SOUTHSIDE INDEPENDENT SCHOOL DISTRICT - San Angelo ISD

8.3.3 Delete Section 8.3.3 in its entirety and replace with following:
This Agreement does not permit the recovery of damages by the Contractor for delay,
disruption or acceleration. Contractor agrees that Contractor shall be fully compensated for all
delays solely by an extension of time.
9.1 Add the following at the end of Section 9.1:
All costs of overtime work required by the Contract Time and the nature of the Work, as set
forth in or inferable from the Contract Documents, except costs of emergencies covered in
Section 10.4, shall be and are included in the Contract. Further, in the event that the Project is
a Construction Manager at Risk Project, then any use of the term “Contract Sum” in the
contract documents shall be interpreted to mean “Guaranteed Maximum Price.”.
9.3.1 Delete the following from Section 9.3.1:
“if provided for in the Contract Documents” at the end of this Section.
9.3.1 Add the following at the end of Section 9.3.1:
The form of Application for Payment, duly notarized, shall be a current authorized edition of AIA
Document G702, Application and Certificate for Payment, supported by a current authorized
edition of AIA Document G703, Continuation Sheet.
9.3.1.1 Section 9.3.1.1 shall be replaced in its entirety with the following language:
Contractor agrees that, for purposes of Texas Government Code Section 2251.042, receipt of
the Application for Payment by the Architect shall not be construed as receipt of an invoice by
the Owner. Contractor further agrees that Owner’s receipt of the Architect’s Certificate for
Payment shall be construed as a receipt of an invoice by the Owner, for purposes of Texas
Government Code section 2251.042.
9.3.1.3 Add new Section 9.3.1.3 as follows:
Until Final Completion of the Work, the Owner shall withhold retainage as provided in the
Contract Documents, except that Owner shall not pay amounts for which the Architect refuses
to certify payment, or the Owner refuses to pay, as provided herein.
9.3.2 Delete Section 9.3.2 in its entirety and replace with the following:
Except as otherwise agreed in writing, executed by the Owner and Contractor prior to delivery
of material and equipment, the Contractor is not entitled to payment for material and equipment
delivered and stored on site or off site. The Owner may, in the Owner's sole discretion, agree to
make payment for materials stored on site or off site and may, as a condition precedent to the
grant of such consent, establish reasonable procedures and requirements (including provision
of additional insurance at Contractor’s sole expense) with which Contractor must comply.
9.3.3 Add the following new sentence at the end of Section 9.3.3:
CONTRACTOR SHALL INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY LIENS,
CLAIMS, SECURITY INTEREST OR ENCUMBRANCES FILED BY THE CONTRACTOR,
CONTRACTORS, OR ANYONE CLAIMING BY, THROUGH OR UNDER THE CONTRACTOR
OR CONTRACTOR FOR ITEMS COVERED BY PAYMENTS MADE BY THE OWNER TO
CONTRACTOR.
9.3.4 Add new Section 9.3.4 as follows:
In each Request for Payment, Contractor shall certify that there are no known mechanics= or
materialmens= liens outstanding at the date of this requisition, that all due and payable bills
with respect to the Work have been paid to date or are included in the amount requested in the
current application and that except for such bills not paid but so included, there is no known
basis for the filling of any mechanics= or materialmens= liens on the Work, and that releases
from all contractors and materialmen have been obtained in such form as to constitute an
effective release of lien under the laws of the State of Texas covering all Work theretofore
performed and for which payment has been made by Owner to Contractor.
Request for Proposals – CMAR Page 45 of 68 Rev 01/22/09
San Angelo – Holiman Elementary