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RFP-0506-01.doc - Texas Bid System

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									                     San Marcos Consolidated Independent School District
512/393-6503 Fax-512/393-6507 600 Wonder World Dr.  P.O. Box 1087 San Marcos, Texas 78667-1087

                                                                                   Cindy Casparis, CPPB
                                                                                    Purchasing Manager
                                                                                   District Textbook Coordinator

September 8, 2005


Dear Vendor,

The San Marcos CISD is accepting proposals from qualified firms for Construction Manager at Risk Services.
Proposals are due October 5, 2005 no later than 2:00 pm

Please review the attached document carefully paying close attention to the fee submittal pages and the
addendums to the AIA contracts mentioned in this RFP. By submitting a response you will be acknowledging
that you have read and agree to the addendums. It is the intent of the district to sign contracts immediately
following approval by the Board of Trustees so it is important that all CM firms understand the contract language.

If you have questions or concerns please contact me via e-mail: cindy.casparis@smcisd.net

Sincerely,


Cindy Casparis, CPPB
Purchasing Manager




                                                        1
       SAN MARCOS CONSOLIDATED ISD




          Request For Proposal
               #0506-01

                    FOR

CONSTRUCTION MANAGEMENT SERVICES

               (CM at Risk)


      New Crockett Elementary
 New Middle School(Renovated SM High School)




                                          September 2005


                      2
San Marcos Consolidated ISD
Building Program - New Crockett Elementary School and New Middle School
REQUEST FOR PROPOSALS
PROJECTS & SELECTION SCHEDULE


Pursuant to the provisions of the Texas Education Code Section 44.038, it is the intention of the San Marcos
Consolidated ISD to select via a one-step Request for Proposal process a Construction Manager at Risk for
the construction of a New Elementary School and renovations to the current San Marcos High School to
covert it into a middle school serving grades 6 th through 8th. The projects are described in the following
table.



      Facility        Approximate      Approximate            Construction        Construction to    School to
                        Acreage          Square                 Budget                Start            Open
                                         Footage

    Elementary        9.8 acre site        76000              10,346,913.00        August 2006      January 2008

                                         Existing Area-
                                          220,182 sf,
                                           substantial
                                           demolition,
    New Middle
                      50 acre site         substantial          6 Million           June 2007       January 2009
      School                            renovation and
                                           some new
                                          construction
                                           anticipated


The selected CM(s) will be involved with pre-construction services on projects selected.

The selected Construction Manager is to assist the District and its Architects with cost estimating and
scheduling during the design and construction documents phases, provide design input and alternative for
systems and details, and to build the projects thereafter as a Construction Manager at Risk. The District
may select more than one Construction Managers for the projects if more than one offers the best value to
the District.

Proposals are to include the information requested in the attached Questionnaire in the
sequence and format prescribed. Failure to do so will result in reduction of points or
disqualification.

In addition to and separate from the requested information, organizations submitting may provide
supplementary materials further describing their capabilities and experience (limit to three pages).

Proposals (3 copies) are to be submitted to:

Hand delivery or Common or contract carrier:                            By Mail

San Marcos CISD Purchasing Dept.                                 San Marcos CISD Purchasing Dept.
Cindy Casparis                                                   Cindy Casparis
600 Wonder World Dr.                                             P.O. Box 1087
San Marcos, Tx 78666                                             San Marcos, Tx 78667

No later than:
      October 4, 2005
                                                          3
San Marcos Consolidated ISD
Building Program - New Crockett Elementary School and New Middle School
REQUEST FOR PROPOSALS
PROJECTS & SELECTION SCHEDULE


Upon receipt, the District’s administrative staff will review the proposals and conduct interviews as deemed
appropriate. An administrative recommendation will be made to the Board of Trustees at a future Board
Meeting.

Questions about the projects and request for proposals should be addressed to:

      Cindy Casparis
      Purchasing Agent
      P.O. Box 1087
      San Marcos, Tx 78667

      Or

      Cindy.Casparis@smcisd.net




                                                      4
San Marcos Consolidated ISD
Building Program - New Crockett Elementary School and New Middle School
REQUEST FOR PROPOSALS
PROJECTS & SELECTION SCHEDULE


San Marcos Consolidated ISD is considering use of the Construction Manager process to construct the
following school projects:


                               New Crockett Elementary School
                     New Middle School (renovated San Marcos High School)

Construction is contingent upon certain activities being completed within a time frame, which will permit the
school to meet its contemplated schedule. If these activities are not completed when required, the District
may not proceed with construction as anticipated in this RFP.



Selection Schedule

          Request for Proposals Released             September

          Receive Proposals                          October

          Board Approval of Firm(s)                  November




                                                      5
San Marcos Consolidated ISD
Building Program - New Crockett Elementary School and New Middle School
REQUEST FOR PROPOSALS
SELECTION CRITERIA


Selection Criteria

SMCISD will evaluate all proposals on questions 1, 11, and 13. From these three questions, an unspecified
number of firms will be evaluated on all 19 of the selection criteria listed below.

      Experience of the Construction Manager (CM)
         1. Has the CM constructed public schools and/or renovation/addition projects of similar size,
             type, and complexity using the CMAR delivery method?
         2. What is the experience of the CM in central Texas with public school districts?
         3. Has the District or its agents worked satisfactorily with the CM in the past?
         4. Warranty work – The program in which the CM has in place.
         5. CM’s proactive experience with influencing building system design that relates to indoor air
             quality and long-term building performance.

         Past Performance of the CM

         6.  Is the quality of the CM’s work (pre-construction, construction, warranty) exceptional?
         7.  CM’s success in completing a number of schools significantly earlier than contracted
             schedules and industry standards
         8. CM’s record and role in achieving major cost savings prior to establishment of GMP?
         9. What is the CM’s reputation with sub-contractors and vendors?
         10. What is the CM’s record and philosophy on change orders?
         11. Has the CM demonstrated a history of providing reliable pre-construction services?
         12. CM’s demonstrated ability to positively influence cost and quality of school projects through
             innovation, technical expertise and leadership.

      Proposed personnel and management team

         13. Are the CM’s personnel experienced in similar school projects?
         14. Have the proposed personnel demonstrated the ability to achieve quality work?

      Reputation

         15. Is the CM considered a “team player” or is the relationship considered adversarial?
         16. Has the CM demonstrated a long-term presence in the Austin market?
         17. Have past clients expressed a willingness to work with the CM again?

      Financial strength

         18. Is the offeror adequately capitalized?
         19. Construction Manager’s fee?


SMCISD reserves the right to conduct interviews




                                                      6
San Marcos Consolidated ISD
Building Program - New Crockett Elementary School and New Middle School
REQUEST FOR PROPOSALS
QUESTIONNAIRE

Proposals are to include the information requested in this questionnaire in the sequence
and format prescribed. Each selection criteria is associated with certain questions and will
be evaluated based on this format. Failure to respond in this sequence and format will
result in reduction of points or disqualification.

Supplemental materials providing additional information may be attached, if limited to three pages.

1. Firm Information

      Name of Firm:
      Address of Principal Office:
      Phone and Fax:
      Form of Business Organization (corporation, partnership, individual, joint venture, other?):
      Year Founded:
      Primary Individual to Contact:

2. Organization
      2.1     How many years has your organization been in business in its current capacity?
      2.2     How many years has your organization been in business under its present name? Under
              what other or former names has your organization operated?
      2.3     If your organization is a corporation, answer the following: Date of incorporation, State of
              incorporation, President’s name, Vice-President’s name(s), Secretary’s name, Treasurer’s
              name.
      2.4     If your organization is a partnership, answer the following: Date of organization,
              Type of partnership (if applicable), Name(s) of general partner(s).
      2.5     If your organization is individually owned, answer the following: Date of
              organization, Name of owner.
      2.6     If the form of your organization is other than those listed above, describe it and
              name the principals.
      2.7     Does your company principally work in the Central Texas/Austin/ San Antonio area?
      2.8     What is the dollar value of work done in the Central Texas/Austin/San Antonio area for
              the past three to five year period and what percentage of your total work does this
              represent?
      2.9    What percentage of your work in the last five years has been public school construction?
      2.10   What percent of work for past 10 years has been for repeat clients? Please breakdown
             between commercial and educational clients.
      2.11   In accordance with the Texas Education Code, Title 2, Public Education, Chapter 44,
             Fiscal Management, Subchapter B, Purchases; Contracts, Section 44.034:

               A person or business entity that enters into a contract with a school district must give advance notice to the
               District if the person or an owner or operator of the business entity has been convicted of a felony. The
               notice must include a general description of the conduct resulting in the conviction of a felony. FELONY
               CONVICTION NOTICE ATTACHED

3. Experience
      3.1    Work over the last five years: List each of the Texas public school projects constructed
             by your organization; For each project, provide the name, nature of the project/function of
             the building, size (SF), location, cost, delivery method used, date of notice to proceed,
             contractual completion date, actual completion date, owner and architect (and their phone
             numbers), and what type of project (new or addition/renovation).

                                                               7
San Marcos Consolidated ISD
Building Program - New Crockett Elementary School and New Middle School
REQUEST FOR PROPOSALS
QUESTIONNAIRE


       3.2     List the categories of work that your organization normally performs with its own forces.
               Would you propose to do any work with your own forces or to bid all work to subcontractors?
       3.3     List any subcontractors in which your organization has some ownership and list the
               categories of work those subcontractors normally perform.
       3.4     Claims and suits (If the answer to any of the questions below is yes, please attach details).
               3.4.1 Has your organization ever failed to complete any work awarded?
               3.4.2 Are there any judgements, claims, arbitration proceedings or suits, pending or
                        outstanding against your organization or its officers?
               3.4.3 Has your organization filed any lawsuits or requested arbitration with regard to
                        construction contracts within the last five years?
       3.5     Within the last five years, has any officer or principal of your organization ever been an officer
               or principal of another organization when it failed to complete a construction contract? (If the
               answer is yes, please attach details.)
       3.6     Describe your firms warranty program, in particular staffing, reporting, follow-up procedures,
               etc.
       3.7     Please provide examples of work that your firm considers to be exceptional. Also, list the
               project and contact and phone number.
       3.8     List five (5) school projects where your firm, as a Construction Manager-at-Risk, has had
               input early in building design and has demonstrated leadership, innovation, and technical
               expertise. Give examples of your input.
       3.9     List the HVAC, electrical, plumbing, drywall, and masonry sub-contractors for your last five (5)
               school projects, along with contacts and phone numbers.


4. Financial Information
       4.1     Attach a financial statement, preferably audited, including your organization’s latest balance
               sheet and income statement showing the following items:

               *        Current assets (e.g., cash, joint venture accounts, accounts receivable, notes
                        receivable, accrued income, deposits, materials inventory, and prepaid expenses).
               *        Noncurrent assets (e.g., net fixed assets, other assets).
               *        Current liabilities (e.g., accounts payable, notes payable, accrued
                        expenses, provision for income taxes, advances, accrued salaries and
                        accrued payroll taxes).
               *        Noncurrent liabilities (e.g., notes payable).
               *        Capital accounts and retained earnings (e.g., capital, capital stock, authorized and
                        outstanding shares par value, earned surplus, and retained earnings).
       4.2     Name and address of firm preparing attached financial statement and date thereof.
       4.3     Is the attached financial statement for the identical organization named under item 1 above?
               If not, explain the relationship and financial responsibility of the organization whose financial
               statement is provided (e.g., parent-subsidiary).
       4.4     Will the organization whose financial statement is attached act as guarantor of the contract
               for construction?
       4.5     Provide name, address and phone number of your financial institution.
       4.6     Surety: Name of bonding company and name and address of agent. Performance and
               Payment Bonds for 100% of the construction cost will be required upon submission of the
               guaranteed maximum price (GMP). The GMP is as defined in AIA Document A121 CMc-2003
               and ACG Document 565.
                                                       8
San Marcos Consolidated ISD
Building Program - New Crockett Elementary School and New Middle School
REQUEST FOR PROPOSALS
QUESTIONNAIRE


      5. Experience with concepts for working as a Construction Manager at Risk

      5.1   Describe your organization’s concepts for working in a team relationship with the Owner and
            Architect during the design and construction of major projects. Describe your organization’s
            methods for estimating costs, and for scheduling during the design/documents phase. It is
            anticipated that the GMP will be furnished prior to completion of construction documents. Is
            this acceptable to you?
      5.2   Construction Manager’s Fee: Please list a separate fee (percentage) for providing the
            Construction Manager at Risk services for each project and a separate fee (percentage)
            for combined projects.
      5.3    General Condition Cost: Please complete Attachment A which is a sample construction
            project so that the district will see how the fee will be applied. CM Fee will not apply to any
            additional General Condition Cost, Insurance or Bond cost. SMCISD will pay those
            items at actual cost. CM fee will only apply to the actual cost of the work.
      5.4    Savings: Describe your organization’s concept and reasoning for the disposition of savings
            realized during construction.
      5.5   Contingencies: Describe your organization’s concept for cost contingencies during design and
            during construction. What is your organization’s concept for the disposition of contingency
            funds after the completion of the project?
      5.6   Cost Information: Your firm would be required to make all cost information during design and
            construction available to owner and architect. Describe how this information would be
            furnished and how the owner and architect would be assured that it is complete and accurate.
      5.7   Please provide examples of pre-construction services provided in past school projects and the
            results of those services. Also, list the school project and project contact.
      5.8   Provide five (5) examples of your input and ideas during the design phase of school projects
            that have resulted in:
                 Improved air quality,
                 Reduced maintenance and/or operating costs,
                 Reduced construction cost, and/or resulted in a better school facility
      5.9   List five (5) school project examples where your firm has provided cost saving ideas after
            establishment of the GMP and your ideas and efforts have resulted in decreasing the cost of
            construction and/or shortening of the construction schedule. Provide details.




                                                   9
San Marcos Consolidated ISD
Building Program - New Crockett Elementary School and New Middle School
REQUEST FOR PROPOSALS
QUESTIONNAIRE


6. Personnel

               Given the scope and schedule of the project(s), identify the specific Project Manager/Job
               Superintendent, Estimator and Field Operations personnel who would work on the project(s).
               Provide a resume and references for each individual. Prior to contracting with a construction
               management firm, San Marcos Consolidated ISD will interview the Project Manager/Job
               Superintendent that will be assigned to each project. The Project Manager/Job Superintendent
               will be required to remain on the project through final completion.

7. References

               For the projects listed above (reference items 3.1 and 3.3), identify a representative of the
               owner and a representative of the architect (provide name, phone/fax numbers) whom we could
               contact as references regarding your organization’s services. References should include
               owners of education projects of comparable scope.

8. Uniqueness

               What do you feel is unique about your firm’s contribution to this San Marcos Consolidated ISD
               building program?




                                                    10
PROPOSAL FORM Combined Projects

To:           San Marcos Consolidated ISD
              Cindy Casparis-Purchasing Agent
              P.O. Box 1087
              600 Wonder World Dr
              San Marcos, TX 78667

Project:      Building Program - New Crockett Elementary School and New Middle School
              CONSTRUCTION MANAGEMENT “At Risk”/CONTRACTOR SERVICES
              San Marcos Consolidated Independent School District

Date:

Offer:        __________________________
                    Company Name
              __________________________
                    Address
              __________________________
                    Telephone and Fax

We, the undersigned, hereby offer to enter into a Contract to furnish Construction Management “At
Risk”/Contractor Services for the following Fee as outlined below.

We propose a fee to provide Construction Management Contractor services at the
following percentage of the actual cost of the work:

FEE:___________________________%

The cost of work does not include insurance, bonds or general condition
items, these will be paid at actual cost charged to the CM@Risk.

PLEASE INCLUDE A COMPLETE LIST OF YOUR GENERAL CONDITIONS, YOU DO NOT NEED TO
                     INCLUDE PRICING AT THIS TIME FOR GC’S




                                                  11
      PROPOSAL FORM CONTINUED-THIS FORM MUST BE INCLUDED IN YOUR RESPONSE
                                ATTACHMENT A
SAMPLE CONSTRUCTION                          BID DATE:                 BLDG. SQ. FOOTAGE
PROJECT
   DESCRIPTION                 SPEC SEC.      SUB EST.       COMPANY NAME   TOTAL
 1 OWNERS ALLOWANCES           01020            $ 51,500        ACME                 $ 51,500
 2 SITEWORK                    02200           $ 330,000        ACME                $ 330,000
 3 TEMP. CONSTRUCTION          02200              $ 8,500       ACME                   $ 8,500
   ENTRY
 4 TERMITE CONTROL             02281               $ 4,000      ACME                  $ 4,000
 5 BUILDING/SITE LAYOUT        02620-             $ 10,800      ACME                 $ 10,800
                               02642
 6   HYDROMULCH WATER          01020              $ 10,000      ACME                 $ 10,000
     (ALLOWANCE)
 7   HYDROMULCH                02604            $ 10,000        ACME                 $ 10,000
 8   FENCING                   02701              $ 2,375       ACME                   $ 2,375
 9   SITE CONCRETE             02408-          $ 241,000        ACME                $ 241,000
                               02433
10   STRUCTURAL CONCRETE       03300         $ 1,300,000        ACME           $ 1,300,000
11   PIER DRILLING             03310            $ 35,000        ACME              $ 35,000
12   HOLLOW CORE PLANKS        03410           $ 325,000        ACME             $ 325,000
13   MASONRY                   04200           $ 500,000        ACME             $ 500,000
15   PRE-ENGINEERED            05120-        $ 2,500,000        ACME           $ 2,500,000
     BLDG.ERECTED              05500
16   METAL WALL PANELS &       05120           $ 157,000        ACME                $ 157,000
     SOFFIT
17   MISCL. STEEL & ERECTION   05500            $ 40,200        ACME                 $ 40,200
18   ROUGH CARPENTRY           06100           $ 131,500        ACME                $ 131,500
19   MILLWORK & CASEWORK       06200,12320     $ 197,000        ACME                $ 197,000
20   D.P./RIGID/CAULKING       07115,07200      $ 50,000        ACME                 $ 50,000
                               ,07260,0790
                               0
22   HOLLOW METAL              08100              $ 27,000      ACME                 $ 27,000
     DOORS/FRAMES
23   WOOD DOORS                08210            $ 21,000        ACME                 $ 21,000
24   ALUMINUN                  08400,08500     $ 120,000        ACME                $ 120,000
     STOREFRONT/GLAZING        ,08810,
25   FINISH HARDWARE           08710            $ 40,000        ACME                 $ 40,000
27   DRYWALL & FRAMING         09250,05400     $ 445,000        ACME                $ 445,000
                               ,07200
29   CERAMIC TILE              09310           $ 105,000        ACME                $ 105,000
31   STAGE WOOD FLOORING       09551              $ 9,900       ACME                   $ 9,900
32   VCT/CARPET                09650,9680       $ 95,000        ACME                 $ 95,000
33   PAINTING                  09900           $ 105,000        ACME                $ 105,000
34   SPECIALTIES               10050,05800     $ 175,000        ACME                $ 175,000
                               ,02824,1015
                               6,10350,104
                               00,10650
35   STAGE CURTAINS            11140              $ 6,500       ACME                $ 6,500
37   KITCHEN EQUIPMENT         11400           $ 258,000        ACME             $ 258,000
38   LIBRARY FURNITURE         12341            $ 40,850        ACME              $ 40,850
40   PLUMBING                  15400           $ 675,000        ACME             $ 675,000
41   FIRE PROTECTION           15500           $ 100,000        ACME             $ 100,000
42   HVAC                      15700         $ 1,000,000        ACME           $ 1,000,000
43   TEST & BALANCE            15880            $ 20,000        ACME              $ 20,000
44   DDC CONTROLS              15975            $ 75,000        ACME              $ 75,000

                                             12
45   ELECTRICAL                  16000          $ 935,000         ACME                $ 935,000
47   FINAL CLEAN                                  $ 21,000        ACME                 $ 21,000
49   LANDSCAPING                 02210          $ 100,000         ACME                $ 100,000
          COLUMN TOTALS                       $10,278,125                          $ 10,278,125
                                                             Cost of               $ 10,278,125
                                                             work/GMP
                                                             CM Fee %


                                                              Total for Cost
                                                             of Work incl CM
                                                                    Fee
     Bonds                                                   Total for Bonds
     Insurance                                                   Total for
                                                                insurance
     General Conditions                                          Total for
                                                                 General
                                                                Conditions
                                                              (assume a 12
                                                             month contract)
                                                              Monthly Price:
                                                             _____________
                                                              X12 months =
                                                              Total Cost of    $
                                                                  Project

                           This is only a sample construction project

The above “sample project” shows how SMCISD will apply fees and charges, if it is your intent to
 use some other methodology please indicate so on this bid sheet and return with your proposal.




                                               13
                                             ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (60) days from receiving date. Proposer
acknowledges and agrees to the changes made to the AIA Document A121CMc-2003 and Document
565 Standard Form of Agreement Between Owner and Construction Manager as well as the changes
made to AIA Document A201-1997 General Conditions of the Contract for Construction, both of which
will be used as the agreement between Owner and Construction Manager. Addendums Attached

PROPOSAL FORM SIGNATURE(S)

The Corporate Seal of:




                                                  (Seal)



was hereunto affixed in the presence of:



                                 (Signature of Authorized Signing Officer)


                                                  (Title)



If the Proposal is a joint venture or partnership, add additional forms of execution for each member of the
joint venture in the appropriate form or forms as above.


                                       END OF PROPOSAL FORM




                                                    14
PROPOSAL FORM New Crockett Elementary

To:           San Marcos Consolidated ISD
              Cindy Casparis-Purchasing Agent
              P.O. Box 1087
              600 Wonder World Dr
              San Marcos, TX 78667

Project:      Building Program - New Crockett Elementary School
              CONSTRUCTION MANAGEMENT “At Risk”/CONTRACTOR SERVICES
              San Marcos Consolidated Independent School District

Date:

Offer:        __________________________
                    Company Name
              __________________________
                    Address
              __________________________
                    Telephone and Fax

We, the undersigned, hereby offer to enter into a Contract to furnish Construction Management “At
Risk”/Contractor Services for the following Fee as outlined below.

         PROPOSAL

We propose a fee to provide Construction Management Contractor services at the
following percentage of the actual cost of the work:

FEE:___________________________%

The cost of work does not include insurance, bonds or general condition
items, these will be paid at actual cost charged to the CM@Risk.

PLEASE INCLUDE A COMPLETE LIST OF YOUR GENERAL CONDITIONS, YOU DO NOT NEED TO
                     INCLUDE PRICING AT THIS TIME FOR GC’S




                                                  15
      PROPOSAL FORM CONTINUED-THIS FORM MUST BE INCLUDED IN YOUR RESPONSE
                                ATTACHMENT A
SAMPLE CONSTRUCTION                          BID DATE:                 BLDG. SQ. FOOTAGE
PROJECT
   DESCRIPTION                 SPEC SEC.      SUB EST.       COMPANY NAME   TOTAL
 1 OWNERS ALLOWANCES           01020            $ 51,500        ACME                 $ 51,500
 2 SITEWORK                    02200           $ 330,000        ACME                $ 330,000
 3 TEMP. CONSTRUCTION          02200              $ 8,500       ACME                   $ 8,500
   ENTRY
 4 TERMITE CONTROL             02281               $ 4,000      ACME                  $ 4,000
 5 BUILDING/SITE LAYOUT        02620-             $ 10,800      ACME                 $ 10,800
                               02642
 6   HYDROMULCH WATER          01020              $ 10,000      ACME                 $ 10,000
     (ALLOWANCE)
 7   HYDROMULCH                02604            $ 10,000        ACME                 $ 10,000
 8   FENCING                   02701              $ 2,375       ACME                   $ 2,375
 9   SITE CONCRETE             02408-          $ 241,000        ACME                $ 241,000
                               02433
10   STRUCTURAL CONCRETE       03300         $ 1,300,000        ACME           $ 1,300,000
11   PIER DRILLING             03310            $ 35,000        ACME              $ 35,000
12   HOLLOW CORE PLANKS        03410           $ 325,000        ACME             $ 325,000
13   MASONRY                   04200           $ 500,000        ACME             $ 500,000
15   PRE-ENGINEERED            05120-        $ 2,500,000        ACME           $ 2,500,000
     BLDG.ERECTED              05500
16   METAL WALL PANELS &       05120           $ 157,000        ACME                $ 157,000
     SOFFIT
17   MISCL. STEEL & ERECTION   05500            $ 40,200        ACME                 $ 40,200
18   ROUGH CARPENTRY           06100           $ 131,500        ACME                $ 131,500
19   MILLWORK & CASEWORK       06200,12320     $ 197,000        ACME                $ 197,000
20   D.P./RIGID/CAULKING       07115,07200      $ 50,000        ACME                 $ 50,000
                               ,07260,0790
                               0
22   HOLLOW METAL              08100              $ 27,000      ACME                 $ 27,000
     DOORS/FRAMES
23   WOOD DOORS                08210            $ 21,000        ACME                 $ 21,000
24   ALUMINUN                  08400,08500     $ 120,000        ACME                $ 120,000
     STOREFRONT/GLAZING        ,08810,
25   FINISH HARDWARE           08710            $ 40,000        ACME                 $ 40,000
27   DRYWALL & FRAMING         09250,05400     $ 445,000        ACME                $ 445,000
                               ,07200
29   CERAMIC TILE              09310           $ 105,000        ACME                $ 105,000
31   STAGE WOOD FLOORING       09551              $ 9,900       ACME                   $ 9,900
32   VCT/CARPET                09650,9680       $ 95,000        ACME                 $ 95,000
33   PAINTING                  09900           $ 105,000        ACME                $ 105,000
34   SPECIALTIES               10050,05800     $ 175,000        ACME                $ 175,000
                               ,02824,1015
                               6,10350,104
                               00,10650
35   STAGE CURTAINS            11140              $ 6,500       ACME                $ 6,500
37   KITCHEN EQUIPMENT         11400           $ 258,000        ACME             $ 258,000
38   LIBRARY FURNITURE         12341            $ 40,850        ACME              $ 40,850
40   PLUMBING                  15400           $ 675,000        ACME             $ 675,000
41   FIRE PROTECTION           15500           $ 100,000        ACME             $ 100,000
42   HVAC                      15700         $ 1,000,000        ACME           $ 1,000,000
43   TEST & BALANCE            15880            $ 20,000        ACME              $ 20,000
                                             16
44   DDC CONTROLS                15975            $ 75,000        ACME                 $ 75,000
45   ELECTRICAL                  16000          $ 935,000         ACME                $ 935,000
47   FINAL CLEAN                                  $ 21,000        ACME                 $ 21,000
49   LANDSCAPING                 02210          $ 100,000         ACME                $ 100,000
          COLUMN TOTALS                       $10,278,125                          $ 10,278,125
                                                             Cost of               $ 10,278,125
                                                             work/GMP
                                                             CM Fee %


                                                              Total for Cost
                                                             of Work incl CM
                                                                    Fee
     Bonds                                                   Total for Bonds
     Insurance                                                   Total for
                                                                insurance
     General Conditions                                          Total for
                                                                 General
                                                                Conditions
                                                              (assume a 12
                                                             month contract)
                                                              Monthly Price:
                                                             _____________
                                                              X12 months =
                                                              Total Cost of    $
                                                                  Project

                           This is only a sample construction project

The above “sample project” shows how SMCISD will apply fees and charges, if it is your intent to
use some other methodology please indicate so on this bid sheet and return with your pro




                                               17
ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for sixty (60) days from receiving date. Proposer
acknowledges and agrees to the changes made to the AIA Document A121CMc-2003 and Document
565 Standard Form of Agreement Between Owner and Construction Manager as well as the changes
made to AIA Document A201-1997 General Conditions of the Contract for Construction, both of which
will be used as the agreement between Owner and Construction Manager. Addendums Attached


PROPOSAL FORM SIGNATURE(S)

The Corporate Seal of:




                                                  (Seal)



was hereunto affixed in the presence of:



                                 (Signature of Authorized Signing Officer)


                                                  (Title)



If the Proposal is a joint venture or partnership, add additional forms of execution for each member of the
joint venture in the appropriate form or forms as above.


                                       END OF PROPOSAL FORM




                                                    18
PROPOSAL FORM New Middle School
To:            San Marcos Consolidated ISD
               Cindy Casparis-Purchasing Agent
               P.O. Box 1087
               600 Wonder World Dr
               San Marcos, TX 78667

Project:       Building Program - New Middle School
               CONSTRUCTION MANAGEMENT “At Risk”/CONTRACTOR SERVICES
               San Marcos Consolidated Independent School District

Date:

Offer:         __________________________
                     Company Name
               __________________________
                     Address
               __________________________
                     Telephone and Fax

We, the undersigned, hereby offer to enter into a Contract to furnish Construction Management “At
Risk”/Contractor Services for the following Fee as outlined below.


         PROPOSAL


We propose a fee to provide Construction Management Contractor services at the
following percentage of the actual cost of the work:

FEE:___________________________%

The cost of work does not include insurance, bonds or general condition
items, these will be paid at actual cost charged to the CM@Risk.


PLEASE INCLUDE A COMPLETE LIST OF YOUR GENERAL CONDITIONS, YOU DO NOT NEED TO
                     INCLUDE PRICING AT THIS TIME FOR GC’S




         PROPOSAL FORM CONTINUED-THIS FORM MUST BE INCLUDED IN YOUR RESPONSE

                                                  19
                                        ATTACHMENT A
SAMPLE CONSTRUCTION                          BID DATE:                 BLDG. SQ. FOOTAGE
PROJECT
   DESCRIPTION                 SPEC SEC.      SUB EST.       COMPANY NAME   TOTAL
 1 OWNERS ALLOWANCES           01020            $ 51,500        ACME                 $ 51,500
 2 SITEWORK                    02200           $ 330,000        ACME                $ 330,000
 3 TEMP. CONSTRUCTION          02200              $ 8,500       ACME                   $ 8,500
   ENTRY
 4 TERMITE CONTROL             02281               $ 4,000      ACME                  $ 4,000
 5 BUILDING/SITE LAYOUT        02620-             $ 10,800      ACME                 $ 10,800
                               02642
 6   HYDROMULCH WATER          01020              $ 10,000      ACME                 $ 10,000
     (ALLOWANCE)
 7   HYDROMULCH                02604            $ 10,000        ACME                 $ 10,000
 8   FENCING                   02701              $ 2,375       ACME                   $ 2,375
 9   SITE CONCRETE             02408-          $ 241,000        ACME                $ 241,000
                               02433
10   STRUCTURAL CONCRETE       03300         $ 1,300,000        ACME           $ 1,300,000
11   PIER DRILLING             03310            $ 35,000        ACME              $ 35,000
12   HOLLOW CORE PLANKS        03410           $ 325,000        ACME             $ 325,000
13   MASONRY                   04200           $ 500,000        ACME             $ 500,000
15   PRE-ENGINEERED            05120-        $ 2,500,000        ACME           $ 2,500,000
     BLDG.ERECTED              05500
16   METAL WALL PANELS &       05120           $ 157,000        ACME                $ 157,000
     SOFFIT
17   MISCL. STEEL & ERECTION   05500            $ 40,200        ACME                 $ 40,200
18   ROUGH CARPENTRY           06100           $ 131,500        ACME                $ 131,500
19   MILLWORK & CASEWORK       06200,12320     $ 197,000        ACME                $ 197,000
20   D.P./RIGID/CAULKING       07115,07200      $ 50,000        ACME                 $ 50,000
                               ,07260,0790
                               0
22   HOLLOW METAL              08100              $ 27,000      ACME                 $ 27,000
     DOORS/FRAMES
23   WOOD DOORS                08210            $ 21,000        ACME                 $ 21,000
24   ALUMINUN                  08400,08500     $ 120,000        ACME                $ 120,000
     STOREFRONT/GLAZING        ,08810,
25   FINISH HARDWARE           08710            $ 40,000        ACME                 $ 40,000
27   DRYWALL & FRAMING         09250,05400     $ 445,000        ACME                $ 445,000
                               ,07200
29   CERAMIC TILE              09310           $ 105,000        ACME                $ 105,000
31   STAGE WOOD FLOORING       09551              $ 9,900       ACME                   $ 9,900
32   VCT/CARPET                09650,9680       $ 95,000        ACME                 $ 95,000
33   PAINTING                  09900           $ 105,000        ACME                $ 105,000
34   SPECIALTIES               10050,05800     $ 175,000        ACME                $ 175,000
                               ,02824,1015
                               6,10350,104
                               00,10650
35   STAGE CURTAINS            11140              $ 6,500       ACME                $ 6,500
37   KITCHEN EQUIPMENT         11400           $ 258,000        ACME             $ 258,000
38   LIBRARY FURNITURE         12341            $ 40,850        ACME              $ 40,850
40   PLUMBING                  15400           $ 675,000        ACME             $ 675,000
41   FIRE PROTECTION           15500           $ 100,000        ACME             $ 100,000
42   HVAC                      15700         $ 1,000,000        ACME           $ 1,000,000
43   TEST & BALANCE            15880            $ 20,000        ACME              $ 20,000

44   DDC CONTROLS              15975              $ 75,000      ACME                 $ 75,000

                                             20
45   ELECTRICAL                  16000          $ 935,000         ACME                $ 935,000
47   FINAL CLEAN                                  $ 21,000        ACME                 $ 21,000
49   LANDSCAPING                 02210          $ 100,000         ACME                $ 100,000
          COLUMN TOTALS                       $10,278,125                          $ 10,278,125
                                                             Cost of               $ 10,278,125
                                                             work/GMP
                                                             CM Fee %


                                                              Total for Cost
                                                             of Work incl CM
                                                                    Fee
     Bonds                                                   Total for Bonds
     Insurance                                                   Total for
                                                                insurance
     General Conditions                                          Total for
                                                                 General
                                                                Conditions
                                                              (assume a 12
                                                             month contract)
                                                              Monthly Price:
                                                             _____________
                                                              X12 months =
                                                              Total Cost of    $
                                                                  Project

                           This is only a sample construction project

The above “sample project” shows how SMCISD will apply fees and charges, if it is your intent to
use some other methodology please indicate so on this bid sheet and return with your proposal

                           This is only a sample construction project




ACCEPTANCE
                                               21
This offer shall be open to acceptance and is irrevocable for sixty (60) days from receiving date. Proposer
acknowledges and agrees to the changes made to the AIA Document A121CMc-2003 and Document
565 Standard Form of Agreement Between Owner and Construction Manager as well as the changes
made to AIA Document A201-1997 General Conditions of the Contract for Construction, both of which
will be used as the agreement between Owner and Construction Manager. Addendums Attached.
.

PROPOSAL FORM SIGNATURE(S)

The Corporate Seal of:




                                                  (Seal)



was hereunto affixed in the presence of:



                                 (Signature of Authorized Signing Officer)


                                                  (Title)



If the Proposal is a joint venture or partnership, add additional forms of execution for each member of the
joint venture in the appropriate form or forms as above.


                                       END OF PROPOSAL FORM




                                                    22
               Insurance Requirements for Construction Manager at Risk
Workers Compensation                                  Statutory
Employers Liability                                   $500,000

Commercial General Liability                          $1,000,000 per Occurrence
(District Additional Insured)                         $2,000,000 Aggregate
                                                      $1,000.000 Products/Completed Operations
                                                                $1,000,000 Personal & Advertising Injury
                                                      $ 50,000 Fire Damage
                                                      $    5,000 Medical

Contractor’s Pollution Liability                      $1,000,000 per Occurrence
                                                      $1,000,000 Aggregate

Commercial Auto Liability
 (Any auto, hired auto, non-owned auto)               $1,000,000 Bodily Injury per Person
 (District Additional Insured)                        $2,000,000 Bodily Injury per Occurrence

                                                      $1,000,000 Property Damage per occurrence

Builder’s Risk                                        Full Value of Contract

Excess (Umbrella) Insurance
   - Limits of Liability
        Cost of Construction of Project Minimum Limit Required Per Occurrence/Aggregate

         Up to $2,499,999                                      $ 1,000,000
         $ 2,500,000 - $4,999,999                              $ 2,000,000
         $ 5,000,000 - $7,499,999                              $ 3,000,000
         $ 7,500,000 - $9,999,999                              $ 5,000,000
         $10,000,000 - $14,999,999                             $ 7,000,000
         $15,000,000 & over                                    $10,000,000



The Construction Manager shall not commence work until all required insurance have been obtained and until such
insurance has been reviewed and approved in writing by the District. Approval of the insurance by the District shall not
relieve nor decrease the liability of the Construction Manager. Prior to commencing any of the Preconstruction Services,
the Construction Manager shall provide evidence as required that coverages for Employer’s Liability, Workers’
Compensation, Commercial General Liability, Auto Liability, Errors & Omissions and Excess Liability as set forth above
are in full force and effect. Prior to commencing any construction work, Builder’s Risk shall be in full force and effect
and shall be increased as necessary for each separate bid package, phase, or stage of construction prior to the
commencement of construction for that package, phase, or stage.

Insurance shall be written by an insurance company or companies satisfactory to District and licensed to do business in
Texas, with a rating of not less than B+ in the last available Best’s Rating Guide; include clauses whereby each
underwriter agrees to waive its rights of subrogation against the District; include severability of interest and cross liability
endorsements; and include a provision stating that coverages afforded under the policies will not be terminated,
materially modified, or allowed to expire until at least 30 days prior written notice has been given to District during the
term of the contract.

                                                              23
Certificates evidencing the existence of all such insurance shall be provided to the District promptly with the execution
and delivery of contract and prior to the continued or additional performance of any services to be performed by the
Construction manager.

The District reserves the right to review the insurance requirements set forth in this Addendum during the effective
period of the contract and to make reasonable adjustments to the insurance coverages and their limits when deemed
necessary and prudent by the District based upon changes in statutory law, court decisions, or the claims history of the
industry as well as the Construction Manager.

The Owner shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements
thereto and may make any reasonable requests for deletion, or revision or modification of particular policy terms,
conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon
either of the Parties or the underwriter of any of such polices. Actual losses not covered by insurance as required by this
Addendum shall be paid by the Construction Manager.




                                                            24
Felony Conviction Notification


State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History,
Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance
notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The
notice must include a general description of the conduct resulting in the conviction of a felony.”

Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines
that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct
resulting in the conviction. The district must compensate the person or business entity for services performed before the
termination of the contract.”

This Notice Is Not Required of a Publicly-Held Corporation

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony
convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.

Vendor’s Name:
_____________________________________________________________________________________

Authorized Company Official’s Name (Printed):
_____________________________________________________________________________________


A. My firm is a publicly-held corporation, therefore, this reporting requirement is not applicable.

   Signature of Company Official:
   __________________________________________________________________________________

B. My firm is not owned nor operated by anyone who has been convicted of a felony:

  Signature of Company Official:
  __________________________________________________________________________________

C. My firm is owned by or operated by the following individual(s) who has/have been convicted

   Name of Felon(s):
   _________________________________________________________________________________

   Details of Conviction(s):
   _________________________________________________________________________________

   _________________________________________________________________________________

   Signature of Company Official:
   _________________________________________________________________________________



                                                             25
                       SAN MARCOS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT’S
                            STANDARD ADDENDUM TO AIA DOCUMENT A201-1997
                               STANDARD FORM OF GENERAL CONDITIONS
                                 OF THE CONTRACT FOR CONSTRUCTION

 This Addendum is incorporated into and made part of the Standard Form of General Conditions of the Contractor
for Construction (AIA Document A201-1997). Notwithstanding any terms to the contrary contained in the Standard
Form of General Conditions of the Contractor for Construction, the terms contained in this Addendum shall control.
   However, if there should exist a conflict between these Addendum terms and conditions and those set forth in
          Owner’s technical specifications for procurement, the latter terms and conditions shall control.

Paragraphs and subparagraphs referenced below refer to paragraphs and subparagraphs set out in AIA Document
                                               A201-1997:


1.5.1    The following is made part of this paragraph:

Signing the Construction Agreement shall be considered a signing of all Contract Documents identified herein or
               otherwise.


2.1.1  The following is made part of this subparagraph:
       The Owner’s designated Representative has limited authority to make final decisions. All
decisions made by the Owner’s Representative are contingent on the approval of the Owner’s Board of
Trustees.
         Delete this subparagraph in its entirety.

         Delete this subparagraph in its entirety.


2.2.2    The following is made part of this subparagraph:

Such costs are not part of the cost of construction.


2.2.3    The following is made part of this subparagraph:

Costs associated with this obligation are not part of the cost of construction.

3.2.1    Delete the subparagraph in its entirety and replace with the following:

          Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully
study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as
information furnished        by Owner pursuant to Subparagraph 2.2.3, shall take field measurements of any existing conditions
related to that portion of the Work and shall observe any conditions at the site affecting it. Any errors, inconsistencies or
omissions discovered by the Contractor shall be promptly reported to the Architect in such form required by the Architect.

Add the following as 3.2.1.1:

         Contractor shall study and compare Contract Documents with existing Project site conditions and shall report to Architect,
in writing, any error, inconsistency or omission Contractor may discover or any materials, systems, procedures or methods of
construction which Contractor believes is incorrect, inadequate, obsolete, or unsuitable for the intended purpose(s) or which
Contractor would not otherwise warrant. Contractor shall not proceed with that portion of the Work until written instructions are
receive from Architect.

                                                               26
        3.2.3    Delete this subparagraph in its entirety and replace with the following:

                 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the
        Architect in response to the Contractor’s notices or requests for information pursuant to Subparagraphs 3.2.1, 3.2.1.1 and 3.2.2,
        Contractor shall make       Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform theobligations
        of Subparagraphs 3.2.1 and 3.2.1.1 and 3.2.2, Contractor shall pay such costs and damages to Owner as would have been avoided if
        Contractor has performed such obligations.

        3.3.1    Delete the last sentence in this subparagraph.

        3.5.1    The following is made part of this subparagraph:

                 Contractor shall provide Owner, before final payment by Owner, a complete set of warranties from subcontractors,
        manufacturers, or suppliers, as appropriate and executed by Contractor as necessary, with a commencement of warranty to begin on
        the date of Substantial Completion.

        3.6.1    The following is made part of this subparagraph:

        The Owner qualifies for exemption from State and Local Sales Tax. Taxes normally levied in connection with the
                       performance of this Contract may be exempted. To the extent permitted by law, Owner agrees to
                       provide applicable exemption certificates to suppliers of materials and equipment utilized to fulfill
                       the terms of this Contract. Contractor shall pay all necessary local, county, municipal, state and
                       federal taxes as may be required by law.


        3.9.1    The following is made part of this subparagraph:

        The Owner may at its sole discretion reject any engineer, consultant, job superintendent, subcontractors and
                     suppliers involved in the Project. Written notice to Contractor from Owner’s designated
                     Representative shall serve as Owner’s notice of rejection.

        3.15.1   The following is made part of this subparagraph:

                 Further, at completion of the Work, Contractor shall clean, sweep, mop, brush and polish, as appropriate, the interior of the
        improvements or renovated areas, including but not limited to, any floors, carpeting, ducts, fixtures, and filters in ventilation units
        operated during construction. Contractor shall clear exterior guttering, drainage, walkways, driveways and roofs of debris.

        4.1.1    Delete the last sentence in this subparagraph and replace with the following:

                 “Architect” shall mean Architect or Design Professional.


        4.1.2    This subparagraph is deleted in its entirety.


        4.1.3    This subparagraph is deleted in its entirety and replaced as follows:

        If the employment of the Architect is terminated, the Owner shall employ a new Architect of Owner’s choosing.


        4.2.2    The following is made part of this subparagraph:

        Upon request of Architect or Owner’s Representative, the Contractor shall accompany Architect on an inspection
                       tour of the Project. Such inspection tours shall be in addition to any site visits which may be set out
                       in the Contract Documents.

Delete the last sentence in this subparagraph.
                                                                         27
        4.3.2    This subparagraph is deleted in its entirety and replaced with the following:

        Notwithstanding anything to the contrary contained herein, claims by either party shall be deemed to have occurred
                        in accordance with the laws of the State of Texas and any and all applicable statutes of limitations
                        shall commence to run in accordance with the laws of the State of Texas.


        4.3.8    The following is made part of this subparagraph:

        The 21 day notice requirement set out herein is for the benefit of the parties and shall have no effect on applicable
                        statues of limitations which shall run in accordance with the laws of the State of Texas.

Delete this subparagraph in its entirety.


        4.4.1.   The last sentence of this subparagraph is deleted.


        4.4.5    The last sentence of this subparagraph is deleted and replaced as follows:

        The approval or rejection of a claim by the Architect shall at the sole election of Owner be binding upon the parties.


        4.4.6    This subparagraph is deleted in its entirety.


        4.4.8    This subparagraph is deleted in its entirety and replaced with the following:

        If a claim relates to or is the subject of a mechanic’s lien, the party asserting such claim may proceed in accordance
                          with applicable law to comply with the lien notice or filing deadlines.


        4.5      Mediation.

        The subparagraphs hereunder are deleted in their entirety and replaced with the following:

        At the sole election of Owner, any claims, dispute or other matter in question arising out of or related to the Contract
                          shall be subject to mediation as a condition precedent to the institution of legal or equitable
                          proceedings by either party against each other. Request for mediation shall be in writing to the
                          other party. The parties shall share the cost of any mediator’s fee equally.


        4.6      Arbitration.

        This paragraph is deleted in its entirety including all subparagraphs therein.


        5.2.1    The last sentence of this subparagraph is deleted and replaced as follows:

        Failure of the Owner or Architect to reply within fifteen (15) days of receipt of notice from Contractor shall constitute
                        notice of no reasonable objection.


        5.2.2    The last sentence of this subparagraph is deleted.


                                                                       28
        5.2.3    This subparagraph is deleted in its entirety.


        5.3.1    The following sentence is added to this subparagraph:

        Contractor shall in no event enter into any agreement with a Subcontractor which in any way diminishes or defeats
                         the rights of the Owner as set out herein or otherwise.


        6.2.3    The following sentence is added to this subparagraph:

                 Notwithstanding anything to the contrary contained herein or elsewhere, all costs of any sort incurred by Owner resulting
                 from the Contractor’s oversights, inattention to detail, improperly timed activities, failure to perform adequately or follow
                 proper procedures shall be borne by Contractor.


        7.3.6    The following sentence is added to this subparagraph.

        Despite anything to the contrary contained herein or in related documents, overhead and profit charged by
                        Contractor shall not exceed 10% of the actual cost of any change order if the work is performed by
                        Contractor or 5% if the work is done by a Subcontractor supervised by Contractor.

        8.3.1    Delete the following from this subparagraph:

                 “pending mediation and arbitration”

        9.2.1    The following is made part of this subparagraph:

                 Further, the schedule of values shall be in sufficient detail and form acceptable to Owner.

        9.6.7    Delete the last sentence in this subparagraph.

        9.7.1    This subparagraph is deleted in its entirety and replaced with the following:

        If the Architect does not issue a certificate for payment, through no fault of the Contractor, within 7 days after receipt
                          of the Contractor’s application for payment or if the Owner does not pay the Contractor within 7
                          days after the date established in the Contract Documents the amount certified by the Architect,
                          then the Contractor may upon 7 additional days written notice to Owner and Architect, stop work
                          until payment of the amount owing is received.


        9.8.1    The following sentences are added to this subparagraph:

        If Substantial Completion is not achieved by the date designated in the Contract Documents, Owner may withhold
                         further payments to Contractor until Substantial Completion is certified by the Architect. Owner
                         may deduct from payment to Contractor any liquidated damages which may be owed to Owner by
                         Contractor.

Delete this subparagraph in its entirety.

Delete this subparagraph in its entirety.

Delete this subparagraph in its entirety.

Delete the following from this subparagraph: “unless such materials or substances were required by the Contract
        Documents”

Delete this subparagraph in its entirety.

                                                                         29
11.1.2   This subparagraph is deleted in its entirety and replaced with the following:

The insurance required by subparagraph 11.1.1 shall be written for not less than the limits set out
               below or as otherwise required by Owner:

         1.       Worker’s Compensation                $ Statutory or as otherwise required
                  Employer’s Liability                 $ Statutory or as otherwise required

         2.       Comprehensive General Liability

                  a.       Bodily Injury
                           Each Occurrence
                           Aggregate

                  b.       Property Damage
                           Each Occurrence
                           Aggregate

         3.       Motor Vehicle Liability

                  a.       Bodily Injury
                           Each Person
                           Each Occurrence

                  b.       Property Damage
                           Each Occurrence
                           Aggregate

         4.       Contractor shall additionally maintain Umbrella Excess Liability insurance in an amount not less than $

         5.        Completed Operations liability in an amount not less than $ to remain in effect one (1) year from the date of
issuance of final certificate of payment.

        Each policy listed above shall contain a complete waiver of subrogation against Owner,     Architect and Architect’s
Engineers. Each certificate shall also list Owner as a party insured.

Notwithstanding anything to the contrary contained herein or omitted herefrom Contractor shall maintain insurance
for all potential claims set out in subparagraph 11.1.1 which shall be maintained from the date of commencement of
the work until final completion or longer as may be specified.


11.2 and 11.2.1 This section and subparagraph is deleted in its entirety.


11.3.1   This subparagraph is deleted and replaced as follows:

The Owner at Owner’s sole discretion may require Contractor to purchase and maintain Project Management
Protective Liability Insurance from a source acceptable to Owner, as primary coverage for the Owner’s, Contractor’s
and Architect’s vicarious liability for construction operations. The Contract sum shall not be increased by the cost of
such insurance. Contractor shall remain responsible for coverages set out in subparagraphs 11.1.1 and 11.1.2
herein. Minimum limits for Project Management Liability Insurance shall be not less than the aggregate limits for
Contractor’s liability insurance set out herein.


11.4.1   This subparagraph is amended as follows:

                                                               30
The first sentence is amended to read: The Contractor shall purchase….(continued as written).

The following sentence is added:

Contractor shall be solely responsible for payment of any deductibles set out in any policy obtained pursuant to this
section. Further Contractor approval from Owner of any carrier from whom Contractor intends to obtain any
required insurance.


11.4.1.2 This subparagraph is deleted in its entirety.


11.4.1.3This subparagraph is amended as follows:

                  Owner is deleted and contractor substituted in its place.

11.4.2   The first sentence of this subparagraph is amended to read as follows:

The Contractor shall purchase…(continue as written).


11.4.3   The second sentence of this subparagraph is deleted in its entirety.


11.4.6   This subparagraph is deleted and replaced as follows:

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 paragraph 11.4. Each policy shall contain all applicable conditions, definitions,
exclusions and endorsements related to the project. Each policy shall contain a provision that the policy will not be
canceled or allowed to expire and that the limits will not be reduced.


11.4.8   The first sentence of this subparagraph is deleted and replaced with the following:

A loss insured under Contractor’s property insurance shall be adjusted by Contractor as fiduciary and made payable
to Contractor as fiduciary for the insureds and paid to the insureds, as their interests may appear, subject to the
requirements of subparagraph 11.4.10.


11.4.9   This subparagraph is deleted in its entirety and replaced as follows:

If required in writing by a party in interest, the Contractor as fiduciary shall, upon occurrence of an insured loss, give
bond for proper performance of the Contractor’s duties. The Contractor shall deposit in a separate account
proceeds so received, which the Contractor shall distribute in accordance with the interest of each party insured.


11.4.10 This subparagraph is deleted in its entirety and replaced with the following:

The Contractor as fiduciary shall adjust and settle a loss with insurers unless Owner or other party at interest shall
               object in writing within 5 days of the occurrence of loss. Any dispute shall be settled in accordance
               with the limitations set out in paragraph 4.5 herein.


11.5.1   This subparagraph is deleted in its entirety and replaced with the following:

                  Contractor shall provide performance bonds and payment bonds in an amount of 100% of the
                  Contract price. The Bond shall be in a form acceptable to Owner. Owner shall have the right to
                  approve the surety or sureties proposed by Contractor.

                                                               31
12.2.2.1 Delete the last two sentences in this subparagraph.


13.1.1   This subparagraph is deleted in its entirety and replaced with the following:

         This Agreement shall be governed by the laws of the State of Texas. Venue shall be mandatory in Hays County, Texas.


13.2.2   The following phrase is added to the beginning of the first sentence of this paragraph:

         As may be permitted by law, . . .


13.6.1   This subparagraph is deleted in its entirety and replaced with the following:

Payments due Contractor under the Contract Documents shall be deemed late 30 days from the date payment is
              due. Commencing three (3) days from the date payment is due unpaid payments shall accrue
              interest at the rate for school districts set out under Texas Law.


13.7.1

Paragraph 13.7.1 is deleted in its entirety and replaced with the following:

All statutory limitations periods shall commence in accordance with the laws of the State of Texas.


14.1 through 14.4.3

         These subparagraphs are deleted in their entirety and replaced with the following:

         A.       Termination by Contractor

         1.        If the Work is stopped for a period of 90 days by an Order of any court or other public authority, or as a result of
         an act of the Government, through no fault of the Contractor or any person or entity working directly or indirectly for the
         Contractor, the Contractor may, upon ten (10) days’ written notice to the Owner and the Architect, terminate performance
         under this Contract. In such event, the Architect shall determine amounts owed to the Contractor for Work completed as of
         the date of termination and shall issue a Certificate for Payment as appropriate. Retainages shall be held by the Owner for
         thirty (30) days following the date of termination, pending a final inspection of the Work completed as of the date of
         termination. The Contractor shall then be entitled to accumulated retainages and withheld payments.

         2.        If the Owner shall persistently or repeatedly fail to perform any material obligation to the Contractor for a period
         of thirty (30) days after receiving written notice from the Contractor of its intent to terminate hereunder, the Contractor
         may terminate performance under this Contract by written notice to the Architect and the Owner. In such event, the
         Contractor’s sole remedy in contract, tort and equity against the Owner shall be the same recovery against the Owner, if
         any, to which the Contractor would be entitled as though the Owner had terminated the Contractor’s performance under
         this Contract for convenience.

         B.       Termination By the Owner

         For Convenience

         1.       The Owner may for any reason, and without prejudice to any other rights or remedies it may have under law or the
         Contract Documents, terminate the Contractor under this Agreement for convenience and without cause, either as to the
         entire Work or to any portion thereof. The Owner shall give written notice of such termination to the Contractor specifying

                                                                 32
when termination becomes effective.

2.       Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Contractor
shall cease operations as directed by the Owner in the notice and take actions necessary, or that the Owner may direct, for
the protection and preservation of the Work. The notice may direct the Contractor terminate all existing subcontracts and
purchase orders and enter into no further subcontracts and purchase orders pertaining to the terminated Work. The Owner
may direct to the Contractor to assign the Contractor’s right, title, and interest under purchase orders or subcontracts to the
Owner or its designee.

3.       Upon such termination for convenience, at the option and at the written direction of the Owner, the Contractor
         shall comply with the following:

         a.       Transfer to the Owner, title and possession to completed or partially completed Work as well as
         materials, equipment, supplies, parts, fixtures, as the Owner may direct;

         b.       Submit a termination claim to the Owner and the Architect specifying the amounts the Contractor claims
         to be due because of the termination for convenience, together with costs, pricing, or other data as may be
         required by the Owner or Architect.

4.       Upon such termination for convenience, the Contractor shall be entitled to remuneration for the following:

         a.        Wages or other labor costs actually paid or due for labor performed by the Contractor on the terminated
                   Work completed prior to the date of termination;

         b.        The cost, less salvage value where appropriate, of materials, equipment, supplies purchased or leased by
                   the Contractor exclusively for use or incorporation in the terminated Work;

         c.        Other reasonable costs incurred in preparing to perform and in performing Work completed prior to the
                   date of termination, and reasonable costs incurred in terminating the Contractor’s performance;

         d.        A fair and reasonable allowance for overhead and profit on the terminated Work completed prior to the
                   date of termination except in the circumstance where the Contractor would have not profited or would
                   have sustained a loss if the entire Work had been completed.

5.       However, upon termination for convenience by the Owner, the Contractor shall not be entitled to, and by
         entering into this Agreement, waives all claim to, each of the following:

         a.        the anticipated profit from completing the entire Work as called for in the Contract Documents; and

         b.        consequential damages.

6.       In no event may any sum due under this subparagraph exceed the Contract Price.

7.       The operation of this subparagraph shall not entitle the Contractor to double payment for any item of
         remuneration as set forth in said Subparagraph, and the termination claim submitted by the Contractor shall
         take into account payments already received from the Owner for the Work or any part thereof.

C. For Cause

1.       The Owner, without prejudice to any other rights or remedies it may have under the law or the Contract
         Documents, may terminate for cause the services of the Contract under this Agreement, either as to the entire
         Work or as to any portion thereof for any one or any combination of the following reasons:

         a.        The Contractor is adjudged bankrupt, makes an assignment for the benefits of creditors, or goes into
                   receivership;

         b.        The Contractor refuses or fails after notice or warning from the Owner, to supply enough properly

                                                         33
                          skilled workmen or proper or sufficient materials or equipment;

                 c.       The Contractor fails to reach Substantial Completion of the Work within the Contract Time, or fails or
                          refuses to perform the Work with such diligence as will insure it Substantial Completion within the
                          Contract Time;

                 d.       The Contractor fails to make prompt payment to Subcontractors or other persons performing labor or
                          supplying materials for the Work;

                 e.       The Contractor disregards laws, ordinances, the instructions of the Owner, or the properly authorized
                          directions of the Architect;

                 f.       Any Subcontractor becomes insolvent, enters bankruptcy, receivership or other like proceeding, or
                          makes an assignment for the benefit of creditors, and the Contractor, within fifteen (15) days after
                          receipt of notice from the Owner, fails to provide satisfactory evidence that the Contractor will either
                          perform the Work of such Subcontractor with the Contractor’s own forces in a timely manner, or replace
                          the Subcontractor with another suitably qualified Subcontractor who is ready, willing and able to
                          perform the Subcontractor’s Work in a timely manner.

                 g.       Any violation of a material provision of this Agreement or other Contract Documents.

        2.       In the event of termination for cause, the Owner may, without prejudice to any other rights or remedies of the
                 Owner, and upon seven (7) days’ written notice to Contractor, take possession of the Work and the Work site, or
                 any portion thereof, and complete the Work itself or by contract or otherwise, as the Owner may deem expedient,
                 take possession of all materials, equipment, tools, construction equipment and machinery thereon to which Owner
                 is lawfully entitled and may finish the Work by whatever methods it may deem expedient. In such case, the
                 Contractor shall not be entitled to receive any further payment until the Work is finished. Contractor shall make
                 such assignments of subcontractors as Owner may direct.


        3.       If the amount of the unpaid balance of the Contract Price due and Owing for the operations completed under the
                 Contract Documents at the time of the termination exceeds the cost to the Owner of finishing the Work, including
                 compensation for the Architect’s additional services and expenses made necessary thereby and any damages
                 caused to the Owner by delay, such excess shall be paid to the Contractor. If such cost and delay damages exceed
                 the amount of the unpaid balance of the Contract Price due and owing for operations completed under the
                 Contract at the time of termination, the Contractor is liable to and shall pay the Owner for the difference. This
                 obligation for payment shall survive the termination of the Contract, and is without prejudice to any other rights
                 or remedies the Owner may have under law or the Contract Documents.

        4.       In the event the employment of the Contractor is terminated by the Owner for cause pursuant to Subparagraph
                 11.2.2 and it is subsequently determined by a Court of competent jurisdiction that such termination was without
                 cause, such termination shall thereupon be deemed a termination for convenience under Subparagraph 11.2.1 and
                 the provisions of 11.2.1 shall apply. In such event, Contractor hereby waives any right it may otherwise have
                 under law or equity to some other measure of recovery against the Owner.

D.      Emergencies

        1.       In an emergency affecting safety of persons or property, the Contractor shall act to prevent threatened damage,
                 injury, or loss.



The following Additional Provisions are made a part of the General Conditions:


A.      Prevailing Wage Rates.


                                                               34
     1.     Owner requires that, pursuant to Texas Government Code Chapter 2258, the Contractor and all subcontractors
            shall pay all persons providing services under the Contract no less than those prevailing wage rates determined by
            the General Services Commission of the State of Texas for Building Construction Trades and the Federal
            Department of Labor for Heavy Highway Construction, as applicable.

     2.     The technical specifications for procurement contain the prevailing wage rates for Hays County, Texas as
            determined by the Owner’s Board of Trustees.


B.   Workers Compensation Coverage.

     1.     Contractor shall provide Owner with a copy of a certificate of insurance, a certificate of authority to self insure
            issued by the Texas Worker’s Compensation Commission or a coverage agreement (TWCC-81, TWCC-82,
            TWCC-83 or TWCC-84) showing statutory worker’s compensation insurance coverage for all person’s or entity’s
            employees providing services on a project for the duration of the project. Duration of the Project shall mean from
            the beginning of the Contractor’s work until final acceptance by Owner. Person’s providing services means
            without limitation all person’s of every sort providing any service to the Project whether or not that the Contractor
            has contracted directly with the person or the person’s employer.

     2.     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
            for all employees of the Contractor providing services on the Project, for the duration of the Project.

     3.     The Contractor shall provide a Certificate of Coverage to Owner prior to being awarded the Contract.

     4.     The Contractor must never permit a lapse in coverage during the term of the Contract. Should a coverage period
            end during the term of the Contract, the Contractor must file a new Certificate of Coverage with the Owner
            showing coverage has been extended.

     5.     The Contractor shall notify Owner in writing or by personal delivery or by certified mail within 3 days of the date
            the Contractor knew or should have known, of any change that materially affects any provision of coverage of any
            person providing services on the project.

     6.     The Contractor shall contractually require each person with whom it contracts to provide services on a project to:

            (i)      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 401.011 for all
                     of its employees providing services on the Project for the duration of the Project.

            (ii)     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.

            (iii)    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.

            (iv)     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.

            (v)      Retain all required certificates of coverage on the file for the duration of the Project and for one year
                     thereafter;

                                                           35
                           (vi)    Notify the Owner in writing by certified mail or personal delivery, within three 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

                           (vii)   Contractually require each person with whom it contracts to perform as required by
                                   Items 1-6 with the certificate of coverage to be provided to the person for whom they
                                   are providing services. By signing this Contract or providing or causing to be provided
                                   a certificate of coverage, the Contractor is representing to Owner that all employees of
                                   the Contractor and persons and entities 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.
        Contractor’s failure to comply with any of these provisions is a breach of Contract by the Contractor that entitles
        Owner to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of
        notice of breach from the Owner.

{Signature page follows}




        Agreed and accepted:


        OWNER:                                                         CONTRACTOR:

        San Marcos CISD                                                ____________________________________


        By:_________________________________                           By:_________________________________
               President, Board of Trustees
                                                                       Printed Name:________________________
        Date:_______________________________
                                                                       Title:_______________________________

        ATTEST:                                                        Date:_______________________________

        By: _____________________________
                Secretary, Board of Trustees




                                                                      36
         SAN MARCOS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT’S
                         STANDARD ADDENDUM TO
            AIA DOCUMENT A121 CMc – 2003 AND AGC DOCUMENT 565
                  STANDARD FORM OF AGREEMENT BETWEEN
                    OWNER AND CONSTRUCTION MANAGER
        WHERE THE CONSTRUCTION MANAGER IS ALSO THE CONSTRUCTOR


This Addendum is incorporated in and made part of the Standard Form of Agreement Between
Owner and Construction Manager where the Construction Manager is also the Constructor (AIA
    Document A121 CMc-2003 and AGC Document 565). Notwithstanding any terms to the
   contrary contained in the Standard Form of Agreement Between Owner and Construction
 Manager, the terms contained in this Addendum shall control. This Addendum is intended to
      be construed in harmony with the Standard Form of Agreement Between Owner and
 Construction Manager and Owner’s technical specifications for procurement. If there should
 exist a conflict between these Addendum terms and conditions and those set forth in Owner’s
      technical specifications for procurement, the latter terms and conditions shall control.


1.    Subsection 1.2 shall be amended by adding the following      sentence at the end of the      existing
      subsection:

      All amended, general, or supplementary conditions to the General Conditions of the Contract
      are also incorporated herein by reference.

2.    Subsection 2.1.5.4 shall be amended by adding the following at       the   end    of   the   existing
      subsection:

      Such recommendations shall include revisions and alterations to the Plan or substitutions of
      materials that will permit completion of the Work.

3.    Subsection 2.2.1 shall be amended by changing the term “shall” to “may” in the first sentence
      and by deleting “.” after Fee in the third line and continuing with “as determined by applying
      the    percentages the Construction Manager used in their proposal to the Cost of Work.
      The Guaranteed Maximum Price shall be supported with an appropriate Schedule of Values.
      The Guaranteed Maximum Price shall be provided to the Owner by an authorized
      representative for the Construction Manager.

4.    Subsection 2.2.10 shall be deleted and replaced with the following sentence:

      “The Guaranteed Maximum Price shall not include taxes which the Owner is exempt under
      Texas law from payment of in determination of the Cost of Work.”

5.    Subsection 2.3.2.1 shall be deleted and shall be replaced with the following paragraph:

             2.3.2.1         As required by Section 44.038, Texas Education Code, Construction

                                                   37
     Manager shall publicly advertise and solicit either competitive bids or competitive sealed
     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.
     Construction Manager may seek to perform portions of the work itself if the Construction
     Manager submits its bid or proposal for those portions of the work in the same manner as all
     other trade contractors or subcontractors, and if the Owner determines that the Construction
     Manager’s bid or proposal provides the best value for the Owner. Construction Manager and
     Owner shall receive and open 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.
     All bids or proposals shall be made public within seven (7) days after the date of final
     selection. Owner shall receive and review Construction Manager’s recommendations on
     which bids or proposals should be accepted and shall notify Construction Manager if Owner
     determines that a bid or proposal other than that recommended by Construction Manager
     provides the best value for the Owner. In such event, Owner reserves the right to determine
     that such other bid or proposal shall be accepted. Construction Manager shall, as a
     reimbursable cost subject to the Guaranteed Maximum Price, pay for all required
     advertisements for bids or proposals. All printing of plans and specifications required for
     bidding and construction purposes shall be paid for by Owner.

6.   Subsection 2.3.2.2 shall be deleted and replaced with the following paragraph:

     2.3.2.2. If the Construction Manager reviews, evaluates, and recommends to Owner a bid or
     proposal from a trade contractor or subcontractor, including a bid or proposal from the
     Construction Manager, but Owner requires another bid or proposal to be accepted, Owner
     shall compensate Construction manager by a change in price, time, or Guaranteed Maximum
     Price for any additional cost and risk that Construction Manager may incur because of
     Owner’s requirement that another bid or proposal be accepted.

7.   Subsection 2.3.2.5 shall be amended by replacing the final period with a comma and   adding the
     following words: “unless the schedule has already been prepared prior to the setting of the
     Guaranteed Maximum Price.”

8.   Subsection 3.2 shall be deleted and the following paragraph shall      be inserted in its      place:

             3.2     The Owner’s governing body, by majority vote, is the only representative of the
     Owner, an independent public school district and political subdivision of the State of Texas,
     having the power to enter into a contract, to execute a change order requiring an increase in the
     contract sum, or to agree to an extension to the contractual completion date. The Owner’s
     governing body shall designate, as appropriate, an authorized representative or representatives
     to act on its behalf during the course of construction. Such authorized representatives shall
     have authority to act on behalf of the Owner concerning decisions which do not require
     majority vote of the Owner’s governing body. Such authorized representative shall also bring
     recommendations to the Owner’s governing body on any matter requiring its approval. In the
     event that emergency changes in the scope of the Work are required before the governing
     body’s next regular meeting or in order to facilitate and expedite the timely completion of the
     Work, the governing body’s authorized representatives may approve construction changes that
     do not exceed $25,000.00 in increased costs. Any such change shall be confirmed in writing
     between the Construction Manager and the governing body’s authorized representatives and
                                                    38
      notice of such approved changes shall be given to the governing body at its next regular
      meeting.

9.    In the first sentence of subsection 3.3, the words “Basic Services” shall be changed to
      “Services.” In the second sentence of subsection 3.3, the words “those Additional Services
      described in AIA Document B141” shall be changes to “other       Services.”

10.   Subsection 4.1.1 is amended by adding the following after”:” Preconstruction Services will be
      reimbursed as direct Cost of Work pursuant to Article 6.

11.   Subsection 4.1.3 shall be deleted.

12.   Subsection 4.2.2 shall be completed by filling in the following in the blank labeled     “(Insert
      Rate of Interest Agreed Upon.)”: The interest rate shall be the legal rate established by Section
      2251.025, Texas Government Code.

13.   Subsection 5.1.1 shall be amended by deleting the existing language and replacing with “See
      Amendment No. 1”

14.   Subsection 5.2.1 shall be amended by changing the term “sum” in the third line to “sums” and by
      inserting “for” between “paid by” in the fifth line and by adding the following language at the end of
      the existing paragraph:

      Construction Manager and Owner acknowledge that some amounts will be included in the
      Guaranteed Maximum Price to cover contingencies, as provided by subsection 2.2.2 of this
      contract. Construction Manager hereby agrees that any contingency funds which are not
      expended for the Project shall not be included in the calculation of any savings available to the
      Construction Manager, if any, on the Project.

15.   Subsection 5.3.1 shall be amended by deleting the reference to subsection 7.3.3 and replacing it with
      reference to Article 7 of the General Conditions.

16.   Subsection 5.3.2 shall be amended by deleting the reference to subsection 7.3.3.3 and the reference to
      subsection 7.3.6 and replacing such references in each instance with a reference to Article 7 of the
      General Conditions.

17.   Subsection 5.3.3 shall be amended by deleting in the last      sentence “Fee as defined in     Section
      5.1.1 of this Agreement” and replacing with “Fee.”

18.   Subsection 6.1.3.1 shall be added as follows:

              6.1.3.1          Any subcontract work to be performed by the Construction Manager on
      the basis of a bid or proposal submitted by the Construction Manager per subsection 2.3.2.1, as
      amended, shall be treated as work performed by a subcontractor under subsection 6.1.3. The
      Construction Manager’s compensation for such subcontract work performed shall be based on
      the amount of the bid or proposal submitted by the Construction Manager for such work,
      rather than actual costs as provided elsewhere in Article 6 of this contract. Costs paid to the
      Construction Manager for such work shall be treated as “Subcontract Costs” for purposes of
                                                     39
      computing the allowable costs and fees payable to the Construction Manager.

19.   Subsection 6.1.6.2 shall be deleted.

20.   Subsection 6.1.6.4 shall be amended by deleting the phrase “other than that for which         payment is
      permitted by Section 6.1.8.2.” and replacing it with “if required to be   performed           by      a
      Construction Manager.”

21.   Subsection 6.1.6.5 shall be amended by placing a period after the first use of the phrase “Contract
      Documents” in the subsection        and deleting the rest of the existing subsection.

22.   Subsection 6.1.6.6 shall be deleted and replaced with the     following:

             6.1.6.6 Data processing costs related to the Work paid to third parties.

23.   Subsection 6.1.6.8 shall be amended by adding the following to the end of the existing paragraph:
      “Construction Manager shall first seek approval from Owner to incur legal, mediation, or arbitration
      costs, other than those arising from disputes between the Owner and Construction Manager, and must
      demonstrate that it has exhausted all other methods of being reimbursed from sources other than the
      Owner.

24.   Subsection 6.1.6.9 shall be deleted in its entirety.

25.   Subsection 6.1.8.2 shall be deleted in its entirety.

26.   Subsection 6.1.9 shall be amended by deleting the period at the end of the existing sentence, replacing
      it with a comma, and adding the following language: “or by amendments to this contract.”

27.   Subsection 6.2.1.6 shall be amended by deleting the phrase “Except as provided in             Section
      6.1.8.2.”

28    Subsection 6.3.1 shall be amended to insert a “.” after “Owner”       in the first sentence   anddeleting
      the rest of the existing subsection.

29.   Subsection 6.4.1 shall be amended by deleting the phrase “three years” and replacing it by the phrase
      “seven (7) years” in the second sentence of the existing subsection.

30.   Subsection 7.1.2 shall be amended by deleting the word “last” and replacing it with “25th,” and by
      changing the comma after the word “month” to a period and deleting the rest of the existing
      subsection.

31.   Subsection 7.1.3 shall be amended by inserting “Twenty-fifth” and “Fifteenth” in appropriate blanks
      referencing when Application for Payment is to be received and when payment by Owner shall be
      made respectively and by adding the term “following” to have a portion of the Subsection read “…the
      Owner shall make payment to the Construction Manager not later than the Fifteenth day of the
      following month” and by deleting second sentence of existing subsection.

32.   Subsection 7.1.4 shall be amended by adding “if requested by Owner or Architect” in first line after
                                                 40
the term “Payment.”

33.   Subsection 7.1.7.1 shall be amended by deleting the reference to Section 7.3.8 of the            General
      Conditions and replacing it with a reference to Article 7 of the General Conditions.

34.   Subsection 7.1.7.3 shall be amended by adding “Ten percent          (10.00%) to the end of the first
      sentence and by deleting      reference to Section 5.1.1 and replacing it with    reference to Section
      2.2.1.

35.   Subsection 7.1.7.5 shall be amended by inserting the words “or other agents or representatives of the
      Owner” following the word “accountants” in the last line of the existing subsection.

36.    Subsection 7.1.8 shall be amended by adding Ten percent (10.00%) to end of first                sentence.

37.   Subsection 7.1.10 shall be deleted and replaced with the         following:

      In taking action on the Construction Manager’s Applications for Payment, the Architect shall conduct
      such examinations, audits, and verifications as are necessary or appropriate to fulfill the Architect’s
      professional and contractual duties and obligations to the Owner. Such examinations, audits, and
      verifications will also be conducted by other representatives or agents of the Owner acting in the sole
      interest of the Owner.

38.   Subsection 7.2.1 shall be amended by inserting, after the word “accountants” in subsection (2), the
      words “or other agents or representatives of the Owner;” and by deleting the last three words from
      the existing subsection and changing the final comma after the word “Payment” to a period.

39.   Subsection 7.2.2.2 shall be amended by deleting the final period in the subsection,
      replacing it with a comma, and adding the following: “including liquidated damages, if
      any, provided by       the Amended General Conditions to this contract.”

40.   Subsection 7.2.3 shall be amended by inserting the words “or other agents or representatives of the
      Owner” following each use of the word “accountants” in the existing subsection.

41.   Subsection 7.2.4 shall be amended to insert the words “or other agents or representatives of the
      Owner” following each use of the word “accountants” in the existing subsection and by deleting the
      words “or arbitration”.

42.   Subsection 8.1 shall be amended to replace “Section 11.1” with           “Article 11” and to     add at the
      end of the existing first sentence the following: “, as amended.”

43.   Article 8.1.1 of the contract shall be deleted and replaced with the following:

      8.1.1 Construction Manager shall provide workers’ compensation and employers’ liability
      insurance meeting statutory limits mandated by state and federal laws.

44.   Article 8.1.1.1 shall be added as follows:

      A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas
                                                      41
Workers’ Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82,
TWCC-83, or TWCC-84), showing statutory Workers’ Compensation insurance coverage for
person’s or entity’s employees providing services on a Project is required for the duration of
the Project.

Duration of the Project includes the time from the beginning of the work on the Project until
the contract’s/person’s work on the Project has been completed and accepted by the Owner.

Persons providing services on the Project (“subcontractor” in Texas Labor Code 406.096)
include 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 that 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 a Project. Services do not include
activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.

The Construction Manager 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 401.011(44) for all employees of the Construction Manager
providing services on the Project for the duration of the Project.

The Construction Manager must provide a certificate of coverage to the Owner prior to being
awarded the contract.

If the coverage period shown on the Construction Manager’s current certificate of coverage
ends during the duration of the Project, the Construction Manager must, prior to the end of the
coverage period, file a new certificate of coverage with the Owner showing that coverage has
been extended.

The Construction Manager shall obtain from each person providing services on a Project, and
provide to the Owner:

        a.      A certificate of coverage, prior to that person beginning work on the
        Project, so the Owner will have on file certificates of coverage showing
        coverage for all persons providing services on the Project; and

        b.      No later than seven (7) 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.

The Construction Manager shall retain all required certificates of coverage for the duration of
the Project and for one (1) year thereafter.
                                             42
The Construction Manager shall notify the Owner in writing by certified mail or personal
delivery, within ten (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.

The Construction Manager 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.

The Construction Manager shall contractually require each person with whom it contracts to
provide services on a Project, to:

        a.     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 401.011(44) for all of its employees providing
services on the Project for the duration of the Project;

         b.    Provide to the Construction Manager, 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;

        c.     Provide the Construction Manager, 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;

       d.      Obtain from each other person with whom it contracts, and provide to
the Construction Manager:

        (1) A certificate of coverage, prior to the other person beginning work on the
        Project; and

        (2) 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.

        e.     Retain all required certificates of coverage on file for the duration of the
Project and for one (1) year thereafter;

        f.      Notify the Owner in writing by certified mail or personal delivery, within ten
(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
        g.      Contractually require each person with whom it contracts to perform as
required by items a-f, with the certificates of coverage to be provided to the person for whom
they are providing services.
                                                43
      By signing this contract or providing or causing to be provided a certificate of coverage, the
      Construction Manager is representing to the Owner that all employees of the Construction Manager
      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.

      The Construction Manager’s failure to comply with any of these provisions is a breach of contract by
      the Construction Manager that entitles the Owner to declare the contract void if the Construction
      Manager does not promptly remedy the failure.

      The coverage requirement recited above does not apply to sole proprietors, partners, and corporate
      officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure
      that is delivered, issued for delivery, or renewed on or after January 1, 1996. 28 T.A.C. 110.110(i).

45.   Subsection 8.1.3 shall be amended to insert the following dollar        amounts of coverage:

      Bodily Injury (per person)                      $500,000.00

      Bodily Injury (per accident)                    $1,000,000.00

      Property Damage                                 $100,000.00

      Construction Manager shall similarly require subcontractors to provide automobile liability for their
      vehicles in these amounts.

46.   Subsection 8.1.4 shall be amended to add the following:

      8.1.4 Other coverage:

      Additional coverages required of Construction Manager shall be in the amounts and types provided
      and described in the following subsections and in Article 11 of the Amended General Conditions of
      the Contract.

      Umbrella Liability Coverage will be provided for the interests of both Owner and Construction
      Manager, by insurance companies acceptable to Owner, for occurrences arising out of the specific
      services performed by Construction Manager for Owner, its agents, servants, employees, and Officers.
       Owner’s position will be secondary to that of the Construction Manager.

      Construction Manager shall obtain, at its expense, all risk builder’s risk insurance against the perils of
      fire, lightning, wind storm, hurricane, hail, explosion, riot, civil commotion, smoke, aircraft, land
      vehicles, vandalism, malicious mischief, and all other perils in the amount of the guaranteed
      maximum price. Additionally, this coverage shall provide protection to the full replacement value for
      boiler and machinery equipment up to installation, during testing, and until accepted by Owner. The
      policy so issued in the name of Construction Manager shall name the Owner as an insured, and will
                                                    44
       meet the requirements of Article 11 of the Amended General Conditions applicable to this Project.
       Such coverage shall be primary coverage.

47.    Subsection 8.2 shall be deleted in its entirety and shall be   replaced with the following:

         8.2     Owner shall be responsible for purchasing and      maintaining the Owner’s          usual
liability insurance. Optionally,       Owner may purchase and maintain other         insurance for self-
         protection against claims which may arise from operations under the contract at its discretion. In
addition, Owner may purchase           and maintain property        and casualty insurance covering completed
         or partially completed portions of the Work.

48.    Subsections 8.2.1 and 8.2.2 shall be deleted.

49.    Subsection 8.3 shall be deleted and replaced with the following        paragraphs:

       8.3     Performance Bond and Payment Bond

        8.3.1 Construction Manager shall furnish bonds in accordance with Chapter 2253 of the Texas
Government Code. The          Performance and Payment Bonds required by this Article may be              in
one or separate instruments in accordance with applicable law.     Surety companies must be licensed to do
business in the State of      Texas. All Payment and Performance Bonds provided by Construction
Manager or any subcontractor shall comply with the          requirements of Article 7.19-1 of the Texas
Insurance Code. The amount of each bond provided by Construction Manager shall be equal to One
Hundred        Percent (100%) of the Guaranteed Maximum Price.

        8.3.2 All bonds will be reviewed by the Architect for       compliance with the Contract
        Documents prior to execution of      the contract. In the event that the Architect has any
        questions concerning the sufficiency of the bonds, the bonds will be referred to the       Owner
or the Owner’s representative for review     and decision.

       8.3.3 All bonds shall be originals. The Construction Manager         shall require the      attorney-in-
fact who executes the required       bonds on behalf of the surety to affix thereto         a certified and
       current copy of the Power-of-Attorney. The name, addresses,          and     telephone number for the
bonding company or surety shall      be provided as required by applicable law.
       8.3.4 Upon the request in writing of any person or entity appearing to be a potential
       beneficiary of bonds covering        payment of obligations arising under the contract, the
       Construction Manager shall promptly furnish a copy of the bonds or shall permit             a copy
to be made.

        8.3.5. Bonds shall be signed by an agent resident in the State of Texas and the date of the bond
shall be the date of execution of        the contract. If at any time during the        continuance of the
        contract, the surety of the Construction Manager’s bonds becomes insufficient, Owner shall
have the right to require       additional and sufficient        sureties which the Construction        Manager
shall furnish to the satisfaction of the        Owner within ten         (10) business days after notice to do
so. In default thereof, the     Construction Manager may be suspended, and all payment or               money
due to the      Construction Manager withheld until sufficient           bonds are provided by the
        Construction Manager.

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50.     Subsection 9.1.1 shall be amended by deleting references to         “Sections 4.3 through 4.6ofA201-
1997” and replacing it with “Article 4 of the Amended General Conditions”; and by deleting the words
“or by arbitration” and by adding the phrase “,by   litigation, or other means of dispute resolution.” at the
end of the      existing subsection.

51.    Subsection 9.2.1 shall be deleted and replaced by the following         paragraph:

        9.2.1 Any other claim, dispute, or other matter in question         arising out of or         related to
this contract or breach thereof shall be      settled in accordance with Article 4          of the Amended
General         Conditions applicable to this Project. Any method of        dispute         resolution may be
used upon the written mutual consent of the parties.          Any dispute not settled by mediation or other
dispute         resolution method agreed      upon by the parties may be decided by         litigation in a court
of competent jurisdiction. The parties agree that no extended home office overhead expenses shall be
recoverable in any claims arising under this contract.

52.    Subsection 9.2.4 shall be amended by adding the following:              Venue of any dispute arising
under this Contract will be in Hays County, Texas.”

53.    Subsection 9.2.6 shall be added as follows:

       9.2.6 Severability. If any court of competent jurisdiction holds one or more            provisions of this
contract to be invalid, unenforceable, or void, that ruling will have no effect on any         other provisions of
the contract, and all other provisions will   remain in full force and effect.

54.     Subsection 10.1.1 shall be amended to delete “Section 14.1.1”          and to replace it with “subsections
14.1.1, 14.1.2, and 14.1.4”, and to add “as amended.” at the end of the        existing subsection.

55.     Subsection 10.1.3 shall be amended by deleting the words “or indemnify” in the         third   line in the
final existing paragraph in this     subsection.

56.    Subsection 10.1.3.2 shall be deleted in its entirety and replaced with the following: “Add the
Construction Manager’s Fee computed upon the Cost of Work to the date of termination at the rate stated in
Amendment No. 1.”

57.    Subsection 10.3 shall be deleted in its entirety and replaced with the following language:         Te
                                                                                                          “h
Work may be suspended by the Owner as provided in Article 14 of A201-1997; in             such case, the
Guaranteed Maximum Price, if established, shall be            increased as provide in     Section 14.3.2 of
A201-1997 except that the term ‘cost of performance of the Contract’ in that Section shall be understood
to mean the Cost     of the Work and the term ‘profit’ shall         be understood to mean the Construction
       Manager’s Fee as described in Amendment No.1.

58.    Subsection 10.4 shall be added as follows:

       10.4 Termination Without Cause. This contract can be terminated without cause under the terms
       and conditions set out in Article 14 of the Amended General Conditions to the Contract.

59.    Subsection 11.1 shall be added as follows:

                                                      46
       11.1   The Guarantee Maximum Price for the Project shall be added to this Contract by the execution
              of Amendment No. 1 to the Agreement between Owner and Construction Manager.

60.    Except where already indicated, wherever reference is made to AIA Document A201-          1997, the
phrase “,as amended” shall follow.


EXECUTED this _____ day of _____________________, 2005.


OWNER:                                             CONSTRUCTION MANAGER:

San Marcos CISD                                    ________________________________


By: ____________________________                   By: _____________________________
       President, Board of Trustees                Title: ____________________________
                                                   Printed Name:______________________

ATTEST:

By: _____________________________
       Secretary, Board of Trustees




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