SOUTHSIDE INDEPENDENT SCHOOL DISTRICT - San Angelo ISD

9.8.3 Add new Clause 9.8.3.1 and 9.8.3.2 to Section 9.8.3 as follows:
.1 If, in Architect's opinion during the inspection, the Project or the designated portion thereof
which Owner has agreed to accept separately is not sufficiently complete to warrant
inspection, or if the list of items to be completed or corrected is not sufficiently complete to
warrant inspection, then Architect may terminate the inspection and notify the Contractor
that the Project is not ready for inspection. If for such reasons, Architect is required to make
additional inspections, the Owner may deduct the cost of Architect's additional services
made necessary thereby from any payments due the Contractor. The Architect’s
compensation shall be determined in accordance with the applicable provisions of the
Owner-Architect Agreement.
.2 Except with the consent of the Owner, the Architect will perform no more than ONE (1)
inspection to determine whether the Work has attained substantial Completion in
accordance with the Contract Documents. The Owner shall be entitled to deduct from the
Contract Sum amounts paid to the Architect, Engineer, Consultant or service provider for
any additional inspections.
9.8.4 Delete AArchitect@ in Section 9.8.4 and replace with AArchitect and Owner.@
9.8.5 Delete the second and third sentences of Section 9.8.5 in their entirety.
9.8.6 Add new Section 9.8.6 as follows:
Retainage is not due to the contractor until thirty (30) days after Final Completion of the Work
as set out in Section 9.10. After the Certificate of Substantial Completion is accepted by the
Owner, the Owner may, in its sole discretion and upon acceptance and consent of surety, make
payment of retainage on all or a part of the Work accepted.
9.9.3 Delete Section 9.9.3 in its entirety and replace with the following:
Unless expressly agreed upon in writing, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.10.1 Delete Section 9.10.1 in its entirety and replace with the following:
When all of the Work is finally completed and the Contractor is ready for a final inspection it
shall notify the Owner and the Architect thereof in writing. Thereupon, the Architect and Owner
will make final inspection of the Work and, if the Work is complete in full accordance with this
Contract and this Contract has been fully performed, the Architect will promptly issue a final
Certificate for Payment certifying to the Owner that the Project is complete and the Contractor
is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to
this Contract. Except with the consent of the Owner, the Architect will perform no more than
one (1) inspection to determine whether the Work has attained Final Completion in accordance
with the Contract Documents. If the Architect is unable to issue its final Certificate for Payment
and is required to repeat its final inspection of the Work, the Contractor shall bear the cost of
such repeat final inspection(s) which cost may be deducted by the Owner from the
Contractor=s final payment.
9.10.2 Delete the Section 9.10.2 in its entirety and replace with the following:
The Contractor shall not be entitled to final payment unless and until it submits to the Architect
its affidavit that the payrolls, invoices for materials and equipment, and other liabilities
connected with the Work for which the Owner, or the Owner=s property, might be responsible
have been fully paid or otherwise satisfied; releases and waivers of liens from all contractors of
the Contractor and of any and all other parties required by the Architect or the Owner; such
other provisions as Owner may request; and consent of Surety to final payment. If any third
party fails or refuses to provide a release of claims or waiver of lien as required by Owner, the
Contractor shall furnish a bond satisfactory to the Owner to discharge any such lien or
indemnify the Owner from liability.
Request for Proposals – CMAR Page 47 of 68 Rev 01/22/09
San Angelo – Holiman Elementary