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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,September 13,2021 <br /> 6:00 o'clock p.m. <br /> 17. 2021 ROAD MAINTENANCE PROJECT—FEE ADJUSTMENT REQUEST—BOLTON <br /> AND MENK—Continued <br /> Mayor Walsh said he will be tough on anyone who comes and tells him this is what they bid and now <br /> they need more money. He noted not long ago they were bidding engineering work for underneath the rail <br /> line and they had to go out and get a second thought.At that point,Bolton and Menk came back and <br /> essentially matched that number so the City gave it to them. Mayor Walsh would not be in favor of giving <br /> the $25,000;there might be a number there but he thinks everyone must take responsibility for some of <br /> that.He is willing to have the City take some of that if the contractors spread it out but he does not know <br /> what that number is. <br /> Johnson asked what prevents Bolton and Menk from estimating the not-to-exceed to be high.He asked if <br /> they are in competition when they give these numbers. <br /> Mr. Martini replied they are not in competition and it is based upon the hours they estimate based on <br /> similar projects,a back-and-forth with City Staff on the services they will provide,and the Company <br /> understanding the scope of the work. He understands what the Mayor is saying and thinks they have done <br /> a pretty good job of estimating those fees over the year. <br /> Crosby asked what the delays were in the project this year. <br /> Mr. Martini replied it is not necessarily the delays but the sequencing that the contractor planned as it was <br /> broken up into phases. <br /> Mayor Walsh thinks they have had a good partnership,Bolton and Menk has done great, but he thinks <br /> they need to talk through this. <br /> Johnson stated it is a not-to-exceed number for a reason and if they cannot rely on those then Bolton and <br /> Menk is not fulfilling its contract.He noted they do some work together,there is value in the relationship, <br /> but at the same time they made a bad estimate and now they have to eat it. He said that is how <br /> construction works. <br /> Mr.Martini noted they are not construction but professional services. If the contractor put in more pipe <br /> for the City,they would pay him for more pipe. He said it has always been more important to maintain a <br /> long-term relationship with the City than to get caught up in this.Mr. Martini is asking because he <br /> believes they provide the service and it would be fair to be compensated for that. <br /> Mayor Walsh pointed out the City's budgets rely on those numbers,also. <br /> Seals agrees with Mayor Walsh a bit, as sometimes they have to come to a number and eat the costs. She <br /> said they should come asking the City to help them out,but there is not guarantee they will get it all back. <br /> Printup does not think they have ever had a conversation like this. <br /> Mayor Walsh noted Staff has authority to approve up to$5,000 and this is a bigger number. <br /> Edwards clarified he would never approve even a dollar over what the not-to-exceed number is.He does <br /> have some discretion if they change the scope such as thinking they would need four pieces of pipe but <br /> Page 7 of 8 <br />