Texas Water Code 60.451 – Definitions
Terms Used In Texas Water Code 60.451
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
In this subchapter:
(1) “Architect” has the meaning assigned by § 1051.001, Occupations Code.
(2) “Contractor” in the context of a contract for the construction, rehabilitation, alteration, or repair of a facility means a sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for constructing, rehabilitating, altering, or repairing all or part of the facility at the contracted price.
(3) “Construction manager-agent” means a sole proprietorship, partnership, corporation, or other legal entity that provides consultation to the district regarding construction, rehabilitation, alteration, or repair of a facility.
(4) “Construction manager-at-risk” means a sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for construction, rehabilitation, alteration, or repair of a facility at the contracted price as a general contractor and provides consultation to the district regarding construction during and after the design of the facility.
(5) “Design-build contract” means a single contract with a design-build firm for the design and construction of a facility.
(6) “Design-build firm” means a partnership, corporation, or other legal entity or team that includes an engineer or architect and builder qualified to engage in building construction in Texas.
(7) “Design criteria package” means a set of documents prepared by a district that provides sufficient information to permit a design-build firm to prepare a response to a district’s request for qualifications and any additional information requested, including criteria for selection. The design criteria package must specify criteria the district considers necessary to describe the project and may include, as appropriate:
(A) the legal description of the site;
(B) survey information concerning the site;
(C) interior space requirements;
(D) special material requirements;
(E) material quality standards;
(F) conceptual criteria for the project;
(G) special equipment requirements;
(H) cost or budget estimates;
(I) time schedules;
(J) quality assurance and quality control requirements;
(K) site development requirements;
(L) applicable codes and ordinances;
(M) provisions for utilities;
(N) geotechnical baseline reports;
(O) parking requirements; or
(P) any other requirements, as applicable.
(8) “District” means a navigation district or port authority created or operating under § 52, Article III, or § 59, Article XVI, Texas Constitution.
(9) “Engineer” has the meaning assigned by § 1001.002, Occupations Code.
(10) “Facility” means real property, including buildings, associated structures, utilities, docks, wharves, channels, dredge material placement areas, marine terminal improvements, railroads on or adjacent to the marine terminal, roads and bridges on or adjacent to the marine terminal, and improved or unimproved land. The term also includes roads or bridges that are incidental to a larger project.
(11) “Fee” in the context of a contract for the construction, rehabilitation, alteration, or repair of a facility means the payment a construction manager-agent or construction manager-at-risk receives for the manager’s overhead and profit in performing the manager’s services.
(12) “General conditions” in the context of a contract for the construction, rehabilitation, alteration, or repair of a facility means on-site management, administrative personnel, insurance, bonds, equipment, utilities, and incidental work, including minor field labor and materials.