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Texas Transportation Code

§ 223.012 — CONTRACTOR PERFORMANCE

TN § 223.012Title 6. ROADWAYS · Part B. STATE HIGHWAY SYSTEM · Ch. 223. BIDS AND CONTRACTS FOR HIGHWAY PROJECTS · Art. A. COMPETITIVE BIDS

Statute text

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(a)The commission shall adopt rules to:
(1)establish a range of contract remedies to be included in all low-bid highway improvement contracts, including enforceable corrective action plans and criteria for prohibiting contractors with significant project completion delays from bidding on new projects, and develop a process and criteria for when to apply each contract remedy;
(2)develop and implement a schedule for liquidated damages that accurately reflects the costs associated with project completion delays, including administrative and travel delays; and
(3)develop a contractor performance evaluation process and an evaluation tool that:
(A)allows for the review of contractor bidding capacity to ensure that contractors meet each quality, safety, and timeliness standard established by the commission; and
(B)contains criteria for modifying a contractor's bidding capacity for competitively bid highway improvement contracts when appropriate.

Legislative history

Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 23, eff. September 1, 2017.