00 C 101 TO 500 SQ. YDS. 1490 SY $35.00 D 500 TO 1000 SQ. YDS. 2500 SY $34.00 24 8" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3/8" STEEL ON 18" CENTERS A o TO 50 SQ. YDS. 10 SY $41.80 8 51 TO 100 SQ. YDS 10 SY $41.80 C 101 TO 500 SQ. YDS. 500 SY $40.80 25 10" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3/8" STEEL ON 18" CENTERS A o TO 50 SQ. YDS. 10 SY $48.00 8 51 TO 100 SQ. YDS 10 SY $48.00 C 101 TO 500 SQ. YDS. 500 SY $47.00 26 12" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3/8" STEEL ON 18" CENTERS A o TO 50 SQ. YDS. 10 SY $56.00 8 51 TO 100 SQ. YDS 10 SY $56.00 C 101 TO 500 SQ. YDS. 500 SY $54.00 27 ONE SACK CONCRETE BACKFILL 0-500 CY $80.00 28 ADJUST MANHOLE & INLETS 10 EA $600.00 29A TYPE A HEADWALLS (15" to 36" PER PIPE) 10 LS $2,200.00 298 TYPE A HEADWALLS (39" TO 72" PER PIPE) 10 LS $4,000.00 30A TYPE B HEADWALLS (15" TO 36" PER PIPE) 10 LS $2,200.00 308 TYPE B HEADWALLS (39" TO 72" PER PIPE) 10 LS $4,000.00 31A 4' 10 MANHOLE (0 TO 6" DEPTH) 10 EA $1,800.00 318 EXTRA DEPTH 1 VF $200.00 32A 5' X 5" JUNCTION BOX (0' TO 6' DEPTH) 20 EA $1,900.00 328 EXTRA DEPTH 1 VF $150.00 32C 4' X 4' JUNCTION BOX (0' TO 6' DEPTH) 10 EA $1,700.00 32D EXTRA DEPTH 1 VF $125.00 32E 6' X 6' JUNCTION BOX (0' TO 6' DEPTH) 10 EA $1,900.00 32F EXTRA DEPTH 1 VF $150.00 BID #3516 DATE: 07/06/2006 ANNUAL CONTRACT FOR CONCRETE WORK ATTACHMENT 1 .................'n I""".. VENDOR Floyd Smith Concretre Inc. Principal Place of Business Denton, TX 33A 5' INLET (0' TO 6' DEPTH) 8 EA $1,700.00 33B EXTRA DEPTH 1 VF $100.00 33C 8' INLET (0' TO 6' DEPTH) 8 EA $2,100.00 33D EXTRA DEPTH 1 VF $150.00 33E 10' INLET (0' TO 6' DEPTH) 10 EA $2,300.00 33F EXTRA DEPTH 1 VF $175.00 33G 12' INLET (0' TO 6' DEPTH) 8 EA $2,600.00 33H EXTRA DEPTH 1 VF $225.00 34A 15' INLET (0' TO 6' DEPTH) 10 EA $3,300.00 34B EXTRA DEPTH 1 VF $250.00 34C 20' INLET (0' TO 6' DEPTH) 8 EA $4,400.00 34D EXTRA DEPTH 1 VF $300.00 35 RECESSED INLET A 10' RECESSED INLET 6 EA $2,600.00 B 12' RECESSED INLET 6 EA $2,800.00 36 "Y" INLET (INCLUDES APRON, RING & COVER) 8 EA $1,850.00 37 REBUILT INLET (REMOVE & REPLACE TOP) A 4' INLET 10 EA $900.00 B 6' INLET 5 EA $900.00 C 8' INLET 5 EA $1,000.00 D 10' INLET 1 EA $1,200.00 38 BARRICADES, WARNING SIGNS & DETOURS 43 LS $288.75 39 TYPE I WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) A 5' TYPE I WHEEL CHAIR RAMP 1 EA $1,005.00 B 8' TYPE I WHEEL CHAIR RAMP 1 EA $1,320.00 C 10' TYPE I WHEEL CHAIR RAMP 1 EA $1,470.00 D 4' TYPE I WHEEL CHAIR RAMP 1 EA $900.00 40 TYPE II WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) A 5' TYPE II WHEEL CHAIR RAMP 1 EA $2,025.00 B 8' TYPE II WHEEL CHAIR RAMP 1 EA $2,550.00 C 10' TYPE II WHEEL CHAIR RAMP 1 EA $2,850.00 D 4' TYPE II WHEEL CHAIR RAMP 1 EA $1,800.00 41 TYPE III WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) A 5' TYPE III WHEEL CHAIR RAMP 1 EA $2,025.00 B 8' TYPE III WHEEL CHAIR RAMP 1 EA $2,500.00 C 10' TYPE III WHEEL CHAIR RAMP 1 EA $2,850.00 D 4' TYPE III WHEEL CHAIR RAMP 1 EA $1,800.00 ADDENDUM #1 yes ADDENDUM #2 yes BID BOND yes ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING AN ANNUAL INDEFINITE QUANTITY PUBLIC WORKS CONTRACT FOR THE PURCHASE OF MISCELLANEOUS CONCRETE WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3516- ANNUAL CONTRACT FOR CONCRETE WORK AWARDED TO FLOYD SMITH CONCRETE, INC. IN THE ESTIMATED AMOUNT OF $1,200,000). 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: SECTION 1. 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 bids: BID NUMBER 3516 CONTRACTOR Floyd Smith Concrete, Inc. AMOUNT $1,200,000 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. 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 4. 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. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER W AL TERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-Bid 3516 BID #3516 DATE: 07/06/2006 ANNUAL CONTRACT FOR CONCRETE WORK EXHIBIT A .................'n I""".. VENDOR Floyd Smith Concretre Inc. Principal Place of Business Denton, TX 1 DOWEL-ON INTEGRAL (WITH ONE 3/8" STEEL BAR) 1 LF $7.50 2 CONCRETE CURB & GUTTER ( WITH FIBERS) A 0' TO 250' 2876 LF $12.50 B 251' TO 1000' 1162 LF $12.50 C 1001' - 5000' 5000 LF $12.00 D 5001 ' - UP 5000 LF $11.50 3 30" SURMOUNTABLE CURB/FIBERS 100 LF $18.00 4 5" CONCRETE SIDEWALK (WITH STEEL) 100 SY $37.00 5 4" CONCRETE SIDEWALK/FIBERS A 0- 50 SQ. YDS. 100 SY $34.00 B 51 TO 100 SQ. YDS 100 SY $34.00 C 101 TO 500 SQ. YDS. 50 SY $34.00 D 501 TO 1000 SQ. YDS 50 SY $33.00 6 CONCRETE MEDIANS PATTERNED 1 SY $75.00 7 CONCRETE STEPS 10 SF $25.00 8 CONCRETE RIP-RAP AND DRAINAGE FLUMES 6" 5000 SY $40.00 A CONCRETE FLUMES 6" - 6' WIDE W/6" CURBS 500 LF $46.25 B CONCRETE FLUMES 6" - 10' WIDE W/6" CURBS 500 LF $63.88 9 SAW CUT (EXISTING ASPHALT) 500 LF $1.75 10 SAW CUT (EXISTING CONCRETE) 625 LF $3.00 11 STRUCTURAL CONCRETE A (CLASS A) 5-SACK 500 CY $395.00 B (CLASS C) 5 1/2 SACK 500 CY $399.00 C (CLASS S) 6-SACK 500 CY $405.00 12 CONCRETE FOR LIGHT STANDARD BASES 0-50 CY $400.00 13 CONCRETE FOR TRAFFIC CONTROLLER BOX 2 EA $460.00 14 WATER SERVICE ADJUSTMENTS 10 EA $250.00 15 MISC. SPRINKLER SYSTEM ADJUSTMENTS 10 LS $250.00 16 RING & COVER (INLETS 24" LOCKING 124C) 25 EA $200.00 17A REMOVE CONCRETE PAVEMENT 180 SY $25.00 17B REMOVE CONCRETE CURB & GUTTER 1000 LF $7.00 17C REMOVE CONCRETE DRIVEWAY & SIDEWALK 1000 SY $22.50 18 UNCLASSIFIED EXCAVATION 500 CY $17.50 19 COMPACTED FILL/EMBANKMENT 500 CY $27.50 20 SOD 500 SY $8.00 BID #3516 DATE: 07/06/2006 ANNUAL CONTRACT FOR CONCRETE WORK EXHIBIT A .................'n I""".. VENDOR Floyd Smith Concretre Inc. Principal Place of 8usiness Denton, TX 21 2" ASPHALT PAVE (TYPE 0 PATCH MATERIAL) 500 SY $17.50 A o TO 100 SQ. YDS 1000 SY $17.50 22 4" CONCRETE FLATWORK (COLOREDITEXTURED) A o TO 100 SQ. YDS. 559 SY $71.00 8 101 TO 500 SQ. YDS. 1000 SY $70.00 C 501 TO UP SQ. YDS. 1000 SY $69.00 23 6" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3/8" STEEL ON 18" CENTERS A o TO 50 SQ. YDS. 1000 SY $36.00 8 51 TO 100 SQ. YDS 1000 SY $36.00 C 101 TO 500 SQ. YDS. 1490 SY $35.00 D 500 TO 1000 SQ. YDS. 2500 SY $34.00 24 8" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3/8" STEEL ON 18" CENTERS A o TO 50 SQ. YDS. 10 SY $41.80 8 51 TO 100 SQ. YDS 10 SY $41.80 C 101 TO 500 SQ. YDS. 500 SY $40.80 25 10" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3/8" STEEL ON 18" CENTERS A o TO 50 SQ. YDS. 10 SY $48.00 8 51 TO 100 SQ. YDS 10 SY $48.00 C 101 TO 500 SQ. YDS. 500 SY $47.00 26 12" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3/8" STEEL ON 18" CENTERS A o TO 50 SQ. YDS. 10 SY $56.00 8 51 TO 100 SQ. YDS 10 SY $56.00 C 101 TO 500 SQ. YDS. 500 SY $54.00 27 ONE SACK CONCRETE BACKFILL 0-500 CY $80.00 28 ADJUST MANHOLE & INLETS 10 EA $600.00 29A TYPE A HEADWALLS (15" to 36" PER PIPE) 10 LS $2,200.00 298 TYPE A HEADWALLS (39" TO 72" PER PIPE) 10 LS $4,000.00 30A TYPE B HEADWALLS (15" TO 36" PER PIPE) 10 LS $2,200.00 308 TYPE B HEADWALLS (39" TO 72" PER PIPE) 10 LS $4,000.00 31A 4' 10 MANHOLE (0 TO 6" DEPTH) 10 EA $1,800.00 318 EXTRA DEPTH 1 VF $200.00 32A 5' X 5" JUNCTION BOX (0' TO 6' DEPTH) 20 EA $1,900.00 328 EXTRA DEPTH 1 VF $150.00 32C 4' X 4' JUNCTION BOX (0' TO 6' DEPTH) 10 EA $1,700.00 32D EXTRA DEPTH 1 VF $125.00 32E 6' X 6' JUNCTION BOX (0' TO 6' DEPTH) 10 EA $1,900.00 32F EXTRA DEPTH 1 VF $150.00 BID #3516 DATE: 07/06/2006 ANNUAL CONTRACT FOR CONCRETE WORK EXHIBIT A .................'n I""".. VENDOR Floyd Smith Concretre Inc. Principal Place of Business Denton, TX 33A 5' INLET (0' TO 6' DEPTH) 8 EA $1,700.00 33B EXTRA DEPTH 1 VF $100.00 33C 8' INLET (0' TO 6' DEPTH) 8 EA $2,100.00 33D EXTRA DEPTH 1 VF $150.00 33E 10' INLET (0' TO 6' DEPTH) 10 EA $2,300.00 33F EXTRA DEPTH 1 VF $175.00 33G 12' INLET (0' TO 6' DEPTH) 8 EA $2,600.00 33H EXTRA DEPTH 1 VF $225.00 34A 15' INLET (0' TO 6' DEPTH) 10 EA $3,300.00 34B EXTRA DEPTH 1 VF $250.00 34C 20' INLET (0' TO 6' DEPTH) 8 EA $4,400.00 34D EXTRA DEPTH 1 VF $300.00 35 RECESSED INLET A 10' RECESSED INLET 6 EA $2,600.00 B 12' RECESSED INLET 6 EA $2,800.00 36 "Y" INLET (INCLUDES APRON, RING & COVER) 8 EA $1,850.00 37 REBUILT INLET (REMOVE & REPLACE TOP) A 4' INLET 10 EA $900.00 B 6' INLET 5 EA $900.00 C 8' INLET 5 EA $1,000.00 D 10' INLET 1 EA $1,200.00 38 BARRICADES, WARNING SIGNS & DETOURS 43 LS $288.75 39 TYPE I WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) A 5' TYPE I WHEEL CHAIR RAMP 1 EA $1,005.00 B 8' TYPE I WHEEL CHAIR RAMP 1 EA $1,320.00 C 10' TYPE I WHEEL CHAIR RAMP 1 EA $1,470.00 D 4' TYPE I WHEEL CHAIR RAMP 1 EA $900.00 40 TYPE II WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) A 5' TYPE II WHEEL CHAIR RAMP 1 EA $2,025.00 B 8' TYPE II WHEEL CHAIR RAMP 1 EA $2,550.00 C 10' TYPE II WHEEL CHAIR RAMP 1 EA $2,850.00 D 4' TYPE II WHEEL CHAIR RAMP 1 EA $1,800.00 41 TYPE III WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) A 5' TYPE III WHEEL CHAIR RAMP 1 EA $2,025.00 B 8' TYPE III WHEEL CHAIR RAMP 1 EA $2,500.00 C 10' TYPE III WHEEL CHAIR RAMP 1 EA $2,850.00 D 4' TYPE III WHEEL CHAIR RAMP 1 EA $1,800.00 ADDENDUM #1 yes ADDENDUM #2 yes BID BOND yes AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 CM: Utilities Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the abandonment of a portion of Nowlin Road between Teasley Lane and Saddleback Drive and being a portion of or adjacent to Wheeler Ridge, Phase Three, an Addition to the City of Denton, Texas, and providing an effective date thereof. BACKGROUND The affected property owners have requested that the City of Denton abandon its street right-of-way interests in order to further facilitate the development of their property in relation to the Wheeler Ridge Phase III Final Plat and the Church of Jesus Christ of Latter Day Saints on Teasley Lane Final Plat. The Wheeler Ridge Detailed Plan was approved in February of 2003 by City Council. Construction began on the first phase, which is situated along Robinson Road that same year. Upon completion of that phase subsequent phases began for a total of four phases. To date Wheeler Ridge is in its fourth and final phase of development. The subject abandonment areas are housekeeping issues supporting the roadway and street connectivity components contained in the approved final plats of the overall Wheeler Ridge development This abandonment is the first of three abandonment actions necessary to accommodate development within the area. The second will encompass the remainder of Nowlin Road going east to the Wheeler Ridge Phase 4 property line. This will be presented to City Council for consideration once the replacement roadway connectivity components within Wheeler Ridge Phase 4 are constructed later this year. The third portion of Nowlin will be abandoned or incorporated into plans for the future improvement of FM2499. Those actions will be forthcoming as development activities proceed forward. Staff performs an analysis on requests for right-of-way and easement abandonment as follows: · Is the property tract requested for abandonment considered "excess right-of-way"? · Does the property tract requested for abandonment have a continued public use? · Is it in the best interest of the general public to abandon the government's rights in the subject abandonment tract? · Would the granting of this request establish a precedent for right-of-way abandonment for future requests? Staff findings on this analysis are as follows: 1. The right-of-way tract requested fits the criteria of excess right-of-way. Excess right-of-way is defined as: Property acquired or used by the City for right-of-way and subsequently declared excess (not needed for the project, road or streetscape). Centex has established connectivity in the area as part of their internal roadway system within their final plat of Wheeler Ridge Phase III, and a replacement access for the Church site and the Jester property will be provided by a joint drive way along their common property lines. 1 2. There is an existing Verizon line within this section of Nowlin Road that connects to a transmission tower located on Jester's property. This abandonment is subj ect to the existing utilities. It is the property owner's responsibility to relocate these utilities if needed as part of their development activities. 3. Abandonment is in the public interest because the public does not need the areas for subject abandonment; there are no near or long-term plans for a public street connection capital project at this location. The street systems within the Wheeler Ridge subdivision have replaced the need for Nowlin Road. 4. This abandonment would not set a precedent because the above three standards have been met. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED PROJECT SCHEDULE Summer 2006 PRIOR ACTION/REVIEW Development Review Committee Approval June 2006 FISCAL INFORMATION Application Fees $100.00 Processing Fees $750.00 EXHIBITS 1. Location map 2. Draft Ordinance 3. Formal Requests R~es~e~tfullY~S~~~itted: . . . . . . .. .. . ... ... . . ... .. . . . . . ..... .. .. .. . . . .. .. .. . . . . ... . . . . .. . .. . .. .... . ... . . . . .. . . . . . . .. .. . .. . . . ::......... .... . . .. . ... . Jim Coulter, Director Utilities Department Prepared by: ~._'~ ~:-" : =-.....~ .". ... .....1. :......-: . ... I ~y ";: . ...:"" ..... ... ":.... ,.. ....... :,. ~A~> _ :!:Ia:;:. ~~~.~:~.,.11if_.~.~~JIJ ,._.~..(.<: ~~..~f "::"" ~~..'.tl:W"...~... .".. ...~-_...~ ........ ::"" .:" >:- . =""". :.: Pamela England Real Estate & Capital Support 2 Exhibit 1 S :\QUT Documents\Ordinances\06\Nowlin Road Abandonment Ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE ABANDONMENT OF A PORTION OF NOWLIN ROAD BETWEEN TEASLEY LANE AND SADDLEBACK DRNE AND BEING A PORTION OF OR ADJACENT TO WHEELER RIDGE, PHASE THREE, AN ADDITION TO THE CITY OF DENTON, TEXAS, AND PROVIDING AN EFFECTIVE DATE THEREOF. WHEREAS, Centex Homes, a Nevada general partnership ("Centex") is the developer of Wheeler Ridge Phases One, Two, Three and Four, additions to the City of Denton, Texas (the "Development"); and WHEREAS, Centex has requested that the City abandon a portion of Nowlin Road between Teasley Lane and Saddleback Drive as particularly described on Exhibit "A" and illustrated on Exhibit 'B", both of which are attached hereto and made a part hereof by reference (the "Abandonment Area"); and WHEREAS, Centex is the abutting and underlying fee owner of the Abandonment Area, except for that portion abutting property ("Jesters' Property") owned by Jolnmy L. Jester & wife, Vilena L. Jester (the "Jesters") as particularly described in Exhibit "e" and illustrated on Exhibit "D", both of which are attached hereto and made a part hereof by reference (the "Abandonment Area); WHEREAS, the Jesters have consented to and requested the abandonment; and WHEREAS, the portion of the Abandonment Area to be abandoned and quit claimed to Centex is particularly described in Exhibit "B" and also depicted and labeled as Tract 2 on Exhibit "E" ("Centex Abandorunent Area"); and WHEREAS, the portion of the Abandonment Area to be abandoned and quit claimed to Jesters is particularly described in Exhibit "D" and also depicted and labeled as Tract 2 on Exhibit "E" ("Jester Abandonment Area") attached hereto and made a part hereof by reference; and WHEREAS, Centex has constructed at its expense a replacement road system within the Development (the "Replacement Road System"), which removes the need for the Centex Abandon Area portion of Nowlin Road; and WHEREAS. Centex is proposing to construct a transition between the remaining portion of Nowlin Road and Saddleback Drive as depicted on Exhibit "E" (the "Transition"); and WHEREAS, the developer of a church site (the "Church Site") located adjacent to and south of Jesters' Property is proposing to construct a driveway along the conunon Page 1 S :\QUf Documents\Ordinances\06\Nowlin Road Abandonment Ordinance.doc boundary lines of the Church Site and Jesters' Property as depicted on Exhibit "E" (the "Driveway"); and WHEREAS, the City Council finds that the value of the Replacement Road System exceeds the value of the Abandonment Area and this abandonment is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and findings contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City COWlcil hereby authorizes the abandonment and quit claim of the Abandonment Area subject to the following conditions: a. Existing public utilities will remain in the Abandonment Area, except the City will permit their relocation at the sole expense of Centex as long as Centex grants utility easements for the new locations of the public utilities; and b~ Centex is responsible for the removal of the asphalt, curb, and gutter from the Centex Abandonment Area. Centex will protect all public utilities during construction. Centex shall leave the Jesters' Abandonment Area portion of Nowlin Road in drivable condition with a minimum width of twelve feet of driving surface as a drive access to the Jesters' Property until such time as the Driveway is completed and made available to the Jesters. SECTION 3. The City Manager, or his designee, is authorized to execute and deliver quit claim deeds to Centex for the Centex Abandomnent Area and to the Jesters for the Jesters' Abandonment Area, containing the conditions set forth in Section 2 of this ordinance. SECTION 4.. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR P.age 2 S :\Our Documents\Ordinances\06\Nowlin Road Abandonment Ordinance. doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 3 EXHIBIT" A ~ METES & BOUNDS DESCRIPTION NOWLJN ROAD R.O.W. ABANDONMENT BEING a 0.496 acre bact of land Jogw:d in the Berry Merchant Survey, Abstract No. BOO! City of Darton. Denton County. T~ and beiug a portion of Wheeler Rid~ Phase ~ m addition to the City ofDentoD, Denton Countyl TexaSt according to the plat recorded in Cabinet V~ Page 991 ~993. of the Plat R.eoords. Den10n County, T~ also being a portioa of ealled 253.926 acre tract of land descnbed in tho SpcciaJ Warranty Deed to Centex Homes. . Nevada general partnershiP. filed for record in Volume S 10S. Page 3753. of the Deed Records~ Denton County, Texas. said 0.496 acre right-ot-way a~nt being more particularly described as follows: BEGlNNING at a 5/8 inch capped iron rod set stamped tMycoslcie Mc:hmis" for the Southwest corner of said Wheeler Ridge Phase 1btec, and being on the North righta()f...way line of Nowlin Road, an uodetmnined right.of-way width; THENCE North 89 degrees 29 minutas 25 seeonds ~ a1011g the South line of said Wheeler Ridge Phase Three. a distance of 731..92 feet. to a point for comer for the Southeast comer of toe 42~Block V. of said \VheeIetRidgaPhase Thr~ THENCE North 02 degrees 07 minutes 00 seccmds West, along the East tine of said Lot 42. Block V. a distaDeo of Q.93 feet, to a point for comer; THENCE South 89 degrees 59 minutes 01 secoods East. 0Vt:t and across said Centex Homes remainder trac;t and said Vlhee1er Ridge Phase Three. a distance of 654.67 fce4 to a point for comer in Saddleback Drive,. . :50..00' rigbt-of-way: THENCE Due South, &XJatinuing over and across said Wheeler Ridge Pbase Tbrccs a distance of 20.00 teet. to a point for corner in Sadd1eback Drive; THENCE North 89 degrees 59 minutes 07 sec<mds West. eootinuing over and across said Wheeler Ridge Phase Three. and said Centex Homes remainder ~ a distance of 66625 feet, to a point for comer 011 the East line ofa tract orland described in tho Warranty Doed with Vendot's Lien to Johnny L~ Jester and wife, vncma L. lO5terl filed for record in County Clerk's File No. 93.. RO0721232 of said Deed Records; THENCE Nmth 03 degrees 56 minutes 23 .oconda East. aloug said East line, a distanee of 1.49 feet, to I PIt NaillowId for the Nortbeast eomer of said lester tract; THENCE South 89 degrees 2.9 minutes 25 seconds West, along the North line of said Jester tract, common to the South right-of-way line of said Nowlin Roa4 . distance of 720..40 feet, to . point m~ . THENCE North 02 degrees OJ minutes 56 seconds West, departing said common line, a distanoe of 11..50 feet, to the POINT OF BEGINNING and ~ Oa496 acres (21yS93 square feet) of land See attached ~ Merle W~ . er R1'gistcrcd. Professional LaJJd Surveyor 5438 State of Texas 1 t EXffiBIT "Bit B..O. J[ ABANDONJlI:N'I' LOCAJlD IN 1Hf: BERRY MERCHANT ~ ABSJR'ACT NO. BOO CITY OF DENTON, DEN1DH COUNT(. 7CXAS L-L. L...l ., B , 'a n 1 I '2 '3 14 , , 1 '8. ,~~ LL._j I_'~~_~ _ J6 1---::-- ---;;- i ~lJ --- l-.-- - .f4 l-~~j~:'~ r-':;;- .f" J l--. -- @ Z, 40 I'" \ I ~ \ ~ ; -r-1--r."~ 1 I 1 " 7 , :; I · l ., I ~ , i ~j I - i~-.-I IIHIIlDf RIDDE. .. "-1 ~ J71 I'HASE J 2" 22 J. "':1) .. I CIa. ~ ..IIDS..t IJ ,..ItA 1: __-.. Jj!:DJr1' 12 J 'I lO 9 ~ ~ IJ ", '5 " .J.] .)f J5 DETAlL -A;- ItN /,~66.2G ~7 ( /-- /iDlAJHOElf ~- - --....zam AafE nw:r--r-' .. aND HOlIES ~ \ . fJ.~ m.. 51G:l PG. ~, \, '17 Do R.D.c. J: 75 ...-. ------.T r . ~ FU"1URC IIHEElDl RIDGE ='ti " /' -i:'~ PHASE FY i ri!\ ~)<'...'" --_. - I I I ~ / .. -; 1- +-.- -.L___ /'" ~r- ',. -, . f ._r" - .... - -4 f ;';.) /"'-" J i.., ." 1\'/ 1 .~ - . -. ---..t. .;> \. . ,. ....~/.. LRCEND ~ ABBpgYLfffONS WL. = rtlLUME PO.. flAG! CAB. e CABf1IET sws. SUDES R.D. tt! RJGHT-OF - WA Y C.LR.S. CAPPED IRON ROD SET STAMPED "YCOSKl~ 1tICfNNlS' IRON ROD FOUND POINT or BEGINNING PLA r RECORDS. DCNTDN COUNrt: 7FXAS DEED RECORDS DENTON COUNTY. JEXAS j mtmla mycoskie.ffi1Cinris-rassoclates cMt q~ ......" ~ lII'dIktdUre ptnnWQ CQlIfVM:7Il1N OF' 1HE IIfIDJIIJHi .... QF 'IHE ~ tJF tESJS CMJ!IT rJF LA P'7IJIII-Ql r .surfi' A UfNf 1Cl2ff'CW'A'IJOV QU' "*LBJ sa laD c.c:. .. ZJrN--4J1D ua.e.z. ~~/4 SUR~-S CER11F1CATJON L JlIII1" tv. MlIl~ RegJ.tered Pro(essIond L{l(Jd Surwj'C'" hereby .tat. that #Jr. exhibit weLl fila'*' fn:m an actual on ths 9fVUI1d S41r'Wry by me M undflf' my dhd auperviftm. IJlJ: P.QS. P.R.D"c. r: D.R.D.c..l NallS 1).. THE BASIS OF BEARING FoR 7HIS EXHIBIT ts 'tHE EAST RIGHT-oF-WAY UNE OF TE'"AstEY LANE AS SHOtw ON mE FINAL PLA T a:: WHmER RIDGE PHASE 7HR!E. RECOROm IN CAB. ~ SUDES 991-993. OF THE PLAT RECt:JRDS OF DENTON COU~~ TEXAS (8E1NG Na2~56.W) 2). SEE lE(:Al DESCRIPTlOII EXHIBIT iliA wI' DA 1DJ 21/02/05.. \ \. \... ", "'-~ .'~'. .'-... ..... ;....\,. ..., ~'. /.. "- /~ ....,. ''''''. ~) ..r.,/ \........"., ) , " . 'l9 ..,,/ ....- .. . .... ')~ .. ~ .." /"' ~ ..... IJ(i '- ",.T .". ...(,.. ... · I'" " .... /. ,,,/ \.. ....-Jt: ,.~..B'f ...~~' A. .\ '2S · .LIfE TABLE · L' NQ2'WLJO.W a9J' 1.2 DI.JE SOU1H 2fJ. oct l.3 ND39'2JT 7.4S. L4 N02TJ5'56-W 11~!JO" 200.a.t obrlll'l Grllll,lGnll t8:1:a, 710So- 117-4'1-117' fa.: 117-214..&757 ...1"''' ,texAI. co. MI: 11 A:Jz/06 SCMf: ,. -.2tJd [ftfIN BY: ..J!:&!. CtEQO BY: If. trlJ. .JlB.. NO.: ,ns-J-I au - CAS MElER' aN - BENCHW,iAl( FF . FlHlSH(l) FlOO! He; . NA 'JURAL CROOHO Pi. . PROPERlY UHE 5& · SIT BACK UNE ~ : ~~ET PT - PROPANE tANK .... · ...1'(1t UE: 'fER lR .. 1El..EPt1ONE fISER ER - w:emc RISER fIP - PON:R POI..f LP . UGHl Pa..E' FCP - ~ COMO POST CE - COI.lIAJHlCA'IOIlI [ASEUENT tIE .. unuTY EASEUENT DE - CftAMAGE USPADlT f'UE - pUBtJC U""1V EASEMBn . fE - ElECTRICAL tASEUD..tl hE: . IOUVAIt WAD EASPl.€HT FaftIS ,. RBER CPllC """'0 ~ VB - WOOD fRAM!JBRICK SSMN - SANITARY SllEl1 MANHOlE litFa' - ME'AL Ft*:E ~NER POS' lFaI ~ WOCC ft)U: CCRNER POST ROW. RIGHT OF WAY . POB .. POINT OF IIEGlNHIN C ~ !a~~CO~&ER Sl'l .. !I)I YMO SET 8AQ( LK JiS/f>> · 1/2" Ctf ... SET W/CM' IV' .. liON ROO FCUlO --QHU-- - OWJt-HEAO UTlJ1Y --c.\fV-- - eMU: TV t>>E --€- - I!l(C1Rc LIE --r-- - 1n.EPHONE UN( --x-- - WRE FOI~ -...It- .. WOOD ~CE ==rf:: ~~~ ( ) - PlAT OR! DEED CALL tu .. CONlRDLUNG IIIII~UENr · - BASE BEARWG fiA TCH LA rouT ~.. WOOD tl29.. SlONE ~- CONCRETE ~ - BAD: 1.;\ On.oin. Plats'Te.. lcJ'\ d." Te..JeyLame-rp..dq LcGtND EXHIBIT C 0.282 ACRES NOWliN ROAD RIGHT OF WAY ABANDONMENT BEJNG A 0.282 ACRE TRACT OF LAND IN THE BERRY MERCHANT SURVEY, ABSTRACT NUMBER 800. CITY OF DENTONII DENTON COUNlY, TEXAS. AND BEING A PART OF THE RIGHT OF WAY OF NOWLIN ROAD. A PUBLIC ROAD. SAID 0.282 ACRE RIGHT OF WAY ABANDONMENT BEING MORE PARTICULARLY DESCRIBED AS FOllOWS; BEGINNING AT A WOOD FENCE CORNER POST FOUND IN lliE EAST RIGHT OF WAY LINE OF A PUBLIC ROAD POSTED AS TEASLEY LANE FOR THE NORTHWEST CORNER OF SAID JESTER TRACT AND THE SOUTHWEST CORNER OF THE HEREJN DESCRIBED TRACT; THENCE NORTH 01 DEGREE 48 MINUTES 53 SECONDS WEST WITH SAID RIGHT OF WAY LINE A DISTANCE OF 16.50 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THE DEDICATION OF WHEElER RIDGE, PHASE THREE, AN ADDITION TO THE crrv OF DENTON AS SHOWN ON THE PLAT THEREOF, RECORDED IN CABfNET Vt SLIDES 781 & 762, OF THE PLAT RECORDS OF DENTON COUNlV. TEXAS;. . THENCE NORTH 89 DEGREES 57 MINUTES 31 SECONDS EAST WITH THE SOUTH UNE THEREOF A DISTANCE OF 734~61 FEET TO A PK NAIL FOUND FOR A SOUTHERLY SOUTHEAST CORNER OF SAlD WHEELER RIDGE AOOmON DEDICA 110N AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 04 DEGREES 32 MINUTES 37 SECONDS WEST WJTH THE EAST LINE THEREOF A DISTANCE OF 17.07 FEET TO A WOOD FENCE CORNER POST FOUND FOR THE NORTHEAST CORNER OF SAID JESTER TRACT AND THE SOUTHEAST CORNER OF TH.E HERElN DESCRIBED TRACT; THENCE WEST WITH lHE NORTH LINE THEREOF A DISTANCE OF 732.73 FEET TO THE PLACE OF BEGINNING AND ENClOSJNG 0.282 ACRES OF LAND. MORE OR LESS. THIS SURVEY CORRECTLY REPRESENTS THE RESULTS OF AN ON...THE-GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVlSI""-I.. THERE ARE NO VISIBLE OR APPARENT INTRUSIONS. PROTRUSIONS OR EASEMENTS . EXCEPT AS SHO HEREON~ V~- /Z-30-05 K ETH zo NGER R.P.L.S.. NO.. 5312 DATE Lopa:. 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(41"011 ,()6) J.1'lA.tl.I:1YHtlW ~/ /~ .------- li~iti ~~~~~ ~I~fi~ O~ aBi ..... o ~ # 'U ~~ 'mX 1~ ~~ ~::J ::)0 000 ~6 G'ffi t)O -:i. ~ ~ 01 . .a .........- ... . . -- g z tii. <O~Z l5Zz0 ff)~-~ ~O~~ ::>i=w~ ct.J.oCt:~ ~~~O UJQQ..x ~ ~ ;;f/l tna::O!:2 !zwwli: wO...lW za10 ~~~~ t1.~O~ ~===zffi ::;>~2 ...w<CUJ ~~~~ ~CI.J~o: OO~O o~ .(1) r::ozz $l%:Qo o::C)~a; ~~~~ !!2"a.o J:z::ao: 1-0000.. /H j I C r. .. << ~~ t t .... ........ 853 .,., fS W ., _ _ _ ~ _ _ _ i ~ ~~ I~~ "'il!~a; t 11 ~ is I I b f~ 5~i~II;I; r~~~ii ~~ ~ le3i ~. i a ~J~i~~~iMe!!,~Sil~~~i~~:il~~!~!~l~~iil~!S!~ ~HB ~ ;z; ~ 4!; ti ~ :I a...h~...~~ !leii!ltl!il:s C1i ~~!:i'" -!Illl ... t!:' 1 ~ ~1~1~!;I~~~iiSlilill~Ii~Viit;~iil~~!~~~~d ~ II ~ -.I . I . ". I . I' . . . I I . . . . . . . · · · · · · . .... t ::>'::; 1 I Ill-' I I il;. "i iIIl::lldl5CtIE15t~~~~~~tl.I;ltlf~~IiEi 'rtttTfC~. i mulfil ! , NORTH ~ ~ l! 8 ..... , 1111: I&: .. I t: , iii 5f: J.NmNOaNVSV av03 NrI.M.ON t aSVHd ~f)aIH Ha1a3:lU- I tU If i Eif 21 E;!!I il w to- m :E )( w !II f I e ~-~.- "-'''~~'xF::::=~~:-=rFliiii~ :nFlnl ~~J~~";;;:' 7! !;E0~~lantt~ 200 E. Abram St. Arlington, TX 76010 tel 817 469 1671 fax 817 274 8757 www.mmatexas.com July 5, 2006 Pamela G. England Real Estate Specialist 601 E. Hickory SuiteS Denton, Texas 76205 Ref:-Abandonment of Nowlin Road Phase 1 Portion - Denton, Texas Pamela, The purpose of this letter is to request the abandonment of Nowlin Road from Teasley Lane to existing Saddleback Drive in Wheeler Ridge Phase 3. Nowlin Road currently encumbers the property for Wheeler Ridge Phase 3 and 4 as owned by Centex Homes. Centex Homes has agreed to work with the city in maintaining access to Wynestone at Oakmont Phase 1 until such time other access is provided by the city. Attached is a sketch of the affected properties, a roadway detour plan and a phasing exhibit. I would appreciate any help in expediting the abandonment of this road as soon as possible. Please let me know if you have any questions. Terry Bele er Project Manager Mycoskie - Mcinnis Assoc. Cc: Paul Williamson City of Denton Clint Vincent PE - Centex Homes Exhibit 3 I*embei. '19.'2005 City of Denton 221 North E1m:.Street Denton~Texas 76201 ,... --g.:. ..U~NJfBNt~oFNOWLIN.ROAJ) mGIIT OP'WAY . . .. ....'])ear.Sirs: ...:.... . . . . . -..>::".: 'S.t8ftft'be._i1i~:~_~~sldcot~~east~f1'~taDe. . . . ~ ~ . ....W-e*~:~~.......tity~o(~~or~... ...:.~>.... '.~';.~~,: .. . VikliaJeSt<<. . .' . ,;;- -v~Q~ ! -: . ".- ~. ~ ~. . .". '" -. ~ .". ". ....... -:--. ;" .... '.. ... ~ ~.. . ... '.' . :;:r. . ~ .. ~.~.... . :p.- . . . .. _ ..r.. ~ _ . . .. .::.;.;.., >~. :..:. , <~. ,.' .,~, :.;, '~~.,:.~ ...:;; ':~.-.";" :~;...~ ~."'.l".~~ ~iJ~. ;:' .;.~:..~..::;.:1.;);:, ..,.;,~~,..~..;{~~:~:1.".~;; :,,"... .';~",:; -:.~'. ~ ...~~~:-:,...: L ~ :~.:.:~ ':."'. .::~::.: ..~.,.:...' . . ~;. ~.. ._. AGENDA INFORMATION SHEET AGENDA DATE: July 25, 2006 CM: Transportation Operations Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Consider the adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute on behalf of the City of Denton Amendment No.3 to an Airport Project Participation Agreement with the Texas Department of Transportation dated January 8, 2002 relating to the construction of improvements at the Denton Municipal Airport and declaring an effective date. The Airport Advisory Board recommends adoption of this ordinance, 5-2. BACKGROUND In January 2002 the City of Denton entered into an Airport Project Participation Agreement (APPA) with the Texas Department of Transportation, Aviation Division (TxDOT) for the Tower Terminal Project (grant). The original grant was for a total grant match of $800,000. This was a 50:50 TxDOT match of $500,000 for the Tower Project and $300,000 for the Terminal Project. Security concerns after the September 11, 2001 terrorist attacks led to the originally planned joint use Tower-Terminal Project to be separated to achieve increased safety and security of the air traffic control operation. In September 2004, an additional 50:50 TxDOT grant of $100,000 was offered to provide for the construction of an auto parking lot for the proposed Terminal Building. With this amendment, Amendment No.1, the Terminal Project realized a total TxDOT match of $400,000 for the Terminal project. TxDOT is also applying a 90: 10 federal Non-Primary Entitlement Grant (NPE) to the construction of the terminal providing a combined funding source of $166,667, $150,000 federal share and $16,667 local share. Total aid in construction for the project, TxDOT and federal, is $550,000. On March 7, 2006 the City Council adopted Ordinance No. 2006-068 approving Amendment Number 2 to the Tower-Terminal Grant. This amended the procedure for financial payment and nominated TxDOT to serve as the agent to reduce financial liability, enhance compliance with grant regulations and improve efficiencies in grant administration within TxDOT. This amendment required that the City of Denton submit the sponsor's local share of the estimated project cost to TxDOT prior to advertising the bid for the project. Furthermore, Amendment Number 2 requires that should the low bid exceed the estimated project cost and TxDOT grant match, the sponsor will be required to submit the additional local share to TxDOT prior to accepting the low bid and initiating a construction contract with the low bidder. GRW Willis is the architect for the project and City of Denton Facilities Management has been retained to provide project management. GRW Willis provided a probable construction cost of $803,238 and subsequently put the project out for bid through TxDOT in May 2006. A bid opening was held on June 6, 2006 with Central Builders of Denton, Texas submitting a low bid in the amount of $1,140,778. A terminal project bid list has been attached as Exhibit 4 for your reference. The bid to construct the proposed terminal project is $337,540 above the architect's probable construction cost estimate of $803,238. Additionally, certain construction services and related items are not eligible under the 50:50 TxDOT grant. The architect's estimate did not include the aforementioned non-eligible costs of landscaping, project contingencies, impact fees, tap fees, data/fiber, phones, furniture, or other related fixtures and equipment. These expenses were originally estimated at $150,000 and programmed through the use of gas well revenues and later through the use of Airport certificate of obligation bonds scheduled for sale in July 2006. The Airport Terminal budget has a $97,380 fund balance to facilitate the project. The low bid of $1,140,778, the 'additional costs' of $162,315, the design/engineering fees of $78,512 and bid advertising fees of $2,102 amount to a total estimated project cost of $1,383,707. This results in a difference of $355,857 from the February total project estimate of $1,027,850. Maximizing the $550,000 in aid in construction will require an additional $364,070 in local funding to accept the bid and proceed with construction. Exhibit 6, Airport Terminal Building Construction Costs, outlines project funding and participant share of project costs. City staff has identified the use of a portion of the $700,000 in CO Bonds to be issued in July 2006 for Airport Capital Projects to cover the anticipated funding shortfall. Approval of the $364,070 in CO funding will allow for the City to submit the remaining local share amount of $268,775.46 to TxDOT, increase the total grant agreement by $254,724 from $1,800,000 to $2,054,724.65 and allow for TxDOT to execute a contract with Central Builders to begin construction of the proposed Terminal facility. OPTIONS I. Redesign and re-bid the project. II. Approve the proposed Grant Amendment Number 3 and authorize the use of additional CO funds to facilitate the project. III. Provide staff direction with additional options. RECOMMENDA TION The Airport Advisory Board and staff recommend Option II. ESTIMATED SCHEDULE OF PROJECT The TxDOT bid process requires contractors to guarantee bids for 60 days. TxDOT has indicated that a response must be provided by August 4, 2006. Should the City Council adopt the proposed ordinance approving Amendment Number 3 to the grant and approving the additional local share of funding, the estimated six-month construction phase could begin within 30 days of project approval and notice to proceed. PRIOR ACTION/REVIEW The City Council approved Amendment Number 2 to the Terminal Grant on March 7, 2006 providing for an estimated grant eligible construction cost of $877,850 and an estimated total project cost of$I,027,850. The Airport Advisory Board met in a Special Called meeting on June 30, 2006 to review the cost overruns with the architect, Facilities Management and Airport 2 Management and recommended 4-2 to move forward with funding the project. At the July 12, 2006 Airport Advisory Board Meeting, the Airport Advisory Board voted 5-2 recommending adoption of the proposed amendment Number 3. FISCAL INFORMATION A 90:10 federal NPE grant is in place for $150,000 of matching funds to assist in the construction of the Terminal. A 50:50 match grant is in place for construction services related to the proposed airport terminal building and related parking lot. Total project participation by TxDOT is now proposed at $400,000 and federal participation will be $150,000. Construction cost is now estimated at 1,383,707 and local participation is estimated at $833,707 or 60% of the construction cost. EXHIBITS 1. Ordinance 2. Grant Amendment Number 3 3. TxDOT Payment Request 4. Terminal Project Bid List 5. GRW Willis Schedule of Values 6. Airport Terminal Construction Costs 7. Airport Board Draft Minutes, June 30, 2006 8. Airport Board Draft Minutes, July 12, 2006 Respectfully submitted: 0/'"" /d~ Mark Nelson, CM Chief Transportation Officer 3 ..... S:\Our Documents\Ordinances\06\ TxDOT Grant Agreement Amendment 3.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AMENDMENT NO.3 TO AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION DATED JANUARY 8,2002 RELATING TO THE CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No~ 2002-005 the City of Denton ("City") entered into an Airport Project Participation Agreement, dated January 8, 2002 with the Texas Department of Transportation ("TxDOT") related to the construction of improvements consisting of the air traffic control tower, airport terminal building, and auto parking lot at the Denton Municipal Airport, referenced as TxDOT Contract No. 2XXA V018 (the "Existing Agreement"); and WHEREAS, pursuant to Ordinance No. 2005-286 on September 21, 2004, the City entered into Amendment No.1 to the Existing Agreement; and WHEREAS, pursuant to Ordinance No. 2006-068 on March 7, 2006, the City entered into Amendment No.2 to the Existing Agreement; and WHEREAS, TxDOT and the City desire to enter into Amendment No.3 to the Existing Agreement, a copy of which is attached hereto and made a part hereof by reference ("Amendment No~ 3"), to increase the funding by $254,724.00, increasing the total project cost to $2,054,724.65 and the City's share of eligible project costs to $1,154,724.65; and WHEREAS, the City Council deems it in the public interest to approve Amendment No~ 3. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The fmdings and recitations contained in the preamble of this ordinance are incorporated herein as true. SECTION 2. The Interim City Manager or his designee is hereby authorized to execute Amendment No.3 on behalf of the City of De:q.ton. SECTION 3. The Interim City M~ager or his designee is the City's authorized representative who is directed to comply with any assurances, conditions, or agreements required to be executed to receive the funds provided under Amendment No.3, including payment of the City's share of the estimated construction costs. SECTION 4. The Interim City Manager, or his designee, is authorized to exercise all rights and duties of the City of Denton under Amendment No. 3 and to make any expenditures provided for therein. Exhibit 1 s: \OUf Documents\Ordinances\06\ TxDOT Grant Agreement Amendment 3.doc SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY. BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ?f'/~_ # t ,1 ~.. rUuC~ .~k/' / Page 2 of2 TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (State Assisted Airport Development) Amendment No.. 03 to the Agreement TxDOT CSJNo.: 0218DENTN TxDOT Project No.: AP DENTON 3 TxDOT Contract No. : 2XXA VO 18 Commission Approval: September 27, 2001 Part I - Identifieation of the Project TO: The City of Denton, Texas FROM: The State of Texas, acting through the Texas Department of Transportation The City of Denton, hereinafter referred to as the "Sponsor", and the Texas Department of Transportation, hereinafter referred to as the "State," have entered into an Airport Project Participation Agreement TxDOT CSJ Number 0218DENTN, executed by the Sponsor on January .8, 2002, and by the State on January 22, 2002, for the development of the Denton Municipal Airport. The project is described as design and construction services to: build an airport terminal building and an air traffic control tower and auto parking lot at the Denton Municipal Airport. Part IT - Offer of Financial Assistance~ estimates total project costs to be $1,800,000. Financial assistance is currently limited to $900,000 state funds and $900,000 in local ~~oc~s. . It is in the mutual interest of the Sponsor and the State to amend the Airport Project Participation Agreement at this time to increase the agreement by $254,724.65 in local share to cover the actual bid results for the terminal building .and parking lot. In consideration of the parties' mutual promises, the following amendment to the Airport Project Participation Agreement shall become effective upon execution of this Amendment by the Sponsor and the State~ The Airport Project Participation Agreement is amended to following: Page 1 of3 EXHIBIT 2 1. Part ll, paragraph 1 of the Agreement, change AmOWlt A, total project costs, and any further references in the Agreement to Amount A, to $2,054,724.65_ 2. Part II, paragraph 1 of the Agreement, change Amount B, State's share of eligible project costs, and any further references in the Agreement to Amount B, to $900,000. 3. Part ll, paragraph 1 of the Agreement, change Amount C, Sponsor's share of eligible project costs, and any further references in the Agreement to Amount C, to $1,154,724.65. All other terms and conditions of the agreement axe unchanged and remain in full force and effect. The above amendment to the Airport Project Participation Agreement between the City of Denton and the Texas Department of Transportation is mutually agreed to and accepted. Executed this day of ~ 20__ The City of Denton. Texas Sponsor . Witness Signature Sponsor Signature Witness Title Sponsor Title ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ED\lIN M. SNYDER, CITY ATTORNEY BY: 9k4V~/'''' ~. . /. Page 2 of3 Execution by the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or canying out the orders, established policies or work progmms and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: Date: Page 3 of3 epartment of Transportation AVIATION DIVISION 125 E. 11TH STREET. AUSTIN, TEXAS 78701-2483. 512/416-4500. FAX 512/416-4510 June 29, 2006 Mr. Mark Nelson City of Denton 215 East McKinney Del1toll, Texas 76201 TxDOT Project No.: AP DENTON 3 TxDOT CSJNo.: 0218DENTN Fund Source: 4114000006 Dear Mr. Nelson: The sponsor's share of the total project costs is estimated to be $1,154,724.65. Our records indicate we have received $355,590 in cash applied towards this project and have credited $500,000 from the control tower project and credited another $30,359.19 for design services related to the terminal building. We are requesting the additional funds of$268,775.46. Please remit payment to the address as follows not later than July 18, 2006. Texas Department of Transportation P.O. Box 5020 Austin, Texas 78763. Attn.: Diana Ruiz Sincerely, -r---"\. . i'\ f\ ! , -~\ fi - , II~; " n h { tui ( ';';1 I LLi. '~~~(\ { ~f' (~'~JJ' . r(f.\ lllr..~ .~ ,\ 1 J ~ \)\ \ \J v ; i 1 l\jV \ . B '\"". ~......- \J ~,~ Allison Martin Grant Manager cc: Diana Ruiz EXHIBIT 3 An Equal Opportunity Employer Airport Terminal Bid Opening 6/6/06 Contractors Submitted Bids Central Bu ilders Denton, TX Base Bid: Yes Add #1 : yes $1,135,000.00 Alt #1 $5,778.00 Total Bid: $1,140,778.00 Reeves Construction Svc Inc. Mesquite TX Base Bid: Yes $1,239,750.00 Add #1 : yes Alt #1 $6,600.00 Total Bid: $1,246,350.00 Acco General Contractor Ft. Worth Base Bid: Yes $1,251,660.00 Add #1 : yes Alt#1 $6,280.00 Total Bid: $1,257,940.00 Faine Group Ft. Worth Base Bid: Yes $1,257,000.00 Add #1 : yes Alt #1 $9,500.00 Total Bid: $1,266,500.00 Basecom Ft. Worth Base Bid: Yes $1,404,000.00 Add #1 : yes Alt#1 $11,503.00 Total Bid: $1,415,503.00 EXHIBIT 4 ~ D... III C'll O'l II O'l G.I 0 0 - "- N N .s <( '<:;f"- '<:;f"- o OJ I-"C m tJ) CJ) ~ c; > '+- o CJ) :i "'C CJ) .t: (.) en ~ ~ ~ C) C'I s::: :St: ~e- 1Il~ ~ % III ~.~ ~ .~ ~ l- s::: e e- ~~~ <(00 g~ ~~ "-<0 G.loo a. ~ ~ ~ ~ ::R ~ ~ ~ ;; I""- ~ 00 ~ 0 N C") "! 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"'C ~ ~ ~ c g ...J 0> 0 c E ci 0> ~ g [ ~ : .S w 0> C'" ~ "'C W co -5 ~ E .5 ::J ~ C x r:: co u: o cD 0>- ~ I- .a (u 0 .E "'C 0 ::J ~ ~ t of< of< it EF.)- ca LL 1:: o .c tn .... u CD .0' ... a.. ca .... o I- Exhibit 6 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 44 45 46 DRAFT MINUTES AIRPORT ADVISORY BOARD MEETING JUNE 30, 2006 After determining that a quorum was present, the Airport Advisory Board convened in a Special Called Meeting on Friday, June 30, 2006 at 12:00 p.m. in the Denton Civic Center Building in the Community Room at 321 East McKinney, Denton, Texas. BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don Smith, Jay Anderson, Charles Brown, Larry Luce, and John Kristoferson. BOARD MEMBERS ABSENT: Bob Eames excused absence. STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer, Tim Whitman, Airport Manager, and Julie Mullins, Aviation Assistant. PUBLIC PRESENT: Linda Ratliff, Director of Economic Development, Karen Dickson, Denton Chamber of Commerce, Bruce Henington, Director of Facilities Management, Herman Lawson, Facilities Management Project Manager, and Brian Glass, GRW Willis, Inc. Architects. ITEMS FOR INDIVIDUAL CONSIDERATION I. Receive a report, hold a discussion, and provide a recommendation on the Airport Terminal Building project to include a discussion with GRW Willis and Facilities Management on the Terminal Building bids, construction schedule and available options. Mr. Woolfolk moved this item to second to allow time for other Board Members to arrIve. John Kristoferson and Don Smith arrived at 12:08 p.m. Mr. Whitman introduced Bruce Henington, Herman Lawson and Brian Glass to the Board. Mr. Whitman stated the goal of this meeting is to give an overview of the Terminal Building Project, to ask questions of the Architect, Facilities Management and Airport Staff and to talk about the additional funding needed to complete the Terminal Building Project. Mr. Woolfolk commented that Jay Anderson, Larry Luce and he met with the Architect and Facilities Management on June 21. There were 5 options discussed. Option #1 is to go back to the drawing board and start over, but the FAA indicated that funding might be lost and they have never seen a project that has been reworked that has come in cheaper. Option #2 is to have Facilities do some value engineering, but by law the City cannot do that. Option #3 is to find the additional funds needed; this is the preferred option. Option #4 is a combination of Options 2 & 3, but there AIRPORT ADVISORY BOARD DRAFT MINUTES JUNE 30, 2006 PAGE 2 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 may be legal problems with that approach because of the value engineering. Option #5 is to discontinue the project wait to begin the project at a later date. With this overview, Mr. Woolfolk asked if anyone had any questions. Brian Glass commented that the Terminal Building Project received 5 bids. The contractor, the lowest bidder, was asked to provide the architect with a schedule of values. Mr. Glass broke down the price by divisions of work and specifications. There were five divisions that incurred major increases, divisions 2,4, 8, 15 and 16. Division 2 is one of the biggest increases, which is site planning (drainage, utilities, asphalt pavement), going from $81,087 to $ 232,970. Divisions 15 and 16 were other major increases rising from $78,829 to $166,500 and $79,145 to $159,900 respectively. Two things happened before going to bid and during the bid process; changes to the scope of work were made in those areas and metal costs rose significantly. Mr. Glass indicated that the range of bids was fairly tight suggesting that bids are indicative of the market at this time. Mr. Charles Brown inquired as to the size of the building. Mr. Glass responded that it is a 5,000 square foot building. Mr. Herman Lawson commented that based on the 4,600 square foot plan, construction costs would be $170.00 dollars a square foot for the building and the parking lot is $11.45 per square foot. Mr. Woolfolk commented that we have to comply with TxDOT grant requirements which increases the project cost over what a private developer may typically experIence. Mr. Charles Brown asked when the probable cost estimates were completed. Mr. Glass said they were completed in November 2005 and drawings were due in December 2005. Mr. Brown questioned why after only three months we are $350,000 over budget before even getting started. Mr. Woolfolk said capital project costs are being experienced allover the City. Mr. Brown voiced his concern for the high cost per square foot to build the building and recommended building something that cost less to construct. Mr. Nelson asked Mr. Glass what their design fees are and Mr. Glass said 7-10% of the project cost. Mr. Larry Luce stated that the building is in three modules, and looking at the soil report a pier and beam foundation must be utilized. Mr. Brown asked if this bid could be canceled. Mr. Woolfolk said the problem with that is time and inflation. AIRPORT ADVISORY BOARD DRAFT MINUTES JUNE 30, 2006 PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Mr. Kristoferson commented that without the building there will be additional costs for administrative office rent and only a marginal cost savings could be expected. Mr. Whitman stated we are working with a grant on this project and if we cancel this project we will have to start over and apply for a new grant. Mr. Nelson commented that the City will be listing the bonds for the runway extension project as Airport capital projects so that there is flexibility in the use of the funds and they can be used to make up the short fall in the terminal project. Rick Woolfolk stated that action on this item must go to City Council by July 18, 2006 because TxDOT has to notify the low bidder by August 6, 2006. A motion was made by Larry Luce to recommend to City Council to accept the low bid and ask Council to appropriate the necessary additional funds and instruct the Architect to work with the Contractor to seek ways of lowering costs without altering the basic project configuration. Mr. Don Smith seconded the motion. Motion carried 4-2. Mr. Nelson indicated that a grant amendment would be initiated and brought back to the Advisory Board at the July 12 meeting. 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 44 45 46 47 DRAFT MINUTES AIRPORT ADVISORY BOARD MEETING JULY 12, 2006 After determining that a quorum was present, the Airport Advisory Board convened for a Regular Meeting on Wednesday, July 12,2006 at 5:30 p.m. in the Denton Civic Center Building in the Community Room at 321 East McKinney, Denton, Texas. BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don Smith, Jay Anderson, Charles Brown, Bob Eames, Larry Luce, and John Kristoferson. BOARD MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer, Tim Whitman, Airport Manager, Herb Prouty, Consulting Attorney, and Julie Mullins, Aviation Assistant. PUBLIC PRESENT: John Vann and Jan Vann ITEMS FOR INDIVIDUAL CONSIDERATION IV. Receive a report, hold a discussion and provide a recommendation to the City Council authorizing the City Manager to execute on behalf of the City of Denton Amendment No. 3 to an Airport Project Participation Agreement with the Texas Department of Transportation dated January 8, 2002 relating to the construction of improvements at the Denton Municipal Airport, and declaring an effective date. Mr. Whitman briefed the Airport Advisory Board on the direction staff received from a Special Called Meeting on June 30, 2006; Airport management has moved forward with this item to go to City Council at this time including the TxDOT Amendment Number 3. Mr. Brown raised a question on the text included in the Recommendation section of the Draft Agenda Information Sheet prepared for Council concerning the Terminal grant Amendment Number 3.Airport Project Participation Agreement No.3. Mr. Brown requested that the recommendation state only that the "Airport Advisory Board and staff recommend Option II." The Board and staff agreed to this amendment to the draft Agenda Information Sheet. Mr. Brown gave an overview of the June 30, 2006 meeting for the benefit of Mr. Eames and expressed his concern for the overall cost of the project stating that he believed the terminal project could be completed for less. Dr. Smith arrived approximately at 5:36 p.m. Mr. Eames commented that he appreciated the opportunity for the additional discussion on this item since he was not present at the June 30 meeting. Exhibit 7 AIRPORT ADVISORY BOARD DRAFT MINUTES JULY 12, 2006 PAGE 2 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 Dr. Kristoferson arrived approximately at 5 :42 p.m. Mr. Woolfolk commented that the Architect and Facilities Management discussed the increase between the actual project cost and the estimate. There were some modifications made to the project scope between the time of completion of the cost estimate and bid opening and the cost of construction has escalated, especially fuel and asphalt. He also stated that the TxDOT has received the increase information, so they are aware. Mr. Nelson reported that the Architect had stated in the June 30, 2006 meeting that by looking at the spread of bids, he felt like the bids are in line with current market prices. Mr. Anderson concurred with the statements made this far, but believes the terminal project should wait for building prices to come down. Mr. Anderson also recognized the grant funding cycle and the need to capitalize on the grant funds. Mr. Brown reiterated his concern with the cost of the project. Dr. Smith stated that the cost of construction is going up; the fundamental discussion is that we build a decent terminal building that will last for decades. We have seen remarkable growth in the past 10-15 years and the terminal building proposed is right for Denton. We need a new terminal building; the price is too high but if this is the going rate we have to move forward with it. Dr. Kristoferson agreed with comments by Dr. Smith about the need for a quality facility, and suggested that it may be too small when compared to McKinney and other competing airports. Dr. Kristoferson further suggested that other creative financing such as private partnerships with airport tenants may be able to improve the economics of the project. Dr. Smith made a motion to approve the proposed amendment and provide a recommendation to the City Council. Rick Woolfolk seconded the motion. Motion carried 5-2. AGENDA INFORMATION SHEET AGENDA DATE: July 25,2006 DEPARTMENT: City Manager's Office CM: Howard Martin, Interim City Manager SUBJECT Consider appointments to the City's Boards and Commissions. BACKGROUND Attached are the nominations Council has submitted for boards and commissions positions. Council will be voting on approval of these nominations plus designating the terms of office for the Public Art Committee. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\Boards & Comm\Agenda Info Sheet for Nominations IIC.doc BOARD AND COMMISSION NOMINATIONS Board Council Nomination Member Community Development Advisory Cmte. All Human Services Advisory Cmte. McN eill All Planning and Zoning Commission Montgomery McN eill Public Art Committee Heggins Kamp Diana Block NOTE: Term of office must be designated. Thomson J 0 Williams Four positions == 2006-07 McElroy Five positions == 2006-08 Montgomery Mulroy GDAC Jack Davis GDAC Joy Siegmund ~ ~ ~ ~ ~ ~ ~t'- 00 u~ I ~\O ~g ~<""l U ~ ~ ~ ~ ~ ~ 0) 1aoO ~O bOO .U; ~ 0)\0 ""dO 0)0 ..D<""l ~ ~ ~c.8 8 0) > ~~ S""d o ~ ~ ~ 08 r.rJ I 8\0 ~o 0)0 ~<""l ~ ~c.8 ~ ~ o ~ Z& ........ = a ~ J. ~ ~ ~~ ........ = ..... ~ ~ a .~ d .- .- _ 0 o ~ < ~ = ~ 0 =..= ~ c. o~ ~ ~ ~ = ~ 0 a..= o c. ==~ ~ ~ ..... .- ~ ~ = ~ =..... u~ rI.l rI.l ~ J. 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