reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter F. Construction Manager-at-Risk Method › Section 2269.258. Performance or Payment Bond

Sec. 2269.258.  PERFORMANCE OR PAYMENT BOND.  (a)  If a fixed contract amount or guaranteed maximum price has not been determined at the time the contract is awarded, the penal sums of the performance and payment bonds delivered to the governmental entity must each be in an amount equal to the construction budget, as specified in the request for proposals or qualifications.
(b)  The construction manager-at-risk shall deliver the bonds not later than the 10th day after the date the construction manager-at-risk executes the contract unless the construction manager-at-risk furnishes a bid bond or other financial security acceptable to the governmental entity to ensure that the construction manager will furnish the required performance and payment bonds when a guaranteed maximum price is established.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter G. Building Using Design-Build Method › Section 2269.301. Contracts for Facilities: Design-Build

Sec. 2269.301.  CONTRACTS FOR FACILITIES:  DESIGN-BUILD.  In this chapter, "design-build" is a project delivery method by which a governmental entity contracts with a single entity to provide both design and construction services for the construction, rehabilitation, alteration, or repair of a facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter G. Building Using Design-Build Method › Section 2269.302. Applicability of Subchapter to Buildings; Exceptions

Sec. 2269.302.  APPLICABILITY OF SUBCHAPTER TO BUILDINGS; EXCEPTIONS.  This subchapter applies only to a facility that is a building or an associated structure, including an electric utility structure.  This subchapter does not apply to:
(1)  a highway, road, street, bridge, underground utility, water supply project, water plant, wastewater plant, water and wastewater distribution or conveyance facility, wharf, dock, airport runway or taxiway, drainage project, or related type of project associated with civil engineering construction; or
(2)  a building or structure that is incidental to a project that is primarily a civil engineering construction project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter G. Building Using Design-Build Method › Section 2269.303. Contracts for Buildings: Design-Build

Sec. 2269.303.  CONTRACTS FOR BUILDINGS: DESIGN-BUILD.  A governmental entity may use the design-build method for the construction, rehabilitation, alteration, or repair of a building or associated structure only as provided by this subchapter.  In using that method, the governmental entity shall enter into a single contract with a design-build firm for the design and construction of the building or associated structure.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter G. Building Using Design-Build Method › Section 2269.304. Design-Build Firms

Sec. 2269.304.  DESIGN-BUILD FIRMS.  A design-build firm under this subchapter must be a sole proprietorship, partnership, corporation, or other legal entity or team that includes an architect or engineer and a construction contractor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter G. Building Using Design-Build Method › Section 2269.305. Use of Architect or Engineer as Independent Representative

Sec. 2269.305.  USE OF ARCHITECT OR ENGINEER AS INDEPENDENT REPRESENTATIVE.  The governmental entity shall select or designate an architect or engineer independent of the design-build firm to act as the governmental entity's representative for the duration of the project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter G. Building Using Design-Build Method › Section 2269.306. Preparation of Request

Sec. 2269.306.  PREPARATION OF REQUEST.  (a)  The governmental entity shall prepare a request for qualifications that includes general information on the project site, project scope, budget, special systems, selection criteria and the weighted value for each criterion, and other information that may assist potential design-build firms in submitting proposals for the project.
(b)  The governmental entity shall also prepare the design criteria package that includes more detailed information on the project.  If the preparation of the design criteria package requires architectural or engineering services that constitute the practice of architecture within the meaning of Chapter 1051, Occupations Code, or the practice of engineering within the meaning of Chapter 1001, Occupations Code, those services shall be provided in accordance with the applicable law.
(c)  The design criteria package must include a set of documents that provides sufficient information, including criteria for selection, to permit a design-build firm to prepare a response to the governmental entity's request for qualifications and to provide any additional information requested.  The design criteria package must specify criteria the governmental entity 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, and any other requirement.
(d)  The governmental entity may not require offerors to submit architectural or engineering designs as part of a proposal or a response to a request for qualifications.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter G. Building Using Design-Build Method › Section 2269.307. Evaluation of Design-Build Firms

Sec. 2269.307.  EVALUATION OF DESIGN-BUILD FIRMS.  (a)  For each design-build firm that responded to the request for qualifications, the governmental entity shall evaluate the firm's experience, technical competence, and capability to perform, the past performance of the firm and members of the firm, and other appropriate factors submitted by the firm in response to the request for qualifications, except that cost-related or price-related evaluation factors are not permitted.
(b)  Each firm must certify to the governmental entity that each architect or engineer that is a member of the firm was selected based on demonstrated competence and qualifications, in the manner provided by Section 2254.004.
(c)  The governmental entity shall qualify a maximum of five responders to submit proposals that contain additional information and, if the governmental entity chooses, to interview for final selection.
(d)  The governmental entity shall evaluate the additional information submitted by the offerors on the basis of the selection criteria stated in the request for qualifications and the results of any interview.
(e)  The governmental entity 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, or costing methodology.  As used in this subsection, "costing methodology" means an offeror's policies on subcontractor markup, definition of general conditions, range of cost for general conditions, policies on retainage, policies on contingencies, discount for prompt payment, and expected staffing for administrative duties.  The term does not include a guaranteed maximum price or bid for overall design or construction.
(f)  The governmental entity shall rank each proposal submitted on the basis of the criteria set forth in the request for qualifications.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter G. Building Using Design-Build Method › Section 2269.308. Selection of Design-Build Firm

Sec. 2269.308.  SELECTION OF DESIGN-BUILD FIRM.  (a)  The governmental entity shall select the design-build firm that submits the proposal offering the best value for the governmental entity on the basis of the published selection criteria and on its ranking evaluations.
(b)  The governmental entity shall first attempt to negotiate a contract with the selected firm.
(c)  If the governmental entity is unable to negotiate a satisfactory contract with the selected firm, the governmental entity shall, formally and in writing, end all negotiations with that firm and proceed to negotiate with the next firm in the order of the selection ranking until a contract is reached or negotiations with all ranked firms end.
(d)  Not later than the seventh day after the date the contract is awarded, the governmental entity shall make the rankings determined under Section 2269.307(f) public.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(12), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter G. Building Using Design-Build Method › Section 2269.309. Submission of Design After Selection

Sec. 2269.309.  SUBMISSION OF DESIGN AFTER SELECTION.  After selection of the design-build firm, that firm's architects or engineers shall submit all design elements for review and determination of scope compliance to the governmental entity or the governmental entity's architect or engineer before or concurrently with construction.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter G. Building Using Design-Build Method › Section 2269.310. Final Construction Documents

Sec. 2269.310.  FINAL CONSTRUCTION DOCUMENTS.  The design-build firm shall supply a set of construction documents for the completed project to the governmental entity at the conclusion of construction.  The documents must note any changes made during construction.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter G. Building Using Design-Build Method › Section 2269.311. Performance or Payment Bond

Sec. 2269.311.  PERFORMANCE OR PAYMENT BOND.  (a)  A payment or performance bond is not required and may not provide coverage for the design portion of the design-build contract with the design-build firm under this subchapter.
(b)  If a fixed contract amount or guaranteed maximum price has not been determined at the time the design-build contract is awarded, the penal sums of the performance and payment bonds delivered to the governmental entity must each be in an amount equal to the construction budget, as specified in the design criteria package.
(c)  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 governmental entity to ensure that the design-build firm will furnish the required performance and payment bonds before construction begins.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.351. Definitions

Sec. 2269.351.  DEFINITIONS.  In this subchapter:
(1)  "Civil works project" means:
(A)  roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants, water distribution and wastewater conveyance facilities, desalination projects, wharves, docks, airport runways and taxiways, storm drainage and flood control projects, or transit projects;
(B)  types of projects or facilities related to those described by Paragraph (A) and associated with civil engineering construction; and
(C)  buildings or structures that are incidental to projects or facilities that are described by Paragraphs (A) and (B) and that are primarily civil engineering construction projects.
(2)  "Design-build firm" means a partnership, corporation, or other legal entity or team that includes an engineer and a construction contractor qualified to engage in civil works construction in Texas.
(3)  "Design criteria package" means a set of documents that:
(A)  provides sufficient information to convey the intent, goals, criteria, and objectives of the civil works project; and
(B)  permits a design-build firm to:
(i)  assess the scope of work and the risk involved; and
(ii)  submit a proposal on the project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.352. Applicability

Sec. 2269.352.  APPLICABILITY.  This subchapter applies to a governmental entity that:
(1)  has a population of more than 100,000 within the entity's geographic boundary or service area; or
(2)  is a board of trustees governed by Chapter 54, Transportation Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.353. Contracts for Civil Works Projects: Design-Build

Sec. 2269.353.  CONTRACTS FOR CIVIL WORKS PROJECTS: DESIGN-BUILD.  (a)  A governmental entity may use the design-build method for the construction, rehabilitation, alteration, or repair of a civil works project.  In using this method and in entering into a contract for the services of a design-build firm, the contracting governmental entity and the design-build firm shall follow the procedures provided by this subchapter.
(b)  A contract for a project under this subchapter may cover only a single integrated project.  A governmental entity may not enter into a contract for aggregated projects at multiple locations.  For purposes of this subsection:
(1)  if a metropolitan transit authority created under Chapter 451, Transportation Code, enters into a contract for a project involving a linear transit project with multiple stops along the project route for boarding passengers, created under Chapter 451, Transportation Code, the linear transit project is a single integrated project; and
(2)  a water treatment plant, including a desalination plant, that includes treatment facilities, well fields, and pipelines is a single integrated project.
(c)  A governmental entity shall use the following criteria as a minimum basis for determining the circumstances under which the design-build method is appropriate for a project:
(1)  the extent to which the entity can adequately define the project requirements;
(2)  the time constraints for the delivery of the project;
(3)  the ability to ensure that a competitive procurement can be held; and
(4)  the capability of the entity to manage and oversee the project, including the availability of experienced personnel or outside consultants who are familiar with the design-build method of project delivery.
(d)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1127 (H.B. 1050), Sec. 11, eff. September 1, 2013.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(13), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1127 (H.B. 1050), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1127 (H.B. 1050), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.354. Limitation on Number of Projects

Sec. 2269.354.  LIMITATION ON NUMBER OF PROJECTS.  (a)   After August 31, 2013:
(1)  a governmental entity with a population of 500,000 or more within the entity's geographic boundary or service area may, under this subchapter, enter into contracts for not more than six projects in any fiscal year;
(2)  a municipally owned water utility with a separate governing board appointed by the governing body of a municipality with a population of 500,000 or more may:
(A)  independently enter into contracts for not more than two civil works projects in any fiscal year; and
(B)  enter into contracts for additional civil works projects in any fiscal year, but not more than the number of civil works projects prescribed by the limit in Subdivision (1) for the municipality, provided that:
(i)  the additional contracts for the civil works projects entered into by the utility under this paragraph are allocated to the number of contracts the municipality that appoints the utility's governing board may enter under Subdivision (1); and
(ii)  the governing body of the municipality must approve the contracts; and
(3)  a governmental entity that has a population of 100,000 or more but less than 500,000 or is a board of trustees governed by Chapter 54, Transportation Code, may enter into contracts under this subchapter for not more than four projects in any fiscal year.
(b)  For purposes of determining the number of eligible projects under this section, a municipally owned water utility with a separate governing board appointed by the governing body of the municipality is considered part of the municipality.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1127 (H.B. 1050), Sec. 4, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1356 (S.B. 1430), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.355. Use of Engineer

Sec. 2269.355.  USE OF ENGINEER.  (a)  The governmental entity shall select or designate an engineer who is independent of the design-build firm to act as its representative for the procurement process and for the duration of the work on the civil works project.  The selected or designated engineer has full responsibility for complying with Chapter 1001, Occupations Code.
(b)  If the engineer is not a full-time employee of the governmental entity, the governmental entity shall select the engineer on the basis of demonstrated competence and qualifications as provided by Section 2254.004.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.356. Use of Other Professional Services

Sec. 2269.356.  USE OF OTHER PROFESSIONAL SERVICES.  (a)  The governmental entity shall provide or contract for, independently of the design-build firm, the following services as necessary for the acceptance of the civil works project by the entity:
(1)  inspection services;
(2)  construction materials engineering and testing; and
(3)  verification testing services.
(b)  The governmental entity shall select the services for which it contracts under this section in accordance with Section 2254.004.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.357. Request for Qualifications

Sec. 2269.357.  REQUEST FOR QUALIFICATIONS.  (a)  The governmental entity shall prepare a request for qualifications that includes:
(1)  information on the civil works project site;
(2)  project scope;
(3)  project budget;
(4)  project schedule;
(5)  criteria for selection under Section 2269.359 and the weighting of the criteria; and
(6)  other information that may assist potential design-build firms in submitting proposals for the project.
(b)  The governmental entity shall also prepare a design criteria package as described by Section 2269.358.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(14), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.358. Contents of Design Criteria Package

Sec. 2269.358.  CONTENTS OF DESIGN CRITERIA PACKAGE.  A design criteria package may include, as appropriate:
(1)  budget or cost estimates;
(2)  information on the site;
(3)  performance criteria;
(4)  special material requirements;
(5)  initial design calculations;
(6)  known utilities;
(7)  capacity requirements;
(8)  quality assurance and quality control requirements;
(9)  the type, size, and location of structures; and
(10)  notice of any ordinances, rules, or goals adopted by the governmental entity relating to awarding contracts to historically underutilized businesses.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.359. Evaluation of Design-Build Firms

Sec. 2269.359.  EVALUATION OF DESIGN-BUILD FIRMS.  (a)  The governmental entity shall receive proposals and shall 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 at this stage.
(b)  Each offeror must:
(1)  select or designate each engineer that is a member of its team based on demonstrated competence and qualifications, in the manner provided by Section 2254.004; and
(2)  certify to the governmental entity that each selection or designation was based on demonstrated competence and qualifications, in the manner provided by Section 2254.004.
(c)  The governmental entity shall qualify offerors to submit additional information and, if the entity chooses, to interview for final selection.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.360. Selection of Design-Build Firm

Sec. 2269.360.  SELECTION OF DESIGN-BUILD FIRM.  The governmental entity shall select a design-build firm using a combination of technical and cost proposals as provided by Section 2269.361.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(15), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.361. Procedures for Combination of Technical and Cost Proposals

Sec. 2269.361.  PROCEDURES FOR COMBINATION OF TECHNICAL AND COST PROPOSALS.  (a)  A governmental entity shall request proposals from design-build firms identified under Section 2269.359(c).  A response to a request for detailed proposals must be submitted on or before the earlier of the time for submission requested by the governmental entity or the 180th day after the date the governmental entity makes a public request for the proposals from the selected firms.  The request for proposals must include:
(1)  a design criteria package;
(2)  if the project site is identified, a geotechnical baseline report or other information that provides the design-build firm minimum geotechnical design parameters to submit a proposal;
(3)  detailed instructions for preparing the technical proposal and the items to be included, including a description of the form and level of completeness of drawings expected; and
(4)  the relative weighting of the technical and price proposals and the formula by which the proposals will be evaluated and ranked.
(b)  The technical proposal is a component of the proposal under this section.
(c)  Each proposal must include a sealed technical proposal and a separate sealed cost proposal.
(d)  The technical proposal must address:
(1)  project approach;
(2)  anticipated problems;
(3)  proposed solutions to anticipated problems;
(4)  ability to meet schedules;
(5)  conceptual engineering design; and
(6)  other information requested by the governmental entity.
(e)  The governmental entity shall first open, evaluate, and score each responsive technical proposal submitted on the basis of the criteria described in the request for proposals and assign points on the basis of the weighting specified in the request for proposals.  The governmental entity may reject as nonresponsive any firm that makes a significant change to the composition of its firm as initially submitted.  The governmental entity shall subsequently open, evaluate, and score the cost proposals from firms that submitted a responsive technical proposal and assign points on the basis of the weighting specified in the request for proposals.  The governmental entity shall select the design-build firm in accordance with the formula provided in the request for proposals.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(16), eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 556 (S.B. 533), Sec. 14, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.3615. Identification of Project Team

Sec. 2269.3615.  IDENTIFICATION OF PROJECT TEAM.  (a)  A governmental entity may require a design-build firm responding to a request for detailed proposals to identify companies that will:
(1)  fill key project roles, including project management, lead design firm, quality control management, and quality assurance management; and
(2)  serve as key task leaders for geotechnical, hydraulics and hydrology, structural, environmental, utility, and right-of-way issues.
(b)  If a design-build firm required to identify companies under Subsection (a) is selected for a design-build agreement, the firm may not make changes to the identified companies unless an identified company:
(1)  is no longer in business, is unable to fulfill its legal, financial, or business obligations, or can no longer meet the terms of the teaming agreement with the design-build firm;
(2)  voluntarily removes itself from the team;
(3)  fails to provide a sufficient number of qualified personnel to fulfill the duties identified during the proposal stage; or
(4)  fails to negotiate in good faith in a timely manner in accordance with provisions established in the teaming agreement proposed for the project.
(c)  If the design-build firm makes team changes in violation of Subsection (b), any cost savings resulting from the change accrue to the governmental entity and not to the design-build firm.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1127 (H.B. 1050), Sec. 5(b), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.362. Negotiation

Sec. 2269.362.  NEGOTIATION.  After selecting the highest-ranked design-build firm under Section 2269.361, the governmental entity shall first attempt to negotiate a contract with the selected firm.  If the governmental entity is unable to negotiate a satisfactory contract with the selected firm, the entity shall, formally and in writing, end all negotiations with that firm and proceed to negotiate with the next firm in the order of the selection ranking until a contract is reached or negotiations with all ranked firms end.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(17), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.363. Assumption of Risks

Sec. 2269.363.  ASSUMPTION OF RISKS.  The governmental entity shall assume:
(1)  all risks and costs associated with:
(A)  scope changes and modifications, as requested by the governmental entity;
(B)  unknown or differing site conditions unless otherwise provided by the governmental entity in the request for proposals and final contract;
(C)  regulatory permitting, if the governmental entity is responsible for those risks and costs by law or contract; and
(D)  natural disasters and other force majeure events unless otherwise provided by the governmental entity in the request for proposals and final contract; and
(2)  all costs associated with property acquisition, excluding costs associated with acquiring a temporary easement or work area associated with staging or construction for the project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.364. Stipend Amount for Unsuccessful Offerors

Sec. 2269.364.  STIPEND AMOUNT FOR UNSUCCESSFUL OFFERORS.  (a)  Unless a stipend is paid under Subsection (c), the design-build firm retains all rights to the work product submitted in a proposal.  The governmental entity may not release or disclose to any person, including the successful offeror, the work product contained in an unsuccessful proposal.  The governmental entity shall return all copies of the proposal and other information submitted to an unsuccessful offeror.  The governmental entity or its agents may not make use of any unique or nonordinary design element, technique, method, or process contained in the unsuccessful proposal that was not also contained in the successful proposal at the time of the original submittal, unless the entity acquires a license from the unsuccessful offeror.
(b)  A violation of this section voids the contract for the project entered into by the governmental entity.  The governmental entity is liable to any unsuccessful offeror, or any member of the design-build team or its assignee, for one-half of the cost savings associated with the unauthorized use of the work product of the unsuccessful offeror.  Any interested party may bring an action for an injunction, declaratory relief, or damages for a violation of this section.  A party who prevails in an action under this subsection is entitled to reasonable attorney's fees as approved by the court.
(c)  The governmental entity may offer an unsuccessful design-build firm that submits a response to the entity's request for additional information under Section 2269.361 a stipend for preliminary engineering costs associated with the development of the proposal.  The stipend must be one-half of one percent of the contract amount and must be specified in the initial request for proposals.  If the offer is accepted and paid, the governmental entity may make use of any work product contained in the proposal, including the techniques, methods, processes, and information contained in the proposal.  The use by the governmental entity of any design element contained in an unsuccessful proposal is at the sole risk and discretion of the entity and does not confer liability on the recipient of the stipend under this subsection.
(d)  Notwithstanding other law, including Chapter 552, work product contained in an unsuccessful proposal submitted and rejected under this subchapter is confidential and may not be released unless a stipend offer has been accepted and paid as provided by Subsection (c).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(18), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.365. Completion of Design

Sec. 2269.365.  COMPLETION OF DESIGN.  (a)  Following selection of a design-build firm under this subchapter, the firm's engineers shall submit all design elements for review and determination of scope compliance to the governmental entity before or concurrently with construction.
(b)  An appropriately licensed design professional shall sign and seal construction documents before the documents are released for construction.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.366. Final Construction Documents

Sec. 2269.366.  FINAL CONSTRUCTION DOCUMENTS.  At the conclusion of construction, the design-build firm shall supply to the governmental entity a record set of construction documents for the project prepared as provided by Chapter 1001, Occupations Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter H. Design-Build Procedures for Certain Civil Works Projects › Section 2269.367. Performance or Payment Bond

Sec. 2269.367.  PERFORMANCE OR PAYMENT BOND.  (a)  A performance or payment bond is not required for the portion of a design-build contract under this section that includes design services only.
(b)  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 governmental entity must each be in an amount equal to the construction budget, if commercially available and practical, as specified in the design criteria package.
(c)  If the governmental entity awards a design-build contract under Section 2269.362, 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 governmental entity to ensure that the design-build firm will furnish the required performance and payment bonds before the commencement of construction.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(19), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter I. Job Order Contracts Method › Section 2269.401. Job Order Contracting

Sec. 2269.401.  JOB ORDER CONTRACTING.  In this chapter, "job order contracting" is a procurement method used for maintenance, repair, alteration, renovation, remediation, or minor construction of a facility when the work is of a recurring nature but the delivery times, type, and quantities of work required are indefinite.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter I. Job Order Contracts Method › Section 2269.402. Applicability of Subchapter to Buildings; Exceptions

Sec. 2269.402.  APPLICABILITY OF SUBCHAPTER TO BUILDINGS; EXCEPTIONS.  This subchapter applies only to a facility that is a building, the design and construction of which is governed by accepted building codes, or a structure or land, whether improved or unimproved, that is associated with a building.  This subchapter does not apply to:
(1)  a highway, road, street, bridge, utility, water supply project, water plant, wastewater plant, water and wastewater distribution or conveyance facility, wharf, dock, airport runway or taxiway, drainage project, or related type of project associated with civil engineering construction; or
(2)  a building or structure that is incidental to a project that is primarily a civil engineering construction project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter I. Job Order Contracts Method › Section 2269.403. Requirements for Job Order Contracts for Facilities

Sec. 2269.403.  REQUIREMENTS FOR JOB ORDER CONTRACTS FOR FACILITIES.  (a)  A governmental entity may award job order contracts for the maintenance, repair, alteration, renovation, remediation, or minor construction of a facility if:
(1)  the work is of a recurring nature but the delivery times are indefinite; and
(2)  indefinite quantities and orders are awarded substantially on the basis of predescribed and prepriced tasks.
(b)  The governmental entity shall establish the maximum aggregate contract price when it advertises the proposal.
(c)  The governing body of a governmental entity shall approve each job, task, or purchase order that exceeds $500,000.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter I. Job Order Contracts Method › Section 2269.404. Contractual Unit Prices

Sec. 2269.404.  CONTRACTUAL UNIT PRICES.  The governmental entity may establish contractual unit prices for a job order contract by:
(1)  specifying one or more published construction unit price books and the applicable divisions or line items; or
(2)  providing a list of work items and requiring the offerors to propose one or more coefficients or multipliers to be applied to the price book or prepriced work items as the price proposal.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.