091125_996_B_CP Grease Trap Pumping and Maint.pdf

ATLANTA PUBLIC SCHOOLS

IFB 091125-996-B-CP

Grease Trap Pumping and Maintenance Services

Procurement Services

130 Trinity Avenue, S.W.

4th Floor

Atlanta, Georgia 30303

Invitation for Bid

For

December 05, 2025

RFP Number: IFB 091125-996-B-CP Grease Trap Pumping and Maintenance Services

Due Date: January 05, 2026

Time Due: 11:00 a.m. ET

NIGP Commodity Code(s): 210-75, 670-09,670-54, 670-55, 670-56, 670-57, 670-58, 670-95, 910-70

ADVERTISEMENT FOR INVITATION TO BID

NOTICE TO BIDDERS

Atlanta Public Schools invites bids for Grease Trap Pumping and Maintenance Services (District-Wide).

If you are unable to download these documents, you may contact the assigned procurement buyer, Canettra Petty, at (404) 802-2471 or Canettra.Petty@atlanta.k12.ga.us.

Bids shall be submitted online at https://aps.bonfirehub.com/opportunities/204928. The Office of Procurement Services will only accept bids submitted online. Bid submissions are due by 11:00 a.m. ET on January 05, 2026 (as determined by the timestamp when submitted online).

APS will only accept online submissions for this IFB. Bids can be submitted online at https://aps.bonfirehub.com/opportunities/204928. Bids submitted after the bid close date will not be accepted. Note: Any bid submitted in any other format (email, paper, fax, mail, etc.) will not be accepted for any reason.

Please adhere to the dates and Ɵmes outlined below to ensure proper and Ɵmely online submission.

TENTATIVE TIMELINE

12/05/2025 Release IFB to the marketplace

12/12/2025 Deadline for written questions, 2 p.m., ET

12/19/2025 Response to questions to be posted to Bonfire.

01/05/2026 IFB due online Bonfire by 11:00 a.m., ET

01/09/2025 AdministraƟve Review

01/13/2025 Evaluation

02/02/2025 Recommendation to the APS Board of Education

TABLE OF CONTENTS:

Section 1 Introduction

Section 2 Scope of Work

Section 3 General Information

Section 4 Contractor Requirements

Section 5 General Terms and Conditions

Section 6 Contract Award

Section 7 Submission Requirements

Section 8 Award

Section 9 Local Preference

Section 10 Contract

Attachments:

Attachment 1: Offeror Affirmation Form

Attachment 2: Offeror Information Form

Attachment 3: Offeror Inclusion Form

Attachment 4: Offeror Reference Form

Attachment 5: Primary Vendor/Subcontractor Utilization Form

Attachment 6: Promise of Non-Discrimination

Attachment 7: Joint Venture Affidavit

Attachment 8: Contract Exceptions

Attachment 9: E-Verify Affidavit of Compliance

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

2. Subcontractor Affidavit under O.C.G.A. 13-10-91 (b)(3); if applicable

3. Affidavit of Exception (if applicable)

Attachment 10: Local Preference

Attachment 11: No Influence and Non-Collusion Affidavit

Exhibits:

Exhibit A Pricing Sheet – Grease Trap Pumping and Maintenance Services

Exhibit B School Schedule

Exhibit C Grease Traps by List of Schools

Exhibit D City of Atlanta Ordinance & Inspection Requirements for new and

Existing Grease Traps

1.0 INTRODUCTION

1.0.1 To be entitled to consideration, bids shall be submitted online at hƩps://aps.bonfirehub.com/opportuniƟes/204928. The Office of Procurement Services will only accept bids submitted online. Bid submissions are due 11:00 a.m. ET on the date outlined in the solicitation (as determined by the time stamp clock when submitted online).

1.0.2 Bids can be submitted online at hƩps://aps.bonfirehub.com/opportuniƟes/204928. Bids submitted after the bid close date will not be accepted. Note: Any bid submitted in any other format (email, paper, fax, mail, etc.) will not be accepted for any reason.

1.1 PURPOSE

1.1.1 The Atlanta Independent School System (hereinaŌer, “Atlanta Public Schools” or “APS”) invites qualified contractors to submit proposals to provide grease trap pumping and maintenance services.

1.1.2 In using this method for solicitation, we request your best effort in seeking the best value for our requirements. To be eligible for consideration, proposals must be presented in accordance with the instructions outlined in this solicitation and submitted within the specified timeframe.

It shall be the responsibility of the selected Offeror to meet all specifications and guidelines set forth herein. Atlanta Public Schools, at its discretion, determines the criteria and process whereby bids are evaluated and awarded. No damages shall be recoverable by any challenger as a result of these determinations or decisions by Atlanta Public Schools.

1.1.3 This solicitaƟon is issued in accordance with applicable state and federal laws.

1.2 BACKGROUND

1.2.1 Atlanta Public Schools (APS) is the seventh-largest school system in Georgia and the eighty-ninth-largest school system in the naƟon. Current enrollment is esƟmated at approximately

51,000 students in 87 public, Charter/partner schools, grades PK-12, and thirteen (13) administraƟve/office buildings.

1.3 INTENT TO AWARD

APS intends to make one (1) award; however, APS reserves the right to make one (1) award, mulƟple awards, or no award for IFB 091125-996-B-CP Grease Trap Pumping and Maintenance

Services.

1.4 CONTRACT TERM

The first term of the contract will be one year, with Atlanta Public Schools and the vendor having the opƟon to renew up to four addiƟonal one-year contract periods in wriƟng. Under this solicitaƟon, Bidders shall respond to the exhibits listed below:

Grease Trap Pumping and Maintenance Services (District-Wide)

Exhibit A Pricing Sheet – Grease Trap Pumping and Maintenance Services

Exhibit B School Schedule

Exhibit C Grease Traps by List of Schools

Exhibit D City of Atlanta Ordinance & Inspection Requirements for new and

Existing Grease Traps

2.0 SCOPE OF WORK

2.0.1 This service is to provide grease trap pumping and maintenance services by licensed waste haulers in full compliance with all applicable local, state, and federal regulaƟons, including but not limited to the City of Atlanta Code of Ordinances Part II, Chapter 154 (UƟliƟes), ArƟcle V (Sewage Disposal), Division 4 (Discharge RestricƟons), SecƟons 154-297.01 through 154-

297.03 (City of Atlanta Grease Management Ordinance). All services must be scheduled through the Atlanta Public Schools NutriƟon Services Department prior to work being performed. Exhibit C lists all the school addresses, grease trap sizes, and quanƟƟes.

2.0.2 The contractor agrees to provide goods and services to APS and to perform all required tasks within the scope of work.

2.0.3 The contractor must monitor a 24-hour customer service hotline in case APS needs to contact the contractor for services.

2.0.4 All services must be scheduled through the Atlanta Public Schools NutriƟon Services Department before work is performed. Exhibit C lists all the school addresses, grease trap sizes, and quanƟƟes. (See Exhibit C)

2.0.5 The bidder shall perform the following tasks on an as-needed basis and must maintain all required permits and licenses for waste hauling and disposal.

2.0.6 APS reserves the exclusive right to select, approve, or deny any remedial contractors for environmental cleanup and restoraƟon work necessitated by Contractor's negligence. The

Contractor shall bear complete financial responsibility for all costs associated with such remediaƟon, including but not limited to:

a. Emergency response and containment measures.

b. Environmental assessment and tesƟng.

c. Soil and groundwater remediaƟon.

d. Regulatory agency fines and penalƟes.

e. Third-party remedial contractors approved by APS.

f. Long-term monitoring and maintenance as required by regulatory authoriƟes.

2.1 INSIDE GREASE TRAP

2.1.1 Pump as needed with a minimum frequency of every fourteen (14) days to ensure compliance with the industry standard 25% capacity rule and in accordance with the City of Atlanta Code of Ordinances Part II, Chapter 154, ArƟcle V, Division 4, SecƟons 154-297.01 through 154-

297.03 (City of Atlanta Grease Management Ordinance). This prevenƟve maintenance schedule ensures that grease traps do not exceed 25% of their total capacity due to the accumulaƟon of fats, oils, and grease (FOG), thereby maintaining opƟmal operaƟonal efficiency and ensuring regulatory compliance.

2.1.2 Clean interior baffle and grease trap lids; scrape and remove all debris from inside the grease trap.

2.1.3 Jet or rod upstream and downstream of the grease trap lines to remove buildup of debris.

2.1.4 Check the grease trap for proper flow and operaƟonal funcƟonality.

2.1.5 Reseal the lid to trap, ensuring an air and water-Ɵght seal.

2.1.6 Grease trap sizes as follows:

Trap Size Inventory (Inside) Number of Traps

8 gal 1

20 gal 7

25 gal 6

35 gal 1

100 gal 3

2.2 DRUM OR BARREL:

2.2.1 Pump is needed with a minimum frequency of every ninety (90) days to ensure proper waste oil collecƟon and prevent overflow, maintaining compliance with applicable waste management regulaƟons and the City of Atlanta Code of Ordinances Part II, Chapter 154, ArƟcle V, Division 4, SecƟons 154-297.01through 154-297.03 (City of Atlanta Grease Management Ordinance).

2.2.2 Bidder shall supply an approved drum or barrel for used waste oil (fat, oil, or grease) meeƟng all regulatory specificaƟons.

2.3 OUTSIDE GREASE TRAP:

2.3.1 Pump is needed with a minimum frequency of every ninety (90) days to maintain the 25% capacity threshold and ensure compliance with the City of Atlanta Code of Ordinances Part II, Chapter 154, ArƟcle V, Division 4, SecƟons 154-297.01 through 154-297.03 (City of Atlanta Grease Management Ordinance) and all other applicable regulatory requirements.

2.3.2 Jet or rod upstream and downstream of the grease trap lines to remove buildup of debris.

2.3.3 Catch and contain all debris from the line using proper containment methods.

2.3.4 Grease trap size as follows:

2.4 RECORDS AND RECORD KEEPING REQUIREMENTS:

2.4.1 Records shall be maintained in accordance with all applicable local, state, and federal regulaƟons, including but not limited to the City of Atlanta Code of Ordinances Part II, Chapter 154, ArƟcle V, Division 4, SecƟons 154-297.01 through 154-297.03 (City of Atlanta

Grease Management Ordinance) and all other governing waste management statutes.

2.4.2 The vendor shall be responsible for maintaining comprehensive records (manifests), permit applicaƟons, correspondence, sample data, or any documentaƟon as may be requested by regulatory authoriƟes, documenƟng dates of service, quanƟty of waste removed, end disposal site of waste, and waste hauler idenƟficaƟon.

2.4.3 These records shall be maintained on-site at the vendor's licensed facility for a period of three (3) years and shall be subject to regulatory review without prior noƟficaƟon. The manifest shall be submiƩed to the APS NutriƟon ExecuƟve Director aŌer pumping, along with the invoice.

2.4.4 The records shall also be submiƩed for annual permit renewal as required by applicable regulatory authoriƟes and the City of Atlanta Code of Ordinances Part II, Chapter 154, ArƟcle V, Division 4, SecƟons 154-297.01 through 154-297.03 (City of

Atlanta Grease Management Ordinance).

2.5 MANIFEST REQUIREMENTS

2.5.1 The vendors shall submit manifest reports via email in electronic format (PDF or

Excel) containing the following required informaƟon.

2.5.2 FOOD SERVICES, SALES, OR PROCESSING ESTABLISHMENT:

Name

Phone

Address

Food service establishment wastewater discharge permit number.

Trap type and size

Date of service

Authorized signature (verifying that the grease trap was cleaned and in operable condiƟon )

2.5.3 SERVICE COMPANY INFORMATION (WASTE HAULER):

Name

Address

Phone

Hauler permit number

Total gallons removed from the grease trap

Disposal method

Authorized signature

Date of service

2.5.4 DISPOSAL SITE:

Name

Address

Phone

Facility permit number

Total gallons received

Disposal method

Authorized signature

Date of service

2.5 BID FORM/PRICE FORM – (Exhibit A)

2.6.1 All pricing must be submiƩed on Exhibit A.

2.6.2 Contractors must provide unit costs for both:

2.6.2.1 Cost per gallon pumped

2.6.2.2 Cost to clean a single grease trap (including chemical treatment and labor)

2.6.3 The number of traps listed on the bid form is an esƟmate only. APS does not guarantee that any specific quanƟƟes will be purchased or serviced.

2.6.4 Service frequency requirements are specified on Exhibit A and must be adhered to as a minimum standard.

2.7 SCHEDULE - (Exhibit B)

2.7.1 The vendor will pump designated grease traps in accordance with the schedule and requirements below:

2.7.1.1 The first pump shall begin aŌer the bid is awarded and shall be completed within twenty (20) working days, excluding Saturdays, Sundays, and holidays.

2.7.1.2 Subsequent pumping shall be performed at intervals of every ninety (90) days or as needed for outside traps and every fourteen (14) days or as required for inside traps. Pumping shall be completed within twenty (20) working days, excluding Saturdays, Sundays, and holidays. Individual emergency pumping may be required and requested during the contract period to maintain regulatory compliance.

2.7.1.3 Prior to beginning each round of pumping, the vendor will provide the ExecuƟve Director of NutriƟon with a tentaƟve schedule including the name of each school and scheduled dates of cleaning. This schedule must be approved in wriƟng by APS.

2.7.1.4 Vendor must be accessible for emergency cleaning requests within two (2) hours of being noƟfied of the emergency.

2.7.1.5 The district’s scheduled holidays are as follows:

1. New Year’s Day

2. MarƟn Luther King, Jr. Day

3. Spring Break (in April)

4. Memorial Day

5. Independence Day (4th of July)

6. Labor Day

7. Thanksgiving Day

8. Winter Holiday (in December)

2.7.1.6 APS shall provide an annual fiscal year FY calendar (Exhibit B) showing all teachers' planned days, student holidays, etc., that do not affect FaciliƟes Services OperaƟons.

2.8 PROJECT COMPLETION

2.8.1 Work must be completed within the negoƟated timeline.

2.9 PRIMARY COMPANY CONTRACT

2.9.1 A single contact person shall be assigned to manage this contract, as well as an alternate. This individual will take phone calls, e-mails, and invoices, provide reports, coordinate technician schedules, and perform all other day-to-day operaƟons.

Contact Person: _____________________________ Phone Number: _____________________________ E-mail Address: ______________________________

2.9.2 This individual will report to the APS RepresentaƟve assigned by the ExecuƟve Director, NutriƟon Department

3.0 GENERAL INFORMATION

3.1 All quesƟons or requests for clarificaƟon must be submiƩed through Bonfire to the buyer of record.

3.2 All aƩachments related to this solicitaƟon will be posted on the Bonfire website at hƩps://aps.bonfirehub.com/opportuniƟes/204928. The bidder must check the Bonfire website for any addendums, responses to bidder quesƟons, or other communicaƟons related to this solicitaƟon.

3.3 The contractor shall provide evidence of all insurance with their response in the form of a sample CerƟficate of Insurance (Acord) idenƟfying all required coverage limits and specifying any applicable deducƟble or retenƟon.

3.4 The contractor must submit proof of insurance within five (5) business days aŌer receiving a leƩer of intent. The insurance requirements are included in secƟon 5 of the General Terms and CondiƟons.

3.5 The ACORD cerƟficate of insurance must list Atlanta Public Schools as addiƟonal insured and include the vendor’s name and number.

3.6 The contractor agrees to and shall extend all the same pricing, terms, and condiƟons bid to Atlanta Public Schools (APS) to all APS-authorized charter schools through a separate legal agreement with the charter school (with the expectaƟon that payment and coordinaƟon of services will be worked out individually between the vendor and the respecƟve charter school). While charter schools are separate legal enƟƟes from APS, they serve APS students and are a part of the APS school district.

3.7 All work conducted must be in accordance with all local, state, and federal guidelines and regulaƟons. The vendor must maintain all required permits, licenses, and cerƟficaƟons for waste hauling, transportaƟon, and disposal operaƟons.

4.0 CONTRACTOR REQUIREMENTS

4.0.1 APS policy requires that all vendors, consultants, or vendors providing services on APS premises be fingerprinted and submiƩed to a criminal record check iniƟated by APS before providing services to APS. There is a $45 fee (plus a service fee) for background checks. Our online Background Check Payment opƟon allows you to pay for this in advance. Please keep your digital receipt and proof of payment for your records. The payment of this fee is the sole responsibility of the vendor, consultant, or the employing company. Any contract awarded in response to this solicitaƟon is conƟngent upon compliance with this requirement and a saƟsfactory background check, as determined by APS.

4.1 USE OF SUBCONTRACTORS

4.1.1 If subcontractors will be used in the performance of this contract, the contractor must complete and submit the Primary Contractor/Subcontractor UƟlizaƟon form with its response.

4.1.2 The contractor shall not assign duƟes to perform services or provide goods to APS under this contract to a subcontractor not listed in the contractor’s response to this solicitaƟon.

4.1.3 If a subcontractor is removed from the contract during the term, the contractor must noƟfy APS Procurement Services in wriƟng with the subcontractor's name, reason for removal, and effecƟve date.

4.1.4 If the contractor desires to add a subcontractor at any Ɵme during the contract's term, the contractor must submit to APS Procurement Services in wriƟng the following informaƟon on the subcontractor: company name, address, telephone and fax number, service they will be providing, and proposed effecƟve date. The subcontractor may not begin providing service unƟl approved by APS.

4.1.5 The contractor is responsible for ensuring that all subcontractors who provide goods or services under this contract comply with the terms and condiƟons of the contract.

4.1.6 The contractor shall give APS immediate wriƩen noƟce of any claim, acƟon, or suit filed against the contractor by any subcontractor.

4.1.7 APS reserves the right to require that a subcontractor be removed from the contract.

4.2 The contractor must complete and submit with their proposal the applicable documentaƟon related to Georgia House Bill 87 (commonly known as the “Illegal ImmigraƟon Reform and Enforcement Act of 2011”).

4.3 InformaƟon on Georgia House Bill 87 may be viewed on the APS website at:

hƩps://www.atlantapublicschools.us/Page/22476

4.4 Failure to provide the required Georgia House Bill 87 documentaƟon may result in the offeror’s response to the solicitaƟon being deemed non-responsive and ineligible for evaluaƟon.

4.5 The Atlanta Board of EducaƟon desires the Atlanta Public Schools to operate as ethically and conscienƟously as possible. Employees are expected not only to avoid any direct conflict of interest but also to avoid even the appearance of impropriety. To comply with Board policy and to ensure that our relaƟonship with contractors is above reproach, contractors are prohibited from giving any APS employee any giŌ, favor, loan, reward, poliƟcal contribuƟon, gratuity, entertainment, transportaƟon, lodging, or meal except those of nominal value (less than $50.00), which must be disclosed to the immediate supervisor and the Department of Internal AudiƟng. AdverƟsing items and instrucƟonal products that are widely distributed may be accepted. (Refer to Policy GAG and GAJB-hƩps://www.atlantapublicschools.us/Domain/3944).

4.6 All contractors who desire to do business with APS as awarded contractors shall be required to comply with the Board policy GAG, Staff Conflict of Interest. All awarded contractors to APS solicitaƟons shall provide persons with equal opportunity without regard to race, color, sex, religion, naƟonal origin, marital status, sexual orientaƟon, age, or disability.

4.7 CONTRACTOR CONDUCT:

4.7.1 The contractor’s employees are expected to exhibit professional, courteous conduct and an appropriate appearance. Any conduct or appearance deemed inappropriate by an APS representaƟve will be grounds for removal from APS property.

4.7.2 The contractor’s employees are to respect faculty, students, and visitors; they are prohibited from fraternizing with these groups. FlirtaƟous behavior, soliciƟng monies, names, addresses, and other such inquiries, will result in the employee being removed from the premises.

4.7.3 The Contractor’s employees must sign into the district’s visitor management system, which is in the front office of every school and district building. APS badges must be prominently displayed on the outer garment of the contractor employee. Failure to do so consƟtutes a violaƟon of the district’s security protocol, subjecƟng the employee to immediate removal from the premises and the vendor to potenƟal fines for each violaƟon.

4.7.4 Also, radio or audible music is not allowed at worksites. Contractors shall assign the required staff to each locaƟon to be serviced, ensuring that the work can be conducted quickly and efficiently.

4.8 LOST/DAMAGED APS PROPERTY

4.8.1 The contractor shall be responsible for repairing or replacing, to the saƟsfacƟon of APS, any damage caused by any willful or negligent act of its employees. The Contractor is also liable for any theŌ proven to have been commiƩed by its employees or made possible by their intenƟonal or careless acƟons.

4.8.2 If APS incurs any costs due to illegal or inappropriate conduct by the Contractor’s employees, the contractor will reimburse APS for such costs; such costs shall include, but are not limited to, the following:

a. Re-keying or restoring of locks; Service charges levied by security alarm Contractors, law enforcement agencies, or security companies in response to false alarms.

b. Payments to law enforcement agencies or security companies for invesƟgaƟons of conduct that proves an employee’s inappropriate or illegal conduct.

c. Replacement costs of items missing or damaged due to the employee’s conduct.

4.8.3 APS reserves the right to remove the contractor from the site based on the severity of the acts commiƩed by the contractor’s staff. The acts would be reviewed by assigned APS staff members.

4.8.4 No work shall be performed in an area where children may return later in the day unless approved by the APS RepresentaƟve.

4.9 WORKING ON AN APS SITE

4.9.1 All personnel shall be dressed in a manner authorized by the contractor unless otherwise indicated by APS in wriƟng. A uniform that idenƟfies the worker as an employee of the contractor’s workforce shall always be worn during work hours. The uniform should include the company’s name. Aƫre not in accordance with APS standards will not be authorized.

4.9.2 The contractor’s employees are expected to exhibit professional, courteous conduct and an appropriate appearance. Any conduct or appearance deemed inappropriate by an APS representaƟve will be grounds for removal from APS property. Contractor employees are expected to respect faculty, students, and visitors; they are prohibited from engaging in social interacƟons with these groups. FlirtaƟous behavior, soliciƟng money, or requesƟng names, addresses, and other personal informaƟon will result in the employee being removed from the premises. The contractor shall assign the required staff to each locaƟon to be serviced.

4.9.3 The contractor shall be responsible for repairing or replacing, to the saƟsfacƟon of Atlanta Public Schools, when any damage is caused by any willful or negligent act of their employees. The contractor is also liable for any theŌ proven to have been commiƩed by their employees or made possible by their employees' willful or negligent acƟon. APS reserves the right to remove the contractor from the site based on the severity of the acts commiƩed by the contractor’s staff.

4.10 ADDITIONAL APS REQUIREMENTS FOR WORKING ON APS PROPERTY

4.10.1 The Facilities and Operations department business hours are 7:00 a.m. EST to 8:30 p.m.

EST unless otherwise indicated herein. Indoor grease traps must be pumped after meal service is complete, typically after 12:00 p.m. EST, unless otherwise noted.

4.10.2 No work shall be performed in an area where children are present or may be present later in the day unless otherwise indicated herein.

4.10.3 The contractor will not leave any materials, equipment, or tools unaƩended.

4.10.4 The Contractor shall be solely responsible for the immediate cleanup, containment, and remediation of any spills, leaks, or environmental releases occurring during the performance of services under this contract. This includes, but is not limited to, grease, waste oil, cleaning chemicals, or any other materials associated with grease trap maintenance operations.

4.10.5 All areas of work shall be left in a clean condition, and all debris shall be removed daily and upon completion of services.

4.10.6 APS is a tobacco-free environment; tobacco use is prohibited on all APS properties.

4.10.7 The contractor shall observe all reasonable safety precauƟons throughout this contract.

All services shall comply with applicable State and Federal regulatory requirements.

4.10.8 In the event of any spill or environmental incident caused by Contractor's negligence, the

Contractor shall:

a. Immediately contain and clean up the spill using appropriate materials and methods.

b. NoƟfy APS faciliƟes management within one (1) hour of discovery.

c. NoƟfy all required regulatory agencies as mandated by applicable environmental regulaƟons.

d. Document the incident with photographs, wriƩen reports, and regulatory noƟficaƟons.

5.0 GENERAL TERMS AND CONDITIONS

By submiƫng a response to this request, the offeror accepts the responsibility of reading, understanding, and abiding by the General Terms and CondiƟons below:

5.1 OWNER

The Owner for whom the work will be executed is the Atlanta Independent School System (hereinaŌer referred to as “APS,” “District,” or “Board”).

5.2 PURCHASING POLICY

5.2.1 The APS Purchasing Policy, Procedures, and RegulaƟons are incorporated in this solicitaƟon

(and, therefore, any contract awarded as a result of this solicitaƟon) by reference. By parƟcipaƟng in this solicitaƟon, the Offeror agrees to be bound by the APS Purchasing Policy,

5.2.2 Procedures and RegulaƟons in any issue or acƟon related to this solicitaƟon or subsequent contract resulƟng from this solicitaƟon.

5.3 ADDENDUM

Addendum(s) issued in wriƟng during the solicitaƟon will be incorporated in the subsequent contract.

No oral interpretaƟons will be made to the Offeror regarding the meaning of solicitaƟon documents.

Requests for such arrangements must be made in wriƟng to the ExecuƟve Director of Procurement

Services at least seven (7) days prior to the bid receipt deadline. Failure on the part of the successful vendor to submit a wriƩen request for interpretaƟon shall not relieve them of the obligaƟon to execute such work in accordance with a later interpretaƟon by the APS. All interpretaƟons made to the offerors shall be made as an addendum to the solicitaƟon documents and sent to all who have obtained these solicitaƟon documents from the APS Procurement Services Department. If solicitaƟon documents were obtained via the APS website, review the website for any addendum(s) up unƟl the date and Ɵme the bid is due.

The offeror is responsible for checking Bonfire for any addendums, responses to vendor quesƟons, or other communicaƟons regarding the solicitaƟon.

5.4 CONTRACTOR ELIGIBILITY AND FORMAL SOLICITATION INFORMATION

5.4.1 Contractor Registra on

If the contractor is awarded a contract under this solicitaƟon to do business with APS, a bidder/contractor must first register with the district. The bidder/contractor must complete and submit an electronic applicaƟon to Procurement Services. The applicaƟon is available at hƩps://b2gnow.gob2g.com/?TN=APS. The applicaƟon process can take 5-7 business days to complete. Once the applicaƟon has been processed, the bidder/contractor will be assigned a bidder/contractor number. Bidders/contractors are responsible for noƟfying Procurement Services of any changes to their company or contact informaƟon.

5.4.2 Eligibility

Because APS is commiƩed to awarding contracts to responsible parƟes, enƟƟes listed on the United States Government’s System for Award Management (sam.gov) with an acƟve exclusion will not be eligible for a contract award.

APS policy requires that all contractors, consultants, or service providers on APS premises be fingerprinted and undergo a criminal record check iniƟated by APS before providing services to APS. There is a $45 fee (plus a service fee) for background checks. This may be paid in advance using our online Background Check Payment Online payment opƟon. Please keep your digital receipt and proof of payment for your records.

The payment of this fee is the sole responsibility of the contractor, consultant, contractor, or the employing company. Any contract awarded under this solicitaƟon is conƟngent upon compliance with this requirement and APS's determinaƟon of a saƟsfactory background check.

5.4.3 Formal Solicita ons

Under board policy DJEA, a formal solicitaƟon is required for all purchases and contracts exceeding $50,000. The Procurement Service Department is responsible for conducƟng all formal solicitaƟons. All contracts with a total value over $100,000 require board approval.

All formal solicitaƟons are adverƟsed on:

(1) Bonfire website at hƩps://aps.bonfirehub.com/portal/?tab=openOpportuniƟes

(2) Georgia Procurement Registry at hƩp://ssl.doas.state.ga.us/PRSapp/PR_login.jsp

Contractors are encouraged to visit the APS website periodically to view outstanding solicitaƟons and register as suppliers with the Georgia Procurement Registry.

5.5 INDEMNIFICATION

The contractor shall indemnify, hold harmless, and defend the Board, its agents, servants, and employees from and against any claims, liability, losses, charges, expenses (including aƩorney fees), and causes of acƟon that may arise from any negligent act or omission of the contractor, its agents, servants, or employees in the performance of services under this contract.

The contractor further agrees to indemnify, hold harmless, and defend the Board, its agents, servants, and employees from and against any claim, demand, liability, loss, charges, expenses (including aƩorney fees), and or cause of acƟon of whatever kind or nature arising out of any conduct or misconduct of the contractor not included in the paragraph above and for which the board, its agents, servants, or employees are alleged to be liable.

Nothing contained herein is intended to be a waiver in any respect whatsoever of the Board’s right to assert under any circumstances whatsoever its claims of governmental and or official immunity from any liability or damages argued against it by any natural person or enƟƟes created by law.

5.6 INSURANCE

Upon receipt of the Award, the contractor shall provide a current cerƟficate of insurance as required within five (5) days aŌer noƟficaƟon issued by the APS Procurement Services Department.

The following general insurance requirements apply to any work under this contract by all contractors and subcontractors of any Ɵer:

5.6.1 The Contractor shall provide a current cerƟficate of insurance as required within five

(5) days aŌer the APS Procurement Services Department issues noƟficaƟon.

5.6.2 All insurance required by this Agreement shall be maintained during the enƟre length of this Agreement, including any extensions thereto, and unƟl all work has been completed to the saƟsfacƟon of the APS. All insurance must be on an occurrence basis unless otherwise specified.

5.6.3 Policies wriƩen on a “claims made” basis (typically, cyber, professional liability, and polluƟon liability) shall include the following provisions:

5.6.4 The retroacƟve date must be shown on the cerƟficate of insurance.

5.6.5 Insurance must be maintained for at least two (2) years aŌer compleƟng the work and/or Agreement.

5.6.6 Coverage is canceled or non-renewed aŌer the work has been completed and/or the

Agreement has ended. The Contractor must purchase the extended reporƟng period for a minimum of two (2) years.

5.6.7 The Contractor or any of its subcontractors shall not commence work under the

Agreement unƟl all insurance requirements have been complied with and unƟl evidence of all insurance requirements in each contract with each subcontractor of any Ɵer is provided, and the Contractor shall require the same to comply with all such requirements.

5.6.8 APS does not represent adequate coverage and limits to protect the Contractor.

Insurance provided by the Contractor shall not limit the Contractor’s obligaƟon to indemnify and defend APS for claims or suits that result from or are connected with the performance of this contract.

5.6.9 APS shall be covered as an AddiƟonal Insured, where applicable, under all insurance required by this Agreement. ConfirmaƟon of this shall appear on all cerƟficates of insurance and all applicable policies. The Ɵtle of the awarded Agreement shall also appear on all applicable policies.

5.6.10 APS shall be given no less than thirty (30) days' noƟce of cancellaƟon, material change, or nonrenewal of insurance policies required under this Agreement.

5.6.11 Each and every insurance agent shall warrant when signing the cerƟficate of insurance that she/he is acƟng as an authorized representaƟve on behalf of the company or companies affording insurance coverage under the Agreement, and that the State of Georgia licenses her/him to conduct insurance business in the State of

Georgia, and that the State of Georgia currently licenses the companies affording insurance coverage and are currently in good standing with the Commissioner of

Insurance for the State of Georgia.

5.6.12 All companies providing insurance that this Agreement requires shall meet the minimum financial security requirements set forth below. The raƟng for each company must be indicated on the cerƟficate of insurance. For all contracts, regardless of risk, companies providing insurance under this Agreement must have a current:

a) Best’s RaƟng not less than A-

b) Best’s Financial Size Category not less than Class VII

5.6.13 In the event the Contractor neglects, refuses, or fails to provide insurance required by the Agreement, or if such insurance is canceled for any reason, APS shall have the right, but not the duty, to procure the same, and the cost thereof shall be deducted from monies then due or thereaŌer to become due to the Contractor or APS shall have the right to cancel the Agreement.

5.6.14 All policies shall provide a Waiver of SubrogaƟon in favor of APS.

5.6.15 Worker’s CompensaƟon and Employer’s Liability Insurance

The contractor shall procure and maintain Worker’s CompensaƟon and Employer’s

Liability Insurance in the following limits. Such insurance covers each employee who is or may be engaged in work under this contract.

Workers CompensaƟon:

Statutory limit Employers' Liability:

$500,000 Bodily Injury by Accident – Each Accident

$500,000 Bodily Injury by Disease – Each Disease

$500,000 Bodily Injury by Disease – Each Employee

5.6.16 Comprehensive General Liability Insurance

$2,000,000 General Aggregate

$2,000,000 Products & Completed OperaƟons Aggregate

$1,000,000 Each Occurrence

$1,000,000 Personal & AdverƟsing Injury

$500,000 Damages to Premises / Fire Legal

$5,000 Medical Payments

5.6.17 Automobile Liability Insurance

The Contractor shall procure and maintain Automobile Liability Insurance in an amount not less than $1,000,000 for bodily injury and property damage combined with a single limit, except for remote products or services. The following coverage extensions shall be provided and indicated on the cerƟficate of insurance. Owned, hired, leased, and non-owned vehicles must be covered. If the Contractor does not own any vehicles in the corporate name, non-owned vehicle coverage shall apply. It must be endorsed on either the Contractor’s personal automobile policy or the Comprehensive General Liability coverage required under this Agreement.

5.6.18 Umbrella Liability Insurance. The Contractor shall procure and maintain Umbrella Liability

Insurance in an amount not less than $1,000,000 per occurrence / $2,000,000 aggregate.

5.6.19 Sexual Abuse and MolestaƟon Liability (if applicable).

This is required for all Agreements with services involving youths, children, individuals with special needs or senior ciƟzens.

The CerƟficate of Insurance should clearly state that coverage is not excluded from the General Liability policy or that coverage is a stand-alone policy.

5.6.20 Coverage on an Occurrence Basis is preferred. Coverage on a Claims-Made basis should provide coverage at least two (2) years beyond the Agreement’s compleƟon.

Minimum Requirements:

$1,000,000 Each Claim/Wrongful Act

$2,000,000 General Aggregate

5.6.21 Crime Insurance (if applicable). The Vendor shall obtain crime insurance if the goods or services under the Agreement involve any use, care, custody, or control of any cash, money, securiƟes, and/or wire transfers.

5.6.22 $1,000,000 Employee Dishonesty

$1,000,000 Funds Transfer Fraud

$100,000 Money & SecuriƟes

$1,000,000 Computer Crime

$100,000 Social Engineering or its equivalent

5.6.23 Professional Liability Insurance (if applicable). This is required for all professional service contracts. This shall include any consultants, medical, legal, technical, insurance agents, or other professions that require licenses. Insurance shall be maintained for at least two (2) years aŌer the compleƟon of the work and/or

Agreement.

$1,000,000 Each Claim/Wrongful Act

$2,000,000 General Aggregate

5.6.24 Cyber Liability Insurance. This is required for all soŌware and computer hardware installaƟon, data access, data integraƟons, data usage, cloud storage, SaaS, and/or technology-related contracts. Insurance shall be maintained for at least two (2) years aŌer the compleƟon of the work and/or Agreement.

$1,000,000 Each Claim/Wrongful Act

$2,000,000 Annual Aggregate

$1,000,000 Business InterrupƟon

$1,000,000 Data Recovery

$500,000 Cyber ExtorƟon Expenses

$50,000 Cyber ExtorƟon/Ransom Payments

Coverage shall include, at a minimum:

• InformaƟon Security and Privacy Liability

• Regulatory Fines and PenalƟes

6.0 CONTRACT AWARD

Typically, a contract is awarded to the responsible bidder whose submiƩal APS is determined to be the most advantageous. APS reserves the right to refuse to award a contract to any bidder.

6.1 NON-DISCRIMINATION

The contractor agrees not to discriminate against any person or persons in employment or refuse to conƟnue the employment of any person or persons because of such person’s or persons’ race, color, religion, gender, naƟonal origin, age, veteran status, disability, familial status, or sexual orientaƟon.

6.2 PROTESTS

WriƩen protests regarding the specificaƟons or the solicitaƟon document shall be filed no later than five (5) working days before the requested due date. Other wriƩen protests shall be filed not later than five (5) working days aŌer the requested due date, or if the wriƩen protest is based on a subsequent acƟon of the APS, not later than five (5) working days aŌer the aggrieved person knows or should have knowledge of the facts giving rise to the protest. WriƩen protests are filed with the

ExecuƟve Director of Procurement Services upon receipt. Protests that are not filed promptly, as set forth above, will not be considered.

6.3 TAXES

APS is exempt from all state and federal sales tax and excise tax. These taxes are not included in the pricing.

6.4 COMPLIANCE WITH APPLICABLE STATE, FEDERAL, AND LOCAL LAW

At its own expense, the contractor shall obtain all necessary permits, provide all required noƟces, pay all applicable license fees and taxes, and comply with all relevant state, Federal, and local laws, ordinances, rules, and regulaƟons. The contractor shall agree that, in the performance of the contract, the contractor will comply with all local agreements that the contractor has entered into with any associaƟon, union, or other organizaƟon. EnƟty with respect to wages, salaries, and working condiƟons so as not to cause inconvenience, pickeƟng, or work stoppage.

6.5 COMMENCEMENT, EXECUTION, AND COMPLETION

The contractor shall commence work under a contract at the Ɵme specified in the purchase order or wriƩen noƟce from the owner and shall execute and complete such work with competence, faithfulness, and energy.

6.6 ASSIGNMENT OF CONTRACT

The contractor shall not assign, transfer, delegate, or in any way give its rights, Ɵtle, or interest therein, or its power to execute such contract to another person, company, or corporaƟon, without the prior wriƩen consent of the Atlanta Public Schools.

6.7 MODIFICATIONS TO CONTRACT ONCE EXECUTED

Terms and condiƟons may be added, modified, and deleted upon mutual agreement between APS and the contractor, provided such terms and condiƟons remain within the scope and original intent of the solicitaƟon. Any modificaƟons shall be expressed in wriƟng and approved by the ExecuƟve

Director of Procurement Services before the enactment of such modificaƟons.

6.8 DELIVERY

Prices, Proposals, and deliveries are to be FOB desƟnaƟon, freight prepaid, and shall require inside delivery unless otherwise specified in the solicitaƟon documents. Title and risk of loss shall be passed to APS upon inspecƟon and acceptance at its designated point of delivery unless otherwise specified in the solicitaƟon documents.

6.9 FISCAL FUNDING

Notwithstanding any other provision of this agreement, the parƟes hereto agree that the charges payable to the contractor by the APS under this agreement are funded solely from appropriaƟons received by the APS. In the event such appropriaƟons are determined by the Chief Financial

Officer/Comptroller of

If APS no longer exists or is insufficient concerning the charges payable hereunder, this agreement shall terminate without further obligaƟon of APS at the end of any fiscal period (from now on referred to as “Event”). In such an event, the ExecuƟve Director of Procurement Services shall cerƟfy the occurrence thereof to the contractor.

6.10 PAYMENT

Payment for a single line item or parƟal service when the item or service has been saƟsfactorily delivered may be made within thirty (30) days from either the date of delivery or the receipt of a saƟsfactory invoice in duplicate, whichever occurs last (unless otherwise noted in the documents).

6.11 REPORTS

The contractor shall furnish all reports as requested by the owner.

6.12 TERMINATION

APS reserves the right, at its discreƟon, to terminate any contract awarded for convenience. Suppose any property or service to be furnished by the offeror under a contract or purchase order should, for any reason, not conform to the requirements for this solicitaƟon. In that case, APS may reject the property or service and terminate the contract for breach of contract. With specific instrucƟons from the ExecuƟve Director of Procurement Services, the contractor shall immediately remove the rejected property and replace it with property or services that conform to the requirements of this solicitaƟon, without incurring any expense to the APS.

If the contract is terminated for default, APS may procure such property or services from other sources and shall have the absolute right to deduct from any monies due to the contractor, or that may aŌer that become due to the contractor, the difference between the contract price and the actual cost of the property or service to be replaced or subsƟtuted. If monies due to the contractor are insufficient to saƟsfy the debt, the contractor shall pay any monies due to APS within thirty (30) days of wriƩen noƟce. The price paid by APS in such an event shall be the prevailing market price at the Ɵme the subsƟtute purchase is made.

6.12.1 Immediate Termina on. This Contract will terminate immediately and absolutely if the district determines that adequate funds are not appropriated or granted, or funds are de-appropriated such that the district cannot fulfill its obligaƟons under the Contract, the determinaƟon of which is at the District’s sole discreƟon and shall be conclusive. Further, the District may terminate the Contract for any one or more of the following reasons, effecƟve immediately without advance noƟce:

6.12.1.1 In the event the bidder/contractor is required to be cerƟfied or licensed as a condiƟon precedent to providing goods and services, the revocaƟon or loss of such license or cerƟficaƟon may result in immediate terminaƟon of the

Contract effecƟve as of the date on which the license or cerƟficaƟon is no longer in effect;

6.12.1.2 The District determines that the acƟons, or failure to act, of the bidder/contractor, its agents, employees, or subcontractors have caused, or reasonably could cause, life, health, or safety to be jeopardized;

6.12.1.3 The bidder/contractor fails to comply with confidenƟality laws or provisions and

6.12.1.4 The bidder/contractor furnished any statement, representaƟon, or cerƟficaƟon concerning the Contract or the bidder/contractor’s process that is materially false, decepƟve, incorrect, or incomplete.

6.13.1 Termina on for Cause.

The occurrence of any one or more of the following events shall consƟtute cause for the

District to declare the bidder/contractor in default of its obligaƟons under the Contract:

i. The bidder/contractor fails to deliver or has delivered nonconforming goods or services or fails to perform, to the District’s saƟsfacƟon, any material requirement of the Contract or violates a material provision of the Contract, including, but without limitaƟon, the express warranƟes made by the bidder/contractor;

ii. The district determines that saƟsfactory performance of the Contract is substanƟally endangered or that a default is likely to occur;

iii. The bidder/contractor fails to make substanƟal and Ɵmely progress toward the performance of the Contract;

iv. The bidder/contractor becomes subject to any bankruptcy or insolvency proceeding under federal law, APS’s Board of EducaƟon policy, or State law, to the extent allowed by applicable federal, county, or state law, including bankruptcy policy; the bidder/contractor terminates or suspends its business; or the District reasonably believes that the bidder/contractor has become insolvent or unable to pay its obligaƟons as they accrue, consistent with applicable federal or state law;

v. The bidder/contractor has failed to comply with applicable federal law, APS Board of

EducaƟon policy, and State laws, rules, ordinances, regulaƟons, and orders when performing within the scope of the Contract;

vi. The bidder/contractor has engaged in conduct that has or may expose the district to liability, as determined in the district’s sole discreƟon, or

vii. The bidder/contractor has infringed any patent, trademark, copyright, trade dress, or other intellectual property rights of the district or a third party.

6.14.1 No ce of Default. Suppose a default event occurs due to the bidder/contractor. In that case, the District shall provide wriƩen noƟce to the bidder/contractor requesƟng that the breach or noncompliance be remedied within the period specified in the District’s wriƩen noƟce to the bidder/contractor. If the violaƟon or noncompliance is not remedied within the period specified in the wriƩen noƟce, the District may:

i. Immediately terminate the Contract without addiƟonal wriƩen noƟce;

And

ii. Procure subsƟtute goods or services from another source and charge the difference between the Contract and the subsƟtute contract to the defaulƟng bidder/contractor; and,

iii. Enforce the terms and condiƟons of the Contract and seek any legal or equitable remedies.

6.15.1 Termina on for Convenience. Following thirty (30) days’ wriƩen noƟce, the District may terminate the Contract in whole or in part without paying any penalty or further obligaƟon to the bidder/contractor.

Following terminaƟon upon noƟce, the bidder/contractor shall be enƟtled to compensaƟon, upon submission of invoices and proper proof of claim, for goods and services provided under the Contract to the District up to and including the date of terminaƟon.

6.16.1 Termina on Due to Change of Law. The District shall have the right to terminate this

Contract without penalty by giving thirty (30) days' wriƩen noƟce to the bidder/contractor as a result of any of the following:

i. The District’s authorizaƟon to operate is withdrawn, or there is a material alteraƟon in the programs administered by the District and/or

ii. The District’s duƟes are substanƟally modified.

.17.1 Payment Limita on in the Event of Termina on. In the event of terminaƟon of the

Contract for any reason by the District, the District shall pay only those amounts, if any, due and owing to the bidder/contractor for goods and services rendered up to and including the contract's terminaƟon date and for which the District is obligated to pay under the Contract or Purchase Instrument. Payment will be made only upon submission of invoices and proper proof of the bidder/contractor’s claim. This provision in no way limits the remedies available to the District under the Contract in the event of terminaƟon.

The District shall not be liable for any costs incurred by the bidder/contractor in its performance of the Contract, including, but not limited to, startup costs, overhead, or other costs associated with the performance of the Contract.

6.18.1 The bidder/contractor’s Termina on Du es. Upon receipt of noƟce of terminaƟon or request of the District, the bidder/contractor shall:

i. Cease work under the Contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report within thirty (30) days of the date of noƟce of terminaƟon, describing the status of all work under the

Contract, including, without limitaƟon, results accomplished, conclusions resulƟng from that place, and any other maƩers the District may require;

ii. Immediately cease using and return to the District any personal property or materials, whether tangible or intangible, provided by the District to the bidder/contractor;

iii. Comply with the District’s instrucƟons for the Ɵmely transfer of any acƟve files and work product produced by the bidder/contractor under the Contract;

iv. Cooperate in good faith with the…