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HomeMy WebLinkAboutAgenda - 05-19-1998 - 4 ,~ /~-96' A BILL TO BE ENTITLED AN ACT TO ALLOW THE BOARDS OF EDUCATION IN THE COUNTIES OF JOHNSTON, ORANGE AND PITT TO USE ALTERNATIVE DELIVERY SYSTEMS FOR PUBLIC SCHOOL FACILITIES WHEREAS, education is the energy that drives economic growth and development; and WHEREAS, facilities are an integral part of the educational equation and vital to the educational learning process; and. WHEREAS, North Carolina is faced with a crisis in providing adequate public school facilities, estimated to exceed six billion dollars over five years; and WHEREAS, local government is faced with serious budget challenges due to increased demands for public service, shrinking financial resources and shifting budget priorities; and WHEREAS, bold and creative leadership is required by public officials to meet the challenge of "adequate school facilities for every learner in North Carolina"; and WHEREAS, the counties of Johnston, Orange, and Pitt are committed to creativity in the development and delivery of public school facilities and believe that the public investment in capital assets should be properly managed; and WHEREAS, the Boards of Education in the counties of Johnston, Orange and Pitt have agreed to join together in a unique creative and collaborative venture of sharing educational programming and facilities technology to their mutual benefit; and `WHEREAS, the Board of Education and County Commissioners in each county have joined together in a cooperative effort to deliver schools that are educationally effective and economically efficient. WHEREAS, the General Assembly reaffirms its commitment to enhance public education, to encourage innovative development of school facilities and explore alternative delivery systems. NOW THEREFORE, the General Assembly of North Carolina enacts: Section 1. Notwithstanding the provisions of any general statute or administrative rule to the contrary, the Boards of Education in the counties of Johnston, Orange and Pitt are authorized to jointly develop and implement afive- year pilot program for the delivery of public school facilities that includes: (a) Qualifications Based Contractor Selection Process: The contractor selection criteria may be based on: organizational information; financial status and bonding capacity; experience of office and field personnel; experience on school projects; experience with the separate prime contract delivery system; cooperation and coordination with other contractors; quality, cost and timely performance on completed school projects; references of public owners and other factors deemed appropriate. Based upon the qualifications criteria, each Board of Education may select, in their sole discretion and determination, a minimum of three of the best- qualified contractors in each of the categories of work to be bid. (b) Separate-Prime Contract Delivery System: Based on the public bidding of the specified work by the selected contractors, as provided in Section 1(a) above, each Board of Education may choose to award contracts based on the separate-prime contract delivery system. If the Board chooses to use the separate- prime contract delivery system, the provisions of G.S.143-128(a) and 143-129 shall apply. (c) Single-Prime Contract Delivery System: Based on the public bidding of the specified work by the selected contractors, as provided in Section 1(a) above, each Board of Education may choose to award contracts based on the single-prime contract delivery system. If the Board chooses to use the single-prime contract delivery system, the provisions of G.S. 143-129 shall apply. However, the mechanical, electrical and plumbing construction, as specified, must be publicly bid at least one day prior to the general construction and each single-prime bidder must incorporate the bids and contract with the successful mechanical, electrical and plumbing. contractor. (d) Professional Construction Management Delivery System: Based upon the provisions of G.S.143-64.31 each Board of Education shall select the best qualified designer, who for a negotiated fee based on scope of work, will be Liable and responsible to the Board for the delivery and management of all project design services; and based upon the provisions of Section 1(a) above, each Board of Education shall select the best qualified contractor (hereafter called construction manager), who for a negotiated fee based on scope of work, will be liable and responsible to the Board for the delivery and management of all project construction services. Working together as a professional team, the designer and the construction manager will use their unique skills and experiences to design, publicly bid and deliver a school facility that serves the best interest of the Board and the public. Based on Section 1(a) above the designer and contractor will jointly select a minimum of three mechanical, electrical, plumbing, general or other specialty contractors and publicly bid the specified work packages consistent with the provisions of G.S. 143-129. The lowest bids of the successful subcontractors will be combined into alump-sum single contract with the selected construction manager who will deliver and manage all construction services for the negotiated fee. (e) Design-Build Delivery System: Each Board of Education may accept proposals and award a contract to deliver school facilities based on single liability for the design and construction services for a guaranteed maximum price. If the Board chooses the design-build delivery system, the design-build teams, selected to submit proposals, must be selected based on criteria similar and consistent with the intent of G.S. 143.64.31 and Section 1(a) above. (f) Design/Buiid/Finance Delivery System: The Boards of County Commissioners in the counties of Johnston, Orange and Pitt, in agreement with each Board of Education, may accept proposals and award a contract to deliver school facilities on a design/buildlfinance basis; provided however, that the proposed facility meets the educational program needs and is approved by the respective Board of Education; and further provided that the financing of the school project is approved by the North Carolina Local Government Commission. If the County Commissioners, in agreement with the Board of Education, choose the design/buildlfinance delivery system, the design-build teams selected to submit proposals must be selected based on criteria similar and consistent with the intent of G.S.143.64.31 and Section 1(a) above. Section 2. Consistent with the authority to develop and implement afive-year pilot program for the delivery of public school facilities, the Boards of Education in Johnston, Orange and Pitt will jointly develop a common set of guidelines and procedures to administer and evaluate the program. During the development and implementation of this program, the Boards of Education will seek input from and share information with appropriate education, industry and government groups. Section 3. The Boards of Education in the counties of Johnston, Orange and Pitt shall present a joint report annually to the Joint Legislative Committee on Governmental Operations. Section 4. This act is effective upon ratification and expires July 1, 2003.