Loading...
HomeMy WebLinkAbout03.04.2002 (3)• • COUNCIL WORK SESSION March 4, 2002 4:30 p.m. Council Chambers Members present: Mayor Rooff, Berry, Greenwood, Clark, Jordan, Hurley, Getty. Members absent: Welper. Moved by Jordan, seconded by Clark that the Agenda, as proposed, be approved. Ayes: Six. Absent: Welper. Motion carried. Jack Fellenzer, Contract Compliance Officer, updated the council on the Contract Compliance Program. At the January 22, 2002 council work session, the council directed Mr. Fellenzer to re- convene the Mayor's Minority Contractors Committee to discuss the document presented by the Cedar Valley Minority Contractor's Association at that meeting and the revised Contract Compliance Program 2002 that was submitted by the Contract Compliance Officer. A meeting was held on February 12, 2002 with approximately 15 people present, including city staff. After much discussion, attendees could not reach a mutual agreement on revisions to the current policy. The city's first major construction project of the year is rapidly approaching. The projected date for submittal to council to approve the plans and specifications for the FY2002 Street Reconstruction Program is March 11, with bid opening on April 1, 2002. Due to the short time frame, staff is proposing that a revision to the administrative procedures be made to the current City of Waterloo Contract Compliance Program 1986 as follows: 1. Establish a goal setting committee, appointed by the Mayor consisting of the following persons. a. Representatives from the Minority Contractors b. Representatives from the Prime Contractors c. One or more representatives from the Engineering Department d. The Contractor Compliance Officer Flexible goals would be established for each individual project rather than a flat numeric goal. During the finalization of the plans and specifications, a Engineering Department representative, the Contract Compliance Officer and the Goal Setting Committee will review all the bid items in the contract and determine which items are "Items of Potential DBE Participation." This listing of items will also be included in the final Project Specifications and bid documents. The Goal Setting Committee determines the goal for each particular project on a case -by -case basis based on the type of work and the ready, willing and able workforce. City staff is also proposing substituting the phrase "Disadvantaged Business Enterprise (DBE) in place of the Minority Business Enterprise (MBE)/Women Business Enterprise (WBE) designation currently in use in the 1986 Program. The Iowa DOT and FHWA suggested this last fall as part of their review. Martin Culpepper, President of Cedar Valley Minority Contractors Association, stated the minority contractors are tired of being excluded, and they would like to start with a 10 percent goal for minority contractors. Mr. Culpepper stated they are not trying to complicate the process, but trying to simplify things. If the city wants a program designed to work, they should use the program already effectively working. Mr. Culpepper stated that minorities are 14 percent of the city's population. Mr. Culpepper stated that the minority contractors only made minor changes to the program, and no one will tell them what is wrong except that 10 percent is a quota. Mr. Culpepper stated that we have been working on this program for a year, and the minority contractors are tired of being left out. The 10 percent good faith effort is good economically, just like everything else. Mr. Culpepper stated that minority contractors dollars are not circulating back into the Black community. This is what they want, and they are seeking social justice. Council Work Session March 5, 2002 Page 2 Councilperson Getty stated that about one month ago there was a council work session to look at the new program, and at that meeting the Cedar Valley Minority Contractors Association presented a new proposal. Mr. Culpepper stated that the minority contractors were boycotting the meetings because they thought it was unfair to have a committee with only two of the minority contractors on the committee. W.C. Stokes stated that the city's proposed program was mostly written by Jack Fellenzer, with input from the minority contractors. The minority contractors could not get what they wanted so they came up with another program. Mr. Fellenzer stated that the 80 percent was using an average of three bidders. The DOT says if you meet 80 percent of the goal or 80 percent of all bidders. Rich Earles, Community Development Program Manager, stated that those numbers try to define what good faith effort means. Currently the city's goals are 5 percent MBE and 1 percent WBE. The Goal Setting Committee will look at work items in each project and determine a flexible goal. Mr. Culpepper asked the council if they feel 5 percent MBE and 1 percent WBE goal is fair with the minority population. Mayor Rooff stated that the Goal Setting Committee idea came out of meetings with DOT representatives. Mayor Rooff stated he has forwarded names for the committee. Mr. Culpepper stated that the problem is minority contractors are not getting work, basically since 1986. The city is suppose to have a program to make sure minority contractors are involved. Mr. Culpepper stated that the minority contractors do not feel a 10 percent goal is too high. Councilperson Getty stated we need to establish the Goal Setting Committee and have the committee meet with Mr. Fellenzer and minority contractors and come back with a recommendation. Mr. Stokes stated that the minority contractors disagree with goal setting on a case -by case basis, and what they want is a percent of minority participation. A contractor stated the main difference is the definition of "good faith effort". He believes this is objective and not subjective and that it works. Councilperson Getty asked that a work session be scheduled to discuss the program with the minority contractors. With no further business before the council, it was moved by Hurley, seconded by Getty that the meeting be adjourned at 5:10 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Nancy Eckert City Clerk •