The Bismarck City Commission's feud over the Request For Proposal process put a $1.26 million storm water project on hold, nearly halted the million-dollar Valley Drive project and left department heads wondering what other projects might be affected.

Public Works director Keith Demke presented the master plan update for the North Fourth Street storm water master plan at Tuesday's meeting of the city commission and requested to proceed with design and construction of the project.

The master plan update was awarded to Ulteig Engineers last summer in accordance with the city's policy "Selection and Use of Engineering and Architectural Consultants."

While only the update was awarded Ulteig, it came with the understanding, according to city policy, that the firm would be awarded the contract for engineering and construction when the commission decided to move forward with the project.

But commissioners have been at odds over the RFP process with commissioner Steve Schwab being particularly critical.

"We've been talking at length about this," Schwab said. "Some of these projects, an engineering firm gets phase one and they think phases two through 20 are automatically theirs," Schwab said.

Schwab said when a company completes a master plan the information becomes property of the county, yet he feels that the information is often missing and these companies have the upper hand in negotiations because they have the information.

Commissioner Connie Sprynczynatyk said that the city's policy and past practices is to issue an RFP and that on some select projects, that have a firm complete a master plan, design and construction follow that firm. The process, she said she believes, saves time and money.

Mayor John Warford agrees with Sprynczynatyk and said that, in the selection process, there is full disclosure that the city will go this way without issuing an RFP for every phase of a project.

"There's a high potential the cost will be higher," Warford said. "We're changing the rules in the middle of the game."

But Schwab said he believes the process is more of a game and feels better prices will be gained through a competitive bid process.

Commissioner Sandi Tabor also is questioning the city's RFP policy, siding with Schwab, and said the process was providing unexpected costs that weren't being budgeted for.

When Sprynczynatyk made her first motion to award the design and construction of the storm water project, it died for lack of a second. Commissioner Dave Jensen was not in attendance. After lengthy discussion, Sprynczynatyk again made the motion, which was seconded by Tabor. But the motion failed on a 2-to-2 vote, and no action was taken on the request.

This led to city engineer Mel Bullinger's request to hire the firm of Swenson, Hagen & Co. to do design work for the Valley Drive project, which will connect Tyler Parkway with Ash Coulee Drive. The short section of road is considered critical in providing a second access to Horizon Middle School.

The property, along which Valley Drive is located, belongs to the Bismarck Park District, which petitioned the city to construct the street with the estimated $800,000 cost assessed back to the park district. The property was donated to the park district by the C Family Trust started by developer Bill Clairmont.

Swenson, Hagen & Co. had done much of the preliminary design of Valley Drive for C Family Trust prior to it being turned over to the park district. Bullinger said his department was being stretched to its limits, and asked that Swenson, Hagen & Co. be retained to complete the design at a cost of $30,000.

The construction of Valley Drive, according to Bullinger, appeared to be a way to alleviate traffic problems occurring at the intersection of Washington Street and Ash Coulee. Those living in the County West area now have to travel Century Avenue to Washington Street to reach Ash Coulee and backtrack to Horizon. Valley Drive would provide a shorter alternative and likely take pressure off the Ash Coulee and Washington Street intersection, for which the commission is considering a traffic signal.

Again Schwab questioned the award of a contract to a firm without putting the project out for bid.

"When are we going to get to a point in the process when all these backlogged ongoing processes are going to end?" Schwab asked.

Bullinger said that the Valley Drive project differed from other master-planned projects because it hadn't been on the city's radar until the park district's petition. With the commission's desire to have Valley Drive complete to help alleviate traffic problems, the most efficient manner was to hire Swenson and Hagen.

Sprynczynatyk estimated it would take at least a year and a half cycle for projects similar to the Fourth Street storm sewer project to come before the commission. Bullinger said that should the city go to a policy of issuing an RFP for every phase of a project it could add a lot of time to the city's five-year road project list.

The commission did unanimously approve Bullinger's request for Valley Drive, which means the project likely will be completed this year.

"The only reason I'm voting for it is because it is not our project but is getting dumped on us," Tabor said. "The only alternative is not to do it and we have a concern there. We're already looking at spending $180,000 for signals on Washington. We do have an issue with traffic at Horizon. I have an issue with the lack of planning. Why is there a problem all of a sudden and why wasn't it taken care of way back when?"

"As a board we need to discuss the RFP issue. We have a backlog of engineering and design projects out there," Warford said. "If companies essentially don't continue on in projects, we're misleading them along with the selection committee. We don't have a clear cut policy and maybe we have to have some discussion and guidelines."

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@;bismarcktribune.com.)