Sec. 2269.363. ASSUMPTION OF RISKS. The governmental entity shall assume:
(1) all risks and costs associated with:
(A) scope changes and modifications, as requested by the governmental entity;
(B) unknown or differing site conditions unless otherwise provided by the governmental entity in the request for proposals and final contract;
(C) regulatory permitting, if the governmental entity is responsible for those risks and costs by law or contract; and
(D) natural disasters and other force majeure events unless otherwise provided by the governmental entity in the request for proposals and final contract; and
(2) all costs associated with property acquisition, excluding costs associated with acquiring a temporary easement or work area associated with staging or construction for the project.
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 H. Design-Build Procedures for Certain Civil Works Projects
Section 2269.352. Applicability
Section 2269.353. Contracts for Civil Works Projects: Design-Build
Section 2269.354. Limitation on Number of Projects
Section 2269.355. Use of Engineer
Section 2269.356. Use of Other Professional Services
Section 2269.357. Request for Qualifications
Section 2269.358. Contents of Design Criteria Package
Section 2269.359. Evaluation of Design-Build Firms
Section 2269.360. Selection of Design-Build Firm
Section 2269.361. Procedures for Combination of Technical and Cost Proposals
Section 2269.3615. Identification of Project Team
Section 2269.363. Assumption of Risks
Section 2269.364. Stipend Amount for Unsuccessful Offerors
Section 2269.365. Completion of Design