963 CMR 2.00 — MSBA Regulations

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

This document reflects revisions to 963 CMR 2.06(7), 963 CMR 2.09(6), 963 CMR 2.10(3), 963 CMR 2.10(8), and 963 CMR 2.18(6) that were promulgated on November 28, 2008; revisions to 963 CMR 2.18 that were promulgated on October 17, 2009; revisions to 963 CMR 2.04 and 963 CMR 2.06 that were promulgated on April 16, 2010; and revisions to 963 CMR 2.00 that were promulgated on May 10, 2024.

963 CMR 2.00: SCHOOL BUILDING GRANT PROGRAM

Section

963 CMR 2.00 MSBA Regulations

2.01 Authority, Applicability, Scope and Purpose

2.01: Authority, Applicability, Scope and Purpose

2.02 Definitions

2.02: Definitions

2.03 General Requirements

2.03: General Requirements 2.04 Application and Approval Process

2.05 Statement of Interest Process

2.05: Statement of Interest Process

2.06 Eligibility Period – Module 1

2.06: Eligibility Period – Module 1

2.07 Forming the Project Team – Module 2

2.07: Forming the Project Team – Module 2

2.08 Feasibility Study – Module 3

2.08: Feasibility Study – Module 3

2.09 Schematic Design – Module 4

2.09: Schematic Design – Module 4

2.10 Funding the Project – Module 5

2.10: Funding the Project – Module 5

2.11 Detailed Design – Module 6

2.11: Detailed Design – Module 6

2.12 Construction – Module 7

2.12: Construction – Module 7

2.13 Completing the Project – Module 8

2.13: Completing the Project – Module 8

2.14 Post Occupancy Evaluation – Module 9

2.14: Post Occupancy Evaluation – Module 9

2.15 Accelerated Repair Program

2.15: Accelerated Repair Program

2.16 Model School Program

2.16: Model School Program

2.17 Audit Procedures

2.17: Audit Procedures

2.01 Authority, Applicability, Scope and Purpose

2.01: Authority, Applicability, Scope and Purpose

(1) 963 CMR 2.00 is promulgated by the Massachusetts School Building Authority (“Authority” or “MSBA”) established by M.G.L. c. 70B pursuant to rulemaking authority conferred by M.G.L. c. 70B and St. 2004, c. 208 for the implementation of that statute and the school building grant program it establishes, all is consistent with M.G.L. c. 30 and 30A.

(2) The provisions of 963 CMR 2.00 shall apply to all cities, towns, regional school districts, and independent agricultural and technical schools, and all projects for which an Eligible Applicant is seeking and/or receiving funds for a portion of a municipally owned or regionally owned school facility from the Authority pursuant to M.G.L. c. 70B. The provisions of 963 CMR 2.00 are intended to govern the relationship between the Authority and all cities, towns, regional school districts, and independent agricultural and technical schools with respect to such projects and are not intended to confer rights, enforcement prerogatives, or causes of action on third parties, including contractors, abutters, or members of the general public.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

(3) Except with respect to the express provisions of 963 CMR 2.00 or as otherwise provided by law, including St. 2004, c. 208, all school projects previously awarded school building assistance grants by the Massachusetts Department of Education or grandfathered under the provisions of St. 2004, c. 208, § 45 shall continue to be governed by the provisions of 603 CMR 38.00 and Massachusetts Department of Education policies, guidelines, and practices and any amendments, clarifications, interpretations, policies or guidelines related to said 603 CMR 38.00 developed or implemented by the Authority.

(4) No city, town, regional school district, or independent agricultural and technical school shall have any entitlement to funds under M.G.L. c. 70B or the provisions of 963 CMR 2.00.

(5) 963 CMR 2.00 sets forth the Authority’s authority and responsibilities to achieve the effective planning, management and financial sustainability of a program to provide partial funding for the construction, renovation or repair of municipally or regionally owned school facilities and sets forth the requirements which shall be met, the standards which shall be applied, and the procedures which shall be followed in the application for and the awarding of Authority school building funds. The Authority may issue supplemental policies, rules, guidelines, guidance documents, advisories, and/or administrative procedures to assist in the implementation and administration of M.G.L. c. 70B and 963 CMR 2.00.

(6) Cities, towns, regional school districts, and independent agricultural and technical schools are responsible for the administration and success of a project, and the provision of technical advice, guidance, approvals, or funds, if any, by the Authority shall not in any way be construed, interpreted or deemed to imply that the Authority shall have any responsibility for the administration or success of the project. Although cities, towns, regional school districts, and independent agricultural and technical schools are encouraged to seek the advice and opinion of the Authority on issues that may arise regarding the project, advice provided by the Authority shall not transfer the responsibility for final decisions from cities, towns, regional school districts, and independent agricultural and technical schools to the Authority, nor render the Authority responsible for any such advice.

(7) Total Facilities Grants awarded by the Authority pursuant to M.G.L. c. 70B and 963 CMR 2.00, if any, shall be used in conformance with M.G.L. c. 70B, St. 2004, c. 208, 963 CMR 2.00, the provisions of the Project Funding Agreement and any other documents, contracts, forms, statements, certifications or other documents required by the Authority, to achieve the grant objectives and to ensure that the purposes set forth in M.G.L. c. 70B and 963 CMR 2.00 are fully executed.

(8) The Authority shall not distribute any grant amounts in excess of the limitations established in M.G.L. c. 70B, § 7.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

2.02 Definitions

2.02: Definitions

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: (a) a vote of the Board of the Authority, as authorized by the Authority’s by-laws, for project approval; (b) properly certified local vote(s) for the Proposed Project in the format prescribed by the Authority; and (c) an executed Project Funding Agreement between the Eligible Applicant and the Authority.

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

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

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.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

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 1 st and ending the following June 30 th , 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

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

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 is 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

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

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.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

2.03 General Requirements

2.03: General Requirements

(1) To achieve the effective planning, management and financial sustainability of a program to partially fund the construction, renovation, addition or repair of municipally or regionally owned school facilities located in cities, towns and regional school districts, the Authority hereby sets forth the minimum requirements which shall be met, the standards which shall be applied, and the procedures which shall be followed in the application for, and awarding of, Authority school building grants. Any project must meet the criteria set forth for projects pursuant to M.G.L. c. 70B including, but not necessarily limited to, M.G.L. c. 70B, §§ 6(a)(1) through (6), (8) and 9(a).

(2) A Proposed Project for which the estimated total budget is less than $250,000, as determined by the Authority, shall not be eligible for approval by the Authority as an Approved Project and the Authority shall have no obligation to provide a review of a Statement of Interest or any Application materials for said Proposed Project, and any Application materials submitted by the Eligible Applicant shall not warrant further consideration.

(3) For any proposed project for which a Total Facilities Grant is requested from the Authority, the Eligible Applicant shall certify that the following requirements have been or will be met. Such certifications shall be in a format and manner that is acceptable to the Authority.

(a) The Eligible Applicant shall certify to the Authority that the Authority’s interests in partially funding a municipally or regionally owned public school construction project will be safeguarded.

(b) Any project for the construction of a new school facility, or for the addition to or renovation of an existing school facility for which an Eligible Applicant is seeking partial funding from the Authority shall have an anticipated useful life of at least 50 years as a public school in the Eligible Applicant’s school district.

(c) The Eligible Applicant has submitted all Audit Materials that have been requested by the Authority or are otherwise due to the Authority, has a signed Project Funding Agreement for any other Assisted Facility or Approved Project as requested by the Authority, that the Eligible Applicant is current on any payments which it may owe to the Authority and that the Eligible Applicant has submitted all documentation or information required or requested by the Authority.

(d) The Eligible Applicant shall be current on any payments which it may owe to the Authority.

(e) The Eligible Applicant shall have submitted all documentation or information required or requested by the Authority.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

(f) The Eligible Applicant shall not submit a Statement of Interest or an Application that is a result of lack of maintenance or negligence caused by the Eligible Applicant.

(g) All projects shall be designed to minimize vandalism, and materials and furnishings shall be selected to minimize vandalism.

(h) All projects shall provide for equality of educational opportunity without discrimination on account of sex, race, color, religion, gender identity, sexual orientation or national origin, and shall meet the requirements of M.G.L. c. 76, § 5 and 603 CMR 26.00.

(i) All projects shall comply with all applicable provisions of federal, state, and local law relative to the accessibility of programs and facilities to persons with disabilities.

(j) All projects shall have undergone review, in accordance with applicable state law and regulations, to the extent applicable to the project, by the Massachusetts Historical Commission, the Executive Office of Energy and Environmental Affairs, and any other department or agency of the Commonwealth required by law to review such projects. The Eligible Applicant shall provide to the Authority written documentation of the reviews conducted herein in such detail and in such format as the Authority shall require.

(k) All projects shall have undergone review, in accordance with applicable federal, state and local or district charters, by-laws, ordinances or regulations, including but not limited to conservation, fire prevention, water, sewer or building code requirements. The Eligible Applicant shall provide to the Authority documentation of the reviews conducted herein in such detail and in such format as the Authority may require.

(l) All Eligible Applicants shall demonstrate that they have identified any collaborative programs in the school district not currently housed in public school facilities, and have reviewed any such programs to determine if students in such programs can be better served by the project.

(m) All Eligible Applicants shall acknowledge and assume responsibility for the administration and success of an Approved Project. The provision of technical advice, guidance, approvals, or funds, if any, by the Authority shall not in any way be construed, interpreted or deemed to imply that the Authority shall have any responsibility for the administration or success of the Approved Project.

(n) All Eligible Applicants shall certify that Total Facilities Grants awarded by the Authority pursuant to M.G.L. c. 70B and 963 CMR 2.00, if any, shall be used in conformance with M.G.L. c. 70B and St. 2004, c. 208, the provisions of the Project Funding

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

Agreement and any other documents, contracts, forms, statements, certifications or other documents required by the Authority, to achieve the grant objectives and to insure that the purposes set forth in M.G.L. c. 70B and 963 CMR 2.00 are fully executed.

(o) All Eligible Applicants shall submit documentation supporting the anticipated impact on operating costs of implementing the project in such detail and format as required by the Authority, including but not limited to, an estimate of the costs of additional maintenance spending required of the Eligible Applicant, the costs of additional instructional or support staff spending, additional utility costs, the costs of additional transportation, if any, and the estimated revenue, if any, from the sale or lease of any school facility decommissioned as a result of implementing the project.

(p) All Eligible Applicants shall use the standard forms, standard format for local votes or approvals, standard contracts, standard clauses for contracts, and any other standard forms, contracts or other language as developed by the Authority.

(q) The Eligible Applicant shall certify to the Authority, in a format and manner prescribed by the Authority, that the Eligible Applicant, or his designee who will be in charge of procurement for a project as approved by the Authority, is designated as a Massachusetts Certified Public Purchasing Official in the Massachusetts Certified Public Purchasing Official Program as administered by the Inspector General of the Commonwealth of Massachusetts (“MCPPO Designation”). In order to maintain the MCPPO Designation, an individual who has attained an MCPPO Designation shall be required to earn continuing education credits, attend seminars administered by the Office of the Inspector General, and apply for MCPPO Designation Renewal during the three year period following the designation date and every three years thereafter.

(r) All Eligible Applicants shall ensure that procurements and contracts shall be procured using applicable state procurement and public contract laws.

(s) All Eligible Applicants shall ensure that any parties procured and contracted by them to perform work on an Approved Project are in compliance with M.G.L. c. 268A, whenever applicable.

(t) All Eligible Applicants within the Core Program shall review the Authority’s Collaborative Purchasing Program to assess whether this Program is beneficial to the District.

(u) All Eligible Applicants within the Core Program shall review the Model School Program and investigate whether a Model School should be studied during Feasibility Study.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

(v) The Authority may require that the Eligible Applicant make additional certifications related to a proposed project. Such certifications shall be provided in a format and manner that is acceptable to the Authority.

(4) Foundation Budget Requirements

(a) Pursuant to M.G.L. c. 70B, § 8, the Authority shall not approve any Proposed Project for any school district that fails to spend in the year preceding the year of application at least 50% of the sum of said school district's calculated foundation budget amounts for the purposes of foundation utility and ordinary maintenance expenses, and extraordinary maintenance allotment as defined in M.G.L. c. 70, for said purposes. From Fiscal Year 1999 forward, no school district shall be given approval for a Proposed Project nor receive school facilities funds unless said district has spent at least 50% of the sum of said district's calculated foundation budget amounts in each of the Fiscal Years including and succeeding Fiscal Year 1999.

(b) If an otherwise Eligible Applicant fails to maintain compliance with the building maintenance requirements of M.G.L. c. 70, 963 CMR 2.00, or any guidelines, policies or procedures established by the Authority, said Eligible Applicant shall be prohibited from receiving a Total Facilities Grant, or any portion thereof, for at least one year and shall be subject to a review by the Authority to determine, that after said prohibition, said Eligible Applicant has complied with said requirements.

(5) Program Integrity

(a) Where the Authority determines that false or intentionally misleading information or documentation was submitted to the Authority by an Eligible Applicant, its agents, a city, town, regional school district, or independent agricultural and technical school in support of any effort to influence any action by the Authority, or an Eligible Applicant, its agents, a city, town, regional school district, or independent agricultural and technical school does any other act affecting the integrity of the Program, the Authority may permanently revoke any and all payments due to a city, town, regional school district, or independent agricultural and technical school with a vote of the Board.

(b) The Authority may also take steps to recover any previous payments made to a city, town, regional school district, or independent agricultural and technical school and/or said city, town, regional school district, or independent agricultural and technical school shall be prohibited from receiving a Total Facilities Grant for a period of time to be determined by the Authority. The Eligible Applicant may be given an opportunity to address the Authority to remedy any or all determinations of such false or intentionally misleading information.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

(6) Waivers

The Authority may, at its sole discretion and upon written application in a format prescribed by the Authority and with the written recommendation of the Executive Director to the Board, grant a prospective or retroactive waiver of any of the requirements of 963 CMR 2.00, subject to any conditions the Board may see fit to impose. The grant of any such waiver shall not entitle the same or any other applicant to the same or similar waiver relief.

(7) Closed Schools

(a) A school district shall notify the Authority in writing, in a format prescribed by the Authority, six months prior to the sale, lease or removal from service as a public school building of any school facility, or portion thereof, in said district. The school district may be required to submit:

a plan for accommodating any displaced school programs and services;
a plan for accommodating district students within the remaining school buildings, as a result of the sale, lease or removal from service of said school facility;
a long-range plan for accommodating district students based on the Authority’s Enrollment Projections;
any future plans for the sale or lease of property under control of the school district;
any future plans for the construction, renovation, addition or lease of school facilities in the school district; or
other information required by the Authority.

(b) If the Authority determines that said facility that will be sold, leased or removed from service is an Assisted Facility or was an Assisted Facility that has received a payment from the Authority or the Commonwealth, but has not met the 50-year service requirement, the Authority may recapture a portion of the financial assistance that said Assisted Facility has received. In its sole discretion, the Authority may apply a 20-year service requirement to Accelerated Repair Program projects or other projects.

(d) The sale, lease or removal from service of the Assisted Facility, or portion of that facility, shall be for no less than fair market value as determined by independent appraisal as agreed to by the Authority, unless the school district receives prior written approval from the Authority to do otherwise, and the proceeds from the sale or lease, or the determined fair market value for a facility removed from service, shall be divided between the Authority

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

and the general funds of the applicable school district in proportion to the Commonwealth’s and/or Authority’s prior investments in the Assisted Facility.

(e) If a school district were to apply to the Authority for a grant, after having sold, leased or removed from service a school facility, said district may be eligible for a grant only if the Authority determines that the grant is not for the purpose of replacing a school facility sold, leased, or removed from service in the past ten years or that the need for the grant could not have been reasonably anticipated at the time of the sale, lease, or removal from service.

(f) The Authority may issue additional guidelines to recapture Commonwealth and/or Authority assistance for Assisted Facilities that are sold, leased or removed from service.

2.04 Application and Approval Process

(1) The Authority shall approve Applications in accordance with 963 CMR 2.00, the priority criteria established in M.G. L. c. 70B, including but not limited to, M.G.L. c. 70B, §§ 6, 8, and 9(a), and other policies, requirements and guidelines as the Authority may determine are necessary for the approval of a Proposed Project.

(2) The Authority may rescind approval of an Approved Project at any time and collect any funds it has paid an Eligible Applicant if the Eligible Applicant, or his agent, does not comply with the statutes, regulations, guidelines and/or policies of the Authority.

(3) The Authority shall not accept an Application or approve funding for any Proposed Project from an Eligible Applicant that, in the reasonable judgment of the Authority, is the result of negligence or a lack of routine maintenance.

(4) The initial step in the Authority’s grant process is for an Eligible Applicant to file a Statement of Interest to alert the Authority of the Eligible Applicant’s interest in participating in the Authority’s grant program. Upon review of the Statement of Interest, an Eligible Applicant may be invited to participate in the Authority’s grant program process.

(5) The Application and Approval process is a multitiered process that requires an Eligible Applicant to work through the Authority’s modules and obtain multiple approval votes by the Authority’s Board of Directors.

2.05 Statement of Interest Process

2.05: Statement of Interest Process

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

(1) To be considered by the Authority to participate in the Authority’s grant program , an Eligible Applicant shall submit a Statement of Interest to the Authority according to the schedule set by the Authority or in accordance with the Emergency Statement of Interest process set forth in 963 CMR 2.05(9). Any Statement of Interest which is received after the deadline established by the Authority, or which is not completed to the satisfaction of the Authority, may not be considered by the Authority during that Statement of Interest assessment period. The submission of a Statement of Interest in no way commits the Authority to accept any Application materials, approve an Application, provide a grant or any other type of funding, or places any other obligation or requirement upon the Authority. The Authority expects that the Statement of Interest can be completed at no cost to the Eligible Applicant, and any costs incurred by an Eligible Applicant in connection with considering, completing and/or submitting a Statement of Interest to the Authority shall not be eligible for reimbursement by the Authority and shall be borne solely by the Eligible Applicant. Design documents, plans, schematics or drawings will not be accepted by the Authority with any Statement of Interest submission to the Authority.

(2) Statements of Interest will be reviewed by the Authority for the Core Program or the Accelerated Repair Program or any other programs that may be established by the Authority. A Statement of Interest will be reviewed in the cohort of Statements of Interest received during a specified Statement of Interest assessment period.

(3) No Statement of Interest shall be considered by the Authority unless said Statement of Interest has been submitted in compliance with the provisions stated in the Statement of Interest, including an approval by a vote of the appropriate governing bodies of the Eligible Applicant, which in the case of a regional school district shall be the regional school committee.

(4) The Authority shall review Statements of Interest pursuant to the priority criteria established by M.G.L. c. 70B, including but not limited to M.G.L. c. 70B, §§ 6, 8, and 9(a). The Authority shall review all properly submitted Statements of Interest in the context of the Authority’s Enrollment Projections for the Eligible Applicant, general building condition data collected by the Authority and any other information or data as the Authority may deem to be necessary for review. The Authority shall notify an Eligible Applicant if the Authority determines that the Statement of Interest has not met the criteria established in M.G.L. c. 70B, §§ 6, 8, and 9(a).

(5) If the Authority determines that the Statement of Interest and any associated material merit further consideration, the Authority may, in its sole discretion, invite the Eligible Applicant to apply to the Authority for a school facilities grant to meet a portion of the cost of a school project. A city, town, regional school district or independent agricultural and technical school shall have no entitlement to any funds from the Authority. If the Authority determines, in its sole discretion, that a Statement of Interest does not merit further consideration by the Authority, the Eligible Applicant shall not be eligible to apply to the Authority for a Proposed Project related to said Statement of Interest in that Statement of Interest assessment period.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

(6) Facilities Assessment.

(a) The Authority may determine that a study is necessary to understand the extent of deficiencies outlined in the Statement of Interest. The Authority, in cooperation with the Eligible Applicant, may conduct a study of the facility addressed in the Statement of Interest or any facilities relevant to the facility addressed in the Statement of Interest, as determined by the Authority.

(b) The study, if any, shall be conducted by the Authority in a format and manner prescribed by the Authority and the Authority shall pay for a portion of the costs of conducting such study, in accordance with M.G.L. c. 70B, 963 CMR 2.00, and other guidelines of the Authority, provided that the Eligible Applicant fully cooperates with the Authority in conducting such study. The Eligible Applicant shall provide complete access to its school facilities for the purposes of conducting a study. In the event that the Eligible Applicant does not cooperate with the Authority in conducting a study, which, in the reasonable judgment of the Authority results in a delay of the study or a delay in the Application process, the Authority may decline further consideration of the Eligible Applicant’s Application, require that the Eligible Applicant pay for all or a portion of said study, and/or deduct a portion or all of the cost of the study from any Total Facilities Grant for which the Eligible Applicant may receive approval from the Authority or from any other funds provided to the Eligible Applicant from the Authority.

(c) The study shall include an assessment of the Eligible Applicant’s maintenance process and a review of the maintenance practices and procedures in place at the school and district level. Such maintenance review shall be conducted in a format and manner prescribed by the Authority and the information collected at this time shall be used as part of the assessment of incentive percentage points for maintenance ratings, if any, that may be made available by the Authority to an Eligible Applicant pursuant to M.G.L c. 70B, § 10.

(d) At the conclusion of such study, the Authority may determine that the Application does not warrant further consideration at that time, pursuant to the priority criteria established in M.G.L. c. 70B, including but not limited to M.G.L. c. 70B, §§ 6, 8, and 9(a).

(e) The Authority shall bear no responsibility for a decision not to undertake a study or the results of any study undertaken. In the event that the Authority decides to conduct a study, the conducting of said study shall in no way be construed, interpreted or deemed to imply any responsibility on the part of the Authority for the results of said study, nor shall the Authority assume any duty or responsibility with respect to the maintenance, renovation, repair, or construction of any school facility that may be assessed. In the event that the

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

Authority decides to conduct a study, the Authority shall not be responsible for identifying any unsafe or unhealthy facility conditions.

(7) Educational Facilities Capital Plan

(a) An Eligible Applicant may be required to have a current educational facilities capital plan that includes both a long term and a short-term plan for facilities and an updated building inventory, and other information as may be required by the Authority.

(b) If the Authority determines that a Proposed Project deems to merit further consideration, the Authority may require that an Eligible Applicant submit an educational facilities capital plan, in a format acceptable to the Authority.

(c) If a city, town, regional school district, or independent agricultural and technical school district has previously entered the Eligibility Period but failed to complete the Project for any reason, including a failed local project funding vote, the Authority may require that a current educational facilities capital plan be submitted prior to the District entering Eligibility Period again.

(8) A Statement of Interest may not be considered by the Authority for the purposes of student overcrowding if the Authority determines, in its sole discretion, that such overcrowding is the result of district student assignment policies which created such overcrowding or district operational budget constraints which caused the vacancy of classrooms or the overcrowding of classrooms due to personnel reductions.

(9) Emergency Statement of Interest Process

(a) If a school facility, that has been in regular use as a school facility, has been damaged or destroyed by reason of fire, flood, explosion, earth movement, extreme weather conditions, or other unforeseen, extreme facility failure (“Emergency Condition”), such that all or a substantial part of the school facility that is used for educational purposes has been declared unsafe and unfit for student occupancy by the appropriate governmental agency, but excluding any such conditions attributable to neglect or lack of maintenance, the Authority may accept an Emergency Statement of Interest from an Eligible Applicant subject to the following conditions:

The Authority is a payor of last resort in the event of an Emergency Condition described herein. If, at any time, the Authority determines, in its sole discretion, that insurance proceeds, damages, awards, payments, grants or donations recovered by a city, town, regional school district, or independent agricultural and technical school (“District”), or which the District is eligible to recover, from insurers, responsible

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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parties or any other funding sources for the repair, reconstruction or replacement of a school facility damaged or destroyed by an Emergency Condition meet or exceed the estimated costs of replacing, reconstructing, or repairing the school facility such that the educational and instructional program is restored to that which existed prior to the Emergency Condition, the Authority shall have no obligation to accept an Emergency Statement of Interest or to take any further action to advance an Emergency Statement of Interest that has been submitted, unless otherwise agreed by the Authority in writing. Any Proposed Project that is initiated by the submission of an Emergency Statement of Interest shall only be eligible for reimbursement of project costs, in accordance with the provisions of M.G.L. c. 70B and 963 CMR 2.00, that the Authority determines are necessary to replace, reconstruct, or repair a school facility so that the educational and instructional program is restored to the condition that existed prior to the Emergency Condition. Any additional improvements that the Authority determines exceed those necessary to restore the educational and instructional program to that which existed prior to the Emergency Condition shall be considered only as part of a Statement of Interest submitted under 963 CMR 2.05(1), unless otherwise agreed by the Authority in writing.

The confirmation of an Emergency Condition by the Authority as described herein, the submission of an Emergency Statement of Interest to the Authority, the acceptance of an Emergency Statement of Interest by the Authority, and/or the inspection or investigation of an Emergency Condition, shall in no way commit the Authority to accept any Application materials, approve an Application, provide a grant or any other type of funding, or place any other obligation or requirement upon the Authority. A District shall have no entitlement to any funds from the Authority.
An Eligible Applicant who has reason to believe that a potential Emergency Condition exists in a school facility shall as soon as practicable, but in no event later than three (3) business days after such Emergency Condition becomes known to the Eligible Applicant, notify the Authority in writing of the potential Emergency Condition and shall as soon as practicable thereafter provide the Authority with any and all information that the Authority may request in its evaluation of the potential Emergency Condition.
By no later than ten (10) calendar days after the potential Emergency Condition becomes known to the Eligible Applicant, the Eligible Applicant may submit a written request to the Authority for confirmation of the potential Emergency Condition. The written request shall include: a detailed description of the events resulting in the potential Emergency Condition, evidence sufficient to show that an authorized public safety official has declared the school facility unsafe and unfit for student occupancy; a certification by a professional engineer, or other appropriate licensed professional, that the school facility is unsafe and unfit for student

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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occupancy; a statement describing the educational impact and hardship caused to the District by the potential Emergency Condition; and a summary of the steps that the District has taken to accommodate the students displaced by the potential Emergency Condition. Upon receipt of the District’s written request, the Authority may assign one or more representatives to inspect and investigate the potential Emergency Condition, to evaluate the damage, and to meet with local officials.

The Eligible Applicant shall give the Authority a reasonable opportunity to inspect and investigate the potential Emergency Condition. To the extent possible, the Eligible Applicant shall give the Authority prior written notice of any demolition activity and shall allow the Authority to inspect and investigate the potential Emergency Condition prior to any demolition.
The Eligible Applicant shall cooperate with the Authority in its inspection and investigation of the potential Emergency Condition. The Eligible Applicant shall allow the Authority to have access to the affected school facility, police and fire reports, all correspondence, reports and other documents received from or sent to the District’s insurers, and all other documentation that the Authority may request. The Eligible Applicant shall promptly submit to the Authority any documentation or information requested by the Authority, including, but not limited to, any certifications, statements, forms, or applications that the Authority may require.
After the Authority has had a reasonable opportunity to inspect and investigate the potential Emergency Condition and after the Authority has received all documentation, information, certifications, statements, applications, reports, and forms that it has requested, the Authority shall determine, in its sole discretion, whether an Emergency Condition exists.
If the Authority has confirmed in writing that an Emergency Condition exists, the Eligible Applicant may, at the direction of the Authority, submit an Emergency Statement of Interest to the Authority in such format as the Authority may develop no later than 30 calendar days after such confirmation by the Authority. The Authority shall not accept an Emergency Statement of Interest unless the Authority has confirmed the existence of an Emergency Condition.
The Authority may take whatever action it deems reasonable and necessary, in its sole discretion, to expedite the processing of an Emergency Statement of Interest but, except as otherwise provided in this subsection, an Emergency Statement of Interest shall be processed and considered in accordance with the provisions of M.G.L. c. 70B and 963 CMR 2.00.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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(b) Emergency Stabilization: As a further condition of the Authority’s acceptance of an Emergency Statement of Interest, when a potential Emergency Condition arises, the Eligible Applicant shall forthwith undertake whatever actions are reasonable and necessary to alleviate the potential Emergency Condition; to mitigate the damage or harm to the school facility and to the educational and instructional program; to prevent further damage, harm or deterioration; to make the school facility safe and fit for student occupancy, in whole or in part; and to restore the educational and instructional program, to the extent possible. The Eligible Applicant shall be required to demonstrate to the Authority’s satisfaction that it has undertaken, and will continue to undertake, the Emergency Stabilization measures required herein. Costs incurred for Emergency Stabilization shall be the sole responsibility of the Eligible Applicant and shall not be eligible for reimbursement from the Authority.

(c) Eligible Applicant’s Duty to Exhaust Alternative Sources of Funding: In the event of an Emergency Condition, the Authority shall be a payor of last resort. To be eligible for a school facilities grant on account of an Emergency Condition, an Eligible Applicant shall have a continuing duty to demonstrate to the Authority’s satisfaction that it is using its best efforts to file, perfect, advance, prosecute and, if necessary, litigate any claims that it may have against any responsible insurer, any responsible party, and/or any other available source of funding, and to recover the maximum amount of insurance proceeds, damages, or other payments that are available to be applied against the cost of replacement, reconstruction, or repair of the affected school facility. Any costs incurred by an Eligible Applicant in filing, perfecting, prosecuting, advancing or litigating any claims or in fulfilling any requirements imposed by this section shall be the sole responsibility of the Eligible Applicant and shall not be eligible for reimbursement from the Authority.

Insurance Claims: For purposes of these regulations only, if an Emergency Condition is or may be covered by an insurance policy either carried by the District and/or on which the District is an additional insured party, the Eligible Applicant shall use its best efforts to file, perfect, prosecute, advance and, if necessary, litigate its claims under any applicable insurance policies; to fulfill any obligations or conditions imposed by the insurer under any applicable insurance policies, and to recover the maximum amount of proceeds available under the applicable policies.
Responsible Parties: For purposes of these regulations only, the Eligible Applicant shall use its best efforts to identify any additional parties, including but not limited to independent contractors, subcontractors, manufacturers, vendors or individuals, who may be responsible for the Emergency Condition. The Eligible Applicant shall use its best efforts to give notice to any such potentially responsible parties and their insurers; to give any such responsible parties and their insurers a reasonable opportunity to inspect and investigate the Emergency Condition; and to file, perfect, prosecute, advance and, if necessary, litigate its claims against any such responsible parties. This provision shall also apply to claims under product and

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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service warranties, contracts, indemnification agreements and any other potential sources of recovery.

(d) Application of Insurance Proceeds, Damages Awards, Grants, Donations, and other Payments: In the event that an Emergency Statement of Interest results in an Approved Project, if an Eligible Applicant recovers, has recovered, or was eligible to recover any insurance proceeds, damages, awards, payments, grants or donations from insurers, responsible parties or any other funding sources related to the Emergency Condition, other than funding from the Authority, that can be applied to the costs of replacing, reconstructing, or repairing the affected school facility, all such proceeds, damages, awards, payments, grants, and/or donations shall be used solely for that purpose. If the total amount of said proceeds, damages, awards, payments, grants and/or donations meet or exceed the total eligible costs of an Approved Project, as determined by the Authority, the Authority shall be reimbursed for its share of the amount of total eligible costs and any excess amounts shall be retained by the Eligible Applicant. If the total amount of proceeds, damages, awards, payments, grants and/or donations are less than the total amount of eligible costs, as determined by the Authority, then such amounts shall be deducted from said total amount of eligible costs and the remaining amount of eligible costs shall be apportioned according to the applicable reimbursement rate, as determined by the Authority.

(e) Insurance for School Facilities: In order to be eligible for a school building grant initiated by an Emergency Statement of Interest, each city, town, regional school district and independent agricultural and technical school shall obtain and maintain, at its sole expense, an insurance policy providing coverages, standard extensions of coverage and optional extensions of coverage as needed to insure against damage, destruction or loss of its school facilities, including both real property and personal property within school facilities, resulting from accident, equipment breakdown, fire, flood, earth movement, lightning, aircraft, explosion, riot, civil commotion, smoke, vehicles, wind or hail, malicious mischief, leakage or accidental discharge from fire protection systems, collapse, terrorism and any other perils commonly insured against in such types and in such amounts as are sufficient to cover the replacement cost for repair, replacement, or reconstruction of school facilities as well as the replacement cost of personal property contained in school facilities. The insurance policy shall also contain, at a minimum, such coverages, standard extensions of coverage and optional extensions of coverage as are sufficient to cover demolition costs, operation of building laws, increased construction cost, extra expense during a period of restoration, debris removal and relocation costs related to a covered loss. A city, town, regional school district or independent agricultural and technical school shall make the certificate of insurance evidencing the insurance coverage for school facilities that is required by this section available to the Authority upon request.

(f) Maintenance of Smoke and Fire Alarm Systems and Fire Suppression Systems: In order to be eligible for a school building grant initiated by an Emergency Statement of Interest,

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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each city, town, regional school district and independent agricultural and technical school shall establish and fund by sufficient appropriation a maintenance program to maintain and keep in good repair existing smoke and fire alarm systems and existing fire suppression systems in school facilities.

(g) An Emergency Statement of Interest may be considered by the Authority outside of the Statement of Interest submission period. An Emergency Statement of Interest shall consist of the application materials that the Authority requires, in its sole discretion. The Authority may utilize a different set of processes for projects accepted pursuant to an Emergency Statement of Interest in order to increase efficiencies. The Eligible Applicant for any school which is further considered pursuant to an Emergency Statement of Interest shall follow all processes, policies and procedures prescribed by the Authority.

2.06 Eligibility Period – Module 1

2.06: Eligibility Period – Module 1

(1) Eligible Applicants that submit a Statement of Interest for consideration in the Core Program that, upon assessment, are approved by the Board of Directors of the Authority to proceed in the grant program, are first invited into the Eligibility Period phase of the Authority’s grant program.

(2) Upon the commencement of the Eligible Applicant’s Eligibility Period, the Eligible Applicant shall complete certain preliminary requirements within a timeframe prescribed by the Authority, including but not limited to, the requirements listed below. (a) Initial Compliance Certification The Authority shall not consider an Application if an Initial Compliance Certification has not been properly submitted to the Authority by the Eligible Applicant in the format developed by the Authority. The Initial Compliance Certification contains general program requirements to which the Eligible Applicant shall certify, some of which requirements are listed in 963 CMR 2.03(3). The Eligible Applicant shall certify in the Initial Compliance Certification current and future compliance with the provisions of the rules, regulations, policies and procedures of the Authority.

(b) School Building Committee Formation

The Eligible Applicant shall formulate a school building committee for the purpose of generally monitoring the Application process and to advise the Eligible Applicant during the construction of an Approved Project.
The school building committee shall be formed in accordance with the provisions of the Eligible Applicant’s local charter and/or by-laws and it is recommended that the city, town, regional school district, or independent agricultural and technical school make a reasonable effort to include one or more of the following individuals:

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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the local chief executive officer of the Eligible Applicant, or, in the case of a town whose local chief executive officer is a multi-party body, said body may elect one of its members to serve on the school building committee; the town administrator, town manager, or city manager, where applicable; at least one member of the school committee, as required by M.G.L. c. 71, § 68; the superintendent of schools; the local official responsible for building maintenance; a representative of the office or body authorized by law to construct school buildings in that city, town or regional school district, or for that independent agricultural and technical school; the school principal from the subject school; a member who has knowledge of the educational mission and function of the facility; a local budget official or member of the local finance committee; and members of the community with architecture, engineering and/or construction experience. 3. The Authority may hold “best practices” information sessions for the purposes of keeping school building committees up to date on regulatory and policy activities of the Authority. 4. The Eligible Applicant shall submit to the Authority for its approval, a written statement describing the composition of the school building committee and the role of the school building committee in monitoring the Application process and advising the Eligible Applicant during the construction of the Approved Project. The written statement shall be in a format prescribed by the Authority. 5. The Authority shall approve the composition of the school building committee which approval shall not be unreasonably withheld. The Authority’s approval will be based on several factors, including, but not limited to: the composition of the school building committee and the extent to which there is representation of the municipal government; school district personnel with management, educational and maintenance expertise; and representation of members of the local community with design and construction experience. After the approval of the school building committee by the Authority, if any, the Eligible Applicant shall notify the Authority in writing within 20 business days of any changes to the membership or the duties of said committee. The Eligible Applicant shall make a reasonable effort to ensure the continuity of membership of the school building committee throughout the life of an Approved Project. 6. The Eligible Applicant shall not delegate their fiduciary responsibilities to the School Building Committee.

The Eligible Applicant shall complete an Educational Profile Questionnaire, in a format prescribed by the Authority, to further inform the Authority’s understanding of the District’s current and proposed educational facilities, teaching methodologies, grade configurations and program offerings.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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(d) Maintenance Summary

The Eligible Applicant shall submit to the Authority a summary of the District’s existing maintenance practices, in a format prescribed by the Authority.

(e) Enrollment Certification

An Eligible Applicant must submit to the Authority enrollment information and related documentation using the Authority’s on-line enrollment projection system or as may otherwise be requested by the Authority.
The Authority and the Eligible Applicant shall have an enrollment conference to review the Enrollment Projection and discuss any supporting documentation that the Eligible Applicant may have provided. After the enrollment conference, the Eligible Applicant shall sign a study or design enrollment certification that documents the Enrollment Projection which shall be the basis for a potential project. No potential project shall progress though the Authority’s capital pipeline process beyond this phase without the Eligible Applicant signing and submitting to the Authority the signed enrollment certification.
If a study enrollment certification is issued to the Eligible Applicant to study multiple enrollment options, the Authority shall update the certification to reflect the design enrollment that aligns with the Eligible Applicant’s preferred schematic following approval of the Eligible Applicant’s preferred schematic design by the Authority’s Board of Directors.
If a design enrollment certification is agreed upon and executed by the Eligible Applicant, it shall not be adjusted for the life of the project without approval of the Board.

(f) Community Authorization

The Eligible Applicant shall submit to the Authority confirmation of community authorization and funding to proceed, such documentation shall be in the format prescribed by the Authority.

(g) Feasibility Study Agreement

The Eligible Applicant shall execute the Authority’s standard Feasibility Study Agreement, which establishes the amount that the Authority has agreed to consider for reimbursement, a process for the District to be reimbursed for eligible costs, and a duration of work for the Feasibility Study.

(3) Invitation to Feasibility Study

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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Eligible Applicants that successfully complete the Eligibility Period requirements to the satisfaction of the Authority are eligible to receive an invitation from the Authority’s Board of Directors to the Feasibility Study phase of the Authority’s grant program.

(4) Districts that do not successfully complete the Eligibility Period requirements within the time period prescribed by the Authority shall be removed from the Authority’s grant program unless the Authority provides an extension to complete such requirements. Such Eligible Applicants shall have to re-file Statement of Interest during the next open Statement of Interest filing period.

(5) An invitation to the Eligibility Period is not an invitation to Feasibility Study and it does not guarantee an invitation to the MSBA’s capital pipeline.

2.07 Forming the Project Team – Module 2

2.07: Forming the Project Team – Module 2

(1) Following the Eligibility Period and a successful Board of Directors vote to be invited into the Feasibility Study phase of the Authority’s grant program, the Eligible Applicant will work with the Authority to form the project team and select an Owner’s Project Manager and a Designer.

(2) Owner’s Project Manager

(a) If the estimated construction, renovation, reconstruction or repair cost of the Approved Project is estimated to be $1,500,000 or greater, or if so required by the Authority as a condition to qualify for funding from the Authority, the Eligible Applicant shall procure the services of an Owner’s Project Manager pursuant to the provisions of M.G.L. c. 149, § 44A½, 963 CMR 2.00 and any guidelines established by the Authority, and shall use standard contract forms established by the Authority.

(b) Prior to publishing an advertisement to procure an Owner’s Project Manager, the Eligible Applicant shall review and adhere to the Authority’s Owner’s Project Manager Selection Guidelines. Requirements of such Guidelines may include but are not limited to, identification of a procurement administrator who may be a voting member of the Selection Committee identified by the School Building Committee. The Eligible Applicant shall use forms and processes that are acceptable to the Authority.

(c) Prior to executing a contract with the Owner’s Project Manager, the Eligible Applicant shall request the Authority’s approval of the Owner’s Project Manager, in a form prescribed by the Authority and attend a meeting of the Authority’s Owner’s Project Manager Review Panel to present their selection of an Owner’s Project Manager. The Authority shall, in its sole discretion, approve or disapprove of the selection of the Owner’s Project Manager. The Authority may collect and maintain performance evaluation data relative to Owner’s

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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Project Managers that have been approved by the Authority on school projects and such performance evaluation data may be utilized in the Owner’s Project Manager approval process. In the event that the Authority determines that an Owner’s Project Manager is not performing to the satisfaction of the Authority, the Authority retains the right to rescind its approval of an Owner’s Project Manager at any time or withhold initial approval based on the performance evaluation data that has been collected by the Authority. The Authority may determine that expenditures or project costs related to an Owner’s Project Manager whose approval has been rescinded are ineligible costs and not reimbursable.

(d) Prior to executing a contract with the Owner’s Project Manager, the Eligible Applicant shall submit documentation to the Authority describing in sufficient detail the selection process utilized in procuring the Owner’s Project Manager and certifying in writing to the Authority that the Applicant used a qualifications-based selection process pursuant to M.G.L. c. 149, § 44A½.

(e) In the event that the Eligible Applicant elects to change the Owner’s Project Manager during the course of the Approved Project, the Eligible Applicant shall notify the Authority in the format prescribed by the Authority 30 calendar days prior to the effective date of any such change. The Authority shall, in its sole discretion, approve or disapprove of the change of the Owner’s Project Manager prior to said change becoming effective, which approval shall not be unreasonably withheld.

(f) The duties of the Owner’s Project Manager shall include, but not necessarily be limited to:

managing and coordinating the daily administration of the Approved Project to completion and final audit;
reviewing and submitting deliverables, in accordance with the requirements and timeline established by the Authority;
monitoring and reporting on the project schedule, total project budget and cash flow;
monitoring and reporting on the Requests for Information from the general contractor to the designer or to anyone else on the project team;
monitoring and reporting on the performance of the general contractor and providing administration of the contract between the Eligible Applicant and the general contractor;
monitoring and reporting on the performance of the designer and providing administration of the contract between the Eligible Applicant and the designer;
assisting the Eligible Applicant in the procurement of other vendors and contractors and execution of other contracts and agreements associated with the Approved Project;
maintaining all records and reports related to the project;

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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assisting the Eligible Applicant in preparation of requests for reimbursements, and other documentation required to be submitted to the Authority;
assisting the Eligible Applicant with completing the DCAMM Standard Contractor Evaluation Form at fifty percent project completion and at final completion of the project. Further, the Owner’s Project Manager shall assist the Eligible Applicant with completing and filing with the Authority the Authority’s 50% DCAMM Notification form and 100% DCAMM Notification form;
assisting the Eligible Applicant with completing the DCAMM Standard Designer Evaluation Form at the completion of Schematic Design, at the completion of 100% construction documents, and at final General Contractor/Construction Manager payment. Further, the Owner’s Project Manager shall assist the Eligible Applicant with completing and filing with the Authority the Authority’s Designer Evaluation Notification form at the completion of each of these three project phases;
providing representation at meetings related to the project and at the construction site;
notifying, in a timely fashion, the Eligible Applicant and the Authority of defective work; and
any other requirements pursuant to 963 CMR 2.00, guidelines, policies or the standard contract as developed by the Authority.

(g) During the course of the Approved Project, the Eligible Applicant shall require the Owner’s Project Manager to submit a timely, monthly report of the progress of the Approved Project, including cash flow projections, Affirmative Marketing Program Goals, Workforce Participation Goals for Minorities and Women, and a project schedule, to the Authority. The monthly reports shall be in writing in a form acceptable to the Authority.

(h) During the course of the Approved Project, the Eligible Applicant shall investigate and review, and shall require the Owner’s Project Manager to investigate and review, the progress and quality of construction.

(i) The Authority maintains the right to direct the Eligible Applicant to remove the Owner’s Project Manager for noncompliance with any applicable provisions of federal, state or local laws, 963 CMR 2.00, any other regulations, the terms and conditions of the Project Funding Agreement between the Eligible Applicant and the Authority, or any administrative directives issued by the Authority now in effect or hereafter promulgated and/or any guidelines, policies or rules established by the Authority.

(j) In the event that a dispute arises between the general contractor, and/or any sub- contractors, and/or the designer, including, but not necessarily limited to, disputes regarding the performance, quality, acceptability, fitness and rate of progress of the Approved Project

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or the requirements of the designer’s contract or the contractors’ construction contract(s), the Eligible Applicant shall cause the Owner’s Project Manager to report any such claims, disputes, or other matters in question relating to the performance by the general contractor, sub-contractor, designer or vendor to the Authority in writing as soon as reasonably possible. The Eligible Applicant shall require the Owner’s Project Manager to take all reasonable efforts designed to resolve any such claims, disputes, or other matters in question.

(k) The Eligible Applicant shall provide the Authority and the Owner’s Project Manager with unrestricted access to the premises of the project at all reasonable times and to examine all agreements, construction contract documents, books, records and all other documents and materials related to the project, for the purpose of determining compliance with 963 CMR 2.00, the Project Funding Agreement and assessing the progress of the project.

(l) Nothing in 963 CMR 2.00 shall be construed as an assumption by the Owner’s Project Manager of the responsibilities or duties of the vendors, contractors or designer. The Owner’s Project Manager’s services shall be rendered based on industry standards and in coordination with the services provided by the designer. It is not intended that the services of the Owner’s Project Manager and designer be competitive or duplicative, but rather complementary. The Owner’s Project Manager shall be able to rely upon the vendors, designers and contractors for the proper performance of their obligations pursuant to their respective contracts with the Eligible Applicant.

(m) The Owner’s Project Manager shall certify to the Authority, in a format and manner prescribed by the Authority, that the project director for the Owner’s Project Manager is certified in the Massachusetts Certified Public Purchasing Official Program for School Project Designers and Owner’s Project Managers as administered by the Inspector General of the Commonwealth of Massachusetts.

(3) Designer Services

(a) The Authority has established a Designer Selection Panel for the selection of designers, programmers and other entities in connection with public school construction projects seeking funding from the Authority where the estimated construction cost is greater than or equal to an amount established by the Authority.

(b) Eligible Applicants seeking funding from the Authority for projects where the estimated construction cost is less than an amount established by the Authority, shall be conducted pursuant to M.G.L c. 7C, §54 by the respective city, town, regional school district or independent agricultural and technical school, unless otherwise determined by the Authority. In such cases, prior to executing a contract with the designer, the Eligible Applicant shall submit documentation to the Authority describing in sufficient detail the

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selection process utilized in procuring the designer and certifying in writing to the Authority that the Eligible Applicant used a selection process pursuant to M.G.L c. 7C, §54.

(c) The Authority shall, in its sole discretion, approve or disapprove of the appointment of the designer which approval shall not be unreasonably withheld. The Authority may maintain performance evaluation data relative to designers that have provided designer services for school projects and such performance evaluation data may be utilized in the Designer Selection process.

(d) In the event that the Eligible Applicant changes the designer during the course of the Approved Project, the Eligible Applicant shall notify the Authority in writing, 30 days prior to the effective date of any such change. The Authority shall, in its sole discretion, approve or disapprove of the change of the designer prior to said change becoming effective, which approval shall not be unreasonably withheld.

(e) When contracting for designer services for an Approved Project, the Eligible Applicant shall use standard contract forms established by the Authority.

(f) The designer shall certify to the Authority, in a format and manner prescribed by the Authority, that the individual directly in charge of the project is certified in the Massachusetts Certified Public Purchasing Official Program for School Project Designers and Owner’s Project Managers as administered by the Inspector General of the Commonwealth of Massachusetts.

2.08 Feasibility Study – Module 3

2.08: Feasibility Study – Module 3

(1) Following the selection of an Owner’s Project Manager and a Designer, the Eligible Applicant shall conduct a Feasibility Study in accordance with the Authority’s Feasibility Study requirements.

(a) The Authority shall require that a Feasibility Study be performed to understand the extent of deficiencies identified in the Statement of Interest or the facilities assessment, if one was performed and to begin to explore the formulation of a solution to those deficiencies as outlined in the Eligible Applicant’s Statement of Interest. The Authority may require the Eligible Applicant to conduct a Feasibility Study of the facility addressed in the Statement of Interest and/or any other facilities relevant to the facility addressed in the Statement of Interest.

(b) The Feasibility Study shall be performed at a time and in a format and manner prescribed by the Authority and the Authority may reimburse the Eligible Applicant for a portion of the costs of conducting such Feasibility Study, provided that the Eligible

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Applicant fully cooperates with the Authority in conducting such Feasibility Study. Feasibility Studies conducted unilaterally by the Eligible Applicant, or without the prior written acknowledgement and concurrence of the Authority, or in a manner or format not acceptable to the Authority, or that, in the discretion of the Authority, do not contain the required information or were not conducted in a manner and format consistent with guidelines developed by the Authority, may, in the sole discretion of the Authority, be non- reimbursable and will be entirely at the expense of the Eligible Applicant and the results of any such Feasibility Study may not be accepted by the Authority, all in its sole discretion. The Eligible Applicant shall provide complete access to its school facilities for the purposes of conducting a Feasibility Study. In the event that the Eligible Applicant does not cooperate with the Authority in conducting a Feasibility Study, which, in the reasonable judgment of the Authority results in a delay of the Feasibility Study or a delay in the application process, or conducts a Feasibility Study that is unacceptable to the Authority, the Authority may decline further consideration of the Eligible Applicant’s Application, decline to reimburse the Eligible Applicant for any costs associated with the Feasibility Study or deduct a portion of the Feasibility Study costs from any Total Facilities Grant which the Eligible Applicant may receive approval from the Authority or from any other funds provided to the Eligible Applicant from the Authority. The Authority reserves the right to require an Eligible Applicant to revise a Feasibility Study or conduct a new Feasibility Study.

(c) The Eligible Applicant shall submit to the Authority progress reports, draft copies, documentation and/or other information on the Feasibility Study at predetermined benchmarks while said Study is being conducted.

(d) The purpose of the Feasibility Study is to investigate potential options and solutions, including cost estimates in a format prescribed by the Authority, for the deficiencies and issues identified in the facilities assessment or study, if any assessment was performed, the Design and Educational Program, the Educational Facilities Capital Plan, if any, the Enrollment Projection, and in the properly submitted Statement of Interest by an Eligible Applicant. The Feasibility Study shall be conducted in accordance with the guidelines established by the Authority. Said guidelines may require Authority participation in the execution of the Feasibility Study as well as include multiple steps requiring Authority approval at the conclusion of each step.

(e) The Feasibility Study shall include, but not be limited to:

an examination and identification of potential alternatives to construction or renovation of a facility, whether or not such alternatives are eligible for Authority reimbursement;
at least one alternative that shall be an analysis of a code update/base repair option to document the potential use and value of the existing school facility and to be used as a benchmark for comparative analysis of all other alternatives;

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an analysis of school district student school assignment practices and an analysis of available space in other school facilities in the district;
consideration of utilization of under-utilized or vacant facilities potentially available for the proposed use for the Proposed Project;
consideration of the lease, rental or acquisition of existing buildings that could be made available for school use pursuant to M.G.L. c. 70B, § 8;
consideration of the use of regionalizing or tuition agreements with adjacent school districts pursuant to M.G.L. c. 70B, § 8;
a detailed and itemized cost estimate for each alternative;
an evaluation of the environmental and cost impact of construction phasing on students and staff occupying a renovated building, and any relocation options or off- hour construction that may be required for each alternative;
an evaluation of the existing conditions at no more than three sites, unless otherwise determined by the Authority, which shall include, but not be limited to, a geotechnical evaluation and soils exploration, a Phase I Initial Site Investigation conforming to 310 CMR 40.00, performed by a licensed site professional.

(f) The Feasibility Study shall include a review of the District’s operational and capital budget and said review shall include, but not be limited to:

a review and analysis of the Budget Statement for Educational Objectives;
a review and analysis of the District’s operating and capital budget;
consideration of the ability of the District to support the operating and capital costs of each alternative, including the increased costs of professional development and instructional, utilities, maintenance and transportation support and any debt service associated with each alternative, which may be in addition to costs already being incurred. The Authority may require that the Feasibility Study shall include a plan for each alternative studied showing how the district intends to fund all costs associated with that alternative. Said review and analysis, if required, shall be in format determined by the Authority.

(g) The Authority, in its sole discretion, may share in a portion of the costs associated with the Feasibility Study provided that the Eligible Applicant has cooperated in all aspects of the Study and the Application process. The Authority reserves the right to approve all costs associated with any Feasibility Study for which an Eligible Applicant is seeking reimbursement from the Authority and no Eligible Applicant shall enter into a contract for the provision of services related to the Feasibility Study without prior written approval from the Authority. The Eligible Applicant shall use the standard contracts developed by the Authority. In the event that the Authority decides to share in a portion of the costs associated with the Feasibility Study, the Authority shall calculate its share of approved

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costs of the Feasibility Study using the formula set forth in M.G.L. c. 70B, § 10 (a), except that no incentive percentage points, as described in M.G.L. c. 70B, § 10 (a)(C), shall be awarded at the time of the Feasibility Study Agreement.

(h) In the event that the Authority determines there are extraordinary or non-customary costs that are not warranted, the Authority may require the Eligible Applicant to fund all said extraordinary or non-customary costs and the Authority may determine that all costs associated with the Feasibility Study are non-reimbursable and that the Eligible Applicant fund all costs associated with the Feasibility Study.

(i) The Authority may require the Eligible Applicant to fully fund certain environmental or geotechnical site testing costs beyond initial investigatory costs.

(j) The Eligible Applicant shall provide the Authority with the results of environmental assessment or assessments, if any. For purposes of 963 CMR § 2.08, the assessment of environmental factors is required primarily to assess the feasibility and cost of construction and operation of a potential project to address the deficiencies identified in the Statement of Interest. The requirement of a Feasibility Study and Schematic Design is separate and independent of any applicable requirements of the Massachusetts Environmental Protection Act (MEPA) and MEPA regulations, including the filing of an Environmental Notification Form (ENF) and MEPA review procedures.

(k) The Authority shall bear no responsibility for the findings or results of any Feasibility Study, environmental assessment, geotechnical site testing, nor for any site remediation, clean-up or other site remediation services. By requiring an Eligible Applicant to undertake a Feasibility Study, the Authority is in no way assuming any duty to ensure that a site of a Project is not contaminated or environmentally unsafe. Nothing stated herein shall preclude an Eligible Applicant from holding public forums, meetings, or discussions regarding any elements of an application or project.

(l) The final Feasibility Study Report shall be in the format prescribed by the Authority and shall include, but not be limited to, a detailed scope of the Proposed Project, architectural and site drawings as required to convey a successful organization of spaces that will satisfy the special and organizational requirements of the approved Design and Educational Program, a description of the major building construction systems which are proposed for the Proposed Project, a budget cost estimate in the format and in as much detail as required by the Authority, a projected cash-flow, permitting requirements, a proposed project design and construction schedule including consideration of phasing of the Proposed Project, sustainable design goals including minimization of environmental and transportation impacts, and ways the Proposed Project can meet those goals, and elements of construction or demolition waste that would be recyclable.

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(m) At the conclusion of the Feasibility Study, the Authority may determine that the Application does not warrant further consideration at that time, pursuant to the priority criteria established in M.G.L. c. 70B, including but not limited to M.G.L. c. 70B, §§ 6, 8, and 9(a).

(n) In the event an Eligible Applicant receives a grant for a Feasibility Study but does not complete a project, the Authority shall not later pay for duplicative costs for a subsequent feasibility study if the Eligible Applicant later returns to the Authority’s pipeline for the same school or same facility issues. The Authority may decline to provide any grant funding for any or all portions of a second or subsequent Feasibility Study conducted for the same school or same facility issues.

(2) Design and Educational Program and Budget Statement for Educational Objectives

(a) As part of the Feasibility Study phase, the Eligible Applicant shall submit, in the format prescribed by the Authority, a Design and Educational Program, and a Budget Statement for Educational Objectives. The Eligible Applicant shall outline the specific educational program goals for a Proposed Project and how the Eligible Applicant proposes to align those goals with the operating budget for the District and Proposed Project.

(b) The Design and Educational Program shall be subject to the approval of the Authority. The Authority may provide, when in the discretion of the Authority it is necessary, technical assistance to the Eligible Applicant with the development of Design and Educational Program elements. The Authority may review the Budget Statement for Educational Objectives in the context of the Design and Educational Program, and the Authority may consult the Division of Local Services at the Massachusetts Department of Revenue. The Authority may require that the Eligible Applicant make changes, adjustments or modifications to the Design and Educational Program or the Budget Statement for Educational Objectives in order to receive approval from the Authority.

(c) After approval of the Design and Educational Program by the Authority, the Eligible Applicant shall certify to the Authority, in the manner prescribed by the Authority, that the local school committee has voted to approve the Design and Educational Program and the Budget Statement for Educational Objectives in a manner prescribed by the Authority and provide the Authority with a copy of the local school committee vote.

(3) Preferred Schematic

In the preferred schematic submittal, the Eligible Applicant shall notify the Authority in writing of any existing or potential site ownership, control, or use issues, including but not limited to, site

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issues related to eminent domain, Article 97 of the Amendments to the Massachusetts Constitution, Massachusetts Environmental Policy Act (MEPA), title, easements, and lease issues. The notification shall include the Eligible Applicant’s plan and timeline to resolve these issues to ensure compliance with 963 CMR 2.09(5). The existence of such site issues at the time that the Board of Directors of the Authority considers a proposed project for Project Scope and Budget approval, may result in a conditional vote and may delay the execution of the Project Funding Agreement.

After the Eligible Applicant has concluded a feasibility study and selected a preferred schematic option, such option may be presented to the Authority’s Board of Directors for approval to move to the Schematic Design phase of the Authority’s grant program.

2.09 Schematic Design – Module 4

2.09: Schematic Design – Module 4

(1) After the Eligible Applicant has received a preferred schematic design vote by the Board of Directors of the Authority, the Eligible Applicant shall develop a schematic design for the proposed project in compliance with the standards set forth by the Authority.

(2) General Site and School Construction Standards

The Eligible Applicant shall make all reasonable efforts to ensure that an Approved Project, including those for the expansion or renovation of an existing building, meet all applicable federal, state, local and regional requirements including, but not limited to, laws, regulations, by-laws, ordinances, environmental restrictions, zoning, and building code requirements. It shall be the responsibility of the Eligible Applicant to ensure compliance with all such requirements, and the Authority shall bear no responsibility for an Eligible Applicant’s failure to comply with said requirements.

(3) Design and Construction Standards: General.

(a) Projects shall reflect cost effective design, material, and finish decisions consistent with good architecture and engineering practice, high quality construction, and the requirements of the Authority.

(b) To the extent possible, projects shall reflect attention to current and future-oriented technological and educational practices for students, faculty, and school staff.

(c) Projects shall adhere to the Authority’s Green School Program policies, and such standards should be exceeded when possible.

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(d) All new construction and reconstruction projects shall meet applicable local ordinances for recycling.

(e) Construction of new school facilities shall, whenever possible, be oriented on the site in order for the building to optimize for solar orientation and natural daylight for classroom spaces.

(f) The Authority may issue minimum and maximum guidelines and standards for the sustainability of Approved Projects, including school building design guidelines which may provide guidelines for design, energy efficiency, indoor air quality, materials, finishes, life cycle cost analysis, and systems selections.

(g) Approved Projects shall have a project identification sign on the construction site during the period of construction. Said sign shall be at least four feet by eight feet in size, shall be visible from the primary roadway adjoining the site, and shall include the following: “This project funded in part by the Massachusetts School Building Authority.”

(h) For all Approved Projects involving the construction of a new school facility, the new school facility shall be designed and constructed to include:

daylighting and exterior views from classrooms, to the extent practicable, by locating all classrooms identified in the approved Design and Educational Program on exterior walls, except computer rooms, music rooms, digital art rooms, technology rooms, small resource rooms, small laboratories, and other classrooms where daylighting and location on an exterior wall are not appropriate or necessary because of the nature of the classroom;
a glazed area for each classroom identified in the approved Design and Educational Program that is determined to require daylighting, totaling not less than five percent (5%) of the net floor area of the classroom and which shall to the extent practicable be located to provide outdoor views at both standing and sitting heights; and
glare control devices, where applicable, to avoid high-contrast conditions that could impede visual tasks, but such glare control devices shall be constructed only when necessary and if the Designer has determined that glare control devices are the only way to prevent glare.

(4) Design and Construction Standards: Indoor Air Quality.

An Eligible Applicant shall make all reasonable efforts to ensure suitable indoor air quality in an Approved Project. Such efforts shall include meeting the Authority’s Indoor Air Quality standards. When feasible, the Eligible Applicant shall make reasonable efforts to meet or exceed the leading indoor air quality standards.

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(5) Site Standards

(a) The site of an Approved Project shall be owned by the city, town, regional school district, or independent agricultural and technical school, or be under control of the school district or Eligible Applicant pursuant to a lease which assures the school district or Eligible Applicant legal authority to control and use the Assisted Facility and Project Site, for the useful life of the Assisted Facility, to the extent required for continued operations, construction, and repair of the Assisted Facility and Project Site in a manner consistent with the proposed project submitted to the Authority. In its sole discretion, the Authority may impose additional or different requirements in circumstances where the Authority deems the site ownership to be incompatible with the foregoing regulation.

(b) The selection of a site for a Proposed Project is a local process. The site selected by the Eligible Applicant shall be chosen on the basis that it will meet the educational need, maximize the use of any available community resources, and minimize any possible adverse educational, environmental, social, or economic impact upon the community. Such adverse impact shall include, but not necessarily be limited to: the need to provide new sewers, roads, transportation facilities, water supply, water connections, and other public infrastructure to the site; existence of soil conditions or hazardous materials that may cause site development costs to be greatly increased; or curtailment of the approved educational program.

(c) To the extent feasible, the site selected shall be proximate to other facilities such as libraries, museums, parks, natural resources, nature study areas, and businesses, which would enhance the proposed educational program.

(d) The site shall be free from noxious pollution or contamination, and should be selected to avoid floodplains, wetlands or other environmentally sensitive areas. A new school site shall not be located within 1,000 feet of an active landfill. Eligibility for a renovation project at a school facility that is currently located in a floodplain will be evaluated by the Authority in its sole discretion on a case-by-case basis.

(e) The site shall be located to serve efficiently and safely the school population it is intended to serve, and the site should be of sufficient size to accommodate the building and planned future additions thereto, outdoor educational program, parking areas, bus turnarounds, delivery areas, required setbacks and planned aesthetics.

(f) Exterior grades shall slope away from the building and the building foundation to adequately drain away rainwater, snow melt, and HVAC condensate and to prevent ponding, pooling or otherwise saturating the building envelope or foundation. Rain

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leaders, or downspouts, shall be directed to infiltration structures, on-site storage, rain gardens, or daylight, provided that surface drainage moves water well away from the building and does not result in unintended ponding or pooling.

(g) Unless otherwise required by law or regulation, the Authority may require, at its sole discretion, subsequent environmental testing be performed at a site agreed upon by the Authority and the Eligible Applicant. Said subsequent environmental testing shall, when required or appropriate, include the regulatory authority or authorities having jurisdiction or be in accordance with the requirements of said appropriate regulatory authority or authorities.

(6) Educational Program Space Standards

(a) General Provisions. The approved Design and Educational Program and the Project Scope and Budget Agreement shall be the basis for the design of an Approved Project, and the Approved Project shall not diverge from said Project Scope and Budget Agreement without the prior written consent of the Authority.

(b) Per Student Space Allowance.

The Authority shall authorize design plans based upon the design enrollment certification of the Proposed Project.
The space standards contained in 963 CMR 2.00 and in the MSBA Educational Program Space Standards and Guidelines may not necessarily be applicable to reconstruction, renovation or repair projects. These standards and guidelines were developed by the Authority for determining maximum size and funding related to new construction and should not be used for assessing safety standards or educational adequacy of existing facilities that were constructed in accordance with the standards and guidelines that prevailed at the time of construction. The Authority shall consider Proposed Projects on a case-by-case basis and in some cases different square footage may be determined at the discretion of the Authority.
Grossing Factor – The Grossing Factor is the net-to-gross square footage ratio of a school facility. The Authority shall not approve a Total Facilities Grant for any proposed project that includes design plans for a new school facility that have a Grossing Factor that exceeds 1.50.

The following tables establish the gross square footage per student for the corresponding enrollment for elementary schools, middle school and high schools.

Table 1: Gross Square Feet per Student – Elementary Schools

Projected Enrollment

GSF per Student

Projected Enrollment

GSF per Student

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Less than 300 180 Between 450 and 459 163 Between 300 and 309 180 Between 460 and 469 161 Between 310 and 319 179 Between 470 and 479 160 Between 320 and 329 178 Between 480 and 489 159 Between 330 and 339 177 Between 490 and 499 158 Between 340 and 349 175 Between 500 and 509 157 Between 350 and 359 174 Between 510 and 519 156 Between 360 and 369 173 Between 520 and 529 154 Between 370 and 379 172 Between 530 and 539 153 Between 380 and 389 171 Between 540 and 549 152 Between 390 and 399 170 Between 550 and 559 151 Between 400 and 409 168 Between 560 and 569 150 Between 410 and 419 167 Between 570 and 579 149 Between 420 and 429 166 Between 580 and 589 147 Between 430 and 439 165 Between 590 and 599 146 Between 440 and 449 164 600 and greater 145

Table 2: Gross Square Feet per Student – Middle and Junior High Schools

Projected Enrollment

GSF per Student

Projected Enrollment

GSF per Student Less than 400 190 Between 580 and 589 175 Between 400 and 409 190 Between 590 and 599 174 Between 410 and 419 189 Between 600 and 609 173 Between 420 and 429 188 Between 610 and 619 172 Between 430 and 439 187 Between 620 and 629 171 Between 440 and 449 187 Between 630 and 639 170 Between 450 and 459 186 Between 640 and 649 169 Between 460 and 469 185 Between 650 and 659 169 Between 470 and 479 184 Between 660 and 669 168 Between 480 and 489 183 Between 670 and 679 167 Between 490 and 499 182 Between 680 and 689 166 Between 500 and 509 181 Between 690 and 699 165 Between 510 and 519 181 Between 700 and 709 164 Between 520 and 529 180 Between 710 and 719 163 Between 530 and 539 179 Between 720 and 729 163 Between 540 and 549 178 Between 730 and 739 162 Between 550 and 559 177 Between 740 and 749 161

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Between 560 and 569 176 750 and greater 160 Between 570 and 579 175

Table 3: Gross Square Feet per Student - Academic High Schools

Projected Enrollment GSF per Student

Projected Enrollment GSF per Student Less than 600 To Be Determined

Between 1300 and 1319 184 Between 600 and 619 228

Between 1320 and 1339 183 Between 620 and 639 227

Between 1340 and 1359 183 Between 640 and 659 224

Between 1360 and 1379 182 Between 660 and 679 220

Between 1380 and 1399 181 Between 680 and 699 218

Between 1400 and 1419 181 Between 700 and 719 216

Between 1420 and 1439 181 Between 720 and 739 214

Between 1440 and 1459 180 Between 740 and 759 213

Between 1460 and 1479 179 Between 760 and 779 211

Between 1480 and 1499 178 Between 780 and 799 209

Between 1500 and 1519 178 Between 800 and 819 207

Between 1520 and 1539 179 Between 820 and 839 206

Between 1540 and 1559 178 Between 840 and 859 205

Between 1560 and 1579 177 Between 860 and 879 203

Between 1580 and 1599 176 Between 880 and 899 202

Between 1600 and 1619 176 Between 900 and 919 201

Between 1620 and 1639 175 Between 920 and 939 201

Between 1640 and 1659 175 Between 940 and 959 200

Between 1660 and 1679 175 Between 960 and 979 198

Between 1680 and 1699 174 Between 980 and 999 197

Between 1700 and 1719 173 Between 1000 and 1019 197

Between 1720 and 1739 173 Between 1020 and 1039 197

Between 1740 and 1759 172 Between 1040 and 1059 196

Between 1760 and 1779 172 Between 1060 and 1079 196

Between 1780 and 1799 172 Between 1080 and 1099 194

Between 1800 and 1819 173 Between 1100 and 1119 193

Between 1820 and 1839 173 Between 1120 and 1139 192

Between 1840 and 1859 172

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Between 1140 and 1159 191

Between 1860 and 1879 172 Between 1160 and 1179 190

Between 1880 and 1899 171 Between 1180 and 1199 189

Between 1900 and 1919 171 Between 1200 and 1219 188

Between 1920 and 1939 170 Between 1220 and 1239 188

Between 1940 and 1959 170 Between 1240 and 1259 187

Between 1960 and 1979 170 Between 1260 and 1279 186

Between 1980 and 1999 169 Between 1280 and 1299 185

Greater than 2000 To Be Determined

Vocational Technical Schools. Vocational Technical Schools and the Vocational Educational Space components of Comprehensive High Schools shall be considered on a case-by-case basis by the Authority in conformity with M.G.L. c. 74 requirements and a comparison of existing school facilities with similar vocational program requirements.
Special Education Spaces. Spaces for special education classes/programs may receive special consideration at the sole discretion of the Authority if the Eligible Applicant documents and certifies to the Authority why there is a need for the proposed spaces.
Educational Collaborative Spaces. The Authority may, in its sole discretion, consider spaces for special education services provided through Department of Elementary and Secondary Education (DESE) approved Educational Collaboratives to be included within Special Education. For the Authority to consider Collaborative Space, the Eligible Applicant must (1) have executed a formal written agreement to be a member of the collaborative or to receive services from a collaborative, prior to filing a Statement of Interest with the Authority, and (2) certify that any space allowed by the Authority in a school facility for use by a Collaborative shall remain in use for the Collaborative for the useful life of the facility or for another specified amount of time that is agreed upon by the Authority in writing prior to project approval.
Space Allowance by Program Activity. The approved Design and Educational Program and Project Scope and Budget Agreement shall be within the limitations as set forth in 963 CMR 2.09: Table 4:

Table 4 Net Square Feet 1

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Minimum Maximum Elementary School Pre-Kindergarten and Kindergarten (including self-contained toilet) 1,100 1,300 General Classroom (grades 1-6) 900 1,000

Junior High School/Middle School

General Classroom 850 950

High School

General Classroom 825 950 1 Measured from inside face of wall to inside face of wall.

For all other spaces, the MSBA Educational Program Space Standards and Guidelines shall be followed in planning school facilities. Said Guidelines may also provide school designers and school building committees with prototype building programs for elementary, middle, and high schools, and other grade configurations as determined by the Authority. The Eligible Applicant may make reasonable departures from the MSBA Educational Program Space Standards and Guidelines with a prior written determination of the Authority, at their sole discretion, that such departures are consistent with the intent of 963 CMR 2.00 to provide adequate, safe, cost effective and programmatically sound school facilities. The space standards set forth in Table 4 and in the MSBA Educational Program Space Standards and Guidelines may not necessarily be applicable to reconstruction, renovation, or repair projects. These standards and guidelines were developed by the Authority for determining maximum size and funding related to new construction and should not be used for assessing safety standards or educational adequacy of existing facilities that were constructed in accordance with the standards and guidelines that prevailed at the time of construction. The Authority shall consider Proposed Projects on a case-by-case basis and in some cases different square footage may be determined at the discretion of the Authority.

(7) Cost Standards (a) The Authority shall develop construction and soft cost standards based upon the cost experience of recently completed and recently bid school projects, taking into account the cost effectiveness of design, construction and programming techniques utilized in such school projects.

(b) The cost standards may be developed based on Massachusetts regional construction costs reflective of the geographic diversity of the Commonwealth.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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(c) For the purposes of calculating a total project budget for an Approved Project which is new construction, cost standards developed pursuant to M.G.L. c. 70B, § 9(b), 963 CMR 2.00 and any other guidelines or policies of the Authority shall be applied to the Enrollment Projection, as determined by the Authority. For an Approved Project which is a reconstruction, renovation, or repair project, the total project budget shall be calculated based on the approved scope of the project and cost factors, as determined by the Authority.

(d) The Authority shall not reimburse an Eligible Applicant for eligible soft cost components that exceed, in the aggregate, 20% of total construction costs, as determined by the Authority. Said limit may be exceeded with the prior written approval of the Authority.

(e) Unless defined otherwise in the standard Designer Contract established by the Authority, basic architectural services shall include, but not be limited to, the following: architectural drawings, conceptual drawings and models, mechanical, electrical, plumbing, fire protection, structural, site development, basic environmental permitting, graphics, lighting design, acoustics, data and communication, visits to the project construction site to administer the contract between the Eligible Applicant and the contractor at a minimum interval of at least weekly for the duration of the project, educational consultants, any specialty consultants for laboratory, library/media center and kitchen space, code consultants, accessibility, making design revisions required to contain costs within the approved project construction budget and other services established pursuant to the Authority’s standard designer contract. Additional architectural services may include, but not be limited to geotechnical consulting, asbestos consulting, wetlands flagging, and other additional services as determined by the Authority.

(f) The provisions of 963 CMR 2.00 shall not preclude an Eligible Applicant from adding additional project elements, subject to the approval of the Authority. Any and all costs related to said additional project elements, including but not limited to, the design, construction and implementation of said additional project elements, shall be the sole responsibly of the Eligible Applicant. Project elements that exceed or diverge from the project scope detailed in the Project Scope and Budget Agreement may result in a rescission of approval by the Board and/or recapture of grant funds by the Authority.

(g) When a facility is to be acquired as part of an Approved Project, the value of such facility to be acquired by an Eligible Applicant shall be determined by the Authority in accordance with the provisions of M.G.L. c. 30B on the basis of the reports of at least two appraisers registered with the Attorney General and retained by the Eligible Applicant. The final approved cost of combined facility acquisition, renovation and conversion work shall not exceed the equivalent costs in new construction, as determined by the Authority.

(8) Reconstruction, Renovation, and Repair Projects

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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(a) Reconstruction, renovation and repair projects may be considered by the Authority pursuant to the Application process promulgated in 963 CMR 2.00.

(b) The space standards contained in 963 CMR 2.00 and in the MSBA Educational Program Space Standards and Guidelines may not necessarily be applicable to reconstruction, renovation or repair projects. These standards and guidelines were developed by the Authority for determining minimum and maximum size and funding related to new construction and should not be used for assessing safety standards or educational adequacy of existing facilities that were constructed in accordance with the standards and guidelines that prevailed at the time of construction. The Authority shall consider proposed reconstruction, renovation and repair projects on a case-by-case basis and in some cases different square footage calculations may be determined at the discretion of the Authority.

(9) Project Scope and Budget Conference

At the end of the Schematic Design Phase, the Authority may invite the local chief executive officer, Chair and/or members of the school committee, the Chair and/or members of the school building committee, the superintendent of the Eligible Applicant’s school district, a representative from the office or body that is authorized by law to construct a school building or undertake a school capital project in that city, town or regional school district, and other local officials as required by the Authority, to meet with authorized representatives of the Authority to discuss the scope, budget, and other details of the Proposed Project. Said meeting shall be at a location and in a format determined by the Authority. No Proposed Project shall receive approval or funding from the Authority unless a Project Scope and Budget Conference is held to the reasonable satisfaction of the Authority, unless the Authority determines in writing that a Project Scope and Budget Conference is not required.

(10) Board Approval of the Proposed Project

After a Project Scope and Budget Conference is held, and all other program requirements are met to proceed to the next phase in the Authority’s grant program, the proposed project shall be presented to the Authority’s Board of Directors for project approval and authorization to enter into a Project Scope and Budget Agreement and a Project Funding Agreement.

(11) Project Scope and Budget Agreement

(a) After a vote of the Board to approve the Proposed Project and enter into a Project Scope and Budget Agreement and a Project Funding Agreement, a Project Scope and Budget

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Agreement, in the format and manner prescribed by the Authority, shall be executed by the Eligible Applicant and the Authority. Such Agreement shall include, but not be limited to:

the potential reimbursement rate from the Authority based on the grant percentage formula established pursuant to M.G.L. c. 70B § 10;
remaining actions to be taken by the Eligible Applicant, including but not limited to, confirmation of a date certain by which the Eligible Applicant shall receive the necessary local approvals and local funding votes for the Proposed Project;
a detailed project scope, including the educational space requirements for the Proposed Project and the plans and specifications;
an itemized total project budget for the Proposed Project which shall include a delineation of all costs, including but not limited to, a project construction budget;
a projected cash flow;
a detailed description of the site of Proposed Project;
a timeline schedule in a form prescribed by the Authority;
a complete listing to the satisfaction of the Authority of all furniture, fixtures and equipment that will be purchased for the Approved Project; and
any other information that the Authority may require.

(b) An executed Project Scope and Budget Agreement is valid for a period of time not to exceed 120 calendar days after the vote of the Board of Directors to authorizing the Authority to enter into a Project Scope and Budget Agreement unless agreed to in writing that a different date is necessary to accommodate local meeting schedules. During said 120 calendar day period, the Eligible Applicant shall acquire and certify local approval for an appropriation and all other necessary local votes or approvals showing acceptance of the cost, site, type and scope, and timeline for the Proposed Project. Said local votes or approvals shall be in the format prescribed by the Authority. If the timelines established by the Project Scope and Budget Agreement are not met by the Eligible Applicant, or if the Eligible Applicant fails to obtain the necessary local approvals, the Authority reserves the right to rescind the offer of a Total Facilities Grant to the Eligible Applicant for the Proposed Project.

2.10 Funding the Project – Module 5

2.10: Funding the Project – Module 5

(1) Project Funding Agreement (a) Prior to the execution of the Project Funding Agreement, the Eligible Applicant shall:

comply with the requirements of 963 CMR 2.09(5) and all other applicable site ownership, control, and use requirements;
demonstrate that the provisions of the Massachusetts Environmental Protection Act (MEPA) have been complied with and that the Eligible Applicant has filed an environmental notification form (ENF) or that the Proposed Project does not require the filing of an environmental notification form (ENF) in accordance with MEPA. In

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the case of a MEPA review process that has not been completed, the Eligible Applicant shall describe the status of the review process and provide a schedule for completion; 3. document to the Authority, the sources and amounts of local funding which will be committed for the total project cost of the Proposed Project; and 4. identify any pending litigation or claims that implicate the Eligible Applicant’s authority or ability, in whole or in part, to fund, build, site, or otherwise complete the Proposed Project. In the case of pending litigation or claims, the Eligible Applicant shall describe the nature of each such matter, the current status of each such matter, and, if publicly declared, the Eligible Applicant’s intention with respect to each such matter (e.g., to vigorously contest, settle, or otherwise resolve the matter).

(b) In its sole discretion, the Authority may defer execution of the Project Funding Agreement in the event of:

uncertainties concerning local funding;
the pendency of litigation, or other claims affecting the Eligible Applicant’s authority or ability, in whole or in part, to fund, build, site, or otherwise complete the Proposed Project; or
non-compliance with the requirements of 963 CMR 2.09(5) and all other applicable site ownership, control, and use requirements.

(c) After the Eligible Applicant has acquired local approval and funding in the format prescribed by the Authority and has met the requirements set forth in the Project Funding Agreement, the Eligible Applicant and the Authority may execute a Project Funding Agreement.

(d) The Project Funding Agreement shall include, but not be limited to, the Total Facilities Grant, the site of the project, the total project budget, a construction timeline, and the scope of the Approved Project to be funded by said grant. The Authority shall not expend any funds for any costs in excess of the Total Facilities Grant established in the Project Funding Agreement. The Total Facilities Grant shall not include funding for categorically ineligible costs established pursuant to M.G.L. c. 70B, 963 CMR 2.00 and guidelines issued by the Authority, additions to scope beyond that agreed upon and outlined in the Project Scope and Budget Agreement, or other costs which the Authority deems to be ineligible.

(2) Total Facilities Grant Awards

(a) The Board may annually award Total Facilities Grants within the amounts and at such times as authorized by M.G.L. c. 70B, §§ 7, 10 and 11. Total Facilities Grants shall be awarded to Approved Projects according to the terms, project schedules, and conditions established in the Project Scope and Budget Agreement, Project Funding Agreement or any other agreement, requirement, contract, statement, certification or other document as may be required by the Authority. The Authority reserves the right to rescind approval for

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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Approved Projects and to rescind and/or recapture all or a portion of a Total Facilities Grant for said projects, which do not meet the requirements set forth in M.G.L. c. 70B, 963 CMR 2.00 and/or any other agreement, requirement, contract, statement, certification or other document as may be required by the Authority.

(b) The Authority also may rescind and recapture all or a portion of a Total Facilities Grant if there is substantial evidence of illegality, corruption or fraud associated with the Project, the audit process, noncompliance with the terms of the Project Scope and Budget Agreement, the Project Funding Agreement or any other agreement, contract, certification or other requirement of the Authority, or improprieties with respect to expenditures of grant funds. The Authority may, in its sole discretion, temporarily suspend a grant payment whenever the Authority becomes aware of allegations, evidence or appearance of illegality, corruption, or fraud associated with the Project or allegations of improprieties with respect to the expenditure of grant funds.

(3) Grant Percentage Formula

(a) General

The Total Facilities Grant for an Approved Project shall be determined by the Authority based on the grant percentage formula established pursuant to M.G.L. c. 70B, § 10, the Project Scope and Budget Agreement, and the cost of the Approved Project as agreed to by the Eligible Applicant and the Authority in the Project Funding Agreement.
In addition to the base percentage, community income factor, community wealth factor and community poverty factor for the most recent available year applicable to the Eligible Applicant under the determinations made by the Authority, an Eligible Applicant may seek incentive percentage points at the sole discretion of the Authority. There is no entitlement to the allocation of any incentive percentage points and the Authority reserves the right in its sole discretion to determine the allocation of incentive percentage points for an Approved Project, if any. Any Eligible Applicant seeking incentive points must notify the Authority in writing prior to the Project Scope and Budget Conference of the specific incentive points which are being requested and provide the documentation to support such request. If at any time the Authority determines that the Eligible Applicant has not met the eligibility requirements necessary to receive the incentive percentage points, the Authority reserves the right to rescind incentive percentage points and any grant amounts related to the allocation of the incentive percentage points and recover any funds that may have been paid to the Eligible Applicant.
No one category of incentive percentage points that may be awarded by the Authority shall exceed six (6) percentage points.
In total, incentive percentage points shall not exceed eighteen (18) percentage points for an Approved Project.

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The Authority, in its sole discretion, may award incentive percentage points in fractional amounts.
The Authority, in its sole discretion, may award incentive points in accordance with its policies, guidelines, and as set forth in 963 CMR 2.10(3)(b).

(b) Incentive Points.

Overlay Zoning District. The Authority, in its sole discretion, may allocate up to one incentive percentage point (1%) for an Approved Project in a community that has adopted an overlay zoning district pursuant to the provisions of M.G.L. c.40R or c.40S. The Authority may allocate up to an additional ½% for an Approved Project where the M.G.L. c. 40R overlay zoning district provides for either 100 units or more of housing in one, two or three family structures; or in which 50% or more of the total number of allowed housing units in M.G.L. c.40R overlay zoning district are designated for such structures. The Authority may establish guidelines for the distribution of Overlay Zoning District incentive percentage points.
Green Schools Program. a. Energy Efficiency. The Authority, in its sole discretion, may allocate up to three incentive percentage points (3%) for an Approved Project where the Authority makes a determination that elements of an Approved Project meet thresholds established in the Green Schools Program Policies for the allocation of Green School incentive points. b. Indoor Air Quality. The Authority, in its sole discretion, may allocate up to one incentive percentage point (1%) for an Approved Project where the Authority makes a determination that the Approved Project meets thresholds established in the Green Schools Program Policies.
Routine and Capital Maintenance Rating. The Authority, in its sole discretion, may allocate up to two incentive percentage points (2%) for an Approved Project for Routine and Capital Maintenance Ratings, based on the Authority’s determination that the Eligible Applicant has exhibited best practices for routine and capital maintenance and upkeep of facilities, including the establishment of long term capital improvement plans, the establishment of segregated local funds dedicated for the capital maintenance of school facilities, the use of facility maintenance manuals, and practices that standardize preventative and routine maintenance procedures, or other practices as determined by the Authority. An Eligible Applicant’s maintenance practices may be reviewed at any time and the information collected during any such review shall be used as part of the assessment of incentive percentage points for routine and capital maintenance ratings.
Newly Formed Regional School District. The Authority, in its sole discretion, may allocate up to six incentive percentage points (6%) for an Approved Project if: a. the Approved Project is at the site of a school facility that is a member of a regional school district, which regional school district either:

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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(i) was newly created as a result of working with the Authority during the Application process; or (ii) whose membership changed as a result of working with the Authority during the Application process; and b. the Authority determines that a school facility construction, renovation, or repair project was avoided directly as a result of either: (i) a newly created regional school district; or (ii) a change in a regional school district’s membership. c. Districts that are not members of a regional school district, or that have not formed a new regional school district or added new members, shall not be eligible for these incentive points. 5. Renovation or Reuse of an Existing Facility. The Authority, in its sole discretion, may allocate up to five incentive percentage points (5%) for an Approved Project if the project is a renovation of an existing facility that requires no new construction. The Authority may award an amount less than said five percent for an Approved Project which has a combination of renovation of an existing facility and the building of some additional square footage for new educational space, based on a sliding scale that relates the percentage of renovated space to the percentage of newly constructed space. The Authority shall not award any incentive percentage points from this category for construction of a new school facility.

(4) Payment Requirements and Procedures

(a) All Total Facilities Grants shall be paid by the Authority in accordance with M.G.L. c. 70B, 963 CMR 2.00, the Progress Payment Guidelines, the MSBA Audit Guidelines, the Project Funding Agreement, and any other policies or guidelines of the Authority.

(b) The Authority shall not make payment of a Total Facilities Grant, or any portion of a Total Facilities Grant, for an Approved Project before the Project Funding Agreement has been properly executed as determined by the Authority.

(c) The Authority shall only make payment of a Total Facilities Grant for eligible costs, which shall be the final approved costs of the Approved Project as determined by the Authority. The eligibility of any costs shall be determined in each instance by the Authority.

(d) During construction of an Approved Project, staff of the Authority may visit the construction site to assess whether the Approved Project is being built as approved. Staff of the Authority may review the monthly construction progress reports received pursuant to the Project Funding Agreement.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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(e) Proposed change orders shall be reviewed by the Authority and the cost of any proposed change orders which are not delineated in and/or exceed the provisions of the Project Scope and Budget Agreement may be deemed ineligible by the Authority.

(f) The Authority may review and monitor the completed facility, in operation, to assess whether the Approved Project has been maintained and operated as delivered. The Authority shall not be responsible for any identified deficiencies pursuant to such review.

(g) When contracting with vendors, designers, Owner’s Project Managers, contractors and subcontractors, the Eligible Applicant shall use standard contracts developed by the Authority. In any instance where a standard contract for a vendor, contractor or subcontractor has not been developed by the Authority, the Authority may require that it approve the contract to be used by the Eligible Applicant prior to execution. Violations of the provisions of standard contracts and/or the Project Funding Agreement may result in the Authority rescinding approval and/or the Authority recapturing all or a portion of the Total Facilities Grant, discontinuance of payments to the Eligible Applicant or the Authority may seek to recover any payments that the Authority may have already made to the Eligible Applicant for any project for which the Authority is making payments to the Eligible Applicant.

(h) All construction contracts shall be in conformity with applicable laws and regulations related to minority hiring. Every Authority-assisted contract for a project including sub- contracts shall include the Commonwealth's Supplemental Equal Employment Opportunity/Anti-Discrimination and Affirmative Action Program as part of the contract.

(i) Compliance with and enforcement of all safety and building code provisions shall be the responsibility of the Eligible Applicant.

(j) Every contractor and subcontractor working under the terms of any contract for construction on an Approved Project shall comply with applicable provisions of federal, state and local law and regulations.

(k) Every contractor and subcontractor working under the terms of any contract for construction on an Approved Project shall file weekly payroll records with the Eligible Applicant in the form described in M.G.L. c. 149, § 27B. The Eligible Applicant may withhold payment for any construction work performed on an Approved Project for as long as the payroll records for the work performed are not filed with the Eligible Applicant.

(l) Each Eligible Applicant shall submit the contractor and designer evaluations to the Division of Capital Asset Management and Maintenance and the Authority in a form, manner and timeline prescribed in M.G.L. c. 149, § 44D and M.G.L. c. 7C, § 48. Further,

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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the Eligible Applicant shall submit the Authority’s Contractor and Designer Evaluation Notification Forms to the Authority.

(5) Alternative Projects

When a facility is to be acquired as part of an Approved Project, the value of such facility to be acquired by an Eligible Applicant shall be determined by the Authority in accordance with the provisions of M.G.L. c. 30B on the basis of the reports of at least two appraisers registered with the Attorney General and retained by the Eligible Applicant. The final approved cost of combined facility acquisition, renovation and conversion work shall not exceed the equivalent costs of new construction, as determined by the Authority.

2.11 Detailed Design – Module 6

2.11: Detailed Design – Module 6

(1) Program Design.

An Approved Project shall be designed based upon the Authority approved Project Scope and Budget Agreement.

(2) Authority Review of Project Plans.

The Authority shall implement a review of each Approved Project at certain phases of design, including but not limited to, design development, 60% construction documents, and 90% construction documents, or at such other times determined by the Authority. Such a review shall assess the designs for constructability, technical adequacy and compliance with the approved Design and Educational Program, the Project Scope and Budget Agreement and standards set forth by the Authority. Project elements that exceed or diverge from the project scope detailed in the Project Scope and Budget Agreement are ineligible to receive funding from the Authority; certain, limited elements that exceed or diverge from the project scope may be considered eligible as determined by the Authority in its sole discretion. The Eligible Applicant may retain such elements only by accepting sole financial responsibility for said elements in writing in a format prescribed by the Authority, prior to said Eligible Applicant including such elements in any designs.

(3) Conformity with Established Timelines and Budget.

(a) The Eligible Applicant shall meet the timelines established by the Project Scope and Budget Agreement. If the Eligible Applicant does not meet said timelines, the grant amount will not be increased to account for cost increases, and the Authority reserves the right to

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rescind approval of the Approved Project and/or recapture all or a portion of any Total Facilities Grant paid to the Eligible Applicant for any project.

(b) The Eligible Applicant shall conform to the budget established by the Project Scope and Budget Agreement. If the Eligible Applicant does not meet said budget, the Authority reserves the right to rescind approval of the Approved Project and/or recapture all or a portion of any Total Facilities Grant paid to the Eligible Applicant for any project. Any amount in excess of the budget approved in the Project Scope and Budget Agreement shall be the sole responsibility of the Eligible Applicant.

(c) At each phase of the Approved Project, the designer shall produce a design which meets the requirements of the scope of work and project budget specified in the Project Scope and Budget Agreement. If at any time, the construction cost estimate, low bids, or proposals in the case of construction manager at risk projects, received for the Approved Project exceed the project construction budget, the Authority may require the Eligible Applicant to direct the designer to revise the design in such ways as necessary to keep the construction cost for the Approved Project within the project construction budget. The designer shall not be entitled to extra compensation for making such revisions to contain costs within the project construction budget.

(4) Construction and Bidding Documents.

(a) In the case of design-bid-build projects, the Eligible Applicant shall provide the Authority with bidding documentation and tabulation sheets within ten business days of the opening of such bids, and shall provide any other documentation requested by the Authority. In the case of construction manager at risk projects, the Eligible Applicant shall provide the Authority with non-fee and fee proposal information within ten business days of selecting a contractor and trade contractor bids within ten business days receipt of such.

(b) If bids, or proposals and trade contractor bids in the case of construction manager at risk projects, exceed the project construction budget as determined in the Project Scope and Budget Agreement, then prior to re-bidding the project the Eligible Applicant shall require the designer to revise the design in such ways as necessary to keep the construction cost within the budget established in the Project Scope and Budget Agreement.

(5) Commissioning

(a) The Authority may engage an independent party, not affiliated or associated with the design or construction teams for the Approved Project, to provide commissioning services with the intent of achieving, verifying and documenting the performance of building

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systems in accordance with the design intent and the functional and operational needs of the Eligible Applicant. (b) The commissioning process may entail the development of clear and complete design and operational intent documentation, verifying and documenting proper equipment and system performance, ensuring appropriate operation and maintenance documentation is provided and ensuring sufficient training of building operations and maintenance personnel and building occupants. The Authority shall provide the Eligible Applicant with a completed commissioning report.

2.12 Construction – Module 7

2.12: Construction – Module 7

(1) During construction, the Eligible Applicant and its team shall continue to collaborate with the Authority to provide updates regarding the project schedule and budget, as set forth in the Project Funding Agreement.

(2) The Eligible Applicant and the project team shall align the items in the project budget submitted in Pro-Pay with the costs that are incurred for the project, and shall use the Authority’s standardized Schedule of Values, PFA Bid Amendment Worksheet, and Budget Revision Request form.

(3) The Eligible Applicant and the Authority shall execute a Bid Amendment to the Project Funding Agreement to amend the project budget to reflect the bid or Guaranteed Maximum Price received by the Eligible Applicant. The Eligible Applicant shall submit all required bid and Guaranteed Maximum Price documentation to the Authority in a timely manner. The Eligible Applicant shall return to the Authority a duly signed Project Funding Agreement Bid Amendment within 30 calendar days of receipt of the execution copy of said Amendment.

(4) The Eligible Applicant shall maintain an up-to-date project schedule, submitted to the Authority monthly by the Owner’s Project Manager together with the Owner’s Project Manager Report. The Eligible Applicant shall, within two weeks of the Eligible Applicant’s approval of the General Contractor’s or Construction Manager’s construction schedule, update the project schedule to contain all of the schedule activities required by 963 CMR 2.00.

(5) The Eligible Applicant, with the assistance of its Owner’s Project Manager shall monitor the Contractor’s compliance with Massachusetts prevailing wage requirements established pursuant to M.G.L. c. l49 §§ 26 to 27H inclusive.

2.13 Completing the Project – Module 8

2.13: Completing the Project – Module 8

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

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(1) Final Payment Holdback The Authority shall implement procedures to withhold payments that exceed 95% of the estimated grant for an Approved Project until the Eligible Applicant has met the final closeout requirements established by the Authority. Final closeout requirements include submission by the Eligible Applicant of all required project-related and audit-related materials to the Authority, completion of the final audit by the Authority, review and acceptance of the final audit by the Eligible Applicant, and approval of the final audit by the Board of Directors of the Authority. (2) Project Closeout and Final Payment The Eligible Applicant shall follow the closeout audit procedures set forth in 963 CMR 2.13 and 2.17, and shall provide required closeout documentation and complete required closeout activities in accordance with the timelines established by the Authority. (a) Final Request for Payment Reimbursement Once the Eligible Applicant has paid 100% of all project costs, the Eligible Applicant shall submit a Final Request for Payment Reimbursement to the Authority through the Authority’s online pro-pay system. (b) Closeout Audit Forms and Activities An Eligible Applicant shall complete the closeout activities and provide the closeout documentation to the Authority before the Authority commences the Final Closeout Audit process. The Eligible Applicant shall, in collaboration with the Owner’s Project Manager, maintain all original closeout documentation and shall provide such documentation to the Authority as a complete submittal with the hard copy of the final reimbursement request. All closeout submissions must be received and activities completed to the satisfaction of the Authority, and in accordance with the timelines established by the Authority. The Authority may require additional materials and information related to the reconciliation of project costs. (3) Final Audit Report Once the Eligible Applicant has submitted its Final Request for Payment Reimbursement and the required Final Audit Closeout Documentation, and has completed the closeout activities that are

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required by the Authority, subject to the satisfaction of the Authority, the Authority shall perform the final audit. The MSBA shall prepare the Final Audit Report as set forth in 2.17(3) and provide it to the Eligible Applicant. The procedures for the review and acceptance of the final audit report by the Eligible Applicant are established in 2.17(3). (4) Final Audit Vote and Final Payment Upon completion of the final audit requirements set forth in 963 CMR 2.13 and 2.17, and subject to the satisfaction of the Authority, the Authority’s Board of Directors shall vote to consider the final audited approved grant amount for the project. After the Board of Directors of the Authority approves the final grant amount for an Approved Project, the results will be considered final, and the Authority shall make a final payment, if any, to the Eligible Applicant. In rare cases, the final grant amount approved might also result in a payment from the Eligible Applicant to the Authority.

2.14 Post Occupancy Evaluation – Module 9

2.14: Post Occupancy Evaluation – Module 9

(1) The Authority has established a Post-Occupancy Evaluation program for Core Program projects, through which the Authority may conduct a Post Occupancy Evaluation for projects that have been in operation for a minimum of three years from the date of substantial completion.

(2) The Eligible Applicant shall assist the Authority with the collection of qualitative and quantitative data associated with the Assisted Facility that is the subject of the Post Occupancy Evaluation, which data shall include but not be limited to: data related to the Authority’s program, including the activities outlined in Modules 1-8; and data related to building occupancy, space utilization, building system efficiency, utility consumption data, utility bills, and overall function of the facility.

(3) The Eligible Applicant shall: complete a Post Occupancy Evaluation survey; permit site visits by the Authority, or agents thereof, for the purposes of the Post Occupancy Evaluation; complete a pre-visit questionnaire; provide the Authority and its agents with access to representatives of the Eligible Applicant who can assist with the Post Occupancy Evaluation process, as requested; and assist the Authority with other reasonable requests related to the Post Occupancy Evaluation.

2.15 Accelerated Repair Program

2.15: Accelerated Repair Program

(1) The Authority has established an Accelerated Repair Program that is intended for facilities in which the scope of a potential project is limited to the replacement or repair of building systems as may be determined by the Authority contingent upon available funding and capacity in the capital

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

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.

(2) The Authority shall accept Statements of Interest from eligible Applicants interested in applying to participate in the Accelerated Repair Program provided the Eligible Applicant and the facility for which grant assistance is being requested meet the eligibility requirements and criteria established by the Authority for each Statement of Interest filing period.

(3) The Authority shall establish a range of system ages that are eligible for consideration in each Statement of Interest filing period.

(4) An Eligible Applicant shall only file a Statement of Interest for consideration in the Accelerated Repair Program if:

(a) The Eligible Applicant is able to adhere to an accelerated project schedule.

(b) The Eligible Applicant is able to fund a schematic design within two months of invitation into the Accelerated Repair Program and a total project budget within 12 months of invitation into the Accelerated Repair Program.

(c) The school facility for which participation in the Accelerated Repair Program is being sought, is otherwise capable of supporting the District’s educational program.

(d) The age of the system for which the Eligible Applicant is requesting a grant meets the advertised age criteria requirements.

(e) The school for which the Eligible Applicant is requesting a grant is not being considered for consolidation.

(f) The school for which the Eligible Applicant is requesting a grant is used primarily for educational purposes.

(5) To be eligible to participate in the Accelerated Repair Program, the Eligible Applicant shall certify that the school facility is not overcrowded and that it is capable of supporting the District’s educational program.

(6) The Eligible Applicant, if selected to participate in the Accelerated Repair Program, shall work with a preselected Owner’s Project Manager and Designer that will be assigned to the project.

(7) The Authority shall establish an annual budget for the Accelerated Repair Program.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

(8) The Authority may, at any time, establish and/or adjust qualifying criteria for the Accelerated Repair Program in order to limit the number of invitations due to the established budget.

(9) Accelerated Repair Program projects shall be designed to extend the useful life of the school.

2.16 Model School Program

(1) The Authority has established a Model School Program that seeks to effectively adapt and re-use the design of successful, recently constructed schools.

(2) The Eligible Applicant is encouraged to explore the possibility of using a Model School.

(3) Model Schools shall be efficient in design, easy to maintain, contain optimal classroom and science lab space, be able to easily accommodate higher or lower enrollments, incorporate sustainable "green" design elements, and be flexible in educational programming spaces.

2.17 Audit Procedures

(1) General Audit Process

(a) In order to determine the eligible costs of an Approved Project and to ensure that only eligible costs are included in a Total Facilities Grant, the Authority shall conduct an Audit or Audits of each Approved Project, at such time or times as may be required by the Authority. The Authority may designate any person it deems qualified to perform an Audit, and such person shall use agreed upon procedures, as determined by the Authority in the performance of said Audit or Audits. Such person shall certify in writing to the Authority that, in conducting the Audit or Audits on behalf of the Authority, he or she is and shall remain in full compliance with the Massachusetts Conflict of Interest Law, M.G.L. c. 268A.

(b) The Eligible Applicant shall cooperate with the Authority and/or its designee, if any, in the conduct of an Audit or Audits. Such cooperation shall include, but not be limited to, scheduling, provision of Audit Materials, provision of adequate workspace, responding to requests for documents, providing access to personnel with knowledge of the Approved Project, providing access to Approved Project related materials stored electronically, or complying with any other requirement of the Authority for the thorough and expeditious conduct of the Audit.

(c) Audits of Approved Projects shall be performed in accordance with MSBA Audit Guidelines, established by the Authority.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

(d) Except as provided in 963 CMR 2.00, the cost of the Audit or Audits shall be borne by the Authority. If the Authority determines that the Eligible Applicant:

has not reasonably cooperated with the Authority in the conduct of an Audit or Audits; or
is responsible for any delay in an Audit or Audits the Authority may, in its sole discretion, deduct all or a portion of the cost of conducting an Audit or Audits from the Eligible Applicant’s Total Facilities Grant, discontinue making payments to the Eligible Applicant, or seek to recover any payments that the Authority may have already made to the Eligible Applicant.

(2) Progress Payment Audits

(a) The Authority, and/or its designee, shall perform an Audit of each request for reimbursement submitted by an Eligible Applicant for an Approved Project. Each Audit shall be conducted according to 963 CMR 2.00 and the MSBA Audit Guidelines. In the event that the Authority determines that an item in the submittal is ineligible for reimbursement, the Authority shall adjust the amount of reimbursement to account for the ineligible costs. The Eligible Applicant shall receive from the Authority a summary letter recapitulating the eligible and ineligible costs as determined by the Authority.

(b) If an Eligible Applicant does not concur with the findings of the summary letter, the Eligible Applicant shall respond in writing within ten business days of the date of said letter. The Eligible Applicant’s written correspondence shall include a detailed listing of the specific ineligible costs to which the Eligible Applicant does not concur. For each ineligible cost being contested by the Eligible Applicant, the Eligible Applicant shall submit to the Authority documentation that supports the Eligible Applicant’s position. If no supporting documentation is submitted within ten business days after the date of the Eligible Applicant’s letter, or within a reasonable amount of time as determined by the Authority, the Eligible Applicant’s objection to the Authority’s determination of ineligible costs shall not be accepted and the Authority’s audit findings shall stand. The Authority shall review properly submitted documentation to determine if the Eligible Applicant’s objection has merit and take the appropriate action thereafter. If the Authority determines that the Eligible Applicant’s supporting documentation is insufficient, the audit findings will stand. In no event including, but not limited to the final Audit, shall the Authority reconsider ineligible costs once the process outlined above has been completed. All costs related to a further review may be assessed to an Eligible Applicant.

(3) Final Audit Report

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

(a) A final Audit is required to determine the final Total Facilities Grant due to an Approved Project. The Authority and/or its designee shall prepare a draft report, in a form to be determined by the Authority, stating Audit findings and conclusions. The draft report may include findings, schedules and ineligible costs as determined by the monthly Audits performed for Approved Projects receiving funding from the Authority under the progress payment system. The draft report shall be reviewed by the Authority. Following the Authority’s review of a draft report, the report shall be made available to the Eligible Applicant. If an Eligible Applicant accepts the draft report, said Eligible Applicant shall submit a signed Acceptance Form to the Authority within ten business days of the date of the draft report letter by concurring with the schedules, findings and ineligible costs contained in the draft audit report, in which case the draft report shall be submitted to the Board of the Authority for its review and approval. Acceptance of a draft report by an Eligible Applicant does not bind the Authority to take any action regarding the determination of the Final Project Costs of an Approved Project.

(b) If an Eligible Applicant declines to accept the draft report, said Eligible Applicant shall submit a signed Non-Acceptance Form to the Authority within ten business days of the date of the draft report letter. The Authority, in its sole discretion, may grant additional time in which the Eligible Applicant may respond, but in no event shall such additional time exceed an additional ten business days. These deadlines must be met in order to be eligible to dispute draft findings. Said written correspondence shall include a detailed listing of the specific ineligible costs to which the Eligible Applicant does not concur and for each ineligible cost, documentation that supports the Eligible Applicant’s position. If no supporting documentation is included in said written correspondence, the Eligible Applicant’s objection to the draft report shall not be accepted and the draft report, as originally reviewed by the Authority, shall go to the Board of the Authority for approval. The Authority shall review properly submitted documentation to determine if the Eligible Applicant’s objection has merit or not, and take the appropriate action thereafter. If the Authority determines the Eligible Applicant’s supporting documentation has no merit the audit findings will stand, and the Eligible Applicant will have exhausted all of their opportunities to dispute the findings to the Authority. In no event shall the Authority reconsider ineligible costs once an audit report has been settled. All costs relating to disputing a draft audit report may be assessed to an Eligible Applicant.

(c) All prior audit decisions by the Authority shall stand and an Eligible Applicant shall have no right to re-file or request review of previous audit decisions, nor shall the Authority have any obligation to review any previous audit decision.

(4) Recordkeeping

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

(a) Eligible Applicants shall maintain all records related to an Application, a Proposed Project, and/or an Approved Project, if approval for a Proposed Project is granted by the Authority, to ensure that minimum recordkeeping requirements to facilitate uniform, fair and efficient administration are met and to ensure accountability for all documents. Nothing in 963 CMR 2.00 is intended to alter the otherwise applicable requirements of M.G.L. c. 66, pertaining to the keeping of public records and access thereto.

(b) It shall be a condition on every Eligible Applicant that the Eligible Applicant maintains, in a secure place and in an organized fashion, all records necessary to evidence conformity with M.G.L. c. 70B, 963 CMR 2.00, and any other requirements of the Authority.

(c) The Eligible Applicant shall maintain all records related to an Approved Project, including, but not limited to, a full set of the Project Documents, requests for proposals, proposals and evaluations, and “As-Built” documents, for as long as the Approved Project is in service as a public school. For the purposes of 963 CMR 2.17(4), “all records” shall include, but not be limited to:

all executed contracts and purchase orders, including contract amendments and change orders;
all completed Sources and Uses Forms
all Third Party Funding disclosure and payment records
all Owner’s Project Manager’s reports, including monthly progress reports;
issues log;
the logs for potential change orders and executed change orders; 7 all meeting minutes;
a schedule or milestone summary;
all requests for reimbursement and forms as submitted to the Authority;
all commissioning reports, final reports and commissioning certifications;
all closeout documents and training materials;
all contractor and designer evaluations as submitted to the Division of Capital Asset Management and Maintenance and the Authority;
all invoices and contractors’ applications for payment; and
other such other information, data, logs, documentation, or records as may be required by the Authority.

(d) The Authority shall, in its sole discretion, disallow any costs not adequately supported by contemporaneous, accurate and complete records.

(5) Ineligible Costs. Costs that are categorically ineligible for reimbursement or payment by the Authority shall include, but not be limited to:

(a) Any costs for an Approved Project in excess of the Total Facilities Grant.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

(b) Financing costs incurred by an Eligible Applicant, including, but not limited to, interest, principal, costs of issuance and any other cost related to short or long term bonds, notes or other certificates of indebtedness, refunding notes or bonds, temporary loans, or any other form of indebtedness issued by an Eligible Applicant in relation to an Approved Project.

(c) All costs associated with credit rating services, legal services related to the issuance of any indebtedness, and financial consulting services.

(d) The cost of legal services.

(e) The provision of any direct or indirect municipal services shall be ineligible costs, except the provision of public safety services as required by law, or services which the Authority determines are necessary for the completion of the Approved Project. Such potentially eligible public safety services shall not include costs of police and fire detail services incurred in connection with an Approved Project,

(f) Any funds expended by the Eligible Applicant prior to the execution of a Project Funding Agreement, unless said costs are costs approved by the Authority in writing related to a Feasibility Study as approved by the Authority, shall be ineligible costs and are not reimbursable by the Authority unless the Board votes to allow reimbursement of such expenses incurred prior to the execution of the Project Funding Agreement.

(g) All costs associated with site acquisition.

(h) Unsupported or inadequately supported project costs, as determined by the Authority.

(i) Maintenance or service contracts and warranties.

(j) Duplicate costs or costs unrelated to the project.

(k) The lease, purchase or rental of storage space, storage facilities, storage trailers, storage containers, or other moving costs.

(l) Costs that are normal operating and maintenance costs of the school district, as determined by the Authority, such as textbooks, educational software, classroom supplies, custodial supplies, administrative support, telephone service and other such operating costs.

(m) Swimming pools, skating rinks, field houses (only to the same extent as gymnasia), district administrative office space, indoor tennis courts, and other spaces which may be determined ineligible by the Authority.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

(n) Penalties, processing fees, catalogue fees, sales tax, memberships, and subscriptions.

(o) The costs associated with local building permits, inspection fees, zoning fees, conservation committee fees, public works fees. police and fire detail services, and any other such fees.

(p) Athletic equipment, bases, balls, bats, racquets, uniforms, helmets, gloves, and all other related equipment.

(q) All costs associated with the purchase, lease, improvement, or maintenance of temporary modular units, unless such costs are deemed by the Authority, in writing, prior to said purchase or lease, to be the most cost effective option.

(r) All costs associated with the upgrades, maintenance or improvements to swing spaces used for the housing of students.

(s) All costs associated with the transportation of students.

(t) All costs associated with the purchase, lease or use of any vehicle, including but not limited to automobiles, trucks, tractors, and golf carts.

(u) The costs of any supplies related to the Assisted Facility.

(v) Demolition costs not approved by the Authority in writing prior to said demolition.

(w) All costs associated with the abatement or remediation of any contaminated soils, fuel storage tanks, or floor and ceiling tiles.

(x) All costs associated with utilities.

(y) All costs associated with cell phone purchase or service.

(z) Dedication, ceremonial or celebratory costs.

(aa) The Authority reserves its right to disallow any costs associated with any change order that deviates from the scope of the project, as determined by the Authority pursuant to the Project Scope and Budget Agreement.

963 CMR: MASSACHUSETTS SCHOOL BUILDING AUTHORITY

Please note that this is an unofficial version of the Massachusetts School Building Authority’s Regulations, 963 CMR 2.00, and is intended for informational purposes only.

(bb) Any costs determined by the Authority to be ineligible pursuant to M.G.L. c. 70B, St. 2004, c. 208, 963 CMR 2.00, the MSBA Audit Guidelines, or any other policy, rule, or guideline of the Authority.

963 CMR 2.00 — MSBA Regulations

963 CMR 2.00 MSBA Regulations

2.01 Authority, Applicability, Scope and Purpose

2.02 Definitions

2.03 General Requirements

2.05 Statement of Interest Process

2.06 Eligibility Period – Module 1

2.07 Forming the Project Team – Module 2

2.08 Feasibility Study – Module 3

2.09 Schematic Design – Module 4

2.10 Funding the Project – Module 5

2.11 Detailed Design – Module 6

2.12 Construction – Module 7

2.13 Completing the Project – Module 8

2.14 Post Occupancy Evaluation – Module 9

2.15 Accelerated Repair Program

2.16 Model School Program

2.17 Audit Procedures

2.01 Authority, Applicability, Scope and Purpose

2.02 Definitions

2.03 General Requirements

2.05 Statement of Interest Process

2.06 Eligibility Period – Module 1

2.07 Forming the Project Team – Module 2

2.08 Feasibility Study – Module 3

2.09 Schematic Design – Module 4

2.10 Funding the Project – Module 5

2.11 Detailed Design – Module 6

2.12 Construction – Module 7

2.13 Completing the Project – Module 8

2.14 Post Occupancy Evaluation – Module 9

2.15 Accelerated Repair Program

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