25_10077_B_CP _Plumbing SuppliesFinal.pdf

ATLANTA PUBLIC SCHOOLS

IFB 25‐10077‐B‐CP

Plumbing Supplies

Procurement Services

130 Trinity Avenue, S.W.

4th Floor

Atlanta, Georgia 30303

Invitation for Bid

For

January 29, 2025

RFP Number: 25‐10077‐B‐CP Plumbing Supplies

Due Date: February 19, 2025

Time Due: 11:00 a.m. ET

NIGP Commodity Code(s): 670‐54, 670‐55, 670‐56, 670‐57, 670‐58, 670‐95, 910‐60, 934‐64

ADVERTISEMENT FOR INVITATION TO BID

NOTICE TO BIDDERS

Atlanta Public Schools invites bids for Plumbing Supplies (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/169033. The Office of Procurement Services will only accept bids submitted online. Bid submissions are due by 11:00 a.m. ET on February 19, 2025 (as determined by the time stamp when submitted online).

APS will only accept online submissions for this IFB. Bids can be submitted online at https://aps.bonfirehub.com/opportunities/169033. 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 mes outlined below to ensure proper and mely online submission.

TENTATIVE TIMELINE

01/29/2025 Release IFB to the marketplace

02/05/2025 Deadline for written questions, 2 p.m., ET

02/10/2025 Response to questions to be posted to Bonfire.

02/19/2025 IFB due online Bonfire by 11:00 a.m., ET

02/24/2025 Administra ve Review

04/03/2025 Recommendation to the APS Board of Education( If applicable)

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 – Plumbing Supplies

Exhibit B School Calendar

1.0 INTRODUCTION

1.0.1 To be entitled to consideration, bids shall be submitted online at https://aps.bonfirehub.com/opportunities/169033. 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 https://aps.bonfirehub.com/opportunities/169033.

Bids submitted after the bid close date will not be accepted. Note: Any bid submitted in any other formats (email, paper, fax, mail, etc.) will not be accepted for any reason.

1.1 PURPOSE

1.1.1 The Atlanta Independent School System (hereina er, “Atlanta Public Schools” or “APS”) invites qualified contractors to submit proposals to provide plumbing supplies.

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 shall be presented in accordance with the instructions of this solicitation and within the timeframe specified. 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 solicita on 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 na on. Current enrollment is es mated at approximately

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

1.3 CONTRACT TERM

The first term of the contract will be one year, with Atlanta Public Schools and the vendor having the op on to renew up to four addi onal one‐year contract periods in wri ng.

Under this solicita on, Bidders shall respond to the exhibits listed below:

Plumbing Supplies (District ‐Wide)

Exhibit A Pricing Sheet – Plumbing Supplies

Exhibit B School Calendar

2.0 SCOPE OF WORK

2.01 The contractor shall provide plumbing supplies and describe how they will report all deliverables and benchmarks to the authorized APS representa ve with Atlanta Public Schools.

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

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

2.04 The parts furnished under this contract must be the latest improved models in the current produc on, as offered to commercial trade, and shall be of quality material.

2.05 Under this contract, APS will not accept used, shopworn, demonstrator, prototype, recondi oned, or discon nued material.

2.06 The warranty period submi ed by the contractor shall be for a period of one year a er comple on of the installa on or within the manufacturers’ warranty, whichever is the later period.

2.07 The warranty period shall commence upon the date of acceptance by APS.

2.08 The contractor shall provide the authorized APS representa ve with all manufacturers’ warranty documents upon delivery of supplies.

2.1 INVENTORY REQUIREMENTS

2.1.1 The supplier must maintain a minimum inventory level of all specified plumbing supplies to ensure consistent availability and prevent a shortage in the case of emergency orders or expedited delivery. The inventory supply list for Atlanta Public Schools (APS) is provided in Exhibit A.

2.1.2 Inventory should include, but is not limited to, pipes, fi ngs, valves, fixtures, and other related items commonly used in plumbing projects.

2.1.3 The supplier should also have con ngency plans to handle shortages or supply chain issues.

2.2 CATALOG DISCOUNT AND PRODUCTS

2.2.1 Awarded vendor(s) must provide catalog discount pricing for all add‐related items not listed in Exhibit A.

2.2.2 APS reserves the right to add new products to the Plumbing Supplies during the term of this

Agreement. If a new item is added during the performance period, the contractor must submit their pricing in wri ng.

2.3 BID Table – (Bonfire) ‐ Price Form

2.3.1 All pricing must be submi ed on the Bid Table in Bonfire.

2.3.2 The contractor must include material unit costs and the delivery charges with the APS loca on on the purchase order.

2.3.3 The contractor must provide each item's brand/model number and unit cost on the bid form.

2.3.4 The quan es listed on the bid form are es mates only, and APS does not guarantee that any specific quan ty will be purchased.

2.3.5 The contractors are encouraged to complete the bid form using Excel rather than wri ng their responses.

2.3.6 The bid form is set up with a formula that calculates the extended cost

(es mated quan ty x unit cost).

2.4 SCHEDULE ‐ (Exhibit B)

2.4.1 All work must be scheduled with the Director of Maintenance and Opera ons or Execu ve

Director of Maintenance and Opera ons.

2.4.2 Normal opera ng hours are Monday through Friday from 7:30 a.m. ET to 4:00 p.m. ET.

2.4.3 Any work performed outside of regular business hours must have prior wri en authoriza on from the Regional Manager or the Director of Maintenance and Opera ons.

2.4.4 The district’s scheduled holidays are as follows:

1. New Year’s Day

2. Mar n 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)

2.4.5 APS shall provide an annual fiscal year FY calendar (Exhibit B) showing all teachers' planning days, student holidays, etc., that do not affect Facili es Services Opera ons.

2.5 PROJECT COMPLETION

2.5.1 Work must be completed within the nego ated timeline.

2.6 PRIMARY COMPANY CONTRACT

2.6.1 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 opera ons.

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

2.6.2 This individual will report to the APS Representa ve assigned by the Execu ve Director, Maintenance and Opera ons.

3.0 GENERAL INFORMATION

3.1 All ques ons or requests for clarifica on must be submi ed through Bonfire to the buyer of record.

3.2 All a achments related to this solicita on will be posted on the Bonfire website at h ps://aps.bonfirehub.com/opportuni es/169033. The bidder must check the Bonfire website for any addendums, responses to bidder ques ons, or other communica ons related to this solicita on.

3.3 The contractor shall provide evidence of all insurance with their response in the form of a sample Cer ficate of Insurance (Acord) iden fying all required coverage limits and specifying any applicable deduc ble or reten on.

3.4 The contractor must submit proof of insurance within five (5) business days a er receiving a le er of intent. The insurance requirements are included in sec on 5 of the General Terms and Condi ons.

3.5 The ACORD cer ficate of insurance must list Atlanta Public Schools as addi onal insured and include the vendor’s name and number.

3.6 The contractor agrees to and shall extend all the same pricing, terms, and condi ons bided to

Atlanta Public Schools (APS) to all APS‐authorized charter schools through a separate legal agreement with the charter school (with the expecta on that payment and coordina on of services will be worked out individually between the vendor and the respec ve charter school). While charter schools are separate legal en es from APS, they serve APS students and are a part of the APS school district.

4.0 CONTRACTOR REQUIREMENTS

4.1 APS policy requires that all vendors, consultants, or vendors providing services on APS premises be fingerprinted and submi ed to a criminal record check ini ated by APS before providing services to APS. There is a $45 fee (plus a service fee) for background checks. Our online Background Check Payment Online payment op on may 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, vendor, or the employing company. Any contract awarded according to this solicita on is con ngent upon compliance with this requirement and a sa sfactory background check determined by APS.

4.2 USE OF SUBCONTRACTORS

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

4.2.2 The contractor shall not assign du es to perform services or provide goods to APS under this contract to a subcontractor not listed in the contractor’s response to this solicita on.

4.2.3 If a subcontractor is removed from the contract during the term, the contractor must no fy

APS Procurement Services in wri ng with the subcontractor's name, reason for removal, and effec ve date.

4.2.4 If the contractor desires to add a subcontractor at any me during the contract's term, the contractor must submit to APS Procurement Services in wri ng the following informa on on the subcontractor: company name, address, telephone and fax number, service they will be providing, and proposed effec ve date. The subcontractor may not begin providing service un l approved by APS.

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

4.2.6 The contractor shall give APS immediate wri en no ce of any claim, ac on, or suit filed against the contractor by any subcontractor.

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

4.3 The contractor must complete and submit with their proposal the applicable documenta on related to

Georgia House Bill 87 (commonly known as the “Illegal Immigra on Reform and Enforcement Act of

2011”).

4.4 Informa on on Georgia House Bill 87 may be viewed on the APS website at:

h ps://www.atlantapublicschools.us/Page/22476

4.5 Failure to provide the required Georgia House Bill 87 documenta on may result in the offeror’s response to the solicita on being deemed non‐responsive and ineligible for evalua on.

4.6 The Atlanta Board of Educa on desires the Atlanta Public Schools to operate as ethically and conscien ously 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 rela onship with contractors is above reproach, contractors are prohibited from giving any APS employee any gi , favor, loan, reward, poli cal contribu on, gratuity, entertainment, transporta on, 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 Audi ng. Adver sing items and instruc onal products that are widely distributed may be accepted. (RefertoPolicyGAGandGAJB‐ h ps://www.atlantapublicschools.us/Domain/3944).

4.7 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 solicita ons shall provide persons with equal opportunity without regard to race, color, sex, religion, na onal origin, marital status, sexual orienta on, age, or disability.

4.8 CONTRACTOR CONDUCT:

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

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

4.8.3 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 contractor employee’s outer garment. Failure to do so cons tutes a viola on of the district’s security protocol, subjec ng the employee to immediate removal from the premises and the vendor to poten al fines for each viola on.

4.8.4 Also, radios or audible music are not allowed at worksites. Contractors shall assign the required staff to each loca on to be serviced to ensure the work can be conducted quickly and efficiently.

4.9 LOST/DAMAGED APS PROPERTY

4.9.1 The contractor shall be responsible for repairing or replacing, to the sa sfac on of APS, any damage caused by any willful or negligent act of its employees. The Contractor is also liable for any the proven to be commi ed by its employees or made possible by its employees' willful or negligent ac on.

4.9.2 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 inves ga ons of conduct that prove an employee’s inappropriate or illegal conduct.

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

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

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

4.10 WORKING ON AN APS SITE

4.10.1 All personnel shall be dressed in a manner authorized by the contractor unless otherwise indicated by APS in wri ng. A uniform that iden fies 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. A re not within the standards of APS will not be authorized.

4.10.2 The contractor’s employees are expected to exhibit professional, courteous conduct and an appropriate appearance. Any conduct or appearance deemed inappropriate by an APS representa ve will be grounds for removal from APS property. The contractor employees are to respect faculty, students, and visitors; these employees are prohibited from fraternizing with these groups. Flirta ous behavior, solici ng monies, names, addresses, and other such inquiries will cause the employee to be removed from the premises. The contractor shall assign the required staff to each loca on to be serviced.

4.10.3 The contractor shall be responsible for repairing or replacing, to the sa sfac on 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 the proven to have been commi ed by their employees or made possible by their employees' willful or negligent ac on. APS reserves the right to remove the contractor from the site based on the severity of the acts commi ed by the contractor’s staff.

4.11 ADDITIONAL APS REQUIREMENTS FOR WORKING ON APS PROPERTY

4.11.1 Additional APS Requirements for Working on APS Property. (Facilities/Operations) Standard Facilities and Operations department business hours are 7:00 a.m. EST to 8:30 p.m. EST unless otherwise indicated herein.

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

4.12.3 The contractor will not leave any materials, equipment, or tools una ended.

4.12.4 All work areas shall be left clean, and all debris shall be removed daily and upon completion of service.

4.12.5 APS is a tobacco‐free environment; tobacco use is prohibited on all APS properties.

4.12.6 The contractor shall observe all reasonable safety precau ons throughout this contract.

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

5.0 GENERAL TERMS AND CONDITIONS

By submi ng a response to this request, the offeror accepts the responsibility of reading, understanding, and abiding by the General Terms and Condi ons below:

5.1 OWNER

The Owner for whom the work will be executed is Atlanta Independent School System (from now on, “APS,” “District,” or the “Board”).

5.2 PURCHASING POLICY

5.2.1 The APS Purchasing Policy, Procedures, and Regula ons are incorporated in this solicita on

(and, therefore, any contract awarded as the result of this solicita on) by reference. By par cipa ng in this solicita on, the Offeror agrees to be bound by the APS Purchasing

Policy, Procedures, and Regula ons in any issue or ac on related to this solicita on or subsequent contract resul ng from this solicita on.

5.3 ADDENDUM

Addendum(s) issued in wri ng during the solicita on will be incorporated in the subsequent contract.

No oral interpreta ons will be made to the Offeror regarding the meaning of solicita on documents.

Requests for such arrangements shall be made in wri ng to the Execu ve Director of Procurement

Services not later than seven (7) days before the me for receiving bids. Failure on the part of the successful vendor to submit a wri en request for interpreta on shall not relieve them of the obliga on to execute such work in accordance with a later interpreta on by the APS. All interpreta ons made to the offerors shall be made as an addendum to the solicita on documents and sent to all who have obtained these solicita on documents from the APS Procurement Services Department. If solicita on documents were obtained via the APS website, review the website for any addendum(s) up un l the date and me the bid is due.

The offeror is responsible for checking Bonfire for any addendums, responses to vendor ques ons, or other communica ons regarding the solicita on.

5.4 CONTRACTOR ELIGIBILITY AND FORMAL SOLICITATION INFORMATION

5.4.1 Contractor Registra on

If the contractor is awarded a contract under this solicita on to do business with APS, a bidder/contractor must first register with the district. The bidder/contractor must complete and submit an electronic applica on to Procurement Services. The applica on is available at h ps://b2gnow.gob2g.com/?TN=APS. The applica on process can take 5‐7 business days to complete. Once the applica on has been processed, the bidder/contractor will be assigned a bidder/contractor number. Bidders/contractors are responsible for no fying Procurement Services of any company or company contact informa on changes.

5.4.2 Eligibility

Because APS is commi ed to awarding contracts to responsible par es, en es listed on the United States Government’s System for Award Management (sam.gov) with an ac ve exclusion will not be eligible for a contract award.

APS policy requires that all contractors, consultants, or contractors providing services on

APS premises be fingerprinted and submit to a criminal record check ini ated 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 op on. 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 solicita on is con ngent upon compliance with this requirement and APS's determina on of a sa sfactory background check.

5.4.3 Formal Solicita ons

Under board policy DJEA, a formal solicita on is required for all purchases and contracts exceeding $50,000. The Procurement Service Department must conduct all formal solicita ons. All contracts with a total value over $100,000 require board approval.

All formal solicita ons are adver sed on:

(1) Bonfire website at h ps://aps.bonfirehub.com/portal/?tab=openOpportuni es

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

Contractors are encouraged to visit the APS website periodically to view outstanding solicita ons 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 a orney fees), and causes of ac on 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 a orney fees), and or cause of ac on 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 asserted against it by any natural person or en es created by law.

5.6 INSURANCE

Upon receipt of the Award, the contractor shall provide a current cer ficate of insurance as required within five (5) days a er no fica on 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 er:

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

(5) days a er the APS Procurement Services Department issues no fica on.

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

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

5.6.4 The retroac ve date must be shown on the cer ficate of insurance.

5.6.5 Insurance must be maintained for at least two (2) years a er comple ng the work and/or Agreement.

5.6.6 Coverage is canceled or non‐renewed a er the work has been completed and/or the

Agreement has ended. The Contractor must purchase the extended repor ng period for at least two (2) years.

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

Agreement un l all insurance requirements have been complied with and un l evidence of all insurance requirements in each contract with each subcontractor of any er 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 obliga on 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 Addi onal Insured, where applicable, under all insurance required by this Agreement. Confirma on of this shall appear on all cer ficates of insurance and all applicable policies. The tle of the awarded Agreement shall also appear on all applicable policies.

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

5.6.11 Each and every insurance agent shall warrant when signing the cer ficate of insurance that she/he is ac ng as an authorized representa ve 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 companies affording insurance coverage are currently licensed by the State of Georgia and are currently in good standing with the Commissioner of

Insurance for the State of Georgia.

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

a) Best’s Ra ng 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 therea er 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 Subroga on in favor of APS.

5.6.15 Worker’s Compensa on and Employer’s Liability Insurance

The contractor shall procure and maintain Worker’s Compensa on 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 Compensa on:

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 Opera ons Aggregate

$1,000,000 Each Occurrence

$1,000,000 Personal & Adver sing 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 cer ficate 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 and 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 Molesta on Liability (if applicable).

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

The Cer ficate 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 comple on.

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, securi es, and/or wire transfers.

5.6.22 $1,000,000 Employee Dishonesty

$1,000,000 Funds Transfer Fraud

$100,000 Money & Securi es

$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 at least two (2) years a er the comple on 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 so ware, computer hardware installa on, data access, data integra ons, data usage, cloud storage, SaaS, and/or technology‐related contracts. Insurance shall be maintained at least two (2) years a er the comple on of the work and/or Agreement.

$1,000,000 Each Claim/Wrongful Act

$2,000,000 Annual Aggregate

$1,000,000 Business Interrup on

$1,000,000 Data Recovery

$500,000 Cyber Extor on Expenses

$50,000 Cyber Extor on/Ransom Payments

Coverage shall include, at a minimum:

• Informa on Security and Privacy Liability

• Regulatory Fines and Penal es

6.0 CONTRACT AWARD

Typically, a contract is awarded to the responsible Bidder whose submi al APS determines 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 to not discriminate against any person or persons in employment or refuse to con nue the employment of any person or persons because of such person’s or persons’ race, color, religion, gender, na onal origin, age, veteran status, disability, familial status, or sexual orienta on.

6.2 PROTESTS

Wri en protests rela ve to the specifica ons or the solicita on document shall be filed not later than five (5) working days before the requested due date. Other wri en protests shall be filed not later than five (5) working days a er the requested due date, or if the wri en protest is based on subsequent ac on of the APS, not later than five (5) working days a er the aggrieved person knows or should have knowledge, of the facts giving rise to the protest. Wri en protests are filed when received by the Execu ve Director of Procurement Services. Protests that are not filed in a mely manner, as set forth above, will not be considered.

6.3 TAXES

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

6.4 COMPLIANCE WITH APPLICABLE STATE, FEDERAL, AND LOCAL LAW

At its own expense, the contractor shall obtain all necessary permits, give all no ces, pay all license fees and taxes, and comply with all applicable State, Federal, and local laws, ordinances, rules, and regula ons. The contractor shall agree that in the performance of the contract, the contractor will comply with all local agreements that the contractor has made with any associa on, union, or other en ty with respect to wages, salaries, and working condi ons so as not to cause inconvenience, picke ng or work stoppage.

6.5 COMMENCEMENT, EXECUTION, AND COMPLETION

The contractor shall commence work under a contract at the me specified in the purchase order or wri en no ce 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, tle, or interest therein, or its power to execute such contract to another person, company, or corpora on, without the prior wri en consent of the Atlanta Public Schools.

6.7 MODIFICATIONS TO CONTRACT ONCE EXECUTED

Terms and condi ons may be added, modified, and deleted upon mutual agreement between APS and the contractor, provided such terms and condi ons remain within the scope and original intent of the solicita on. Any and all modifica ons shall be expressed in wri ng and approved by the

Execu ve Director of Procurement Services before the enactment of such modifica ons.

6.8 DELIVERY

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

6.9 FISCAL FUNDING

Notwithstanding any other provision of this agreement, the par es hereto agree that the charges hereunder payable to the contractor by the APS are funded solely from appropria ons received by

APS. In the event such appropria ons are determined by the Chief Financial Officer/Comptroller of

APS to no longer exist or to be insufficient concerning the charges payable hereunder, this agreement shall terminate without further obliga on of APS at the end of any fiscal period (from now on referred to as “Event”). In such event, the Execu ve Director of Procurement Services shall cer fy the occurrence thereof to the contractor.

6.10 PAYMENT

Payment for a single line item or par al service when the item or service has been sa sfactorily delivered may be made within thirty (30) days from either the date of delivery or the receipt of a sa sfactory 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 discre on, 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 solicita on. In that case, APS may reject the property or service and terminate the contract for default. With specific instruc ons by the Execu ve

Director of Procurement Services, the contractor shall immediately remove the rejected property and replace it with such property or services conforming to the requirements of this solicita on without 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 a er 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 subs tuted. If monies due to the contractor are insufficient to sa sfy the debt, the contractor shall pay any monies due to APS within thirty (30) days of wri en no ce. The price paid by APS in such an event shall be the prevailing market price when the subs tute 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 obliga ons under the Contract, the determina on of which is at the District’s sole discre on and shall be conclusive. Further, the District may terminate the Contract for any one or more of the following reasons effec ve immediately without advance no ce:

6.12.1.1 In the event the bidder/contractor is required to be cer fied or licensed as a condi on precedent to providing goods and services, the revoca on or loss of such license or cer fica on may result in immediate termina on of the

Contract effec ve as of the date on which the license or cer fica on is no longer in effect;

6.12.1.2 The District determines that the ac ons, 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 confiden ality laws or provisions and

6.12.1.4 The bidder/contractor furnished any statement, representa on, or cer fica on concerning the Contract or the bidder/contractors’ process that is materially false, decep ve, incorrect, or incomplete.

6.13.1 Termina on for Cause.

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

District to declare the bidder/contractor in default of its obliga ons 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 sa sfac on, any material requirement of the Contract or violates a material provision of the Contract, including, but without limita on, the express warran es made by the bidder/contractor;

ii. The district determines that sa sfactory performance of the Contract is substan ally endangered or that a default is likely to occur;

iii. The bidder/contractor fails to make substan al and mely progress toward the performance of the Contract;

iv. The bidder/contractor becomes subject to any bankruptcy or insolvency proceeding under federal law or APS’s Board of Educa on 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 obliga ons 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

Educa on policy, and State laws, rules, ordinances, regula ons, 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 discre on, 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 there is a default event caused by the bidder/contractor. In that case, the District shall provide wri en no ce to the bidder/contractor reques ng that the breach or noncompliance be remedied within the period specified in the District’s wri en no ce to the bidder/contractor. If the breach or noncompliance is not remedied within the period specified in the wri en no ce, the District may:

i. Immediately terminate the Contract without addi onal wri en no ce;

And

ii. Procure subs tute goods or services from another source and charge the difference between the Contract and the subs tute contract to the defaul ng bidder/contractor; and,

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

6.15.1 Termina on for Convenience. Following thirty (30) days’ wri en no ce, the District may terminate the Contract in whole or in part without paying any penalty or further obliga on to the bidder/contractor.

Following termina on upon no ce, the bidder/contractor shall be en tled to compensa on, 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 termina on.

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 wri en no ce to the bidder/contractor as a result of any of the following:

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

ii. The District’s du es are substan ally modified.

6.17.1 Payment Limita on in the Event of Termina on. In the event of termina on 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 termina on 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 termina on.

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 no ce of termina on 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 no ce of termina on, describing the status of all work under the

Contract, including, without limita on, results accomplished, conclusions resul ng from that place, and any other ma ers 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 instruc ons for the mely transfer of any ac ve files and work product produced by the bidder/contractor under the Contract;

iv. Cooperate in good faith with the District, its employees, agents, and bidder/contractors during the transi on period between the no fica on of termina on and the subs tu on of any replacement bidder/contractor; and

v. Immediately return to the District any payments made by the District for goods and services that were not delivered or rendered by the bidder/contractor.

6.19 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE REQUIREMENTS

6.19.1 EEO CLAUSE REQUIREMENT

6.19.2 Unless otherwise authorized by law, all contracts and purchase orders entered in APS shall incorporate an equal employment opportunity (“EEO”) clause. Compliance with this sec on shall be considered met when the EEO clause is outlined in an exhibit a ached to the contract and appropriate language incorpora ng the exhibit into the contract is set forth therein.

6.20 NOTICE

The EEO clause shall be included as a specifica on. It shall appear on all invita ons for bids, requests for proposals, and all other solicita ons, contracts, and purchase orders prepared and issued by the

Department of Purchasing.

6.21 FEDERAL GUIDELINES ADOPTED

The federal guidelines rela ng to nondiscrimina on in employment by government contractors and subcontractors promulgated by Execu ve Order No. 11246 of September 29, 1965, as amended by

Execu ve Order No. 11375 of October 13, 1967, sec ons 202, 203, and 204 of part II of such orders, are at this moment entering into contracts with the APS, unless otherwise authorized by law, shall comply with the same.

6.22 FAILURE TO INCORPORATE EEO CLAUSE

APS shall have the right to reject any or all bids or proposals and shall not enter into a contract or purchase order with any person who fails to comply with the Equal Employment Opportunity

Requirements of this sec on and with the requirements of the sec on tled Equal Employment

Opportunity.

6.23 DURING THE PERFORMANCE OF THIS AGREEMENT, SAID VENDOR AGREES AS FOLLOWS:

6.23.5 The vendor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, na onal origin, marital status, age, or disability. As used here, the words ‘shall not discriminate’ shall mean and include without limita on the following: “Recruited, whether by adver sing or other means; compensated, whether in the form of rates of pay, or other forms of compensa on; selected for training, including appren ceship; promoted; upgraded; demoted; downgraded; transferred; laid off and terminated. The vendor agrees to and shall post in conspicuous places, available to employees and applicants for employment, no ces to be provided by the contrac ng officers se ng forth the provisions of the EEO clause.

6.23.6 The vendor shall, in all solicita ons or adver sements for employees placed by or on behalf of the vendor, state that all qualified applicants will receive considera on for employment without regard to race, religion, color, sex, or na onal origin.

6.23.7 The vendor shall send to each labor union or representa ve of workers with which the vendor may have a collec ve bargaining agreement or other contract or understanding a no ce advising the labor union or worker’s representa ve of the vendor’s commitments under the Equal Employment Opportunity Program of APS and the policy of its Board of

Educa on shall post copies of the no ce in conspicuous places available to employees and applicants for employment. The vendor shall register all workers in the skilled trades who are below the journeyman level with the U.S. Bureau of Appren ceship and Training.

6.23.8 The vendor shall furnish all informa on and reports required by the Procurement

Department and shall permit the Procurement Department to access the vendor's books, records, and accounts during regular business hours to inves gate and ascertain compliance with the vendor’s duty of non‐discrimina on.

6.23.9 The vendor shall take such ac on concerning any subcontractor as APS may directly enforce the provisions of paragraphs (a) through (h) herein, including penal es and sanc ons for noncompliance.

6.23.10 The vendor and its subcontractors, if any, shall file compliance reports with APS at reasonable mes and intervals in the form and to the extent prescribed by the Procurement Department.

Compliance reports filed at such mes shall contain informa on about the vendor's and its subcontractors' employment prac ces, policies, programs, and sta s cs.

6.23.11 The vendor shall include the provisions of paragraphs (a) through (h) of this equal employment opportunity clause in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor.

6.23.12 A finding, as from now on provided, that a refusal by the vendor or subcontractor to comply with any por on of this program as herein provided and described may subject the offending party to any or all of the following penal es:

i. Withholding from the vendor in viola on of all future payments under the contract un l it is determined that the vendor or subcontractor complies with the contract's provisions.

ii. Refusal of all future bids for any contract with the APS or any of its departments or divisions un l the vendor or subcontractor demonstrates that there have been established and shall carry out all of the applicable provisions of the relevant Federal execu ve orders and equal employment requirements incorporated herein.

6.24 Cancellation of the public contract.

In a case in which there is a substan al or material viola on of the compliance procedure set forth, or as may be provided by the contract, appropriate proceedings may be brought to enforce those provisions, including the enjoining, within applicable law, of contractors.

6.25 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT

In accordance with Federal Law and U.S. Department of Agriculture policy, this ins tu on is prohibited from discrimina ng based on race, color, na onal origin, sex, age, or disability. To file a complaint of discrimina on, write USDA, Director, Office of Adjudica on, 1400 Independence Avenue, SW, Washington, D.C. 20250‐9410, or call toll‐free (866) 632‐9992. (Voice) Individuals who are hearing impaired or have speech disabili es may contact USDA through the Federal Relay Service at (800) 877‐8339 or (800) 845‐6136 (Spanish). USDA is an equal opportunity provider and employer.

6.26 EQUAL OPPORTUNITY

No person or firm shall be discriminated against because of age, race, color, religion, na onal origin, veteran status, gender, disability, familial status, or sexual orienta on in…