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.

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