§ 1768. Project Modifications.

(a) Project modifications proposed after the BSCC agreement is signed require advance approval of the Board and the BSCC if the modifications:

(1) Are more than minor changes which affect the scope, design, configuration, cost or schedule of the project;

(2) Are more than minor changes to the design, location, size, capacity, or quality of major items of equipment;

(3) Cause a delay or change in the date of substantial completion or final completion dates for the project; or,

(4) Cause any change that would impact the BSCC's operational or construction regulations in Title 15, CCR, Division 1, Chapter 1, Subchapter 4 and Title 24, CCR, Part 1, Section 13-102 and Part 2, Section 1231 or the State Fire Marshal's construction regulations in Title 24, CCR, Parts 2 and 9 as adopted by the Office of the State Fire Marshal, a change in the number of beds or a change which affects the security or fire and life safety of the facility.

(b) The participating county shall report, in writing, to the BSCC any modifications to the county's agreement for construction with its contractor.

(c) Summaries of all change orders shall be submitted to the BSCC with each invoice/progress report.

(d) Neither the approval of the BSCC agreement or any action of staff with respect to project changes, including approval or disapproval thereof, shall commit or obligate the BSCC to any increase in the amount of the financing conditionally awarded, except as expressly provided in writing by the BSCC.

HISTORY

1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).

4. Amendment filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.

5. Amendment refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).

7. Amendment of section and Note filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.

Note

Note: Authority cited: Sections 15820.906, 15820.916 and 15820.925, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906, 15820.916 and 15820.925, Government Code.