Alternative Project Delivery - Texas Water Development Board

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Wastewater Legal Review of Alternative Delivery Methods State law also requires the TNRCC to review and approve plans and specifications for wastewater infrastructure. xlv The plans must be submitted before beginning construction of a wastewater treatment facility or a material alteration of a treatment facility. xlvi Selected entities are not required to submit plans, such as municipalities with their own engineering staffs or entities that are required by law to submit their plans to a local municipality for approval. TNRCC rules relating to approval of wastewater infrastructure plans are codified at 30 Texas Administrative Code Sections 317.1-15. Bonds State law also requires TNRCC approval of a water district’s proposal to issue bonds to purchase or construct water/wastewater infrastructure. xlvii TNRCC rules implementing this requirement are codified at 30 Texas Administrative Code Sections 293.41-59. The process includes a review and approval of the completed water/wastewater infrastructure plans and specifications. xlviii V. Organizational Flexibility and Impact on Procurement Process State law provides public entities some flexibility to use different agencies to accomplish their purposes and the types of agencies used could affect the procurement processes that are available. Although the law under which the entity is established may not require the design-bid-build procurement process, other applicable state laws may impose the procurement process required by the entity creating the non-public entity. The following agencies organized or established by public entities can acquire water/wastewater infrastructure projects: 1. Non-profit water supply corporations. a. Cities and districts may contract with these non-profit corporations for the purpose of acquiring water/wastewater infrastructure. xlix b. Corporations created under chapter 67 of the Water Code and prior laws. Some, but not all, laws relating to public entities apply to these corporations. c. State procurement laws do not apply, but corporation’s by-laws may specify procurement process. 2. Industrial Development Corporation. a. The Development Corporation Act l authorizes cities and counties to create or establish several different types of non-profit corporations. b. Depending upon circumstances specified by law, industrial development corporations may acquire or construct “projects” which is a term defined to include water/wastewater infrastructure projects. li Legal Review R. W. Beck 7
Legal Review of Alternative Delivery Methods c. Procurement statutes requiring competitive bids not applicable. lii 3. Public Facility Corporation. a. Non-profit corporation created by city, county or water district under chapter 303 of the Local Government Code. b. Procurement laws for public entities do not apply. liii 4. Public Utility Agency. a. Agency created by two or more public entities under chapter 422 of the Local Government Code. b. Procurement laws for public entities apply. 5. Municipal Management Districts. a. Public entity created under chapter 375 of the Local Government Code. b. Procurement laws for public entities do apply. liv 6. Municipal Development District. a. Public entity created under chapter 377 of the Local Government Code. b. Procurement laws for public entities do not apply. lv 7. Defense Base Development Authorities. a. Public entity created under chapter 378 of the Local Government Code. b. Procurement laws for public entities do not apply. lvi 8. County Development Districts. a. Public entity created under chapter 383 of the Local Government Corporation. b. Procurement laws for public entities do apply. lvii 9. Local Government Corporations. a. Established by two or more cities under subchapter D, chapter 431 of the Transportation Code to aid and act on their behalf. b. Local Government Corporations may contract with municipalities to provide services which in turn would give them power to acquire water/wastewater infrastructure. c. Not required to use competitive bidding process. lviii VI. School Districts School districts have been allowed to use design/build and other alternative procurement methods since 1995. According to one author, “some districts embraced the new rules and responsibly procured construction. Some districts embraced, then abused, the new processes, using them to award brother-in-law deals, but the author did not cite to specific examples. lix 8 Texas Water Development Board Legal Review
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Alternative Project Delivery Texas
Page 3 and 4:
Table of Contents VI. School Distri
Page 5 and 6:
Executive Summary statutory/regulat
Page 7 and 8:
Table of Contents Areas of Concern.
Page 9 and 10:
Section 1 INTRODUCTION Introduction
Page 11 and 12:
Implementation of Stricter Regulati
Page 13 and 14: Introduction TABLE 1-1 GLOBAL WATER
Page 15 and 16: Introduction These large private fi
Page 17 and 18: Section 2 DESCRIPTION OF PROJECT DE
Page 19 and 20: Traditional Design-Bid-Build (“DB
Page 21 and 22: Description of Project Delivery Met
Page 27 and 28: Engineer-Procure-Construct (“EPC
Page 37: Description of Project Delivery Met
Page 40 and 41: PUBLIC/PRIVATE PARTNERSHIPS TRADITI
Page 42 and 43: Section 3 One of the critical areas
Page 44 and 45: Section 3 Figure 3-2 DB or DBO Appr
Page 46 and 47: Section 3 TABLE 3-1 POTENTIAL AREAS
Page 48 and 49: Section 4 • The company, BexarMet
Page 50 and 51: Section 4 receive an up-front conce
Page 52 and 53: Section 4 • Rate stabilization
Page 54 and 55: Section 4 Pursuant to stringent tim
Page 56 and 57: Appendix A GLOSSARY - B - BOOT: Bui
Page 58 and 59: LEGAL REVIEW OF ALTERNATIVE DELIVER
Page 60 and 61: Legal Review of Alternative Deliver
Page 68 and 69: San Antonio Water System Legal Revi
Page 74 and 75: Neil Callahan - National Director f
Page 76 and 77: Comparison Of Traditional Vs. Alter
Page 78 and 79: Comparison Table Comparison Of Trad
Page 80 and 81: Areas of Concern Potential Areas Of
Page 82 and 83: ISSUES CHECKLIST Introduction The d
Page 84 and 85: Issues Checklist • Public input o
Page 86 and 87: Design-Build-Operate (DBO) Issues C
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Alternative Project Delivery - Texas Water Development Board

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