ADDENDUM NO. 02 May 16, The Request for Qualifications for Construction Manager(s) at Risk dated April 18, 2018

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1 Page 1 ADDENDUM NO. 02 May 16, 2018 The Request for Qualifications for Construction Manager(s) at Risk dated April 18, 2018 REQUEST FOR QUALIFICATIONS FOR CONSTRUCTION MANAGER(S) AT RISK For Package E: Elementary School Renovations and Gym Additions PEARLAND INDEPENDENT SCHOOL DISTRICT Pearland, Texas Prepared by: Pearland I.S.D. PISD RFQ No.: Notice to Offerors: A. Receipt of this Addendum shall be acknowledged on the Proposal Form. B. This Addendum forms part of the Contract documents for the above referenced project(s) and shall be incorporated integrally therewith. C. Each bidder shall make necessary adjustments and submit his bid with full knowledge of all modifications, clarifications, and supplemental data included therein. Where provisions of the following supplemental data differ from those of the original Contract Documents, this Addendum shall govern. Request for Qualifications for Construction Manager(s) at Risk Item No. 01 The deadline for questions shall be May 24, 2018 at 3:00 PM. Item No. 02 The scheduled pre-proposal conference has been CANCELLED.

2 Page 2 Item No. 03 The Following Offerors, listed in alphabetical order, have been selected for interviews, based on their cumulative scores from the RFQ: Anslow Bryant, Durotech, and Stewart The above Offerors represent the Short List, and no other Offerors will be given further consideration. Pearland ISD thanks all other Offerors for their submissions. Item No. 04 Interviews will be conducted on May 31, 2018, in the Board Conference Room at Pearland s Educational Support Center, 1928 North Main Street in Pearland. All Offerors will have 20 minutes for their presentation, and 15 minutes will be allowed for Question and Answer. The schedule will be as follows: 8:30 to 9:05: Anslow Bryant (may come in to set up at 8:15) 9:20 to 9:55: Durotech 10:10 to 10:45: Stewart Offerors are encouraged to present their approach to the projects, as opposed to general marketing information. Given space and time limitations it would be advisable not to bring more than six (6) presenters to the interview. At a minimum firms should bring the Preconstruction manager (or chief estimator), and the Project Manager(s) and Superintendent(s) who are most impactful to the packages proposed. Since the firm s score will be significantly affected by based on the strength of these team members, firms will be committing to use these team members on the project. Other team members may participate if they are included in the presentation. There will be no predetermined standard questions, and no further agenda beyond the schedule indicated above. There will be four (4) interviewers plus a representative from Purchasing. There will be a projector, screen, and computer available in the interview room. It would be advisable for presenters to bring a thumb drive and laptop with the presentation loaded. Item No. 05 Item No. 06 PROPOSAL DUE DATE AND FORM: Fee and General Conditions Proposals shall be submitted on the Proposal Form attached to this Addendum as Attachment A, no later than 11:00 AM on May 31, All Proposals will be opened and publicly read at that time. Offeror shall submit five (5) copies, and one (1) thumb drive with all information included.

3 Page 3 Item No. 07 SCORING CRITERIA: Offerors will be scored on the following basis: 60 Points Qualitative Evaluation (cumulative score from information in the RFQ) 10 Points Interview Performance 30 Points Price (total cost of preconstruction fee, CM Fee, and General Conditions). 100 Points TOTAL POSSIBLE POINTS Item No. 05 METHOD OF EVALUATING PRICE: The Proposal form requires General Conditions Fee and CM Fee to be expressed as a percentage of the Cost of Work. The successful Offeror, in his GMP, will apply these percentages to the actual GMP Cost of Work. For the evaluation process only, since the Cost of Work is not known, this percentage will be converted to a dollar amount based on the Construction Budget indicated on the Proposal Form. END OF TEXT ADDENDUM NO. 2 ATTACHMENTS: ATTACHMENT A: Proposal Form ATTACHMENT B: Contract (AIA Standard Form of Agreement A133, modified) ATTACHMENT C: Exhibit A to the Contract (Contractor Insurance Requirements) ATTACHMENT D: Exhibit B to the Contract (Supplementary Conditions to A133) ATTACHMENT E: Exhibit C to the Contract (Supplementary Conditions to A201) ATTACHMENT F: Exhibit D to the Contract (Prevailing Wages)

4 Page 4 ATTACHMENT A PROPOSAL FORM FOR CONSTRUCTION MANAGER(S) AT RISK Package E: Elementary School Renovations and Gym Additions PEARLAND INDEPENDENT SCHOOL DISTRICT Submitted by: Date: Phone No.: To: Pearland Independent School District 1928 North Main Street Pearland, TX Having examined The Request for Proposals for Construction Managers at Risk prepared by PBK Architects, Inc., dated January 18, 2017 the undersigned agrees to the following: 1. Hold proposal open for acceptance 60 days, except as noted below. 2. Accept right of Owner to reject any or all proposals, to waive formalities and to accept proposal which Owner considers most advantageous. 3. Enter into and execute the contract, if awarded, Standard Form of Agreement between Owner and Construction Manager (modified) and Exhibits, included in Addendum No. 2 to the RFQ. 4. By signing, the undersigned affirms that, to the best of his knowledge, the Proposals have been arrived at independently and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over respondents in the award of this proposal.

5 Page 5 I. FEE PROPOSAL 1. PRECONSTRUCTION FEE For all preconstruction services as outlined, the lump sum amount of: Amount written in words (governs) Dollars $ (Amount in figures) 2. GENERAL CONDITIONS COST For General Conditions as outlined in the RFP, list your General Conditions cost as a percentage of the Cost of Work. Refer to Attachment D, Section 6.12 for allowable General Conditions costs. GC FEE: % 3. CM FEE For Overhead and Profit, list your proposed fee as a percentage of the Cost of Work. CM FEE: % II. ADDENDA Undersigned acknowledges receipt of Addenda Nos. dated, 2017 It is understood that the right is reserved by the Owner to reject any or all proposals, or waive any formalities in proposal process. Authorized Signature (Seal, if a Corporation) State whether Corporation, Partnership or Individual Title Name of Contracting Firm Address Telephone Date

6 Page 6 ATTACHMENT B See attached pdf File

7 Page 7 ATTACHMENT C EXHIBIT A to AIA A INSURANCE REQUIREMENTS It is suggested that this Exhibit be provided to the Contractor s Insurance Provider Contractor shall not commence work until all required insurance coverage has been obtained and such insurance has been reviewed and accepted by the District. Certificates of Insurances on the current ACORD form shall be issued to the District showing all required insurance coverage. Insurance Required Limit Required Automobile Liability insurance covering Any Auto Comprehensive (Commercial) General Liability insurance including Products, Completed Operations, Independent Contractors, Broad Form Property Damage, Pollution and Blanket Contractual Liability coverage. Any XCU exclusions to be removed when underground work is performed. Workers Compensation insurance with limits to comply with the requirements of the Texas Workers' Compensation Act. $1,000,000 Combined Single Limit $1,000,000 Occurrence $2,000,000 Aggregate $1,000,000 Personal Injury $ 500,000 Fire Damage $ 5,000 Medical Payments Per Project Aggregate (CG 70 49) Evidence of coverage must be shown on certificates of insurance. Statutory Limits $1,000,000 Employers Liability insurance Umbrella or Excess Liability insurance (excess of primary General Liability, Automobile Liability and WC $5,000,000

8 Page 8 Coverage B) Limits for primary policies may differ from those shown when Umbrella or Excess Liability insurance is provided. Property Insurance shall be required for all contracts when property of the Owner is at risk or in the care, custody and control of the Contractor. All Risk Builders Risk insurance shall be required for all construction contracts requiring a payment bond. All Property insurance shall include coverage against the perils of Windstorm, Flood and Earthquake. (Installation Floater may be substituted when contract involves installation only.) Contract Limit or Replacement Cost Value of Scope of Work whichever is greater Permission to Occupy granted Deductible: 1% of Contract or Replacement Cost Value (whichever is greater) subject to a $50,000 maximum unless otherwise approved by the Owner. Insurance Conditions All insurance coverage shall be issued on an Occurrence basis by companies acceptable to District and licensed to do business in the State of Texas by the Texas Department of Insurance. Such companies shall have a Best's Key rating of at least "A- X". All certificates must include: 1. The location or description of the Project; 2. A 60 day notice of cancellation of any non-renewal, cancellation or material change to any of the policies; 3. "Additional Insured" on the Property, General Liability, Automobile Liability and Umbrella (Excess) Liability policies naming the District; 4. A "Waiver of Subrogation" clause in favor of the District will be attached to the Workers Compensation, General Liability, Automobile Liability, Umbrella Liability and the Property insurance policies.

9 Page 9 In addition to certificates of insurance, copies of policy endorsements must be provided (a) listing the District as Additional Insured, and (b) showing waivers of subrogation in favor of the District. If any policy has aggregate limits, a statement of claims against the aggregate limits is required. All insurance must be maintained for three (3) years following substantial completion with Certificates of Insurance provided. Contractor shall be responsible for payment of all deductibles for which the Contractor is responsible under the Contract Documents; the District shall approve the deductibles selected. The District reserves the right to review the insurance requirements during the effective period of any contract to make reasonable adjustments to insurance coverage and limits when deemed reasonably prudent by District based upon changes in statutory laws, court decisions or potential increase in exposure to loss.

10 Page 10 ATTACHMENT D EXHIBIT B to the Contract SUPPLEMENTARY CONDITIONS TO AIA DOCUMENT A STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AS CONSTRUCTOR WHERE THE BASIS OF PAYMENT IS THE COST OF WORK PLUS A FEE WITH A GUARANTEED MAXIMUM PRICE OWNER: PEARLAND INDEPENDENT SCHOOL DISTRICT CONSTRUCTION MANAGER: PROJECT: ARTICLE 1 GENERAL PROVISIONS 1.2 RELATIONSHIP OF THE PARTIES Delete the first sentence of Section 1.2 in its entirety and substitute the following: The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager s best skills and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to use the Construction Manager s best efforts to perform the Work in an expeditious and economical manner consistent with the Owner s interests. 1.3 GENERAL CONDITIONS Add the following Section: To the extent any provision in these Supplementary Conditions to AIA Document A General Conditions conflicts with any Supplementary Conditions issued by the Architect in the Specifications or the Project Manual; these Supplementary Conditions to AIA Document A General Conditions shall control.

11 Page 11 ARTICLE 2 CONSTRUCTION MANAGER S RESPONSIBILITIES Add the following sentence at the end of the introductory paragraph for Article 2: Unless advised otherwise by the Construction Manager, both the Superintendent and the Project Manager shall be authorized to represent the Construction Manager with respect to the Project PRELIMINARY PROJECT SCHEDULE Add the following sentence at the end of Section 2.1.1: In cooperation with the Architect initial conceptual design, the Construction Manager shall prepare a detailed written report to the Owner setting out an initial cost estimate based on the Owner s Education Specifications, using industry research, estimated quantities and labor costs, and shall participate in a meeting with the Owner s team and the Architect to review and discuss the conceptual design and initial cost estimate PRELIMINARY PROJECT SCHEDULE Delete the fourth sentence of Section and substitute the following: The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; milestone dates for receipt and approval of pertinent information; preparation and processing of shop drawings and samples; ordering and delivery of products, material and equipment, including those that must be ordered well in advance of construction; the occupancy requirements of the Owner, including any portions of the Project having occupancy priority; and the proposed date of Substantial Completion PRELIMINARY COST ESTIMATES Delete Section and substitute the following: As the Architect progresses with Schematic Design Documents, Design Development Documents, and Construction Documents, the Construction Manager shall prepare and update, prior to presentation of each phase of design to the Owner s Board of Trustees, a more detailed estimate of the cost of the work, of increasing detail and refinement. Such estimates shall be submitted for the Architect s review and the Owner s approval. The Owner will not proceed with the next stage of design until the detailed cost estimate is within the Owner s

12 Page 12 predetermined budget for the Project. If any estimates submitted to the Owner exceed previously approved estimates, the Construction Manager shall make recommendations to the Owner and Architect to reduce the costs of the Project. Add the following Section : The Construction Manager shall, before Construction Documents are finalized and approved by the Owner, and before subcontractor bids or proposals are solicited for portions of the work, carefully study and compare the various contract documents relative to each portion of the work, as well as the information furnished to Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to each portion of the work, and shall observe any conditions at the site affecting it SUBCONTRACTORS AND SUPPLIERS Delete the text of Section in its entirety and substitute the following:.1 For all elements of the Work, the Construction Manager must obtain the Owner s written approval of the packaging of the scope of work for trade contractors or subcontractors, prior to publicly advertising for bids or proposals from trade contractors or subcontractors..2 The Construction Manager shall publicly advertise, in accordance with Chapter 2269 of the Texas Government Code, and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the Work other than the minor work that may be included in the general conditions. The Construction Manager may seek to perform portions of the Work itself if the Construction Manager, however, the Construction Manager must submit its sealed bid or proposal, for those portions of the Work, in the same manner as, but prior to, all other trade contractors or subcontractors. The Owner may, at its discretion, permit the Construction Manager to perform portions of the work, but only if the Owner determines that the Construction Manager s bid or proposal provides the best value for the Owner, and that adequate competition for such portions of the work were achieved through the advertising process. The Owner reserves the right to have an outside estimator review and evaluate all proposals for portions of the work for which the Construction Manager competes, prior to making a decision on such proposals, and further reserves the right to accept any proposal that Owner determines is in the best interest of the Owner..3 The Construction Manager and the Owner s representative shall review all trade contractor or subcontractor bids or proposals in a manner that does not disclose the contents of the bid or proposal during the selection process to a

13 Page 13 person not employed by the Construction Manager, engineer, the Architect or the Owner. For portions of the work that the Construction Manager seeks to self-perform, only the Architect and Owner shall open and review such proposals. All bids or proposals shall be made public after the award of the contract or within seven days after the date of final selection of bids or proposals, whichever is later..4 If the Construction Manager reviews, evaluates, and recommends to the Owner a bid or proposal from a trade contractor or subcontractor but the Owner requires another bid or proposal to be accepted, the accepted bid or proposal shall be the one used to generate that Guaranteed Maximum Price. Delete the first sentence of Section and substitute the following: The Construction Manager shall prepare, for the Architect s review and the Owner s acceptance, a procurement schedule for items that must be ordered well in advance of construction as required to meet the Project schedule EXTENT OF RESPONSIBILITY Delete the last sentence of Section and substitute the following: The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect or Owner may require. 2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME Delete the text of Section in its entirety and substitute the following: The parties hereto agree that, when the Drawings and Specifications for the construction of the entire Work of the Project, including all agreed-upon pre-construction packages (if any), are sufficiently complete, and all subcontractor bids or proposals have been received and evaluated, the Construction Manager shall propose a maximum sum of the Cost of the Work, including the Construction Manager s General Conditions Costs as provided herein, the contingencies described in Section 2.2.4, and the Construction Manager s Fee that, upon acceptance by the Owner, the Construction Manager will guarantee not to exceed, subject only to those additions and deductions by changes in the Work as provided in the Contract Documents. Given the Construction Manager s role of participation in all phases of design, estimating, scheduling and development of final

14 Page 14 Construction Documents, no Change Orders shall be allowed for unforeseen or changed conditions, except for subsurface conditions not discovered or reported by the Owner s geotechnical engineer, changes in conditions required by any permitting or regulatory agencies, scope changes requested by Owner, or concealed conditions not foreseeable or discoverable by the Construction Manager using reasonable means prior to the Construction Phase. Delete the text of Sections through in their entirety and substitute the following:.3 The proposed Guaranteed Maximum Price, including only the items set forth in Section below..4 The Date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based, together with such Interim Completion Dates made a part thereof, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based..5 The date by which the Owner must accept the Guaranteed Maximum Price..6 Notwithstanding any other provision, the Guaranteed Maximum Price shall be the sum of the following: a. A not to exceed amount for the cost of the work; b. A not to exceed amount of the Construction Manager s General Conditions Costs; c. the Owner s Contingency (to be expended only upon Owner written approval); d. A not to exceed amount for the Construction Manager s Fee, which may not be calculated or included on any work performed by the Construction Manager s own forces; and e. Allowances, if any, as approved by the Owner. Delete the text of Section in its entirety. Add the following sentence to the end of Section 2.2.9: Since the Owner is a tax exempt entity, no sales tax or other tax from which the Owner is exempt shall be included in the proposal or any portion of the Cost of the Work, except where required by law.

15 Page 15 Add the following Sections: The Construction Manager and the Owner agree and acknowledge that the cost of certain portions of the Work may be incapable of exact determination at the time that the Guaranteed Maximum Price is established and accepted by the Owner. In such event, the Construction Manager and the Owner will establish reasonable estimates of these costs based upon availability of information for such portions of the Work. Such estimates are herein called Allowances and, if established by the parties as provided herein, will be shown in the Schedule of Values and clearly identified therein as Allowances and subject to Section of A Allowances, if any, are to be enumerated on a List of Allowances set out at the time the Guaranteed Maximum Price is established. Expenditures from Allowances require the Owner s prior written authorization. The balance of any Allowances remaining at the end of the Project shall be credited back to the Owner, along with any Construction Manager s Fee that had been included in the Guaranteed Maximum Price on such allowance amounts The Construction Manager and the Owner agree and acknowledge that there will be certain minor unforeseen conditions or minor scope changes for which the Construction Manager may be entitled to additional compensation. To cover such events, the Owner may establish an Owner s Contingency which shall be shown in the Schedule of Values and clearly identified therein as Owner s Contingency and subject to Section of A Owner s Contingency shall be included in the Guaranteed Maximum Price. Expenditures from Owner s Contingency require the Owner s prior written authorization. The balance of any Owner s Contingency remaining at the end of the Project shall be credited back to the Owner, along with any Construction Manager s Fee that had been included in the Guaranteed Maximum Price on such contingency amounts. 2.3 CONSTRUCTION PHASE ADMINISTRATION Delete the text of Section in its entirety and substitute the following: Those portions of the Work that will not be performed with the Construction Manager s personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager.

16 Page 16 Replace the last sentence of Section with the following: The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect at regular intervals, but in any event not less often than monthly. ARTICLE 3 OWNER S RESPONSIBILITIES 3.2 OWNER S DESIGNATED REPRESENTATIVE Delete the text of Section 3.2 in its entirety and substitute the following: The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. All parties acknowledge that only the Board of Trustees for the Owner, acting as a body corporate, has the authority to bind the Owner with respect to all matters requiring the Board s approval under School District Board Policy, including without limitation, Changes in the Work. Except as otherwise provided in Section of A , the Architect does not have authority to bind the Owner with respect to matters requiring the Owner s approval or authorization. The term Owner means the Owner or the Owner s authorized representative, whom the Owner shall designate in writing, and who shall have limited authority to make decisions on behalf of the Owner concerning estimates and schedules, and shall render such decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. 3.3 ARCHITECT Delete the text of Section 3.3 in its entirety and substitute the following: The Owner shall retain an Architect to provide services, duties and responsibilities according to an agreement between Owner and Architect executed by such parties, including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement. Such services shall be provided in accordance with time schedules agreed to by the Owner, Architect and the Construction Manager. Upon request, the Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to such agreement.

17 Page CHANGES IN THE WORK Delete the third sentence of Section in its entirety and substitute the following: Subject to the Owner s consent for minor changes which may affect the Contract Time, the Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A , General Conditions of the Contract for Construction, as amended by the Owner. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6.2 LABOR COSTS Delete the text of Sections and in their entirety and substitute the following: Wages of construction workers, excluding bonuses, directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner s prior written agreement, at off-site workshops Wages or salaries, excluding bonuses, of the Construction Manager s supervisory and administrative personnel when stationed at the site with the Owner s prior written agreement, and only to the extent that such personnel perform supervisory or administrative work directly related to the Project, or other personnel as agreed to in writing by the parties in the Contract Documents. Insert the following sentence at the end of Section 6.2.3: The only personnel reimbursable hereunder are the personnel set out in writing in the Contract Documents and the Construction Manager s Proposal. Delete the text of Section in its entirety and substitute the following: Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations not to exceed the Construction Managers current standard written personnel policy, and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections through Delete the text of this section in its entirety

18 Page COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS Delete the text of Sections and in their entirety and substitute the following: Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers, that are rented from unrelated third parties or furnished from the Construction Manager s own stock and provided by the Construction Manager at the site, plus costs of transportation, installation, minor repairs, dismantling and removal thereof. Rates and quantities of equipment rented or furnished by Construction Manager shall be subject to the Owner s prior written approval. The Cost of the Work described in this subsection shall include only straight rental costs and will not include any costs associated with the purchase of, or an option to purchase, the machinery or equipment. With respect to items furnished from Construction Manager s own stock, the cost to be included shall not exceed 100% of current rental rates as set forth in the Compilation of Nationally Accepted Rental Rates of the Associated Equipment Dealers. If the cost is to be determined by such rental rates, it shall be determined by multiplying the applicable rate, for the period the equipment is used, times the applicable period such equipment is used in prosecuting the Work. Above-normal maintenance, capital improvements and overhauls are not chargeable to Owner. The total rental cost of any Construction Manager-owned item may not exceed the purchase price of any comparable item Delete this section in its entirety Insert the following sentence at the end of Section 6.5.6: Such costs, to be reimbursable, must comply with Section of AIA Document A General Conditions. Add the following Sections and 6.5.8: Costs of all temporary utilities to the project, including electricity, gas and water paid for by the Construction Manager as stated in Construction Manager s Proposal. 6.6 MISCELLANEOUS COSTS Add the following sentence at the end of Section 6.6.1: If the Construction Manager requires Subcontractors to furnish or maintain payment and/or performance bonds or subcontractor default insurance, the cost of

19 Page 19 such bonds or insurance to the Construction Manager or any Subcontractors shall not be included in the Cost of the Work or the General Conditions, but shall be at the Construction Manager s own expense, unless otherwise approved in writing in advance by Owner. Delete the text of Section in its entirety and substitute the following: Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable, except those taxes which the Owner is not required to pay under applicable law. Delete the text of Sections and in their entirety. 6.7 OTHER COSTS AND EMERGENCIES Delete the text of Section in its entirety and substitute the following: Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility of the Construction Manager, a Subcontractor or a supplier, and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance, sureties, Subcontractors, suppliers or others. 6.8 COSTS NOT TO BE REIMBURSED Insert the following Sections , , and :.9 Except as provided in Section 6.7.3, costs to repair defective Work and other costs to comply with Contractor s warranty obligations under the Contract..10 Subject to and as limited by Section of the AIA Document A , costs and expenses arising from Construction Manager s indemnity obligations, including without limitation, Construction Manager s costs and expenses in removing or defending against a mechanic s lien or surety bond claim asserted against the Owner and/or its property or the Construction Manager..11 Costs incurred in the submission process relating to the Request for Proposals issued by the Owner. Add the following sentence to the end of Section 6.11: The Owner shall have a continued right to audit such records for the entire retention period.

20 Page 20 Add the following section after Section 6.11: 6.12 ALLOWABLE GENERAL CONDITIONS COSTS The Following are allowable General Conditions Costs: 1. Project Management (see note 1 below) 2. Insurance: a. General Liability, Workman s Comp b. Builders Risk c. Other project Insurance required by CM or by Contract d. Payment & Performance Bonds 3. Construction site access 4. Temporary utilities (power and water will be furnished by the Owner) 5. Traffic control 6. Temporary lighting 7. Temporary partitions and floor coverings 8. Obtaining permits and coordination. (General Building Permit will be paid by the Owner) 9. Mobilization 10. Project signs 11. Job site layout and field engineering 12. Layout equipment and material 13. Field office (one) of sufficient size for project meetings on each site, and utilities to the field office. 14. Field office furnishings, equipment, maintenance and repairs 15. Office supplies and equipment 16. Copier rental, fax and small office equipment and supplies 17. Storage 18. Gang boxes 19. Radio equipment leasing 20. Cell phone monthly vendor charges for on-site personnel 21. General Clean-up (daily) 22. Clean-up finish areas, site, paving, and walks 23. Dumpsters and debris haul-off. Verify cost based on local availability. 24. Temporary protection (fire and weather) 25. Security measures and/or cost associated with complying with Senate Bill 9, and any on-site security. 26. Monthly ice, water, and cups 27. Monthly toilet rentals 28. Monthly telephone, cell phones, and Broadband Internet connection (with wireless hub) 29. Small equipment

21 Page Small tools 31. Fuel and oil for on-site construction equipment 32. First aid 33. OSHA requirements and costs associated with implementation 34. Project photos, including pre-construction photo documentation 35. Partnering costs 36. Safety 37. Drug testing 38. PPE for staff and visitors 39. Record drawings PDF format 40. Close-out documents including O&M manuals 41. Printing of final construction plans over 5 sets 42. Printing of shop drawings 43. Warranty work and coordination 44. Street barricades, traffic control, and safety measures 45. Postage and deliveries (FedEx, Courier, etc.) 46. Advertising for subcontractors and vendors to establish the GMP 47. Miscellaneous computer peripherals but not computers or tablets 48. IT support on an as-needed basis 49. Local mileage, station-to-station, for on-site personnel traveling between sites or between office and sites. 50. Rental of any of the above items, not to exceed fair market value of the equipment if purchased. NOTES: 1. Line item 1 (Project Management): This line item includes the Project Manager plus all field personnel. CM shall provide sufficient personnel to adequately supervise the Work, including accommodating ongoing school operations. A superintendent must be on site for all heavy operations such as concrete, steel, etc. The following will not be chargeable to General Conditions, Cost of Work, or Preconstruction fee. They may be included in CM fee: 1. Purchase or lease of vehicles, other than equipment used only on site. 2. Fuel, maintenance, and insurance for vehicles, other than for equipment used only on site. 3. Bonuses for personnel 4. Purchase, lease, or monthly charges for computers or tablets. 5. Monthly fees for IT support 6. Purchase of cell phones 7. Association dues 8. Local mileage by personnel not stationed on site

22 Page 22 ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES Delete the text of Section in its entirety. ARTICLE 8 INSURANCE AND BONDS Add the following to the end of Article 8: The Construction Manager shall deliver the required bonds to the Owner not later than the 10 th day after the date the Construction Manager executes the Contract unless the Construction Manager provides some other form of security acceptable to the Owner. ARTICLE 9 DISPUTE RESOLUTION The only method to be marked in Section 9.2 shall be Litigation in a court of competent jurisdiction. ARTICLE 10 TERMINATION OR SUSPENSION 10.1 TERMINATION PRIOR TO ESTABLISHMENT OF THE GUARANTEED MAXIMUM PRICE Delete the last sentence of Section in its entirety. In the event of termination for convenience prior to establishment of the Guaranteed Maximum Price, the Construction Manager shall only be entitled to payment for pre-construction services, not to exceed the amount set forth in Section TERMINATION SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE Delete the text of Section in its entirety and substitute the following: If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section of AIA Document A shall not exceed the amount the Construction Manager would otherwise have received under Section and above. The Construction Manager shall not be entitled to any Fee, profit, overhead or other compensation for work not yet performed, or other damages excluded under the Contract.

23 Page 23 ARTICLE 12 SCOPE OF THE AGREEMENT These Supplementary Conditions are entered into as of the date indicated on the AIA/AGC Standard Form of Agreement. OWNER: CONTRACTOR: By: (Printed Name and Title) Date: By: (Printed Name and Title) Date:

24 Page 24 ATTACHMENT E EXHIBIT C TO THE CONTRACT SUPPLEMENTARY CONDITIONS TO THE AIA DOCUMENT A GENERAL CONDITIONS FOR CONSTRUCTION MANAGER-AT-RISK PROJECTS ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS Delete the text of Sections 1.1.1and in their entirety and substitute the following: THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Performance Bond, Labor and Material Payment Bond, the Contractor s Proposal, the GMP Amendment, Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect THE WORK The term Work means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor s obligations. The Work may constitute the whole or a part of the Project. The Work also includes all supplies, skill, supervision, transportation services and other facilities and things necessary, proper or incidental to the carrying out and completion of the terms of the Contract and all other items of cost or value needed to produce, construct and fully complete the Work identified by the Contract Documents. Nothing in these Conditions shall be interpreted as imposing on either the Owner or the Architect, or their respective agents, employees, officers, directors or consultants, any duty, obligation or authority with respect to any items that are not intended to be incorporated into the completed Project, or that do not comprise the Work, including, without limitation, shoring, scaffolding, hoists, weatherproofing, or any temporary facility or activity, since these are the sole responsibility of the Contractor. Insert new Sections through as follows: THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the Proposal

25 Page 25 requirements, sample forms, Conditions of the Contract and Specifications ADDENDUM, ADDENDA An Addendum is a written or graphic instrument issued by the Architect prior to receipt of Proposals which modifies or interprets the Proposal Documents by additions, deletions, clarifications, or corrections. Addenda will become part of the Contract Documents when the Agreement is executed. The Contractor and his Subcontractors shall post all Addendum items on their sets of the Drawings and Specifications ALTERNATE(S), ALTERNATIVE(S) An Alternate (or Alternative) is the amount stated in a Proposal to be added or deducted from the amount of the Base Proposal if the corresponding change in the Work, as described by the Proposal Documents, is accepted. Except as designated otherwise in the Proposal Documents, the Alternative shall remain valid for at least the same period of time a Proposal remains valid unless a longer period has been designated and, regardless if the Agreement or GMP Amendment has been executed APPROVED, APPROVED EQUIVALENT, APPROVED EQUAL, OR EQUAL The terms Approved, Approved Equivalent, Approved Equal and/or Equal, relate to the substitution of products or systems approved in writing by the Architect. Refer to Instructions to Proposers and Section Product Options and Substitutions for procedures which must be followed after award of the Contract BASE PROPOSAL The Base Proposal is the sum stated in the Proposal for which a Proposer offers to perform the Work described in the Proposal Documents as the Base Proposal, to which Work may be added, or from which Work may be deducted by the sums stated in the Alternates CONTRACT TIME The Contract Time is the period of time, including Anticipated Weather Days, which is established in the Contract Documents for Substantial Completion of the Work. This period of time is subject to authorized adjustment for Net Weather Days and other Calendar Day extensions of time as enumerated in the Contract Documents. The Contractor s responsibility to provide services under this Agreement commences with the award of the initial Contract for Construction and terminates at Final Completion, plus one (1) year for general warranty items, plus any extended warranties DATE OF AGREEMENT The date of the Agreement shall mean the date the Owner formally awards and executes a Contract for Construction. This date will be inserted on the first page of the Agreement Between Owner and Contractor and shall be referenced in Performance Bond and Payment Bond forms. See also Date of Commencement of the Work DATE OF COMMENCEMENT OF THE WORK The Date of Commencement of the Work shall mean the date that a written Notice to Proceed is delivered to the Contractor, which date constitutes day zero ( 0 ) of the stated Contract Time.

26 Page DATE OF SUBSTANTIAL COMPLETION See AIA Document A201, as modified by Owner, Section For Construction Manager-at- Risk Agreements, this date shall be finalized in the GMP Amendment DAYS The following days are referenced in the documents:.1 Calendar Days: The days of the Gregorian Calendar. The Contract Time is established in Calendar Days and extensions of time granted for Regular Work Days lost, if any will be converted to Calendar Days..2 Holidays: The days officially recognized by the construction industry in this area as a holiday; normally limited to the observance days of New Year s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and the day after, and Christmas Day..3 Regular Work Days: All Calendar Days except Holidays, Saturdays and Sundays. Requests for extensions of time shall be requested on the basis of Regular Work Days, and those days, if approved, will be converted to Calendar Days by multiplying by a factor of one and four-tenths (1.4)..4 Anticipated Weather Days: An allowance of Regular Work Days, established as probable days lost due to weather delays; said allowance to be included in the Contractor s proposed Completion Time on his Proposal Form. Refer to Section 8.3 for Schedule of Days..5 Weather Days: Regular Work Days when rain, flooding, snow, unusually high winds, excessively wet grounds, or similar circumstances prevent progress on major portions of the Work. The Contractor will be entitled to an extension of the Contract Time for the net additional time, if any, which results from deducting the amount of Anticipated Weather Days from the total amount of Weather Days..6 Net Weather Days: The difference in Working Days between Anticipated Weather Days and Weather Days FINAL COMPLETION Final Completion is achieved after the Work has been completed by the Contractor, the final inspection has been performed by the Architect and the Owner, the Contract Closeout process has been completed, and the final Certificate for Payment has been issued by the Architect to the Owner. See Sections and 9.10 and applicable sections of the Specifications regarding Contract Close Out NOTICE TO PROCEED A Notice to Proceed is a notice that may be given by the Owner to the Contractor that directs the Contractor to start the Construction Phase Work. It may also establish the Date of Commencement of the Construction Phase Work PROPOSAL A Proposal is a complete and properly signed proposal to do the Work for the sums stipulated therein, submitted on the prescribed forms in accordance with the Proposal Documents. The

27 Page 27 Construction Manager s initial Proposal will not contain the total Cost of the Work; while the GMP Proposal and subcontractor Proposals will contain information regarding the Cost of the Work PROPOSAL DOCUMENTS Proposal Documents consist of all documents and bound into or referenced in the Project Manual, the Drawings, and Addenda related thereto. The Project Manual contains the Proposal Requirements, Contract and other forms, Conditions of the Contract, the Specifications, and a list of Drawings and Schedules, some of which are bound into the Project Manual (other Drawings and Specifications are bound separately) PROPOSER A Proposer is a person or entity who submits a Proposal PROVIDE Whenever the word provide is used in these documents, it shall mean the same as furnish and install PUNCH LIST A punch list is a comprehensive list prepared by the Contractor prior to Substantial Completion to establish all items to be completed or corrected; this list may be supplemented by the Architect or the Owner. See Section SUB-PROPOSER A Sub-proposer is a person or entity who submits a Proposal to a Proposer for materials, equipment or labor for a portion of the Work UNIT PRICE(S) A Unit Price is a cost for a unit of work, as described in the Proposal Documents. The Owner may add or deduct Unit Price work at the amounts stated on the Proposal Form and such amounts shall not be subject to additional mark-up by the Contractor or his Subcontractors CONSTRUCTION MANAGER As used herein, the term Contractor shall refer to the Construction Manager. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS Insert the following Section : In the event of conflicts or discrepancies among the Contract Documents, interpretations will be based on the following priorities:.1 The AIA Document A , or equivalent form, along with Supplementary Conditions thereto, the AIA Document A201, along with this document, Supplementary Conditions to the AIA Document A General Conditions; then.2 The Guaranteed Maximum Price Amendment;

28 Page 28.3 Addenda, with those of later date having precedence over those of earlier date; then.4 Drawings and Specifications. To the extent any provision in these Supplementary Conditions to the AIA Document A General Conditions conflicts with any provision in the Supplementary Conditions issued by the Architect in the Project Manual/Specifications; these Supplementary Conditions to the AIA Document A General Conditions shall control. Insert the following Section 1.2.4: In the case of inconsistency within or between the Drawings and Specifications discovered prior to Proposal Submission Time but too late to be clarified by an Addendum, the better quality or greater quantity of Work shall be included in the Proposal. Clarification of any inconsistency will be accomplished with the Contractor after award of Contract and, if necessary, an appropriate reduction in the Contract will be accomplished by Change Order. ARTICLE 2 OWNER 2.1 GENERAL Delete the text of Section in its entirety and substitute the following: The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. All parties understand that only the Board of Trustees for the Owner acting as a body corporate has the expressed authority to bind the Owner with respect to all matters requiring the Board s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term Owner means the Owner or the Owner s authorized representative. Delete Section in its entirety. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER Delete the text of Section in its entirety and substitute the following: The Owner shall, at the written request of the Contractor, prior to Commencement of the Work, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner s obligations under the Contract. Delete the text of Sections and in its entirety and substitute the following: In no event is the Owner liable or responsible in any way to the Contractor for damages resulting from Contractor s reliance on geotechnical or other subsurface information provided by the Owner. The Owner does not assume liability for any express or implied warranties

29 Page 29 made by the Owner s geotechnical consultant. Nothing in this provision purports to limit the geotechnical consultant s liability, or the Contractor s ability to seek indemnity or contribution or otherwise recover any damages or losses directly from the geotechnical consultant, as allowed by law or in equity The Contractor will be furnished, free of charge, one (1) copy of Drawings, Project Manuals and Addenda (which during the Proposal period, may have been used by other proposers, plan rooms, etc.). The Contractor shall pay the actual reproduction costs of any additional sets. If the Contractor requests in writing that the Architect and his Consultants update the original Drawings and Specifications to incorporate Addendum items, or Modifications, the Architect and his Consultants will do so at their expense. However, the Contractor shall pay the cost of reproduction of all sets of Drawings and Specifications necessary for the Contractor to execute the Work, plus two additional complete sets of each for the Owner and Architect, plus one additional complete set for each Consultant listed on the Project Manual Title Page, plus two additional complete sets for each jurisdictional authority which issues a Building Permit for the Work. The cost of such reproduction shall be included in the Contractor s General Conditions. 2.4 OWNER S RIGHT TO CARRY OUT THE WORK Delete the text of Section 2.4 in its entirety and substitute the following: 2.4 If Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails, after receipt of written notice from the Owner, to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the actual cost of correcting such deficiencies, including the Owner s expenses and compensation for the Architect s additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to the prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner within thirty (30) days of receipt of written notice from Owner therefor. Insert the following Section 2.5 and associated subsections: 2.5 OWNER S RIGHT TO OCCUPY THE PROJECT The Owner shall have the right to occupy or use without prejudice to the right of either party, any completed or largely completed portions of the Project, notwithstanding the time for completing the entire Work or such portions may not have expired. Such occupancy and use shall not constitute acceptance of any Work not in accordance with the Contract Documents. The Contractor is not responsible for any damage to the Work or for any delays in the Work that are caused directly by the Owner s early occupancy of portions of the Project If such prior use delays the completion of the Project, the Contractor shall be

30 Page 30 entitled to extension of time, which claim shall be in writing with supporting data attached Refer to Article 11 Insurance and Bonds regarding property insurance requirements in the event of such occupancy. ARTICLE 3 CONTRACTOR 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR Delete the first sentence of Section and replace with the following: The Contractor shall, before the GMP Proposal is submitted, and before subcontractor bid or proposals are solicited for portions of the work, carefully study and compare the various contract documents relative to each portion of the work, as well as the information furnished to Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to each portion of the work, and shall observe any conditions at the site affecting it. Delete the text of Section in its entirety and replace with the following: The Contractor shall not be entitled to additional compensation for the rework portion of any additional work caused by his failure to carefully study and compare the Contract Documents prior to execution of the Work. Insert the following Sections 3.2.5, and 3.2.7: The Contractor shall make a reasonable attempt to interpret the Contract Documents before asking the Architect for assistance in interpretation or initiating a Request for Information (RFI). The Contractor shall not ask the Architect for observation of Work prior to the Contractor s field superintendent s personal inspection of the Work and his determination that the Work complies with the Contract Documents. The Contractor shall arrange meetings for the Architect, prior to commencement of the Work, with all major Subcontractors to allow the Subcontractors to demonstrate their respective understanding of the documents to the Architect and to allow the respective Subcontractors to ask for any interpretation they may require If, in the opinion of the Architect, the Contractor does not make a reasonable effort to comply with the above requirements of the Contract Documents, and this causes the Architect or his Consultants to expend an unreasonable amount of time in the discharge of the duties imposed upon him by the Contract Documents, then the Contractor shall bear the cost of compensation for the Architect s additional services made necessary by such failure. The Architect will give the Contractor prior notice of intent to bill for additional services related to Sections 3.2.5, and 3.12 before additional services are performed.

31 Page If the Contractor has knowledge that any of the products or systems specified will perform in a manner that will limit the Contractor s ability to satisfactorily perform the Work or to honor his Warranty, he shall promptly notify the Architect in writing, providing substantiation for his position. Any necessary changes, including substitution of materials, if approved by the Owner, shall be accomplished by appropriate Modification. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES Delete the text of Section in its entirety and substitute the following: The Contractor shall supervise and direct the Work, using the Contractor s best skills and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the job site safety thereof and, except as stated below, shall be fully and solely responsible for the job site safety of such means, methods, techniques, sequences or procedures. If the Contractor determines such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed by the Owner to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage arising solely from those Owner-required means, methods or techniques, but only to the extent the Owner would be responsible for any such losses or damages under state and/or federal law. Insert the following Section 3.3.4: The Contractor shall take special care to coordinate the routing of mechanical and electrical items prior to commencing these operations. 3.4 LABOR AND MATERIALS Insert the following text at the end of Section 3.4.1: See Section The Work. Insert the following Sections and :.1 The products and systems covered by the specifications have been selected as a standard because of quality, particular suitability, or record of satisfactory performance. It is not intended to preclude the use of equivalent or better products or systems, provided that same (a) meet the requirements of a particular project and (b) have been approved in an Addendum as a substitution prior to the submission of Proposals. If prior written approval has not been obtained, it will be assumed

32 Page 32 that the Proposal and Alternates, if any, are based upon the products and systems described in the Proposal Documents and no substitutions will be permitted, except under extraordinary circumstances, as provided hereinafter..2 If, after award of the Contract, the Contractor or any of his Subcontractors or Suppliers encounter extraordinary circumstances that indicate products or systems specified will perform in a manner that will limit the Contractor s ability to satisfactorily perform the Work, or to honor the Warranty, the Contractor shall promptly notify the Architect, in writing, providing detailed substantiation for his position. Any changes deemed necessary by the Owner and Architect, including substitution of products or systems and changes in Contract Sum or Completion Time, if any, shall be accomplished by appropriate Modification. Insert the following Section 3.4.4: The Contractor shall disclose the existence and extent of any financial interests, whether director indirect, such Contractor may have in any Subcontractor or material supplier which the Contractor may propose for this Project. 3.5 WARRANTY Insert the following Section 3.5.1: In the event of failure in the Work, including a specified product, either during construction, the one-year warranty period, and any extended warranty periods, the Contractor shall take prompt and appropriate measures to assure correction or replacement of the defective Work, including manufactured products. Upon correction of warranty items, the Contractor shall provide the Owner and Architect with written notification of said correction. The Contractor shall accompany the Owner and Architect for a complete reinspection of the Project approximately eleven (11) months after the Date of Substantial Completion and promptly complete any observed deficiencies, including written notification to the Owner and Architect when said deficiencies have been corrected. The one-year general warranty period and any extended warranty periods, shall be extended to portions of the Work first performed after Substantial Completion and the actual performance of the Work. This obligation shall survive acceptance of the Work under the Construction Contract. 3.6 TAXES Delete the text of Section 3.6 in its entirety and substitute the following Sections 3.6.1, and 3.6.3: The Owner qualifies for exemption from State and Local Sales and Use Taxes, pursuant to the provisions of Article 20.04(F) of the Texas Limited Sales, Excise and Use Tax Act Taxes normally levied on purchase, rent or lease of materials, supplies, and equipment used or consumed in performance of the Contract may be exempted by issuing to

33 Page 33 suppliers an exemption certificate in lieu of tax. Exemption certificate complies with State Comptroller of Public Accounts Ruling No Any such exemption certificate issued in lieu of tax shall be subject to State Comptroller of Public Accounts Ruling No , as amended to be effective October 2, Failure by the Contractor to take advantage of this exemption shall make him responsible for paying tax at no additional cost to the Owner. 3.7 PERMITS, FEES AND NOTICES Delete the text of Section in its entirety and substitute the following: Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the Building Permit and other permits and governmental fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work which are customarily secured after execution of the GMP Amendment. Insert the following Sections through : The Owner shall pay directly to the governing authority the cost of all permanent property utility assessments and similar utility connection charges unless specifically indicated otherwise herein The Contractor shall be responsible for obtaining and paying for all required City and/or County Building Permits, TxDOT Permits, Inspection Fees, and Plan Checking Fees; temporary utility charges, tap charges, and water meter charges and any other similar fees assessed by jurisdictional authority having control over this Project Fees payable to the Texas Department Licensing and Regulation (TDLR) for document review relative to the Elimination of Architectural Barriers Act shall be paid by the Owner, and the Architect will submit the documents to the TDLR for review and approval The Contractor shall include in his GMP Proposal the permit fee required by the City or County. The Owner will be responsible for fees payable to the TDLR, any MUD and any Third-party plan reviewer. Insert the following Section : It is not the Contractor s responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. However, if the Contractor observes or should have observed, that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification.

34 Page 34 Add the following Section 3.7.6: The Contractor shall comply with the provisions of Section of the Texas Education Code and Section of the Texas Administrative Code. The form of certification by the Contractor shall be supplied by the Owner, and must be supplemented by the Contractor as required by law, or as requested by the Owner. 3.8 ALLOWANCES Delete the text of Section in its entirety and substitute the following: The Contractor shall include in the Guaranteed Maximum Price all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Architect or Owner may direct and approve in writing. No markup shall be allowed for the Contractor on any expenditures from Allowances or Contingency funds included in the Guaranteed Maximum Price. 3.9 SUPERINTENDENT Delete the text of Section in its entirety and substitute the following: The Contractor shall employ a competent superintendent, project manager and necessary assistants who shall be in attendance at the Project site during performance of the Work, including Punch List work. The superintendent and project manager shall represent the Contractor, and unless provided otherwise in Section 3.1.1, communications given to the superintendent or project manager shall be as binding as if given to the Contractor. Delete the text of Section in its entirety and substitute the following: The Contractor, as soon as practicable after award of the Contract, shall furnish to the Owner and the Architect in writing the name and professional qualifications of the person proposed by the Contractor as the superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure by the Architect to reply within the 14-day period shall constitute notice of no reasonable objection. Delete the text of Section in its entirety and substitute the following: The Contractor shall not assign any person as superintendent to whom the Owner or the Architect has made reasonable objection, nor shall the Contractor substitute a superintendent other than for death, disability, or other substantial reason which cannot be avoided. In the event a substitution of superintendent is necessary, the Contractor shall reimburse the Owner, Architect and his Consultants (on a reasonable hourly basis) for additional costs incurred due to said substitution. No increase in Contract Time or Contract Sum shall be allowed in the event the Owner or Architect objects to any nominated superintendent. The superintendent must be at the

35 Page 35 construction site acting in his supervisory capacity at all times when construction is in progress. A separate full-time superintendent will be required for each school site. Insert the following Section 3.9.4: The Contractor shall post all Addenda on Construction Documents prior to commencing Work on the site CONTRACTOR S CONSTRUCTION SCHEDULES Insert the following Sections and : The Contractor shall submit to the Architect, with each monthly Application for Payment a copy of the progress schedule showing all modifications required to have the schedule reflect appropriate revisions and shall take whatever action is necessary to assure that the Project completion schedule is met. The Contractor s schedule shall be prepared in a format which at a minimum graphically portrays (1) the beginning and duration for each phase of the Work described in those specification sections included in the Project Manual, (2) a critical path, meaning a limited sequence of critical activities, which establishes a linked sequence of each critical activity, a delay to any of which will cause a delay in completion of the Work, and (3) the float, indicating an activity or sequence which does not necessarily have to start or end on the scheduled date(s) to maintain the schedule The Contractor s schedule may be considered when requested extensions of time are evaluated SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Insert the following Sections and :.1 Submittals shall be submitted at the earliest possible time in order to expedite delivery of critical or long lead time items. For more complex systems and equipment (such as structural steel; doors, windows and hardware; casework; mechanical, electrical, and plumbing systems and equipment; food service equipment; sound systems and the like), the Contractor shall schedule at least 14 days for the Architect or his Consultants review and submittals shall be sequenced logically in accordance with the schedule, required fabrication and installation time..2 Where colors are to be selected by the Architect, the Contractor shall submit all product color samples in adequate time to allow the Architect to prepare a complete selection schedule. In general, all submittals requiring color selection shall be submitted to the Architect within four weeks of the date of the Contract for Construction. Regarding critical delivery items, wherever feasible, the Architect will release color selections on critical materials as they are needed.

36 Page 36 Insert the following text at the end of Section : If, in the opinion of the Architect, the Shop Drawings are (a) incomplete, (b) indicate an inadequate understanding of the work covered by the Shop Drawings, or (c) indicate a lack of study and review by the Contractor prior to submittal to the Architect, the Shop Drawings will be returned, unchecked, to the Contractor for correction of these three deficiencies and subsequent resubmittal. Additional service charges as outlined in Section may be charged by the Architect in this event. Delete the last sentence in Section Insert the following Section : The Contractor shall submit to the Architect the number of copies of product data and samples which the Contractor and his Subcontractors need for their use plus two additional sets for the Architect, one additional set for the Owner and one additional set for each of the Architect s Consultants involved with the particular section of Work. The Contractor shall submit drawings, data and samples to the Architect and Owner at least 14 days prior to the date the Contractor needs the reviewed submittals returned. Where Shop Drawings are involved, submit one high-quality reproducible transparency and one opaque print of the Shop Drawing for the Architect, plus one additional opaque print for each of the Architect s Consultants involved with the particular section of Work. The reproducible transparency will be marked by the Architect and/or his Consultants and returned to the Contractor for his use, distribution, correction or resubmittal, as required. The marked-up prints will be retained by the Architect and his Consultants. After final review and correction of the submittal, the Contractor shall send two corrected sets to the Architect, and one each to the Owner and the Architect s Consultants involved with the particular section of Work. The Contractor shall forward to the Fort Bend Independent School District Facilities Department one (1) copy of each submittal; including product approvals and Shop Drawings, simultaneously with the submittal to the Architect. The Owner may elect to address certain concerns regarding the submittal material, including manufacturer, colors, detail, or other matters. Any response will be directed to the Architect, and shall not interfere with the routine procedure of review and approval of submittals and timely return to the Contractors. The Architect shall review all submittals from the Contractor within a reasonable time period CLEANING UP Insert the following Section : Prior to the Architect s inspection for Substantial Completion, the Contractor shall clean exterior and interior surfaces exposed to view; remove temporary labels, stains and foreign substances; polish transparent and glossy surfaces; clean equipment and fixtures to a sanitary condition; replace air filters in mechanical equipment; clean roofs, gutters and downspouts; remove obstructions and flush debris from drainage systems; clean site; sweep paved areas and rake clean other surfaces; remove trash and surplus materials from the site; and make the Work ready in all respects for immediate and full use by the Owner.

37 Page INDEMNIFICATION Delete the text of Section in its entirety and substitute the following: TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OWNER, ITS TRUSTEES, OFFICERS, AGENTS, AND EMPLOYEES, TOGETHER WITH THE ARCHITECT, ARCHITECT S CONSULTANTS, AND THEIR AGENTS, OFFICERS AND EMPLOYEES FROM AND AGAINST CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, ATTORNEY S FEES, ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE WORK, PROVIDED THAT SUCH CLAIM, DAMAGE, LOSS, OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH, OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING LOSS OF USE RESULTING THEREFROM, BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY NEGLIGENT ACTS OR OMISSIONS OF THE CONTRACTOR, A SUBCONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM, OR ANYONE FOR WHOSE ACTS THEY MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT SUCH CLAIM, DAMAGE, LOSS, OR EXPENSE IS CAUSED IN PART BY A PARTY INDEMNIFIED HEREUNDER. SUCH OBLIGATION SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE, OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY WHICH WOULD OTHERWISE EXIST AS TO THE PART OR PERSONS DESCRIBED IN THIS SECTION Insert the following Sections : The obligations of the Contractor under this Section 3.18 shall not extend to the liability of the Architect, the Architect s consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect s consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. Insert the following Sections 3.19, 3.20 and 3.21 and associated subsections: 3.19 RECORD DRAWINGS At the completion of the Project, the Contractor shall submit one complete set of record drawings in hard copy form, along with one digital CD copy, changed to show all changes made during proposing and construction. Drafting shall be of comparable quality as the original drawings and the Contractor shall pay the cost of the required printing of the documents and the drafting. The location, including underground depth, of all utilities shall be clearly shown. The cost of the record drawings shall be included in the Contractor s General Conditions PREVAILING WAGE RATES The Contractor and each Subcontractor and Sub-subcontractor shall pay to all laborers, workmen, and mechanics employed in execution of this Contract not less than the

38 Page 38 Prevailing Wage Rate as specified in Exhibit D to the Contract. Determination of prevailing wages shall not be construed to prohibit payment of more than the rates identified ANTITRUST VIOLATIONS Contractor hereby assigns to owner any and all claims for overcharges associated with this Contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Section 1 et.seq. (1973). The Contractor shall include this provision in his agreements with each Subcontractor and Supplier. Each Subcontractor shall include such provision in agreements with Sub-subcontractors and Suppliers. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT Insert the following sentence at the end of Section 4.1.1: The Architect is identified on the Drawings and Project Manual Title Page. 4.2 ARCHITECT S ADMINISTRATION OF THE CONTRACT Delete the text of Section in its entirety and substitute the following: The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor s operations (1) to become generally familiar with and keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. The Architect will be required to make on-site inspections as necessary to keep the Owner informed of the progress of the Work and as necessary to guard the Owner against defects and deficiencies in the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor s rights and responsibilities under the Contract Documents, except as provided in Section Delete the text of Section in its entirety and substitute the following: The Architect shall have authority to reject Work that does not conform to the Contract Documents. The Architect shall be required to promptly notify the Owner of any nonconforming Work and shall reject such non-conforming Work unless the Owner objects to the rejection in writing within twenty-four (24) hours of such notification. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. Performance of any additional inspection or testing which would result in additional

39 Page 39 cost to the Owner shall require advance notice to and approval of the Owner. However, neither this authority of the Architect nor a decision made in good faith, either to exercise or not exercise such authority, shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work, except when the Contractor s inability to perform the Work is a result of design flaw, error or omission. Delete the first sentence of Section and substitute the following: The Architect will review the Contractor s submittals, such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and design concept expressed in the Contract Documents. Delete the text of Section in its entirety and substitute the following: All decisions on matters relating to aesthetic effect shall initially be made by the Architect; however, all such decisions are subject to the Owner s written approval. ARTICLE 5 SUBCONTRACTORS 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK Delete the text of section in its entirety and substitute the following: The Construction Manager shall publicly advertise and receive bids or proposals from Trade Contractors or Subcontractors for the performance of all major elements of the Work other than the minor Work that may be included in the General Conditions. The Owner must approve the manner in which the Construction Manager packages the divisions of work in the advertised proposal documents for Trade Contractors and Subcontractors. The Construction Manager may seek to perform portions of the Work himself if the Construction Manager submits its sealed bid or proposal to the Owner for those portions of the Work in the same manner as, but prior to, all other Trade Contractors or Subcontractors. The Construction Manager will be awarded such portions of the work if (1) the Owner determined that a sufficient number of competitive proposals or bids were received for the same portions of work, if it is major work, and (2) if the Owner determines that the Construction Manager s bid or proposal provides the best value for the Owner. Delete the text of section in its entirety and substitute the following: The Construction Manager and the Owner or the Owner s representative shall review all Trade Contractor or Subcontractor bids or proposals in a manner that does not disclose the contents of the bid or proposal during the selection process to a person not employed by the Construction Manager, Engineer, Architect or Owner. All bids or proposals shall be made public after the award of the Contract or within seven (7) days after the date of final selection of bids or

40 Page 40 proposals, whichever is later. Delete the text of section in its entirety and substitute the following: If the Construction Manager reviews, evaluates, and recommends to the Owner a bid or proposal from a Trade Contractor or Subcontractor, but the Owner requires another bid or proposal to be accepted, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the Substitute Subcontractor s Work. ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL Delete the text of Section in its entirety and substitute the following: A Change Order shall be based on agreement among the Owner s Board of Trustees, Contractor, and Architect, except when the Contract balance is amended as a result of Owner s Right to Carry out the Work under Section or the Owner s assessment of liquidated damages as allowed by the Contract Documents. In such event, the Change Order is deemed approved by Contractor and Contractor s signature is not required. A Construction Change Directive requires agreement by the Owner, or the Owner s representative, and Architect, and may or may not be agreed to by the Contractor; an order for a minor change may be issued by the Architect alone. 7.2 CHANGE ORDERS Insert the following Section 7.2.2: Methods used in determining adjustments to the Contract Sum shall be determined in one or more of the ways listed below. The first method listed shall be used unless the Architect determines that the method is inappropriate, in which case another method shall be selected:.1 By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. Where additional Work is involved, any lump sum over the amount of $ shall be broken down to represent the estimated cost of labor and materials plus mark-ups to cover overhead and profit..1 To compensate the Contractor, Subcontractor, or Sub-subcontractor actually performing a part of the Work for the combined cost of overhead and profit, the performing party shall be entitled to a single mark-up not to exceed 10% of the estimated cost of that part of the Work..2 To compensate (a) the Contractor for the combined cost of overhead

41 Page 41 and profit on Work performed by Subcontractors, or (b) Subcontractors for the combined cost of overhead and profit on Work performed by Sub-subcontractors, the Contractor or Subcontractor shall be entitled to a single mark-up not to exceed 5% of the subcontract amount..3 When a Sub-subcontractor performs the Work of a change, the maximum mark-up not to exceed 10% for combined overhead and profit shall be used only by the Sub-subcontractor. The Contractor and Subcontractor would each be entitled to a single mark-up not to exceed 5% of the cost to them for the Subcontractor and Subsubcontractor, respectively..2 By Unit Prices stated in the Contract Documents or subsequently agreed upon. Additional mark-ups for overhead and profit will not be allowed in Unit Price work..3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee..4 Unless otherwise provided in the Contract Documents, costs for the purposes of this Section shall be limited to the costs established in Sections through CONSTRUCTION CHANGE DIRECTIVES Delete the text of Section in its entirety and substitute the following: If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the methods described in Section Delete the text of Section in its entirety and substitute the following:.4 costs of premiums for all bonds and insurance, and permit fees related to the Work and required by the Contract Documents (unless the Work is charged to an allowance already included in the Contract Sum, in which case additional mark-ups for these items will not be allowed); and 7.4 MINOR CHANGES IN THE WORK Delete the text of Section 7.4 in its entirety. Insert the following Section 7.5 and associated subsections: 7.5 ALLOWABLE MARK-UPS FOR CHANGES IN THE WORK

42 Page In Sections 7.2.2, and 7.3.7, the allowance for the combined overhead and profit included in the total cost to the Owner shall be based on the following schedule:.1 For the Contractor, for Work performed by the Contractor s own forces, his markup for overhead and profit shall not exceed the Construction Manager s Fee;.2 For the Contractor, for Work performed by the Contractor s Subcontractor(s), his mark-up shall be determined in accordance with Section 7.3.7;.3 For each Subcontractor or Sub-subcontractor involved, for Work performed by that Subcontractor s or Sub-subcontractor s own forces, 10 percent of the cost;.4 For each Subcontractor, for Work performed by the Subcontractor s Subsubcontractors, 5 percent of the amount due the Sub-subcontractor(s)..5 Cost to which overhead and profit is to be applied shall be determined in accordance with Section 7.3.7; and.6 In order to facilitate checking of quotations for extras or credits, all proposals of Contractor, Subcontractors and Sub-subcontractors (except those so minor that their propriety can be seen by inspection), shall be accompanied by a complete and detailed work sheet showing itemization of costs, including labor, materials, quantities, unit prices and other costs. ARTICLE 8 TIME 8.1 DEFINITIONS Delete the text of Sections and in their entirety. Delete the text of Section in its entirety and substitute the following: Unless otherwise agreed, the date inserted on the Agreement form and the Date of Commencement of the Work shall be as follows:.1 The date inserted on the first page of the Agreement form will be the date the Owner formally awards the Contract. As soon as feasible after receipt of Proposals, the Architect will present Agreement forms to the Contractor for his review and signature; the Contractor will be allowed a maximum of five (5) days from the date the prepared Agreements are presented to him to (1) obtain the required bond forms and insurance certificates, and (2) return the executed Agreements and supporting documents to the Architect for transmittal to the Owner for his final review and execution..2 The Date of Commencement of the Work is described in Section DELAYS AND EXTENSIONS OF TIME Delete the text of Section in its entirety and substitute the following:

43 Page If the Contractor is delayed at any time in the commencement or progress of the Work or by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, Net Weather Days, or other unforeseen causes beyond the Contractor s control, or by other causes which the Architect determines may justify delay, then the Contract Time and General Conditions, if applicable, shall be extended by Change Order for such reasonable time and amount as the Architect and the Owner may determine. Insert the following Sections 8.3.4, 8.3.5, and 8.3.7: Extensions of time granted for causes described herein will be granted on the basis of one Regular Work Day extension for each Regular Work Day lost (i.e., 7 Calendar Days extension will be granted after 5 Regular Work Days are lost, except as modified by the provisions contained herein related to Anticipated Weather Days) Each Proposer shall include in his proposed Contract Time an allowance of Anticipated Weather Days in accordance with the following schedule: Number of Anticipated Weather Days to be included in proposed Contract Time (These are Regular Work Days) only in those months in which critical portions of the Work are being completed which can be impacted by weather: January - 3 July - 4 February - 4 August - 4 March - 4 September - 4 April - 2 October - 3 May - 5 November - 5 June - 6 December Weather Days shall pertain to such items as rain, flooding, snow, unusually high winds, excessively wet grounds, or the like which prevent progress on major portions of the Work on Regular Work Days only. If such situations occur on more than the number of Anticipated Weather Days included in the proposed Contract Time and if those additional days prevent the Contractor from performing critical portions of the scheduled Work, extensions of time caused by inclement weather may be requested as enumerated hereinafter; if the inclement weather is rain related, the rain at the site must have been in excess of 0.10 inches in 24 hours At the beginning of each month, the Contractor shall submit a monthly status report showing (1) the scheduled number of Anticipated Weather Days for the particular month, (2) the actual Weather Days requested, and (3) the Net Weather Days (plus, minus, or no change). At times deemed appropriate by the Architect or when requested in writing by the Contractor, the Contract Time will be adjusted by Change Order if the total of Net Weather Days is substantially greater than 0. If the Contractor fails to submit said monthly status report, it will be assumed that none of the Anticipated Weather Days were used for that month and they shall accumulate for possible future offset against Net Weather Days; however, if at the end of the Project, all Anticipated Weather Days have not been used, the Contract Completion Time will not be reduced.

44 Page 44 An example of the monthly schedule to be submitted is as follows: Actual Weather Anticipated Weather Days (Regular) Net Weather Month Days (Regular) Requested Days (Regular) January February March April May June TOTALS Using this example (and assuming that all requested days were approved), there were 5 Net Weather Days (regular) for the first six months of the Project and the extension of Contract Time would be 7 Calendar Days. (Since a 7 Calendar Days extension is granted after 5 Regular Work Days are lost.) TESTING DAYS: In addition to the above weather days, Contractor shall include in his schedule ten (10) testing days per school year during which no Work will be conducted on site. Owner shall notify contractor in advance of such dates. Insert the following Section 8.4: 8.4 LIQUIDATED DAMAGES The wording in Section will be modified to include the completion times proposed for this Project and will be included in the Agreement Between Owner and Contractor under Time of Completion The Work to be performed under this Agreement shall be substantially completed by the deadline stated in the Contract Documents. The parties hereto agree that time is of the essence of this Contract and that the pecuniary damages which would be suffered by the Owner, if the Contractor does not substantially complete all Work called for in the Contract Documents by the specified date, are in their very nature difficult of ascertainment. It is therefore expressly agreed as a part of the consideration inducing the Owner to execute this Contract that the Owner may deduct from the final payment made to the Contractor a sum equal to Two-Thousand Dollars ($2,000) per day for each and every Calendar Day beyond the agreed date which the Contractor shall require for Substantial Completion of the Work included in this Contract. It is expressly understood that the said sum per day is agreed upon as a fair estimate of the pecuniary damages which will be sustained by the Owner in the event that the Work is not substantially completed within the agreed time, or within the legally extended time, if any, otherwise provided for herein. Said sum shall be considered as liquidated damages only and in no sense shall be considered a penalty or forfeiture, said damage being caused by additional compensation to personnel, and other miscellaneous increased costs, all of which are difficult of exact ascertainment.

45 Page The Owner s use of the Substantially Complete facilities shall not be disrupted or prohibited in any way. Failure to complete and close-out the Project within sixty (60) days after the scheduled Substantial Completion date will result in liquidated damages being assessed in the amount of one-fourth of the amount specified in Section It is expressly understood that said sum per day is agreed upon as a fair estimate of the pecuniary damages which will be sustained by the Owner in the event that the Project close-out does not occur on a timely basis. Said sum shall be considered as liquidated damages only, and in no sense shall be considered a penalty or forfeiture; said damage being caused by additional compensation to personnel, and other miscellaneous increased costs, all of which are difficult of exact ascertainment. ARTICLE 9 PAYMENTS AND COMPLETION 9.3 APPLICATIONS FOR PAYMENT Delete the text of Section in its entirety and substitute the following: As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. Delete Section in its entirety and substitute the following: Payments shall be made on account of materials and/or equipment (1) incorporated in the Work, (2) suitably stored at the site, or (3) suitably stored at some off-site location, provided the following conditions are met for off-site storage:.1 The location must be agreed to, in writing, by the Owner and the Surety..2 The location must be a bonded warehouse..3 The Surety must agree, in writing, to each request for payment..4 The Contractor must bear the cost of the Owner s and Architect s expenses related to visiting the off-site storage area. Payments for materials or equipment stored on or off the site shall be conditioned upon submission by the Contractor of Bills of sale or such other procedures satisfactory to the Owner to establish the Owner s title to such materials or equipment or otherwise protect the Owner s interest, including applicable insurance (naming the Owner as insured) and transportation to the site for those materials and equipment stored off the site. Under no circumstances will the Owner reimburse the Contractor for down payments, deposits, or other advance payments for materials or equipment. The Contractor acknowledges that the review of materials and/or equipment stored off the site is an additional service of the Architect, and the Contractor shall be charged for that service. The cost for such service will be established by the Architect and is not subject to appeal.

46 Page 46 Insert the following Section 9.3.4: The Contractor shall submit requests for payment in quadruplicate originals using the top sheets, originals of Application and Certificate for Payment AIA Document G702 current edition; continuation sheets showing in detail the amounts requested, etc. All blank spaces in AIA Document G702 current edition must be completed and the signatures of the Contractor and Notary Public shall be original on each form. By submitting his application for payment, the Contractor certifies that the individual signing the application is authorized to do so. Refer also to Section Special Owner Requirements, item entitled Application of Payments for additional requirements. 9.6 PROGRESS PAYMENTS Delete the text of Section in its entirety and substitute the following: After the Architect has issued a Certificate for Payment, the Owner shall make progress payments based upon the Applications for Payment and supporting documents submitted to the Architect by the Contractor and certification of the amount payable by the Architect, as follows:.1 Not later than twenty-five (25) days following the end of the period covered by the Application for Payment, ninety-five percent (95%) of the portion of the Contract Sum properly allocable to labor, materials, and equipment incorporated in the Work and ninety-five percent (95%) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing (subject to the conditions listed in Section 9.3.2), for the period covered by the Application for Payment and ending the last day of the month, less the aggregate of previous payments made by the Owner and amounts disputed in good faith..2 Upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety-five percent (95%) of the Contract Sum, less one hundred percent (100%) of such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. Add the following sentence at the end of Section 9.6.2: More specifically, if only 5% retainage is withheld by the Owner on payments to the Contractor, then the Contractor shall withhold only 5% retainage on payments to Subcontractors; and Subcontractors shall withhold only 5% retainage on payments to Subsubcontractors. 9.7 FAILURE OF PAYMENT Delete the following text from Section 9.7:

47 Page or awarded by binding arbitration. 9.8 SUBSTANTIAL COMPLETION Add the following sentence at the end of Section 9.8.1: The following items are a partial list of requirements, as applicable, to the Project, that must be completed prior to establishing the Date of Substantial Completion. It is expressly understood that the establishment of Substantial Completion is subject only to those items within the scope of the Work..1 All fire alarm system components must be completed and demonstrated to the Owner..2 Local fire marshal approval certificate must be delivered to the Owner..3 All HVAC air and water balancing must be complete..4 All Energy Management Systems must be complete and fully operational and demonstrated to the Owner..5 All school communications equipment and telephone systems must be complete and demonstrated to the Owner..6 All final lockset cores must be installed..7 All room plaques and exterior signage must be complete..8 All Owner demonstrations and training must be completed, including kitchen equipment, HVAC equipment, plumbing equipment, and electrical equipment..9 All exterior clean-up and landscaping must be complete..10 All final interior clean-up must be complete..11 A final Certificate of Occupancy conforming to the requirements of the location jurisdictional authority must be signed by the Contractor and delivered to the Owner..12 All operation and maintenance manuals must be complete and delivered to the Owner. Insert the following text at the end of Section 9.8.2: In order to initiate and facilitate the preparation of the Contractor s list of items to be completed or corrected (Punch List), the Architect, if requested by the Contractor, will inspect a few representative rooms with the Contractor s superintendent and the office project manager to assist the Contractor in the preparation of the Contractor s Punch List. The Contractor s superintendent shall participate in the preparation of the Contractor s Punch List that is submitted to the Architect and shall personally inspect each and every item himself before certifying to the Architect that listed items have been corrected. Should the Architect determine that the Contractor s Punch List lacks sufficient detail or requires extensive supplementation, the Punch List will be returned to the Contractor for revision and the inspection for determining the Date of Substantial Completion will be delayed until the Punch List submitted is a reasonable representation of the work to be completed. To further facilitate completion of the Work the Contractor s superintendent shall accompany the Architect and his consultants during their inspections and the preparation of their

48 Page 48 supplements to the Punch List and the superintendent shall record or otherwise take note of those supplementary items. The Architect will endeavor to furnish to the Contractor typed, hand-lettered, written or recorded supplements to the Punch List in a prompt manner; however, any delay in the Contractor s receiving said supplements from the Architect shall not be cause for a claim for additional cost or extension of time as the Contractor s superintendent shall have been in attendance during the inspections of the Architect and his consultants and will have been expected to have taken his own notes. Furthermore, a significantly large number of items to be completed or corrected will preclude the Architect from issuing a Certificate of Substantial Completion. The Owner and Architect will be the sole judges of what constitutes a significantly large number of items. It is anticipated that the detailed list of items of work to be completed or corrected at the Date of Substantial Completion will be no longer than two typed pages. Insert the following Section 9.8.5: After the date of Substantial Completion of the Project, as evidenced by the Certificate of Substantial Completion, G704 current edition, the Contractor will be allowed a period of thirty (30) days (unless extended by mutual agreement or provision of the Contract) within which to correct all deficiencies attached to the Certificate of Substantial Completion. Failure of the Contractor to complete such corrections within the stipulated time will be reported to the Contractor s Surety. In the report of deficiency, the Contractor and Surety will be informed that, should correction remain incomplete for fifteen (15) additional days, the Owner may initiate action to complete corrective work out of the remaining Contract funds in accordance with Section Additional costs of the Owner, Architect, and other consultants incurred because of the Contractor s failure to complete the correction of deficiencies within thirty (30) days after the date of Substantial Completion (unless extended by mutual agreement or provision of the Contract) may be deducted from the funds remaining to be paid to the Contractor. Should corrective work following Substantial Completion require more than one reinspection after notification by the Contractor that corrections are complete, the cost of subsequent inspections may also be deducted from funds remaining unpaid to the Contractor. Delete the first sentence of Section and substitute the following: The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer, as required under Article 11 - Insurance and Bonds, and authorized by public authority having jurisdiction over the Work FINAL COMPLETION AND FINAL PAYMENT Insert the following subsection under Section :.4 Overpayments made by Owner to Contractor discovered or revealed by the Owner or its auditors.

49 Page 49 Insert the following Section : Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor thirty-one (31) days after Substantial Completion of the Work unless otherwise stipulated in the Certificate of Substantial Completion, provided the Work has then been completed, the Contract fully performed, all Contract Close Out Documents have been submitted, and the Final Certificate for Payment has been issued by the Architect. The final payment will not be made until the foregoing conditions have been satisfied. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY Add Sections and as follows: The performance of the foregoing services by the Contractor shall not relieve the Subcontractors of their responsibilities for the safety of persons and property and for compliance with all applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to the conduct of the Work The Contractor shall be responsible for taking all precautions necessary to protect the Work in place from any foreseeable weather conditions which could cause any potential damage to portions or all Work in place. The Contractor shall be responsible for performing all repairs and/or replacement of any Work that results from foreseeable weather conditions HAZARDOUS MATERIALS Delete the text of Sections , and in their entirety and substitute the following: The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. The Owner, Contractor and Architect shall then proceed in the same manner described in Section The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported in writing by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor

50 Page 50 and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to a person or entity proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor s reasonable additional costs of shut-down, delay and start-up Only to the extent permitted by Texas law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect s consultants and agents and employees of any of them from and against claims, damages, or losses, excluding legal fees and expenses, arising out of or resulting from performance of the Work in the affected area in fact the material or substance presents the risk of bodily injury or death described in Section and has not been rendered harmless, provided that such claim, damage or loss is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property (other that the Work itself) and only to the extent that such damage or loss is not due to the negligence of a party seeking indemnity. Delete the text of Section in its entirety and substitute the following: The use of any construction process or the installation of any materials containing, in any proportion, a substance determined by an agency of federal or state government to create a hazard, is strictly prohibited on this Project. Such prohibited materials include, without limitation:.1 Asbestos or asbestos-containing materials;.2 Lead in any portion of the drinking water system (conformance with the Safe Drinking Water Acts Amendment of 1986 is required);.3 Refrigerant R-11 (Trichlorofluoromethane);.4 Refrigerant R-12 (Dichlorodhfluoromethane);.5 Refrigerant R-113 (Trichlorotrifluoroethane);.6 Refrigerant R-114 (Dichlorotetrafluoroethane);.7 Refrigerant R-500 (combination of R-12 and R-152a);.8 Refrigerant R-502 (combination of R-22 and R-115);.9 Transformer Cooling Agent P.C.B. (Polychloride Byphenyls); and.10 Chemicals used in eradicating termites. Delete Section in its entirety. Insert the following Section 10.5: 10.5 MATERIALS CONTAINING ASBESTOS, LEAD OR PCBs The Contractor and each Subcontractor, Sub-subcontractor and supplier, prior to final payment, shall submit a notarized statement on their letterhead certifying to the best of their information, knowledge and belief, asbestos, asbestos-containing materials, and PCBs have not

51 Page 51 been used or incorporated into the Work and lead or lead-bearing materials have not been incorporated into potable water systems. For the purpose of definition as used in this statement, the term potable water systems includes, without limitation, those water systems for drinking fountains, all sinks, showers, bath tubs, residential and commercial kitchen equipment, ice machines, and hose bibs, as applicable to the Project To the best knowledge of the Owner, the Architect and his consultants, no products or materials containing asbestos or polychlorinated biphenyl (PCB) or other toxic substances have been specified for this Project. In the event the Contractor or his Subcontractors become aware that any products or materials specified, ordered, scheduled for or already incorporated in the Work on this Project, contain any hazardous material, whether stated in Section or not, the situation shall be reported immediately to the Owner and Architect in writing. An acceptable, equal substitute for the product or material in question shall be proposed by the Contractor and the product or material in question, if already onsite or incorporated in the Work, shall be removed from the site immediately and returned to the supplier or manufacturer As a part of the Project Close Out process and prior to receiving payment of any of the retainage the Contractor and his Subcontractors shall submit notarized affidavits and MSDS certifying that hazardous materials were not incorporated into the construction of the Project. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR S LIABILITY INSURANCE Delete the entirety of Article 11.1 and refer to Owner s Insurance Requirements set forth in Exhibit A to the AIA A PROPERTY INSURANCE Delete the text of Section in its entirety and refer to Exhibit A to the AIA A PERFORMANCE BOND AND PAYMENT BOND Insert the following Sections , , and : The Performance Bond Form and the Payment Bond Form included herein shall be executed and submitted to the Architect in duplicate prior to commencement of the Work. The surety companies must be acceptable to the Owner and licensed admitted carriers in the State of Texas; and the surety shall be listed, with appropriate underwriting limitation, on the U.S. Treasury Department Circular No. 570 (Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies) Each bond shall be of penal sum equal to 100% of the Guaranteed Maximum Price amount and shall be compatible with the provisions of the governing authority. The Contractor

52 Page 52 shall file copies of each bond with the county clerk and furnish the Owner with a file receipt. The bonds shall remain in full force throughout the warranty period of the Agreement. The Work will not be started until the bonds and issuing companies have been accepted as satisfactory by the Owner. The original bonds will be delivered to the Owner with an attached authorized power of attorney. If a fixed contract amount or guaranteed maximum price has not been determined at the time the Contract is awarded, the penal sums of the performance and payment bonds delivered to the Owner must each be in an amount equal to the project budget, as specified in the request for qualifications or request for sealed proposal. The Contractor shall deliver the bonds not later than the tenth (10 th ) day after the date the Contractor executes this Agreement unless the Contractor furnishes a bid bond or other financial security acceptable to the Owner to ensure that the Contractor will furnish the required performance and payment bonds when a guaranteed maximum price is established Claims must be sent to the Contractor and his Surety in accordance with Gov t Code, Chapter The Owner will furnish in accordance with such Article, a copy of the Payment Bond as provided therein to claimants upon request. All claimants are cautioned that no lien exists on the funds unpaid to the Contractor on such Contract, and that reliance on notices sent to the Owner may result in loss of their rights against the Contractor and/or his Surety. The Owner is not responsible in any manner to a claimant for collection of unpaid bills, and accepts no such responsibility because of any representation by any agent or employee. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.3 ACCEPTANCE OF NONCONFORMING WORK Insert the following Section : The Owner s use and/or occupancy of any or all of the Project site shall never be construed as an acceptance of Work not in conformance with Contract Documents. The Owner reserves the right to enforce provisions of the Contract unless the Owner s acceptance is provided to Contractor in writing. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.3 WRITTEN NOTICE Delete the text of Section 13.3 in its entirety and substitute the following: 13.3 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer at the corporation for which it was intended, or if delivered at or sent by registered or certified mail, or by courier service providing proof of delivery, to the last business address known to the party giving notice, or if delivered by facsimile to the offices of the person or corporation for which it was intended. For facsimiles received after 5:00 p.m. on a business day, or on a weekend or legal holiday on which the

53 Page 53 recipient s offices are closed, notice shall be deemed to have been duly served on the next business day TESTS AND INSPECTIONS Delete the last sentence of Section and substitute the following: The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after the Guaranteed Maximum Price is adopted by the Owner TIME LIMITS ON CLAIMS Delete the last sentence of Section 13.7 in its entirety. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.2 TERMINATION BY THE OWNER FOR CAUSE Add Section as follows: The Contractor hereby assigns the Owner any and all claims for overcharges associated with this Contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Section 1 et. Seq. (1973) TERMINATION BY THE OWNER FOR CONVENIENCE Delete the text of Section in its entirety and substitute the following: In the case of such termination for the Owner s convenience, the Contractor shall be entitled to receive payment only for Work in accordance with the Contract Documents executed up to the effective date of the notice of termination. ARTICLE 15 CLAIMS AND DISPUTES Delete the second sentence of Section in its entirety and substitute the following: Claims by either party must be initiated within ninety (90) days after occurrence of the event giving rise to such Claim or within ninety (90) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later CONTINUING CONTRACT PERFORMANCE Delete the text of Section in its entirety and substitute the following: Continuing Contract Performance. Pending final resolution of a Claim

54 Page 54 except as otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decision of the Initial Decision Maker CLAIMS FOR ADDITIONAL TIME Delete the text of Section in its entirety and substitute the following: If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented and listed in accordance with Article CLAIMS FOR CONSEQUENTIAL DAMAGES Delete the text of Section and its subsections in their entirety INITIAL DECISION Delete the text of Section in its entirety and substitute the following: Claims, excluding those arising under Sections and , or claims alleging an error or omission by the Architect, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. If the parties are unable to agree, any claim, dispute or matters arising out of the contract between the Architect, Owner and Contractor or any combination of those parties shall be submitted to a court of appropriate jurisdiction. Delete the text of Section in its entirety and substitute the following: The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties, but subject to mediation, if both the parties so agree, and subject to legal or equitable proceedings in a court having jurisdiction thereof. It is understood and agreed that, in the event that any dispute, controversy, or conflict arises during the design and construction of the Project or following its completion, the parties hereto will cooperate in good faith, if possible, to resolve the issues without resorting to litigation. Delete the text of Sections and , and in their entirety MEDIATION Delete the text of Section in its entirety and substitute the following: Any claim, dispute, or other matter arising out of or related to this Agreement may,

55 Page 55 at Owner s sole election, be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Delete the text of Section in its entirety. Delete the text of Section in its entirety and substitute the following: The Owner and Contractor shall endeavor to resolve claims, disputes, and other matters between them by informal negotiation or mediation, if desired by the Owner. The Owner shall provide written notice to the Contractor if mediation is desired by the Owner. If the parties to a dispute arising out of or related to the Contract agree to submit the claim to mediation following a decision by the Initial Decision Maker, the parties shall select an independent mediator by mutual consent of the parties, to assist in the further effort to resolve the dispute, and shall share the mediator s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Nothing in the Contract Documents shall be construed as requiring mandatory mediation prior to litigation ARBITRATION; CONSOLIDATION OR JOINDER Delete all provisions and subsections of Sections 15.4, , , , and in their entirety, and all other references to Arbitration in the Contract Documents. These Supplementary Conditions are entered into as of the date indicated on the AIA Standard Form of Agreement. OWNER (Signature) CONTRACTOR (Signature) (Printed Name and Title) (Printed Name and Title)

56 Page 56 ATTACHMENT F EXHIBIT D TO THE CONTRACT (1) PREVAILING WAGE RATE D ETERMINATION INFORMATION The following information is from Chapter 2258 Texas Government Code: Effective 1 March Right to be Paid Prevailing Wage Rates. (a) A worker employed on a public work by or on behalf of the state or a political subdivision of the state shall be paid: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. (b) Subsection (a) does not apply to maintenance work. (c) A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty. (a) The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section to a worker employed by it in the execution of the contract. (b) A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. (c) A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided by Section (d) The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. (e) A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10, Duty of Public Body to Hear Complaints and Withhold Payment. A public body awarding a contract, and an agent or officer of the public body, shall: (2) take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and (3) withhold money forfeited or required to be withheld under this chapter from the payments to the contractor under the contract, except that the public body may not withhold money from other than the final payment without a determination by the public body that there is good cause to believe that the contractor has violated this chapter.

57 Page 57 Prevailing Wage Rates - School Construction Trades Effective March 1, 2016 Texas Gulf Coast Area CLASSIFICATION HOURLY RATE Asbestos Worker $15.42 Bricklayers; Masons $18.34 Carpenters/Caseworker $21.50 Carpet Layers/Floor Installers $20.03 Concrete Finishers $16.13 Data Comm / Telecom Installer $23.50 Drywall Installers; Ceiling Installers $16.69 Electricians $22.44 Elevator Mechanics $30.00 Fire Proofing Installer $19.13 Glaziers $19.87 Heavy Equipment Operators $18.18 Insulators $16.16 Ironworkers $18.14 Laborers $11.81 Lather / Plasterer $18.03 Light Equipment Operators $15.21 Metal Building Assemblers $17.53 Millwrights $20.69 Painters/Wall Covering Installers $15.75 Pipefitters $25.70 Plumbers $26.50 Roofers $18.80 Sheet Metal Workers $20.46 Sprinkler Fitters $25.10 Steel Erector $19.33 Terrazzo Workers $19.67 Tile Setters $19.83 Waterproofers/Caulkers $19.00 This document was developed by PBK Architects, Inc. in strict accordance with the Texas Government Code Chapter 2258.

58 Prevailing Wage Rates Worker Classification Definition Sheet Asbestos Worker Bricklayers/Masons Carpenter / Caseworker Carpet Layer / Floor Installer Concrete Finisher Data Communications/ Telecom Installer Drywall / Ceiling Installer Electrician Elevator Mechanic Fire Proofing Installer Glazier Heavy Equipment Operator Insulator Iron Worker Laborer / Helper Lather / Plasterer Light Equipment Operator Metal Building Assembler Millwright Painter/ Wall covering Installer Pipefitter Plumber Roofer Sheet Metal Worker Sprinkler Fitter Worker who removes & disposes of asbestos materials. Craftsman who works with masonry products, stone, brick, block or any material substituting for those materials & accessories. Worker who builds wood structures or structures of any material which has replaced wood. Includes rough & finish carpentry, hardware and trim. Worker who installs carpets and/or floor coverings-vinyl tile. Worker who floats, trowels and finishes concrete. Worker who installs data/telephone & television cable and associated equipment and accessories. Worker who installs metal framed walls & ceilings, drywall coverings, ceiling grids & ceilings. Skilled craftsman who installs or repairs electrical wiring & devices. Includes fire alarm systems &HVAC electrical controls. Craftsman skilled in the installation & maintenance of elevators. Worker who sprays or applies fire proofing materials. Worker who installs glass, glazing and glass framing. Includes, but not limited to, all Cat tractors, all derrick-powered, all power operated cranes, backhoe, back-filler, power operated shovel, winch truck, all trenching machines. Worker who applies, sprays or installs insulation. Skilled craftsman who erects structural steel framing & installs structural concrete Rebar. Worker qualified for only unskilled or semi-skilled work. Lifting, carrying materials & tools, hauling, digging, clean-up. Worker who installs metal framing & lath. Worker who applies plaster to lathing and installs associated accessories. Includes, but not limited to, air compressors, truck crane driver, flex plane, building elevator, form grader, concrete mixer (less than 14cf), conveyer. Worker who assembles pre-made metal buildings. Mechanic specializing in the installation of heavy machinery, conveyance, wrenches, dock levelers, hydraulic lifts & align pumps. Worker who prepares wall surfaces & applies paint and/or wall coverings, tape and bedding. Trained worker who installs piping systems, chilled water piping & hot water (boiler) piping, pneumatic tubing controls, chillers, boilers & associated mechanical equipment. Skilled craftsman who installs domestic hot & cold water piping, waste piping, storm system piping, water closets, sinks, urinals, and related work. Worker who installs roofing materials, Bitumen (asphalt & coal tar) felts, flashings, all types roofing membranes & associated products. Worker who installs sheet metal products. Roof metal, flashings & curbs, ductwork, mechanical equipment and associated metals. Worker who installs fire sprinkler systems & fire protection equipment. PISD RFQ No Addendum No N Main St. \\ Pearland, Texas \\ P \\