HomeMy WebLinkAbout04.11.2002COUNCIL WORK SESSION
April 11, 2002
8:00 a.m.
Council Chambers
Members present: Berry, Welper, Greenwood, Clark, Jordan, Getty.
Members absent: Hurley.
Moved by Jordan, seconded by Clark that the Agenda, as proposed, be approved. Ayes: Six.
Absent: Hurley. Motion carried.
The council discussed items that have been placed on the council agenda of Monday, April 15,
2002 with Department Heads that have items on the agenda.
The council discussed the bids that were opened on April 8, 2002 on the F.Y. 2002 Street
Reconstruction Program, Contract No. 646. Eric Thorson, City Engineer, stated that his
department has reviewed all the numbers from the bids, and Aspro, Inc. appears to meet all the
requirements. Mr. Thorson stated he would like to move ahead with the project.
Councilperson Getty referred to the letter received this morning from Jack Fellenzer, Contract
Compliance Officer, regarding minority participation in the project.
Councilperson Berry stated that the letter from Mr. Fellenzer states that if the Pauline Company's
bid is withdrawn from the Pre -Bid Information Form, the percentage for MBE participation
drops from 3.7 percent to 0.3 percent. Councilperson Berry asked if Aspro received a bid from
Pauline Company saying 3.7 percent is what they want to do. Mr. Fellenzer responded the prime
contractors submit their bids to the city, and it appears there is no iron -clad contract until the
contractor is awarded the bid by the city. The 3.7 percent is based on the sub contractor's bid
received at that time. Mr. Fellenzer stated that Aspro had no formal contact at bid time.
Rich Earles, Community Development Director, stated that Pauline Company bid four different
line items, and Aspro chose to use two line items. Pauline Company wanted either all or none of
the line items.
Councilperson Greenwood asked how many line items are in the contract, and Dennis Gentz,
Assistant City Engineer, responded there are about 90 line items. Councilperson Greenwood
stated that Aspro has the right as the prime contractor to decide which line items they will award
to the minority contractors. Mr. Fellenzer stated that the minority contractors have the option to
tie line items together or separately.
Councilperson Clark stated he agrees that the city needs to continue with the project, but the
council needs to put together a MBE/WBE policy. Councilperson Clark stated he would like to
have a council work session to discuss the policy and have an uninterested third party at the work
session to work with the council on the policy. Councilperson Berry stated she agrees with
Councilperson Clark as there is no program in place that is workable.
Councilperson Getty stated the city used the 1986 Contract Compliance Program and we could
not even meet the 5 percent goal. Councilperson Getty stated he doesn't see how we could
require a 10 or 15 percent goal when we cannot meet a 5 percent goal.
Councilperson Berry stated that 38 percent of the project could be given to the sub contractors,
and that with Pauline Company bidding on four line items we would reach a 10 percent
participation. Councilperson Getty stated he has a problem that Pauline Company did not submit
an aggregate.
Bob Brustkern stated he would expect the prime contractor to accept the low bid.
Councilperson Berry stated the council needs to say what program will be fair and move on.
Council Work Session • •
April 11, 2002
Page 2
Councilperson Clark stated he supports the Street Reconstruction Program, but would like to talk
about future programs and updating the policy.
With no further business before the council, it was moved by Jordan, seconded by Greenwood
that the meeting be adjourned at 8:37 a.m. Ayes: Six. Absent: Hurley. Motion carried.
Nancy Eckert
City Clerk