Revised_RFP 24-564 HVAC Repair and Installation Services _final (1)

AID 1958136 · View on Simbli

Agenda Item

i. Contract Renewal ~ RFP 24-564 HVAC Repair and Installation Services ~ 5 Seasons Mechanical, ARS Mechanical LLC, HVAC Allies LLC, Mann Mechanical Company, Inc., MAXAIR Mechanical, Mechanical Services, Inc., Smith Mechanical Heating & Air, and Trane U.S. Inc. ~ Contract Renewal ~ 2 of 4 (Not to Exceed $8,000,000)

Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County Board of Education approve contract renewal (2 of 4) for RFP 24-564 HVAC Repair and Installation Services in the amount not to exceed $8,000,000 to the list below:


5 Seasons Mechanical
ARS Mechanical LLC
HVAC Allies LLC
Mann Mechanical Company, Inc.
MAXAIR Mechanical
Mechanical Services, Inc.
Smith Mechanical Heating & Air
Trane U.S. Inc.
Why: This request is for contract renewal to provide HVAC Repair and Installation Services required throughout DeKalb County School District (“DCSD”) on an as-needed basis. It ensures continuity of essential HVAC repair and installation services required to maintain safe, functional, and climate-controlled learning and working environments across DCSD facilities. This approval establishes a pool of qualified contractors that enables timely response to HVAC failures, addresses preventative maintenance and repair needs for various remodeling, renovations, life safety requirements, and capital improvement projects, while maintaining competitive pricing and operational efficiency.
This request renews the contract for an additional year to the above-captioned vendors from May 24, 2026-May 23, 2027.
Details: On February 12, 2024, the Board approved 5 Seasons Mechanical, ARS Mechanical LLC, HVAC Allies LLC, Mann Mechanical Company, Inc., MAXAIR Mechanical, Mechanical Services, Inc., Smith Mechanical Heating & Air, and Trane U.S. Inc. as the most responsive and responsible offerors to provide district-wide HVAC Repair and Installation Services. This recommendation is for (2 of 4) contract renewal options and renews the contract for an additional year to the above-captioned vendors from May 24, 2026-May 23, 2027.
Financial impact: The total contract amount for these services in the amount not to exceed $8,000,000 will be allocated from the General Fund Budget, Repair & Maintenance Service (100.2600.543000.00011.7520.9990.8013.040.0000)
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1447
Mr. Keith Ball, Executive Director of Facilities & Capital Improvement, Division of Operations, 678.676.1478
Effective: Upon Board Approval
Status: Approved by the Office of Legal Affairs
                     5

                                                 Vendor Services Department
                                                           Procurement
                                                  1701 Mountain Industrial Boulevard
                                                   Stone Mountain, Georgia 30083


                          REQUEST FOR PROPOSAL (RFP) 24-564
                           HVAC Repair and Installation Services
                                        Schedule of Events
EVENT                        DATE(S)               TIME       LOCATION


Solicitation Posts           September 21, 2023               https://dekalbschoolsga.ionwave.net


IonWave Demo Virtual
Session- (Optional)          October 5, 2023       11:00 AM   Via Microsoft Teams (registration required)



Mandatory Site Visit
(if applicable)
                             N/A                   N/A         N/A


Mandatory Pre-Proposal
Conference
                             October 5, 2023       11:00 AM   Via Microsoft Teams (registration required)


Deadline to Submit
Questions (Q&A)
                             October 9, 2023       12:00 PM   solicitationquestions@dekalbschoolsga.org



 Q&A Deadline Responses       October 20, 2023      4:30 PM          https://dekalbschoolsga.ionwave.net


    Submission Deadline       October 31, 2023      2:00 PM          https://dekalbschoolsga.ionwave.net


       Virtual Public
     Acknowledgement
                              October 31, 2023      3:00 PM    Via Microsoft Teams (Registration required)




   SUBMISSIONS MUST BE RECEIVED ELECTRONICALLY VIA https://dekalbschoolsga.ionwave.net
                      DeKalb County School District Solicitation Contact Person:
                            Carla L. Smith, Vendor Services Executive Director
              (678) 676- 0120 and/or email at solicitationquestions@dekalbschoolsga.org
RFP 24-564                HVAC REPAIR AND INSTALLATION SERVICES              PAGE 2




              1701 MOUNTAIN INDUSTRIAL BLVD, STONE MOUNTAIN, GEORGIA 30083


                      https://dekalbschoolsga.ionwave.net/Login.aspx




        REQUEST FOR PROPOSAL
                               RFP 24-564

                      HVAC
             REPAIR AND INSTALLATION
                    SERVICES
RFP 24-564                                                   HVAC REPAIR AND INSTALLATION SERVICES                                                                            PAGE 3




                                                       TABLE OF CONTENTS
    Title Page ..................................................................................................................................... 2
    Table of Contents ...................................................................................................................... 3-4
    Submittal Terms ................................................................................................................................................................. 5-7
    Attachments ........................................................................................................................... 30-65


                      PART I – BACKGROUND AND INFORMATION
    A.                        Objectives ............................................................................................................. 8
    B.                        General Information ............................................................................................... 8
    C.                        Procurement Process ............................................................................................. 8
    D.                        Addenda ................................................................................................................. 8
    E.                        Proposal Contact Persons...................................................................................... 9
    F.                        Prohibited Contacts ................................................................................................ 9
    G.                        Virtual Session………………………………………………………………………….. . 9
    H.                        Mandatory Virtual Pre-Proposal Conference .......................................................... 9
    I.                        Proposal Submission Deadline………………………………………………………..10
    J.                        Virtual Public Acknowledgement.……………………………………………………..10
    K.                        Questions and Answers ....................................................................................... 10

                                   PART II – GENERAL REQUIREMENTS
    A.                        Offeror Performance ........................................................................................... 11
    B.                        News Release ..................................................................................................... 11
    C.                        Non-Discrimination .............................................................................................. 11
    D.                        Drug Free Workplace .......................................................................................... 11
    E.                        Smoke Free Workplace ....................................................................................... 11
    F.                        Costs Incurred ..................................................................................................... 11
    G.                        Insurance ............................................................................................................. 11
    H.                        Indemnification ..................................................................................................... 14
    I.                        Illegal Immigration Reform and Enforcement Act of 2011 .................................... 14
    J.                        Interviews ............................................................................................................ 15
    K.                        Contract Terms .................................................................................................... 15
    L.                        Permits and Applicable Laws ............................................................................... 16
    M.                        Infringement ......................................................................................................... 16
    N.                        Ownership Rights ................................................................................................. 16
    O.                        Non-Collusion....................................................................................................... 16
    P.                        Conflict of Interest ................................................................................................ 16
    Q.                        Financial Stability ................................................................................................. 17
    R.                        No Obligation/No Contract Guaranteed ............................................................... 17
    S.                        Confidentiality and Non-Disclosure ...................................................................... 17
    T.                        Business License ................................................................................................. 17
    U.                        Protest Process…………………………………………………………………………18
RFP 24-564                                      HVAC REPAIR AND INSTALLATION SERVICES                                                     PAGE 4




                     TABLE OF CONTENTS (CONT’D)
                                       PART III – SCOPE OF WORK

             A.           Purpose / Project Overview ............................................................................... 20
             B            Project Scope of Work ....................................................................................... 20
             C.           Company Profile ................................................................................................ 26
             E.           References ........................................................................................................ 26
             F.           Brochures, Catalogs, Manuals, Websites, Literature ......................................... 26
             G.           Added Value ...................................................................................................... 26
             H.           Evaluation Criteria ............................................................................................. 27
             I.           Transition Plan................................................................................................... 28
             J.           Required Content / Document Checklist ............................................................ 29


                                                        ATTACHMENTS
             Attachment A – Fee Schedule (Cost Proposal Form) ...................................................... 30
             Attachment B – Facility Address List................................................................................ 32
             Attachment C - Non-Collusion.............................................................................................
             Attachment D- Conflict of Interest ......................................................................................
             Attachment E – Critical Paragraphs ................................................................................. 36
             Attachment F – Offeror’s Client Reference Form ............................................................. 37
             Attachment G – Confidentiality and Non-Disclosure ....................................................... 38
             Attachment H – Suspension and Debarment ................................................................... 39
             Attachment I – Illegal Immigration Reform and Enforcement Act of 2011
                                Certification ........................................................................................ 40-45
             Attachment J – Sample Service Agreement................................................................ 46-64
             Attachment K – Signature Page ....................................................................................... 65
             Final Page ........................................................................................................................ 66
 RFP 24-564                             HVAC REPAIR AND INSTALLATION SERVICES                              PAGE 5



DeKalb County School District (“DCSD”) extends this offer to submit a proposal for the possible purchase or
lease of goods and/or services conforming to the following designated specifications, terms, and conditions. This
solicitation will require DCSD Board of Education approval.

Format and Submission of Proposals

Submittal responses to this solicitation will be received electronically on the DeKalb County School District
website at https://dekalbschoolsga.ionwave.net/Login.aspx.

The format requirements for RFP responses are designed to ensure uniformity in the responses, provide the
information necessary to understand each offeror’s proposal, and facilitate an efficient and comprehensive
evaluation of all responses. Proposals must comply with the specifications and detailed instructions stated in
this RFP document, be signed by the certifying company official, and be presented to the DCSD Purchasing
Department according to the detailed instructions stated in this document.
   •   RFP responses must be submitted electronically via https://dekalbschoolsga.ionwave.net/Login.aspx.
   •   Proposals must be presented in a PDF format. All attachments must be identified properly for easy
       recognition and association.
   •   Each page of the response must be numbered.
   •   Each proposal must contain a detailed Table of Contents and must be organized in the same order
       as the requirements are outlined in this RFP document. Each separate bullet point must be addressed
       individually. A response that does not adhere to a “point-by-point” format may be disqualified.
   •   Responses shall be organized simply and economically. Emphasis must be placed on completeness
       and clarity. Proposals that do not include all the required information may be disqualified.

All potential respondents must register as a vendor at https://dekalbschoolsga.ionwave.net/Login.aspx.

Time is of the essence. Specify your earliest __________ and latest __________ service commencement dates
after receipt of award letter.

Approval by the DeKalb County Board of Education
Official approval by the DeKalb County Board of Education is required for this procurement. No contract shall be
construed to be formed without the advance official approval of the DeKalb County Board of Education. The
successful offeror will be notified after DeKalb County Board of Education approval.

Funding Provisions
No award or contract will be made if funding is not approved by the DeKalb County Board of Education.

Compliance with Requirements
Offeror must indicate below whether or not their proposal is in complete compliance with the stated requirements.
If there are any deviations from these requirements, offeror must indicate in writing what the exact deviations are
and what actual services will be provided. Attach and label additional sheets if necessary.
___ Proposal is in complete compliance with proposal requirements.
___ Proposal deviates from stated requirements as follows:
_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________
  RFP 24-564                              HVAC REPAIR AND INSTALLATION SERVICES                               PAGE 6



 Cancellation
 Awards, contracts, and extensions may be canceled for convenience by the DeKalb County School District (DCSD)
 at any time. In the event of termination of contract by DCSD, the DCSD will be responsible only for those services
 that have been delivered and accepted according to the RFP requirements. Any cancellation for convenience by
 DCSD shall be effective three (3) business days after receipt of the Notice of Cancellation for convenience from
 DCSD by the Offeror.

 Fiscal Year Funding Implications
 The fiscal year for DCSD begins July 1 and ends June 30. This solicitation and any resulting contract(s) may
 contain renewal and extension options.
 This solicitation, any resulting contract(s), and any renewal and extension options shall terminate absolutely
 without further obligation on the part of DCSD at the end of the fiscal year in which this solicitation was issued and
 at each June 30 renewal anniversary date thereafter unless the successful offeror is notified otherwise and agrees
 in writing to the exercise of renewal and extension options.

 Payment to Successful Vendor(s)
 Payment for goods and services will be made by electronic funds transfer (EFT). Vendor(s) doing business with
 DCSD are required to provide EFT payment information when registering as a DCSD vendor at:
 https://www.dekalbschoolsga.org/purchasing/.

Rights Reserved
DCSD reserves the right to accept or reject any and/or all parts of responsive proposals received and/or to reject
all proposals 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.
DCSD reserves the right to request and negotiate a “best and final” response from offerors.

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.

F.O.B. Delivery
All prices are to be F.O.B. delivery to various DCSD locations.

Estimated Quantities
The quantities shown in this RFP document are estimates, which are provided for your information. However,
actual quantities purchased by DCSD may vary.

Exclusions of Trade Usages
This RFP contains all of the terms, conditions and obligations to which the parties agree, and shall not be
modified, controlled, explained, supplemented or affected in any way by any usage of trade not expressly
included in this agreement.

Conditional Proposals
Proposals 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.
  RFP 24-564                              HVAC REPAIR AND INSTALLATION SERVICES                              PAGE 7



Offeror Failure
In the event services to be furnished by the successful offeror 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 offeror to perform contracted services may also result in the removal of that offeror from
doing business with DCSD for a period of not less than one year.

Georgia Open Records Act
All proposals submitted in response to DCSD solicitations may be subject to the Georgia Open Records Act, which
permits any member of the public to inspect and/or copy documents prepared and maintained or received in the
course of the operation of the public office or agency.

No Assignment of Award
The successful offeror may not assign the award or contract to or subcontract with another party without the
express written permission of DCSD.

The Laws of the State of Georgia
   This RFP and subsequent agreement are subject to the laws of the State of Georgia.

2 CFR 200.322(a)
§ 200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent
    practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods
    products, or materials produced in the United States (including but not limited to iron, aluminum, steel,
    cement, or other manufactured products).

Additional Terms
In the event an award is made to an offeror, the resulting contract shall not depart from this document unless
agreed to in writing by DCSD and the successful offeror. DCSD shall not be bound by additional terms and
conditions and/or extraneous language added to this document by offerors.

ALL SOLICITATIONS ISSUED BY DCSD ARE ADVERTISED IN THE LEGAL SECTION OF THE CHAMPION
NEWSPAPER, (404) 373-7779, POSTED ON THE DCSD IONWAVE WEBSITE, AND POSTED IN THE TEAM
GEORGIA MARKETPLACE’S GEORGIA PROCUREMENT REGISTRY. Offerors are solely responsible to
review and make themselves aware of DCSD solicitations posted on the following website:

                                 https://dekalbschoolsga.ionwave.net/Login.aspx
RFP 24-564                             HVAC REPAIR AND INSTALLATION SERVICES                                PAGE 8



                                       PART 1
                           BACKGROUND AND INFORMATION
A. Objectives
The DeKalb County School District (DCSD) is seeking proposals from qualified offerors with professional
qualifications, technical competence, and specialized experience to provide district-wide HVAC Repair and
Installation Services as outlined in the scope of work in Part III of this RFP. A maintenance program is not
needed.
Awarded offeror shall provide services in accordance with the specifications, requirements and terms and
conditions stated herein. Services shall include all labor, materials, tools, specialized equipment, supplies,
trained personnel, insurance, travel, per diem, direct and indirect administrative costs, overhead, tolls, parking,
fuel, lodging, all other cost and charges, and all things and services necessary to provide HVAC Repair and
Installation Services, in accordance with the requirements of this RFP. There shall be no add-on charges of
any kind. DCSD reserves the right to make multiple awards.

B. General Information
DCSD is a metropolitan Atlanta public school system organized and existing under the Constitution and laws
of the State of Georgia. DCSD is located in the fourth largest county in Georgia. DeKalb County is one of the
most culturally diverse counties in the nation. DCSD has a student enrollment of approximately 93,000 students
in pre-kindergarten through grade 12. With 138 schools and centers, DCSD educates the third largest pre-
kindergarten through grade 12 student population in the State of Georgia. DCSD is the second largest employer
in DeKalb County with over 14,000 full and part time employees.
DCSD is dedicated to giving every student the best possible education through an intensive core curriculum
and specialized, challenging instructional and career programs. DCSD is striving to become the premier K-12
school system of choice and desires to significantly improve leadership, teaching, and student learning to fulfill
its mission as an organization for public education.
DCSD includes approximately:
  • 77 Elementary Schools
  • 19 Middle Schools
  • 22 High Schools
  • 8 Start-up Charter Schools
  • 12 Specialized Learning Centers
  •    6 Administrative Centers, and
  •    5 Athletic Stadiums
Currently, DCSD has 122 Title I Schools (122 Schoolwide and 0 Targeted Assisted). DCSD’s wide-area network
connects instruction and administration sites to deliver technology and learning tools to every child. The main
administrative offices are located at 1701 Mountain Industrial Boulevard, Stone Mountain, Georgia 30083.
DCSD is governed by a seven-member Board of Education.

C. Procurement Process
The procurement will be on a formally advertised basis. Proposals must be responsive to all aspects of this
RFP.

D. Addenda
It is the responsibility of offerors to frequently check for any addenda, questions, and answers posted on the
Purchasing Bulletin Board on the DCSD website. Failure on the part of offerors to make themselves aware of
and comply with addenda requirements will not relieve them of this obligation.
All posted addenda must be printed, signed by the offeror, and included in the offeror’s RFP submission. Click
on the following link to the Purchasing Bulletin Board: https://dekalbschoolsga.ionwave.net/Login.aspx
RFP 24-564                             HVAC REPAIR AND INSTALLATION SERVICES                             PAGE 9



E. Proposal Contact Person
The assigned contact person for offerors is Carla L. Smith, Vendor Services Executive Director. Ms. Smith can
be reached at (678) 676-0120 or by email to solicitationquestions@dekabschoolsga.org.

F. Prohibited Contact(s)
Except with the consent of the proposal contact person, all offerors, including any persons affiliated with or in any
way related to the offeror, are strictly prohibited from 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 DCSD shall be in writing, in appropriate
circumstances or cases, as directed by the contact person. 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.
Board Member Communication with Prospective Vendors
Vendors shall not contact Board members individually for the purpose of soliciting a purchase or contract between
the time a request for proposal is formally released and a recommendation is made by the administration to the
Board. If a vendor violates this prohibition during this timeframe, consideration for the vendor for award shall be
invalidated. Board members shall be notified of possible violations and actions taken.

G. Virtual Session
The DeKalb County School District Vendor Services department is hosting a virtual session on how to submit an
electronic bid via IonWave. The virtual session will be held through Microsoft Teams on Thursday, October 5, 2023,
at 11:00 AM EST.

Those who would like to attend the virtual session, must register no later than Wednesday, October 4, 2023, by
4:00PM EST, by sending an email to solicitationquestions@dekalbschoolsga.org. Please enter “VIRTUAL SESSION
– RFP 24-564 HVAC Repair and Installation Services” in the subject line of your email. An invitation will be sent
via Microsoft Teams to those participants no later than Thursday, October 5, 2023, by 10:00 AM EST. (Attendance is
mandatory.)

H. Mandatory Virtual Pre-Proposal Conference
All prospective offerors are invited to attend a Virtual Pre-Proposal Conference. The pre-proposal conference
will be held on Thursday, October 5, 2023, at 11:00 AM EST via Microsoft Teams.
Offerors must pre-register to attend. When registering your attendance, please enter “Pre-Proposal
Conference - RFP 24-564 HVAC Repair and Installation Services” in the subject line of your email.
Submit to solicitationquestions@dekalbschoolsga.org by 4:00 PM EST, Wednesday, October 4, 2023.
The following information must be included in your request:
  • Individual Name and Title
  • Company Name
  • Telephone Number
  • Email Address
If more than one individual from your company is attending, please submit information on all attendees. The
sign-in sheet for the pre-proposal conference will be compiled using this information and will be posted to the
DCSD website within two (2) business days after the pre-proposal meeting. A link will be sent to all
registrants to attend in the virtual conference no later than 10:00 AM EST, Thursday, October 5, 2023.
 RFP 24-564                             HVAC REPAIR AND INSTALLATION SERVICES                              PAGE 10



I. Proposal Submission Deadline
Submittals responses to this solicitation will be received electronically on the DeKalb County School District
website at https://dekalbschoolsga.ionwave.net/Login.aspx.

All potential offerors must register as a vendor at https://dekalbschoolsga.ionwave.net/Login.aspx.
Proposals in response to this RFP must be received by the DCSD Vendor Services Procurement via IonWave
no later than 2:00 PM, Tuesday, October 31, 2023. Proposals received after the stated deadline will not be
considered.

J. Virtual Public Acknowledgement
The public acknowledgment will be held virtually through Microsoft Teams on Tuesday, October 31, 2023, at
3:00PM EST. Those who would like to attend the acknowledgement, please register no later than Monday,
October 30, 2023, by 4:00PM EST, by sending an email to solicitationquestions@dekalbschoolsga.org. Please
enter “Public Acknowledgement - RFP 24-564 HVAC Repair and Installation Services” in the subject line of
your email. An invitation will be sent via Microsoft Teams to those participants no later than Tuesday, October
31, 2023, by 11:00 AM EST.

K. Questions and Answers
It is intended that this RFP be adequate for any offeror to respond to DCSD’s requirements. However, should offerors
have questions, all questions shall be submitted electronically to: https://dekalbschoolsga.ionwave.net/Login.aspx.
Questions submitted to any other mailbox, voice mail or e-mail address will not be considered for response. The
deadline to submit questions is October 9, 2023, 12:00 Noon. Questions received after the deadline will not be
considered. All questions received by Noon, October 9, 2023, shall be answered in writing and both the questions
and answers will be posted to the following website on or before Friday, October 20, 2023, 4:30 PM.
                        Responses to questions will not be posted on official DCSD holidays.
                                   https://dekalbschoolsga.ionwave.net/Login.aspx
 RFP 24-564                             HVAC REPAIR AND INSTALLATION SERVICES                               PAGE 11




                                            PART II
                                     GENERAL REQUIREMENTS
A. Offeror Performance
   The successful offeror is required to perform and fulfill all the undertakings, covenants, terms, conditions,
   and agreements of this RFP document and any negotiated contract(s). Specifications contained herein and
   in the successful response will become contractual obligations, if an award ensues. Failure of the offeror to
   fully perform these obligations may result in the cancellation of the award and contract.
    DCSD will look to the offeror and his/her identified personnel to coordinate and deliver the services described
    in this RFP. The services shall not be delegated to sub-offerors or assigned to any third party.

B. News Release
   Any news release or publicity pertaining to any phase of this project must be cleared through the DCSD
   Executive Director of Communications.

C. Non-Discrimination
   DCSD does not discriminate based on 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.

D. Drug-Free Workplace
   By submission of a response to this RFP, the offeror certifies that he/she and his/her employees shall not
   engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled
   substance or drugs during the performance of the contract.

E. Smoke-Free Workplace
   By submission of a response to this RFP, the offeror certifies that he/she and his/her employees shall not
   use tobacco products on DCSD property at any time during the performance of this contract.

F. Costs Incurred
   DCSD is not liable for any costs incurred by an offeror in preparing and/or submitting a response to this RFP
   or for any interview if requested. Any and all costs incurred by the offeror in preparing and/or submitting a
   response to this RFP and interviewing with DCSD (if requested) shall be the sole responsibility of the offeror
   and shall not be reimbursed by DCSD.
    There is no guarantee of any offeror receiving an award as a result of submitting a response to this RFP.

G. Insurance
    Certificate of Insurance and/or ACORD Form is required with solicitation submittal upon award.
   Upload this documentation under the Response Attachment tab via IonWave titled “Certificate of
   Insurance”.

   The DCSD Director of Risk Management sets insurance and indemnification requirements for each
   Solicitation.
RFP 24-564                           HVAC REPAIR AND INSTALLATION SERVICES                             PAGE 12



  Certificate of Insurance / Accord Form is required with solicitation submittal upon award. Provision of
  Certificate of Insurance is a mandatory requirement. Proposals submitted with certificates of
  insurance will be considered conditionally responsive to the insurance and indemnification requirement.
  Final award of this RFP will be contingent upon receipt within six (6) business days of request for
  insurance documentation complete with the following requirements and fully acceptable to the DCSD
  Risk Manager. No work will commence / no purchases will be made without the written statement of
  approval of insurance coverage from the DCSD Risk Manager. In the event the awarded offeror cann ot
  produce insurance coverage acceptable to the Risk Manager within the time provided, DCSD reserves
  the right to award this solicitation to the first runner-up.

        (1) The successful Offeror shall procure and maintain throughout the term of this agreement a
        policy or policies of insurance providing coverage as set forth below that shall protect the offeror
        and the Indemnitees (as defined in Part II, Section I of this RFP) from any claims for bodily injury,
        property damage, or personal injury which may arise out of offeror’s operations under this
        agreement. The foregoing policies shall be obtained from insurance companies approved to do
        business in the State of Georgia and companies acceptable to DCSD. Offeror shall procure the
        insurance policy(ies) at the offeror’s own expense and shall furnish to DCSD a certificate of
        insurance containing the following:

        (a) Name and address of authorized agent;
        (b) Name and address of insured;
        (c) Name of insurance company;
        (d) Description of coverage in standard terminology;
        (e) Policy period;
        (f) Policy Number;
        (g) Limits of liability;
        (h) Name and address of certificate holder;
        (i) Acknowledgment to the DCSD of notice of expiration or cancellation;
        (j) Signature of authorized agent;
        (k) Telephone number of authorized agent; and
        (l) Details of policy exclusions applicable to this agreement in comments section of
            insurance certificate.

        All certificates evidencing primary and excess layers shall be renewed and kept current and up to
        date on an annual basis.

        (2) Offeror is required to maintain the following insurance coverage during the term of this
        agreement:

        (a) Workers Compensation Insurance in the amounts of the statutory limits established by
        The General Assembly of the State of Georgia. Offeror shall have the ability to self -insure its
        required workers’ compensation coverage if offeror is an approved self-insurer in the State of
        Georgia.

       (b) Commercial General Liability Policy, or equivalent coverage, to include products and
        completed operations liability and contractual liability. The Commercial General Liability Policy
        shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and
        any excess or Commercial Umbrella Policy described below.

       (c) Automobile Liability Policy to include but not be limited to liability coverage on any
RFP 24-564                           HVAC REPAIR AND INSTALLATION SERVICES                              PAGE 13



       owned, non-owned and hired vehicle used by offeror or offeror’s personnel in the
       performance of this agreement. The Comprehensive Automobile Policy shall have dollar
       limits sufficient to insure that there is no gap in coverage between this policy and the
       excess or Commercial Umbrella Policy required under this agreement.

        (d) Commercial Umbrella or Excess Liability Policy, which must provide the same or broader
        coverage than those provided for in the above Comprehensive General Liability and Business Auto
        Policies. Policy limits for the Commercial Umbrella or Excess Liability Policy shall have an annual
        occurrence and annual aggregate limit not less than $2,000,000 per claim.

        (e) Professional Liability or Errors & Omissions coverage with limits not less than $2,000,000 per
        claim/$2,000,000 aggregate. The deductible shall not exceed $10,000 per claim.

        (f) Under all coverage and certificates required hereunder, policies shall or be endorsed           to
        include the following terms and conditions:

               (i) All policies and coverage shall be on an “occurrence” not “claims made” basis
                   (excepting (e) above)

               (ii) The foregoing policies shall contain a provision that coverage afforded under the policies
               will not be canceled, or not renewed, allowed to lapse for any reason until at least thirty (30)
               days prior written notice has been given to DCSD.

               (iii) Shall waive all right of subrogation against Indemnitees (as defined in Part II, Section I
               of this RFP) for losses arising out of this agreement.

               (iv) A severability of interest or cross liability clause or endorsement applies to commercial
               general liability and excess liability policies.

               (v) Certificates of Insurance showing such coverage to be in force shall be filed with
               DCSD prior to commencement or continuation of any work under this agreement.

               (vi) All such coverage shall remain in full force and effect during the term and any renewal
               or extension thereof.

        (g) Under coverage and certificates required under Sections 2(a), 2(b), (c), and (d) above, policies
        shall be endorsed to include the following terms and conditions:

             (i) Minimum limits of $1,000,000 per occurrence $2,000,000 in the annual aggregate.
             Primary limits of coverage in the amount of $1,000,000 per occurrence must be with insurers
             approved to conduct business in the State of Georgia. Excess or umbrella liability insurance
             may be placed with any insurer submitted by offeror, including captive or self -insured
             programs, with the prior written approval of DCSD.

        (ii) Contractual liability coverage, specifically referencing this agreement and its
             Indemnity applies to liability assumed by the named insured.

       (iii) Shall include Indemnitees as additional insured except on coverages (2) (a) and (2)(e).

       (iv) Shall waive all right of subrogation against Indemnitees (as defined in Part II, Section
            I of this RFP) for losses arising out of this agreement.
 RFP 24-564                               HVAC REPAIR AND INSTALLATION SERVICES                               PAGE 14



           (v) A severability of interest or cross liability clause or endorsement applie s to commercial
               general liability and excess liability policies.

           (vi) Shall be primary and not excess to any other coverage provided by or available to the
                Indemnitees (as defined in Part II, Section H of this RFP).

           (h) Offeror shall require any and all subofferors performing work under this agreement to
           carry insurance of the types and with limits of liability as offeror shall deem appropriate
            and adequate for the work being performed. However, the obligations of the offeror to the
            Indemnitees assumed in Sections of Indemnification, and Insurance shall not be reduced or
            diminished by the standards set for the subofferors. Further, offeror agrees that their obligations
            to indemnify and insure the Indemnitees shall pertain to all losses arising out of the subofferor’s
            acts or negligence in the same manner and to the same extent as if committed by the offeror.
            Offeror shall obtain and make available for inspection by DCSD, current certificates of insurance
            evidencing insurance coverage by such subofferors.

H.     Indemnification
       1) The successful offeror shall indemnify, defend, and hold harmless the DeKalb County School Board,
          the DeKalb County School District, DCSD, and their officials, officers, employees, agents, volunteers,
          and assigns (all of whom may collectively be referred to as "Indemnitees" throughout this RFP), from
          any and all claims, demands, suits, actions, legal or administrative proceedings, losses, liabilities,
          costs, interest, and damages of every kind and description, including any attorneys’ fees and/or
          litigation and investigative expenses, for bodily injury, personal injury, (including but not limited to
          offeror’s employees), or loss or destruction of property (including loss of use, damage or destruction of
          DCSD owned property) to the extent that any such claim or suit was caused by, arose out of, or
          contributed to, in whole or in part, by reason of any act, omission, professional error, fault, mistake, or
          negligence whether active, passive or imputed, of the offeror its employees, agents, representatives,
          or their employees, agents, or representatives in connection with or incidental to offeror’s performance
          of the agreed-upon services regardless of whether such liability, claim, damage, loss, cost or expense
          is caused in part by an Indemnitee.
       2) The successful offeror shall also indemnify, defend, and hold harmless the Indemnitees from any and
          all costs, expenses, claims, demands, rights, liabilities and causes of action inuring to offeror from
          events over which the Indemnitees exercise no control, such as Acts of God, strikes or government
          restrictions.
                 Offeror's obligation to indemnify any Indemnitee shall survive the completion, expiration, or
                 termination of offeror’s agreed-upon services for any reason.

I. Illegal Immigration Reform and Enforcement Act of
 Upload this documentation under the Response Attachment tab via IonWave titled “IMMIGRATION SECURITY
 DOCUMENTATION”.
     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 (i.e., public works contracts). The
     Illegal Immigration Reform and Enforcement Act of 2011 does not apply to solicitations for items,
     commodities and products.

     Offerors must complete and/or have their subcontractors complete the following forms:

     1) Immigration and Security Certification
     2) Offeror E-Verify Affidavit
     3) Contractor Affidavit (Contractor Only)
     4) Subcontractor Affidavit (Subcontractor Only); and
 RFP 24-564                              HVAC REPAIR AND INSTALLATION SERVICES                               PAGE 15



   5) Sub-Subcontractor Affidavit (Sub-Subcontractor Only)

   The Immigration and Security Certification, the Offeror E-Verify Affidavit, the Contractor Affidavit, the
   Subcontractor Affidavit and the Sub-Subcontractor Affidavit are found on pages 37- 42 of this solicitation
   document. The Immigration and Security Certification, the Offeror E-Verify Affidavit, the Contractor Affidavit,
   Subcontractor Affidavit and the Sub-Subcontractor Affidavit must be completed, notarized and submitted with
   your bid response.

   I acknowledge the Illegal Immigration Reform and Enforcement Act of 2011 requirements for service providers
   and confirm by my signature below that the Immigration and Security Certification, the Contractor Affidavit,
   the Subcontractor Affidavit and the Sub-Subcontractor Affidavit are each completed, notarized and made a
   part of this solicitation response package. I also acknowledge that all items or services furnished to DCSD
   must comply with applicable federal and state immigration laws, and regulation.

   ______Please check here if the Illegal Immigration and Reform Act of 2011 does not apply to your solicitation,
   because it is one for items, commodities, or products. If this does not apply to any portion of the solicitation,
   then the Offeror is not required to complete the Contractor Affidavit, the Subcontractor Affidavit and the Sub-
   Subcontractor Affidavit (reference Attachment page).
J. Interviews
DCSD reserves the right to require offerors to participate in one or more interviews with DCSD board members
and/or staff. Offerors must be prepared to discuss the salient points of their proposal within two (2) normal
working days of being asked to participate in interviews. There are to be no presentations, individually or
collectively, without such invitation.

K. Contract Terms
In the event DCSD determines that outsourcing these services are in its best interest, with the approval of the
DeKalb County Board of Education, the successful offeror will be notified in writing. A contract confirming firm
fixed price and other terms shall be signed by the parties. Services will begin on or about January 2024. The
initial contract duration shall be through June 30, 2024. The contract may contain four (4) years extension
options contingent upon DCSD’s offer of such extension, the successful offeror’s acceptance and the approval
of the DeKalb County Board of Education to extend the contract. The contract is subject to the approval of the
DeKalb County Board of Education and to fiscal year funding limitations. The contract price must be held firm
for the entire term of the contract.
DCSD reserves the right to terminate any resulting contract for convenience. In the event of contract termination
by DCSD, the DCSD will be responsible only for those services and deliverables that have been received and
accepted. Any cancellation for convenience by DCSD shall be effective three (3) business days after receipt of
the Notice of Cancellation for convenience from DCSD by the offeror. Non-performance of contract terms shall
give sufficient cause for DCSD to cancel the contract. Non-performance shall be construed to include, but is not
limited to, failure of the offeror to deliver equipment or perform services in the time specified or in the manner
required.

A contract is attached which includes all of the terms and conditions that the offeror must affirm and
comply. Refer to Attachment J, Sample Service Agreement for Non-Capital Professional Services. Please
review DCSD’s attached contract terms and conditions prior to submitting a response to this RFP. Offerors should
plan on the contract terms and conditions attached to this RFP being included in any award as a result of this
RFP. Therefore, all costs associated with complying with these requirements should be included in any pricing
quoted by the offeror.
 RFP 24-564                               HVAC REPAIR AND INSTALLATION SERVICES                                PAGE 16



L. Permits and Applicable Laws
By submitting a proposal, offeror acknowledges its acceptance of the RFP specifications and the contract terms
and conditions without change except as otherwise expressly stated in the submitted proposal.
If an offeror takes exception to a contract term or provision, the offeror must state the reason for the exception
and state the specific contract language it proposes to include in place of the provision. Any exceptions to the
contract must be submitted as an attachment to the offeror’s response. Proposed exceptions must not conflict
with or attempt to preempt mandatory requirements specified in the RFP.

Offerors 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 the full execution
of the requirements stated herein. Offerors shall maintain all such permits, licenses, certifications, and
compliances in a current status throughout the course of the contract. Offerors shall submit copies of permits,
licenses, and certifications evidencing proof of the aforementioned immediately upon request of DCSD. Offerors
shall be in compliance with registration with the Georgia Secretary of State’s office as applicable.

M. Infringement
Offeror shall fully indemnify Indemnitees against any claims of infringement of any patent, copyright, trade secret,
trademark, or other intellectual property rights related to the offeror’s response to this RFP or services performed
upon contract award. Offeror’s obligation to indemnify any Indemnitee shall survive the completion, expiration,
or termination of offeror’s agreed-upon services for any reason.

N. Ownership Rights
DCSD shall retain ownership rights to the contents of all documents, supporting literature, and data submitted
by offerors to this RFP.

O. Non-Collusion
Upload this documentation under the Response Attachment tab via IonWave titled “NON-COLLUSION”
Offerors shall fully certify that they, as individuals or as officials of a 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 RFP. Further, offerors guarantee that their 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.

P. Conflict of Interest
Upload this documentation under the Response Attachment tab via IonWave titled “Conflict of Interest”.
Offeror shall use its best efforts to disclose with their proposal the name of any officer, director, or agent who
also is a DCSD employee, agent, representative, contractor, immediate family member (spouse, child, sibling,
or parent or the spouse of a child, sibling or parent) or DeKalb County Board of Education member. Offerors
shall also disclose the name of any DCSD employee, agent, representative, contractor, immediate family
member or board member who owns, directly or indirectly, an interest in five percent or more in the Offeror’s
company or any of its branches. In the event the Offeror was aware of a conflict of interest prior to the award of
the contract and did not disclose the conflict DCSD may, at its discretion, terminate the contract for default. The
Offeror further agrees that, if after award, a conflict of interest is discovered, an immediate and full disclosure in
writing must be made to the DCSD Purchasing Department which must include a description of the action which
the Offeror has taken or proposes to take to avoid or mitigate such conflicts. If a conflict of interest is determined
to exist, DCSD may, at its discretion, cancel the contract. Offerors shall certify that their response to this RFP is
impartial, at arms-length, and free of any conflict of interest at this time, unfair advantage, or personal benefit to
any DCSD official.
 RFP 24-564                               HVAC REPAIR AND INSTALLATION SERVICES                                PAGE 17



Q. Financial Stability
Upload this documentation under the Response Attachment tab via IonWave titled “FINANCIAL STATEMENTS”.

     1. Offerors shall provide a copy of their company’s audited financial statements for the previous two
        (2) years – 2021 and 2022.
     2. Indicate here if your company is publicly traded or not publicly traded:
        My company is publicly traded.       _____/
        My company is not publicly traded. _____/
     3. If your company is a publicly traded company, provide a copy of your company’s annual report for
        the previous two (2) years – 2021 and 2022.
     4. List all civil and criminal proceedings your company has been the subject of, or named a party in, and
        provide the outcome of those proceedings. This list should include any lawsuits, administrative actions,
        or litigation to which your company is currently a party or has been a party. Please explain the basis
        for all claims, your response to those claims and state whether a settlement was reached, or a judgment
        entered.
     5. State whether your company, or any affiliate currently or previously associated with your company, has
        ever filed a petition in bankruptcy, taken any actions with respect to insolvency, reorganization,
        receivership, moratoriums or assignment for the benefit of creditors, or otherwise sought relief from
        creditors.
     6. State whether your company was the subject of any order, judgment or decree not subsequently
        reversed, suspended or vacated by any court permanently enjoining your company from engaging in
        any type of business practice.

R. No Obligation/No Award Guaranteed/Cost to Propose
This RFP does not commit DCSD to contract with any offeror to this RFP. There is no guarantee of any offeror
receiving an award or contract as a result of submitting a response to this RFP. The contract, if any, will be
awarded to the offeror whose proposal offers the best value to DCSD in meeting the required scope of work
described herein, if the appropriate funds are available and the contract is approved by the DeKalb County Board
of Education. No obligation or commitment is incurred by the DeKalb County Board of Education from the receipt
of any proposal, marketing materials, or presentations. There is no guarantee that any offeror will receive an
award as a result of submitting a proposal. Any/all costs incurred by the offeror in preparation and submission
of this proposal are the sole responsibility of the offeror. Expenses incurred by the offeror will not be reimbursed
by DCSD or become a reason for contracting with the offeror.

S. Confidentiality and Non-Disclosure
Information made available to offerors by DCSD shall be used only for purposes related to responding to this
RFP and shall not be used for any other purpose without the express written permission of DCSD.
Offerors to this RFP 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.

T. Business License
Upload this documentation under the Response Attachment tab via IonWave titled “BUSINESS LICENSE”.
Offerors shall submit with their proposal, a copy of their valid company business license. If the offeror is a
Georgia corporation, offeror shall submit a valid county or city business license. If the offeror is not a Georgia
corporation, offeror 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 offeror holds a professional certification which
is licensed by the state of Georgia, offeror shall submit a copy of their valid professional license. Any license
submitted in response to this requirement shall be maintained by the offeror for the duration of the contract.
 RFP 24-564                               HVAC REPAIR AND INSTALLATION SERVICES                             PAGE 18



U. Protest Process
   This section describes the mandatory administrative procedure whereby Offerors submitting sealed
   competitive bids/proposals (hereinafter referred to as “bidders”) to DCSD for proposals worth $100,000 or
   more may challenge the solicitation process, and whereby bidders/Offerors on sealed competitive bids directly
   related to Vendor Services 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:
          a) appropriate identification of the solicitation;
          b) a statement of reasons for the protest;
          c) 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 the desired remedy.
     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 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 Vendor Services.
          The protest may be sent by any of the following means:
                                            MAIL: Attention: Carla Smith, Executive Director
                                              DeKalb County School District
                                                     Vendor Services
                                            1701 Mountain Industrial Boulevard
                                             Stone Mountain, Georgia 30083
                                    Email: solicitationquestions@dekalbschoolsga.org
RFP 24-564                             HVAC REPAIR AND INSTALLATION SERVICES                                 PAGE 19



                The Offeror must observe the following deadlines when filing a protest:

                           Type of Protest                                 Protest Filing Deadline
              Challenge to Competitive Solicitation            Two (2) business days prior to the closing
                            Process                            date and time of the solicitation as identified
                                                               on the Invitation to Bid.
             Challenge to an Intended or Actual                In the event DCSD posts a Notice of Intent to
                      Contract 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 Vendor Services 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 Vendor Services 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.
  RFP 24-564                            HVAC REPAIR AND INSTALLATION SERVICES                             PAGE 20




                                               PART III
                                             SCOPE OF WORK
 A. Purpose/Project Overview

    DCSD is seeking proposals from qualified offerors with professional qualifications, technical competence
    and specialized experience in HVAC Repair and Installation Services to provide district wide services
    at DCSD facilities on an as needed basis, in accordance with the scope of work of this RFP.

    Awarded offeror shall provide equipment and services in accordance with the scope of work,
    requirements and terms and conditions stated herein. Services shall include all labor, materials, tools,
    specialized equipment, supplies, trained personnel, insurance, travel, per diem, direct and indirect
    administrative costs, overhead, tolls, parking, fuel, lodging, all other cost and charges, and all things and
    services necessary and in accordance with the requirements of this RFP. There shall be no add-on
    charges of any kind.

    DCSD, at its discretion, determines the criteria and process whereby proposals are evaluated and
    awarded. No damages shall be recoverable by any challenger as a result of these determinations or
    decisions by DCSD.
    DCSD currently operates 180 calendar school days during the school year. DCSD serves approximately
    93,000 students, 138 schools and centers, and 14,000 employees.

    DCSD reserves the right to add or remove DCSD facilities (schools, centers and portable classrooms)
    as needed.


    DCSD Operations Department reserves the right to make multiple awards and will be responsible for
    administration of this contract.

B. Project Scope of Work
                      a. Contractor provided materials shall include all labor, parts and materials necessary
                         to inspect, service, install replacement parts, including but not limited to condensers,
                         compressors, evaporators, chillers, coils, manual and electronic valves, motors,
                         pumps, air registers, diffusers and grilles, controllers and control systems and any
                         other related items associated with HVAC Systems to the existing equipment in
                         order to maintain the equipment in proper operating condition.

                      b. In order to reduce downtime to a minimum, if replacement compressors or other
                         parts are not immediately available, then the contractor shall install provisions
                         equipment that is compatible with the unit until the original replacement part under
                         warranty has been delivered. The Contractor will be responsible for obtaining
                         replacement warranty parts at no cost to the DCSD. Prior to replacing any
                         compressors or other parts, Contractors must contact the Manager of HVAC
                         Maintenance or his designated representative.
RFP 24-564                            HVAC REPAIR AND INSTALLATION SERVICES                                PAGE 21



                   c. All units shall have work performed at the site unless by the nature of required
                      repairs, it would be necessary to remove a component of the unit or the complete
                      service unit to the Contractor’s shop for repairs. If a unit is to be out of service for
                      any reason, the HVAC Maintenance Manager or his designee will be notified and
                      informed of the nature of repairs required. All units out of service shall be electrically
                      disconnected and bear a notice stating that the unit is out of order. All minor repairs
                      will be performed at the unit site.


                   d. All maintenance, service and repair work will be coordinated and supervised by the
                      DCSD Manager of HVAC Maintenance, or his designee, a minimum of 24 hours
                      prior to performance of scheduled maintenance work.

                   e. Equipment to be completely serviced, maintained and repaired shall include but not
                      be limited to the following:
                              1. Air Handlers
                              2. Chillers
                              3. Water Cooled Condenser Units
                              4. Cleaning and/or Replacing Units
                              5. Water Cooled Condensing Units with Cooling Towers and Water Pumps
                              6. Air Cooled Condensing Units
                              7. Water Treatment
                              8. Air and/or Water-Cooled Package Units
                              9. Thermostats, Controls, Controllers, and CPUS
                              10. Energy Management Control System Components
                              11. Exhaust Fans and Systems
                              12. Water source Heat pumps


        Upon notification each contractor must visit the job site with a representative from the Maintenance or
        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 10%.

        Work Authorizations, if any, are to be issued at the sole discretion of the Owner. The maximum amount
        of work covered by any single Work Authorization Agreements entered into pursuant to a contract as
        a result of this solicitation, shall not exceed $99,999.99 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.
 C. Company Profile

   Offerors to this Request for Proposal are required to demonstrate, and include with their submissions to this RFP,
   a full and complete company profile, to include, but not be limited to: the date of establishment, mission statement,
   type and confirmation of company’s legal entity form, company’s organizational structure/chart, principals’ names
   and titles, company size in relation to industry, number of employees, company history, financial position, and all
   relevant current and past experience on similar projects, including the company’s overall experience in providing
   HVAC Repair and Installation Services.

   Provide your business solutions, background information, history, mission, business partners, core business
   solutions and services offered, organizational structure, number of employees, and operation locations.

         Compliance Information:
         Companies must meet minimum criteria as specified to receive further consideration. Proposals shall the
         include the following:
         The submitting company must be licensed by the State of Georgia to provide all services specified in this
         RFP and all documents must be in the name of the submitting company.
         All employees of the submitting company that are assigned to this project must be licensed by the State of
         Georgia. Company must submit copies of all employees’ licenses that will be assigned to this project.

         Litigation Information (Y/N):
         Identify and briefly discuss any instances in the past five (5) years where your contract was terminated, with
         or without cause. Provide Owner name, project name and Owner Project Representative Name and
         Number. For joint ventures responding to this RFP, provide the above information as it pertains to the joint
         venture and for each partner or entity creating said joint venture. If there is no failure or failures to
         complete a contract, please include a statement that the Firm has never failed to complete a contract
         or contracts or have defaulted or have been declared in default on any contract.

         Identify any legal actions that have been filed against your company for services rendered in connection
         with pest control services in the past (5) years. Provide a brief explanation for each occurrence and the
         outcome/disposition. If there have been no legal actions filed against your company, please include
         a statement that the Company has not had any legal actions filed against them in the past five (5)
         years.

D. References
   Upload this document under the Response Attachment tab via IonWave titled “References”.
   Offeror must provide the names and contact phone numbers of at least three (3) current clients, preferably clients
   comparable to DCSD, for whom the offeror is providing or has provided comparable services. Offeror’s Reference
   Form, References will be contacted.

E. Brochures, Catalogs, Manuals, Websites, Literature
   In addition to the formal response to this RFP, all offerors are encouraged to submit brochures, catalogs, manuals,
   website materials, industry literature, DVD’s and any other marketing and informational media which will support
   and enhance their submission value.


F. Added Value
   Offerors are encouraged to describe in detail all added value or additional services or benefits available and
   offered at no cost to DCSD in their RFP responses. Attach and label as “ADDED VALUE.”
 RFP 24-564                            HVAC REPAIR AND INSTALLATION SERVICES                                PAGE 23
G. Evaluation Criteria
  DCSD advertises this RFP as an opportunity for interested and qualified firms specializing in HVAC Repair and
  Installation Services to submit responses consistent with the scope of work stated herein. Respondents to this
  RFP are encouraged to submit their most comprehensive, innovative and creative proposals for services for
  DCSD.
  DCSD may, at its sole discretion, select or reject all or portions of the service(s) proposed from responsive offerors.
  As a part of the evaluation process, DCSD may find it necessary to evaluate the addition or deletion of components
  of an offeror’s proposal in order to make equivalent comparisons to other proposals. DCSD will select the offeror
  whose proposal DCSD determines best meets the needs of DCSD, based on the requirements and evaluation
  criteria set forth herein.
  The determination of the successful proposal will be based upon information supplied by the offeror in the RFP
  response and upon other information that will be obtained by DCSD as it deems necessary. Proposal
  conformance to RFP instructions, terms, conditions, and requirements is critical to offeror responsiveness.

  The lowest-cost proposal submitted may not necessarily be determined to be the most responsive and
  responsible proposal when all factors have been considered. However, the quoted price is an important factor
  in the determination of the selected proposal.

  An Evaluation Committee will evaluate the proposals using the following criteria:

    1.   Firm’s Overview (15 Points)
         a. Provide a full and complete company profile to include, but not limited to Firm’s name, address, a
            headquarters and or branch office handling this project, as well as primary contact name, title,
            related telephone/fax numbers and email address.
         b. State how many years licensed to do business under the name stated above. Describe firm
            ownership structure and history.
         c. List the number of permanent employees and provide an organizational chart of the firm. Include
            management-level employee(s) the firm intends to assign to the project. Include a professional
            biographical summary including certifications and detailed outline of the role and resp onsibility of
            each employee that will be assigned to the project.
         d. Describe other qualifications that may be used to assess proposer’s capabilities. Please note that
            the District recognizes that the information requested may not apply in full to the goods, services
            or systems in this RFP, but the highest point levels will be awarded to those proposals where the
            respondent has clearly described additional reasons that the District may consider in establishing
            an enhanced and more productive business partnership.

     2. Scope of Services (30 points)
         a. Please provide your company’s comprehensive and proposed strategy for providing HVAC Repair
            and Installation Services for DCSD. Please be very detailed and specific in your response to each
            requirement.
         b. Describe the company’s experience, especially in dealing with organizations the size of the DCSD.
         c. Explain the company’s capability to provide the specified services with the resources required in the
            Scope of Work.
         d. Describe in as much detail as possible, why the proposer’s company should be selected to provide
            services to the DCSD.
         e. Provide the name and telephone number of the individual(s) that can be contacted in case of an
            emergency or for services needed after hours, holidays or weekends.

     3. Firm’s Relevant Experience and Expertise (30 points)
         a. Briefly describe project experience specific to services that the company has provided for preferably K-
            12 education or other governmental agencies, or related engagements that the company is currently
            engaged in or has completed within the past three (3) years.
RFP 24-564                          HVAC REPAIR AND INSTALLATION SERVICES                            PAGE 24
        b. Describe your environmental, quality assurance/quality control, and safety programs that apply to
           managing potential risks associated with the provision of the services identified in this RFP.
        c. Describe in detail your company training and education program for employees.

   4. References (5 points)
        a. The company shall submit a minimum of three (3) written recommendations from previous owners.
           The recommendation must state actual examples of how the company had a positive working
           relationship with prior Owners and their cooperation with other Owners.
        b. DCSD reserves the option of contacting any of the references provided to confirm information
           provided.
   5. Quality and completeness of proposal (5 points)
   6. Cost of Services (15 points)

    Relative Weight                          Evaluation Criteria                    Score
    15                    Firm’s Overview
    30                    Scope of Services
    30                    Firm’s Relevant Experience and Expertise
    5                     References
    5                     Quality and completeness of proposal
    15                    Cost of Services




    100 points            TOTAL SCORE

H. Transition Plan/Transition on Commencement of Contract
     The awarded offeror shall assume full services in accordance with the award of the RFP. The awarded offeror
     shall coordinate and cooperate with DCSD’s existing provider(s) to ensure a smooth and orderly transition
     with uninterrupted services.
     Transition and Continuity of Service upon Expiration of Contract
     Continuity of services is necessary to DCSD. The awarded offeror agrees to this philosophy and upon
     expiration of contract, agrees to:
       • Exercise best efforts and cooperation for an orderly and efficient transition to another provider or to
          DCSD.
       • Negotiate a plan in good faith with successor to determine the nature and extent of the phase-in, phase-
          out services required. The plan shall specify a date for services described in the plan and shall be
          subject to approval by DCSD. The existing service provider shall provide sufficient experienced
          personnel during the phase-in and phase-out periods to ensure that the imperious services in the
          contract are maintained at the required level of need and proficiency.
      • All DCSD property (including but not limited to, students and DCSD records, parts, equipment, facilities,
         keys and materials) shall be returned to DCSD upon expiration of contract. Offeror shall include in their
         response any DCSD or any subsequent contractor requirements if offeror is awarded this contract and
         does not retain this contract upon its expiration.
RFP 24-564                           HVAC REPAIR AND INSTALLATION SERVICES                          PAGE 25
I. REQUIRED CONTENT / DOCUMENT CHECKLIST

 All potential respondents must register as a vendor at https://dekalbschoolsga.ionwave.net/Login.aspx.

 IMPORTANT NOTICE: Submittals to this solicitation will be received electronically on the DeKalb County School
 District website at https://dekalbschoolsga.ionwave.net/Login.aspx.

   IonWave will not accept a bid submission without the required documents listed below. Failure to
   upload the required information and/or documentation required in this solicitation may cause the
   submission to be declared non-responsive and rejected.

 Offerors      are    required     to     upload      one       (1)    pdf.     copy     electronically    via
 https://dekalbschoolsga.ionwave.net/Login.aspx of their response. Responses must be submitted on 8 ½” x
 11” single-sided stock. Offerors must reply in a narrative to each requirement and question. “Understand and
 comply” responses are not acceptable. All RFP submissions must include the following items and attachments.

 The Request for Proposals document, RFP 24-564 HVAC Repair and Installation Services (MUST BE the
 first document in the submission); this document is located at
 http://www.dekalbschoolsga.org/solicitations

                                      Table of Contents for your submission
      •      Addenda – Each individual Addendum must be printed, signed, and inserted immediately following the
             Table of Contents (Upload Required)
      •      Audited Company Financial Statements/Company Annual Reports for 2021 and 2022
      •      Business License (Upload Required)
      •      Attachment A – Cost Proposal Form/Fee Schedule (Upload Required)
      •      Attachment B – Facility Address List
      •      Attachment C - Non-Collusion (Upload Required)
      •      Attachment D- Conflict of Interest (Upload Required)
      •      Attachment E – Critical Paragraphs (Upload Required)
      •      Attachment F – Offeror’s Client Reference Form (Upload Required)
      •      Attachment G – Statement of Confidentiality and Non-Disclosure (Upload Required)
      •      Attachment H – Suspension and Debarment Certification (Upload Required)
      •      Attachment I – Immigration & Security Certification (Upload Required)
      •      Attachment J – Sample Service Agreement
      •      Attachment K – Signature Page (Upload Required)
      •      Company Profile (Upload Required)
      •      Brochures, Catalogs, Manuals, Websites, Literature, and other marketing media
      •      Project Scope of Work (Upload Required)
      •      Added Value
RFP 24-564                             HVAC REPAIR AND INSTALLATION SERVICES                        PAGE 26

                                                 Attachment A
                                     RFP 24-564
                         HVAC Repair and Installation Services
                                            COST PROPOSAL FORM
Offeror must provide an itemized list of all costs to DCSD associated with the proposal. A breakout of
pricing must be submitted on this form. You may include attachments so long as they are a page-
numbered part of your RFP submittal. Include added value services/items at “no cost.” Prices must be
held firm for annual extension options, if exercised.

** DCSD reserves the right to request and negotiate a “best and Final” response from Offerors. **
Complete the following:

 #   DESCRIPTION                                                                     HOURLY COST

 1   Technician                                                        $
                                                                               PERCENTAGE MARK UP
 #   DESCRIPTION
                                                                                (Not To Exceed 10%)

 2 Equipment Rental (if required)                                                                       %

                                                                               PERCENTAGE MARK UP
 #   DESCRIPTION
                                                                                (Not To Exceed 10%)

 3   Materials                                                                                           %

Please indicate required lead time upon receipt of purchase order:

This cost proposal is inclusive of all services, supervision, labor, coordination, equipment and
materials is subject to the terms and conditions of the Standard Form of Contract for Services
which are expressly incorporated herein by reference.
RFP 24-564                         HVAC REPAIR AND INSTALLATION SERVICES                       PAGE 27

                                          ATTACHMENT B

                                        RFP 24-564
                            HVAC Repair and Installation Services
                                  DCSD FACILITY ADDRESS LIST

                                                                                                    Zip
                   School Name                            Address                   City
                                                                                                    Code
Adams Stadium Facility                       2383 N. Druid Hills Road       Atlanta, GA            30329
Allgood ES                                   659 Allgood Road               Stone Mtn, GA          30083
Arabia Mountain HS                           6610 Browns Mill Road          Lithonia, GA           30038
Ashford Park ES                              2968 Cravenridge Drive NE      Atlanta, GA            30319
Austin ES                                    5435 Roberts Drive             Atlanta, GA            30338
Austin ES (New)                              5321 Roberts Drive             Atlanta, GA            30338
Avondale ES                                  8 Lakeshore Drive              Avondale Estates, GA   30002
Avondale High Facility                       1192 Clarendon Avenue          Avondale Estates, GA   30002
Avondale Stadium Facility                    1192 Clarendon Avenue          Avondale Estates, GA   30002
Barack H. Obama EMST                         3132 Clifton Church Road SE    Atlanta, GA            30316
Bethune, Mary McLeod MS                      5200 Covington Highway         Decatur, GA            30035
Bob Mathis ES                                3505 Boring Road               Decatur, GA            30034
Bouie, Edward L. Sr. Theme ES                5100 Rock Springs Road         Lithonia, GA           30038
Briar Vista ES                               1131 Briar Vista Terrace NE    Atlanta, GA            30324
Briarlake ES                                 3590 Lavista Road              Decatur, GA            30033
Brockett ES                                  1855 Brockett Road             Tucker, GA             30084
Browns Mill ES                               4863 Browns Mill Road          Lithonia, GA           30038
Canby Lane ES                                4150 Green Hawk Trail          Decatur, GA            30035
Cary Reynolds ES                             3498 Pine Street               Atlanta, GA            30340
Cedar Grove ES                               2330 River Road                Ellenwood, GA          30294
Cedar Grove HS                               2360 River Road                Ellenwood, GA          30294
Cedar Grove MS                               2300 Wildcat Road              Decatur, GA            30034
Chamblee HS                                  3688 Chamblee Dunwoody Road    Atlanta, GA            30341
Chamblee MS                                  3601 Sexton Woods Drive        Atlanta, GA            30341
Champion Theme MS                            5265 Mimosa Drive              Stone Mtn, GA          30083
Chapel Hill ES                               3536 Radcliffe Blvd            Decatur, GA            30034
Chapel Hill MS                               3535 Dogwood Farm Road         Decatur, GA            30034
Chesnut ES                                   4576 N Peachtree Road          Atlanta, GA            30338
Clarkston HS                                 618 North Indian Creek Drive   Clarkston, GA          30021
Columbia ES                                  3230 Columbia Woods Drive      Decatur, GA            30032
Columbia HS                                  2106 Columbia Drive            Decatur, GA            30032
Columbia MS                                  3001 Columbia Drive            Decatur, GA            30034
Coralwood Education Facility                 2477 Coralwood Dr.             Decatur, GA            30033
Cross Keys HS                                1626 N Druid Hills Road NE     Atlanta, GA            30319
DeKalb Alternative School                    5855 Memorial Drive            Stone Mtn, GA          30083
RFP 24-564                                 HVAC REPAIR AND INSTALLATION SERVICES                         PAGE 28


                                                                                                             Zip
School Name                                          Address                          City
                                                                                                             Code
DeKalb Early College Academy                         1701 Mountain Industrial Blvd.   Stone Mtn, GA          30083
DeKalb ES of the Arts                                3131 Old Rockbridge Rd.          Avondale Estates, GA   30002
DeKalb HS of Technology-South                        3303 Panthersville Road          Decatur, GA            30034
Eagle Woods Academy/GNETS Facility                   5931 Shadow Rock Drive           Lithonia, GA           30058
DeKalb Rockdale GNETS at Shadow Rock Facility        1040 Kingway Drive               Lithonia, GA           30058
DeKalb School of the Arts                            1192 Clarendon Avenue            Avondale Estates, GA   30002
District Central Offices at AIC Facility             1701 Mountain Industrial Blvd    Stone Mtn, GA          30083
Doraville Administrative Facility                    3932 Flowers Rd                  Atlanta, GA            30338
Dresden ES                                           2449 Dresden Drive               Atlanta, GA            30341
Druid Hills HS                                       1798 Haygood Drive NE            Atlanta, GA            30307
Druid Hills MS                                       3100 Mount Olive Drive           Decatur, GA            30033
Dunaire ES                                           651 S Indian Creek Drive         Stone Mtn, GA          30083
Dunwoody ES                                          1923 Womack Rd                   Dunwoody, GA           30338
Dunwoody HS                                          5035 Vermack Road                Atlanta, GA            30338
E. L. Miller ES                                      919 Martin Rd                    Stone Mtn, GA          30088
Early Learning Academy (at Terry Mill Facility)      797 Fayetteville Road, SE        Atlanta, GA            30316
East Campus #1 Alternative Facility                  5831 Memorial Drive              Stone Mtn, GA          30083
East Campus #2/Transportation Facility               5809 Memorial Drive              Stone Mtn, GA          30083
East Dekalb SpEd Campus                              5831 Memorial Drive              Stone Mtn, GA          30083
East Dekalb SpEd Facilities                          5831 Memorial Drive              Stone Mtn, GA          30083
East DeKalb State School Students                    5831 Memorial Drive              Stone Mtn, GA          30083
Elizabeth Andrews HS                                 1701 Mountain Industrial Blvd    Stone Mtn, GA          30083
Environmental Studies Center Facility                2390 Wildcat Rd                  Decatur, GA            30034
Evansdale ES                                         2914 Evans Woods Drive           Atlanta, GA            30340
Fairington ES                                        5505 Phillip Bradley Drive       Lithonia, GA           30038
Fernbank ES                                          157 Heaton Park Drive, NE        Atlanta, GA            30307
Fernbank Science Center                              156 Heaton Park Drive, NE        Atlanta, GA            30307
Flat Rock ES                                         4603 Evans Mill Road             Lithonia, GA           30038
Flat Shoals ES                                       3226 Flat Shoals Road            Decatur, GA            30034
Freedom MS                                           505 South Hairston Road          Stone Mtn, GA          30088
Hallford, James R. Stadium Facility                  3789 Memorial College Ave.       Clarkston, GA          30021
Hambrick ES                                          1101 Hambrick Road               Stone Mtn, GA          30083
Hawthorne ES                                         2535 Caladium Drive, NE          Atlanta, GA            30345
Henderson Mill ES                                    2408 Henderson Mill Road, NE     Atlanta, GA            30345
Henderson MS                                         2830 Henderson Mill Road         Atlanta, GA            30341
Hightower ES                                         4236 Tilly Mill Road             Atlanta, GA            30360
Huntley Hills ES                                     2112 Seaman Circle               Atlanta, GA            30341
Idlewood ES                                          1484 Idlewood Road               Tucker, GA             30084
Indian Creek ES                                      724 N Indian Creek Drive         Clarkston, GA          30021
International Intensive English Program              3318 Midway Road                 Decatur, GA            30032
RFP 24-564                              HVAC REPAIR AND INSTALLATION SERVICES                   PAGE 29

                                                                                                   Zip
School Name                                       Address                       City
                                                                                                   Code
International Student Center                      3318 Midway Road              Decatur, GA        30032
John Lewis (Temporary) ES                         2383 N Druid Hills Rd NE      Atlanta, GA        30329
John Lewis ES (New)                               2630 Skyland Drive            Atlanta, GA        30319
Jolly ES                                          1070 Otello Avenue            Clarkston, GA      30021
Kelley Lake ES                                    2590 Kelly Lake Road          Decatur, GA        30032
Kingsley ES                                       2051 Brendon Drive            Atlanta, GA        30338
Kittredge Magnet                                  1663 E Nancy Creek Dr., NE    Atlanta, GA        30319
Lakeside HS                                       3801 Briarcliff Road, NE      Atlanta, GA        30345
Laurel Ridge ES                                   1215 Balsam Drive             Decatur, GA        30033
Lithonia HS                                       2440 Phillips Road            Lithonia, GA       30058
Lithonia MS                                       2451 Randall Avenue           Lithonia, GA       30058
Livsey ES                                         4137 Livsey Road              Tucker, GA         30084
Marbut Theme ES                                   5776 Marbut Road              Lithonia, GA       30058
Margaret Harris Comprehensive School              1634 Knob Hill Drive, NE      Atlanta, GA        30329
Martin Luther King, Jr. HS                        3991 Snapfinger Road          Lithonia, GA       30038
McLendon ES                                       3169 Hollywood Drive          Decatur, GA        30033
McNair, Ronald E. DLA ES                          2162 Second Ave.              Decatur, GA        30032
McNair, Ronald E. HS                              1804 Bouldercrest Road, SE    Atlanta, GA        30316
McNair, Ronald E. MS                              2190 Wallingford Drive        Decatur, GA        30032
McNair, Ronald E. MS (New)                        2190 Wallingford Drive        Decatur, GA        30032
Midvale ES                                        3836 Midvale Road             Tucker, GA         30084
Miller Grove HS                                   2645 DeKalb Medical Parkway   Lithonia, GA       30058
Miller Grove MS                                   2215 Miller Road              Decatur, GA        30035
Montclair ES                                      1680 Clairmont Place, NE      Atlanta, GA        30329
Montgomery ES                                     3995 Ashford Dunwoody Road    Atlanta, GA        30319
Murphey Candler ES                                6775 S Goddard Road           Lithonia, GA       30038
Narvie J. Harris Theme ES                         3981 McGill Drive             Decatur, GA        30034
North DeKalb Stadium Facility                     3662 Pierce Drive             Atlanta, GA        30341
Oak Grove ES                                      1857 Oak Grove Road, NE       Atlanta, GA        30345
Oak View ES                                       3574 Oakvale Road             Decatur, GA        30034
Oakcliff Theme ES                                 3150 Willow Oak Way           Atlanta, GA        30340
Panola Way ES                                     2170 Panola Way Court         Lithonia, GA       30058
Panthersville Administrative Facility             2627 Wildcat Rd.              Decatur, GA        30034
Peachcrest ES                                     1530 Joy Lane                 Decatur, GA        30032
Peachtree MS                                      4664 N Peachtree Road         Atlanta, GA        30338
Pine Ridge ES                                     750 Pine Ridge Dr             Stone Mtn, GA      30087
Pleasantdale ES                                   3695 Northlake Drive          Atlanta, GA        30340
Princeton ES                                      1321 South Deshon Road        Lithonia, GA       30058
Rainbow ES                                        2801 Kelley Chapel Road       Decatur, GA        30034
RFP 24-564                                  HVAC REPAIR AND INSTALLATION SERVICES                   PAGE 30

                                                                                                        Zip
                    School Name                                    Address                  City
                                                                                                        Code
Redan ES                                              1914 Stone Mtn Lithonia Rd    Lithonia, GA       30058
Redan HS                                              5247 Redan Road               Stone Mtn, GA      30088
Redan MS                                              1775 Young Road               Lithonia, GA       30058
Robert Shaw Theme ES                                  385 Glendale Road             Scottdale, GA      30079
Rock Chapel ES                                        1130 Rock Chapel Road         Lithonia, GA       30058
Rockbridge ES                                         445 Halwick Way               Stone Mtn, GA      30083
Rowland ES                                            1317 S Indian Creek Drive     Stone Mtn, GA      30083
Sagamore Hills ES                                     1865 Alderbrook Road          Atlanta, GA        30345
Salem MS                                              5333 Salem Road               Lithonia, GA       30038
Sam A. Moss Service Facility                          1780 Montreal Rd.             Tucker, GA         30084
Sequoyah MS                                           3456 Aztec Road               Atlanta, GA        30340
Shadow Rock ES                                        1040 Kingway Drive            Lithonia, GA       30058
Smoke Rise ES                                         1991 Silver Hill Road         Stone Mtn, GA      30087
Snapfinger ES                                         1365 Snapfinger Road          Decatur, GA        30032
Southwest DeKalb HS                                   2863 Kelley Chapel Road       Decatur, GA        30034
Special Education Pre-Testing Eligibility             5831 Memorial Drive           Stone Mtn, GA      30083
Stephenson HS                                         701 Stephenson Road           Stone Mtn, GA      30087
Stephenson MS                                         922 Stephenson Road           Stone Mtn, GA      30087
Stone Mill ES                                         4900 Sheila Lane              Stone Mtn, GA      30083
Stone Mountain ES                                     6720 James B. Rivers Dr       Stone Mtn, GA      30083
Stone Mountain HS                                     4555 Central Drive            Stone Mtn, GA      30083
Stone Mountain MS                                     4301 Sarr Parkway             Stone Mtn, GA      30083
Stoneview ES                                          2629 Huber Street             Lithonia, GA       30058
Toney ES                                              2701 Oakland Terrace          Decatur, GA        30032
Towers HS                                             3919 Brookcrest Circle        Decatur, GA        30032
Tucker HS                                             5036 Lavista Road             Tucker, GA         30084
Tucker MS                                             2160 Idlewood Road            Tucker, GA         30084
Vanderlyn ES                                          1877 Vanderlyn Drive          Atlanta, GA        30338
Wadsworth Magnet                                      3039 Santa Monica Drive       Decatur, GA        30032
Warren Technical School                               3075 Alton Road               Atlanta, GA        30341
William “Buck” Godfrey Stadium Facility               2817 Clifton Springs Road     Decatur, GA        30079
William Bradley Bryant Center Facility                2652 Lawrenceville Hwy.       Decatur, GA        30033
Woodridge ES                                          4120 Cedar Ridge Trail        Stone Mtn, GA      30083
Woodward ES                                           3034 Curtis Drive, NE         Atlanta, GA        30319
Wynbrooke Theme ES                                    440 Wicksbury Way             Stone Mtn, GA      30087
RFP 24-564                          HVAC REPAIR AND INSTALLATION SERVICES                           PAGE 31




                                           Attachment C
                                  RFP 24-564
                      HVAC Repair and Installation Services

                                           Non-Collusion

Upload this documentation under the Response Attachment tab via IonWave titled “NON-
COLLUSION”

Bidders shall fully certify that they, as an individual or as an 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 response are 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.

Bidder must sign below acknowledging the above statement.



Signature of Company Representative:


______________________________________
Company Name/Certifying Official Signature



Date: _____________
RFP 24-564                             HVAC REPAIR AND INSTALLATION SERVICES                                PAGE 32




                                       Attachment D
                                    RFP 24-564
                        HVAC Repair and Installation Services

                                           Conflict of Interest
Upload this documentation under the Response Attachment tab via IonWave titled “CONFLICT OF
INTEREST”

Bidder shall use its best efforts to disclose with their proposal the name of any officer, director, or agent who also
is a DCSD employee, agent, representative, contractor, immediate family member (spouse, child, sibling, or parent
or the spouse of a child, sibling or parent) or DeKalb County Board of Education member. Bidders shall also disclose
the name of any DCSD employee, agent, representative, contractor, immediate family member or board member
who owns, directly or indirectly, an interest in five percent or more in the Bidder’s company or any of its branches.
In the event the Bidder was aware of a conflict of interest prior to the award of the contract and did not disclose the
conflict DCSD may, at its discretion, terminate the contract for default. The Bidder further agrees that, if after award,
a conflict of interest is discovered, an immediate and full disclosure in writing must be made to the DCSD Purchasing
Department which must include a description of the action which the Bidder has taken or proposes to take to avoid
or mitigate such conflicts. If a conflict of interest is determined to exist, DCSD may, at its discretion, cancel the
contract. Bidders shall certify that their response to this Bid is impartial, at arms-length, and free of any conflict of
interest at this time, unfair advantage, or personal benefit to any DCSD official.
Bidder must sign below acknowledging the above statement.


Signature of Company Representative:


____________________________________
Company Name/Certifying Official Signature


Date: _____________
RFP 24-564                           HVAC REPAIR AND INSTALLATION SERVICES                               PAGE 33



                                              Attachment E

                                   RFP 24-564
                       HVAC Repair and Installation Services

                                         Critical Paragraphs

     Offerors must put their initials in the space provided in front of each critical paragraph and
     sign below. Initials signify that the information has been read and the offeror agrees to
     comply with the requirement, stipulations, terms and conditions. Attach and label “Critical
     Paragraph.”

     1) ____ This RFP does not commit DCSD to any offeror to this RFP. DCSD is not liable for any costs
             incurred by an offeror in responding to this RFP. There is no guarantee of any offeror receiving an
             award or contract as a result of submitting a response to this RFP.
     2) ____    Any news release or publicity pertaining to any phase of this RFP will be the responsibility of DCSD
                and must be cleared through DCSD’s Department of Communications and Community Relations.

     3) ____    It is the responsibility of offerors to make themselves aware of and to comply with any addenda,
                questions and answers posted to the DCSD website in relation to this RFP. All addenda must be
                printed, signed by the certifying official and included in the RFP submittals. Failure to do so will
                cause the offeror to be deemed non-responsive to the requirements of this RFP.

     4) ____ Offerors to the RFP agree to fully indemnify DCSD as stated in the RFP, Part II, H.

     5) ____    Offerors certify that they have not engaged in collusion and guarantee that their response is not
                made in conjunction with or on behalf of another party and that they have not been directly or
                indirectly induced or acted in any manner to result in restriction of trade or unfair advantage.

     6) ____    The DCSD reserves the right to reject any and/or all responses submitted and to waive any
                technicalities or minor irregularities in responses received. DCSD reserves the right to award any
                resulting contract in the manner that is in the best interest of and most advantageous DCSD.

      7) ____    Offeror understands that this solicitation requires Board of Education Approval.
RFP 24-564                       HVAC REPAIR AND INSTALLATION SERVICES                  PAGE 34

                                        Attachment F

                                RFP 24-564
                    HVAC Repair and Installation Services

                            Attach and label “Offeror’s Client References.”
                          OFFEROR’S CLIENT REFERENCES
                (Please copy this form and use one form per reference.)
                            Attach and label “Offeror’s Client References.”

      _______________________________
      Company Name Providing Reference

      _______________________________
      Address         City/State/Zip

      _______________________________
      Name of Contact Person

      _______________________________
      Telephone Number of Contact Person

      _______________________________
      Email Address of Contact Person

      _______________________________
      Date/Duration of Service Relationship

      Describe in Detail Services Provided (use additional sheets if necessary):
      ____________________________________________________________________________________________

      ____________________________________________________________________________________________

      ____________________________________________________________________________________________

      ____________________________________________________________________________________________


      Important! This is a vital part of your RFP submission. DCSD will verify client references.
      It is advisable that you inform your reference contact person that you have listed them for
      reference.
RFP 24-564                       HVAC REPAIR AND INSTALLATION SERVICES                        PAGE 35

                                      Attachment G

                                RFP 24-564
                    HVAC Repair and Installation Services

             Statement of Confidentiality and Non-Disclosure

      Any non-public information made available to the offeror by DCSD in relation to this RFP shall be
      used only for those purposes outlined in the RFP document and shall not be used in any other way
      without the written permission of the DCSD.

      If the offeror is uncertain about the proposed use of information provided in relation to this RFP,
      the offeror shall consult with the DCSD RFP contact person as identified in the RFP document for
      clarification.

      The offeror agrees to assume full responsibility for protecting the confidentiality of DCSD records
      that are not public information. Such information may include but is not limited to student and
      employee data and other written and oral information of a personal and/or confidential nature, which
      shall be safeguarded by the offeror to ensure that it is not improperly disclosed.



      __________________________________
      Offeror Company Name


      __________________________________
      Company Representative


      __________________________________
      Date
RFP 24-564                            HVAC REPAIR AND INSTALLATION SERVICES                               PAGE 36

                                            Attachment H
                                    RFP 24-564
                        HVAC Repair and Installation Services

                   SUSPENSION AND DEBARMENT CERTIFICATION
By submitting this RFP, the offeror certifies that the proposing 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 offeror complies with
all applicable orders, rules and regulations related thereto.
Further, by submitting this RFP, the offeror 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 offeror 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 RFP
submissions are evaluated and any transaction is entered into. If it is later determined that the prospective offeror
has knowingly rendered an erroneous certification, the DCSD may pursue all available remedies, including but not
limited to suspension and/or debarment.
The prospective offeror shall provide immediate written notice to the DCSD Purchasing Department if at any time
the prospective offeror learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
The prospective offeror agrees by submitting this form that, should the proposed transaction be entered into, the
prospective offeror 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.
By signing and submitting this form, the offeror is providing the certification set out above.


Signature of Engaging Official: ______________________________________________ Date: _____________
                                (Offeror Company Name/Certifying Official Signature)


Further, the DCSD’s Purchasing Department will check the SAMS website at https://www.sams.gov/SAM/ to
determine if the offeror is listed.
RFP 24-564                           HVAC REPAIR AND INSTALLATION SERVICES                             PAGE 37

                                            Attachment I
                                    RFP 24-564
                        HVAC Repair and Installation Services
                                  IMMIGRATION & 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 (the “Offeror”) 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): order to comply with the Act; is authorized to use and uses the federal
            authorization program under the federal work authorization user identification number issued on the
            date of authorization below; will continue to use the authorization program throughout the contract
            period; Offeror further warrants and agrees Offeror 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 who initial (a) must attach and return a signed, notarized
            Contractor Affidavit and Agreement with the Contract if awarded];


or
        (b) _______ (Initial here): Offeror 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 who initial (b) must attach
            and return a signed, notarized Affidavit of Exception with the Contract if awarded];


or

     3) I________ (Initial here): Offeror 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.

     4) _____ (Initial here) Offeror will not employ or contract with any subcontractor in connection with a
        covered contract unless the subcontractor is registered, authorized to use, and uses the federal work
        authorization program; and provides Offeror 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.
RFP 24-564                         HVAC REPAIR AND INSTALLATION SERVICES                           PAGE 38



   5) _____ (Initial here) Offeror agrees that, if Offeror 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
      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-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.




   6) ______ (Initial here) Offeror 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: ___________________________
RFP 24-564                               HVAC REPAIR AND INSTALLATION SERVICES                                      PAGE 39
                                           DEKALB COUNTY SCHOOL DISTRICT
                                                Offeror E-Verify Affidavit

By executing this affidavit, the undersigned Offeror verifies its compliance with Immigration Reform and Control Act of 1986
(IRCA), Pub.L. 99-603, stating affirmatively that the individual firm or corporation which is engaged in services on behalf of the
DeKalb County School District has registered with, is authorized to use and uses the federal work authorization program
commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and
deadlines established by federal law and regulation. Furthermore, the undersigned Offeror will continue to use the federal work
authorization program throughout the contract period. Offeror hereby attests that its federal work authorization user
identification number and date of authorization are as follows:


  Federal Work Authorization User Identification number:

  Date of Authorization:
                                                                   HVAC Repair and Installation Services
  Name of Project:
                                                                   RFP 24-564
  Solicitation Number (if applicable):

  Name of Public Employer:                                         DeKalb County School District

  I hereby declare under penalty of perjury that the foregoing is true and correct.

  Executed on _____, ____, 202__ in ___________________________________, __________
                                                          (city)                          (state)
  Signature of Authorized Officer or Agent

  Printed Name and Title of Authorized Agent:

  SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________, 20___.

  Notary Public

  My Commission Expires:
RFP 24-564                               HVAC REPAIR AND INSTALLATION SERVICES                                   PAGE 40
                                          DEKALB COUNTY SCHOOL DISTRICT
                                    Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively
that the individual firm or corporation which is engaged in the physical performance of services on behalf of the DeKalb County
School District has registered with, is authorized to use and uses the federal work authorization program commonly known
as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established
in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program
throughout the contract period and the undersigned contractor will contract for the physical performance of services in
satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required
by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:


  Federal Work Authorization User Identification number:

  Date of Authorization:

  Name of Subcontractor:
                                                                   HVAC Repair and Installation Services
  Name of Project:
                                                                   RFP 24-564
  Solicitation Number (if applicable):

  Name of Public Employer:                                         DeKalb County School District

  I hereby declare under penalty of perjury that the foregoing is true and correct.

  Executed on _____, ____, 202__ in ___________________________________, __________
                                                          (city)                         (state)
  Signature of Authorized Officer or Agent

  Printed Name and Title of Authorized Agent:

  SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________, 20___.

  Notary Public

  My Commission Expires:
RFP 24-564                               HVAC REPAIR AND INSTALLATION SERVICES                                     PAGE 41
                                         DEKALB COUNTY SCHOOL DISTRICT
                                  Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively
that the individual, firm or corporation which is engaged in the physical performance of services under a contract with
_________________________________________ on behalf of the DeKalb County School District has registered with, is
authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract
period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract
only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-
91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to
the contractor within five (5) business days of receipt. Subcontractor hereby attests that its federal work authorization user
identification number and date of authorization are as follows:

  Federal Work Authorization User Identification Number:

  Date of Authorization:

  Name of Subcontractor:

  Name of Project:
                                                                      HVAC Repair and Installation Services
  Solicitation Number (if applicable):
                                                                      RFP 24-564

  Name of Public Employer:                                            DeKalb County School District

  I hereby declare under penalty of perjury that the foregoing is true and correct.

  Executed on _____, __________, 202___ in __________________________________, __________
                                                             (city)                              (state)
  Signature of Authorized Officer or Agent

  Printed Name and Title of Authorized Agent:

  SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________, 20___.

  Notary Public

  My Commission Expires:
RFP 24-564                               HVAC REPAIR AND INSTALLATION SERVICES                                    PAGE 42
                                        DEKALB COUNTY SCHOOL DISTRICT
                               Sub-subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(4)

By executing this affidavit, the undersigned sub-subcontractor verifies its compliance with O.C.G.A.§ 13-10-91, stating
affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract
for _______________________________________ and ______________________________________ on behalf of the
DeKalb County School District has registered with, is authorized to use and uses the federal work authorization program
commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and
deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned sub-subcontractor will continue to use the federal
work authorization program throughout the contract period and the undersigned sub-subcontractor will contract for the physical
performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the sub-
subcontractor with information required by O.C.G.A §13-10-91(b). The undersigned sub-subcontractor shall submit, at the time
of such contract, this affidavit to ___________________________________________________. Additionally, the undersigned
sub-subcontractor will forward notice of the receipt of any affidavit from a sub-subcontractor to the contractor within five (5)
business days of receipt. Sub-subcontractor hereby attests that its federal work authorization user identification number and
date of authorization are as follows:

  Federal Work Authorization User Identification Number:

  Date of Authorization:

  Name of Sub-subcontractor:

  Name of Project:
                                                                      HVAC Repair and Installation Services

  Solicitation Number (if applicable):
                                                                      RFP 24-564

  Name of Public Employer:                                            DeKalb County School District

  I hereby declare under penalty of perjury that the foregoing is true and correct.

  Executed on ____, __________, 202___ in ___________________________________, __________
                                                             (city)                            (state)
  Signature of Authorized Officer or Agent

  Printed Name and Title of Authorized Agent:

  SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________, 20___.

  Notary Public

  My Commission Expires:
RFP 24-553R                   HVAC REPAIR AND INSTALLATION SERVICES
PAGE 43




                             ATTACHMENT J
                     SAMPLE SERVICE AGREEMENT

                                BETWEEN THE

                  DEKALB COUNTY SCHOOL DISTRICT

                      AND _______________________




              Service Provider: ___________________
              Project Name:     ___________________
              Address: ___________________
                       ___________________



              RFP No.:          24-564
              Description:      HVAC Repair and Installation Services




                                        43
RFP 24-553R                              HVAC REPAIR AND INSTALLATION SERVICES                                   PAGE 44
          THIS SERVICES AGREEMENT and the below referenced documents attached as Exhibits (hereinafter the
  “Service Agreement") is made and entered into by and between the DeKalb County School District (hereinafter the “DCSD”)
  whose address is 1701 Mountain Industrial Boulevard, Stone Mountain, Georgia 30083 and ________________________
  (hereinafter the "Service Provider") whose physical address is ________________________. DCSD and Service Provider are
  referred to herein collectively as the “Parties” and individually as a “Party.”

         WHEREAS, DCSD desires to retain the services of a competent and qualified Service Provider to provide
  _______________________________ services; and

        WHEREAS, the DCSD has solicited for these services via an advertised request for proposals and has received
  numerous responsive proposals thereto; and

         WHEREAS, after review and consideration of all responsive proposals, DCSD intends to engage the Service
  Provider to provide _______________________________         services; and

          WHEREAS, the Service Provider remains agreeable to provide DCSD the _______________________________
  services and represents that it is competent, qualified, capable, and prepared to do so according to the terms and conditions
  stated herein;

          The Service Agreement consist of:

          a. This Service Agreement (Agreement for Services);
          b. Request for Proposal (RFP) No. 24-564 (Exhibit A);
          c. The Service Provider’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 Service Provider that have not been explicitly accepted by DCSD in writing in this Service
             Agreement shall not be included in this Service 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 Service Agreement together with the aforementioned exhibits collectively forms the Service Agreement. All prior and
  contemporaneous negotiations and Service Agreements between the Parties on the matters contained in this Service Agreement
  are expressly merged into and superseded by this Service Agreement. DCSD 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
  Provider’s liability or any other third party's liability, limitation of warranties, packaging, invoices, service catalog, brochure,
  technical data sheet, electronic disclosures, electronic Service Agreements, or other document which attempts to impose any
  conditions at variance with or in addition to the terms and conditions of this Service Agreement.

  Any inconsistency or conflict among the specific provisions of this Service Agreement shall be resolved as follows:

          a. First, by giving preference to the specific provisions of this Service Agreement and any change orders or
             modifications issued after execution of this Service Agreement;

          b. Second, by giving preference to the specific provisions of the RFP attached hereto as Exhibit “A;”

          c. Third, by giving preference to the specific provisions of Service Provider’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 Service Provider that have not been
             explicitly accepted by DCSD in writing in this shall not be included in this Service Agreement and shall
             be given no weight or consideration.

          NOW, THEREFORE, in consideration of the mutual promises, covenants and Service Agreements stated herein, and
  for other good and valuable consideration, the sufficiency of which is hereby acknowledged by the Parties, DCSD and the
  Service Provider agree as follows:
RFP 24-553R                              HVAC REPAIR AND INSTALLATION SERVICES                                  PAGE 45


                                                            ARTICLE 1

                                         PARTIES TO THE SERVICE AGREEMENT

  The DCSD’s address and its contact person are:

            DeKalb County School District
            1701 Mountain Industrial Blvd.
            Stone Mountain, GA 30083

            Attention: _______________________________

            Phone:      ____________
            Fax:        ____________
            Email:      _______________________

  With a copy to:

            DeKalb County School District
            1701 Mountain Industrial Boulevard
            Stone Mountain, Georgia 30083

            Attention: Dr. Devon Horton, Superintendent


  The Service Provider’s contact information is:

  Company Name: _____________________
  Address:        _____________________
                    _____________________
  Contact Person: _____________________
  Title:           _____________________

  Phone No. Office: _________________________

  Email:              __________________________

           Any notice or consent required to be given by or on behalf of any Party hereto to any other Party hereto shall be in
  writing an shall be sent to DCSD or to the Service Provider by (a) registered or certified United States mail, return receipt
  requested, postage prepaid, (b) personal delivery, or (c) overnight courier service. All notices sent to the above addresses shall
  be binding unless said address is changed, and provided in writing to the other Party, no less than fourteen days before such
  notice is sent.
                                                             ARTICLE 2

                                                 DURATION OF AGREEMENT

  2.1               Agreement Term. The term of this Service Agreement begins on the date executed by the last Party to
        execute below (hereinafter the “Effective Date”). The performance period for this Service Agreement is one (1) year
        from the Effective Date.

  2.2                Agreement Renewal. 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 DCSD. Additionally, as
        required by O.C.G.A. § 20-2-506, this Service Agreement shall terminate absolutely and without further obligation on the
        part of DCSD 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
RFP 24-553R                              HVAC REPAIR AND INSTALLATION SERVICES                                PAGE 46
        DCSD terminates this Service Agreement, by providing Service Provider with thirty (30) days advance notice of
        termination prior to the end of the calendar year. Renewal will depend upon the best interests of the DCSD, funding, and
        Service Provider’s performance subject to the other termination methods available to the DCSD herein.

  2.3               Total Obligation. Pursuant to O.C.G.A § 20-2-506(b), DCSD’s total obligation under this Agreement is as
        follows:

                    FY 2024 $_______________________

                                                           ARTICLE 3

                                                     SCOPE OF SERVICES

           3.1     DCSD does hereby retain Service Provider to furnish those services and to perform those tasks (collectively,
  the “Services”) as further described in (i) the DCSD’s Request for Proposal ________, to include all attachments and addenda,
  attached hereto as Exhibit “A” and incorporated herein by reference; and (ii) the Service Provider’s final responsive thereto,
  attached hereto as Exhibit “B” and incorporated into this Agreement by this reference. A complete copy of the Scope of Work
  section of RFP #24-556, to include the Service Provider’s final responsive proposal, is attached as Exhibit “B” and made a part
  of this Service Agreement.


         3.2     Service Provider shall be solely responsible for the professional quality, accuracy, competence,
  methodology, and the coordination of all Services performed pursuant to this Agreement.

           3.3      DCSD’s review, approval, or acceptance of any of the Service Provider’s Services shall not be construed to:
  (i) operate as a waiver of any rights the DCSD possesses under this Agreement; or (ii) waive or release any claim or cause of
  action arising out of the Service Provider’s performance or nonperformance of this Agreement. The Service Provider shall
  always remain liable to the DCSD in accordance with applicable law for any and all damages to the DCSD caused by the
  Service Provider’s breach of this Agreement.


                                                           ARTICLE 4

                                                       COMPENSATION

          4.1         The Service Provider agrees that the compensation for all services under this Service Agreement shall be
  the specific price set forth in the attached Exhibit “A” and Exhibit “B.” There shall be no add-on charges of any kind.




                                                               ARTICLE 5

                                                 WORKING RELATIONSHIP

           5.1        The Service Provider will function in cooperation with the DCSD’s designated representative, which is set
  forth in Article 1 of this Service Agreement. The Service Provider will consult with the DCSD’s representative before finalizing
  recommendations or taking action at Program milestones or other key decision points. The Service Provider shall fully
  cooperate with the DCSD and, if applicable, the DCSD’s representative or designee. Such cooperation shall include, without
  limitation, providing any requested information to the DCSD’s representative and advising, meeting with, consulting with, and
  coordinating with the DCSD’s representative.

          5.2        The DCSD shall have the right, at its sole discretion, to demand and require the Service Provider to remove
  any employee or subcontractor working for the Service Provider on the Program and to replace the employee or subcontractor
  without cost or liability to the DCSD.
RFP 24-553R                             HVAC REPAIR AND INSTALLATION SERVICES                                   PAGE 47
           5.3      For purposes of safety and otherwise, the Service Provider, at all times, shall ensure its ability to thoroughly
  and clearly communicate, in any and all necessary languages, with the DCSD representative and with the Service Provider’s
  employees, agents, representatives, and subcontractors. The Service Provider agrees to employ one or more supervisory-level
  personnel capable of thoroughly and clearly communicating, in any and all necessary languages, with the DCSD’s
  representative and with the Service Provider’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 Service Agreement shall be performed.

          5.4       The Service Provider shall ensure that any and all electronic devices, computers, software, hardware,
  equipment and other similar and related items that are utilized by the Service Provider, or any entity or person under the Service
  Provider’s supervision or control, do not harm, or allow harm, to the DCSD’s computers, systems, networks, and technology.
  The Service Provider shall take any and all measures possible to protect the DCSD’s computers, systems, networks, and
  technology from viruses and other malicious codes.

                                                            ARTICLE 6

                                           INVOICING AND AGREEMENT PRICE

          6.1     Invoices. The Service Provider shall submit invoices, to DCSD, for services rendered pursuant to the attached
  Exhibit “A” and Exhibit “B.” Invoices will be paid by DCSD within thirty (30) days after receipt of the invoice from the Service
  Provider. All invoices shall be submitted by Service Provider shall be submitted to: Ms. Carla Smith, Vendor Services
  Executive Director, DeKalb County School District, 1701 Mountain Industrial Boulevard, Stone Mountain, Georgia, 30083.


           6.2      Agreement Price. DCSD shall pay, and the Service Provider shall accept, as full and complete payment for
  the Contractor's timely performance of its obligations hereunder the fixed price listed in Section 2.3. The price set forth
  in Paragraph 2.3 shall constitute the Agreement Price, which shall not be modified except where evidence acceptable to DCSD
  of changed market conditions and indices is produced. Price modification requests may only be made once annually and, if
  approved, will only become effective upon the next renewal of the Agreement. Any such proposed price escalation /de-
  escalation must be presented in writing with substantiating proof to DCSD, for approval, a minimum of ninety (90) days prior
  to taking effect at the next renewal of the Agreement.

                                                                ARTICLE 7

                                      CANCELLATION OR TERMINATION BY DCSD

           7.1        DCSD reserves the right to cancel or terminate this Service Agreement at any time for any reason, with
  notice in writing to the Service Provider. In the event of cancellation or termination, the DCSD shall pay to the Service Provider
  all compensation earned for actual services rendered. Any cancellation or termination by DCSD shall be effective within thirty
  (30) business days of the receipt of such cancellation or termination to Service Provider by DCSD.

          7.2 Upon termination of this Service Agreement, the Service Provider shall:

                  7.2.1    Cease work under the Service Agreement and take all necessary or appropriate steps to limit
                           disbursements and minimize costs

                  7.2.2    Immediately cease using and return to the DCSD, any personal property or materials, whether
                           tangible or intangible, provided by the DCSD to the Service Provider

                  7.2.3    Cooperate in good faith with the DCSD and its employees, agents and contractors during the
                           transition period between the notification of termination and the substitution of any replacement
                           contractor(s); and

                  7.2.4    Immediately return to the DCSD any payments made by the DCSD for Services that were not
                           delivered or rendered by the Service Provider.
RFP 24-553R                              HVAC REPAIR AND INSTALLATION SERVICES                                  PAGE 48


                                                            ARTICLE 8

                                                INDEPENDENT CONTRACTOR

          8.1        The Service Provider and its employees shall perform as an independent contractor and not an employee or
  representative of the DCSD. The Service Provider retains sole and exclusive liability for all contributions, taxes or payments
  required to be made on account of the Service Provider’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 Provider shall maintain strict discipline among all personnel employed at
         DCSD, 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 Provider shall use any tobacco product while at any Program site, on
  any property owned by DCSD or at any function or event sponsored by or held on behalf of DCSD.

           8.3     The Service Provider agrees that the Service Provider is not an employee of DCSD for purposes of the Patient
  Protection and Affordable Care Act, 42 U.S.C. § 18001, et seq. (“ACA”), or for any other purpose. The Service Provider
  agrees that the Service Provider will be responsible for reporting requirements under the ACA and certifies that the Service
  Provider has their own individual health plan coverage. The Service Provider agrees that the Service Provider shall make the
  necessary federal, state, and local filings and returns as required by law at the appropriate times, including, but not limited to,
  federal, state, and local income tax (including estimates), filings and returns required by the Self-Employment Contribution
  Act, and any other filing or return, required by federal, state, or local government. With respect to ACA compliance obligations,
  Service Provider acknowledges and agrees that:

              •    Service Provider is responsible for filing Form 1094-C and Form 1095-C with respect to all
                   assigned workers assigned to DCSD;

              •    Service Provider is responsible for compliance with Internal Revenue Code Section 4980H
                   with respect to assigned workers;

              •    If requested by DCSD in connection with any governmental audit or inquiry, Service Provider
                   will cooperate in furnishing DCSD with detailed information on assigned workers as
                   reasonably needed for DCSD to respond to such audit or inquiry, and at no additional charge;

              •    Service Provider will offer health plan coverage to assigned workers (and their dependents)
                   that complies with the ACA's minimum value and affordability requirements and, during the
                   term of their staffing Service Agreement; and

              •    In addition to any existing indemnification obligations set forth in Article 20, herein, Service
                   Provider agrees to reimburse DCSD for any penalty or tax imposed against DCSD with respect
                   to any assigned worker, and to indemnify and hold harmless DCSD against all liabilities,
                   penalties and fees that may be imposed upon DCSD, under Internal Revenue Code Section
                   4980H(a) or (b); provided that DCSD will provide prompt notice to Service Provider of its
                   receipt of any notice of assessment of penalty or taxes under Code Section 4980H and Service
                   Provider will cooperate fully with DCSD in contesting such assessment and accepting
                   responsibility for its assigned workers.
RFP 24-553R                             HVAC REPAIR AND INSTALLATION SERVICES                                   PAGE 49
                                                            ARTICLE 9

                                              RESPONSIBILITY FOR SERVICES

           9.1        In the performance of this Service Agreement, the Service Provider 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. Service Provider shall be responsible for the accuracy of its Services
  and any error and/or omission made by the Service Provider in any work under this Service Agreement. Services performed
  by the Service Provider shall be subject to review and acceptance in stages as required by the DCSD. Acceptance shall not
  relieve the Service Provider of its professional obligation to correct, at Service Provider’s own expense, any errors in the S.

           9.2        If Services performed by the Service Provider fail to meet the standards set forth in Paragraph 9.1, the DCSD
  may elect to have the Service Provider re-perform, or cause to be re-performed, at no cost to the DCSD any of the Services
  which fail to meet said standards where: (i) such failure appears during the performance of the Service Provider’s Services or
  within one year from the date of completion of the Service Provider’s Services, and (ii) the DCSD notifies Service Provider of
  any such failure within sixty (60) days of the time that the failure becomes apparent. This Paragraph 9.2 shall not be interpreted
  to limit the right of the DCSD to pursue and obtain any and all other remedies against the Service Provider at law or in equity.

          9.3       Service Provider warranties that any goods to be produced to or delivered to DCSD during the course and
  scope of work for this Program will be of merchantable quality, free from defects in materials and workmanship.

          9.4        DCSD acknowledges that the Service Provider shall be entitled to rely on the accuracy and currency of
  information supplied by the DCSD or by any of the DCSD’s contractors or consultants, or available from generally accepted
  reputable sources.

          9.5       DCSD MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED.

                                                           ARTICLE 10

                                             OWNERSHIP OF WORK PRODUCT

          10.1       Any reports, recommendations, estimates, specifications, drawings, technical data, sketches, computer
  software, and all other information developed, created, procured or requested by the Service Provider in connection with its
  performance under this Service Agreement (the “Information”) shall be the property of the DCSD. In entering into this Service
  Agreement, the Service Provider hereby transfers to the DCSD all rights, title, and interest, including the copyright, in and to
  the Information.

          10.2       Any reports, recommendations, estimates, specifications, 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 DCSD. This provision shall not act to transfer rights of DCSDs of standard software or specification
  packages for which copyright is retained by the developer.

          10.3      All original technical data, evaluations, reports and other work product of the Service Provider shall be
  delivered to the DCSD upon the completion, cancellation or termination of Services under this Service Agreement within three
  (3) business days of such completion, cancellation or termination. The Service Provider may retain one (1) copy of all
  documents produced by the Contractor for its permanent file.

                                                           ARTICLE 11

                                                ACCOUNTING AND RECORDS

          11.1        The Service Provider shall maintain a system of accounting and record keeping for all Services. Further, the
  Service Provider will allow the DCSD’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 Service Agreement.
RFP 24-553R                              HVAC REPAIR AND INSTALLATION SERVICES                                   PAGE 50
                                                            ARTICLE 12

                                                  COMPLIANCE WITH LAWS

          12.1      The Service Provider 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 Service
  Agreement including but not limited to laws governing health, safety, the protection or preservation of the environment, and
  occupational licensing.

                                                            ARTICLE 13

                                           EQUAL EMPLOYMENT OPPORTUNITY

           13.1       The Service Provider 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 Provider 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 14

                                                      CONTINGENCY FEES

          14.1       The Service Provider represents that it has not employed and shall not employ any person other than its own
  principals and employees to solicit this Service Agreement or any contract with the DCSD, 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 Service Agreement or any other contract with the DCSD

                                                            ARTICLE 15

                                                       SUBCONTRACTORS

           15.1      Service Provider shall manage all work and Services performed under this Service Agreement. Upon the
  DCSD’s prior written consent, the Service Provider may subcontract all or part of the Services to be provided. In such event,
  the rights and obligations of the Service Provider and the DCSD will not be diminished.

           15.2      All of the Service Provider’s Subcontractors shall be directly responsible to Service Provider and shall be
  under the Service Provider’s direct supervision. The Service Provider shall be as fully responsible and accountable to the DCSD
  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 Service Agreement as the Service Provider is for the acts and omissions of persons it directly
  employs. Other than the DCSD being a third-party beneficiary to any Service Agreement between the Service Provider and its
  Subcontractors, no other contractual relationship between DCSD and any subcontractor is created by any provision contained
  in this Service Agreement.

           15.3      If the Service Provider utilizes Subcontractor(s) with respect to this Service Agreement then the Service
  Provider will require Subcontractor(s) to comply with all terms and conditions of this Service Agreement 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.
RFP 24-553R                             HVAC REPAIR AND INSTALLATION SERVICES                                   PAGE 51
                                                           ARTICLE 16

                                                 SUCCESSORS AND ASSIGNS

           The Service Provider 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 DCSD. 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 17

                                                           INSURANCE

          17.1      The Service Provider and all Subcontractors shall maintain insurance in the types and coverage amounts
  shown below, which insurance shall provide coverage for Service Provider during the term of this Service Agreement. Prior
  to the date the Service Provider signs this Service Agreement, the Service Provider shall provide the DCSD 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 DCSD requests.

           17.2       If the Service Provider is a joint venture involving two (2) or more entities, then each independent entity
  shall satisfy the limits and coverages specified below or the joint venture will be a named insured under each respective policy
  specified.

          17.3      The insurance requirements of this Service Agreement 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

          Professional Liability

          Umbrella or Excess Insurance

          17.4      The Service Provider waives all rights, including rights of subrogation, against the DCSD 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.

          17.5    Certificates of Insurance must be executed with the following provisions:
                  (a) Certificates to contain policy number, policy limits, and policy expiration date of all policies issued in
                      accordance with this Service Agreement;
                  (b) Certificates to contain the project number, location of property, name of property and operations
                      information to which the insurance applies;
                  (c) Certificates are to be issued to:
RFP 24-553R                              HVAC REPAIR AND INSTALLATION SERVICES                                   PAGE 52
                       DeKalb County School District
                       DeKalb County Board of Education
                       1701 Mountain Industrial Blvd.
                       Stone Mountain, GA 30083
                       Attention: Risk Management Department
                   (d) Certificates shall state that the policy or policies shall not expire, be cancelled or altered without at least
                       sixty (60) days prior written notice to the DCSD.
                   (e) Service Provider shall be responsible and have the financial wherewithal to cover any deductibles or
                       retentions included on the certificate of insurance.


                                                            ARTICLE 18

                       ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT OF 2011

        18.1 The Illegal Immigration Reform and Enforcement Act of 2011 applies to and is a requirement for all DCSD
  Contracts for physical performance of services (i.e. public works contracts).



        18.2 Service Provider’s compliance is set forth in Exhibit “B”. The Service Provider warrants and represents that
  evidence of the Service Provider and their subcontractor(s)’ compliance by completing the following forms is included in
  Exhibit “B” and incorporated herein as reference:
               (a) Immigration and Security Certification
               (b) Contractor Affidavit
               (c) Subcontractor Affidavit
               (d) Sub-Subcontractor Affidavit

                                                            ARTICLE 19

                                                  TERMINATION FOR CAUSE

          19.1     Either Party hereto may terminate this Service Agreement upon giving seven (7) days prior written notice to
  the other Party in the event that such other Party substantially fails to perform its material obligations set forth herein. Any
  Party seeking to terminate this Service Agreement for cause shall, as a condition precedent to the termination of this Service
  Agreement, provide the other Party written notice specifically describing its failure to perform its material obligations and
  allow that Party thirty (30) days after receipt of the notice in which to cure any performance deficiency.

                                                            ARTICLE 20

                                                       INDEMNIFICATION

           20.1      The Service Provider agrees to hold harmless and indemnify the DCSD, its Board, officers, employees and
  representatives (herein “Released Parties”) 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, or financial loss, 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 Provider or any subcontractor(s), or as a result of defective Services under this Service Agreement.

          20.2       The Service Provider further agrees to release, indemnify, defend and hold harmless the Released Parties
  from any and all claims, demands, rights, liabilities and causes of action inuring to the Service Provider from events over which
  the Released Parties exercise no control. The Service Provider further agrees to indemnify, defend and hold harmless the
  Released Parties from any and all claims, demands, rights, liabilities and causes of action arising out of DCSD’s performance
  under this Service Agreement.
RFP 24-553R                               HVAC REPAIR AND INSTALLATION SERVICES                                    PAGE 53


                                                             ARTICLE 21

                                               AGREEMENT ADMINISTRATION

          21.1       DCSD and the Service Provider 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 Service Agreement. The
  DCSD’s representative shall have no power or authority to change this Service Agreement, or to execute or agree to any change
  orders. The DCSD may change its representative or declare a designee by written notice to the Service Provider.

           21.2       To be binding against the DCSD, and as a condition precedent thereto, any addition, deletion or modification
  to the terms of this Service Agreement must be in writing and signed by the DCSD. The Service Provider acknowledges that
  the DCSD does not, and will not be deemed to, waive this condition precedent under any circumstances.

          21.3      Failure of the DCSD or the Service Provider to insist in any one or more instances on performance of any of
  the terms and conditions of this Service Agreement, or to exercise any right or privilege contained in this Service Agreement
  or the waiver of any breach of the terms and conditions of this Service Agreement, 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 Provider and the DCSD 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 Service Agreement shall be governed by the laws of the State of Georgia.

                                                             ARTICLE 22

                                                         PUBLIC RECORDS

         22.1        The laws of the State of Georgia, including the Georgia Open Records Act, as provided in O.C.G.A. Section
  50-18-70 et seq., require procurement records and other records to be made public unless otherwise provided by law.

                                                             ARTICLE 23

                                                         FORCE MAJEURE

           23.1        The Service Provider will not be responsible or liable in any way for delay or failure to perform its obligations
  under this Service Agreement 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 24

                                                              CAPTIONS

           24.1      The headings in this Service Agreement are for the convenience of the Parties hereto and shall in no way
  affect the construction or interpretation of this Service Agreement or any part hereof.
RFP 24-553R                              HVAC REPAIR AND INSTALLATION SERVICES                                   PAGE 54
                                                            ARTICLE 25

                                     ENTIRE SERVICE AGREEMENT

          25.1      This Service Agreement constitutes the entire and exclusive Service Agreement between the Parties with
  reference to the Services and supersedes any and all prior communications, discussions, negotiations, understandings, or
  Service Agreements. This Service Agreement may be amended only by a writing signed by both the DCSD and the Service
  Provider. The signature of Service Provider below, represents to DCSD that he/she is duly authorized to execute and deliver
  this Service Agreement on behalf of Service Provider.

                                                            ARTICLE 26

                                                        MISCELLANEOUS

         c.        26.1 Unless otherwise expressly provided to the contrary in this Service Agreement, the term “day” shall
  mean calendar day.

           d.        26.2 Any claim, dispute or other matter in question arising out of or related to this Service Agreement 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 Provider’s services, the Service Provider 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 DCSD and Service Provider 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 Mediation Rules of the American
  Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other Party to this Service
  Agreement 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 Service 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.

           e.        26.3 The exclusive venue for any civil action arising out of or related to this Service Agreement shall be in
  the federal, superior, or state courts of DeKalb County, Georgia. If any civil action is instituted to interpret, enforce or rescind
  this Service Agreement, the prevailing party in such lawsuit shall be entitled to recover, in addition to any other relief awarded,
  its reasonable attorney fees and other fees, costs, and expenses of every kind, incurred in connection with the lawsuit.

           f.         26.4 If any provision of this Service Agreement or the application thereof to any person or circumstance
  shall to any extent be held invalid, then the remainder of this Service Agreement or the application of such provision to persons
  or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and each provision of this Service
  Agreement shall be valid and enforced to the fullest extent permitted by law.
           g.         26.5 This Service Agreement may be executed in several counterparts, each of which shall be deemed an
  original, and all such counterparts together shall constitute one and the same Service Agreement. A scanned or photocopy of
  an original signature shall be deemed an original for purposes of this Service Agreement.

           26.6 Service Provider, and all personnel of Service Provider, agree to a background check. The Service Provider, and
  all personnel of Contractor, 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 Service Provider. Additionally, any
  charges against the Service Provider, or personnel, 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 personnel named in the check result, not
  provide services to DCSD premises. Any failure of the Service Provider, or personnel, to obtain a criminal records background
  check through DCSD, as stated herein, may result in termination of any resulting contract between Service Provider and DCSD.
  Confirmation of background checks must be submitted in writing prior to commencement of any services to DCSD to: Ms.
  Carla Smith, Purchasing Manager III, DeKalb County School District, 1701 Mountain Industrial Boulevard, Stone Mountain,
  Georgia, 30083.
RFP 24-553R                           HVAC REPAIR AND INSTALLATION SERVICES                               PAGE 55


           26.7 Service Provider shall obtain prior written approval from DCSD’s Department of Communications before the
  distribution of any news, press release or any marketing materials, by Service Provider, which mentions DCSD, DeKalb County
  Board of Education, or any of the schools or centers within DCSD, or uses DCSD’s logo or trademark. All requests for prior
  written approval shall be sent to: Communications Department, DeKalb County School District, 1701 Mountain Industrial
  Blvd., Stone Mountain, Georgia, 30083.
RFP 24-553R                       HVAC REPAIR AND INSTALLATION SERVICES                        PAGE 56


  IN WITNESS WHEREOF, the DCSD and the Service Provider, agreeing to the above terms and conditions and
  intending to be legally bound and each acting through persons duly authorized, have placed their signatures on
  duplicate original copies of this Service Agreement.


  DCSD:                                             SERVICE PROVIDER:

  DEKALB COUNTY SCHOOL DISTRICT                     _________________________




  By:                                               By:
          [Signature]                                      [Signature]             [SEAL]

  Dr. Devon Horton, Superintendent     Print Name:___________________________

                                                    Title:_______________________________

  1701 Mountain Industrial Blvd                     __________________
  Stone Mountain, GA 30083                          __________________
                                                    Address


  __________________________________                __________________________________
          [Date of Execution]                              [Date of Execution]
RFP 24-553R     HVAC REPAIR AND INSTALLATION SERVICES        PAGE 57
                              EXHIBIT “A”

              DeKalb County School District RFP No. 24-564

                                  For

                HVAC Repair and Installation Services
RFP 24-553R                      HVAC REPAIR AND INSTALLATION SERVICES                    PAGE 58


                                               EXHIBIT “B”

                               Service Provider’s Proposal including pricing

                                   and any applicable Scope of Services

                        and any applicable Payment and Payment Terms Schedule

                          attached except that objections or amendments by the

         Service Provider that have not been explicitly accepted by DCSD in Writing In this Service

               Agreement and Contract shall not be included in the Contract Documents Or this

                       Service Agreement and shall be given no weight or consideration
RFP 24-553R                HVAC REPAIR AND INSTALLATION SERVICES                PAGE 59
                                        EXHIBIT “C”



                         DeKalb County Board of Education Directive

              Signed by the Superintendent and dated ________________________
RFP 24-553R         HVAC REPAIR AND INSTALLATION SERVICES           PAGE 60


                                  EXHIBIT “D”

              Notice of Award Letter Dated ______________________
RFP 24-553R      HVAC REPAIR AND INSTALLATION SERVICES   PAGE 61




              END OF EXHIBITS
RFP 24-553       ___        HVAC MAINTENANCE AND REPAIR SERVICES ____________                   PAGE 62



                                       Attachment K

                                   RFP 24-564
                       HVAC Repair and Installation Services


                                       SIGNATURE PAGE

I certify that I have read this RFP document in its entirety and agree to conform to and comply with the
terms, conditions and requirements of this RFP. I also certify that I am a duly appointed official of the
offering company with the authority to authorize and engage this RFP submittal. Further, I certify that the
contents of the response to this RFP are true, accurate and complete.



______________________________                  _______________________________
Printed Name/Engaging Authorized                Position/Title
Company Official

                                                _______________________________
                                                Offeror’s Company Name


_______________________________                 ________________________________
Signature/Engaging Authorized                   E-mail address
Company Official


________________________________
Telephone Number


______________________________
Date
RFP 24-553   ___   HVAC MAINTENANCE AND REPAIR SERVICES ____________   PAGE 63




                   END OF RFP