(Section scheduled to be repealed on July 1, 2032)
A design-build contract may include any provisions the Transportation Agency determines are necessary or appropriate, including, but not limited to, provisions regarding the following:
- (1) compensation or payments to the design-builder;
- (2) grounds for termination of the design-build contract, including the Transportation Agency's right to terminate for convenience;
- (3) liability for damages and nonperformance;
- (4) events of default and the rights and remedies available to the design-builder and the Transportation Agency in the event of a default or delay;
- (5) the identification of any technical specifications that the design-builder must comply with when developing plans or performing construction work;
- (6) the procedures for review and approval of the design-builder's plans;
- (7) required performance and payment security;
- (8) the terms and conditions of indemnification and minimum insurance requirements; and
- (9) any other terms and conditions the Transportation Agency deems necessary.
(Source: P.A. 102-1094, eff. 6-15-22.)