27003_B ITB.pdf

3 | P a g e

GENERAL TERMS AND CONDITIONS

ITB 27033-B: Solids Removal

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

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

3. Binding Offer: Each bid shall constitute a firm offer that is binding for ninety (90) days from the date of the bid opening, unless the bidder takes exception to this provision in writing.

4. Bidder’s Questions: As appropriate, the county will post answers to questions and/or other information concerning the invitation to bid in the form of an addendum on the county’s website at www.fayettecountyga.gov. It is the responsibility of the prospective bidder to check the website for any addenda issued for this invitation to bid.

5. References: Include with your bid 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 invitation to bid, on the form provided.

Include all information as requested on the form.

Bid Submission: Submit your bid, along with any addenda issued by the county, in a sealed opaque envelope. Mail or deliver one (1) original bid, signed in ink by a company official authorized to make a legal and binding offer, and one (1) copy on a USB Drive to:

Fayette County Purchasing Department 140 Stonewall Avenue West, Suite 204 Fayetteville, Georgia 30214

Bid Number: 27033-B Bid Name: Solids Removal

Also show your company name on the envelope. You may submit sealed bids in person, by U.S.

mail, or by a commercial carrier. Do not submit bids by facsimile, e-mail, or other electronic means. Once submitted, all bids become the property of Fayette County.

6. Bid Preparation Costs: The bidder shall bear all costs associated with preparing the bid.

7. Late Bids: Bids not received by the time and date of the scheduled bid opening will not be considered, unless the delay is a result of action or inaction by the county.

http://www.fayettecountyga.gov/

4 | P a g e

8. More than One Bid: Do not submit alternate bids or options, unless requested or authorized by the county in the Invitation to Bid. If a responder submits more than one bid without being requested or authorized to do so, the county may disqualify the bids from that responder, at the county’s option.

9. Bid Corrections or Withdrawals: The bidder may correct a mistake, or withdraw a bid, before the bid opening by sending written notification to the Director of Purchasing. Bids may be withdrawn after the bid opening only with written authorization from the Director of Purchasing.

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

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

12. Brand Name: If items in this invitation for bid have been identified, described or referenced by a brand name or trade name description, such identification is intended to be descriptive, but not restrictive and is to indicate the quality and characteristics of products that may be offered.

Alternative products may be considered for award if clearly identified in the bid. Items offered must meet required specifications and must be of a quality which will adequately serve the use and purpose for which intended.

13. Bidder Substitutions: Bidders offering substitutions or deviations from specifications stated in the invitation to bid, shall list such substitutions or deviations on the “Exceptions to Specifications” sheet provided, or on a separate sheet to be submitted with the bid. The absence of such list shall indicate that the bidder has taken no exception to the specifications. The evaluation of bids and the determination as to equality and acceptability of products or services offered shall be the responsibility of the county.

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

15. Bid Evaluation: Award will be made to the lowest responsive, responsible bidder, 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 bidder to perform, and the bidder 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 bid item, any bid, or all bids, and to re-advertise for bids.

16. 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 bid, but only if they give the county at least 15 days from receipt of invoice to pay. For taking discounts, 5 | P a g e 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.

17. Trade Secrets – Confidentiality: If any person or entity submits a bid or proposal that contains trade secrets, an affidavit shall be included with the bid or proposal. The affidavit shall declare the specific included information which constitutes trade secrets. Any trade secrets must be either (1) placed in a separate envelope, clearly identified and marked as such, or (2) at a minimum, marked in the affidavit or an attached document explaining exactly where such information is, and otherwise marked, highlighted, or made plainly visible. See O.C.G.A. § 50-18- 72 (A)(34).

18. Trade Secrets – Internal Use: In submitting a bid, the bidder agrees that the county may reveal any trade secret materials contained in the bid 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 bidder 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 bidder has designated as a trade secret.

19. 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.

20. Term of Contract: The term of this agreement shall begin upon the issuance 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).

21. 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

6 | P a g e

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.

22. Contract Execution & Notice to Proceed: After the Board of Commissioners makes an award, 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 bidder prior to the county issuing the Notice to Proceed.

23. 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.

24. Insurance: The successful bidder 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 with the successful bidder is executed, the successful bidder shall provide Certificates of Insurance for all required coverage. The successful offeror can provide the Certificate of Insurance after award of the contract, but must be provided prior to execution of the contract document by both parties. The certificate shall list an additional insured as follows:

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

25. Bid Bond: You must include a bid bond with your bid, equal to five percent (5%) of the total amount bid. Bid bonds shall be provided by a surety which appears on Georgia’s list of approved sureties administered by the State Insurance Commissioner, or the U.S. Treasury’s list of approved bond sureties (Circular 570).

26. Performance and Payment Bonds: Prior to execution of a contract, the successful bidder shall submit performance and payment bonds each equal to 100 percent of the contract value, provided by a surety which appears on Georgia’s list of approved sureties administered by the State Insurance Commissioner, or the U.S. Treasury’s list of approved bond sureties (Circular

7 | P a g e

570).

27. Building Permits: Work performed for the county requiring building permits by licensed contractors will not have permit fees assessed, although any re-inspection fees for disapproved inspections will be the responsibility of the contractor prior to final inspections and the Certificate of Occupancy or Certificate of Completion being issued.

28. 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.

29. Assignment of Contract: Assignment of any contract resulting from this invitation to bid will not be authorized, except with express written authorization from the county.

30. 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.

31. 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.

32. 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.

33. 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. As appropriate, the county will compensate the contractor for completed performance, and for any partially completed performance as determined by the county to be adequately performed. Termination shall be without prejudice to any of the county’s rights or remedies by law.

34. 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 submitted by the contractor, which shall itemize each element of performance completed.

35. 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, 8 | P a g e natural disaster, act of government, or any other act or condition beyond the reasonable control of the party in question.

36. 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 the appropriate venue in Fayette County, Georgia.

9 | P a g e

Checklist of Required Documents

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

Company information – on the form provided __________

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

Bid Bond __________

Pricing sheet __________

List of exceptions, if any – on the form provided __________

References – on form provided __________

Addenda, if Any __________

COMPANY NAME_______________________________________________________

10 | P a g e

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

_____________________________________________ 27033-B: Solids Removal Name of Contractor 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: _____________________________

11 | P a g e

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: __________________________________________________________

Phone Number: ___________________

E-mail Address: _________________________________________________

12 | P a g e

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: ______________________________________________________

13 | P a g e

SCOPE AND SPECIFICATIONS

ITB 27003-B Solids Removal

OBJECTIVE

Fayette County, Georgia seeks a qualified contractor for the removal and disposal of drinking water treatment solids generated at the Crosstown Water Treatment Plant owned/operated by Fayette County Water System by dewatering and disposal.

INTRODUCTION

The Fayette County Water System is a part of Fayette County government, operating under the Board of Commissioners and the County Administrator. The Water Committee acts as an advisory role for the Board of Commissioners.

The Crosstown Water Treatment Plant provides potable water for the County.

Crosstown Water Treatment plant is located at 3500 TDK Boulevard, in Peachtree City, Georgia. The plant was built in 1986 and expanded in 1997. It has a production capacity of 13.5 million gallons per day.

SCOPE OF RESPONSIBILITIES FOR CONTRACTOR:

Contractor shall furnish all permits, materials, equipment, and labor necessary for performing all work for dewatering, loading, transporting and disposal of solids in lagoons at Fayette County Water System’s Crosstown WTP during the initial term of the contract.

The successful bidder shall keep and maintain records which will enable the Fayette County Water System, as well as the bidder, to ascertain and determine clearly and accurately the total removed and disposed quantities and location of solids from FCWS facilities. The method of record keeping shall be proposed by the successful bidder and is subject to Fayette County Water System approval.

Land Application and Solid Waste Sites must meet GA EPD and U.S. EPA 40 CFR Part 257 and 258 Regulations.

14 | P a g e

PRICING SHEET

Site Estimated Tonnage

Unit Cost Per Wet Ton

Total Cost

Crosstown WTP

– North Lagoon

1600 Wet Tons

Crosstown WTP

– South Lagoon

1200 Wet Tons

** ESTIMATED - BASED ON FIELD MEASUREMENTS – Actual tonnage may be more or less

Notes:

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

State time needed to commence work after notice to proceed is issued ___________Days.

State length of time needed to complete project _______________ Days.

15 | P a g e

EXCEPTIONS TO SPECIFICATIONS

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