Sec. 2269.311. PERFORMANCE OR PAYMENT BOND. (a) A payment or performance bond is not required and may not provide coverage for the design portion of the design-build contract with the design-build firm under this subchapter.
(b) If a fixed contract amount or guaranteed maximum price has not been determined at the time the design-build contract is awarded, the penal sums of the performance and payment bonds delivered to the governmental entity must each be in an amount equal to the construction budget, as specified in the design criteria package.
(c) The design-build firm shall deliver the bonds not later than the 10th day after the date the design-build firm executes the contract unless the design-build firm furnishes a bid bond or other financial security acceptable to the governmental entity to ensure that the design-build firm will furnish the required performance and payment bonds before construction begins.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Structure Texas Statutes
Subtitle F - State and Local Contracts and Fund Management
Chapter 2269 - Contracting and Delivery Procedures for Construction Projects
Subchapter G. Building Using Design-Build Method
Section 2269.301. Contracts for Facilities: Design-Build
Section 2269.302. Applicability of Subchapter to Buildings; Exceptions
Section 2269.303. Contracts for Buildings: Design-Build
Section 2269.304. Design-Build Firms
Section 2269.305. Use of Architect or Engineer as Independent Representative
Section 2269.306. Preparation of Request
Section 2269.307. Evaluation of Design-Build Firms
Section 2269.308. Selection of Design-Build Firm
Section 2269.309. Submission of Design After Selection