23 CA ADC § 388


      23 CCR s 388

      Cal. Admin. Code tit. 23, s 388


      CALIFORNIA CODE OF REGULATIONS
      TITLE 23. WATERS
      DIVISION 2. DEPARTMENT OF WATER RESOURCES
      CHAPTER 1.7. SELECTION PROCESS FOR PRIVATE ARCHITECTURAL, LANDSCAPE
      ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LAND SURVEYING, AND 
CONSTRUCTION
      PROJECT MANAGEMENT FIRMS
      ARTICLE 2. SPECIFIC PROVISIONS
      This database is current through 05/26/06, Register 2006, No. 21. 

      s 388. Alternative Contract Procedures.

      (a) Contracting in Phases. Should the Director determine that it is 
      necessary or desirable to have a given project or set of services 
      performed in phases, it will not be necessary to negotiate the total 
      contract price or compensation provisions in the initial instance, 
      provided that the Director shall have determined that the firm is best 
      qualified to perform the whole project at a fair and reasonable cost, and 
      the contract contains provisions that the State, at its option, may 
      utilize the firm for other phases and that the firm will accept a fair and 
      reasonable price for subsequent phases to be later negotiated and 
      reflected in a subsequent written instrument. The procedure with regard to 
      estimates and negotiation shall otherwise be applicable, i.e., in all 
      other respects 'Contracts in Phases' must comply with Chapter 10 and 
      Chapter 10.1, Title 1, Division 5 of the Government Code.

      (b) Retainer Agreements. The Department may identify the general need for 
      A&E services to assist in its overall mission and may enter into contracts 
      for such services through a retainer agreement. Retainer agreements will 
      provide a process for the development and execution of task orders for 
      defined A&E work. Rates for such work shall be specified in a rate 
      schedule to be attached to the original contract provided that rates may 
      be modified and categories of work added by mutual agreement of the 
      parties. Retainer agreements must comply with Chapter 10 and Chapter 10.1, 
      Title 1, Division 5 of the Government Code.


      Note: Authority cited: Section 4526, Government Code. Reference: Sections 
      4526 Government Code; Article XXII, California Constitution, Section 1. 


       HISTORY 
         
      1. Amendment filed 10-14-82; effective thirtieth day thereafter (Register 
      82, 
      No. 42).

      2. Repealer and new section heading, section and Notefiled 7-6-2004; 
      operative
      8-5-2004 (Register 2004, No. 28).
      23 CA ADC s 388

      END OF DOCUMENT

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