“We shouldn’t be sticking with the same people over and over,” Little said. “Regardless of how good a job someone can do, if someone else is not afforded the opportunity to do something, we’ll never know if they could do a good job, also.”
In both meetings, Munroe-Jenkins Architects LLC was approved for contracts, one through a competitive process called “request for qualifications” and one non-competitively. Although several contracts were awarded to compa-nies that had done work for the city in the past, including Sain Associates Inc. and Development Solutions LLC, those two contracts drew Little’s comments.
Competition for design projects is different than for other publicly funded capital projects. The rules for contracting professional service providers, such as architects, are different than for hiring a company to build the building. Alabama law says contracts for professional services, where the personality can play an important part in the projects, do not have to bid out. The code covers attorneys, physicians, architects, teachers, superintendents of construction, artists, appraisers, consultants, engineers and accountants.
The difference is necessary to get the firm with the best qualifications for the job, said Tracy Roberts, assistant general counsel for the Alabama League of Municipalities. The advantage is that the municipality isn’t required to choose by price, but can choose by qualification, he said.
In a traditional bid process, “you might get the low bidder, but he might not be the professional with the type of personality or the approach to providing that service that best fits your needs,” Roberts said.
Jay Jenkins, owner of Munroe-Jenkins refuted the comment that his company has done a multitude of projects for the city.
“Over the last two years, we’ve done three projects for the city that totaled about $500,000,” said Jay Jenkins, owner of Munroe-Jenkins. “We’ve been consistent in our sentiment that we encourage competition.”
The sports complex was a gift project, Jenkins said. The city did not put out a request for qualifications. Instead, Steven Folks, director of Anniston Parks and Recreation Department, approached Munroe-Jenkins about the project.
However, Jenkins notes that his fees, and those of most architects in the state, are based on the Alabama Building Commission’s schedule of basic fee rates. The fees are a percentage of the cost of building the project. In the case of the sports complex to be built at McClellan, Munroe-Jenkins is to receive 8.5 percent of the project cost, the standard basic fee. The council approved the firm’s hiring May 11. City officials estimate the project will cost between $3.5 million and $4 million, so the fee will come in around $300,000.
Since there is often little difference in cost, the choice of professionals can be very subjective. A council may, but is not required to, submit a request for qualifications that would allow companies interested in working on a project to explain how their qualifications could be an asset. The members could decide the location of the company or the experience with the city is the qualification on which they will decide. They could also decide to limit contracts to companies, as Little suggested.
Not all Anniston City Council members agreed with Little.
Councilman David Dawson said during the May 11 meeting that companies who’ve proved they can do a good job should have the chance to do more work with the city.
“I’m all about opening it up and seeing what’s out there, but those folks that have proven they can do a good job for us, just keep using them,” Dawson said. “Jay Jenkins and his firm’s done a great job for us. I’m ready to use them again.”
Councilman Herbert Palmore said it was the duty of the council to keep things competitive.
“People do a good job, a wonderful job, but we still have to follow our rules,” Palmore said. “You got to allow other people to come in and be here for a service also.”
Contact staff writer Laura Camper at 256-235-3545.
