| (C) A school district is required to consider certain
factors established in TGC, §2269.056(b), if the district engages
in consideration of a construction delivery contracting method other
than competitive bidding to evaluate best value for the district,
and the district must adhere to the requirements specified for each
type of construction delivery contracting method established in TGC,
Chapter 2269, Subchapters D, E, F, and G, and must determine, prior
to utilization, the best value for the district. A school district
shall comply and adhere in full to the requirements specified for
each construction delivery contracting method.
(D) A school district shall ensure a contract for construction
services required to be procured by a method in TGC, Chapter 2269,
specifies the contractor's responsibilities for site safety and requires
compliance with the requirement to provide workers' compensation insurance
in accordance with Texas Labor Code, §406.096.
(E) In accordance with TGC, §2252.063 and §2252.064,
a school district shall ensure that a contract with a general contractor
requires the contractor to provide to the district annual payment
statements derived from sales tax reports and to execute a bond issued
by a surety company authorized to do business in the state of Texas
in an amount determined by the school district, which may not exceed
the contract price. The bond must be payable to the school district
and conditioned on the faithful performance of the terms of the contract.
(F) If a school district selects the design build method
of construction delivery, the district shall procure a design professional,
independent of the contractor, to act as the school district's representative
for the procurement process and for the duration of the construction
in accordance with TGC, §2269.355.
(G) In accordance with TGC, §2269.408(a), if a
job order contract or an order issued under the contract requires
architectural or engineering services that constitute the practice
of architecture or engineering, the school district shall select or
designate an architect or engineer, in accordance with TGC, Chapter
2254, to prepare the construction documents for the project. In accordance
with TGC, §2269.408(b), TGC, §2269.408(a), does not apply
to a job order contract or an order issued under the contract for
industrialized buildings or relocatable educational facilities subject
to and approved under TOC, Chapter 1202, if the contractor employs
the services of an architect or engineer who approves the documents
for the project.
(4) Requirements for design professional services.
(A) In accordance with TGC, §2269.102, a school
district seeking to issue a request for competitive bids for construction
services shall first select or designate an architect or engineer,
in accordance with TOC, Chapter 1051 or Chapter 1001, as applicable,
to prepare the construction documents required for a capital improvement
project to be awarded by competitive bid.
(B) A capital improvement project that contains architectural
or engineering services, as defined by TOC, Chapter 1051 or Chapter
1001, as applicable, must use the professional services of an architect
or engineer, or both, as required by the scope of the project.
(C) When architectural or engineering services are
required, a school district shall procure architectural or engineering
services from a design professional in accordance with TGC, §2254.004.
A design professional may subcontract another design professional
to perform architectural or engineering services as part of the scope
of services that the subcontracting design professional is providing
to a school district. A school district shall require that an architect
perform architectural services in accordance with TOC, Chapter 1051,
to prepare construction documents required for a new construction
or major renovation project for a school facility. A school district
shall require that an engineer perform engineering services in accordance
with TOC, Chapter 1001, to prepare engineering plans and specifications
documents required for a minor renovation, major renovation, or a
new construction project for a school facility.
(D) A school district shall designate one design professional
to be the prime design professional for a capital improvement project
and shall contractually engage the prime design professional to review
and coordinate the design of the project, allowing the prime design
professional to rely on and contract for other design professionals
where appropriate.
(E) A school district shall ensure a contract for professional
design services for a capital improvement project contains the scope
of services defined with reasonable specificity, including contractual
time parameters, milestones, or deadlines and shall ensure that contract
terms conform to the standard of care established in Local Government
Code, §271.904, which requires architectural and engineering
services to be provided with the professional skill and care ordinarily
provided by competent architects or engineers practicing under same
or similar circumstances and professional license.
(F) In accordance with TOC, §1051.703(d), designation
as the "prime design professional" does not expand, limit, or otherwise
alter the scope of a design professional's practice nor does it allow
a design professional to fulfill the requirements of a professional
license for which they have not been lawfully granted.
(5) Requirements for professional services of third-party
consultants.
(A) When procuring the professional services of a third-party
consultant for a capital improvement project, a school district must
adhere to the requirements established in TGC, Chapter 2269.058, and
this section. A school district is required to select a qualified
provider of a professional service for which it contracts under this
subsection in accordance with TGC, Chapter 2254.
(B) A school district shall require any design professional
contractually engaged to procure professional design services from
any other design professional as a subconsultant to select and subcontract
the professional design services based on the qualification-based
selection process established in TGC, Chapter 2254.
(C) A school district shall ensure, through confirmation
from a local or state building official or a third-party code compliance
officer as provided for in subsection (j)(2) of this section, that
all required inspections, testing, or permits required for a capital
improvement project have been performed in accordance with contractual
terms and in accordance with all applicable building code specifications.
(D) In accordance with TGC, §2269.058, a school
district shall, independently of the contractor, construction manager-at-risk,
or design-build firm, provide or contract for the construction materials
engineering, testing, and inspection services and the verification
testing services necessary for acceptance of the facility by the district.
(E) A school district shall ensure, through confirmation
from a local or state building official or a third-party code compliance
officer, that all code compliance issues and requirements for a capital
improvement project have been addressed or performed, including inspections,
testing, and permits that are required.
(F) Any contract with a third-party code compliance
officer shall be in accordance with terms and requirements specified
by the International Code Council and shall be procured in accordance
with TGC, Chapter 2254, as required by TGC, §2269.058.
(G) A building permit or local government fee for code
compliance, a contract with a third-party code compliance officer,
a third-party inspector, or consultant shall be the obligation and
responsibility of the school district, procured in accordance with
TGC, Chapter 2254, as required by TGC, §2269.058, and consistent
with the terms of subsection (j) of this section.
(H) In accordance with TEC, §44.901 and §44.902,
a school district may contract for energy or water conservation measures
and must procure the services for energy or water savings performance
contracts according to the procedures established for professional
services in TGC, §2254.004.
(6) Contract compliance and construction quality control
assurances. A school district shall ensure that services sought by
or provided to the district for a school facility capital improvement
project, including, but not limited to, professional design services,
construction services, construction administration services, third-party
inspection services, third-party testing services, or third-party
code compliance services, are provided through a project-specific
written agreement that:
(A) conforms to applicable state laws and any requirements,
standards, or codes adopted by a local authority having jurisdiction;
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