1-Solicitation Builder Forms.docx

BOND NO._______________________

KNOW ALL MEN BY THESE PRESENTS, that herein after called the PRINCIPAL, and a corporation duly organized under the laws of the State of having its principal place of business at

______________________________in the State of and authorized to do business in the State of Georgia as SURETY, are held and firmly bound unto Clayton County Water Authority, as OWNER, hereinafter called the OBLIGEE, in the amount of five percent (5%) of the Total Bid Amount for the payment for which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS BOND IS SUCH THAT:

WHEREAS, the Principal is herewith submitting his or its Bid for the 2026-GS-05 Lightning Protection System Inspection and Repair Services project, and said Bid, by reference thereto, being hereby made a part hereof.

WHEREAS, the PRINCIPAL contemplates submitting or has submitted a Bid to the OBLIGEE for the furnishing of all labor, materials (except those to be specifically furnished by the Owner), equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the Bid and the documents, titled: 2026-GS-05 Lightning Protection System Inspection and Repair Services.

WHEREAS, it was a condition precedent to the submission of said Bid that a cashier’s check, certified check, or Bid Bond in the amount of five percent (5%) of the Total Bid Amount be submitted with said Bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with the Owner for the performance of said Contract, within 10 consecutive calendar days after written notice having been given of the award of the Contract.

NOW THEREFORE, the conditions of this obligation are such that if the PRINCIPAL within 10 consecutive calendar days after written notice of such acceptance, enters into a written Contract with the OBLIGEE and furnishes a Performance Bond and Payment Bond in an amount equal to one hundred percent (100%) of the contract amount, satisfactory to the Owner, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the OBLIGEE and the SURETY herein agrees to pay said sum immediately upon demand of the OBLIGEE in good and lawful money of the United States of America, as liquidated damages for failure thereof of said PRINCIPAL.

Signed and sealed this_____________day of___________________20_______.

PRINCIPAL

By___________________________________

SURETY

REFERENCES

The bid must include at least three (3) references from separate, independent entities with similar experience within the past five (5) years. Each reference must provide a contact person, address, and phone number. The Clayton County Water Authority may not be listed as a reference.

COMPANY/GOV’T ENTITY NAME: ______________________________________________

COMPANY/GOV’T ENTITY NAME: ______________________________________________

COMPANY/GOV’T ENTITY NAME: ______________________________________________

COMPANY/GOV’T ENTITY NAME: ______________________________________________

COMPANY/GOV’T ENTITY NAME: ______________________________________________

Division 2 Bid Requirements Section 7: Contractor Affidavit and Agreement

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006

A. Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the Contractor understands and agrees that compliance with the requirements of O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-.02 are conditions of this Agreement. The Contractor further agrees that such compliance shall be attested by the Contractor through execution of the contractor affidavit required by Georgia Department of Labor Rule 300-10-1-.07, or a substantially similar contractor affidavit. The Contractor’s fully executed affidavit is attached hereto and is incorporated into this Agreement by reference herein.

B. By initialing in the appropriate line below, the Contractor certifies that the following employee-number category as identified in O.C.G.A. § 13-10-91 is applicable to the Contractor:

C. The Contractor understands and agrees that, in the event the Contractor employs or contracts with any subcontractor or subcontractors in connection with this Agreement, the Contractor shall:

1. Secure from each such subcontractor an indication of the employee-number category as identified in O.C.G.A. § 13-10-91 that is applicable to the subcontractor.

2. Secure from each such subcontractor an attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 by causing each such subcontractor to execute the subcontractor affidavit required by Georgia Department of Labor Rule 300-10-1-.08, or a substantially similar subcontractor affidavit. The Contractor further understands and agrees that the Contractor shall require the executed subcontractor affidavit to become a part of the agreement between the Contractor and each such subcontractor. The Contractor agrees to maintain records of each subcontractor attestation required hereunder for inspection by the Clayton County Water Authority at any time.”

Contractor

Authorized Signature:

Name:

Title:

Date:

CLAYTON COUNTY WATER AUTHORITY

1600 Battle Creek Road | Morrow, Georgia 30260

Phone: (770) 960-5880 | Web Site: www.ccwa.us

CONTRACTOR AFFIDAVIT AND AGREEMENT FORM

SECTION A – Project Information / Contractor’s Employee Status / General Attestations

Name of Project

☐ Contractor has less than eleven (11) employees

The undersigned contractor (“Contractor”) executes this Affidavit and Agreement Form (“Affidavit”) to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party with Clayton County Water Authority that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor acknowledges and agrees that Contractor will contract for the performance of services in satisfaction of the Project only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13-10-91. Contractor agrees to maintain such affidavits for inspection upon request of Clayton County Water Authority.

b) The Contractor acknowledges and agrees that this Affidavit is incorporated into any contract or purchase order for the Project and shall survive any renewal or extension thereof.

SECTION B – Contractor With Eleven (11) or More Employees (E-Verify Registration Required) (Complete Only If Applicable) By completing the information in this Section, the Contractor further attests as follows:

a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof;

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract;

*Enter Identification Number as Checked Above

*Date of Authorization/Issuance

*Legal Name of Contractor

*Name of Project

*Street Address, City, State, Zip Code

*Required Entries SECTION C – Contractor With Less Than Eleven (11) Employees (Complete Only If Applicable)

SECTION D – Execution (Completion Required by All) I hereby declare under penalty of perjury that the foregoing is true, correct, and complete. I understand and acknowledge that knowingly and willfully making a false, fictitious, or fraudulent statement or representation in this Affidavit constitutes a violation of O.C.G.A. § 16-10-20 and may subject the Contractor to criminal prosecution, termination of any Contract or Purchase Order, or both.

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

NOTARY PUBLIC

My Commission Expires

GUIDELINES & GENERAL INFORMATION

CONTRACTOR AFFIDAVIT AND AGREEMENT FORM

The following guidance is provided for informational purposes only and does not supersede, modify, or constitute a legal interpretation of Official Code of Georgia Annotated (O.C.G.A.) § 13-10-91. Contractors remain solely responsible for ensuring compliance with applicable law when completing the Affidavit and Agreement Form. In the event of any conflict between this guidance and the statute, the statute shall control.

Pursuant to O.C.G.A. § 13-10-91(b), a public employer (Clayton County Water Authority) shall not enter into a contract for the physical “performance of services” unless the contractor is registered with and participates in the federal work authorization program (E-Verify). Before any Solicitation, Purchase Order or Contract for such services is considered, the contractor must submit a signed and notarized affidavit. NOTE: A Purchase Order (PO) is considered a contract pursuant to O.C.G.A. § 13-10-91.

TOPIC 1: APPLICABILITY

These requirements apply to any contract or purchase order involving the physical performance of services exceeding $2,499.99.

“Physical performance of services” means any performance of labor or services for a public employer using a bidding process or by contract or purchase order and includes, but is not limited to:

· Routine operation, repair, and maintenance of facilities or office space;

· Services necessary for normal business operations (e.g., IT support, janitorial services, equipment repair); and

· Professional and consulting services.

TOPIC 2: CONTRACTOR AFFIDAVIT REQUIREMENT

· Contractors must submit a signed and notarized Contractor Affidavit and Agreement Form (“Affidavit”) confirming registration and participation in the federal work authorization program before contract award or purchase order issuance.

· If a contractor enters into multiple contracts with the public employer within a calendar year, a separate affidavit is required for each Contract and/or Purchase Order.

TOPIC 3: SUBCONTRACTORS

If the contractor intends to use subcontractors, the contractor is responsible for obtaining a signed and notarized affidavit from each subcontractor and ensuring compliance with O.C.G.A. § 13-10-91.

TOPIC 4: STATEWIDE CONTRACT VENDORS

· If the vendor is on a statewide contract, E-Verify information may be obtained from the supplier records maintained by the Georgia Department of Administrative Services (DOAS).

· In such cases, a separate affidavit is not required.

TOPIC 5: GENERAL COMPLIANCE GUIDANCE

· Public employers and contractors are encouraged to err on the side of caution.

· If there is uncertainty as to whether an affidavit is required, requesting one is acceptable and recommended to ensure compliance.

TOPIC 6: EXEMPTIONS

Contractors With Less Than Eleven (11) Employees

· Contractors with less than eleven (11) employees are not eligible to obtain an E-Verify number.

· The Clayton County Water Authority must document the contractor’s authorization to be in the United States by verifying acceptable identification, such as:

· A state-issued driver’s license from a state that verifies immigration status through its licensing or renewal process; or

· Other acceptable identification, including a U.S. passport or military ID.

Foreign Companies

· Foreign companies that do not have an E-Verify number are not required to submit information related to Title 13 of the O.C.G.A.

· If the foreign company or its personnel will enter the United States, the public employer must verify that the required authorization to enter the U.S. has been obtained.

Division 3 Contract Forms Section 4: Non-Collusion Certificate

STATE OF

, COUNTY OF

Personally appeared before the undersigned officer duly authorized by law to administer oaths who, after being first duly sworn, depose and say that they are all the officers, agents, persons or employees who have acted for or represented

, and that said in proposing or procuring the Contract with the Clayton County Water Authority on the following project:

has not by (himself, themselves) or through any persons, officers, agents or employees prevented or attempted to prevent by any means whatsoever competition in such bidding; or by any means whatsoever prevented or endeavored to prevent anyone from making a proposal therefore or induced or attempted to induce another to withdraw a bid for said work.

ATTEST:

By:

Bidder

By:

By:

Name

Name

Title:

Title:

Sworn to and subscribed before me this day of

, 20

Notary Public:

My Commission expires:

Division 3 Contract Forms Section 5: Certification of Absence of Conflict of Interest Required for each contract or arrangement to prepare or develop specifications or requirements (O.C.G.A. § 36-80-28) The undersigned Contractor (Consultant), who is entering into a contract or arrangement with the Clayton County Water Authority (CCWA) to prepare or develop specifications or requests for bids, requests for proposals, purchase order, or any other type of solicitation for CCWA, by signing below acknowledges and certifies to follow the requirements below:

(1) Contractor shall avoid any appearance of impropriety and shall follow all of CCWA’s policies and procedures related to the project.

(2) Contractor shall immediately disclose to CCWA any material transaction or relationship, including, but not limited to the Consultant, Consultant’s employees, agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, during the pendency of the contract or arrangement, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest.

(3) Contractor acknowledges that any violation or threatened violation of the agreement may cause irreparable injury to CCWA entitling CCWA to seek injunctive relief in addition to all other legal remedies.

Any person may bring an action to declare null and void any purchase in violation of this Code section or to seek injunctive relief and damages against a person who makes any type of solicitation in violation of this Code section.

DISCLOSURES (Write “N/A” if Non-Applicable):

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