HomeMy WebLinkAboutMinutes-04/03/2003•
April 3, 2003
The Council of the City of Waterloo, Iowa, met in Special Session at City Hall Council
Chambers, Waterloo, Iowa, at 8:30 a.m. on Thursday, April 3, 2003. Mayor John R. Rooff
in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty.
118001 - Jordan/Welper
that the Agenda, as proposed, for the Special Session on Thursday, April 3,
2003, at 8:30 a.m., be accepted and approved. Ayes: Seven. Motion carried.
118002 Hurley/Greenwood
that copies of the Call for the Special Session on April 3, 2003, be received
and placed on file. Ayes: Seven. Motion carried.
118003 - Mayor Rooff reported that Rudy Jones, Community Development Director, feels we
could have reached the goal of 10 percent minority participation on this
contract. Some of the bids are tied, which is an acceptable practice. Mayor
Rooff stated that Mr. Jones and Jim Walsh, City Attorney, would like an
opportunity to talk with the prime contractor.
Jim Walsh, City Attorney, stated that we have a contract compliance policy,
state code, and ordinance to follow, and we are also concerned about price.
The policy states that the prime contractor must make a good faith effort to
reach the minority participation, and the contract compliance officer makes a
recommendation on whether or not a good faith effort was made. For this
contract, Mr. Jones believes that the contractor could have done better. Mr.
Walsh stated if the council decides the contractor did not make a good faith
effort, they could decide the bid did not meet the policy. The problem with
this contract is that none of the other contractors bidding on the project met
the good faith effort goal. Mr. Walsh stated this is a difficult process for
the prime contractor, the council, minority contractors and Mr. Jones. The
percent of minority participation on this contract is an improvement. Mr.
Walsh stated this is a policy decision for the council, particularly can we
wait to award the contract. Mr. Walsh stated it is the city and state's policy
to accept the lowest, responsible bid. The council could decide to rebid the
contract. Mr. Walsh stated the U.S. Supreme Court is currently looking at
whether rates are something to take into consideration for a responsible bid.
The city used to have a goal of 5 percent minority participation, now it is 10
percent so there has been progress and an effort has been made.
Mayor Rooff asked Mr. Walsh and Mr. Jones to meet with Aspro, Inc. and place
the award of contract on the council agenda of Monday, April 7, 2003.
Mr. Jones reported that the WBE participation exceeded the goal. Mr. Jones
stated he had hoped that the MBE participation would be a little bit better
than we have. Mr. Jones stated the numbers show a competitive bid, but the
numbers also reflect we got low MBE quotes on minority items.
Councilperson Getty asked if all the guidelines were met on the policy. Mr.
Jones responded except for the goal of 10 percent minority participation, and
the numbers show the MBE goal was there. It is within the prime contractors
prerogative to take the MBE goal or not.
Milt Stachovic, Aspro, Inc. stated he could not have met the 10 percent goal
without having a higher bid. Mr. Jones responded that D.C. Corporation shows a
lower bid than PCI, Inc. Mr. Stachovic stated it would have been $21,000
higher to go with D. C. Corporation.
This item will be placed on the council agenda for April 7, 2003.
Jordan/Clark
that the Council adjourn at 9:37 a.m. Ayes: Seven. Motion carried.
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Nancy kert
City Clerk