Alternative Project Delivery - Texas Water Development Board

Section 3
TABLE 3-1
POTENTIAL AREAS OF CONCERN
TRADITIONAL VERSUS DB/DBO APPROACH ON PUBLIC PROJECTS
CRITERIA TRADITIONAL APPROACH DB/DBO APPROACH
Legal Barriers
Contractors/Operators) should allow for
more competition.
Texas state public entities procurement
law provides a well-recognized,
historically based framework for the
traditional approach.
1 Please see “Legal Review of Alternative Delivery Methods”, March 2001.
2
More detailed discussion included in "Legal Review of Alternative Delivery Methods," March 2001.
Responsibilities
making smaller pool for Owner to choose
from. Smaller pool could make for less
competition.
Advantage to Owner could be pairing of
experienced designer and Contractor and
ability to eliminate bad teams during
selective procurement process.
Texas state law requires submission of
complete water plans prior to regulatory
approval.
According to Texas state public entities
procurement law, public entities must use
the traditional design-bid-build process to
obtain water/wastewater infrastructure. 2
Even under the alternative delivery approach, some responsibilities and risks can not
be transferred to a third party.
Generally, the Owner is responsible to maintain project ownership and responsibility
for the following:
• Overall project management;
• Establish conditions for environmental permitting and mitigation;
• Public health protection and regulatory responsibilities;
• Define water quality objectives;
• Permit ownership (except BOOT); and
• Project financing (except BOOT).
Thus, when undertaking an alternative delivery approach the above responsibilities
must be acknowledge and effectively addressed to ensure project success.
3-6 Texas Water Development Board B1381-Sect3