Section 2812.1 - Compliance with Laws; Bid Requirements(a) Claimants must follow applicable state laws and regulations in procuring consultant and contractor services and must ensure that such services are obtained from qualified firms at a reasonable cost and that the costs are necessary.(b) Claimants must obtain at least three written competitive bids with detailed cost estimates that include unit prices and quantities for corrective action work contracted for on or after December 2, 1991, and to be performed by licensed contractors within the meaning of Business and Professions Code, division 3, chapter 9 (commencing with section 7000). Claimants must obtain at least three written proposals with detailed cost estimates that include unit prices and quantities for corrective action work contracted for on or after December 2, 1991, and to be performed by professional geologists within the meaning of Business and Professions Code, division 3, chapter 12.5 (commencing with section 7800) or by professional engineers within the meaning of Business and Professions Code, division 3, chapter 7 (commencing with section 6700). The requisite bids or proposals must conform to the workplans and corrective action plans prepared pursuant to California Code of Regulations, title 23, division 3, chapter 16, article 11.(c) Local governmental entities shall comply with applicable public contract requirements including the requirements of Public Contract Code, division 2, part 3 (commencing with section 20100).(d) Claimants are not required to submit proposals or bids when they file a Fund application, but the Fund will not normally reimburse claimants for any work for which proposals or bids are required until the costs for which reimbursement is requested are supported by at least three proposals or bids. The Fund may waive the three-bid or -proposal requirement if the Division finds that the requirement is unnecessary, unreasonable, or impossible to comply with under the circumstances pertaining to a particular claim.(e) Where this chapter requires a claimant to submit proposals or bids, the Board will limit reimbursement from the Fund to the amount of the lowest proposal or bid submitted to the claimant for the work involved unless: (1) the Division determines justification exists for rejection of the lowest proposal or bid; or(2) the costs of the work involved are reasonable and necessary, and the work involved was performed by or under the direction of professional engineers within the meaning of Business and Professions Code, division 3, chapter 7 or professional geologists within the meaning of Business and Professions Code, division 3, chapter 12.5.(f) Where a claimant incurs increased costs or changes the scope of work covered by the awarded proposal or bid, the claimant must justify to the Division's satisfaction any costs in excess of the awarded proposal or bid.Cal. Code Regs. Tit. 23, § 2812.1
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of section and NOTE filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
5. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
6. Amendment of subsection (d) and NOTE filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28). Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.13 and 25299.57, Health and Safety Code.
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of section and Note filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
5. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
6. Amendment of subsection (d) and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).