SOUTHSIDE INDEPENDENT SCHOOL DISTRICT - San Angelo ISD

notification from Owner. Contractor shall prosecute the work without interruption until accepted
by the Owner and the Architect, even though such prosecution should extend beyond the limit
of the warranty period. If Contractor fails to provide notice of the expiration of the one-year
warranty period at least one (1) month prior to the expiration date, Contractor's warranty
obligations described in this Section shall continue until such inspection is conducted and any
deficiencies found in the inspection corrected.
3.5.6 Add new Section 3.5.6 as follows:
Warranties shall become effective on a date established by the Owner and Architect in
accordance with the Contract Documents. This date shall be the Date of substantial
Completion of the entire Work, unless otherwise provided in any Certificate of Partial
substantial Completion approved by the parties, except for work to be completed or corrected
after the date of substantial Completion and prior to final payment. Warranties for work to be
completed or corrected after the date of substantial Completion and prior to final payment shall
become effective on the later of the date the work is completed or corrected and accepted by
the Owner and Architect or the date of final payment.
3.6 Delete Section 3.6 in its entirety and replace with following:
The Contractor will not include in the Contract Price or any Modification any amount for sales,
use, or similar taxes for which (1) a Texas independent school district is exempt, and (2) the
Owner has provided the Contractor with a tax exemption certificate or other documentation
necessary to establish the Owner=s exemption from such taxes.
3.7.1 Add the following to the end of Section 3.7.1:
The Owner shall pay fees for public or private water, gas, electrical, and other utility extensions
at the site. The Contractor shall secure and arrange for all necessary utility connections.
3.7.2 Delete Section 3.7.2 in its entirety and replace with the following:
In performing its obligations hereunder, the Contractor shall comply fully with all applicable
laws, ordinances, rules, regulations, lawful orders and decrees of all applicable authorities, and
when requested shall furnish evidence satisfactory to the Owner of such compliance.
3.7.3 Add the following at the end of Section 3.7.3:
The Contractor agrees to indemnify, defend and hold harmless the Owner, its trustees, officers,
representatives, agents and employees from and against all claims, fines, penalties, or liabilities
from, arising out of such work, or based upon the actual or asserted violation of any laws,
ordinances, rules, regulations, orders or decrees applicable to such work.
3.7.4 Delete Section 3.7.4 and replace with the following:
Claims for Concealed or Unknown Conditions. Contractor acknowledges that there may
exist at the Project Site certain soil and geological conditions and/or surface physical conditions
which are not disclosed in the Contract Documents, and which have been known to or may be
reasonably anticipated to occur in the area or be related to any past use of the Project Site,
including, without limitation, the presence of rock and its hardness, geologic formations,
differing soils, and surface structures, equipment or other impediments, either natural or manmade
(collectively, “surface Conditions”). Owner makes no representations or warranties
regarding surface Conditions at the Project Site or of the accuracy or continuity of conditions
which may be noted in any reports furnished or made available to Contractor. Contractor
covenants and agrees that any such reports are furnished or made available by Owner to
Contractor for information purposes only, and Contractor acknowledges that Owner is not
responsible for the content thereof. Contractor shall be responsible for inspecting the site and
determining the existence or likelihood of any surface Conditions which may affect the Contract
Time or the Contract sum, or both. The Contract Time and the Contract Sum bid by Contractor
shall be deemed to include all costs of and time to complete all work associated with or
attributable to surface Conditions, and Contractor shall not be entitled to submit a claim for or to
obtain an extension of the Contract Time or increase in the Contract Sum due to the existence
Request for Proposals – CMAR Page 37 of 68 Rev 01/22/09
San Angelo – Holiman Elementary