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HomeMy WebLinkAbout1985-07-01 Special Called Meeting ~ • • 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 • pprove the veering services Councilperson nays. Pfeiffer, Gay, Matuszak I r: ~ ~ 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. • 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 • s ~.~ ~~ ~: 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 . , H dge .e' gy 9. Manager ty Council Agenda Director of Public Works Date ~~' `~ 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 . `` " y SUBJECT: Seal~;~ ~~ f ~- Load Container Truck ~f , r` 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 ca • • ~.~ ~r~ I ' 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 ~~ I~ • r- r~ 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. a / 1 ((~jni / 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 • • ~~ ~" 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 ~ ~'' ~'; /y~~ ~ . ~ •'', Fank`Green, Vice President ~ WORLD WIDE TRUCKS, INC. • • ~~ ~, ~~ 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 ~i 9• ppr ved for ty Council Agenda G ~ l~~' ~~ ~ ~ ~ f - ~ 7 ~-~. ~ Y Manager Date • • 6, ~~ 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 . ,. 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. % g.J Atta~hmcnt • .. • P- __ ~e 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