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Councilmember Beyer stated that when anyone signs an agreement saying they will provide <br />services at a not-to-exceed price, it's "too bad" if they go over. She felt the City should not pay <br />anymore. <br /> <br />Councilmember Peterson inquired what their options would be if the City chooses not to pay them <br />more. <br /> <br />City Administrator Schroeder replied that Councilmember Beyer is correct - the fin'ms bid the <br />contracts at a not-to-exceed price; however, he felt that they did get a higher level of work than <br />was anticipated. <br /> <br />Councilmember Beyer suggested they should have called for a meeting with the City when they <br />realized it was more than they expected. <br /> <br />Mr. Schroeder responded that BRW did do that about nine months ago. He felt that part of the <br />problem is that they had a job to do and they felt it was not worth damaging their reputation by not <br />doing the job. <br /> <br />Councilmember Zimmerman commented that the problem with giving people more money after <br />letting a contract at a not-to-exceed price, is that it will happen more. He felt they should not <br />receive more. <br /> <br />Councilmember Beyer felt that by giving them additional moneys, it is like saying the contract is <br />not worth anything. <br /> <br />Mr. Schroeder added that the additional time was generated because of internal problems we had <br />here. He also felt time was spent inefficiently. He continued that BRW has been more responsive <br />to our request for justification than RLK. <br /> <br />Councilmember Beyer wondered if some of the additional hours were because of a lot of <br />complaints of what they were doing. They never came back with what the Planning Commission <br />recommended. <br /> <br />Councilmember Beahen stated that she agrees with Councilmember Beyer, but yet agrees that <br />maybe the City is responsible for some miscommunications. She was at a draw. She was not sure <br />what should be done but commented that a signed contract is a signed contract. <br /> <br />Councilmember Beyer suggested that it's almost as if a signed contract does not mean anything <br />anymore. She reiterated that the firms should have contacted the City when they realized they were <br />going above budget. <br /> <br />Mr. Schroeder reminded Councilmember Beyer that BRW did in fact do that. However, RLK did <br />not, they just kept billing the City more. <br /> <br />Ms. Hart added that she requested substantiation from the firms. <br /> <br />Councilmember Peterson inquired if the City mislead the finns. <br /> <br />Mr. Schroeder explained that staff, City Council, and the consultants developed/approved of the <br />work plan. He felt they were not misled. Staff's response to the additional amount requested has <br />been that Council did not approve it. "We still have a contract. We expect you to live within the <br />contract." They always knew they had a not-to-exceed contract. He stated that some discussion <br />was had with RLK about maps and how they should look and the response was they would <br /> <br />Finance Committee/March 26, 1996 <br /> Page 3 of 5 <br /> <br /> <br />