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C. Project Development 1. Professional services procurement for preliminary engineering. The department has rules in place that incorporate the two-step,
qualifications-based selection process for professional service providers of
architectural, engineering or surveying services as required by the Professional
Services Procurement Act. The evolution of these rules and department procedures
has been highly interactive with the industry. In September 1997, the department
established minimum qualifications that have been incorporated in a database
that
tracks firms precertified in many different categories of expertise typically
used by the department. The database is utilized to determine qualified
professional services for advertised department work. The purpose of this
precertification process is to minimize routine data that was previously
required to be submitted by firms each time they submitted a proposal. This not
only costs the firms time and money but also requires large amounts of
departmental time to review the proposals. The current rules and procedures are
again under review by TxDOT and industry. Proposals are planned for calendar
year 1998 to further modify the process--with a two to four month selection time
as the goal. Currently, eight to ten months are typically necessary to complete
the selection process. Changes will be presented to the Transportation
Commission in the coming months and a proposal will be open for public comment
before formal adoption. The department is committed to a qualifications-based
selection process and negotiating a fair and reasonable price. The department is
also committed to a process that is open. The department currently does business
with over four hundred different firms as either prime or sub-providers of
professional services. Status: Current rules and procedures are under review by TxDOT staff and
industry. Proposals are currently being initiated to speed up the consultant
selection process. 2. Administrative settlement in right of way acquisition. Administrative settlement is a recently instituted policy that allows for
one-time negotiation with a land owner when the department is seeking to
purchase property. It replaced a previous procedure which only provided for
eminent domain proceedings if the land holder refused the department’s one and
only purchase offer. Under an administrative settlement, if the land owner
believes that his/her property is more valuable than what the department has
offered, the owner may submit a documented counter-offer to the department. In
turn, the department may accept that purchase price. If the department does not
believe that the proposed purchase price is appropriate, then it must opt for
eminent domain. Since implemented in November 1, 1996 and through July 9, 1998, a total of 571
requests for administrative settlement were received. Of those received, 319
have been granted which otherwise would have gone to condemnation under former
procedures. In Fiscal Year 1996 the condemnation rate statewide was 25 percent.
In FY 1997 it was reduced to 15 percent. In FY 1998 it was further reduced to
13.5 percent. A single parcel on a project that goes through the eminent domain process could
take from six weeks to three months longer to acquire than if the sale was
negotiated. Over the life of a project, the number of parcels requiring eminent
domain could significantly delay the construction of a facility. The
administrative settlement procedure is a proven way to reduce acquisition time.
Any procedure that decreases acquisition time results in significant savings of
time and money over the life of a project. The administrative settlement
procedure has proven to be a successful tool in significantly reducing the
number of parcels which must be acquired through the judicial process. Status: Implemented. |
