CONTRACT & BID DOCUMENTS

FOR

EMERGENCY WATERSHED PROTECTION

STREAM CLEARING & SNAGGING

Project No. 25-10-707

Prepared by:

ENGINEERING DEPARTMENT

CITY OF VALDOSTA

September 2025

Bid Opening Date: 10/23/2025 – 10:00am

Environmental Watershed Protection Stream Clearing & Snagging Project No.: 25-10-707

Bid Package Table of Contents – Rev.#1

Cover Page Table of Contents

Invitation for Bids Proposal Form Non-Collusive Affidavit Georgia Security and Immigration Affidavit

Instructions to Bidders Contract Agreement Form General Provisions Special Provisions Opinion of Attorney Form Public General As-Built Forms and Samples Contractor’s Statutory Affidavit Form Title VI Assurances Form

Bid Bond Sample Payment Bond Sample Performance Bond Sample Addendum Form (blank) Notice or Award Form (blank) Notice to Proceed Form (blank) Change Order Form (blank)

Construction Plans – Emergency Watershed Protection Stream Clearing and

Snagging by Innovate! Engineering & Surveying dated 09/30/2025 Georgia Design and Construction Process Debris Removal –guidelines

Incorporated by reference:

GDOT Standard Specifications Construction of Transportation Systems 2021

INVITATION FOR BID

FOR

ENVIRONMENTAL WATERSHED PROTECTION - STREAM CLEARING & SNAGGING

Project No. 25-10-707

Valdosta, Georgia (Revised 10/13/2025)

Sealed bids will be received by the City of Valdosta at the office of the City Engineer, City Hall Annex Building, 300 N. Lee Street, Valdosta, Georgia, until 10:00 AM, Local Time, on Thursday, October 23, 2025 for cleaning trees and debris from approximately 8,820 feet of natural streams including related work.

On three natural streams (Sugar Creek, Twomile Branch, Threemile Branch) within the City of Valdosta, remove fallen trees, leaning trees, downed and snagged material from the stream channel and within 25' beyond the top of both stream banks. Specific locations are:

A) Sugar Creek (AKA Hightower Creek), approximately 2160 linear feet, beginning at St Augustine Road and continuing downstream and ending at the stream junction with Onemile Branch (near the northern end of Wildes Circle).

B) Twomile Branch, approximately 3330 linear feet, beginning at N Patterson Street and continuing downstream, crossing N Oak Street, and ending at Berkley Drive.

C) Threemile Branch, approximately 3330 linear feet, beginning at Briggs Street and continuing downstream, crossing Country Club Drive, and ending at the City Limits (approximately 1000’ west of the western end of Williamsburg Drive)

Specifications, Bidding and Contract Documents can be found on the City of Valdosta website http://www.valdostacity.com/bid-opportunities . This will be a Unit Price Contract, and payments will be made on a monthly basis with payment to be based on actual quantities of work measured. The list of items shown in the Unit Price Schedule is inclusive of all the work shown and described. The contract completion date is January 16, 2026. For more information contact Charlie Clark, Engineering Project Manager, at (229) 259-3530.

No bid may be withdrawn for a period of thirty (30) days after the scheduled time for receiving the bids. Bids must be accompanied by a signed and notarized non collusive affidavit as well as a signed and notarized Georgia Security & Immigration Compliance affidavit. Bids must be accompanied by a certified check or bid bond in an amount of not less than five (5) percent of the amount bid. A Contract Performance Bond and Payment Bond equal to one hundred (100) percent of the contract price will be required. If bid price is $25,000.00 or less no bonds are required.

A mandatory Pre-Bid meeting will be held on Tuesday, October 7, 2025 at 10:00 AM at the Engineering Department office, 300 N. Lee Street, Valdosta, Georgia. No one will be allowed to sign in after 10:00 AM.

The successful bidder, being responsible as well as responsive, shall commence work with an adequate force and equipment on a date specified in a written order of the City Engineer and complete the work within the time specified under the Special Conditions section of these specifications.

The City of Valdosta reserves the right to reject any or all bids, to waive informalities and to readvertise.

The City of Valdosta is an equal opportunity employer.

CITY OF VALDOSTA, GEORGIA

Engineering Department http://www.valdostacity.com/bid-opportunities

City of Valdosta Proposal Cover Page

PROPOSAL

TO: City of Valdosta, Lowndes County, Georgia

All interested parties:

In compliance with the advertisement for bids, the undersigned, hereinafter called the Bidder, proposes to enter into a contract with the City of Valdosta to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all necessary labor to complete the construction of the work stipulated herein in full, and in complete accord with the shown, noted, described, specified and reasonably intended requirements of the Specifications, Drawings, and Contract Documents to the full and entire satisfaction of the Owner.

The Bidder has carefully examined and fully understands the contract, plans, specifications and other documents hereto attached and has made a personal examination of the site of the proposed work and hereby agrees that if his proposal is accepted, the Bidder will contract with the City of Valdosta in compliance with the specifications.

The Bidder acknowledges that each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item; the Bidder acknowledges that the estimated quantities are not guaranteed, and are for the purpose of comparison of Bids; and the Bidder acknowledges that final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

Bidder will perform the following Work at the indicated unit prices:

The rest of this page intentionally left blank.

See next page for unit cost schedule.

ENVIRONMENTAL WATERSHED PROTECTION - STREAM CLEARING & SNAGGING Issued 09/24/2025

CITY OF VALDOSTA, GEORGIA CONTRACT # 25-10-707

UNIT COST SCHEDULE - BID FORM

Item No. ITEM DESCRIPTION QUAN. UNIT UNIT COST TOTAL COST

101 Mobilization / Traffic Control /Demobilization 1 LS $ $

Sugar Creek - Stream Cleaning and Snagging including: obtaining right-of-entry, labor and equipment, tree and debris clearing, debris removal and disposal off-site, mats, streambank replanting and restoration, and related work in accordance with construction plans

2,157 LF $ $

Twomile Branch - Stream Cleaning and Snagging including: obtaining right-of-entry, labor and equipment, tree and debris clearing, debris removal and disposal off-site, mats, streambank replanting and restoration, and related work in accordance with construction plans

3332 LF $ $

Threemile Branch - Stream Cleaning and Snagging including: obtaining right-of-entry, labor and equipment, tree and debris clearing, debris removal and disposal off-site, mats, streambank replanting and restoration, and related work in accordance with construction plans

3328 LF $ $

1001 New Concrete, slab on grade, 3000 psi 20 CY $ $

1002 Ds-3, PERMANENT GRASSING, MULCH AND SEED 1.00 AC $ $

1003 Ds-4, SOD 2000 SY $ $

1004 Sd1-NS, SEDIMENT BARRIER, SILT FENCING, NON-SENSITIVE 1000 LF $ $

1005 Sd1-S, SEDIMENT BARRIER, SILT FENCING, SENSITIVE 1000 LF $ $

1006 Sd2-P, INLET SEDIMENT TRAP, CURB INLET FILTER 1000 EA $ $

1007 Ss, SLOPE STABILIZATION 2000 SY $ $

1008 St, STORM DRAIN OUTLET PROTECTION (dumped stone riprap) 50 TON $ $

$TOTAL =

ALTERNATE BID ITEMS (these items are for work beyond the stream and streambank, are only for use in obtaining right-of-entry across private property, and are used only at direction and approval of Owner)

Section One Subtotal =

Section Two (Alternate Items) Subtotal =

City of Valdosta Proposal Page 6

In case of discrepancies between figures in the unit prices and the total, the unit price shall apply.

It is understood and agreed that the quantities listed in this proposal are approximate only and are intended principally to serve as a guide in comparing bids and may be increased without invalidating the unit costs.

The undersigned, as Bidder, hereby declares that the only person, company, or parties interested in this proposal or the contract to be entered into as principles, are named herein; and this proposal is made without connections with any other person, company, or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud.

Failure to properly acknowledge any Addendum shall result in a declaration of non-responsiveness and disqualify the bid.

Receipt of the following addenda is acknowledged:

Addenda Number Date

__ONE (1)_______ 10/13/2025

The full names and addresses of persons or parties interested in the foregoing bid as principles are as follows:

Company & Address:

Date: ____________________________

Signature

Signature

Registered Utility Contractors License Number: ____________________________

END OF SECTION

NON-COLLUSIVE AFFIDAVIT

STATE OF ____________________________

COUNTY OF ____________________________

______________________________, being first duly sworn, deposes and says that he or she is a

(print name)

_________________________________ of ___________________________________________

(Owner, Officer, Agent, etc.) (Name of Business) who is making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement, collusion, communication or conference with any person, to fix the bid price of affiliate or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against or any person interested in the proposed Contract; and that all statements in said proposal or bid are true.

Signature of Bidder

Title

Subscribed and sworn to before me this ______day of ___________________ 20____

Signed by: _____________________________________

Notary Public (seal)

Print Name: _____________________________ My Commission expires: _________________

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

Contract No. and Name:

Contractor’s Name:

City of Valdosta Georgia Contractor Affidavit

By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. §13- 10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Valdosta, Georgia has registered with and is participating in a federal work authorization program*, in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Valdosta, Georgia, the Contractor will secure from subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Valdosta Georgia at the time the subcontractor(s) is retained to perform such service.

EEV / E-Verify TM User Identification Number Date of Authorization

BY: Authorized Officer or Agent Date (Contractor Name)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

____DAY OF _______________, 20____

_______________________________ [NOTARY SEAL]

Notary Public

My Commission Expires:______________

*any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United Sates Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Contract Act of 1986 (IRCA), P. L. 99-603

City of Valdosta Instruction To Bidders Page 1 of 4

INSTRUCTION TO BIDDERS

GENERAL:

Bidders are required to examine the Drawings and Specifications and other Contract Documents carefully and to make such examinations of the site of the proposed work as are necessary to familiarize themselves with the nature and extent of the work to be done and with all local conditions which may affect the proposed construction. Bidders are also required to inform themselves fully in regard to construction and labor conditions under which the work will be performed. The Owner will not be responsible for Bidders errors or misjudgment, nor for any information on local conditions or general laws and regulations.

Insofar as practicable the contractor will be required to so schedule his operations and employ such methods of carrying out the work that he will not cause any interruptions of, or interfere with the use of, any existing premises and shall bear the expense of repair or any other cost incurred.

Scheduling of the construction shall be done with the approval of the Engineer.

LOCATION AND SITE:

The site of the proposed work is in the City of Valdosta, Valdosta, Georgia. Specific locations are:

A) Sugar Creek, approximately 2160 linear feet, beginning at St Augustine Road and continuing downstream and ending at the stream junction with Onemile Branch (near the northern end of Wildes Circle).

B) Twomile Branch, approximately 3330 linear feet, beginning at N Patterson Street and continuing downstream, crossing N Oak Street, and ending at Berkley Drive.

C) Threemile Branch, approximately 3330 linear feet, beginning at Briggs Street and continuing downstream, crossing Country Club Drive, and ending at the City Limits (approximately 1000’ west of the western end of Williamsburg Drive)

The contractor shall, before submitting his bid, visit the site and acquaint himself with existing conditions.

PRE-BID CONFERENCE:

All parties associated with or interested in this project are welcomed to participate. A Conference Sign-In Sheet will be kept by the City to verify the parties’ participation.

MAKING BIDS:

All bids must be submitted on Proposal forms attached hereto. No price changes shown on the envelope will be acknowledged. All proposals must be signed in ink by the person, or persons authorized to sign same, Bidders shall bid on all items of the proposal.

SUBMITTING BIDS:

Each bid must be submitted in a sealed envelope, bearing on the outside the name of the Bidder, his or their address, and addressed to the City Engineer, City of Valdosta, City

City of Valdosta Instruction To Bidders Page 2 of 4

Hall, Valdosta, Georgia and plainly marked as defined by the State of Georgia Licensing Board.

BID MODIFICATIONS:

Bid modifications are not allowed. Complete withdrawal or complete exchange of bid is acceptable, if done before scheduled bid opening.

AUTHORITY TO SIGN:

If a proposal is made by an individual, his name and post office address must be shown.

If made by a firm, or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a Corporation, the person or persons signing the Proposal must show the name of the State under the laws of which the Corporation is chartered and his, or their authority for signing same; and the names, titles and addresses of the President, Secretary and Treasurer, and the Corporate authority for doing business in this State.

RIGHTS RESERVED:

The Owner reserves the right to reject any or all bids. It is understood and all bids are made subject to this agreement, that the Owner reserves the right to decide which bid is deemed the lowest and best, and in arriving at this decision, due consideration will be given to the Bidder, his financial responsibility, and work of this type successfully completed.

Any unauthorized conditions, limitations or provision attached to the Proposal will render it informal, and may cause its rejection. The Owner reserves the right to waive informalities.

No bids received after the time set for opening Proposals will be considered. No bids may be withdrawn after the bid opening.

PRICES BID:

The price bid shall include furnishing all equipment, tools, materials, skill, and labor of every description necessary to carry out and complete in good, firm, substantial and workmanlike manner the work specified in strict conformity with the drawings or direction of the Engineer.

CORRELATION AND INTENT OF DOCUMENTS:

The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all.

The intent of the documents is that the Contractor will furnish all labor and equipment, materials, accessories, fittings, transportation, tools and appurtenances, such as may be reasonably required under the terms of the Contract to make such items of work complete.

The drawings are intended to conform and agree with the specifications; if however, discrepancies occur, the Engineers will decide which shall govern. Special specifications

City of Valdosta Instruction To Bidders Page 3 of 4 stated on the drawing govern that particular piece of construction and have equal weight with the printed specifications.

INTERPRETATIONS:

Requests for interpretations of drawings and specifications must be made in writing to the City Engineer not later than five (5) days prior to receipt of Proposals. Any interpretations made to bidders will be issued in the form of Addenda to the Specifications and sent to the bidders.

GUARANTEE TO ACCOMPANY PROPOSAL:

No proposal will be considered unless accompanied by a certified check or acceptable Bid Bond in an amount of not less than five (5) percent of the bid and made payable to the City of Valdosta, Georgia.

RETURN OF THE PROPOSAL GUARANTEES:

All proposal guarantees will be returned within ten (10) days following the opening of Proposals if requested, except those of the three lowest bidders, which will not be returned until after a satisfactory bond has been furnished and the Contract has been executed.

WITHDRAWAL OF PROPOSAL:

No bidder may withdraw his bid for a period of thirty (30) days after the date set for the opening thereof.

REJECTION AND IRREGULAR PROPOSALS:

Proposals will be considered irregular and may be rejected, if they show serious omissions, alterations of form, additions not called for, conditions, unauthorized alternate bids or irregularity of any kind.

LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT:

The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid.

CONTRACT PERFORMANCE BOND AND PAYMENT BOND:

The Contractor will be required to furnish a Contract Performance Bond and a Payment Bond executed by a Surety Company duly authorized to do business in the State of Georgia, in an amount equal to one hundred percent (100%) of the contract price, as security for the payment of all persons performing labor and furnishing materials in connection with this contract.

The form of the bonds shall be attached to these specifications and the Surety shall be acceptable to the Owner. In case of default on the part of the Contractor, all expenses

City of Valdosta Instruction To Bidders Page 4 of 4 incident to ascertaining and collecting losses under the bonds, including both engineering and legal services shall lie against the bonds. The Contractor will be required to give a one-year guarantee covering workmanship and materials. The Contract Bond shall remain in force for one year from date of final acceptance of the equipment, materials and construction.

BOND REQUIREMENTS:

All bonds must be submitted on forms provided by an insurance company licensed in the State of Georgia. Payment and Performance Bonds shall be submitted in quadruplicate.

INSURANCE, PROOF OF CARRIAGE:

The contractor will be required to furnish the Owner with satisfactory proof of the carriage of the insurance required.

AWARD:

The award of the contract will be made as soon as practicable to the lowest responsible bidder meeting the requirements of the Owner; provided that in the selection of equipment or materials a contract may be awarded to a responsible bidder other than the lowest in the interest of standardization or ultimate economy. The successful bidder will be notified of the intention to award as soon after bids are opened as possible.

BIDDERS NOTICE:

Bidders are hereby notified and agree by submission of their Proposal that, after award of the Contract, should additional items not listed in the Proposal become necessary and require unit prices not established by the Proposal, that the unit prices of such items shall be negotiated and shall be directly proportional to the established unit prices of similar items in the Proposal.

City of Valdosta Contract Agreement – 2023 Edition Page 1 of 2

AGREEMENT

THIS AGREEMENT, made and entered into this ______ day of ____________ 20____, by and between the City of Valdosta, Georgia (Party of the First Part, hereinafter called the Owner) and _________________ (Party of the Second Part, hereinafter called the Contractor).

THIS AGREEMENT is on a unit basis. It is understood that the quantities in the Contractor’s Bid Proposal are approximate, and are subject either to increase or decrease, and payment will be based on actual quantities of work measured.

WITNESSETH: That the said Contractor has agreed, and by these presents does agree with the said Owner, for the consideration herein mentioned in this proposal and under the penalty expressed in Bonds, hereto attached, to furnish all equipment, tools, materials, skill and labor of every description necessary to carry out and complete in good, firm, substantial and workmanlike manner the work specified, in strict conformity with the drawings, and the specifications hereinafter set forth, which drawings and the specifications, together with the foregoing proposal made by the Contractor, the Instructions to Bidders, General Conditions and this agreement, shall all form essential parts of this Agreement. The work covered by this agreement includes all work shown on plans and specifications and listed in the attached proposal, to-wit:

CONTRACT No. 25-10-707

ENVIRONMENTAL WATERSHED PROTECTION - STREAM CLEARING & SNAGGING

THE CONTRACTOR shall commence the work with adequate force and equipment on a date to be specified in a written Notice to Proceed from the Engineer and shall complete the work by January 16, 2026.

THE OWNER shall pay and the Contractor shall receive the prices stipulated in the proposal hereto attached as full compensation for everything furnished and done by the Contractor under this contract for all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item).

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. With extended prices being the sum of X Million, XXX Hundred Thousand Hundred Dollars and XX cents ($X,XXX,XXX.XX), which sum shall be paid in the manner and terms specified in the Contract Documents but, before issuance of certificate of payments, if the Contractor shall not have submitted evidence satisfactory to the Owner that all payrolls, material, bills, and other indebtedness connected with the work have been paid, the Owner may withhold in addition to the retained percentages, such amount or amounts as may be necessary to pay just claims for labor and services rendered and materials in and about the work, and such amount or amounts withheld or retained may be applied by the Owner to the payment of such claims.

City of Valdosta Contract Agreement – 2023 Edition Page 2 of 2

It is further mutually agreed between the parties hereto that if, at any time after the execution of the agreement and the surety bonds hereto attached for its faithful performance, the First Party shall deem the Surety or Sureties upon such bonds to be unsatisfactory, the Second Party shall, at its expense, within five (5) days after the receipt of notice from the First Party, so to do, furnish an additional bond or bonds in such form and amount, and with such Surety or Sureties as shall be satisfactory to the First Party. In such event no further payment to the Second Party shall be deemed to be due under this agreement until such new or additional securities for the faithful performance of the work shall be furnished in manner and form satisfactory to the First Party.

IN WITNESS THEREOF, the parties hereto have executed this Agreement in quadruplicate, this ______ day of _________________________________, 20________.

(Owner)

ATTESTED:

________________________________ BY______________________

(Seal) City Clerk City Manager

ATTESTED:

Corporate Secretary Contractor

Executed in Quadruplicate

(Corporate Seal)

City of Valdosta General Provisions – 2023 Edition Page 1 of 11

GENERAL PROVISIONS

GENERAL NOTES:

These General Provisions shall apply to the Work as a whole and to each and all phases of the Work. Subcontractors shall be supplied with a copy of these General Provisions and no arrangements or contracts between the Contractor and the subcontractor are to be in conflict with same. They shall also apply to any modifications or extra work.

ACQUAINTANCE WITH CONDITIONS:

The Contractor shall be familiar with the site conditions, obstructions, etc. before starting the Work and report to the Engineer any discrepancy he might find. If no report is made there will be no additional compensation for encountering such.

DEFINITIONS:

Contract: The Contract consists of the Invitation for Bids, Proposal, Agreement, Bid Bond, Performance Bond, Payment Bond, Opinion of Attorney, Instruction to Bidders, General Provisions, Special Provisions, Measurement and Payment, Specifications, and the Drawings, including all changes incorporated therein before their execution. These documents form the Contract.

Owner: The Party of the First Part in the accompanying Contract.

Contractor: The Party of the Second Part in the accompanying Contract.

Subcontractor: Includes only those having a direct contract with the Contractor; it includes one who furnishes materials worked to a special design according to the Drawings and Specifications of this Work but does not include one who merely furnishes material not so worked.

Work at the Site of Project: The Work to be performed includes efforts and tasks normally done at the location of the project including all materials, equipment, labor, services and documentation necessary to construct the Project as defined in the Contract and includes efforts of the Contractor and the Subcontractors. The Work as employed herein means all tasks and efforts to be accomplished by the Contractor under the terms of this Agreement or as specified by the Engineer.

Project: The Work as a whole under this Contract, including all labor and materials, and all other items included in the Contract documents.

Engineer: The City Engineer and his office; the City Engineer will make the final decisions on design and construction.

City Engineer: Refers to the City Engineer, the City Engineer’s staff, assistants and inspectors.

City: Refers to City of Valdosta, Georgia.

Written Notice: Written notice shall be deemed to have been fully served if delivered in person to the individual or to an officer of the Corporation for whom it is intended or if delivered at or sent by mail to the last business address known to the person who gives the notice.

City of Valdosta General Provisions – 2023 Edition Page 2 of 11

STATUS AND DECISIONS OF ENGINEER:

The Engineer shall have general supervision and direction of the Work and has the authority to stop the Work whenever such stoppage may be necessary to insure the proper execution of the Contract.

The Engineer shall make decisions on all claims of the Contract and on all other matters relating to the execution and progress of the Work or the interpretation of the Contract documents.

PLANS AND DOCUMENTS FOR CONSTRUCTION PURPOSES:

The Contractor shall download from the City of Valdosta website a complete set of construction documents and Contract Specifications applicable to the Work required under this Contract for use during the course of construction. Revisions shall also be downloaded from the City’s website. For download instructions, please visit the City of Valdosta website at www.valdostacity.com or contact the Engineering Department. If hardcopies are needed, the Contractor will be responsible to make efforts to have such hardcopies produced at his own expense.

SHOP DRAWINGS:

The Contractor shall provide the Engineer with four copies of shop drawings of any structure which requires details not shown on the construction Drawings. The Contractor shall provide shop drawings of any structure he intends to build in order to facilitate the construction of the project as a whole. The Contractor is to check shop drawings before sending them to the Engineer for approval and shall mark them as approved. The Engineer shall then check shop drawings and approve or disapprove them. Approval will not relieve the Contractor of any responsibility for accuracy of dimensions or details.

DRAWINGS AND SPECIFICATIONS:

All Drawings and Specifications are the property of the Engineer and are not to be used on other work without the permission of the Engineer. The Contractor shall keep a set of Drawings and Specifications on the site during the times of construction, and if the Contractor has no Drawings and Specifications, the Engineer shall have the authority to stop work until the above mentioned Drawings and Specifications are present on the site.

SPECIFICATIONS AND DRAWINGS TO BE COOPERATIVE:

The Specifications, the Drawings accompanying them and other Contract documents shall be supplementary to each other, and any material, workmanship and/or service which may be in one but not called for in the others shall be as binding as if indicated, called for, or implied by all.

The Contractor will understand that the Work herein described shall be completed in every detail notwithstanding that every item necessarily involved is not particularly mentioned, and the Contractor shall be held to provide all labor and material necessary for the completion of the indicated Work. Before starting the Work of the Contract, the Contractor shall report in writing to the Engineer any discrepancy which he may discover between the Drawings and Specifications. If the Contractor fails to call such discrepancy to the attention of the Engineer, the subsequent decisions of the Engineer as to which is correct shall be binding and final. Should any error and inconsistency appear in the Drawings or Specifications, the Contractor, before proceeding with the Work, shall make mention of the same to the Engineer for proper adjustment and in no case shall he proceed with the Work in uncertainty.

http://www.valdostacity.com/

City of Valdosta General Provisions – 2023 Edition Page 3 of 11

PROGRESS SCHEDULE:

The Contractor shall prepare and present to the Engineer a carefully prepared Schedule of Work which shall set forth the series of dates upon which the Contractor proposes to begin and finish the different parts of the Work.

ORDER OF WORK:

The Work shall be begun at such points as the Engineer shall designate and shall be prosecuted in the order he shall direct. This applies to both location and items of construction. The Contractor shall have no claim for extra compensation because of restrictions and limitations of work prescribed by the Owner.

SEQUENCE OF OPERATIONS:

In order that all phases of work to be done under the whole project may be properly coordinated, the Contractor shall arrange the sequence of his work in accordance with the schedule accepted and adopted in the early stages of construction. Such work schedule shall be approved by the Engineer and Owner.

WORK NOT SHOWN ON PLANS AND DRAWINGS:

In the carrying out of this Work as contemplated by the Drawings and Specifications, there may arise certain items of work for which definite plans have not yet been decided upon. All such work when authorized shall be paid for as provided in Changes of the Work.

PERFORMANCE OF WORK BY CONTRACTOR:

The Contractor shall perform on the site and with his own organization, at least 50 percent of the total amount of the Work to be performed under this Contract. If, during the progress of the Work hereunder, the Contractor requests a reduction of such percentage, and the Engineer determines that it would be to the Owners advantage, the percentage of the labor required to be performed by the Contractor’s own organization may be reduced; provided prior to written approval of such reduction is obtained by he Contractor from the Owner.

CONTRACTORS SUPERINTENDENT:

The Contractor shall continuously maintain the presence of a competent general superintendent on the worksite during the progress of the Work. Whenever a superintendent is not on the job supervising the Work even though his crew is there, the Engineer shall have authority to stop the Work until the superintendent returns.

SUBCONTRACTOR:

The Contractor shall, as soon as practicable after the execution of the Contract, and before any subcontracts are awarded, notify the Engineer in writing of the names of the Subcontractors proposed to be used on the various parts of the Work.

When the names of the Subcontractors are submitted for approval, the Contractor shall give the Engineer the name and quality of the material and the name of the manufacturer of the material which the Subcontractor proposes to use.

No Subcontract shall be awarded until the Contractor has received approval in writing from the Engineer on the proposed Subcontractor.

The Contractor agrees that he is fully responsible to the Owner for the acts and omissions of persons directly employed by him.

City of Valdosta General Provisions – 2023 Edition Page 4 of 11

Nothing contained in the Contract documents shall create any contractual relationship between the Subcontractor and the Owner.

INSPECTORS:

The Engineer will be represented by an inspector on the project. It shall be the Contractor’s responsibility to notify the Engineer whenever work is to begin so that arrangements for inspection can be made. The inspector shall, while on the job, have the same authority as the Engineer and any instructions that he might give shall be carried out as if said instructions came directly from the Engineer.

INSPECTION:

The Engineer or his representatives, while observing work in progress on behalf of the Owner, will give the Contractor and subcontractors all possible assistance in interpreting the terms of the Contract. Such assistance shall not relieve the Contractor from responsibility for his work, in accordance with the Contract requirements and any work which proves faulty shall be made right by the Contractor.

Representatives of the Engineer are without authority to alter or relax the terms of the Contract.

Any alterations or relation of terms of the Contract shall be valid only if made in accordance with the procedures set forth under Changes of the Work.

Upon request of the Contractor, decisions, instructions, or interpretations of the Engineer will be issued in writing. Any claim by the Contractor that all decisions, instructions, or interpretations are not within the scope of the Work, or that they entail cost beyond the scope of the Contract shall be made to the Engineer in writing and within five days of such ruling, and before the work involved is performed, otherwise interpretations are accepted without questions.

If any work should be covered up without approval or consent of the Engineer, if required by the Engineer, it must be uncovered for examination at the Contractors expense. Re-examination of questioned work may be ordered by the Engineer, and if so ordered, the work must be uncovered by the Contractor.

MATERIALS AND WORKMANSHIP:

Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, appliances, light, power, transportation and all facilities necessary for the proper execution and satisfactory completion of this Work.

Unless otherwise specified all materials shall be new and both materials and workmanship shall be of good quality. The Contractor shall furnish satisfactory evidence and quality of materials intended to be used, if required.

Should any dispute arise as to the quality or fitness of any materials or workmanship, the decision shall rest with the Engineer and shall be based on the requirements that all material furnished and all work done shall be of good quality, and what might be usual and customary in the erection of other structures shall in no way enter into any consideration or decision.

It is not incumbent upon the Engineer to give the Contractor early notice of the rejection of faulty materials or workmanship or in any case to superintend to the extent of relieving the Contractor of responsibility for any consequence of neglect or carelessness of himself or of his subordinates.

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All materials and labor shall be delivered and furnished at such time as shall be for the best interest of all concerned to the end that the combined work of all may be properly and fully completed on time.

POSSESSION OF SITE AND RESPONSIBILITY:

Upon taking possession of the site, the Contractor shall be responsible thereafter until the final acceptance of the Work by the Owner for the management, care and maintenance of the site and the Work both new and existing and shall be solely and wholly responsible for damage thereto and for any and all injury to persons or property incident to or on account of the execution of this Work and shall adjust all the claims or suits arising there from, without loss to the Engineer or the Owner. Any approval of means or methods of construction or protection of persons or property shall not relieve the Contractor from sole responsibility for the adequacy of such means or methods.

STORAGE OF APPARATUS AND MATERIALS:

All equipment and materials shall be stored in such manner as to insure the preservation of their quality and fitness for the Work. Materials stored shall be located so as to facilitate prompt inspection and shall be confined to space designated by the Engineer.

Should it become necessary at any time during the progress of the whole project to move materials which have been temporarily placed previous to their use in the construction, the Contractor shall when so directed by the Engineer or inspector move them without additional cost to the Owner.

PROPERTY CONFINES:

The Contractor has no authority to permit the use of any portion of the premises by anyone except for business connected with the construction in which his Contract is concerned.

CLEANING DURING CONSTRUCTION AND AT COMPLETION OF WORK:

The Contractor shall keep the premises clean at all times and shall remove all rubbish as often as directed by the Engineer and Owner. If the Contractor does not at all times provide men to attend to the cleaning up, on request, in a manner acceptable to the Engineer, the Engineer may employ such men direct and charge the cost of same to the account of the Contractor.

CHANGES OF THE WORK:

The Owner, without invalidating the Contract, may order extra work or make changes by altering, adding to, or deducting from the Work, the Contract sum being adjusted accordingly. All such work shall be executed according to the conditions of the original Contract, except that any claim for extensions of time caused thereby shall be adjusted at the time of ordering such changes.

In giving instructions, the Engineer shall have authority to make any minor changes in the Work, not involving extra cost, and not inconsistent with the purpose of the construction. But otherwise except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order from the Engineer stating that the Owner has authorized extra work or changes, and no claim for an addition to the Contract sum shall be valid unless so ordered.

The value of such extra work or change shall be determined by one or more of the following methods, at the option of the Owner:

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(1) By estimate and acceptance in a lump sum.

(2) By unit prices named in the Contract or subsequently agreed upon.

(3) By cost percentage

(4) By cost plus a fixed fee

If none of the above methods are agreed upon, the Contractor, provided he receives an order as above, shall proceed with the work. In such case and also under cases (3) and (4) he shall keep and present in such form as the Engineer may direct, a correct amount of the net cost of materials, and labor, together with vouchers. In any case, the Engineer shall certify to the amount including reasonable allowance for overhead and profit due to the Contractor. Pending final determination of value, payments on accounts of changes shall be made on certificate of Engineer.

OWNERS RIGHT TO DO WORK:

If the Contractor shall neglect to prosecute the Work properly, and in a diligent manner or fail to perform the provisions of the Contract, the Owner may, after three days written notice to the Contractor, without prejudice to any other remedy, make good such deficiencies and may deduct the net cost thereof from the payment then or thereafter due the Contractor provided however, the Engineer shall approve both such actions and the amount charged to the Contractor.

ASSIGNMENT:

Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due, or to become due, hereunder, without the previous consent of the Owner.

RIGHT OF OWNER TO TERMINATE CONTRACT:

In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the Contract; provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the Work and prosecute the same to completion by contract or by force account and at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the Work, such materials, appliances and plant as may be on the site of the Work and necessary therefore.

EXTENSION OF TIME:

Should the Contractor be delayed at any time due to causes beyond his control or due to extra work ordered by the Owner, the Contractor shall within seven (7) days of such delay request extension of time from the Engineer who shall decide if the Contractor has sufficient grounds for an extension and how much time is to be granted.

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TIME FOR COMPLETION AND LIQUIDATED DAMAGES:

It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the Work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the Work embraced in this Contract shall be commenced on a date to be specified in the Notice To Proceed. The Contract time shall apply to the period from the Notice to Proceed until the time of Substantial Completion. Substantial Completion is the degree of construction completion at which the Work can be used for its intended purpose.

The Contractor agrees that said Work shall be prosecuted regularly, diligently, and uninterrupted at such rate of progress as will insure full completion thereof within the time specified.

It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the Work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.

It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever, and where, under the Contract, an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract.

Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is due:

(1) To any preference, priority, or allocation order duly issued by the government.

(2) To unforeseeable cause beyond the control and without the fault of negligence of the Contractor, including, but not restricted to acts of God, or of the public enemy, acts of the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; and

(3) To any delays of subcontractors occasioned by any of the causes specified in subsections (1) and (2) of this article.

Provided, further that the Contractor shall, within seven (7) days from the beginning of such delay, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of his decision in the matter.

LICENSE:

The Contractor shall be required to have during the life of the Contract a current City of Valdosta Contractors License and City of Valdosta Business License for the work he will perform.

BOND REQUIREMENTS:

All bonds must be submitted on forms provided by an insurance company licensed in the State of Georgia. Payment and Performance Bonds shall be submitted in quadruplicate.

CONTRACTORS INSURANCE:

Said project shall be constructed and maintained at the sole risk of the Contractor and the Contractor agrees, without regard to negligence on the part of City to save the City, and to hold the City harmless from and against all claims, damages, expense and liability (whether or not

City of Valdosta General Provisions – 2023 Edition Page 8 of 11 such liability has been judicially determined) for loss of life, personal injury or damage to property, resulting from or in any manner attributable to the construction, maintenance, use, operation or presence of the project, or to the presence of the equipment or employees of Contractor, on City’s property.

The Contractor shall carry Workmen’s Compensation Insurance and shall have all subcontractors carry Workmen’s Compensation Insurance and shall carry Comprehensive Liability Insurance covering all operations and vehicles.

The Contractor shall name the City of Valdosta as an additional insured party on all insurance policies.

The Contractor shall submit Certificates of Insurance showing minimum coverage as follows:

(1) Workmen’s Compensation - As required by State Law

(2) Comprehensive General Liability

(a) Each Person $ 500,000

(b) Each Occurrence 1,000,000

(3) Vehicle Liability

(a) Each Person 300,000

(b) Each Occurrence 500,000

(4) Property Damage Insurance

200,000

SOCIAL SECURITY AND SALES TAXES:

The Contractor shall be liable for all state and Federal Payroll or Social Security and Sales and Use Taxes that are in force at the time of the award of the Contract except taxes the City may be exempt from.

LIENS:

Neither the final payment or any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof, and, if required in either case, an affidavit that insofar as he has knowledge or information, the releases and receipts include all the materials and labor for which a lien might be filed, but the Contractor may, if any subcontractor refuses to furnish a release of claims or receipts in full, furnish a bond satisfactory to the Owner to indemnify him against any lien. If any lien should remain unsatisfied after all payments are made then the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such lien, including all costs and reasonable Attorney’s fees.

MAINTENANCE:

The Contractor will be required to maintain all work done by him in a functional condition for sixty

(60) days after the same has been completed as a whole, and the Engineer has notified the Contractor in writing that the Work has been finished and finalized to their satisfaction. The retained percentage will not be due to the Contractor until after the 60 days maintenance period

City of Valdosta General Provisions – 2023 Edition Page 9 of 11 but may be payable to the discretion of the Engineer. Any damage to the site or surroundings whether it be existing before construction or whether it be materials or items of construction shall be repaired by the Contractor at his expense and all parts of the site shall be left in as good repair as…