DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 1 of 34
DeKalb County Board of Education
Operations Division
Sam A. Moss Service Center
1780 Montreal Road
Tucker, GA 30084-6705
INVITATION TO BID (ITB) No. 20-752-036
For
ELECTRICAL CONTRACTOR SERVICES
Owner: DeKalb County Board of Education (the “Board”)
Design and Construction Department
Sam A. Moss Service Center
1780 Montreal Road
Tucker, GA 30084-6705
Solicitation Timeline Summary (Dates are subject to change)
EVENT DATE(S) TIME LOCATION
https://www.dekalbschoolsga.Ionwave.net and
Solicitation Opens October 1, 2020
www.demandstar.com
Mandatory Pre-Bid Sam A. Moss Center, 1780 Montreal Rd.
October 8, 2020 9:00 AM
Conference Tucker, GA 30084
Final Questions Due October 14, 2020 2:00 PM dcsd-op-bidquestion@dekalbschoolsga.org
https://www.dekalbschoolsga.Ionwave.net and
Final Addendum October 19, 2020 2:00 PM
www.demandstar.com
Sam A. Moss Center, 1780 Montreal Rd.
Bid Due Date & Time October 22, 2020 2:00 PM
Tucker, GA 30084
Public Bid Opening October 22, 2020 2:30 PM TBD
Anticipated Board Review
December 7, 2020
and Approval
Anticipated Notice of
December 2020
Award
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 2 of 34
Table of Contents
I. INSTRUCTIONS TO BIDDERS
II. DEFINITIONS
III. GENERAL TERMS AND CONDITIONS
IV. PROTEST PROCEDURES FOR OPERATIONS DIVISION CONTRACT AWARDS
Owner’s Standard Forms (included with ITB):
Attachment A Contractor’s ITB Checklist (2 pages)
Attachment B1 Corporate Certificate (1 page)
Attachment B2 Partnership Certificate (1 page)
Attachment B3 Entity Certificate (1 page)
Attachment C Subcontractor Listing (1 page)
Attachment D Offeror’s and Individuals’ Affidavit of Noncollusion (2 pages)
Attachment E Conflict of Interest Disclosure Form (2 pages)
Attachment F Form of Consent to Release Information (1 page)
Attachment G Vendor Reference Form (1 page)
Attachment H Vendor Questionnaire (1 page)
Attachment I Bid Form (3 pages)
Attachment J Immigration and Security Certification (2 pages)
Attachment K Suspension and Debarment Certification (1 page
Attachment L Bid Delivery Label (1 page)
Attachment M No Submittal Response Form (1 page)
Owner’s Project Specific Information (separate file from ITB)
Appendix A Owner’s Preliminary Program Narrative (4 pages)
Appendix B Standard Form of Contract for Services (Non-Capital Outlay Services)(20 pages)
Appendix C Subcontractor Affidavit of Noncollusion (1 page)
Appendix D DCSD 2020 Vision – Educational Specifications and Design Guidelines-Division 9-Finishes
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 3 of 34
I.
INSTRUCTIONS TO BIDDER
A. EXAMINATION AND ACQUISITION BID DOCUMENTS
Invitation to Bid (“ITB”) documents will be available October 1, 2020, and may be obtained from the DeKalb County
School District website at http://www.dekalbschoolsga.Ionwave.net. This Invitation to Bid is based upon the
attached Owner’s Criteria and Narrative Scope of Work, which is incorporated herein by reference.
B. MANDATORY PRE-BID CONFERENCE
A mandatory pre-bid conference to be held in the Stokes Conference Room at the Sam A. Moss Service Center,
1780 Montreal Road, Tucker, Georgia 30084 at 9:00 a.m. local time on Thursday, October 8, 2020. Attendance
is mandatory.
C. RECEIPT OF BID PACKAGE PUBLIC OPENING
1. The original and two (2) copies of the Bid along with and one (1) electronic copy on a flash drive or CD,
must be received at the DeKalb County School District, Operations Division, Sam A. Moss Service Center,
1780 Montreal Road, Tucker, Georgia 30084 no later than the date and time (determined by the date/time
card stamp of the DCSD Facilities Procurement Services Department) set forth in the “Invitation to Bid.”
The bids will be publicly opened and read at the time and place set forth in the Invitation to Bid.
It is the sole responsibility of the bidder to ensure timely delivery of the bid submittal. The respondent is
responsible for allowing adequate mailing or delivery time in order for their proposal to be delivered by the
specified due date and time. Offers by telegram, facsimile machine, or telephone will not be accepted. Bids
will be time and date stamped upon receipt at the address listed above. The exact time of receipt is
determined by the date/time stamp. Any Bids received after the designated time and date will be deemed late
and will not be accepted by DCSD.
2. Responses must be on the forms furnished within this Invitation to Bid and completed in their entirety. All
bids must be submitted on the attached bid form. The bid form is Attachment I of this ITB.
3. Bids must be submitted in a sealed envelope with Attachment L Bid Delivery Label completed and affixed to
the exterior of the package.
D. BID SUBMISSION
1. Bidders are instructed to carefully read all terms, conditions and specifications as set forth in the Invitation to
Bid. Responses must be either typed or written in ink. Any correction made on the bid form (white out or
strike through) must be initialed by an authorized representative of the company submitting the bid or the bid
may be rejected by DCSD. Each bidder is required to furnish all information requested in the ITB.
2. Each bidder is responsible for having knowledge and understanding of any Federal laws, Georgia laws,
Department of Education regulations or policies, and DCSD policies and/or regulations pertaining to DCSD
procurement.
3. DCSD assumes no responsibility or obligation to the bidders and will make no payment for any costs
associated with the preparation or submission of a bid response. This provision applies whether or not a
dispute arises.
4. All bids submitted become the property of the DCSD and are subject to applicable open records policies and
laws.
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Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 4 of 34
E. FINANCIAL INFORMATION
The vendor’s financial capability is to be expressed in the financial statement (audited financial information current
within the past twelve months, such as a balance sheet and statement of operations) and should indicate the
resources and the necessary working capital to assure financial stability through the completion of the projects. A
certified audit is preferred; however, the vendor’s most recent tax return and balance sheet will be accepted.
F. REFERENCES
Bidder shall provide a minimum of three (3) client references for which the bidder has fulfilled a project of similar
scope and complexity as this Invitation to Bid. Bidder shall include the following information with the client
references: company name, contact person, company address, telephone number, and email address. Submit
references using the form provided as Attachment G. FAILURE TO PROVIDE THIS INFORMATION WITH THE
BID RESPONSE WILL CAUSE THIS BID TO BE NON-RESPONSIVE AND REJECTED.
G. BUSINESS LICENSE
Bidders shall submit with their Bid, a copy of their valid company business license. If the Bidder is a
Georgia corporation, Bidder shall submit a valid county or city business license. If the Bidder is not a Georgia
corporation, Bidder shall submit a certificate of authority to transact business in the state of Georgia and a copy of
their valid business license issued by their home jurisdiction. If Bidder holds a professional certification which is
licensed by the state of Georgia, Bidder shall submit a copy of their valid professional license. Any license
submitted in response to this requirement shall be maintained by the Bidder for the duration of the contract.
Provision of copy of business license is a mandatory requirement (include with Required Forms).
H. INSURANCE REQUIREMENTS
A Certificate of Insurance and/or ACORD form is required with solicitation submittal. Provision of
Certificate of Insurance is a mandatory requirement (include with Required Forms). Bids submitted with certificates
of insurance will be considered conditionally responsive to the insurance and indemnification requirement. Final
award of this ITB will be contingent upon receipt within five (5) business days of request for insurance
documentation complete with the following requirements. In the event the awarded Respondent cannot produce
insurance coverage acceptable to the DCSD within the time provided, DCSD reserves the right to award this
solicitation to the next highest ranked firm. Please refer to Article 19 and Exhibit “A” of the Contract for required
Insurance.
I. NON-COLLUSION
Bidders shall fully certify that they, as an individual or as engaging official of a formal business entity have not
entered into any agreement, participated in collusion or otherwise taken any action in restraint of free and
competitive responses to this bid. Further, bidders guarantee that their bid response is not made in conjunction
with or on behalf of another party and that they have not been directly or indirectly induced in any manner or taken
any action to result in a restriction of trade or in an unfair advantage.
As a part of the response to this ITB, the contractor shall submit with its proposal an affidavit in the form of the
Offeror’s and Individuals’ Affidavit of Noncollusion included in the Bid Documents as Attachment D. If the bidding
contractor is a partnership, all of the partners and any officer, agent, or other person who intend to represent or
act for them in bidding for or procuring the Contract for the Project shall also sign the affidavit. If the bidding
contractor is a corporation or other entity, all officers, agents, or other persons who intend to act for or represent
the corporation or other entity in proposing for or procuring the Contract for the Project shall also sign the affidavit.
The Subcontractor’s Affidavit of Noncollusion is included with the Bidding Documents as Appendix C. Not later
than simultaneously with the execution of the Contract, the successful contractor shall deliver to the Owner the
completed and executed Subcontractor’s Affidavit of Noncollusion in accordance with O.C.G.A. § 36-91-21(e).
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 5 of 34
The contractor awarded the contract shall require every Subcontractor from whom the contractor received a bid
or proposal to complete and sign the Subcontractor’s Affidavit of Noncollusion.
J. CONFLICT OF INTEREST
Bidders must disclose with their bids the name of any officer, director or agent who also is a DeKalb County School
District employee or Board Member. Bidders must disclose the name of any DeKalb County School District
employee or Board Member who owns, directly or indirectly an interest in the bidder’s firm or any of its’ branches.
Bidders shall certify that this bid response is impartial, at arms-length and free of any conflict of interest, unfair
advantage or personal benefit to any DeKalb County School District official.
K. FORM OF CONTRACT
If awarded the subject contract, the bidders will be required to sign the Standard Form of Contract for Services.
A copy of the contract form is provided with this ITB as Appendix B.
L. BASIS OF AWARD
Award will be made to the lowest responsive and responsible bidder meeting all specifications and requirements.
The bidder(s) who submits the lowest price, whose bid meets the specifications, terms, and conditions set forth in
the Invitation to Bid, and who is clearly capable of delivering the product(s) or service(s) specified, will be
recommended to the Board for approval.
The DCSD reserves the right to accept or reject any part of a submitted bid, to accept the entire bid from one
bidder, to accept portions of the bid from several bidders, or to reject all bids submitted or waive any minor
irregularity. The DCSD reserves the right to award the bid under the most beneficial economic terms for the DCSD.
M. BID PRICES
Bid prices will be held firm and remain open for acceptance for ninety (90) days from the time and date of the bid
opening, except as expressly provided by law.
N. PERFORMANCE AND PAYMENT BONDS
Performance and Payment Bonds from a surety satisfactory to DCSD must be furnished by the bidder awarded
the contract in an amount not less than 100 percent (100%) of the contract price if the contract price is $100,000
or more.
O. PERMITS
The successful contractor shall obtain all federal, state and local permits required for the Project, if any.
P. RIGHTS OF WAY AND EASEMENTS
All rights of way and easements anticipated for the Project, if any, have been obtained.
Q. COMMUNICATIONS WITH DCSD STAFF
The assigned contact persons for this RFP are Belinda Quillet, Procurement Manager and Angela Arlene-Myrick
Procurement Specialist II, for the Operations Division. Mrs. Quillet can be reached at 678-676-1373 or by email
at dcsd-op-bidquestion@dekalbschoolsga.org. Mrs. Arlene-Myrick can be reached at (678) 676-1554 or by email
at angela_arlene-myrick@dekalbschoolsga.org. Prospective Respondents must limit their contact regarding this
RFP to the assigned contact persons.
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Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 6 of 34
R. PROHIBITED CONTACTS
Except with the consent of the proposal contact person, all proposers, including any persons affiliated with or in
any way related to proposer, are strictly prohibited for contacting DeKalb County Board of Education members
and DCSD employees or consultants on any matter having to do in any aspect with this RFP, other than as
provided herein. Any and all contacts with such persons associated with DeKalb county school district shall be in
writing, in appropriate circumstances or cases, as directed by the contact person above. Except as expressly
provided in, or permitted by, the RFP documents, from the date of issuance of the request for proposals until final
DeKalb county board of education action of approval of contract award, the proposer submitting a bid shall not
initiate any communication or discussion concerning this procurement with any employee, agent, representative
or member of the board of education for DeKalb County School District. Furthermore, no employee, officer, or
agent of the DeKalb county board of education or DCSD may participate in the selection, award or administration
of a contract if he or she has a real or apparent conflict of interest. Any violation of this restriction may result in
the rejection of the proposal response.
S. QUESTIONS AND ANSWERS
It is intended that this proposal be adequate for any vendor to respond the DeKalb County School District
requirements. However, should proposers have questions, all questions should be submitted electronically via
email to Belinda Quillet at dcsd-op-bidquestion@dekalbschoolsga.org. Questions submitted to any other mail box,
voice mail or email address will not be considered for response. The deadline for receipt of vendor questions is
Wednesday, October 14, 2020 at 2:00 p.m. Questions received after the deadline time will not be considered.
Questions received by the deadline time will be answered in writing and posted to the website
https://www.dekalbschoolsga.ionwave.net no later than Monday, October 19, 2020 at 2:00 p.m. No response
other than written, by the procurement manager, will be binding upon DCSD.
T. ADDENDA
It is the vendor’s responsibility to check the DCSD Current Solicitations website at
https://www.dekalbschoolsga.Ionwave.net or www.demandstar.com for any addenda, responses to vendor
questions, or other communications which may be necessary during the solicitation period.
The Board of Education reserves the right to reject any and all bids and to waive technicalities and informalities.
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Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 7 of 34
II.
DEFINITIONS
A. Bidding Documents - the Advertisement for Bids, the Instructions to Bidders, the Bid Form, the form of Bid Bond
(if required), the form of Subcontractor Listing, the form of Corporate Certificate, the form of Partnership Certificate,
the form of Entity Certificate, the form of Bidder’s and Individuals’ Affidavit of Noncollusion, the Standard Form of
Contract for Services, the form of Performance Bond (if required), the form of Payment Bond (if required), all other
proposed contract documents, and any Addenda issued prior to Bid opening.
B. Addendum - Written or graphic instruments issued prior to the date for opening of bid, which modify or interpret
the Bid Documents by additions, deletions, corrections or clarifications.
C. Collusion - A secret agreement among bidders to circumvent laws and regulation when submitting bids and offers
in an attempt to win contracts by illegal means or methods.
D. Contract - A formal written agreement between the owner and a vendor for providing goods and services.
E. DCSD – For the purposes of this proposal, DCSD shall mean “DeKalb County School District” and “The District”.
F. Invitation to Bid (ITB) – A written competitive sealed bid process, in which award is usually made to the lowest
responsible and responsive bidder.
G. Lobbying – Lobbying is defined as any action taken by an individual, respondent, association, joint venture,
partnership, corporation, and all other groups who seek to influence the decision of a Board Member or District
Personnel, as it relates to formal solicitations.
H. Notice of Award – The written notice of the acceptance of the Bid from DCSD to the awarded respondent.
I. Notice to Proceed – The written notice issued by DCSD to the awarded respondent authorizing them to proceed
with the work and establishing the date of commencement of the contract time.
J. Owner – For the purposes of this proposal, Owner shall mean DeKalb County Board of Education.
K. Respondent – For the purposes of this bid, any person, respondent, corporation or agency submitting a response
to this Invitation to Bid or their duly authorized representative. The word bidder, vendor, offeror or respondent may
be used interchangeably within the Invitation to Bid.
L. Responsible Respondent – Respondent who has the capability in all respects to fully perform the contract
requirements and the integrity and reliability that will assure good faith performance.
M. Responsive Respondent – Respondent that has submitted a bid that conforms in all material aspects of the
solicitation.
N. Scope of Work – Includes the Work, as the term herein defined, as well as the responsibility of performing and
complying with all incidental matters pertaining thereto, as set out in the Contract Documents.
O. Specifications – A description of what the owner seeks to buy and what a bidder must be responsive to in order
to be considered for an award of a contract.
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Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 8 of 34
III.
GENERAL CONDITIONS
A. AWARDS
Award will be made to the lowest responsive and responsible bidder(s) meeting all specifications and
requirements. The bidder(s) who submits the lowest price, whose bid meets the specifications, terms, and
conditions set forth in the Invitation to Bid, and who is clearly capable of delivering the product(s) or service(s)
specified, will be recommended to the Board for approval. The DCSD reserves the right to award to more than
one bidder. Award of bids will be made in the best interest of DCSD.
B. CONTRACT TERMS
Appendix B is DeKalb County School District’s Standard Form of Contract for Services between the DeKalb County
Board of Education and the Contractor; Version 6.2015, which specifically outlines the contractual responsibilities.
All responders should thoroughly review the documents prior to submitting a proposal. Any proposed revisions to
the terms or language of this document must be submitted in writing with the responder’s response to the request
for proposals. Since proposed revisions may result in a proposal being rejected if the revisions are unacceptable
to the DeKalb County School District, responders should review any proposed revisions with an officer of the Firm
having authority to execute the contract. No alterations can be made in the contract after award by the DeKalb
County School District.
C. ILLEGAL IMMIGRATION REFORM AND ENFORCFEMENT ACT OF 2011
The Illegal Immigration Reform and Enforcement Act of 2011 applies to and is a requirement for all DeKalb County
School District solicitations for physical performance of services. The Immigration and Security Certification form
must be completed, notarized and returned with your bid. The remaining forms are attached as Exhibits to
Appendix B – Standard Form of Contract for Services and will be required to be completed and returned with the
contract.
D. COMPLIANCE
Final inspection of all products/services for acceptance or rejection will be made by DCSD. Final inspection
resulting in acceptance or rejection of the products/services will be made as soon as practicable, but failure to
inspect shall not be construed as a waiver by DCSD of its rights to reject such products/services or to claim
reimbursement or damages for such products/services which are later found to be defective or not in conformance
with the required specifications.
E. CANCELLATION
Awards, contracts, and extensions may be cancelled for convenience by DCSD at any time. In the event of
termination of this contract by DCSD, the DCSD will be responsible only for those items and or services that have
been delivered and accepted according to the bid specifications and will not be responsible for any claims for
damages, including but not limited to, claims for list profits.
F. ASSIGNMENT OF AWARD
The successful Respondent may not assign the award or contract to or subcontract with another party without
the express written permission of DCSD.
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Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 9 of 34
G. TAXES
Purchases made by DCSD are not subject to federal, state, or local sales tax. A Sales Tax Exemption
Certificate will be furnished upon request.
H. NON-DISCRIMINATION
DCSD does not discriminate on the basis of race, color, religion, sex, national origin, age, or disability in any of
its employment practices, education programs, services or activities.
DCSD supports an open, fair, and impartial free-market system which maximizes competition and seeks to include
all responsible businesses and to provide ample opportunities for business growth and development. Minority
businesses are encouraged and given the opportunity to bid on various projects; however, all responses will be
evaluated on the same criteria. It is not the intention or desire of DCSD to restrict or impede competition, nor to
increase the cost of the work.
I. DRUG-FREE WORKPLACE
By submission of a response to this Bid, the bidder certifies that he/she and his/her employees will not engage in
the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substance or drugs on
school district property during the performance of the contract.
J. SMOKE-FREE WORKPLACE
By submission of a response to this Bid, the bidder certifies that he/she and his/her employees will not use
tobacco products on school property at any time during the performance of this contract.
K. SUSPENSION AND DEBARMENT
By submitting this bid, the bidder certifies that the bidding company and/or its principals have not been suspended,
excluded, disqualified, debarred, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction by any Federal or State department or agency and that the bidder complies with
all applicable orders, rules and regulations related thereto.
Further, by submitting this bid, the bidder certifies that all lower tier participating individuals and/or company(s)
and all respective principals of lower tier participants have not been suspended, excluded, disqualified, debarred,
proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction by any
Federal or State department or agency and that the bidder complies with all applicable orders, rules and
regulations related thereto.
The certification placed herein is a material representation of fact upon which reliance will be placed as bid
submissions are evaluated and any transaction is entered into. If it is later determined that the prospective bidder
has knowingly rendered an erroneous certification, the DeKalb County School District may pursue all available
remedies, including but not limited to suspension and/or debarment.
The bidder shall provide immediate written notice to the DeKalb County School District Operations Division
Procurement Department if at any time the prospective bidder learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
The bidder agrees by submitting this form that should the proposed transaction be entered into, the prospective
bidder shall not knowingly enter into any lower tier transaction with a person or entity that is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this transaction.
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October 1, 2020 Page 10 of 34
L. GEORGIA OPEN RECORDS ACT
Without regard to any designation made by the person or entity making a submission, DeKalb County School
District considers all information submitted in response to this invitation or request to be a public record that may
be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. 50-18-70 et seq., without
consulting or contracting the person or entity making the submission, unless a court order is presented with the
submission. You may wish to consult an attorney or obtain legal advice prior to making a submission.
M. VENDOR EMPLOYEES ON DCSD PROPERTY
All Vendor employees, agents and subcontractors working on DCSD property must wear ID, preferably a photo
ID, and be neat and clean in appearance, and must comply with all of the policies and procedures related to on-
campus work that are in effect at the school or administrative site, as the case may be. Vendor shall provide and
institute necessary security measures to prevent unauthorized access to any and all computer networks and
Proprietary Information, trade secrets or Student Information of DCSD by any of its employees or agents, and
Vendor shall be liable and responsible to DCSD for any and all security breaches by its employees or agents.
N. AMENDMENTS IN WRITING
No amendment of any term or condition contained in this contract, including the Bid and Vendor’s Response shall
be effective unless it is in writing and signed by duly authorized representatives of the parties. No representation,
request, instruction, directive or order, made or given by any official, employee or agent of DCSD, whether verbal
or written, shall be effective to amend this agreement or excuse or modify performance hereunder unless reduced
to a formal amendment and executed as set forth above. Vendor shall not be entitled to rely on any such
representation, request, instruction, directive or order and shall not, under any circumstances whatsoever, be
entitled to additional compensation, delay in performance or other benefit claimed for relying upon or responding
to any such representation, request, instruction, directive or order.
O. INDEMNIFICATION
The Contractor shall indemnify and hold the Owner harmless from any and all claims, liability, damages, loss,
liens, costs and expenses of every type whatsoever including, without limitation, attorneys' fees and expenses,
arising out of or in connection with the Contractor's performance of this Contract and the Work, to the extent
caused by the Contractor, or anyone for whose acts the Contractor is or may be responsible or liable, regardless
of whether such liability, claim, damage, loss, cost or expense is caused in part by the Owner. The Contractor
shall not indemnify or hold harmless the Owner against claims for damages, losses, or expenses, including
attorneys’ fees, caused by or resulting from the sole negligence of the Owner, or its officers, agents or employees;
provided, however, this indemnification obligation shall not be limited by any limitation on amount or type of
damages, compensation, or benefits payable by or for the Contractor or its subcontractors, sub-subcontractors, or
suppliers under workers’ compensation acts, disability benefit acts or other employee benefit acts.
P. COMPLIANCE WITH LAWS
This ITB and subsequent agreements are subject to the laws of the State of Georgia. All items or services
furnished must comply with applicable federal, state, and local laws, codes, and regulations.
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Q. BACKGROUND CHECKS
A criminal background check must be performed on all contractors, consultants, subcontractors, volunteers and
vendors (hereinafter jointly referred to as "Individuals") who provide services on DCSD premises, supervise
services on DCSD premises, or has contact with students. These Individuals shall undergo the same criminal
background check, within the last 365 days, as required by DCSD employees. Such background checks will be
performed by DCSD at the expense of the Individual at a cost of $45.00 per individual. Additionally, any charges
against the Individual, may be deemed unacceptable in DCSD’s sole discretion regardless of whether dismissed,
expunged, sealed, removed from the record, treated as a “first offender” or dead docketed. Upon receipt and
evaluation of DCSD’s background check results, DCSD may demand that the Individual have no contact with
DCSD students or parents, or provide services to DCSD premises. Any failure of the contractor to obtain a criminal
records background check through DCSD, as stated herein, may result in termination of any resulting contract
between contractor and DCSD.
R. RESPONDENT PERFORMANCE
The successful Respondent is required to perform and fulfill all the undertakings, covenants, terms, conditions,
and agreements of this ITB document and any negotiated contract(s). Failure of the Respondent to fully perform
these obligations may result in cancellation of the award and contract.
DCSD will look to the Respondent and his/her identified personnel to coordinate and deliver the services described
in this ITB. The obligations of the contract shall not be delegated to subcontractors or assigned to any third party.
S. COSTS INCURRED
DCSD is not liable for any costs incurred by a Respondent in preparing and/or submitting a response to this ITB
or for any interview if requested. Any and all costs incurred by the Respondent in preparing and/or submitting a
response to this ITB shall be the sole responsibility of the Respondent and shall not be reimbursed by DCSD.
T. PERMITS AND APPLICABLE LAW
Respondents shall at their own expense obtain all necessary permits, certifications, and licenses and shall comply
with all applicable local, state, and federal laws, ordinances, rules, and regulations necessary to fully execute the
requirements stated herein. Respondents shall maintain all such permits, licenses, certifications, and compliances
in a current status throughout the course of the contract. Respondents shall submit copies of permits, licenses,
and certifications evidencing proof of the aforementioned immediately upon request of DCSD. Respondents shall
be in compliance with registration with the Georgia Secretary of State’s office as applicable.
U. CONFIDENTIALITY AND NON-DISCLOSURE
Information made available to Respondents by DCSD shall be used only for purposes related to responding to this
ITB and shall not be used for any other purpose without the express written permission of DCSD.
Respondents to this ITB unequivocally agree to assume responsibility for protecting and safeguarding the
confidentiality of DCSD records that are not public information. Such information may include, but is not limited to
student and human resource file contents.
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October 1, 2020 Page 12 of 34
V. RIGHTS RESERVED
DCSD reserves the right to accept or reject any and/or all parts of responsive bids received and/or to reject all bids
submitted. DCSD reserves the right to award any resulting contract in the manner that is in the best interest of
and most advantageous to DCSD. DCSD reserves the right to waive any technicalities or minor irregularities in
responses received and to award the contract in the most beneficial manner for DCSD. The decision of DCSD
shall be final.
W. CONDITIONAL PROPOSALS
Bids that are conditional and/or in any way qualify or vary the terms of these instructions, conditions, and
specifications shall be considered non-responsive and disqualified.
X. RESPONDENT FAILURE
In the event services to be furnished by the successful Respondent should for any reason fail to conform to the
scope of work contained herein, DCSD reserves the right to reject the services and further reserves the right to
terminate the contract.
Failure of the successful Respondent to perform contracted services may also result in the removal of that
Respondent from doing business with DCSD for a period of not less than one year.
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 13 of 34
IV.
PROTEST PROCEDURES FOR OPERATIONS DIVISION CONTRACT AWARDS
Protest Process. This section describes the mandatory administrative procedure whereby Offerors submitting sealed
competitive bids/proposals (hereinafter referred to as “bidders”) to DCSD directly related to design and construction, for
proposals worth $100,000 or more may challenge the solicitation process, and whereby bidders/Offerors on sealed
competitive bids directly related to Facilities Management for proposals worth $100,000 or more, may challenge contract
awards.
1. Protests. A bidder may file a written protest challenging DCSD’s compliance with applicable procurement
procedures subject to the bidder’s compliance with the provisions outlined below. Any such written protest will be
resolved in accordance with these provisions.
2. Types of Challenges. Any bidder interested in and capable of responding to a competitive solicitation may file a
protest with respect to the competitive solicitation process including, but not limited to, a challenge to specifications
or any events or facts arising during the solicitation process. Any bidder submitting a timely bid/proposal in
response to a competitive solicitation may file a protest with respect to DCSD’s intended or actual contract award
including, but not limited to, events or facts arising during the evaluation and/or negotiation process.
3. Form of protest. At a minimum, the written protest must include the following:
a. the name and address of the protestor;
b. appropriate identification of the solicitation;
c. a statement of reasons for the protest;
d. supporting exhibits, evidence, or documents to substantiate any claims unless not available
within the filing time (in which case the Offeror must proceed to file the protest during the filing
period identified below but state the expected availability of the material); and
e. the desired remedy.
DCSD, at its discretion, may deem issues not raised in the initial protest as waived with prejudice by
the protesting Offeror.
4. Filing Protests. A protest is considered to be properly filed when it is in writing, signed by a company officer
authorized to sign contracts on behalf of the Offeror, and is received by the Design and Construction Department.
The protest may be sent by any of the following means:
MAIL: Attention: Mr. Noel Maloof
Deputy Chief Operations Officer
DeKalb County School District
Sam A. Moss Service Center
1780 Montreal Road
Tucker, Georgia 30084
FAX: (678) 676-1475
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 14 of 34
The Offeror must observe the following deadlines when filing a protest:
Type of Protest Protest Filing Deadline
Challenge to Competitive Solicitation Process Two (2) business days prior to the closing date and time
of the solicitation as identified on the Invitation to Bid.
Challenge to an Intended or Actual Contract In the event DCSD posts a Notice of Intent to Award
Award (“NOIA”), the protest must be filed within ten (10) calendar
days of the date the NOIA is posted.
In the event DCSD does not post a NOIA, the protest
must be filed within ten (10) calendar days of the date the
Notice of Award (“NOA”) is posted.
If a bidder fails to file a protest by the applicable deadline, such failure shall be deemed as a waiver with
prejudice of any grounds the bidder may have for protest.
5. Stay of procurement during protest review. When a protest challenging the competitive solicitation process
has been timely filed at least two (2) business days prior to the closing date and time, the solicitation shall not
close until a final decision resolving the protest has been issued, unless the facilities management department
makes a written determination that the closing of the solicitation without delay is necessary to protect the interests
of DCSD.
When a protest challenging an intended contract award has been timely filed, DCSD shall not proceed to actual
contract award unless the Design and Construction Department makes a written determination that the issuance
of a contract or performance of the contract without delay is necessary to protect the interests of DCSD. If it is
determined that it is necessary to proceed with contract performance without delay, the bidder/Offeror with this
contingent contract may proceed with performance and receive payment for work performed in strict accordance
with the terms of the contract. The provisions of this paragraph are not applicable to a protest pertaining to
events or facts arising during the solicitation process.
6. Protest Resolution. The Facilities Management Department shall review and issue a written decision on the
protest within seven (7) business days. This decision shall be deemed final. Available remedies for sustained
protests are as follows:
If a protest is sustained prior to the closing date and time of the solicitation, available remedies may
include, but are not limited to, the following: modification of the solicitation document including, but not
limited to, specifications and terms and conditions; extension of the solicitation closing date and time (as
appropriate); and cancellation of the solicitation.
If a protest of the intended/actual contract award is sustained, available remedies may include but are not
limited to, the following: revision or cancellation of the NOIA/NOA, re-evaluation and re-award, or re-
solicitation with appropriate changes to the new solicitation.
7. Costs. In no event shall a bidder be entitled to recover any costs incurred in connection with the solicitation or
protest process, including, but not limited to, the costs of preparing a bid/proposal, the costs of participating in the
protest process, or any attorney fees.
(END OF ITB – SEE ATTACHMENTS AND APPENDICES)
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 15 of 34
ATTACHMENT A: CONTRACTOR CHECKLIST AND CERTIFICATION
The undersigned, hereby acknowledges having received Invitation to Bid (ITB) No. 20-752-036 for Electrical
Contractor Services containing a full set of documents:
Owner’s Project Specific Information
Appendix A Owner’s Preliminary Program Narrative (4 pages)
Appendix B Standard Form of Contract for Services (Non-Capital Outlay Services)(20 pages)
Appendix C Subcontractor Affidavit of Noncollusion (1 page)
Appendix D DCSD 2020 Vision – Educational Specifications and Design Guidelines-Division 9-Finishes (6 pages)
IMPORTANT NOTICE: The omission of any of the required items listed below shall cause the bid
submission to be declared non-responsive and to be rejected.
Check Box to
Include Confirm
Owner’s Standard Forms: with Bid Inclusion
Attachment A Contractor’s ITB Checklist (2 pages) YES
Attachment B1 Corporate Certificate (1 page) B1 or B2 or
Attachment B2 Partnership Certificate (1 page) B3 as
Attachment B3 Entity Certificate (1 page) applicable
Attachment C Subcontractor Listing (1 page) YES
Attachment D Offeror’s and Individuals’ Affidavit of Noncollusion (2 pages) YES
Attachment E Conflict of Interest Disclosure Form (2 pages) YES
Attachment F Form of Consent to Release Information (1 page) YES
Attachment G Vendor Reference Form (1 page) YES
Attachment H Vendor Questionnaire (1 page) YES
Attachment I Bid Form (3 pages) YES
Attachment J Immigration and Security Certification Form (2 pages) YES
Attachment K Suspension and Debarment Certification (1 page) YES
Affix to
Attachment L Bid Delivery Label (1 page) exterior of
package
Attachment M No Submittal Response Form (1 page) N/A
Check Box to
Include Confirm
Other Requirements: with Bid Inclusion
Sample Certificate of Insurance, per Instruction Bidders Item I. YES
Copy of Business License, per Instructions Bidders Item H. YES
Acknowledgement of ALL addenda (if any) below. YES
Electronic Version of bid documents YES
Indicate Addenda(s) Nos. received (none unless indicated here).
The Contractor is responsible for reading and understanding all sections of this ITB, and affirms that the Contractor shall
be bound by all of the terms and conditions contained in this ITB.
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 16 of 34
Further, the undersigned, being duly sworn, states on oath that no disclosures of ownership have been withheld from the
Board, that the information provided herein is current, and Contractor and its officers and employees have not entered into
any agreement with any other Contractor or prospective Contractor or with any other person, firm or corporation relating to
any prices or other terms named in this ITB or any other ITB, nor has it entered into any agreement or arrangement under
which a person, firm or corporation is to refrain from responding to this ITB.
Name of Contractor:
Signature: Printed Name:
Title: Date:
Sworn to and subscribed before me this ___ day of _______________, 2_____.
Notary Public: _____________________________ My commission expires: __/__/__.
(SEAL)
THE DEKALB COUNTY SCHOOL DISTRICT RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS AND TO
WAIVE INFORMALITIES.
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 17 of 34
ATTACHMENT B1: CORPORATE CERTIFICATE
(Bids)
STATE OF _______________________
COUNTY OF _____________________
I, ________________________________, certify that I am the Secretary of the corporation named as Contractor
in the foregoing bid; that _____________________________________ who signed said bid in behalf of the Contractor was
then _______________________ of said corporation; that said bid was duly signed for and in behalf of said corporation by
authority of its Board of Directors, and is within the scope of its corporate powers; and that said corporation is organized
under the laws of the State of ____________________.
_____________________________________
[signature]
_____________________________________
[typed name]
Subscribed and sworn to
before me this ___ day of
_______________, 2_____.
(SEAL)
_____________________
Notary Public
My Commission Expires:
___/___/___
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 18 of 34
ATTACHMENT B2: PARTNERSHIP CERTIFICATE
(Bids)
STATE OF __________________________
COUNTY OF ________________________
On this ____ day of ______________, 20______, personally appeared _____________________________, who
executed the above bid, and being first duly sworn, deposes and says that he or she is a general partner in the firm of
_____________________________ and that said firm consists of himself or herself and
____________________________________________ and that he or she executed the foregoing instrument on behalf of
said firm for the uses and purposes stated therein, and that no one except the above named members of the firm have any
financial interest whatsoever in said proposed contract.
____________________________________
[Affiant’s Signature]
_________________________________ __________________________________
Partner Partner
_________________________________ __________________________________
Partner Partner
Subscribed and sworn to
before me this ___ day of
_______________, 2____.
(seal)
_______________________
Notary Public
My Commission Expires:
___/___/___
NOTE: If only one partner signs, a Power of Attorney executed by all other partners authorizing him or her to act in the nam e of the
partnership must be attached; otherwise, all partners must sign.
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 19 of 34
ATTACHMENT B3: ENTITY CERTIFICATE
(Bids)
STATE OF _______________________
COUNTY OF _____________________
I, ________________________________, certify that I am the Secretary of the entity named as Contractor in the
foregoing bid; that _____________________________________ who signed said bid in behalf of the Contractor was then
_______________________ of said entity; that said bid was duly signed for and in behalf of said entity by due authority,
and is within the scope of its legal powers; and that said entity is a ________________________ organized under the laws
of the State of ____________________.
_____________________________________
[signature]
_____________________________________
[typed name]
Subscribed and sworn to
before me this ___ day of
_______________, 2____.
(SEAL)
_____________________
Notary Public
My Commission Expires:
___/___/___
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 20 of 34
ATTACHMENT C: SUBCONTRACTOR LISTING
(Bids)
TO: DEKALB COUNTY BOARD OF EDUCATION ITB No. 20-752-036
hereinafter called “Owner” Project No. Not Applicable
Pursuant to bidding requirements for the Project known as Electrical Contractor Services, the undersigned proposes to use the
following subcontractors for principal portions of the Project:
SUBCONTRACTOR NAME ADDRESS
PORTION OF THE WORK CONTACT PERSON TELEPHONE NUMBER
Use Additional Sheets If Necessary
Provide Signature Identical To That BIDDER: _____________________________________
Shown On The Bid Form [typed proper name of Bidder]
By: ______________________________________
[signature]
______________________________________
[name and title]
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 21 of 34
ATTACHMENT D: BIDDER’S and INDIVIDUALS’ AFFIDAVIT OF NONCOLLUSION
(This affidavit to be executed in accordance with O.C.G.A. § 36-91-21(e))
STATE OF ______________________
COUNTY OF ____________________
COMES NOW, _________________________________________________________(“Bidder”),
[name of Bidder]
appearing by and through _________________________________ , it’s _________________________
[insert name of individual with [title]
authority to bind Bidder]
(averring both individually and in his or her representative capacity on behalf of Bidder) (the “Individual And
Representative Affiant”), and ____________________________________________________________
[in these blanks insert the names of all those required to give the oath
under O.C.G.A. § 36-91-21(e)]
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
(collectively, the “Individual Affiants”), and each of the Individual And Representative Affiant and the Individual Affiants, after first being
duly sworn, deposes and says that:
1. He, she or it, as applicable, has not directly or indirectly violated subsection (d) of the Official Code of Georgia Annotated
Section 36-91-21, which subsection provides as follows:
(d) Whenever a public works construction contract for any governmental entity subject to the requirements of
this chapter is to be let out by competitive sealed bid or proposal, no person, by himself or herself or otherwise, shall prevent
or attempt to prevent competition in such bidding or proposals by any means whatever. No person who desires to procure
such work for himself or herself or for another shall prevent or endeavor to prevent anyone from making a bid or proposal
therefor by any means whatever, nor shall such person so desiring the work cause or induce another to withdraw a bid or
proposal for the work.
2. If the Bidder is a partnership, then the Individual and Representative Affiant, together with the Individual Affiants, constitute
all of the partners and any officer, agent or other person who may have represented or acted for them in bidding for or procuring the
contract for the DeKalb County Board of Education Electrical Contractor Services Project, (the “Project”).
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 22 of 34
3. If the Bidder is a corporation or other entity, then the Individual And Representative Affiant, together with the Individual
Affiants, constitute all officers, agents, or other persons who may have acted for or represented the corporation or other entity in bidding
for or procuring the contract for the Project.
Further, the Individual And Representative Affiant and the Individual Affiants sayeth not.
This _______ day of _______________, 2_____
_____________________________________
[insert name of Bidder]
and ___________________________________________
[insert name of Individual And Representative Affiant]
By: ___________________________________, both individually and on behalf of Bidder as its
[signature]
_________________________________
[insert title]
Individual Affiants’ signatures and names:
x_____________________________________ x____________________________________
Name: Name:
x_____________________________________ x____________________________________
Name: Name:
x_____________________________________ x____________________________________
Name: Name:
x_____________________________________ x____________________________________
Name: Name:
x_____________________________________ x____________________________________
Name: Name:
x_____________________________________ x____________________________________
Name: Name:
Sworn to and subscribed before me this ___ day of _______________, 2_____.
Notary Public: _____________________ My commission expires: __/__/__.
(SEAL)
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 23 of 34
ATTACHMENT E: CONFLICT OF INTEREST DISCLOSURE AFFIDAVIT
I HEREBY CERTIFY, UNDER OATH, that
1. I (Printed Name), ______________________________________ am the (Title)
_________________________________________________ and I am the duly authorized
representative of the firm of (Firm Name) _______________________
_____________________________________________ (the “Firm”) for purposes of this Affidavit,
whose address is (Firm Address) _________________________
________________________, and I possess the legal authority to make this Affidavit on behalf of myself
and the Firm, as follows:
2. The following employee(s), officer(s) or agent(s) of the Firm (collectively, “Firm Representative”) is/are
related, by blood or marriage, to an employee, agent or Board Member of the DeKalb County Board of
Education (collectively, “Owner Representative”), as indicated below:
Firm Representative Owner Representative Relation
________________ __________________ __________________
________________ __________________ __________________
________________ __________________ __________________
________________ __________________ __________________
________________ __________________ __________________
3. Except as listed below under “EXCEPTIONS”, neither the Firm nor any Firm Representative have any
conflicts of interest, whether real or potential, due to kinship, ownership, other clients, other contracts,
interests, or otherwise concerning the DeKalb County Board of Education, the Project or any Owner
Representative:
EXCEPTIONS (fully disclose and completely explain)
[Continued on Next Page]
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 24 of 34
4. This disclosure is made without prior understanding, agreement, or connection with any corporation, firm
or person submitting a bid, Proposal or qualification statement for the same contract or project, and is in
all respects without collusion or fraud.
Wherefore, the foregoing disclosure is fully complete and true, and may be relied upon by the DeKalb County
Board of Education:
Signature: ____________________________________________
Printed Name: ____________________________________________
Firm Name: ____________________________________________
Date: ____________________________________________
Sworn to and described before me this ________ day of _______________________
Personally known: ____________________________________________
OR Produced Identification: ____________________________________________
Type of Identification: ____________________________________________
Notary Public – State of ____________________________________________
My Commission Expires ____________________________________________
Affix Notary Seal Here:
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 25 of 34
ATTACHMENT F: CONSENT TO RELEASE INFORMATION
The undersigned, having submitted a competitive sealed Bid to the DeKalb County Board of Education in respect of a local
government entity public works construction project (or being a partner in a joint venture that has submitted such Bid), hereby authorizes
any person or entity having in its possession, custody or control any information regarding the undersigned to fully disclose and make
available such information to the DeKalb County Board of Education, its agents, attorneys and other representatives.
This ___ day of _______________, 2_____.
_____________________________________________________
[Printed name of person or entity consenting to release of information]
By: ___________________________________
Printed name: ___________________________
Printed Title: ____________________________
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 26 of 34
ATTACHMENT G: VENDOR REFERENCE FORM
VENDOR REFERENCES FOR:
Insert Company Name
References must be completed by ALL Vendors. It is the vendor’s responsibility to provide COMPLETE and ACCURATE
reference information on the form below; completing ALL fields. Failure to do so can result in DCSD being unable to verify
vendor’s past work, which may affect DCSD’s determination that the vendor is responsive and responsible. DCSD reserves
the right to consider past experience with vendor.
1. __________________________________________________________________________________
Company
__________________________________________________________________________________
Address, City, State, Zip Code
___________________________________ _______________________________________
Telephone Number Fax Number
___________________________________ _______________________________________
Name of Contact Person E-Mail Address
2. __________________________________________________________________________________
Company
__________________________________________________________________________________
Address, City, State, Zip Code
___________________________________ _______________________________________
Telephone Number Fax Number
___________________________________ _______________________________________
Name of Contact Person E-Mail Address
3. __________________________________________________________________________________
Company
__________________________________________________________________________________
Address, City, State, Zip Code
___________________________________ _______________________________________
Telephone Number Fax Number
___________________________________ _______________________________________
Name of Contact Person E-Mail Address
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 27 of 34
ATTACHMENT H: VENDOR QUESTIONNAIRE
Please provide written responses to the following questions. If the answer to any of the questions is ‘Yes’, Vendor shall
describe fully the circumstances, reasons therefore, the current status, and ultimate disposition of each matter that is the
subject of this inquiry.
Office Address that will perform the majority of the work under this ITB:
Individual that will be primary point of contact for service under this ITB (name/email/phone):
Number of years in business, providing work detailed in this ITB:
List all applicable Business and Individual licenses/certifications applicable to the work detailed in this ITB
Has Vendor been declared in default of any contract? If yes, explain by attachment.
Yes ________ No______
Has an uncompleted contract been assigned by Vendor’s surety company or any payment of performance bond issued to
Vendor arising from its failure to fully discharge all contractual obligations thereunder? If yes, explain by attachment.
Yes ________ No______
Within the past three years, has Vendor filed for reorganization, protection from creditors, or dissolution under the
bankruptcy statutes? If yes, explain by attachment.
Yes ________ No______
Is Vendor now the subject of any litigation in which an adverse decision might result in a material change in the firm’s
financial position or future viability? If yes, explain by attachment.
Yes ________ No______
Within the next year, does Vendor plan any personnel reductions? If yes, explain by attachment.
Yes ________ No______
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 28 of 34
ATTACHMENT I: BID FORM STANDARD FORM OF CONTRACT FOR SERVICES
DeKalb County Board of Education
Sam A. Moss Service Center
1780 Montreal Road
Tucker, Georgia 30084
In compliance with your Invitation to Bid and the Bidding Documents, the undersigned Bidder,
____________________________________________,
[legal name of Bidder]
____________________________________________
____________________________________________,
[address of Bidder]
____________________________________________,
[telephone number of Bidder]
____________________________________________,
[email address of Bidder]
having carefully examined the site and Bidding Documents, including the proposed contract documents and any Addenda
thereto, for Project: Electrical Contractor Services District-Wide proposes and agrees, if this bid is accepted, to enter
into a contract with the Owner in the exact form identified in the Invitation to Bid and to perform the Work including all
services, supervision, labor, equipment and material in conformance with the Contract Documents, in the time stated, and
submits the following proposed Unit Price that will be inserted into Exhibit A of the contract as set forth below:
The undersigned Bidder further agrees to the following Unit Prices as provided for in the contract documents:
ITEM 1- HOURLY RATES for Electrical Contractor Services:
SERVICE HOURLY RATE OT RATE & WEEKENDS
Licensed Master Electrician $ /Hour $ /Hour
Licensed Journeyman $ /Hour $ /Hour
Apprentice Electrician $ /Hour $ /Hour
Labor $ /Hour $ /Hour
ITEM 2- COST OF MATERIAL MARK UP:
% mark-up over list price for materials %
NOT TO EXCEED 15%
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 29 of 34
ITEM 3- EQUIPMENT RENTAL
% mark-up over list price for equipment %
NOT TO EXCEED 15%
Materials to be furnished by Contractor shall be at the Contractor’s actual cost plus percentage bid, as
specified.
Work Authorizations, if any, are to be issued at the sole discretion of the Owner. The maximum amount of work
covered by all Work Authorization Agreements entered into pursuant to a contract as a result of this solicitation,
shall not exceed $99,999.99 per project and execution of a contract is not a guarantee of a minimum amount.
No minimum amount will be guaranteed.
Renewal Rate Increases (if any) %
Year 1 %
Year 2 %
Year 3 %
Year 4 %
Vendor shall provide overall increase by percentage for all pricing and rates above for years 1 thru 4 of
potential contract renewal.
The Bidder understands that the Owner reserves the right to reject any or all Bids, and to waive technicalities and
informalities.
The Bidder agrees that this Bid may not be revoked or withdrawn for a period of ninety (90) days after the date
and time of Bid opening, but shall remain open for acceptance for a period of ninety (90) days following Bid
opening.
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Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 30 of 34
The person signing this bid form must be legally authorized to bind the company.
Respectfully submitted,
______________________________________
[typed name of Bidder]
By: __________________________________[seal]
[signature]
__________________________________________
[typed name and title]
__________________________________________
[address of Bidder]
(_____)____________________________________
[business telephone number]
__________________________________________
[date of execution]
STATE OF _______________________
COUNTY OF _____________________
Came before me, ________________________________________, and after being
[typed name of individual signing Bid]
duly sworn, deposes and says that he/she is ___________________________________ of
[Title]
________________________________ and that all of the foregoing is true and correct
[Bidder]
to best of his/her information and belief.
_____________________________________
[signature of individual signing Bid]
Subscribed and sworn to before me this ___ day of ______________, 20____.
(seal)
_________________________________
Notary Public
My Commission Expires:
_____/_____/_____
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 31 of 34
ATTACHMENT J: IMMIGRATION AND SECURITY CERTIFICATION
If you are providing service, performing work or delivering goods to the DeKalb County Board of
Education/DeKalb County School District including, but not limited to schools, warehouses and central
offices, the applicable Georgia Security and Immigration Compliance documents found here must be
completed, signed, notarized and submitted with your bid/proposal. Failure to provide this document with
your bid/proposal will result in the disqualification of the bid/proposal.
1) Offeror/Bidder shall at all times comply with the Georgia Security and Immigration Compliance Act, as
amended, O.C.G.A. § 13-10-90 et. seq.
2) In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and
the Georgia Security and Immigration Compliance Act, as amended by the Illegal Immigration Reform Act of 2011,
O.C.G.A. § 13-10-90 et. seq. (collectively the “Act”), the Offeror MUST INITIAL the statement applicable to Offeror
below:
(a) ________ (Initial here): Offeror/Bidder warrants that, Offeror/Bidder has registered
at https://e-verify.uscis.gov/enroll/ to verify information of all new employees in order to comply
with the Act; is authorized to use and uses the federal authorization program; will continue to
use the authorization program throughout the contract period; Offeror/Bidder further warrants
and agrees Offeror/Bidder shall execute and return any and all affidavits required by the Act
and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule
300-10-1-.01 et. seq. [Offerors/Bidders who initial (a) must attach and return a signed,
notarized Contractor Affidavit and Agreement with the Contract if awarded];
or
(b) ________ (Initial here): Offeror/Bidder warrants that he/she does not employ any other
persons, and he/she does not intend to hire any employees or to perform the Contract.
[Offerors/Bidders who initial (b) must attach and return a signed, notarized Affidavit of
Exception with the Contract if awarded];
or
(c) _______ (Initial here) Offeror/Bidder is an individual who is licensed pursuant to
Title 26 or Title 43 or by the State Bar of Georgia and is in good standing when such contract
is for services to be rendered by such individual and thus does not have to provide an affidavit.
3) _____ (Initial here) Offeror/Bidder will not employ or contract with any sub-contractor in connection
with a covered contract unless the subcontractor is registered, authorized to use, and uses the
federal work authorization program; and provides Offeror/Bidder with all affidavits required by the
Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule
300-10-1-.01 et. seq.
4) _____(Initial here) Offeror/Bidder agrees that, if Offeror/Bidder employs or contracts with any sub-
contractor in connection with the covered contract under the Act and DOL Rules 300-10-1-.01, et seq
that Offeror/Bidder will secure from each sub-contractor at the time of the contract the sub-contractor’s
name and address, the employee-number applicable to the sub-
contractor, the date the authorization to use the federal work authorization program was granted to sub-
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 32 of 34
contractor; the subcontractor’s attestation of the subcontractor’s compliance with the Act and Georgia
Department of Labor Rule 300-10-1-.01, et seq.; and the subcontractor’s
agreement not to contract with sub-subcontractors unless the sub-subcontractor is registered, authorized
to use, and uses the federal work authorization program; and provides subcontractor with all affidavits
required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth
at Rule 300-10-1-.01 et. seq.
5) ______(Initial here) Offeror/Bidder agrees to provide the DeKalb County School District with all affidavits
of compliance as required by O.C.G.A. § 13-10-90 et seq. and Georgia Department of Labor Rules 300-
10-1-.01, et seq within five (5) business days of receipt.
_________________________________ ______________________________
Signature Date
____________________________________ _______________________________
EEV/Basic Pilot Program Date of Authorization
User Identification Number
Firm Name: __________________________________________________________
Street/Mailing Address: ________________________________________________
City, State, Zip Code: __________________________________________________
Telephone Number: ___________________________________________________
Email Address: _______________________________________________________
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE
______ DAY OF_____________________, 20____
Notary Public
My Commission Expires:
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 33 of 34
ATTACHMENT L: BID DELIVERY LABEL
DELIVER TO:
DeKalb County Board of Education
Attn: Procurement Manager
Sam A. Moss Service Center
1780 Montreal Road
Tucker, Georgia 30084
SEALED BID – DO NOT OPEN
(affix to package)
ITB No: 20-752-036
ITB Title: Electrical Contractor Services
Due Date/
Time: October 22, 2020, no later than 2:00 PM
Submitted by:
Vendor Name:
Address:
DeKalb County School District ITB No. 20-752-036
Electrical Contractor Services Project # Not Applicable
October 1, 2020 Page 34 of 34
ATTACHMENT M: NO SUBMITTAL RESPONSE FORM
ITB Number: 20-752-036 DCSD Project No.: Not Applicable
Title: Electrical Contractor Services
If your company will not be submitting a Bid in response to this Invitation to Bid, please complete this form and return or
fax, prior to the ITB due date established within to:
DeKalb County Board of Education (the “Board”)
Sam A. Moss Service Center - Procurement Services
Attention: Procurement Manager
1780 Montreal Road
Tucker, Georgia 30084-6705
Fax (678) 676-1475
This information will assist Procurement Services in the preparation of future ITBs.
Company Name: ______________________________________________________________
Contact: ____________________________________________________________________
Address: ____________________________________________________________________
Telephone: _________________________________ Fax: ____________________________
Email:_______________________________________________________________________
Please check reason for a “no submittal.”
_____ Specifications ‘too tight,” geared toward one brand or manufacturer (explain below)
_____ Insufficient time to respond
_____ Specifications unclear (explain below)
_____ We do not offer this service or an equivalent
_____ Our schedule does not permit us to perform
_____ Unable to meet specifications
_____ Unable to meet bond requirements
_____ Unable to hold prices respondent throughout the term of the contract period
_____ Unable to meet insurance requirements
_____ Other
Explanation:
_____________________________________________________________________________________________
If submitting this form, only this form needs to be returned.
Appendix A: Owner’s Criteria and Narrative Scope of Work
ITB 20-752-036 Electrical Contractors
1. PURPOSE
The DeKalb County School District (DCSD) is seeking bids from qualified vendors
to provide Electrical Services on an as needed basis to support the DCSD
Facilities/Maintenance Department and CIP SPLOST Program. This shall include,
but not be limited to, those listed in the scope of work and specifications. The
specification and scope of work listed and described in the body of this Invitation
to Bid (ITB) establishes the minimum requirements for Electrical Contractor.
Minimum Qualification Requirements:
To be eligible for award of this project bidders shall:
A. Provide evidence of a minimum of five (5) years of experience performing
electrical maintenance, repair, renovations and installation services.
B. Provide verifiable client references demonstrating successful completing of a
least five (5) electrical projects of similar scope and performed within the last
three (3) years.
2. GENERAL OVERVIEW/SCOPE OF WORK
A. The successful Contractor shall provide all labor, materials and equipment
necessary to perform maintenance, repair, renovations, installation or
alteration of electrical systems including lighting, power, electrical related
fixtures, computer and telephone wiring and any other components requested
by the District. Work may be performed on the exterior or interior of buildings.
B. Projects shall include, but not limited to, adding additional circuits, replacing
panels and sub-panels, adding dedicated lines and grounds, replacing motors,
running telephone and computer wiring and other electrical work required by
the District. This is to be performed by the Contractor on a time and material
basis.
C. All work shall be performed according to the standards of the electrical code as
adopted by the State of Georgia and to the complete satisfaction of the District.
The District will be responsible for any applicable fees associated with work
requiring a local permit or inspection. The Contractor shall be responsible for
advising the District when a permit or inspection is needed. The Contractor
shall schedule any needed inspections.
D. All work shall be scheduled at the convenience of the District as not to
interfere with instruction time.
E. Man hours under this contract shall be only for productive hours at the job site.
Time spent for transportation of workers, material acquisition, handling and
delivery, or for movement of Contractor owned or rental equipment is not
chargeable directly but is overhead and the cost shall be included in the hourly
rate bid for basic labor. The hourly rate charged for any work performed after
regular operation hours of 7:00 am to 3:00 pm Monday through Friday, on
Appendix A – Owner’s Criteria and Narrative Scope of Work Page 1 of 2
October 1, 2020
weekends or holidays shall not exceed 1.5 times the basic hourly labor rate for
the individual performing the service.
F. Contractor shall not subcontract any portion of the electrical work required
under this contract. All work must be performed by the Contractor’s work
forces.
G. All work shall be done in a safe manner and comply with all governing
regulations concerning safety. This shall include, but not limited to OSHA,
MOSHA, etc. Adequate barricades shall be erected and maintained around all
areas where equipment and materials are stored and used. All work being
performed for and/or on District property shall fully conform to all local, state
and federal safety regulations.
H. It shall be the responsibility of the Contractor performing services for this
contract to safeguard their own materials, tools, and equipment. The District
shall not assume any responsibility for vandalism and/or theft of materials, tools
and/or equipment.
I. The Contractor shall obtain the permission of a General Services
representative regarding any needed storage of materials and equipment.
Such storage shall be done in such a manner as not to interfere with the
schedule for that building. The District shall not accept responsibility for losses
of material or equipment regardless of approval to store in any of the District’s
facilities or grounds.
J. All work areas shall be kept in orderly condition, free of unnecessary material
and equipment. All debris will be picked up and hauled away by the Contractor.
No additional charge for hauling away debris shall be permitted under the
contract.
Upon notification each bidder must visit the job site with a representative from the Capital
Improvement Team, or the Maintenance/Facility Department. At this time, each
contractor will be informed of what the project is and what the problems are. It then will
be the contractor’s responsibility to develop a scope of work in writing of how the project
will be completed and a “not to exceed” cost for labor and equipment, using the cost that
was awarded. Also, all materials that will be required must be listed with the actual prices
paid plus a percentage markup not to exceed 15%.
Work Authorizations, if any, are to be issued at the sole discretion of the Owner. The
maximum amount of work covered by all Work Authorization Agreements entered into
pursuant to a contract as a result of this solicitation, shall not exceed $99,999.99 per
project and execution of a contract is not a guarantee of a minimum amount. No minimum
amount will be guaranteed.
Services shall be provided on a per project basis upon the issuance of a specific Work
Authorization which shall define the scope of the Services for the Project.
Appendix A – Owner’s Criteria and Narrative Scope of Work Page 2 of 2
October 1, 2020
APPENDIX B
STANDARD FORM OF CONTRACT
FOR SERVICES
(NON-STATE CAPITAL OUTLAY PROJECTS)
BETWEEN THE
DEKALB COUNTY SCHOOL DISTRICT
AND THE SERVICE CONTRACTOR
Service Contractor:
Project Name: Electrical Contractor Services
Address:
ITB No.: ITB 20-752-036
Description:
Cost Code:
DeKalb Standard Form of Contract for Services Non-Sate Capital Outlay Projects (Revised 6.30.2015)
CONTRACT FOR SERVICES
The contract for services, which includes this agreement and the below referenced
documents attached as Exhibits (the "Contract") is made and entered into by and between the
DeKalb County School District (the "Owner") and (the
"Service Contractor"). The term of this Contract begins on the date executed by the last party to
execute below (effective date).
The performance period for the Agreement is one (1) year from the effective date. In
addition to the base period of one (1) year, there are four (4) one-year optional renewal terms
(each a "Renewal Term") to be exercised at the sole discretion and approval of the DeKalb County
School District. Additionally, as required by O.C.G.A. § 20-2-506, this Contract shall terminate
absolutely and without further obligation on the part of DeKalb County School District at the close
of the calendar year in which it was executed and at the close of each succeeding calendar year
for which it may be renewed, but shall be automatically renewed for each subsequent calendar
year during the term unless DeKalb County School District terminates the agreement by providing
with thirty (30) days advance notice of termination prior to
the end of the calendar year, subject to the other termination methods available to the owner
herein.
The Contract Documents consist of:
a. This agreement (Contract for Services);
b. Invitation to Bid (ITB) No. 20-752-036 (Exhibit A);
c. The Service Contractor's Proposal to the above-numbered RFP, including
pricing, and any applicable Scope of Services and any applicable Payment and
Payment Terms Schedule attached except that objections or amendments by
a Service Contractor that have not been explicitly accepted by DeKalb County
School District in writing in this agreement shall not be included in the Contract
Documents or this agreement and shall be given no weight or consideration;
(Exhibit B);
d. Board Directive Signed by the Superintendent and dated
(Exhibit C); and
e. Notice of Award dated (Exhibit D).
This agreement together with the aforementioned documents collectively forms the Contract. All
prior and contemporaneous negotiations and agreements between the parties on the matters
contained in this Agreement are expressly merged into and superseded by this Agreement.
DeKalb County School District shall not be bound by any additional terms and conditions,
including but not limited to, terms and conditions related to any provided service or good,
limitations of the Service Contractor's liability or any other third party's liability, limitation of
warranties, packaging, invoices, service catalog, brochure, technical data sheet, electronic
disclosures, electronic agreements, or other document which attempts to impose any conditions
at variance with or in addition to the terms and conditions of this Contract.
Any inconsistency or conflict among the specific provisions of this agreement and the other
Contract Documents shall be resolved as follows:
a. First, by giving preference to the specific provisions of this agreement;
b. Second, by giving preference to the specific provisions of the RFP attached
hereto as Exhibit A;
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c. Third, by giving preference to the specific provisions of Service Contractor’s
Proposal, including pricing and any applicable Scope of Services and any
applicable Payment and Payment Terms Schedule attached hereto as Exhibit
B, except that objections or amendments by a Service Contractor that have
not been explicitly accepted by DeKalb County School District in writing in this
shall not be included in the Contract Documents or this agreement and shall
be given no weight or consideration.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Owner and the Service Contractor agree:
ARTICLE 1
PARTIES TO THE CONTRACT
The Owner’s address and its contact person are:
DeKalb County Board of Education
Sam A. Moss Service Center
1780 Montreal Road
Tucker, GA 30084
Attention: Noel Maloof, Deputy Chief Operations Officer
Phone: 678-676-1376
Fax: 678-676-1475
The Service Contractor’s address and its contact person are:
Attention:
Phone:
Fax:
ARTICLE 2
PROGRAM AND SCOPE OF SERVICES
2.1 The Service Contractor shall provide Services, as hereinafter particularly
described below, on the Program:
2.2 The Service Contractor represents to Owner that individuals that the Service
Contractor shall utilize to fulfill and complete this Contract possess expertise in the following
disciplines and possess the following accreditations or other credentials, if any:
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2.3 The Service Contractor shall provide the Owner the following Services with
respect to the Program:
2.4 As part of its Services, the Service Contractor shall produce for and/or deliver to
the Owner the following tangible products, goods or deliverables (ex.: reports, plans, financial
estimates, parts, equipment, etc.:
ARTICLE 3
SCHEDULE
3.1 Service Start Date: Date contract is executed by the last party
Incremental Service Date(s): _N/A
Final Service Date or Completion Date: Close of current calendar year and
each subsequent year that contract is renewed.
ARTICLE 4
COMPENSATION
4.1 Compensation under this Contract shall be pursuant to the terms specified in
Exhibit “B.”
ARTICLE 5
WORKING RELATIONSHIP
5.1 The Service Contractor will function in cooperation with the Owner’s designated
representative, which is set forth in Article 1 of this Contract. The Service Contractor will consult
with the Owner’s representative before finalizing recommendations or taking action at Program
milestones or other key decision points. The Service Contractor shall fully cooperate with the
Owner and, if applicable, the Owner’s representative or designee. Such cooperation shall include,
without limitation, providing any requested information to the Owner’s representative and
advising, meeting with, consulting with, and coordinating with the Owner’s representative.
5.2 The Owner shall have the right, at its sole discretion, to demand and require the
Service Contractor to remove any employee or subcontractor working for the Service Contractor
on the Program and to replace the employee or subcontractor without cost or liability to the Owner.
5.3 For purposes of safety and otherwise, the Service Contractor, at all times, shall
ensure its ability to thoroughly and clearly communicate, in any and all necessary languages, with
the Owner representative and with the Service Contractor’s employees, agents, representatives,
and subcontractors. The Service Contractor agrees to employ one or more supervisory-level
personnel capable of thoroughly and clearly communicating, in any and all necessary languages,
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with the Owner’s representative and with the Service Contractor’s employees, agents,
representatives, and subcontractors, and that such supervisory-level and language-capable
personnel shall be stationed at and assigned to the location(s) or site(s) where, and at all times
when, any and all work or services under this Contract shall be performed.
5.4 The Service Contractor shall ensure that any and all electronic devices,
computers, software, hardware, equipment and other similar and related items that are utilized by
the Service Contractor, or any entity or person under the Service Contractor’s supervision or
control, do not harm, or allow harm, to the Owner’s computers, systems, networks, and
technology. The Service Contractor shall take any and all measures possible to protect the
Owner’s computers, systems, networks, and technology from viruses and other malicious codes.
ARTICLE 6
INVOICING AND CONTRACT PRICE
6.1 All invoices shall be as set forth in Exhibit “B.”
6.2 Contract Price. The Owner shall pay, and the Contractor shall accept, as full and
complete payment for the Contractor's timely performance of its obligations hereunder the Unit
Pricing identified in Exhibit B in this contract . The price set forth in this Paragraph 6.2 shall
constitute the Contract Price, which shall not be modified except where evidence acceptable to
DCSD of changed market conditions and indices is produced. Any such proposed price
escalation /de-escalation must be presented in writing with substantiating proof to DCSD a
minimum of ninety (90) days prior to the expiration date each subsequent year that contract is
renewed.
a. Electrical Contractor Services will be requested on an as needed basis as per the
unit prices provided in Attachment I included in Exhibit B of this Contract.
ARTICLE 7
CANCELLATION OR TERMINATION BY OWNER
7.1 The Owner reserves the right to cancel or terminate this Contract with notice in
writing to the Service Contractor. In the event of cancellation or termination, the Owner shall pay
to the Service Contractor all compensation earned for actual services rendered.
7.2 Within three (3) business days of such cancellation or termination, the Service
Contractor shall (i) comply with the requirements of all of the items identified in Paragraphs 10.1,
10.2, and 10.3, below. Under no circumstances shall the Service Contractor assert any lien or
other claim over or relating to any such documents, material, data and information.
7.3 The Owner may, without cause, order the Service Contractor in writing to
suspend, delay or interrupt the work or services covered by this Contract, in whole or in part, for
such period of time as the Owner may determine.
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ARTICLE 8
INDEPENDENT CONTRACTOR
8.1 The Service Contractor and its employees shall perform as an independent
contractor and not an employee or representative of the Owner. The Service Contractor retains
sole and exclusive liability for all contributions, taxes or payments required to be made on account
of the Service Contractor’s employees under federal or state income tax laws, unemployment and
workers’ compensation acts, social security acts, and all other legislation requiring employer
contributions or withholdings.
8.2 The Service Contractor shall maintain strict discipline among all personnel
employed at any Program site, and no person under the influence of drugs or alcohol shall be
allowed on the property of the Owner, nor shall any person employed on any Program site have
in his or her possession any drugs, alcohol or firearms. Unprofessional conduct, including but not
limited to horseplay, wrestling, and fighting, shall not be permitted or allowed. No employee,
subcontractor or representative of the Service Contractor shall use any tobacco product while at
any Program site, on any property owned by Owner or at any function or event sponsored by or
held on behalf of Owner.
ARTICLE 9
DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR
9.1 Generally. In addition to any and all other duties, obligations and responsibilities
of the Contractor set forth in this Contract, the Contractor shall have and perform the following
duties, obligations and responsibilities to the Owner:
9.1.1 A criminal background check must be performed on all contractors,
consultants, subcontractors, volunteers and vendors (hereinafter jointly referred to as
"Individuals") who provide services on DCSD premises, supervise services on DCSD premises,
or has contact with students. These Individuals shall undergo the same criminal background
check, within the last 365 days, as required by DCSD employees. Such background checks will
be performed by DCSD at the expense of the Individual at a cost of $45.00 per individual.
Additionally, any charges against the Individual, may be deemed unacceptable in DCSD’s sole
discretion regardless of whether dismissed, expunged, sealed, removed from the record, treated
as a “first offender” or dead docketed. Upon receipt and evaluation of DCSD’s background check
results, DCSD may demand that the Individual have no contact with DCSD students or parents,
or provide services to DCSD premises. Any failure of the contractor to obtain a criminal records
background check through DCSD, as stated herein, may result in termination of any resulting
contract between contractor and DCSD.
ARTICLE 10
RESPONSIBILITY FOR SERVICES
10.1 In the performance of this Contract, the Service Contractor warrants that it shall
consistently render its best efforts and shall exercise that degree of skill and care which others
would exercise in like circumstances and that its Services will be performed without errors or
omissions.
10.2 If Services performed by the Service Contractor fail to meet the standards set
forth in Paragraph 10.1, the Owner may elect to have the Service Contractor re-perform, or cause
to be re-performed, at no cost to the Owner any of the Services which fail to meet said standards
4
where: (i) such failure appears during the performance of the Service Contractor’s Services or
within one year from the date of completion of the Service Contractor’s Services, and (ii) the Owner
notifies Service Contractor of any such failure within sixty (60) days of the time that the failure
becomes apparent. This Paragraph 10.2 shall not be interpreted to limit the right of the Owner to
pursue and obtain any and all other remedies against the Service Contractor at law or in equity.
10.3 Service Contractor warranties that any goods to be produced to or delivered to
Owner during the course and scope of work for this Program will be of merchantable quality, free
from defects in materials and workmanship.
10.4 The Owner acknowledges that the Service Contractor shall be entitled to rely on
the accuracy and currency of information supplied by the Owner or by any of the Owner’s
contractors or consultants, or available from generally accepted reputable sources.
10.5 OWNER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED.
ARTICLE 11
OWNERSHIP OF WORK PRODUCT
11.1 Any reports, recommendations, estimates, specifications, drawings, technical
data, sketches, computer software, and all other information developed, created, procured or
requested by the Service Contractor in connection with its performance under this Contract (the
“Information”) shall be the property of the Owner. In entering into this Contract, the Service
Contractor hereby transfers to the Owner all right, title, and interest, including the copyright, in
and to the Information.
11.2 Any reports, recommendations, estimates, specification, drawings, technical
data, sketches, computer software, and all other information developed by equipment vendors or
other third parties that relate to the Program shall be the property of the Owner. This provision
shall not act to transfer rights of owners of standard software or specification packages for which
copyright is retained by the developer.
11.3 All original technical data, evaluations, reports and other work product of the
Service Contractor shall be delivered to the Owner upon the completion, cancellation or
termination of Services under this Contract within three (3) business days of such completion,
cancellation or termination. The Service Contractor may retain one (1) copy of all documents
produced by the Contractor for its permanent file.
ARTICLE 12
ACCOUNTING AND RECORDS
12.1 The Service Contractor shall maintain a system of accounting and record keeping
for all Services. Further, the Service Contractor will allow the Owner’s inspection of necessary
supporting receipts and documentation for audit purposes for a period of six (6) years after
completion of Services provided under this Contract.
ARTICLE 13
COMPLIANCE WITH LAWS
13.1 The Service Contractor shall comply with all federal, state and local laws,
regulations, ordinances, and DeKalb County Board of Education policies that are in any way
applicable to the performance of its Services under this Contract including but not limited to laws
5
governing health, safety, the protection or preservation of the environment, and occupational
licensing. DCSD policies are available via the following link:
https://simbli.eboardsolutions.com/SB_ePolicy/SB_PolicyOverview.aspx?S=4054
ARTICLE 14
EQUAL EMPLOYMENT OPPORTUNITY
14.1 The Service Contractor will not discriminate against any worker, employee or
applicant for employment because of race, color, religion, sex, national origin, age, citizenship
status, veteran status, sexual orientation or handicap. The Service Contractor will take affirmative
action to ensure that applicants are employed, and that workers are treated during employment,
without regard to their race, color, religion, sex, national origin, age, citizenship status, veteran
status, sexual orientation or handicap. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
ARTICLE 15
CONTINGENCY FEES
15.1 The Service Contractor represents that it has not employed and shall not employ
any person other than its own principals and employees to solicit this Contract or any contract
with the Owner, and that it has not and shall not pay any person other than its own principals and
employees any fee, commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of this Contract or any other contract with the Owner.
ARTICLE 16
SUBCONTRACTORS
16.1 Service Contractor shall manage all work and Services performed under this
Contract. Upon the Owner’s prior written consent, the Service Contractor may subcontract all or
part of the Services to be provided. In such event, the rights and obligations of the Service
Contractor and the Owner will not be diminished.
16.2 All of the Service Contractor’s Subcontractors shall be directly responsible to
Service Contractor and shall be under the Service Contractor’s direct supervision. The Service
Contractor shall be as fully responsible and accountable to the Owner for the acts and omissions
of its Subcontractors and of persons either directly or indirectly employed by Subcontractors in
the performance of Services under this Contract as the Service Contractor is for the acts and
omissions of persons it directly employs. Other than the Owner being a third-party beneficiary to
any agreement between the Service Contractor and its Subcontractors, no other contractual
relationship between Owner and any subcontractor is created by any provision contained in this
Contract.
16.3 If the Service Contractor utilizes Subcontractor(s) with respect to this Contract,
then the Service Contractor will require Subcontractor(s) to comply with all terms and conditions
of this Contract including, but not limited to the insurance requirements. The Contractor shall
require all Subcontractors to supply a certificate of insurance as required herein before the
Subcontractor commences any work.
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ARTICLE 17
SUCCESSORS AND ASSIGNS
The Service Contractor shall not assign its rights hereunder, excepting its right to payment,
nor shall it delegate any of its duties hereunder without the written consent of the Owner. Subject
to the provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns and
legal representatives of such other party.
ARTICLE 18
INSURANCE
18.1 The Service Contractor and all Subcontractors shall maintain insurance in the
types and coverage amounts shown below, which insurance shall provide coverage for Service
Contractor during the term of this Contract. On the date the Service Contractor signs this
Contract, the Service Contractor shall provide the Owner with (i) an endorsement from the insurer
naming the DeKalb County School District and The DeKalb County Board of Education as an
additional insured under the liability policies and (ii) certificate(s) verifying that these insurance
coverages and limits are in force. Additional certificates of insurance shall be provided whenever
individual policies are renewed (or replaced) on their anniversary date and at such other times as
the Owner requests.
18.2 The insurance requirements of this Contract are:
Type of Insurance Coverage Limits
Workers Compensation $1,000,000
Employer’s Liability $1,000,000 annual aggregate
Comprehensive General Liability $2,000,000 annual aggregate
Including Contractual Liability, $1,000,000 per occurrence
Bodily Injury and Property Damage
Comprehensive Auto Liability $2,000,000 annual aggregate
Bodily Injury and Property Damage $1,000,000 per occurrence
Covering Owned, Hired and Non-Owned Autos
18.3 The Service Contractor waives all rights, including rights of subrogation, against
the Owner and its respective directors, officers, partners, Board Members, officials, agents,
insurers, subcontractors, consultants and employees for damages covered by any type of
insurance during and after the completion of the Work.
ARTICLE 19
TERMINATION FOR CAUSE
19.1 Either party hereto may terminate this Contract upon giving seven (7) days written
notice to the other party in the event that such other party substantially fails to perform its material
obligations set forth herein.
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ARTICLE 20
INDEMNIFICATION
20.1 The Service Contractor agrees to hold harmless and indemnify the Owner, its
Board, officers, employees and representatives from and against any and all liability, claims,
actions, causes of action, losses, damages, demands, suits, judgments, costs and expenses
arising out of bodily injury (including death) to persons, damage to property, including, but not
limited to, any and all costs, expenses, legal fees and liabilities, incurred in and about
investigation, defense or prosecution thereof, to the extent caused in whole or in part by a
negligent act, error or omission of the Service Contractor or any subcontractor(s), or as a result of
defective Services under this Contract.
ARTICLE 21
CONTRACT ADMINISTRATION
21.1 The Owner and the Service Contractor have each appointed certain individuals
whose names and phone numbers appear in Article 1 to be their respective representatives in the
administration and performance of this Contract. The Owner’s representative shall have no power
or authority to change this Contract or to execute or agree to any change orders. The Owner may
change its representative or declare a designee by written notice to the Service Contractor.
21.2 To be binding against the Owner, and as a condition precedent thereto, any
addition, deletion or modification to the terms of this Contract must be in writing and signed by
the Owner. The Service Contractor acknowledges that the Owner does not, and will not be
deemed to, waive this condition precedent under any circumstances.
21.3 Failure of the Owner or the Service Contractor to insist in any one or more
instances on performance of any of the terms and conditions of this Contract, or to exercise any
right or privilege contained in this Contract, or the waiver of any breach of the terms and conditions
of this Contract, shall not be considered as creating or constituting a waiver of any such terms,
conditions, rights or privileges, and the same shall continue and remain in force and effect.
21.4 The Service Contractor and the Owner will adhere to all applicable health and
safety laws, rules and regulations including Occupational Safety and Health Administration’s
(“OSHA”) Rules and Regulations effective at the time the work was performed.
21.5 This Contract shall be governed by the laws of the State of Georgia.
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ARTICLE 22
FORCE MAJEURE
22.1 The Service Contractor will not be responsible or liable in any way for delay or
failure to perform its obligations under this Contract during any period which performance is
prevented or hindered by conditions reasonably beyond its control, acts of God, fire, flood, and
other unusually adverse weather conditions, war, embargo, explosions, riots, laws, rules,
regulations and order of any governmental authority.
ARTICLE 23
CAPTIONS
23.1 The headings in this Contract are for the convenience of the parties hereto and
shall in no way affect the construction or interpretation of this Contract or any part hereof.
ARTICLE 24
ENTIRE AGREEMENT
24.1 This Contract constitutes the entire and exclusive agreement between the parties
with reference to the Program and supersedes any and all prior communications, discussions,
negotiations, understandings, or agreements. This Contract may be amended only by a writing
signed by both the Owner and the Service Contractor.
ARTICLE 25
MISCELLANEOUS
25.1 Unless otherwise expressly provided to the contrary in this Contract, the term”
day” shall mean calendar day.
25.2 Any claim, dispute or other matter in question arising out of or related to this
Contract shall be subject to mediation as a condition precedent to the institution of legal or
equitable proceedings by either party. If such matter relates to or is the subject of a lien arising
out of the Service Contractor’s services, the Service Contractor may proceed in accordance with
applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by
mediation. The Owner and Service Contractor shall endeavor to resolve claims, disputes and
other matters in question between them by mediation which, unless the parties mutually agree
otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American
Arbitration Association currently in effect. Request for mediation shall be filed in writing with the
other party to this Contract and with the American Arbitration Association. The request may be
made concurrently with the filing of a civil action but, in such event, mediation shall proceed in
advance of legal or equitable proceedings, which may be stayed pending mediation for a period
of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or
a court order. The parties shall share the mediator’s fee and any filing fees equally. The
mediation shall be held in the place where the Program is located, unless another location is
mutually agreed upon. Subject to the express approval of the DeKalb County Board of Education,
agreements reached in mediation shall be enforceable as settlement agreements in any court
having jurisdiction thereof.
25.3 The exclusive venue for any civil action arising out of or related to this
Agreement shall be in the federal, superior, or state courts of DeKalb County, Georgia.
9
IN WITNESS WHEREOF, the Owner and the Service Contractor, intending to be legally bound
and each acting through persons duly authorized, have placed their signatures on duplicate
original copies of this Contract.
OWNER: SERVICE CONTRACTOR:
DEKALB COUNTY BOARD OF EDUCATION
Typed Name]
By: By:
[Signature] [Signature] [SEAL]
Mr. Marshall Orson, Chairman
[Printed Name, Title] [Printed Name]
By:
[Signature] [Printed Title]
Mrs. Cheryl Watson-Harris
[Printed Name]
Superintendent
[Printed Title] [Printed Address]
1701 Mountain Industrial Blvd
Stone Mountain, GA 30083
[Printed Address]
__________________________________ __________________________________
[Date of Execution] [Date of Execution]
Noel Maloof, Deputy Chief Operations Officer
10
EXHIBIT “A”
11
EXHIBIT “B”
12
EXHIBIT “C”
13
EXHIBIT “D”
14
EXHIBIT “E”
CONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned Contractor verifies its compliance with
O.C.G.A. 13-10-91, and attests under oath that:
(1) the individual, firm, or corporation (“Contractor”) which is contracting with the
DeKalb County Board of Education has registered with, is authorized to use, uses, and will continue
throughout the contract term to use and participate in, a federal work authorization program [any
of the electronic verification of work authorization programs operated by the United States
Department of Homeland Security or any equivalent federal work authorization program operated
by the United States Department of Homeland Security to verify information of newly hired
employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603],
in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-
10-91, as amended. As of the effective date of O.C.G.A. 13-10-91, the applicable federal work
authorization program is the “EEV/Basic Pilot Program” operated by the U. S. Citizenship
and Immigration Services Bureau of the U.S. Department of Homeland Security, in
conjunction with the Social Security Administration (SSA).
(2) Contractor’s correct user identification number and date of authorization is set
forth herein below.
(3) Contractor agrees that the Contractor will not employ or contract with any
subcontractor(s) in connection with the physical performance of services pursuant to this
contract with the DeKalb County Board of Education, unless at the time of the contract said
subcontractor:
(a) is registered with and participates in the federal work authorization
program;
(b) provides Contractor with a duly executed, notarized affidavit with the
same affirmations, agreements, and information as contained herein and in
such form as required under applicable law; and
(c) agrees to provide Contractor with notice of receipt and a copy of every sub-
subcontractor Affidavit or other applicable verification procured by subcontractor
at the time of contract with the sub-subcontractor(s) within five (5) business days
after receiving the said Affidavit or verification.
Contractor agrees to maintain records of such compliance and to provide notice of receipt and
a copy of each such subcontractor Affidavit or other permissible verification to the DeKalb County
Board of Education at the time the subcontractor(s) is retained to perform such service or within
five (5) days after receiving the said Affidavit or verification, whichever first occurs.
15
(4) Contractor further agrees to and shall provide DeKalb County Board of Education
with copies of all other affidavits or other applicable verification received by Contractor (i.e.: sub-
subcontractor affidavits and all other lower tiered affidavits) within five (5) days of receipt.
__________________________________________ _______________________________
EEV/Basic Pilot Program User Identification Number Date of Authorization
If an applicable Federal work authorization program as described above is used, other than the
EV/Basic Pilot Program,please identify the program.
Company Name / Contractor Name Date
BY: Signature of Authorized Officer or Agent Date
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
______ DAY OF_____________________, 20____
Notary Public
My Commission Expires:
16
EXHIBIT “F”
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its
compliance with O.C.G.A. 13-10-91, and attests under oath that:
(1) the undersigned individual, firm or corporation (“Subcontractor”) is engaged in
the physical performance of services under a contract with
_________________________________ (name of Contractor), which has a contract with the
DeKalb County Board of Education.
(2) Subcontractor has registered with, is authorized to use, uses, and will continue
throughout the contract term to use and participate in, a federal work authorization program [any
of the electronic verification of work authorization programs operated by the United States
Department of Homeland Security or any equivalent federal work authorization program operated
by the United States Department of Homeland Security to verify information of newly hired
employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603],
in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-
91. As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization
program is the “EEV/Basic Pilot Program” operated by the U. S. Citizenship and Immigration
Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social
Security Administration (SSA).
(3) Subcontractor’s correct user identification number and date of authorization is set
forth herein below.
(4) Subcontractor agrees that the Subcontractor will not employ or contract with any sub-
subcontractor(s) in connection with the physical performance of services pursuant to this
subcontract or the contract with the DeKalb County Board of Education, unless said sub-
subcontractor:
(a) is registered with and participates in the federal work authorization
program;
(b) provides Subcontractor with a duly executed, notarized affidavit
with the same affirmations, agreements, and information as contained herein
and in such form as required under applicable law; and
(c) agrees to provide Subcontractor with notice of receipt and a copy of
every sub-subcontractor Affidavit or other permissible verification procured by
sub-subcontractor at the time the sub-subcontractor(s) is retained to perform such
service or within five (5) days after receiving the said Affidavit or verification,
whichever first occurs.
17
Subcontractor agrees to maintain records of such compliance and to provide notice of receipt
and a copy of each such sub-subcontractor Affidavit or other applicable verification to the
Contractor at the time the sub-subcontractor(s) is retained to perform such service or within five
(5) days after receiving the said Affidavit or verification, whichever first occurs.
EEV/Basic Pilot Program User Identification Number Date of Authorization
If an applicable Federal work authorization program as described above is used, other than the
EEV/Basic Pilot Program, please identify the program.
BY: Authorized Officer or Agent Date
_________________________________________
(Subcontractor Name)
Title of Authorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF _____________________, 20____
Notary Public
My Commission Expires:
18
EXHIBIT “G”
AFFIDAVIT OF EXEMPTION
(Under O.C.G.A. § 13-10-91(b)(1))
The undersigned, in connection with a proposed contract or subcontract with the DeKalb County
School District for the physical performance of service in the State of Georgia (the “Contract”),
hereby affirms and certifies under penalties of perjury that:
(a) I am exempt under Title 26 or Title 43
(b) If at any time hereafter I determine that I no longer qualify as exempt under Title 26 or Title
43, then I will:
(i.) immediately notify the School District in writing; and
(ii.) register with, participate in and use, a federal work authorization program operated
by the United States Department of Homeland Security or any equivalent federal
work authorization program operated by the United States Department of Homeland
Security to verify information of newly hired employees, pursuant to the Immigration
Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the
applicability provisions and deadlines established in O.C.G.A. 13-10-91, as
amended; and
(iii.) Provide the School District with all affidavits required by O.C.G.A. § 13-10-90 et seq.
and Georgia Department of Labor Rule 300-10-1-.02, 300-10-1-.03, 300-10-1-.07
and 300-10-1-.08.
____________________________/
Signature Printed Name Title
By signing above, you are certifying that the representations made herein are true and correct.
Firm Name:
_________________________________________________________________________________
Street/Mailing Address:
City, State, Zip Code:
Telephone Number: / email: ________________________________
Sworn to and subscribed before me this ________ day of , 20
Notary Public
My Commission Expires:
END
19
APPENDIX C: SUBCONTRACTOR’S AFFIDAVIT OF NONCOLLUSION
STATE OF ______________________
COUNTY OF ____________________
COMES NOW, __________________________________________________ (“Subcontractor”),
[name of Subcontractor]
appearing by and through __________________________________ , it’s _________________________
[insert name of individual with [title]
authority to bind Subcontractor]
(averring both individually and in his or her representative capacity on behalf of Subcontractor), having
submitted a bid or proposal to one or more offerors in respect of the DeKalb County Board of Education
ITB No. 20-752-036 Electrical Contractor Services
and after first being duly sworn, deposes and says that:
1. He, she or it, as applicable, has not directly or indirectly violated subsection (d) of the Official
Code of Georgia Annotated Section 36-91-21, which subsection provides as follows:
(d) Whenever a public works construction contract for any governmental entity subject
to the requirements of this chapter is to be let out by competitive sealed bid or proposal, no person,
by himself or herself or otherwise, shall prevent or attempt to prevent competition in such bidding
or proposals by any means whatever. No person who desires to procure such work for himself or
herself or for another shall prevent or endeavor to prevent anyone from making a bid or proposal
therefor by any means whatever, nor shall such person so desiring the work cause or induce
another to withdraw a bid or proposal for the work.
Further, the affiants sayeth not.
This _______ day of _______________, 2____
_____________________________________
[insert name of Subcontractor]
and ___________________________________________
[insert name of individual named above]
By: ___________________________________, both individually and on behalf of Subcontractor as its
[signature]
_________________________________
[insert title]
Sworn to and subscribed before me this ___ day of _______________, 2_____.
Notary Public: _____________________ My commission expires: __/__/__.
(SEAL)