N.J. Admin. Code § 19:34B-1.2
"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.
N.J. Admin. Code § 19:34B-1.2