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(vii)the noncompliance, partial compliance, or full
compliance with each of the safety and security standards required
in subsection (k) of this section.
(B)Process. The process of developing the long-range
facility plan shall consider input from teachers, students, parents,
taxpayers, and other school district stakeholders.
(C)Compliance. The requirement for a long-range facility
plan is met when a school district completes the long-range facility
plan, presents it to the school district board of trustees, and makes
it available to the prime design professional for a capital improvement
project. The long-range facility plan expires after five years from
the date of the final plan presented to the school district board
of trustees and must be updated prior to commencement of a subsequent
capital improvement project. A long-range facility plan developed
as part of a district-wide long-range facilities plan may be used
to satisfy this requirement.
(2)Educational specifications. A school district shall
ensure that a project for new construction and major renovation subject
to this section complies with the requirements and standards as follows.
(A)Elements. Educational specifications are a written
document prepared by the school district and approved by the school
district board of trustees and shall include all of the following:
(i)the school district mission, vision, goals, and
pedagogy;
(ii)preliminary details related to facility type,
grades served, and maximum student enrollment;
(iii)pertinent provisions of the multi-hazard emergency
operations plan that may inform the functionality of the built environment,
including how the district complies with TEC, §37.108;
(iv)a written statement that includes:
(I)inclusive design goals and considerations supported
by the school district; and
(II)how inclusive design should be addressed in new
and renovated facility designs;
(v)minimum total square footage required to comply
with the quantitative method of compliance; and
(vi)innovative teaching or operational practices intended
for implementation at the instructional facility that may lead to
the use of the qualitative method of compliance.
(B)Schedule. An educational specification shall be
created for each campus type. If the design and construction of a
new campus or major renovation of an existing campus differs substantially
from an educational specification that exists for the same campus
type, a separate educational specification must be developed. Educational
specifications shall be initiated upon the first proposed project
of its type and must be completed prior to initiating the planning
or programming phase of a project. Each educational specification
must be updated after five years from the date of approval.
(C)Compliance. The requirement for educational specifications
is met when a school district delivers the approved document to the
architect.
(3)Exceptions. A school district is exempt from the
requirements of this subsection:
(A)if a school facility experiences catastrophic damage
and the school district board of trustees approves a capital improvement
project in accordance with TEC, §44.0312(c); or
(B)in a situation deemed urgent by action of the school
district board of trustees that warrants immediate action because,
if left unresolved, it would impair the conduct of classes.
(e)Administration.
(1)Administration of construction quality standards.
(A)This subsection establishes standards for the administration
and procurements of design professional services and other professional
services and for the administration of competitive bids and contracting
requirements for construction services. A school district shall comply
with requirements in this subsection and with all applicable requirements,
restrictions, and responsibilities established in state law, administrative
code, or by a local authority having jurisdiction.
(B)A school district shall comply with the administrative
and procedural requirements established in this subsection and with
the standards established in subsection (j) of this section to promote
construction quality and best value for a capital improvement project
subject to this section.
(C)A standard in this section that incorporates by
reference a key statutory provision or administrative rule is established
as a compliance requirement for a school district seeking to procure,
obtain a competitive bid, or administer a contract for construction
services, construction-related services, design professional services,
or any other professional service required for a capital improvement
project. The requirements establish a method by which a school district
shall demonstrate compliance with the 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.
(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.
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