The County of Hidalgo Urban County Program (UCP) is requesting a waiver to its in-house Owner Occupied Rehabilitation Program assistance cap amount of $60,000.00. 

Regarding the Pedro and Mariana Vela project, a change order was triggered due to the soil composition requiring an alternative septic system rather than the standard septic system included in the contractors bid. The change order amount together with the existing contract amount exceeded the assistance cap amount of $60.000.

The Texas Local Government Code Section 262.031(a) states, “If it becomes necessary to make changes in plans, specifications, or proposals after a contract is made or if it becomes necessary to increase or decrease the quantity of items purchased, the commissioners court may make the changes. However, the total contract price may not be increased unless the cost of the change can be paid from available funds. “In addition, Section 262.031(b) states, “If a change order involves an increase or decrease in cost of $50,000 or less, the commissioners court may grant general authority to an employee to approve the change order. However, the original contract price may not be increased by more than 25 percent unless the change order is necessary to comply with a federal or state statute, rule, regulation, or judicial decision enacted, adopted, or rendered after the contract was made…”

Further, the Urban County Program Procurement Standards 111.7(a) and (b) states the same language as 262.031, allowing the change order and thereby not delaying construction. As a result, the Urban County Program is requesting a waiver to its assistance cap amount of $60,000.00