Section 1825 - Contents of Project Budget(a) The project budget prescribed by the Board shall be set up under seven major categories as follows: Sites; Plans; Construction; Tests; Inspection; Furniture and Equipment; and Contingencies. Within these major categories, the following limitations shall apply: (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 in accordance with the provisions of Section 16035 of the Act.(B) In the event the Board determines that excess site costs allowed under subsection (A) above shall be paid in full as a condition of making an additional apportionment for such excess site costs pursuant to the provisions of Section 16035 of the Act, the amount so apportioned shall be paid in full with interest thereon, whether or not the site is combined with a construction project. The amount repayable during each fiscal year on the unpaid balance shall be the greater of: 1. The amount which would be required to provide an annual payment equal to .074 of the principal amount of the apportionment subject to repayment in full provided, however, that any principal and interest charges not repaid in 20 years shall be added to the twentieth annual repayment.2. The amount which would be produced by a tax rate of five cents per hundred dollars on the assessed valuation of the district as determined by the last equalized assessment occurring during the fiscal year preceding that in which the deductions are to be made by the State Controller. For a unified district receiving an apportionment at both the elementary and high school levels, the aforementioned computation shall be based on a tax rate of ten cents rather than five cents.(C) For the purpose of this subsection (1825(a)(1)(C)), 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 Section 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 (1825(a)(1)(C)).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.(D) 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.(E) Before funds are released for any portion of a construction project, 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 valid, may be considered to be good title for the purpose of this subsection (E).(2) Plans: (A) Fees for architectural and engineering services, including architectural supervision, shall not exceed the customary percentage of the final construction cost as approved by the Director of General Services, except that when a previously authorized portion of a project is not constructed, the architect shall be paid only for the fair value, as approved by the Director of General Services, of services actually rendered.(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 by the State under the Act.(3) Construction: (A) The amount for construction shall be limited to the lowest responsible bid as approved by the Director of General Services.(4) Tests: (A) 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: (A) 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 granted. Additional inspection costs beyond such date shall be allowed only on a time-worked basis upon evidence, satisfactory to the Director of General Services, that the school district took appropriate action to exercise a claim for damages, and as a result a determination was made that the contractor was not liable.(6) Furniture and Equipment: (A) The amount for furniture and equipment shall be that determined pursuant to Section 1816 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 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, § 1825
1. Amendment of subsection (a)(1) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77 No. 18). For prior history, see Register 74, No. 12. Note: Authority cited: Section 16009, Education Code. Reference: Section 16035, Education Code.
1. Amendment of subsection (a)(1) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77 No. 18). For prior history, see Register 74, No. 12.