11 - Contract with Bernal for 645 Johnso Woods Channel Bank Stablization Project

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SC 6.10 Delete paragraph 6.10 in its entirety and insert the following in its place: The OWNER qualifies for exemption from State and Local Sales Tax pursuant to the provisions of Title 34, Part 1, Chapter 3, Subchapter O, Rule 3.322(c) Texas Administrative Code. The CONTRACTOR may determine the extent of exemption and proper method for claiming same by contacting the office of the Texas Comptroller of Public Accounts at 1-800-252-5555. SC 6.13 Construction Safety The following language is added at the end of Section 6.13: In order to provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, and supplies; and for the performance of this Contract; the CONTRACTOR will comply with all pertinent provisions of the "Occupational Safety and Health Act of 1970" (84 Stat. 1590; 29 USC. 650 et seq.), with special attention given to "Part 1926 — Safety and Health Regulations for Construction, Subpart P - Excavations", found in 36 F.R. Number 75, Part II of the "Federal Register" dated April 17, 1971, and 36 F.R. 25232, December 30, 1971, and 54 F.R. No. 45959 dated October 31, 1989, and to CFR 1910 146 pertaining to work in confined spaces. The CONTRACTOR will maintain an accurate record of, and will report to the OWNER, exposure data and all accidents resulting in death, traumatic injury, occupational disease, and/or damage to property, materials, supplies and equipment incident to work performed under this Contract. The OWNER may notify the CONTRACTOR of any non-compliance with the foregoing provisions. The CONTRACTOR shall, after receipt of such notice, immediately correct the conditions. Such notice, when delivered to the CONTRACTOR or his representative at the site of the work, shall be deemed sufficient for the purpose. The CONTRACTOR shall indemnify and save harmless the OWNER and the ENGINEER from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this Contract. Compliance with these safety provisions by subcontractors will be the responsibility of the CONTRACTOR. These drawings and specifications do not, except to the extent necessary to comply with HB 1569 of the 1989 Texas Legislature (relating to trench excavation), include necessary provisions for construction safety. It is the CONTRACTOR'S sole responsibility to see that all government safety standards are complied with, and that the site of the work is safe. The OWNER may exercise his rights outlined above, but failure of the OWNER to exercise these rights shall not relieve the CONTRACTOR of responsibility, nor shall it make the OWNER or the ENGINEER, in any way liable. A bid item has been included on the bid schedule for Trench Protection Requirements, if the ENGINEER feels that there will be any trench excavation greater than 5 feet in depth. Protection of trenches less than 5 feet in depth will be considered an incidental item of work. The bid item is intended to compensate for excavation protection requirements on trenches, as well as structures such as lift stations, manholes, bore pits, and similar non -pipeline excavations in excess of five feet deep. The OWNER has no special shoring requirements beyond those of state and federal law and regulations. City of Paris, Texas 00 73 00 Page 6 of 8 Supplemental Conditions 9/10/2020