Section 1863.14 - Contents of Project Budget(a) The project budget prescribed by the Board shall be set up under major categories as follows: Sites; Plans; Construction; Tests; Inspection; Furniture and Equipment; and Contingencies. The initial approval of an application shall be based upon the estimated costs as included in these major categories. However, final approved costs within these major categories shall have the following limitations: (1) Sites: (A) Actual costs for the acquisition of a site in excess of the estimated cost as originally approved shall be allowed only after specific approval of the Board.(B) For the purposes of this subsection (1863.14(a)(1)(B)), the term "district" shall include any person or entity with whom the district contracts under Section 7261.5, Government Code, acting on behalf of the district. Relocation costs to landowners or persons displaced pursuant to Sections 7260 et seq. of Chapter 16, Division 7, Title 1 of the Government Code, hereinafter referred to as the "Relocation Assistance Law," in conjunction with an acquisition of a site for which an apportionment is made may be deemed to be a part of the cost of acquisition subject to the following conditions: 1. The school district shall certify that it has adopted regulations pursuant to the Relocation Assistance Law, as required by Section 7267.8, Government Code, or has contracted with a party or entity specified in Section 7261.5, Government Code, for the performance of services under said law.2. A request for payment under the Relocation Assistance Law shall be accompanied by:a. A citation to the pertinent portions of the law and regulations to the extent the latter are applicable.b. A copy of any such pertinent portion of the regulations, andc. Any factual justification that may be applicable in connection with the citation referred to in "a.," including, where applicable, justification by the district subject to the written approval of the Executive Officer, of the reasonableness of any cost of expense applied for by the district under Sections 7262 and 7263, Government Code, that is required to be "reasonable" by said sections.3. That any offer by the district for said site as specified in Sections 7267.2 or 7267.7, Government Code, shall not exceed the highest qualified appraisal of such site made for the purposes of obtaining an apportionment from the Board for the acquisition thereof.4. That any decision by the district under Section 7266, Government Code, (pertaining to the reviewing of the application of an aggrieved person) shall not be in contravention of this subsection 1863.14(a)(1)(B).5. That any cost in conjunction with Section 7264.5, Government Code, (relating to the actual provision of housing) shall be justified in writing by the district and approved in writing by the Executive Officer.6. Nothing in this section shall be deemed to impose upon a school district a fiscal burden in connection with an obligation to a landowner or displaced person that did not exist prior to the adoption of this section.(C) Relocation assistance in connection with the acquisition of real property shall be administered by the Board in accordance with State Relocation Guidelines adopted by the California Commission of Housing and Community Development.(D) Before State funds are released for any portion of the construction costs, evidence shall be presented, satisfactory to the Director of General Services, that good title to the site for said project is vested in the school district, or will be vested in the school district, when the purchase of the site is completed. A use permit deemed by the Director of General Services to be satisfactory, may be considered to be good title for the purpose of this subsection.(E) No site financed in whole or part under the act shall be required or contracted for without the written approval of the Director of General Services, provided that any such contract may be entered into subject to such written approval. Prior to obtaining such approval copies of any proposed contracts and escrow instructions shall be submitted to the Director.(2) Plans: (A) Fees for architectural and engineering services, including architectural supervision, shall not exceed the customary fees for such services as approved by the Director of General Services.(B) Any cost for or incidental to redesigning or replanning, incurred as a result of bids in excess of allowable construction cost standards, shall not be eligible for reimbursement under the Act.(3) Construction: The amount for construction shall be limited to the lowest acceptable bid as approved in writing, by the Director of General Services. No contract for construction financed in whole or in part under this act shall be awarded prior to such approval.(4) Tests: The amount for tests and related inspection shall be limited to the actual costs of tests which are required by Title 21 of the California Administrative Code or other applicable provisions of law, or which are in accordance with good or accepted practice as approved by the Director of General Services.(5) Inspection: The amount for inspection shall be limited to the actual costs for the legal duration of the construction contract which shall be deemed to terminate on the date of completion of the work as specified in the contract or as it is changed through such valid extensions as may be approved by the Director of General Services. Additional inspection costs beyond such date shall be allowed only upon a time-worked basis, and only to the extent they are in excess of any damages recoverable by the district from the contractor for the period of the inspection. It shall be presumed that any such inspection costs are offset by damages recoverable by the district from the contractor by way of liquidated damages or compensatory damages, unless the district submits a written opinion from the county counsel holding otherwise, and stating his reasons for such conclusion.(6) Furniture and Equipment: The amount for furniture and equipment shall be that determined pursuant to Section 1863.11 hereof.(7) Contingencies: (A) An amount may be included for contingencies which shall not exceed such maximums as the Board or the Director of General Services may prescribe for any class of application or value of facilities in a project budget.(B) Contingency funds may be used only after specific written approval by the Director of General Services for items of construction or other approved project costs where the cost increase or the item required is necessary for the completion of a facility which has been approved by the Board.Cal. Code Regs. Tit. 2, § 1863.14
1. Renumbering of subsections (a)(1)(B) and (a)(1)(C) to (a)(1)(D) and (a)(1)(E) and new subsections (a)(1)(B) and (a)(1)(C) filed 12-19-73 as an emergency; effective upon filing (Register 73, No. 51).
2. Certificate of Compliance filed 3-21-74 (Register 74, o. 12).
3. Amendment of subsection (a)(1)(C) filed 3-21-74 as an emergency; effective upon filing. Certificate of Compliance included (Register 74, No. 12).
4. Amendment of subsection (a)(1)(C) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). 9-17-71 as an emergency; effective upon filing. Certificate of Compliance included (Register 71, No. 38). Note: Authority cited: Section 16316, Education Code. Reference: Section 16316, Education Code.
1. Renumbering of subsections (a)(1)(B) and (a)(1)(C) to (a)(1)(D) and (a)(1)(E) and new subsections (a)(1)(B) and (a)(1)(C) filed 12-19-73 as an emergency; effective upon filing (Register 73, No. 51).
2. Certificate of Compliance filed 3-21-74 (Register 74, o. 12).
3. Amendment of subsection (a)(1)(C) filed 3-21-74 as an emergency; effective upon filing. Certificate of Compliance included (Register 74, No. 12).
4. Amendment of subsection (a)(1)(C) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). 9-17-71 as an emergency; effective upon filing. Certificate of Compliance included (Register 71, No. 38).