ITB25-0091 Generator Refurbishment.pdf

Bid Net Direct

INVITATION TO BID

ITB25-0091

Generator Enclosure Refurbishment

1. BACKGROUND. The Henry County Water Authority, hereafter HCWA, seeks bids from highly qualified painting contractors to provide refurbishment of four (4) generator enclosures. Three (3) at the Indian Creek Water Reclamation Facility 1601 Lester Mill Rd, Locust Grove, GA 30248 and one (1) at the Upper Walnut Creek Lift Station 855 U.S. 23, McDonough, GA.

2. PREBID QUESTIONS. Any questions regarding this ITB shall be submitted digitally through HCWA’s Bid Net Direct page found on this link. Only questions submitted through this link will be evaluated and considered for an answer. Ian Ingram ian.ingram@hcwa.com, is the purchasing staff member assigned this solicitation. Only written bid documents, including addenda, posted to HCWA Bid Net page, are considered authoritative and binding on HCWA. Any verbal communications or communications with any person other than Ian Ingram is considered non-authoritative and is not binding on HCWA.

Communications with parties other than Ian Ingram, may result in a bid being deemed non-responsive and rejected.

HCWA will accept questions from potential bidders via our Bid Net Direct page. Questions should be submitted no later than the deadline found in Section 3, Schedule of Events of this Invitation. Questions received after the deadline may not be answered.

HCWA reserves the right to paraphrase, edit or summarize questions; to combine similar questions into a single question and to decline to answer questions deemed frivilous, irrelavant or otherwise not in HCWA’s best interest to answer.

All questions will be answered in the form of an addendum posted to HCWA’s Bid Net Page.

3. SCHEDULE OF EVENTS.

Indian Creek Water Reclamation Facility & Upper Walnut Creek Lift Station Pre-Bid Site Visit 09/24/25 10:00 AM 1601 Lester Mill Rd, Locust Grove, GA 30248 & 855 U.S. 23, McDonough, GA. 30253 (22-minute drive) Pre-Bid Site Visit 09/24/25 11:15 AM ITB release – 09/16/25 Deadline for Questions – 09/26/25 Estimated release of Q&A addendum – 10/01/25 Bids Due Via Bid Net –10/03/25 2:00 PM Estimated Notice of Award 10/06/25 Estimated Issuance of Notice to Proceed – 10/13/25

A PRE-BID SITE VISIT is Not Required But Recommended before submitting a bid; each contractor shall carefully examine the site, fully inform themselves of all existing conditions and limitations, and shall include in the bid the cost of all items required by the Contract Documents. The act of submitting a https://www.bidnetdirect.com/georgia/henrycountywaterauthority https://www.bidnetdirect.com/georgia/henrycountywaterauthority https://www.bidnetdirect.com/georgia/henrycountywaterauthority

Proposal is to be considered an acknowledgement by the Contractor that they have visited the sites and are familiar with the conditions and requirements affecting the work.

4. SCOPE OF WORK / SERVICES. The scope of services / work is included with this ITB as Exhibit A of the

Model Contract. All bidders must carefully review the scope. By submitting a bid, the bidder warrants and represents they have the equipment, manpower, expertise, experience, qualifications and licenses required to perform all services descripted in the scope of services.

5. MATERIALS AND WORKMANSHIP. The bidder warrants that all materials and services furnished under a contract awarded from this ITB shall be of high quality and shall meet all specifications of this ITB.

Furthermore, they should meet any and all standards established by the industry or professional standards for these services; and all standards required by applicable Federal, State or Local laws and regulations.

All shall be of good quality and workmanship free from defects, fit for the purpose intended in this ITB and in conformance with the bid documents. All materials and services not conforming to these requirements, including substitutions not properly approved and/or authorized, may be considered defective, and shall be promptly repaired or replaced by the Contractor at the Contractor’s sole cost, upon the demand of HCWA.

If required by HCWA, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

6. FEES AND BID FORM. The bid form / fee schedule for this ITB is included with this ITB as EXHIBIT B of the Model Contract.

All numbers must be filled in and the form must be signed. Where the form indicates extension of unit prices, time, and estimated quantities, all extensions must be calculated and entered. Where the form indicates summation of prices, the summation must be calculated and entered.

Please carefully review for math errors. Errors in math are grounds to deem a bid non-responsive and reject the bid.

Due to different phases of the project, the bidder must agree to honor their bid for six (6) months from the bid date.

7. PERMITTING AND FEES. If required, the contractor shall secure all permits required by Local laws and regulations including but not limited to, building, utility, and development permits or variances.

8. REFERENCES. Bidder must provide three (3) – five (5) references of work of similar scope and scale performed in the past three (3) – five (5) years. References must include the client name, address, phone number, email address, contact person, period services were provided and a brief description of the services. The reference form can be found as Attachment 5 and a sample client authorization letter is included as Attachment 6. Bidder should provide a client authorization letter, on the bidder’s letterhead, signed by the bidder, addressed to the client contact party.

9. SUBMISSION OF BIDS. Bidder must include the following:

Signed Bid Form List of References Client Authorization Letter for each reference Contractors Affidavit Sponsor of Drug Free Workplace Copies of any applicable licenses or certificates

Bids must be submitted via Bid Net Direct. Bids are due;

October 3rd 2:00 PM 2025

Late bids, or bids delivered to any other location or by any other method cannot be opened or considered.

It is the bidder’s responsibility to submit their bid on time, at the designated location or via the designated method. HCWA is not responsible for delays caused by USPS, a courier service, a package express service (UPS, Fed Ex), email / internet failures / outages, traffic, weather or any other cause.

10. GEORGIA IMMIGRATION AND SECURITY COMPLIANCE ACT. O.C.G.A. §13-10-91(b)(1) requires all contracts, with state and local agencies, calling for physical performance of services or the agency’s property, valued more than $2,499.99 must incorporate Contractor Affidavit under O.C.G.A. § 13-10- 91(b)(1). By signing and having this affidavit notarized the bidder attests they participate in the U.S.

Department of Homeland Security’s E-Verify program. Further, the contractor must require all subcontractors to provide the same affidavit. If a bidder / contractor has ten (10) or fewer employees they must provide the affidavit; however, they are not required to participate in E-Verify.

The Contractor Affidavit is included as Exhibit C of the Model Contract. The Sub Contractor Affidavit is included as Exhibit D of the Model Contract. Exhibit C must be signed, notarized and uploaded / returned with your bid.

11. SPONSOR OF DRUG FREE WORKPLACE. Bidder should complete and submit Sponsor of Drug Free Workplace Certificate with their bid.

The Certificate is included as Exhibit E of the Model Contract.

12. EVALUATION OF BIDS. HCWA intends to award a contract to the lowest responsible, responsive bidder meeting all specifications of the bid. Different contractors may be selected for each phase, a contractor may receive awards for multiple phases or a single contractor may receive a contract for the entire project.

Each phase may be performed consecutively or concurrently. Awarding a contract for one phase does not commit HCWA to award a contract for any other phase.

Determining which bids are responsible and responsive is solely at the discretion of HCWA. Factors may include but are not limited to references, experience, required licenses, required equipment and other factors determined important by HCWA.

It is HCWA’s policy not to award a contract to a firm we know to be in arrears for any fees, fines, taxes or penalties owed to HCWA, Henry County or any municipality in Henry County. By submitting a bid, the bidder represents they are not in arrears to HCWA, Henry County or any municipality in Henry County.

If a bidder is awarded a contract and HCWA discovers the bidder is in arrears, HCWA may cancel the contract and / or withhold payment and use any funds due to the bidder to settle the debt.

This ITB is issued as part of the LSMP. The LSMP requires at least three (3) registered companies in the LSMP submit bids. If HCWA receives fewer than three (3) bids from registered LSMP participants, HCWA has the right to: cancel this ITB and re-bid to all firms, cancel and not re-bid, or award a contract from the bids received.

13. AWARD OF CONTRACT. Upon completion of the evaluation, if HCWA determines a bidder is responsive and responsible, and an award of a contract is in HCWA best interest, HCWA will send a notice of award to the successful bidder. The ITB is issued as part of the LSMP. The LSMP registration application only requires an affidavit from the applicant to establish the size of the company. Upon receipt of the Notice of Award the bidder must provide copies of the past three (3) years of U.S. and Georgia tax returns, audited financial statements (if available) and other documents to verify the information in the application is correct.

A company that has provided this information for another bid or contract in the past two (2) years is exempt.

14. INSURANCE. HCWA’s insurance requirements are included as Exhibit F the Model Contract. Bidders must carefully review these requirements. If a bidder feels some of these requirements are not applicable to these services, the bidder must use the question and answer period to raise their objection. If HCWA determines the objection is valid and it is in HCWA’s best interest to do so, revised insurance requirements will be issued in an addendum. The bidder should review these requirements with their insurance agent and incorporate any costs into their bid. Once a Notice of Award is issued he bidder must provide Certificate of Insurance showing HCWA as an additional insured.

15. MODEL CONTRACT. Included with this ITB is the Model Contract HCWA expects the successful bidder to execute within ten (10) calendar days of the Notice of Award. All bidders should carefully review the Model Contract prior to submitting a bid. If a bidder feels any provision in the Model Contract is unreasonable, irrelevant, out of date, or places an undue burden or cost on the bidder or HCWA, the bidder must use the question and answer period to make any objection. If HCWA deems their objection is in best interest of HCWA, a revised Model Contract will be issued via addendum. By submitting a bid, the bidder agrees to execute the Model Contract as presented in this ITB or a subsequent addendum. If the successful bidder fails to execute the Model Contract within the allotted time, HCWA reserves the right to reject their bid and award to the next bidder. If a bid bond or other security is required, HCWA will exercise its rights to claim any such instrument of security. The Model Contract is included as Attachment 13.

16. DISCREPANCIES. Bidders are required to read this entire ITB (including the Contract, and specifications) in detail. HCWA has made every effort to prepare a complete and accurate set of documents.

Should a bidder find discrepancies in the plans and/or specifications or be in doubt as to the meaning or intent of any part thereof, the bidder shall request clarification from HCWA through Bid Net not later than ten (10) working days prior to the bid opening. Any changes to the ITB that result from such a clarification request, will be communicated through an addendum posted to Bid Net.

17. TERMS AND CONDITIONS OF THIS ITB AND RESERVATION OF RIGHTS.

All Responses and supporting materials, as well as correspondence relating to this ITB, become property of HCWA when received. Any proprietary information contained in the Response should be so indicated;

however, a general indication that the entire contents, or a major portion of the Response is proprietary will not be honored. The following terms and conditions shall also apply:

A. All applicable Federal and State of Georgia laws, Henry County ordinances, licenses and regulations of all agencies having jurisdiction shall apply to Bidders throughout and are incorporated herein.

B. Professionals requiring special licenses must be licensed in the State of Georgia, and shall be responsible for those portions of the work as may be required by law.

C. No Response shall be accepted from, and no contract will be awarded to, any person, firm, or corporation that (i) is in arrears to HCWA with respect to any debt, (ii) is in default with respect to any obligation to HCWA, or (iii) is deemed irresponsible or unreliable by HCWA.

D. HCWA shall be able to request of the Bidders satisfactory evidence that they have the necessary financial resources to accomplish the requirements of the ITB.

E. From the date this ITB is issued until a firm is selected, Bidders are not allowed to communicate with any staff or officials of HCWA regarding this procurement, except at the direction of Gene Smith, Purchasing Agent or Jeff Allen, Purchasing Manager for HCWA and procurement agent in charge of this solicitation.

Unless directed otherwise, all communications should be written (email). Any unauthorized contact may disqualify the Bidder from further consideration. Contact information for the single point of contact is as follows:

Ian Ingram | Procurement Specialist

F. The costs for developing and delivering Responses to this ITB and any subsequent presentations of the

Response as requested by HCWA are entirely the responsibility of the Bidder. HCWA is not liable for any expense incurred by the Bidder in the preparation and presentation of its Response.

G. While HCWA has every intention to make an award as a result of this solicitation, issuance of the ITB in no way constitutes a commitment by HCWA to award and execute a contract. Upon a determination such actions would be in its best interest, HCWA, in its sole discretion, reserves the right to:

• Cancel or terminate this ITB at any time. A notice of cancellation will be issued. If the ITB is cancelled, HCWA will not reimburse any Bidder for preparation of its Response. Responses may be returned upon request if unopened;

• Reject any or all Responses received,

• Make a contract award based directly on the Responses received in the best interest of HCWA, in its sole discretion, or enter into further discussions with one or more Bidders;

• Waive and/or amend any undesirable, inconsequential, or inconsistent provisions/specifications of this ITB which would not have significant impact on any response;

• Make partial award or no award if it is in the best interest of HCWA to do so.

• Terminate any contract if HCWA determines adequate funds are not available.

• Waive and/or amend any undesirable, inconsequential, or inconsistent provisions/specifications of this ITB which would not have significant impact on any bid;

• Terminate any contract for cause or convenience.

18. ADDENDA AND ADDITIONAL INFORMATION. All bidders are encouraged to check Bid Net Direct for updates and addenda. It is the responsibility of any firm submitting a bid to check the above link(s) frequently. Failure to acknowledge an addendum can be grounds to reject a bid.

19. FORMS AND DOCUMENTS

1. Scope of Services - Exhibit A of the Model Contract.

2. Bid Form - Exhibit B of the Model Contract.

3. List of References (Must be returned with the bid)

4. Client Authorization Letter

5. Contractor Affidavit under the Georgia Immigration and Security Compliance Act - Exhibit C of the

Model Contract (Must be returned with the bid)

6. Sub Contractor’s Affidavit under the Georgia Immigration and Security Compliance Act - Exhibit D of the Model Contract

7. Sponsor of Drug Free Workplace - Exhibit E of the Model Contract (Must be returned with the bid).

8. Insurance Requirements - Exhibit F of the Model Contract (Only returned by a successful bidder with their executed contract)

9. Corporate Certificate (Must be returned with the bid).

10. Response Signature and Certification (Must be returned with the bid)

11. CERTIFICATE OF NON-COLLUSION (Must be returned with bid)

LIST OF REFERENCES

Complete the following form for 3 – 5 references from the past 3 – 5 years.

Complete the following form for 3 – 5 references from the past 3 – 5 years.

References shall identify each client, a contact person and the client's mailing address and telephone number for similar projects done by the personnel to be involved in these projects. Preferably, one of the clients shall be a Georgia government agency.

Please use the form below. Please make additional copies for each reference. Additional sheets may be used to provide additional relevant information.

Company Name: _____________________________________________________________

Address: ____________________________________________________________________

City: ___________________ State: ___________________ Zip: _______________________

Contact Person: ______________________________________________________________

Email: ______________________________________________________________________

Telephone: __________________________________________________________________

When Work Was Performed: ____________________________________________________

Value of Project: ______________________________________________________________

Briefly Describe Scope of Work:

CLIENT AUTHORIZATION LETTER

A letter addressed to each reference on bidder’s letterhead must be included

Bidder Contact Name Bidder Company Name Address City, State Zip

Date

Client Contact Name Client Company Name Address City, State Zip

Dear Contact:

We are bidding on SERVICES at the Henry County Water Authority in McDonough, GA. As part of their bid evaluation process, we have been asked to provide references from our past and current clients. We have provided your name and contact information to Henry County Water Authority.

If their representatives contact you, please freely and openly discuss our services and performance.

Sincerely

Bidder Contact Name Bidder Company Name

CORPORATE CERTIFICATE

(Must be returned with bid)

I, _________________, certify that I am the Secretary of the company named as Offeror in the foregoing Response;

that __________________________, who signed said Response on behalf of the Offeror, was then

(title)__________________ of said company; that said Response was duly signed for and on behalf of said company by authority of its Board of Directors, and is within the scope of its corporate powers; that said company is organized under the laws of the State of Georgia.

This _____________ day of ___________________________, 2024.

(Signature)

(Seal)

RESPONSE SIGNATURE AND CERTIFICATION

I certify that this Response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Response (“Offeror”) for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the Response and certify that I am authorized to sign this Response for Offeror. I further certify that the provisions of O.C.G.A. § 45-10-20, et seq. have not been violated and will not be violated in any respect.

Authorized Signature for Offeror: ________________________________________________________

Date: ______________________

Print/Type Name: ____________________________________________________________________

Print/Type Offeror Name Here: ____________________________________________________________

CERTIFICATE OF NON-COLLUSION

By responding to this solicitation, the Offeror understands and agrees to the following:

1. That the submitted response constitutes an offer, which when accepted in writing by the Henry County Water Authority, and is subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the Henry County Water Authority; and

2. That the Offeror has read the specifications and requirements shown or referenced in the solicitation and that the Offeror’s response is made in accordance with the provisions of such specifications and requirements except as expressly stated otherwise in the Offeror’s response; and

3. That the Offeror guarantees and certifies that all items included in the Offeror’s response meet or exceed any and all such stated specifications and requirements of the solicitation except as expressly stated otherwise in the Offeror’s response; and

4. That, if awarded a contract, the Offeror will deliver goods and/or services that meet or exceed the specifications and requirements of the solicitation except as expressly stated otherwise in the Offeror’s response; and

5. That the response submitted by the Offeror shall be valid and held open for a period of one hundred and twenty (120) days (or such other time period as identified in the solicitation) from the final solicitation closing date and that the response may be held open for an additional period of time subject to the Offeror’s consent; and

6. That the Offeror’s response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. The Offeror understands and agrees that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards; and

7. That the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et seq.

have not been violated and will not be violated in any respect.

DO NOT MODIFY THE BID/PROPOSAL CERTIFICATION TERMS IN ANY WAY. THIS FORM MUST BE

COMPLETED, SIGNED AND SUBMITTED WITH YOUR RESPONSE.

Offeror’s Full Legal Name:

(PLEASE TYPE OR PRINT)

Authorized Signature:

Printed Name and Title of Person

Signing:

Date:

Company Address:

FAX Number:

Email Address:

SCOPE OF WORK EXHIBIT A

Henry County Water Authority is soliciting bids for the refurbishment of four (4) generator enclosures located at the Indian Creek and Upper Walnut Creek facilities. The project includes refurbishment of four generator enclosures located at Indian Creek and Upper Walnut Creek. The work consists of cleaning, surface preparation, patch repairs, sealing, and painting of generator enclosures. This work is intended to extend the service life of the generators by addressing corrosion and deterioration issues.

The scope of work includes, but is not limited to:

• Cleaning and surface preparation of all generator enclosure exteriors.

• Rust removal, sanding, and priming of affected surfaces.

• Metal patch repairs at locations where corrosion has caused deterioration.

• Sealing of joints and resealing areas where joint tape is present.

• Application of protective coatings and painting of the entire exterior enclosure surface.

• Work includes pressure washing, sanding, and priming all exterior rust.

• EXCLUSIONS: Work does not include interior clean up or repair of generator enclosures

ITB25-0091- Refurbishment of four (4) generator enclosures. Three (3) at the Indian Creek Water Reclamation Facility and one (1) at the Upper Walnut Creek Lift Station.

TOTAL LUMP SUM TOTAL; CONSTRUCTION,

INSTALATION COST;

(BID): ($

Total (in figures Dollars & Cents)

The Contractor agrees to provide necessary equipment, service and supplies described above and in the contract specifications under the conditions outlined in attached documents for the amount stated above.

Note: Contractor must sign the appropriate statement below, as applicable:

The Contractor understands and agrees to all terms, conditions, requirements, specifications and all said Provisions in Attached Appendix 1. Contract stated herein.

Firm:

Signature:

Title:

Address:

Phone No.: Fax No.:_

E-mail Address:

ATTEST:

Signature: Date:

Name (printed (NOTARYSEAL)

Firm:

Signature:

Specify payment terms if other than Net 30”:

NO BID IS COMPLETE WITHOUT THIS EXECUTED DOCUMENT.

Contractor agrees, if their Bid is accepted by HCWA, that Signature provided on this Bid constitutes their agreement to execute the Contract. Contractor hereby give HCWA permission to use the inspection finding to solicit for quotes with prices redacted if deemed necessary.

Appendix 3

CERTIFICATION OF SPONSOR

DRUG-FREE WORKPLACE

(TO BECOME EXHIBIT C OF THE AGREEMENT)

I hereby certify that I am a principle and duly authorized representative of

, (“Contractor”), whose address is

, , , and I further certify that:

(1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia

Annotated, relating to the “Drug-Free Workplace Act” have been complied with in full; and

(2) A drug-free workplace will be provided for Contractor’s employees during the performance of the Agreement; and

(3) Each Subcontractor hired by Contractor shall be required to ensure that the subcontractor’s employees are provided a drug-free workplace. Contractor shall secure from that subcontractor the following written certification: “As part of the subcontracting agreement with Contractor, certifies to Contractor that a drug-free workplace will be provided for the Subcontractor’s employees during the performance of this Agreement pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia Annotated, Section 50-24-3”; and

(4) The undersigned will not engage in unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the

Agreement.

CONTRACTOR:

Signature

Name:

Title:

Appendix 4

(TO BECOME EXHIBIT D OF THE AGREEMENT)

CONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm or corporation (insert company name), which is contracting with the Henry County Water Authority has registered with and is participating in federal work authorization program [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

The undersigned further agrees that, should it employ or contract with any sub- Contractor(s) in connection with the physical performance of services pursuant to this contract with the Henry County Water Authority, Contractor will secure from such sub- Contractor(s) similar verification of compliance with O.C.G.A. 13-10-91 on the Sub Contractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form.

Contractor further agrees to maintain records of such compliance and to provide a copy of each such verification to the Henry County Water Authority at the time the sub- Contractor(s) is retained to perform such service.

EEV/Basic Pilot Program User Identification Number

BY: Authorized Officer or Agent Date

Contractor Name

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE

DAY OF , 20

Notary Public

My Commission Expires:

Appendix 5

Insurance Requirements

INSURANCE REQUIREMENTS

(FROM APPENDIX 5 OF ITB25-0091)

Where work is to be performed on HCWA property, including right of ways and easements Seller shall, at their own expense maintain the following insurance:

TYPE OF INSURANCE

MINIMUM ACCEPTABLE LIMITS OF LIABILITY

1. Commercial General Liability

Per Occurrence $1,000,000.00

B. Fire and Legal Liability (any one fire) $50,000.00

C. Medical Expense (any one person) $5000.00

D. Personal and Advertising Injury 1,000,000.00

E. General Aggregate $2,000,000.00

F. Product- COMP/OP AGG $1,000,000.00

2. Automobile Liability $1,000,000.00

3. Workers Compensation $500,000.00

A. Each Accident $500,000.00

B. Each Employee-disease $500,000.00

C. Policy Aggregate-disease $500,000.00

4. Umbrella Excess Liability (over primary) $3,000,000.00

5. Professional (Errors and Omissions) Insurance (For all professional services and design build. Also required for all construction where interpretation of drawings, plans and specifications is included in the scope of work or required to complete the scope of work.)

$3,000,000.00

Upon request from the HCWA Purchasing Department Seller may be required to provide a certificate of insurance.

Notes:

A. Commercial General Liability seller agrees to include HCWA as an additional insured on a primary and non-contributory basis. The additional insured status applies to premises, operations, products completed operations, personal injury and advertising injury and liability assumed under an insured contract.

B. Auto Liability seller agrees to include HCWA as an additional insured.

C. Umbrella Liability seller agrees to include HCWA as an additional insured on a following form basis.

D. Seller agrees to provide Waiver of Rights of Recovery against Others to Us in favor of HCWA on all liability policies shows above.

Object

SERVICE AGREEMENT

This Agreement (hereinafter “Agreement”) is made this 03rd day of October, 2025 by and between ______________ (hereinafter “Contractor”) located at __________, _______ and the Henry County Water Authority, (hereinafter “HCWA”).

WITNESSETH:

WHEREAS, Contractor is engaged in the business of providing painting services; and

WHEREAS, HCWA has a need to acquire the services described in the painting services attached hereto as Exhibit A (hereafter “Services”); and

WHEREAS, Contractor is willing and able to render the Services and wishes to perform the Services for HCWA; and

WHEREAS, HCWA wishes to acquire the Services from Contractor;

NOW, THEREFORE, in consideration of the mutual terms, conditions and covenants set forth herein, the parties hereto agree as follows:

1. Scope of Service. Contractor hereby agrees to render the Services to HCWA as set forth in the Scope of Service attached hereto as Exhibit A and incorporated herein by reference. Contractor agrees to perform the Services at the direction of the Department Manager James Cook, in the manner and to the extent required by the parties herein, as may be amended hereafter in writing by mutual agreement of the parties.

2. Performance of Services. Contractor shall execute the Work in a diligent and workman like manner and shall immediately inform HCWA of any delays or unexpected conditions.

3. Compensation and Fees. As consideration for the Services, HCWA shall pay to Contractor the fee described in Exhibit B attached hereto and incorporated herein by this reference.

4. Manner of Payment. Contractor shall, on a monthly basis, prepare and submit to the

HCWA Finance Department, via email in PDF format to accountspayable@hcwa.com with a copy to:

whitney.matthewa@hcwa.com an invoice, indicating work performed and approved and additional reimbursable expenses incurred during the applicable time period, together with such supporting documentation as may be required by HCWA. Each compliant invoice shall be paid within thirty (30) days after submission of an invoice.

5. Relationship of Parties. Nothing contained herein shall be deemed to create any relationship other than that of independent contractor between HCWA and Contractor. This Agreement shall not constitute, create, or otherwise imply an employment, joint venture, partnership, agency or similar arrangement between HCWA and Contractor. It is expressly agreed that Contractor is acting as an independent Contractor and not as an employee in providing the Services under this Agreement.

a. Employee Benefits. Contractor shall not be eligible for any benefit available to employees of HCWA including, but not limited to, workers’ compensation insurance, state disability insurance, unemployment insurance, group health and life insurance, vacation pay, sick pay, severance pay, bonus plans, pension plans, or savings plans.

b. Payroll Taxes. No income, social security, state disability or other federal or state payroll tax will be deducted from payments made to Contractor under this Agreement.

mailto:accountspayable@hcwa.com

Contractor shall be responsible for all FICA, federal and state withholding taxes and workers’ compensation coverage for any individuals assigned to perform the Services for

HCWA.

6. Term of the Agreement. This Agreement shall commence with its execution and shall continue for term of _90_ calendar days.

7. Termination. Either party shall have the right to terminate this Agreement if the other party is in default of any obligation hereunder and such default is not cured within ten (10) calendar days of receipt of a notice from the other party specifying such default. “Default” shall mean:

a. If HCWA fails to make payments when due or fails to perform or observe any of its duties or obligations under the terms of this Agreement;

b. If Contractor fails to perform or observe any of its duties or obligations under the terms of this Agreement;

c. If HCWA or Contractor shall have made any warranty or representation in connection with this Agreement which is found to have been false at the time such warranty or representation was made and is materially harmful to the other party.

d. This Agreement may also be terminated by either party by giving written notice thirty

(30) days prior to the effective date of termination.

e. If this Agreement is terminated pursuant to this paragraph, Contractor shall be exclusively limited to receiving only compensation for the work performed and appropriately documented to and including the effective date identified in the written termination notice.

8. Termination of Services and Return of Property. Upon the expiration or earlier termination of this Agreement, Contractor shall immediately (except if termination is provided pursuant to paragraph 8.d. and then on the effective date of termination) terminate the Services hereunder and shall deliver promptly to HCWA all property relating to the Services and any Work Product (as defined below), patents or copyrights covered by this Agreement. “Work Product” shall include, but not be limited to, all hardware and software, written, graphical, and recorded material, and any copies, abstracts or summaries thereof.

9. Standard of Performance and Compliance with Applicable Laws. Contractor warrants and represents that it possesses the special skill and professional competence, expertise and experience to undertake the Services and the obligations imposed by this Agreement. Contractor agrees to perform in a diligent, efficient, competent and skillful manner commensurate with the same degree of competence, skill, and judgment as others in the same field and the same locality, and to otherwise perform as is necessary to undertake the Services required by this Agreement, including the requirements set forth in the Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) attached hereto as Exhibit C, Sub-Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) attached hereto as Exhibit D, Certification of Sponsor Drug Free Workplace attached hereto as Exhibit F and agrees to execute and provide such certifications to HCWA, which are incorporated into and made a part of this Agreement. Contractor warrants and represents that it will, at all times, observe and comply with all federal, state, and local laws, ordinances, rules, regulations, relating to the provision of the Services to be provided by Contractor hereunder or which in any manner affect this Agreement.

10. Warranty. Contractor warrants that all articles and services covered by this Agreement will conform to drawings, specifications, or samples and will be merchantable and of good material design and workmanship• free from all defects, and suitable for the use intended. All articles and services will be subject to HCWA's inspection and rejection. Defective articles may be returned to the Contractor for full credit or replacement at the Contractors risk and expense, including transportation charges both ways: but no defective articles shall be replaced without formal replacement order signed by the HCWA. Defective services shall be corrected at Contractors expense.

11. Conflicts of Interest. Contractor warrants and represents that:

a. The Services to be performed hereunder will not create an actual or apparent conflict of interest with any other work it is currently performing; and

b. Contractor is not presently subject to any agreement with any other party that will prevent Contractor from performing in full accord with this Agreement; and

c. Contractor is not subject to any statute, regulation, ordinance or rule that will limit its ability to perform its obligations under this Agreement; and

d. Contractor shall be free to accept other work during the term hereof; provided, however, that such other work shall not interfere with the provision of Services hereunder.

12. Proprietary Information; Non-Solicitation. Contractor acknowledges that it may have access to and become acquainted with confidential and other information proprietary to HCWA including, but not limited to, information concerning HCWA, its operations, customers, citizens, business and financial condition, as well as information with respect to which Contractor has an obligation to maintain confidentiality (collectively referred to herein as “Proprietary Information”). Contractor agrees not to disclose, directly or indirectly, to anyone or to use or to allow others to use, for any purpose whatsoever, any Proprietary Information of any type, whether or not designated confidential or proprietary, acquired in the course of performing under this Agreement. The obligations of Contractor under this section shall survive the termination of this Agreement.

13. Indemnification. Contractor agrees to release, defend, indemnify, and hold harmless HCWA and all of its officers, agents, and employees, against any and all claims for damages, costs, and expenses (including attorney’s fees) of persons or property that may arise out of, or be occasioned by, any act or omission whatsoever of the Contractor; any agent, servant, sub-contractor, or employee of the Contractor; or third party without regard to whether the act or omission involves in any way real or personal property owned by the HCWA or involves officers, employees, or agents of HCWA or any other persons under the direction of officers, employees, or agents of HCWA.”

14. Insurance. Insurance requirements are attached hereto as Exhibit E and incorporated herein by this reference.

15. Assignment. Contractor shall not assign this Agreement or the rights and obligations created herein without the prior expressed written consent of HCWA. Any attempted assignment by Contractor without the prior expressed written approval of HCWA may, at HCWA’s sole option, result in the termination of this Agreement without any notice to Contractor of such termination.

16. Notices. All notices or other communications required or permitted to be given under this

Agreement shall be in writing and shall be deemed to have been duly given when delivered personally in hand, or when mailed by an accountable delivery method such as UPS Letter, Fed Ex Letter or USPS certified mail, return receipt requested with proper postage prepaid, addressed to the appropriate party at the following address or such other address as may be given in writing to the parties:

If to HCWA: With copies to: And:

Henry County Water Authority Attn: Pat Hembree 1695 Hwy 20 West McDonough, GA 30253

Attn: Chief Financial Officer 1695 Hwy 20 West

Attn: Purchasing Manager 1020 Industrial Parkway

If to Contractor: With copies to: And:

Contractor Contact, Title

Address

City, State, Zip

City, State, Zip

City, State, Zip

17. Governing Law and Consent to Jurisdiction. This Agreement is made and entered into in the State of Georgia and this Agreement and the rights and obligations of the parties hereto shall be governed by and construed according to the laws of the State of Georgia without giving effect to the principles of conflicts of laws. The Superior Court of Henry County, Georgia shall have jurisdiction over any disputes arising out of this Agreement.

18. Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate or be construed to constitute a waiver of any subsequent breach or violation of the same or other provision thereof.

19. Disputes. No civil action with respect to any dispute, claim or controversy arising out of or relating to this Agreement may be commenced without first giving fourteen (14) calendar day’s written notice to HCWA of the claim and the intent to initiate a civil action.

20. Severability. If any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the Agreement, which shall remain in full force and effect, and enforceable in accordance with its terms.

21. Entire Agreement. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior discussions, representations and understandings, whether oral or written.

22. Headings. This Agreement shall not be interpreted by reference to any of the titles or headings to the sections or paragraphs of this Agreement, which have been inserted for convenience purposes only and are not deemed a part hereof.

23. Exclusion of Internet Content. Website links and anything contained on the link, including links contained in any Exhibit incorporated in this Agreement, shall not govern, alter, control or otherwise affect the provisions of this Agreement and shall be of no force or effect in the construction or interpretation of this Agreement.

24. Third Party Infringement and Intellectual Property Indemnification. Contractor warrants and represents that it has the rights to use and or license all products, software, equipment and services provided under this Agreement and also warrants and represents that no products, software, equipment or services infringes on the copyright, trademark, patent or other rights of a third party. Contractor further agrees to defend and save harmless HCWA against any claims brought by a third party including, without limitation, reasonable attorneys' fees and costs, arising out of or in connection with a claim that the software, products, equipment and services used in the scope of this Agreement violated a third party’s trademark, copyright, patent or other rights. This provision shall survive the completion, termination, cancellation or expiration of this Agreement.

25. Surety Bonds (if applicable)

A. The Contractor shall furnish separate performance, payment bonds and maintenance bonds to HCWA. Each bond shall set forth a penal sum in an amount not less than the Contract Price. Each bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price is adjusted by Change Order executed by the Contractor, the penal sum of both the performance bond, the payment bond and the maintenance shall be deemed increased by like amount. The performance and payment bonds furnished by the Contractor shall be written in the forms included with this Contract as EXHIBIT G Payment Bond, EXHIBIT H Performance Bond and EXHIBIT I Maintenance Bond and shall be executed by a surety, or sureties, reasonably suitable to HCWA. Bonds shall be issued by a corporate surety appearing on the Treasury Department’s most current list (Circular 570, as amended) and be authorized to do business in the State of Georgia.

The date of the bond must not be prior to the date of the Agreement. If the Contractor is a partnership, all partners shall execute the bond.

B. It is mutually agreed by the parties hereto that if at any time after execution of this

Agreement and the surety bonds for its faithful performance, HCWA shall deem the surety or sureties upon such bonds to be unsatisfactory, or if for any reason such bonds cease to be adequate to cover the performance of the Work, the Contractor shall, at its expense, within five (5) days after receipt of notice from HCWA to do so, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to HCWA. In such event, no further payment to the Contractor shall be deemed due under this Agreement until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to HCWA.

26. Counterparts. This Agreement may be executed in one or more counterparts, all of which together shall be deemed to constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized agents, have signed this Agreement.

HENRY COUNTY WATER AUTHORITY

By: ______________________________________ _____________________________ Date of Execution

Typed or Printed Name

Title

CONTRACTOR OR VENDOR NAME

By: _______________________________________ ________________________________ Name Date of Execution

Typed or Printed Name

Title

Witness

This Agreement to be executed in two (2) originals.

EXHIBITS

EXHIBIT A SCOPE OF WORK / SERVICE Scope of Work (Appendix 1 Of ITB25-0091)

EXHIBIT B FEE SCHEDULE

EXHIBIT C CONTRACTOR AFFIDAVIT Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)

(Appendix 4 from ITB25-0091)

EXHIBIT D SUB-CONTRACTOR AFFIDAVIT

EXHIBIT E INSURANCE REQUIREMENTS

EXHIBIT F DRUG FREE WORKPLACE Certification of Sponsor Drug-Free Workplace

Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) (Appendix 3 from ITB25-0091) EXHIBIT G PAYMENT BOND (If Applicable) EXHIBIT H PERFORMANCE BOND (If Applicable) EXHIBIT I MAINTENANCE BOND (If Applicable)

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT B

FEE SCHEDULE

EXHIBIT C

CONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm or corporation ______________________________(insert company name), which is contracting with the Henry County Water Authority has registered with and is participating in federal work authorization program [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

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

EEV/Basic Pilot Program User Identification Number

BY: Authorized Officer or Agent Date

Contractor Name______________________________________________________

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE

______ DAY OF _____________________, 20______

My Commission Expires: ________________________

EXHIBIT D

SUB-CONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm or corporation ______________________________(insert company name), which is contracting with the Henry County Water Authority has registered with and is participating in federal work authorization program [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

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

EEV/Basic Pilot Program User Identification Number

BY: Authorized Officer or Agent Date

Contractor Name______________________________________________________

Title of…