General_Provisions_-_North_Grove_Park.pdf

North Grove Park

CITY OF WAXAHACHIE, TEXAS

SPECIAL PROVISIONS

TO THE

NORTH CENTRAL TEXAS STANDARD SPECIFICATIONS

FOR PUBLIC WORKS CONSTRUCTION

GENERAL PROVISIONS

(Current for the 4th Edition, dated October 2004, with Latest Amendments)

PART 1: GENERAL PROVISIONS - DIVISION 1, CITY CONSTRUCTION CONTRACTS

The General Provisions of the North Central Texas Standard Specifications are the General Provisions for this contract and shall be modified and clarified by the addition to the following requirements to the various items.

Except when specifically stated, none of the requirements of the General Provisions shall be deleted. Item numbers with a plus (+) sign indicates items added to the Standard Specifications. Where NCTCOG Specifications are updated or item numbers between these Special Provisions and the NCTCOG General Provisions do not agree, the title or intent of the subject heading shall control.

ITEM 102.11 REJECTION OF PROPOSALS

Change the second sentence of Item 102.11 to read: "Proposal may be rejected for any of the following specific reasons, but not necessarily limited thereto:"

ITEM 102.12 DISQUALIFICATION OF BIDDERS

Change the first sentence of Item 102.12 to read, "Bidders may be disqualified and their proposal not considered for any of the following specific reasons, but not necessarily limited thereto:"

ITEM 103.2 AWARD OF CONTRACT

Substitute the following:

The Owner intends to issue a purchase order for this project within sixty (60) days after the date of opening bids on the basis of the lowest acceptable bid submitted by a qualified bidder, as determined by the Owner. The Contractor or Contractors shall complete execution of the required Bonds and Contract within ten (10) days of such notice.

Within five (5) working days after the bid opening, the low bidder shall submit such evidence as the Owner may require establishing the bidder's qualifications to satisfactorily perform the work included in this project. The minimum information required shall include but may not be limited to the following:

(1) Current Financial Statement, Balance Sheet, and Income Statement.

(2) List of projects that have been satisfactorily completed by the Bidder that are of the same general type as included in this contract, together with names, addresses and phone numbers or persons familiar with this work.

(3) Other information that may be pertinent to the Bidder's Qualifications.

Should the bidder fail to produce evidence satisfactory to the Owner on any of the foregoing points he may be disqualified and the work awarded to the next bidder so qualifying.

ITEM 103.4.5.3 POLICY ENDORSEMENTS AND SPECIAL CONDITIONS

Add the following:

(5) "Should any person sustain bodily injury or property damage within the limits of this project, the Contractor or his insurance agent shall investigate and report immediately his findings in writing to the Owner. The Owner, in his sole discretion, may elect at any time to file for coverage directly under the Owner's and Contractor's Protective Liability Policy."

ITEM 103.6 NOTICE TO PROCEED AND COMMENCEMENT OF WORK

Change the second and third sentences of 103.6 to read: “The Owner will notify the successful bidder, in writing, within thirty (30) days after the date of opening bids, of the acceptance of the proposal. The Contractor or Contractors shall complete execution of the required Bonds and Contract within ten (10) days of such notice.”

ITEM 105.3 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

Delete this section in its entirety and substitute therefore Section SC.41 - SHOP DRAWINGS & ENGINEERING DATA in the Special Conditions.

ITEM 105.4 CONSTRUCTION STAKES

Delete in its entirety and substitute therefore the following:

The City of Waxahachie will furnish and set control points for this project as shown on the plans. Establishment of the aforementioned control points by the Owner shall in no way release the Contractor of the responsibility for checking to ensure that the work is constructed to the lines and grades as shown on the plans.

The control points set by the City of Waxahachie will be set sufficiently in advance of the work to avoid delays. The Contractor will be held responsible for the preservation of all control points, and if, in the opinion of the City of Waxahachie, any of the control points have been carelessly or willfully disturbed by the Contractor, the cost of replacing them will be charged against him and deducted from the payment for the work.

The Contractor shall furnish and set additional stakes and other materials and templates necessary for making and maintaining points and lines, including layout stakes, line and grade stakes for grading, paving, culverts, bridges, structures and appurtenances.

The City of Waxahachie will perform such checking of the Contractor's stakes as considered necessary by the City of Waxahachie. Such checking by the City of Waxahachie will in no way release the Contractor of his responsibility for the correctness of the stakes or the responsibility for checking to insure that the work is constructed to the lines and grades as shown on the plans.

ITEM 106.5+ WATER FOR CONSTRUCTION

The Contractor shall make the necessary arrangements for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing or flushing. The City of Waxahachie shall provide water as required at the expense of the City, unless the proposed facility fails pressure tests.

Any party requesting the use of a temporary meter on a fire hydrant in the City of Waxahachie shall execute an agreement with the City of Waxahachie and shall deposit with the City of Waxahachie the amount required by ordinance. Such deposit shall be returned upon payment of all charges for water use, and upon return of the meter, fittings, and wrench in their original condition.

Stationary meters shall be locked to fire hydrants at all times. Installation, set up and service fees shall be in the amounts established by ordinance.

It shall be unlawful for any person to open or close any fire hydrant used to obtain water for any purpose with any tool or device other than a standard accepted fire hydrant wrench, which can be supplied by the City of Waxahachie.

All stationary fire hydrant meters shall be read monthly at their location in the field. All mobile fire hydrant meters are to be brought to the Waxahachie Utility Meter Department, Waxahachie, Texas, between the 1st and 10th of each month to be read.

Representatives of the Waxahachie Utility Meter Department shall read temporary fire hydrant meters monthly, and bills rendered at the current rates for all consumption. Customers using such meters shall comply with the written procedures implemented by the Director of Public Works with regard to making the meters available to be read by representatives of the Waxahachie Water Department. It shall be unlawful for any person to fail to make such meter available to be read by representatives of the Waxahachie Utility Meter Department, as required by written procedures issued by the Director of Public Works.

Upon conviction of violation of the above requirements punishment shall be by fine not to exceed Two Hundred Dollars ($200.00). Each day on which a violation exists shall constitute a separate offense.

ITEM 107.2 INDEMNIFICATION

Delete Item 107.2 in its entirety and substitute therefore the following:

The Contractor and his sureties shall indemnify, defend and save harmless the OWNER and all of its officers, agents and employees, ENGINEER and all of its officers and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries, including death or damages received or sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act, omission or fault of the Contractor, his agents, employees or subcontractors in the execution of said contract; or on account of the failure of the Contractor to provide the necessary safety devices; and shall be required to pay any judgment, with cost, which may be obtained against the Owner or Engineer growing out of such injury, including death or damage.

ITEM 107.14 STATE AND LOCAL SALES AND USE TAXES

Delete in its entirety and substitute therefore the following:

Recent legislation has removed the sales tax exemption previously provided by Section

151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty.

It is still possible, however, for a contractor to make tax-free purchases of tangible personal property, which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one, which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials, which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the City for those materials. (This procedure may not be used, however, for materials, which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project.)

Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials, which are to be incorporated into the project. Bid items that contain non-taxable materials are identified in the Bid Schedule for this project. The successful bidder will be required to complete a Contract Form provided by the Owner identifying and separating non-taxable materials from the labor and taxable materials that are not incorporated into the finished project. The completed contract form will be used to develop the "separated contract" and will determine the extent of the tax exemption.

ITEM 108.2 PROSECUTION OF THE WORK

Add the following to the end of the first paragraph: "regardless of the expected completion date set forth in the Contract Documents."

Delete the third paragraph in its entirety.

ITEM 108.14+ ANTITRUST

The Contractor hereby assigns to the Owner any and all claims for over-charges associated with this contract which arise under the Antitrust Laws of the United States, 15 U.S.C.A.

Section 1, et seq, (1973).

In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel;

and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this contract on behalf of the company verifies by its signature on this Contract that the company does not boycott Israel and will not boycott Israel during the term of this contract.