Section Env-Dw 1108.05 - Changes to Contract Documents and Project Cost or Scope(a) After the contract documents have been approved by the department and prior to awarding the contract, the recipient shall not make, allow, or authorize any changes, modifications, or amendments to or departure from the approved plans and specifications that would materially or significantly affect project cost, estimated revenues, or project design without the prior written approval of the department.(b) A request submitted pursuant to (a), above, shall:(1) Identify the specific change(s) for which approval is sought;(2) Explain the reasons for the request, including an explanation of the operational or economic consequences of the requested changes not being approved; and(3) Explain how the request meets the criteria specified in (d) or (e), below, as applicable.(c) The department shall approve or deny the request within 10 working days of receipt of a request meeting the criteria of (b), above.(d) The department shall approve one or more changes in the contract documents if the recipient's request demonstrates that the change(s) are: (1) Consistent with applicable federal and state requirements; and(2) In the best interests of the DWSRF and the public served by the recipient's public water system.(e) The department shall approve a request for an increase in project cost or scope if the following criteria are met: (1) The increased cost or scope was not reasonably foreseeable at the time the original project proposal was submitted;(2) The cost increase results in a total cost no greater than the prevailing rate for the item to which the cost is attributable such as, but not limited to, labor and materials;(3) If the recipient is requesting additional DWSRF funds, the item to which the cost increase is attributable is an eligible cost as specified in Env-Dw 1104.01; and(4) If the recipient is requesting additional DWSRF funds, the DWSRF has sufficient monies available at the time the request is filed to cover the proposed cost increase.N.H. Code Admin. R. Env-Dw 1108.05
(See Revision Note at chapter heading for Env-Dw 1100) #8702, eff 8-24-06
Amended by Volume XXXV Number 06, Filed February 12, 2015 , Proposed by #10772, Effective 1/24/2015, Expires1/24/2025.