HomeMy WebLinkAbout1985-07-01 Special Called Meeting
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MINUTES
OF THE
SPECIAL CALLED MEETING OF LA PORTE CITY COUNCIL
JULY 1, 1985
1. The meeting was called to order at 8:39 P.M. by Mayor Pro Tem
Matuszak.
Members of Citv Council Present: Mayor Pro Tem Ed Matuszak,
Councilpersons Delbert Walker, John Lloyd, Betty Ldaters,
Lindsay Pfeiffer, Deotis Gay, B. Don Skelton, Linda Westergren
Members of City Cou~il Absent: Mayor Norman Malone
Members of City Staff Present: City Manager Jack Owen, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager Richard Hare, Director of Public Works Jerry
Hodge, Police Lt. Robert Hall
Others Present: Larry Gaines, Turner Collie & Braden; Paul
Rushing; Pam Smith, Bayshore Sun; 6 citizens
2. The item to consider medical benefits for retirees and spouses
benefits was removed from the agenda. It had been tabled from
the meeting of June 24 by Councilperson Lloyd; since he had
not requested that it be put back on the agenda he did not
wish it to be considered at this time.
3. Council considered approving a contract with Turner Collie &
Braden for Phase II airport improvements.
Motion was made by Councilperson S~Celton to a
contract with Turner Collie & Braden or engi
for Phase II airport improvements. Second by
Westergren. The motion carried, 8 ayes and 0
Ayes: Councilpersons Walker, Lloyd, Waters,
Skelton, Westergren and Mayor Pro Tem
Nays: None
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pprove the
veering services
Councilperson
nays.
Pfeiffer, Gay,
Matuszak
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Minutes, Special Meeting, La Porte City Council
July 1, 1985, Page 2
4. Council considered emergency purchase of a garbage truck.
Motion was made by Councilperson Walker to cancel the contract
on the original garbage truck and accept staff's
recommendation and Durchase a comparable truck from World Wide
Trucks, Inc., at a price of $104,000. Second by Councilperson
Lloyd. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Walker, Lloyd, Waters, Pfeiffer, Gay,
Skelton, Westergren and Mayor Pro Tem Matuszak
Nays: None
5. Council considered the addendum item: discuss and consider
ratifying Bayport Aviation lease.
Motion was made by Councilperson Waters to ratify the lease
with Bavport Aviation. Second by Councilperson Skelton. The
motion carried, 8 ayes and 0 nays.
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Ayes: Councilpersons Walker, Lloyd, Waters, Pfeiffer, Gay,
Skelton, Westergren and Mayor Pro Tem Matuszak
Nays: None
6. There being no further business to come before the Council,
the meeting was duly adjourned at 8:51 P.M.
Respectfully submitted:
Cherie Black, City Secretary
Passed & Approved this the
8th day of July, 1985
~~~ "~rs~~~ ~'
N rman Malone, Mayor
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~: CITY MANAGER FROM: ~ DATE: June 26,. 1985
• . .. PUBLIC WORKS
REQUEST FOR CITY COUNCIL~AGENDA ITEM 2. X Report
1. Agenda Date Requested: July ~, 1975 _ Resolution
Ordinance
3. Project Summary:
Previously bid front load truck was seriously damaged i.n. delivery.
Successful bidder has indicated that he cannot deliver. Similar
truck is available for immediate delivery.
~+. Action Required:
Void contract with Industrial Disposal Supply, and authorize staff to
negotiate purchase of truck for immediate delivery.
5 .. A3t~ernat ive
1. Advise I.D.S. to re-order truck - 150 to, 180 day .delivery.
2. Rebid - 30 - 45 days to bid, unknown delivery time.
3. Do not buy .truck.
6. Recommendati•gn
Void contract with I.D.S., and authorize emergency purchase of
available truck.
7. Exhibits:
Attached.
8. Availability of Funds: General Fund Water/Wastewater
X Capital Improvmt. General Revenue Sharing
Other
Account Number: 0~5-700-703-853
Funds Available: X l'es Nb
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9.
Manager
ty Council Agenda
Director of Public Works
Date
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CITY OF LA PORTE
MEMORANDUM
TO: Jack Owen..,---pity Ma
DATE: 6-26-85
FROM: Jerry Hodg; .,?D.~fe.dtn ~' f ~:P blic H'orks
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SUBJECT: Seal~;~ ~~ f ~- Load Container Truck
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The City awarded .a bid for the furnishing of a front-load
container truck to Industrial Disposal Supply Company in the
amount of $112,335.00, to be delivered by July 20, 1985. During
delivery from the factory in Ohio, the unit was involved in an
accident, making delivery impossible due to severe damage to the
truck.
Industrial Disposal Supply has stated that they are unable
to perform by July 20, 1985. The need for the unit is magnified
by the equipment problems experienced with the truck presently in
service, necessitating the use of trash crews and equipment to
collect commercial garbage.
Tre City has located a similar vehicle, available for
immediate delivery, at a cost below origional bid price. It is
requested that the contract with Industrial Disposal Supply be
cancelled, and authorization given to obtain emergency permission
from Council to purchase an available unit on the open market that
is close to the City of La Porte specifications.
If you should have any question, please advise.
JH/nb
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INTER-OFFICE MEMORANDUM
JUNE 24, 1985
T0: J. Hodge - Director of Pub
FROM: J. Ray - Purchasing Agents ;,~
SUBJECT: Purchase Order 4P0348 - F/ (Loader w/Cab & Chassis
In accordance with the attached letter received from Industrial Disposal
Supply Company concerning the damage of the aforementioned unit in transit to
the City of La Porte, I obtained a thorough legal review of the documents per-
taining to this procurement. It is the Assistant City Attorney's opinion that
the vendor in question is excused from his contractual obligation by the stated
"force majeure" clause and that no damages may be assessed concerning this ven-
dors lack of performance.
The Public Works Department may pursue the following remedies in light of
this occurrence; (1) negotiate a new delivery period with I.D.S. for the supply
of a conforming front loader, or (2) cancel the contract with I.D.S. and ob-
tain emergency permission from La Porte City Council to purchase an available
unit on the open market that meets City of La Porte specifications.
Should the second option be chosen, please use attached information for
supporting material on City Council Agenda Request Form.
Attachments: Copy Sealed Bid 40060 - I.D.S.
Copy of P.O. 4E0348
Copy of Terms and Conditions - Paragraph 4416
Copy of I.D.S. letter dated 6/17/85
cc: R. Hare, Asst. City Manager
S. Gillett, Asst. Director of Public Works
S. Hubbard, Sanitation Superintendent
J. Armstrong, Asst. City Attorney
JR/mb
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INDUSTRIAL DLSPOSAL SUPPLY COMPANY
P.O. BOX 8175 • SAN ANTONIO, TEXAS 78208 • 512/22?-3441
June 17, 1985
Purchasing Agent
City of LaPorte
P. 0. Box 1115
LaPorte, Texas 77571
Gentlemen:
Re: Purchase Order #0348
As you have previously been advised, the E-Z Pack FLD-35 mounted on
a Crane Carrier chassis was severely damaged in an unfortunate ac-
cident near Findlay, Ohio, as that piece of equipment was in transit
to you in fulfillment of our purchase order agreement. That pur-
chase order, at paragraph 16, excuses performance when force majeure
has occurred. That paragraph further defines force majeure to in-
clude "breakage or accidents to machinery or other causes not
reasonably within the control of the party claiming such inability."
We believe that force majeure, within the meaning of paragraph 16,
has occurred as a result of this accident. This letter~is to give
you reasonable written notification that performance of the purchase
order has been rendered impossible because of the occurrence of this
accident.
Additionally, because the loss to the equipment identified in the
purchase order is for all practical purposes total, performance is
excused by virtue of Section 2.613(a) of the Uniform Commercial Code.
It appears that the seriously damaged equipment may be reparable,
although this will necessarily take some weeks to accomplish. It
may be possible for us to re-order a replacement for this damaged
equipment, but a considerable delay will be encountered in remanu-
facturing this special equipment. The delays will necessarily en-
tail some modification of the delivery terms of our agreement;
because of the uniqueness of the equipment, however, you may elect
to proceed with a replacement, and in the event that you do so,
please notify us at your earliest convenience in order that all de-
lays may be minimized insofar as possible.
Sincerely,
INDUST IAL DISPOSAL SUPPLY CO.
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B. E. HICKMAN
BEH:jp President
MEMBER: National Solid Waste Management Association • Institute of Waste Equipment Distributors
Detachable Container Association • American Public Works Association
Governmental Reuse Collection and Disposal Association • National Contract Sweeper Association
Institute of Scrap Iron and Steel • National Association o[ Wholesaler-Distributors
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June 26, 1985
City of La Porte
P. O. Box 1115
La Porte, Texas 77571
ATTN: Mr. Jerry Hodge
Director of Public Works
Dear Mr. Hodge,
We have submitted to the City of La Porte specifications
on a Crane Carrier cab and chasis, Model LET, Serial number
0 34050 and also a Dumpster C & O Halfpack front loader refuse
body, Model EC8042, Serial number 23PP1018884. The above body
is currently mounted on the Crane Carrier referred to.
The truck is in current inventory and included with air
conditioning and a fire suppressant system is priced at $104,000.00
F.O.B. City of La Porte, Texas.
Delivery with the above addition will take approximately 6 to
7 working days from receipt of written order from the City of La
Porte.
Included in the price of this unit are the following warranties:
Engine: Cummins PT240, 3 year, 300,000 miles, 100 parts and
labor.
Transmission: Allison Automatic HT754CR, 30 months, 150,000
miles, 100$ parts and labor.
Rear Axle: Rockwell SSHD, 3 years, 400,000 miles, 100$ parts
and labor.
Cab: Crane Carrier, 5 year, 100 parts and labor
Frame: Crane Carrier, 5 year, 100 parts and labor
Body: Dumpster C & O, 1 year, 100 parts and labor
The above warranties are complete and follow all the terms and
conditions of the standard warranty policy.
Please consider this proposal for your current requirements
for the ~iurchase of a new front loader refuse truck.
Cord~ra.lly, J ii
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Fank`Green, Vice President ~
WORLD WIDE TRUCKS, INC.
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~~ CITY MANAGER FROM: DATB: •
• • • PUBLIC WORKS June 26, 1985
REQUEST FOR CITY COUNCIL~AGENDA ITEM
1. Agenda Date Requested• July 1, 1985
J
• Ordinance
3. Project Summary:
The FAA is requiring plans and specification for the second phase
construction improvements at the Airport to be submitted with estimated coy
on July 1, 1985. Before this can take place we need to approve an
Engineering Agreement with Turner Collie & Braden for the design. This
agreement will be presented to you at the workshop on July 1, 1985.
k. Action Required: •
Review and approve Engineering Agreement with Turner Collie & Braden, Inc.
5.. Alternative:
If we do not meet the dates as required by the FAA, we could lose the
grant this fiscal year.
6. Recommendati•gn
Approve Engineering Agreement.
7. Exhibits:
Schedule of Project Development
Turner Collie & Braden, Inc. will be present to discuss proposal.
8. Availability of Funds: General Fund Water/Waste rater
Capital Improvmt. X General Revenue Sharing
Other
Account Number:
Funds A
stei~/By
2• X Report
Resolution
e: X Yes No
Director of Public Work
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9• ppr ved for ty Council Agenda
G ~ l~~' ~~ ~ ~ ~
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~ Y Manager Date
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CITY OF ~A
PHONE (713) 471.5020 • P. O. BOX 1115
MEPIORANDUI~
T0: Mayor Malone and Councilpersons
FROM: Jack Owe u,r~v
SUBJECT: Engineer,~g Contract
DATE: June 27, 1985
FORTE
• LA FORTE, TEXAS 77571
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As you will see from the attached schedule, the FAA has
established a tight time frame for us to receive~a grant
offer on Phase II of airport improvements. This project is
a continuation of Phase I with the additici of certain other
improvements. The project is for a Federal grant of
$500,000.00 and includes the following:
Expand southwest apron; acquire lard (±8.75 acres) for
clear zones; install perimeter fence (±7,000 feet);
install medium intensity runway lights for Runways 12-30
and 4-22 and medium intensity taxiway lights on parallel
and associated taxiways.
Contract negotiations with Turner Collie & Braden will be
completed before Monday night and if at all possible, we
will get a copy to you prior to the meeting.
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Atta~hmcnt
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SCHEDULE OF PROJECT DEVELOPMENT'
Airport: La Porte Munici al
Location: La Porte, Texas '*
AIP Project No, 3-48-0127-03 ~~
Item
e. Selection of sponsor's engineer.
Date
(1) Submission of engineering proposal.........,, 6 /28/85
(2) Submission of Procurement Certification......
(Per OMB Circular A-102, Attachment 0)
(3) Submission of Executed Engineering
Agreement ...................................
b. Designation of sponsor's auditor .................
c. Submission of preliminary plans .................. 7/ 22/8 5
d. Predesign conference ............................. 7/ 22/85
e. Submission of final plans and specifications,
cost estimate, 8c engineer's report .............. 9/ 1/85
f. Advertising for bids ............................. 9/ 16/8 5
g. Bid opening ...................................... 10 /9/8 5
h. Submission of tabulation of bids and
recommendation for award ........................ 10 / 16/ 85
i. Submission of Application for Federal
Assistance (SF-424 & FAA Fm, 5100-100).......... 9/ 1/8 5
j. Issuance of grant offer,,,,,,,,,,,,,,,,,,,,,,,,,, 9-15-85
*Allow two (2) weeks frog receipt of documentation by FAA for reply
in establishing your schedule.
HOU-ADO
Rev. 1-84