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1978 11 09 CC Minutes81109 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 9, 1978 The City Council fo the City of Baytown, Texas, met in regular session, Thursday, November 9, 1978, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: *Jody Lander Jimmy Johnson Ted Kloesel Mary E. Wilbanks Eileen Caffey *Allen Cannon Emmett 0. Hutto Fritz Lanham Dan Savage Scott Bounds Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilwoman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Mayor Hutto called the meeting to order and the invocation was offered by Councilwoman Wilbanks. Minutes Councilman Kloesel minutes of the regular ratification of actions listed on the agenda of seconded the motion. Receive Petitions moved for the approval of the meeting of October 26, 1978, and taken concerning each of the matters said meeting; Councilwoman Wilbanks The Administration received a petition from approximately 30 persons residing on Oak Street requesting that the City place speed bumps or something to slow the traffic down on Oak Street from Riggs to West Main. The Administration suggested that the petition be referred to the Council's Traffic Committee. Councilman Kloesel moved to accept the petition and refer the petition to the Council's Traffic Committee; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Johnson, Kloesel, Wilbanks, and Caffey Mayor Hutto Nays: None *Councilman Allen Cannon present. City Manager's Report Work Session Regarding Houston Lighting and Power Company's Request for Rate Increase - At the work session regarding the H L & P request for rate increase, the Administration indicated a desire for guidance from Council. The next meeting is on November 21 rather than November 23. The Administration should have a decision from the Public Utilities Commission by that time. Scott Bounds, City Attorney, felt that a decision should be made by November 19, 1978. If Council desires, the Administration can prepare an ordinance in blank form to be considered at the meeting on November 21, which is one day past the deadline for making a decision. Conceivably, H L & P could start charging the new rates and put up a bond for one day. *Councilman Jody Lander present. 81109 -2 Minutes of the Regular Meeting - November 9, 1978 Councilman Kloesel commented that it might be advisable for Council to hold a special meeting prior to that date. Mr. Bounds explained that Houston Lighting and Power had indicated that the new rates would not be instituted prior to December 1. Accepting that, Council would not need to act prior to November 21. The first day that H L & P could enact rates under bond would be November 20 and since Council's next meeting is November 21, their rates could only go into effect for one day before Council would be able to change them. For those reasons, fir. Bounds did not feel that there is a great need for Council to take any action before it has an opportunity to learn what action was taken by the PUC. Council had no objection to the Administration preparing an ordinance and placing it on the next agenda. Department of Housing and Urban Development - The Administration has received a letter from the Department of Housing and Urban Development advising the City that Baytown will become an entitlement recipient of Community Development Block Grant funds beginning with the year 1979. The preliminary target figure for 1979 is $613,000 and for 1980 the figure is $652,000. These amounts can be used in the development of Baytown's application including information to the public, citizen participation meetings and selection of activities. A HUD representative visited Baytown and looked over the target areas. He informed the Administration that certain requirements must be met in order for Baytown to participate in this program. One requirement is that Baytown must have the application in to HUD by April 30, 1979. There will be a number of actions that Council must take before that time. One of the first things that the Administration will do in preparation is to develop a schedule of when various actions must be taken. The Administration will be reporting from time to time to Council. Mayor Hutto inquired what requirements must be met in order to secure these funds? Mr. Lanham explained that a fair housing ordinance is a requirement and an affirmative action plan is required - -the City already has an affirmative action plan. HUD is emphasizing that these funds must be spent in the low income areas on meaningful projects. Councilman Kloesel requested that the Administration arrange a work session to brief Council, and asked within what time frame could this be accomplished. Mr. Lanham responded that the work session could be held in the next 30 to 45 days. The process does require a number of public meetings because this is a program where citizen participation is required. Pumps in the Brownwood Area - The pumps in the Brownwood area, which are located along the perimeter road, are being operated manually due to the unreliability of the electrical controls. The Administration would like to replace these with new automatic control switches. The estimated cost is $2,250. The Administration would like to advertise for bids and bring this back to Council. Council had no objections. American Automobile Association - The Administration has been advised by the AAA that inasmuch as Baytown had no pedestrians killed during the year 1977, Baytown has been awarded the Pedestrian Safety Citation. Senior Citizen Olympics - The Senior Citizens Olympics were held last Wednesday, Thursday, and Friday with approximately 150 people participating. It was co- sponsored by the Parks and Recreation Department, Lee College, and Commissioner Jim Fonteno's office. Mr. Lanham commented that he felt this is something the City should participate in every year. Baytown Cultural and Fine Arts Study Committee - Council appointed a citizens committee during a discussion concerning the hotel /motel tax for Baytown. That committee had their organizational meeting today and Bill McNeill was elected chairman. 81109 -3 Minutes of the Regular Meeting - November 9, 1978 Mayor Hutto commented that he did not recall in the motion to form this committee that it would have anything to do with the hotel /motel tax, and felt that this point should be cleared up. Councilwoman Wilbanks concurred and stated that she had conveyed to the committee that this was to be a group to look at the cultural activities in Baytown which would function as a forum for communication between these groups and Council to gain support in their efforts. She further explained that she did not see it directly tied to the hotel /motel tax and that she had indicated that at the meeting. Mayor Hutto stated that he is for the advancement of culture but is emphatically committed against any additional taxes. Assessment Hearings - At the next Council meeting, a hearing on benefits for the three assessment paving projects has been scheduled. Sliplining - Four hundred and sixty feet of 5 -inch liner has been pulled from Vermont to Kentucky between Florida and Mississippi. Street Improvement - Brown and Root has placed the limestone on James Bowie Drive and all of the base has been cement stabilized. Asphalt is expected to be available to begin surfacing the streets next week. A number of streets are ready to be asphalted. Neighborhood Center - The contractor is doing the inside finish work and the project is approximately 657o complete. Jenkins - Hollaway Park - The project is approximately 850c complete. The work remaining to be done is fencing of ballfields and asphalt surfacing of the trails and the area around the concession building. This project should be completed in 2 to 3 weeks. Harris County Mayors' and Councilmen's Association - Council has received a copy of the notice of the Harris County Mayors' and Councilmen's Association meeting. The Administration will be checking with Council to determine if Council members will attend. Questions or Comments Regarding the City Manager's Report Councilman Kloesel inquired about the status of the Police radio repair facilities. Norman Dykes, City Engineer, explained that the contractor has ordered the building. Councilman Kloesel reiterated what he had said at the last meeting concerning the Police radio repair facilities, and added that since the building had been ordered, this presented an obstacle, but he would like to either place this matter on the next agenda or take emergency action. Councilman Johnson stated that he had voted on this matter without being fully informed. If time permitted, he would be willing to reconsider the matter, but since the building has been ordered, he felt this changed the entire situation. Therefore, he did not wish to pursue the matter further. Councilman Cannon inquired if the traffic signals on Highway 146 have been tied into this new system. Bill Cornelius, Director of Planning and Traffic, responded that the new controllers have not yet been received. Mr. Lanham 81109 -4 Minutes of the Regular Meeting - November 9, 1978 explained that the contractor is doing all that he possibly can with the materials that he has received. Councilman Kloesel commented that he would like an item placed on the next agenda in regard to the letter submitted by the Administration to the federal funding agency on the Selective Traffic Enforcement Program and the evaluation of the program for the year 1978. Councilman Kloesel also asked that an item be placed on the agenda relating to the City Charter. Specifically, what he is interested in is the cost of publishing a large volume of City Charters to mail to each taxpayer. Consider Request of Chisholm Trail Construction Company to Correct the Bid for the Construction of the Surface Water Treatment Plant Robert Gillette, President of the BAWA Board and Peter Buenz, Secretary to the BAWA Board, were present to present this item to Council. Mr. Gillette commented that after the bids on the water treatment plant were opened and published, but before the contract was signed, the Baytown Area Water Authority Board received a request from the low bidder, Chisholm Trail Construction Company, to allow the correction of the bid in two categories. The first amount was $240,685 and the second amount $89,528. The company submitted some explanations as to why these mistakes were made and requested an audience with the Board. The Board met on October 31, 1978, to listen to representatives of Chisholm Trail and representatives of Richardson Electric Company, the electrical subcontractor. After hearing the explanation of what caused the errors, the Board instructed the consulting engineers and the city attorneys to make an investigation into the facts surrounding this bidding. The Board needed assurance that this was a ligitimate mistake and that Chisholm Trail was entitled to a consideration not only from the BAWA Board but from City Council. On November 7, 1978, the Board met again to consider recommendations from the legal staff and also the results of the investigation made by Rick French, a member of the engineering firm, and Randy Strong, Assistant City Attorney. After due consideration, the Board determined that the bid should be corrected and directed that a contract be executed consistent with the terms of the corrected bid upon Council's approval of the correction. Mr. Gillette reviewed the tabulation of bids for Council. The low bidder, Chisholm Trail Construction Company, bid an amount of $10,200,000. The next lowest bid by Blount, International was in the amount of $11,798,000. The next lowest bid was in the amount of $11,798,000 and the top bid was in the amount of $14,750,000. The position that Chisholm Trail took in this matter is that they asked the Board permission to correct their bid by $330,000, or withdraw their bid. The Board had various alternatives to consider. The first alternative was to grant the contractor's request and correct the contract to include the additional $330,000; secondly, the Board could deny the request and attempt to hold the contractor to the original bid. In that connection, a good faith deposit was filed with the bid in the amount of $1,000,000. If the contractor were to refuse to comply with the bid, the Board has the right to forfeit that $1,000,000. The City Attorney advised the Board that in the event a lawsuit were filed to recover the $1,000,000, it would be questionable as to whether the Board would prevail. In other words, the matter would be litigated and there is no way to assure a victory. In any event, it would be litigation which would mean a considerable delay. In the event that the Board could keep the $1,000,000, the Board would have the third alternative of going to the number two bidder who was more than a million dollars above the low bidder. The fourth alternative was to 81109 -5 Minutes of the Regular Meeting - November 9, 1978 throw all the bids out and start over again. It was the Board's opinion that Alternative No. 4 would mean that all the bids would be considerably higher, but the more deterring fact was that the Board has a contract with the City of Houston for delivery of water which contract has a penalty clause of $1,000 per day after a critical date. The Board felt quite sure that if the bidding procedure were reinstituted, the Board would run past the critical date and be subjected to a penalty of $1,000 per day. It was the opinion of the Board that to expedite this matter in order to save the taxpayers money in the cost of this construction that the Board allow Chisholm Trail to correct its bid to include the additional amounts. The President of the Chisholm Trail Construction Company, Jim Grier, has assured the Board that if this correction is approved by the Council, he would be in a position to sign the contract immediately and start the construction within 10 days. Mr. Oliphant, the superintendent of Chisholm Trail, was also present as was Rick French of Lockwood, Andrews, and Newnam, Inc. Councilman Johnson inquired about the results of the Board's investigation. Mr. Gillette responded that as far as the Board could determine, the amounts are legitimate. The Board does have affidavits from Chisholm Trail as to what actually occurred. Naturally, the Board was concerned about the difference in money. Councilman Cannon inquired as to what type mistakes were made. Mr. Gillette explained that the problem with the larger amount was purely a matter of misunderstanding and non - communication between the subcontractor, which is the electrical and instrumentation firm, and the general contractor, as a result of the hectic atmosphere that exists immediately before the final bids are turned in. The smaller mistake was simply a clerical error. Councilman Kloesel expressed concern for Council to consider this proposed recommendation of the Board because he did not accept the conclusion of the Board. Mayor Hutto felt that the explanation as to what had occurred was reasonable and that the City would be losing taxpayers' money by accepting the next lowest bid. Councilman Kloesel pointed out that all bids could be rejected and the project rebid since there were no guarantees that bids would fluctuate up or down. Mayor Hutto commented that Council needs to keep an open mind on what is the best thing for the City and the citizens of Baytown, and reminded Council that there is a penalty as of January 1, 1981, that would cost the City $1,000 per day. Councilman Kloesel's response was that Council would need to accelerate the completion time. Mayor Hutto inquired as to the completion time involved. Mr. Lanham responded 650 days. Councilman Kloesel stated to rebid the project would require 30 to 60 days. Councilman Cannon stated that if the contract had been consumated this would be true, but now the contractor would have time to decide whether to sign the contract. If the contract was not signed, Council would then be in litigation which could require a long period of time. Councilman Cannon went on to say that the key is that the contract is not signed. If the contract had been signed, Council would be on solid ground to attempt to forfeit the bond. Mr. Gillette concurred and stated that if the contract had been signed, the Board could have enforced a specific performance clause to the contract. Councilman Cannon stated that in all fairness to the taxpayers, Council ought to require the contractor to suffer the $330,000 loss, but due to all the ramifications he is not certain 81109 -6 Minutes of the Regular Meeting - November 9, 1978 that Council is in a position to pursue that approach. Councilman Kloesel acknowledged awareness of the consequences, but since Chisholm Trail is not interested in signing a contract in the amount of the bid that was submitted, he moved that Council direct the BAWA to go out for new bids. The motion died for lack of a second. Mr. Lanham, in response to comments from Council regarding extending the time frame on the project when bid the second time, explained that the original bid opening was delayed in order to rework the wage scale and during that period on recommendation of the engineers, the Board decided to extend the time in an attempt to attract more bidders. In the discussion, the $1,000,000 bid bond was discussed, but it was pointed out that the courts would ultimately determine if this bond would be forfeited to the City. Councilman Cannon questioned the reason that the City Attorney felt if this point were to be litigated that the City would probably not prevail. Mr. Bounds commented that the leading case is a case called James T. Taylor and Son versus Arlington Independent School District which involves a contract or bids for construction of a school. In that situation, after acceptance of a particular bid by the school district, but before execution of the contract, the bidder realized that a mistake had been made in calculating the profit. It was a clerical error in calculating anticipated profit margin. Upon discovery of the error, the school district awarded the bid to the next lowest bidder and sued against the apparent low bidder to recover against the bid bonds for the difference between the contract sum and apparent low bid. The court determined that the school district could not recover the bid bond if the contractor's mistake was so great that the enforcement of the contract would be unconscionable, and there your are speaking strictly in terms of the profit margin. Secondly, that the mistake was related to a material feature of the contract and thirdly, that the mistake was not due to the contractor's negligence and finally that the bid could be withdrawn without causing the school district any serious prejudice other than its loss of bargain. Mr. Bounds commented that this is the criteria that was given to the BAWA Board. Councilman Kloesel emphasized again that by rebidding the contract, the bids could remain the same or even be lower. He also indicated that if Council adopted the Board's recommendation, this would be negotiating the contract. Mr. Gillette stated that technically the Board and Council are not negotiating the bid - -the bid is being corrected. Mr. Lanham read the motion adopted by the BAWA Board as follows: "WHEREAS, Chisholm Trail Construction Company has presented clear and convincing proof of two mistakes of fact in their original bid amounting to $240,685.00 and $89,528.00; and WHEREAS, correction of the bid would not affect the relative standing of the bidders; and WHEREAS, no one will be prejudiced by the correction of the bid; and 81109 -7 Minutes of the Regular Meeting - November 9, 1978 WHEREAS, the time restraints involved in the Baytown - CIWA contract for surface water would pose significant problems for BAWA if it rebid the project; and WHEREAS, due to land subsidence, it is necessary that BAWA convert to surface water as soon as possible; NOW, THEREFORE, I move that BAWA accept the bid of Chisolm Trail Construction Company as corrected for the errors of $240,685.00 and $89,528.00." Councilman Cannon inquired if the legal staff is convinced that in a court of law that the company would be able to prevail, and that these are recognizable errors. Mr. Bounds explained that he felt it was apparent especially on the larger of the two bids, that there was a simple ommission of the company due to a misunderstanding with their subcontractor of what equipment was to be included in the subcontractor's bid. He further stated that he felt that the evidence is clear that the company did simply omit some items and as a result of that, their bid was in error. Mr. Bounds explained that the court recognized that in the hours just before any major construction bid is let, activity where the bids are being formulated is very hectic; therefore, when the courts speak about the contractors negligence, this is the type mistake that the contractor would have the affirmative duty to discover. The courts specifically recognize that clerical errors or simple ommissions would not normally be such negligence. Councilman Cannon inquired if Council adopted the recommendation of the Board would it be subjecting itself to legal action from the second lowest bidder since it was his understanding that Council would have no problem with rejecting any bid which did not meet specifications, Mr. Bounds stated that there are two responses to that question and the first is that the City in the past has allowed the correction of bids where the error was apparent on the face of the bid. In this particular case, the legal staff had to go beyond the face of the bid to the work papers, but felt that there was clear evidence of the error. Secondly, this contract is being awarded by the Baytown Area Water Authority. The Baytown Area Water Authority operates under a different set of rules than does the City Council. In particular, BAWA is not governed by Statute 2360a nor the City Charter which requires letting to the lowest bid. BAWA has much more discretion in awarding contracts than does the City. This was explained to the Board. The law which established the BAWA provides that the Authority will operate under Chapter 54 of the Texas Water Code. The rules governing the Texas Water Code are broader than some of the statutes in this particular area that governs cities on contracting. Councilman Kloesel inquired who is the electrical contractor that will be associated with Chisholm Trail Construction Company? Jim Grier, President of Chisholm Trail, responded that the low electrical and instrumentation subcontractor is Richardson Electric and Instrumentation Company, and the large error that the company is speaking of is in the instrumentation section. Councilman Kloesel questioned Mr. Grier concerning the largest error and Mr. Grier explained what had occurred and stated that the written confirmation of Richardson Electric Company's bid, along with other documents, are on file with the City. Minutes of the Regular Meeting - November 9, 1978 Councilman Cannon moved for adoption of Proposed Ordinance No. 81109 -A, which will correct the amount of the contract between the BAWA Board and Chisholm Trail Construction Company; Councilwoman Caffey seconded the motion. Councilman Kloesel moved that Council table action on this item and hold a special meeting on Tuesday, November 14, 1978, at 6:00 p.m. The reason Councilman Kloesel made this motion was to allow time to seek another legal opinion. The motion died for lack of a second. The vote on the original motion follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: Councilman Kloesel ORDINANCE NO. 2573 AN ORDINANCE APPROVING A CORRECTED CONTRACT BETWEEN CHISHOLM TRAIL CONSTRUCTION COMPANY INC. AND BAYTOWN AREA WATER AUTHORITY FOR THE CONSTRUCTION OF A SURFACE WATER TREATMENT FACILITY. *Councilman Kloesel gone. Ordinance - Providing For and Allowing, Under the Act Governing TMRS, Updated Service Credits and Providing for Allowance of Increases in Benefits to Retired Employees and to Beneficiaries The Administration was not ready to act on this item. Ordinance - Approving Final Payment on the East District Sludge Dewatering Facility, Job No. 44B, Contract No. 2, WPC. Tex. Council received a copy of a letter from Ivan Langford, Jr., of Langford Engineering, Inc., regarding completion of the East District sludge dewatering facilities. In his letter, Mr. Langford certifies to the completion of these facilities and indicates that the total project cost is $271,178.81. Final payment in the amount of $6,999.78 remains to be paid to Tidal Construction Company. The Administration recommended approval of the ordinance. Councilman Lander moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2574 AN ORDINANCE APPROVING AND ACCEPTING CONSTRUCTION OF SLUDGE DEWATERING FACILITIES AT THE EAST DISTRICT SANITARY SEWAGE TREATMENT PLANT BY TIDAL CONSTRUCTION, INC. FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID TIDAL CONSTRUCTION, INC. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Approving Substantial Completion Payment to Farrell Construction Company for the Market Street Bridge Project *Councilman Kloesel back. Council has received a copy of a letter from Jim Hutchison E-138 . Minutes of the Regular Meeting - November 9, 1978 of Busch, Hutchison and Associates in which he sets forth the four alternatives for Council consideration. Following are explanations of four alternatives together with estimated costs: 1. Remove and replace approximately 1,200 square yards of concrete. This corresponds roughly to one -half the roadway width for the length of the cemetary frontage. Cost: $20,000 (based on bid item unit prices in contract) 2. Overlay approximately 6,500 square yards of pavement surface with 1- inches of hot mix asphaltic concrete. To overlay the pavement, it would have to be done over the entire roadway width from Stadium Drive to the east side of the bridge. Cost: $11,700 (based on contractor's estimate) 3. Using a surface grinding machine, plane selected areas to develop a smoother riding surface. Cost: $3,000 (based on equipment and labor for 2 weeks) 4. Reach a negotiated monetary settlement or penalty to be forfeited by the contractor. Each of these alternatives has its respective advantages and disadvantages which are discussed below in numerical order. 1. The advantage of this procedure is to maintain a 10076 cement roadway consistent with the rest of the project. The disadvantage is disruption of traffic and the length of time for repair. 2. The advantage here is the rapidity with which the work could be done (probably 1 week or less) and the fact that all the pavement east of the bridge would be covered. The disadvantage is the mixing of wear surfaces (asphalt and concrete) on the same project and that the asphaltic surface will require maintenance long before the concrete. 3. This method of grinding is at best a doubtful solution with the equipment available. Additionally, attempting this type of corrective action is not well defined which could cause the work to extend over a long period of time, all the while closing two lanes of traffic. Little advantage to this method can be seen except for the cost to the contractor, which is considerably less than the other alternatives. 4. The contractor has indicated a willingness to consider a negotiated settlement wherein he would forfeit a given amount of the contract payment in exchange for the City's acceptance of the job as it is. This, of course, would not waive the contractor's warranty on the project for 1 year after the acceptance. Considering the alternatives, No. 4 has the greatest attractiveness from a convenience point of view, that is, no further work would be done and the street would not be closed at any time. The Administration recommended that Council accept Alternative No. 4, and that the penalty amount be $11,700.00, which is the cost of overlaying a portion of the street. The reason for this recommendation is that to overlay the street would solve the problem, but there would be the problem of maintenance after a few years. The Administration is recommending that the final payment be reduced by this amount and this is acceptable to the contractor. A corrected copy of the proposed ordinance was placed at the Council table that would accomplish this recommendation. 81109 -10 Minutes of the Regular Meeting - November 9, 1978 Mayor Hutto commented that the roadway is structurally sound, and he would hate to have the contractor tear out the section in question because of the inconvenience it would cause. Councilman Johnson felt that the original recommendation of a $20,000 penalty should be considered; Councilman Kloesel concurred. Mayor Hutto felt that a $20,000 penalty would be too harsh, and if Council supported that penalty amount, the contractor should be asked to replace the defective pavement. Mayor Hutto further commented that he could support a $11,700 penalty and feel comfortable with it because the City has a structurally sound road. He felt that by assessing a $20,000 penalty Council could cause contractors to be reluctant to bid City jobs. Councilman Lander commented that conversely, Council might argue that this will indicate to contractors that the City of Baytown is serious that contractors live up to their liability, but he agreed with the Mayor that a penalty of $20,000 would be too harsh. Councilman Johnson said that the only reason he does not want the roadway to be replaced is because of the inconvenience to everyone concerned. Councilman Kloesel moved that Council accept Alternative No. 4 and set a value of $20,000 penalty; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Johnson, Kloesel, and Cannon Nays: Council members Lander and Caffey Mayor Hutto Abstained: Councilwoman Wilbanks Councilman Lander moved that Council accept Alternative No. 4 and set a penalty of $11,700; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2575 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO FARRELL CONSTRUCTION COMPANY FOR THE MARKET STREET BRIDGE IMPROVEMENTS. Ordinance - Awarding the Bid for the Purchase of Data Processing Paper Two bids were received for the purchase of the City's estimated annual supply of data processing paper. A tabulation of these bids is attached to the minutes as Exhibit "A." Data Documents submitted the low bid in the amount of $4,340.40. This bid meets specifications. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None 81109 -11 Minutes of the Regular Meeting - November 9, 1978 ORDINANCE NO. 2576 AN ORDINANCE ACCEPTING THE BID OF DATA DOCUMENTS, INC. FOR THE PURCHASE OF ESTIMATED QUANTITIES OF CONTINUOUS FORM DATA PROCESSING PAPER ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding the Bid for the Purchase of 3/4 Ton Pickup Trucks Four bids were received for the purchase of three 3/4 ton pickup trucks for various city departments. A tabulation of these bids is attached to the minutes as Exhibit "B." Item No. 1 is a 3/4 ton pickup truck for the Planning and Traffic Department which will be used to support the new bucket for traffic signal maintenance. The specifications for this vehicle did not include the required 7500 GVW rating. Because of this, the Administration recommended that the bids be rejected and that Item No. 1 be rebid. Baytown Motors submitted the low bid on Item No. 2, which is a 3/4 ton pickup for the Wastewater Distribution Division. The total bid with warning light and heavy duty springs is $6,979.40. Baytown Motors also submitted the low bid on Item No. 3, which is a 3/4 ton truck for the Water Production Division. Total cost of this unit with heavy duty springs is $7,542.35. The Administration recommended approval of the low bidder on Item Nos. 2 and 3, and recommended that Council reject the bids on Item No. 1, and that permission be given to rebid this item. Councilman Kloesel moved for adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2577 AN ORDINANCE APPROVING THE PURCHASE OF 3/4 TON PICKUP TRUCKS BY ACCEPTING THE BID OF BAYTOWN MOTORS FOR ITEM NOS.II AND III OF THE CITY OF BAYTOWN BID NO. 7810 -4; AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR EACH ITEM AS SET OUT BELOW. Ordinance - Awarding the Bid for the Purchase of Garbage Bags Three bids were received for the purchase of 200,000 garbage bags. a tabulation of these bids is attached to the minutes as Exhibit "C." Adams Industries, the current supplier, submitted the low bid at a unit cost of $.05417 per bag. Total cost of these bags is $10,834. The Administration recommended approval of the ordinance. Mr. Lanham explained that the City had some signs printed that are to be placed at the fire stations which hopefully will encourage more citizens to use these bags. In response to a question from Council, Mr. Savage explained that $30,000 worth of bags have been purchased by citizens since February 1, 1978, which means that the City is ahead of the original projection as far as purchases are concerned. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None 8110912 Minutes of the Regular Meeting - November 9, 1978 ORDINANCE NO. 2578 AN ORDINANCE ACCEPTING THE BID OF ADAMS INDUSTRIES INC. FOR THE PURCHASE OF ESTIMATED QUANTITIES OF GARBAGE BAGS ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Approving Final Payment of the Sandblasting and Repainting of the East James Street Water Tower Work has been completed on the sandblasting and repainting of the East James Street water tower. This property has been inspected and approved by city personnel. Total cost of this work is $23,848. The Administration recommended approval of the ordinance Councilwoman Wilbanks moved for adoption of the ordinance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2579 AN ORDINANCE APPROVING AND ACCEPTING RECONDITIONING OF THE EAST JAMES STREET WATER TOWER BY WATER TANK SERVICE COMPANY FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEERS CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID WATER TANK SERVICE COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Approving Final Payment of Police Garage The Administration was not ready to act on this item. Ordinance - Approving Final Payment for the Municipal Service Center Equipment Storage Yard The Administration was not ready to act on this item. Resolution No. 647 - Requesting that Harris County Increase Payments to Cities for Firefighting Services Mr. Lanham explained that this has been discussed on several occasions by the Council. The contributions that the City is receiving from the county under the contract to provide fire protection services outside the city limits does not cover the cost of providing the service. The Administration sent a letter to the county in March of 1978, requesting that the county re- examine the proposed fire protection contract and pay the City more than what was indicated that the county would pay. At that time, the county's budget had already been approved and funds were not available to increase the amount. The County is now in the process of preparing their budget for next year. Therefore, this is the appropriate time for the City to suggest that the county make a study of this and that the county provide money in their budget to pay for the service provided by cities to unincorporated areas of the county. The City is not asking for any specific amount other than that the county make a study of what the costs are and appropriate funds near the actual cost of providing the service. The proposed resolution requests that Harris County increase its payments to cities for fire protection service rendered to unincorporated areas and that the Administration will assist Harris County in establishing a formula to use in determining payments to the City for fire protection services. This formula should be applied uniformly to all cities and be 81109 -13 Minutes of the Regular Meeting - November 9, 1978 designed to reimburse cities for the cost of providing service. Councilman Cannon commented that he felt this is a little softer approach than he felt the City should take on this problem and suggested that the Administration work out what the City of Baytown costs have been this year and send a letter to the County as to what the City plans to charge the County for the same level of fire protection in the year 1979 that the City of Baytown has provided in 1978. Councilman Cannon further commented that when the City of Baytown is providing the service, the City should not be asking the County to study the problem and then come back and tell the City what the County will pay for these services. Council- man Cannon stated that this is the approach that he would like to take particularly after the County could not find the funds to contribute more this past year for fire protection services. Councilman Kloesel commented that he agreed with Councilman Cannon, however, he felt that at the present time the proposed resolution is a good approach and then it needs to be followed up fairly quickly with figures that Councilman Cannon was speaking of. Councilman Kloesel moved for adoption of Resolution No. 647; Councilman Lander seconded the motion. Councilwoman Wilbanks inquired if it would be difficult to get this information together and attach an exhibit to the resolution showing the estimated cost for the prior year. Mr. Lanham explained that he has some figures that could be submitted such as per hour for the use of fire apparatus, per hour for driver operator, per hour for fire fighter, and the charge per mile. Mr. Lanham commented that the Administration's reason for suggesting that the County get together with the cities to work out a formula is that other cities and fire departments may have different costs and a formula would apply throughout the County so that all the cities will be paid on the same basis. Councilman Cannon said that he would not support the resolution because he did not feel that this is the approach to take. Councilman Lander commented that he agrees that the County should pay the cost of service but felt that it is kind of a moat question because of the percent of the population that lives in the city. The people who live in the city are going to be paying for the cost through city and county taxes. Councilwoman Wilbanks commented that she still thinks it would be valuable for the County to see the figures what it costs the community of Baytown's size to maintain fire service and felt that that information would be helpful to them in arriving at a solution. Mr. Lanham commented that the Administration can make that information as part of a letter that goes along with this and just say that the City of Baytown suggests that the County use the following figures in their consideration of this. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks and Caf f ey Mayor Hutto Nays: Councilman Cannon RESOLUTION NO. 647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN REQUESTING HARRIS COUNTY TO INCREASE ITS PAYMENTS FOR FIRE PROTECTION SERVICE TO THOSE CITIES PROVIDING SUCH SERVICE TO THE COUNTY. 81109 -14 Minutes of the Regular Meeting - November 9, 1978 Resolution No. 648 - Designating the City's Representative to the 1979 H -GAC General Membership and Executive Committee, and One Alternate Presently, the City's representative to the H -GAC General Membership and Executive Committee is Councilwoman Mary Elizabeth Wilbanks and the alternate is Jody Lander. Councilwoman Caffey moved that Council designate Councilwoman Mary Elizabeth Wilbanks as the City's representative to the H -GAC General Membership and Executive Committee and Jody Lander as alternate; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 648 A RESOLUTION APPOINTING MARY ELIZABETH WILBANKS AS REPRESENTATIVE OF THE CITY OF BAYTOWN TO THE EXECUTIVE COMMITTEE AND THE GENERAL MEMBERSHIP BODY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 1979 AND JODY LANDER AS VOTING DELEGATE SHOULD MARY ELIZABETH WILBANKS BECOME INELIGIBLE OR RESIGN. Consider Appointments to the Clean Community Commission City Council established the Baytown Clean Community Commission by ordinance at its October 12, 1978 meeting. The Council made up a list of names of persons who have been contacted and who have agreed to serve. The following persons have agreed to serve on the Clean City Commission: Leonard Stasney Father Efrain Guitterrez Robert Lockett Roy Fuller, Jr. Gary Anderson Eileen Caffey Diane Pardue Mery Rosenbaum Dr. James Lewis This committee is to be made up of nine members - -four shall serve a one -year term and the remaining five members shall be appointed for two -year terms. Councilman Cannon moved for the appointment of the nine persons agreeing to serve on the Clean City Commission; Councilman Kloesel seconded the motion. Mr. Lanham inquired as to how would Council like to designate which members are to serve one -year terms and which members are to serve two -year terms. Council preferred that the members draw for terms. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 81109 -15 Minutes of the Regular Meeting - November 9, 1978 Hear Report on the Downtown Street Liahtina Several months ago, a committee representing the Downtown Merchants and Property Owners appeared before Council and made a number of recommendations or requests for cooperation of the City Council in several areas and one of those was to provide additional street lights which will serve as a deterrant to much of the activities occurring on Texas Avenue such as littering, loitering, vandalism, etc. The Administration asked Houston Lighting and Power to make a study of the street lighting and the needs for additional street lighting in that area which report has been submitted. Houston Lighting and Power reported that Texas Avenue is well lighted but the cross streets and the streets parallel to Texas Avenue need additional lighting. It is Houston Lighting and Power Company's recommendation that twenty -two 20,000 lumen street lights be added and that the two existing 3,300 street lights be upgraded to 20,000 lumen capacity. The total annual cost based on present rates would be $1,044. The Administration has reviewed this with a committee representing the Texas Avenue Merchants and Property Owners who concurred in that recommendation. The Administration recommended approval of this plan. Mr. Lanham in response to a question from Councilman Kloesel explained that there is pedestrian traffic on the side streets and commented that some of the problems which cause the police department much concern is occurring on the side streets. Councilman Lander inquired if there has been very much vandalism occurring to cars parked on the side streets and at the theatre. Bo Turner, Chief of Police, responded in the affirmative; and stated that the Police Department whole - heartedly agrees with the recommendation. Chief Turner added that the whole town needs additional street lighting. Councilman Cannon said that if this project proved successful, the Council can consider other areas of town where additional street lighting is needed. The criteria for placement of street lights by the City is the need for the light from a traffic standpoint. If a property owner requests that a street light be installed, the property owner pays on an annual basis. The Administration recommended approval of this street light plan. Councilman Johnson moved for the approval of the street lighting plan; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Consider Request of George Bryant for Water and Sewer Service Outside the City Limits Council received a copy of a letter from George E. Bryant who lives at 2603 West Cedar Bayou Lynchburg Road. In his letter, Mr. Bryant indicates that he would like to have city water and sewer service. He has made arrangements with Mr. Mac Holland, developer of Ginger Creek Subdivision, to tie his services into those lines. Mr. Bryant has agreed to pay the rates associated with water and sewer service outside the city limits. The Administration recommended approval of the request. Councilman Kloesel moved for the approval of the request of George Bryant for water and sewer service outside the city limits; Councilman Lander seconded the motion. The vote follows: 81109 -16 Minutes of the Regular Meeting - November 9, 1978 Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Consider Appointments to the Local Board of Trustees - Volunteer Firemen The Local Board of Trustees for the Volunteer Firemen's Pension Program must include one representative selected by the City Council. Councilwoman Wilbanks stated that Richard Whiddon was contacted in this regard and was willing to serve in this position. Therefore, she moved that Council appoint Richard Whiddon to fill this position; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caff ey and Cannon Mayor Hutto Nays: None Committee Reports Councilwoman Wilbanks commented that some time ago, she mentioned that the Clean Air Amendment was getting a great deal of attention at the federal level and the Texas Air Control Board is beginning to contact local entities to work out a development plan. In that regard, Robert Blair, Director of the Texas Air Control Board, will be the speaker at Chamber of Commerce luncheon tormorrow. Mr. Lanham stated that the Administration is attempting to become more informed about the Clean Air Amendment, and that Dan Savage and Scott Bounds had attended a hearing on that today. Councilwoman Wilbanks reported that the Texas Air Control Board has asked that an Advisory Committee be established of elected officials from Harris County. She has been asked to serve on the Houston Galveston Area Council. That meeting is scheduled for November 20, 1978; therefore, she will be able to report to Council on that at the next meeting. Councilman Kloesel stated that in another area, he would like a resolution prepared to the Texas Water Board. The intent of the resolution is to have the Board look at the areas north of Baytown that are in the City's water shed that might affect the City's drinking water. Councilman Kloesel requested that the resolution be prepared for presentation to Council at the next meeting or the following meeting. Mr. Lanham explained that the Clean Air Act could have impact on the City in ways other than enforcement, for instance requirements for reducing dust from streets, paving streets, types of materials that are used, street sweeping. Many of the requirements could have an impact on the City's budget. Unfinished Business J. B. LeFevre, Director of.Finance, asked that he may address the Council. Mr. LeFevre commented that the Board of Trustees for the Supplemental Retirement Program would be making some important decisions in the near future, therefore he felt that Council should consider appointing a member of Council to the Board to replace Mayor Gentry. 81109 -17 Minutes of the Regular Meeting - November 9, 1978 Adjourn With no further business to be transacted, Councilman Kloesel moved to adjourn; Councilman Lander seconded the motion. The vote for adjournment was unanimous. 1 Karen Pe ru, Deputy City Clerk Approved: AWN Eileen P. Hall) C ty Clerk Minutes of the Regular Meeting - November 9, 1975 EXHIBIT "A'.' TlTL E: CONTINUOUS FORMS DATA PROCESSING PAPER B 1 D� 7sl o -s D,4TE� 10 -31 -78 - 9:30 a.m. EM QTY DESCRIPTION CONTINUOUS FORMS DATA PROCESSING PAPER i. 200,800 1 part-20 ib. paper 2. 100,800 2 part -20 16. paper 3. 6,500 3 part -15 lb. paper 4. 5,000 4 part-15 lb. paper 5. 19,000 1 part -20 lb. paper TOTAL DELIVERY: • � � . .> �� GROSS TOTAL I± Ess orsc. �' .. ?NET: TOTA L n r� r� i r r-w ' ':` CITY OF BAYTOWN BID TABULATION REIN COMPANY DATA DOCUMENTS RNCE EXTENpEO UNIT EX7'ENpEO pNlT $ 12.58 2,526.06 $ 7.69 $1,544.15 33.08 3,334.46 22.09 2,226.67 • 45.87 298.15 33.14 215.41 61.53 307.65 43.36 216.80 17.15 325.85 1.23 137.37 6,792.17 $4,340.40 45 days 45 days 56,792.17 $4,340.40 UNlT I EX7ENpEp 9 UNl7 E EXiENO . s .. . _1 Minutes of the Regular Meeting - November 9, 1978 EXHIBIT "B'! CITY OF BAYTOWN TITLE: PICKUP TRUCKS - 3/4 TON ptD Tagl ILA'j'jON B 1 D� 7�t o -4 u 1 V . �ATE� t0 -30 -7$ - 9:30 a.m. BAYTOWN MOTORS VINSON BAYTOWN DODGE BOB HAMRIC 1NC. HUGH WOOD FORD ITEM QTY DESCRIPTION � tRNf7 ExrENDED UN17 Ex7EN0ED UNf7 X NOED UNl7 EXTENDED UNf7 EXTENDED PICKUP TRUCKS - 3/4 TON 1. 1 each PICKUP TRUCK - 3/4 TON, - FLEETSNDE STYLE, COLOR WHITE $5,710.31 II. 1 each PICKUP TRUCK - 3/4 TON, UTILITY ` BODY $6,839.84 III. 1 each PICKUP TRUCK - 3/4 70N, UTILITY BODY, TAILGATE LIFT $7,509.59 • OPTIONS: A. Air Conditioning � $413.40 B. Warning Light 106.i30. C. Heavy Duty Springs 32.76 DELIVERY - A.R.O. 90 days — $5,678.05 $5,730.00 $6,046.78 $7.256.25 $7,225.45 $7 ,311.60 $7,812.73 - $7,778.93 $8,056.60 $447.72 $450.86 125.00 84.2b 32.76 32.84 s 100 day 30 to 4 days ' ;,, <. .'.' ^.. GROSS TOTAL $20,059.74- $20,747.03 $20,734.38 $21,414.98 LESS � DISC. -: ' � ^'�7 TOTAL : � � a �.' � � • 1= LIVERY Minutes of the Regular Meeting - November 9, 1978 EXHIBIT "C" TITLE: GARBAGE SAGS BID: 7810 -7 DATE. 10 -38 - 9 :30 A.M. CITY OF BAYTOWN BID TABULATION ADAMS INDUSTR3ES INC MARKETING SERVICES CHICAGO TRANSPARENT ITEM QTY DESCRIPTION Ri�cE EXTENDED UN17 EXTENDED UNIT TENOEO UNIT EXTENOEO uNlT EXTENOEO 1. 200,000 GARBAGE BAGS .05417 10,834.00 .05928 $11,856.00 .08581 $17,162.00 DELIVERY: 21 days 30 days 21 day One company submitted a no bid GROSS TOTAL $10,834.00 $11, 856. oo $17,162.00 LESS DISC. NET TOTAL DES _'VERY