HomeMy WebLinkAbout04-22-1980
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AGENDA
COUNCIL
CITY O NTON CITY 80
hpril 22o
Special Called Meeting of the Cite of Denton City Council#
,ouncil hr
snicipal lBu?ldtng8. 0 at 1300 p.m. in the C
the Mu Broadcast live on KNTU Radio C88-5eFBM-f
Consider proposals on the employee life insurance program.
2. Consider discussion on Housing Finance Corporation
Mortgage Demand Study.
3, ordinanc:ess
A. Article Consider IV adoptin an 26d-55 of the dDentona Code 2of
ordinances providing for the rates to be charged by
taxicabs.
adopedSection
Buordinae ilding Code amending
by i
B. Consider Uniform an
of the 1976 Section
+ 5-14 of the Code of Ordinances of the City of Denton
1 by amending Section 1704 to provide that all roof
rshall be fire-retardant and prohibiting
wood shingles
4, Resolutions%
A. Consider a resolution providing n oHickory eandrary Oak
street closing on Fry Street between th27is1980 as requested by Sigma A phafHu
Sundayr April
Fraternity.
5. Consider final paym°nt to Denton Construction Company for
the McCormick Street Drainage Project.
6. Consider authorizing tion s 1nreai Hunting the
American
Washington.
7. Consider swearing in the newly elected Council members.
8. Executive Sessions
A, Legal Matters
B. Real Estate
C. Personnel
Do Board Appointments
91 Consider Board Appointments
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CITY COUNCIL AGENDA ITEM
April 22, 1980
SUBJECTi
Consider contracting with Life insurance Company of North America
for group life insurance for City of Denton employees,
SUMMARY:
The City of Denton has been contracting with Life Insurance Company
of the Southwest for group life insurance at a rate of $,38 61,000
for life irwurance and $,051 61,000 for ADaD for a total of $.134
61,000. Life Insurance Company of North America has proposed a
rate of $.25 61,000 for life insurance and $46 for AW for a
total of $.31 11,000 (see attached),
FINANCIAL SUMMARY:
I Quotes were received from six companies on our life insurance
program and insurance Company of North America (INA)proposed the
lowest rate (see attbohed). Contracting with INA would result in
an approximate annual savings of 613,000.00 with no change in the
level of service.
ACTION REQUIRED:
The City Council authorize the City Manager to contract with Life
insurance Company of North America for the City's group life
insurance.
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ALTERNATIVESi
1. The Council approve the staff recommendation.
2. The Council disapprove the staff recommendation,
STAFF RECOMMENDATION:
It is recommended that the City of Denton award the group life
insurance program to the insurance Company of North America.
c
e y MaKe , irector of Personnel
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CITY&DENTON,TEXAS MUNi0PAL BUiLDlNG / DENTON, TEXAS 7620; / TELEPHO14E(8!7)566.8200
M E M 0 R A N D UH
TOs V'ris Hartung, City Manager
MMI Betty McXean, Director of personnel
DATE: April 7, 1980
SU&=Tt GROUP LIFE INSURANCE
Life Insurance of Company North America has proposed a rate of $,25 for
life insurance and $.06 for ADAD (total $.31 01,000). As you can see
that is a significant drop from Life of the Southwest's rate of $.38
@1,000 for life insurance and $.054 for AD&D (total of $.434 @1,000) and
would result in a gross savings of approximately $15,000.00. However,
with Life of the Southwest's $2,000.00 .ncrease in atop-loss insurance
for next year, the net savings for PY 180/181 would be approximately $
13x000.00.
The following is a summary tK the quotes received for our life Insurance
program,
Sun Wet No quote felt the past
experience was too bad
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Providents $,44 11400 term life and $.06
@1,000 AD&D
Union Nntualt $.43 11000 term life and $,06
41#000 ADSD
I Republica $.34 01,000 term life and $.06
@1,000 ADiD
Life of the Southweste $.38 010000 term life and $.054
@1,000 ADO
tneurance Co. of North Americas $,25 01,000 term life and $,06
$1,000 AD&D
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Mcmoo Life Insurance
April 7, 1980
Page Two
After reviewing the quotes, I am convinced the best possible choice at
this time is insurance Company of No_th America.
1. I.N.A. is rated A+ by Beet
2. I.N.A. has been in busines3 since 1794. It was the first
insurance company in America.
3. I.N.A. has $3400000,000.00 + of group premium in force.
4. I.N.A. has a Dallas claims office.
S. I.N.A. will take over the existing business without making the
City employees fill out new enrollment cards.
6. I.N.A. woul5 b:,ve the City of Denton approximately $13,000.00
per year.
As you see tho savings is a significant figure and does justify the
change to Insurance Company of North America. The City would benefit
from the lower premiums but would not lose anything in the quality of
service or the company from the change.
During the budget process I X411 be reviewing alternatives in utilising
the savings to upgrade our insurance program.
Please let me know if you need additional information.
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Be MCKea D reotor of Personnel
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B. E. (Bill) SW1T7.ER
P, .dnor 4 CHESTER SPARKS
i4~clnq 1
DFNTON COUeVT~ Y - iSSIONERS COURT
C, R. (Happy} SALMON
Precinct 3 LLOYD p, ODLE
Precinct 2
JERRY JOHN CRAWFORD
JUDGE
SIATH PLOCA • JOSEPH A CARROLL COURTS BWLOV- • 4C1 WEST HICKORY - OENTON, TEXAS 76201 151713411717 1173513414 • METRO 4341552 r
April 7, ig80
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TOi Denton City Council and City Manager
FROMr Denton County Housing Authority
SUBJECTI Mortgage Demand study
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our Court has organized a Denton County Housing Finance
Corporation for the purpose of funding mortgages pursuant to
the provisions of H.B. 1876.
Our underwritara. Fred Baker and Associates and Kidder,
i Peabody are presently preparing,at their expense,an analysis
of market demand for mortgage loans as described in Sec, 18 (iii)
of the bill.
I our corporation has determined on
preliminary data,
that our issue should be $44,0000000. Such determination will
be modified as the demand analysis and other data dictate. I
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Section 2 of H.B. 1876 provides that "Home" means real
property and improvements located thereon, and such "homes" w
within the local government may be eligible for low interest
rate loans. However, where the County has formed a non-profit
corporation to qualify for such loans, no loans may be placed
within a City over 20,000 population unless that City authorizes
such placement.
Because of the potential deadline of the effective date
of the Ullman Bill, now 1
periding City of Dentonts HousingAuthoritygwill,issueesufficient if
Bonds to cover your anticipated demand$ or will you request
placement of funds from Denton County's Housing Authority within
the City of Denton?
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Denton City Council
and City Manager -2- April 7, 1980
Since you have indicated that the City of Denton will
proceed with its own Bond issues we have instructed Fred
Baker and Associates to exclude the City of Denton from
the mortgage demand study. If you have plans which would
require the study be made within the City of Denton also,
please let us know. I
We need this information from you prior to the effective i
date of the Ullman Bill, which most likely will be April 24,
1980. Otherwise, a later requt_t by the City of Denton for
placement of Denton County Housing Authority Funds within the
City limits of Denton will potentially cause a shortage in
funds committed County-wide, exclusive of the City of Denton.
If you need further information, please let us know,
and we will have a representative of Fred Baker 6 Associates
contact you directly.
j Very truly yours,
DENTON COUNTY HOUSING AUTHORITY
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Byr
e ry h Crawford, C irman
j JJCrig
! cos Mr. Bill Carpenter, Fred Baker & Associates
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117
NO.
AN ORDINANCE AME=11,10 CHAPTER 26, ARTICLE IV, SECTION 2E-55
OF THE DENTON CODE OF ORDINANCES, AS AMENDED, PROVIDING FOR
THE INSTALLATION OF TABIMETERSI PROVIDING FOR PATES TO BE
CHARGED BY TAXICABS; PROVIDING FOR SEVERABILITYI AND, DE-
CIARIN(I All EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas
recognizes the need to periodically re-evaluate taxicab rates
charged within its corporate limits in order to provide the
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citizens of Denton the beat taxi service available; and
WHEREAS, the Denton Cal) Company has requested the City
Council to revise the existing rate schedule in order to provide
a reasonable rate of return on its investmentl and
WHEREAS, the City Council has carefully considered the
k proposed rates recommended by the Denton Cab company and finds
that said rates appear to be reasonable and necessary to a pure
' continued, adequate and safe service for the citizens of Denton,
Now.Therefore;
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
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SECTION I.
That Chapter 260 Article IV, Section 26-55 of the Denton
Code of ordinances, as amended, be and the same is hereby amended
in its entirety to her.l. %fter read as 1..ilowee i
"Section 26-S5. Rates to be charged.
E All fares shall be determined by a taximeter installed in
1 each taxicab and a driver shall charge only a fat as completed by
f such taximeter. Every taximeter so installed shall be kept in
good oppeerating condition and the taximeter or its drive system
shall be sealed at all points which the components, if manipulated, r
could affect the function or accuracy of the taximeter. i
A driver shall not charge a fare for operating a taxicab in
the city that is inconsistent with the following established retest
(a) A minimum fare of 11,20 including the first one-tenth
(1/10) mll• plus ten (10) cents far each additional ore-tenth
(1/10) mile from the point of pickup to destination.
(b) An extra charge of fifty (SO) cents will be charged for
each additional passenger,
(0) A surcharge of fifty (SO) Cents will be charged for any
pickup occurring between the hours of 1 00 a.m. and 6100 p.m.
Id) A fare of twenty (20) cents for each one and one-half
(1 1/ 1 minutes of waiting time or traffic delay."
1 SECTION It.
That it any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
rsrson or circumstances is held invalid by any court of competent
iarisdiction, such holding shall not affect the validity of the
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remaining portions of this ordinance, and the City Counoil of
the City of Denton, Texas, hereby decrees It would have or.acted
such remaining portions despite any such invalidity.
JEECTION III.
This ordinance shall become effective the day of
1910.
PASSED AND APPROVED this the day of r
1988.
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j CITY Of DENTON, TEXAS
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1 ATTESTi
DROOKS 0 T)Jff_
CITY Of DENTON, TEXAS
APPROVED AS TO LEGAL TORM
C.J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
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CITY OF DENTON
MEDIORANDUM
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DATE OF MEETING: April 22. 1960 /
CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA);
Consider an ordinance to amend Section 1704 of the 1976 Uniform Building Code
adopted by Sec. 1514 of the Code of Ordinances of the City of Denton to
eliminate wood shingles from all new construction.
SUMMARY:
There were several questions raised on the wording of the prior ordinance that
was passed in order to eliminate any doubt as to the Council's intentions.
We would recommend this amendment which specifically eliminates all wood
shingle construction.
FISCAL SW4ARYt
No cost will be incurred to the City of Denton.
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ACTION REQUIRED:
Council should move to approve this amendment.
ALTERNATIYESt '
Not Applicable
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STAFF RECOMMENDATIONS;
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Staff recommends approval.
EXHIBITSs
1. Memo to G. Chris Hartung
11. Copy of Ordinance
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CITY OF OENTON
l4EMOaAIIDl1M
TO; G. Chris Hartung
li FROM: Rick Svehla
DATE: April 16, 1980 i
RE: Concerning Rewording of the Ordinance to Prohibit Wood Shingles f
for use in the City of Denton
In some of our prior meetings, the Council had directed the staff to
eliminate the use of treated or untreated wood shingles for all new
construction in the City of Denton. After reviewing the ordinances
that were passed prior to this, the building inspection department
felt there was still some doubt on the elimination of the wood shingles
totally.
Therefore we would reconn tend to the Council to pass this last amendment
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so that there will be no doubt as to the intent of. the ordinance.
ck ve as
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77
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AN ORDINI..W8 ANENDINO SECTION 1704 Of TOE 1076 UNIFORM BIILLDINO
CODE ADOPTED BY SECTION 5-14 OF THE CODE OF ORDINANCES Or THE
CITY Or DENTON, TEXAS, BY ANENOIBO SECTION 1104 TO PROVIDE TEAT
ALL IMF COVIRINOS SHALL BE rIRE-RF.TARDtNYI PROHISITINO WOOD
SHINOL^S AND SHAXESI AND PROVIDING FOR AN EFFECTIVE OATS,
` THE CITY COUNCIL OF THE CITY OP D&WON, HEREBY ORDAINSt
I~ SECTION
Paragraph (S) of Section Deletions and Amendments, {
of the Code of Ordinances of the City of Denton, Texas 43
amended to heraby am ded so that Paragraph (B) of S w tton 5-I4
shall hereafter toad as fevowst
(S) Section 1704 of the Uniform Beildtng code, 1076
Edition, to do W ed and amended to read as followai
a ire. 1704. Roof coveting shall be tile-retatEant.
rite Retardant treated wood shingles and abates and
untreated wood shle.tlee and shakes shall be
prohibited.
Skylight shall be co~,tructed as required in Chapter
74. ;
Penthouses a..all be constructed as required in
Chapter 16.
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1 Tor use of plastics In roots see Chapter 51.
for Attica Access and Aru, see aeetton 1105.
For Root Drainage, ue Station 1307.
/ISC'f ION I1. I
That this ordinance aholl become effective fro% and after
tts date of passage and publication as roqulred by 14W.
PASSED AND AP?ROVBD this the- day Of - , {
1960.
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CITY Cr US S' TEXAS
ATrE.1tt 1 -
S~6dAA'1tt;L3; TDCR&TAlf4
CLTY OY DENTON, TEXAS !
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APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
•CITY OF DENTON, TEXAS
BYI
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R E S 0 L U T 1 0 N
WHEREAS, on Sunday, April 27, 1980, the Sigma Alpha' Mu
Fraternity is sponsoring an Art Festival to be
held on Fry Street between the intersection of Oak
and Hickory; and
WHEREAS, the Art Festival is open to the general public of
the City and County of Denton; and
WHEREAS, in order to provide adequate space for the said
Festival and in order to protect the safety, of
citizens who attend, the Ci.y Council of the City
of Denton deems it is necessary to temporarily
close a portion of Fry Street between Oak Street
and Hickory Street from the hours of 9:00 A.M.
until 1:00 P.M. on April 27, 1980.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF f
DENTON, TEXAS, THAT:
SECTION 1.
That Fry Street between Oak Street and Hickory
Street shall be temporarily closed as a street or
public thoroiighfare of any kind or character
whatever on April 27, 1980 from 9:00 A.M..until
7:00 P.M. for the purpose of holding the Sigma
Alpha Mu Art Festival.
' SECTION 11.
That the portion of the above described street
shall ravert back to the City for normal- traffic
activity immediately froin and after 7:00 P.M. on j
Arpil 27, 1980.
SECTION III, i
That this resolution shall take effect and be f6
full force and effect from and after the date of
its passage and approval.
PASSED AND APPROVED this the day of A. D, 1980.
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Fri L
CITY OF DENTON, TEXAS
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ATTEST:
CITY OF DEMON, TEXAS
APPROVED AS TO LEGAL FOR14
C. J. TAYLOR, JR., CITY ATTORNEY
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CITY OF DFNTON
MEMORANDUM
DATE OF MEETING: April 22. 1980
CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA):
Consider final payment on the McCormick Street Drainage Project.
SU OL.RYs
Denton Construction has sent a letter dated April 9 indicating that they
should not pay any penalty. In fact they feel they should be reimbursed
for more money. The Staff recommends that the total retainage of $111948.99
ba retained by the City since the penalty days on the contract amount to more
than that.
FISCAL SUMMARY:
We recommend the final payment which was made in July 1979 of $90,254.50
W adopted as final payment instead of $102,203.44.
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ACTION REQUIRED:
Council should approve final payment which is the same as the payment of
July 1919.
ALTS RNM IV ES i
To take legal action to obtain the maintenance bond and total amount of
penalty money.
STAFF RECOMKENDATIONS:
That we retain $11,948.99 and adopt the July 1979 payment 6S the finat
payment.
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EXHIBIM
1. Memo to G. Chris Hartung
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CITY OF DENTON
MEMORAfJDUhI
TO: G. Chris Hartung
FROM: Rick Svehla
DATE: April 17, 1980
RE: Final payment to Denton Construction Co. - Drainage rroject
WeSincereceiwevedd
diareceiletterveth f roml e Detter ntonL at Coenstive ,ruction last Monday, April 14, 1980.
e
asked the Council to pull the
item off the Agenda so that we could give the Council more backup. As you
will recall, at a previous meeting, we talked with the Council about
making a final payment to Denton Construction of $728.00 provided that they
submit a maintenance bond.
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As you can see by Mr. Thomason's letter dated April 9, he does not want to
bond. In
does not h feel letter, hhas Mbeenhtreatedmfairlys severrl
fairly-
The first item he mentions is extra excavation. Mr. Thomason feels that he
moved more dirt than was called for in the contract. Our contract called
for removal and excavation of dirt in the main channel as the only item to
be paid for. Before the project began, City crews cross-sectioned the area
by standard accepted methods and we believe our figures to be correct. In-
cluded in the McCormick Street contract was approximately 750 feet of 48"
pipe. In the bid price for this item, trench excavation for the installation
of the pipe is included. For this amount of footage there would be a -
proximately 11300 cubic yards. 1 believe this, coupled with the small
amounts of extra excavation that Mr. Thomason had to do to provide for
access of his equipment or that he promised the landowners he would do,
accounts for his claim for 1,562 extra cubic yards of excavation. Again,
the specifications call for the contractor to include the pipe excavation
and to provide his own access to the work for his equipment by obtaining
the needed permission from the adjacent landowners. s
The next item Mr. Thomason mentions is the fact that he changed his bid to
accommodate the City's lack of funds. It is true that Mr. Thomason did
change his bid. Included with this memo is a copy of the proposal in which
Denton Construction bid $39.59 per square yard of Class B concrete. Also
included is a memo to the City Council from Jim Jones dated February 6, 1978
which indicates that we did indeed visit with Mr. Thomason to ask if he had
made an error in his calculations. At that meeting he did indicate that he
felt an error had been made. Also attached is a letter to Mr. Jones from
Mr. Thomason indicating this error and his request to modify Item #421 g
for Class B concrete to $12.65. I would like to point out that we did not ~
force Mr. Thomason to do this, rather it was a request made by him. At no
time did we ever Indicate to Denton Construction that the City would eliminate
a ~
y trees ,fill from the contract. i
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memo to G. Chris Hartung
Final Payment to Denton Construction Co. - Drainage Project
It is also true that Mr. Thomason did agree to some additional work in the
channel. This change o.-,ter to the contract was made in December 1978. By
that time, Mr. Thomason's firm had come very close to running out of con-
struction days. The Council old approve additional change orders and did
approve a substantial amount of working days. It is true that Mr. Thomason
did hold his price, however staff felt the 75 days was rather excess for
the addition to the contract and it was felt by all that the larger number
of days would help Mr. Thomason's firm complete the contract on time.
Mr. Thomason also indicated that other firms had been given extensions on
their contracts. This has certainly been true, however, in cases where
this has occurred, the extra time has been given because a utility has
been in the way and caused a delay, or materials from one source manu-
facturers had held up the contract, or there have been law suits which
have curtailed the construction or other reasons that the contractor has
no control over. When a contractor enters into an agreement to do a ,job,
he is supposed to be aware of the project and its difficulties and he is
supposed to plan accordingly. This means not only for manpower and equip-
ment but also an overall plan to complete the project. I don't believe it
is the City's'responsibility to see that the contractor can get sufficient
men or equipment to complete the project. We have sent numerous letters to
Mr. Thomason urging him to complete the project. The Council has met with
him on at least one occasion urging him to complete the project and he still
compiled a total of 248 penalty days.
I do rthink the City that we being indicated unreasonable
in b the in gto s you gfor you that we
last
Council meeting. This amount includes the last $728.00 of work which was
completed in February of this year.
s
E -Rick SV6hla
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DENTON CONSTRUCTfON COMPANY
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P. O. so % 1326
Demon, inn
April 9, l9so 70201
Mr. Greg Edwards
senior civil Engineer
City of Denton
Municipal 1313g.
Denton, Texas 76201
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Re: McCormick Street Drainage Iriprovements
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Dear Mr. Edwards,
When we started this project we worked 7 days a week, 12 hrs. a day.
lie used 3 machines, a 955 loader, a 450 loader and a 550 bulldozier,
which we rented. We received no thanks or credit from the City for
'This.
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Every time we got the creek dud out and shaped someone would flood it
with water. Then we would have to pump out the water and start all
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over again, which was added expense to us and the City wouldtnt do 1
anything abort it, r
We moved 1562 yds of dirt more than was called for in our contract y
$5.62 a yd for a total of $8,778.44 addition and Mr. Rick Svehla
said he would'nt pay its for it.
We hauled over 1200 yds to Denton State School, about 1500 y
Mr, e:e,nmetts place and leveled it up, and the remainder was puttout f
on the area around the project. We never iereivad paymer s.
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The project only called for us to move 13,070 yds of dirt fThenhwhen
we poured concrete they found out they only had half enough sq. yda. !
to do the ,job. I agreed.' to lou;: the remainding half for the same
price.
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We feel we have been very fair with the City, therefore Denton Const-
ruction Company feels that we should be treated fairly.
the job, according to plans and s ecificattuns, When we bid
it was foum of
$130,750.00. Jim ,Tones and Rick Svehla came to m
y officerandeasked me
to cut the price because it was out of the money alloted for the {
project, and said if I would that I wouldtnt have to movo any trees or
rubbish, out and backfill shoulders, move bushes or any thing like I 5
that. I agreed to cut the amount of contract to the sum of ¢82,181.50.
When I started the project Mr. k7onen had left the City for other emy.
ploymFnt and Rick Svehla made a completi turn around and made us do
strictly by the plans and specifications and we had to move all trees,
cut and backfill all shoulders, move the bushes end clean up all
rubbish, therefore we feel we are entitled to all our money, and more. ?
Cont.
i_ION1 AND HEAVY COMMERCE/`', CONStnvcrioN
DENTON CONSTRUCTION COMPANY
I FAk NK TNOWA.ON
.Kb?CC NI X61 J~ 36244
P. O. Dan 1$ tb
02.1t^ UNA&
J6 201
Page 2
I was at a City ccuncil meeting one night and there was a Contractor
there doing work on the Power Plant, he stated he was 2 years overdue
i on the contract, but the Council voted not to penalize him and to give
him a change order for over ^17,000.00. The contractor stated his
problem was material. and labor. He was an out-of-town contractor.
I stated we coul.d'nt get material and Lahor too, also the weather was
a problem, but we cot penalized. We used a great quantity of men as
they wouldInt work down in the ditch because of the intense heat.
We are a local fir.n in Denton and we and our employees live here. We
spend our money here and pay taxes. The out of town contractor didInt
live here, pay tares or spend his money here, yet he received no
penalty and you penalized us.
We feel we should be treated like anyone else,, and will not accept any.-
thing else. We ehould receive a total of approximately $30,000.00.
This includes $1).,348.99, balance of our contract, $8,778.44 for mov-
ing the extra dirt and a fair market price for the value of work we did 3
i this year. You stated it was only $728.64. This amount wouldInt even
pay for the materials a,:d labor, t
We do not feel we should be penalized for liquidated damages as the out
of town contrac!:.or was'nt penalized. We feel you should be as fair to
j the in town contractors and the out of town ones.
As for the Maintenance Bond for the project. It will cost over $500.00
to get. You stated in your letter dated March 3, 1980 that it was your p
recommendation that we only receive the small sum of $728.64 for our
final payment and keep the remainder for liquidated damages; then we
see no reason to furnish a Bond. If you will furnish us proof that we ;
will receive the entire amount due us, approximately $30,000.00, then
and only then, will.t!o be glad to furnish a Maintenance Bond.
We will never bid another project for the City of Denton because you
favor the out of town contractors instead of the home town ones. You
i i give us no choice.
Sinceroly,
,
Frank Thofnason
President
FT/mt
cc: Mayor, Hill Nash
Denton, Texas
Denton City Council
Denton, Texas
Liwir AND HEAVY COMMEn CIAL CONSMUMON
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CITY OF DENTON
MEMORANDUM
TO: G. Chris Hartung
FROM: Rick Svehla
t
DATE: April 96 1980
RE: Final Payment to Denton Construction for McCormick Street Drainage
Improvements
Denton Construction finally finished the McCormick Street Drainage protect in
February of this year. Contractor had accumulated a large amount of penalty
days mainly because of his inability to recruit workers. Staff recommends
that we retain $11,948,99 for the total project since the contractor has
indicated an unwillingness to obtain a maintenance bond and since his penalty
days have exceeded the amount of the retainage. The majority of the work has
I been in place for quite some time and since all the construction was inspected
! by City of Denton personnel, we feel that the City will not incur large
maintenance costs on the drainage structure that would normally be covered by
the maintenance bond. We have consulted the City Attorney's office and they 1
do not see any problem with this approach.
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Rick ve a
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37o1 D #Vi 0JV, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 ~ TELEPHONE(817)566.1
April 2, 1980
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Denton Construction Company
P.O. Box 1526
Denton, Texas 76201
Re: McCormick Street Drainage Improvements
I Dear Mr. Thomas: t
Enclosed are letters dated 21 February 1980 and 3 March 1980 from the s
City of Denton to Denton Construction Company. As of this date the
City of Denton has not received a maintenance bond or any statement
from Denton Construction Company on the staff recommendation for final
payment on this project. We have scheduled to present the final payment
on this project to the City Council on 15 April 1980. If we do not receive i
a Maintenance Bond by that date, tie will recommend to the City Council
that the entire amount of the retainage be held in lieu of liquidated 1
damagas. _
Sincerely, "
Greg Edwards
S:nior Civil Engineer }
GE:jd
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DEPARTMENT OF COr•tl!UNIir' CEYELOPI.IEN7
PROPOSAL
to
THE CITY OF DENTON, TEXAS
For the Construction of
DRAINAGE IMPROVEMENTS
near
McCORMICK STREET
in
DENTON, DENTON COUNTY, TEXAS
The undersigned, as bidd- declares that the only person or
parties interested in tF roposal as principals are those
named herein, that this 11 is made without collusion
with any other person, fi corporation; that he has care-
fully examined the form of )ntract, Notice to Bidders,
specifications and the plaris therein referred to, and has
carefully examined the locations, conditions, and classes
of materials of the proposed work; and agrees that he will
provide all the necessary labor, machinery, tools, apparatus,
and other items incidental to construction, and will do all
the work-and furnish all the materials called for in the con-
tract and specifications in the in nner prescribed therein
and according to the requirements of the Engineer as therein
( set forth. _
It is understood that the following quantities of work to be `
done at unit prices are approximate only, etnd are intended
principally to serve as a guide in evaluating bids.
It is agreed that the quantities of work to be done at unit }
prices and material to be furnished may be increased or
diminished as may be considered necessary, in the opinion
of the Engineer, to complete the work fully as planned and F'
r contemplated, and that all quantities of work whether in- t
creased or decreased are to be performed at the unit prices i
set forth below except as provided for in the specifications.
It is further agreed that lump sum prices may be increased
to cover additional work ordered by the Engineer, but not f
shown on the plans or required by the specifications, in
accordance with the go of the General Conditions,
Similarly, they may be decreased to cover deletion of work
so ordered.
It is understood and agreed that the work is to be completed
in full by July 1, 1978, i
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Accompanying this proposal is a certified or cashier's check
or Bid Bond, payable to the Owner, in the amount of five per-
cent of the total bid.
It is understood that the bid security accompanying this pro-
posal shall be returned to the bidder, unless in case of the
acceptance of the proposal, the bidder shall fail to execute
a contract and file a performance bond and a payment bond
within fifteen days after its acceptance, in which case the
bid security shall become the property of the Owner, and shall
be considered as payment for damages due to delay and other
inconveniences suffered by the Owner on account of such fail-
ure of the bidder. It is understood that the Owner reserves
the right to reject any and all bids.
The undersigned hereby proposes and agrees to perform all work
of whatever nature required, in strict accordance with the
plans and specifications, for the following sum or prices, to
wit:
------------------Bid----
Item Approx. Description w/Unit Prices Unit Extension
No. Quan. Written in Words Price Amount
1
I 120 1,370 Cubic c ChYards anneloExc Unclassi-
fied '
(Density Control) for
Five Dollars &
III -
1
sixty-two
e' Cents }
er Mic Yam-
.
! 421-A 28 Cubic Yards of Class A Con- 4
i crete (Box Culvert, Special s
Grate, and Connection at ;
the Service Road) for
Qno Hundred T irt&llars & }
i no
Ten Cents ($139.10)
~ er u c ar ~
i
421-B 1,775 Square Yards of Class B
Concrete (Channel Lining t
and Trasitions) for
• Dollars & s
Cents
E er quare ar~ic "r
1
Y'2 1
W
V ~
wrrrrrrrrrrrrrrrrrrrrwwrwrrwwr-rrrwrwrrrwrrwrrrrrrwwwrrrrrrwrrrrr-rr
Item Approx. rescription w/Unit Prices Unit - Bid
No. Quan. Written in Words Price Extension
Amount
440 3,600 Pounds of Reinforcing
Steel in Place for
NO _ Dollars &
h Thirty-four Cents
Per Found.
465 760 Lineal Feet of 48-inch
Reinforced Concrete Sewer
Pipe (Circular-Class ITI) J
for
Fifty-two Dollars &
Fifty-three Cents
For Lineal Foot.
470 2 Special Grate Inlets Excluding j
Grate for
Five Hundred ThirtppAprs & $535.00)
NO Cents
Per net.
S,P.-l 940 Cubic Yards of Compacted
Fill, in place, for
Three Dollars &
Savant five Cents f
{ or u fc '4ar` r :
S.P.-2 3 Steel Grate Sections, in
place,'for
Two Hundred, Fourteen--------Dollars &
NO • Cents
Per rate cut on.
P-3
~,.......<....ro....«yea....a+....w..w.,+wi.+w+•.W.wwwMW~a..YwavrHr.wawwaMAti6MA.UM.S[M'Y4Y?'Y{Yabe(~~~~~
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Item Approx. Description w/Unit Prices Unit . "-Bid----
No. Quan. Written in Words Price Extension
Amount
S.P.-3 1 Removal of Concrete Box
Culvert for
Two Thousand,One Hundred & Fourteen----- Dollars &
No Cents
ump• um.
TOTAL BID PRICE $M,000,00 _
TOTAL BID PRICE IN WORDS One Hundred & Thirty Thousand Dollars &
N0/100-------- - - -
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Bids will be formally opened at 2 p.m. on January.31, 1978
and the City Council will award the contract as soon there-
after as practical. The City of Denton, acting through the
Cityy Manager, will notify the successful bidder, in writing, {
'within at least thirty (30) days after the date of receiving j
bids, of its acceptance of his proposal. In the event of
the award of a contract to the undersigned, the undersigned
will furnish a performance bond and a payment bcnd for the
full amount of the contract, to secure proper compliance with
the terms and prov'sions of the contract, to insure and
guarantee the work until final completion and acceptance, and
to guarantee payment of all lawful claims for labor performed
and materials furnished inthe fulfillment'o£ the contract.
Execution of the required bonds and contract shall be completed
within fifteen (15) days.
It is understood that the work proposed to be done Phall be
accepted, when fully ccinpleted and finished in accordance with
the plans and specification, to the satisfaction of the E,gin-
eer.
The undersigned certifies that the bid prices contained in
I this proposal have been carefully checked and are submitted
as correct and final,
i Unit and lump-sum prices are shown in words and figures for each
item listed in this proposal, and in the event of a discrep-
ancy, it is understood that the words shall control.
r ~ I
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pent n Co ru tion Co
Contractor
R
i' Prariic- ~ Thomason
President
(Title) 816 E. Sycamore 5t. P.O. Box 1526
Street A reas
Seal & Authorization
of a Corporation)
Denton Texas 6201
`qty an State`)"
(817). 051
` ~$e_ep on~i" a iuu6er)
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TO: City Council
FROM: Jim Jones
DATE: February b, 1978
RE: Bids on MCCorrilck Street Drainage Project
Bids were requested for the drainage improvements in the area of
McCormick Street to be opened on January 31, 1978. A notice to
bidders was mailed to thirteen prospective contractors to advise
them of the project. Three contractors checked out plans and
indicated some interest in the project. At the bid opening, only
• one quotation was submitted for review and consideration, The
bid of the Denton Construction Company in the amount of $130,364.25
was received. This bid was compared to the engineers estimate of
cost at $80,000 and an obvious error was noted in one bid item.
All other bid items appeared to be reasonable and correct quota-
tions, The contractor was notified of the apparent hid error and
he submitted a letter revising his quotation for 4" channel lining
from a $39.59 per square yard bid to an estimate of $12.65. This
bid amendment would reduce the total price by $47,818.50 and the
new bid would be $82,545.75. This quotation appears to be'a reason-
able bid and the staff recommends acceptance as the lowest and bast
bid receeved.
Copies or the original bid and the letter of amendment are attached
f
approved the or your review. The City Attorney has reviewed the bid and has.
attorney willaboravailabie basis scomof the ment on amended quotation, aaspects The
the
award at the Council meeting.
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"~Tli,fl~.yr.
DENTON CONSTRUCTION COMPANY
FRANK TMONAsoe
.14160947 3 February 1978 I`I I' k 1526
P.O. BaNti
Anson, Takf
nto~
Mr. Jim Jones
Director of Community Development
City of Denton
Denton, Texas 76201
Dear Sirt
Due to a mis-caculation we wish to modify our bid for the McCormick
SLreet Drainage Improvements project that was bid on Jauary'31 1 8
The item that ve wish to modify ~s _
ite
P Concrete (Channel Lining andTresitions). We,would5likeeto changeoourlass
unit price from $39.59 to read $12.65.
Ve regret that this mis-caculation vas made and hope that we will be
able to work with you on this project. Do not hesitate to call us if there
are any questions.
1`` E
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Sincerely$
I
F'rahk ,omas`on, President
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Lo*HY ANC HCAVV COMMENCIAL CONSTRUCTION
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clrrofA.CNr0A1 rE1:A$ MUNICIPAL BUILDING/ DENTON, TEXAS 16201 / TELEPHONE (817)382-9601
December 20, 1978
Mr. Frank Thomason
Denton Construction Company
P. 0. Box 1526
Denton, Texas 76201
Dear Frank;
Re: McCormick Street Drainage Improvements
The City Council approved Change Order Number One (1 and Two (2)
to the McCormick Street Drainage Project at the regular meeting
► last night. As you remember, these change orders included an .
• additional 1250 square yards of rip rap, a retaining wall and an
additional 75 working days to the contract. We will bg forwarding
the wall ditail to you this week.
If you have any questions, please call.
Sincerely,
William Mack Parker [IT
Civil Engineer
WMP/krs
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DEPARTMENT O>= COMMUNITY EVELOPMENT
A
7,4
December 19, 1978 Continued
13• The Council considered change order number one and two to the McCormick
Street drainage project with Denton Construction Company,
error in ca
Rick lculationaforathe Rip-Rap onrofwthe settlementthrough an
ing wall, The construction cost for Rip-Rap would be approximate) fora retain-
for the retaining wall and fence, approximately $2,900, The funds will~comme and
from the Capital Improvements Bond Funds. It is also requested that an additional
75 working days be added to the contract,
order number tone and chmade angeyoriderhnumberetwo as recommended, aMot Ve change I
ion carried,
14, ORDINANCES;
(A) Ordinance No. 78-77
AN ORDINANCE AUTHORIZING THE DIRECTOR OF ENGINEERING
ARILY PROHIBIT OR RESTRICT PARKING ON CITY STREETS ANDTHOROUGHFARES;TPROVIDIING•
N
A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. the passed, On Motiocaln Hug"e" °eye~,dGayhcea be"
and Mitchell aye . Motion carried, y
(8) Ordinance No, 78-78 (Oak I,idge Cor,pany)
AN ORDINANCE AMENDING THE ZONING MAP OF TPE CITY OF DENTON, TEXAS, AS ( ADOPTED AS AN APPENDIX TO THE COOE OF ORDINANCES OF ' s Tt WAS'
BY ORDINANCE NO, 69.11 AND AS SAID MAP APPLIES TO .6 THE AND 19Y9 ACRESTOFLANDAOUT
OF LOT 61 BLOCK 285, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF
{ DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN
TIVE DATE, i AND DECLARING AN EFFEC-
? Motion was made by Gay, seconded by Nash that the Ordinance be
passed, on roll tali vote Hughes "aye", Stewart "aye", Nash "aye", Gay "ae"
and Mitchell "aye", Motion carried,
15,
The Council considered tax adjustments for the month of November, 1978, ~
Motion was made by Nash, seconded by Hughes that the tax ad ustments ?
be approved. The motion was then withdrawn by Nash and Hughes after council r
Member Stewart stated that he saw names of a lot of people that could be contacted,
Motion was then made by Stewart, seconded by Nash to table the matter,
Motion carried,
160 The Council considered bid #8582, for restrooms and concession stands
at various City parks,
Motion was made by Stewart, seconded by Hughes that all bids be rejected,
Motion carried,
17, CONSENT AGENDA:
approved asofollowss mMotioade by ciarrrie~i,!e`onded by Gay that the Consent Agenda, be
(A) REFERRALS: