Sec. 451.808. FINAL DESIGN CONTRACTS

(a) In consultation with the selected facility provider, the authority shall negotiate with the engineer or team selected under Section 451.804 on the:

(1) scope of work and fees associated with final design of the civil works components; and

(2) integration of system components and civil works components of the facility.

(b) A contract for final design shall be incorporated into the authority's contract with the selected facility provider. Any subsequent changes to a contract with the engineer or team must be approved by the facility provider and the authority.

(c) In a contract with a selected facility provider, the authority shall provide a mechanism under which issues of design quality, quality assurance, code compliance, value engineering, or life cycle costing may be communicated directly by the engineer or team to the facility provider and the authority with the intent of seeking the authority's approval of proposed action.

(d) The selected facility provider's oversight of the engineer or team is limited to:

(1) design management;

(2) coordination of the civil works components;

(3) integration of the design of system components into the civil works; and

(4) the acceptance of items listed under Subdivisions (1)-(3) with regard to the facility provider's assumption of responsibility for contract compliance, performance warranties and guarantees, and other risk-related items as stipulated in the contract between the selected facility provider and the authority.

(e) Fees associated with the items listed in Subsection (d) may not exceed eight percent of final design fees unless otherwise amended by the engineer or team through allocation of a portion of the engineer or team fee to the selected facility provider for specialty design assistance.

Added by Acts 2005, 79th Leg., Ch. 1277 , Sec. 1, eff. September 1, 2005.