N.J. Admin. Code § 19:34A-1.2 - Definitions
"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
"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 N.J.A.C. 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 N.J.S.A. 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 N.J.S.A. 18A:7G-5(h)(2) and N.J.A.C. 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 N.J.A.C. 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 N.J.S.A. 18A:7G-4 and N.J.A.C. 6A:26-2 and an "approved LRFP" means an LRFP approved by the Commissioner pursuant to N.J.S.A. 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 (N.J.S.A. 34:1B-1 et seq.).
"Preconstruction approval" means the approval by the Department issued pursuant to N.J.A.C. 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 N.J.S.A. 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 N.J.A.C. 6A:26-3.5(c).
"PSCL" means the Public School Contracts Law, N.J.S.A. 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 N.J.A.C. 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.
"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.
"State Comptroller" means the Office of State Comptroller,
created pursuant to
P.L.
"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.
Notes
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