ATLANTA PUBLIC SCHOOLS

IFB 26—102925-40-B-CP

Tree Pruning, Removal and Related Services

Procurement Services

130 Trinity Avenue, S.W.

4th Floor

Atlanta, Georgia 30303

Invitation for Bid

For

Tree Pruning, Removal, and Related Service

February 25, 2025

RFP Number: 26-102925-40-B-CP Tree Pruning, Removal, and Related Services

Due Date: March 18, 2025

Time Due: 11:00 a.m. ET

NIGP Commodity Code(s): 988-88

ADVERTISEMENT FOR INVITATION TO BID

NOTICE TO BIDDERS

Atlanta Public Schools invites bids for Tree Pruning, Removal, and Related 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/221439. All questions or requests for clarification must be sent via Bonfire under Message – Opportunity Q&A: The Office of Procurement Services will only accept bids submitted online. Bid submissions are due by 11:00 a.m. ET on March 25, 2026 (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/221439. 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

02/25/2026 Release IFB to the marketplace

03/04/2026 Pre-Bid Conference

03/11/2026 Deadline for written questions, 12 p.m., ET

03/18/2026 Response to questions to be posted to Bonfire.

03/25/2026 IFB due online Bonfire by 11:00 a.m., ET

04/01/2026 AdministraƟve Review

05/04/2026 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 – Tree Pruning, Removal, and Related Services

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/221439. 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/221439.

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 (hereinaŌer, “Atlanta Public Schools” or “APS”) invites qualified contractors to submit proposals to provide tree pruning, removal, and related services.

1.1.2 In using this method, Atlanta Public Schools requests 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 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 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:

Tree Pruning, Removal, and Related Services (District-Wide)

Exhibit A Pricing Sheet – Tree Pruning, Removal, and Related Services

Exhibit B School Calendar

2.0 SCOPE OF WORK

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

2.02 All services shall be performed in strict compliance with all applicable Federal, State and local laws and OSHA regulaƟons.

2.03 All work must be performed by qualified and trained personnel under direct supervision of the vendor.

2.04 Services will be performed on an as-needed basis.

2.05 Vendor costs must include all personnel, supplies, equipment, and rental equipment necessary to perform the services outlined in this InvitaƟon to Bid.

2.06 The selected contractors must be able to provide tree pruning, tree removal, chipping, and stump grinding in accordance with the guidelines of the City of Atlanta Parks and RecreaƟon

Arborist Division. The requirements may be found at the following link:

hƩp://www.atlantaga.gov/index.aspx?page=339

2.07 The contractor must have the equipment for the removal and hauling of trees and limbs.

2.08 The contractor must provide all equipment and tools necessary to perform the work, including but not limited to a loader to pick up and remove tree trunks and limbs, bucket truck, chipper, chain saws, trucks large enough to haul loads created by the debris, shredders, ladders, stump grinder, and tree climbing equipment.

2.09 The contractor shall provide a schedule of work to the APS representaƟve prior to the beginning of an assignment.

2.10 The contractor shall advise the APS representaƟve of any unusual hazardous condiƟons and other perƟnent informaƟon.

2.1 Pruning

2.1.1 All trees must receive a minimum of class two pruning and ball moss removal according to the NaƟonal Arborist AssociaƟon (NAA) Pruning Standard, the latest ediƟon.

2.1.2 All dead and broken limbs shall be removed.

2.1.3 No flush cuts shall be allowed.

2.1.4 All cuts shall be made in such a way as to preserve the branch collar.

2.1.5 No stub cuts shall be leŌ as the final cut.

2.1.6 Any branch larger than two inches in diameter shall be first cut to prevent the tearing of the bark, then the stub shall be removed back to the branch collar.

2.1.7 All cuts shall be made sufficiently close to the trunk or parent limb without cuƫng into the branch collar or leaving a protruding stub so that closure can readily start under normal condiƟons.

2.1.8 Clean cuts shall always be the goal.

2.1.9 Where it is necessary to prevent tree or property damage, branches shall be lowered to the ground by proper ropes or equipment.

2.1.10 Firm shall precut branches that are too heavy to handle to prevent spliƫng or peeling the bark.

2.2 Stump Grinding

2.2.1 The vendor shall cut or grind the stump four to six inches below the grade.

2.2.2 Mulch from the grindings shall remain in the hole.

2.3 Removal and Disposal

2.3.1 It shall be the vendor's responsibility to remove and dispose of at the end of a project all cut limbs and other debris prior to leaving the work site.

2.3.2 Cost for Ɵme spent hauling shall be incorporated into the hourly rate or lump-sum bid and shall not be paid separately from Ɵme worked at the site.

2.4 Labor, Materials, and Equipment to be Supplied by the Vendor

2.4.1 The vendor shall supply all labor, materials, and equipment necessary to complete the work.

This includes, but is not limited to, the following: a loader for picking up, removing, and hauling tree trunks and limbs; a bucket truck; a chipper; chainsaws; trucks of sufficient size to transport debris; shredders; ladders; a stump grinder; and tree-climbing gear.

2.4.2 All materials, workmanship, and equipment will be subject to the inspecƟon and approval of an authorized APS representaƟve.

2.5 Deficiencies in Work to be Corrected by the Firm

2.5.1 The contractor shall promptly correct all apparent and latent deficiencies and/or defects in the work, and any work that fails to conform to the contract, regardless of the project’s compleƟon status.

2.5.2 All correcƟons shall be made within two (2) calendar days aŌer such deficiencies are verbally reported to the firm by an authorized APS representaƟve.

2.5.3 The contractor shall bear all costs associated with correcƟng such rejected work.

2.5.4 If the contractor fails to correct the work within the specified period, APS may, at its discreƟon, provide wriƩen noƟce that the contractor will be subject to the contract’s default provisions if the required modificaƟons are not completed to APS’s saƟsfacƟon within three (3) calendar days of receipt of such noƟce.

2.6 Safety

2.6.1 ProtecƟve gear, such as a hard hat, gloves, and safety shoes, must be always worn.

2.6.2 Front-end loaders must be equipped with Roll-over ProtecƟon System (ROPS) cabs. Safety pracƟces must comply with applicable local, state, and federal regulaƟons.

2.6.3 Before any authorized assignment is started, the contractor will block off or prepare the work area to prevent damage to property.

2.6.4 All vehicles shall be removed from the area to prevent damage. CauƟon will be exercised at the work site at all Ɵmes for the protecƟon of people and property.

2.7 U li es

2.7.1 The contractor shall exercise due care when working in the vicinity of any uƟliƟes. APS assumes no responsibility for damage to uƟliƟes.

2.8 Inspec on

2.8.1 Prior to the issuance of payment, the project area shall be performed by an APS representaƟve.

2.9 Deficiencies in Work to be Corrected by Firm

2.9.1 The contractor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any work that fails to conform to the contract documents, regardless of the project compleƟon status.

2.9.2 All correcƟons shall be made within two (2) calendar days aŌer such deficiencies have been verbally reported to the contractor by an authorized APS representaƟve.

2.9.3 The contractor shall bear all costs of correcƟng such rejected work.

2.9.4 If the contractor fails to correct the work within the period specified. APS may, at its discreƟon, noƟfy the firm in wriƟng that the firm is subject to contractual default provisions if the modificaƟons are not completed to the saƟsfacƟon of APS within three (3) calendar days of receipt of the noƟce.

2.10 Addi onal Requirements:

2.10.1 The contractor must coordinate with the APS representaƟve regarding the amount of Ɵme required to complete an assigned project.

2.10.2 Any fines by the above-menƟoned authoriƟes for failure to comply with these requirements shall be the sole responsibility of the contractor.

2.10.3 Barricades shall be provided by the contractor when work is performed around staff and visitors or when deemed necessary by an APS representaƟve.

2.10.4 The contractor shall promptly repair any damages caused by the operaƟons to any improvements on site or adjacent to the property.

2.10.5 The contractor shall be responsible for repairing, to the saƟsfacƟon of APS, any damage to grounds or property owned by APS caused by any willful or negligent act of its employees.

2.10.6 Such repair or restoraƟon shall be performed at the contractor's expense and to the saƟsfacƟon of the APS inspector prior to final acceptance.

2.11 BID Table – (Bonfire) - Price Form

2.11.1 All pricing must be submiƩed on the Bid Table in Bonfire.

2.11.2 The contractor must include all labor, equipment, material, and supervision required to complete the project.

2.11.3 The quanƟƟes listed on the bid form are esƟmates only, and APS does not guarantee that any specific quanƟty will be purchased.

2.11.4 The contractors are encouraged to complete the bid form using Excel rather than wriƟng their responses.

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

(esƟmated quanƟty x unit cost).

2.12 SCHEDULE - (Exhibit B)

2.12.1 All work must be scheduled with APS Director of Maintenance and OperaƟons or ExecuƟve

Director of Maintenance and OperaƟons.

2.12.2 Normal operaƟng hours are Monday through Friday from 8:00 a.m. ET to 5:00 p.m. ET. with the excepƟon of those dates recognized by APS as holidays.

2.12.3 Service performed on the weekends (Saturday and Sunday) shall be accomplished on an as-needed basis.

2.12.4 Any work performed outside of regular business hours must have prior wriƩen authorizaƟon from the Regional Manager or the Director of Maintenance and OperaƟons.

2.12.5 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)

2.12.6 APS will provide a calendar for FY25 (Exhibit B) that includes the teachers' planning days, student holidays, and other dates that do not affect FaciliƟes Services OperaƟons.

2.13 Rou ne Response Time

2.13.1 The contractor shall respond to rouƟne work requests within 24 hours and shall noƟfy the APS representaƟve prior to beginning work, and an APS representaƟve must be at all work sites.

2.13.2 The work shall commence within five (5) days of noƟficaƟon. All work must be completed within twenty (20) calendar days.

2.14 Emergency Response Time

2.14.1 The contractor shall respond to emergency work requests within four (4) hours.

2.14.2 An APS RepresentaƟve will be available to oversee every project.

2.14.3 The contractor shall conƟnue unƟl the project is fully completed.

2.15 PROJECT COMPLETION

2.15.1 Work must be completed within the negoƟated timeline.

2.16 PRIMARY COMPANY CONTRACT

2.16.1 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: ______________________________

2.16.2 This individual will report to the APS RepresentaƟve assigned by the ExecuƟve Director, Maintenance and OperaƟons.

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/221439. 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.

4.0 CONTRACTOR REQUIREMENTS

4.1 APS policy requires that all vendors, consultants, or service providers providing services on

APS premises be fingerprinted and submit 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 Online payment opƟon 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 solicitaƟon is conƟngent upon compliance with this requirement and a saƟsfactory 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 UƟlizaƟon form with its response.

4.2.2 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.

4.2.3 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.

4.2.4 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.

4.2.5 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.

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

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

4.3 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”).

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

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

4.5 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.

4.6 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).

4.7 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 solicitaƟons shall provide persons with equal opportunity without regard to race, color, sex, religion, naƟonal origin, marital status, sexual orientaƟon, 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 representaƟve 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. FlirtaƟous behavior, soliciƟng 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 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.

4.8.4 Radio and audible music are prohibited at worksites. Contractors must assign the necessary staff to each serviced locaƟon to ensure that work is conducted efficiently and swiŌly.

4.9 LOST/DAMAGED APS PROPERTY

4.9.1 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 be commiƩed by its employees or made possible by its employees' willful or negligent acƟon.

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 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 prove an employee’s inappropriate or illegal conduct.

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

4.9.3 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.

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

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 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 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 representaƟve 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. FlirtaƟous behavior, soliciƟng 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 locaƟon to be serviced.

4.10.3 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.

4.11 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.

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

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

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

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

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

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

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 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 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, 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 shall be made in wriƟng to the ExecuƟve Director of Procurement

Services not later than seven (7) days before the Ɵme for receiving bids. 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 company or company contact informaƟon changes.

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 contractors providing services on

APS premises be fingerprinted and submit 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. 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 must conduct 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 official immunity from any liability or damages asserted 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 at least 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 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 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 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 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 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, computer hardware installaƟon, data access, data integraƟons, data usage, cloud storage, SaaS, and/or technology-related contracts. Insurance shall be maintained 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 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 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 relaƟve to the specificaƟons or the solicitaƟon document shall be filed not 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 when received by the ExecuƟve Director of Procurement Services. Protests that are not filed in a Ɵmely 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 noƟces, pay all license fees and taxes, and comply with all applicable 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 made with any associaƟon, union, or other 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 and all 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 hereunder payable to the contractor by the APS are funded solely from appropriaƟons received by

APS. In the event such appropriaƟons 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 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 default. With specific instrucƟons by the ExecuƟve

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 solicitaƟon 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 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 when 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 or 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 there is a default event caused by 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 breach 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.

6.17.1 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 District, its employees, agents, and bidder/contractors during the transiƟon period between the noƟficaƟon of terminaƟon and the subsƟtuƟon 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…