By: Truan S.B. No. 1909
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of a municipality to use a design-build
1-2 contract for public improvement projects and facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 252, Local Government Code,
1-5 is amended by adding Section 252.051 to read as follows:
1-6 Sec. 252.051. DESIGN-BUILD CONTRACTS FOR MUNICIPAL PUBLIC
1-7 IMPROVEMENT PROJECTS OR FACILITIES. (a) In this section:
1-8 (1) "Design-build contract" means a single contract
1-9 with a design-build firm for the design and construction of a
1-10 public improvement project or facility.
1-11 (2) "Design-build firm" means a partnership,
1-12 corporation, or other legal entity or team that includes an
1-13 engineer or architect and builder qualified to engage in building
1-14 construction in this state.
1-15 (3) "Design criteria package" means a set of documents
1-16 that provides sufficient information to permit a design-build firm
1-17 to prepare a response to a municipality's request for proposals.
1-18 The design criteria package must specify criteria the municipality
1-19 considers necessary to describe the project or facility and may
1-20 include, as appropriate, the legal description of the site, survey
1-21 information concerning the site, interior space requirements,
1-22 special material requirements, material quality standards,
2-1 conceptual criteria for the project or facility, special equipment
2-2 requirements, costs or budget estimates, time schedules, quality
2-3 assurance and quality control requirements, site development
2-4 requirements, applicable codes and ordinances, provisions for
2-5 utilities, parking requirements, or any other requirement, as
2-6 applicable.
2-7 (b) A municipality may use the design-build method for the
2-8 construction, rehabilitation, alteration, or repair of a public
2-9 building project and associated site work that has a total
2-10 projected cost of $50,000,000 or more, but a municipality may not
2-11 use the design-build method for a separate public road, highway
2-12 bridge or utility project. In using that method and in entering
2-13 into a contract for the services of a design-build firm, the
2-14 contracting municipality and the design-build firm shall follow the
2-15 procedures provided by this section.
2-16 (c) The municipality may designate an engineer or architect
2-17 to act as its representative. If the municipality's engineer or
2-18 architect is not a full-time employee of the municipality, any
2-19 engineer or architect designated shall be selected on the basis of
2-20 demonstrated competence and qualifications in accordance with
2-21 Subchapter A, Chapter 2254, Government Code.
2-22 (d) The municipality shall prepare a request for
2-23 qualifications that includes general information on the project
2-24 site, project scope, budget, special systems, selection criteria,
2-25 and other information that may assist potential design-build firms
2-26 in submitting proposals for the project or facility. The
3-1 municipality shall also prepare the design criteria package that
3-2 includes more detailed information on the project or facility. If
3-3 the preparation of the design criteria package requires engineering
3-4 or architectural services that constitute the practice of
3-5 engineering within the meaning of The Texas Engineering Practice
3-6 Act (Article 3271a, Vernon's Texas Civil Statutes) or the practice
3-7 of architecture within the meaning of Chapter 478, Acts of the 45th
3-8 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
3-9 Civil Statutes), those services shall be provided in accordance
3-10 with the applicable law.
3-11 (e) The municipality shall evaluate proposals and select a
3-12 design-build firm in two phases:
3-13 (1) In phase one, the municipality shall evaluate each
3-14 offeror's experience, technical competence, and capability to
3-15 perform, the past performance of the offeror's team and members of
3-16 the team, and other appropriate factors submitted by the team or
3-17 firm in response to the request for qualifications, except that
3-18 cost-related or price-related evaluation factors are not permitted.
3-19 Each offeror must certify to the municipality that each engineer or
3-20 architect that is a member of its team was selected based on
3-21 demonstrated competence and qualifications. The municipality shall
3-22 qualify a maximum of five potential offerors to submit additional
3-23 information regarding technical proposals, implementation, and
3-24 costing methodologies in response to a formal request for proposals
3-25 based on the design criteria package.
3-26 (2) In phase two, the municipality shall evaluate
4-1 offerors on the basis of demonstrated competence and
4-2 qualifications, considerations of the safety and long-term
4-3 durability of the project, the feasibility of implementing the
4-4 project or facility as proposed, the ability of the offeror to meet
4-5 schedules, costing methodology, or other factors as appropriate.
4-6 The municipality may not require offerors to submit detailed
4-7 engineering or architectural design as part of the proposal. The
4-8 municipality shall select the design-build firm that submits the
4-9 proposal offering the best value for the municipality.
4-10 (f) Following selection of a design-build firm under
4-11 Subsection (e), that firm's engineers or architects shall complete
4-12 the design, submitting all design elements for review and
4-13 determination of scope compliance by the municipality's engineer or
4-14 architect before or concurrently with construction.
4-15 (g) An engineer shall have responsibility for compliance
4-16 with the engineering design requirements and all other applicable
4-17 requirements of The Texas Engineering Practice Act (Article 3271a,
4-18 Vernon's Texas Civil Statutes). An architect shall have
4-19 responsibility for compliance with the requirements of Chapter 478,
4-20 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
4-21 Vernon's Texas Civil Statutes).
4-22 (h) The municipality shall provide or contract for,
4-23 independent of the design-build firm, the inspection services, the
4-24 testing of construction materials engineering, and the verification
4-25 testing services necessary for acceptance of the project or
4-26 facility by the municipality. The municipality shall select those
5-1 services for which it contracts in accordance with Section
5-2 2254.004, Government Code.
5-3 (i) The design-build firm shall supply a signed and sealed
5-4 set of construction documents for the project or facility to the
5-5 municipality at the conclusion of construction.
5-6 (j) A payment or performance bond is not required for, and
5-7 may not provide coverage for, the portion of a design-build
5-8 contract under this section that includes design services only.
5-9 SECTION 2. Chapter 262, Local Government Code, is amended by
5-10 adding Section 262.024(a)(11) to read as follows:
5-11 (11) contracts let pursuant to procurement methodology
5-12 authorized by Subchapter C, Chapter 252, Section 252.051.
5-13 SECTION 3. This Act takes effect September 1, 1999. The
5-14 changes in law made by this Act apply only to a contract for which
5-15 requests for qualifications are distributed or published on or
5-16 after that date.
5-17 SECTION 4. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.