Chapter 4.15
CHANGE ORDERS FOR PUBLIC WORKS CONTRACTS

Sections:

4.15.010    Procedure for consideration of a potential change order.

4.15.020    Thresholds for approval of change orders.

4.15.010 Procedure for consideration of a potential change order.

A. No changes in the work performed under a public works contract (“contract”) for a public works construction project shall be made without having prior written approval of the district by way of a written change order (“change order”). The district shall not be liable for the cost of any extra work or any substitutions, changes, additions, omissions, or deviations from bid documents or the contract unless the same shall have been authorized by and the cost thereof approved in writing by a change order. No change in the time for performance of the work shall be allowed unless a claim for such extension is made at the time changes in the work are ordered, and such time is duly adjusted in the change order. The provisions of the bid documents and the contract shall apply to all such changes, additions, and omissions with the same effect as if originally embodied in the bid documents and the contract.

B. A change order is a written instrument prepared by a duly authorized representative of the district and signed by the district and the contractor which states the agreement of the parties to the following:

1. A change in the work which is required for the proper completion of construction of the whole work contemplated by the contract;

2. Amount of adjustment in the contract price, if any;

3. Extent of adjustment in the time for performance of the work, if any.

C. Within 10 days after a request is made for a change that impacts the contract price or the time for performance of the work, the contractor’s representative shall provide the district’s representative a written estimate of the effect of the proposed change order upon the contract price and the actual cost of the services that would be required for the change, which shall include a complete itemized cost breakdown of all labor and material showing actual quantities, hours, unit prices and wage rates and the effect upon the time for performance of the work for such a change order.

D. The amount of the increase or decrease in the contract price resulting from a change order, if any, shall be determined in the sole discretion of the district by the method set forth in the applicable bid documents and/or the contract. (Res. 2349 § 1, 2005)

4.15.020 Thresholds for approval of change orders.

A. Dollar Amount of the Change Order Is $35,000 or Less. The general manager is authorized to approve change orders with dollar amounts of $35,000 or less.

B. Dollar Amount of the Change Order Is in Excess of $35,000. The general manager is authorized to approve change orders with dollar amounts in excess of $35,000, up to a maximum of 10 percent of the contract price. Such approval may only be given by the general manager if both of the following conditions are met:

1. The dollar amount is within the budget and/or contingency amount established for the applicable public works construction project at the time the contract was entered into between the district and the contractor.

2. It is an appropriate change order for a change in the work required for completion of the work contemplated by the contract.

C. Dollar Amount of the Change Order Is in Excess of $35,000 and Not Within the Budget/Contingency Amount and/or the Changed Work Is Outside the Work Contemplated by the Contract. Approval by the board of directors shall be required for either of the following:

1. The dollar amount of the change order is in excess of $35,000 and is not within the budget and/or contingency amounts established for the applicable public works construction project at the time the contract was entered into between the district and the contractor.

2. The changed work is outside of the work/scope of work contemplated by the contract. (Res. 2349 § 1, 2005)