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Case #5: Contract Amendment with BRW for Transportation Plan Finance Officer Hart reminded the Committee that in October 1993, the City of Ramsey entered into an agreement with BRW, Inc. for an update to the transportation element of the Ramsey Comprehensive Plan Update. BRW has requested an amendment to the contract in the amount of $3,960.00, which would bring the contract to a not-to-exceed amount of $19,680.00. This amendment is due to work requested that was outside the scope of the original agreement. Ms. Hart explained that the additional work is attributable to extra meetings with the Planning Commission and the Economic Development Commission related to the location of the proposed Mississippi River bridge and to the extra meetings with the Park and Recreation Commission and City staff to review and refine the trail plan. She reported that it is generally not the City's position to amend a not-to-exceed agreement; however, the additional time was clearly over and above the scope of the work agreed to in the contract with BRW, Inc. She added that the contract also addressed this issue very specifically noting that amendments would be requested if deemed necessary. She informed Council that a similar request is anticipated to be received from RLK Associates, the contractor selected for the Shoreland and Land Use Management updates. Councilmember Beyer stated she has a real problem in arbitrarily approving this request. There should have been someone watching on City staff so they did not go over the not-to- exceed figure. Ms. Hart replied that they bill us but do not contact us ahead of time. RLK has provided extra billing. Councilmember Zimmerman commented that it seems as though the not-to-exceed amount always exceeds. Councilmember Beyer stated that no one pays attention. A lot of work done was asked of them by staff, not elected officials. The meetings with the Economic Development Commission caused a lot of extra hours and she felt that was not necessary. She reiterated that she has a real problem with this. Councilmember Peterson stated that he shares some of Councilmember Beyer's concerns and suggested a policy relating to such an issue should be generated. Councilmember Beyer continued that this amount is too large an overrun. She stated she did not care if there is extra dollars to back this up as this is inexcusable. Motion by Councilmember Peterson and seconded by Councilmember Beyer to recommend City Council approve Amendment No. 1 to Service Agreement with BRW, Inc. in the amount of $3,960, bringing the total not-to-exceed amount to $19,680 and that staff come back with some sort of policy to monitor this type of situation. Further discussion: Ms. Hart explained that this was monitored. BRW was not in excess of their billing. Councilmember Peterson asked if the City can question this. Mr. Schroeder stated this could be tabled for more discussion and added that staff felt all along that we had a not-to-exceed amount. We do feel some responsibility to RLK because there was more meetings than proposed to begin with. Councilmember Peterson inquired if staff could prepare a report saying what's a legitimate charge and what's not. Motion withdrawn. Finance Committee/June 27, 1995 Page 5 of 6