Cal. Code Regs. tit. 21 § 22
For purposes of determining fees, both the estimated and actual costs of the project shall be the total outlay for all work included in the approved plans and specifications (exclusive of fees paid, but not recovered, for architectural, engineering, inspection and testing services) regardless of whether the funds are provided by the school district, by other public or private agencies or by individuals. The cost shall include the cost of any moving or relocation. In the event a building is converted to school use (see Section 6) the cost shall include the value of the building. If work is done in portions the actual cost shall be determined at the completion of each contract. (See Section 25.)
The estimated cost and the fee based thereon shall not be amended after plan check has started except as provided by Section 17(f) or for permissible increase in scope of project. The scope of a project shall not be amended after bids for all or part of the project are opened. No portion of the fee can be returned after checking has been started except as provided by Sections 17(f) and 19.
Actual cost shall include all items which are normally considered to be contractor's operation costs such as district furnished labor and materials, bond, insurance and use of district facilities, and shall not be reduced by charge-backs such as those for testing, inspection or overrun of contract time. All fees and/or reimbursable charges paid the construction managers shall be included in the actual cost of construction. When the contract for the work includes items not otherwise subject to the approval of the office and not included in the approved plans and specifications the actual cost shall include this work unless such costs are segregated by separate bid items or by separately priced items of change orders, or by a certified copy of a subcontractor's bid. Such segregation shall not be made by contract price breakdown or estimates.
Cal. Code Regs. Tit. 21, § 22
Note: Authority cited: Sections 39152 and 81142, Education Code. Reference: Sections 39146 and 81136, Education Code.