By: Turner (Senate Sponsor - Whitmire) H.B. No. 2300
(In the Senate - Received from the House May 16, 2005;
May 17, 2005, read first time and referred to Committee on
Transportation and Homeland Security; May 20, 2005, reported
favorably by the following vote: Yeas 6, Nays 0; May 20, 2005,
sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the authority of metropolitan rapid transit authorities
to enter into comprehensive development agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 451, Transportation Code, is amended by
adding Subchapter Q to read as follows:
SUBCHAPTER Q. HYBRID DELIVERY SYSTEM FOR CERTAIN CONSTRUCTION
PROJECTS
Sec. 451.801. DEFINITIONS. In this subchapter:
(1) "Civil works components" means:
(A) underground utilities;
(B) paving;
(C) drainage;
(D) structures, including elevated platforms and
bridges;
(E) components related to vehicular traffic;
(F) primary power distribution systems;
(G) transfer stations, depots, and other
architectural features, including related mechanical, electrical,
and plumbing systems; and
(H) all other aspects of a project not defined as
system components.
(2) "System components" means the components of a
transit system that are related directly to system operations,
including rolling stock, tracks, guideway systems, and special
signal and communications systems.
(3) "Design development" means drawings and other
documents that are:
(A) approximately 30 percent complete; and
(B) sufficient to fix and describe the size and
character of the project as to civil work, architectural systems,
structural systems, mechanical and electrical systems, materials,
equipment, and technology, including schematic layouts and
conceptual design criteria.
(4) "Facility" means a single transit project:
(A) with a proposed cost of more than $100
million; or
(B) as identified in a referendum approved by the
voters.
(5) "Facility provider" means a partnership,
corporation, joint venture, consortium, special purchase company,
or other legal entity or team responsible for:
(A) providing and installing the system
components for a facility; and
(B) constructing the associated civil works
components.
(6) "Hybrid delivery system" means the alternative
procurement procedure provided by this subchapter.
Sec. 451.802. APPLICABILITY. This subchapter applies only
to an authority in which the principal municipality has a
population of more than 1.2 million.
Sec. 451.803. USE PERMITTED. Notwithstanding any other
law, an authority may use a hybrid delivery system for construction
of a facility as provided by this subchapter.
Sec. 451.804. SELECTION OF ENGINEER OR TEAM. (a) An
authority shall select an engineer or an engineering and
architecture team for the design of the civil works components of
the facility. The authority shall select an engineer or team in
accordance with Section 2254.004, Government Code.
(b) A selected engineer or team shall comply with Chapter
1001, Occupations Code.
(c) The authority shall enter into a contract with the
selected engineer or team to provide planning and design
development services and an estimate of final design costs. The
contract may also include construction management.
Sec. 451.805. REQUEST FOR PROPOSALS. After the completion
of design development documents by the engineer or team, the
authority shall issue requests for proposals from facility
providers. The request for proposals shall include general
information on the project site, project scope, budget, schedule,
system criteria, selection criteria, and any other information that
may assist potential facility providers in submitting proposals for
the project.
Sec. 451.806. EVALUATION OF PROPOSALS. (a) For each
proposal submitted by a facility provider in response to a request
for proposals, the authority shall evaluate:
(1) the provider's experience and qualifications;
(2) the provider's technical competence and capability
to perform;
(3) the provider's past performance, including past
performance of members of the provider's team;
(4) proposed technology;
(5) feasibility of implementing the project as
proposed;
(6) costing methodology; and
(7) other information submitted on the basis of the
selection criteria stated in the request for proposals.
(b) The authority shall rank two to four facility providers
that best meet the selection criteria.
Sec. 451.807. SELECTION OF FACILITY PROVIDER. (a) The
authority shall select the facility provider that submits the
proposal that offers the best value for the authority on the basis
of the published selection criteria and price.
(b) The authority shall first attempt to negotiate a
contract with the first-ranked provider in the order of the ranking
established under Section 451.806(b). The authority and the
engineer or team selected under Section 451.804 may discuss with
the selected provider options for a scope or time modification and
any price change associated with the modification before finalizing
a contract with the selected provider. If the authority is unable
to negotiate a contract with the selected provider, the authority
shall end negotiations with the selected provider in writing and
proceed to negotiate a contract with the next provider in the order
of the ranking established under Section 451.806(b) until a
contract is entered into or all proposals are rejected.
Sec. 451.808. FINAL DESIGN CONTRACTS. (a) In consultation
with the selected facility provider, the authority shall negotiate
with the engineer or team selected under Section 451.804 on the:
(1) scope of work and fees associated with final
design of the civil works components; and
(2) integration of system components and civil works
components of the facility.
(b) A contract for final design shall be incorporated into
the authority's contract with the selected facility provider. Any
subsequent changes to a contract with the engineer or team must be
approved by the facility provider and the authority.
(c) In a contract with a selected facility provider, the
authority shall provide a mechanism under which issues of design
quality, quality assurance, code compliance, value engineering, or
life cycle costing may be communicated directly by the engineer or
team to the facility provider and the authority with the intent of
seeking the authority's approval of proposed action.
(d) The selected facility provider's oversight of the
engineer or team is limited to:
(1) design management;
(2) coordination of the civil works components;
(3) integration of the design of system components
into the civil works; and
(4) the acceptance of items listed under Subdivisions
(1)-(3) with regard to the facility provider's assumption of
responsibility for contract compliance, performance warranties and
guarantees, and other risk-related items as stipulated in the
contract between the selected facility provider and the authority.
(e) Fees associated with the items listed in Subsection (d)
may not exceed eight percent of final design fees unless otherwise
amended by the engineer or team through allocation of a portion of
the engineer or team fee to the selected facility provider for
specialty design assistance.
Sec. 451.809. USE OF OTHER PROFESSIONAL SERVICES. (a) If
the authority performs periodic audits of its construction
materials, the authority, independent of the selected facility
provider, shall contract for the inspection and testing of
construction materials and other verification testing services
necessary for the acceptance of the facility by the authority.
(b) A contract under Subsection (a) does not alleviate the
selected facility provider's responsibility to provide the
services described by Subsection (a) under a contract entered into
under this subchapter.
(c) A contract described by Subsection (a) and any
additional contract for engineering or architecture services
entered into by the selected facility provider for the design and
construction of the facility must be entered into in accordance
with Section 2254.004, Government Code.
Sec. 451.810. CONSTRUCTION WORK SUBCONTRACTED. (a) The
authority may require that the selected facility provider publicly
advertise for and receive bids or proposals from trade contractors
or subcontractors for the construction of civil works components of
the facility.
(b) The selected facility provider may submit a bid or
proposal for the work described in Subsection (a) in the same manner
as other trade contractors or subcontractors.
Sec. 451.811. LOCAL PREFERENCE. To the maximum extent
permitted by law, the authority shall use vendors and providers of
services with an established office in the principal municipality.
Sec. 451.812. EXPIRATION. This subchapter expires on
August 31, 2015.
SECTION 2. Section 451.110(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (c) and by Subchapter
Q, a board may not contract for the construction of an improvement
or the purchase of any property, except through competitive bidding
after notice of the contract proposal. The notice must be published
in a newspaper of general circulation in the area in which the
authority is located at least once each week for two consecutive
weeks before the date set for receiving the bids. The first notice
must be published at least 15 days before the date set for receiving
bids.
SECTION 3. Section 451.111(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subchapter Q, unless [Unless] the
posting requirement in Subsection (b) is satisfied, a board may not
let a contract that is:
(1) for more than $25,000; and
(2) for:
(A) the purchase of real property; or
(B) consulting or professional services.
SECTION 4. This Act takes effect September 1, 2005.
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