California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 1 - Board of State and Community Corrections › Chapter 1 - Board of State and Community Corrections › Subchapter 6 - Construction Financing Program › Article 4 - Administration of Reimbursements and Project Monitoring › Section 1756 - Disbursement of State Reimbursements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 No state moneys shall be encumbered in contracts let by a participating county
					 until either (i) construction document plans and specifications have been
					 approved by the BSCC pursuant to Section
					 1749 and subsequent construction
					 bids have been received, or (ii) performance criteria or performance criteria
					 and concept drawings have been approved by the BSCC pursuant to Section
					 1749.1(a) and a
					 design-build contract has been awarded.
(b) Upon approval of the participating
					 county's proposal or application by the BSCC and execution of the BSCC
					 agreement, a state reimbursement schedule will be established by the
					 BSCC.
(c) Requests for state
					 reimbursements shall include such supporting documentation as may be required
					 by the BSCC and/or CDCR and, in the event of deficiencies in the request, the
					 participating county shall be notified by the BSCC of the deficiencies as soon
					 as practicable.
(d) State
					 reimbursements shall be made in arrears on a schedule mutually agreed to by the
					 BSCC and the participating county and established in the BSCC
					 agreement.
(e) No state
					 reimbursements will be made until the participating county has complied with
					 all applicable state requirements.
(f) Participating counties including any
					 design costs as state reimbursed costs, for one or more phases of design, may
					 not proceed with that phase of design process until after the project scope,
					 cost, and schedule are established by the Board.
(g) If a design-bid-build project budget
					 includes any state reimbursements for working drawings/construction documents
					 phase costs, the Board and the State Department of Finance must approve
					 preliminary plans/design development drawings before the participating county
					 can commence work on the working drawings and/or construction documents phase.
					 If a participating county commences any working drawings and/or construction
					 documents phase activities before obtaining approval of preliminary plans
					 and/or design development drawings from the Board and State Department of
					 Finance, the entire state portion of the project financing shall be forfeited
					 and the state will not reimburse any participating county project
					 costs.
(h) If a design-build
					 project budget includes any state reimbursements for design-build phase costs,
					 the Board and State Department of Finance must approve performance criteria or
					 performance criteria and concept drawings before the participating county can
					 commence work on the design-build phase. For any project that includes any
					 state reimbursement of the design-build phase costs, if the participating
					 county commences any design-build phase activities before obtaining approval of
					 performance criteria or performance criteria and concept drawings from the
					 Board and State Department of Finance, the entire state portion of the project
					 financing shall be forfeited and the state will not reimburse any participating
					 county project costs.
(i) At such
					 time as the balance of anticipated total state reimbursements reaches five
					 percent (5%), for Phase I and Phase II projects, the BSCC shall withhold that
					 amount as security. When a participating county is unlikely or ineligible to
					 draw 100 percent (100%) of the conditional award amount, the state shall
					 withhold the final 5% of eligible state reimbursements. The withheld amount
					 will be released to the participating county upon compliance with all of the
					 applicable terms in the BSCC agreement, project delivery and construction
					 agreement, other agreements applicable to the financing, and applicable
					 conditions and requirements of law and regulation. This includes:
(1) Final completion of the
					 project;
(2) Receipt and approval
					 of the final audit and the final project summary report;
(3) The final construction inspection and
					 approval by appropriate officials; and
(4) Staffing and operating the facility
					 within ninety (90) days of construction completion.