Chapter 5: Contract Administration, Section 3: Change Orders

A change order is a legally binding document used to make changes to the contract. Form CEM-4900, “Change Order,” is used for change orders. Form CEM-4903, “Change Order Memorandum,” must be prepared for each change order.

This section describes the use of Forms CEM-4900 and CEM-4903, describes California Department of Transportation (Caltrans) policies for change orders, and provides guidance for writing change orders and memorandums.

5-302 Change Order Policy

The authority for Caltrans to make changes to a contract is in Section 3-403, “Changes and Extra Work,” of this manual. Work that is outside the scope of an existing contract should be done in a separate contract. However, in special situations it may be added to an existing contract if the following conditions are satisfied:

District Construction personnel should consider the following in determining if the proposed change is within the scope of the original contract. Answering “yes” to any of the following questions indicates that the new work may be outside the scope of the original contract:

Answering the previous questions assists in determining if a proposal is within the scope of the existing contract. However, analysis of all the facts and circumstances of the proposed change or new work is required to make a final determination. When district Construction is uncertain if the new work is within the scope of the original contract, the district Construction deputy director must consult the appropriate Division of Construction field coordinator for a determination.

When new work resulting from a director’s order may be accomplished best by adding to an existing contract, the district submits a request to the Division of Construction chief to co-sign the director's order. After the director’s order is approved, district personnel may process a change order incorporating the new work, in accordance with the procedures described in Section 5-311, “Change Order Approval Process,” of this manual.

Contractor proposed safety enhancements involving positive protection measures are within the scope of the original contract. Consider these proposals under the procedure outlined in Section 3-405, “Value Engineering,” of this manual.

Increased change order delegation applies only to districts with a Division of Construction approved district change order quality control plan. Refer to the requirements in Section 5-311A, "Division of Construction Approval," of this manual. Any district without the approved district quality control plan must comply with the following delegation:

District Construction personnel may approve all change orders, except those requiring Division of Construction approval. Division of Construction approval is required as follows:

A change order containing a $50,000 decrease of items, a $20,000 increase of items, and $150,000 of extra work at force account:

|-$50,000| + |$20,000| + |$150,000| = |$220,000|

A change order containing $255,000 of extra work at force account for "Maintain Traffic" with $50,000 supplemental work funds provided.

A preceding change order containing $255,000 of extra work at force account for "Maintain Traffic." A supplemental change order contains $5,000 for additional funds for "Maintain Traffic." The supplemental change order requires Division of Construction approval.