Texas Education Code - Section 44.036. Design-Build Contracts For Facilities
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§ 44.036. DESIGN-BUILD CONTRACTS FOR FACILITIES. (a) In
this section:
(1) "Design-build contract" means a single contract
with a design-build firm for the design and construction of a
facility.
(2) "Design-build firm" means a partnership,
corporation, or other legal entity or team that includes an
engineer or architect and builder qualified to engage in building
construction in Texas.
(3) "Design criteria package" means a set of documents
that provides sufficient information to permit a design-build firm
to prepare a response to a school district's request for
qualifications and any additional information requested, including
criteria for selection. The design criteria package must specify
criteria the district considers necessary to describe the project
and may include, as appropriate, the legal description of the site,
survey information concerning the site, interior space
requirements, special material requirements, material quality
standards, conceptual criteria for the project, special equipment
requirements, cost or budget estimates, time schedules, quality
assurance and quality control requirements, site development
requirements, applicable codes and ordinances, provisions for
utilities, parking requirements, or any other requirement, as
applicable.
(b) A school district may use the design-build method for
the construction, rehabilitation, alteration, or repair of a
facility. In using that method and in entering into a contract for
the services of a design-build firm, the contracting school
district and the design-build firm shall follow the procedures
provided by Subsections (c)-(j).
(c) The district shall designate an engineer or architect
independent of the design-build firm to act as its representative
for the duration of the work on the facility. If the district's
engineer or architect is not a full-time employee of the district,
any engineer or architect designated shall be selected on the basis
of demonstrated competence and qualifications in accordance with
Section 2254.004, Government Code.
(d) The district shall prepare a request for qualifications
that includes general information on the project site, project
scope, budget, special systems, selection criteria, and other
information that may assist potential design-build firms in
submitting proposals for the project. The district shall also
prepare the design criteria package that includes more detailed
information on the project. If the preparation of the design
criteria package requires engineering or architectural services
that constitute the practice of engineering within the meaning of
Chapter 1001, Occupations Code, or the practice of architecture
within the meaning of Chapter 1051, Occupations Code, those
services shall be provided in accordance with the applicable law.
(e) The district shall evaluate statements of
qualifications and select a design-build firm in two phases:
(1) In phase one, the district shall prepare a request
for qualifications and evaluate each offeror's experience,
technical competence, and capability to perform, the past
performance of the offeror's team and members of the team, and other
appropriate factors submitted by the team or firm in response to the
request for qualifications, except that cost-related or
price-related evaluation factors are not permitted. Each offeror
must certify to the district that each engineer or architect that is
a member of its team was selected based on demonstrated competence
and qualifications, in the manner provided by Section 2254.004,
Government Code. The district shall qualify a maximum of five
offerors to submit additional information and, if the district
chooses, to interview for final selection.
(2) In phase two, the district shall evaluate the
information submitted by the offerors on the basis of the selection
criteria stated in the request for qualifications and the results
of any interview. The district may request additional information
regarding demonstrated competence and qualifications,
considerations of the safety and long-term durability of the
project, the feasibility of implementing the project as proposed,
the ability of the offeror to meet schedules, costing methodology,
or other factors as appropriate. The district may not require
offerors to submit detailed engineering or architectural designs as
part of the proposal. The district shall rank each proposal
submitted on the basis of the criteria set forth in the request for
qualifications. The district shall select the design-build firm
that submits the proposal offering the best value for the district
on the basis of the published selection criteria and on its ranking
evaluations. The district shall first attempt to negotiate with
the selected offeror a contract. If the district is unable to
negotiate a satisfactory contract with the selected offeror, the
district shall, formally and in writing, end negotiations with that
offeror and proceed to negotiate with the next offeror in the order
of the selection ranking until a contract is reached or
negotiations with all ranked offerors end.
(f) Following selection of a design-build firm under
Subsection (e), that firm's engineers or architects shall complete
the design, submitting all design elements for review and
determination of scope compliance to the district or district's
engineer or architect before or concurrently with construction.
(g) An engineer shall have responsibility for compliance
with the engineering design requirements and all other applicable
requirements of Chapter 1001, Occupations Code. An architect shall
have responsibility for compliance with the requirements of Chapter
1051, Occupations Code.
(h) The district shall provide or contract for,
independently of the design-build firm, the inspection services,
the testing of construction materials engineering, and the
verification testing services necessary for acceptance of the
facility by the district. The district shall select those services
for which it contracts in accordance with Section 2254.004,
Government Code.
(i) The design-build firm shall supply a signed and sealed
set of construction documents for the project to the district at the
conclusion of construction.
(j) A payment or performance bond is not required for, and
may not provide coverage for, the portion of a design-build
contract under this section that includes design services only. If
a fixed contract amount or guaranteed maximum price has not been
determined at the time a design-build contract is awarded, the
penal sums of the performance and payment bonds delivered to the
district must each be in an amount equal to the project budget, as
specified in the design criteria package. The design-build firm
shall deliver the bonds not later than the 10th day after the date
the design-build firm executes the contract unless the design-build
firm furnishes a bid bond or other financial security acceptable to
the district to ensure that the design-build firm will furnish the
required performance and payment bonds when a guaranteed maximum
price is established.
Added by Acts 1997, 75th Leg., ch. 1179, § 2, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 1225, § 5, 6, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1409, § 12, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1276, § 14A.757, eff. Sept. 1, 2003.
Section: 44.0311 44.0312 44.0315 44.032 44.034 44.035 44.036 44.037 44.038 44.039 44.040 44.041 44.042 44.043
Last modified: August 10, 2007
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