REQUEST for PROPOSALS for CONSTRUCTION MANAGER at RISK SERVICES Where the Construction Manager Is Also the Constructor

Home , Construction delay

REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGER AT RISK SERVICES Where the Construction Manager is also the Constructor

ONE STEP SELECTION PROCESS

ALVIN INDEPENDENT SCHOOL DISTRICT

ALVIN ISD HIGH SCHOOL # 4 PROJECT

ISSUED AUG, 7, 2018

TABLE OF CONTENTS

Cover Sheet ...... Page 1

Table of Contents ...... Page 2

Advertisement ...... Page 3

RFP Schedule Summary ...... Page 4

Selection Process ...... Page 5

Construction Manager Ranking Criteria ...... Page 6

Submission Format ...... Page 9

General Project Information ...... Page 11

Project Specific Information ...... Page 12

Pre-construction Services ...... Page 13

General Condition Fee ...... Page 14

Construction Manager’s Fee ...... Page 16

Cost of Work Items ...... Page 16

School District Expectations for CM @ Risk ...... Page 17

Proposal Forms ...... Page 19

Attachment “A” Special Owner Requirements ...... Page 21

Attachment “B” Supplementary Conditions to the A133-2009 ...... Page 26

Insurance and Bond Requirements for Contractors ...... Page 35

Prevailing Wage Rate Determination Information ...... Page 40

Supplementary Instructions to Proposers…………………………………….. Page 42

Required Supplementary Forms

Attachment “C” Proposal Evaluation Waiver ...... Page 44 Attachment “D” Felony Conviction Notification ...... Page 45 Attachment “E” Conflict of Interest Questionnaire ...... Page 46 Attachment “F” Certification of Criminal History ...... Page 47 Attachment “G” Exec Order 12459 Debarment ……………………….... Page 48 Attachment “H” Cost Form ………………………………………………… Page 49

Attachment “I” Supplementary Conditions A201-2007 ……………………… Page 50

Request for Proposals from Construction Managers at Risk (CM@R) for Alvin Independent School District’s High School # 4

Alvin Independent School District will receive Competitive Sealed Proposals for the selection of a Construction Manager at Risk for the Alvin Independent School District’s High School # 4 Project, pending final Board of Trustee approval. Selection will be based on a One Step Process, with CM@R selected based on qualifications and then proposed fees. Proposals shall be received no later than 10:00 AM on Tuesday, August 28, 2018 at Alvin Independent School Districts Administration Building Board Room, 301 East House Street, Alvin, Texas 77511. A Pre-Proposal conference will take place on Thursday, August 16, 2018 at 10:00 AM, at Alvin Independent School Districts Administration Building Board Room, 301 East House Street, Alvin, Texas 77511 The selected Construction Manager’s services shall include, but are not limited to, assisting Alvin ISD and Huckabee Architects with review of design and construction documents for constructability, cost estimating, project schedule and phasing during the pre-construction phases of the Project. The successful proposer would then provide services during construction of the Project thereafter as a Construction Manager at Risk. CM@R Proposal information packages will be made available after Tuesday, August 7th, 2018 and can be obtained from:

Huckabee Architects One Hughes Landing 1800 Hughes Landing Boulevard, Suite 701 The Woodlands, Texas 77380 (281) 520-4995 Attn: Michael Lovaglio, [email protected]

Alvin Independent School District reserves the right to waive any informality and to reject any or all Proposals.

RFQ SCHEDULE SUMMARY STEP ONE 08/05/2018 & 8/12/2018 Advertising for RFP

8/07/2018 RFP Documents Released

8/16/2018 @ 10:00 am - AISD Pre-Proposal Meeting

8/28/2018 @ 10:00 am - AISD Receipt of RFP’s and opening *

9/5/2018 CM Selection Deadline to AISD BoT Agenda

9/11/2018 @ 7PM - AISD Alvin ISD Board of Trustees to Award CM

Note:

1. This schedule is preliminary and may be modified at the discretion of the Owner.

*All proposals received by the proposal due date will be opened for the sole purpose of recording the names and the proposed fees of the Construction Manager firms submitting written qualifications.

SELECTION PROCESS

 The selection process for this project will be accomplished in a one-step process as provided in the Texas Public Education Statute, Chapter 44, Sub chapter B.

 The District will receive, publicly open, and read aloud the names of the proposers submitting a Competitive Sealed Proposal.

 After the date of opening the Competitive Sealed Proposal, the District will evaluate and rank each submission in relation to the criteria set forth in the Request for Construction Management at Risk Qualifications.

 The final selection of a Construction Manager at Risk for this project will be based on a combined evaluation of qualifications and cost of services to determine the best value to the District. The District reserves the right to waive any informality and to reject any or all Proposals.

 By submitting a proposal, the Proposer agrees to waive any claim it has or may have against the Owner, the Architect and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any proposal; waiver of any requirements under the Proposal Request and Qualification Submittal; and acceptance or rejection of any proposals; and award of the Contract.

 Submissions will be evaluated and ranked by the selection committee. The ranking is based upon the following criteria and weights:

CONSTRUCTION MANAGER RANKING CRITERIA

1.1 GENERAL A. The Owner shall use the following criteria for ranking the proposals and for designating the higher ranked Proposers with which it desires to negotiate. Upon ranking of the firms, the Owner shall enter into negotiations with the Proposer that has the lowest fee schedule and an evaluation grade of 80% or better. This Proposer will be ranked as the number one firm with each of the higher priced Construction Managers (with a score of 80% or higher) given ranking of 2nd, 3rd, 4th, etc. If negotiations are unsuccessful, the Owner may continue negotiating with Proposers in order of rank until a contract at a price acceptable to the Owner is agreed upon. The Owner reserves the right to exclude Proposers failing to achieve a minimum total score of 80% from any further consideration for negotiation. The highest ranking firm with which the Owner negotiates a contract at a price acceptable to the Owner will be deemed the Proposer offering the best value to the Owner.

Question – Criteria – Source – Scoring Procedures (Score – Factor – Total)

1 – Team Orientation – References – References are asked to evaluate the Contractor’s Teamwork on Construction Manager @ Risk Projects with emphasis on cost estimating, scheduling, and constructability of design and construction documents

10 Points per Reference 1.0 Factor 10 Total Points Available

Preferred References (minimum 5) shall be provided BY PROPOSER in Qualification Documents. ARCHITECT AND OWNER WILL NOT SELECT INITIAL REFERENCES. In addition to 5 references selected by Proposer, Owner and Architect may select additional references. Responses from multiple references are averaged and compared with references of other Proposers

2 – Quality of Work – References – References are asked to evaluate the Contractor’s Quality of Work

10 Points per Reference 1.5 Factor 15 Total Points Available

Preferred References (minimum 5) shall be listed/provided BY PROPOSER in Qualification Documents. ARCHITECT AND OWNER WILL NOT SELECT INITIAL REFERENCES. In addition to 5 references selected by Proposer, Owner and Architect may select additional reference. Responses from multiple references are averaged and compared with references of other Proposers

3 – Maintaining Schedule – References – References are asked whether or not schedules were met

10 Points per Reference 1.5 Factor 15 Total Points Available

Preferred References (minimum 5) shall be listed BY PROPOSER in Qualification Documents. ARCHITECT AND OWNER WILL NOT SELECT INITIAL REFERENCES. In addition to 5 references selected by Proposer, Owner and Architect may select additional reference. Responses from multiple references are averaged and compared with references of other Proposers

4 – Change Orders – References – References are asked to evaluate the Contractor on pricing received by Change Orders and other Proposal

10 Points per Reference 1.0 Factor 10 Total Points Available

Preferred References (minimum 5) shall be chosen BY PROPOSER in Qualification Documents. ARCHITECT AND OWNER WILL NOT SELECT INITIAL REFERENCES. In addition to 5 references selected by Proposer, Owner and Architect may select additional reference. Responses from multiple references are averaged and compared with references of other Proposers

5 – Warranty Work – References – References are asked whether or not warranty work was responded to and completed in a timely manner

10 Points per Reference 1.5 Factor 15 Total Points Available

6 – Client Satisfaction – References – References are asked whether or not they wish to work with the Contractor again

10 Points per Reference 1.0 Factor 10 Total Points Available

7 – Time in Business – AIA305 – Evaluation Team will acquire the year of establishment from the AIA305 submitted by Contractor (evaluation will be in years)

10 Points Total 1.0 Factor 10 Total Points Available

Responses will be scored as follows:

0 ≤ 1 year = 0 points +1 ≤ 3 years = 1 point +3 ≤ 5 years = 2 points +5 ≤ 8 years = 4 points +8 ≤ 10 years = 6 points +10 ≤15 years = 8 points +15 ≤ 20 years = 9 points ≥ 20 years = 10 points

8 – Experience – AIA305 – Count Number of Projects of comparable size and scope completed by Proposer’s office as Construction Manager @ Risk within last ten years. (Construction Manager to provide contact names and telephone numbers on applicable projects completed and submitted for consideration)

10 Points per Reference 1.0 Factor 10 Total Points Available

Responses are scored 1 point per project up to 10

9 – Proposed Team – Proposal and AIA305 – Resumes for proposed Project Manager and Project Superintendent will be evaluated and compared with those submitted by other Proposers

10 Points per Reference 1.5 Factor 15 Total Points Available

(Resumes) - Contractor to provide resumes and contact names and telephone numbers for references on applicable projects completed.

10 – Experience with Alvin ISD within the Past 10 Years – Proposal and AIA305 – Proposer provide to Owner a list of projects completed with Alvin ISD or its Agents.

10 Points Total 1.5 Factor 15 Total Points Available

(List of Projects) - Contractor with no experience with District will be given a score of 5. Good experience will be given a score of 6-10, bad experience will be given a score of 0-4 ______Total Possible Score 125 Percentage Score 100.00%

1.2 PROPOSERS QUALIFICATIONS PACKAGES A. In order for the Owner to properly evaluate each proposer’s qualifications, each proposer shall submit a Qualifications Package, with all required attachments and information along with Proposals. B. All Proposers shall submit two copies of AIA A305, “Contractors Qualification Statement,” and its required attachments and information, and the following: 1. A copy of each Certificate of Substantial Completion for 5 previous projects of similar scope and complexity; 2. A copy of the first page of each final pay application executed by the Architect for each of the five projects, contact names and current phone numbers of the Architect’s and Owner’s representatives for each of the five projects; 3. The resume of the proposed Project Manager, Project Superintendent, and Pre- Construction Services Team. 4. A summary addressing the 11 ranking criteria to assist the Owner in his evaluation. 1.3 PROCEDURES FOR FINAL RANKING AND NEGOTIATIONS A. Once all Contractor proposals have been scored based upon the above criteria guidelines, each total score will be converted to a percentage grade of 0%-100% by dividing the total actual score by the total possible score. The Construction Manager with the lowest proposed fee schedule and an evaluation grade of 80% or better will be ranked as the number one firm with each of the higher priced Construction Managers (with a score of 80% or higher) given ranking of 2nd, 3rd, 4th, etc. For the purpose of ranking, the Construction Manager fee schedule will be calculated by totaling the General Conditions fee percentage multiplied by the estimated Cost of Work, and the CM fee percentage multiplied by the estimated Cost of Work. In the event that no contractor receives a grade of 80% or better, the district at its option, will lower the minimum grade required in increments of 5% points as they deem to be needed and negotiate with those contractors in rank order of price.

1. NOTE: In the event that two or more contractors propose the same total price: the contractor scoring highest on Question #10 will be ranked higher. B. The Owner may make such investigations as he deems necessary and request additional information from the contractor to determine the ability of the proposer to perform the Work. The Proposer shall furnish all such information and data for the purpose as may be requested. A request for additional information by the Owner to clarify a submitted proposal shall not be considered as any form of negotiation during this evaluation process. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the Owner that such proposer is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated above. C. A committee consisting of Alvin ISD representatives and the Architect will make an initial evaluation of the proposals to determine the number one ranked firm. D. By submitting a proposal, each proposer agrees to waive any claim it has or may have against the Owner, the Architect/Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any proposal; waiver of any requirements under the Proposal Documents or the Contact Documents; acceptance or rejection of any proposals; and award of the contract.

END OF RANKING CRITERIA SECTION

SUBMISSION FORMAT FOR REQUEST FOR PROPOSALS

Submit Information listed in the following manner;

1. Submit two (2) printed copies organized in 3 ring binders and One (1) electronic PDF bookmarked in the following Tabs as One file on a flash drive.

TAB 1: PROPOSAL FORM

1. Proposal forms 2. Attachment “H” Cost Form

TAB 2: CM FEE AND GENERAL CONDITIONS

2. Provide an itemized list of General Conditions with associated line item cost that are considered as your General Conditions fee and are project specific to the AISD High School # 4 Project. Provide a separate itemized list of General Conditions with associated line item cost for the last three CM at Risk projects of similar nature to this project.

3. Provide an itemized list of the items that are considered as your CM fee and are project specific to the AISD High School # 4 Project.

Provide a separate list of additional General Condition items that should be considered during the negotiations. This list is in addition to the list provided on the following pages of this RFP. The intent of this list is for the CM to identify every expense that the CM anticipates to fully construct the project. The cost of these additional General Condition items shall not be included in your General Conditions Fee proposal, but may be negotiated after the CM is selected. After the award of the Contract and construction begins, requests for additional funding for General Condition items will be denied.

TAB 3: CONTRACTOR QUALIFICATIONS

1. Submit AIA Form 305-Contractor’s Qualification Statement

2. Submit the following required forms

 Attachment “C” Proposal Evaluation Waiver  Attachment “D” Felony Conviction Notification  Attachment “E” Conflict of Interest Questionnaire  Attachment “F” Certification of Criminal History  Attachment “G” Exec Order 12459 Debarment  Supplemental materials may be submitted under separate cover further describing the unique capabilities and experience of the firm. (The committee reserves the right to review or not to review any or some of the provided material)

3. Provide a list of all school construction projects that have been completed by your firm in the last (10) years and all projects completed for this District. Include:  Description of the project including name, cost, size  Delivery method  Contract cost and final cost  Start and substantial completion dates and date of final payment  Name of owner’s construction representative with telephone and email 9

 Name of project architect with telephone and email

4. Provide (5) Owner and (5) Architect references to contact for evaluation.  Name of owner’s construction representative with telephone and email  Name of project architect with telephone and email

5. One copy of your Safety Manual on the submitted flash drive.  Provide your WC modifier for the current year and the three previous years.  Provide your TRIR (total recordable incident rating) for each of the last three years.

Note: It is in your best interest to provide accurate and updated reference names and contact information so that we can contact references in a timely manner.

TAB 4: FIRM PHILOSOPHY & PROJECT MANAGEMENT

1. Describe the preconstruction services your firm will provide for the project and the make-up of the team responsible for providing these services

2. Describe your firm’s method of estimating costs, and for scheduling during the design and construction documents phases.

3. Describe how your firm, as Construction Manager, will perform as a team member along with the Architect and Owner to resolve issues that may arise relating to cost changes, scheduling challenges, and project closeout.

4. Describe your firm’s approach for constructing the project in response to the project schedule, site conditions, etc. Provide any specific management plans, comments, or concerns you have regarding the project.

5. How will ALVIN ISD benefit from using your firm as a Construction Manager at Risk? Why should ALVIN ISD select your firm as Construction Manager at Risk for these projects?

6. List any work that your firm typically self-performs and that which you would wish to self-perform on this project.

TAB 5: PROJECT STAFFING

1. Provide the resume of the Project Manager, Project Superintendent and Pre- Construction Services Team. Feel free to provide additional information on any other relevant team members for the project.

2. Provide a list of personnel to be utilized on the project, clearly indicating all staff involved in the project, their location (on site, home office, etc.), and how their salary is funded (I.E. CM fee or General Conditions). Information is to reflect the fees submitted in this proposal.

END OF SUBMISSION FORMAT

GENERAL PROJECT INFORMATION

 The contract shall be the Owner/Construction Manager Agreement on the AIA Document A133-2009 Edition, where the Construction Manager is also the Constructor with modifications dictated by Alvin Independent School District (Attachment A & B). The contract will be provided by the CM after the selection process is complete. Note any major exceptions / issues you would raise relative to this document.

 The Prevailing Wage Rates which have been adopted by this District, are attached herein.

 The Owner shall require the use of a standard Texas Statutory Performance Bond to guarantee the performance of the work and a standard Texas Statutory Payment Bond to guarantee the payment of the work in the amount of the initial contract sum (GMP). Each Proposer shall include as part of the percentage proposed for the General Conditions on the Proposal Form the premium cost for providing a 100% Statutory Performance Bond and a 100% Statutory Payment Bond. The bonds shall cover the faithful performance of the contract and payment of all obligations arising there under in such form as the Owner may prescribe.

 One hundred percent of all remaining balances in allowances and contingency funds will be returned to the District upon completion of the project.

 CM fees will not be charged on any self-performed work. OH & Profit should be calculated into any self-performed work and submitted 24 hours in advance of receiving sub-contractor proposals as required.

 All contract information including all actual project costs will be made available to the District or it’s agent at any time. A formal audit of the project may be conducted by an independent third party hired by the District at selected intervals during the construction phase and prior to final payment.

 The Owner shall contract separately for material testing, building envelope inspections, testing and balancing, windstorm, and 3rd party commissioning etc. per Chapter 44 of the Education Code.

 The Construction Manager shall be responsible for performing accurate background checks on all personnel to ensure that all personnel working on the project sites are suitable for working in a school environment and maintain compliance with Senate Bill 9.

 A Certificate of Substantial Completion will be issued upon such completion of each phase of the project.

END OF GENERAL PROJECT INFORMATION

PROJECT SPECIFIC INFORMATION

Project: Alvin ISD High School # 4

Location: The site location is TBD in the vicinity of Iowa Colony, Texas

Municipality: City of Iowa Colony, Brazoria County Drainage District No. 5

Scope of Work:  Construction of approximately 500,000 SF new High School campus with an approx. 2,500 student capacity.  Construction of associated athletic field and field events for a new High School campus.  Construction of new parking areas, drives, site utilities, and storm drainage / detention.  Construction of Natatorium and Auditorium.

Project Construction Budget including Cost of Work, General Conditions Fee & CM Fee:  Approximately $126,500,000

Proposed Design and Documentation Schedule:  Anticipated completion of construction documents – 5/1/2019  Award of GMP – 6/11/2019

Proposed Construction Schedule:  Start of construction – 6/24/2019  Anticipated substantial completion – 5/26/2021

Special schedule considerations:  Funding of construction is dependent upon a successful bond election – November 2018. Should a Bond election not be successful, it is at the discretion of Alvin ISD whether to pursue alternative funding sources to proceed on the established schedule or make necessary adjustments. Only pre-construction services fees may be billed should the need arise to reschedule the project prior to receiving the GMP.  All scope of work will take place on the new High School # 4 campus.

Project team consists of:  Principal Architect: Huckabee (281) 520-4995  Landscape Architect: Kudela & Weinheimer (713) 869-6987  Civil Engineer: Brooks & Sparks (281) 578-9595  MEP Engineers: CMTA (281) 419-9899  Structural Engineers: Matrix Engineers (713) 664-0130  Pool Consultant: Counsilman Hunsaker (972) 370-3740  Acoustical Consultant: BAi (512) 476-3464

END OF PROJECT INFORMATION

PRECONSTRUCTION SERVICES

The Construction Manager selected will provide the following:

1. Key project personnel shall attend regular meetings with the District and Architect to review the project status.

2. Consult with the Owner and Architect regarding site use and improvements, phasing of the construction, selection of materials, and building systems and equipment.

3. Provide review of design and construction documents and give recommendations on completeness of plans and details along with construction feasibility including estimates of alternative designs and materials, preliminary budgets and possible economies.

4. Prepare and update at prescribed intervals Project Schedule for the Architect’s review and the Owner’s approval.

5. The Construction Manager shall coordinate and integrate the Project schedule with the services and activities of the Owner, Architect, and Construction Manger. As design proceeds, the Project schedule shall be updated to indicate proposed activity sequences and duration, milestone dates for receipt and approval of pertinent information, and submittal of the Guaranteed Maximum Price proposal.

6. During the Design Development and Construction Document Preparation Phase, the Construction Manager shall prepare detailed cost estimates with supporting data at each phase for review by the Owner and Architect. The Construction Manager shall update and refine the cost estimate of 50%, 75% and 90% Construction Documents. The printing associated with the required progress prints for detailed cost estimates shall not be a part of this proposal.

7. If any estimate submitted to the Owner exceeds previously approved estimates, the Construction Manager shall make recommendations to reduce the cost of the project.

8. The Construction Manager shall recommend a schedule for procurement of long-lead time items that will constitute part of the Work and any early procurement packages as required in order to meet the Project Schedule.

9. During the preparations of the Construction Drawings and Specifications, the Construction Manager shall propose a Guaranteed Maximum Price (GMP) for the project at the 90% phase to include the General Conditions, and the Construction Manager’s Fee.

10. The CM at Risk shall have the responsibility to keep the project in budget.

11. The CM at Risk shall assist the Architect in the permitting process.

12. The CM at Risk shall fully review the contract documents for constructability and completeness.

13. The Construction Manager shall prepare spreadsheets of all quotations received and recommend to the Owner and Architect the successful Subcontractors, vendors, and suppliers who propose work for this Project.

GENERAL CONDITIONS FEE

General Conditions Fee will be calculated in the following manner:

The General Conditions Fee is to include the following items in an itemized schedule of values format (see Attachment – H Cost Form). Items not listed or shown below as General Condition Items are to be included in the Cost of Work or CM Fee. The CM will provide their fee percentage on the subcontractor and material bids, excluding overhead and profit for their General Conditions Fee on the proposal. If any discrepancies exist, Attachment - H is to be used.

General Conditions Fee is to include, but is not limited to:  Job site supervision including superintendent, assistant superintendent(s), helper(s), project manager, assistant project manager(s), and project engineer(s) if located on site. Job site personnel shall include, at a minimum, One (1) Project Superintendent, One (1) Project Manager, and (1) One Asst Superintendent under the General Conditions Fee.  Job site specific clerical, secretarial, accounting, scheduling, estimating and any other personnel stationed at the job site performing administrative work  Coordination of permits  Mobilization and de-mobilization  Project job site signage  Job site layout and field engineering  Job site Safety Engineer, Coordinator, or Inspector.  Layout equipment and material  Field office and utilities to the field office, including space for the Owner and Architect to use as a part time field office.  Field office conference room of sufficient size for project meetings on site. May be included with Contractor’s Field Office  Field office furnishings, equipment, maintenance and repairs  Office supplies and equipment  Copier, fax and small office equipment and supplies  Data processing  Storage  Gang box  Communication devices, to include project personnel cell phones.  General Clean-up (daily)  Clean-up finish areas, site, paving, and walks  Temporary protection (fire and weather)  Job site security measures, camera surveillance, and any security personnel on site.  Cost associated with Senate Bill 9 compliance, Raptor, Background checks, badging if needed.  Temporary protection (security/night watchman not included as security)  Monthly ice, water, and cups  Monthly toilet rentals  Monthly telephone, cell phones, and Broadband Internet connection (with wireless hub)  Small equipment rental

 Small equipment purchasing  Small tools purchase  Fuel and oil for on-site construction equipment  First aid  OSHA requirements and costs associated with implementation  Monthly aerial photographs with a minimum of four views from different directions  Electronically posted Record drawings of the As Built condition in a bookmarked and searchable PDF format. Only printed when finalized and approved.  Electronically created Close-out documents including O&M manuals in a bookmarked and searchable PDF format. Only printed when finalized and approved.  Printing of pre-construction and construction plans over 5 sets.  Printing of shop drawings  Vehicles, vehicle fuel, maintenance and insurance  Warranty work and coordination  Cost associated with personnel for punch list completion  Association dues  Postage and deliveries  Travel expenses (local travel only by project related personnel not permanently located at the job site) prior owner approval required  Advertising for subcontractors and vendor proposals to establish the GMP

CONSTRUCTION MANAGER’S FEE

Construction Manager’s Fee (CM Fee) is to include, but is not limited to:  Personnel to be utilized on the project if their primary location is in the home office.  One Project Manager, at a minimum, shall be assigned to the project under the General Conditions Fee  Overhead and Profit

COST OF WORK

Cost of Work is to include, but is not limited to:  Permit fees  Equipment start up and testing.  Scaffolding  Hoisting personnel  Hoisting materials  All insurance and bonds, including all risk and windstorm insurance.  Construction fence for the entire site including installation, removal, and maintenance as required to secure the construction site shall be determined by the CM.  Any other items, not listed specifically as General Conditions or CM Fee, required to complete the project per the plans and specifications.

SCHOOL DISTRICT’S EXPECTATIONS FOR CM @ RISK

The District’s expectations of the successful Construction Manager and the reasons for utilizing the CM @ Risk process are as follows:

1. The CM is to actively participate in the review of the design development and construction documents bringing forward their expertise in construction detailing, cost estimating, scheduling, constructability, etc. to the greatest extent possible for the benefit of the project and all parties.

2. CM is to be forthright in all financial matters relating to this project to the benefit of all parties.

3. Any request for subcontractor bonding will be disclosed prior to establishing the GMP and allowed only if approved in advance by the Owner.

4. There will not be a separate Construction Managers contingency.

5. Owner’s contingency amount is to be established and agreed upon up front in the GMP.

6. The CM is to actively solicit qualified and competitive subcontractors and obtain competitive sealed proposals or lump sum bids.

7. The CM is to utilize sound cost savings ideas and is expected to provide quality control construction coordination and problem solving for the benefit of the project schedule, budget, and overall quality of the finished workmanship.

8. CM is to embrace the CM @ Risk process to the greatest extent possible by keeping the best interest of the project in mind and working with each team member in a pro-active manner. Job site personnel are to understand the difference between CM@R and CSP or Low Bid contracts. The Owner expects a team-like approach on CM@R projects where the contractor’s fee is based on a fixed percentage of the Cost of Work.

9. The CM is to provide clarifications, exceptions, or concerns relating to the construction contract, insurance requirements, and project requirements in a timely manner for the betterment of the project.

10. The CM is to provide a critical path construction schedule at periodic intervals during the construction of the project and must maintain that schedule. If milestones are not being met then it is the responsibility of the CM and the expense of the CM to implement whatever means are necessary to get the project back on schedule as proposed.

Design Development

1. Review the Design Development documents with the Owner and Architect. 2. Revise and update the Critical Data Schedule sheet. 3. Prepare a site use study to be used for allocation of space for construction storage, lay down areas, parking, and temporary facilities. 4. Prepare a cash flow analysis for both the design and construction phases. 5. Complete constructability review. 6. Prepare a detailed estimate based on available design drawings in a CSI or Subcontractor bid format.

Construction Documents

1. Complete phase cost estimate in the CSI format at 50%, 75%, and 95%. 2. Complete constructability review at 50% and 95%. 3. Review the drawings and project manual relative to the bid packages and notify Owner and Architect of inconsistencies. 4. Develop bid packet requirements, phasing, and work restrictions. 5. Determine bid date and time. 6. Publish advertisement for proposals. 7. Schedule and conduct pre-bid conferences. 8. Update project budget and schedule consistent with final construction documents.

Sub-Bid Proposals and Negotiations 1. Distribute documents to plan rooms, subcontractors, and suppliers. 2. Solicit bids from subcontractors as necessary to meet the current budget. 3. Negotiate with subcontractors as necessary to meet the current budget. 4. Compile a list of subcontractors and suppliers to form a guaranteed maximum price (GMP). 5. Present the GMP to the school board for approval. 6. Scope and execute contracts with selected subcontractors and suppliers.

END OF PROPOSAL REQUIREMENTS PROPOSAL FORMS FOLLOW

ALVIN INDEPENDENT SCHOOL DISTRICT

PROPOSAL FORM FOR CONSTRUCTION MANAGER AT RISK (One Step Process)

Project: Alvin ISD High School # 4 Project

Submitted by:

Date: ______Phone: ( )______

Having examined The Proposal prepared by: ______

Dated ______the following is a breakdown of all proposed fees.

In submitting this proposal, the undersigned agrees to the following: a. Hold proposal open for acceptance 60 days. b. Accept right of Owner to reject any or all proposals, to waive formalities and to accept proposal, which Owner considers most advantageous. c. By signing, the undersigned affirms that, to the best of his knowledge, this Proposal has been arrived at independently and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over respondents in the award of this proposal.

FEE PROPOSAL

1. PRECONSTRUCTION FEE

For all preconstruction services as outlined, the lump sum amount of:

______Dollars ($______)

2. GENERAL CONDITIONS FEE

For General Conditions as outlined in the RFP, list your GC fee as a percentage of the Cost of Work. The General Conditions fee will be calculated on an estimated Cost of Work value of $126,500,000. This % should include staff and GC’s (Attachment H – Line 6 thru 88)

GC FEE: ______%

3. CM FEE

For CM Fee, list your proposed fee as a percentage of the Cost of Work (Do not add a CM Fee onto the GC Fee). The CM fee will be calculated on an estimated Cost of Work value of $126,500,000.

CM FEE: ______%

ALVIN INDEPENDENT SCHOOL DISTRICT

PROPOSAL FORM FOR CONSTRUCTION MANAGEMENT AT RISK (One Step Process)

ADDENDA

Undersigned acknowledges receipt of Addenda Nos.______

Dated ______

It is understood that the right is reserved by the Owner to reject any or all proposals, or waive any informality in proposal process.

PROPOSAL EVALUATION WAIVER

By submitting a Proposal, the Proposer indicated below agrees to waive any claim it has or may have against the Owner, Architect, Engineers, Consultants and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any proposal. The Proposer further agrees the Owner reserves the right to waive any requirements under the Proposal Documents or the Contract Documents, acceptance or rejection of any proposals, and recommendation or award of the contract.

STATEMENT OF AFFIRMATION

The undersigned affirms that he/she is duly authorized to execute this waiver by the person (s) or business entity making the proposal.

Authorized Signature

Title (Seal, if a Corporation) State whether Corporation, ______Partnership or Individual Name of Contracting Firm

______Address

______Telephone

______Date

END OF PROPOSAL FORM

Attachment A - SPECIAL OWNER REQUIREMENTS

CONTRACTOR’S INSTRUCTION MANUAL BUILDING PROGRAMS DEPARTMENT ALVIN INDEPENDENT SCHOOL DISTRICT

Revised: June 15, 2018

This manual is provided to contractors who perform services for Alvin ISD. Responsibility for compliance and education of the contractor’s staff, suppliers, and subcontractors is a contractual obligation of the individual or company with whom Alvin ISD has contracted to perform the work and services (here after referred to as contractor or prime contractor).

The contractor will be required to acknowledge receipt and understanding of this document prior to moving onto any Alvin ISD site or property and beginning work.

A. Contractor’s Safety Program

The prime contractor will have a written safety program that is communicated and enforced with construction personnel during the course of performing the contract or services. A written copy of the program will be provided to AISD.

As part of the contractor’s safety program education, the contractor will be responsible for and ensure that all construction workers, subcontractors, suppliers, etc are made aware of AISD’s safety requirements and instructions as included herein.

B. General Requirements

1. All construction related personnel are to confine their activities to their specific job work areas. There will be no loitering or access to unauthorized areas of the campus or facility. Use of AISD toilet facilities, cafeteria, or vending areas by construction personnel is prohibited. 2. Potentially hazardous work areas and excavations are to be secured and provided with warning signs, fencing, shoring, shields, guard rails or other adequate protection and warning signage consistent with acceptable standards of safety and as dictated by law. 3. All contractor equipment and tools on AISD facilities must have designed safety guards and accessories intact, functional, and in use. Equipment or devices whose safety certification has been damaged or compromised will not be used or brought onto AISD job sites. 4. It is the obligation and responsibility of the Prime Contractor, their subcontractors, and all related construction personnel to practice appropriate safety techniques to protect the health and well being of themselves, their co- workers, AISD staff, and students. 5. It is the obligation and responsibility of the Prime Contractor to insure that all State and Federal laws pertaining to criminal history checks are met in order to insure that any on-site job related employee is cleared to be on an Alvin ISD facility that may be occupied with students. 6. Radios, cassette players, jam boxes, etc that broadcast music publicly are not allowed.

C. Drugs and Alcohol

Illegal drugs and intoxicants are explicitly excluded from access or use on any Alvin ISD owned or controlled property. Those in possession or under the influence of illegal drugs or intoxicants are specifically excluded from access to any AISD property or facility. 21

Violation will result in immediate removal from AISD property and prosecution as appropriate

D. Weapons and Firearms

Weapons and firearms, as defined by Alvin ISD Police Department, are strictly prohibited from access onto AISD property or facilities. Violation of this requirement will result in immediate removal from AISD property and prosecution as appropriate.

E. Tobacco Products

Use of tobacco products is not permitted on AISD property (including the perimeter of the property). Failure to comply with this requirement may result in the violator being removed from AISD property and exclusion from future access to AISD properties.

F. Dress Code and Conduct

At all times, construction personnel will be held accountable for wearing appropriate attire. More specifically, no clothing will be allowed on AISD properties that in the view point of AISD Administration or Police Department is outside the limits of acceptable standards for this school district. Specifically excluded are items of clothing that contain wording or graphics that may be viewed as offensive.

Shirts, long pants, and hard soled closed toed shoes will be worn at all times.

Loud, boisterous, and/or profane language will not be allowed.

Unauthorized interaction with AISD staff or students will not be tolerated. Any action by construction personnel that may be interpreted by AISD’s Administration or Police Department as harassing, offensive, teasing, annoying, or nuisance toward any student or staff member will result in immediate removal, permanent suspension of the offender from school property, and follow up prosecution if justified.

Courtesy and consideration of AISD staff and students by construction personnel is mandated and expected at all times.

When working on or around areas that are occupied and operational by AISD, care and consideration will be given to minimizing disruptions such as noise, dust, housekeeping, and any disruption of utilities that may impact ongoing AISD school or business operations.

G. Emergency Situations, Accidents, and Injuries

All situations that result in accidents, near accidents, injuries, or loss must be reported to AISD. As soon as emergency circumstances allow, the supervisor for the prime contractor must notify AISD Building Programs or the Maintenance Department of the occurrence. A written report must follow within 2 business days of the mishap. Included, as Attachment A is a listing of AISD emergency phone numbers.

H. Hazardous Communications Program

The contractor must have in place an effective HazCom program that complies with Federal Guidelines and Occupational Safety and Health Administration regulations. All contractors and subcontractors must provide a Workplace Chemical List (WPCL) and Material Safety Data Sheets (MSDS) on site for each chemical they expect to use during the construction project. Chemicals needing to remain on site must be stored according to MSDS guidelines. 22

Care should be taken to control use and reduce the quantity of on site hazardous materials.

I. Housekeeping and Debris Removal

The contractor is required to keep the entire project area clean and free from accumulation of excess debris at all times. Trash and debris must be managed to contain it on site and confined to the dedicated construction area. Trash will be controlled to eliminate objectionable and unsightly conditions and disposed of in a proper and timely manner. Public roads, parking, walks, etc. will be kept clear of mud and water. This section also pertains to the grounds keeping of all areas within the construction site and/or under the control of the contractor. All grass areas shall be routinely maintained to provide a neat appearance. This includes but is not limited to weed control around all fenced areas.

J. Parking, Staging, and Lay Down Areas

During construction, the contractor will be assigned and limit their activity to use of designated areas only. In no case will contractor personnel be allowed to park vehicles randomly in AISD staff or student parking spaces. The approved areas for parking, staging, and lay down will be defined during the preconstruction conference.

K. Disruptions to Utilities, Equipment, Roadways, and Building Safety Features

The availability of utilities, equipment, access roadways, and building safety features all work to insure safe and productive operation of Alvin ISD’s plant and facilities. Consistent with that is the need to manage and plan any disruption to the use of these items. Therefore, shutdowns must be requested, planned, and approved well in advance to minimize disruption to AISD’s operations. 1. Utilities and equipment: May be shut down and disrupted only when approved, scheduled, and planned in advance with AISD Maintenance Dept. 2. Fire alarms and sprinklers: May be shut down or disrupted only when approved, scheduled, and planned in advance with AISD Maintenance Dept. 3. Roadways and building access: may be shut down and disrupted only when approved, scheduled, and planned in advance with AISD Administration, Police, and Transportation departments.

L. Asbestos

Alvin ISD will endeavor to identify and/or remove or encapsulate any known asbestos containing materials within a project area prior to beginning a construction project.

In the event that any construction personnel encounter any materials suspected of being asbestos containing, they will immediately stop construction activity that would further disturb the ACM and notify AISD’s Project Manager. No further work should commence that would disturb the potential ACM or expose any workers or building occupants to risk of exposure until AISD has acted and authorized the work to commence.

At the completion of the project and as part of the contract close out, the prime contractor will provide a “Certificate of Asbestos Free Construction” Certifying that all products installed in the project within the scope of this contract are indeed asbestos free.

M. OSHA and EPA Compliance

In all cases, the contractor, his subcontractors, suppliers, and construction personnel will comply with any and all laws and regulations as set forth by the Occupational Safety and 23

Health Act and the Environmental Protection Agency. The prime contractor is responsible for enforcing these regulations and guidelines at all times. Failure to comply may be cause for cessation of work and termination of the contract.

N. Schedule for Completion

The contractor will include within their contract days an appropriate number of lost days due to average inclement or adverse weather conditions. Only weather related days that exceed the 5 year average for the number of days with ½ inch or greater rainfall as measured by the National Weather Service for the greater Houston area will be granted as extra contract time. No more than one mud day will accompany each rain day for the duration of the contract. Months containing less than the average rainfall will be credited back to the job schedule. Maintaining the site drainage and dewatering are the responsibility of the prime contractor and not valid reason for construction delay.

O. Warranty Work

AISD utilizes a Warranty Work Order Request Form to notify the contractor of items needing attention that may be covered under the contractual warranty periods; this will also include any manufacturers extended warranties. At the owner’s discretion, the first point of contact will always be the General Contractor whose responsibility will be to make any necessary contacts to subcontractors and/or manufacturers to initiate and facilitate the warranty claims process. Coordination of facility availability and access by subcontractors will be handled through the General Contractor. These requests are typically faxed to the contractor and will be marked as to the level of urgency each repair may warrant. AISD personnel will assign this level of urgency to each request depending upon the needs of the campus staff or students. There are three levels of urgency, each corresponding to an expected response time. Emergency: Immediate Response Urgent: Next Business Day Normal: Within 3 Business Days. Included on each Warranty Work Order Request will be a description of the needed repair along with any special working conditions or remarks that the contractor may need to be made aware of. Once the repairs have been completed, the request will need to be signed by the contractor’s representative as well as initialed by an AISD representative that has accepted the repairs. Preferably this would be the person whose name appears on the form as having initiated the request. This completed form will then need to be faxed or returned back to an AISD Building Programs Dept. representative. Completion of this process in its entirety is what will be considered as acceptable completion of a Warranty Work Order Request. If the contractor fails to respond in a timely manner or if safety, security, or well being of the building or its occupants is at risk, AISD reserves the right to complete the warranty work order at the expense of the prime contractor.

EMERGENCY CONTACTS FOR ALVIN I.S.D.

AISD Police – 281 331-2320

BUILDING PROGRAMS DEPARTMENT

Bill VanWagner – Director of Building Programs Office: 281-245-2555 Cell: 281 299-6496 E-mail: [email protected]

Michael Barns – Asst Director of Building Programs Office: 281-245-2176 Cell: 832-621-5935 E-mail [email protected]

Julianne Black – Project Manager Office: 281-245 2334 Cell: 832-621-5374 E-mail: [email protected]

Hector Menendez – Project Manager Office: 281- 245-2190 Cell: 281 253-7140 E-mail: [email protected]

Rudy Santos – Project Manager Office: 281-245-2524 Cell: 281-824-2778 E-mail: [email protected]

MAINTENANCE AND CUSTODIAL OPERATIONS

David Bolton – Director of Maintenance & Custodial Operations Office: 281-331-1393

Matt Deveau – Asst Director of Maintenance Office: 281-245-3263 Cell: 281-245-5434

Johnny Mancha – Building Maintenance Manager Office: 281-245-2924 Cell: 281-380-9713

Charles Krampota – Mechanical Systems Manager Office: 281-245-2926 Cell: 281-380-5143

Ruben Aguirre – Custodial Operations Manager Office: 281-245-2912 Cell: 832-492-4379

END OF SECTION

ATTACHMENT “B” SUPPLEMENTARY CONDITIONS TO AIA DOCUMENT A133 – 2009 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AS CONSTRUCTOR WHERE THE BASIS OF PAYMENT IS THE COST OF WORK PLUS A FEE WITH A GUARANTEED MAXIMUM PRICE

OWNER: ALVIN INDEPENDENT SCHOOL DISTRICT CONSTRUCTION MANAGER: ______PROJECT: ______

ARTICLE 1 GENERAL PROVISIONS

§ 1.2 RELATIONSHIP OF THE PARTIES

Delete the first sentence of Section 1.2 in its entirety and substitute the following:

“The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s best skills and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to use the Construction Manager’s best efforts to perform the Work in an expeditious and economical manner consistent with the Owner’s interests.”

§ 1.3 GENERAL CONDITIONS

Add the following Section:

§ 1.3.1 To the extent any provision in these Supplementary Conditions to AIA Document A133-2009 General Conditions conflicts with any Supplementary Conditions issued by the Architect in the Specifications or the Project Manual; these Supplementary Conditions to AIA Document A133-2009 General Conditions shall control.

ARTICLE 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES

Add the following sentence at the end of the introductory paragraph for Article 2:

“Unless advised otherwise by the Construction Manager, both the Superintendent and the Project Manager shall be authorized to represent the Construction Manager with respect to the Project.”

§ 2.1.1 PRELIMINARY PROJECT SCHEDULE

Add the following sentence at the end of Section 2.1.1:

“In cooperation with the Architect initial conceptual design, the Construction Manager shall prepare a detailed written report to the Owner setting out an initial cost estimate based on the Owner’s Education Specifications, using industry research, estimated quantities and labor costs, and shall participate in a meeting with the Owner’s team and the Architect to review an discuss the conceptual design and initial cost estimate.”

§ 2.1.3 PRELIMINARY PROJECT SCHEDULE

Delete the fourth sentence of Section 2.1.3 and substitute the following:

“The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; milestone dates for receipt and approval of pertinent information; preparation and processing of shop drawings and samples; ordering and delivery of products, material and equipment, including those that must be ordered well in advance of construction; the occupancy requirements of the Owner, including any portions of the Project having occupancy priority; and the proposed date of Substantial Completion.”

§ 2.1.5 PRELIMINARY COST ESTIMATES

Delete Section 2.1.5.2 and substitute the following:

“As the Architect progresses with Schematic Design Documents, Design Development Documents, and Construction Documents, the Construction Manager shall prepare and update, prior to presentation of each phase of design to the Owner’s Board of Trustees, a more detailed estimate of the cost of the work, of increasing detail and refinement. Such estimates shall be submitted for the Architect’s review and the Owner’s approval. The Owner will not proceed with the next stage of design until the detailed cost estimate is within the Owner’s predetermined budget for the Project. If any estimates submitted to the Owner exceed previously approved estimates, the Construction Manager shall make recommendations to the Owner and Architect to reduce the costs of the Project.”

Add the following Section 2.1.5.3:

§ 2.1.5.3 The Construction Manager shall, before Construction Documents are finalized and approved by the Owner, and before subcontractor bids or proposals are solicited for portions of the work, carefully study and compare the various contract documents relative to each portion of the work, as well as the information furnished to Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to each portion of the work, and shall observe any conditions at the site affecting it.

§ 2.1.6 SUBCONTRACTORS AND SUPPLIERS

Delete the text of Section 2.1.6 in its entirety and substitute the following:

.1 For all elements of the Work, the Construction Manager must obtain the Owner’s written approval of the packaging of the scope of work for trade contractors or subcontractors, prior to publicly advertising for bids or proposals from trade contractors or subcontractors.

.2 The Construction Manager shall publicly advertise, in accordance with Chapter 2269 of the Texas Government Code, and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the Work other than the minor work that may be included in the general conditions. The Construction Manager may seek to perform portions of the Work itself if the Construction Manager, however, the Construction Manager must submit its sealed bid or proposal, for those portions of the Work, in the same manner as, but prior to, all other trade contractors or subcontractors. The Owner may, at its discretion, permit the Construction Manager to perform portions of the work, but only if the Owner determines that the Construction Manager’s bid or proposal provides the best value for the Owner, and that adequate competition for such portions of the work were achieved through the advertising process. The Owner reserves the right to have an outside estimator review and evaluate all proposals for portions of the work for which the Construction Manager competes, prior to making a decision on such proposals, and further

reserves the right to accept any proposal that Owner determines is in the best interest of the Owner.

.3 The Construction Manager and the Owner’s representative shall review all trade contractor or subcontractor bids or proposals in a manner that does not disclose the contents of the bid or proposal during the selection process to a person not employed by the Construction Manager, engineer, the Architect or the Owner. For portions of the work that the Construction Manager seeks to self perform, only the Architect and Owner shall open and review such proposals. All bids or proposals shall be made public after the award of the contract or within seven days after the date of final selection of bids or proposals, whichever is later.

.4 If the Construction Manager reviews, evaluates, and recommends to the Owner a bid or proposal from a trade contractor or subcontractor but the Owner requires another bid or proposal to be accepted, the accepted bid or proposal shall be the one used to generate that Guaranteed Maximum Price.

Delete the first sentence of Section 2.1.7 and substitute the following:

“The Construction Manager shall prepare, for the Architect’s review and the Owner’s acceptance, a procurement schedule for items that must be ordered well in advance of construction as required to meet the Project schedule.”

§ 2.1.8 EXTENT OF RESPONSIBILITY

Delete the last sentence of Section 2.1.8 and substitute the following:

“The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect or Owner may require.”

§ 2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME

Delete the text of Section 2.2.1 in its entirety and substitute the following:

§ 2.2.1 The parties hereto agree that, when the Drawings and Specifications for the construction of the entire Work of the Project, including all agreed-upon pre-construction packages (if any), are sufficiently complete, and all subcontractor bids or proposals have been received and evaluated, the Construction Manager shall propose a maximum sum of the Cost of the Work, including the Construction Manager’s General Conditions Costs as provided herein, the contingencies described in Section 2.2.4, and the Construction Manager’s Fee that, upon acceptance by the Owner, the Construction Manager will guarantee not to exceed, subject only to those additions and deductions by changes in the Work as provided in the Contract Documents. Given the Construction Manager’s role of participation in all phases of design, estimating, scheduling and development of final Construction Documents, no Change Orders shall be allowed for unforeseen or changed conditions, except for subsurface conditions not discovered or reported by the Owner’s geotechnical engineer, changes in conditions required by any permitting or regulatory agencies, scope changes requested by Owner, or concealed conditions not foreseeable or discoverable by the Construction Manager using reasonable means prior to the Construction Phase.

Delete the text of Sections 2.2.3.3 and 2.2.3.4 in their entirety and substitute the following:

.3 The proposed Guaranteed Maximum Price, including only the items set forth in Section 2.2.3.6 below.

.4 The Date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based, together with such Interim Completion Dates made a part thereof, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based.

.5 The date by which the Owner must accept the Guaranteed Maximum Price.

.6 Notwithstanding any other provision, the Guaranteed Maximum Price shall be the sum of the following: a. A not to exceed amount for the cost of the work; b. A not to exceed amount of the Construction Manager’s General Conditions Costs; c. the Owner’s Contingency (to be expended only upon Owner written approval); d. A not to exceed amount for the Construction Manager’s Fee, which may not be calculated or included on any work performed by the Construction Manager’s own forces; and e. Allowances, if any, as approved by the Owner.

Add the following sentence to the end of Section 2.2.4:

“Notwithstanding the foregoing, overruns of actual Cost of the Work beyond Construction Manager’s Contingency shall not affect the Guaranteed Maximum Price, and shall not be the basis for a Change Order, unless otherwise agreed to in writing by the Owner.”

Add the following sentence to the end of Section 2.2.9:

“Since the Owner is a tax exempt entity, no sales tax or other tax from which the Owner is exempt shall be included in the proposal or any portion of the Cost of the Work, except where required by law.”

Add the following Sections:

§ 2.2.10 The Construction Manager and the Owner agree and acknowledge that the cost of certain portions of the Work may be incapable of exact determination at the time that the Guaranteed Maximum Price is established and accepted by the Owner. In such event, the Construction Manager and the Owner will establish reasonable estimates of these costs based upon availability of information for such portions of the Work. Such estimates are herein called “Allowances” and, if established by the parties as provided herein, will be shown in the Schedule of Values and clearly identified therein as “Allowances” and subject to Section 3.8.2 of A201™-2007. Allowances, if any, are to be enumerated on a List of Allowances set out at the time the Guaranteed Maximum Price is established. Expenditures from Allowances require the Owner’s prior written authorization. The balance of any Allowances remaining at the end of the Project shall be credited back to the Owner, along with any Construction Manager’s Fee that had been included in the Guaranteed Maximum Price on such allowance amounts.

§ 2.2.11 The Construction Manager and the Owner agree and acknowledge that there will be certain minor unforeseen conditions or minor scope changes for which the Construction Manager may be entitled to additional compensation. To cover such events, the Owner may establish an “Owner’s Contingency” which shall be shown in the Schedule of Values and clearly identified therein as “Owner’s Contingency” and subject to Section 3.8.2 of A201™-2007. Owner’s Contingency shall be included in the Guaranteed Maximum Price. Expenditures from Owner’s Contingency require the Owner’s prior written authorization. The balance of any Owner’s Contingency remaining at the end of the Project shall be credited back to the Owner, along with any Construction Manager’s Fee that had been included in the Guaranteed Maximum Price on such contingency amounts.

§ 2.3 CONSTRUCTION PHASE

§ 2.3.2 ADMINISTRATION

Delete the text of Section 2.3.2.1 in its entirety and substitute the following:

§ 2.3.2.1 Those portions of the Work that will not be performed with the Construction Manager’s personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager.

Replace the last sentence of Section 2.3.2.7 with the following:

“The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect at regular intervals, but in any event not less often than monthly.”

ARTICLE 3 OWNER’S RESPONSIBILITIES

§ 3.2 OWNER’S DESIGNATED REPRESENTATIVE

Delete the text of Section 3.2 in its entirety and substitute the following:

“The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. All parties acknowledge that only the Board of Trustees for the Owner, acting as a body corporate, has the authority to bind the Owner with respect to all matters requiring the Board’s approval under School District Board Policy, including without limitation, Changes in the Work. Except as otherwise provided in Section 4.2.1 of A201™-2007, the Architect does not have authority to bind the Owner with respect to matters requiring the Owner’s approval or authorization. The term “Owner” means the Owner or the Owner’s authorized representative, whom the Owner shall designate in writing, and who shall have limited authority to make decisions on behalf of the Owner concerning estimates and schedules, and shall render such decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager.

§ 3.3 ARCHITECT

Delete the text of Section 3.3 in its entirety and substitute the following:

“The Owner shall retain an Architect to provide services, duties and responsibilities according to an agreement between Owner and Architect executed by such parties, including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement. Such services shall be provided in accordance with time schedules agreed to by the Owner, Architect and the Construction Manager. Upon request, the Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to such agreement.”

ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES

§ 4.2 PAYMENTS

Delete the second sentence of Section 4.2.2 in its entirety and substitute the following:

“Amounts paid thirty (30) days after the invoice date shall bear interest at the rate of 6% per annum.”

ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES

Insert the following text at the end of Section 5.1.2:

“The Construction Manager’s overhead and profit attributable to increases in the Cost of the Work, as evidenced by executed Change Order(s) identifying the same, shall not exceed the percentage of the Construction Manager’s Fee, and no markup shall be allowed on self- performed work”

Insert the following text at the end of Section 5.1.3:

“A Subcontractor’s overhead and profit attributable to increases in the cost of its portion of the Work, as evidenced by executed Change Order(s) identifying the same, shall not exceed the amounts set forth in Article 7 of the A201.”

Delete the text of Section 5.1.4 in its entirety and substitute the following:

§ 5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed eighty percent (80%) of the standard rate paid at the place of the Project, as set forth in and subject to the provisions of Section 6.5.2.

§ 5.3 CHANGES IN THE WORK

Delete the third sentence of Section 5.3.1 in its entirety and substitute the following:

“Subject to the Owner’s consent for minor changes which may affect the Contract Time, the Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201™-2007, General Conditions of the Contract for Construction, as amended by the Owner.”

ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.2 LABOR COSTS

Delete the text of Sections 6.2.1 and 6.2.2 in their entirety and substitute the following:

§ 6.2.1 Wages of construction workers, excluding bonuses, directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner’s prior written agreement, at off-site workshops.

§ 6.2.2 Wages or salaries, excluding bonuses, of the Construction Manager’s supervisory and administrative personnel when stationed at the site with the Owner’s prior written agreement, and only to the extent that such personnel perform supervisory or administrative work directly related to the Project, or other personnel as agreed to in writing by the parties in the Contract Documents.

Insert the following sentence at the end of Section 6.2.3:

“The only personnel reimbursable hereunder are the personnel set out in writing in the Contract Documents and the Construction Manager’s Proposal.”

Delete the text of Sections 6.2.4 and 6.2.5 in their entirety and substitute the following:

§ 6.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations not to exceed the Construction Managers current standard written personnel policy, and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3.

§ 6.2.5 Profit sharing and incentive compensation paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner’s prior written approval.

§ 6.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS

Delete the text of Sections 6.5.2 and 6.5.5 in their entirety and substitute the following:

§ 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers, that are rented from unrelated third parties or furnished from the Construction Manager’s own stock and provided by the Construction Manager at the site, plus costs of transportation, installation, minor repairs, dismantling and removal thereof. Rates and quantities of equipment rented or furnished by Construction Manager shall be subject to the Owner’s prior written approval. The Cost of the Work described in this subsection shall include only straight rental costs and will not include any costs associated with the purchase of, or an option to purchase, the machinery or equipment. With respect to items furnished from Construction Manager’s own stock, the cost to be included shall be 80% of current rental rates as set forth in the Compilation of Nationally Accepted Rental Rates of the Associated Equipment Dealers. If the cost is to be determined by such rental rates, it shall be determined by multiplying the applicable rate, for the period the equipment is used, times the applicable period such equipment is used in prosecuting the Work. Above-normal maintenance, capital improvements and overhauls are not chargeable to Owner. The total rental cost of any Construction Manager-owned item may not exceed the purchase price of any comparable item.

§ 6.5.5 That portion of the reasonable travel and subsistence expenses of the Construction Manager’s supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work in accordance with the Construction Manager’s current standard written policy for travel reimbursement. Such expenses, together with the method of calculating reimbursable travel and subsistence expenses incurred by employees of the Construction Manager must receive written approval in advance from the Owner.

Insert the following sentence at the end of Section 6.5.6:

“Such costs, to be reimbursable, must comply with Section 9.3.2 of AIA Document A201™- 2007 General Conditions.”

Add the following Sections 6.5.7 and 6.5.8:

§ 6.5.7 Costs of all temporary utilities to the project, including electricity, gas and water paid for by the Construction Manager as stated in Construction Manager’s Proposal.

§ 6.5.8 Costs of all information technology required on the project, including computers, DSL connections, air cards and all other necessary accessories paid for by Construction Manager as stated in Construction Manager’s Proposal.

§ 6.6 MISCELLANEOUS COSTS

Add the following sentence at the end of Section 6.6.1:

“If the Construction Manager requires Subcontractors to furnish or maintain payment and/or performance bonds or subcontractor default insurance, the cost of such bonds or insurance to the Construction Manager or any Subcontractors shall not be included in the Cost of the Work or the General Conditions, but shall be at the Construction Manager’s own expense, unless otherwise approved in writing in advance by Owner.”

Delete the text of Section 6.6.2 in its entirety and substitute the following:

§ 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable, except those taxes which the Owner is not required to pay under applicable law.

Delete the text of Section 6.6.8 in its entirety.

§ 6.7 OTHER COSTS AND EMERGENCIES

Delete the text of Section 6.7.3 in its entirety and substitute the following:

§ 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility of the Construction Manager, a Subcontractor or a supplier, and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance, sureties, Subcontractors, suppliers or others.

§ 6.8 COSTS NOT TO BE REIMBURSED

Insert the following Sections 6.8.1.9, 6.8.1.10, 6.8.1.11 and 6.8.1.12:

.9 Except as provided in Section 6.7.3, costs to repair defective Work and other costs to comply with Contractor’s warranty obligations under the Contract. .10 Subject to and as limited by Section 9.3.3 of the AIA Document A201™-2007, costs and expenses arising from Construction Manager’s indemnity obligations, including without limitation, Construction Manager’s costs and expenses in removing or defending against a mechanic’s lien or surety bond claim asserted against the Owner and/or its property or the Construction Manager. .11 Costs incurred in the submission process relating to the Request for Proposals issued by the Owner. .12 Rental costs or lease payments for vehicles used solely for commuting, together with any and all automobile liability premiums.

Add the following sentence to the end of Section 6.11:

“The Owner shall have a continued right to audit such records for the entire retention period.”

ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES

Delete the text of Section 7.2.3 in its entirety.

ARTICLE 8 INSURANCE AND BONDS

Add the following to the end of Article 8:

“The Construction Manager shall deliver the required bonds to the Owner not later than the 10th day after the date the Construction Manager executes the Contract unless the Construction Manager provides some other form of security acceptable to the Owner.”

ARTICLE 9 DISPUTE RESOLUTION

The only method to be marked in Section 9.2 shall be Litigation in a court of competent jurisdiction.

ARTICLE 10 TERMINATION OR SUSPENSION

§ 10.1 TERMINATION PRIOR TO ESTABLISHMENT OF THE GUARANTEED MAXIMUM PRICE

Delete the last sentence of Section 10.1.3 in its entirety. In the event of termination for convenience prior to establishment of the Guaranteed Maximum Price, the Construction Manager shall only be entitled to payment for pre-construction services, not to exceed the amount set forth in Section 4.1.2.

§ 10.2 TERMINATION SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE

Delete the text of Section 10.2.2 in its entirety and substitute the following:

§ 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of AIA Document A201™-2007 shall not exceed the amount the Construction Manager would otherwise have received under Section 10.1.2 and 10.1.3 above. The Construction Manager shall not be entitled to any Fee, profit, overhead or other compensation for work not yet performed, or other damages excluded under the Contract.

ARTICLE 12 SCOPE OF THE AGREEMENT

Add the following documents to Section 12.2.5:

- Supplementary Conditions to AIA Document A133-2009 prepared by Owner; - Exhibit A to the A133, Standard Insurance Requirements; and - Supplementary Conditions to AIA Document A201-2007 prepared by Owner.

These Supplementary Conditions are entered into as of the date indicated on the AIA/AGC Standard Form of Agreement.

OWNER: CONTRACTOR:

By: ______By: ______

______(Printed Name and Title) (Printed Name and Title)

INSURANCE AND BOND REQUIREMENTS FOR CONTRACTORS

Unless expressly stated to the contrary, the provisions below are intended to supplement the Contract Documents; rather than replacing any portion thereof.

1. GENERAL 1.1 The Owner hereby requires that the following insurance requirements be met in connection with the Construction Contract or the Professional Services Contract, as applicable (the “Contract”): .1 No Work shall be commenced until all requirements of this Exhibit have been approved by the Owner in writing. .2 All insurance policies and certificates required hereunder shall be in form and content satisfactory to Owner. .3 The Owner shall be furnished an ACORD form Certificate of Insurance evidencing all policies and endorsements required by this Exhibit prior to execution of the Contract. .4 Each insurance coverage/policy shall contain a provision that at least sixty (60) days prior written notice shall be given to the Owner in the event of cancellation, material change, or non-renewal. .5 Insurance shall be underwritten by a company licensed to do business in Texas, satisfactory to Owner and rated not less than A- X by A.M. Best. .6 The insurance coverages and bonds specified herein shall be maintained at all times during the term of the Contract and insurance coverages (excluding builder’s risk) shall be maintained for a minimum of one (1) year thereafter, subject to the approval of the Owner. .7 No deletions/exclusions from the standard coverage form are allowed without the prior written consent of the Owner. .8 All insurance except Professional Liability must be issued on an occurrence basis. .9 The Owner reserves the right to review the insurance requirements during the effective period of any Contract to make reasonable adjustments to insurance coverages and limits when deemed reasonably prudent by Owner based upon changes in statutory laws, court decisions or potential increase in exposure to loss. .10 The Contractor or Professional (hereinafter defined), as applicable, shall be responsible for all deductibles; the Owner shall approve the deductibles selected. .11 With the exception of excess umbrella coverage, the coverage afforded by each carrier must be primary over any other applicable insurance. .12 In addition to certificates of insurance, copies of policy endorsements must be provided (a) listing the Owner as Additional Insured, and (b) showing waivers of subrogation in favor of the Owner.

INSURANCE AND BONDS

The Contractor shall purchase and maintain, in a company or companies licensed to do business in the state in which the project is located, such insurance as will protect him, the Owner, and Architect, from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract, whether such operations be by himself, or by any Sub-Contractor, or be anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable (Sub-paragraphs .1 through 7 shall remain unchanged). Contractual liability shall be the same limits as #2 under 11.1.2 below.

Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: 1. Premises operations 2. Independent Contractor's Protective 3. Products and Completed Operations 4. Contractual-Including Specified Provisions for the Contractor's Obligations under Paragraph 3.18 5. Owned, Non-Owned and Hired Vehicles 6. Broad Form Coverage for Property Damage 7. Personal Injury

The insurance required by sub-paragraph 11.1.1 shall be written for not less than any limits of liability indicated below. 1. a. Workmen's Compensation - Statutory b. Employer's Liability $1,000,000.00 2. Comprehensive General Liability a. Bodily Injury: Each Occurrence $1,000,000.00 Aggregate $2,000,000.00 b. Property Damage: Each Occurrence $1,000,000.00 Aggregate $2,000,000.00 -or- c. Combined Coverage Limit $1,000,000.00 3. Automobile Liability a. Bodily Injury: Each Person $1,000,000.00 Each Occurrence $1,000,000.00 b. Property Damage: Each Occurrence $1,000,000.00 -or- c. Combined Coverage Limit $1,000,000.00 4. Independent Contractors Liability - Same limit as #2 above. 5. Products and Completed Operations - Same limits as #2 above, commencing with issuance of final certificate of payment and remaining in effect for one (1) year. 6. Property Damage Liability Insurance will provide X, C and U coverage, as applicable. 7. Umbrella Excess Liability - $10,000,000.00

Furnish one copy of certificates herein required for each copy of the agreement; specifically set forth evidence of all coverage required.

The form of the certificate shall be AIA Document G715 and ACORD form 25-S. Furnish to the owner copies of any endorsements that are subsequently issued amending coverage or limits.

WORKERS' COMPENSATION INSURANCE COVERAGE

A. Definitions:

Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project ("subcontractor" in paragraph 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to the project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project.

C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

E. The contractor shall obtain from each person providing services on a project, and provide the governmental entity:

(1) certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

(2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas 37

Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;

(2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(4) obtain from each other person with whom it contracts, and provide to the contractor:

(a) a certificate of coverage, prior to the other person beginning work on the project; and

(b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

(7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.

J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.

PROPERTY INSURANCE

The Contractor shall purchase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. Such insurance shall be in a company or companies against which the Owner has no reasonable objection. This insurance shall include the interests of the Owner, the Contractor, Sub-Contractors and Sub-Subcontractors in the Work and shall insure against the perils of fire and extended coverage and shall include "All Risk" insurance for physical loss or damage including, without duplication of coverage, windstorm, theft, vandalism and malicious mischief. If not covered under the All Risk insurance or otherwise provided in the Contract Documents, the Contractor shall effect and maintain similar property insurance on portions of the Work stored off of the site or in transit when such portion of the Work are to be included in an application for payment under Sub-paragraph 9.3.2. If this insurance is written with stipulated amounts deductible under the terms of the policy, the contractor shall pay the difference attributable to deductions in any payments made by the insurance carrier or claims paid by this insurance.

Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Paragraph 11.3. 38

PERFORMANCE BOND AND PAYMENT BOND

CONTRACT SECURITY: Performance and Payment Bonds shall be required for all work where the Contract exceeds $25,000.00. After award of contracts by Owner, the successful Bidder, at Bidder's expense, must deliver to the Owner an executed Performance and Payment Bond in an amount of 100% of the accepted bid as security for the faithful performance of the Contract and payment of all persons performing labor and furnishing materials in connection with this Contract. Bonding Company must be licensed, listed, and approved in the State of Texas (State Board of Insurance). Bonding Company shall provide such other information as necessary to document net worth, stability, total bonding capacity, and projects under coverage, etc., with adequate financial capacity for this Project. If the Contract sum exceeds the underwriting limitation of the Surety on the most recent list of acceptable sureties, the Contractor shall provide the Owner with evidence that the excess is protected by re- insurance or co-insurance in a form and amount acceptable to the Owner. Such bonds shall meet the requirements of Chapter 2253 of the Texas Government Code.

PREVAILING WAGE RATES

GENERAL A. Requirements: 1. Pay not less than the minimum wage scale and benefits indicated on the "Prevailing Wage Rates" schedule provided herein. 2. Wages listed are minimum rates only. 3. No claims for additional compensation shall be considered by the Owner because of payments of wage rates in excess of the applicable rate contained in this contract. B. Penalty for Violations - Texas Government Code section 2258.023(b) (Vernon Pamphlet 1998) states as follows: "A contractor or subcontractor who violates this section shall pay to the Owner, $60 for each worker employed for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract." C. Payroll Records - Pursuant to Texas Government Code section 2258.024 (Vernon Pamphlet 1998), the Contractor and all subcontractors shall keep records showing: (a) the name and occupation of each worker employed by the contractor or subcontractor in the construction of the public work; and (b) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours to inspection by the officers and agents of the Owner. PREVAILING WAGE SCALE NOTICE D. Minimum Wage Rates - Pay prevailing basic wage listed, plus any applicable fringe benefits. E. This determination of prevailing wages shall not be construed to prohibit the payment of more than the rates named. Under no condition shall any laborer, workman or mechanic employed on this job be paid less than the minimum wage scale. F. In execution of this contract, the contractor shall comply with all applicable state and federal laws, including but not limited to laws concerned with labor, equal employment opportunity, safety, and minimum wage. G. Apprentice Pay-All Trades and Crafts - The minimum rate for apprentices shall be in accordance with the scale determined by an approved apprenticeship program or $1.00 per hour less than journeymen's rates, whichever is lower. An approved apprenticeship program is one approved by the U.S. Department of Labor, Bureau of Apprenticeship Training, and only apprentices enrolled in an approved program may be paid apprenticeship rates. H. Base Per Diem Rate - Hours Worked/Day Times Base Hourly Rate I. Multipliers for Overtime Rates: 1. Over 40 hours per week: Base hourly rate times 1.5 2. Holidays: Base hourly rate times 1.5

Prevailing Wage Rates

Alvin Independent School District Prevailing Wages Rates rev: March, 2018 Bricklayer/Mason $18.22 Carpenter/Caseworker $19.91 Carpet Layer/Floor Installer $17.99 Concrete Finisher $15.11 Data Comm/Telecom Installer $20.87 Drywall Installer/Ceiling Installer $16.35 Electrician $24.00 Elevator Mechanic $33.12 Equipment Operator - Heavy Equip $16.86 Equipment Operator - Light Equip $14.61 Glazier $19.45 Insulator $15.53 Insulator - Building $11.35 Insulator - Mechanical Piping $10.85 Ironworker $19.67 Laborer $11.60 Laborer - Skilled $12.14 Laborer - Unskilled $9.46 Lather $18.09 Millwright $20.30 Painter/Wall Covering Installer $15.26 Pipefitter $26.04 Plasterer $18.44 Plumber $27.86 Roofer $16.20 Sheet Metal Worker $20.54 Sprinkler Fitter $25.08 Steel Worker Structural $17.52 Terrazzo Worker $19.19 Tile Setter $18.02 Truck Driver $14.76 Welder $14.12 Waterproofer/Caulker $17.19

END OF PREVAILING WAGE RATE SECTION

SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS

INTERPRETATION OR CORRETION OF BIDDING DOCUMENTS

PRE-PROPOSAL CONFERENCE –

A Pre-Proposal Conference will be held prior to the proposal date on Thursday, August 16, 2018 at 10:00 AM, at Alvin Independent School Districts Administration Building Board Room, 301 East House Street, Alvin, Texas 77511. Attendance by representatives of submitting firms is highly desirable. Representatives of the Owner, Architects, Engineer, and Architect's Consultants shall be present. An addendum indicating any change in the Contract Documents, with a list of attendees, shall be issued subsequent to this meeting.

TIME OF COMPLETION –

Time of completion for this project is expected to be no later than what is defined in the Project Specific Information Section. Time of completion is important to the owner and will be considered in the award. Payments on the Contract shall be made as provided by the Contract. No payment shall be made on the Contract after 30 days prior to the contracted date of substantial completion until final completion and acceptance by the Architect and Owner.

The Contractor’s proposal shall make allowance for working days that construction may be unable to take place due to inclement weather and muddy ground. Extensions to the overall Completion Date shall be granted only if, in the opinion of the Architect, climatological conditions that impede the progress of construction exceed the total number of days from each month combined for the duration of the project as listed below:

Month Number of Days January 6 February 6 March 6 April 6 May 2 June 6 July 4 August 4 September 8 October 8 November 6 December 6

Liquidated damages shall be assessed to the Contractor at the following rate:

$1,000 per day for each day that actual substantial completion exceeds the contract completion date, with consideration given to any milestone dates set forth by Owner (in Summary of Work)

SUBMISSION OF PROPOSALS

All Proposers shall submit with their Proposal the attached forms, “Proposal Evaluation Waiver,” “Felony Conviction Notification,” “Conflict of Interest Questionnaire,” and “Certification of Criminal History Record Information.” Failure to submit such forms may subject the proposal to be rejected as non-conforming.

The Proposal shall be manually signed by a person with legal authority to bind the firm to the Contract.

MODIFICATION OR WITHDRAWAL OF BID

If written confirmation of the modified or withdrawn proposal is not received within two days from the closing time, no consideration shall be given to the modification or withdrawal.

END OF SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS

ATTACHMENT - C PROPOSAL EVALUATION WAIVER

By submitting a Proposal, the proposer indicated below agrees to waive any claim it has or may have against the Owner, Architect, Engineers, Consultants and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any proposal. The proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract.

NOTE: The Statement of Affirmation Must Be Notarized.

STATEMENT OF AFFIRMATION

“The undersigned affirms that he/she is duly authorized to execute this waiver by the person(s) or business entity making the proposal.”

Firm’s Name ______Address: ______

______Proposer’s Name ______Position/Title ______

Proposer’s Signature ______Date ______

Subscribed and sworn to me on this ______day of ______, .

______Notary Public

My Commission expires______

NOTE: THIS FORM MUST BE EXECUTED AND SUBMITTED WITH PROPOSAL.

END OF FORM

ATTACHMENT – D FELONY CONVICTION NOTIFICATION

Note: The Statement of Affirmation Must Be Notarized

STATEMENT OF AFFIRMATION

“The undersigned affirms that he/she is duly authorized to provide this information by the person(s) or business entity making the proposal, and the information provided below concerning felony convictions has been personally and thoroughly reviewed, and verified, and is, therefore, current, true and accurate to the best of my knowledge.”

Firm’s Name:______Address:______

“a.____ My firm is a publicly held corporation, therefore, this reporting requirement is not applicable.” “b.____ My firm is not owned nor operated by anyone who has been convicted of a felony.” “c.____ My firm is owned or operated by the following individual(s) who has/have been convicted of a felony:”

Name of Felon(s) ______

Details of Conviction(s) ______

______

PLEASE CHECK a, b, or c ABOVE AND SIGN BELOW

Offeror’s Name ______Position/Title ______

Offeror’s Signature ______Date ______

Subscribed and sworn to me on this ______day of ______, 20___.

______Notary Public

My Commission expires ______

NOTE: THIS FORM MUST BE EXECUTED AND SUBMITTED WITH PROPOSAL

END OF FORM

ATTACHMENT – E

NOTE: THIS FORM MUST BE EXECUTED AND SUBMITTED WITH PROPOSAL

ATTACHMENT - F

CERTIFICATION OF CRIMINAL HISTORY RECORD INFORMATION REVIEW BY SERVICE CONTRACTOR (This document shall be submitted with the proposal for Construction Manager at Risk proposed team. This document is not required for subcontractors until prior to start of construction.)

Certifying Affidavit submitted to:

Name of School District: ______Mailing Address: ______

Project: ______

STATE OF TEXAS § COUNTY OF ______§

(1) The undersigned representative, on behalf of the contracting firm identified below, swears and affirms to ______Independent School District (the “District”) that such firm has obtained, reviewed and verified, from a law enforcement or criminal justice agency, the criminal history record information of all employees of the contracting firm hired before January 1, 2008, who (i) have or will have continuing duties related to the contracted services, and (ii) have or will have direct contact with students (substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional District employee). Such employees of the contracting firm are identified by name on Schedule A attached hereto. The undersigned further certifies that no employees of the contracting firm who meet the requirements of (i) and (ii) herein and/or identified on Schedule A, have been convicted of any offense identified in Section 22.085 of the Texas Education Code.

(2) The undersigned representative, on behalf of the contracting firm identified below, swears and affirms to the District, that such firm has obtained, reviewed and verified, from the Texas Department of Public Safety criminal clearinghouse or the Federal Bureau of Investigation, the national criminal history record information of (a) all employees of the contracting firm hired on or after January 1, 2008, and (b) all individual subcontractors, and all employees or independent contractors of subcontractors of the contracting firm, who (i) have or will have continuing duties related to the contracted services, and (ii) have or will have direct contact with students. Such employees of the contracting firm, and individual

subcontractors, and employees or independent contractors of subcontractors of the contracting firm, are identified by name on Schedule B attached hereto. The undersigned further certifies that no employees of the contracting firm, individual subcontractors, or employees or independent contractors of existing subcontractors of the contracting firm, who meet the requirements of (i) and (ii) herein and/or identified on Schedule B, have been convicted of any offense identified in Section 22.085 of the Texas Education Code.

(3) The undersigned firm swears and covenants that no present or future employee of the contracting firm, no present or future individual subcontractor, and no present or future employee or independent contractor of a subcontractor of the contracting firm, will provide services to the Project on a continuing basis that involve direct contact with students unless and until such individual subcontractor’s, employee’s or independent contractor’s national criminal history record information has been reviewed and cleared as required herein, and an updated Certification has submitted by the contracting firm to the District with an updated Schedule A and/or Schedule B identifying such individual subcontractors, employees (whether of the contracting firm or of any subcontractor of the contracting firm) or independent contractors of subcontractors. In the event of an emergency, an employee or independent contractor who has not been previously certified may only provide services that involve direct contact with students if such employee is escorted by a District representative.

(4) The undersigned firm swears and covenants that, upon receipt of information, directly or indirectly, that any employee of the contracting firm, or that any individual subcontractor or any employee or independent contractor of a subcontractor of the contracting firm, has been convicted of an offense identified in Section 22.085 of the Texas Education Code, the contracting firm will immediately remove or cause the removal of such employee from the Project and notify the District.

(5) Furthermore, if requested by the District, the name, driver’s license number, and any other information required by the DPS or the FBI will be submitted to the District for any person on either Schedule A or Schedule B.

______, being duly sworn, affirms and certifies that he/she is the

______(position) of ______(contracting firm), and that all statements and acknowledgements contained herein are true and correct, and that he/she has the authority to bind such firm to the covenants set out above.

______

SUBSCRIBED AND SWORN TO BEFORE ME this ____ day of ______, ______.

Notary Public State of

My Commission expires

NOTE: THIS FORM MUST BE EXECUTED AND SUBMITTED WITH PROPOSAL 48

ATTACHMENT - G

ATTACHMENT - H COST FORM – Alvin ISD - High School # 4 for CONSTRUCTION MANAGEMENT AT RISK SERVICES ALVIN INDEPENDENT SCHOOL DISTRICT

NOTE: CM AT RISK PROPOSER SHALL FILL IN AMOUNTS FOR ALL APPLICABLE COST FOR EACH PROJECT AND PROVIDE TOTAL FOR EACH LINE. IF THERE IS NO COST BY THE PROPOSER FOR AN ITEM, THE PROPOSER MUST PLACE A ZERO TO ILLUSTRATE NO COST. IF A LINE ITEM IS NOT REASONABLY PRICED BY THE PROPOSER, THE OWNER WILL ASSUME AN AVERAGE COST (FROM OTHER PROPOSERS) FOR THAT ITEM. THE OWNER WILL NOT ALLOW ANY ITEM LISTED BELOW TO BE TRANSFERRED TO SUBCONTRACTORS OR TO THE "COST OF THE WORK" UNLESS NOTED BY THE OWNER ON THE PROPOSAL FORM INCLUDED IN THE RFP DOCUMENTS.

Summary 1Pre-construction fees $ Construction services percentage: % 2 Construction budget amount $ 126,500,000.00 Construction fee amount = % x budget amount: $ 3 Field & office staff cost: (from line 33 below) $ General conditions percentage: % 4 Construction budget amount $ 126,500,000.00 General conditions fee amount: (from line 89 below) $ Total = (Pre-Construction + Construction Services Fee 5 $ + Field & Office Staff + General Conditions Fee) Proposal Signature & Acknowledgement of all Addenda:

Name of Company Signature / title

Staff to be charged to the project: Include all necessary overhead, insurances, and multipliers within each line where applicable. General home office staff will be included in Construction Fee. 6Project Manager - Mandatory $ 7Number of weeks included w 8Percentage of time dedicated to the project % 9 Superintendent On-Site - Mandatory $ 10Number of weeks included w 11Percentage of time dedicated to the project % 12Assistant Project Manager On-Site $ 13Number of weeks included w 14Percentage of time dedicated to the project % 15 Assistant Superintendent On-Site - Mandatory $ 16Number of weeks included w 17Percentage of time dedicated to the project % 33 Subtotal for Field & Office Staff $

General conditions: Include all necessary overhead, insurances, taxes and multipliers within each line where applicable: 34 Field office including accommodations for architect: 35 Job office including rental, moving and set-up 36 Office equipment 37 Computers 38 Office supplies 39 Phone, fax and internet service 40 Utilities for job office 41 Drinking water, ice, cups, coffee and etc for meetings 42 Office furniture & furnishings 43 Postage and express shipping costs 44 Document printing 45 Janitorial services 46 Estimating, project scheduling, and schedule updates 47 Staff support services: 48 Vehicle, rental, fuel and insurance 49 Cell phone 50 51 52 Miscellaneous project requirements: 53 Warranty work and coordination 54 Temporary project signage 55 Layout 56 Project photos 57 Progress schedules 58 Power consumption In cost of work 59 Water consumption In cost of work 60Gas consumption In cost of work 61Climate protection In cost of work 62 Temporary sanitary facilities 63 Equipment / storage trailers 64 General handling & hoisting, fuel & maintenance In cost of work 65 Temporary fire extinguishers 66 Safety equipment/First aid/OSHA requirements, labor & supplies 67 Field engineering labor, equipment & supplies 68 Small tools and consumables 69Temporary fencing In cost of work 70Erosion control In cost of work 71 Traffic control/Barricades/protection/Safety Rails/Equipment In cost of work 72Equipment Rentals/Scaffolding In cost of work 73 Construction clean up (daily and weekly) 74 Final cleaning (site & building) 75 Dumpsters (rental & disposal costs, exclude demolition) In cost of work 76Emergency generator In cost of work 77 Security measures / personnel on site (complying with Senate Bill 9) 78 Temporary protection (security/night watchman not included as security) 79 Independent testing and inspections By Owner 80Permit and impact fees By Owner 81 Permitting coordination 82CM Insurance & bonding: In cost of work 83Builder's risk insurance In cost of work 84General commercial liability In cost of work 85Umbrella / excess liability In cost of work 86All other insurance required In cost of work 87 Performance & payment bonds (Contractor) In cost of work 88Windstorm Insurance (new structures) In cost of work 89 General Conditions Cost $ Attachment - I

SUPPLEMENTARY CONDITIONS TO THE AIA DOCUMENT A201-2007 GENERAL CONDITIONS Revised February 2016

ARTICLE 1 GENERAL PROVISIONS

§ 1.1 BASIC DEFINITIONS

Delete the text of Section 1.1.1 in its entirety and substitute the following:

§ 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Performance Bond, Labor and Material Payment Bond, Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to propose, Instructions to Proposers, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s Proposal or portions of Addenda relating to proposal requirements).

To the extent any provision in the Supplementary Conditions to these AIA Document A201-2007 General Conditions, issued by Owner, conflicts with any provision in the Supplementary Conditions issued by the Architect; the Supplementary Conditions to these AIA Document A201-2007 General Conditions issued by Owner shall control.

ARTICLE 2 OWNER

§ 2.1 GENERAL

Delete the text of Section 2.1.1 in its entirety and substitute the following:

§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. All parties understand that only the Board of Trustees for the Owner acting as a body corporate has the authority to bind the Owner with respect to all matters requiring the Board’s

approval under current policy of the Board of Trustees for the Owner, including, but not limited to, Change Orders. Except as otherwise provided in Section 4.2.1, the Architect does not have authority to bind the Owner with respect to matters requiring the Owner’s approval or authorization. The term “Owner” means the Owner or the Owner’s authorized representative.

Delete Section 2.1.2 in its entirety.

§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

After the first sentence of Section 2.2.1, delete the remainder of Section 2.2.1 in its entirety.

§ 2.4 OWNER’S RIGHT TO CARRY OUT THE WORK

Delete the text of Section 2.4 in its entirety and substitute the following:

“If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails, after receipt of written notice from the Owner, to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the actual cost of correcting such deficiencies, including the Owner’s expenses and compensation for the Architect’s additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to the prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner within thirty (30) days of receipt of written notice from the Owner therefor.”

ARTICLE 3 CONTRACTIOR

§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

Delete the last sentence of Section 3.3.1 in its entirety and substitute the following:

“If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures, but only to the extent the Owner would be responsible for any such losses or damages under state and/or federal law.”

§ 3.4 LABOR AND MATERIALS

Add the following Section 3.4.4:

§ 3.4.4 The Contractor shall disclose the existence and extent of any financial interests, whether direct or indirect, such Contractor may have in any Subcontractor or material supplier which the Contractor may propose for this Project.

§ 3.5 WARRANTY

Delete the text of Section 3.5 in its entirety and substitute the following:

§ 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new, unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect cause by abuse, material alteration to the Work not executed by the Contractor, insufficient maintenance or maintenance not in compliance with written instructions therefor, operation not in compliance with written instructions therefor, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

Add the following Sections:

§ 3.5.2 In the event of failure in the Work, including a specified product, whether during construction, or the contractual warranty period, the Contractor shall take prompt and appropriate measures to assure correction or replacement of the defective Work or any portion thereof, including manufactured products, whether notified by the Owner or the Architect. Upon correction of warranty items, the Contractor shall provide the Owner and Architect with written notification of said correction. This obligation shall survive acceptance of the Work under the Construction Contract.

§ 3.5.3 The Contractor shall accompany the Owner and Architect for a complete reinspection of the Project approximately eleven (11) months after the Date of Substantial Completion and shall promptly complete any observed or reported deficiencies in the Work, including any uncompleted Punch List items or outstanding and incomplete warranty items. The Contractor shall provide written notification to the Owner and Architect when said Punch List items and/or deficiencies have been corrected. This obligation shall survive acceptance of the Work under the Construction Contract.

§ 3.6 TAXES

3 Delete the text of Section 3.6 in its entirety and substitute the following:

The Owner qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of Article 20.04(f) of the Texas Limited Sales, Excise and Use Tax Act. Taxes normally levied on the purchase, rental or lease of materials, supplies and equipment used or consumed in performance of the Contract may be exempted by issuing to suppliers an exemption certificate in lieu of tax. Exemption certificates comply with State Comptroller of Public Accounts Ruling No. 95-0.07. Any such exemption certificate issued in lieu of tax shall be subject to State Comptroller of Public Accounts Ruling No. 95-0.09, as amended. Failure by the Contractor or Subcontractors to take advantage of the Owner’s exemption and to obtain such exemption certificate shall make him responsible for paying taxes incurred on materials furnished on the Project without additional cost to or reimbursement by the Owner.”

§ 3.7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS

Add the following Section 3.7.1.1:

§ 3.7.1.1 The Contractor shall pay directly all temporary utility charges, utility district/company inspection fees, temporary tap charges, and temporary water meter charges and any other similar fees assessed by jurisdictional authority having control over this Project.

Add the following Section 3.7.6:

§ 3.7.6 If applicable, the Contractor shall comply with the provisions of Section 22.0834 of the Texas Education Code and Section 153.1117 of the Texas Administrative Code, relating to criminal background checks. The form of certification by the Contractor shall be supplied by the Owner, and must be supplemented by the Contractor as required by law, or as requested by the Owner.

§ 3.18 INDEMNIFICATION

Delete the text of Section 3.18.1 in its entirety and substitute the following:

§ 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and its trustees, officers, agents and employees, together with the Architect, Architect’s Consultants and their officers, agents and employees or any of them, from and against claims, damages, losses and expenses, including without limitation, attorney’s fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than the Work itself), including loss of use resulting therefrom, but only to the extent caused, in whole or in part, by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly

4 or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to the party or persons described in this Section 3.18.

Add the following Sections 3.19, 3.20, and 3.21:

§ 3.19 PREVAILING WAGE RATES

As required by Chapter 2258 of the Texas Government Code Title 10 Prevailing Wage Rate, no employee used in this construction may be paid less than the minimum prevailing wage rate in effect for the Owner. The Contractor and each Subcontractor and Sub-subcontractor shall pay to all laborers, workmen, and mechanics employed in execution of this Contract not less than rates set forth by law for each craft of type of workman or mechanic needed to execute this Contract. Determination of prevailing wages shall not be construed to prohibit payment of more than the rates identified.

§ 3.20 ANTITRUST VIOLATIONS

Contractor hereby assigns to owner any and all claims for overcharges associated with this Contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Section 1 et. seq. (1973). The Contractor shall include this provision in his contracts with each subcontractor and supplier. Each subcontractor shall include such provision in contracts with sub-subcontractors and suppliers.

§ 3.21 THIRD-PARTY BENEFICIARY

No person or entity shall be deemed to be a third-party beneficiary of any provision(s) of this Contract; nor shall any provision(s) hereof be interpreted to create a right of action or otherwise permit anyone not a signatory party to the Contract to maintain an action for personal injury or property damage.

ARTICLE 4 ADMINISTRATION OF THE CONTRACT

§ 4.2 Delete the text of Section 4.2.2 in its entirety and substitute the following:

§ 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor’s operations (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. The Architect will be required to make on-site inspections as necessary to keep the Owner informed of the progress of the Work and as necessary to

5 guard the Owner against defects and deficiencies in the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1.

Delete the text of Section 4.2.3 in its entirety.

Delete the text of Section 4.2.6 in its entirety and substitute the following:

§ 4.2.6 The Architect shall have authority to reject Work that does not conform to the Contract Documents. The Architect shall be required to promptly notify the Owner of any non-conforming Work and shall reject such non-conforming Work unless the Owner objects to the rejection in writing within twenty-four (24) hours of such notification. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. Performance of any additional inspection or testing, which would result in additional cost to the Owner, shall require advance notice to and approval of the Owner. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work, except when the Contractor’s inability to perform the Work is a result of design flaw, error or omission.

Delete the text of Section 4.2.13 in its entirety and substitute the following:

§ 4.2.13 All decisions on matters relating to aesthetic effect shall initially be made by the Architect; however, all such decisions are subject to the Owner’s written approval.

ARTICLE 5 SUBCONTRACTORS

§ 5.1 DEFINITIONS

Add the following sentence to the end of Section 5.1:

“Wherever relevant, the term “Subcontractor” shall also include a person or entity who supplies material or equipment for the Project.”

§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS

Delete the last sentence of Section 5.4.1 in its entirety and substitute the following:

6 When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract, but only to the extent permitted by law.

Delete the last sentence of Section 5.4.3 in its entirety.

ARTICLE 7 CHANGES IN THE WORK

§ 7.1 CHANGES

Delete the text of Section 7.1.2 in its entirety and substitute the following:

§ 7.1.2 A Change Order shall be based on agreement among the Owner’s Board of Trustees, Contractor, and Architect, except when the Contract balance is amended as a result of Owner’s Right to Carry out the Work under Section 2.4.1 or the Owner’s assessment of liquidated damages as allowed by the Contract Documents. In such event, the Change Order is deemed approved by Contractor and Contractor’s signature(s) are not required. A Construction Change Directive requires agreement by the Owner or the Owner’s representative and Architect, and may or may not be agreed to by the Contractor; an order for a minor change may be issued by the Architect alone.

Add the following Section 7.2.2:

§ 7.2.2 Methods used in determining adjustments to the Contract Sum shall be determined in one or more of the ways listed below. The first method listed shall be used unless the Architect determines that the method is inappropriate, in which case another method shall be selected:

.1 By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. Where additional Work is involved, any lump sum over the amount of $100.00 shall be broken down to represent the estimated cost of labor and materials plus mark-ups to cover overhead and profit.

.1 To compensate the Subcontractor, or Sub-subcontractor actually performing a part of the Work for the combined cost of overhead and profit, the performing party shall be entitled to a single mark-up not to exceed 10% of the estimated cost of that part of the Work.

.2 To compensate Subcontractors for the combined cost of overhead and profit on Work performed by Sub-subcontractors, the Subcontractor shall be entitled to a single mark-up not to exceed 5% of the subcontract amount.

.3 When a Sub-subcontractor performs the Work of a change, the maximum mark-up not to exceed 10% for combined overhead and profit shall be used only by the Sub-subcontractor. Subcontractor would each be entitled to a single mark-up not to

7 exceed 5% of the cost to them for the Subcontractor and Sub-subcontractor, respectively.

.2 By Unit Prices stated in the Contract Documents or subsequently agreed upon. Additional mark-ups for overhead and profit will not be allowed in Unit Price work.

.3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee.

.4 Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.2.2 shall be limited to the costs established in Sections 7.3.7.1 through 7.3.7.5.

ARTICLE 8 TIME

§ 8.3 DELAYS AND EXTENSIONS OF TIME

Delete the text of Section 8.3.1 in its entirety and substitute the following:

§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other unforeseeable causes beyond the Contractor’s control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine.

Add the following Sections 8.3.4:

§ 8.3.4 The parties hereto agree that time is of the essence of this Contract, that no time extensions of any kind will be permitted, and that pecuniary damages would be suffered by the Owner if the Contractor does not substantially complete all Work called for in the Contract Document by the specified date, which damages are, by their very nature, difficult of ascertainment. It is therefore expressly agreed, as a part of the consideration inducing the Owner to execute this Contract that the Owner may deduct from the final payment made to the Contractor a sum equal to OneThousand Dollars ($1,000.00) for each and every Calendar Day beyond the agreed date which the Contractor has agreed to for Substantial Completion of the Work included in the Contract Documents. It is expressly understood that said sum per day is agreed upon as a fair estimate of the pecuniary damages which will be sustained by the Owner in the event that the Work is not substantially completed within the agreed time, or with the legally extended time, if any, otherwise provided for herein. Said sum shall be considered as liquidated damages only, and in no sense shall be considered a penalty or forfeiture; said damage being caused by additional compensation to personnel, and other miscellaneous increased costs, all of which are difficult of exact ascertainment.

ARTICLE 9 PAYMENTS AND COMPLETION

Delete the text of Section 9.3.1.1 in its entirety and substitute the following:

§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders.

Delete the text of Section 9.3.2 in its entirety and substitute the following:

§ 9.3.2 Payments shall be made on account of materials and/or equipment (a) incorporated in the Work, (b) suitably stored at the Project site, or (c) suitably stored at some off-site location provided the following conditions are met for off-site storage:

.1 The location must be agreed to, in writing, by the Owner and Surety; .2 The location must be a bonded warehouse; .3 The surety must agree, in writing, to each request for payment; and .4 The Contractor must bear the cost of the Owner’s and Architect’s expenses related to visiting the off-site storage area.

Payment for materials and/or equipment stored on or off the site shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance (naming the Owner as additional insured) and transportation to the site for those materials and equipment stored off the site. Under no circumstances will the Owner reimburse the Contractor for down payments, deposits, or other advance payments for materials or equipment.

The Contractor acknowledges that the review of materials and/or equipment stored off the site is an additional service of the Architect, and the Contractor shall be charged for that service. The cost for such service will be established by the Architect and is not subject to appeal.

§ 9.7 FAILURE OF PAYMENT

Delete the following text from the Section 9.7.1 of the Agreement:

§ 9.7 “or awarded by binding dispute resolution”

§ 9.9 PARTIAL OCCUPANCY OR USE

Delete the first sentence of Section 9.9.1 and substitute the following:

9 “The Owner shall have the right to occupy or use, without prejudice to the rights of either party, any completed or partially completed portion of the Work, regardless of whether the deadline for completing the entire Work, or such portion(s), has expired, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such occupancy and use shall not constitute acceptance of any Work not in accordance with the Contract Documents.”

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

§ 10.3 HAZARDOUS MATERIALS

Delete the text of Section 10.3.1 in its entirety and substitute the following:

§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. The Owner, Contractor and Architect shall then proceed in the same manner described in Section 10.3.2.

Delete the text of Sections 10.3.3 in its entirety.

Delete the text of Section 10.3.6 in its entirety and substitute the following:

§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a governmental agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all costs and expenses thereby incurred, but only to the extent provided by law.

ARTICLE 11 INSURANCE AND BONDS

Unless expressly stated to the contrary, the provisions below are intended to supplement the Contract Documents; rather than replacing any portion thereof.

GENERAL

10 The Owner hereby requires that the following insurance requirements be met in connection with the Construction Contract or the Professional Services Contract, applicable (the “Contract”): 1. No Work shall be commenced until all requirements of this Exhibit have been approved by the Owner in writing. 2. All certificates must include the location or description of the property. 3. All insurance policies and certificates required hereunder shall be in form and content satisfactory to Owner. 4. The Owner shall be furnished an ACORD form Certificate of Insurance evidencing all policies and endorsements required by this Exhibit prior to execution of the Contract. 5. Each insurance coverage/policy shall contain a provision that at least sixty (60) days prior written notice shall be given to the Owner in the event of cancellation, material change, or non-renewal. 6. Insurance shall be underwritten by a company licensed to do business in Texas, satisfactory to Owner and rated not less than A- X by A.M. Best. 7. The insurance coverage’s and bonds specified herein shall be maintained at all times during the term of the Contract and insurance coverage’s (excluding builder’s risk) shall be maintained for a minimum of one (1) year thereafter, subject to the approval of the Owner. .8 No deletions/exclusions from the standard coverage form are allowed without the prior written consent of the Owner. 9. All insurance except Professional Liability must be issued on an occurrence basis. 10. The Owner reserves the right to review the insurance requirements during the effective period of any Contract to make reasonable adjustments to insurance coverage’s and limits when deemed reasonably prudent by Owner based upon changes in statutory laws, court decisions or potential increase in exposure to loss. 11 The Contractor or Professional (hereinafter defined), as applicable, shall be responsible for all deductibles; the Owner shall approve the deductibles selected. 12 With the exception of excess umbrella coverage, the coverage afforded by each carrier must be primary over any other applicable insurance. 13 In addition to certificates of insurance, copies of policy endorsements must be provided (a) listing the Owner as Additional Insured, and (b) showing waivers of subrogation in favor of the Owner. If any policy has aggregate limits, a statement of claims against the aggregate limits is required. 14 A “Waiver of Subrogation” clause in favor of the Owner will be attached to the Workers Compensation, General liability, Automobile Liability, Umbrella Liability, and the Property insurance policies.

§ 11.1.1 Delete subparagraph 11.1.1 in its entirety and substitute the following:

11 from, the Contractor's operations under the Contract, whether such operations be by himself, or by any Sub-Contractor, or be anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable (Sub-paragraphs .1 through 7 shall remain unchanged). Contractual liability shall be the same limits as #2 under 11.1.2 below.

§ 11.1.1.8 Delete subparagraph 11.1.1.8 in its entirety and substitute the following:

§ 11.1.1.8 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including:

1. Premises operations 2. Independent Contractor's Protective 3. Products and Completed Operations 4. Contractual-Including Specified Provisions for the Contractor's Obligations under Paragraph 3.18 5. Owned, Non-Owned and Hired Vehicles 6. Broad Form Coverage for Property Damage 7. Personal Injury

§ 11.1.2 Substitute the following: The insurance required by sub-paragraph 11.1.1 shall be written for not less than any limits of liability indicated below.

1. a. Workmen's Compensation - Statutory b. Employer's Liability $1,000,000.00

2. Comprehensive General Liability a. Bodily Injury: Each Occurrence $1,000,000.00 Aggregate $2,000,000.00 b. Property Damage: Each Occurrence $1,000,000.00 Aggregate $2,000,000.00 -or- c. Combined Coverage Limit $1,000,000.00

3. Automobile Liability a. Bodily Injury: Each Person $1,000,000.00 Each Occurrence $1,000,000.00 b. Property Damage: Each Occurrence $1,000,000.00 -or- c. Combined Coverage Limit $1,000,000.00 4. Independent Contractors Liability - Same limit as #2 above.

5. Products and Completed Operations - Same limits as #2 above, commencing with issuance of final certificate of payment and remaining in effect for one (1) year.

6. Property Damage Liability Insurance will provide X, C and U coverage, as applicable.

7. Umbrella Excess Liability - $10,000,000.00

§ 11.1.3 Add the following:

Furnish one copy of certificates herein required for each copy of the agreement; specifically set forth evidence of all coverage required by sub-paragraph 11.1.2.

§ 11.1.3.1 Add the following:

The form of the certificate shall be AIA Document G715 and ACORD form 25-S. Furnish to the owner copies of any endorsements that are subsequently issued amending coverage or limits.

§ 11.1.4 Add the following:

WORKERS' COMPENSATION INSURANCE COVERAGE

A. Definitions:

13 activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

E. The contractor shall obtain from each person providing services on a project, and provide the governmental entity:

certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas

14 Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; obtain from each other person with whom it contracts, and provide to the contractor: a certificate of coverage, prior to the other person beginning work on the project; and a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.

J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

15 § 11.3 PROPERTY INSURANCE

§ 11.3.1 Delete11.3.1 in its entirety and substitute the following:

The Contractor shall purchase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. Such insurance shall be in a company or companies against which the Owner has no reasonable objection. This insurance shall include the interests of the Owner, the Contractor, Sub-Contractors and Sub-Subcontractors in the Work and shall insure against the perils of fire, windstorm, and extended coverage and shall include "All Risk" insurance for physical loss or damage including, without duplication of coverage, theft, vandalism, and malicious mischief. If not covered under the All Risk insurance or otherwise provided in the Contract Documents, the Contractor shall effect and maintain similar property insurance on portions of the Work stored off of the site or in transit when such portion of the Work are to be included in an application for payment under Sub-paragraph 9.3.2. If this insurance is written with stipulated amounts deductible under the terms of the policy, the contractor shall pay the difference attributable to deductions in any payments made by the insurance carrier or claims paid by this insurance.

The Deductible will be 1% of the contract or replacement cost value (whichever is greater) subject to a $200,000 maximum unless otherwise approved by the Owner.

Delete 11.3.1.1, 11.3.1.2, 11.3.1.3, and 11.3.4 in their entirety:

§ 11.3.6 Delete the first sentence and substitute the following:

Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Paragraph 11.3.

Delete the last word of this paragraph and substitute “Owner”

Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Paragraph 11.3.

§ 11.3.7 Delete 11.3.7 in its entirety:

§ 11.3.8 Substitute the word “Contractor” for “Owner” as fiduciary; except that at the first reference to “Owner” in the first sentence, the word “this” should be substituted for “Owner’s”.

§ 11.3.9 Substitute the word “Contractor” for “Owner” each time the latter word appears.

§ 11.3.10 Substitute the word “Contractor” for “Owner” each time the latter word appears.

16 § 11.4 PERFORMANCE BOND AND PAYMENT BOND

§ 11.4.1 Delete11.4.1 in its entirety and substitute the following:

§ 11.4.1 CONTRACT SECURITY: Performance and Payment Bonds shall be required for all work where the contract exceeds$25,000.00. After award of the contract by Owner, the Construction Manager / Contractor, at his expense, must deliver to the Owner an executed Performance and Payment Bond in an amount of 100% of the agreed upon contract sum as security for the faithful performance of the contract and payment of all persons performing labor and furnishing materials in connection with this contract. Bonding companies must be licensed, listed, and approved in the State of Texas (State Board of Insurance). Bonding companies shall provide such other information as necessary to document net worth, stability, total bonding capacity, and projects under coverage, etc.., with adequate financial capacity for this project. If the contract sum exceeds the underwriting limitation of the Surety on the most recent list of acceptable sureties, the Contractor shall provide the Owner with evidence that the excess is protected by re-insurance or co-insurance in a form and amount acceptable to the Owner. Such bonds shall meet the requirements of Chapter 2253 of the Texas Government Code.

Add the following Section 11.4.3:

§ 11.4.3 Claims must be sent to the Contractor and his Surety, in accordance with Texas Government Code, Chapter 2253, Article 5160, Revised Civil Status. The Owner will furnish in accordance with such Article, a copy of the Payment Bond, as provided therein, to claimants upon request. All claimants are cautioned that no lien exists on the funds unpaid to the Contractor on such Contract, and that reliance on notices sent to the Owner may result in loss of their rights against the Contractor and / or his Surety. The Owner is not responsible in any manner to a claimant for collection of unpaid bills, and accepts no responsibility because of any representation by any agent or employee.

ARTICLE 12 UNCOVERING AND CORRECTION OF WORK

§ 12.3 ACCEPTANCE OF NONCONFORMING WORK

Number the existing provision as Section 12.3.1, and add Section 12.3.2 as follows:

§ 12.3.2 The Owner’s use and/or occupancy of any or all of the Project site shall never be construed as an acceptance of Work not in conformance with Contract Documents. The Owner reserves the right to enforce provisions of the Contract unless the Owner’s acceptance is provided to the Contractor in writing.

17 ARTICLE 13 MISCELLANEOUS PROVISIONS

§ 13.3 WRITTEN NOTICE

Delete the text of Section 13.3 in its entirety and substitute the following:

§ 13.3 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer at the corporation for which it was intended, or if delivered at or sent by registered or certified mail, or by courier service providing proof of delivery, to the last business address known to the party giving notice, or if delivered by facsimile to the offices of the person or corporation for which it was intended. For facsimiles received after 5:00 p.m. on a business day, or on a weekend or legal holiday on which the recipient’s offices are closed, notice shall be deemed to have been duly served on the next business day.

§ 13.7 TIME LIMITS ON CLAIMS

Delete the last sentence of Section 13.7 in its entirety.

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT

§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE

Delete the text of Section 14.4.3 in its entirety and substitute the following:

§ 14.4.3 In the case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed up to the effective date of the notice of termination.

ARTICLE 15 CLAIMS AND DISPUTES

§ 15.1 CLAIMS

Delete the text of Section 15.1.1 in its entirety and substitute the following:

§ 15.1.1 DEFINITION

A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the Owner, Architect and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim.

18 § 15.1.2 NOTICE OF CLAIMS

Delete the second sentence of Section 15.1.2 in its entirety and substitute the following:

“Claims by either party must be initiated within ninety (90) days after occurrence of the event giving rise to such Claim or within ninety (90) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.”

§ 15.1.5 CLAIMS FOR ADDITIONAL TIME

Delete the text of Section 15.1.5.2 in its entirety and substitute the following:

§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented and listed in accordance with Article 8.

§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES

Delete the text of Section 15.1.6 in its entirety.

§ 15.2 INITIAL DECISION

Delete the text of Section 15.2.1 in its entirety and substitute the following:

§ 15.2.1 Claims, excluding those arising under Sections 11.3.9 and 11.3.10, including those alleging an error or omission by the Architect, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. If the parties are unable to agree, any claim, dispute or matters arising out of the contract between the Architect, Owner and Contractor or any combination of those parties shall be submitted to a court of appropriate jurisdiction.

Delete the text of Section 15.2.5 in its entirety and substitute the following:

§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties, but subject to mediation, if both parties so agree, and subject to legal or equitable proceedings in a court having jurisdiction thereof. It is understood and agreed that, in the event that any dispute, controversy, or conflict arises during the design and construction of the Project or following its completion, the parties hereto will cooperate in good faith, if possible, to resolve the issues without resorting to litigation.

Delete the text of Sections 15.2.6 and 15.2.6.1 in their entirety.

Add the following Section 15.2.9:

§ 15.2.9 The prevailing party in any judicial proceeding arising from the Contract Documents shall recover its reasonable and necessary attorneys’ fees pursuant to Texas Local Government Code Section 271.159.

§ 15.3 MEDIATION

Delete the text of Section 15.3.1 in its entirety.

Delete the text of Section 15.3.2 in its entirety.

Delete the text of Section 15.3.3 in its entirety and substitute the following:

§ 15.3.3 If all parties to a dispute arising out of or related to the Contract agree to submit the Claim to mediation following a decision by the Initial Decision Maker, the parties shall select an independent mediator by mutual consent of the parties, to assist in the further effort to resolve the dispute, and shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Nothing in the Contract Documents shall be construed as requiring mandatory mediation prior to litigation.

§ 15.4 ARBITRATION

Delete the text of Sections 15.4.1 through 15.4.3 and 15.4.4.1 through 15.4.4.3 in their entirety.

These Additional Supplementary Conditions are entered into as of the date indicated on the AIA Standard Form of Agreement.

OWNER: CONTRACTOR:

ALVIN INDEPENDENT SCHOOL DISTRICT

By: By:

Name: Name:

Title: Title: