1-1 By: Ratliff S.B. No. 583
1-2 (In the Senate - Filed February 12, 1997; February 18, 1997,
1-3 read first time and referred to Committee on Education;
1-4 April 1, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; April 1, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 583 By: Haywood
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the construction of facilities by school districts and
1-11 institutions of higher education.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subchapter B, Chapter 44, Education Code, is
1-14 amended by adding Section 44.0311 to read as follows:
1-15 Sec. 44.0311. DESIGN-BUILD CONTRACTS FOR FACILITIES.
1-16 (a) In this section:
1-17 (1) "Architect" means an individual registered as an
1-18 architect under Chapter 478, Acts of the 45th Legislature, Regular
1-19 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes).
1-20 (2) "Design-build contract" means a single contract
1-21 with a design-build firm for the design and construction of a
1-22 facility.
1-23 (3) "Design-build firm" means a partnership,
1-24 corporation, or other legal entity or team which includes an
1-25 engineer or architect and builder qualified to engage in building
1-26 construction in Texas.
1-27 (4) "Design criteria package" means a set of documents
1-28 that provides sufficient information to permit a design-build firm
1-29 to prepare a response to a school district's request for proposals.
1-30 The design criteria package shall specify criteria the district
1-31 deems necessary to describe the project and may include, as
1-32 appropriate, the legal description of the site, survey information
1-33 concerning the site, interior space requirements, special material
1-34 requirements, material quality standards, conceptual criteria for
1-35 the project, special equipment requirements, cost or budget
1-36 estimates, time schedules, quality assurance and quality control
1-37 requirements, site development requirements, applicable codes and
1-38 ordinances, provisions for utilities, parking requirements, or any
1-39 other requirement, as applicable.
1-40 (5) "Engineer" means an individual registered as a
1-41 professional engineer under The Texas Engineering Practice Act
1-42 (Article 3271a, Vernon's Texas Civil Statutes).
1-43 (6) "Facility" means buildings or structures to be
1-44 used by a school district.
1-45 (b) In entering into a contract for the construction of a
1-46 facility using design-build delivery procedures, the contracting
1-47 school district and the design-build firm shall follow the
1-48 procedures provided by Subsections (c) through (i).
1-49 (c) The district may designate an engineer or architect to
1-50 act as its exclusive representative. If the district's engineer or
1-51 architect is not a full-time employee of the district, any engineer
1-52 or architect designated shall be selected on the basis of
1-53 demonstrated competence and qualifications in accordance with
1-54 Subchapter A, Chapter 2254, Government Code.
1-55 (d) The district shall prepare a request for qualifications
1-56 which includes general information on the project site, project
1-57 scope, budget, special systems, selection criteria, and other
1-58 information that may assist potential design-build firms in
1-59 submitting proposals for the project. The district shall also
1-60 prepare the design criteria package which includes more detailed
1-61 information on the project. If the design criteria package
1-62 includes engineering or architectural elements, the package shall
1-63 be prepared by an engineer or architect.
1-64 (e) The district shall publish the request for
2-1 qualifications in at least two successive issues of any newspaper
2-2 of general circulation in the county in which the district's
2-3 central office is located at least 30 days prior to the deadline
2-4 for receiving responses to the request for qualifications.
2-5 (f) The district shall evaluate proposals and select a
2-6 design-build firm in two phases:
2-7 (1) In phase one, the district shall evaluate each
2-8 offeror's experience, technical competence, and capability to
2-9 perform, the past performance of the offeror's team and members of
2-10 the team, and other appropriate factors submitted by the team or
2-11 firm in response to the request for qualifications, except that
2-12 cost-related or price-related evaluation factors are not permitted.
2-13 Each offeror must certify to the district that the engineer or
2-14 architect that is a member of its team was selected based on
2-15 demonstrated competence and qualifications. The district shall
2-16 qualify a maximum of three potential offerors to submit additional
2-17 information regarding technical proposals, implementation, and
2-18 costing methodologies in response to a formal request for proposals
2-19 based on the design criteria package.
2-20 (2) In phase two, the district shall evaluate
2-21 proposers on the basis of demonstrated competence and
2-22 qualifications; considerations of the safety and long-term
2-23 durability of the project; the feasibility of implementing the
2-24 project as proposed; the ability of the proposer to meet schedules;
2-25 costing methodology; or other factors as appropriate. If the
2-26 preparation of proposals requires engineering or architectural
2-27 design, the district shall reimburse qualified proposers for such
2-28 costs. The district shall select the design-build firm that
2-29 submits the proposal offering the best value for the district.
2-30 (g) Following selection of a design-build firm under
2-31 Subsection (f), that firm's engineers or architects shall complete
2-32 the design, submitting all design elements for review and
2-33 determination of scope compliance by the district's engineer or
2-34 architect prior to or concurrently with construction.
2-35 (h) An engineer shall have responsibility for compliance
2-36 with the engineering design requirements and all other requirements
2-37 of The Texas Engineering Practice Act (Article 3271a, Vernon's
2-38 Texas Civil Statutes). An architect shall have responsibility for
2-39 compliance with the requirements of Chapter 478, Acts of the 45th
2-40 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
2-41 Civil Statutes).
2-42 (i) The design-build firm shall supply a signed and sealed
2-43 set of construction documents for the project and a record of the
2-44 project as built to the district at the conclusion of construction.
2-45 SECTION 2. Section 51.907, Education Code, is amended to
2-46 read as follows:
2-47 Sec. 51.907. COMPETITIVE BIDDING ON CONTRACTS. Except as
2-48 provided by Section 51.9071 of this code, all [All] contracts for
2-49 the construction or erection of permanent improvements at an
2-50 institution of higher education as defined in Section 61.003 of
2-51 this code are void unless made after advertising for bids thereon
2-52 in a manner prescribed by its governing board, receiving sealed
2-53 competitive bids, and awarding of the contract to the lowest
2-54 responsible bidder by the governing body. If a contract is to be
2-55 recommended for award to other than the lowest bidder, any bidder
2-56 making a lower bid than the recommended bid shall be notified of
2-57 the recommendation for award and shall be allowed an opportunity
2-58 prior to the award to present evidence to the board or its
2-59 designated representative as to the responsibility of that bidder.
2-60 SECTION 3. Subchapter Z, Chapter 51, Education Code, is
2-61 amended by adding Section 51.9071 to read as follows:
2-62 Sec. 51.9071. DESIGN-BUILD CONTRACTS FOR FACILITIES.
2-63 (a) In this section:
2-64 (1) "Architect" means an individual registered as an
2-65 architect under Chapter 478, Acts of the 45th Legislature, Regular
2-66 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes).
2-67 (2) "Design-build contract" means a single contract
2-68 with a design-build firm for the design and construction of a
2-69 facility.
3-1 (3) "Design-build firm" means a partnership,
3-2 corporation, or other legal entity or team which includes an
3-3 engineer or architect and builder qualified to engage in building
3-4 construction in Texas.
3-5 (4) "Design criteria package" means a set of documents
3-6 that provides sufficient information to permit a design-build firm
3-7 to prepare a response to an institution's request for proposals.
3-8 The design criteria package shall specify criteria the institution
3-9 deems necessary to describe the project and may include, as
3-10 appropriate, the legal description of the site, survey information
3-11 concerning the site, interior space requirements, special material
3-12 requirements, material quality standards, conceptual criteria for
3-13 the project, special equipment requirements, cost or budget
3-14 estimates, time schedules, quality assurance and quality control
3-15 requirements, site development requirements, applicable codes and
3-16 ordinances, provisions for utilities, parking requirements, or any
3-17 other requirement, as applicable.
3-18 (5) "Engineer" means an individual registered as a
3-19 professional engineer under The Texas Engineering Practice Act
3-20 (Article 3271a, Vernon's Texas Civil Statutes).
3-21 (6) "Facility" means buildings or structures to be
3-22 used by an institution of higher education.
3-23 (7) "Institution" means an institution of higher
3-24 education as defined in Section 61.003.
3-25 (8) "Board" means the governing board of an
3-26 institution.
3-27 (b) In entering into a contract for the construction of a
3-28 facility using design-build delivery procedures, the contracting
3-29 institution and the design-build firm shall follow the procedures
3-30 provided by Subsections (c) through (i).
3-31 (c) The board may designate an engineer or architect to act
3-32 as its exclusive representative. If the board's engineer or
3-33 architect is not a full-time employee of the institution, any
3-34 engineer or architect designated shall be selected on the basis of
3-35 demonstrated competence and qualifications in accordance with
3-36 Subchapter A, Chapter 2254, Government Code.
3-37 (d) The institution shall prepare a request for
3-38 qualifications which includes general information on the project
3-39 site, project scope, budget, special systems, selection criteria,
3-40 and other information that may assist potential design-build firms
3-41 in submitting proposals for the project. The institution shall
3-42 also prepare the design criteria package which includes more
3-43 detailed information on the project. If the design criteria
3-44 package includes engineering or architectural elements, the package
3-45 shall be prepared by an engineer or architect.
3-46 (e) The board or its representative shall publish the
3-47 request for qualifications in a manner prescribed by the board.
3-48 (f) The board or its representative shall evaluate proposals
3-49 and select a design-build firm in two phases:
3-50 (1) In phase one, the board or its representative
3-51 shall evaluate each offeror's experience, technical competence, and
3-52 capability to perform, the past performance of the offeror's team
3-53 and members of the team, and other appropriate factors submitted by
3-54 the team or firm in response to the request for qualifications,
3-55 except that cost-related or price-related evaluation factors are
3-56 not permitted. Each offeror must certify to the board that the
3-57 engineer or architect that is a member of its team was selected
3-58 based on demonstrated competence and qualifications. The board or
3-59 its representative shall qualify a maximum of three potential
3-60 offerors to submit additional information regarding technical
3-61 proposals, implementation, and costing methodologies in response to
3-62 a formal request for proposals based on the design criteria
3-63 package.
3-64 (2) In phase two, the board or its representative
3-65 shall evaluate proposers on the basis of demonstrated competence
3-66 and qualifications; considerations of the safety and long-term
3-67 durability of the project; the feasibility of implementing the
3-68 project as proposed; the ability of the proposer to meet schedules;
3-69 costing methodology; or other factors as appropriate. If the
4-1 preparation of proposals requires engineering or architectural
4-2 design, the institution shall reimburse qualified proposers for
4-3 such costs. The board shall select the design-build firm that
4-4 submits the proposal offering the best value for the institution.
4-5 (g) Following selection of a design-build firm under
4-6 Subsection (f), that firm's engineers or architects shall complete
4-7 the design, submitting all design elements for review and
4-8 determination of scope compliance by the institution's engineer or
4-9 architect prior to or concurrently with construction.
4-10 (h) An engineer shall have responsibility for compliance
4-11 with the engineering design requirements and all other requirements
4-12 of The Texas Engineering Practice Act (Article 3271a, Vernon's
4-13 Texas Civil Statutes). An architect shall have responsibility for
4-14 compliance with Chapter 478, Acts of the 45th Legislature, Regular
4-15 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes).
4-16 (i) The design-build firm shall supply a signed and sealed
4-17 set of construction documents for the project and a record of the
4-18 project as built to the institution at the conclusion of
4-19 construction.
4-20 SECTION 4. This Act takes effect September 1, 1997.
4-21 SECTION 5. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.
4-26 * * * * *