Texas Education Code - Section 44.037. Contracts For Facilities: Construction Manager-Agent
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§ 44.037. CONTRACTS FOR FACILITIES: CONSTRUCTION
MANAGER-AGENT. (a) A school district may use the construction
manager-agent method for the construction, rehabilitation,
alteration, or repair of a facility. In using that method and in
entering into a contract for the services of a construction
manager-agent, a district shall follow the procedures prescribed by
this section.
(b) A construction manager-agent is a sole proprietorship,
partnership, corporation, or other legal entity that provides
consultation to the school district regarding construction,
rehabilitation, alteration, or repair of the facility. A district
using the construction manager-agent method may, under the contract
between the district and the construction manager-agent, require
the construction manager-agent to provide administrative
personnel, equipment necessary to perform duties under this
section, and on-site management and other services specified in the
contract. A construction manager-agent represents the district in
a fiduciary capacity.
(c) Before or concurrently with selecting a construction
manager-agent, the district shall select or designate an engineer
or architect who shall prepare the construction documents for the
project and who has full responsibility for complying with Chapter
1001 or 1051, Occupations Code, as applicable. If the engineer or
architect is not a full-time employee of the district, the district
shall select the engineer or architect on the basis of demonstrated
competence and qualifications as provided by Section 2254.004,
Government Code. The district's engineer or architect may not
serve, alone or in combination with another person, as the
construction manager-agent unless the engineer or architect is
hired to serve as the construction manager-agent under a separate
or concurrent procurement conducted in accordance with this
subchapter. This subsection does not prohibit the district's
engineer or architect from providing customary construction phase
services under the engineer's or architect's original professional
service agreement in accordance with applicable licensing laws.
(d) A district shall select a construction manager-agent on
the basis of demonstrated competence and qualifications in the same
manner as provided for the selection of engineers or architects
under Section 2254.004, Government Code.
(e) A district using the construction manager-agent method
shall procure, in accordance with applicable law and in any manner
authorized by this chapter, a general contractor, trade
contractors, or subcontractors who will serve as the prime
contractor for their specific portion of the work.
(f) The district or the construction manager-agent shall
procure in accordance with Section 2254.004, Government Code, all
of the testing of construction materials engineering, the
inspection services, and the verification testing services
necessary for acceptance of the facility by the district.
Added by Acts 1997, 75th Leg., ch. 1179, § 2, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 1225, § 7, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 1276, § 14A.758, eff. Sept. 1,
2003.
Section: 44.0312 44.0315 44.032 44.034 44.035 44.036 44.037 44.038 44.039 44.040 44.041 44.042 44.043 44.044
Last modified: August 10, 2007
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