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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for request for proposals for |
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design-build contracts for highway projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 223.246(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) The department shall issue a request for proposals to |
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proposers short-listed under Section 223.245. A request for |
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proposals must include: |
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(1) information on the overall project goals; |
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(2) publicly available cost estimates for the |
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design-build portion of the project; |
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(3) materials specifications; |
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(4) special material requirements; |
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(5) [a schematic design approximately 30 percent
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complete;
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[(6)] known utilities, provided that the department is |
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not required to undertake an effort to locate utilities; |
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(6) [(7)] quality assurance and quality control |
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requirements; |
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(7) [(8)] the location of relevant structures; |
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(8) [(9)] notice of any rules or goals adopted by the |
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department relating to awarding contracts to disadvantaged |
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business enterprises or small business enterprises; |
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(9) [(10)] available geotechnical or other |
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information related to the project; |
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(10) [(11)] the status of any environmental review of |
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the project; |
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(11) [(12)] detailed instructions for preparing the |
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technical proposal required under Subsection (d), including a |
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description of the form and level of completeness of drawings |
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expected; |
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(12) [(13)] the relative weighting of the technical |
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and cost proposals required under Subsection (d) and the formula by |
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which the proposals will be evaluated and ranked; and |
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(13) [(14)] the criteria to be used in evaluating the |
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technical proposals, and the relative weighting of those criteria. |
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(b) The formula used to evaluate proposals under Subsection |
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(a)(12) [(a)(13)] must allocate at least 70 percent of the |
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weighting to the cost proposal. |
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SECTION 2. Section 370.406(a), Transportation Code, is |
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amended to read as follows: |
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(a) An authority shall issue a request for detailed |
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proposals to proposers qualified or short-listed under Section |
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370.405. A request for detailed proposals must include: |
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(1) information on the overall project goals; |
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(2) the authority's cost estimates for the |
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design-build portion of the work; |
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(3) materials specifications; |
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(4) special material requirements; |
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(5) [a schematic design approximately 30 percent
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complete;
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[(6)] known utilities, provided that an authority is |
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not required to undertake an effort to locate utilities; |
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(6) [(7)] quality assurance and quality control |
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requirements; |
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(7) [(8)] the location of relevant structures; |
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(8) [(9)] notice of any rules or goals adopted by the |
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authority pursuant to Section 370.183 relating to awarding |
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contracts to disadvantaged businesses; |
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(9) [(10)] available geotechnical or other |
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information related to the project; |
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(10) [(11)] the status of any environmental review of |
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the project; |
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(11) [(12)] detailed instructions for preparing the |
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technical proposal required under Subsection (c), including a |
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description of the form and level of completeness of drawings |
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expected; |
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(12) [(13)] the relative weighting of the technical |
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and cost proposals required under Subsection (c) and the formula by |
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which the proposals will be evaluated and ranked, provided that the |
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formula shall allocate at least 70 percent of the weighting to the |
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cost proposal; and |
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(13) [(14)] the criteria and weighting for each |
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element of the technical proposal. |
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SECTION 3. The change in law made by this Act applies only |
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to a contract entered into on or after the effective date of this |
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Act. A contract entered into before the effective date of this Act |
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is governed by the law in effect when the contract was entered into, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect August 31, 2015. |