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Communication from the Mayor relative to changes in scope of awarded contracts
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Dear Members of the Council:
After Tuesday night’s meeting, I contacted the Attorney General’s Office to get clarification on the topic of acceptable changes in scope to an awarded contract. They verbally informed me that while the state allows for an increase of an awarded contract not to exceed 20 percent, there is absolutely no limit on reducing scope to a contract after it’s awarded.
While we agree that we cannot alter specifications prior to the execution of the contract, the scope may be reduced once the contract is awarded and the process to determine changes would have to involve collaboration between CDM Smith, D&R and our in-house staff. D&R is holding their low price despite the deadline having passed for us to execute the contract and has stated that they will hold out for just a short time longer. This work can all be completed mid-summer if we act soon. We would also ensure that the work complies with all applicable ADA requirements and that Chapter 90 funds are part of the mix to satisfy the percentage requirement on the use of the Water and Sewer Fund Reserve.
Please let me know if you have any questions.
Sincerely,
GARY CHRISTENSON, Mayor