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HomeMy WebLinkAboutMinutes-03/27/2003f 1 • March 27, 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, March 27, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. 117947 - Jordan/Clark that the Agenda, as proposed, for the Special Session on Thursday, March 27, 2003, at 8:00 a.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. 117948 - Hurley/Welper that copies of the Call for the Special Session on March 27, 2003, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. Getty now present at 8:46 a.m. 117949 - Getty/Welper that communication from Assistant City Engineer transmitting recommendation of award of contract in the amount of $3,309,986.95 to Aspro, Inc. of Waterloo, Iowa, in conjunction with F.Y. 2003 Street Reconstruction Program, Contract No. 659, be received, placed on file and "Resolution approving said award of contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Rooff reported that there was 4.6 percent MBE and 4.2 percent WBE participation on the F.Y. 2003 Street Reconstruction Program, Contract No. 659. Eric Thorson, City Engineer, reported that there was 10 percent MBE and no WBE participation on the F.Y. 2003 Sidewalk Repair Program - Zone 3 and Trail Repairs, Contract No. 664. Mr. Thorson reported there was 0.6 percent MBE and 6.7 percent WBE participation on the F.Y. 2003 Asphalt Overlay Program, Contract No. 660. Councilperson Clark stated that the bid received from Cedar Valley for the Street Reconstruction Program was a little over $140,000.00 more for concrete than the bid submitted by Aspro, Inc. for asphalt. Councilperson Clark stated that this is a pretty small amount and he believes when you compare asphalt with concrete that concrete will last longer. Councilperson Clark stated he would like to see the city go with concrete on this project, and he has a problem accepting the bid from Aspro, Inc. for the Street Reconstruction Project. Councilperson Clark stated he is basing his views on discussions he has had with concrete contractors from all over. Mayor Rooff stated that we would have to assume that concrete lasts longer than asphalt, and that in some areas it does, but not in areas where the ground shifts. Mayor Rooff noted that the Sycamore Street Project was won by a concrete contractor. Councilperson Hurley stated he agrees with Councilperson Clark, and that council has asked Mr. Thorson for a life cycle analysis on concrete vs. asphalt. Mr. Thorson responded that he has put together information on the life cycle analysis and is waiting to hold a work session. Mr. Thorson stated that each industry will pitch their product. Mayor Rooff stated that if we are not going to accept the low bid, we need to tell the contractors when we send out the specifications that we aren't going to accept the lowest bid but what we think is the best bid. Mr. Thorson stated that the State Code says we should accept the best responsible bid. Councilperson Getty stated there are problems using concrete in some areas because of weather and other conditions. Mr. Thorson stated that the engineers factor in the alternates using a standard minimum of 6 inches. In heavier truck traffic they increase that thickness. Mr. Thorson stated that years ago the city used to bid concrete only for the Street Reconstruction Project and received only one bid. We changed our specifications and now we receive bids from both concrete and asphalt contractors. Mr. Thorson stated that the specifications include 6 inches for concrete and 7.5 for asphalt. If the area has a lot of truck traffic then the specifications call for 7 inches of concrete and 9 inches of asphalt. Mr. Thorson stated that a life cycle analysis looks at the maintenance of a product over the life of the material. Mr. Thorson stated a well drained base is good for both products. Mr. Thorson explained the pluses and minuses for each product. Mr. Thorson reported that alternative bidding are equal in specifications. March 27, 2003 Page 2 Councilperson Hurley asked over the past five years how many miles of street or percent of streets were bid for asphalt and concrete. Mr. Thorson responded that in the past five years asphalt has been the awarded bid, but we still use concrete gutters. Mr. Thorson reported that neither concrete or asphalt favors MBE/WBE subcontractors. Councilperson Jordan asked if the City Engineer has a preference for concrete or asphalt, and Mr. Thorson responded that both products last the same if properly maintained. Councilperson Clark stated there is a gentleman who wants to give a pitch that concrete will last longer. Councilperson Clark stated that at a League of Cities meeting, he talked with a concrete contractor who also agreed it cost a little more for concrete, but that it will last longer. Councilperson Clark stated he asked for a life cycle analysis before we approved the Street Reconstruction Project. Councilperson Getty stated that we held a public hearing on each project, and if the concrete people wanted to pitch their product they should have been here at that time. Councilperson Getty stated we opened the bids, the City Engineer looked at the bids and now we are ready to award the bids, and those concrete contractors should have been here during the hearings. Councilperson Hurley stated that this morning is the first time the council has heard the MBE/WBE percentages. Councilperson Hurley stated that the target is 10 percent and the council is very interested in improving the percentage. Mr. Thorson stated that for the Asphalt Overlay Program it was estimated $16,000.00 was available for MBE participation. Mr. Thorson explained that the projects are bid line item by line item and the MBE/WBE contractors should have those figures. Councilperson Hurley asked what mechanism can the city put in that we won't necessarily accept the low bid. Mayor Rooff responded that we would have to let the contractors know that we may not accept the low bid. Mr. Thorson stated that the State has more projects than the city and they are committed to dividing the work evenly with both industries. Rudy Jones, Community Development Director, reported that for the Asphalt Overlay Program, there was 0.6 percent MBE participation and 6.7 WBE participation, and he is comfortable with that. Mr. Jones reported that the Sidewalk Repair Project had 10' percent MBE participation, and no WBE participation. Mr. Jones reported that the Reconstruction Project had just over 4.6 percent MBE participation and 4.1 percent WBE participation. C. Stokes stated that the subcontractors bid at 25 to 30 percent of the project using the engineer's estimates, and that this year's result is no better than a year ago. Councilperson Greenwood asked if Mr. Stokes was saying there was almost $1 million in subable items and Mr. Stokes answered yes, and that he quoted top soil of around $100,000.00. Terry Phillips reported he quoted three separate items for about $650,000.00, and he was selected for one, and that each individual package is tied. Martin Culpepper asked why the council believes this is good faith effort when the subcontractors do not feel it is. Mr. Culpepper stated the engineer's estimated numbers should be the numbers awarded to the subcontractors. Mr. Culpepper stated that all these projects are under the engineer's estimate for minority participation. Councilperson Hurley stated he is not satisfied yet with the MBE/WBE numbers. Councilperson Hurley stated the engineer's estimate is just an idea of what could be out there. Councilperson Hurley stated that there are two things going on here; the city's promise to keep the streets in the best shape possible and to grow MBE business and nurture it. Mr. Stokes asked why more MBE participation wasn't used, was it because of the numbers or because the primes did not want to use subcontractors. Mr. Stokes asked who beat the minority contractors, who got the bids. Councilperson Greenwood stated that Mr. Stokes feels there is 25 to 30 percent subable items in the Street Reconstruction Project and we are at about 8.8 percent, and he would like to see how far apart we are before awarding the bid. Councilperson Greenwood stated he wants Mr. Jones to analyze the bids, and he is not comfortable with awarding this contract today. Councilperson Greenwood stated he wants to make sure a good faith effort has been made. 6 • • r March 27, 2003 • • Page 3 Councilperson Welper stated he feels the council is responsible to the citizens to make sure tax dollars are spent as efficient as possible, and that we should look at the low bid on each of these projects. Councilperson Welper stated he feels the city needs to stay with the low bid no matter what it is. Councilperson Kincaid stated we all live in Waterloo, and he doesn't see why we can't all work together. We shouldn't have to make laws saying we will set aside a certain percentage, and that the prime contractors should be obligated to set aside a certain percentage for the MBE. Councilperson Getty stated he assumes Aspro, Inc. contacts the companies to see how much they would bid and he picks one he feels is the lowest bid who can do the job, and maybe some are not hungry enough to put in the low bid. Councilperson Getty stated that staff has looked at the bid and made sure it is exactly the way the prime has awarded the subcontracts. Councilperson Jordan stated he agrees with Councilpersons Kincaid and Greenwood, but he has talked with the prime contractor and he has taken the low bids. Councilperson Jordan stated he does not want to throw out Aspro's bid, but we need to move forward, and he is 100 percent behind the bid from Aspro as they were the low bid and came under the city's estimate. Councilperson Clark stated that a good faith effort is when every opportunity is given to minority contractors to put in a bid, and if a minority contractor is not the low bidder, they don't get the job. Mr. Jones stated we are talking about an area where there is no legal standard. The city is responsible to take the lowest responsible bid, and we are trying to hold MBE to the same standard when they don't have to be. Clark/Kincaid that the award of contract for the F.Y. 2003 Street Reconstruction Project, Contract No. 659, be tabled for one week and a special council meeting be held on April 3, 2003. Prior to a vote on the above motion, the following comments were heard. Mr. Jones stated that he will look at the disparity of where we are at and the difference between that and 10 percent. Mr. Jones stated the city is obligated to take the lowest responsible bidder. Mr. Jones stated he will look at the lowest bids used, and that the program calls for minority contractors to submit competitive bids. Councilperson Hurley stated we are driven with low dollars and MBE is just going to inch along. Councilperson Hurley asked if we raise the visibility of MBE participation are we willing to do fewer miles of streets because we increase MBE participation. Mayor Rooff stated we need to make sure we are complying with our document, and that the goal was 10 percent. We are trying to find out why we didn't meet the 10 percent goal. Councilperson Getty stated he doesn't want to keep having these meetings on Thursdays, and that we need to hold them on Monday nights so the citizens can hear what the minority contractors are saying. Councilperson Getty stated he feels if the city doesn't accept the low bid we are doing a disservice to our citizens. Mayor Rooff stated that Mr. Jones will look at what minority contractors bid on and what was used. Following comments a vote was taken on the motion to table for one week with the following result. Ayes: Six. Nays: Getty. Motion carried. 117950 - Jordan/Welper that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $2,620,694.20 to Aspro, Inc. of Waterloo, Iowa, in conjunction with F.Y. 2003 Asphalt Overlay Program, Contract No. 660, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-188. March 27, 2003 Page 4 117951 - Jordan/Welper that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $97,580.36 to Rampart Corporation of Waterloo, Iowa, in conjunction with F.Y. 2003 Sidewalk Repair Program - Zone 3 and Trail Repairs, Contract No. 664, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-189. 117952 - Getty/Jordan that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $2,620,694.20 from Aspro, Inc. of Waterloo, Iowa, in conjunction with F.Y. 2003 Asphalt Overlay Program, Contract No. 660, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-190. 117953 - Getty/Jordan that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $97,580.36 from Rampart Corporation of Waterloo, Iowa, in conjunction with F.Y. 2003 Sidewalk Repair Program - Zone 3 and Trail Repairs, Contract No. 664, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-191. 117954 - Jordan/Clark that the Council adjourn at 9:56 a.m. Ayes: Seven. Motion carried. Nancy kert City Clerk • •