Bill Text: DE SB249 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To School Construction Capital Improvements.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2014-06-24 - Laid On Table in Senate [SB249 Detail]
Download: Delaware-2013-SB249-Draft.html
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SPONSOR: |
Sen. Venables & Rep. Scott |
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Sens. Bushweller, Ennis, Hocker |
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DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
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SENATE BILL NO. 249 |
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AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO SCHOOL CONSTRUCTION CAPITAL IMPROVEMENTS. |
Section 1.Amend Chapter 75, Title 29 of the Delaware Code by designating §§7501 through 7530 as Subchapter I thereof and by making deletions as shown by strike through and insertions as shown by underline as follows:
Subchapter II.Public-Private Pilot Program for School Construction and School Infrastructure Improvements.
§7531. The purpose of this subchapter is to allow school districts to enter into agreements with contractors and private partners through a competitive process for the development and implementation of qualified school construction and infrastructure projects as defined herein.The contracting flexibility provided herein would allow for design construct, design construct and operate, privately funded and other arrangements for undertaking qualified projects based on defined need and concept statements issued by the school districts. The availability of the contractual approach will promote cost reduction, efficiency and potential alternative private financing resulting in savings in the expenditure of available funding.
§7532. Definitions.
As used in this subchapter:
(1) "Agreement" means a contract entered into between one or more contracting parties for a project.
(2) "Contracting party" means any individual, corporation, partnership, company, limited liability company, trust, association, joint venture, pool, syndicate, sole proprietorship, unincorporated association, body politic, authority or any other form of entity not specifically listed herein entering into an agreement with a school district for a project.
(3) "Department" means the Department of Education.
(4) "Project" means any school construction project authorized and undertaken pursuant to this subchapter.
(5) "Secretary" means the Secretary of the Department of Education.
(6) "School district" means a reorganized school district or vocational-technical school district.
§7533.Authorized Projects.
School construction projects authorized under this subchapter shall include the following:
(1) Educational facilities, including related and subordinate facilities, including the land which is appurtenant to the project;
(2) Improvements, together with equipment, to support the use or enhance the use of educational facilities;
(3) Utility and telecommunications and other communications infrastructure;
(4) Recreational facilities; and
(5) Infrastructure and improvements to infrastructure to support current and expanded needs of an educational facility.
§7534. Project Locations.
Qualified projects may be located on property owned or controlled by a school district, property owned or controlled by the State, a county, a city, municipality or other governmental entity, or property privately owned or controlled.
§7535. Solicitation of Proposals and Award of Contracts.
(a) A school district which utilizes the contractual arrangements authorized under this subchapter shall satisfy the following requirements:
(1) A statement of the project scope and purpose shall be prepared.The statement shall include a description of the project concept and the desired result of project implementation.The statement shall be subject to approval of the board of the school district.
(2) A request for proposals (RFP) shall be prepared and published weekly for at least two consecutive weeks on the 'marketplace' website and/or in a newspaper distributed in the County in which the project is located.The RFP shall also be posted on the website of the school district, and onsite during the two week period.
(3) The school district shall review the responses to the RFP and conduct interviews with the responder or responders considered to have best addressed project needs.Based on the interview or interviews a responder or responders to the RFP may be selected for purposes of negotiation of an agreement to accomplish the project purposes.The agreement shall be awarded to the most responsive responder with cost and other factors considered.
(4) The award of an agreement shall be subject to the approval of the school board.
(b) For any contract which requires construction, a performance bond or other security for the construction work shall be required.
c) For any contract in the amount of $1,000,000 or more it shall be necessary to obtain approval of the Secretary of the Department of Education.
§7536.Standards.
All work undertaken under a contract awarded pursuant to this subchapter shall be subject to applicable laws, regulations, ordinances and codes.
§7537.
Any contract awarded pursuant to this subchapter involving construction work and which is subject to payment with public funds shall be subject to the prevailing wage rates published by the Delaware Department of Labor.
§7538.Funding and Pledge of Credit.
The award of contracts under this subchapter shall be subject to available funding.The full faith and credit of the State of Delaware shall not be pledged for the payment of any amounts due under any agreements.
§7539.Unsolicited Proposals.
Nothing contained herein shall be construed to prohibit the submission of unsolicited proposals for projects designed to reduce costs and provide for the needs of the school district.A school board shall have discretion to reject unsolicited proposals or accept them under such terms and conditions deemed desirable and in the public interest.
§7540.Interim Agreements.
Nothing contained herein shall preclude the award of contracts in stages or for limited purposes, under such schedules and conditions considered desirable to accomplish project objectives.
§7541. Scope.
The provisions of this subchapter are in addition to and not a substitution for other allowed contractual arrangements available for qualified projects.
Section 3.The provision of this Act shall sunset and cease to be effective 5 years after enactment unless continued by subsequent Act of the General Assembly, provided that any project approved and/or commenced prior to the expiration of this Act shall not be terminated or abated by such sunset.
SYNOPSIS
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This Act creates a five year pilot program for the use of public-private partnership agreements in school construction and capital improvement projects.The contracting flexibility provided by this Act will allow school districts to enter into design construct, design construct and operate or privately funded arrangements for qualified school construction projects pursuant to a competitive process approved by the local school board.This will allow school districts to streamline the procurement process, avoid duplication and experience cost savings. Approval of projects is subject to the availability of funds for construction and the Department of Education must approve projects in excess of one million dollars.All contracts entered into pursuant this pilot program must comply with any applicable laws, regulations, ordinances and codes, including prevailing wage requirements. |
Author: Senator Venables
