BUSINESS AND OPERATIONS:
CONSTRUCTION USING [LAW]
DESIGN-BUILD CONTRACTS
The
following provisions apply only to a charter holder that has amended its
charter to adopt
The
school may award a contract for the construction, repair, or renovation, of a
structure, road, highway, or other improvement or addition to real property by
using a design-build contract.
1. Definition
In this policy:
A. “Design-build
contract” means a single contract with a design-build firm for the design and
construction of a facility;
B. “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
C. “Design
criteria package” means a set of documents that provides sufficient information
to permit a design-build firm to prepare a response to the school’s request for
qualifications and any additional information requested, including criteria for
selection. The design criteria package
must specify criteria the school 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, special equipment
requirements, cost or budget estimates, time schedules, quality assurance and
quality control requirements, site development requirements, applicable codes
and ordinances, provision for utilities, parking requirements, or any other
requirement, as applicable.
2. Use
of Design-Build
The school may use a design-build
contract as a method of entering into a contract for construction if it has
determined that a design-build contract provides the best value for the school.
3. Delegation
of Authority
The school
board may not delegate to others the authority to:
A. Select
the construction delivery method that provides the best value; or
B. Adopt
special rules and procedures for the selection process.
The board may choose to delegate its authority
regarding an action required under Texas Education Code Chapter 44, subchapter
B, to a designated person, representative, or committee. In procuring construction services, the school
shall provide notice of the delegation and the limits of the delegation in the
request for bids. If the school fails to
timely provide notice of the delegation, a ranking, selection, or evaluation of
bids, proposals, or qualifications for construction services other than by the board
is advisory only.
4. Notice of Bids and Selection
Criteria
A. Notice of the
time by when and place where the bids will be received and opened shall be published
in the county in which the school’s central administrative office is located,
once a week for at least two (2) weeks before the deadline for receiving bids. If there is not a newspaper in that county,
the advertising shall be published in a newspaper in the county nearest the
county seat of the county in which the school’s central administrative office
is located. In a two-step procurement
process, the time and place where the second-step bids will be received are not
required to be published separately.
B. In the
published request for bids the school will identify the criteria that will be
used to evaluate the offerors and the relative weights given to the criteria.
5. Designation of Engineer
The school
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 school’s engineer or architect is not
a full-time employee of the school, any engineer or architect designated shall
be selected on the basis of demonstrated competence and qualifications in
accordance with § 2254.004, Tex. Gov’t Code. [See Business and Operations: Professional
Services Policies].
6. Request for Qualifications
The school
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 school 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 with the
meaning of the Texas Engineering Practice Act (Article 3271a, Vernon’s Texas
Civil Statutes) or the practice of architecture within the meaning of Chapter
478, Acts of the 45th Legislature, Regular Session, 1937 (Article 249a, Vernon’s
Texas Civil Statutes), those services shall be provided in accordance with the
applicable law.
7. Selection Process
The school
shall evaluate statements of qualifications and select a design-build firm in
two phases:
A. Phase One
In phase one, the school 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 school 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 § 2254.004,
Tex. Gov’t Code. The school shall
qualify a maximum of five (5) offerors to submit additional information, and,
if the school chooses, to interview for final selection.
B. Phase Two
In phase two, the school 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 school 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 school may not require offerors to submit
detailed engineering or architectural designs as part of the proposal. The school shall rank each proposal submitted
on the basis of the criteria set forth in the request for qualifications. The school shall select the design-build firm
that submits the proposal offering the best value for the school on the basis
of the published selection criteria and on its ranking evaluations. The school shall first attempt to negotiate
with the selected offeror a contract. If
the school is unable to negotiate a satisfactory contract with the selected
offeror, the school 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.
8. Submission of Design Elements
Following
selection of a design-build firm, the firm’s engineers or architects shall
complete the design, submitting all design elements for review and
determination of scope compliance to the school or the school’s engineer or
architect before or concurrently with construction.
9. Professional Standards
An engineer shall have responsibility for compliance
with the engineering design requirements and all other applicable requirements
of the Texas Engineering Practice Act (Article 3271a,
10. Inspection and Testing
The school 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 school.
The school shall select those services for which it contracts in
accordance with § 2254.004, Tex. Gov’t Code. [See
Business and Operations: Professional Services Policies].
11. Delivery of Construction Documents
The
design-build firm shall supply a signed and sealed set of construction
documents for the project to the school at the conclusion of construction.
12. Bonds
A payment or performance bond is not required for, and
may not provide coverage for, the portion of a design-build contract under this
policy 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 school 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 school to ensure that the
design-build firm will furnish the required performance and payment bonds when
a guaranteed maximum price is established.
13. Making Evaluations Public
The school shall document the basis of its selection
and shall make the evaluations public not later than the seventh day after the
date the contract is awarded.