Agenda Item
v. Contract ~ Cooperative Agreement ~ OMNIA/Daikin ~ Martin Luther King Jr. High School ~ Variant Refrigerant Volume Unit (Not to exceed $2,000,000) ~ Updated 3.6.2025
Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County School Board of Education (“the Board”) approve the below items in an amount not to exceed $2,000,000:
Use of the OMNIA/Daikin Partners Contract #R200401 to replace the Variable Refrigerant Volume (VRV) units one-for-one with VRV from Daikin at MLK Jr. HS.
Approval of MAXAIR Mechanical, HVAC Contractor (RFP 24-567- HVAC Repair and Installation Services) for the VRV unit installation.
Why: The failing VRV system at MLK Jr. HS is unable to effectively meet the school’s heating, ventilation, and air conditioning (HVAC) needs. Approval of the use of the OMNIA/Daikin contract to replace the failing units will ensure the facility operates at optimal standards and maintains the comfort, health, and productivity of students, staff, and faculty.
The approval of the use of this Cooperative agreement meets Strategic Goal Area 6: Organizational Excellence
Details: The Variable Refrigerant Volume (VRV) system at Martin Luther King Jr. High School has reached a state of complete failure; extensive efforts have been made to maintain the system since its installation. Due to the state of failure, it has been necessary to use temporary spot coolers to provide conditioned air for the school.
Use of the OMNIA/Daikin Cooperative contract will procure the necessary equipment to address this critical issue, and a contracted HVAC vendor will be engaged to manage the installation. This strategic approach ensures a timely and effective resolution to restore reliable climate control at the facility.
Financial impact: The total budget for this project will be allocated from the cost code (100.2600.543000.00011.7520.9990.8013.040.0000) under the Facilities Deferred Maintenance Budget in an amount not to exceed $2,000,000.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678-676-1376
Mr. Bobby Moncrief, Director of Facilities, Division of Operations, 678-676-1478
Effective: Upon Board Approval
Status: Approved by the Office of Legal Affairs
814 Livingston Court Phone: (770)956-1200
Marietta, GA 30067 www.maxairmech.com
GA REG CN210671
PROJECT AGREEMENT
DCS MLK HS Install VRV system- Supplied by customer
12/31/2024
Rhonda L. Disharoon Martinez
Maxair Mechanical
Phone: (404) 731-8129
rdisharoon@maxairmech.com
PROJECT PROPOSAL
Dekalb County Schools
3991 Snapfinger Rd
Lithonia, GA 30038
Scope of Work - DCS MLK HS Install VRV system- Supplied by customer
Proposal Inclusions:
Customer requested quote to install VRV and will supply the VRV unit.
-Power unit off and unwire VRV from unit and motor.
-Remove and dispose of existing VRV.
-Furnish and install new VRV.
-Rewire blower motor and unit to new VRV.
-Verify proper alignment to decrease wear and tear.
-Start up and verify VRV, motor and unit operations are normal.
Assumptions
-Scope excludes anything not explicitly detailed in this quote.
-Only programming listed is included. No graphics or other programming updates included.
-All labor to be performed during normal business hours (8am-5pm).
-Price includes delivery of parts to repair location and crane to lift parts/material.
-Price excludes credit card processing fees. Processing fees will be passed back to the buyer.
*Price Breakdown:*
Labor: 2880 hours ST @ $108.00 = $311,040.00
Crane/lift/insulation/TAB/Misc/Materials with markup : $675,870.00
Proposal Number | 203900 2 | Page
Agreement Authorization
This agreement describes the rights and obligations of Maxair Mechanical and Dekalb County
Schools and constitutes the entire agreement between the parties and shall not be altered except in
writing. This Agreement sets forth all of the terms and conditions binding upon the parties hereto; and
no person has the authority to make any claim, representation, promise or condition on behalf of
Maxair Mechanical which is not expressed herein.
This proposal is the proprietary property of Maxair Mechanical and is provided for Dekalb County
Schools use only. Maxair Mechanical guarantees the price stated in this Agreement for thirty (30) days
from the proposal date above.
The price for the Project Proposal scope of work is: $986,910.00
The payment terms include 30% upon authorization of this agreement and subsequently agreed upon
progress billing schedule. Upon completion and acceptance by Dekalb County Schools of the work,
the balance is due within thirty (30) days of receipt of the final invoice.
Thank you again for the opportunity to earn your business.
Offered By: Accepted By:
Maxair Mechanical
Accepted By: Accepted By:
Name: Rhonda L. Disharoon Martinez Name:
Title: Account Manager Title:
Date: Date:
Signature Signature
Proposal Number | 203900 3 | Page
Terms and Conditions
10. To the fullest extent permitted by law, Client shall indemnify and
1. Company warrants that the workmanship hereunder shall be
hold harmless Company, its agents and employees from and
free from defects for three-hundred sixty-five (365) Days from
against all claims, damages, losses and expenses, including but
date of installation in addition to any manufacture ’s warranties.
not limited to attorneys' fees, arising out of or resulting from the
If any replacement part or item of equipment proves defective ,
performance of work hereunder, provided that such claim ,
Company will extend to Client the benefits of any warranty
damage, loss or expense is caused in whole or in part by any
Company has received from the manufacturer. Removal and
active or passive act or omission of Client, anyone directly or
reinstallation of any equipment or materials repaired or
indirectly employed by Client, or anyone for whose acts Client
replaced under a manufacturer's warranty will be at Client's
may be liable, regardless of whether it is caused in part by the
expense and at the rates then in effect. Company warrants the
negligence of Company.
title to the materials and equipment furnished to the Client
pursuant to this Agreement.
11. Client shall make available to Company's personnel all pertinent
Material Safety Data Sheets (MSDS) pursuant to OSHA'S
2. Client shall permit Company free and timely access to areas
Hazard Communication Standard Regulations.
and equipment and allow Company to start and stop the
equipment as necessary to perform required services. All
12. Company's obligation under this agreement and any subsequent
planned work under this Agreement will be performed during
contract does not include the identification, abatement or
Company's normal working hours.
removal of asbestos or any other toxic or hazardous substances ,
hazardous wastes or hazardous materials, or any fungus (es) or
3. Client will promptly pay invoices within thirty (30) days of
spore(s); substance, vapor or gas produced by or arising out of
receipt. Should a payment become thirty (30) days or more
any fungus(es) or spore(s); or any material, product, building
delinquent, Company may stop all work under this Agreement
component or structure that contains, harbors, nurtures or acts as
without notice and/or cancel this Agreement, and the entire
a medium for any fungus(es) or spore(s). In the event such
Agreement amount shall become due and payable immediately
substances, wastes and materials are encountered, Company's
upon demand. Furthermore, Client shall purchase and maintain
sole obligation will be to notify the Owner of their existence .
insurance covering all interests of the Company in the work ,
Company shall have the right thereafter to suspend its work until
naming the Company as a loss payee and entitling the
such substances, wastes or materials and the resultant hazards
Company to receive payment including the total unpaid
are removed. The time for completion of the work shall be
balance of the Agreement Price in the event of loss or damage
extended to the extent caused by the suspension and the contract
including, but not limited to, loss or damage caused by fire ,
price equitably adjusted. Company expressly disclaims any and
theft, vandalism or other perils. Client shall bear all costs of
all responsibility and liability for the indoor air quality of the
such insurance including, but not limited to, premiums,
Client's facility, including without limitation, injury or illness to
administrative expenses, and deductibles.
occupants of the facility or third parties, or any damage to the
Client's facility, arising out of or in connection with the
4. Client shall be responsible for all taxes applicable to the
Company's work under this agreement, including without
services and/or materials hereunder.
limitation any illness, injury or damage resulting in any manner
from any fungus(es) or spore(s), any substance, vapor or gas
5. Invoices paid by credit card will be subjected to a surcharge of
produced by or arising out of any fungus (es) or spore(s), or any
3%.
material, product, building component or structure that contains,
harbors, nurtures or acts as a medium for any fungus(es) or
6. Any alteration to, or deviation from, this Agreement involving
spore(s).
extra work, cost of material or labor will become an extra
charge (fixed-price amount to be negotiated or on a
13. Client shall bear the risk of loss, destruction, or damage to all
time-and-material basis at Company's rates then in effect) over
materials and equipment upon arrival of such materials and
the sum stated in this Agreement.
equipment at the Client's premises. Client shall also bear the risk
of any loss, destruction, or damage to the work performed by the
7. In the event Company must commence legal action in order to
Company.
recover any amount payable under this Agreement, Client shall
pay Company all court costs and attorneys' fees incurred by
14. Acceptance of this proposal acknowledges that the work site
Company.
and access to it are deemed to be safe. If additional measures
are required to maintain OSHA compliance, those expenses will
8. Any legal action relating to this agreement, or the breach
be considered reimbursable.
thereof, shall be commenced within one (1) year from the date
of the work.
15. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY
9. Company shall not be liable for any delay, loss, damage or
OR OTHERWISE, WILL COMPANY BE RESPONSIBLE
detention caused by the unavailability of machinery ,
FOR LOSS OF USE, LOSS OF PROFIT, INCREASED
equipment or materials, delay of carriers, strikes, including
OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF
those by Company's employees, lockouts, civil or military
CLIENT'S TENANTS OR CLIENTS, OR ANY SPECIAL
authority, priority regulations, insurrection or riot, action of the
INDIRECT OR CONSEQUENTIAL DAMAGES.
elements, forces of nature, or by any cause beyond its control.
Disclaimer and Limitaton of Liability:
Design and as-built drawings prepared by Company and proposal informaton including scope of work/specifcatons, as defned by Company, are intended for the
exclusive use of Company. If these drawings, proposal informaton, and specifcatons are used by any person or business entty other than Company, Company disclaims
all warrantes on the use of this informaton, either express or implied or otherwise, including but not limited to implied warrantes of merchantability, ftness for a
partcular use, and non-infringement. Under no circumstances, will Company be liable to any person or business entty for any direct, indirect, special, incidental,
consequental, punitve, or other damages based on the use of this informaton, including, without limitaton, any lost profts, or business interrupton. This is a
comprehensive limitaton of liability that applies to all losses and damages of any kind. If you are dissatsfed with the informaton, your sole and exclusive remedy is to
discontnue using the informaton.
Proposal Number | 203900 4 | Page