REQUEST FOR PROPOSAL 26RFP082426K-DB

OPERATION & MAINTENANCE SERVICES

FOR CAMP CREEK MANAGED ASSETS

For

PUBLIC WORKS DEPARTMENT

RFP ISSUANCE DATE: Tuesday, September 1st, 2026 RFP DUE DATE AND TIME: Thursday, October 15, 2026, at 11:00 A.M.

PRE-PROPOSAL CONFERENCE DATE: Tuesday, September 15, 2026 PURCHASING CONTACT: Darlene Banks, Chief Assistant Purchasing Agent

E-MAIL: darlene.banks@fultoncountyga.gov

LOCATION: FULTON COUNTY GOVERNMENT

DEPARTMENT OF PURCHASING & CONTRACT COMPLIANCE

130 PEACHTREE STREET, S.W., SUITE 1168

ATLANTA, GA 30303

Table of Contents

SECTION 1 – INTRODUCTION

1.1 Project Description

1.2 Method of Source Selection

1.3 Background

1.4 County Objectives

1.5 Obtaining the RFP

1.6 Pre-Proposal Conference

1.7 Facility Tour

1.8 Proposal Due Date

1.9 Contact Person and Inquiries

1.10 Procurement Schedule

SECTION 2 – INSTRUCTION TO PROPOSERS

2.1 Procurement Process

2.2 Contract Definitions

2.3 No Contact During Procurement Process

2.4 Clarification & Addenda

2.5 Term of Contract

2.6 Proposal Evaluation

2.7 Disqualification of Proposers

2.8 Reserved Rights

2.9 Applicable Laws

2.10 Insurance and Risk Management Provisions

2.11 Accuracy of RFP and Related Documents

2.12 Responsibility of Proposer

2.13 Confidential Information

2.14 County Rights and Options

2.15 Cost of Proposal Preparation and Selection Process

2.16 Termination of Negotiations

2.17 Wage Clause

2.18 Additional or Supplemental Information

2.19 Reporting Responsibilities

2.20 Georgia Security and Immigration Compliance Act

2.21 Authorization to Transact Business

2.22 Right to Protest

2.23 Non-Collusion

2.24 Certificate of Acceptance

2.25 Exceptions to the County’s Contract

2.26 Certification Regarding Debarment

2.27 Substitution of Approve Proposer Key Team Members

2.28 General Requirements

SECTION 3 - PROPOSAL REQUIREMENTS

3.1 Overview of Proposal Requirements

3.2 Format & Proposal Submission Instructions

3.3 Scope of Work

3.4 Project Deliverables

3.5 Technical Proposal Format and Content

3.6 Cost Proposal Format and Content

SECTION 4 - EVALUATION CRITERIA

4.1 Evaluation Committee

4.2 Evaluation and Selection Process

4.3 Responsiveness Review

4.4 Evaluation Selection Criteria

4.5 Notification of Selection

SECTION 5 – PROPOSAL FORMS INSTRUCTIONS

SECTION 6 – CONTRACT COMPLIANCE RQUIREMENTS

SECTION 7 – RISK MANAGEMENT AND INSURANCE REQUIREMENTS

SECTION 8 – SAMPLE CONTRACT

ATTACHMENTS

SECTION 9 – EXHIBITS

Exhibit 1: Purchasing Forms Exhibit 2: Sample Contract Agreement Exhibit 3: Scope of Work Exhibits (see Sample Contract Agreement)

EXHIBIT 1: OPERATION AND MAINTENANCE SOFTWARE AND HARDWARE

EXHIBIT 2: PERFORMANCE REQUIREMENTS

EXHIBIT 3: MAINTENANCE STANDARDS

EXHIBIT 4: FACILITIES PLANS

EXHIBIT 5: ANALYTICAL SERVICES, SAMPLING, AND TESTING

EXHIBIT 6: EXIT TRANSITION PLAN

EXHIBIT 7: TRUCKED-IN MATERIAL AND SEPTAGE HANDLING PROTOCOL

EXHIBIT 8: MUNICIPAL/INDUSTRIAL PRETREATMENT PROGRAM

EXHIBIT 9: PRICE PROPOSAL FORM

EXHIBIT 10: JOB SPECIFICATIONS

EXHIBIT 11: EQUIPMENT AND CHEMICALS INVENTORY

EXHIBIT 12: BUILDING AND GROUND MAINTENANCE AND PAINTING

EXHIBIT 13: PROJECT DATA ATTACHMENTS

EXHIBIT 14: PUBLIC EDUCATION AND COMMUNITY OUTREACH PLAN OUTLINE COMMUNITY

EXHIBIT 15: MINIMUM FINANCIAL CRITERIA

26RFP082426-K-DB

Operation & Maintenance Services for Camp Creek Managed Assets

SECTION 1 – INTRODUCTION

1.1 PROJECT DESCRIPTION

Fulton County, Georgia (“County”) is soliciting proposals from qualified firms to provide complete operation and maintenance for Fulton County facilities consisting of Water Reclamation Facilities (WRF) and Pumping Stations serving South Fulton County. Services will be twenty-four (24) hours per day, seven (7) days per week, and fifty-two (52) weeks per year. The Contractor shall provide all labor, materials, supplies, chemicals, fuel, vehicles, services, administration, reporting, monitoring, and other necessary items or services. The Contractor shall be required to assume full responsibility for the safe and efficient operation and maintenance of the facilities in compliance with all applicable Federal and State Laws and County rules and regulations. These requirements are further discussed in more detail throughout the RFP and contract.

Through the issuance of this Request for Proposal (“RFP” and/or “Proposals”), the County is soliciting Proposals from qualified Proposers for the Operation & Maintenance Services for Wastewater Facilities & Pump Stations in the South Fulton Service Area.

Proposals provided in response to this RFP that comply with the submittal requirements set forth in Section 3.0, including all forms and certifications, will be evaluated in accordance with the criteria and procedures described in Section 4.0. Based on the results of the evaluation, the County will award the Operation & Maintenance Services for Wastewater Facilities & Pump Stations in the South Fulton Service Area to the most advantageous Proposer based on the cost and the evaluation factors set forth in the RFP.

1.2 METHOD OF SOURCE SELECTION

This procurement is being conducted in accordance with all applicable provisions of the Fulton County Code of Ordinances and the specific method of source selection for the services required in this Proposal is Code Section 102-375, Competitive Selection Procedures for Professional and Consultant Services and in accordance with State of Georgia O.C.G.A. 36-60-15.1, Operation and Maintenance of Water Treatment Systems by Private Entities.

1.3 BACKGROUND

Fulton County provides wastewater services over approximately 953 square mile service area in South Fulton for a population of more than 250 thousand residential, also industrial and commercial customers and also provides wastewater services with other municipalities through Intergovernmental Agreements.

In total, the County owns one water reclamation facility, 20 wastewater pump stations, approximately 950- miles of interceptor, trunk and sanitary sewers and force mains, and approximately 15 thousand manholes, and related appurtenances.

Specifically for this contract, the South Fulton Service Area consists of one wastewater treatment plant, 20 wastewater pump stations with force main and its air release valves.

1.4 COUNTY OBJECTIVES

In issuing this RFP, the County seeks to accomplish certain operational and managerial objectives.

Generally, the objective of this procurement is to provide the County with cost effective and reliable wastewater system operations and maintenance management services.

1.5 OBTAINING THE RFP

In order to obtain complete information about this solicitation, please click the link below where this document and supporting documents can be downloaded, https://www.bidnetdirect.com/georgia/fultoncounty.

1.6 PRE-PROPOSAL CONFERENCE

A Pre-Proposal Conference will be held in person.

Date: Tuesday, September 15th, 2026 Time: 10:00 A.M.

Location: South Fulton Maintenance and

Operation Center, 7472 Cochran Road, College Park, GA 30349.

The purpose of the Pre-Proposal Conference is to provide information regarding the project and to address any questions and concerns regarding the services sought by the County through this RFP.

However, no verbal response provided at the Pre-Proposal Conference binds the County. Only those responses to questions submitted through BidNet Direct and responded to by the County will be official.

Inquiries regarding the solicitation, either technical or otherwise, may be submitted prior to the Pre- Proposal Conference and will be addressed during the Pre-Proposal Conference.

Any additional questions asked at the Pre-Proposal Conference will be responded to in the form of an addendum with the County’s official responses.

Fulton County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Fulton County Government should be directed to Mario Avery, Contract Compliance Administrator at (404) 612-6307 or email: mario.avery@fultoncountyga.gov.

1.7 FACILITY TOUR

The County will conduct individual Facility Tours for each interested firm of the Water Reclamation Facilities. The Facility Tours are mandatory. Details about the facility tour date(s) and time(s) are provided below. Contact Darlene Banks via email at darlene.banks@fultoncountyga.gov to schedule a time.

Visitors showing up outside of these times will be turned away. Those participating in site visits will need to provide their own transportation to each location. All visitors must be accompanied to and through the facilities.

All of these facilities are active wastewater facilities. The Visitors shall be prepared with appropriate PPE (safety shoes, hard hats, protective eyewear, and safety vest.

1.8 PROPOSAL DUE DATE

All proposals will be received by the Department of Purchasing & Contract Compliance electronically through BidNet Direct at https://www.bidnetdirect.com/georgia/fultoncounty on or before Thursday, October 15, 2026, at 11:00 A.M., legal prevailing time. All submitted responses will be electronically time and date stamped at the time all documents are uploaded and received.

Any proposals received after this appointed schedule will be considered late and will be returned unopened to the Proposer. The proposal due date can be changed only by addendum.

Locations Date and Times Camp Creek WRF September 15, 2026

Pump Stations September 17, 2026

1.9 CONTACT PERSON AND INQUIRIES

Information regarding the bid or bid requirements, either procedural or technical, may be obtained by submitting questions to:

Purchasing Contact Name: Darlene Banks, Chief Assistant Purchasing Agent Email: darlene.banks@fultoncountyga.gov Phone: (404) 612-7879

1.10 PROCUREMENT SCHEDULE

The following is the procurement schedule for this project and will be strictly adhered to.

EVENT DATE

RFP Issued Tuesday, September 1, 2026 Pre-Proposal Conference 10:00AM Tuesday, September 15, 2026 Facility Tours Tuesday, September 15, 2026 &

Thursday, September 17, 2026 Deadline for Submission of Questions and Requests for Clarification by 2:00 P.M. Friday, October 2, 2026 Proposal Due Date by 11:00 A.M. Thursday, October 15, 2026 Tentative Dates for Oral Interviews/Presentations Week of November 9-12, 2026 Anticipated Board of Commissioners Meeting Date Wednesday, December 2, 2026

SECTION 2 – INSTRUCTIONS TO PROPOSERS

2.1 PROCUREMENT PROCESS

The procurement will be on a formally advertised basis. All technical requirements, unless otherwise specified, must be met, or be capable of being met by the Proposer or their proposal will be disqualified as being non-responsive.

2.2 CONTRACT DEFINITIONS

In addition to any other terms that may be defined in this solicitation and for purposes of this RFP, the following terms and acronyms have the following meaning:

TERM AND DEFINITION

Acceptable Septage means Septage that (1) does not contain grease trap material, and (2) has a pH not lower than 4 and not higher than 12 and temperature less than 140 degrees Fahrenheit. (3) is a volume of less than 500,000 gallons in any single day.

Addendum Revision to the RFP Documents issued by the County prior to the receipt of Proposals.

Adjustment Factor As defined in the Draft Contract attached, see, Contract Article 62.3 B.

Affiliate any person, corporation or other entity directly or indirectly controlling or controlled by another person, corporation or other entity or under direct or indirect common control with such person, corporation or other entity.

Agreement refers to the executed contract between the County and the Contractor/Contracting Entity.

Appendix any of the Appendices attached to this Request For Proposals (RFP) or the Appendices attached to this Service Contract, as the same may be amended or modified from time to time in accordance with the terms hereof.

Applicable Law

(1) any Federal, State or local law, code or regulation;

(2) any formally adopted and generally applicable rule, requirement, determination, standard, policy, implementation schedule or other order of any Governmental Body having appropriate jurisdiction that does not conflict with any federal, state or local law, code or regulation;

(3) any established interpretation of law or regulation utilized by an appropriate Governmental Body if such interpretation is documented by such Governmental Body and generally applicable;

(4) any Governmental Approval; and

(5) any consent order or decree, settlement agreement or other similar agreement between the County and the EPD or EPA, in each case having the force of law and applicable from time to time:

) to the sitting, design, acquisition, construction, equipping, financing, ownership, possession, start up, testing, operation, maintenance, repair, replacement or management of municipal wastewater treatment systems, including the Managed Assets;

(b) to the conveyance, treatment, storage or discharge of the Influent thereto or the Effluent thereof;

(c) to the air and odor emissions therefore; or to the transfer, handling, processing, transportation or disposal of sludge and other residuals produced thereby. Applicable Law shall be deemed not to include Uncontrollable Circumstances.

Applicant means any individual, firm, association, or corporation submitting a proposal to this RFP. May also mean Proposer.

Asset shall mean any individual component of the managed assets, such as a pump, valve, individual equipment or system, building, structure, or similar, all of which comprise the Managed Assets.

Availability of Equipment means that an equipment or system is installed and available for operation at its design capacity.

Bankruptcy Code means the United States Bankruptcy Code (11 U.S.C. §101, et seq.), as amended from time to time and any successor statute thereto. "Bankruptcy Code" shall also include any similar State law relating to bankruptcy, insolvency, the rights and remedies of creditors, the appointment of receivers or the liquidation of companies and estates that are unable to pay their debts when due.

Billing Period means each calendar month, except that (1) the first Billing Period shall begin on the Commencement Date and shall continue to the last day of the month in which the Commencement Date occurs and (2) the last Billing Period shall end on the last day of the Term of this Service Contract. Any computation made on the basis of a Billing Period shall be adjusted on a pro rata basis to take into account any Billing Period of less than the actual number of days in the month to which such Billing Period relates.

BOC

The Board of Commissioners legislates and administers County government within the limits of its authority granted. Fulton County government consists of six members of Board of Commissioners and a Chairman.

Capital Modification any material change, alteration, improvement, upgrade or modification of any of the Managed Assets, or any installation of new equipment or systems, including any of the foregoing that results from a replacement of any of the Managed Assets or the installation of new equipment, machinery, systems or other property at the Managed Assets.

CERCLA

the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 et seq., and the applicable regulations promulgated thereunder, each as amended or superseded from time to time.

Change in Law any of the following acts, events or circumstances to the extent that compliance therewith materially increases the cost of performing, or materially increases the scope, of a party's obligations hereunder:

(a) the adoption, amendment, promulgation, issuance, modification, repeal or written change in administrative or judicial interpretation of any Applicable Law on or after the Contract Date, unless such Applicable Law was on or prior to the Contract Date duly proposed and published in the Federal Register or was adopted, promulgated, issued or otherwise officially modified or changed in interpretation, in each case in final form, to become effective without any further action by any Governmental Body;

(b) the order or judgment of any Governmental Body issued on or after the Contract Date (unless such order or judgment is issued to enforce compliance with Applicable Law which was effective as of the Contract Date) to the extent such order or judgment is not the result of willful or negligent action, breach of this Service Contract, violation of law, illegal act, error or omission or lack of reasonable diligence of the Contractor or of the County, whichever is asserting the occurrence of a Change in Law;

provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence;

It is specifically understood, however, that none of the following shall constitute a "Change in Law": a change in the nature or severity of the actions typically taken by a Governmental Body to enforce compliance with Applicable Law which was effective as of the Contract Date; any Non-Georgia Sludge Disposal-Related Change in Law; any action by a Governmental Body or any other event that affects generally applicable working conditions or standards that is not specific to the wastewater treatment industry or to the Managed Assets, and that does not require a Capital Modification in order to effectuate compliance therewith; and any action by a Governmental Body relating to sales or use taxes including the imposition or increase in any such taxes.

To the extent where different or additional testing, sampling, and analytical procedures are required by a Change in Law applicable to the Managed Assets including, but not limited to, any revisions to the NPDES permit or other enforceable instrument, the Contractor shall be responsible for sampling activities and related costs at no additional charge.

Change Order means an alteration, addition, or deduction from the original scope of work as defined by the contract documents to address changes or unforeseen conditions necessary for project completion and processed pursuant to Fulton County Code Section 102-420, which is incorporated herein by reference.

Clean Water Act the Clean Water Act (formally referred to as the Federal Water Pollution Control Act), 33 U.S.C. §1251 et seq., and applicable regulations promulgated thereunder, each as amended from time to time.

Commencement Date The first date on which all of The Commencement date Conditions shall be satisfied or waived, as agreed to in writing by the County and Contractor.

Consumables Defined as fuel oil, diesel fuel, de-foamer, lubricants, oils, process lab supplies, housekeeping, cleaning, and office supplies and all other fuels, materials, supplies and similar consumables used in connection with the operation, maintenance, and management of the Managed Assets. Consumables do not include chemicals for plant process, reuse, odor control, or membrane cleaning.

Consumer Price Index or "CPI” As defined in the Draft Contract attached, see Contract Article -62.3 B

Contact Person

Purchasing staff designated by the Fulton County Department of Purchasing and Contract Compliance to submit any questions and suggestions to.

Contract the executed Contract between the County and the Contractor/Contracting Entity. Also may be referred to as Agreement.

Contract Administrator has the meaning specified in Contract Article 50.5 D

Contract Date the date this Service Contract is executed and delivered by the parties hereto. The date which Commencement Date Conditions may start.

Contract Representative in the case of the Contractor, the individual specified in writing from time to time by the Contractor as the representative of the Contractor for all purposes of this Service Contract and, in the case of the County, the Director of Public Works or such other representative as shall be designated in writing from time to time by the County.

Contract Services the Management Services.

Contract Standards means the terms, conditions, methods, techniques, requirements, practices and standards imposed or required during the Term by: (1) Applicable Law; (2) the NPDES Permits; (3) the Contract Articles and Exhibits; (4) the Performance Requirements; (5) Good Engineering and Construction Practice; (6) Good Industry Practice; (7) the Operation and Maintenance Manual; (8) applicable equipment manufacturers specifications; (9) applicable Insurance Requirements; and (10) any other standard, term, condition, method, technique, practice or requirement specifically provided in this Service Contract to be observed by the Contractor. Section 47.2(J) shall govern issues of interpretation related to the applicability and stringency of the Contract Standards.

Contract Year means the County's fiscal year commencing on January 1 in any year and ending on December 31 of that year; provided, however, that the first Contract Year shall commence on the Commencement Date and shall end on the following December 31, and the last Contract Year shall commence on January 1 prior to the date this Service Contract expires or is terminated, whichever is applicable, and shall end on the last day of the Term of this Service Contract or the effective date of any termination, whichever is applicable. Any computation made on the basis of a Contract Year shall be adjusted on a pro rata basis to take into account any Contract Year of less than 365/366 days.

Contractor any firm, partnership, corporation, joint venture, LLC or any combination thereof that enters into a contractual Agreement with The County. This excludes Subcontractors/Sub-consultants. It is same as Operator.

Contractor Fault means any breach (including the untruth or breach of any Contractor representation or warranty herein set forth), failure, nonperformance or noncompliance by the Contractor with respect to its obligations under this Service Contract to the extent not directly attributable to any Uncontrollable Circumstance or the County Fault, and which materially and adversely affects the County's rights, obligations or ability to perform under this Service Contract.

County

Fulton County Government and its authorized representatives County Fault means any breach (including the untruth or breach of any County representation or warranty herein set forth), failure, nonperformance or noncompliance by the County with respect to its obligations under this Service Contract to the extent not directly attributable to any Uncontrollable Circumstance or the Contractor Fault, and which materially and adversely affects the Contractor's rights, obligations or ability or costs to perform under this Service Contract.

County Property any structures, improvements, equipment, fire alarm systems, wastewater and water mains, pipes, valves, pumping systems, hydrants, hydrant connections, duct lines, streets, lamps, lampposts, monuments, sidewalks, curbs, trees or any other systems, fixtures, or real or personal property owned, leased, operated, maintained, or occupied by the County. Inclusive of the Managed Assets.

Customer Customers of the County shall mean the residents and business connected to the sanitary sewer collection system as acknowledged by the County.

Day(s) Calendar Day (twenty-four hours) Deliverables means the set of products and services to be delivered to The County by The Contractor to fulfill The terms of This contract.

Department of Public Works means the Fulton County Department of Public Works and may be interchanged with the Department of Water Resources.

Designated Disposal Site the site or sites designated from time to time as a Designated Disposal Site for the disposal of Residuals per Article 54.

DPCC

Department of Purchasing & Contract Compliance, Fulton County Government.

Drawings The part of the Agreement or Work Authorization or Notice to Proceed that shows the outlines, characteristics related to the Scope of Services to be performed. The term is used interchangeably with the work "Plans" and includes Standard Details and Drawings.

Effluent wastewater discharged from the Plants.

Effluent Requirement the most stringent of the requirements pertaining to the discharge of Effluent established by the Contract Standards.

Encumbrance means any Lien, lease, mortgage, security interest, charge, judgment, judicial award, attachment or encumbrance of any kind with respect to the Managed Assets.

EPA

the United States Environmental Protection Agency and any successor agency.

EPD

The Environmental Protection Division of The State of Georgia Department of Natural Resources or any predecessor or successor agency.

Excessive Influent Means the following items: (1) Toxic Substances, (2) Hazardous Material. Quantities of influent due to inflow and infiltration is not Excessive Influent.

Exit Transition Plan the transition services, including plans for temporary, short-term, operational procedures and activities relating to and after contract termination, to be undertaken by the Contractor when and as more fully specified in Exhibit 6.

Facility or Facilities. Means the Managed Assets.

Fees and Costs means reasonable fees and expenses of employees, attorneys, architects, engineers, expert witnesses, Contractors, Contractors and other persons, and costs of transcripts, printing of briefs and records on appeal, copying and other reimbursed expenses, and expenses reasonably incurred in connection with investigating, preparing for, defending or otherwise appropriately responding to any Legal Proceeding.

Good Engineering and Construction Practice the methods, techniques, standards and practices which, at the time they are to be employed and in light of the circumstances known or reasonably believed to exist at such time, are generally recognized and accepted as good design, engineering, equipping, installation, construction and commissioning practices for the design, construction and improvement of capital assets in the municipal wastewater treatment industry as followed in the Southeast region of the United States. Good Engineering and Construction Practice shall include, but is not limited to, without limitation, adherence to the following:

(a) Reliability criteria as defined in "Design Criteria for Mechanical, Electrical and Fluid System and Component Reliability", published by the EPA in 1974, for the appropriate class of system;

(b) Performance standards listed in an applicable Regional Water Commission Guide; and

(c) Performance standards listed in the latest edition of "Design of Municipal Wastewater Treatment Plants", published jointly by the Water Environment Federation and the American Society of Civil Engineers.

Good Industry Practice means those methods, techniques, standards and practices which, at the time they are to be employed and in light of the circumstances known or reasonably believed to exist at such time, are generally recognized and accepted as good operation, maintenance, repair, replacement and management practices in the municipal wastewater treatment industry as observed in the Southeast region of the United States.

Governmental Approvals all approvals, permits, licenses, authorizations, consents, certifications, exemptions, registrations, rulings and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the Contract Services, including the NPDES Permits and/or Consent Orders.

Governmental Body any federal, state, regional or local legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any official thereof having jurisdiction.

Guarantor a corporation organized and existing under the laws of, and its permitted successors and assigns.

Guaranty Agreement or "Guaranty" means the Guaranty Agreement entered into concurrently with this Service Contract from the Guarantor to the County in the form provided in the Transaction Agreement Forms, as the same may be amended from time to time in accordance therewith.

Guaranty Agreement or Guaranty means the Guaranty Agreement entered into concurrently with this Service Contract from the Guarantor to the County in the form provided in the Transaction Agreement Forms, as the same may be amended from time to time in accordance therewith.

Hazardous Material means any waste, substance, object or material deemed hazardous under Applicable Law including, without limitation "hazardous substance" as defined in CERCLA and "hazardous waste" as defined in

RCRA.

Industrial Pretreatment Program or "IPP" means the municipal/industrial pretreatment program of sampling, inspecting, analyzing and keeping records with respect to compliance by industrial and certain commercial users with the County's sewer use ordinance and technically based local limits.

Influent means all wastewater, storm water, infiltration and inflows entering the Managed Assets through collection system and Septage.

Insurance Requirement means any rule, regulation, code, or requirement issued by any fire insurance rating bureau or anybody having similar functions or by any insurance Contractor which has issued a policy of Required Management Period Insurance or Required Construction Period Insurance under this Service Contract, as in effect during the Term hereof, compliance with which is a condition to the effectiveness of such policy.

Large Wastewater Treatment Plant means a plant with a tertiary treatment capacity of 10 MGD or more.

LAS

Land Application System. For the purpose of this contract, this means effluent treated to NPDES permit requirements and distributed for use for irrigation.

lb, or lbs shall mean pound, or pounds, respectively. Unit of weight Legal Proceeding means every action, suit, litigation, arbitration, administrative proceeding, and other legal or equitable proceeding having a bearing upon this Service Contract or the Managed Assets, and all appeals therefrom.

Lien means any and every lien against the Managed Assets, the Design/Build Improvements or against any monies due or to become due from the County to the Contractor under this Service Contract, for or on account of the Contract Services, including without limitation mechanics', material men's, laborers' and lenders' liens.

Loss-and-Expense means any and all actual loss, liability, forfeiture, obligation, damage, delay, fine, penalty, judgment, deposit, cost, expense, claim, Tax, or expense, including all Fees and Costs, except as explicitly excluded or limited under any provision of this Service Contract.

Maintenance Assistant means an individual with the most basic skillset or aptitude who can, under direct supervision and direction, perform maintenance tasks, cleaning, painting, pressure washing, or other similar tasks which may be directed.

Major Equipment means any equipment having minimum cost of $5,000 and life cycle of five years.

Managed Asset Equipment other than Managed Asset Structures, means all manufactured and fabricated equipment, property or assets, whether or not constituting personal property or fixtures, constituting part of the Managed Assets, including, without limitation, all pipes, pumps, blowers, mixers, air diffusers and aeration equipment, screens, grit removal and handling equipment, clarifiers, sludge handling equipment, material handling equipment, filtration systems, valves, chemical feed and storage equipment, tank covers and traveling bridges, lighting, electrical equipment and wiring, instrumentation, and data & communication network equipment and wiring, and all other equipment and systems required for the managed assets to perform their intended functions.

Managed Asset Structures other than Managed Asset Equipment, means all parts of all structures, buildings, fencing & gates, underground pipes, manholes, concrete tanks, and similar which may house, support, protect the managed asset equipment, constituting part of the Managed Assets.

Managed Assets all or any portion of the Plants, Plant Realty, Pump Stations, Pump Station Realty. Inclusive of all Managed Assets Equipment, Structures, and Realty.

Managed Assets Realty the parcels of real property upon which the Managed Assets, or any portion thereof, are located, including the Sites. Inclusive of Plant and Pump Station Realty.

Management Period the period from and including the Commencement Date to and including the last day of the Term of this Service Contract.

Management Services means everything required to be furnished and done for and relating to the Managed Assets by the Contractor pursuant to this Service Contract during the Term hereof. Management Services include the employment and furnishing of all labor, materials, equipment, supplies, tools, storage, transportation, disposal, insurance, sales, delivery and other things and kinds of services whatsoever necessary for the full performance of the Contractor's operation, maintenance, repair, replacement, management and related obligations under this Service Contract, and all of the Contractor's

Non-Georgia Sludge Disposal-Related Change in Law means a Change-in-Law by a Governmental Body other than the Federal Government, regarding the disposal, land application or processing of Plant Sludge outside of the State.

Notice to Proceed (“NTP”) Written communication issued by The County to The Contractor authorizing It to proceed with Scope of Work. The NTP date shall be The Commencement Date.

NPDES

means National Pollutant Discharge Elimination System NPDES Permits means National Pollutant Discharge Elimination System Permit as issued by the EPD for the Plants and attached hereto as Reference Documents.

Odor Citation has the meaning specified in the Draft Contract attached, see Article 52.3.

Odor Guarantee has the standards described in the Draft Contract attached, see Article 52.3 Odor Incident has the meaning specified in the Draft Contract attached, see Article 52.3 Odor Termination has the meaning specified in the Draft Contract attached, see Article 52.3.

Offeror the entity of individual submitting a proposal in response to this RFP.

Operation and Maintenance Manual the documents and related computer programs prepared and maintained by the Contractor containing detailed standard operating and maintenance procedures and other specific instructions, policies, directives, routines, schedules and other matters relating to the Management Services.

Operator Any firm, partnership, corporation, joint venture, LLC or any combination thereof that enters into a contractual Agreement with the County. This excludes Subcontractors/Sub-consultants. It is same as Contractor.

Operator In Training administrative, accounting, recordkeeping, reporting, notification and similar responsibilities of every kind whatsoever under this Service Contract pertaining to such obligations.

MBR

or Membrane Bio-Reactor, is a combination of a biological activated sludge process (the bio-reactor) followed by a filtration (membrane) process. The processes remove pollutants such as Biochemical Oxygen Demand (BOD), ammonia, phosphorus, and Total Suspended Solids (TSS) to acceptable levels. Membrane filtration replaces the solids-separating secondary clarifier and sand filtration used in conventional treatment plants.

MGD

Million Gallons per Day.

or OIT, means an individual who desires to become a licensed wastewater operator by learning and working under the supervision of licensed wastewater operators.

Overdue Rate the maximum rate of interest permitted by the laws of the State, if applicable, or the Prime Rate, whichever is lower.

Owner Fulton County Government Participating Community means those communities with whom the County has entered or enters into contracts for the treatment of Influent or Septage. See also Customer.

Performance Requirements the Requirements of performance set forth in Exhibit 2-Performance Requirements.

Plant Operator

Any person who performs operational duties and wastewater treatment plant laboratory testing for reporting purposes for operator classifications 1 as defined by the board at wastewater treatment plants. The person responsible for the daily operation of the facility shall be a Class 1 Certified Operator in compliance with the Georgia State Board of Examiners for Certification of Water and Wastewater Plant Operators and Laboratory Analysts Act, as amended, and as specified by Subparagraph 391-3-6-12 of the Rules and Regulations for Water Quality Control.

Plant Realty the parcels of real property upon which the Plants or any portions thereof, are located. Inclusive of Managed Asset Realty.

Plant Sludge or sewage sludge, means any solid, semi-solid, or residue removed due to the treatment of influent at the Managed Assets, exclusive of the treated plant effluent. Also includes, but is not limited to, solids removed during primary, secondary, or advanced wastewater treatment, scum, dewatered sludge/biosolids. Sludge does not include grit, screenings, or ash generated during the incineration of sewage sludge.

Plant means the structures, equipment, and real property on which they are located, consisting of buildings, structures, piping, fixtures, and equipment, and the roads, grounds, fences, and landscaping appurtenant thereto, used for treatment of influent by various means such as preliminary treatment, primary treatment, secondary treatment and advanced biological treatment (nitrification, phosphorus removal, etc.,) and filtration, Effluent disinfection, Plant Sludge treatment and disposal, sampling and laboratory functions and administration and management of the Managed Assets, including any Capital Modifications made thereto from time to time. Inclusive of Managed Assets Realty, Structures, and Equipment. May be referred to "facilities".

POTW

Publicly Owned Treatment Works Pre-Existing Environmental Condition means, and is limited to, (1) the presence anywhere in, on or under the Managed Assets on the Contract Date, if not disclosed to the Contractor as of the Contract Date, of underground storage tanks (for the storage of chemicals, fuel oil or diesel fuel) that are not then in use in connection with operation of the Managed Assets; and (2) the presence anywhere in, on or under the Managed Assets, as of the Contract Date, of Hazardous Materials, Contaminated Soil or groundwater or other Contaminated Materials (but expressly excluding for purposes of this definition (i) any matters disclosed to the Contractor by the County as of the Contract Date; (ii) any matters of which the Contractor has actual knowledge as of the Contract Date; and (iii) asbestos and lead which is uncovered as a result of demolition activities, and any such excluded matters shall not constitute a Pre-Existing Environmental Condition for which the Contractor could be afforded relief from its obligations hereunder or additional compensation).

Prime Rate means the prime rate as published in The Wall Street Journal (Eastern Edition), or a mutually agreeable alternative source of the prime rate if it is no longer published in The Wall Street Journal (Eastern Edition) or the method of computation thereof is substantially modified.

Private Management Approvals means all approvals, authorizations, consents or clearances, if any, necessary to be obtained by the County from the EPA, the EPD or any other Governmental Body in connection with the Management Services to be performed under this Service Contract.

Project Manager has the meaning specified in Draft Contract Article 50.5 (A).

Proposal The document submitted by the offeror in response to this RFP.

Proposal Bond or Guaranty The security furnished with a proposal guaranty that the proposer will enter into a contract if his/her proposal is accepted by the County.

Proposer any firm, partnership, corporation, joint venture, LLC or any combination thereof submitting a proposal in response to This RFP.

Public Education and Community Outreach Plan means the plan to be developed by the Contractor based upon the outline contained in Exhibit 14.

Pump Station Realty the parcels of real property upon which the Pump Stations or any portions thereof, are located.

Inclusive of Managed Assets Realty.

Pump Stations those pump stations and related air release valves, and meters, which pump and Influent to the Plants, together with all improvements thereto acquired, installed, constructed or reconstructed from time to time. Inclusive of Managed Assets Realty, Structures, and Equipment. Included in the term "facilities."

Rating Service means Moody's Investors Service, Inc. or Standard & Poor's Ratings Services, a division of The McGraw-Hill Companies, Inc., or any of their respective successors and assigns and, if such corporations shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "Rating Service" shall be deemed to refer to any other nationally recognized securities rating agency designated by the County.

Raw Sewage has the same meaning of influent and sanitary sewage

RCRA

the Resource Conservation and Recovery Act, 42 U.S.C.A. § 6901 et seq., and applicable regulations promulgated thereunder, each as amended from time to time.

Reference Document means any of the documents attached to this Service Contract identified as such as the same may be amended from time to time in accordance with the terms hereof.

Refuse in the context of wastes or disposal, means rubbish, trash, or garbage of the managed assets.

Renewal Term Has the meaning specified in Article 8 Repair and Replacement Standards means the standards for repairing and replacing the Managed Assets set forth in Article 53 and Exhibit 3.

Request for Proposal (RFP) all documents, whether attached or incorporated by reference, utilized for soliciting sealed proposals.

Required Insurance means the Required Management Period Insurance

Residuals Plant Sludge, biosolids, and Side Streams Responsible Offeror A person or entity that has the capability in all respects to perform fully and reliably the contract requirements.

Responsive Offeror

A person or entity that has submitted a bid or proposal that conforms in all material respects to the requirements set forth in the invitation for bids or request for proposals.

Reuse means effluent treated to NPDES/reuse permit requirements and used within the managed assets or sent to an LAS or to businesses for reuse.

Rolling Stock In the context of this Contract, shall mean personal vehicles, specialty service vehicles, trucks, trailers, cranes, or generally any vehicle the Contractor uses to carry out performance and maintenance requirements.

Sampling Period shall mean from 6AM on one day until 6AM on the following day, or as may be defined in the NPDES permit.

Sanitary Sewage or sewage, means the same as influent.

Sanitary Sewage Collection System means the connected system of pipe, manholes, and pump stations which convey sanitary sewage from customers to the plants.

SCADA

means, in the context of data gathering and telemetry systems, "Supervisory Control and Data Acquisition".

Scope of Work All the services specified, indicated, shown, or contemplated by the Contract, and furnishing by the Contractor of all materials, consumables, equipment, labor, methods, processes, construction and manufacturing materials and equipment, tools, plants, supplies, transportation, record keeping, and other things necessary to complete such services in accordance with the Contract.

Security Instruments means the Guaranty Agreement, Performance Bond, Letter of Credit, Payment Bond.

Senior Supervisors has the meaning specified in Article 50.5 (C) Septage means the liquid and solid material pumped, during cleaning, from a septic tank, cesspool or similar domestic sewage treatment system, or a holding tank, located within the County and municipalities under contract with the County for the processing of Septage at the Plant, and which is normally characterized by large quantities of grit and grease, great capacity to foam upon agitation, poor settling and dewatering characteristics, and high solids and organic content. Refer also to Acceptable Septage, Unacceptable Septage, Trucked-in-material, and Articles 50.15, 52.4.

Service Contract means this Service Contract for the Operation and Maintenance of Water Reclamation and pump station Assets between the Contractor and the County, including the Exhibits, included references, Transaction Agreement Forms and the Transaction Documents, as the same may be amended or modified from time to time in accordance herewith. See also Contract and Agreement.

Service Fee has the meaning set forth in the Draft Contract attached, see Article 62

Service Territory means the portion of the County and all other territories in which customers are served by the Managed Assets.

Sewer Influent all flows reaching the Plants from all connected sources, including residential, commercial, municipal and industrial sources. Sewer Influent includes all wastewater and infiltration and inflows.

Sewer Use Ordinance means the municipal legislative enactment which (1) is enforceable in Federal, State, or Local Courts, and (2) authorizes or enables the County to apply and enforce the IPP and the other requirements of the Clean Water Act, and any requirements created by or pursuant to this Service Contract.

Side Streams means any material other than Plant Sludge which is, or at any time has been, a part of the Sewer Influent or Septage/Trucked-In Material and that ultimately is required to be disposed of in a manner other than that approved for Effluent including, but not limited to, grit (detritus), screenings, scum, grease and liquid byproducts and waste streams from intermediate treatment processing.

Significant Industrial User or "SIU" Means a significant industrial user of the managed assets, as defined in 40 CFR 403.8 (f).

Site the real property on which the Plants and pump stations are located.

Sludge Plant sludge, biosolids, or residuals

Specifications The portion of the Agreement Documents describing in words the technical requirements governing the completion of the various portion of the Scope of Services.

Staffing Plan the staffing plan for the Management Services meeting the requirements set forth in Exhibit 4-Facilities Plans.

means any toxic, hazardous, chemical, industrial, explosive, flammable, volatile, reactive, corrosive or radioactive waste, material or substance which, alone or in combination with other substances, is contained in sufficiently high concentrations or volumes in Influent received at the Managed Assets, and while the Managed Assets are being operated and maintained in accordance with the provisions of this Service Contract so as: to interfere with the biological processes necessary for the removal of the organic and chemical contents of the Influent required to meet the Effluent Requirements;

to endanger human health or safety; or to cause Effluent or Residuals to become a Hazardous Material, if any such result could not reasonably have been provided by the management of the Managed Assets in accordance with the Contract Standards.

A waste, material or substance which is contained in Influent and which is tested under the IPP or other Priority Pollutant Testing shall not be considered to be a Toxic Substance for the purpose of this definition unless such waste, material or substance is present in Influent in levels, with characteristics or for durations which are outside the range of levels, characteristics or durations established as representative by IPP other Priority Pollutant Testing data compiled from the date which is [two] years prior to the Contract Date to the month preceding the date on which such substance is alleged to constitute a Toxic Substance.

State the State of Georgia.

Subcontract means an agreement or purchase order by the Contractor or a Subcontractor to the Contractor, as applicable.

Subcontractor/Sub-Consultant means every person (other than employees of the Contractor) employed or engaged by the Contractor or any person directly or indirectly in privity with the Contractor (including all Subcontractors and every sub-subcontractor of whatever tier) for any portion of the Contract Services, whether for the furnishing of labor, materials, equipment, supplies, services, or otherwise.

Supplier Any individual, firm, or corporation who supplies material or equipment for the Scope of Work (including that fabricated to a special design) but who does not perform labor at the Site.

Sustained Odor Condition has the meaning specified in Exhibit 2Performance Requirements Tax means any tax, fee, levy, duty, impost, charge, surcharge, assessment or withholding, or any payment-in-lieu thereof, and any related interest, penalty or addition to tax.

Term has the meaning set forth in the Draft Contract attached, see Article 8 Termination Date the last day of the Term of this Service Contract.

Ton unit of weight. 2,000 pounds equal one ton

Total Suspended Solids or "TSS" means solids that either float on the surface of, or are in suspension in wastewater, the analysis of which shall conform to 40 C.F.R. 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants."

Toxic Substance

Transaction Agreement Form means any of the Transaction Agreement Forms appended to this Service Contract.

Transaction Document means any of the Transaction Documents appended to this Service Contract.

Transition Period that period between the Contract Date and the Commencement Date during which the County will secure any necessary Private Management Approvals and execute the Transition Plan.

Transition Plan the plan for the transition of operating responsibility for the Managed Assets.

TRC

total residual chlorine.

Trucked-In Material means materials which are delivered to the Plant other than through the collection system and which are permitted under Articles 50.15 & 52.4. as detailed in the Draft Contract attached, see Unacceptable Septage means Septage other than Acceptable Septage.

Uncontrollable Circumstances means any act, event or condition that is beyond the reasonable control of, and is not also the result of the willful or negligent…