SOUTHSIDE INDEPENDENT SCHOOL DISTRICT - San Angelo ISD

.3 Add: “other buildings, fencing,” before “trees”.
.3 Add: “athletic fields, facilities and tracks,” after “walks”.
10.2.3 Add the following to Section 10.2.3:
At the end of existing Section, add: “The Contractor shall also be responsible, at the
Contractor’s sole cost and expense, for all measures necessary to protect any property
adjacent to the Project and improvements therein. Any damage to such property or
improvements shall be promptly repaired by the Contractor. Contractor shall provide
reasonable fall protection safeguards and provide approved fall protection safety equipment for
use by all exposed Contractor employees.”
10.2.4 Revise Section 10.2.4 as follows:
Delete “explosive or other” in the first sentence.
At the end of the existing Section, delete the period and add: “, and shall only conduct such
activities after giving reasonable advance written notice of the presence or use of such
materials, equipment or methods to Owner and Architect. The storage of explosives on
Owner’s property is prohibited. The use of explosive materials on Owner’s property is
prohibited unless expressly approved in advance in writing by Owner and Architect.”
10.2.5 Delete Section 10.2.5 in its entirety and replace with the following:
CONTRACTOR SHALL BE RESPONSIBLE FOR AND SHALL HOLD OWNER FREE AND
HARMLESS FROM LIABILITY RESULTING FROM LOSS OF OR DAMAGE TO ANY
PROPERTY THAT IS ON OR OFF THE SITE AND/OR IN TRANSIT AS REFERRED TO IN
CLAUSE 10.2.1.2 EVEN IF SUCH LOSS OR DAMAGE RESULTS FROM OWNER,
OWNER'S CONSULTANT'S, OR ARCHITECT'S NEGLIGENCE. AS TO PROPERTY
REFERRED TO IN CLAUSE 10.2.1.3, CONTRACTOR SHALL HOLD OWNER FREE AND
HARMLESS FROM LIABILITY RESULTING FROM LOSS OF OR DAMAGE CAUSED IN
WHOLE OR IN PART BY THE CONTRACTOR, ANY CONTRACTOR, ANYONE DIRECTLY
OR INDIRECTLY EMPLOYED BY ANY OF THEM, ANYONE FOR WHOSE ACTS ANY OF
THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE IS
CAUSED IN PART BY THE NEGLIGENT ACTS OR OMISSIONS OF THE OWNER,
OWNER=S CONSULTANTS OR ARCHITECT. THE FOREGOING OBLIGATIONS OF THE
CONTRACTOR ARE IN ADDITION TO HIS OBLIGATIONS UNDER SECTION 3.18;
PROVIDED THAT WHERE THE NEGLIGENCE OF OWNER OR ARCHITECT IS A
CONCURRING CAUSE, CONTRACTOR'S OBLIGATION TO INDEMNIFY IS LIMITED TO
THE AMOUNT NECESSARY TO CAUSE THE RELATIVE LIABILITY OF OWNER,
ARCHITECT AND CONTRACTOR TO REFLECT THE COMPARATIVE NEGLIGENCE
FINDINGS OF THE TRIER OF FACT (JUDGE OR JURY) OR AS AGREED IN A
SETTLEMENT AGREEMENT TO WHICH OWNER, ARCHITECT AND CONTRACTOR ARE
ALL PARTIES.
10.2.8 Revise Section 10.2.8 as follows:
Delete reference to Atwenty-one (21) days@ and replace with Athree (3) days.@ Add at the end
of the existing Section the following language “Provided, however Contractor understands that,
under Texas law, Owner has tort immunity.”
10.3.3 Delete the word Asole@ in the last line of the first sentence.
10.3.3 Add the following to the end of Section 10.3.3:
Notwithstanding anything to the contrary contained in this Section 10.3.3, the agreement of the
Owner to indemnify, defend and hold harmless the parties described in this Section shall not
extend or apply to claims, damages, losses, expenses or liabilities related to, created or caused
in whole or in part by a party indemnified hereunder; it being agreed and understood that the
Owner and any party so indemnified shall each bear liability for its own negligent acts or
Request for Proposals – CMAR Page 49 of 68 Rev 01/22/09
San Angelo – Holiman Elementary