Tex. Water Code Section 60.460
Design-build Contracts for Facilities


(a)

A district may award a design-build contract for the construction, rehabilitation, alteration, or repair of a facility provided that the contracting district and the design-build firm follow the procedures provided by this section.

(b)

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, the district shall select the engineer or architect as provided by Section 2254.004 (Contract for Professional Services of Architect, Engineer, or Surveyor), Government Code.

(c)

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 a 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 (Texas Board of Professional Engineers and Land Surveyors), Occupations Code, or the practice of architecture within the meaning of Chapter 1051 (Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects), Occupations Code, those services shall be provided in accordance with the applicable law. An engineer shall have responsibility for compliance with the engineering design requirements and all other applicable requirements of Chapter 1001 (Texas Board of Professional Engineers and Land Surveyors), Occupations Code. An architect shall have responsibility for compliance with the requirements of Chapter 1051 (Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects), Occupations Code.

(d)

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 who is a member of its team was selected based on demonstrated competence and qualifications, in the manner provided by Section 2254.004 (Contract for Professional Services of Architect, Engineer, or Surveyor), 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, construction cost, engineering and architectural design, or other factors as appropriate. 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 a contract with the selected offeror. 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.

(e)

Following selection of a design-build firm under Subsection (d), 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 the district’s engineer or architect before or concurrently with construction.

(f)

The district shall provide or contract for, independently of the design-build firm, the inspection services, the testing of construction materials, 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 (Contract for Professional Services of Architect, Engineer, or Surveyor), Government Code.

(g)

The design-build firm shall supply a signed and sealed set of as-built construction documents for the project to the district at the conclusion of construction.

(h)

A payment or performance bond is not required for, and may not provide coverage for, the portion of a design-build contract under this subchapter 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.

(i)

The district shall pay an unsuccessful design-build firm that submits a response to the district’s request for additional information on engineering or architectural design under Subsection (d)(2) the stipulated amount of up to one-half of one percent of the final contract price for any reasonable costs incurred in preparing that proposal. After payment of the stipulated amount, the district may make use of any design contained in the proposal, including the technologies, techniques, methods, processes, and information contained in the design. The use by the district of any design element contained in an unsuccessful proposal is at the sole risk and discretion of the district and does not confer liability on the recipient of the stipulated amount under this section. The methodology for computing the stipulated amount must be stated in the request for additional information under Subsection (d)(2).

(j)

The district may use a design-build firm to assist the district in obtaining a permit necessary for a facility, but the district is responsible for obtaining the permit.

(k)

A successful design-build firm shall not be eligible for another design-build contract with the district for a period of 12 months after the date the successful design-build firm’s contract has been completed if:

(1)

the successful design-build firm’s contract value exceeds $5 million; or

(2)

the design-build firm is awarded design-build contracts by a district that total more than $5 million in a 12-month period.
Added by Acts 2003, 78th Leg., ch. 307, Sec. 1, eff. June 18, 2003.

Source: Section 60.460 — Design-build Contracts for Facilities, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­60.­htm#60.­460 (accessed Mar. 16, 2024).

60.001
Definitions
60.002
Audit
60.003
Authority to Contract for the Operation or Development of a District
60.004
Act or Proceeding of District Presumed Valid
60.005
Exemption from Taxation and Special Assessments
60.011
Creation of Retirement, Disability, and Death Compensation Fund
60.013
Eligibility for Other Pension Funds
60.014
Hospitalization and Medical Benefits
60.021
Definitions
60.022
Establishment of Employee Catastrophic Assistance Program
60.023
Employee Contribution to District Assistance Fund
60.024
Transfers from District Assistance Fund to Employees
60.031
Application of Subchapter
60.032
Authority to Construct Improvements
60.033
Use of Equipment
60.034
Oil, Gas, and Mineral Leases
60.035
Notice of Certain Oil, Gas, and Mineral Leases
60.036
Security for Bid on Oil, Gas, or Mineral Leases
60.037
Award and Execution of Oil, Gas, and Mineral Leases
60.038
Disposition of Interests in Real Property
60.039
Surface Lease
60.043
Power over Waterways
60.044
Law Governing Commission
60.071
General Rule-making Authority
60.072
Specific Powers of Districts
60.073
Enforcement
60.074
Style of Ordinances
60.075
Publication of Ordinance, Rule, or Regulation
60.076
Conflict with Law
60.077
Authority of Peace Officers
60.078
Penalties
60.079
Jurisdiction of Violations
60.101
Acquisition and Maintenance of Port Facilities
60.102
Utility Relocation
60.103
Prescribing Fees and Charges
60.104
Power to Borrow Money
60.105
Expenses to Be Paid from Current Revenues
60.106
Pledge of Revenue for Payment of Obligations
60.107
Mortgage as Additional Security
60.108
Issuance of Obligations
60.109
Sinking Fund
60.110
Revenue Set Aside for Sinking Fund
60.111
Deposit of Proceeds of Obligations
60.112
Insuring Improvements to Protect Holders of Obligations
60.113
Compelling Performance of Duties
60.114
Obligations Exempt from Taxation
60.115
Refunding Obligations
60.116
Approval and Registration of Bonds
60.117
Bonds as Investments
60.118
Board of Trustees of Facility
60.119
Covenants for Management and Operation of Improvements
60.120
Contracts, Leases, and Agreements Authorized
60.121
Conversion of District
60.122
Improvements Not Payable from Taxes
60.123
Pilot and Pilotage Laws Unaffected
60.124
Gifts, Grants, and Donations
60.151
Purpose
60.152
Authority to Enter into Contract
60.153
Execution of Contracts
60.171
Authority to Borrow Money and Encumber Property and Franchise
60.172
Notice of Hearing on Indebtedness
60.173
Hearing on Indebtedness
60.174
Issuance of Obligations
60.175
Execution and Sale of Obligations
60.176
Obligations as Charge on Encumbered Property and Facilities
60.177
Lien on Revenue
60.178
Trustee to Enforce Foreclosure
60.179
Borrowing for Current Expenses
60.180
Management and Control by Commission
60.181
Proceedings to Borrow Money
60.201
Purpose
60.202
Creation of Fund
60.203
Expenditure of Fund
60.204
Management and Control of Promotion and Development Fund
60.205
Other Expenses Not Affected
60.221
Modification of Revenue Bond Resolution
60.241
Authority to Convert
60.242
Resolution
60.243
Notice of Resolution
60.244
Findings
60.245
Status of Converted District
60.246
Powers of Converted District
60.247
Optional Election
60.248
Effect of Election
60.249
Effect of Optional Conversion
60.271
Selection of Depository
60.272
Depository Bond
60.273
Treasurer’s Bond
60.301
Authority to Issue Refunding Bonds
60.331
Classes of Bonds Authorized
60.332
Issuance of Bonds
60.333
Form of Bonds
60.334
Maturity of Bonds
60.335
Registered and Bearer Bonds
60.336
Lost and Destroyed Bonds
60.337
Approval of Converted or Substituted Bonds
60.338
Bonds Secured by Revenues
60.339
Bonds Payable from Taxes
60.340
Bonds Payable from Both Taxes and Revenues
60.341
Rates, Tolls, and Charges
60.342
Use of Bond Proceeds
60.343
Interim Bonds
60.344
Refunding Bonds
60.345
Approval and Incontestability of Bonds
60.346
Additional Security
60.347
Investment of Bond Proceeds
60.348
Bonds as Investments
60.349
Effect of Subchapter
60.0381
Conveyance of Land by Certain Navigation Districts
60.401
Application of Subchapter
60.402
Definitions
60.403
Contracts: Purchases
60.404
Competitive Bidding Requirements
60.405
Proposal Procedures
60.406
Competitive Bidding and Proposal Procedures Required for Certain Contracts
60.407
Opening Sealed Proposals and Bids
60.408
Contract Award
60.409
Pricing Method
60.410
Changes in Plans and Specifications
60.411
Bond Requirements
60.412
Exemptions
60.413
Criminal Penalty
60.414
Application of Other Law
60.451
Definitions
60.452
Applicability of Subchapter
60.453
Authority to Adopt Rules
60.454
Purchasing Contract Methods
60.455
Right to Reject All Bids
60.456
Notice Requirements
60.457
Delegation
60.458
Purchase Contract Award Criteria
60.459
Evaluation of Bids and Proposals for Construction Services
60.460
Design-build Contracts for Facilities
60.461
Contracts for Facilities: Construction Manager-agent
60.462
Contracts for Facilities: Construction Manager-at-risk
60.463
Selecting Contractor for Construction Services Through Competitive Sealed Proposals
60.464
Job Order Contracts for Facilities Construction or Repair
60.501
Safety and Security Procedures
60.502
Implied Contracts
60.551
Definitions
60.552
Authorization of Campaign
60.553
Deduction Authorized
60.554
Voluntary Participation
60.555
Designation of an Eligible Charitable Organization
60.556
Confidentiality
60.557
Revocation or Change of Authorization
60.558
Duration of Deduction
60.559
Fair and Equitable Management of Campaign
60.560
Campaign Policy and Management
60.561
Eligibility of Charitable Organizations, Federations, and Funds for Participation
60.562
Fund-raising Practices
60.563
Limitation on Use of Contributions
60.564
Misapplication of Contributions
60.0725
Nuisances
60.0726
Fires, Explosions, and Hazardous Materials Incidents
60.0775
Police Reserve Force
60.4035
Contracts: Emergency Purchases
60.4115
Notification of Safety and Environmental Record of Contractor
60.4125
Alternative Methods for Certain Purchases or Contracts

Accessed:
Mar. 16, 2024

§ 60.460’s source at texas​.gov