New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 1 - GENERAL PROVISIONS › Section 19:34B-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. Words in the singular
				  shall include the plural and words in the plural shall include the singular
				  where the context so requires.
"Act" means the Educational Facilities Construction and
					 Financing Act,
					 P.L.
					 2000, c. 72
					 (18A:7G-1 et seq.), as amended,
					 and P.L.
					 2007, c. 137.
"Amendment" means a written modification to a contract
					 executed between a consultant and either the Authority or the SDA school
					 district.
"Approved costs" means costs of the school facilities
					 project as indicated in the final eligible cost determination made by the
					 Department in the final project report, inclusive of the cost of construction
					 as informed by the receipt of bids for the construction contract, as well as
					 any other costs that are reflected in the project charter and approved by the
					 Authority in the grant agreement.
"Authorization-to-proceed" means a written notice to the
					 school district from the Authority directing the school district to commence
					 performance of its responsibilities pursuant to the grant agreement, or
					 permitting the district to proceed with a particular action, if written
					 authorization from the SDA is required before commencement of such
					 action.
"Authorized officer" means with respect to the school
					 district, any person or persons authorized pursuant to a resolution of the
					 governing body of the school district to perform any act or execute any
					 document relating to the grant and the grant agreement including the school
					 business administrator; and with respect to the Development Authority, any
					 person or persons authorized to perform any act or execute any document
					 relating to the grant and the grant agreement.
"Board" means the members of the Authority as outlined in
					 52:18A-237.
"Capital plan" means the Authority's Board-approved
					 distribution of statutorily-allocated funding among specific, identified,
					 current and future school facilities projects, and adequate reserves to address
					 unforeseen conditions and emergent conditions. The school facilities projects
					 included in the capital plan are selected and sequenced based on an assessment
					 of the educational priority needs and long-term capital project requirements of
					 SDA districts, and other compelling state interests, in an effort to address
					 such needs and requirements in a timely and cost-effective fashion within the
					 limitations of the Authority's finite funding allocation.
"Change(s) in the work" means a change in the work or the
					 construction contract, including, but not limited to, an increase or decrease
					 in the scope of work, or an acceleration of time for the performance of the
					 work, or a change in the sequence in which the work is to be performed.
"Checklist" means a form to be provided by the Authority
					 and to be completed by the school district at a milestone or milestones during
					 the district's management of the delegated portions of a school facilities
					 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 grant
					 agreement has been fully executed by all the parties thereto and the school
					 district has delivered, to the satisfaction of the Authority, the documentation
					 required by the grant agreement.
"Completion date" means the date specified in the
					 construction contract for completion of the school facilities project which may
					 be changed by the Authority, upon the written request of the school district to
					 the Authority and upon the Authority's written approval in its sole
					 discretion.
"Construction contract" means the agreement between the
					 contractor and either the Authority or the SDA school district, together with
					 the general conditions, supplementary conditions, plans, specifications, scope
					 of work, the request for qualifications and/or the request for proposals,
					 instructions to bidders and addenda, change orders, other amendments and all
					 exhibits, appendices and documents attached to or referenced in any of the
					 foregoing materials, which governs the construction, including the procurement
					 of goods and services, of all or any portion of the school facilities project,
					 and any documents attached thereto and amendments thereof contract. There may
					 be one or more construction contracts for the school facilities project.
"Construction manager" or "CM" means the person or firm
					 engaged by the Authority or the SDA school district to provide construction
					 management services, including oversight and reporting services in connection
					 with the construction of a school facilities project.
"Construction phase" means that phase of the school
					 facilities project in which the school facilities project is undertaken by a
					 contractor or contractors.
"Consultant" means a consultant, including a design
					 consultant, engaged for the school facilities 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 for the school facilities
					 project.
"Contract" means any contract relating to the school
					 facilities project between a contracted party on the one hand, and the SDA
					 school district or the Authority on the other hand.
"Contract price" means the amount stated in the
					 construction contract, as it may be adjusted in accordance with terms of the
					 construction contract, representing the total amount payable by the Authority
					 or the SDA school district to the contractor for the performance of the
					 work.
"Contracted party" means the consultants, contractors, and
					 their subconsultants and subcontractors and any other party providing material
					 or services to the Authority or the SDA school district in connection with the
					 school facilities project.
"Contractor" means those persons or firms engaged by the
					 Authority or the SDA school district for construction of the school facilities
					 project in accordance with the construction contract.
"Current working estimate" or "CWE" means the estimated
					 cost to complete the delegated portion of the schools facility project, as
					 calculated by the Authority. The Authority shall utilize the CWE to determine
					 the grant amount when offering the grant agreement to the district. The CWE
					 shall be updated, as needed, and upon receipt of bids for the delegated portion
					 of the school facilities project.
"DCA" means the New Jersey Department of Community
					 Affairs.
"Delegable portions of a school facilities project" means
					 the portions of a school facilities project that are eligible for delegation to
					 an SDA school district, which are limited to some or all of the
					 following:
1. Construction administration;
2. Construction; and/or
3. Demolition services.
"Demolition services" means the removal of asbestos and
					 hazardous building materials, such as lighting fixtures, and thermostats
					 containing mercury, air conditioning units containing chlorofluorocarbons
					 (CFCs) and light ballasts containing PCBs, followed by the razing of existing
					 structures and removal of building foundations not beneficial to the
					 construction of the proposed school facilities project, disposal of demolition
					 debris and the backfill of the demolition area with fill suitable for
					 unrestricted residential use, and the removal of underground storage tanks and
					 associated remediation of any soil impacted by a discharge from the
					 tank.
"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 grant agreement and thereafter.
"Development Authority," "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 the entity formed
					 pursuant to P.L. 2007, c.
					 137, as successor to the New Jersey Schools
					 Construction Corporation.
"Disbursement" means a release of a portion of the grant to
					 the SDA school district to pay for approved costs.
"District assessment committee" means a committee comprised
					 of Authority staff, including, but not limited to, personnel with expertise in
					 the areas of strategic planning, facilities project planning, budgeting, real
					 estate services and procurement activities, with responsibility for evaluating
					 and assessing an SDA school district's ability to manage school facilities
					 projects.
"Event of default" means any event specified in
					 19:34B-1.4.
"Excess costs" means the additional costs of the school
					 facilities project, if any, which shall be borne by the SDA school
					 district.
"Final completion" means that point in time on the school
					 facilities project when the project is 100 percent complete and:
1. All requirements of the construction contract have been
					 completed;
2. All items on the punch list have been performed;
					 and
3. A certificate of occupancy, or a certificate of
					 acceptance, as applicable, has been issued by DCA.
"Final eligible costs" means the calculation of costs as
					 determined pursuant to
					 18A:7G-5.h(2) and
					 6A:26-3.5, and for purposes of the
					 grant agreement, shall be set forth in the final project report.
"Final grant amount" means the final amount of the grant as
					 determined by the Authority, in accordance with
					 19:34B-5.1.
"Final project report" means the report prepared by the
					 Department pursuant to
					 6A:26-3.5(i) 
					 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 SDA school
					 district by the Authority to pay for the approved costs subject to the terms
					 and conditions of the grant agreement.
"Grant agreement" means the agreement (and all attachments
					 thereto) by and among the Authority, the Commissioner of Education and an SDA
					 school district setting forth the contractual terms and conditions under which
					 the Authority funds the State share in connection with the portion of a school
					 facilities project delegated by the Authority to an SDA school district
					 pursuant to this chapter.
"Key district personnel" means those individuals identified
					 by the SDA school district with overall district management responsibility for
					 functions including, but not limited to, administrative, financial and
					 facilities oversight, who shall serve as the principal contacts for the
					 Authority's district assessment committee.
"Key project management personnel" means those individuals
					 identified by the SDA school district, including school district staff and
					 professional consultants, with management responsibility for administration of
					 maintenance and school facilities, who shall serve as the principal contacts
					 for the Authority's project assessment committee.
"Licensed site remediation professional" means an
					 individual who is licensed pursuant to
					 section
					 7 of
					 P.L.
					 2009, c. 60
					 (58:10C-7 ), by the Site
					 Remediation Professional Licensing Board established pursuant to
					 section
					 3 of
					 P.L.
					 2009, c. 60
					 (58:10C-3 ), or by the Department
					 of Environmental Protection pursuant to
					 section
					 12 of
					 P.L.
					 2009, c. 60
					 (58:10C-12 ).
"Local share" means the total costs of the school
					 facilities project less the State share as determined pursuant to section 5 of
					 the Act.
"Long range facility 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.
"Lot and block designation" means the identification of the
					 boundaries and location of a parcel of land by reference to the parcel's unique
					 lot and block numbers as that parcel is represented on the currently applicable
					 municipal tax assessment map.
"NJEDA" means the New Jersey Economic Development Authority
					 established pursuant to P.L. 1974, c. 80 (34:1B-1 et seq.).
"Other capital projects" means all projects or portions
					 thereof that are not eligible for State support under the Act, as defined in
					 N.J.A.C. 6A:26.
"Project assessment committee" means the committee,
					 comprised of staff of the Authority, with expertise in the area of project
					 management and project controls, including budgeting and scheduling and grants
					 administration, which evaluates the ability of a school district to manage the
					 delegable portions of a particular school facilities project.
"Project charter" means the document that sets forth the
					 scope, budget and schedule of a school facilities project, which is approved by
					 the Board of the Authority and updated from time to time during the course of
					 the school facilities project with Board approval.
"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 with
					 18A:18A-1.
"Punch list" means the contract document used to organize
					 the completion of a school facilities project. The punch list is created by the
					 design consultant for a project and includes a list of the incomplete or
					 defective work to be performed or remedied by the contractor in order to
					 complete the school facilities project.
"Remedial Action Work Plan" or "RAWP" means the written
					 documentation prepared and certified by licensed site remediation professionals
					 to satisfy New Jersey Technical Requirements for Site Remediation (N.J.A.C.
					 7:26E-6.2 ). The RAWP will include, among other things, a summary of findings
					 and recommendations generated by any Remedial Investigation Report, an
					 identification of areas of concern, and a detailed description of the remedial
					 action to be conducted and the remedial technology to be employed on the
					 project site.
"Required maintenance" means the specific maintenance
					 activities required for system warranty purposes which are approved for repairs
					 and replacements for the purpose of keeping a school facility open and safe for
					 use or in its original condition, including repairs and replacements to a
					 school facility's heating, lighting, ventilation, security and other fixtures
					 to keep the facility or fixtures in effective working condition, as more
					 particularly set forth in
					 6A:26-1.2.
"Routine maintenance" means contracted custodial or
					 janitorial services, expenditures for the cleaning of a school facility or its
					 fixtures, the care and upkeep of grounds or parking lots, and the cleaning of,
					 or repairs and replacements to, movable furnishings or equipment, as set forth
					 in N.J.A.C. 6A:26-1.2.
"School district" or "SDA school district" means 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.
"School facilities project" means the planning,
					 acquisition, demolition, 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, site acquisition, site
					 development, 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.
"School facility" means and includes any structure,
					 building or facility used wholly or in part for educational purposes by a
					 school district and facilities that physically support such structures,
					 buildings and facilities such as district wastewater treatment facilities,
					 power generating facilities, steam generating facilities, but shall exclude
					 other facilities.
"Section 13D Maintenance Agreement" means the Educational
					 Facilities Construction and Financing Act Section 13D Maintenance Agreement
					 between the school district and the Authority which provides for the
					 maintenance of school facilities projects by the district commencing upon
					 substantial completion of a project.
"State Comptroller" means the Office of State Comptroller,
					 created pursuant to
					 P.L.
					 2007, c. 52, in, but
					 not of, the State Department of Treasury, which is responsible for financial
					 auditing; performance and management reviews; and contract procurement reviews,
					 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 of a school facilities project as determined pursuant to
					 section 5 of the Act (18A:7G-5 ). For the
					 SDA districts, the "State share" equals 100 percent of the final eligible costs
					 of a school facilities project.
"Substantial completion" means that point in time on the
					 school facilities project when all of the following have occurred:
1. All essential requirements of the construction contract
					 have been performed so that the purpose of the construction contract is
					 accomplished;
2. A Temporary Certificate of Occupancy has been issued by
					 the DCA;
3. The punch list has been created;
4. There are no material omissions or technical defects or
					 deficiencies, as identified by the Authority; and
5. The school facilities project is 100 percent ready for
					 occupancy in accordance with its intended use.
"Tax lot" means a particular parcel of land, the location
					 and boundaries of which are identified by reference to the parcel's unique lot
					 and block numbers as that parcel is represented on the currently applicable
					 municipal tax assessment map.
"Termination" means the cancellation of the grant agreement
					 by the Authority as a result of:
1. An event of default or other noncompliance;
2. The failure by the school district to obtain the local
					 share (if applicable) within one year of the Department determination of final
					 eligible costs;
3. Mutual consent of the parties; or
4. Upon the Authority's determination that termination is
					 in the best interests of the school facilities project.
"Total costs" means the actual total amount spent on the
					 school facilities project.
"Work" means all work performed by the contractor and its
					 subcontractors and suppliers, including providing all material, equipment,
					 tools and labor, necessary to complete the construction of the school
					 facilities project, as described in and reasonably inferred from the
					 construction contract.
(b)
				  Words and terms implementing the Act but not defined in this section shall have
				  the meanings defined in N.J.A.C. 19:34 and 19:34A.