IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Ark-Tex Council of Governments Request for Proposal, Titles IIA, IIC, III and Older Individual Program (OIP) The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for the provision of training under Titles IIA, IIC, III and OIP of the Job Training Partnership Act (JTPA). For the Title IIA, IIC, III and OIP Request for Proposal (RFP), allowable training activities may include: 1) assessment and classroom/skills training (under Titles IIA, IIC, III and OIP); 2) job search assistance (under Title III and OIP); and out-of-school youth programs (under Title IIC). ATCOG reserves the right to exercise the option to extend services and/or extend the period of the contracts up to one year for activities funded by Titles IIA, IIC, III and OIP. The period of performance is July 1, 1998 - June 30, 2000. The deadline for proposal submission is 5:00 p.m., March 20, 1998. Training must be provided by Texas Education Agency/Texas Higher Education Coordinating Board approved institutions that are either 1) accredited independent school districts, community colleges or post-secondary institutions, institutions of higher education, 2) private businesses, trade, technical or vocational schools certified by TEA, 3) the Texas State Technical College, or 4) education service centers. Proposals shall be evaluated in terms of the following criteria: project implementation, cost of service and training staff/individuals served, project management, past performance, and other resources. The Ark-Tex Private Industry Council will score the proposals and make the selections. Respondents will be notified in writing of the date, time, and place of the meeting at which the proposals will be scored. The service area includes the following counties in Texas: Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, and Titus. In order to ensure that all respondents are provided sufficient assistance in completing proposals, a respondent's conference will be held at the Ark-Tex Council of Governments Conference Room, 122 Plaza West, Texarkana, Texas on Wednesday, January 28, 1998, at 1:30 p.m. Potential respondents may obtain a copy of the RFP, Scoring Guidelines and Procedures, and Project Scoring Criteria by contacting Genevieve Burtchell or Cindy Wright, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, TX 75505, or call (903) 832-8636. TRD-9800197 Brenda Davis Director of Finance and Administration Ark-Tex Council of Governments Filed: January 7, 1998 Request for Proposal, Title IIB The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for the provision of training under Title IIB of the Job Training Partnership Act (JTPA). For the Title IIB Request for Proposal (RFP), allowable training activities may include, but are not limited to: Texas Academic Skills Program (TASP) and Texas Assessment of Academic Skills (TAAS) preparation; computer assisted instruction, basic education skills remediation; and/or English as a Second Language. The period of performance is June 1, 1998 - September 30, 1998. The deadline for proposal submission is 5:00 p.m., February 27, 1998. Training must be provided by Texas Education Agency/Texas Higher Education Coordinating Board approved institutions that are either 1) accredited independent school districts, community colleges or post-secondary institutions, institutions of higher education, 2) private businesses, trade, technical or vocational schools certified by TEA, 3) the Texas State Technical College, or 4) education service centers. Proposals shall be evaluated in terms of the following criteria: project implementation, cost of service and training staff/individuals served, project management, past performance, and other resources. The Ark-Tex Private Industry Council will score the proposals and make the selections. Respondents will be notified in writing of the date, time, and place of the meeting at which the proposals will be scored. The service area includes the following counties in Texas: Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, and Titus. In order to ensure that all respondents are provided sufficient assistance in completing proposals, a respondent's conference will be held at the Ark-Tex Council of Governments Conference Room, 122 Plaza West, Texarkana, Texas on Wednesday, January 28, 1998, at 10:30 a.m. Potential respondents may obtain a copy of the RFP, Scoring Guidelines and Procedures, and Project Scoring Criteria by contacting Genevieve Burtchell or Cindy Wright, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, TX 75505, or call (903) 832-8636. TRD-9800419 Brenda Davis Director of Finance and Administration Ark-Tex Council of Governments Filed: January 7, 1998 Brazos Valley Council of Governments Request for Proposal-Brazos Valley Workforce Development Board The Brazos Valley Workforce Development Board (BVWDB) has directed the Brazos Valley Council of Governments (Council), Grant Recipient/Fiscal Agent and Administrative Entity for the Board, to secure the services of an administrative attorney to facilitate the negotiations between the BVWDB/Council and the Texas Workforce Commission. The Council announces the issuance of this Request for Proposal (RFP). Prospective bidders may secure the RFP by submitting a written request for the complete RFP and approved Strategic/Operational plan of the BVWDB. Written requests must be submitted by, January 28, 1998 at 4:00 p.m. Central Zone Time to the following address: Tom Wilkinson, Brazos Valley Council of Governments, P.O. Box 4128, Bryan, Texas 77805-4128, or Fax RFP requests to Mr. Wilkinson's attention at (409) 775-3466. Closing Date: Responses to the RFP must be received by February 5, 1998, 4:00 p.m. Central Zone Time. Proposals received after that time will not be considered responsive to the procurement process. Faxed proposals will not be considered responsive to the RFP process. Award process: Proposals will be evaluated by the following criteria: 1) demonstrated ability/effectiveness as negotiator with State agencies, 2) Texas Board of Legal Specialization certified, 3) ability to represent approved BVWDB Strategic/Operational plan with State agency. The Council will make recommendations to the BVWDB and CEOs of our region of their approval during the February Board meeting. Anticipated implementation of this contract will be in early 1998. Negotiations between the Council and the Texas Workforce Commission will begin subsequent to the RFP process for the operations of the Brazos Valley Workforce Center. The BVWDB reserves the right to accept or reject any or all of the proposals submitted. The BVWDB is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Neither this notice not the RFP commits the BVWDB to pay for any cost incurred prior to the execution of a contract. Issued in Austin, Texas, on January 5, 1998. TRD-9800082 Tom Wilkinson Executive Director, BVCOG Brazos Council of Governments Filed: January 5, 1998 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003, 1D.005 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003, 1D.005, and 1D.009, Vernon's Texas Civil Statutes). The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 01/05/98 - 01/11/98 is 18% for Consumer1/Agricultural/Commercial2/credit thru $250,000. The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 01/05/98 - 01/11/98 is 18% for Commercial over $250,000. [sup] 3 for the period of 11/01/97 - 11/30/97 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000. The monthly ceiling as prescribed by Art. 1D.005 and 1D.009 for the period of 01/01/98 - 01/31/98 is 18% for Commercial over $250,000. [sup]1Credit for personal, family or household use. [sup]2Credit for business, commercial, investment or other similar purpose. [sup]3For variable rate commercial transactions only. Issued in Austin, Texas, on December 30, 1997. TRD-9800052 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: January 5, 1998 Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069- 1D.003 and 1D.009, Vernon's Texas Civil Statutes). The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 01/12/98 - 01/18/98 is 18% for Consumer1/Agricultural/Commercial2/credit thru $250,000. The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 01/12/98 - 01/18/98 is 18% for Commercial over $250,000. [sup]1Credit for personal, family or household use. [sup]2Credit for business, commercial, investment or other similar purpose. Issued in Austin, Texas, on January 6, 1998. TRD-9800105 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: January 6, 1998 Texas Credit Union Department Notification of Use of an Assumed Name Notice is given of the use of the following assumed name: Anheuser-Busch Employees' Credit Union, with locations in Dallas and Houston, Texas, is proposing to also use the assumed name of Earthgrains Credit Union. Comments by any interested party relating to this notification must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider. Comments should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. Issued in Austin, Texas, on January 7, 1998. TRD-9800203 Harold E. Feeney Commissioner Texas Credit Union Department Filed: January 7, 1998 Texas Education Agency Request for Proposal Concerning Services to Assist in the Evaluation of Instructional materials Submitted Under Proclamation 1996 Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposal (RFP) #701-98-005. Eligible proposers include nonprofit organizations, institutions of higher education, private companies, individuals, and regional education service centers. Organizations or individuals currently associated professionally with textbook publishers intending to participate in the adoption of materials submitted under Proclamation 1996 are not eligible. Historically underutilized businesses (HUBs) are encouraged to submit proposals. Description. The TEA is requesting proposals for services to assist in the evaluation of instructional materials submitted under Proclamation 1996. Texas Education Code, Chapter 31, requires that the State Board of Education (SBOE) adopt lists of conforming and nonconforming textbooks in the foundation and enrichment curriculum that meet the essential knowledge and skills. In addition, adopted textbooks must meet manufacturing specifications and must be free of errors at the time the contracts with publishers are executed. Evaluation of instructional materials submitted under Proclamation 1996 will be conducted by state textbook review panels, to be appointed by the commissioner of education. State textbook review panel members will make recommendations for the conforming and nonconforming lists to the commissioner of education based on their evaluations of assigned textbooks. The commissioner of education makes recommendations to the SBOE, who adopts the textbooks. Services conducted by a contractor will include: (1) coordinating and tracking the completion of state textbook review panel member assignments for evaluation; (2) compiling and analyzing the evaluation instruments submitted by state textbook review panel members to determine which essential knowledge and skills are considered addressed; (3) producing reports of conforming, nonconforming, and rejected textbooks based on state textbook review panel members' review; (4) compiling information related to identification of errors and recommended corrections; (5) producing reports on required corrections; and (6) participating in meetings with TEA staff, state textbook review panel members, publishers, and the SBOE, as needed. Dates of Project. All services and activities related to this proposal will be conducted within specified dates. Proposers should plan for a starting date of no earlier than April 1, 1998, and an ending date of no later than November 30, 1998. Project Amount. One contractor will be selected. It is anticipated that this project will cost no more than $40,000 during the contract period. Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in the RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer. The TEA reserves the right to select from the highest ranking proposals those that best address all requirements in the RFP. The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response. Requesting the Proposal. A complete copy of RFP #701-98-005 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFP number in your request. Further Information. For clarifying information about the RFP, contact Dr. Robert H. Leos, Senior Director, Division of Textbook Administration, Texas Education Agency, (512) 463-9601. Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Friday, February 27, 1998, to be considered. Issued in Austin, Texas, on January 7, 1998. TRD-9800213 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: January 7, 1998 Request for Qualifications for Selection of Professional Geotechnical Engineering & Testing Services for Indefinite Quantity (IDQ) Contracts The General Services Commission (GSC), Facilities Construction Division (FCSMD), P.O. Box 13047, Austin, Texas 78711-3047, hereby issues this request for statement of interest and qualifications (RFQ) for the purpose of selecting one or more geotechnical engineering firms to provide professional services. The contract(s) will provide professional geotechnical engineering services to the General Services Commission, Facilities Construction and Space Management Division, for state-owned land, facilities and buildings in the greater Austin area. Some travel to other regions throughout the State of Texas may be required. Statement of interest and qualifications must be submitted and time stamped at the General Services Commission, 1711 San Jacinto Street, Central Services Building, Room 180 (Bid Tabulation Room), Austin, Texas 78701, on or before 3:00 p.m., Tuesday, January 27, 1998. Five copies of the statement of interest and qualifications are required. Copies of the full RFQ are available by calling Stacy Hatch, assistant to the Director of FCSM at (512) 463-3417. Selection of geotechnical engineering firms will be in accordance with state procedures and GSC rules. Issued in Austin, Texas, on January 8, 1998. TRD-9800109 Cynthia J. Hill Legal Counsel General Services Commission Filed: January 6, 1998 General Services Commission Notice of Award of Consultant Contract In accordance with Chapter 2254, Subchapter B of the Texas Government Code, the General Services Commission (the "GSC") publishes this Notice of a Consultant Contract Award. The notice of Request for Offer (the "RFO") from private consultants appeared in the November 14, 1997, issue of the Texas Register (22 TexReg 11135). The consultant shall assist the GSC in conducting a feasibility study of statewide electronic commerce under the direction of the GSC Contract Manager for the contract. The consultant selected to perform this service is Phoenix Planning & Evaluation, Ltd., 3204 Tower Oaks Boulevard, Rockville, Maryland 20852. The contract period to be performed will begin from December 30, 1997 through May 15, 1998. Due date for the feasibility study is May 15, 1998. The consultant's fee for this contract is not to exceed $278,650.00. Any questions necessary to clarify this notice must be submitted to Jamie Spiegel, contract administrator, at 512-463-3567 or e-mail at jamie.spiegel@gsc.state.tx.us. Issued in Austin, Texas, on December 31, 1997. TRD-9717326 Judy Ponder General Counsel General Services Commission Filed: December 31, 1997 Texas Department of Health Corrections of Error The Texas Department of Health proposed new 25 TAC sec.289.227. The rule appeared in the December 5, 1997, issue of the Texas Register, (22 TexReg 11957). On page 11961, sec.289.227(d)(124)(C), subparagraphs (C) and (D) were published together as one subparagraph. Section 289.227(d)(124)(C) and (D) should have been published as separate subparagraphs. Health and Human Service Commission Public Hearing The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amended the Title XIX Medical Assistance Plan by Transmittal Number 97-14, Amendment Number 538. The amendment provides Medicaid coverage from the SSI "gas month". The amendment is effective July 1, 1998. If additional information is needed, please contact Judy Coker, Texas Department of Human Services, (512) 438-3227. Issued in Austin, Texas, on January 2, 1998. TRD-9800131 Maria S. Henderson Executive Deputy Commissioner Health and Human Services Commission Filed: January 6, 1998 Texas Department of Housing and Community Affairs Announcement of Public Comment Period and Public Hearings Schedule for the 1998 State Low Income Housing Plan and Annual Report - Draft For Public Comment The Texas Department of Housing and Community Affairs (TDHCA) announces the opening of the public comment period concerning the 1998 State Low Income Housing Plan and Annual Report Draft for Public Comment (The Plan). This 31-day comment period begins January 26th, 1998, and ends February 25th, 1998. The Plan is submitted in compliance with Sections 2306.0721-2306.0723, of the Texas Government Code. The Plan is one of three comprehensive planning documents the Texas Department of Housing and Community Affairs is required to submit annually. It is the first document of its kind among the states and is a comprehensive and integrated plan concerning statewide housing needs, housing resources and patterns of funding allocation. The Plan serves in the following capacities: provides an overview of statewide housing needs; reports on the approximately 25 programs administered by TDHCA; provides the TDHCA's housing programs funding levels; and reports on the Department's activities during the preceding year. The 1998 State Low Income Housing Plan and Annual Report Draft for Public Comment will be available for distribution to the public on January 26th, 1998. The Plan is free to nonprofit corporations, but there will be a $10.00 charge for for-profit corporations. To order, please contact the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin TX, 78711-3941, Phone: (512) 475-4595, Fax: (512) 475-3746, or email at clandry@genesis.tdhca.state.tx.us. Public hearings concerning the 1998 State Low Income Housing Plan and Annual Report Draft for Public Comment will take place at the following times and locations: LUBBOCK, February 9, 1998, 2:00 p.m., South Plains Association of Governments, 1323 58th Street, 806/762-8721; FORT WORTH, February 10th, 1998, 2:00 p.m., Fort Worth City Council Chambers, 3rd Floor, NW end of the building, 1000 Throckmorton Street, 817/871-6111; EL PASO, February 11th, 1998, 6:30 p.m., El Paso City Council Chambers, 2 Civic Center Plaza, 915/541-4001; HOUSTON, February 14, 1998, 11:00 a.m., Old Houston City Council Chambers, 901 Bagby, 713/247-2200; HARLINGEN, February 17, 1998, 6:30 p.m., Harlingen Public Library, 410 76th Drive, 956/427-8841; SAN ANTONIO, February 18th, 1998, San Antonio City Council Chambers, 114 West Commerce, 210/207-7197; AUSTIN, February 20th, 1998, 2:00 p.m., Texas Department of Housing and Community Affairs, 4th Floor conference room, 507 Sabine, 512/475-4595. Individuals who require auxiliary aids or services should contact Margaret Donaldson, ADA Responsible Employee, at (512) 475-3100, or Relay Texas at 1-800- 735-2989, at least two days before the public hearing so that appropriate arrangements can be made. Written comment is encouraged and should be sent to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin TX 78711-3941 or email at clandry@genesis.tdhca.state.tx.us. For more information, please contact the Housing Resource Center at (512) 475-4595. Issued in Austin, Texas, on January 7, 1998. TRD-9800207 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: January 7, 1998 Notice of Administrative Hearing (MHD1997001987D, MHD1997002114D and MHD1997002181D) Texas Department of Housing and Community Affairs Manufactured Housing Division Thursday, January 22, 1998, 3:00 p.m. State Office of Administrative Hearing, Stephen F. Austin Building, 1700 North Congress, 11th Floor, Suite 1100 Austin, Texas AGENDA Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. J.Y. Service, Inc. dba J.Y. Mobile Home Sales and Service to hear alleged violations of the Act, sec.sec.4(f), 7(d) and 17(b) and Rules sec.sec.80.51, 80.121(a)(b)(c), 80.125(e), 80.131(b) and 80.132(6) regarding obtaining, maintaining or possessing a valid installer's license; not properly installing two manufactured homes; and not responding with corrective action on the two homes in a timely manner. SOAH 332-97-2278. Department MHD1997001987D, MHD1997002114D and MHD1997002181D. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on January 7, 1998. TRD-9800219 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: January 7, 1998 Texas Department of Housing and Community Affairs Public Hearing for the Weatherization Assistance Program for Low-Income Persons 1998 State Plan The Texas Department of Housing and Community Affairs (TDHCA) announces that a public hearing will be held to receive comments on the proposed 1998 program year state plan for the Texas Weatherization Assistance Program for Low-Income Persons. The public hearing will be held at 10:30 a.m. on Tuesday, February 3, 1998 in Room 118 of the Stephen F. Austin Building, 1700 North Congress, Austin, Texas. At the hearing, a representative from TDHCA will provide descriptions of the Weatherization Assistance Program and the proposed use of the United States Department of Energy funds for the program year which begins April 1, 1998. Local officials and citizens are encouraged to participate in the hearing process. Written and oral comments received will be used to finalize the FFY '98 Texas Weatherization Assistance Program State Plan and Application. Written comments from those who cannot attend the hearing in person may be provided by the close of business at 5:00 p.m. on February 6, 1998 to Ms. Nieves Lopez, Senior Planner, Energy Assistance Section, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941. A copy of the proposed state plan may be requested by calling Mr. J. Al Almaguer at (512) 475- 3866 or by writing Mr. Almaguer at the TDHCA address given above. Plans will be available January 21, 1998. Individuals who require auxiliary aids or services for this meeting should contact Ms. Margaret Donaldson, ADA responsible employee, at (512) 475-3100 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made. Issued in Austin, Texas, on January 6, 1998. TRD-9700133 Larry Paul Manely Executive Director Texas Department of Housing and Community Affairs Filed: January 6, 1998 Texas Department of Human Services Correction of Errors The Texas Department of Human Services proposed amendments to 40 TAC sec.700.701 and sec.700.705. The rules appeared in the December 19, 1997, issue of the Texas Register, (22 TexReg 12453). On page 12454, sec.700.701(a) should include underlining for new material as follows: "(a) Definition. The Texas Department of Protective and Regulatory Services' (TDPRS's) Child Protective Services (CPS) [for families and Children (PSFC)] department provides family-preservation and family-reunification services for [operates a program of services to] families. These [The program consists of] services are provided to families and children in their own homes to:" On page 12454, sec.700.705(a) should include strikeout for deleted material as follows: "(a) Initial time frame. Within 45 days after the case is opened for family- preservation services or family-reunification services, as defined in sec.700.702 and sec.700.704 of this title (relating to Family Preservation Services and Family Reunification Services), [deciding to provide family preservation services or intensive family-preservation services as defined in sec.700.702(a) and sec.700.703(a) of this title (relating to Family Preservation Services and Intensive Family-Preservation Services),] the Texas Department of Protective and Regulatory Services' (TDPRS's) Child Protective Services (CPS) [for Families and Children (PSFC)] department must establish a detailed written plan of services for the family. A new or revised family service plan is developed at least every six months. The requirements for family plans of service and service plan reviews for families receiving services when TDPRS has conservatorship of a child in substitute care are specified in sec.700.1332 and sec.700.1333 of this title (relating to the Family's Service Plan and Case Plan Review). The Texas Department of Health proposed amendments to 40 TAC sec.720.305 and sec.720.326. The rules appeared in the December 19, 1997, issue of the Texas Register, (22 TexReg 12461). On page 12462, sec.720.326(a) contained a translation error and should read as follows: "(a) The staff of the foster group home must [shall] allow privacy for each child. Children's mail (including electronic mail), incoming and outgoing, must not be opened or read and children's telephone calls, incoming and outgoing, must not be monitored by foster parents unless the need for such restrictions determined by a psychiatrist, licensed psychologist, or master's level social worker. Reasons for any restrictions on mail or telephone calls and the mail or calls so restricted must be documented in the child's record. If restrictions continue longer than one month, a psychiatrist, licensed psychologist, or master's level social worker must re-evaluate the restrictions at least monthly. Reasons for the continued restriction must be explained to the child and documented in the child's record. The Texas Department of Health proposed amendments to 40 TAC sec.720.26, and sec.720.65. The rules appeared in the December 19, 1997, issue of the Texas Register, (22 TexReg 12457). On page 12458, sec.720.26(c)(1)(C) contained a translation error and should read as follows: "(C) submit the financial report to TDPRS within 60 days of the end of the agency's fiscal year." Texas Department of Human Services Public Hearing-Deletion of Religious Exemption for Finger Imaging The Texas Department of Human Services (TDHS) will conduct a public hearing to receive comments on the department's proposed deletion of a religious exemption from the requirement to be finger imaged. The public hearing will be held on Monday, February 2, 1998 at 9:00 a.m. in the Public Hearing Room of the John H. Winters Center (701 West 51st Street, Austin, Texas, First Floor, East Tower, Room 125). Contact person: Please contact Kevin Brown, M/C W-312, P.O. Box 149030, Austin, Texas 78714-9030, (512) 438-3084. Persons with disabilities planning to attend this hearing who may need auxiliary aids or services are asked to contact Kevin Brown, (512) 438-3084 by January 26, 1998 so that appropriate arrangements can be made. Issued in Austin, Texas, on January 7, 1998. TRD-9800201 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Filed: January 7, 1998 Texas Department Of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for a Certificate of Authority in the State of Texas for OBAIT, a foreign Multiple Employer Welfare Arrangement. The home office is located in Oklahoma City, Oklahoma. Application to change the name of THE MERCANTILE AND GENERAL REINSURANCE COMPANY LIMITED to SWISS RE LIFE & HEALTH LIMITED, a foreign life company. The home office is located in Lansing, Michigan. Application to change the name of FHP LIFE INSURANCE COMPANY to PACIFICARE LIFE ASSURANCE COMPANY, a foreign life company. The home office is located in Costa Mesa, California. Application to change the name of FINANCIAL SECURITY ASSURANCE OF MARYLAND, INC. to AMERICAN CAPITAL ACCESS ASSURANCE CORPORATION, a foreign property and casualty company. The home office is located in Baltimore, Maryland. Application to change the name of INTEGON LIFE INSURANCE CORPORATION to SECURITY LIFE AND TRUST INSURANCE COMPANY, a domestic life company. The home office is located in Dallas, Texas. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. Issued in Austin, Texas, on January 5, 1998. TRD-9800059 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: January 5, 1998 Notice The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Horace Mann Insurance Company proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEXAS INSURANCE CODE ANNOTATED article 5.101, sec.3(g). They are proposing rates ranging from benchmark to 79% above the benchmark by coverage and territory for all classifications for private passenger automobile insurance. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, sec.3(h), is made with the Chief Actuary for P & C, Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. Issued in Austin, Texas, on January 2, 1998. TRD-9800045 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: January 2, 1998 Notice The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Allegiance Insurance Company proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEXAS INSURANCE CODE ANNOTATED article 5.101, sec.3(g). They are proposing rates ranging from benchmark to 87.5% above the benchmark by coverage for all classifications and territories for private passenger automobile insurance. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, sec.3(h), is made with the Chief Actuary for P & C, Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. Issued in Austin, Texas, on January 2, 1998. TRD-9800044 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: January 2, 1998 Texas Department of Insurance Notice The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Greenwich Insurance Company proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, sec.3(g). They are proposing a rate of -81% below the benchmark for comprehensive and -79% below the benchmark for collision for class code 9620 only for all territories for private passenger automobile insurance. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, sec.3(h), is made with the Chief Actuary for P&C, Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. Issued in Austin, Texas, on January 6, 1998. TRD-9800164 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: January 6, 1998 Notice of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket Number 2334, on February 5, 1998, at 9:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe St. Room 100, in Austin, Texas, concerning 28 TAC sec.21.301 relating to the performance of designated statistical agents of the Texas Department of Insurance. The proposed new section and the statutory authority for the proposed sections, were published in the December 26, 1997, issue of the Texas Register (22 TexReg 12673). Issued in Austin, Texas, on January 7, 1998. TRD-9800216 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: January 7, 1998 Request for Proposals RFP for Physician Review Services in Connection with Quality of Care Examinations of Health Maintenance Organizations. The Texas Department of Insurance (the department) has issued a Request for Proposals for physician review services in connection with quality-of-care examinations of Health Maintenance Organizations (HMOs) under the Insurance Code, Articles 20A.05, 20A.12 and 20A.17. On January 9, 1998, the department issued a Request for Proposals (RFP No. 98- PHYSREV1) for the purpose of obtaining physician review services which meet the statutory and regulatory requirements of examinations of HMOs concerning the overall quality of health care services of such organizations. RFP No. 98- PHYSREV1 consists of a revised reissuance of a RFP originally issued December 1, 1997, and addresses the same subject matter. Following evaluation of response to the RFP issued December 1, 1997, the department determined it is necessary to reissue the RFP in order to obtain a pool of selected respondents sufficient in size to provide the services sought under the RFP. Authority. Article 20A.12 provides the commissioner may examine the complaint system of an HMO for compliance with the HMO Act and require corrections determined to be necessary. Article 20A.17 provides that the commissioner may examine an HMO concerning quality of health care services of any applicant for a certificate of authority or any HMO as often as necessary but not less frequently than every three years. TDI requires the assistance of a qualified party to help carry out TDI's responsibilities with respect to physician review services in connection with these examinations. The Insurance Code, Article 20A.28 provides that TDI may contract with qualified persons for provision of services described in the RFP. Project Description. The selected respondents shall provide the department with physician review services concerning the quality, availability and/or accessibility of health care services for examinations which may be (1) standard triennial in nature; (2) the result of an application for certificate of authority to do business in Texas; (3) the result of a proposed service area expansion; or (4) in response to complaints. The required services are to be provided pursuant to procedures and requirements prescribed or approved by TDI, addressing applicable provisions of the Health Maintenance Organization Act, as amended and codified as Texas Insurance Code, Article 20A.01, et seq, and the Health Care Utilization Review Agents provisions of Article 21.58A, as well as all applicable regulations to such statutes as adopted by TDI in Title 28, Chapters 11 and 19 of the Texas Administrative Code. The required services are described in the department's Request for Proposals. Contact. Persons interested in submitting a proposal in response to the department's Request for Proposals should contact Ms. Regina Durden, Assistant Director of Purchasing and Contracting, Texas Department of Insurance, P. O. Box 149104, MC 108-1B, 8th Floor, Tower 1, Hobby Building, 333 Guadalupe, Austin, TX 78714-9104, FAX No. (512) 463-6159. Closing Date. Proposals in response to the department's Request for Proposals must be received by the department no later than 3:00 p.m., January 26, 1998. Award Procedure. All proposals will be subject to evaluation by an evaluation committee based on the evaluation criteria set forth in the Request for Proposals. The department reserves the right to reject any or all proposals or offers deemed not to be in the bests interests of the department or the State of Texas. The department will not make any payments for any costs incurred by any contractor in preparing a proposal response to the Request for Proposal; such costs may not be recouped by the successful contractor under the terms of any resulting contract. Anticipated Schedule. The department anticipates selecting physicians to provide review services under contract in connection with HMO quality-of-care examinations according to the following approximate timetable: TDI Issuance of RFP: January 9, 1998 Deadline for Proposals: January 26, 1998 Contract(s) Awarded February 6, 1998 Contract(s) Executed February 16, 1998 Work Under Some Contract(s) Begins: February 23, 1998 The department reserves the right to change these dates. The department will send notices of changes to any of the previously listed items which directly impact the award process to prospective contractors which received copies of the Request for Proposals as issued on January 9, 1998 and to parties which request copies of the Request for Proposals from the department. Issued in Austin, Texas, on January 6, 1998. TRD-9800163 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: January 6, 1998 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for admission to Texas of ElderHeath, Inc., a foreign third party administrator. The home office is Wilmington, Delaware. Application for incorporation in Texas of The University of Texas Medical Branch; Correctional Managed Care, a domestic third party administrator. The home office is Galveston, Texas. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on January 5, 1998. TRD-9800046 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: January 5, 1998 Texas Low-Level Radioactive Waste Disposal Authority Request for Proposals The Texas Low-Level Radioactive Waste Authority seeks proposals in response to this Request for Proposals (RFP) from law firms interested in providing bond counsel services for a proposed bond issuance by the Authority. The legal services required include the usual and necessary services of a bond counsel in connection with issuance, sale, and delivery of bonds. The Authority was created in 1981 by the Sixty-Seventh Texas Legislature to select, construct, operate, finance, and close a facility for the disposal of low-level radioactive waste (Chapter 402, Health and Safety Code). Under Subchapter K of Chapter 402, Health and Safety Code, the Authority may issue, sell, and provide for the retirement of revenue bonds to pay the expenses of constructing a disposal site (the "Project"). On February 9, 1995, the Authority's Board of Directors (the Board) approved a resolution expressing the intent of the Authority to reimburse expenditures for the Project with the proceeds of obligations. The Authority reasonably expects to incur debt, in one or more series of obligations, in an aggregate maximum principal amount estimated to be equal to $55 million for the purpose of paying the costs of the Project. The Board intends to select bond counsel at its meeting on February 13, 1998, or at a later meeting. The following information must be provided by each proposer. Failure to include all the information required may result in disqualification of a proposal. 1. A description of the firm's qualifications for performing the legal services, including the firm's prior experience in bond issuance matters, including the names, experience, and technical expertise of the attorneys who will be assigned to work on such matters. 2. Information regarding efforts of the firm to encourage and develop the participation of minorities and women in the provision of legal services in the firm, including completion of the grid on women and minorities attached hereto. [graphic] 3. Fee information, either in the form of hourly rates for each attorney who may be assigned to perform services in relation to the Authority's bond matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls, and billable expenses. If a flat fee is proposed, the proposal should state that in no event will the fee exceed the quoted amount. 4. Disclosure of any conflict of interest, by identifying any manner in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the Authority or to the State of Texas, or any of its agencies. 5. A statement of willingness to comply with policies, directives, and guidelines of the Authority and the Attorney General of the State of Texas. The Authority retains the right to negotiate all elements of the contract for legal services. The contract for legal services may be terminated for any reason, subject to 30 days prior written notice, and upon payment of earned fees and expenses accrued as of the date of the notice of termination. The Authority may in its sole discretion reject any and all responses to this RFP or may cancel the RFP if it is deemed in the best interests of the Authority to do so. Issuance of this RFP does not constitute a commitment by the Authority to award a contract, nor to pay for any legal services incurred either in the preparation of a response to this RFP or the production of any contract for legal services. All legal expenses and fees, if any, for legal services under the terms of this engagement shall be paid only out of the costs of issuance, and are therefore contingent upon issuance of the bonds. Any proposal may be modified or withdrawn, even after received by the Authority, any time prior to the proposal due date. No material changes will be allowed after the expiration of the proposed due date; however, non substantive corrections or deletions may be made with the approval of the Authority. All proposals must be received in the offices of the Authority by no later than 1:00 p.m. on Monday, February 9, 1998. Proposals received after that time and date will not be considered. The submitted proposal must be executed by a duly authorized representative of the proposer. An unsigned proposal will be rejected. Proposers should submit one original and two copies of their proposal to: Lee H. Mathews, General Counsel Texas Low-Level Radioactive Waste Disposal Authority 7701 North Lamar, Suite 300 Austin, Texas 78752 Please mark the envelopes containing proposals with the following note in the lower left hand corner: "IN RESPONSE TO PROPOSAL REQUEST: BOND COUNSEL SERVICES" All proposals become the property of the Authority. Proposals must set forth accurate and complete information as required by this RFP. Oral instructions or offers will not be considered. The Authority has previously contracted for bond services with the law firm of Fulbright & Jaworski, L.L.P. The Authority proposes to continue those services with Fulbright & Jaworski, L.L.P., unless a better proposal is received. The Board intends to select the proposal that demonstrates the highest degree of competency and the necessary qualifications and experience in providing the requested legal services at fair and reasonable prices. The acceptance of a proposal will not be made solely on the basis of lowest cost, although cost will be an important consideration in the evaluation process. Issued in Austin, Texas, on January 6, 1998. TRD-9800165 Lee H. Mathews Deputy General Manager and General Counsel Texas Low-Level Radioactive Waste Disposal Authority Filed: January 6, 1998 Texas Natural Resource Conservation Commission Enforcement Orders A default order was entered regarding EKRUT OIL COMPANY, Docket Number 96-1395- PST-E (Facility Number 43847, Enforcement ID Number E11024) on December 19, 1997 assessing $12,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Jaime Lopez, Enforcement Coordinator at (512) 239-5868, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding JIM WAFER OIL COMPANY, INCORPORATED, Docket Number 96-0325-PST-E, SOAH Docket Number 582-97-0978 (Facility Number 9618, Enforcement ID Number 5490) on December 19, 1997 assessing $5,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Srini R. Kusumanchi, Enforcement Coordinator at (512) 239-5874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding KEITH, ELMER, Docket Number 96-1165-PST-E (Facility Number 8312, Enforcement ID Number 8312) on January 5, 1998 assessing $10,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Hodgson Eckel, Staff Attorney at (512) 239-2195 or Mick Wilson, Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TOMPKINS COATING, INCORPORATED, Docket Number 97-0619-AIR-E (Account Number HG-0746-D) on January 5, 1998. Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512) 239-1670, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ARMANDO'S PAINT AND BODY SHOP, Docket Number 97-0574-AIR-E (Account Number EE-1450-B) on January 5, 1998 assessing $500. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512) 239-1670, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding SECOND HAND MOTORS, Docket Number 97-0810- AIR-E (Account Number DB-4208-Q) on January 5, 1998 assessing $500. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TOSCO MARKETING COMPANY DBA CIRCLE K CORP., Docket Number 97-0771-AIR-E (Account Numbers. EE-1021-F, EE-1026-S, EE- 1101-G, EE-1102-E, EE-1104-A, EE-1745-C, EE-0996-F & EE-1043-S) on January 5, 1998 assessing $25,500. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CIRCLE C CONSTRUCTION COMPANY, Docket Number 97-0802-AIR-E (Account Number 93-2979-O) on January 5, 1998 assessing $2,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting David Edge, Enforcement Coordinator at (512) 239-1779, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ARCO CHEMICAL COMPANY, Docket Number 97- 0530-AIR-E (Account Number HG-1575-W) on January 5, 1998 assessing $12,000 in administrative penalties with $2,400 deferred. Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding AMERI-FIRST AUTO SALES, Docket Number 97- 0402-AIR-E (Account Number DB-4218-N) on January 5, 1998 assessing $500. in administrative penalties with $100. deferred. Information concerning any aspect of this order may be obtained by contacting Kevin Cauble, Enforcement Coordinator at (512) 239-1874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding COMPOUND MANUFACTURING DISTRIBUTION, Docket Number 97-0322-MLM-E (Account Number LH-0178-A) on January 5, 1998 assessing $2,970 in administrative penalties with $594. deferred. Information concerning any aspect of this order may be obtained by contacting Adele Noel, Enforcement Coordinator at (512) 239-1045, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding DARRELL G. BOEPPLE, Docket Number 97-0567- PST-E (Facility Number 22050, Enforcement ID Number 4500) on January 5, 1998 assessing $1,200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512) 239-0678 or Susan Johnson, Enforcement Coordinator at (512) 239-2555, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding NAZIR, FAISAL DBA PAK N PAY, Docket Number 97-0292-PST-E (Facility Number 9897, Enforcement ID Number 5501) on January 5, 1998 assessing $1,700 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney at (512) 239-1736 or Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding DIAMOND SHAMROCK REFINING AND MARKETING CO., Docket Number 97-0269-IWD-E (Registration Number L-99228) on January 5, 1998 assessing $2,760 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Merrilee Mears, Enforcement Coordinator at (512) 239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ELECTRA, CITY OF, Docket Number 97-0415- MWD-E (Permit Number 10020-001) on January 5, 1998 assessing. Information concerning any aspect of this order may be obtained by contacting Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HENDERSON, CITY OF, Docket Number 97-0487- MWD-E (Permit Number 10187-001) on January 5, 1998 assessing $14,720 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Merrilee Mears, Enforcement Coordinator at (512) 239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding RONALD W. STUMPF, Docket Number 96-1628- MWD-E (NO TNRCC PERMIT) on January 5, 1998 assessing $26,250. in administrative penalties with $25,650. deferred. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512) 239-0678 or Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CALICO FARMS SUDIVISION PROPERTY OWNERS- Bernard L. Braddock et al., Docket Number 96-1763-MWD-E on January 5, 1998 assessing $9,200 in administrative penalties with $2,751 deferred. Information concerning any aspect of this order may be obtained by contacting Merilee Mears, Enforcement Coordinator at (512) 239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding SOUTHWEST OIL RECYCLING, INCORPORATED, Docket Number 96-1511-IHW-E (SWR Numbers 81319,32641, 41810, EPA ID Number TXD030923361) on January 2, 1998 assessing $11,200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512) 239-0678 or Susan Johnson, Enforcement Coordinator at (512) 239-2555, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding SOUTHWEST OIL RECYCLING, INC./SOUTHWEST ENVIRONMENTAL SERVICES, Docket Number 97-0250-IHW-E (SWR Numbers 41400,23721, & 84672, EPA ID Numbers TXD98275825, TXD9880833788 & TXR000017004) on January 5, 1998 assessing $30,000 in administrative penalties with $30,000 deferred. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512) 239-0678 OR Susan Johnson, Enforcement Coordinator at (512) 239-2555, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding JIM WAFER OIL COMPANY, INCORPORATED, Docket Number 96-0326-PST-E, SOAH Docket Number 582-97-0979 (Facility Number 9616, Enforcement ID Number 5489) on December 19, 1997 assessing $6,250 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Srini Kusumanchi, Enforcement Coordinator at (512) 239-5874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding JIM WAFER OIL COMPANY, INCORPORATED, Docket Number 96-0329-PST-E, SOAH Docket Number 582-97-0980 (Facility ID Number 9621, Enforcement ID Number 5491) on December 19, 1997 assessing $8,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Srini Kusumanchi, Enforcement Coordinator at (512) 239-5874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. Issued in Austin, Texas, on January 6, 1998. TRD-9800166 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: January 6, 1998 Notice of Receipt of Application and Declaration of Administrative Completeness for Municipal Solid Waste Management Facility for the Period of December 29, 1997 to January 2, 1998 APPLICATION BY CITY OF MOUNT PLEASANT, Proposed Permit Amendment No. MSW797-A, to authorize an amendment for horizontal and vertical expansion to a Type I municipal solid waste management facility permit. The facility is to daily receive approximately 211 tons of solid waste. The site covers approximately 96 acres of land and is located approximately 3.8 miles southwest of the Titus County Courthouse in Mount Pleasant, Titus County, Texas. The northeast corner of the property is located 1,467 feet south of the intersection of FM 127 and County Road SW 37. APPLICATION BY CITY OF LAMESA, Proposed Permit Amendment No. MSW517-A, to authorize an amendment for a Type I municipal solid waste management facility permit. The facility is to daily receive approximately 28 tons of solid waste. The site covers approximately 107.01 acres of land and is located approximately one mile south of the intersection of FM 827 and US 87 on Court C Street in the city limits of Lamesa, Dawson County, Texas. APPLICATION BY CITY OF BROWNWOOD, Proposed Permit Amendment No. MSW1562-A, to authorize an amendment for horizontal and vertical expansion to a Type I municipal solid waste management facility permit. The facility is to daily receive approximately 170 tons of solid waste. The site covers approximately 648 acres of land and includes a 130-acre landfill. The site is located approximately one mile south of Brownwood and immediately west of Camp Bowie, Brown County, Texas. The existing site entrance is located on County Road 237 (Indian Creek Road) approximately 1.5 miles south of FM 45. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued in Austin, Texas, on January 6, 1998. TRD-9800167 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: January 6, 1998 North Texas Tollway Authority Request for Qualification The following request for qualifications for providing professional turnpike traffic engineering services is filed under the provision of the Government Code, Chapter 2254, Subchapter A. The North Texas Tollway Authority (the "NTTA") is soliciting qualifications for professional turnpike traffic engineering services for point traffic congestion alleviation and signage review, analysis, and study for the Dallas North Tollway. Detailed design and bid level cost estimating services are not a part of the Scope of Services. Each interested qualified consultant should submit seven copies of its qualifications to perform such turnpike traffic engineering studies. Responses shall consist of the minimum number of double sided pages, printed on recycled paper, required to provide the necessary information to the North Texas Tollway Authority, 3015 Raleigh Street, P.O. Box 190369, Dallas, Texas 75219-0369 (214) 522-6200. The deadline for receipt of qualifications will be 4:45 p.m., January 30, 1998. The summary of qualifications shall include firm name, address, phone number, person to contact regarding the submitted qualifications, proposed management structure, identification of key personnel and subconsultants, if any, proposed for assignment to this study, and recent experience of the firm, its key personnel, and subconsultants relative to the performance of successful traffic engineering services similar to those described herein that will be applicable for the Dallas North Tollway study. Each consultant responding shall indicate its proven experience in successfully performing traffic studies that have proved to be successful in alleviating point traffic congestion and implementing signage improvements on turnpike and freeway projects within the United States by providing a list of turnpike authorities and state departments of transportation (DOTs) for whom it has performed such services, a list of the particular projects on which the services were performed, a list of the principal managing officers of the turnpike agency and DOTs for whom the work was performed, and the time period over which the study for each turnpike agency or DOT was performed. All references shall include the name, address, and phone number of the responsible firm employee most closely associated with the firm's prior turnpike project studies of a similar nature. The qualifications shall include a statement regarding the affirmative action program of the consultant and shall include a statement that the responding consultant has familiarized itself with the NTTA Historically Underutilized Business Policy and is prepared to conform with that policy. Qualifications shall be reviewed by a NTTA staff consultant selection committee in order to identify those most qualified and experienced respondents who will be considered later by the committee for a possible assignment. Proposed fees or budgets shall not be submitted with any response. A Scope of Services is being prepared for the consultant services and will be issued to each firm filing a written notice that it intends to respond by filing its qualifications with the NTTA and requesting a Scope of Services which will be available and issued January 7, 1998. Questions concerning this study shall be directed to James W. Griffin, Chief Engineer, North Texas Tollway Authority, (214) 522-6200. Issued in Dallas, Texas, on January 2, 1998. TRD-9800030 James W. Griffin, P.E. Chief Engineer North Texas Tollway Authority Filed: January 2, 1998 Texas Parks and Wildlife Department Notice of Availability of Final Restoration Plan and Environmental Assessment AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Natural Resource Conservation Commission (TNRCC), Texas General Land Office (TGLO), National Oceanic and Atmospheric Administration (NOAA) and the United States Department of the Interior (DOI) (hereafter, Trustees). ACTION: Notice of availability of a final restoration plan and environmental assessment. SUMMARY: Notice is hereby given that a document entitled "Restoration Plan Environmental Assessment for Apex Barges Oil Spill, July 28, 1990" has been finalized and is available to the public. A draft version of the plan was made available for public review and comment and all written comments received were considered in finalizing the document. This document presents restoration actions which the State and Federal Natural Resource Trustees will implement to restore or enhance natural resources injured by the Apex barges oil spill of July 28, 1990 in Galveston Bay, Texas. The document also describes the process followed by the Trustees to evaluate appropriate restoration alternatives and select the restoration actions identified in the plan. A summary of the public notice process for the restoration plan and the written public comments received are also presented. The selected restoration actions will be implemented using funds recovered by the Trustees as part of an October 1994 settlement of natural resource damages claims associated with the oil spill. The funds are required by law to be spent to benefit natural resources and associated resource services injured, destroyed or lost as a result of the spill. Interested members of the public are invited to request a copy of the final restoration plan from Allan Strand of the U.S. Fish and Wildlife Service, Division of Ecological Services, c/o CCSU, Campus Box 338, Corpus Christi, Texas 78412, (512) 994-9005. Issued in Austin, Texas, on January 5, 1998. TRD-9800058 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Filed: January 5, 1998 Public Utility Commission of Texas Notice of Application For Amendment To Service Provider Certificate of Operating Authority On December 29, 1997, KMC Telecom, Inc. filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60039. Applicant intends to reorganize into a holding company-subsidiary structure. The Application: Application of KMC Telecom, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 18597. Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than January 22, 1998. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 18597. Issued in Austin, Texas, on January 5, 1998. TRD-9800084 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 5, 1998 Notice of Application For Service Provider Certificate of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 29, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Level 3 Communications, L.L.C. for a Service Provider Certificate of Operating Authority, Docket Number 18598 before the Public Utility Commission of Texas. Applicant intends to provide all forms of switched and dedicated telecommunications services on a resale and facilities based basis, including, but not limited to, local exchange access services to single-line and multi-line customers, local exchange usage service, and switched and special carrier access services to other common carriers. Applicant's requested SPCOA geographic area includes the geographic area of the existing Southwestern Bell Telephone Company and GTE Southwest, Inc. exchanges. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than January 22, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on January 5, 1998. TRD-9800085 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 5, 1998 Notice of Application For Service Provider Certificate of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 29, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Quick-Tel Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18579 before the Public Utility Commission of Texas. Applicant intends to resell any telecommunications service with all Texas telephone service providers that have shared telecommunication capabilities, including providing commercial, residential and metro telephone services. Services will be provided on a pre-paid basis at $50.00 per month with a one time set-up fee of $50.00. Applicant's requested SPCOA geographic area includes the entire state of Texas within the territories of Sprint-United Telephone Company of Texas, Inc., Southwestern Bell Telephone Company, and GTE Southwest, Inc. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than January 22, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on January 5, 1998. TRD-9800083 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 5, 1998 Public Utility Commission of Texas Notices of Application Pursuant to P.U.C. Substantive Rule 23.94 Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on October 27, 1997, pursuant to P.U.C. SUBSTANTIVE RULE 23.94 for approval of a rate change. Tariff Title and Number: Application of La Ward Telephone Exchange, Inc. for Approval to Increase Rate and Offer New Optional Service Pursuant to P.U.C. SUBSTANTIVE RULE 23.94. Tariff Control Number 18165. The Application: La Ward Telephone Exchange, Inc. seeks approval to increase the rate charged for Directory Assistance Service and offer a new optional service, Directory Assistance Call Completion, effective February 1, 1998. The estimated annual revenue impact to La Ward Telephone Exchange, Inc. is an increase of $1,625 to its total regulated intrastate gross annual revenues. Subscribers of La Ward Telephone Exchange, Inc. have a right to petition the commission for review of this proposed increase by filing a protest with the commission. The protest must be signed by a minimum of 5%, or 55 subscribers, and must be received by the commission no later than January 26, 1998. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before January 26, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. Issued in Austin, Texas, on January 6, 1998. TRD-9800191 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 6, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on October 28, 1997, pursuant to P.U.C. SUBSTANTIVE RULE 23.94 for approval of a rate increase. Tariff Title and Number: Application of Cameron Telephone Company-TX for Approval of a Rate Increase for the Nome Exchange Pursuant to P.U.C. SUBSTANTIVE RULE 23.94. Tariff Control Number 18174. The Application: Cameron Telephone Company-TX seeks approval for a rate increase of 10% in its basic local service rate for business and residence customers in its Nome exchange (253) to be effective February 1, 1998. This proposed increase will result in a $.55 increase for single-line resident subscribers and a $1.21 increase for single-line business subscribers. The proposed increase will increase the annual gross revenue of Cameron Telephone Company-TX by $3,537. The local service subscribers in the Nome exchange have a right to petition the commission for review of this proposed increase by filing a protest with the commission. The protest must be signed by a minimum of 5% of Nome subscribers, or 18 subscribers, and must be received by the commission by January 26, 1998. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before January 26, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. Issued in Austin, Texas, on January 6, 1998. TRD-9800188 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 6, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on October 28, 1997, pursuant to P.U.C. SUBSTANTIVE RULE 23.94 for approval of a rate change. Tariff Title and Number: Application of Dell Telephone Cooperative, Inc. for Approval to Increase Rate and Offer New Optional Service Pursuant to P.U.C. SUBSTANTIVE RULE 23.94. Tariff Control Number 18175. The Application: Dell Telephone Cooperative, Inc. seeks approval to increase the rate charged for Directory Assistance Service and offer a new optional service, Directory Assistance Call Completion, effective February 1, 1998. The estimated annual revenue impact to Dell Telephone Cooperative, Inc. is an increase of $365.00 to its total regulated intrastate gross annual revenues. Subscribers of Dell Telephone Cooperative, Inc. have a right to petition the commission for review of this proposed increase by filing a protest with the commission. The protest must be signed by a minimum of 5%, or 32 subscribers, and must be received by the commission no later January 26, 1998. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before January 26, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. Issued in Austin, Texas, on January 6, 1998. TRD-9800189 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 6, 1998 Notices of Application to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 17, 1997, to amend a certificate of convenience and necessity pursuant to sec.sec.14.001, 32.001, 36.001, 37.051, and 37.054, 37.056, 37.057, 37.058 of the Public Utility Regulatory Act, TEX. UTIL. CODE ANN.(Vernon 1998) (PURA). A summary of the application follows. Docket Title and Number: Application of Bowie-Cass Electric Cooperative, Inc. to Amend a Certificate of Convenience and Necessity to Construct a Proposed Transmission Line within Cass County, Docket Number 18494 before the Public Utility Commission of Texas. The Application: In Docket Number 18494, Bowie-Cass Electric Cooperative, Inc. requests an amendment to its certificate of convenience and necessity in order to construct approximately 13.5 miles of 69-kV transmission line to improve service reliability in eastern Cass County. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on January 6, 1998. TRD-9800186 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 6, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 22, 1997, to amend a certificate of convenience and necessity pursuant to sec.sec.14.001, 32.001, 36.001, 37.051, and 37.054, 37.056, 37.057, 37.058 of the Public Utility Regulatory Act, TEX. UTIL. CODE ANN.(Vernon 1998) (PURA). A summary of the application follows. Docket Title and Number: Application of Bowie-Cass Electric Cooperative, Inc. to Amend Certificated Service Area Boundaries within Red River County, Docket Number 18527 before the Public Utility Commission of Texas. The Application: In Docket Number 18527, Bowie-Cass Electric Cooperative, Inc. requests an amendment to its certificated service area boundary with Lamar County Electric Cooperative, Inc. in order to provide electric service to the Shawnee Creek Ranch subdivision located in southeast Red River County. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on January 6, 1998. TRD-9800187 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 6, 1998 Notice of Workshop and Request for Comments in Commission Inquiry Regarding Public Interest Payphones The Public Utility Commission of Texas (commission) has established an inquiry, designated as Project Number 18150, regarding designation of public interest payphones (PIPs) by the commission in the interest of public health, safety, and welfare, where competitive markets have failed in the State of Texas. Section 276(b)(2) of the federal Telecommunications Act of 1996, 47 U.S.C. sec.151 et seq. (FTA), which directs the Federal Communications Commission (FCC) to maintain PIPs, gives the FCC the option to defer to the states to determine, pursuant to their own statutes and regulations, which payphones should be provided in the public interest. The commission inquiry seeks public comments regarding designation of PIPs. The commission will conduct a workshop on March 5, 1998, at 9:00 a.m., in the commissioners' hearing room, seventh floor, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701. The commission seeks public comment at the workshop or in writing by interested persons regarding the questions below (responses may include specific information regarding payphones and markets subject to the inquiry). Written comments (16 copies) should be submitted to the Filing Clerk, Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. The comments should refer to Project Number 18150 and should be filed no later than February 17, 1998. Designation of PIPs, Cost Recovery, and Funding Mechanisms 1. Should the commission establish general location categories (e.g. hospitals, schools) to receive PIPs if there is not an existing payphone(s) located there? What general locations should the categories include? 2. If the commission requires PIPs to be a minimum specified distance from other payphones, what should this distance be? From what point should this specified distance be calculated? Should the specified distance vary depending on whether the PIP cite is located in an urban or rural area? 3. Should the degree of residential phone penetration be a factor the commission considers in establishing the location of PIPs? 4. The FCC has determined that PIPs may be placed "in locations where there might not otherwise be a payphone as an operation of the market." Are there circumstances other than low consumer demand or high cost of providing the service that may cause this to occur? What are they? 5. How could the commission ensure that PIPs are provided at designated locations? Should PIP obligations be met (a) by the dominant local exchange carrier serving the PIP location; (b) by all payphone providers in proportion to their market share; (c) through competitive bidding; or (d) by another method you suggest? 6. What are the actual costs of providing payphone service and, if necessary, how should this amount be established by the commission for PIPs? 7. How should the commission determine, if appropriate, what a fair return on PIPs should be? 8. Should the commission require all payphone services providers (PSPs) to support PIPs so that the cost is borne by the payphone industry as a whole? Would a monthly rate charged to connect PSPs to the local network be a fair and equitable distribution of cost? 9. Would the required placement of non-profitable PIPs as part of a voluntary, contractual agreement with PSPs for the installation of competitive payphones on public property be fair? 10. Should the commission fund PIPs through the state Universal Service Fund? Issued in Austin, Texas, on January 6, 1998. TRD-9800190 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 6, 1998 South Plains Regional Workforce Development Board (JobSource+) Public Notice The South Plains Regional Workforce Development Board, located in Lubbock, Texas, is soliciting proposals from qualified organizations or individuals to develop a comprehensive Request for Proposal (RFP) for the development, management, and procurement of local area Workforce Centers in the South Plains area of West Texas. They should have a detailed knowledge of Texas House Bill 1863 and Job Training Partnership Act programs. Resumes, information supporting experience with workforce development programs, and costs should be mailed to the address below no later that 5:00 p.m., January 14, 1998: SPRWDB Attn: Don McCullough Executive Director 1218 14th Street Lubbock, Texas 79401 Telephone: (806) 765-5038 Issued in Austin, Texas, on January 5, 1998. TRD-9800049 Mike Breslin Liaison South Plains Regional Workforce Development Board Filed: January 5, 1998 Texas Retirement System of Texas Request for Proposal The Teacher Retirement System of Texas is issuing a Request for Proposal to provide an actuarial review of the comparability evaluation process required by sec.22.004 of the Education Code. Section 22.004 requires that the executive director of the Teacher Retirement System of Texas shall certify whether a district's coverage is comparable to the basic health coverage provided under the Texas Employees Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code). The Teacher Retirement System of Texas has employed Watson Wyatt & Company to consult and provide actuarial expertise to the TRS staff in developing the methodology and related criteria for determining the comparability of each district plan. This Request for Proposals is to select an entity to perform a review of the comparability evaluation process in order to issue a letter certifying that the process is a fair, reasonable, appropriate, and effective evaluation methodology, which will produce consistently accurate and objective results. The comparability evaluation process will be based on data and other information submitted by the school districts to the retirement system as required by sec.22.004 and will include the plan specifications stated in sec. 22.004. Part of the methodology will involve an automated, weighted-factor type software program. Proposed rules state that, for the purpose of this decision, "comparable" means similar, but not identical. The submitted proposal should be based on performing the analysis at the Teacher Retirement System Office at 1000 Red River Street, Austin, Texas, 78701-2698, and that the letter of certification must be issued within ten calendar days from the date the proposer receives the award and will include the benchmark basic state employees plan. If the selected proposer finds that the process is not certifiable as described, specific recommendations must be provided, upon which the process may be certified. The proposed cost should be all-inclusive. The deadline for submission of responses to the RFP is January 30, 1998. The System reserves the right to accept or reject any proposal submitted, and is under no legal requirement to execute a resulting contract on the basis of this notice. The System will base its choice on cost, demonstrated competence, superior qualifications, and evidence of conformance with the RFP criteria. The RFP does not commit the System to pay any cost incurred prior to the execution of a contract. The System specifically reserves the right to vary all provisions set forth in the RFP at any time prior to execution of a contract where the System deems it to be in its best interest. To obtain copies of the RFP, please contact Mr. Frank DiLorenzo, Director of Group Health Benefits, The Teacher Retirement System of Texas, 1000 Red River, Austin, Texas 78701-2698. Mr. DiLorenzo may be reached by phone at (512) 397- 6456. Issued in Austin, Texas, on January 7, 1998. TRD-9800218 Charles Dunlap Executive Director Teacher Retirement System of Texas Filed: January 7, 1998 Texas Department of Transportation Notice of Invitation Notice of Invitation: The Lufkin District of the Texas Department of Transportation (TxDOT) intends to enter into a contract with a professional engineer, pursuant to Texas Government Code, Chapter 2254, Subchapter A and 43 TAC sec.sec.9.30-9.43, to provide the following services. To be considered, a prime provider, and any subproviders proposed on the team, must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s), unless the work category is a non-listed work category. To qualify for contract award, a selected prime engineer must perform a minimum of 30% of the actual work. Please be advised that a prime provider or subprovider currently employing former TxDOT employees needs to be aware of the revolving door laws including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer registered in Texas that will sign and seal pertinent documents generated under the contract. Contract Number 11-845P5004 - The precertified work categories that may be required and the approximate percent of work per category are: 2.1.1 Traffic Noise Analysis (1%), 2.2.1 Air Quality Analysis (1%), 2.3.1 Wetland Delineation (12%), 2.4.1 Nationwide Permit (1%), 2.6.1 Protected Species Determination (8%), 2.7.1 Section 4(f) and/or Section 6(f) Evaluations (1%), 2.8.1 Surveys, Research and Documentation of Historic Building, Structures & Objects (12%), 2.10.1 Archeological Surveys, Documentation, Excavations, Testing Reports and Data Recovery Plans (12%), 2.12.1 Socio-Economic and Environmental Justice Analyses (2%), 2.13.1 Hazardous Materials Assessment (12%), 2.14.1 Environmental Documentation Preparation (38%). The work to be performed shall consist of environmental investigations and preparation of environmental documents ranging from categorical exclusions to findings of no significant impacts (FONSI) for a variety of rehabilitation projects throughout the Lufkin District. Historically Underutilized Business (HUB) Goal: The assigned HUB goal for participation in the work to be performed under this contract is 10% of the contract amount. Long List Evaluation Criteria: TxDOT will consider the following criteria in its review of all interested providers. 1. Past Performance Scores: Minimum requirements - The prime provider must have three good references from other entities on environmental work which cover at least four of the six major work categories, as identified by percent of the work effort. Proposed project manager must have three good references as task manager for previous environmental work. Preferred requirements - The prime provider must have five good references which can be verified from other entities on similar work which cover at least the six major work categories, as identified by percent of the total work effort. Proposed project manager must have four good references as project manager on previous engineering projects which included environmental work or as project manager on environmental projects. 2. Project Requirements (Team Capability Experience) Traffic Noise Analysis (2.1.1): Minimum requirements: A Team member has completed traffic noise analysis on two highway projects in the last three years (four preferred). Air Quality Analysis (2.2.1): Minimum requirements: A Team member has completed air quality analysis on two highway projects in the last three years (four preferred). Wetland Delineation (2.3.1): Minimum requirements: A Team member has completed wetland delineation on three highway projects in the last three years (five preferred) to the satisfaction of the U.S. Corps of Engineers. Nationwide Permit (2.4.1): Minimum requirements: A Team member has determined applicability of the various nationwide permits on four highway projects in the last three years (six preferred). Protected Species Determination (2.6.1): Minimum requirements: A Team member has completed four studies to evaluate presence of endangered species (both flora and fauna) in the last four years (six preferred). Section 4(f) and Section 6(f) Evaluations (2.7.1): Minimum requirements: A Team member has completed one Section 4(f) evaluations on highway projects in the last four years (three preferred). Surveys, Research and Documentation of Historic Building, Structures & Objects (2.8.1): Minimum requirements: A Team member has completed standing structures reports and associated field work on two highway projects in the last three years (four preferred) to the satisfaction of the State Historic Preservation Office. Archeological Surveys, Documentation, Excavations, Testing Reports and Data Recovery Plans (2.10.1): Minimum requirements: A Team member has completed two archeological surveys and related documentation on highway projects requiring significant additional right of way in the last three years (four preferred). Socio-Economic and Environmental Justice Analyses (2.12.1): Minimum requirements: A Team member has performed two analyses on highway projects in the last three years (four preferred). Hazardous Materials Assessment (2.13.1): Minimum requirements: A Team member has completed three hazardous materials surveys on highway projects in the last three years (five preferred). Environmental Documentation Preparation (2.14.1): Minimum requirements: A Team member has completed environmental documentation (categorical exclusion and/or FONSI) on four highway projects within the past five years (six projects preferred). 3. Special Project (Similar) Related Experience of Project Manager and Team Members Traffic Noise Analysis (2.1.1): Minimum requirements: Assigned team member has successfully completed traffic noise analyses on two rural highway projects in the last four years (four preferred). Air Quality Analysis (2.1.1): Minimum requirements: Assigned team member has successfully completed air quality analysis on two rural highway projects in the last four years (four preferred). Wetland Delineation (2.3.1): Minimum requirements: Assigned team member has successfully completed wetland delineation on two highway projects in the East Texas Area in the last four years (four preferred) to the satisfaction of the U.S. Corps of Engineers. Nationwide Permits (2.4.1): Minimum requirements: Assigned team member has made determinations of applicability of the nationwide permits for two years (four preferred). Protected Species Determination (2.6.1): Minimum requirements: Assigned team member has completed two studies to evaluate presence of endangered species in East Texas (four preferred). Section 4(f) and Section 6(f) Evaluations (2.7.1): Minimum requirements: Assigned team member has completed two Section 4(f) evaluations (four preferred). Surveys, Research and Documentation of Historic Buildings, Structures & Objects (2.8.1): Minimum requirements: Assigned team member has completed the necessary documentation for two highway projects in rural settings (four preferred). Archeological Surveys, Documentation, Excavations, Testing Reports and Data Recovery Plans (2.10.1): Minimum requirements: Assigned team member has successfully completed archeological surveys and related documentation to Texas Historical Commission standards on three projects (five preferred). Socio-Economic and Environmental Justice Analyses (2.12.1): Minimum requirements: Assigned team member has completed one analysis in a rural area and/or a small city (under 100,000 population) (three preferred). Hazardous Materials Assessment (2.13.1): Minimum requirements: Assigned team member has completed two assessments for underground storage tanks in the last three years (four preferred). Environmental Documentation Preparation (2.14.1): Minimum requirements: Assigned task manager has successfully completed environmental documentation for categorical exclusions to the satisfaction of the owner and resource agencies on two transportation projects within the past three years (four projects preferred). 4. DBE/HUB Goal This criterion is either a commitment or not and has no preferred status. Therefore, the provider receives three points for meeting the assigned goal or zero points for not meeting the assigned goal. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at 409/633-4374, or by hand delivery to TxDOT, Lufkin District, Attention: Tina L. Walker, P.E., 1805 N. Timberland Drive, Lufkin, Texas or by mail to TxDOT, Lufkin District, Attention: Tina L. Walker, P.E., 1805 N. Timberland Drive, Lufkin, TX 75904. Letters of interest will be received until 5:00 p.m., February 6, 1998. Letter of Interest Requirements: The letter of interest is limited in length to five 8 1/2 x 11 pages (10 point font size, single sided pages with no attachments or appendices) and must include the following: contract number 11- 845P5004; an organizational chart containing names, addresses, telephone numbers and fax numbers of the prime provider and any subprovider(s) proposed for the team, and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned HUB goal through the prime provider or subprovider identified on the team, or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice, including references for related projects. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Tina Walker at 409/633-4329 or fax number 409/633-4374. Issued in Austin, Texas, on January 7, 1998. TRD-9800199 Bob Jackson Interim General Counsel Texas Department of Transportation Filed: January 7, 1998 Texas Water Development Board Applications Received Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development Board provides notice of the following applications received by the Board: City of Edcouch, P.O. Box 86, Edcouch, Texas, 78538, received January 16, 1996, application for financial assistance in an amount not to exceed $21,000 from the Research and Planning Fund. City of Eagle Pass, P.O. Box 4019, Eagle Pass, Texas, 78853, received May 2, 1997, application for additional grant/loan assistance in the total amount of $1,296,604 from the Economically Distressed Areas Program of the Texas Water Development Fund. Military Highway Water Supply Corporation, P.O. Box 250, Progreso, Texas, 78580, received September 30, 1997, application for grant/loan assistance in the total amount of $774,000 from the Economically Distressed Areas Program of the Texas Water Development Fund. City of San Benito, 485 North Sam Houston Street, San Benito, Texas, 78586, received November 6, 1997, application for grant assistance in the amount of $2,037,583 from the Economically Distressed Areas Program of the Texas Water Development Fund. City of Richland Hills, 3200 Diana Drive, Richland Hills, Texas, 76118, received November 3, 1997, application for financial assistance in the amount of $4,000,000 from the State Water Pollution Control Revolving Fund. Orange County Water Control and Improvement District No. 1, P.O. Box 2085, Vidor, Texas, 77670, received December 1, 1997, application for financial assistance in the total amount of $4,455,000 from the Water Supply Account of the Texas Water Development Fund and the State Water Pollution Control Revolving Fund. Trinity Bay Conservation District, P.O. Box 580, Anahuac, Texas, 77514, received December 1, 1997, application for financial assistance in the total amount of $2,500,000 from the Water Supply Account of the Texas Water Development Fund and the State Water Pollution Control Revolving Fund. High Plains Underground Water Conservation District #1, 2930 Avenue Q, Lubbock, Texas, 79405, received November 28, 1997, application for financial assistance in the amount of $3,000,000 from the Agricultural Water Conservation Loan Program. Sandy Land Underground Water Conservation District, P.O. Box 130, Plains, Texas, 79355-0130, received November 28, 1997, application for financial assistance in the amount of $500,000 from the Agricultural Water Conservation Loan Program. Panhandle Ground Water Conservation District No. 3, P.O. Box 637, White Deer, Texas, 79097, received November 11, 1997, application for financial assistance in the amount of $750,000 from the Agricultural Water Conservation Loan Program. Greenwood Utility District, P.O. Box 96347, Houston, Texas, 77213, received October 28, 1997, application for financial assistance in the total amount of $2,650,000 from the Water Supply Account of the Texas Water Development Fund and the State Water Pollution Control Revolving Fund. Parkway Utility District, P.O. Box 24728, Houston, Texas, 77229, received October 28, 1997, application for financial assistance in the total amount of $4,430,000 from the Water Supply Account of the Texas Water Development Fund and the State Water Pollution Control Revolving Fund. Additional information concerning this matter may be obtained from Craig D. Pedersen, Executive Administrator, P.O. Box 13231, Austin, Texas, 78711. Issued in Austin, Texas, on January 5, 1998. TRD-9800066 Gail L. Allan Director of Project-Related Legal Services Texas Water Development Board Filed: January 5, 1998