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Home My WebLink About1984-04-11 Special Called MeetingI • MINUTES OF THE SPECIAL CALLED MEETING LA PORTE CITY COUNCIL APRIL 11, 1984 1. The special called meeting of the La Porte City Council was called to order by Mayor Cline at 6:00 P.M. Members of City Council Present: Mayor .Virginia Cline, Councilpersons Kevin Graves, Lindsay Pfeiffer, Deotis Gay, B. Don Skelton, Linda Westergren, Norman Malone, John Longley, Ed Matuszak Members of City Council Absent: None Members of City Staff Present: City Manager Jack Owen, City Attorney Knox Askins, Assistant City Secretary Laura Hall, Assistant City Attorney John Armstrong, Director of Adminis- trative Services Bob Herrera, Police Chief Herb Freeman, Fire • Chief Joe Sease Others Present: Mrs. Lindsay Pfeiffer, John Albanese, Charlie Perry, Mike Martinez, Robert Head, Dennis Dunham, Mark Hill, Neil Bishop 2. The Mayor read the election returns and passed them to Council. City Attorney Askins read: AN ORDINANCE.DECLARING THE RESULTS OF THE REGULAR ELECTION HELD IN THE CITY OF LA PORTE ON APRIL 7., 1984, FOR THE ELECTION OF COUNCILPERSON DISTRICT 1, COUNCILPERSON DISTRTCT~6, AND COUNCILPERSON AT LARGE POSITION B Motion was made by Councilperson Skelton to adopt Ordinance 1404 as read by the Citv Attorney. Second by Councilperson Gay. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Graves, Pfeiffer, Gay, Skelton, Wester- gren, Malone, Longley, Matuszak and Mayor Cline Nays: None 3. Judge J. B. Williamson gave the oath of office to Norman Malone, Councilperson District 1, Linda Westergren, Council- person District 6, and Lindsay Pfeiffer, Councilperson at Large Position B, after which they took their places at the • Council table. • Minutes, Special Called Meeting La Porte City Council April 11, 1984, Page 2 • Councilperson Malone thanked the people for their interest in the City, and wishes there were more interest. Feels the citizens and Council can pull together to make this a better city, which won't take a lot because he thinks a lot of this city and it's good now. Councilperson Westergren thanked the people who participated in the election. Thinks it shows a concientious effort to protect our system, and that's very important to us. She feels we have a chance .to move ahead and .do some positive things in this community. It is a good community and she thinks it will continue to be so. • Councilperson Pfeiffer agreed with what they both said. He looks forward to working with the City for the~next three years. We've .got some good. programs going and he'd like to see them completed.. Would like ~to see the City set on a course of policy that will continue to help it grow with good fiscal responsibility and give~the citizens the best they can. Councilperson Skelton stated he was happy to see his three colleagues join us again for another three years. It's a good indication people want to see what we've started con- tinue, and he's happy to have them back with us. Councilperson Gay commented that B. Don .said what he was planning on saying. 4. The emergency addendum was then read by Mayor Cline, pertaining to the rebidding of the cleaning, television inspection and point repairs for portions of the sanitary sewer rehabilitation project. City Attorney Askins stated that a letter of protest had been received (a part of these official minutes) from Wickwire, Gavin & Gibbs, attorneys for Jesse~Lovelace Construction Co. Sears & Burns, counsel for the City, is asking for Council approval to reply to the letter of protest. Motion was made by' Councilperson Wies~tergren that Council authorize Sears & Burns to repl to the letter of protest from Wickwire, Gavin & Gibbs. Second by Counci person Matuszak. The motion carried, 9 ayes, 0 nays. • ~ ~ • Minutes, Special Called Meeting La Porte City Council April 11, 1984, Page 3 Ayes: Councilpersons Graves, Pfeiffer, Gay., Skelton, Wester- gren, Malone, Longley, Matuszak and Mayor Cline Nays: None 5. There being no further business, the special called meeting was adjourned. Respectfully submitted: Laura Hall Assistant Ci.~y Secretary Passed &. Approved this the 2n day of May, 1984 ~~? Vi inia Cline • Mayor • • • • ORDINANCE NO. 1404 AN ORDINANCE DECLARING THE RESULTS OF THE REGULAR ELECTION HELD IN THE CITY OF LA PORTE ON APRIL 7, 1983, FOR THE ELECTION OF A COUNCILPERSON--DISTRICT 1; COUNCILPERSON--DISTRICT 6; AND COUNCILPERSON-AT-LARGE--POSITION B. WHEREAS, there was held in the City of La Porte, on the 7th day of April, 1984, an election for the purpose of elect- ing a Councilperson--District 1; Councilperson--District 6; and Councilperson-at-Large--Position B; in accordance with Section 8.10 of the Home Rule Charter of the City of La Porte. WHEREAS, there were cast at said election for the follow- • ing listed persons the number of votes opposite their respect- ive names: COUNCILPERSON--DISTRICT 1: Norman Malone 58 COUNCILPERSON--DISTRICT 6: Linda Westergren 203 E. G. "Jerry" Clarke 144 COUNCILPERSON-AT-LARGE--POSITION B: Lindsay Pfeiffer 807 • as shown in the official election returns heretofore delivered by the Election Judge and officials to the Mayor and City Council of the City of La Porte and submitted to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That said election was duly called and notice thereof given in~ accordance with law; that said election was • held in the manner required by law; that due returns of said election have been made by the proper officers; that said re- • • • Ordinance No. 1404 Page 2. turns have been canvassed by the City Council of the City of La Porte; that said election has resulted in the election of the following named persons, to-wit: COUNCILPERSON--DISTRICT 1: Norman Malone • COUNCILPERSON--DISTRICT 6: Linda Westergren COUNCILPERSON-AT-LARGE--POSITION A: Lindsay Pfeiffer Section 2. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this • meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall take effect and be in force from and after its passage and apprbval, and it is so • Ordered. • Ordinance No. 1404 Page 3. • PASSED AND APPROVED, this the 11th day of April, 1984. CITY OF LA PORTE BY , . .r~C'i . Vi inia Cline, Mayor • ATTEST: Cherie Black, City Secretary APPROVED: C~v ' Knox W. Askins, City Attorney • • • wICKWII4E, CiAVIN 8c GIBBS, P.C. • ATTORNEYS AT LAW BENEFICIAL LIFE TOWER SUITE 400 SUITE 905 IBIS L STREET. N.W., SUITE 700 36 SOUTH STATE STREET WASHINGTON. O. C. 20039 8230 BOONE BOULEVARD - SALT LAKE CITY. uTAH 96111 202.9973200 901-335.5T13 VIENNA, VIRGINIA 22180 SUITE 209 (WICRwIRE, GavIx & Glass) 703-790-8750 152 WEST JOHNSON STREET P. O. BOX 1993 CABLE ADDRESS ONE CENTURY PLAtA, SUITE x290 MADISON, WISCONSIN 53701.1993 W I REGG 2025 CENTURY MRK EAST 909.257.5335 LOS ANGELES. CALIFORNIA 50067 WASHINGTON, D.C. z13.55z•751o April 9, 1984 FEDERAL EXPRESS Honorable Virginia Cline City Hall 604 FJest Fairmont Parkway LaPorte, Texas 77571 Re: Jesse Lovelace Construction Company • City of LaPorte Sanitary Sewer Rehabilitation Job No. 26-00021-030 Contract No. 2 Dear Mayor Cline: This is in reply to the letter dated April 2, 1984, from C. Charles Dippel, Esquire to Robert L. Lipstet, Esquire, which enclosed a copy of contract documents and technical specifica- tions dated March 1984 for cleaning, television inspection and point repairs for portions of the sanitary sewer collection system, City of LaPorte. The work covered by these contract documents appears to include point repair only to the extent necessary to accomplish televising and cleaning. There is no provision for slip lining or replacement. If this understanding of the scope of the work is incorrect, please advise immediately, as we would protest any modification of the present contract to broaden its scope to include construction work as such. The work covered by these bid documents is completely different from the manner in. which the original contract was conducted. Jesse Lovelace Construction.Company has maintained that cleaning and televising, as contemplated by the present • contract papers, should have been conducted initially. ~J wICKWIRE, GAVIN & GIB, P.C. Page 2 • Because the scope of the present contract for televising and cleaning sewer lines is beyond the scope of work previously specified, and because ycu have not announced any intention to charge Mr. Lovelace with the cost of televising and cleaning under the contemplated contract, we assume that it is not the intention of the City to do so. Please advise immediately if this assumption i~ mistaken. In any 'case, we would invite your attention to two aspects of the proposed contract that are objectionable as in violation of EPA regulations: 1. Special Provision No. 1 to Section VII, appears to be inconsistent with 40 CFR 35.938-5(b)(1)(i) which provides for negotiation of new unit price when changes and quantities exceed fifteen percent of the original bid quantity and the total dollar change of that bid item is significant. • 2. General Condition 16 "EXTRA WORK", Section VII, page 4/17 provides that extra work will be compensated by one of three methods: (a) agreed unit prices; (b) agreed lump sum; or (c) if neither method (a) nor (b) is agreed upon, the contractor will be paid "actual field cost" plus fifteen percent. 40 CFR 35.938-5(b) provides for compensation for changes by one of three methods, whichever "is most advantageous to the grantee". These are (1) unit prices, (2) negotiated lump sum, or (3) cost reimbursement. The contemplated contract vrould appear to permit the contractor to convert change order work automatically to cost plus fifteen percent by rot agreeing on either unit price or lump sum method. We reserve the right to raise additional matters as may be warranted by the bidding on the proposed contract. Please address any further matters directly to the under- signed. Sincerely, JSP:kcg cc: C. Charles Dippel, Esq. Ronnie Patrick, P.E. Mr. Jesse Lovelace Joseph M. Zorc, Esq. WICKWIRE, GAVIN & GIBBS, P.C. Jo S. Pachter At orneys for Jesse Lovelace Construction Company, Irc. (Fed . Exp . )