6.27.2 NMAC

TITLE 6 PRIMARY AND SECONDARY EDUCATION

CHAPTER 27 PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL

PART 2 PUBLIC SCHOOL FACILITIES AUTHORITY

6.27.2.1 ISSUING AGENCY: Public School Capital Outlay Council

[6.27.2.1 NMAC - N, 06/15/04]

6.27.2.2 SCOPE: Public school capital outlay council and public schools facilities authority

[6.27.2.2 NMAC - N, 06/15/04]

6.27.2.3 STATUTORY AUTHORITY: The Public School Capital Outlay Act, Sections 22-24-1 to 22-24-11 and 22-20-1 NMSA 1978.

[6.27.2.3 NMAC - N, 06/15/04; A, 07/15/10]

6.27.2.4 DURATION: Permanent

[6.27.2.4 NMAC - N, 06/15/04]

6.27.2.5 EFFECTIVE DATE: June 15, 2004, unless a later date is cited at the end of a section.

[6.27.2.5 NMAC - N, 06/15/04]

6.27.2.6 OBJECTIVE: The objective of the rule is to establish the general provisions for rules filed in this chapter.

[6.27.2.6 NMAC - N, 06/15/04]

6.27.2.7 DEFINITIONS: [Reserved]

6.27.2.8 GENERAL PROVISIONS: DIRECTOR

A. The council shall select the director of the authority, who shall serve at the pleasure of the council.

(1) The director may hire no more than two deputy directors with the approval of the council. The deputy directors shall serve at the pleasure of the director.

(2) The director shall hire, fire and otherwise take personnel actions for personnel as may be employed by the authority.

B. The director shall present an organizational chart and budget for the operation of the authority and the execution of the duties of the authority to the council for its review and approval at such times as directed by the council.

C. The director shall present an annual calendar and work schedule to the council at such time as directed by the council.

D. The director shall provide reports and other information as requested by the council.

[6.27.2.8 NMAC - N, 06/15/04]

6.27.2.9 AUTHORITY: DUTIES

A. The authority shall perform duties as provided by law and as directed by the council.

B. As required by law and rule, or in addition to such duties as set forth in law and rule, the authority shall:

(1) consult with the secretary of public education or the secretary’s designee prior to recommending building standards for public school facilities to the council;

(2) maintain the statewide database that reflects the condition of each public school facility;

(3) develop, implement and maintain a uniform web-based facility information management systems (FIMS);

(4) assist public school districts with implementation and maintenance of FIMS;

(5) account for all distributions of grant assistance from the fund for which the initial award was made after July 1, 2004, and make annual reports to the department, the governor, the legislative education study committee, the legislative finance committee, the public school capital outlay oversight task force and the legislature; and

(6) administer all appropriations, monies, projects, contracts, agreements, records, property, equipment and supplies previously administered by the deficiencies correction unit of the public school capital outlay council.

C. Advise the council of the need to make allocations for emergencies that require immediate action by the authority to safeguard the health or safety of students or school personnel, or where there is a threat of significant property damage if immediate action is not taken. All applications for emergency capital outlay grant assistance must be submitted to the authority on the current, approved, and designated form, and which form shall be signed by the school board president, the school district superintendent and the regional manager of the authority for the region in which the school is located. As part of the application, a quorum of the school board submitting the application must meet either in a regular meeting or a special meeting called for the purpose of declaring an emergency. The school board, in addition to declaring an emergency, must certify that no other funds are available to address the emergency. Depending upon the amount of the emergency grant request, the following procedures shall apply.

(1) If the grant request is for $150,000 or less, the director, with the approval of the council chair, may grant or advance up to $150,000 for school district emergencies if it is determined by the director that sufficient district funds are not available. In instances where district cash flow or cash balances prevent available funds from being used for the emergency, emergency assistance may be offered in the form of an advance to be repaid as opposed to a grant.

(2) If the grant request is for more than $150,000, consideration of the request must be by a quorum of the council in a public meeting. The district will be notified of when and where the meeting will be held and will be provided the opportunity to appear before the council to address the emergency funding request. In instances where district cash flow or cash balances prevent available funds from being used for the emergency, emergency assistance may be offered in the form of an advance to be repaid by the district.

[6.27.2.9 NMAC - N, 06/15/04; A, 08/31/05; A, 07/15/10]

6.27.2.10 Pre-IMPLEMENTATION Phase for projects funded wholly or in part by the council. The authority shall:

A. assist districts in developing scope of project, budget, timeline for completion and best procurement method based on final budget;

B. work with the school district to determine:

(1) the feasibility of using design, build and finance arrangements for the public school capital outlay project;

(2) the potential use of more durable construction materials that may reduce long-term operating costs; and

(3) any other financing or construction concept that may maximize the dollar effect of the state grant assistance, including competitive proposal contracts entered into pursuant to rules adopted through a public rulemaking process in accordance with the Procurement Code.

[6.27.2.10 NMAC - N, 06/15/04]

6.27.2.11 OVERSIGHT AND IMPLEMENTATION OF PROJECTS FUNDED WHOLLY OR IN PART BY THE COUNCIL

A. The authority shall:

(1) oversee the procurement process;

(2) require the use of standardized construction documents and the use of a standardized process for change orders;

(3) review plans and specifications for compliance with the statewide adequacy standards and all applicable codes and regulations;

(4) coordinate all required reviews and approvals;

(5) require standardized reporting and use of the construction information management system (CIMS) to monitor progress of projects;

(6) conduct periodic on-site inspections and inspection of documents to ensure compliance with project specifications;

(7) ensure timely payments for completed work;

(8) on or before the 12^th month following substantial completion of the project or phase, the authority will schedule a review of all project expenditures that apply to both the scope of work and to the statewide adequacy standards to insure that the overall expenditures align with the match percentages after necessary offsets and waivers as identified in the memorandum of understanding for the project; following mutual agreement on the overall and final financial project status, project balances will be reallocated by the council; all council awards must be fully reconciled and reallocated no later than eighteen (18) months after substantial completion; and

(9) maintain records for completed projects, including warranties.

B. Management and oversight involvement by the authority shall be either direct or indirect, depending on the degree of qualified personnel in the district and ability to provide proper oversight of the project. Even with respect to responsibilities granted to the district, the authority must be consulted and must approve the actions taken in order for the authority to authorize payment for the work.

C. The authority shall develop an agreement for each project defining the respective roles and responsibilities of the authority and the district. The process shall be defined in the district agreement and may include responsibilities for the following, which shall be accomplished through the use of standardized documents, procedures, and reports, the construction information management system (CIMS), and also include review, approval and payment for completed work at each phase.

(1) Pre-design phase:

(a) assist districts in developing initial scope of project and budget;

(b) assist districts in development of educational specifications where required; and

(2) Design phase:

(a) prepare or assist in developing contracts for design professionals, consultants and other required services;

(b) final review and approval of the various submittal phases including but not limited to; program statement, schematic design, design development and construction documents for completeness;

(d) issue or review invitation to bid;

(e) assist or conduct pre-bid conference;

(f) coordinate bid opening; and

(g) review and evaluate bids.

(3) Construction phase:

(a) prepare or assist in development of contracts for construction;

(b) assist or conduct pre-construction conference;

(c) coordinate weekly project meeting with architect, engineer, consultants, district personnel, contractors and sub-contractors;

(d) provide interface for understanding of issues, disputes, and mediation;

(e) review, approve and oversee changes to the work; and

(f) periodic review and validation of work to insure conformance with contract and industry standards of quality.

(4) Project close-out:

(a) verify all work complete;

(b) coordinate operations and maintenance training;

(d) approve final close-out documents;

(e) review warranties;

(f) ensure final acceptance by district;

(g) update facility information management system (FIMS) for new facilities and equipment;

(h) ensure all required documents related to the projects are properly held and archived;

(i) ensure that one-year warranty inspections are conducted and oversee any required repairs or remedies; and

(j) schedule and conduct project budget closeout review with the district.

D. The authority shall report to the council concerning the progress of projects.

(1) The authority shall identify and make recommendations to the council concerning any substantial noncompliance with any reporting requirement or condition.

(2) The authority shall identify and make recommendations to the council regarding any misfeasance or malfeasance in the implementation of the project warranting the withholding of all or part of the grant assistance for the project.

[6.27.2.11 NMAC - N, 06/15/04; A, 07/15/10]

6.27.2.12 OTHER SCHOOL CONSTRUCTION PROJECTS; REQUIRED APPROVALS UNDER SECTION 22-20-1 NMSA 1978

A. Each local school board must secure the approval of the director or the director’s designee prior to the construction or letting of contracts for construction of any school building or related school structure or before reopening an existing structure that was formerly used as a school building but that has not been used for that purpose during the previous year. As used in this subsection, “construction” means any project for which the construction industries division of the regulation and licensing department (CID) requires permitting. A “related school structure” means a project involving any structure or part of a structure under the control of the local school district for which the construction industries division requires permitting.

B. Excepted from the requirements of Subsection A of this section, but not from permitting requirements of CID or other jurisdictions having authority are school construction projects with a value of $200,000 or less, exclusive of gross receipts tax. For such projects, however, the local school board shall complete a notice of school construction, on the current, approved and designated form, which form shall be submitted to the authority at least ten (10) days prior to the construction or the letting of contracts for construction of the project. It shall be the responsibility of the local school board or its designee to obtain all required permits and approvals from local, state and federal agencies having jurisdiction over any portion of the proposed construction. Additionally, if the construction project involves the construction of new buildings or structures, additions to existing structures or the demolition of existing structures, the local school board or its designee shall submit to the authority a dimensioned or scaled floor plan and site plan showing the proposed construction and any building or structure to be demolished. The site plan shall illustrate the distance of the new construction or demolition from existing structures and shall be sufficiently detailed to provide an accurate representation of the proposed construction or demolition.

C. A written request for approval meeting the requirements of Subsection A of Section 22-20-1 NMSA 1978 must be submitted to the director on a form prescribed by the director. The form shall include an assurance that any contract for the construction of a public school facility, including contracts funded in whole or in part with insurance proceeds, shall contain provisions requiring the construction to be in compliance with the statewide adequacy standards.

D. The director or the director’s designee shall approve the request if the director reasonably determines that the conditions set forth in Subsection B of Section 22-20-1 NMSA 1978 have been met, including:

(1) certification by the secretary that the construction shall support the educational program of the school district; and

(2) determination that the construction project is in compliance with the statewide adequacy standards.

E. Within thirty (30) days of receipt of the request for approval, the director or the director’s designee shall notify the local school board and the department of the approval or disapproval of the request.

F. No local school board may construct, or cause the construction of, any public school building within four hundred (400) feet of any main artery of travel without the prior written approval of the department or its designee.

G. The authority will coordinate all required reviews and approvals.

[6.27.2.12 NMAC - N, 06/15/04; A, 08/31/05; A, 07/15/10]

HISTORY OF 6.27.2 NMAC: [RESERVED]