26114_A RFQ.pdf

GENERAL TERMS AND CONDITIONS

RFQ 26114-A: 78% Sulfuric Acid NSF, Copper Sulfate, and Sodium Silica Fluoride

1. Definitions: The term “contractor” as used in these Terms and Conditions shall be used synonymously with the term “successful responder.” The term “County” shall mean Fayette County, Georgia.

2. Quote is Offer to Contract: Each quote constitutes an offer to become legally bound to a contract with the County, incorporating the request for quote and the responder’s quote. The binding offer includes compliance with all terms, conditions, special conditions, specifications, and requirements stated in the request for quote, except to the extent that a responder takes written exception to such provisions. All such terms, conditions, special conditions, specifications, and requirements will form the basis of the contract. The responder should take care to answer all questions and provide all requested information, and to note any exceptions in the quote submission. Failure to observe any of the instructions or conditions in this request for quote may result in rejection of the quote.

3. Binding Offer: To allow sufficient time for a contract to be awarded, each quote shall constitute a firm offer that is binding for ninety (90) days from the received by date until the date of contract award, unless the responder takes exception to this provision in writing.

4. References: Include with your quote a list of three (3) jobs that your company has done that are of the same or similar nature to the work described in this request for quote, on the form provided. Include all information as requested on the form.

5. Preparation Costs: The responder shall bear all costs associated with preparing the quote.

6. More Than One Quote: Do not submit alternate quotes or options, unless requested or authorized by the County in the request for quote. If a responder submits more than one quote without being requested or authorized to do so, the County may disqualify the quotes from that responder, at the County’s option.

7. Defects or Irregularities: The County reserves the right to waive any defect or irregularity in any quote received. In case of an error in extension of prices or totals in the quote, the unit prices shall govern.

8. Prices Held Firm: Prices quoted shall be firm for the period of the contract, unless otherwise specified in the quote. All prices for commodities, supplies, equipment, or other products shall be quoted FOB Destination, Fayette County or job site.

9. Quantities are Estimates: Quantities listed herein are estimates for the period specified. This will be an indefinite-quantity type contract, with County requirements fulfilled on an “as ordered” basis. No guarantee to purchase the amounts shown is intended or implied. The County reserves the right to order larger or smaller quantities at the prices stated in the quote.

10. Responder Substitutions: Responders offering substitutions or deviations from specifications stated in the request for quote, shall list such substitutions or deviations on the “Exceptions to Specifications” sheet provided, or on a separate sheet to be submitted with the quote. The absence of such list shall indicate that the responder has taken no exception to the specifications. The evaluation of quotes and the determination as to equality and acceptability of products or services offered shall be the responsibility of the County.

11. Non-Collusion: By responding to this request for quote, the responder represents that the quote is not made in connection with any competing responder, supplier, or service provider submitting a separate response to this request for quote and is in all respects fair and without collusion or fraud.

12. Ethics – Disclosure of Relationships: Before a proposed contract in excess of

$10,000.00 is recommended for award to the Board of Commissioners or the County Administrator, or before the County renews, extends, or otherwise modifies a contract after it has been awarded, the contractor must disclose certain relationships with any County Commissioner or County Official, or their spouse, mother, father, grandparent, brother, sister, son or daughter related by blood, adoption, or marriage (including in-laws). A relationship that must be reported exists if any of these individuals is a director, officer, partner, or employee, or has a substantial financial interest the business, as described in Fayette County Ordinance Chapter 2, Article IV, Division 3 (Code of Ethics).

If such relationship exists between your company and any individual mentioned above, relevant information must be presented in the form of a written letter to the Director of Purchasing. You must include the letter with any bid, proposal, or price quote you submit to the Purchasing Department.

In the event that a contractor fails to comply with this requirement, the County will take action as appropriate to the situation, which may include actions up to and including rejection of the bid or offer, cancellation of the contract in question, or debarment or suspension from award of a County contract for a period of up to three years.

13. Evaluation: Award will be made to the lowest responsive, responsible responder, taking into consideration payment terms, vendor qualifications and experience, quality, references, any exceptions listed, and/or other factors deemed relevant in making the award. The County may make such investigation as it deems necessary to determine the ability of the responder to perform, and the contractor shall furnish to the County all information and data for this purpose as the County may request. The County reserves the right to reject any item, any quote, or all quotes, and to re-solicit for pricing.

14. Payment Terms and Discounts: The County’s standard payment terms are Net 30. Any deviation from standard payment terms must be specified in the resulting contract, and both parties must agree on such deviation. Cash discounts offered will be a consideration in awarding the quote, but only if they give the County at least 15 days from receipt of invoice to pay. For taking discounts, time will be computed from the date of invoice acceptance by the County, or the date a correct invoice is received, whichever is the later date. Payment is deemed made, for the purpose of earning the discount, on the date of the check.

15. Trade Secrets – Internal Use: In submitting a quote, the responder agrees that the

County may reveal any trade secret materials contained in the quote to all County staff and officials involved in the selection process, and to any outside consultant or other third parties who may assist in the selection process. The responder agrees to hold harmless the County and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material which the responder has designated as a trade secret.

16. Contract Execution & Notice to Proceed: After an award is made, and all required documents are received by the County, and the contract is fully executed with signature of both parties, the County will issue a written Notice to Proceed. The County shall not be liable for payment of any work done or any costs incurred by any responder prior to the County issuing the Notice to Proceed.

17. Term of Contract: The term of this agreement shall begin July 1, 2026 and continue for a period of one year through June 30, 2027. Thereafter, this agreement may be renewed by the County for two additional one-year renewal terms (each a “Renewal Term” and together with the Initial Term, the “Term”), which renewal will be by letter or other written correspondence from the County to the contractor ninety (90) days prior to expiration of the Initial Term or the then-current Renewal Term. If the County fails to provide notice of renewal, this Agreement will terminate at the end of the Initial Term or the then-current Renewal Term. This agreement is subject to the multi-year contractual provisions of O.C.G.A. 36-60-13(a).

18. Unavailability of Funds: This contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the County under the contract.

19. Insurance: The contractor shall procure and maintain the following insurance, to be in effect throughout the term of the contract, in at least the amounts and limits as follows:

a. General Liability Insurance: $1,000,000 combined single limit per occurrence, including bodily and personal injury, destruction of property, and contractual liability.

b. Automobile Liability Insurance: $1,000,000 combined single limit each occurrence, including bodily injury and property damage liability.

c. Worker’s Compensation & Employer’s Liability Insurance: Workers Compensation as required by Georgia statute.

Before a contract is executed, the Certificates of Insurance for all required coverage shall be submitted. The certificate shall list an additional insured as follows:

Fayette County, Georgia 140 Stonewall Avenue West Fayetteville, GA 30214

20. Unauthorized Performance: The County will not compensate the contractor for work performed unless the work is authorized under the contract, as initially executed, or as amended.

21. Assignment of Contract: Assignment of any contract resulting from this request for quotes will not be authorized, except with express written authorization from the County.

22. Indemnification: The contractor shall indemnify and save the County and all its officers, agents, and employees harmless from all suits, actions, or other claims of any character, name and description brought for or on account of any damages, losses, or expenses to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the contractor or other persons employed or utilized by the contractor in the performance of the contract. The contractor shall pay any judgment with cost which may be obtained against the County growing out of such damages, losses, or expenses.

23. Severability: The invalidity of one or more of the phrases, sentences, clauses, or sections contained in the contract shall not affect the validity of the remaining portion of the contract. If any provision of the contract is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision to the extent that the provision is unenforceable. In such case, the contract shall be deemed amended to the extent necessary to make it enforceable while preserving its intent.

24. Delivery Failures: If the contractor fails to deliver contracted goods or services within the time specified in the contract or fails to replace rejected items in a timely manner, the County shall have authority to make open-market purchases of comparable goods or services. The County shall have the right to invoice the contractor for any excess expenses incurred or deduct such amount from monies owed the contractor. Such purchases shall be deducted from contracted quantities.

25. Substitution of Contracted Items: The contractor shall be obligated to deliver products awarded in this contract in accordance with terms and conditions specified herein. If a contractor is unable to deliver the products under the contract, it shall be the contractor’s responsibility to obtain prior approval of the ordering agency to deliver an acceptable substitute at the same price quoted in the contractor’s original bid. In the event any contractor consistently needs to substitute or refuses to substitute products, the County reserves the right to terminate the contract or invoke the “Delivery Failures” clause stated herein.

26. 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 a 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 to be determined by the Purchasing Director.

27. Termination for Cause: The County may terminate the contract for cause by sending written notice to the contractor of the contractor’s default in the performance of any term of this agreement. Termination shall be without prejudice to any of the County’s rights or remedies by law.

28. Termination for Convenience: The County may terminate the contract for its convenience at any time with 10 days’ written notice to the contractor. In the event of termination for convenience, the County will pay the contractor for services performed. The County will compensate partially completed performance based upon a signed statement of completion.

29. Force Majeure: Neither party shall be deemed to be in breach of the contract to the extent that performance of its obligations is delayed, restricted, or prevented by reason of any act of God, natural disaster, act of government, or any other act or condition beyond the reasonable control of the party in question.

30. Governing Law: This agreement shall be governed in accordance with the laws of the

State of Georgia. The parties agree to submit to the jurisdiction in Georgia, and further agree that any cause of action arising under this agreement shall be required to be brought in proper venue in Fayette County, Georgia.

Checklist of Required Documents

(Be Sure to Return This Checklist and the Required Documents in the order listed below)

Company information – on form provided __________

Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) – on form provided __________

Pricing sheet – on form provided __________

List of exceptions, if any – on form provided __________

References – on form provided __________

Product Data Sheet __________

Addenda, if Any __________

COMPANY NAME: ______________________________________________________

Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l)

The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party 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 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;

e) The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13-10-91(a), (b), and (c);

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

Federal Work Authorization User Identification Number Date of Authorization

_____________________________________________ 26114-A: 78% Sulfuric Acid NSF, Copper Name of Contractor Sulfate, and Sodium Silica Fluoride Name of Project Fayette County, Georgia Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _________, _____, 2026 in _______________ (city), __________ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE _______ DAY OF _____________, 2026.

NOTARY PUBLIC

My Commission Expires: _____________________________

COMPANY INFORMATION

A. COMPANY

Company Name: _________________________________________________

Physical Address: ________________________________________________

Mailing Address (if different): ______________________________________

Website (if applicable): ____________________________________________

B. AUTHORIZED REPRESENTATIVE

Signature: _______________________________________________________

Printed or Typed Name: ____________________________________________

Title: ___________________________________________________________

E-mail Address: __________________________________________________

Phone Number: ____________________ Fax Number: ___________________

C. PROJECT CONTACT PERSON

Name: _________________________________________________________

Title: __________________________________________________________

Office Number: ___________________ Cell Number: ___________________

E-mail Address: _________________________________________________

REFERENCES

Please list three (3) references for current or recent customers who can verify the quality of service your company provides. Projects of similar size and scope are preferable.

1. Government/Company Name ________________________________________________

City & State ________________________________________________________________

Work or Service Provided_____________________________________________________

Approximate Completion Date _________________________________________________

Contact Person and Title ______________________________________________________

Phone _________________________ Email ____________________________________

2. Government/Company Name _______________________________________________

City & State _______________________________________________________________

Approximate Completion Date ________________________________________________

Contact Person and Title _____________________________________________________

3. Government/Company Name _______________________________________________

City & State ________________________________________________________________

Approximate Completion Date _________________________________________________

Contact Person and Title ______________________________________________________

COMPANY NAME _______________________________________________________

SCOPE AND SPECIFICATION

INTRODUCTION

Fayette County, Georgia is seeking quotes for an annual contract from qualified suppliers for the purchase of 78% Sulfuric Acid NSF and Copper Sulfate. The contract resulting from this RFQ will allow Fayette County Water System to purchase 78% Sulfuric Acid NSF and Copper Sulfate on an as-needed basis throughout the contract period.

GENERAL INFORMATION:

1. Fayette County will order chemicals according to the needs and storage capabilities, as per the unit size and amount.

2. Deliveries shall be made within 1 to 3 days of receipt of order between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday excluding holidays. A list of County holidays can be found at https://fayettecountyga.gov/information/county_holidays.htm.

3. Deliveries shall be made to two (2) locations:

a. Crosstown Water Treatment Plant

3500 TDK Blvd., Peachtree City, GA 30269

b. South Fayette Water Treatment Plant

880 Antioch Road, Fayetteville, GA 30215

4. Vendors delivering chemicals by tanker truck shall provide insurance per requirements outlined in Terms and Conditions #19.

5. The driver shall be responsible for complete cleanup of any spill(s) originating from the unloading process.

6. The following information shall be provided on all invoices:

a. Purchase Order Number

b. Delivery Address

c. Chemical Shipped/Delivered

d. Quantity Shipped/Delivered

e. Unit Price

f. Total Invoice Amount

Invoices with incorrect and/or missing information will be returned to the supplier for correction prior to payment. Fayette County will not pay late fees for invoices delayed due to incorrect or missing information.

7. A copy of the invoice for every shipment shall be copied to the plant manager.

8. The responder shall provide a Product Data Sheet.

https://fayettecountyga.gov/information/county_holidays.htm

SPECIFICATIONS

1. 78% Sulfuric Acid NSF

a. Product shall be certified to NSF/ANSI 60

b. Product should be delivered by tanker with a volume of 2,000 - 2200 gallons or

21,000 pounds.

2. Copper Sulfate

a. AWWA #B602-17

b. Because copper sulfate is generally used by water utilities to control algae growth, it is a pesticide as defined by current federal regulations. Each package must bear a label reviewed and accepted by USEPA.

c. Each shipment shall be identified as to the product, grade, net weight, dry pounds, name and address of the manufacturer and brand name.

d. Packages shall show a lot number and identification of a manufacturer. All markings on packages shall conform to applicable laws and regulations.

e. The label must bear a USEPA registration number as well as the USEPA establishment number indicating where the product was manufactured or last repackaged. Failure to provide this label is subject to punishment under federal law. Packages shall also bear markings required by the Department of Transportation.

f. Packages should be delivered in 50-pound multi-wall bags. The net weight of the packages shall not deviate from the recorded weight by more than + or – 2.5 percent.

g. Packages shall be stored, shipped and delivered in tamper-evident packaging.

h. A certified analysis of the material is required at the time of delivery detailing the desired items.

Sodium silica fluoride

a. AWWA #B702-18

b. Product should be of the Belgian material, trade name Prayon in 50-pound bags only.

c. Product should have certification in accordance with NSF/ANSI Standard 60 and documentation on conformational testing to ANSI/AWWA B702 criteria.

d. Conformational testing to ANSI/AWWA B702 should be provided by the supplier to the consumer with each lot delivered.

e. Certification of the product quality in accordance with NSF/ANSI Standard 60 should be indicated for each lot delivered.

PRICING SHEET

Chemical Unit Size

Estimated Annual

Quantity Unit Price Extended Price

78% Sulfuric Acid NSF Ton 116

Copper Sulfate AWWA #B602-17 50 lb bag 25

Sodium silica fluoride AWWA #B702-18 50 lb bag 876

Total Price:

NOTE:

1. All applicable charges shall be included in your total quoted amount, including but not limited to delivery, materials, equipment, installation, labor, and any other amounts. No additional charges will be allowed after the quote received by date.

State delivery time after receipt of order: ______________ days.

COMPANY NAME _______________________________________________________

EXCEPTIONS TO SPECIFICATIONS

Please list below any exceptions or clarifications to the specifications of this bid. Explain any exceptions in full.

COMPANY NAME_______________________________________________________