Minnesota Administrative Rules
Agency 120 - Commerce Department
Chapter 2890 - PETROLEUM TANK RELEASES
Part 2890.2100 - DEVIATIONS FROM PROPOSED TASKS OR MAXIMUM COSTS FOR CONSULTANT SERVICES
Universal Citation: MN Rules 2890.2100
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Deviations from proposed tasks or maximum costs after proposal approved by applicant.
A. Costs for tasks
performed that are different than or in addition to the tasks specified in a
proposal for a step of services approved by the applicant are not prima facie
unreasonable when:
(1) the applicant approves
a change order for the different or additional tasks;
(2) the different or additional tasks were
required by circumstances beyond the control of the consultant or applicant
that could not have been reasonably anticipated when the proposal was accepted
by the applicant; and
(3) the
applicant documents that the different or additional tasks:
(a) met the objectives for that step of
services; and
(b) were essential to
complete the objectives for that step of services.
B. Consultant services charges for
a task that exceed the cost specified for that task in a proposal approved by
the applicant are not prima facie unreasonable when:
(1) the applicant approves a change order for
the higher cost for the task;
(2)
the higher cost for the task was required by circumstances beyond the control
of the consultant or applicant that could not have been reasonably anticipated
when the proposal was accepted by the applicant; and
(3) the applicant documents that the higher
cost was essential to complete the objectives for that step of
services.
C. The
applicant must approve change orders on a form prescribed by the board. The
change order must contain the following:
(1) a
detailed description of the different or additional tasks;
(2) the reason for the changes from the
original proposal;
(3) the amount
originally proposed for each affected task and the amount actually charged for
each affected task; and
(4)
signatures of the applicant and the consultant.
Subp. 2. Additional or different tasks approved by the agency.
Notwithstanding subpart 1, costs for tasks performed that are different than or in addition to those specified in a proposal for a step of services approved by the applicant are not prima facie unreasonable when the agency states in writing before the performance of those tasks that the performance of those tasks is necessary and appropriate for the completion of the corrective action.
Statutory Authority: MS s 115C.07
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