| requirements in this subsection
and with the construction quality standards and construction code
requirements in subsection (j) of this section. Any express reference
to, or omission of, an applicable statutory provision in this subsection
may not be construed to diminish, alter, or abate a provision of law
applicable to a school district or to a school district capital improvement
project subject to this section.
(2) School district requirements and responsibilities.
(A) In accordance with TEC, §46.003(g), the board
of trustees and voters of a school district shall determine district
needs concerning construction, acquisition, renovation, or improvement
to instructional facilities. School district funding is entrusted
to the district by the taxpayers, and a district must ensure procurement
processes and procedures are transparent and provide the best value
to the district by complying with applicable laws governing procurement
of professional design services and construction services and with
the standards established in this subsection to promote construction
quality.
(B) In accordance with TEC, §11.201, a superintendent
shall oversee and ensure compliance with the standards for school
facilities established in this section pursuant to TEC, §46.008,
and shall ensure board consideration for any action specified as being
required to be made by the board of trustees, whether by statute,
board rule, or other applicable requirement.
(C) In accordance with TEC, §44.0312(b), a board
of trustees may not delegate the authority to act regarding an action
authorized or required by TEC, Chapter 44, Subchapter B, to be taken
by a board of trustees of a school district.
(D) In accordance with TEC, §44.0312(a), a board
of trustees of a school district may, as appropriate, delegate its
purchasing and contracting authority under TEC, Chapter 44, Subchapter
B, regarding an action authorized or required to be taken by a school
district or a designated person, representative, or committee.
(E) In accordance with TEC, §44.0312(a), when
procuring construction services for a capital improvement project,
a school district board of trustees shall provide notice of the delegation
and the limits of the delegation in the request for bids, proposals,
or qualifications or in an addendum to the request. If the school
district fails to provide that notice, a ranking, selection, or evaluation
of bids, proposals, or qualifications for construction services other
than by the board of trustees in an open public meeting is advisory
only.
(F) A superintendent shall ensure that a requirement
to specify the level of delegation of authority is included in the
bid specifications when procuring construction services to select
a contractor, in accordance with TEC, §44.0312.
(G) In accordance with TEC, §44.0312(c), in the
event of a catastrophe, an emergency, or a natural disaster affecting
a school district, the board of trustees of the district has all authority
to delegate to the superintendent or designated representative the
authority to contract for the replacement, construction, or repair
of school equipment or facilities under TEC, Chapter 44, Subchapter
B, if emergency replacement, construction, or repair is necessary
for the health and safety of district students and staff.
(H) In accordance with TEC, §44.031(d), and TGC, §2269.051,
a school district may adopt rules as necessary to implement the management
responsibilities and duties established for school district procurement
and delivery of professional design and construction services for
a capital improvement project.
(3) Requirements for construction services.
(A) In accordance with TEC, §44.031, the award
of a school district contract for construction services or construction-related
services valued at $50,000 or more must be made by competitive bid
or by the construction delivery contracting method established in
TGC, Chapter 2269, that provides the best value for the district.
(B) In accordance with TGC, §2269.056(a), a school
district that is considering a construction contract using a method
of procuring construction services other than by competitive bid must
first, before advertising, determine which contracting method for
construction services contained in TGC, Chapter 2269, provides the
best value to the school district for the project.
(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.
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