Column by Gordon Weixel/Bismarck Tribune

Tuesday's Bismarck City Commission philosophical debate over award of projects to outside agencies left me a little dazed and confused.

While that state of existence isn't anything new for me, I get the feeling it may be of more than a little concern to city department heads. Commissioner Steve Schwab's challenge of how the city does business, while not without merits, threatens to turn city policy upside down.

Schwab's challenge arose out of Utility Director Keith Demke's recommendation to award an $85,000 water tower coating and maintenance project to Bartlett & West Engineering. The commissioner wanted to know why the project wasn't being bid, feeling a lower price might come forward by opening the project to competition.

Bartlett & West's claim to the project comes through the city's acceptance of the company's proposal generated through the city's request for proposal for a scope of work regarding inspection and maintenance for the city's water towers.

Commissioner Connie Sprynczynatyk explained that it benefits the city to continue its relationship with companies which provide proposals accepted by the city. This way the city can take advantage of the company's expertise in the specific area of the proposal. It also is more efficient and less time consuming since the entire bid process of creating project parameters, advertising and review are avoided.

Sprynczynatyk said the request for proposal long has been the city's process of choice, particularly for complicated projects which require the development of expertise and knowledge of the regulatory environment. She added that Bismarck's project process is considered by engineering firms to be the fairest among North Dakota's cities.

Schwab insisted that Bartlett & West had met the city's request by providing the scope of work for maintenance. The information coming out of the process now belongs to the city and with specifications in hand Bismarck should be able to bid individual projects.

Schwab also suggested that perhaps the city should hire an engineer rather than shop out various projects. But Sprynczynatyk countered that the city would have to hire many engineers to handle various fields of expertise such as roads, storm sewer, sanitary sewer and water distribution. And there also would have to be accompanying support staff

Demke agreed that because of Bismarck's size it would be difficult to hire engineers in the various fields needed and keeping them occupied while paying them at the level they would expect.

"Few communities could afford to keep an engineering staff on hand to just deal with water treatment or waste water treatment. You have to go to the big municipalities such as Los Angeles, which has an entire department of world renown experts," Demke said.

Commissioner Dave Jensen joined the debate and said he found it strange that Bismarck hired certain companies that do certain projects year after year. He feels there is a need for greater checks and balances.

"I think it's time to change some of that and get new thinking," Jensen said. "I think we're spending a lot of money that we wouldn't have to."

Mayor John Warford also felt the city's current process of requests for proposal and continuing engineering with companies providing scopes of works is a proven method and ultimately saves taxpayer money.

Warford feels that should the city do as Schwab professes it will be headed down a path that could open it to litigation.

"In this instance (agreement with Bartlett & West) we've hired a firm. Now in the middle of the process, there are those who want to change the process," Warford said.

City attorney Charlie Whitman described Jensen's philosophy as an advocate for a design and build method.

"There is no provision in the Century Code that allows for design and build," Whitman offered. "Minnesota does use design and build, but there are mixed results on its success."

Whitman further explained that Bismarck's process is not based on project cost but rather an agency's selection based on qualifications. He pointed out that once a firm does preliminary design for a project and a master plan it's hard for other agencies to beat them out in bidding competition.

"What I suspect is that you'd get no response for bids or half-hearted attempts from other firms," Whitman said. "This is not about selection issues, the question is how do you want to segment jobs, how big are their scopes."

Busy week ahead

First week of December is a busy one.

Monday, the Burleigh County Commission meets at 5 p.m. Judge Gail Hagerty will preside over the installation of county officials. Newly elected commissioners Jim Peluso and Mark Armstrong will join the commission.

Tuesday, at 10 a.m. the Morton County Commission meets and Andy Zachmeier joins the commission. At noon the combined Burleigh County park board, water board, and Bismarck Park District committee meets. Finally at 5:30 p.m. the Mandan City Commission meets.

Thursday, the Lincoln City Council convenes at 7 p.m.

Also, the 43rd Annual Joint North Dakota Water Convention and Irrigation Expo comes to Bismarck and will be headquartered at the Ramkota Hotel. Most of the activity starts Wednesday and runs through Thursday evening.

(Reach reporter Gordon Weixel at 701-250-8255 or gordon.weixel@bismarcktribune.com.)