California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 18 - Petroleum Underground Storage Tank Cleanup Fund Regulations › Article 4 - The Fund › Section 2812.1 - Compliance with Laws; Bid Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.