By Najera H.B. No. 3428
76R7215 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a municipality to use a design-build
1-3 contract for public improvement projects and facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 252, Local Government Code,
1-6 is amended by adding Section 252.051 to read as follows:
1-7 Sec. 252.051. DESIGN-BUILD CONTRACTS FOR MUNICIPAL PUBLIC
1-8 IMPROVEMENT PROJECTS OR FACILITIES. (a) In this section:
1-9 (1) "Design-build contract" means a single contract
1-10 with a design-build firm for the design and construction of a
1-11 public improvement project or facility.
1-12 (2) "Design-build firm" means a partnership,
1-13 corporation, or other legal entity or team that includes an
1-14 engineer or architect and builder qualified to engage in building
1-15 construction in this state.
1-16 (3) "Design criteria package" means a set of documents
1-17 that provides sufficient information to permit a design-build firm
1-18 to prepare a response to a municipality's request for proposals.
1-19 The design criteria package must specify criteria the municipality
1-20 considers necessary to describe the project or facility and may
1-21 include, as appropriate, the legal description of the site, survey
1-22 information concerning the site, interior space requirements,
1-23 special material requirements, material quality standards,
1-24 conceptual criteria for the project or facility, special equipment
2-1 requirements, cost or budget estimates, time schedules, quality
2-2 assurance and quality control requirements, site development
2-3 requirements, applicable codes and ordinances, provisions for
2-4 utilities, parking requirements, or any other requirement, as
2-5 applicable.
2-6 (b) A municipality may use the design-build method for the
2-7 construction, rehabilitation, alteration, or repair of a public
2-8 improvement project or facility. In using that method and in
2-9 entering into a contract for the services of a design-build firm,
2-10 the contracting municipality and the design-build firm shall follow
2-11 the procedures provided by this section.
2-12 (c) The municipality may designate an engineer or architect
2-13 to act as its representative. If the municipality's engineer or
2-14 architect is not a full-time employee of the municipality, any
2-15 engineer or architect designated shall be selected on the basis of
2-16 demonstrated competence and qualifications in accordance with
2-17 Subchapter A, Chapter 2254, Government Code.
2-18 (d) The municipality shall prepare a request for
2-19 qualifications that includes general information on the project
2-20 site, project scope, budget, special systems, selection criteria,
2-21 and other information that may assist potential design-build firms
2-22 in submitting proposals for the project or facility. The
2-23 municipality shall also prepare the design criteria package that
2-24 includes more detailed information on the project or facility. If
2-25 the preparation of the design criteria package requires engineering
2-26 or architectural services that constitute the practice of
2-27 engineering within the meaning of The Texas Engineering Practice
3-1 Act (Article 3271a, Vernon's Texas Civil Statutes) or the practice
3-2 of architecture within the meaning of Chapter 478, Acts of the 45th
3-3 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
3-4 Civil Statutes), those services shall be provided in accordance
3-5 with the applicable law.
3-6 (e) The municipality shall evaluate proposals and select a
3-7 design-build firm in two phases:
3-8 (1) In phase one, the municipality shall evaluate each
3-9 offeror's experience, technical competence, and capability to
3-10 perform, the past performance of the offeror's team and members of
3-11 the team, and other appropriate factors submitted by the team or
3-12 firm in response to the request for qualifications, except that
3-13 cost-related or price-related evaluation factors are not permitted.
3-14 Each offeror must certify to the municipality that each engineer or
3-15 architect that is a member of its team was selected based on
3-16 demonstrated competence and qualifications. The municipality shall
3-17 qualify a maximum of five potential offerors to submit additional
3-18 information regarding technical proposals, implementation, and
3-19 costing methodologies in response to a formal request for proposals
3-20 based on the design criteria package.
3-21 (2) In phase two, the municipality shall evaluate
3-22 offerors on the basis of demonstrated competence and
3-23 qualifications, considerations of the safety and long-term
3-24 durability of the project, the feasibility of implementing the
3-25 project or facility as proposed, the ability of the offeror to meet
3-26 schedules, costing methodology, or other factors as appropriate.
3-27 The municipality may not require offerors to submit detailed
4-1 engineering or architectural design as part of the proposal. The
4-2 municipality shall select the design-build firm that submits the
4-3 proposal offering the best value for the municipality.
4-4 (f) Following selection of a design-build firm under
4-5 Subsection (e), that firm's engineers or architects shall complete
4-6 the design, submitting all design elements for review and
4-7 determination of scope compliance by the municipality's engineer or
4-8 architect before or concurrently with construction.
4-9 (g) An engineer shall have responsibility for compliance
4-10 with the engineering design requirements and all other applicable
4-11 requirements of The Texas Engineering Practice Act (Article 3271a,
4-12 Vernon's Texas Civil Statutes). An architect shall have
4-13 responsibility for compliance with the requirements of Chapter 478,
4-14 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
4-15 Vernon's Texas Civil Statutes).
4-16 (h) The municipality shall provide or contract for,
4-17 independent of the design-build firm, the inspection services, the
4-18 testing of construction materials engineering, and the verification
4-19 testing services necessary for acceptance of the project or
4-20 facility by the municipality. The municipality shall select those
4-21 services for which it contracts in accordance with Section
4-22 2254.004, Government Code.
4-23 (i) The design-build firm shall supply a signed and sealed
4-24 set of construction documents for the project or facility to the
4-25 municipality at the conclusion of construction.
4-26 (j) A payment or performance bond is not required for, and
4-27 may not provide coverage for, the portion of a design-build
5-1 contract under this section that includes design services only.
5-2 SECTION 2. This Act takes effect September 1, 1999. The
5-3 changes in law made by this Act apply only to a contract for which
5-4 requests for qualifications are distributed or published on or
5-5 after that date.
5-6 SECTION 3. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.