Code of Massachusetts Regulations › 963 CMR - MASS. SCHOOL BUILDING AUTHORITY › Title 963 CMR 2.00 - School Building Grant Program › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 963 CMR 2.00, the following terms shall have the
				meanings set forth in M.G.L. c. 70B:
Alternatives to Construction
Total Facilities Grant
For the purposes of 963 CMR 2.00, the following terms shall
				have the meaning set forth, unless the context clearly requires
				otherwise:
Accelerated Repair Program
means the
				program operated by the Authority to provide reimbursement to Eligible
				Applicants invited into the Authority's capital pipeline for the replacement or
				repair of building systems as may be determined by the Authority, contingent
				upon available funding and capacity in the capital pipeline. A city, town,
				regional school district or independent agricultural and technical school shall
				not have entitlement to funds except at the discretion of the Authority.
Application
means a series of
				documents, forms, letters, statements, certifications, plans, studies,
				drawings, and other data and information required by the Authority to be
				submitted within the deadlines and in the format prescribed by the Authority.
				The Application may include, but not necessarily be limited to, at the
				discretion of the Authority, Initial Compliance Certification, Design and
				Educational Program, Budget Statement for Educational Objectives, Educational
				Facility Master Plan, facilities assessment, Feasibility Study, Project Scope
				and Budget Agreement, copies of the vote of the Board of the Authority, copies
				of the certified local approval in the format prescribed by the Authority, an
				executed Project Funding Agreement, and any other documents, forms, letters,
				statements, certifications, plans, studies, drawings, data or other information
				as required by the Authority.
Approved Project
means a Proposed
				Project for a municipally- or regionally-owned school facility that has
				submitted a Statement of Interest to the Authority and has completed all phases
				of the Application process to the satisfaction of the Authority, in the sole
				discretion of the Authority, including:
(a) a vote of the Board of the Authority, as
			 authorized by the Authority's by-laws, for project approval;
(b) properly certified local vote(s) for the
			 Proposed Project in the format prescribed by the Authority; and
(c) an executed Project Funding Agreement
			 between the Eligible Applicant and the Authority.
No Proposed Project shall be considered an Approved Project
				prior to a vote of the Board of the Authority for project approval, as
				authorized by the Authority's by-laws, receipt by the Authority of a properly
				certified local vote(s) for the Proposed Project in the format prescribed by
				the Authority, and the execution of a Project Funding Agreement between the
				Eligible Applicant and the Authority. The authorization of an Approved Project
				may be rescinded by the Authority in accordance with 963 CMR 2.00 and M.G.L. c.
				70B.
Assisted Facility
means a school
				facility that has received or is receiving any portion of a Total Facilities
				Grant pursuant to M.G.L. c. 70B, St. 1948, c. 645, or St. 2004, chs. 208 and
				210.
Audit
means an examination by the
				Authority and/or its designee of Audit Materials as shall be submitted in a
				form or manner as prescribed by the Authority to determine the eligible,
				Approved Project cost pursuant to the "MSBA Audit Guidelines", M.G.L. c. 70B
				and 963 CMR 2.00.
Audit Materials
means all papers,
				invoices, votes, contracts, agreements, change orders, progress reports,
				purchase orders, on-site observation of construction materials and methods,
				financing information, bonding schedules and other documents related to an
				Approved Project and any other documents or information that may be requested
				or required by the Authority.
Authority
means the Massachusetts
				School Building Authority, established by M.G.L. c. 70B and St. 2004, c. 208,
				and, where the context requires, the Authority's officers and staff exercising
				functions and powers.
Board
means the Board of Directors of
				the Massachusetts School Building Authority.
Budget Statement for Educational
				Objectives
. means the statement, in a format prescribed by the
				Authority, that shall include, but not be limited to, the following: as
				described in the Design and Educational Program, a summary of the Eligible
				Applicant's curriculum goals for the district and the Proposed Project, school
				and grade configuration policies, class size policies, teaching philosophy and
				methods, curriculum delivery goals, a detailed description of program
				activities in order to determine functional need and ultimately the design of
				the building, a detailed listing of all sources and uses of operation and
				capital funds used for the delivery of education by the Eligible Applicant in
				the current Fiscal Year and for the previous three Fiscal Years, and a three
				year projection for the projected sources and uses of funds related to the
				operating budget and capital budget for the proposed educational
				program.
Core Program
means the major
				construction program operated by the Authority to provide reimbursement to
				Eligible Applicants for renovations, additions, and new construction for
				districts invited into the Authority's capital pipeline. A city, town, regional
				school district or independent agricultural and technical school shall not have
				entitlement to funds except at the discretion of the Authority.
Design and Educational Program
means a
				numerical and written description of a specific educational program for a
				specified number of students, in a format prescribed by the Authority, together
				with an itemization of spaces needed to support the educational program,
				complete to the degree that a designer may use it as the basic document from
				which to create the design of a school facility. A Design and Educational
				Program shall include, but not be limited to, the instructional programs, grade
				configuration, type of facility, the spatial relationships for the functions
				housed at the facility, the number of students, a list of any specialized
				classrooms or major support areas, non-instructional support areas, or external
				activity spaces, gross and net square footage of any affected existing
				facility, the overall security and security measures taken to safeguard the
				facility and its occupants, the school administrative organization, the hours
				of operation that include the instructional day, extracurricular activities,
				and any public access or community use. The Design and Educational Program
				shall begin with a thorough, in-depth explanation of curriculum goals and
				instructional activities that occur within the learning environment. The Design
				and Educational Program shall comply with the applicable law and applicable
				Massachusetts Department of Elementary and Secondary Education regulations
				including but not limited to, regulations relative to curriculum and program. A
				Design and Educational Program shall include an itemization of each functional
				space and determination of square footage allocations to determine total
				building square footage and establish a realistic construction budget.
Eligible Applicant
means the chief
				executive official where prescribed by statute or charter of the city, town,
				regional school district or independent agricultural and technical school or,
				where the context requires, the chief executive officer's agent or staff, or a
				local official as submitted by the city, town, regional school district or
				independent agricultural and technical school and approved by the
				Authority.
Enrollment Projection
means the
				enrollment projection developed by the Authority using the Authority's
				enrollment projection model and shall not include incoming school choice
				students.
Fiscal Year
means the year beginning
				July 1st and ending the following June
				30th, unless otherwise determined by the
				Authority.
Green Schools Program Guidelines
means
				the document developed and updated by the Authority establishing, the criteria
				that shall provide the basis for minimum sustainability standards and the
				allocation of Energy Efficiency incentive percentage points described in
				963
				CMR 2.10(3)(b).
Initial Compliance Certification
means
				the statement by which the Eligible Applicant certifies to the Authority that
				the Eligible Applicant has met or will meet the General Requirements of 963 CMR
				2.00, that shall include, but not be limited to, the following: that the
				Eligible Applicant has provided the Authority with all Audit Materials for any
				Assisted Facility requested by the Authority; that the Eligible Applicant has
				expended the minimum maintenance expenditure requirements pursuant to M.G.L. c.
				70B, § 8; that the Eligible Applicant is current on any payments which it
				may owe the Authority; that the Proposed Project is not due to the negligence
				or lack of maintenance of the Eligible Applicant; that the Eligible Applicant
				shall use all standard forms, standard format for local votes or approvals,
				standard contract documents, standard contract language established by the
				Authority; that the Eligible Applicant agrees to the provisions of M.G.L. c.
				70B, § 9(a); and, that the Eligible Applicant shall comply and submit to
				the Authority any other certifications, statements, or forms which the
				Authority may develop.
MSBA Audit Guidelines
means the
				document developed and updated by the Authority outlining the Audit policies
				and procedures of the Authority.
MSBA Space Standards and Guidelines
means the document developed by the Authority that contains an itemized listing
				of educational spaces and square footages that comprise a model program for an
				elementary school, middle school and high school, or other grade configurations
				developed by the Authority, based upon varying levels of enrollment as
				determined by the Authority. The gross square footage are inclusive of all
				spaces to be designed in an Approved Project.
Model School Program
means a program
				that seeks to effectively adapt and re-use the design of successful, recently
				constructed schools.
Owner's Project Manager
means an
				individual or other entity who is engaged in the practice of providing project
				management services for the construction and supervision of construction of
				buildings and has at least five years experience in construction and
				supervision of construction of buildings or a person, if not registered as an
				architect or professional engineer, who has at least seven years experience in
				the construction and supervision of construction buildings pursuant to M.G.L.
				c. 149, § 44A½. In conformance with this requirement, a firm that
				is providing OPM services to an Owner on an MSBA funded project must provide
				those services using a designated "Project Director" who meets those statutory
				qualifications.
Post Occupancy Evaluation
means a
				systematic assessment of occupied facilities to ensure that the MSBA's policies
				and procedures support its mission to promote the design and construction of
				educationally appropriate, flexible, sustainable, and cost effective public
				school facilities.
Project Documents
means the
				agreements, contracts, and other documents, including, but not limited to, the
				owner-contractor agreement, advertisements, instructions to bidders, bidding
				documents, requests for qualifications, contract forms, conditions of the
				contract, specifications, drawings, all addenda issued prior to execution of a
				contract, and other documents listed in any such agreement and modifications
				issued after execution of a contract, executed by and between an Eligible
				Applicant, the designer, the contractor, the sub-contractors, or any other
				parties that set forth the terms, conditions, requirements, and specifications
				for the design and construction of the Approved Project. The Project Documents
				shall also at all times include a current construction schedule, a current
				total project budget, and a current cash flow projection. In the case of
				Construction Manager at Risk projects, documents shall include, but not be
				limited to, requests for proposals, proposals, evaluation of said proposals,
				and the Construction Manager at Risk contract including the guaranteed maximum
				price amendment.
Project Funding Agreement
means the
				contract, in the format prescribed by the Authority, between the Eligible
				Applicant and the Authority governing the relationship between the Eligible
				Applicant and the Authority during the process from design through construction
				and completion and final audit of an Approved Project. The Project Funding
				Agreement shall include but not be limited to, a description of project scope,
				the total project budget, the Total Facilities Grant, timeline for design,
				construction and completion of an Approved Project, requirements for requesting
				and receiving reimbursement from the Authority, and other certifications and
				documents as required by the Authority.
Progress Payments
means the process by
				which an Eligible Applicant, after executing a Feasibility Study Agreement or
				Project Funding Agreement, shall on a monthly basis or at such other times as
				may be required by the Authority, submit to the Authority project invoices,
				payment warrants, cancelled checks or other documentation as required by the
				Authority, that detail the project costs that have been incurred by the
				Eligible Applicant on standard request for reimbursement forms as prescribed by
				the Authority. The Authority may review properly submitted forms and reimburse
				the Eligible Applicant for the amount approved by the Authority within 15 days,
				less any adjustments made by the Authority through the Audit process. The
				Authority reserves the right to adjust any current or subsequent request for
				reimbursement to account for ineligible costs or other adjustments as
				determined by the Authority.
Proposed Project
means any project for
				a municipally or regionally owned or leased school facility proposed by an
				Eligible Applicant, but not yet approved by the Authority, including, but not
				limited to, construction of a new school facility, addition to an existing
				school facility, renovation of an existing school facility, or repair or
				replacement of any eligible part of a school facility.
Statement of Interest
means the
				document developed and updated by the Authority, used by an Eligible Applicant
				to submit to the Authority what the Eligible Applicant believes are the
				deficiencies in the Eligible Applicant's respective school facilities that meet
				one or more of the statutory priorities set forth in M.G.L. c. 70B, § 8. A
				Statement of Interest shall be approved by a vote of the applicable local
				governing body or bodies, as set forth in the Statement of Interest and in a
				form prescribed by the Authority. Said Statement of Interest shall be
				accompanied by such additional forms, documents, and information as the
				Authority shall deem necessary to review the Statement of Interest. The
				submission of a Statement of Interest to the Authority shall not commit the
				Authority to accept any Application materials, approve an Application, or
				provide a grant or any other type of funding, or place any other obligation or
				requirement upon the Authority.