Current through Register Vol. 54, No. 7, April 4, 2022
projects for which a Level 1 or Level 2 environmental review is required in
and 10.5, respectively, this
section provides the method the Department will use to determine both the
estimated and final allowance under
planning and design. The Pinelands
grant or loan agreement will include an estimate of the allowance.
(b) The Pinelands Infrastructure Trust share
of the allowance may be up to 100 percent of the allowance and shall be based
upon the percentage of the Pinelands Infrastructure Trust share of the
allowable building cost.
allowance is not intended to reimburse the recipient for costs actually
incurred for planning or design. Rather, the allowance is intended to assist in
defraying those costs. Under this procedure, questions of equity (that is,
reimbursement on a dollar-for-dollar basis) will not be appropriate.
(d) The estimated and final allowance will be
determined in accordance with this section and Table 1 below. In the event that
the recipient received a Federal grant or a Pinelands grant or loan for
facilities planning, the amount of the allowance is computed by subtracting the
amount of the other State or Federal funding for facilities planning funding
from the appropriate allowance computed using Table 1.
The initial allowable building cost is
the initial allowable cost of erecting, altering, remodeling, improving, or
extending wastewater treatment facilities, whether accomplished through
subagreement or force account. Specifically, the initial allowable building
cost is the allowable cost of the following:
1. The initial award amount of all prime
subagreements for building the project;
2. The initial amounts approved for force
account work performed in lieu of awarding a subagreement for building the
3. The purchase price of
eligible real property.
(f) The estimated allowance is to be based on
the estimate of the initial allowable building cost.
(g) The final allowance will be determined
one time only for each project, based on the initial allowable building cost,
and will not be adjusted for subsequent cost increases or decreases.
(h) The recipient may request payment of 50
percent of the Pinelands Infrastructure Trust share of the estimated allowance
immediately after the Pinelands Infrastructure Trust loan award. Final payment
of the Pinelands Infrastructure Trust share of the allowance may be requested
in the first disbursement after the recipient has awarded all prime
subagreements for building the project, received the Department's approval for
force account work, and completed the acquisition of all eligible real
The allowance does
not include architect or engineering services provided during the building of
the project, e.g., reviewing bids, checking shop drawings, reviewing change
orders, making periodic visits to job sites, etc. Architect or engineering
services during the building of the project are allowable costs subject to this
regulation and the Local Public Contracts Law (N.J.S.A.
et seq.) or the New Jersey
Wastewater Treatment Privatization Act (N.J.S.A.
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