New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 19:34A-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used
				  in this chapter, shall have the following meanings, unless the context clearly
				  indicates otherwise:
"Agreement" or "grant agreement" means the section 13(a)
					 delegation agreement (and all attachments thereto) between the Authority and
					 the SDA school district.
"Amendment" means a written modification to a contract
					 executed between the SDA school district and a consultant.
"Approved costs" means costs of the capital maintenance
					 project which are eligible to be paid from the proceeds of the grant and either
					 have been paid or shall be paid by the SDA school district.
"Authority" or "SDA" means the New Jersey Schools
					 Development Authority, an entity which undertakes and funds school facilities
					 projects under the Act and which is an entity formed pursuant to
					 section
					 3 of
					 P.L.
					 2007, c. 137,
52:18A-235
et seq., as
					 successor to the New Jersey Schools Construction Corporation. The SDA is
					 statutorily charged with undertaking and funding schools facilities projects
					 pursuant to the Act.
"Authorization-to-proceed" means a notice to the district
					 from the Authority directing the district to commence performance of its
					 responsibilities pursuant to the agreement. There may be separate
					 authorizations-to-proceed as the capital maintenance project progresses and
					 according to the procurement, contract award, or other action
					 authorized.
"Authorized officer" means with respect to the district,
					 any person or persons authorized pursuant to a resolution of the governing body
					 of the district to perform any act or execute any document relating to the
					 grant and the agreement including the school business administrator; and with
					 respect to the Authority, any person or persons authorized to perform any act
					 or execute any document relating to the grant and the agreement.
"Capital maintenance project" means a school facilities
					 project intended to extend the useful life of a school facility, including
					 up-grades and replacements of building systems, such as structure, enclosure,
					 mechanical, plumbing and electrical systems.
"Change order" or "CO" means a written order, directing or
					 authorizing a change in the work, to a construction contract, which is executed
					 by an authorized school district official and the contractor, and includes all
					 adjustments, if any, to the compensation and time warranted by the change in
					 the work. For purposes of this definition, a "change in work" is a change in
					 the capital maintenance project, the work or the contract documents, including,
					 but not limited to, an increase or decrease in the work to be performed by the
					 contractor or an acceleration of time for the performance of such work, or a
					 change in the sequence in which such work is being performed.
"Checklist" means a form to be provided by the Authority
					 and to be completed by the district at a milestone or milestones in the
					 delegation of the capital maintenance project to be submitted to the Authority
					 for review and approval prior to receiving an authorization-to-proceed and/or
					 certain disbursements of the grant.
"Commencement date" means the date on which the agreement
					 has been fully executed by all the parties thereto and the district has
					 delivered, to the satisfaction of the Authority, the documentation required by
					 the agreement.
"Completion date" means the date specified by the district
					 for completion of the capital maintenance project which may be changed by the
					 district upon notice to the Authority.
"Construction contract" means the agreement between the SDA
					 school district and the contractor governing the construction, including the
					 procurement of goods and services, of all or a portion of the capital
					 maintenance project, and any documents attached thereto and amendments thereof.
					 There may be one or more construction contracts for the capital maintenance
					 project.
"Construction phase" means that phase of the capital
					 maintenance project in which the capital maintenance project is undertaken by a
					 contractor or contractors or in which the acquisition and installation of the
					 capital maintenance project occurs.
"Consultant" means a consultant, including a design
					 consultant, engaged by the SDA school district for the capital maintenance
					 project providing professional services associated with research, development,
					 design and construction administration, alteration, or renovation of real
					 property, as well as incidental services that members of these professions and
					 those in their employ may logically or justifiably perform. A consultant may
					 provide services including studies, investigations, surveys, evaluations,
					 consultations, planning, programming, conceptual designs, plans and
					 specifications, cost estimates, construction management, inspections, shop
					 drawing reviews, preparation of operating and maintenance manuals, and other
					 related services. There may be one or more consultants engaged by the SDA
					 school district for the capital maintenance project.
"Contract" means any agreement between a contracted party
					 and the SDA school district for the capital maintenance project. The term
					 "contract" includes the design consultant contract, the construction contract
					 and any other agreements between the district and its consultants, the district
					 and its contractors, contractors and their subconsultants and subcontractors,
					 and consultants and their subconsultants and subcontractors.
"Contracted party" means the consultants, contractors, and
					 their subconsultants and subcontractors and any other party providing material
					 or services to the SDA school district in connection with the capital
					 maintenance project.
"Contractor" means those persons or firms engaged by the
					 SDA school district to undertake the construction or the acquisition and
					 installation of the capital maintenance project. There may be either a single
					 "general" contractor who has overall contractual responsibility for delivering
					 all of the construction services needed to complete the capital maintenance
					 project or there may be multiple contractors who have responsibility for
					 delivering particular aspects of the capital maintenance project.
"Current working estimate" or "CWE" means the estimated
					 cost to complete the capital maintenance project and includes the cost of
					 design and construction or the acquisition and installation of the capital
					 maintenance project. The Authority shall establish an initial CWE upon
					 delegation by the Authority of the capital maintenance project to the district.
					 The CWE shall be updated, as needed, throughout the preconstruction phase, the
					 design phase, and the construction phase.
"DCA" means the New Jersey Department of Community
					 Affairs.
"Department" means the New Jersey Department of
					 Education.
"Department rules" means rules issued by the Commissioner
					 and/or the State Board of Education that govern the financing, construction and
					 maintenance of the school facilities project, as may be in effect as of the
					 date of the agreement and thereafter.
"Design consultant" means the architect or engineer or
					 other consultant selected by the district to provide design services and/or
					 construction administration services in connection with the capital maintenance
					 project pursuant to the design consultant contract.
"Design phase" means that phase of the capital maintenance
					 project in which the design of the capital maintenance project is undertaken by
					 the design consultant. The design phase may commence upon issuance by the
					 Department of an approval of preconstruction activities or, as applicable, upon
					 issuance by the Department of the preliminary project report and ends upon
					 commencement of the construction phase.
"Design work" means design work performed by a design
					 consultant to design the capital maintenance project so that it may be bid out
					 for construction. If the delegation by the Authority to the district of the
					 capital maintenance project commences upon issuance by the Department of a
					 preconstruction approval, design work shall include approved preconstruction
					 design work.
"Disbursement" means a release of a portion of the grant to
					 the district to pay for approved costs.
"Event of default" means any event specified in
					 19:34A-1.4.
"Excess costs" means the additional costs of the school
					 facilities project, if any, which shall be borne by the district.
"Facilities efficiency standards" means the standards
					 developed by the Commissioner pursuant to
					 18A:7G-4(h)  and
					 published in the New Jersey Register.
"Final completion" means that point in time when all
					 requirements of all contracts for a capital maintenance project have been fully
					 performed, all items on the punch list have been fully performed, all manuals,
					 warranties and as-builts are delivered, all liens have been released and a
					 final certificate of occupancy, continued use or completion has been
					 issued.
"Final eligible costs" means the final approved costs as
					 determined pursuant to
					 18A:7G-5(h)(2) 
					 and 6A:26-3.5, and for purposes of the
					 agreement, shall be set forth in the final project report.
"Final grant amount" means the final amount of the grant as
					 determined by
					 19:34A-3.1(b).
"Final project report" means the report prepared by the
					 Department which contains all of the information included in the preliminary
					 project report and, in addition, includes: the final eligible costs, the excess
					 costs, if any, the State share and the local share.
"Grant" means the funds to be provided to the district by
					 the Authority to pay for the approved costs subject to the terms and conditions
					 of the section 13(a) delegation agreement. The estimated grant amount shall be
					 adjusted during the course of the capital maintenance project until such time
					 as the Authority determines the final grant amount.
"Local share" means the amount of funding to be provided by
					 the district.
"Long-range facilities plan" or "LRFP" means the plan
					 required to be submitted to the Commissioner by a district pursuant to
					 18A:7G-4 and N.J.A.C. 6A:26-2 and
					 an "approved LRFP" means an LRFP approved by the Commissioner pursuant to
					 18A:7G-4 and N.J.A.C.
					 6A:26-2.
"NJEDA" means the New Jersey Economic Development Authority
					 established pursuant to P.L. 1974, c. 80 (34:1B-1 et seq.).
"Preconstruction approval" means the approval by the
					 Department issued pursuant to
					 6A:26-3.9 pursuant to which the
					 Department has approved, among other things, undertaking the approved
					 preconstruction design work.
"Preliminary eligible costs" means the initial approved
					 costs of the capital maintenance project determined pursuant to the formulas
					 set forth in
					 18A:7G-7 which shall be deemed to
					 include the costs of construction and other allowable costs and for the
					 purposes of the agreement, shall be set forth in the preliminary project
					 report.
"Preliminary project report" means the report that the
					 Department prepares for the Authority after approving a capital maintenance
					 project application containing the preliminary eligible costs and other project
					 information, pursuant to
					 6A:26-3.5(c).
"PSCL" means the Public School Contracts Law,
					 18A:18A-1 et seq., together with
					 all applicable rules and guidance issued by DCA and the Department in
					 connection therewith.
"School facility" means and includes any structure,
					 building or facility used wholly or in part for educational purposes by a
					 district and facilities that physically support such structures, buildings and
					 facilities such as district wastewater treatment facilities, power generating
					 facilities, steam generating facilities and other central service facilities,
					 but shall exclude other facilities.
"School facilities project" means the planning,
					 acquisition, construction, improvement, alteration, modernization, renovation,
					 reconstruction, or capital maintenance of all or any part of a school facility
					 or of any other personal property necessary for, or ancillary to, any school
					 facility, and shall include fixtures, furnishings, and equipment, and shall
					 include, but is not limited to, the services of design professionals, such as
					 engineers and architects, construction management, legal services, financing
					 costs and administrative costs and expenses incurred in connection with the
					 project. The capital maintenance project which the district is undertaking is
					 described in the preconstruction approval if the delegation occurs at this
					 point in the design phase or in the preliminary project report if the
					 delegation occurs later in the design phase.
"School facilities project application" means the form
					 provided by the Commissioner of the Department to be submitted to the
					 Department for approval of a school facilities project, pursuant to
					 6A:26-3.2.
"SDA school district" is a school district that received
					 education opportunity aid or preschool expansion aid in the 2007-2008 school
					 year, as defined at
					 P.L.
					 2007, c. 260,
					 §39.
"Section 13(a) delegation agreement" means the grant
					 agreement between the Authority and an SDA school district by which the
					 Authority funds the State share, including the costs of preconstruction
					 activities in connection with a proposed capital maintenance project delegated
					 by the Authority to be undertaken by an SDA school district, pursuant to
					 section 13(a) of the Act and this chapter.
"Section 13(a) delegation limit" means the eligible costs
					 limit, as set forth in section 13(a) of
					 P.L.
					 2000, c. 72, for a
					 school facilities project to be eligible for delegation by the Corporation to
					 the district. The $ 500,000 final eligible cost limit applies to section 13(a)
					 grant agreements executed prior to August 6, 2007, when
					 P.L.
					 2007, c. 137 abolished
					 the cost limit.
"State Comptroller" means the Office of State Comptroller,
					 created pursuant to
					 P.L.
					 2007, c. 52, in, but
					 not of, the State Department of the Treasury, which is responsible for
					 financial auditing; performance and management reviews; and reviewing the
					 contract procurement process of the Executive branch of State government,
					 independent State Authorities, public institutions of higher education, units
					 of local government and boards of education.
"State share" means the State's proportionate share of the
					 final eligible costs. For the SDA school districts, this equals 100 percent of
					 the final eligible costs of a capital maintenance project.
"Termination" means the cancellation of the section 13(a)
					 delegation agreement by the Authority as a result of an event of default or
					 other noncompliance or by mutual consent of the parties.
"Total costs" means the actual total amount spent on the
					 capital maintenance project. The estimated amount of the total costs upon the
					 commencement date shall be set forth in the agreement and shall be adjusted to
					 reflect the actual total amount spent on the capital maintenance project upon
					 final completion.
(b) Words
				  and terms implementing the Act but not defined in this chapter shall have the
				  meanings defined in
				  6A:26-1.2 and in
				  19:34-1.2.