§ 450.6. Contract Requirements.
23 CA ADC § 450.6Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 23. Waters
Division 2. Department of Water Resources
Chapter 2.3. Loan Programs Under the Water Conservation and Water Quality Bond Law of 1986, and the Water Conservation Bond Law of 1988 and Loan and Grant Programs for Local Projects Under the Safe, Clean, Reliable Water Supply Act
23 CCR § 450.6
§ 450.6. Contract Requirements.
(2) The Department may enter into a contract before the applicant has obtained all applicable permits, but may not disburse any funds to be used for land acquisition and/or project construction until the applicant has complied with all applicable federal, state and local laws, rules and regulations, and obtained all required permits.
(2) An agreement by the Department to loan or grant the applicant an amount which equals the portion of the costs of the project or feasibility study, found by the Department to be eligible for State funding. The agreement may provide for disbursement of funds during the progress of the project or feasibility study, or following completion of the project or feasibility study, as agreed by the parties. The agreement may allow the Department to withhold up to 10 percent of the loan or grant proceeds until the project or feasibility study is completed.
(3) If the entire project or feasibility study is not being funded under this Bond law, the Department shall include a provision requiring the applicant to share in the cost of the project or feasibility study or obtain funding from other sources. This provision shall provide that no State funds shall be disbursed until the applicant demonstrates acquisition of sufficient funds to complete the project or feasibility study. It may also provide that no State funds shall be disbursed until all amounts of other funds have been exhausted.
(7) An agreement to retain a fiscal agent and make deposits with that fiscal agent to assure that sufficient funds will be available for the fiscal agent to transmit semiannual payments of principal and interest to the State when due. The services of the fiscal agent shall continue until the loan has been fully repaid. The applicant may employ the services of its county controller or treasurer as fiscal agent.
(8) Unless otherwise approved by the Department, a reserve of at least two semiannual payments shall be accumulated and deposited with the fiscal agent during the first ten years of the loan repayment period. At least half of the required reserve balance shall be on deposit by the end of the first five years. Reserves shall be maintained at these levels thereafter until the loan is repaid in full.
(9) An agreement to use the competitive bidding process for all construction, materials, and equipment contracts exceeding $20,000 unless an exception in writing has been obtained from the Department. An applicant seeking a waiver of the contractual competitive bidding requirement shall make a written request to the Department, in advance of the bidding process, which sets forth the reasons for the request and demonstrates that no statute or ordinance imposing competitive bidding requirements will be violated if the waiver is granted. In addition, applicants shall obtain the written consent of the Department before using the services of their own employees to perform engineering or construction work on the project.
Credits
Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.4, 12879.5(h), 12879.6(e), 78680.12, 78680.14 and 78680.16, Water Code, Section 21150, Public Resources Code.
History
1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22).
2. Amendment with repeal of subsection (c) filed 9-21-90; operative 10-21-90 (Register 90, No. 44).
3. Renumbering of former section 450.6 to section 450.7 and renumbering of former section 450.5 to section 450.6, with amendment of section and Note, filed 1-28-98; operative 2-27-98 (Register 98, No. 5).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 23, § 450.6, 23 CA ADC § 450.6
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