EWP_GeneralProvisions_Add_2_rev1.pdf

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.

City of Valdosta General Provisions – 2023 Edition Page 5 of 11

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:

City of Valdosta General Provisions – 2023 Edition Page 6 of 11

(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.

City of Valdosta General Provisions – 2023 Edition Page 7 of 11

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 Occupational Tax Certificate/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 before the work started.

GUARANTEE:

The Contractor shall guarantee all materials and workmanship for a period of one (1) year from the date of final acceptance of the Work by the Engineer. If during this period any material or item of construction proves defective, the Contractor shall repair the same at his expense to the satisfaction of the Owner and guarantees shall be covered by Performance Bond. Neither the final certificate of payment nor any other provision relieves the Contractor of the responsibility for faulty materials or workmanship.

ACCEPTANCE:

When the Work has reached the point of Substantial Completion and can be used for its intended purpose, the Contractor shall notify the Engineer to this effect and shall request a final inspection.

No work shall be accepted until the final inspection has been made and the job approved by the Engineer. Within ten (10) days after the final inspection the Engineer shall inform the Contractor in writing of the acceptance or rejection of the job and if the job is accepted the maintenance and guarantee periods will begin from this date.

PATENTS AND ROYALTIES:

The Contractor shall forever protect and defend the Owner against all demands whatsoever, involving the full and free use and enjoyment of any and all rights to any invention, machine or device, which may be applied as a part of the work, either in the construction or after construction.

The Contractor shall notify the Owner in writing as to any such demands on the above rights upon which the Contractor may have to pay any royalties.

ACCIDENT PREVENTION:

Precautions shall be exercised at all times for the protection of persons (including employees) and property, and hazardous conditions shall be guarded against or eliminated. The foregoing shall be as indicated by the Engineer if it becomes necessary.

ESTIMATE:

At least 30 days before each progress payment falls due, the Contractor shall submit a detailed estimate of the Amount Earned during the preceding month for the separate portions of the Work, and request payment. The words Amount Earned means the value completed as of the date of the estimate for partial payment of the Work in accordance with the Contract Documents including the value of approved materials delivered to the project site suitably stored and protected prior to incorporation into the Work.

The Engineer will, after receipt of each request for payment, recommend payment or return the request to the Contractor indicating the reasons for refusing to recommend payment. In the latter case, the Contractor may, within 7 days, make the necessary corrections and resubmit the request.

The Engineer may refuse to recommend the whole or any part of any payment because:

(1) The work is defective, or completed work has been damaged requiring correction or replacement;

City of Valdosta General Provisions – 2023 Edition Page 10 of

(2) Written claims have been made against Owner or Liens have been filed in connection with the Work;

(3) The Contract price has been reduced because of Change Orders;

(4) The Contractor’s unsatisfactory prosecution of the work in accordance with the Contract documents; or

(5) Contractor’s failure to make payment to Subcontractors or for labor, materials, or equipment.

DEDUCTION FROM ESTIMATE:

The Owner will deduct from the estimate, and retain as part security, 5 percent of the amount earned for work satisfactorily completed. A deduction and retainage of 5 percent will be made on the estimated amount earned for approved items of material delivered to and properly stored at the job site but not incorporated into the Work.

QUALIFICATION FOR PARTIAL PAYMENT AND MATERIALS DELIVERED:

Qualification for partial payment for materials delivered but not yet incorporated into the Work shall be as described below:

(1) Materials, as used herein, shall be considered to be those items which are fabricated and manufactured material and equipment. No consideration shall be given to individual purchases of less than $200 for any one item.

(2) To receive partial payment for materials delivered to the site, but not incorporated in the Work, it shall be necessary for the Contractor to include a list of such materials on the Partial Payment Request. At his sole discretion, the Engineer may approve items for which partial payment is to be made. Partial payment shall be based on the Contractor’s actual cost for the materials as evidenced by invoices from the supplier. Proper storage and protection shall be provided by the Contractor, and as approved by the Engineer. Final payment shall be made only for materials actually incorporated in the Work and, upon acceptance of the Work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work.

(3) Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests, and encumbrances.

(4) If requested by the Engineer, the Contractor shall provide with subsequent pay requests, invoices receipted by the supplier showing payment in full has been made.

City of Valdosta General Provisions Page 11 of 11

PAYMENT:

After deducting the retainage and the amount of all previous partial payments made to the Contractor from the amount earned, the amount due will be paid to the Contractor.

END OF SECTION