By Wentworth S.B. No. 927
76R7483 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to contracts for the development of turnpike projects of
1-3 the Texas Department of Transportation and the Texas Turnpike
1-4 Authority division of the department.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 223, Transportation Code, is amended by
1-7 adding Subchapter E to read as follows:
1-8 SUBCHAPTER E. DESIGN-BUILD CONTRACTS
1-9 Sec. 223.161. DEFINITIONS. In this subchapter:
1-10 (1) "Design-build contract" means the procurement of
1-11 both preconstruction services related to, and the construction of,
1-12 a highway improvement project in a single contract with a person or
1-13 combination of persons capable of providing the necessary services
1-14 and construction.
1-15 (2) "Preconstruction services" include the planning,
1-16 environmental review, and design of a highway improvement project.
1-17 Sec. 223.162. AWARD OF DESIGN-BUILD CONTRACTS.
1-18 Notwithstanding any other law to the contrary, including Subchapter
1-19 A, Chapter 2254, Government Code, the commission may, as an
1-20 alternative to the procedures provided by Subchapters A and D of
1-21 this chapter, award a design-build contract for:
1-22 (1) a preventative maintenance or rehabilitation
1-23 project authorized by Section 222.102; or
1-24 (2) a congestion mitigation project authorized by
2-1 Section 224.154.
2-2 Sec. 223.163. SOLICITATION OF PROPOSALS. (a) The
2-3 department shall use competitive sealed proposals to obtain
2-4 services and construction under this subchapter.
2-5 (b) The commission shall establish prequalification
2-6 requirements for persons from which the department solicits
2-7 proposals.
2-8 (c) To be eligible for consideration, a proposal must comply
2-9 with the technical prequalification requirements established by the
2-10 commission for the procurement of services under Subchapter A,
2-11 Chapter 2254, Government Code.
2-12 (d) The commission may reimburse a person that submits an
2-13 unsuccessful proposal a stipulated amount for any design costs
2-14 incurred in preparing that proposal.
2-15 (e) The Texas Board of Professional Engineers may not,
2-16 because an engineer or engineering firm engages in competitive
2-17 bidding, take disciplinary action under The Texas Engineering
2-18 Practice Act (Article 3271a, Vernon's Texas Civil Statutes) against
2-19 or otherwise prevent a qualified person or engineering firm from
2-20 submitting a proposal or entering into a contract under this
2-21 subchapter.
2-22 Sec. 223.164. BEST VALUE STANDARD. (a) The commission
2-23 shall award a design-build contract to the person or combination of
2-24 persons whose proposal provides the best value to this state,
2-25 considering price and the technical evaluation factors in the
2-26 request for proposals.
2-27 (b) The commission may adjust the rating of a proposal for
3-1 the value of time. The adjustment shall be based on the offeror's
3-2 proposed number of days to complete the project multiplied by a
3-3 value per day established by the department.
3-4 (c) The commission must state in writing the basis on which
3-5 the award is made.
3-6 Sec. 223.165. RULES. (a) The commission shall adopt rules
3-7 to implement and administer this subchapter.
3-8 (b) Rules adopted by the commission may include
3-9 prequalification and proposal requirements, short-listing
3-10 procedures, and evaluation categories for different types of
3-11 projects.
3-12 SECTION 2. Subchapter F, Chapter 361, Transportation Code,
3-13 is amended by adding Section 361.2311 to read as follows:
3-14 Sec. 361.2311. DESIGN-BUILD CONTRACTS. (a) In this
3-15 section, "design-build contract" means the procurement of both
3-16 preconstruction services related to, and the construction of, a
3-17 turnpike project in a single contract with a person or combination
3-18 of persons capable of providing the necessary services.
3-19 Preconstruction services may include the planning, environmental
3-20 review, and design of a turnpike project.
3-21 (b) Notwithstanding any other law to the contrary, including
3-22 Subchapter A, Chapter 2254, Government Code, the board, with the
3-23 concurrence of the commission, may, as an alternative to the
3-24 procedures provided by Sections 361.049 and 361.231, award a
3-25 design-build contract for the planning, environmental review,
3-26 design, construction, improvement, repair, or maintenance of:
3-27 (1) a turnpike project; or
4-1 (2) a congestion mitigation project authorized by the
4-2 commission under Section 224.154.
4-3 (c) The authority shall use competitive sealed proposals to
4-4 obtain services and construction under this section.
4-5 (d) The board shall establish prequalification requirements
4-6 for persons from which the authority solicits proposals.
4-7 (e) To be eligible for consideration, a proposal must comply
4-8 with the technical prequalification requirements established by the
4-9 board for the procurement of services under Subchapter A, Chapter
4-10 2254, Government Code.
4-11 (f) The Texas Board of Professional Engineers may not,
4-12 because an engineer or engineering firm engaged in competitive
4-13 bidding, take disciplinary action under The Texas Engineering
4-14 Practice Act (Article 3271a, Vernon's Texas Civil Statutes) against
4-15 or otherwise prevent a qualified engineer or engineering firm from
4-16 submitting a proposal or entering into a contract under this
4-17 section.
4-18 (g) The board shall award a design-build contract to the
4-19 person or combination of persons whose proposal provides the best
4-20 value to this state, considering price and the technical evaluation
4-21 factors in the request for proposals.
4-22 (h) The board may adjust the rating of a proposal for the
4-23 value of time. The adjustment shall be based on the offeror's
4-24 proposed number of days to complete the project multiplied by a
4-25 value per day established by the authority.
4-26 (i) The board must state in writing the basis on which the
4-27 award is made.
5-1 (j) The board shall adopt rules to implement this section.
5-2 Rules adopted by the board may include prequalification and
5-3 proposal requirements, short-listing procedures, and evaluation
5-4 categories for different types of projects.
5-5 SECTION 3. Sections 224.154(a) and (c), Transportation Code,
5-6 are amended to read as follows:
5-7 (a) Notwithstanding any law of this state relating to
5-8 charging tolls on existing free public highways, the commission may
5-9 by order authorize the department, the Texas Turnpike Authority
5-10 division of the department, or a transportation corporation to
5-11 charge a toll for the use of one or more lanes of a state highway
5-12 facility, including a high occupancy vehicle lane, for the purposes
5-13 of congestion mitigation. The commission may authorize the
5-14 department, the division, or a transportation corporation to
5-15 design, construct, operate, or maintain a congestion mitigation
5-16 project or facility under this section. The commission may enter
5-17 into an agreement with a regional tollway authority described in
5-18 Chapter 366, or a transit authority described in Chapter 451, 452,
5-19 or 453, to charge a toll for the use of one or more lanes of a
5-20 state highway facility under this section [subsection].
5-21 (c) For purposes of congestion mitigation projects and
5-22 facilities under this subchapter, the department, the Texas
5-23 Turnpike Authority division of the department, a transportation
5-24 corporation, and a regional tollway authority or a transit
5-25 authority with whom the commission has an agreement under this
5-26 section are successor agencies to the Texas Turnpike Authority for
5-27 purposes of Section 52-b, Article III, Texas Constitution.
6-1 SECTION 4. This Act takes effect September 1, 1999.