Texas Transportation Code Title 6, Chapter 223 - Bids And Contracts For Highway Projects

SUBCHAPTER A COMPETITIVE BIDS

• Texas Section 223.001 - Contract Requiring Competitive Bids
  The department shall submit for competitive bids each contract for: (1) the improvement of a highway that is part of the state highway system; or...
• Texas Section 223.002 - Notice Of Bids
  The department shall give notice regarding the time and place at which bids on a contract will be opened and the contract awarded. The commission...
• Texas Section 223.003 - Notice By Mail
  (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)...
• Texas Section 223.004 - Filing, Opening, And Rejection Of Bids
  (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...
• Texas Section 223.0041 - Award Of Contracts
  (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)...
• Texas Section 223.0042 - Contract Information On Internet Website
  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...
• Texas Section 223.005 - Bids On Contracts Involving Less Than $300,000
  Sec. 223.005. BIDS ON CONTRACTS INVOLVING LESS THAN $300,000. (a) The commission by rule may allow bids on a contract estimated by the department to...
• Texas Section 223.006 - Contractor's Bond
  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...
• Texas Section 223.007 - Contracts
  (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...
• Texas Section 223.008 - No Liability In Excess Of Available Funds
  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...
• Texas Section 223.009 - Partial Payment
  A contract may provide for partial payments to the contractor. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts...
• Texas Section 223.010 - Deposit And Investment Of Retained Amount
  (a) The department may retain up to five percent of the contract price. The department may continue to retain the amount until the entire improvement...
• Texas Section 223.012 - Contractor Performance
  (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...
• Texas Section 223.013 - Electronic Bidding System
  (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...
• Texas Section 223.014 - Bid Guaranty
  (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...
• Texas Section 223.015 - Deposit And Investment Of Bid Guaranty
  (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...

SUBCHAPTER B CONTRACT PROVISIONS

• Texas Section 223.016 - Form Of Proposal Guaranty
  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:...
• Texas Section 223.041 - Engineering And Design Contracts
  (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,...
• Texas Section 223.042 - Privatization Of Maintenance Contracts
  (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...
• Texas Section 223.043 - Citizen's Preference In Employment
  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...
• Texas Section 223.044 - Inmate Labor Or Labor Of Persons Placed On Community Supervision For Improvement Projects
  (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...
• Texas Section 223.045 - Steel Preference Provisions In Improvement Contracts
  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...
• Texas Section 223.046 - Use Of Fly Ash And Bottom Ash For Road Construction
  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...
• Texas Section 223.047 - Preference For Rubberized Asphalt Paving Made From Scrap Tires
  (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...
• Texas Section 223.048 - Time Of Payment
  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...
• Texas Section 223.049 - Contract With Land Owner For Improving Access To Land
  (a) The department may, without complying with the competitive bidding procedures of Subchapter A, contract with an owner of land, including a subdivision, adjacent to...

SUBCHAPTER C EXPEDITED HIGHWAY IMPROVEMENT CONTRACTS

• Texas Section 223.050 - Preference For Certain Providers
  (a) Except as provided by Subsection (d), in awarding a contract to a private sector provider, the department shall give preference to a private sector...
• Texas Section 223.101 - Definitions
  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...
• Texas Section 223.102 - Award Of Emergency Highway Improvement Contract
  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...
• Texas Section 223.103 - Certification Of Emergency
  (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...
• Texas Section 223.104 - Contract Requirements
  (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...

SUBCHAPTER D CONTRACTS FOR ENVIRONMENTAL OR CULTURAL ASSESSMENT

• Texas Section 223.105 - Notification Of Commission
  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...
• Texas Section 223.151 - Applicability
  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...
• Texas Section 223.152 - Determination By Department
  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...
• Texas Section 223.153 - Solicitation Of Proposals
  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...
• Texas Section 223.154 - Opening Of Proposals; Disclosure Of Information
  (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...
• Texas Section 223.155 - Discussions With Offerors
  (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...
• Texas Section 223.156 - Award Of Contract
  (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...

SUBCHAPTER E COMPREHENSIVE DEVELOPMENT AGREEMENTS

• Texas Section 223.157 - Rules
  The department may adopt rules to implement this subchapter. Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.15(a), eff. Sept. 1, 1997.
• Texas Section 223.201 - Authority
  (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,...
• Texas Section 223.2011 - Limited Authority For Certain Projects Using Comprehensive Development Agreements
  (a) Notwithstanding Sections 223.201(f) and 370.305(c), the department or an authority under Section 370.003 may enter into a comprehensive development agreement relating to improvements to,...
• Texas Section 223.2012 - North Tarrant Express Project Provisions
  (a) In this section, the North Tarrant Express project is the project described by Section 223.201(f)(3) entered into on June 23, 2009. (b) The comprehensive...
• Texas Section 223.2013 - No Effect On Department Obligations
  Any authority for the department to enter into a comprehensive development agreement relating to improvements to Grand Parkway (State Highway 99) does not affect the...
• Texas Section 223.202 - Limitation On Department Financial Participation
  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...
• Texas Section 223.203 - Process For Entering Into Comprehensive Development Agreements
  (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...
• Texas Section 223.204 - Confidentiality Of Information
  (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...
• Texas Section 223.205 - Performance And Payment Security
  (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...
• Texas Section 223.206 - Ownership Of Highway
  (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...
• Texas Section 223.207 - Liability For Private Obligations
  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...
• Texas Section 223.208 - Terms Of Private Participation
  (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...

SUBCHAPTER F DESIGN-BUILD CONTRACTS

• Texas Section 223.209 - Rules, Procedures, And Guidelines Governing Selection And Negotiating Process
  (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...
• Texas Section 223.241 - Definitions
  In this subchapter: (1) "Design-build contractor" means a partnership, corporation, or other legal entity or team that includes an engineering firm and a construction contractor...
• Texas Section 223.242 - Scope Of And Limitations On Contracts
  (a) Notwithstanding the requirements of Subchapter A and Chapter 2254, Government Code, the department may use the design-build method for the design, construction, expansion, extension,...
• Texas Section 223.243 - Use Of Engineer Or Engineering Firm
  (a) To act as the department's representative, independent of a design-build contractor, for the procurement process and for the duration of the work on a...
• Texas Section 223.244 - Other Professional Services
  (a) The department shall provide or contract for, independently of the design-build contractor, the following services as necessary for the acceptance of the highway project...
• Texas Section 223.245 - Request For Qualifications
  (a) For any highway project to be delivered through the design-build method, the department must prepare and issue a request for qualifications. A request for...
• Texas Section 223.246 - Request For Proposals
  (a) The department shall issue a request for proposals to proposers short-listed under Section 223.245. A request for proposals must include: (1) information on the...
• Texas Section 223.247 - Negotiation
  (a) After ranking the proposers under Section 223.246(i), the department shall first attempt to negotiate a contract with the highest-ranked proposer. The department may include...
• Texas Section 223.248 - Assumption Of Risks And Costs
  (a) Except as provided by Subsection (b), the department shall assume: (1) all risks and costs associated with: (A) changes and modifications to the scope...
• Texas Section 223.249 - Stipend Amount For Unsuccessful Proposers
  (a) The department shall pay an unsuccessful proposer that submits a responsive proposal a stipend for the work product contained in the proposal that the...
• Texas Section 223.250 - Performance Or Payment Bond
  (a) The department shall require a design-build contractor to provide: (1) a performance and payment bond; (2) an alternative form of security; or (3) a...

Last modified: September 28, 2016