11/02/77 SP City Council Minutes247
SPECIAL MEETING
THE SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD NOVEMHER 2, 1977 IN THE
COUNCIL CHAMBERS OF CITY HALL. MAYOR HAPP PRESIDED. COUNCILMAN GRAINGER ABSENT.
ALL OTHERS WERE PRESENT.
The meeting was called to open the sealed bids received on October 18, 1977 for the
EDA Storm Sewer Project.
Mayor Happ reported that the Federal District Court in Missoula had lifted the
restraining order which prohibited us from opening the bids. However, we cannot get
award the bids.
Finance Director Nystul read several sections from a recent technical bulletin the
City received regarding the 10% MBE requirement.
The question was asked if the City had power to act if the bids were opened. Mayor
Happ responded we did not. The contractors do not want to expose their bid if the
project has to be rebid.
Contractors represented were from Pack & Company; Lyford Plumbing; Trails End
Construction; all of Kalispell, and Clark Brothers Construction of Victor, Montana.
Discussion centered around the litigation pending in the court and what the outcome
may be. City Attorney Donahue stated the results are quite uncertain. Mayor Happ
said that it is difficult for anyone to know exactly how to proceed. The various
possible situations regarding no bids, non —responsive bids, subcontractors, etc.
were discussed.
The question was asked about who determines who a qualified Minority Business
Enterprise Subcontractor is. Doug Daniels, Thomas, Dean & Hoskins Engineer, stated
the EDA in Denver would tell us'iE they qualified. After considerable discussion,
City Attorney Donahue suggested as a compromise that we look at the page of the
bids which indicates who and how much MBE each bidder has. This could be done by a
committee so that no one except the contractor and EDA knows who the MBE is and then
they can be checked out. Then if a waiver was required, the City could start on it.
Councilman Granmo moved that the contractors provide the City with their minority
plan without giving their total bid so that the City can determine if their bid is
responsive and if an application for a 10% MBE waiver is required. Seconded by
Councilman O'Boyle. Motion carried.
The bids will remain sealed pending a ruling from the federal court.
There being no further business the meeting was adjourned.
Minutes approved as presented December 5, 1977.
7 +u-1l ` /
Norma E. Happ, May
ATTEST:
eGa . NystLff, Acting Secretary