A change order is a change in plans, specifications, or scope
of work for construction work that is under contract. For purposes
of this section, a variation between estimated quantities and actual
quantities or use of supplemental items included in the bid where
no change in plans and specifications has occurred is not a change
order.
(1) Districts are authorized to issue change orders
that are necessary or beneficial to the district as determined by
the district's board, which alter the plans, specifications, or scope
of work in the contract, subject to the following conditions.
(A) The aggregate of change orders that increase the
original contract price more than 25% may be issued only in response
to:
(i) unanticipated conditions encountered during construction,
repair, or renovation;
(ii) changes in regulatory criteria; or
(iii) coordination with construction of other political
subdivisions or entities.
(B) All change orders must be in writing and executed
by the district and the contractor and approved by the district's
engineer.
(C) The competitive bidding requirements of Texas Water
Code, §49.273(d) and (e) shall not apply to change orders issued
in accordance with this section.
(2) No commission approval is required if the change
order is $50,000 or less. If the change order is more than $50,000,
the executive director or his designated representative may approve
the change order. For purposes of this section, if either the total
additions or total deletions contained in the change order exceed
$50,000, even though the net change in the contract price will be
$50,000 or less, approval by the executive director is required.
(3) If the change order is $50,000 or less, a copy
of the change order signed by the contractor and an authorized representative
of the district shall be submitted to the executive director within
ten days of the execution date of the change order, together with
any revised construction plans and specifications approved by all
agencies and entities having jurisdictional responsibilities, i.e.,
city, county, state, other, if required.
(4) Applications for change orders requiring approval
shall include:
(A) a copy of the change order signed by an authorized
officer or employee of the district and the contractor, and a resolution
or letter signed by the board president indicating concurrence with
the proposed change;
(B) revised construction plans and specifications approved
by all agencies and entities having jurisdictional responsibilities,
i.e., city, county, state, other, if required;
(C) a detailed explanation for the change;
(D) a detailed cost summary showing additions and/or
deletions to the approved plans and specifications, and new contract
price or cost estimate;
(E) a statement indicating amount and source of funding
for the change in plans including how the available funds were generated;
(F) the number of utility connections added or deleted
by the change, if any;
(G) certification as to the availability and sufficiency
of water supply and wastewater treatment capacities to serve such
additional connections;
(H) filing fee in the amount of $100; and
(I) other information as the executive director or
the commission may require.
(5) Copies of all changes in plans, specifications,
and supporting documents for all water district projects will be sent
directly to the appropriate commission field office, simultaneously
with the submittal of the documents to the executive director.
(6) Requirements relating to change orders shall also
apply to construction carried out in accordance with §293.46
of this title (relating to Construction Prior to Commission Approval),
except commission approval or disapproval will not be given. Change
orders which are subject to executive director approval will be evaluated
during the bond application review.
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| Source Note: The provisions of this §293.81 adopted to be effective September 5, 1986, 11 TexReg 3745; amended to be effective June 30, 1993, 18 TexReg 3758; amended to be effective June 5, 1998, 23 TexReg 5715; amended to be effective October 6, 2002, 27 TexReg 9365; amended to be effective April 21, 2013, 38 TexReg 2372; amended to be effective November 13, 2014, 39 TexReg 8730; amended to be effective October 29, 2020, 45 TexReg 7593 |
