IFB _493_25.pdf

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 1 | P a g e

DAWSON COUNTY GEORGIA

INVITATION FOR BIDS (IFB)

LABOR AND MATERIALS TO REPAIR VETERANS

MEMORIAL PARK PAVILION

IFB #493-25

Submission Deadline:

January 22, 2026 at 2:30 PM

Delivery Address:

Dawson County Board of Commissioners

Attn: Purchasing Manager

25 Justice Way, Suite 2223

Dawsonville, GA 30534

Important: The responsibility for submitting a response to this IFB on or before the stated date and time lies solely with the offeror.

Issue Date: December 15, 2025

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 2 | P a g e

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion

Table of Contents

Invitation to Bidders

IFB Timeline

General Overview

General Conditions

Bid Specifications

General Terms

Vendor’s Checklist Form

Vendor’s Information Form

Vendor’s Price Bid Form

Bid Bond

Vendor’s Reference Form

Execution of Bid Form

Addenda Acknowledgement Form

Drug Free Work Place Form

Certificate and Statement of Non-Collusion Form

Georgia Security and Immigration Compliance Act Affidavit

Local Small Business Initiative Affidavit Form

Sample Contract

Drawings

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 3 | P a g e

Invitation To Bidders

Dawson County is seeking sealed bids from qualified vendors for materials and labor to perform repairs to the Veterans Memorial Park Wooden Pavilion.

All relevant specifications and requirements are outlined in Section II of this solicitation package. Bidders are encouraged to review this entire packet carefully before preparing their submission.

Bid Submission Instructions

Complete bid packages must be submitted in a sealed envelope or container clearly marked with the Bid Name and Bid Number. Submissions must include a completed Vendor Price Proposal Form and be typed or printed in ink. Handwritten or incomplete proposals may not be considered. Electronic copies of the bid documents are available at:

https://www.bidnetdirect.com//dawsoncounty

Bid Submission Deadline:

January 22, 2026 at 2:30 PM

Pre-Bid Meeting:

There will be a Pre-Bid Meeting on Wednesday, January 7th 2026 at 3:00 PM. This will be held at the Veterans Memorial Park Pavilion:

305 Recreation Rd Dawsonville, GA 30534

Questions & Clarifications:

All questions must be submitted in writing via email to:

Hanna Milford, Purchasing Manager Hmilford@dawsoncountyga.gov

Questions are due by January 9, 2026 at 5:00PM. Responses to all inquiries will be posted on both the Dawson County website and the Georgia Procurement Registry by January 14, 2026 at 5:00PM. Any changes to the scope or terms of this solicitation will be issued via formal addendum.

Equal Opportunity Statement:

Dawson County is committed to providing equal opportunity for all businesses and does not discriminate on the basis of race, color, religion, sex, national origin, disability, or veteran status. This policy ensures that all segments of the business community have fair access to County procurement opportunities.

Please note that Dawson County does not guarantee a minimum or maximum value for this contract. We appreciate your interest in doing business with Dawson County and look forward to your participation.

Sincerely, Hanna Milford, Purchasing Manager

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 4 | P a g e

Section I – General Overview

1. Bid Submission Offerors must ensure their submittals are securely packaged and sealed to prevent damage during mailing. One (1) original, complete, and signed submittal must be received no later than 2:30 PM on January 22, 2026. The submittal must be enclosed in a sealed envelope clearly marked with the following information:

Vendor’s Name Vendor’s Address IFB #493-26 Labor and Materials to Repair Veterans Memorial Park Pavilion

Submittals should be delivered to:

Dawson County Board of Commissioners Attn: Purchasing Manager 25 Justice Way, Suite 2223 Dawsonville, GA 30534

Hand Delivery Hand Delivery copies may be brought to this address 25 Justice Way, Suite 2322 Dawsonville, GA 30534 between the hours of 8:00AM and 5:00PM, Monday through Friday, excluding Holidays. For a complete listing of Holidays, please visit www.dawsoncountyga.gov. No submission will be accepted after 2:30PM on the date of Bid Opening. Please note that office is located within a Courthouse and you must go through metal detectors, please prepare accordingly.

GPS Location Please note that some GPS systems may not accurately locate the address of the Dawson County Government Center. If you experience difficulty, use the following alternative address for navigation purposes:

25 Tucker Avenue Dawsonville, GA 30534 Tucker Avenue is situated on the east side of the Government Center. Upon arrival, continue one block west on Shoal Creek Road to reach Justice Way, where parking for the Government Center is available. Proposers are strongly encouraged to verify that the destination is within Dawson County, as nearby communities may share similar addresses.

2. Contact Person All questions regarding this IFB must be submitted in writing via email to Hanna Milford, Purchasing Manager at hmilford@dawsoncountyga.gov before the posted Deadline for Questions. Unauthorized contact with other County staff or elected officials is strictly prohibited and may result in disqualification. Vendors must direct all inquiries solely through the Purchasing Manager unless otherwise permitted by an existing agreement. The County reserves the right to reject any submittal that violates this policy.

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 5 | P a g e

3. Additional Information/Addenda All responses to inquiries, corrections, or amendments will be issued as written addenda and posted on the County’s website prior to the bid due date. Vendors should rely only on information provided in this IFB or official addenda. In case of conflicting information, the most recent addendum will take precedence.

Vendors must acknowledge all addenda by including the Addenda Acknowledgement form with their submittal. Failure to do so may result in bid rejection if the addendum includes material changed. Lack of acknowledgement does not exempt the vendor from complying with the addendum’s contents.

4. Late Submittals and Late Modifications Submittals received after the due date and time will not be considered. Modifications received after the due date will not be considered. Dawson County Government assumes no responsibility for the premature opening of a Bid not properly addressed and identified, and/or delivered to the improper designation.

5. Rejection of Bids/Cancellations Dawson County reserves the right to reject any and all submittals and reserves the right to waive any irregularities or informalities in any submittal or in the submittal procedure, when to do so would be to the advantage of Dawson County. Dawson County reserves the right to cancel this IFB at any time.

6. Minimum IFB Acceptance Period Submittals shall be valid and may not be withdrawn for a period of ninety (90) days from the date specified for receipt submittals.

7. Bid Integrity and Conflict of Interest By submitting a response to this IFB, the vendor certifies that the bid is genuine, not collusive, and not submitted on behalf of any undisclosed party. The vendor further affirms that no attempt has been made to induce others to submit false or non-competitive bids, or to gain an unfair advantage.

Additionally, the vendor certifies that no Dawson County official or employee has any direct or indirect financial interest in the bid, any resulting contract, or anticipated profits.

8. Cost Incurred by Vendors All expenses involved with the preparation and submission of the IFB to the Dawson County Board of Commissioners, or any work performed in connection therewith is the responsibility of the vendor(s).

9. Bid Opening Bids will be opened and read immediately following the bid deadline at the physical address stated in this document. A copy of the bid tabulation to the IFB will be posted on the County Website within three (3) days after the IFB has been opened.

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 6 | P a g e

10. Open Records All materials submitted in connection with this IFB will be public documents and subject to the O.C.G.A. § 50-18-71, Open Records Act and all other laws of the State of Georgia;

and the open records policies of Dawson County Board of Commissioners. All such materials shall remain the property of Dawson County and will not be returned to the respondent. Should you believe that your bid contains any trade secrets you must submit an affidavit, along with the bid/proposal, that states that specific portions of the bid/proposal contain trade secrets as defined by Georgia law (article 27 of Chapter 1 of Title 10 of the Official Code of Georgia). Furthermore; the affidavit must be detailed, citing specifically the portions of the bid/proposal containing any trade secrets. All such materials shall remain the property of Dawson County and will not be returned to the respondent.

11. Taxes Dawson County Government is tax exempt. Dawson County cannot exempt any other person/vendor from applicable sales taxes that may be required from them in relation to this project. Selected vendor will be provided with Dawson County’s Sales and Use Tax Certificate of Exemption number upon request.

12. Vendor Information All submissions shall include a completed vendor information form, current copy of business license, and current W-9. Failure to provide this information could result in disqualification of the vendor from submitting a bid.

13. Insurance Selected vendor will be required to provide a Certificate of Insurance as proof of liability and workman’s compensation insurance while under contract with Dawson County.

Workman’s Compensation insurance should be as required by the State of Georgia.

General Liability at a minimum should cover $1,000,000 per incident and automobile insurance of $500,000 combined single limit per accident for bodily injury, property damage. Dawson County Board of Commissioners shall be named as additionally insured for the project herein.

14. Bonds If specified in Section II – Scope of Work, Dawson County may require any combination of the following bonds:

Bid Bond – 5% of the total bid Payment Bond – 100% of the contract amount Performance Bond – 100% of the contract amount

All bonds must be payable to Dawson County Board of Commissioners. Failure to submit required bonding will result in automatic bid rejection. Bonding companies must be authorized to operate in Georgia by the Georgia Insurance Commissioner, listed in the

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 7 | P a g e

U.S. Department of Treasury’s approved surety list, and rated by A.M. Best as financially sound.

15. Anti-Discrimination Policy In accordance with Title VI of the Civil Rights Act of 1964 and related federal regulations, Dawson County ensures that all vendors, including disadvantaged business enterprises as defined in 49 CFR Part 23, have equal opportunity to participate in this IFB process without discrimination based on race, color, national origin, sex, or disability.

By submitting a bid, vendors certify compliance with the Civil Rights Act. For contracts over $10,000, the following provisions apply:

The contractor shall not discriminate against any employee or applicant based on race, religion, color, sex, or national origin, except where such characteristics are bona fide occupations qualifications.

The contractor shall post notices of this policy in visible locations and include equal opportunity language in all employment related solicitations.

These provisions must be included in all subcontracts or purchase orders over $10,000 to ensure compliance throughout the supply chain.

16. Georgia Security and Immigration Compliance Act

Vendors submitting a qualification package in response to this IFB must provide the following information in the package to indicate compliance with the Georgia Security and Immigration Compliance Act. The form is provided for completion.

17. Gratuities While Dawson County recognizes that gift-giving may be customary in some business practices, it is strictly prohibited for any County employee involved in procurement to have personal financial interests that conflict with their official duties.

It is unethical for any vendor to offer, or for any County employee to solicit or accept, gifts or gratuities of any amount in exchange for influencing procurement decisions, including approvals, recommendations, or bid evaluations.

END OF THIS SECTION

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 8 | P a g e

Section II – General Conditions

Dawson County Purchasing Department is soliciting sealed bids from licensed, qualified vendors with demonstrated competence and experience to provide all labor and materials required to repair the wooden pavilion structure at Veterans Memorial Park

Contract Period The term of a contract awarded as a result of this IFB shall be from award until final acceptance of the project by the County, which is to be forty-five (45) calendar days from the issuance of the Notice to Proceed letter, including ordering materials.

The contract shall terminate absolutely and without further obligation at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the County under this contract. The County does not guarantee a minimum value for this contract.

If at any time, the County determines it is in its best interest to discontinue use of these services, the County reserves the right to cancel this Agreement by giving 30 (thirty) days advance written notice.

Specifications The awarded Contractor shall furnish all labor, materials, equipment, and permits necessary to repair the wooden pavilion at Veterans Memorial Park in accordance with the stamped engineering drawings provided herein.

Contractors must be qualified to perform the scope of work listed below. Qualifications include at a minimum five (5) years of experience in performing this type of work.

Contractor shall coordinate and schedule all site work with Owner, Engineer, and Dawson County Project Manager. Unfinished work areas shall be barricaded as required by Owner.

Storage of equipment of placement of materials shall be coordinated with Project Manager.

Contractor shall be responsible for contacting Engineer concerning any discrepancies, changes in the installation, or difference of the on-site conditions.

Contractor shall be responsible for job site safety protection of pedestrians.

Contractor shall submit technical data sheets on all products for Owner’s/Project Engineer’s approval prior to installation.

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 9 | P a g e

Scope of Work Submit for review shoring drawings that comply with the loads listed in the drawings Submit for review steel shop drawings and install join strengthening galvanized steel plates as specified in drawings Install shoring Remove and replace portion of damaged bottom truss Seal bottom chord joints with Sika 2C Sealant Clean, prep, and apply wood sealer as specified in notes for all wood Clean, prime, and paint all exposed steel connectors Tighten all fasteners at Pavilion to snug tight condition and install missing anchors at base plates

Design Criteria Truss Repair and Strengthening were designed in accordance with the International

Building Code 2018 w/GA amendments and current OSHA, Federal, State, and Local Safety Regulations and Standards.

Risk Category: II Gravity Loads:

o Dead Loads (in addition to structure self-weight):

Roof: 10PSF o Live Loads (reduces as allowed by GA IBC):

Roof Live Load: 20PSF

Wind Loads:

o Basic Wind Speed: V= 105 MPH o Allowable Design Wind Speed, V_ASH= 83 MPH o Exposure: B

Wood Construction

Wood Framing shall be Southern Pine No. 1 or better and have minimum allowable bending stress per NDS

All replacement wood shall be pressure treated Connections for structural wood framing members shall be hot dipped galvanized or approved equal Sealant shall be Sika 2C. Surface prepped and applied per manufacturer instructions.

Wood Coating

All wood shall be coated with Sherwin-Williams WoodScapes Premium Translucent Finish or with Sherwin-Williams WoodScapes Semi Transparent. Final color to be selected by Owner. Prep and apply per manufacturer specifications.

Contractor to ensure all rough-cut ends and drilled holes are coated Mock-up to be approved by owner prior to widespread installation.

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 10 | P a g e

Steel Construction Structural steel shall conform to ASTM A992, unless noted otherwise.

o Structural steel channels, miscellaneous plates and connection material shall conform to ASTM A36

Thru bolts shall be ASM A325 and shall be hot dipped galvanized.

Steel plates shall be hot dipped galvanized The member sized, approximate lengths and dimensions are listed on the drawings; the actual member lengths shall be based on field dimensions verified by the Contractor.

Weld Electrodes; the weld electrodes used in structural welding shall conform to AWS

A5.1 and A5.5 specifications and have a minimum yield strength of 70KSI. Electrodes shall be as recommended by their manufacturers for the positions and other conditions of actual use.

All shop and field welding shall be performed in accordance with AWS S1.1-10 specifications by AWS Certified Welders. Contractor to submit current certification of all welders used on the project. The fit-up of all structural steel components shall be within tolerances specified in the AWS and AISC specifications. All field weld shall be inspected by an AWS certified weld inspector prior to coating. Contractor shall provide safe access to inspection locations.

Sealant for the cove bead or flange joint shall be:

o SikaFlex-2C NC TG

All sealants shall be applied and cured according to manufacturer specifications.

Scheduling and Delivery The Contractor must provide the crew manned by the number necessary to complete the task

The Contractor will attend a pre-construction meeting with County staff to determine start date, timetable coordination and all other pertinent information.

Management Agent/Employees The Vendor shall assign a main point of contact that will be responsible for the project.

Each employee working on the project must be clearly identifiable with a company uniform and badge/work identification card.

Warranty All materials are to carry the warranty timeframe as stated provided by the Manufacturer of each material used during this project. The Contractor shall be responsible for any issues that may arise during this warranty period.

The labor is to be warrantied for one year.

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 11 |

The bid is to contain contact information of the individual/firm who will be responsible for the warranty repairs.

Completing the Vendor’s Price Proposal Form

1. Vendors must provide pricing on the Vendor’s Price Proposal Form included in this document.

2. If a vendor does not wish to bid a certain item the response of “No Bid” is appropriate.

This does not disqualify vendors. Dawson County will look at the totality of each proposal.

3. Where errors or omissions result in discrepancies in bid totals, prices per unit as submitted will be binding.

4. Due to the nature of this project, it is vital that all material arrive on or before the proposed number of delivery days stated in the Price Proposal Sheet. Time is of the essence and is an essential element of this IFB.

Payment

1. Upon inspection and acceptance of all goods, amount due shall be eligible for payment.

2. Vendor must furnish delivery receipt with invoice identifying that order has been delivered in accordance with specifications, quantities, and price set forth on the original order. A Dawson County employee’s signature must appear on the delivery receipt or invoice.

3. Dawson County is tax exempt. A Tax Exemption certificate will be provided upon award.

4. Dawson County cannot exempt others from taxes. Vendor must pay taxes as applicable by law.

5. Dawson County reserves the right to deduct from payment any monies owed to Dawson

County by the vendor.

6. Itemized all invoices in full. Show payment terms, reference Purchase Orders (if applicable).

7. Inspection and Acceptance of Deliveries: The County reserves the right to inspect all goods and products delivered. The County will decide whether to accept or reject items delivered. The inspection shall be conclusive except with respect to latent defects, fraud, or such gross mistakes as shall amount to fraud. Final inspection resulting in acceptance or rejection of the products will be made as soon as practicable, but failure to inspect shall not be construed as waiver by the County to claim reimbursement or damages for such products which are later found to be in non-conformance with specifications. Should public necessity demand it, the County reserves the right to use or consume articles delivered which are substandard in quality subject to an adjustment in price be determined by the department.

8. Upon inspection and acceptance of all items, amount due shall be eligible for payment.

Bids that require a down payment or mid-payment are not acceptable.

9. Final payment will be based upon actual in-place products and upon acceptance by the County.

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 12 |

10. Dawson County pays on a NET/30 term based on date correct invoice received by our Accounts Payable Department. All invoices should be sent to:

Dawson County Board of Commissioners ATTN: Accounts Payable 25 Justice Way, Suite 2220

Dawsonville, GA 30534 apfinance@dawsoncountyga.gov

11. Proof of Licensing: Contractor shall submit proof of professional license, insurance and business license at time of submittal as it relates to the Scope of Work defined herein. The business license will be the current license your business operates, if you are out of county, this will not be a Dawson County business license.

12. The successful vendor must hold a valid Business License at time of proposal and a copy must be filed with the Purchasing Manager at time of proposal. If awarded to an out-of-county vendor, that vendor must register their business license with the Dawson County Planning and Development Department within 10 days of award. Fees may apply and are not a part of this agreement. Note: Only the successful vendor needs to register with Dawson County Planning and Development Department. As of January 1, 2017, there is not a registration fee.

Administration The contract will be administered by the Purchasing Manager with the Dawson County Public Works Director or designee being the main point of contract for all questions during the term of the contract.

Procedures and Miscellaneous Items

1. All questions shall be submitted in writing (e-mail is acceptable) and shall be communicated in the form of an addenda if the scope specifications are to be affected and posted on the County’s website under the bid information, all firms responding to this IFB should check the website before responding to this IFB.

2. All respondents to this IFB shall indemnify and hold harmless the Dawson County Board of Commissioners, and any of their officers and employees from all suits and claims alleged to be a result of this IFB. The issuance of this IFB constitutes only an invitation to present a proposal. The Dawson County Board of Commissioners reserves the right to determine, at its sole discretion, whether any aspect of a respondent's submittal meets the criteria in this IFB. The Dawson County Board of Commissioners also reserves the right to seek clarifications, to negotiate with any vendor submitting a response, to reject any or all responses with or without cause, and to modify the procurement process and schedule.

In the event that this IFB is withdrawn or the project canceled for any reason, the Dawson County Board of Commissioners shall have no liability to any respondent for any costs or expenses incurred in connection with this IFB or otherwise.

3. The IFB is subject to the provisions of the Dawson County Purchasing Policy and any revisions thereto, which are hereby incorporated into this IFB in their

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 13 | entirety except as amended or superseded herein.

4. Failure to submit all the mandatory forms from this IFB package shall be just cause for the rejection of the qualification package. However, Dawson County reserves the right to decide, on a case-by-case basis, in its sole discretion, whether or not to reject such a bid as non-responsive.

5. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last.

This shall not affect offers of discounts for payment less than 30 days, however.

6. In case of failure to deliver goods in accordance with the contract terms and conditions, Dawson County, after due oral or written notice, may procure substitute goods or services from other sources and hold the Vendor responsible for any resulting additional purchasing and administrative costs.

This remedy shall be in addition to any other remedies which Dawson County may have.

7. By submitting a qualification package, the vendor is certifying that they are not currently debarred from bidding on contracts by any agency of the State of Georgia, nor are they an agent of any person or entity that is currently debarred from submitting bids on contacts by any agency of the State of Georgia.

8. Any contract resulting from this IFB shall be governed in all respects by the laws of the State of Georgia and any litigation with respect thereto shall be brought in the courts of the State of Georgia. Then Vendor shall comply with applicable federal, state, and local laws and regulations.

9. It is understood and agreed between the parties herein that Dawson County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

10. Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. The cost for developing the submittal is the sole responsibility of the respondent.

Bonds Bid Bond – 5% Payment Bond – 100% Performance Bond – 100%

Determination of Successful Bidder The contract will be awarded to the lowest responsive, responsible Bidder, if awarded.

a. Responsibility The determination of the Bidder’s responsibility will be made by the County based on whether the Bidder:

- Maintains a permanent place of business.

- Has the appropriate technical experience, where applicable.

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 14 |

- Has adequate plant and equipment to do the work properly and expeditiously and has suitable financial means to meet obligations incidental to this work, where applicable.

- The Bidder shall furnish to the County, all such information and data for this purpose as the County may request.

b. Responsiveness The determination of responsiveness will be made by the County based on a consideration of whether the Bidder has submitted a complete proposal form without irregularities, excisions, special conditions, or alternative bids for any time unless specifically requested on the proposal form.

Final Selection Following review of all qualified offers, a recommendation will be made to the Dawson County Board of Commissioners by the project representative. Following Commission approval, the County will complete the contract process.

The Dawson County Board of Commissioners reserves the right to accept the response that is determined to be in the best interest of the County. The County reserves the right to reject any and or all proposals. It is the intent of the County to award all services to one (1) contractor; however, will award in a manner that is in the best interest of the County. The County reserves the right to award any combination or none of the tasks within this IFB.

End of this Section

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 15 |

Section III – General Terms Definitions Where used in the project manual, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine and feminine of the words and terms.

Acceptance Formal action of the Owner in determining that the Contractor's work has been completed in accordance with the contract and in notifying the Contractor in writing of the acceptability of the work.

Act of God A cataclysmic phenomenon of nature, such as a hurricane, earthquake, or abnormal flood. Rain, wind, high water, or other natural phenomenon which might reasonably have been anticipated from historical records of the general locality of the work shall not be construed as acts of God.

Addenda Supplemental written specifications or drawings issued prior to execution of the contract which modify or interpret the project by addition, deletion, clarification or corrections.

Bid Offer of a bidder submitted on the prescribed form setting forth the price or prices of the work to be performed.

Bidder Individual, partnership, corporation, or a combination thereof, including joint ventures, offering a bid to perform the work.

Contract The writings and drawings embodying the legally binding obligations between the Owner and the Contractor for completion of the work; Contract Documents attached to the Contract and made a part thereof as provided herein.

Contract Documents The Contract, Addenda (which pertain to the Contract Documents), Contractor’s Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award), the Notice to Proceed, the Bonds, these General Conditions, the Special Conditions, the Specifications and Drawings, together with all Written Amendments, Change Orders, Work Change directives, Field Orders, and Drawing submittals.

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 16 |

Contract Drawings The drawings which show the scope, extent, and character of the work to be furnished and performed by the Contractor and which have been prepared and reviewed by the Engineer/Architect/Architect and are referred to in the Contract Documents.

Contract Price Amount payable to the Contractor under the terms and conditions of the contract. Based on the price given on the bidding schedule, with adjustments made in accordance with the contract. The base amount given in the bidding schedule shall be either a lump sum bid or the summation of the unit price bids multiplied by the estimated quantities set forth in the bid form.

Contract Time Number of calendar days stated in the contract for the completion of the work or portions thereof.

Contractor The individual, partnership, corporation, or combination thereof, including joint ventures that enter into the contract with the Owner for the performance of the work. The term covers subcontractors, equipment and material suppliers, and their employees.

Contractor's Plant and Equipment Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the work, but not to be incorporated in the work. The Owner will make available to the Contractor, for his plant, equipment and storage, only the area indicated on the Site Plan within the limits of the work. The Contractor shall confine his operations to his allotted areas to avoid interference with the Building's normal and continued operation. The Contractor's and subcontractor's personnel shall not be permitted to park their cars on Owner's property except in the area designated for construction. The General Contractor shall see that this restriction is enforced.

Contract Technical Representative The day-to-day County Representative designated by the Owner.

County Owner.

Day Calendar day.

Defective An adjective which when modifying the word “work” refers to work, including but not limited to the furnishing of materials, that is unsatisfactory, faulty, deficient or performed in a non-workmanlike manner, in that it does not conform to or meet the requirements of the contract, any

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 17 | inspection, reference standard, test or approval referred to in the contract, or has been damaged prior to a recommendation of final payment.

Direct Action of the Owner by which the Contractor is ordered to perform or refrain from performing work under the contract.

Directive Written documentation of the actions of the Engineer/Architect/Architect or the Owner in directing the Contractor.

Engineer/Architect Whenever the word “Engineer/Architect” and/or “Architect” is used in the contract, it shall be understood as referring to the Engineer/Architect/Architect of the Owner, or such other Engineer/Architect/Architect, supervisor, or inspector as may be authorized by the Owner to act in any particular area of the contract or an employee of the Owner.

Equipment Mechanical, electrical, instrumentation, or other device with one or more moving parts, or devices requiring an electrical, pneumatic, electronic, or hydraulic connection.

Furnish To deliver to the job site or other specified location any item, equipment, or material.

Herein Refers to information presented in the project manual.

Holidays Legal holidays designated by the Owner.

Install Placing, erecting, or constructing complete in place any item, equipment, or material.

May Refers to permissive actions.

Owner Commissioner of Roads and Revenue Dawson County, Dawson County Board of Commissioners, Dawsonville, Georgia.

Person The term, person, includes firms, companies, corporations, partnerships, and joint ventures.

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 18 |

Project The undertaking to be performed under the provisions of the contract.

Project Manual Those contract documents prepared for bidding and as amended by addenda.

Provide Furnish and install, complete in place.

Punch List List of incomplete items of work and of items of work which are not in conformance with the contract. The list will be prepared by the Engineer/Architect when the Contractor (1) notifies the Engineer/Architect in writing that the work has been completed in accordance with the contract and (2) requests in writing that the Owner accept the work.

Shall Refers to actions by either the Contractor or the Owner and means the Contractor or Owner has entered into a covenant with the other party to do or perform the action.

Shown Refers to information presented on the drawings, with or without reference to the drawings.

Specifications That part of the contract documents consisting of written descriptions of the technical features of materials, equipment, construction system, standards, and workmanship. Titles of sections and paragraphs in these contract documents are introduced merely for convenience and shall not be taken as a complete segregation of the various unites of materials and labor.

Specify Refers to information described, shown, noted or presented in any manner in any part of the contract.

Submittals The information which is specified for submission to the Owner in accordance with this document.

Substantial Completion Sufficient completion of the project or the portion thereof to permit utilization of the project, or portion thereof for its intended purpose. Substantial completion requires not only that the work be sufficiently completed to permit utilization, but that the Owner can effectively utilize the substantially completed work. Determination of substantial completion is solely at the discretion of the Owner. Substantial completion does not mean complete in accordance with the contract nor shall substantial completion of all or any part of the project entitle the Contractor to acceptance under the contract.

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 19 |

Substantial Completion Date Date shown on the certificate of Substantial Completion.

Will Refers to actions entered into by the Contractor or the Owner as a covenant with the other party to do or to perform the action.

Work The labor, materials, equipment, supplies, services and other items necessary for the execution, completion and fulfillment of the contract.

Royalties and Patents The Contractor shall pay all royalties and license fees and assume all costs incident to the use in the performance of the work or the incorporation in the work of any invention, design, process, product, or device which is the subject of the patent rights or copyrights held by others. He shall defend all suits or claims for infringement of any patent rights and shall hold harmless the Owner, its officers, employees, and agents from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular manufacturer, product, or process is specified by the Owner and properly installed by the Contractor pursuant to the manufacturer’s specifications.

Permits and Regulations The Contractor shall obtain and pay for all construction permits, licenses, and easements of a temporary nature necessary for the prosecution of the work. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the work. The Contractor shall pay all charges of utility owners for connections to the work, and Owner shall pay all charges of such utility owners for capital costs related thereto. (See the table of “Required Permits” located in the “Project Technical Specifications- Special Conditions”)

The Contractor shall comply with all County, State, and Federal Laws, statutes, ordinances, rules and regulations applicable to furnishing and performance of the work.

Verbal Agreements No verbal agreement or conversation with any officer, agent, or employee of the Owner either before or after execution of this Contract shall affect or modify any of the terms of obligations contained in any of the documents comprising said Contract.

Lands of Work The Owner shall provide, as indicated on the drawings and not later than the date when needed by the Contractor, the Lands upon which the work under this Contract is to be done, rights-of-way for access to same, and such other lands which are designated on the drawing for the use of the Contractor. Any delay in the furnishing of these Lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract Price and time of completion.

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 20 |

The Contractor shall provide at his own expense and without liability to the owner any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials.

General Warranty and Guarantee Against Defective Work The Contractor shall warrant and guarantee the work required under this Contract for the period of time listed within Section II, C of this IFB from the date of Final Acceptance. The Contractor warrants and guarantees to Owner, that materials and equipment furnished under the Contract shall be of good quality and new unless otherwise required or permitted by the Contract Documents, that all work will be in accordance with the Contract Documents, and that all work will be of good quality, free from faults and defects. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Owner or the Engineer/Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

The Contractor’s obligation to perform and complete the work in a workmanlike manner, free from faults and defects and in accordance with the Contract Documents shall be absolute. The Contractor shall remedy, at his own expense, and without additional cost to the Owner, all defects arising from either workmanship or materials, as determined by the Owner, or Owner’s representative. The obligations of the Contractor under this Paragraph shall not include normal wear and tear under normal usage.

Bonds The Contractor shall furnish payment and performance bonds with good and sufficient surety or sureties acceptable to the Owner for the protection of persons furnishing materials or labor in connection with the performance of the work. The penal sum of such payment and performance bond will be 100% of the contract price. The bonds required hereunder will be dated as of the same date as the contract and will be furnished to the Owner at the time the contract is executed.

These bonds shall be issued from a company licensed to do business in Georgia and shall be signed or counter signed by a Georgia resident agent, and shall have proper Power of Attorney evidencing the authority of the individual signing the bond. Included with the Bonds shall be a signed Affidavit on the form provided herewith.

Contractor’s Insurance

A. Liability The Contractor shall maintain such insurance as will protect him from claims under workmen's compensation acts and from any other claims for damages to property, and for personal injury, including death, which may arise from operations under this contract, whether such operations be by himself or by any sub-contractor or anyone directly or indirectly employed by either of them.

Certificates of Insurance indicating that the successful proper has obtain such coverage, shall be filed with the Owner prior to the commencement by the successful proposer of the services. Such certificates shall be in form and substance reasonably acceptable to the

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 21 |

Owner, shall indicate that, except in respect to workers compensation insurance coverage and professional errors and omissions, Owner is an additional insured with respect to such coverage, and shall indicate that such coverage is primary and not contributory with any similar insurance purchased by the Owner. The certificates shall contain a provision that the insurer will endeavor, if allowed by the policy, to provide Owner with thirty (30) calendar day notice of nonrenewal, cancellation, or termination of the coverage. If the successful proposer receives a nonrenewal. cancellation, or termination notice from an insurance carrier affording coverage required herein, the successful proposer agrees to notify Owner by fax within two (2) business days with a copy of the nonrenewal, cancellation, or termination notice, or written specifications as to which coverage is no longer in compliance. Failure to comply with any of the provisions relating to insurance coverage herein shall be deemed a material breach if not cured. Certificates of such insurance shall be filed with the Owner. The contractor shall be responsible for providing adequate limits of insurance when working within property owned by railroads, as established by such railroad company.

B. Indemnity To the fullest extent permitted by laws, statutes, rules and regulations, the Contractor shall indemnify and hold harmless the County, Engineer/Architect, Engineer/Architect’s Consultants and the Officers, Directors, Employees, Agents, and other Consultants of each and any of them from and against claims, costs, damages, losses, and expenses, including but not limited to all fees and charges of Engineer/Architects, architects, attorneys and other professionals and all court costs, arising out of or resulting from performance of the work, but only to the extent caused in whole or in part by negligent, reckless, willful and wanton, or wrongful acts or omissions of the Contractor, its Officers, Directors, Employees, Agents, and anyone directly, or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder, except that no party shall indemnify any other party or person for their own sole negligence.

Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph.

Comprehensive General Liability -The successful Bidder shall exercise proper precaution at all times for the protection of persons and property. He shall carry approved insurance from insurance companies authorized to do business in Georgia and having an A.M.

Best’s rating of B+ or better with the following minimums:

- General liability insurance of at least One Million (1,000,000) Dollars (Combined Single Limit per occurrence) and Two Million (2,000,000) Dollars aggregate;

- Automobile insurance of at least One Million (1,000,000) Dollars (Combined Single Limit per accident for bodily injury or property damage);

- Worker’s Compensation Insurance as will protect potential bidder or offeror from Worker’s Compensation Acts

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 22 |

Liens Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver to the Owner a complete release of all claims or liens arising out of this Contract and an affidavit that so far as he has knowledge or information the release and receipts include all the labor and materials for which a lien or claim could be filed; but the Contractor may, if any Subcontractor refuses to furnish a release or receipt in full, furnish an additional bond satisfactory to the Owner, to indemnify the Owner against any claim or lien (in cases where such payment is not already guaranteed by Surety Bond). If any claim or lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay on discharging such a lien, including all costs and a reasonable attorney's fee.

Assignment The Owner shall have the right to reject the assignment or sub-letting of any portion of the Contract by the Contractor. Assigning or sub-letting the Contract shall not relieve the Contractor or his surety from any Contract obligations.

Joint Venture Contractor In the event the Contractor is a joint venture of two or more contractors, the grants, covenants, provisos and claims, rights, power, privileges and liabilities of the contract shall be construed and held to be several as well as joint. Any notice, order, direct request, or any communication required to be or that may be given by the Engineer/Architect to the Contractor under this contract, shall be well and sufficiently given to all persons being the Contractor if given to any one or more of such persons. Any notice, request, or other communication given by any one of such persons to the Engineer/Architect under this Contract shall also be given to the Owner and shall be deemed to have been given by and shall bind all persons being the Contractor.

Successors’ Obligations The grants, covenants, provisos and claims, rights, powers, privileges and liabilities obtained in the contract documents shall be read and held as made by and with, and granted to an imposed upon, the Contractor and the Owner and their respective heir, executors, administrations, successors and assigns.

Business License Contractors and subcontractors shall have a current Occupation Tax Certificate, and shall furnish certificate and license numbers prior to entering into a contract with the Owner.

Obligations and Liability of the Contractor The Contractor shall do all the work and furnish all the materials, tools, and appliances, except as herein otherwise specified, and everything necessary for properly performing and completing the work required by the Contract, in the manner and within the time specified. He shall complete the entire work to the satisfaction of the Owner, and in accordance with the Specifications and Plans herein mentioned, at the prices herein agreed upon and fixed therefore.

IFB #493-25 Labor and Materials to Repair Veterans Memorial Park Pavilion 23 |

All the work labor and materials to be done and furnished under this Contract shall be done and furnished strictly pursuant to, and in conformity with, the Contract Documents, and the directions of the Engineer/Architect as given from time to time during the progress of the work, under the terms of this contract.

All loss or damage arising out of the performance or nature of the work, or any damage to the work itself to be done under this contract or from any unforeseen obstruction or difficulties which may be encountered in the prosecution of the same, or from the action of the elements or from any cause or causes whatsoever, until the same shall have been finally accepted, shall be sustained and paid for by the Contractor.

The Contractor shall coordinate his operations with those of any other contractors who may be employed on other work of the Owner and shall avoid interference therewith and cooperate in the arrangements for storage of materials.

The Contractor shall conduct his work so as to interfere as little as possible with private business and public travel. He shall, at his own expense, wherever necessary, or required, maintain fences, furnish watchmen, maintain lights, and take such other precautions as may be necessary to protect life and property.

The Contractor shall take all responsibility for the work done under this Contract, for the protection of the work, and for preventing injuries to persons, and damage to property and utilities on or about the work.

He shall in no way be relieved of his responsibility by any rights of the Owner, its…