By: Ratliff S.B. No. 583
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the construction of facilities by school districts and
1-2 institutions of higher education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 44, Education Code, is
1-5 amended by adding Section 44.0311 to read as follows:
1-6 Sec. 44.0311. DESIGN-BUILD CONTRACTS FOR FACILITIES.
1-7 (a) In this section:
1-8 (1) "Architect" means an individual registered as an
1-9 architect under Chapter 478, Acts of the 45th Legislature, Regular
1-10 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes).
1-11 (2) "Design-build contract" means a single contract
1-12 with a design-build firm for the design and construction of a
1-13 facility.
1-14 (3) "Design-build firm" means a partnership,
1-15 corporation, or other legal entity or team which includes an
1-16 engineer or architect and builder qualified to engage in building
1-17 construction in Texas.
1-18 (4) "Design criteria package" means a set of documents
1-19 that provides sufficient information to permit a design-build firm
1-20 to prepare a response to a school district's request for proposals.
1-21 The design criteria package shall specify criteria the district
1-22 deems necessary to describe the project and may include, as
1-23 appropriate, the legal description of the site, survey information
2-1 concerning the site, interior space requirements, special material
2-2 requirements, material quality standards, conceptual criteria for
2-3 the project, special equipment requirements, cost or budget
2-4 estimates, time schedules, quality assurance and quality control
2-5 requirements, site development requirements, applicable codes and
2-6 ordinances, provisions for utilities, parking requirements, or any
2-7 other requirement, as applicable.
2-8 (5) "Engineer" means an individual registered as a
2-9 professional engineer under The Texas Engineering Practice Act
2-10 (Article 3271a, Vernon's Texas Civil Statutes).
2-11 (6) "Facility" means buildings or structures to be
2-12 used by a school district.
2-13 (b) In entering into a contract for the construction of a
2-14 facility using design-build delivery procedures, the contracting
2-15 school district and the design-build firm shall follow the
2-16 procedures provided by Subsections (c) through (i).
2-17 (c) The district may designate an engineer or architect to
2-18 act as its exclusive representative. If the district's engineer or
2-19 architect is not a full-time employee of the district, any engineer
2-20 or architect designated shall be selected on the basis of
2-21 demonstrated competence and qualifications in accordance with
2-22 Subchapter A, Chapter 2254, Government Code.
2-23 (d) The district shall prepare a request for qualifications
2-24 which includes general information on the project site, project
2-25 scope, budget, special systems, selection criteria, and other
3-1 information that may assist potential design-build firms in
3-2 submitting proposals for the project. The district shall also
3-3 prepare the design criteria package which includes more detailed
3-4 information on the project. If the design criteria package
3-5 includes engineering or architectural elements, the package shall
3-6 be prepared by an engineer or architect.
3-7 (e) The district shall publish the request for
3-8 qualifications in at least two successive issues of any newspaper
3-9 of general circulation in the county in which the district's
3-10 central office is located at least 30 days prior to the deadline
3-11 for receiving responses to the request for qualifications.
3-12 (f) The district shall evaluate proposals and select a
3-13 design-build firm in two phases:
3-14 (1) In phase one, the district shall evaluate each
3-15 offeror's experience, technical competence, and capability to
3-16 perform, the past performance of the offeror's team and members of
3-17 the team, and other appropriate factors submitted by the team or
3-18 firm in response to the request for qualifications, except that
3-19 cost-related or price-related evaluation factors are not permitted.
3-20 Each offeror must certify to the district that the engineer or
3-21 architect that is a member of its team was selected based on
3-22 demonstrated competence and qualifications. The district shall
3-23 qualify a maximum of three potential offerors to submit additional
3-24 information regarding technical proposals, implementation, and
3-25 costing methodologies in response to a formal request for proposals
4-1 based on the design criteria package.
4-2 (2) In phase two, the district shall evaluate
4-3 proposers on the basis of demonstrated competence and
4-4 qualifications; considerations of the safety and long-term
4-5 durability of the project; the feasibility of implementing the
4-6 project as proposed; the ability of the proposer to meet schedules;
4-7 costing methodology; or other factors as appropriate. If the
4-8 preparation of proposals requires engineering or architectural
4-9 design, the district shall reimburse qualified proposers for such
4-10 costs. The district shall select the design-build firm that
4-11 submits the proposal offering the best value for the district.
4-12 (g) Following selection of a design-build firm under
4-13 Subsection (f), that firm's engineers or architects shall complete
4-14 the design, submitting all design elements for review and
4-15 determination of scope compliance by the district's engineer or
4-16 architect prior to or concurrently with construction.
4-17 (h) An engineer shall have responsibility for compliance
4-18 with the engineering design requirements and all other requirements
4-19 of The Texas Engineering Practice Act (Article 3271a, Vernon's
4-20 Texas Civil Statutes). An architect shall have responsibility for
4-21 compliance with the requirements of Chapter 478, Acts of the 45th
4-22 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
4-23 Civil Statutes).
4-24 (i) The design-build firm shall supply a signed and sealed
4-25 set of construction documents for the project and a record of the
5-1 project as built to the district at the conclusion of construction.
5-2 SECTION 2. Section 51.907, Education Code, is amended to
5-3 read as follows:
5-4 Sec. 51.907. COMPETITIVE BIDDING ON CONTRACTS. Except as
5-5 provided by Section 51.9071 of this code, all [All] contracts for
5-6 the construction or erection of permanent improvements at an
5-7 institution of higher education as defined in Section 61.003 of
5-8 this code are void unless made after advertising for bids thereon
5-9 in a manner prescribed by its governing board, receiving sealed
5-10 competitive bids, and awarding of the contract to the lowest
5-11 responsible bidder by the governing body. If a contract is to be
5-12 recommended for award to other than the lowest bidder, any bidder
5-13 making a lower bid than the recommended bid shall be notified of
5-14 the recommendation for award and shall be allowed an opportunity
5-15 prior to the award to present evidence to the board or its
5-16 designated representative as to the responsibility of that bidder.
5-17 SECTION 3. Subchapter Z, Chapter 51, Education Code, is
5-18 amended by adding Section 51.9071 to read as follows:
5-19 Sec. 51.9071. DESIGN-BUILD CONTRACTS FOR FACILITIES.
5-20 (a) In this section:
5-21 (1) "Architect" means an individual registered as an
5-22 architect under Chapter 478, Acts of the 45th Legislature, Regular
5-23 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes).
5-24 (2) "Design-build contract" means a single contract
5-25 with a design-build firm for the design and construction of a
6-1 facility.
6-2 (3) "Design-build firm" means a partnership,
6-3 corporation, or other legal entity or team which includes an
6-4 engineer or architect and builder qualified to engage in building
6-5 construction in Texas.
6-6 (4) "Design criteria package" means a set of documents
6-7 that provides sufficient information to permit a design-build firm
6-8 to prepare a response to an institution's request for proposals.
6-9 The design criteria package shall specify criteria the institution
6-10 deems necessary to describe the project and may include, as
6-11 appropriate, the legal description of the site, survey information
6-12 concerning the site, interior space requirements, special material
6-13 requirements, material quality standards, conceptual criteria for
6-14 the project, special equipment requirements, cost or budget
6-15 estimates, time schedules, quality assurance and quality control
6-16 requirements, site development requirements, applicable codes and
6-17 ordinances, provisions for utilities, parking requirements, or any
6-18 other requirement, as applicable.
6-19 (5) "Engineer" means an individual registered as a
6-20 professional engineer under The Texas Engineering Practice Act
6-21 (Article 3271a, Vernon's Texas Civil Statutes).
6-22 (6) "Facility" means buildings or structures to be
6-23 used by an institution of higher education.
6-24 (7) "Institution" means an institution of higher
6-25 education as defined in Section 61.003.
7-1 (8) "Board" means the governing board of an
7-2 institution.
7-3 (b) In entering into a contract for the construction of a
7-4 facility using design-build delivery procedures, the contracting
7-5 institution and the design-build firm shall follow the procedures
7-6 provided by Subsections (c) through (i).
7-7 (c) The board may designate an engineer or architect to act
7-8 as its exclusive representative. If the board's engineer or
7-9 architect is not a full-time employee of the institution, any
7-10 engineer or architect designated shall be selected on the basis of
7-11 demonstrated competence and qualifications in accordance with
7-12 Subchapter A, Chapter 2254, Government Code.
7-13 (d) The institution shall prepare a request for
7-14 qualifications which includes general information on the project
7-15 site, project scope, budget, special systems, selection criteria,
7-16 and other information that may assist potential design-build firms
7-17 in submitting proposals for the project. The institution shall
7-18 also prepare the design criteria package which includes more
7-19 detailed information on the project. If the design criteria
7-20 package includes engineering or architectural elements, the package
7-21 shall be prepared by an engineer or architect.
7-22 (e) The board or its representative shall publish the
7-23 request for qualifications in a manner prescribed by the board.
7-24 (f) The board or its representative shall evaluate proposals
7-25 and select a design-build firm in two phases:
8-1 (1) In phase one, the board or its representative
8-2 shall evaluate each offeror's experience, technical competence, and
8-3 capability to perform, the past performance of the offeror's team
8-4 and members of the team, and other appropriate factors submitted by
8-5 the team or firm in response to the request for qualifications,
8-6 except that cost-related or price-related evaluation factors are
8-7 not permitted. Each offeror must certify to the board that the
8-8 engineer or architect that is a member of its team was selected
8-9 based on demonstrated competence and qualifications. The board or
8-10 its representative shall qualify a maximum of three potential
8-11 offerors to submit additional information regarding technical
8-12 proposals, implementation, and costing methodologies in response to
8-13 a formal request for proposals based on the design criteria
8-14 package.
8-15 (2) In phase two, the board or its representative
8-16 shall evaluate proposers on the basis of demonstrated competence
8-17 and qualifications; considerations of the safety and long-term
8-18 durability of the project; the feasibility of implementing the
8-19 project as proposed; the ability of the proposer to meet schedules;
8-20 costing methodology; or other factors as appropriate. If the
8-21 preparation of proposals requires engineering or architectural
8-22 design, the institution shall reimburse qualified proposers for
8-23 such costs. The board shall select the design-build firm that
8-24 submits the proposal offering the best value for the institution.
8-25 (g) Following selection of a design-build firm under
9-1 Subsection (f), that firm's engineers or architects shall complete
9-2 the design, submitting all design elements for review and
9-3 determination of scope compliance by the institution's engineer or
9-4 architect prior to or concurrently with construction.
9-5 (h) An engineer shall have responsibility for compliance
9-6 with the engineering design requirements and all other requirements
9-7 of The Texas Engineering Practice Act (Article 3271a, Vernon's
9-8 Texas Civil Statutes). An architect shall have responsibility for
9-9 compliance with Chapter 478, Acts of the 45th Legislature, Regular
9-10 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes).
9-11 (i) The design-build firm shall supply a signed and sealed
9-12 set of construction documents for the project and a record of the
9-13 project as built to the institution at the conclusion of
9-14 construction.
9-15 SECTION 4. This Act takes effect September 1, 1997.
9-16 SECTION 5. The importance of this legislation and the
9-17 crowded condition of the calendars in both houses create an
9-18 emergency and an imperative public necessity that the
9-19 constitutional rule requiring bills to be read on three several
9-20 days in each house be suspended, and this rule is hereby suspended.