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Commissioners conditionally approve elevator change order after debate over $30,098 tariff
Summary
Collin County Commissioners conditionally approved change order #29 to cover a government-imposed tariff for elevator inspections, requiring the contractor to pursue any refunds in writing; staff warned delaying approval could jeopardize ARPA-funded timelines.
The Collin County Commissioners Court voted 4–1 to approve change order #29 for the medical examiner and parking garage elevator contract, conditionally authorizing payment of a government-imposed tariff while requiring the contractor to pursue any refunds and remit proceeds to the county.
Judge (Speaker 1) led discussion after purchasing staff said the contract is silent on tariffs. Marcy Christman, assistant purchasing agent, told the court that "the contract is really silent on tariffs," and explained the change order included a conditional acceptance clause that would return refunds to the county if the vendor obtained them. Director of bidding projects Sandeep Katheria confirmed the elevators have been installed but that the subcontractor (TKE) would not provide final inspections until the tariff issue was resolved.
County Administrator Yoon Kim warned that the tariff is a government-mandated fee and that withholding the change order could halt final inspections and delay ARPA-funded project deadlines. Commissioners debated whether approving payment would forfeit later legal claims; the court ultimately adopted a motion to approve the change order provided the prime contractor, Chrisman, and subcontractor TKE commit in writing to pursue any refunds and to provide documentation and audit access.
The amount discussed for the tariff was clarified in staff remarks as $30,098. Purchasing staff said the change order provides that, if refunds are issued, the vendor would return the funds to the county and the county may request an audit trail. The motion to approve was made by Commissioner Fletcher (Speaker 4) and seconded by a Committee member (Speaker 3); the court recorded the motion as carrying 4–1.
Why it matters: staff said delays would jeopardize ARPA timelines and could push project completion dates back. The conditional approval aims to allow final inspections to proceed while preserving the county’s right to seek recovery if the contractor does not pass refunds through to the county.
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