Cleburne Independent School district

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Bond 2018

Wheat Concession Stand

 Timeline and Documents for Wheat Middle School Concession Stand Construction
Total Cost $284,780.00


November 2009 - The district requested BMA Architects to provide a cost estimate to construct a new concession stand for Wheat Middle School in order to make both Middle School campuses equitable. In 2009 the estimated cost to construct a new concession stand was $230,000 to $280,000.  Budgets for projects are created based on data gathered from sources such as architects and actual costs of projects of similar scope and size.  Until a project is bid actual costs are not known.


2009 Wheat Concession Stand Cost Estimate


February 2013 - Cleburne ISD Board of Trustees calls for $10,000,000 bond election.


May 2013 - Cleburne ISD voters approve $10,000,000 bond which included the construction of a new concession stand for the Wheat Middle School football field.


2013 Bond Components


In 2011 the Texas Legislature made changes to the law that affected the way school districts utilize engineers and architects for construction projects.  In response to the new changes Cleburne ISD solicited an opinion of an attorney to ensure the district was in compliance.  
The opinion letter is attached. 


Attorney Opinion Letter Concerning The Engineering Practice Act

2011 Legislative Session Construction Requirements


Architect Mandated by statute:

Architects. A new building owned by a political subdivision having construction costs exceeding $100,000 or an alteration or addition to an existing building having construction costs exceeding $50,000 must have architectural plans and specifications prepared by an architect. TEX. OCC. CODE ANN. § 1051.703(a).


Engineers. A political subdivision may not construct a public work involving engineering in which the public health, welfare or safety is involved unless the engineering plans, specifications, and estimates have been prepared by an engineer and the engineering construction is to be performed under the direct supervision of an engineer. TEX. OCC. CODE ANN. § 1001.407.


Exceptions: (1) A public work that involves electrical or mechanical engineering if the contemplated expense for the completed project is $8,000 or less, or (2) a public work that does not involve electrical or mechanical engineering if the contemplated expense for the completed project is $20,000 or less. TEX. OCC. CODE ANN. § 1001.053.


October 2013 - BMA Architects (Architects on Record) were contacted to discuss design work for the construction of a new football concession stand at Wheat MS.


 BMA Amendment 10/18/2013


January 2014 - BMA Architects provided a rough drawing of the layout of the Wheat MS concession stand.  BMA was instructed to proceed with design which was presented. This information was included in the January 2014 Operations Report to the Board.


Rough Concession Design Sketch


February 2014 - Alpha Testing was contracted to conduct pre-construction soil sampling and provide test results to BMA for to begin building design and structural engineering.  Childress Engineers was contracted to provide civil engineering services which include topographic survey, site paving, grading plans, drainage design and utility plans (water and sanitary sewer).


Alpha Testing

Childress Engineers


April 2014 – Plans are submitted to Texas Department of Licensing and Regulation for Handicap Accessibility Review and approval.

April 2014 - Design phase complete with construction and bid documents provided to CISD by BMA.  The documents include full construction blueprints and project specification manual. 


Construction Manual


Addenda 1


The advertisement soliciting bids for the construction of the Wheat concession stand was published in the Cleburne Times Review April 24 and May 1, 2014.  The CISD Board of Trustees was updated on the progress in the Operations memo.  Board Policy CH and CV legal pertaining to purchasing and construction were followed.


Cleburne Times Review Advertisement 

Cleburne Times Review Affidavit


May 2014 - Pre-bid meeting was conducted at the construction site on May 5, 2014 and sealed bids were received on May 12, 2014 at Cleburne ISD Administration Building.  Three qualified bids were received and read aloud. 

  • Nissi Group Bid                                                                                           $248,490
  • CME Builders Bid (Local Cleburne Contractor)                                           $323,000
  • Mart Inc. Bid                                                                                               $470,000


Bid Tabulation Sheet


Each bid was evaluated to ensure all board policy and state mandated requirements were met (bonding and insurance).  Statue and Board Policy CV Legal.


  • Performance and Payment Bonds. TEX. GOV’T CODE Chapter 2253. A school district must require a contractor, before beginning work, to execute a performance bond if the contract is in excess of $100,000, and a payment bond if the contract is in excess of $25,000. TEX. GOV’T CODE § 2253.021(a).
  • A performance bond is for the protection of the school district in case of default of the contractor. TEX. GOV’T CODE § 2253.021(b).
  • A payment bond is for the protection of subcontractors and material suppliers to the contractor and protects school districts from payment claims from those subcontractors and material suppliers. TEX. GOV’T CODE § 2253.021(c).
  • If a school district fails to obtain a payment bond from the prime contractor, the school district assumes the liability of a surety to pay valid claims, and claimants may obtain a lien on contract funds due the prime contractor. TEX. GOV’T CODE § 2253.027.

After fully vetting the Nissi Group, the recommendation was presented to the Board of trustees to accept their bid.  The Nissi Group bid was in line with a cost estimate provided to the district by BMA Architects (November 2009). The Board of Trustees approved the Niisi Group to construct the new concession stand at the regular board meeting May 19, 2014.  The “AIA 101-2007™ Standard Agreement Between Owner and Contractor” (Contract) was executed and certified by the Architect on May 23, 2014.  Construction began May 27, 2014.


Nissi AIA Contract

Execution of Bid


June through September 2014 – Construction phase of the project.  Alpha Testing conducts material testing to ensure specifications are being met during construction. The contractor requested payments based on a Schedule of Values.  No payments are made to the contractor until the work is verified by the architect (BMA) and certified with a signed affidavit called a pay application.  The pay application is notarized and signed by the contractor, architect and the district. Prior to the concession stand being accepted by the district, the architect completes an inspection and certifies the building is substantially complete.  The AIA G704-2000 “Certificate of Substantial Completion” was issued by BMA Architects on September 18, 2014.  Stephens and Associates Architects are contracted to conduct Handicap Accessibility inspection for TDLR.


Alpha Testing Reports:


Material Testing 1

Material Testing 2

Material Testing 3

Material Testing 4

Material Testing 5

Material Testing 6

Material Testing 7

Material Testing 8

Material Testing 9




Total Concession Stand Cost



Alpha Testing:

Payment Summary

PO 13-80055 and Invoices

PO 13-83509 and Invoices

PO 13-84509 and Invoices


BMA Architects:

Payment Summary

PO 13-77061 and Invoices

PO 13-82891 and Invoices

PO 13-83835 and Invoices


Childress Engineers:

Payment Summary

PO 13-79681 and Invoices


Nissi Development Group

Payment Summary

PO 13-83754 and Invoices with Pay Applications


Stephens and Associates Architects

Payment Summary

PO 14-86450 and Invoices