Empathy List Archives

JW

Joe Weaver

Thu, Jul 14, 2022 5:55 PM

Public Trust, in compliance with the Public Competitive Act of 1974, advertised for bids for a solid waste disposal truck body and chassis. Bid was awarded in May with purchase order/contract following. Shortly thereafter a second truck body and chassis was needed and Trust intended to purchase the body and chassis under State Contract, however, the chassis and body are not available pursuant to State contract. The low bidder on the first truck body and chassis has agreed to deliver the second body and chassis at the same price provided for in the prior bid.

Can Trust purchase the second truck body and chassis from the low bidder on the first truck rather than re-bidding. It has been extremely difficult, if even possible, to get parts to maintain Trust's current vehicles. Delivery times for new vehicles are long and prices keep rising, therefore Trust would like to acquire the second vehicle at the prior bid price.

In an unrelated matter, any information you can provide me on the going rate for a 15-20' water/sewer line easement will be appreciated.

Thanks,
Joe Weaver

Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
joe@basslaw.net mailto:agbass@basslaw.net

[cid:image001.png@01D8977D.37634B30]
www.basslaw.net
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Public Trust, in compliance with the Public Competitive Act of 1974, advertised for bids for a solid waste disposal truck body and chassis. Bid was awarded in May with purchase order/contract following. Shortly thereafter a second truck body and chassis was needed and Trust intended to purchase the body and chassis under State Contract, however, the chassis and body are not available pursuant to State contract. The low bidder on the first truck body and chassis has agreed to deliver the second body and chassis at the same price provided for in the prior bid. Can Trust purchase the second truck body and chassis from the low bidder on the first truck rather than re-bidding. It has been extremely difficult, if even possible, to get parts to maintain Trust's current vehicles. Delivery times for new vehicles are long and prices keep rising, therefore Trust would like to acquire the second vehicle at the prior bid price. In an unrelated matter, any information you can provide me on the going rate for a 15-20' water/sewer line easement will be appreciated. Thanks, Joe Weaver -------------------------------- Joe Weaver Attorney At Law 405.262.4040 405.262.4058 fax joe@basslaw.net<mailto:agbass@basslaw.net> [cid:image001.png@01D8977D.37634B30] www.basslaw.net 104 N. Rock Island Ave. P.O. Box 157 El Reno, OK 73036 NOTICE: The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system. Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

K

Kim@spadylaw.com

Thu, Jul 14, 2022 6:22 PM

Joe, does your Charter require competitive bidding on this? If not, the
requirement for bidding for equipment is in 60 OS 176(I), not the
Competitive Bidding Act, and that requirement will, of course, be repealed
as of November 1. I know that's not responsive to your question, though.

I think if the advertisement for bids was not limited to ONE vehicle, you
should be able to add another vehicle to the same order. If it specified one
vehicle, I'd really have to think hard about adding another to the contract.
Did you receive more than 1 bid when you advertised?

I believe one of my small towns is going to approve payment of $5,000 for a
quarter mile of sewer main in a 30' easement across crop land (plus damages
if crop is disturbed). I do not know if this reflects the market rate
(though we did have it appraised). I would very much appreciate your passing
on any information you receive.

Thanks

Kim Spady

From: Joe Weaver jweaver@basslaw.net
Sent: Thursday, July 14, 2022 12:56 PM
To: oama@lists.imla.org
Subject: [Oama] Competitive Bidding

Public Trust, in compliance with the Public Competitive Act of 1974,
advertised for bids for a solid waste disposal truck body and chassis. Bid
was awarded in May with purchase order/contract following. Shortly
thereafter a second truck body and chassis was needed and Trust intended to
purchase the body and chassis under State Contract, however, the chassis and
body are not available pursuant to State contract. The low bidder on the
first truck body and chassis has agreed to deliver the second body and
chassis at the same price provided for in the prior bid.

Can Trust purchase the second truck body and chassis from the low bidder on
the first truck rather than re-bidding. It has been extremely difficult, if
even possible, to get parts to maintain Trust's current vehicles. Delivery
times for new vehicles are long and prices keep rising, therefore Trust
would like to acquire the second vehicle at the prior bid price.

In an unrelated matter, any information you can provide me on the going rate
for a 15-20' water/sewer line easement will be appreciated.

Thanks,

Joe Weaver

Attorney At Law

405.262.4040

405.262.4058 fax

mailto:agbass@basslaw.net joe@basslaw.net

www.basslaw.net

104 N. Rock Island Ave.

P.O. Box 157

El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the
attorney-client and/or the attorney work product privilege and is
confidential. It is intended only for the use of the individual or entity
identified above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination or distribution of
the accompanying communication is prohibited. No applicable privilege is
waived by the party sending this communication. If you have received this
communication in error, please notify us immediately by reply and delete the
original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by
the IRS, we inform you that any U.S. federal tax advice contained in this
communication (including any attachments) is not intended or written to be
used, and cannot be used, for the purpose of (i) avoiding penalties under
the Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.

Joe, does your Charter require competitive bidding on this? If not, the requirement for bidding for equipment is in 60 OS 176(I), not the Competitive Bidding Act, and that requirement will, of course, be repealed as of November 1. I know that's not responsive to your question, though. I think if the advertisement for bids was not limited to ONE vehicle, you should be able to add another vehicle to the same order. If it specified one vehicle, I'd really have to think hard about adding another to the contract. Did you receive more than 1 bid when you advertised? I believe one of my small towns is going to approve payment of $5,000 for a quarter mile of sewer main in a 30' easement across crop land (plus damages if crop is disturbed). I do not know if this reflects the market rate (though we did have it appraised). I would very much appreciate your passing on any information you receive. Thanks Kim Spady From: Joe Weaver <jweaver@basslaw.net> Sent: Thursday, July 14, 2022 12:56 PM To: oama@lists.imla.org Subject: [Oama] Competitive Bidding Public Trust, in compliance with the Public Competitive Act of 1974, advertised for bids for a solid waste disposal truck body and chassis. Bid was awarded in May with purchase order/contract following. Shortly thereafter a second truck body and chassis was needed and Trust intended to purchase the body and chassis under State Contract, however, the chassis and body are not available pursuant to State contract. The low bidder on the first truck body and chassis has agreed to deliver the second body and chassis at the same price provided for in the prior bid. Can Trust purchase the second truck body and chassis from the low bidder on the first truck rather than re-bidding. It has been extremely difficult, if even possible, to get parts to maintain Trust's current vehicles. Delivery times for new vehicles are long and prices keep rising, therefore Trust would like to acquire the second vehicle at the prior bid price. In an unrelated matter, any information you can provide me on the going rate for a 15-20' water/sewer line easement will be appreciated. Thanks, Joe Weaver -------------------------------- Joe Weaver Attorney At Law 405.262.4040 405.262.4058 fax <mailto:agbass@basslaw.net> joe@basslaw.net www.basslaw.net 104 N. Rock Island Ave. P.O. Box 157 El Reno, OK 73036 NOTICE: The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system. Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

DA

Douglas, Amy G

Thu, Jul 14, 2022 8:17 PM

I think we're operating in extremely difficult and unusual times that don't seem to be getting a lot better anytime soon. If this was my client I'd document (maybe by making some calls/emails) that the price of these trucks/truck parts hasn't changed much if any since May AND due to supply chain issues and lack of bidders, this is the necessary course of action to maintain the public health and welfare of the community. I think the fact that you went out for bids just a couple months ago is a great fact in your favor. Now, if truck prices have dramatically dropped since May, this argument won't work but if you can just show they haven't, I'd be willing to take the chance.

From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Thursday, July 14, 2022 1:22 PM
To: 'Joe Weaver' jweaver@basslaw.net; oama@lists.imla.org
Subject: [Oama] Re: Competitive Bidding

Joe, does your Charter require competitive bidding on this? If not, the requirement for bidding for equipment is in 60 OS 176(I), not the Competitive Bidding Act, and that requirement will, of course, be repealed as of November 1. I know that's not responsive to your question, though.

I think if the advertisement for bids was not limited to ONE vehicle, you should be able to add another vehicle to the same order. If it specified one vehicle, I'd really have to think hard about adding another to the contract. Did you receive more than 1 bid when you advertised?

I believe one of my small towns is going to approve payment of $5,000 for a quarter mile of sewer main in a 30' easement across crop land (plus damages if crop is disturbed). I do not know if this reflects the market rate (though we did have it appraised). I would very much appreciate your passing on any information you receive.

Thanks
Kim Spady

From: Joe Weaver <jweaver@basslaw.net mailto:jweaver@basslaw.net>
Sent: Thursday, July 14, 2022 12:56 PM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] Competitive Bidding

Public Trust, in compliance with the Public Competitive Act of 1974, advertised for bids for a solid waste disposal truck body and chassis. Bid was awarded in May with purchase order/contract following. Shortly thereafter a second truck body and chassis was needed and Trust intended to purchase the body and chassis under State Contract, however, the chassis and body are not available pursuant to State contract. The low bidder on the first truck body and chassis has agreed to deliver the second body and chassis at the same price provided for in the prior bid.

Can Trust purchase the second truck body and chassis from the low bidder on the first truck rather than re-bidding. It has been extremely difficult, if even possible, to get parts to maintain Trust's current vehicles. Delivery times for new vehicles are long and prices keep rising, therefore Trust would like to acquire the second vehicle at the prior bid price.

In an unrelated matter, any information you can provide me on the going rate for a 15-20' water/sewer line easement will be appreciated.

Thanks,
Joe Weaver

Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
joe@basslaw.net mailto:agbass@basslaw.net

[cid:image001.png@01D89789.BAD69B50]
www.basslaw.net
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

I think we're operating in extremely difficult and unusual times that don't seem to be getting a lot better anytime soon. If this was my client I'd document (maybe by making some calls/emails) that the price of these trucks/truck parts hasn't changed much if any since May AND due to supply chain issues and lack of bidders, this is the necessary course of action to maintain the public health and welfare of the community. I think the fact that you went out for bids just a couple months ago is a great fact in your favor. Now, if truck prices have dramatically dropped since May, this argument won't work but if you can just show they haven't, I'd be willing to take the chance. From: Kim@spadylaw.com <Kim@spadylaw.com> Sent: Thursday, July 14, 2022 1:22 PM To: 'Joe Weaver' <jweaver@basslaw.net>; oama@lists.imla.org Subject: [Oama] Re: Competitive Bidding Joe, does your Charter require competitive bidding on this? If not, the requirement for bidding for equipment is in 60 OS 176(I), not the Competitive Bidding Act, and that requirement will, of course, be repealed as of November 1. I know that's not responsive to your question, though. I think if the advertisement for bids was not limited to ONE vehicle, you should be able to add another vehicle to the same order. If it specified one vehicle, I'd really have to think hard about adding another to the contract. Did you receive more than 1 bid when you advertised? I believe one of my small towns is going to approve payment of $5,000 for a quarter mile of sewer main in a 30' easement across crop land (plus damages if crop is disturbed). I do not know if this reflects the market rate (though we did have it appraised). I would very much appreciate your passing on any information you receive. Thanks Kim Spady From: Joe Weaver <jweaver@basslaw.net<mailto:jweaver@basslaw.net>> Sent: Thursday, July 14, 2022 12:56 PM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] Competitive Bidding Public Trust, in compliance with the Public Competitive Act of 1974, advertised for bids for a solid waste disposal truck body and chassis. Bid was awarded in May with purchase order/contract following. Shortly thereafter a second truck body and chassis was needed and Trust intended to purchase the body and chassis under State Contract, however, the chassis and body are not available pursuant to State contract. The low bidder on the first truck body and chassis has agreed to deliver the second body and chassis at the same price provided for in the prior bid. Can Trust purchase the second truck body and chassis from the low bidder on the first truck rather than re-bidding. It has been extremely difficult, if even possible, to get parts to maintain Trust's current vehicles. Delivery times for new vehicles are long and prices keep rising, therefore Trust would like to acquire the second vehicle at the prior bid price. In an unrelated matter, any information you can provide me on the going rate for a 15-20' water/sewer line easement will be appreciated. Thanks, Joe Weaver -------------------------------- Joe Weaver Attorney At Law 405.262.4040 405.262.4058 fax joe@basslaw.net<mailto:agbass@basslaw.net> [cid:image001.png@01D89789.BAD69B50] www.basslaw.net 104 N. Rock Island Ave. P.O. Box 157 El Reno, OK 73036 NOTICE: The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system. Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.