RFP-0708-01.doc - Texas Bid System

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					                     San Marcos Consolidated Independent School District
       512/393-6503 Fax-512/393-6507 201 S. Suttles P.O. Box 1087 San Marcos, Texas 78667

                                                                                  Cindy Casparis, CPPB
                                                                                  Purchasing Manager
                                                                                  District Textbook Coordinator

November 12, 2007


Dear Vendor,

The San Marcos CISD is accepting proposals from qualified firms for Construction Manager at Risk Services.
Proposals are due November 27, 2007 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
               #0708-01

                   FOR

CONSTRUCTION MANAGEMENT SERVICES

               (CM at Risk)


Renovations to Goodnight Junior High School




                     2
San Marcos Consolidated ISD
Building Program - Goodnight conversion to Elementary
REQUEST FOR PROPOSALS
PROJECT & 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 renovation of a Goodnight Junior High School to covert it into an elementary middle school serving
grades Kindergarten through 5th . The project is described in the table below.



      Facility        Approximate      Approximate          Construction       Construction to    School to
                        Acreage          Square               Budget               Start            Open
                                         Footage
                                          Existing
                                         campus is
                                        111,173 sf,
                                          Project
                                       consist of 800
                                           sf new
   Goodnight Jr.
                            24           additions.         8,101,330.00         June 2008       August 2009
      High
                                         8700 sf of
                                           major
                                        renovations
                                       and 74,075 sf
                                          of minor
                                        renovations

The selected CM will be involved with pre-construction services on project 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 project thereafter as a Construction Manager at Risk. The District may
select the Construction Manager for the project that 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
201 South Suttles                                              P.O. Box 1087
San Marcos, Tx 78666                                           San Marcos, Tx 78667




                                                        3
No later than:_November 27, 2007_____________________________
San Marcos Consolidated ISD
Building Program - Goodnight conversion to Elementary
REQUEST FOR PROPOSALS
PROJECT & 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 project 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 - Goodnight conversion to Elementary
REQUEST FOR PROPOSALS
PROJECT & SELECTION SCHEDULE


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


                            Goodnight Conversion to Elementary 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             November

          Receive Proposals                          November

          Board Approval of Firm(s)                  December




                                                      5
San Marcos Consolidated ISD
Building Program - Goodnight conversion to Elementary
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 project 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 project 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 Central Texas 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 - Goodnight conversion to Elementary
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 project 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 - Goodnight conversion to Elementary
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 project 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 project, 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
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 project. 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 project.
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 project 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 project 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 - Goodnight conversion to Elementary
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 project 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 project 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 Goodnight Jr. High Conversion to Elementary

To:           San Marcos Consolidated ISD
              Cindy Casparis-Purchasing Agent
              P.O. Box 1087
              201 South Suttles
              San Marcos, TX 78667/78666

Project:      Building Program - Goodnight conversion to Elementary
              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
         The parts in Red should be                                    CM Fee %
     filled in, tabulated and returned
       with your proposal. This is a
               SAMPLE ONLY
                                                                        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
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.




                                                                 15
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.




                                                                16
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:
   _________________________________________________________________________________




                                                                 17
                                     ADDENDUM TO A201-1997
                     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 c onditions
 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.

2.1.1.2   The following is made part of this subparagraph:

          The Owner hereby represents, warrants, and certifies to the Construction Manager that the Plans and Specifications are
          complete, adequate and in conformity with all rules, regulations, laws, municipal and state code requirements in order to
          build the Project with the Owner’s intended use and purpose by the Owner. Further, there are no open and obvious
          deficiencies with the Plans and Specifications which would render the Plans and Specifications incapable of achieving the
          completed building within the time allotted for completion in the Contract.

 2.1.2    Delete this subparagraph in its entirety.

 2.2.1    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.




                                                                          18
 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.

 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 the obligations 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 object to any engineer, consultant, job superintendent, subcontractors and/or suppliers involved in the Project
          so long as the basis of the objection is reasonably based upon articulable facts which would constitute a reasonable basis for
          objection.

 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.

4.2.12    Delete the last sentence in this subparagraph.




                                                                           19
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.

4.3.3    The following is made part of the subparagraph:

         Notwithstanding anything herein to the contrary, in the event of non-payment by the Owner to the
         Contractor in accordance with Chapter 2251.001 et. seq., Texas Government Code, reserves all rights and remedies,
         including but not limited to work stoppage.

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.

4.3.10   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, subject to
         dispute resolution.

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 election of either party, 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.

5.2.3    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.




                                                                         20
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.

9.10.4   Delete this subparagraph in its entirety.

10.3.2   Delete this subparagraph in its entirety.

10.3.3   Delete this subparagraph in its entirety.

10.4     Delete the following from this subparagraph:

         “unless such materials or substances were required by the Contract Documents”

10.5     Delete this subparagraph in its entirety.

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                $1,000,000
                             Aggregate                      $2,000,000



                                                                          21
                    b.        Property Damage
                              Each Occurrence                $1,000,000
                              Aggregate                      $2,000,000

          3.        Motor Vehicle Liability

                    a.        Bodily Injury
                              Each Person                    $300,000
                              Each Occurrence                $500,000

                    b.        Property Damage
                              Each Occurrence                $300,000
                              Aggregate                      $500,000

          4.        Contractor shall additionally maintain Umbrella Excess Liability insurance in an amount not less than $ 1,000,000.

          5.        Completed Operations liability in an amount not less than $1,000,000 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. The cost of this insurance is reimbursable under contract paragraph 6.1.2.4.

11.4.1    This subparagraph is amended as follows:

          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.

11.4.1.3 This 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.




                                                                           22
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.

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:




                                                                           23
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 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.




                                                                       24
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 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.




                                                               25
The following Additional Provisions are made a part of the General Conditions:

A.       Prevailing Wage Rates.

         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;

                   (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.


                                                                           26
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.

The 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:                                                  CONSTRUCTION MANAGER:

San Marcos CISD                                         ____________________________________


By:_________________________________                    By:_________________________________
        Assistant Superintendent for
        Business & Support Services
                                                        Printed Name:________________________
Date:_______________________________
                                                        Title:_______________________________

                                                        Date:_______________________________




                                                                     27
                                    ADDENDUM TO A121

               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:




                                                                  28
      2.3.2.1            As required by Section 44.038, Texas Education Code, Construction 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 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”:” No compensation is required for work performed
      under Sections 2.1 and 2.2.

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.




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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 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.”



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28    Subsection 6.3.1 shall be amended to read “All cash discounts shall accrue to the benefit of the Construction
      Manager if paid with Construction Manager’s funds prior to payment by the Owner to the Construction Manager.

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 “25 th,” 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 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 “Five percent (5.00%) 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 Five percent (5.00%) 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 and by adding the following sentence
       to the end of the section: “Any audit performed shall be completed within 90 days from the date of the
      commencement by the Owner or it shall not be used as a basis for denial of any portion of the final payment
       by Owner.

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”.




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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 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.




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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.

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.



                                                           33
      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 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:




                                                                   34
      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.


50.   Subsection 9.1.1 shall be amended by deleting references to “Sections 4.3 through 4.6 of A201-1997” 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 and by adding the following
      sentence : “In the event of any dispute resulting in litigation between the parties, the prevailing party shall be entitled to an
      award of reasonable attorneys’ fees and costs in accordance with Section 271.159, Local Government Code.

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 unless extreme circumstances exist and unless approved by
               Owner.

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.”




                                                                  35
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: “The 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:

      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 _____________________, 2007.


OWNER:                                                       CONSTRUCTION MANAGER:

San Marcos CISD                                              ________________________________


By: ____________________________                             By: _____________________________
Title:___________________________                            Title: ____________________________
Printed Name: ____________________                           Printed Name:______________________




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