| 1 | 1 | | By: Simmons H.B. No. 3109 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the requirements for request for proposals for |
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| 7 | 7 | | design-build contracts for highway projects and the scope of and |
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| 8 | 8 | | limitation on design-build contracts. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 223.246(a) and (b), Transportation |
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| 11 | 11 | | Code, are amended to read as follows: |
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| 12 | 12 | | (a) The department shall issue a request for proposals to |
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| 13 | 13 | | proposers short-listed under Section 223.245. A request for |
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| 14 | 14 | | proposals must include: |
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| 15 | 15 | | (1) information on the overall project goals; |
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| 16 | 16 | | (2) publicly available cost estimates for the |
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| 17 | 17 | | design-build portion of the project; |
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| 18 | 18 | | (3) materials specifications; |
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| 19 | 19 | | (4) special material requirements; |
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| 20 | 20 | | (5) [a schematic design approximately 30 percent |
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| 21 | 21 | | complete; |
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| 22 | 22 | | [(6)] known utilities, provided that the department is |
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| 23 | 23 | | not required to undertake an effort to locate utilities; |
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| 24 | 24 | | (6) [(7)] quality assurance and quality control |
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| 25 | 25 | | requirements; |
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| 26 | 26 | | (7) [(8)] the location of relevant structures; |
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| 27 | 27 | | (8) [(9)] notice of any rules or goals adopted by the |
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| 28 | 28 | | department relating to awarding contracts to disadvantaged |
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| 29 | 29 | | business enterprises or small business enterprises; |
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| 30 | 30 | | (9) [(10)] available geotechnical or other |
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| 31 | 31 | | information related to the project; |
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| 32 | 32 | | (10) [(11)] the status of any environmental review of |
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| 33 | 33 | | the project; |
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| 34 | 34 | | (11) [(12)] detailed instructions for preparing the |
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| 35 | 35 | | technical proposal required under Subsection (d), including a |
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| 36 | 36 | | description of the form and level of completeness of drawings |
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| 37 | 37 | | expected; |
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| 38 | 38 | | (12) [(13)] the relative weighting of the technical |
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| 39 | 39 | | and cost proposals required under Subsection (d) and the formula by |
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| 40 | 40 | | which the proposals will be evaluated and ranked; and |
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| 41 | 41 | | (13) [(14)] the criteria to be used in evaluating the |
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| 42 | 42 | | technical proposals, and the relative weighting of those criteria. |
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| 43 | 43 | | (b) The formula used to evaluate proposals under Subsection |
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| 44 | 44 | | (a)(12) [(a)(13)] must allocate at least 70 percent of the |
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| 45 | 45 | | weighting to the cost proposal. |
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| 46 | 46 | | SECTION 2. Section 370.401(d), Transportation Code, is |
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| 47 | 47 | | repealed. |
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| 48 | 48 | | SECTION 3. Section 370.406(a), Transportation Code, is |
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| 49 | 49 | | amended to read as follows: |
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| 50 | 50 | | (a) An authority shall issue a request for detailed |
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| 51 | 51 | | proposals to proposers qualified or short-listed under Section |
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| 52 | 52 | | 370.405. A request for detailed proposals must include: |
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| 53 | 53 | | (1) information on the overall project goals; |
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| 54 | 54 | | (2) the authority's cost estimates for the |
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| 55 | 55 | | design-build portion of the work; |
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| 56 | 56 | | (3) materials specifications; |
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| 57 | 57 | | (4) special material requirements; |
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| 58 | 58 | | (5) [a schematic design approximately 30 percent |
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| 59 | 59 | | complete; |
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| 60 | 60 | | [(6)] known utilities, provided that an authority is |
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| 61 | 61 | | not required to undertake an effort to locate utilities; |
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| 62 | 62 | | (6) [(7)] quality assurance and quality control |
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| 63 | 63 | | requirements; |
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| 64 | 64 | | (7) [(8)] the location of relevant structures; |
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| 65 | 65 | | (8) [(9)] notice of any rules or goals adopted by the |
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| 66 | 66 | | authority pursuant to Section 370.183 relating to awarding |
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| 67 | 67 | | contracts to disadvantaged businesses; |
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| 68 | 68 | | (9) [(10)] available geotechnical or other |
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| 69 | 69 | | information related to the project; |
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| 70 | 70 | | (10) [(11)] the status of any environmental review of |
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| 71 | 71 | | the project; |
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| 72 | 72 | | (11) [(12)] detailed instructions for preparing the |
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| 73 | 73 | | technical proposal required under Subsection (c), including a |
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| 74 | 74 | | description of the form and level of completeness of drawings |
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| 75 | 75 | | expected; |
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| 76 | 76 | | (12) [(13)] the relative weighting of the technical |
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| 77 | 77 | | and cost proposals required under Subsection (c) and the formula by |
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| 78 | 78 | | which the proposals will be evaluated and ranked, provided that the |
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| 79 | 79 | | formula shall allocate at least 70 percent of the weighting to the |
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| 80 | 80 | | cost proposal; and |
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| 81 | 81 | | (13) [(14)] the criteria and weighting for each |
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| 82 | 82 | | element of the technical proposal. |
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| 83 | 83 | | SECTION 4. The change in law made by this Act applies only |
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| 84 | 84 | | to a contract entered into on or after the effective date of this |
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| 85 | 85 | | Act. A contract entered into before the effective date of this Act |
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| 86 | 86 | | is governed by the law in effect when the contract was entered into, |
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| 87 | 87 | | and the former law is continued in effect for that purpose. |
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| 88 | 88 | | SECTION 5. This Act takes effect August 31, 2015. |
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