Code of Massachusetts Regulations
963 CMR - MASS. SCHOOL BUILDING AUTHORITY
Title 963 CMR 2.00 - School Building Grant Program
Section 2.02 - Definitions

Current through Register 1531, September 27, 2024

As used in 963 CMR 2.00, the following terms shall have the meanings set forth in M.G.L. c. 70B:

Alternatives to Construction

Total Facilities Grant

For the purposes of 963 CMR 2.00, the following terms shall have the meaning set forth, unless the context clearly requires otherwise:

Accelerated Repair Program means the program operated by the Authority to provide reimbursement to Eligible Applicants invited into the Authority's capital pipeline for the replacement or repair of building systems as may be determined by the Authority, contingent upon available funding and capacity in the capital pipeline. A city, town, regional school district or independent agricultural and technical school shall not have entitlement to funds except at the discretion of the Authority.

Application means a series of documents, forms, letters, statements, certifications, plans, studies, drawings, and other data and information required by the Authority to be submitted within the deadlines and in the format prescribed by the Authority. The Application may include, but not necessarily be limited to, at the discretion of the Authority, Initial Compliance Certification, Design and Educational Program, Budget Statement for Educational Objectives, Educational Facility Master Plan, facilities assessment, Feasibility Study, Project Scope and Budget Agreement, copies of the vote of the Board of the Authority, copies of the certified local approval in the format prescribed by the Authority, an executed Project Funding Agreement, and any other documents, forms, letters, statements, certifications, plans, studies, drawings, data or other information as required by the Authority.

Approved Project means a Proposed Project for a municipally- or regionally-owned school facility that has submitted a Statement of Interest to the Authority and has completed all phases of the Application process to the satisfaction of the Authority, in the sole discretion of the Authority, including:

No Proposed Project shall be considered an Approved Project prior to a vote of the Board of the Authority for project approval, as authorized by the Authority's by-laws, receipt by the Authority of a properly certified local vote(s) for the Proposed Project in the format prescribed by the Authority, and the execution of a Project Funding Agreement between the Eligible Applicant and the Authority. The authorization of an Approved Project may be rescinded by the Authority in accordance with 963 CMR 2.00 and M.G.L. c. 70B.

Assisted Facility means a school facility that has received or is receiving any portion of a Total Facilities Grant pursuant to M.G.L. c. 70B, St. 1948, c. 645, or St. 2004, chs. 208 and 210.

Audit means an examination by the Authority and/or its designee of Audit Materials as shall be submitted in a form or manner as prescribed by the Authority to determine the eligible, Approved Project cost pursuant to the "MSBA Audit Guidelines", M.G.L. c. 70B and 963 CMR 2.00.

Audit Materials means all papers, invoices, votes, contracts, agreements, change orders, progress reports, purchase orders, on-site observation of construction materials and methods, financing information, bonding schedules and other documents related to an Approved Project and any other documents or information that may be requested or required by the Authority.

Authority means the Massachusetts School Building Authority, established by M.G.L. c. 70B and St. 2004, c. 208, and, where the context requires, the Authority's officers and staff exercising functions and powers.

Board means the Board of Directors of the Massachusetts School Building Authority.

Budget Statement for Educational Objectives. means the statement, in a format prescribed by the Authority, that shall include, but not be limited to, the following: as described in the Design and Educational Program, a summary of the Eligible Applicant's curriculum goals for the district and the Proposed Project, school and grade configuration policies, class size policies, teaching philosophy and methods, curriculum delivery goals, a detailed description of program activities in order to determine functional need and ultimately the design of the building, a detailed listing of all sources and uses of operation and capital funds used for the delivery of education by the Eligible Applicant in the current Fiscal Year and for the previous three Fiscal Years, and a three year projection for the projected sources and uses of funds related to the operating budget and capital budget for the proposed educational program.

Core Program means the major construction program operated by the Authority to provide reimbursement to Eligible Applicants for renovations, additions, and new construction for districts invited into the Authority's capital pipeline. A city, town, regional school district or independent agricultural and technical school shall not have entitlement to funds except at the discretion of the Authority.

Design and Educational Program means a numerical and written description of a specific educational program for a specified number of students, in a format prescribed by the Authority, together with an itemization of spaces needed to support the educational program, complete to the degree that a designer may use it as the basic document from which to create the design of a school facility. A Design and Educational Program shall include, but not be limited to, the instructional programs, grade configuration, type of facility, the spatial relationships for the functions housed at the facility, the number of students, a list of any specialized classrooms or major support areas, non-instructional support areas, or external activity spaces, gross and net square footage of any affected existing facility, the overall security and security measures taken to safeguard the facility and its occupants, the school administrative organization, the hours of operation that include the instructional day, extracurricular activities, and any public access or community use. The Design and Educational Program shall begin with a thorough, in-depth explanation of curriculum goals and instructional activities that occur within the learning environment. The Design and Educational Program shall comply with the applicable law and applicable Massachusetts Department of Elementary and Secondary Education regulations including but not limited to, regulations relative to curriculum and program. A Design and Educational Program shall include an itemization of each functional space and determination of square footage allocations to determine total building square footage and establish a realistic construction budget.

Eligible Applicant means the chief executive official where prescribed by statute or charter of the city, town, regional school district or independent agricultural and technical school or, where the context requires, the chief executive officer's agent or staff, or a local official as submitted by the city, town, regional school district or independent agricultural and technical school and approved by the Authority.

Enrollment Projection means the enrollment projection developed by the Authority using the Authority's enrollment projection model and shall not include incoming school choice students.

Fiscal Year means the year beginning July 1st and ending the following June 30th, unless otherwise determined by the Authority.

Green Schools Program Guidelines means the document developed and updated by the Authority establishing, the criteria that shall provide the basis for minimum sustainability standards and the allocation of Energy Efficiency incentive percentage points described in 963 CMR 2.10(3)(b).

Initial Compliance Certification means the statement by which the Eligible Applicant certifies to the Authority that the Eligible Applicant has met or will meet the General Requirements of 963 CMR 2.00, that shall include, but not be limited to, the following: that the Eligible Applicant has provided the Authority with all Audit Materials for any Assisted Facility requested by the Authority; that the Eligible Applicant has expended the minimum maintenance expenditure requirements pursuant to M.G.L. c. 70B, § 8; that the Eligible Applicant is current on any payments which it may owe the Authority; that the Proposed Project is not due to the negligence or lack of maintenance of the Eligible Applicant; that the Eligible Applicant shall use all standard forms, standard format for local votes or approvals, standard contract documents, standard contract language established by the Authority; that the Eligible Applicant agrees to the provisions of M.G.L. c. 70B, § 9(a); and, that the Eligible Applicant shall comply and submit to the Authority any other certifications, statements, or forms which the Authority may develop.

MSBA Audit Guidelines means the document developed and updated by the Authority outlining the Audit policies and procedures of the Authority.

MSBA Space Standards and Guidelines means the document developed by the Authority that contains an itemized listing of educational spaces and square footages that comprise a model program for an elementary school, middle school and high school, or other grade configurations developed by the Authority, based upon varying levels of enrollment as determined by the Authority. The gross square footage are inclusive of all spaces to be designed in an Approved Project.

Model School Program means a program that seeks to effectively adapt and re-use the design of successful, recently constructed schools.

Owner's Project Manager means an individual or other entity who is engaged in the practice of providing project management services for the construction and supervision of construction of buildings and has at least five years experience in construction and supervision of construction of buildings or a person, if not registered as an architect or professional engineer, who has at least seven years experience in the construction and supervision of construction buildings pursuant to M.G.L. c. 149, § 44A1/2. In conformance with this requirement, a firm that is providing OPM services to an Owner on an MSBA funded project must provide those services using a designated "Project Director" who meets those statutory qualifications.

Post Occupancy Evaluation means a systematic assessment of occupied facilities to ensure that the MSBA's policies and procedures support its mission to promote the design and construction of educationally appropriate, flexible, sustainable, and cost effective public school facilities.

Project Documents means the agreements, contracts, and other documents, including, but not limited to, the owner-contractor agreement, advertisements, instructions to bidders, bidding documents, requests for qualifications, contract forms, conditions of the contract, specifications, drawings, all addenda issued prior to execution of a contract, and other documents listed in any such agreement and modifications issued after execution of a contract, executed by and between an Eligible Applicant, the designer, the contractor, the sub-contractors, or any other parties that set forth the terms, conditions, requirements, and specifications for the design and construction of the Approved Project. The Project Documents shall also at all times include a current construction schedule, a current total project budget, and a current cash flow projection. In the case of Construction Manager at Risk projects, documents shall include, but not be limited to, requests for proposals, proposals, evaluation of said proposals, and the Construction Manager at Risk contract including the guaranteed maximum price amendment.

Project Funding Agreement means the contract, in the format prescribed by the Authority, between the Eligible Applicant and the Authority governing the relationship between the Eligible Applicant and the Authority during the process from design through construction and completion and final audit of an Approved Project. The Project Funding Agreement shall include but not be limited to, a description of project scope, the total project budget, the Total Facilities Grant, timeline for design, construction and completion of an Approved Project, requirements for requesting and receiving reimbursement from the Authority, and other certifications and documents as required by the Authority.

Progress Payments means the process by which an Eligible Applicant, after executing a Feasibility Study Agreement or Project Funding Agreement, shall on a monthly basis or at such other times as may be required by the Authority, submit to the Authority project invoices, payment warrants, cancelled checks or other documentation as required by the Authority, that detail the project costs that have been incurred by the Eligible Applicant on standard request for reimbursement forms as prescribed by the Authority. The Authority may review properly submitted forms and reimburse the Eligible Applicant for the amount approved by the Authority within 15 days, less any adjustments made by the Authority through the Audit process. The Authority reserves the right to adjust any current or subsequent request for reimbursement to account for ineligible costs or other adjustments as determined by the Authority.

Proposed Project means any project for a municipally or regionally owned or leased school facility proposed by an Eligible Applicant, but not yet approved by the Authority, including, but not limited to, construction of a new school facility, addition to an existing school facility, renovation of an existing school facility, or repair or replacement of any eligible part of a school facility.

Statement of Interest means the document developed and updated by the Authority, used by an Eligible Applicant to submit to the Authority what the Eligible Applicant believes are the deficiencies in the Eligible Applicant's respective school facilities that meet one or more of the statutory priorities set forth in M.G.L. c. 70B, § 8. A Statement of Interest shall be approved by a vote of the applicable local governing body or bodies, as set forth in the Statement of Interest and in a form prescribed by the Authority. Said Statement of Interest shall be accompanied by such additional forms, documents, and information as the Authority shall deem necessary to review the Statement of Interest. The submission of a Statement of Interest to the Authority shall not commit the Authority to accept any Application materials, approve an Application, or provide a grant or any other type of funding, or place any other obligation or requirement upon the Authority.