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Texas Transportation Code - Chapter 223 Bids And Contracts For Highway ProjectsLegal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Chapter 223 Bids And Contracts For Highway Projects Sponsored LinksThe department shall submit for competitive bids each contract for: (1) the improvement of a highway that is part of the state highway system; or ... (a) The department shall publish notice of the time and place at which bids on a contract will be opened and the contract awarded. (b) ... (a) A person may apply to have the name of the person placed on a mailing list to receive notice of any proposed contracts. (b) ... (a) Except as provided by Section 223.005, a bid submitted under this subchapter must be sealed and filed with the director or the director's designee ... (a) Except as provided by Section 223.005, all bids received and not rejected by the department shall be tabulated and forwarded to the commission. (b) ... The department shall make available on the department's Internet website a listing describing each contract awarded by the commission for a highway construction project. The ... Amended by Acts 1997, 75th Leg., ch. 165, § 30.13(d), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 82, § 2, eff. Aug. 30, ... A successful bidder under this subchapter shall post a bond in an amount provided by law conditioned on the faithful compliance with the bidder's bid ... (a) The commission shall prescribe the form of the contract and may include any matter the commission considers advantageous to the state. (b) Contract forms ... A contract may not be made under this subchapter that will create a liability on the state in excess of funds available for that purpose ... A contract may provide for partial payments to the contractor. The aggregate amount of payments at any time may not exceed 95 percent of the ... (a) Five percent of the contract price shall be retained until the entire improvement has been completed and accepted, except as provided by Subsections (h) ... The limitation on partial payments provided by Section 223.009 and the retainage requirement under Section 223.010(a) do not apply to a contract for: (1) maintenance; ... (a) The department shall: (1) develop a schedule for liquidated damages that accurately reflects the costs associated with project completion delays, including administrative and travel ... (a) The department may establish an electronic bidding system for highway construction and maintenance contracts. (b) The system must permit a qualified vendor to electronically ... (a) The commission by rule shall provide a method by which a bidder may submit a bid guaranty. A rule may authorize the use of ... (a) The department may authorize the use of a trust account for the purpose of providing a required bid guaranty. (b) The guaranty shall be ... If the department by rule requires a proposal guaranty as a condition of bidding for a contract, the guaranty may be in the form of: ... (a) The department shall use private sector engineering-related services to assist in accomplishing its activities in providing transportation projects. For the purpose of this section, ... (a) Of the amount spent in a fiscal year by the department for maintenance projects, the department shall spend not less than 50 percent through ... In a contract for the construction, maintenance, or improvement of a designated state highway, the department may require that a citizen of the United States ... (a) The commission may authorize the department to contract with a criminal justice agency or a private correctional facility for the provision of inmate labor ... A contract awarded by the department for the improvement of the state highway system without federal aid must contain the same preference provisions for steel ... Design standards, guidelines, and specifications of the department, a county, or a municipality shall require that contract specifications for a road construction project allow for ... (a) If the department, a county, or a municipality uses rubberized asphalt paving, the department, county, or municipality shall use scrap tires converted to rubberized ... The department may not pay a contractor for highway improvement, construction, or maintenance before the 10th day of the month after the month in which ... In this subchapter: (1) "Highway emergency" means a situation or condition of a designated state highway that: (A) poses an imminent threat to life or ... As an alternative to the procedure provided by Subchapter A, in a highway emergency the department may award a highway improvement contract in accordance with ... (a) Before awarding a contract under this subchapter, the director or a person the director designates must certify in writing a description of the highway ... (a) A contract awarded under this subchapter must: (1) be in the name of the state; (2) be signed by the director or a person ... Not later than the fifth working day after the date on which the contract is awarded, the director shall notify in writing each member of ... This subchapter: (1) applies to services of a technical expert, including an archeologist, biologist, geologist, or historian, to conduct an environmental or cultural assessment required ... The department may use competitive sealed proposals to obtain services under this subchapter if the department determines that competitive sealed bidding or informal competitive bidding ... The department shall solicit proposals under this subchapter using the procedure by which the department procures services under Subchapter A, Chapter 2254, Government Code. Added ... (a) The department: (1) shall open each proposal received under this subchapter so as to avoid disclosure of contents to competing offerors during the process ... (a) As provided in a request for proposals and under rules adopted by the commission, the department may discuss an acceptable or potentially acceptable proposal ... (a) Except as provided by Subsection (c), the department shall make a written award of a contract under this subchapter to the offeror whose proposal ... The department may adopt rules to implement this subchapter. Added by Acts 1997, 75th Leg., ch. 165, § 30.15(a), eff. Sept. 1, 1997. ... (a) Subject to Section 223.202, the department may enter into a comprehensive development agreement with a private entity to design, develop, finance, construct, maintain, repair, ... The amount of money disbursed by the department from the state highway fund and the Texas mobility fund during a federal fiscal year to pay ... (a) If the department enters into a comprehensive development agreement, the department shall use a competitive procurement process that provides the best value for the ... (a) To encourage private entities to submit proposals under this subchapter, the following information is confidential, is not subject to disclosure, inspection, or copying under ... (a) Notwithstanding Section 223.006 and the requirements of Subchapter B, Chapter 2253, Government Code, the department shall require a private entity entering into a comprehensive ... (a) A state highway or another facility described by Section 223.201(a) that is the subject of a comprehensive development agreement with a private entity, including ... The department may not incur a financial obligation for a private entity that designs, develops, finances, constructs, maintains, or operates a state highway or other ... (a) The department shall negotiate the terms of private participation under this subchapter, including: (1) methods to determine the applicable cost, profit, and project distribution ... (a) The commission shall adopt rules, procedures, and guidelines governing selection of a developer for a comprehensive development agreement and negotiations to promote fairness, obtain ... Last modified: August 11, 2007 |