By: Ratliff S.B. No. 583
97S0169/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to design-build projects for school districts.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter B, Chapter 44, Education Code, is
1-4 amended by adding Section 44.0311 to read as follows:
1-5 Sec. 44.0311. DESIGN-BUILD CONTRACTS FOR FACILITIES.
1-6 (a) In this section:
1-7 (1) "Architect" means an individual registered as an
1-8 architect under Chapter 478, Acts of the 45th Legislature, Regular
1-9 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes).
1-10 (2) "Design-build contract" means a single contract
1-11 with a design-build firm for the design and construction of a
1-12 facility.
1-13 (3) "Design-build firm" means a partnership,
1-14 corporation, or other legal entity which includes an engineer or
1-15 architect and is qualified to engage in building construction in
1-16 Texas.
1-17 (4) "Design criteria package" means a set of plans,
1-18 drawings, and specifications that provides sufficient information
1-19 so as to permit a design-build firm to prepare a bid in response to
1-20 a school district's request for proposals. The design criteria
1-21 package shall specify criteria for the project, including the legal
1-22 description of the site, survey information concerning the site,
1-23 interior space requirements, special material requirements,
2-1 material quality standards, schematic layouts and conceptual design
2-2 criteria of the project, special equipment requirements, cost or
2-3 budget estimates, time schedules, quality assurance and quality
2-4 control requirements, site development requirements, compliance
2-5 with local codes and ordinances, provisions for utilities, parking
2-6 requirements, and other requirements as applicable.
2-7 (5) "Engineer" means an individual registered as a
2-8 professional engineer under The Texas Engineering Practice Act
2-9 (Article 3271a, Vernon's Texas Civil Statutes).
2-10 (6) "Facility" means buildings to be used by a school
2-11 district in accomplishing its educational mission.
2-12 (b) In entering into a contract for the construction of a
2-13 facility using design-build delivery procedures, the contracting
2-14 school district and the design-build firm shall follow the
2-15 procedures provided by Subsections (c) through (j).
2-16 (c) The district shall designate an engineer or architect to
2-17 act as its exclusive representative. If the district's engineer or
2-18 architect is not a full-time employee of the district, an engineer
2-19 or architect shall be selected on the basis of demonstrated
2-20 competence and qualifications in accordance with Subchapter A,
2-21 Chapter 2254, Government Code. The district's engineer or
2-22 architect may not be a member of any design-build team or firm that
2-23 submits a proposal or is selected for the project.
2-24 (d) The district's engineer or architect shall prepare a
2-25 request for qualifications which includes general information on
3-1 the project site, project scope, budget, special systems, selection
3-2 criteria, and other information that may assist potential
3-3 design-build teams in submitting proposals for the project. The
3-4 district's engineer or architect shall also prepare a design
3-5 criteria package which includes more detailed information on the
3-6 project.
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 in consultation with
3-15 the district's engineer or architect shall evaluate each offeror's
3-16 experience, technical competence, and capability to perform, the
3-17 past performance of the offeror's team and members of the team, and
3-18 other appropriate factors submitted by the team or firm in response
3-19 to the request for qualifications, except that cost-related or
3-20 price-related evaluation factors are not permitted. The district
3-21 and its engineer or architect shall qualify at least three of the
3-22 potential offerors to submit additional information regarding
3-23 technical proposals, implementation, and costing methodologies in
3-24 response to a formal request for proposals based on the design
3-25 criteria package. If the preparation of proposals requires
4-1 engineering design, the district shall reimburse qualified
4-2 proposers for such costs.
4-3 (2) In phase two, the district and its designated
4-4 engineer or architect shall evaluate proposers on the basis of
4-5 demonstrated competence and qualifications; considerations of
4-6 safety and long-term durability of the project; the feasibility of
4-7 implementing the project as proposed; ability to meet schedules;
4-8 costing methodology; and other factors as appropriate. The
4-9 district shall select the design-build firm that submits the
4-10 proposal offering the best value for the district.
4-11 (g) Following selection of a design-build firm under
4-12 Subsection (f), the firm's engineers or architects shall complete
4-13 the design, submitting all design elements for review and
4-14 determination of scope compliance by the district's engineer or
4-15 architect prior to or concurrently with construction.
4-16 (h) An engineer shall have responsibility for compliance
4-17 with the engineering design requirements and all other requirements
4-18 of The Texas Engineering Practice Act (Article 3271a, Vernon's
4-19 Texas Civil Statutes).
4-20 (i) At the conclusion of construction, the district's
4-21 engineer or architect shall have responsibility for advising the
4-22 district as to whether the project complies with the originally
4-23 developed scope, design, and criteria.
4-24 (j) The design-build firm shall supply a signed and sealed
4-25 record of the project as constructed to the district at the
5-1 conclusion of construction.
5-2 SECTION 2. This Act takes effect September 1, 1997.
5-3 SECTION 3. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.