Boss is out at agency to build schools

Board approves major overhaul of $8.6B construction program
Wednesday, May 11, 2005 • BY DUNSTAN McNICHOL • Star-Ledger Staff

The chairman of New Jersey's $8.6 billion school construction program stepped down yesterday, and the program's board approved a top-to-bottom overhaul, including wholesale changes in the way the corporation pays for and uses contractors, architects and other professionals.

Board chairman Jack Kocsis had drawn criticism for serving as chairman of the New Jersey Schools Construction Corp. at the same time he served as executive director and lobbyist for a building trade group whose members have been awarded more than $1 billion in work through the program.

Acting Gov. Richard Codey promptly replaced Kocsis as chairman with former Public Service Electric & Gas Co. president Alfred C. Koeppe.

"Al Koeppe has a proven record of integrity and accountability," Codey said in a statement announcing the changes. "He will bring new accountability and new oversight to the program."

Codey asked Kocsis to remain on the SCC board as a member.

"I am gratified that the governor has recognized my commitment to the program, and at the governor's request, I will continue to serve as a member of the SCC board," Kocsis, executive director of the Building Contractors Association of New Jersey, said in a statement released after his resignation. "I look forward to working with Al Koeppe and have pledged my ongoing support to complete the mission of building safe and modern classrooms for the students and teachers of our state."

Kocsis submitted his resignation as chairman shortly after the SCC board voted 11-0 in special session to approve a sweeping menu of reforms suggested in an inspector general's review last month.

Among other things, the board voted to cap "change orders" -- amendments to building contracts that have added tens of millions of dollars in costs -- at 5 percent of a school's overall price tag. It also agreed to seek refunds from architects whose design mistakes add costs to construction work, and to scale back the tasks assigned to 13 project management firms that were scheduled to collect $462.5 million in fees.

The board also plans to hire a chief financial officer by May 31 and to terminate, by the end of July, a $25 million contract for temporary professional help the inspector general had criticized as costly and questionable.

"I believe we will be able to save money and stretch the money moving forward," said Jack Spencer, chief executive officer of the SCC. "They are more than just oversight (changes)."

The changes are the corporation's first step toward lifting a ban on new school construction projects that Codey imposed in March, after Inspector General Mary Jane Cooper told him her review was finding evidence of waste and inefficiency.

Codey ordered the inspector general's review in February after a Star-Ledger analysis found that the six schools built by the SCC since 2002 cost on average 45 percent more than the 19 schools built without the agency's oversight during the same period.

The Star-Ledger analysis found, among other things, that the SCC pays its project management firms fees that amount to 10 percent of a school's construction cost -- more than triple the rate that non-SCC jobs paid their construction managers -- and that architects on SCC jobs are paid about double the industry standard.

In her initial report in April, Cooper questioned those professional fees and also raised questions about SCC employee bonuses, the $25 million temporary worker contract and the approval of costly change orders.

"We're pleased the SCC is moving to implement the inspector general's reforms so swiftly," said Kelley Heck, a spokeswoman for Codey. "We look forward to these reforms being implemented so New Jersey's residents can be assured their tax dollars are spent wisely and productively in the building of new schools."

The new changes will have a dramatic effect on the 13 construction companies hired by the SCC as project management firms. They have already been paid $231 million, about half what their long-term contracts are worth.

Yesterday, the SCC board agreed to scale back those contracts and to turn much of the project-oversight duties to SCC staff or to construction managers hired for particular school jobs.

In addition, the SCC changed its rules to specify that the same company cannot serve as a project management firm on some school jobs and a builder on others.

"It takes away the perception or the possibility of a conflict of interest," Spencer said. "Some are going to have to make a business decision whether they are going to continue to work as a project management firm or as a project contractor."

In another fundamental policy change, the SCC board agreed to adopt standardized design and materials for SCC project schools by Aug. 15.

The changes are coming as the Schools Construction Corp. is nearing the end of its first allotment of state funds. The corporation was formed 2 1/2 years ago to implement a state Supreme Court order, in the long-running Abbott vs. Burke school funding case, requiring the state to repair or replace hundreds of "crumbling and obsolescent" school buildings in 31 needy communities.

Spencer said the $6 billion lawmakers authorized for the program will be tapped out by January, with work under way on fewer than half the needed schools.

Joan Ponessa, who is monitoring the school building program on behalf of the Education Law Center, the Newark not-for-profit that pressed the Abbott lawsuit, said she is hopeful yesterday's changes will improve the building program.

"They can't hurt," she said. "The chief financial officer is really critical."


Dunstan McNichol covers state government issues. He may be reached at dmcnichol@starledger.com or (609) 989-0341.
© 2005 The Star-Ledger. Used by NJ.com with permission.

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