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

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The CONTRACTOR hereby warrants and assures the ENGINEER and the OWNER that he will comply fully with the requirements of Subpart P, Part 1926, Safety and Health Regulations, as applicable to this CONTRACT and further agrees to, and will, indemnify and hold the ENGINEER and the OWNER entirely harmless of and from any and all claims, demands, causes of action, or expense of any kind or nature whatsoever arising out of or in any way related to the failure of the CONTRACTOR or any other subcontractor to comply strictly with said requirements. SC 13.03 Add the following language to section 13.03 of the General Conditions: Re -Testing Regardless of whether the OWNER is providing testing or the CONTRACTOR is providing testing, in the event that initial tests of the material or workmanship indicate that it does not meet the specifications, the CONTRACTOR shall bear all costs of retesting said materials or workmanship. AFI Add the following paragraph to section 13.07 of the General Conditions: The ENGINEER and OWNER shall make a warranty inspection during the twelfth month of the 12 - month warranty period, and will notify CONTRACTOR of any defective work. Further, in the event the CONTRACTOR'S performance and payment bonds are to expire prior to the time the reported defects can be corrected, then said bonds shall automatically be extended, without any action or notice from the OWNER or his agents, until such time as the project defects are corrected. SC 14.07 Add a new paragraph to section 14.07 of the General Conditions to read as follows The CONTRACTOR shall deliver to the OWNER a fully executed original copy of "Contractor's Affidavit of Final Payment and Release" form, "Release by Subcontractors and Suppliers" form(s), and "Consent of Surety to Final Payment" form, included herein. SC 17.06 Limitation of Liability Add the following paragraph following section 17.05 of the General Conditions: The CONTRACTOR is skilled and experienced in the use and interpretation of drawings and specifications such as those included in the bid documents for this contract. He has carefully reviewed the drawings and specifications and has found them free of ambiguities and sufficient for bid purposes. Further, he has based his bid solely on those documents not relying in any way on any explanation or interpretation, oral or written, from any other source. Having assured himself of the adequacy of the documents and the accuracy of his bid, the CONTRACTOR agrees (and shall require his subcontractors to agree) to limit the liability of the Design Professional and the OWNER for professional negligence, errors or omissions of the Design Professional to a total aggregate sum of $100,000 or Design Professional's total fee for services rendered on this project, whichever is greater. The CONTRACTOR does not assume any liability for damages to others caused by the professional negligence, errors or omissions of the Design Professional. City of Paris, Texas 00 73 00 -- Page 7 of 8 Supplemental Conditions 9/10/2020