RFP #GK-203817 - FULL SERVICEMAINTENANCE - HVAC … · 1 request for proposal rfp #gk-203817 - full...

1

REQUEST FOR PROPOSAL RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE

MAINTENANCE, CHEMICAL TREATMENT, FILTER REPLACEMENT AND COIL CLEANING AND REPLACEMENT

I. NOTICE TO OFFERORS

The Dallas Independent School District is seeking proposals from prospective service providers for Full Service Maintenance for all Dallas ISD HVAC and related Mechanical Systems. The District will award this RFP to one or more respondents, based upon the evaluation of all proposals received. One or more contracts for Full Service Maintenance Services for all Dallas ISD HVAC and Mechanical Systems will be executed with the successful vendor(s) as a result of this process. Additional details are included in the Specifications/Scope of Work section of this Request for Proposal document. Proposals shall be submitted in an envelope marked on the outside with the offeror’s name and address and proposal number (RFP # GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE MAINTENANCE, CHEMICAL TREATMENT, FILTER REPLACEMENT AND COIL CLEANING AND REPLACEMENT) to:

Gary Kerbow Purchasing Department Dallas Independent School District ISD 3700 San Jacinto Street Dallas, TX 75204 Proposals will be received at the above address until 2:00 PM CDST, November 30, 2011. Proposals will be opened as received. Prices will not be read, nor disclosed in any other manner until award is made. Proposals received after 2:00 p.m. CDST on date due will not be considered. A Pre-Proposal Conference will be held in conjunction with the Request for Proposal at 2:00 p.m. on October 5, 2011 at 3700 Ross Avenue, Room 346, Dallas, Texas 75204. Faxed proposals will not be accepted. Proposals must be submitted in sufficient time to be received and time-stamped at the above location on or before the published date and time shown on the RFP. Dallas ISD will not be responsible for mail delivered from the post office. Vendors must submit sealed proposals in the form of the executed Offer Form and Price Offer Sheets together with any material required by this RFP by the time and date specified. All proposals must remain open for ninety (90) days from the opening date pending acceptance by Dallas ISD. Gary D. Kerbow, Director of Purchasing Date: September 28, 2011

2

II. INSTRUCTIONS TO OFFERORS RFP # GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE


1.0 GENERAL. The following instructions by the Dallas Independent School District (DISD) are intended to afford offerors an equal opportunity to participate in the proposal process. 1.1 Before submitting an offer to this solicitation, offerors shall familiarize themselves with all parts of this solicitation because these parts become a part of any resulting contract. 1.2 Offerors shall familiarize themselves with existing conditions in the material and labor markets prior to submission of an offer. The fact that an offer (bid/proposal) is submitted will be construed by the Dallas ISD Board of Trustees to indicate that the offeror agrees to carry out the furnishing of products/services in full accordance with the specifications and other contract documents not withstanding existing material and labor markets’ conditions. 1.3 Any explanation desired by an offeror regarding the meaning or interpretation of these instructions or any other RFP documents must be requested in writing to Dallas ISD, Director of Purchasing, 3700 San Jacinto St., Dallas, Texas 75204 with sufficient time allowed for a reply to reach offerors before the submission of their offers. Oral explanations or instructions will not be binding. Any information given to a prospective offeror will be furnished to all prospective offerors as an amendment to the RFP if such information is necessary to offerors in submitting proposals or if the lack of such information would be prejudicial to uninformed offerors. 1.4 A functional area expert or a day-to-day contract administrator or manager for Dallas ISD may be identified elsewhere in this document. Functional area experts, day-to-day contract administrators/managers, teachers, principals, and/or other District employees are not authorized to substantially amend this solicitation document or to substantially modify the subsequent contract. Substantially includes, but is not limited to, changes to delivery dates, place of delivery, and/or specifications that significantly alter the form, fit, and function of a product or the scope of work of a service. Amendments to solicitation documents will be made by the Director of Purchasing. Modifications to contracts/agreements will be made by the Director of Purchasing, and/or the Superintendent in accordance with the Dallas ISD Board’s guidance, policies, and/or procedures. If a vendor acts on the guidance of a District employee that is not authorized to make changes, the vendor does so at his or her own risk or peril. Also, if a vendor attempts, or gains, a modification/amendment from a District employee that is not authorized to make changes, the vendor does this at his or her own risk or peril and risks the termination of his or her contract/agreement. 1.5 Dallas ISD’s procurement official for this contract is Gary Kerbow, Director of Purchasing. Questions regarding specifications may be directed to Mr. Kerbow by e-mail at [email protected]. (See Paragraph 11.0, Proposal Schedule, Section V, Scope of Work for additional information and restrictions related to the submission of questions.)

1.5.1 - Dallas ISD’s technical/functional expert(s) for this contract is Michael P. Brown. This/these individual(s), or his/their designees, will be responsible for providing answers to questions related to the technical aspects of this RFP, while Mr. Kerbow will provide answers related to contractual and procedural issues. ALL questions are to be directed to Mr. Kerbow who will forward them to the functional experts for response.

1.6 The terms offeror, contractor, proposer, vendor, and/or bidder refer to the person/firm that submits the offer to this solicitation document. The terms Dallas ISD, owner, District, and/or government entity refer to Dallas Independent School District.

3

2.0 SPECIFICATIONS. Offerors are expected to examine the specifications, standard provisions and all instructions. Failure to do so will be at the offeror's risk. Offers submitted on other than authorized forms or with different terms or provisions may be considered to be non-responsive. 3.0 INFORMATION REQUIRED. Each offeror shall furnish the information required by the RFP documents. The offeror shall sign the Offer Form and the Felony Conviction Notification and return with the offer. Erasures or other changes must be initialed by the person signing the documents. Proposals signed by an agent are to be accompanied by evidence of his authority unless such evidence has been previously furnished to Dallas ISD. 4.0 SUBMISSION OF PROPOSALS. The offeror should propose his/her lowest and best price, F.O.B. destination, on each item. Sealed proposals shall be submitted in an envelope marked on the outside with the offeror’s name and address and the RFP number/name. Proposals must be submitted in sufficient time to be received and date/time stamped at Dallas ISD’s Purchasing Office on or before the published deadline date and time shown on the RFP. Proposals received after the published time and date cannot be considered and will be returned unopened. Faxed proposals will not be accepted. Proposals may be delivered in person or addressed to: Director of Purchasing 3700 San Jacinto Street Dallas, Texas 75204 4.1 All prices shall be entered on the proposal in ink or typewritten. All required signatures shall be original and in ink. 4.2 Proposed price should be firm (fixed). If the offeror, however, believes it necessary to include in his/her price an economic price adjustment, such a proposal may be considered, but only as an alternate proposal. The economic price adjustment should give the maximum price increase (either % or $) and the date and/or event at which the increase would be effective. 4.3 Dallas ISD is exempt from federal excise taxes, state and local sales and use taxes. 4.4 Failure to manually sign the offer will disqualify it. 5.0 DISCUSSIONS/NEGOTIATIONS. Discussions/negotiations may be conducted with offerors who are deemed to be within the final competitive range; however, Dallas ISD reserves the right to award a contract(s) without discussions/negotiations. The competitive range will be determined by Dallas ISD’s Director of Purchasing and will include only those initial offers that the Director of Purchasing determines have a reasonable chance of being awarded a contract. If discussions/negotiations are conducted, offerors will be required to submit a best and final offer. The best and final offers may be required as early as 24 hours after completion of negotiations/discussions. 6.0 BEST AND FINAL OFFERS. If discussions/negotiations are conducted, offerors will be required to submit a best and final offer if price/delivery is changed from the originally submitted proposal. Best and final offers must be received by the date/time provided during discussions/negotiations or the originally submitted proposal will be used for further evaluation and award recommendation. 7.0 MODIFICATION OR WITHDRAWAL OF PROPOSALS. Proposals may be modified or withdrawn by written or telegraphic notice received by Dallas ISD prior to the exact hour and date specified for receipt of proposals. A proposal may also be withdrawn in person by an offeror or his/her authorized representative prior to the opening date/time, provided the offeror's identity is made known and he or she signs a receipt for the proposal. 8.0 OPENING PROPOSALS. All proposals shall be opened as soon as received. A formal "opening" will not be held and prices will not be read. Trade secrets and confidential information contained in proposals shall not generally be open for public inspection, but Dallas ISD’s records are a matter of public record.

4

III. GENERAL CONDITIONS RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE


1.0 SCOPE OF PROPOSAL.

1.1 The Dallas Independent School District (Dallas ISD) is accepting proposals from qualified vendors to provide full coverage maintenance services for all heating, ventilation, air conditioning (HVAC) and related mechanical systems owned and operated by the District. The District’s goal is to engage the services of one or more vendors that will maintain the equipment and systems, per manufacturer recommendations, to perform at the highest level of efficiency and occupant comfort, to minimize unscheduled downtime, and extend equipment life. 1.2 Vendors should be prepared to provide the necessary management, supervision, labor, parts, materials, tools, vehicles and equipment required to perform all preventive maintenance and corrective maintenance (repairs and service calls) at the Dallas ISD facilities they bid. 1.3 Filter replacement, coil cleaning and replacement, and water treatment are currently provided under separate contracts with the District, but these services will be added to this contract and included in this procurement. 1.4 Dallas ISD will continue to operate DDC and non-DDC controls as well as Building Automation Systems (BAS) with in-house personnel. Those personnel, facilities, and equipment will continue to be under the management and control of the District and are not contained in the scope of this contract. 1.5 Because of the large number of Dallas ISD facilities, the Procurement Office has chosen to divide the school district into four (4) quadrants (Northeast, Northwest, Southeast, and Southwest) for the purposes of this solicitation. Vendors may choose to bid on one, two, three, or all four quadrants based on the capabilities of their firm. Award of one or more contracts will be made based upon the evaluation of all proposals received. (More details are included in Paragraph 8.0, General Evaluation). A listing of the schools, portable buildings, athletic complexes, administrative and auxiliary facilities included in each quadrant is provided in Section VII, Appendices, Numbers 1-4.

1.6 This RFP is divided into the following seven (7) parts/sections. These sections are applicable and form a part of all contract documents and a part of the terms/conditions of all purchase orders for products included in the specifications and offer forms.

I. Notice to Offerors II. Instructions to Offerors III. General Conditions IV. Responsibilities of Offerors V. Scope of Work VI. Forms VII. Appendices

1.7 This is a service contract with a three (3) year base period with an option for two (2) one-year extensions. The base contract will be effective from issuance of notice to proceed (pending Board approval) and end as detailed in other sections of this Request for Proposal. Options may be exercised at the sole discretion of Dallas ISD.

5

2.0 CONDITIONS OF AGREEMENT. The conditions of agreement consist of the following and in the event of conflicting provisions, the order of importance is:

Scope of Work (Section V) Appendices (Section (VII) Responsibilities of Offerors (Section IV) Instructions to Offerors (Section II) General Conditions (Section III) Notice to Offerors (Section I) Forms (Section VI)

3.0 PROPOSAL SUBMITTAL. A signed, submitted proposal constitutes an offer to perform the work and/or deliver the product(s) specified in the solicitation. 4.0 BRANDS AND MODELS. Brands and model numbers, where listed, are used for specification reference only, unless otherwise stated, and are not intended to limit consideration of an approved equal or equivalent item. Descriptive information or a sample may be requested for any item proposed other than the referenced item. 5.0 EQUIVALENT OR APPROVED EQUAL, OR EXCEEDS SPECIFICATIONS. Whenever a product is defined in any of the Conditions of Agreement by describing a proprietary product, or by using the name/model of a manufacturer or vendor, the term “or other units considered to be equivalent”, if not inserted, shall be implied. The specific product described shall be understood as indicating the type, function, and minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude products of comparable quality, design, and efficiency. 5.1 If a brand/model is offered other than the one specified, complete descriptive information and field history of the offered product must be included with the proposal. Products being proposed as an equal to the items specified must be available for inspection/evaluation by Dallas ISD. Samples, when requested, must be furnished within five (5) working days of the request at no cost to the District. If not destroyed during evaluation, samples may be returned to the offeror on request at offeror’s expense. 5.2 Determination of “equivalent” or “approved equal” or “exceeds specifications” is at the sole discretion of Dallas ISD. 5.3 If the offeror takes no exception to specifications of referenced data, brand names, models, etc. must be provided as specified. 6.0 FURNISHED VEHICLES, PARTS, AND MATERIALS. All furnished vehicles, parts, and materials will be new, unused, and in current production unless otherwise specified, and in first class condition. All goods are subject to inspection and return at the Vendor’s expense if found to be inferior to those specified or promised. 7.0 SPECIFICATIONS. The offeror shall note in writing, prior installation, any deviations, including manufacturer and/or model, from the specifications and shall submit those changed specifications as alternates. 8.0 GENERAL EVALUATION. Dallas ISD generally awards contracts based upon the most responsive and responsible offer, price and other factors considered. It is not the practice of the District to purchase on the basis of low price alone. Contracts may be awarded on a lump sum basis or on a unit price basis, provided that in the event a contract specifies a unit price basis, the compensation paid by Dallas ISD shall be based upon the actual quantities supplied. In determining the "lowest responsible" offer, Dallas ISD may consider, in addition to price, other factors such as compliance with the RFP documents, delivery requirements, suitability of product, costs of maintenance and operations, training requirements, warranties, availability of repairs or other services, past performance of the vendor,

6

other factors contributing to the overall costs, both direct and indirect, related to an item, and compliance with Dallas ISD 's Affirmative Action policies and goals.

8.1 The District may award a contract to the responsive, responsible offeror with the lowest aggregate offer. If unable to award as a package, the District will evaluate proposals and may award alternate awards.

8.2 Extensions of unit prices shown will be subject to verification by the District. In case of variation between the unit price and the extension, the unit price will shall prevail.

8.3 In the event identical proposals are submitted which are determined by Dallas ISD to be the lowest

responsible offers, usually one will be selected as the successful offeror. If one of the offerors submitting identical proposals is a resident of the District, that offeror shall be selected. If two or more such offerors are residents of the District, one shall be selected by the casting of lots. In all other cases, one of the identical offers shall be selected by casting of lots.

8.4 In determining how to award a contract or contracts in conjunction with the RFP, the District shall

consider the following: 8.4.1 The purchase price; 8.4.2 The reputation of the vendor and of the vendor's goods or services; 8.4.3 The quality of the vendor's goods or services; 8.4.4 The extent to which the goods or services meet the District's needs; 8.4.5 The vendor's past relationship with the District;

8.4.6 The impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses;

8.4.7 The total long-term cost to the District to acquire the vendor's goods or services; and 8.4.8 Any other relevant factor specifically listed in the request for bids or proposals.

8.5 Selection Process 8.5.1 Evaluation Committee. The Evaluation Committee will be composed of members from the Dallas Independent School District. The Evaluation Committee will consist of no less than five (5) and no more than seven (7) members. Three (3) of the members of the Evaluation Committee shall be named from the Dallas ISD’s Executive Leadership Team. A representative from Purchasing will sit on the committee to facilitate all meetings regarding evaluation of the proposals. The Purchasing official is not a voting member. Also, a representative from M/WBE will be on the committee. The Dallas Independent School District reserves the right to add, delete or substitute members of the Evaluation Committee as it deems necessary.

8.5.2 Pricing. All fees and charges should be included in the prices section. However, if the proposer anticipates any extraordinary charges, they must be detailed in the proposal.

8.5.3 Comprehensive Solutions. When applicable, proposers should include comprehensive equipment/software and/or service solutions which have the most compatibility with the environment and which best meets the complete needs of the Dallas Independent School District.

7

8.5.4 Evaluation and Scoring. Proposals will be evaluated and scored independently by each member and the scores will be compiled to generate a combined score. The proposals will be ranked in order, beginning with one, then two, three, and so on, until all proposals have been ranked. The proposal receiving the highest combined point total will be ranked number one and the remaining proposals will be ranked following that method.

8.5.5 Interviews/Oral Presentations/Negotiations. The Evaluation Committee will narrow the submitted proposals to the few that best meet the requirements of the Request for Proposal (RFP) and which best meets the complete needs of the Dallas Independent School District. At that point interviews may be scheduled for oral presentations and interviews. Should a contract not be agreed upon, the committee will begin negotiations with the offeror who provided the second best bid. This will continue until an acceptable agreement can be developed. The resulting contract will be sent to the Board for approval along with the award recommendation.

8.6 Additional Evaluation Criteria Specific to This Request for Proposal

8.6.1 Identification of Quadrant(s) in Bid. The District chose to divide its facilities into quadrants for the purposes of bidding due to the large number of facilities and its desire to ensure that the services received for each facility is timely and of the highest quality for the price offered. It is Dallas ISD’s intent to have Offerors bid the quadrant (s) that are most convenient and advantageous for their business enterprise. To ensure that like proposals are evaluated together, Offerors should clearly identify which quadrant(s) is being bid with their proposal. Titles that may be used to identify each quadrant are identified as follows. The facilities included in each quadrant can be reviewed in in Appendices 1-4.

Northeast Quadrant Northwest Quadrant Southeast Quadrant Southwest Quadrant

8.6.2 Bidding Multiple Quadrants. Offerors may submit a bid for any one, two, three, or all four individual Dallas ISD quadrants at their discretion (up to four individual proposals). If it is the Offeror’s expectation to actually perform work in only one of the quadrants they are bidding (but bid multiple quadrants to try to increase their chances of receiving a contract for at least one of the quadrants), the offeror should note that in the designated area on the bid forms. If it is the Offeror’s intent to perform work in more than one quadrant if their proposal were selected, that too should be noted in the designated area on the bid forms and it becomes the Offeror’s responsibility to prove that they have the capital, personnel, equipment, knowledge, and experience required to perform the magnitude of work involved in performing work for more than one quadrant. As the number of quadrants that the bidder would perform increases, so does that burden. 8.6.3 Bidding Two or More Quadrants as a Whole. Dallas ISD is willing to consider alternate bids that group two or more quadrants together to gain more advantageous pricing terms (instead of bidding the quadrants individually). With these bids, it is the Offeror’s responsibility to prove that they have the capital, personnel, equipment, knowledge, and experience required to perform to magnitude of work involved in performing work for the group of quadrants. Offerors should clearly note which quadrants the bid includes and provide written documentation on the advantages to the District of accepting the bid. 8.6.4 Evaluation of Bids. The Evaluation Committee will conduct a comprehensive, fair, and impartial evaluation of all proposals received in response to this Request for Proposal for Full

8

Service HVAC Maintenance at the Dallas ISD facilities. Each proposal received will be analyzed to determine overall responsiveness and completeness as defined in the Scope of Work and in the Instructions on submitting a proposal. Failure to comply with the instructions or to submit a complete proposal may deem a proposal non-responsive and may at the discretion of the Evaluation Committee be eliminated from further evaluation.

8.6.5 Scoring. The evaluation of proposals will involve scoring each proposal in the following areas, listed in order of importance, with respect to the requirements as outlined in this document:

8.6.5.1 – The impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses – 20 Points

8.6.5.2 – The price of services – 30 Points 8.6.5.3 – Long-term cost to the District to acquire the vendor’s services – 10 points 8.6.5.4 – The reputation of the vendor and of the vendor's goods or services – 10 Points 8.6.5.5 – The quality of the vendor’s goods/services – 5 points

8.6.5.6 – The vendor's past relationship with the District – 10 Points

8.6.5.7 – The vendor’s technical capability; plans to work with the District; ability to provide sufficient and proper staffing, supervision, vehicles/tools/equipment, insurance, and performance and bid bonds; and perform all required services within required response times – 15 Points

NOTE: The matrix included in Paragraph 10.0, Evaluation and Award Process, Section V, Scope of Work, provides more detailed information on scoring each section of the proposal.

9.0 RESERVATION OF RIGHTS. Dallas ISD expressly reserves the right to: (a) Reject or cancel any or all proposals; (b) Waive any defect, irregularity or informality in any proposal or RFP procedure; (c) Waive as an informality, minor deviations from specifications at a lower price than other proposals

meeting all aspects of the specifications if it is determined that total cost is lower and the overall function is not impaired;

(d) Reissue an RFP; (f) Consider and accept an alternate proposal as provided herein when most advantageous to Dallas

ISD; (g) Dallas ISD has the right to cancel the contract with a thirty day written notice, without prejudice, for

factors including, but not limited to, non-availability or non-appropriation of funds; and/or (h) Procure any item or services by other means to meet time-sensitive requirements. 10.0 ACCEPTANCE. Notification of award will be by a letter of acceptance. The letter of acceptance citing the RFP consummates the contract which consists of the RFP, the vendor’s offer, and the signed letter of acceptance. Subsequent purchase orders may be issued as appropriate. 11.0 INVOICES AND PAYMENTS. The Offeror shall submit separate invoices, in duplicate, on each purchase order after each delivery and/or project completed. Invoices shall indicate the purchase order number and the RFP

9

number. Invoices shall be itemized. If applicable, a copy of the bill of lading should be attached to the invoice and mailed to Dallas ISD at the address specified on the purchase order. No charge or addition to the accepted price shall be made by the vendor for delivering, placing, or invoicing product(s). Payment shall not be due until all items on the purchase order have been received by Dallas ISD (unless specified in the specifications) or services verified, and the above instruments are submitted and the invoice has been accepted by Dallas ISD. All prices shall be F.O.B. destination. Funds for completed work with properly submitted invoices concerning this contract will be available within thirty (30) days of completion and acceptance by the District.

A single purchase order for the first year of this contract period will be issued. Invoices shall be submitted monthly and verified by District personnel prior to approval of payment. Payments will be issued once all required services have been verified. 12.0 WARRANTY-PRICE. The price to be paid shall be that contained in the offeror’s proposal which the offeror warrants to be no higher than the offeror's current prices on orders by others for products of the kind and specification covered by this RFP for similar quantities under similar or like conditions and methods of purchase. In the event offeror breaches this warranty, the prices of the items shall be reduced to the offeror's current prices on orders by others, or in the alternative, Dallas ISD may cancel this RFP without liability to offeror for breach. 13.0 TERMINATION. Dallas ISD shall have the right to terminate for default all or any part of this contract if offeror breaches any of the terms hereof or if the offeror becomes insolvent or files any petition in bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Dallas ISD may have in law or equity, specifically including, but not limited to, the right to collect for damages or demand specific performance. 13.1 Dallas ISD has the right to terminate this contract for convenience, without penalty, for non-appropriation or non-availability of funds by delivery to the offeror of a "Notice of Termination" specifying the extent to which performance hereunder is terminated and the date upon which such termination becomes effective. 13.2 Dallas ISD may terminate the contract and debar the vendor from future “bidding” for violations of the federal requirements including, but not limited to, “Contract Work Hours and Safety Standards Act”, “Equal Employment Opportunity Act”, and “Energy Policy and Conservation Act”. 14.0 DEFECTIVE/NON-CONFORMING WORK. If, following seven (7) calendar days of a written notice to a Vendor identifying defective or nonconforming work, the Vendor or its subcontractors fail to correct such defective or nonconforming work, Dallas ISD may order the Vendor to stop further work, or any portion thereof, until the defect or nonconformance has been properly corrected by the Vendor or its subcontractors.

14.1 Should the Vendor not proceed with the correction of defective or non-conforming work within three (3) additional calendar days of Dallas ISD’s order to stop further work, as set forth above, Dallas ISD may cause the removal, repair or correction of the defective or nonconforming work and may charge all associated costs of the same to the Vendor.

15.0 EMPLOYEE DISCIPLINE. Vendors shall at all times enforce the Dallas ISD employee code of conduct as defined in Board policy while on the work site. Dallas ISD’s Code of Conduct is attached to this RFP as Exhibit No. Appendix No. 6. 16.0 CLEANLINESS OF THE FACILITIES. Vendors at all times shall keep the premises where they are working free from accumulation of waste materials or rubbish caused by its operations. This includes areas where administrative tasks, storage of parts/materials/supplies/vehicles, and operations are performed.

17.0 SAFETY. Vendors shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: a) Vendor’s employees and subcontractors; b) any and all innocent

10

bystanders; and c) any and all equipment and the facilities and premises of Dallas ISD. 18.0 ASSIGNMENT-DELEGATION. No right or interest in this contract shall be assigned or any obligation delegated by an offeror without the written permission of Dallas ISD. 19.0 INTERPRETATION. This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms thereof. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used herein, and acceptance of a course of performance rendered under this RFP shall not be relevant to determine the meaning of this RFP even though the accepting party has knowledge of the performance and opportunity for objection. 20.0 APPLICABLE LAW. This RFP, and its resulting contract, shall be governed first by the laws of the State of Texas, and venue for any disputes arising thereunder shall be in Dallas County, Texas and secondarily by the Uniform Commercial Code as adopted in the State of Texas and in force on the date of this RFP.

21.0 NOTIFICATION OF CRIMINAL RECORD. The person or entity submitting an offer must give notice to the District, at the time of offer submission and at any time after the contract is executed, if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in this conviction of a felony (this requirement does not apply to a publicly held corporation). 22.0 INDEMNIFICATION AND HOLD HARMLESS. Except as otherwise expressly provided, offeror shall defend, indemnify, and hold Dallas ISD harmless from and against all claims, liability, loss and expenses, including reasonable costs, collection expenses, and attorneys’ fees incurred, which arise by reason of the acts or omissions of offeror, its agents or employees in the performance of its obligations under this contract. This clause shall survive termination of this contract. 23.0 ASSIGNMENT OF OVERCHARGE CLAIMS. The successful offeror(s) shall assign to Dallas ISD any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA, Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. 24.0 USE BY OTHER GOVERNMENT ENTITIES. The Texas Education Code 44.031 (a)(5) allows for government entities, i.e. state agencies, local governments and school districts, to enter into cooperative agreements to allow the procurement process to be performed by a single entity on behalf of all those electing to participate. Any of the above entities may be granted the privilege of joining the awarded contract at the option of the successful bidder only. In the event the successful bidder allows another governmental entity to join the Dallas ISD contract, it is expressly understood that Dallas ISD shall in no way be in no way liable for the obligations of the joining governmental entity. 25.0 REPRODUCTION, DISTRIBUTION, ASSIGNMENT and DELEGATION. Copies of this Request For Proposal document may be reproduced for convenience in collaborating or working with other individuals in the company submitting the proposal; however, the vendor registered as the plan holder must submit his/her proposal on the original Request For Proposal document. NOTE: Vendors may not collaborate with any other vendor in preparing his/her proposal.

25.1 ASSIGNMENT-DELEGATION. No right or interest in a contract resulting from this request for Request for Proposal process shall be assigned or any obligation delegated by the Offeror without the written permission of the Dallas Independent School District. 26.0 DISTRIBUTION. The Dallas Independent School District owns the exclusive right to distribute this and any procurement document to vendors requesting to be included in the procurement process or to vendors that have been identified as vendors qualified to provide the goods and/or services required in this document.

11

27.0 DISCUSSIONS/NEGOTIATIONS. Discussions/negotiations may be conducted with offerors who are deemed to be within the competitive range; however, Dallas ISD reserves the right to award a contract without discussions/negotiations. The competitive range will be determined by Dallas ISD’s Director of Purchasing, in conjunction with the assigned Buyer and the Evaluation Committee, and will include only those initial offers that the Director determines have a reasonable chance of being awarded a contract. If discussions/negotiations are conducted, offerors will be required to submit a best and final offer. The best and final offers may be required as early as 24 hours after completion of negotiations/discussions. 28.0 BID BOND. If a performance or payment bond is required, the bid/proposal must be accompanied by a cashier’s check on any state or national bank in Texas, or an acceptable bid bond, payable unconditionally to Dallas ISD. The cashier’s check or bid bond shall be in the amount of five (5) per cent of the greatest amount of your proposal. This security is required by Dallas ISD as evidence of good faith and as a pledge that, if awarded the contract, the offeror will enter into a contract with Dallas ISD on the terms stated in the RFP and will furnish the required performance and/or payment bond(s) within ten (10) calendar days after the offer is accepted. Should the offeror refuse to enter into such a contract in accordance with his/her offer, or fail to furnish the required bond(s), the amount of the bid security shall be forfeited to Dallas ISD as liquidated damages, not as a penalty. 29.0 RESPONSE FORMS: Section VI contains all forms that are required to be completed and submitted along with your response. Failure to complete and submit these forms is grounds for disqualification of your offer. The required forms and the purpose they fulfill are:

29.1 OFFER FORM. This serves as a confirmation that your pricing was not submitted in collusion with

any other vendor offering a quotation on this project. It further serves as an affidavit of accuracy as to the information supplied by you on remaining required forms.

29.2 FELONY CONVICTION NOTICE. Texas State Law requires that persons or entities entering into

business agreements with School districts must give notice to the District if the person or owner has been convicted of a felony. This form addresses this Requirement and must be submitted. NOTE: Conviction of a felony does not necessarily disqualify a vendor from receiving a Contract, but are examined on a case-by-case basis.

29.3 TECHNICAL PROPOSAL FORM. This form provides a list of technical questions the offeror must answer related to their proposed plan of operations for the proposed contract. Please answer all questions completely and place your responses after your copy of the Technical Proposal Form.

29.4 PROPOSAL COST FORM. This form is used to submit the complete pricing offered for this project by the offeror and must be submitted with a signature of person authorized to commit your company to this project at the price(s) offered.

29.5 COMMITMENT TO PROVIDE INSURANCE FORM. This form is required for contracts in the amount of $25,000 or greater, and serves as a commitment from the prospective vendor(s) that the required insurance will be obtained and a certificate of such insurance will be furnished to Dallas ISD that meets the insurance requirements of this contract. This form shall be completed by the Proposer’s Insurance broker/agent and returned with your proposal.

29.6 QUALIFICATION STATEMENT. The form serves to provide the District with information related to the Vendor’s qualifications to perform all requirements of this contract. Please answer all questions completely.

29.7 CONFLICT OF INTEREST COMPLIANCE FORM. This form is required in conjunction with House Bill 914, which went into law September 1, 2005 and became effective January 1, 2006. This is a two-page form, the first of which is a Notice to Vendors and the remaining page is the Conflict of Interest Questionnaire. Response to this fulfills requirements under Chapter 176, Section 176.006 (a) of the Texas Local Government Code. Vendors

12

are required to complete this form and include it in their response, if applicable. NOTE: Submitting a Conflict of Interest Disclosure Statement does not necessarily disqualify a vendor from receiving a contract, but are examined on a case-by-case basis.

29.8 BID BOND FORM. This serves as a confirmation that your pricing was not submitted in collusion

with any other vendor offering a quotation on this project. It further serves as an affidavit of accuracy as to the information supplied by you on remaining required forms.

29.9 NOTICE OF NO RESPONSE FORM. In the event that a solicited vendor elects not to participate in this Request for Proposal opportunity, completion and submission of a NOTICE OF NO REPONSE form is helpful in evaluating its procurement processes. Please complete and return the NOTICE OF NO RESPONSE form and return it as instructed if applicable.

29.10 INTERLOCAL AGREEMENT CONSENT FORM. This form is used for vendors to extend this contract to members of Interlocal Agreements or Cooperative Purchasing arrangements with Dallas ISD. Vendors agreeing to extend this offer to members of cooperative contract arrangements may do so by completing this form and by indicating consent in the area indicated in Section 5.0 of the form. All purchases by governmental entities other than Dallas Independent School District will be billed directly to that governmental entity and paid by that governmental entity. Dallas Independent School District will not be responsible for another governmental entity’s debts. Each governmental entity will order its own material/service as needed.

29.11 FAMILY CONFLICT OF INTEREST QUESTIONNAIRE. This Questionnaire must be completed by

every individual or entity that contracts or seeks to contract with the District for the sale or purchase of property, goods, or services. Family or family relationship means a member of an individual’s immediate family, including spouse, parents, children (whether natural or adopted), aunts, uncles, and siblings. For individuals and/or entities who contract or seek to contract with the District for the sale or purchase of any property, goods, or services:

29.11.1 Identify each and every family relationship between yourself (and any member of your family) and any full-time District Employee (and any member of such employee’s family) (please include name and sufficient information that will allow proper identification of any named individual).

NOTE: Submitting a Family Conflict of Interest Statement does not necessarily disqualify a vendor from receiving a Contract, but are examined on a case-by-case basis.

29.12 MINORITY/WOMEN BASED ENTERPRISE (M/WBE) GUIDELINES. The completed M/WBE compliance Guidelines and Forms must be attached to all responses to procurement documents totaling or valued at $25,000 or more and are due with the bid/proposal at the time of bid opening. Bidders/proposers who will subcontract out portions of the work must attach the signed Letter of Intent to Subcontract (section E). If the completed M/WBE Compliance Guidelines and Forms are not attached, responses to the procurement documents will be considered nonresponsive. NOTE: All District bidders/proposers are required to demonstrate positive and reasonable good faith efforts to subcontract with and/or procure supplies/services with minority and women-owned companies.

30.0 VENDOR CONTACT WITH DALLAS ISD BOARD MEMBERS: Dallas ISD Board Policies CHE (LOCAL) and CAA (REGULATION) forbid vendors from contacting Board members individually at any time during the procurement process or during the performance of any contract. Below are excerpts of Board Policy CHE (LOCAL), for General Procurement process and CAA (REGULATION) for Technology Purchases eligible for E-Rate funding, which detail this restriction:

13

30.1 CAA (REGULATION): “Contracts with vendors participating in the District’s E-Rate Pro-gram will include the following provisions:” “The vendor will refrain from contacting individual members of the Board regarding any aspect of the vendor’s E-Rate business, whether current or anticipated. Communications with the Board, if required, will be in writing addressed to all members of the Board.” “The vendor will comply with all state and local laws and District policies regarding conflicts of interest and gifts of things of value, including the FCC’s rules and requirements regarding “fair and open competition.” The vendor will complete all affidavits and questionnaires required by the District relating to conflicts of interest and gifts in a complete and truthful manner. 4. A vendor that violates any of these provisions may have a pending bid or proposal rejected, be excluded or barred from receiving future contracts and/or have an existing contract canceled. CAA (REGULATION) – Page 4 of 16 Dallas ISD Board Policy CAA (REGULATION) may be viewed in its entirety from the following website: http://www.tasb.org/policy/pol/private/057905/pol.cfm?DisplayPage=CAA(REGULATION).pdf 30.2 CHE (LOCAL): “Persons conducting commercial business with the District shall refrain from contacting individual members of the Board regarding any aspect of the business. Communications with the Board regarding any aspect of the business shall be in writing and addressed to all Board members.” CHE (LOCAL) – Page 1 of 4 “Any person or entity in violation of this policy may have a pending bid or proposal rejected, be barred from receiving future contracts, and/or have an existing contract canceled.” – CHE (LOCAL) – Page 2 of 4 “Conducting business” shall include participation in a pending procurement, the negotiation of any contract, the performance of any contract, the selling of any product, and the performance of any services.” CHE (LOCAL) - Page 2 of 4 Dallas ISD Board Policy CHE (LCOAL) may be viewed in its entirety from the following website:

http://www.tasb.org/policy/pol/private/057905/pol.cfm?DisplayPage=CHE(LOCAL).pdf 31.0 VENDOR PROHIBITION FROM USE OF FORMER DALLAS ISD EMPLOYEES: Dallas ISD Board Policies CHE (LOCAL) and DBD (LOCAL) prohibits contractors from hiring former Dallas ISD employees to work on, or have any involvement, in District-related business performed or provided by that contractor for a period of two years, for the Superintendent of Schools, Chiefs, Executive Directors, and Directors or equivalents, and 18 months for all other former employees. The District, pending Board approval, will waive these policies and allow the hiring of former employees by the selected vendor (s). 32.0 TEXAS PUBLIC INFOMRATION ACT (TPIA): The Contractor acknowledges that the District is subject to the Texas Public Information Act (TPIA). As such, upon receipt of a request under the TPIA, the District is required to comply with the requirements of the TPIA. In the event that the request involves documentation that the Contractor has clearly marked as confidential and/or proprietary, the District will provide the Contractor with the required notices under the TPIA. The Contractor acknowledges that it has the responsibility to brief the Attorney General's Office on why the documents identified as confidential and/or proprietary fall within an exception to public disclosure.

14

33.0 STUDENT CONFIDENTIALITY: The Contractor acknowledges that the District has a legal obligation to maintain the confidentiality and privacy of student records in accordance with applicable law and regulations, specifically the Family Educational Rights and Privacy Act (FERPA). The Contractor is receiving student information in compliance with the requirements and exceptions outlined in FERPA. The Contractor acknowledges that it must comply with said law and regulations and safeguard student information. The Contractor may not re-disclose the information to a third party without prior written consent from the parent or eligible student. The Contractor must destroy any student information received from the District when no longer needed for the purposes listed in the Agreement. 34.0 SUSPENSION OF THE WORK FOR THE CONVENIENCE OF THE DISTRICT: The District may, without cause, order the Contractor in writing to suspend, delay or interrupt the work in whole or in part for such time period as District may determine. Contractor shall be compensated for all services actually performed prior to receipt of written notice from the District of such suspension, delay or interruption, together with any reimbursable expenses then due. If the work is resumed after being suspended, delayed or interrupted for more than three months, the Contractor’s compensation may be equitably adjusted if, in the District’s reasonable opinion, such adjustment is warranted. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible. 35.0 INSURANCE. The successful offeror, at his/her own expense, shall provide and maintain insurance with fiscally sound firms (at least an AM Best rating of A-) authorized to do business in Texas as follows. Successful offeror may be required to provide a copy of insurance coverage to Dallas ISD. Insurance certificates may contain a provision, or offeror’s signature on this bid/proposal certifies, that coverage afforded under the policies will not be canceled until at least thirty (30) days prior written notice has been given Dallas ISD. Insurance must remain in effect for the duration of this contract. In some cases, the District may be required to be named as an additional insured on the vendor’s insurance coverage. If the District is to be named as an additional insured on the vendor’s insurance coverage, the certificate indicating this should be provided within ten (10) calendar days from date of award at the vendor’s expense. If the District requires a certificate of insurance, the bid/proposal number and title should be noted in the “Description of Operations/Locations/Vehicles/Special Items” block of the certificate and the “Certificate Holder” block of the certificate should read, “Dallas ISD, Attn: Risk Manager, 3700 Ross Avenue, Box 91, Dallas TX 75204-5491.” Additional insurance requirements may be required for construction and/or services projects and will be identified elsewhere in this document. Included in this request for Request For Proposal solicitation Item No. 24.5 of this section, is a Commitment to Provide Insurance Form. This form is required for contracts in the amount of $25,000 or greater, and serves as a commitment from the prospective vendor(s) that the required insurance will be obtained and a certificate of such insurance will be furnished to Dallas ISD that meets the insurance requirements of this contract. This form shall be completed by the Proposer’s Insurance broker/agent and returned with your proposal.

35.1 Workers’ Compensation: Successful offeror must maintain workers’ compensation coverage for employees as required by all applicable Federal, State, Maritime, and local laws including Employer’s Liability with a limit of at least $100,000. If required, all vendors submitting bids or proposals shall include a copy of his/her current insurance certificate indicating coverages of the following lines of coverage in the following minimum amounts:

(This space left blank intentionally)

15

35.2 INSURANCE REQUIRMENTS:

Contracted projects of any size shall be adequately insured. Coverage shall be verified by Risk Management Department before submittal to Purchasing. Risk Management will not waive any insurance requirements unless a Request for Waiver form is signed and forwarded to Risk Management by an administrative officer. The deputy superintendent of Business Services will make final waiver approval. Vendors shall not be allowed to begin work until evidence of the required insurance is provided. All payments and performance bonds and certificates of insurance shall be reviewed before the vendor is awarded a contract or contemporaneously with the execution of a contract, when applicable. Submittals must be verified prior to issuing a Purchase Order.

Contracts and aggregate contracts below $25,000 per year have no formal insurance submittals unless required by Risk Management. All certificates must have a current issue date when submitted for review. (Issued within the last 30 days) All contracts must have a waiver of subrogation on the General Liability, Automobile Liability and Worker’s Compensation.

The following are insurance requirements for different categories of services with contract

amounts from $25,000 - $100,000 aggregate.

A. Services provided by Sole Proprietors, with exception of Medical Services General Liability: Bodily Injury & Property damage $500,000 combined single limits/ $1,000,000

aggregate Automobile Liability: Bodily Injury $250,000 per person/$500,000 per accident Property damage $250,000 Professional Error’s & Omissions $1,000,000 Umbrella Policy $1,000,000 / $1,000,000 aggregate B. Businesses providing Accounting Services, Recreational Services, Student Support

Services, Technology Services, Legislative Consulting Services, Communication Services, Professional Development Services, Curriculum & Instructional Services

Workers’ Compensation Statutory Limits Employer’s Liability $500,000 per accident / $500,000 per employee General Liability: Bodily Injury & Property damage $500,000 combined single limits/ $1,000,000 aggregate Business Automobile Liability: for Owned, Scheduled, Non-Owned, or Hired Automobiles

16

Bodily Injury $250,000 per person/$500,000 per accident Property damage $250,000 Professional Error’s & Omissions $1,000,000

Umbrella Policy $1,000,000 / $1,000,000 aggregate

C. Medical Services, including Psychological or Counseling Services Workers’ Compensation Statutory Limits Employer’s Liability $500,000 per accident / $500,000 per employee General Liability: Bodily Injury & Property damage $500,000 combined single limits/ $1,000,000

aggregate Business Automobile Liability: (Minimum limits) for Owned, Scheduled, Non-Owned, or Hired

Automobiles Bodily Injury $250,000 per person/$500,000 per accident Property damage $250,000 Professional Liability Insurance (Malpractice) $1,000,000 Umbrella Policy $1,000,000 / $1,000,000 aggregate D. Security Services

Workers’ Compensation Statutory Limits Employer’s Liability $500,000 per accident / $500,000 per employee General Liability: Bodily Injury & Property damage $500,000 combined single limits/ $1,000,000

aggregate Business Automobile Liability: for Owned, Scheduled, Non-Owned, or Hired Automobiles Bodily Injury $250,000 per person/$500,000 per accident Property damage $250,000 Professional Error’s & Omissions $1,000,000 Umbrella Policy $1,000,000 / $1,000,000 aggregate E. Transportation Services

Workers’ Compensation Statutory Limits Employer’s Liability $500,000 per accident / $500,000 per employee

17

General Liability: Bodily Injury & Property damage $500,000 combined single limits/ $1,000,000

aggregate Business Automobile Liability: for Owned, Scheduled, Non-Owned, or Hired Automobiles Combined Single Limits $1,000,000 Umbrella Policy $1,000,000 / $1,000,000 aggregate F. Armored Car Services

Workers’ Compensation Statutory Limits Employer’s Liability $500,000 per accident / $500,000 per employee General Liability: Bodily Injury & Property damage $500,000 combined single limits/ $1,000,000

aggregate Business Automobile Liability: for Owned, Scheduled, Non-Owned, or Hired Automobiles Bodily Injury $250,000 per person/$500,000 per accident Property damage $250,000 All Risk Armored Car Cargo Liability $1,000,000 Umbrella Policy $1,000,000 / $1,000,000 aggregate

The following are insurance requirements for different categories of services with contract amounts above $100,000.

All contracts over $100,000 must have a waiver of subrogation on the general liability, automobile liability and the workers’ compensation. They must also name the District as an additional insured on the general liability and automobile liability.

A. Services provided by sole proprietors, with exception of medical services

General Liability:

Bodily injury and property damage $1,000,000 combined single limits / $2,000,000 aggregate

Automobile Liability:

Bodily injury $250,000 per person / $500,000 per accident

Property damage $250,000

Professional Errors and Omissions $1,000,000

18

Umbrella Policy: $1,000,000 / $1,000,000 aggregate

B. Businesses providing accounting services, recreational services, student support services, technology services, legislative consulting services, communication services, professional development services, curriculum and instructional services, non-profit organizations

Workers’ Compensation: Statutory limits

Employer’s Liability $500,000 per accident / $500,000 per employee

General Liability:

Bodily injury and property damage $1,000,000 combined single limits / $2,000,000 aggregate

Business Automobile Liability: for Owned, Scheduled, Non-Owned, or Hired Automobiles

Bodily injury $250,000 per person / $500,000 per accident


Professional Errors and Omissions: $1,000,000

Umbrella Policy: $1,000,000 / $1,000,000 aggregate

C. Medical services, including psychological or counseling services


Employer’s Liability: $500,000 per accident/ $500,000 per employee

General Liability:

Bodily injury and property damage $1,000,000 combined single lim$2,000,000 aggregate


Bodily injury $250,000 per person/ $500,000 per accident


Professional Liability Insurance (Malpractice):

$1,000,000

Umbrella Policy: $1,000,000/$1,000,000 aggregate

D. Security services


19


General Liability:

Bodily injury and property damage $1,000,000 combined single limits/$200,000 aggregate




Professional Errors and Omissions: $1,000,000


E. Transportation services



General Liability:

Bodily injury and property damage $1,000,000 combined single limits/ $2,000,000 aggregate


Combined single limits $1,000,000


F. Armored car services



General Liability:

Bodily injury and property damage $1,000,000 combined single limits/$2,000,000 aggregate




All Risk Armored Car Cargo Liability: $1,000,000

20


All insurance policies proposed or obtained in satisfaction of these requirements will comply with the following general specifications, and will be maintained in compliance with these general specifications throughout the duration of the contract, or longer, if noted:

1. Each policy will be issued by a company authorized to do business in the state of Texas with an A. M. Best Company rating of at least A-.

2. Liability policies will be endorsed to provide the following:

Name as additional insured the District, its officials, agents, and employees.

That such insurance is primary to any other insurance available to the additional insured.

All policies will be endorsed to provide 30 days’ prior written notice or cancellation, nonrenewal, or reduction in coverage except ten days for nonpayment of premium.

Should any of the required insurance be provided under a claims-made form, the contractor will maintain such coverage continuously throughout the term of this contract and without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract will be covered.


21

IV. RESPONSIBILITIES OF OFFERORS RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE


1.0 CONTRACT COMPLIANCE. The responsibility for compliance with this solicitation and the subsequent contract(s) shall be with the Vendor. Vendors are expected to deliver service(s)/product(s) per the Scope of Work contained herein. 2.0 The proposer declares that in the event of an award of a contract to the undersigned the offeror will comply with the Immigration Reform & Control Act of 1986.

3.0 SITE VISITS. Due to the large number of facilities, Dallas ISD will not be holding formal site inspections for this bid. Offerors will be responsible for inspecting facilities and equipment in the quadrant(s) they want to bid as they see fit during the dates and times noted below. Access to the facilities will be granted to the facilities only during the dates and times noted. At each site visited, offerors should notify the Office Manager and register to gain access to the appropriate building(s) and equipment. A valid Texas (preferred) or State Issued Driver’s License or state issued identification or required to register and gain entrance. Offerors are not required to visit each facility, however, Dallas ISD recommends that each company inspect as many facilities as it deems necessary in order to prepare an accurate and complete bid. Selection of the facilities that the offeror will visit and scheduling of site tours rests solely with the offeror. Due to time constraints associated with this solicitation, Dallas ISD will not extend the dates and/or times allowed for site tours.

DATES: October 10 – November 16, 2011

TIMES: 9:00 am – 2:00 pm

POINT OF CONTACT: Michael P. Brown – 972-925-5085 – [email protected]

Note: Please direct all questions related to site visits and/or the equipment located at each site to the Point of Contact noted above. Individual school sites should not be contacted directly.

4.0 SCHOOLDUDE DEMONSTRATIONS. Dallas ISD uses SchoolDude Facility Management software to streamline its maintenance work order process, schedule preventive maintenance, support inventory management, and provide accurate documentation and reporting. The successful vendor(s) on this contract will be required to use the system. So that vendors who have not used the software can become familiar its functionality, Dallas ISD is providing demonstrations of the system at the location, times, and dates noted below. Attendance at one of these demonstrations is recommended but not required. Please direct all questions related to these demonstrations to the Point of Contact noted below.

DATES: October 10-13, 2011

TIMES: TBD

LOCATION: TBD

POINT OF CONTACT: Michael P. Brown – 972-925-5085 – [email protected]

5.0 LICENSES. Successful offerors must hold a current and valid commercial HVAC license in the State of Texas that must be valid throughout the term of the contract. Additionally, individual employees working for the offeror must be licensed appropriately for the work they are performing, if required. A copy of the offeror’s HVAC license must be provided to Dallas ISD within 10 days of contract award. Copies of all employee licenses must be provided to Dallas

22

ISD within 30 days of contract award. Evidence of valid commercial HVAC license issued by the State of Texas shall be provided at each annual extension option as a condition of extending this offer, and may be required at other times during the course of this agreement.

6.0 SUBMISSION OF PROPOSALS. Offerors should submit one (1) original and ten (10) paper copies of their offer, for a total of 11 copies. In addition, vendors must supply a soft copy (electronic) of their offer on either CD Rom or flash drive with each copy of their proposal.


23

V. SCOPE OF WORK RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE


1.0 INTRODUCTION: The Dallas Independent School District is based in Dallas, Texas and operates schools in much of Dallas County. Dallas ISD is the 2nd largest school district in Texas and the 12th largest in the United States. Dallas ISD covers 312.6 square miles and most of the city of Dallas. The District also serves Cockrell Hill, most of Seagoville and Addison, Wilmer, most of Hutchins, and portions of Carrollton, DeSoto, Duncanville, Farmers Branch, Garland, Grand Prairie, Highland Park, Lancaster, and Mesquite. Dallas ISD similarly covers unincorporated areas of Dallas County including some areas in Ferris.

During the 2010-2011 school year, Dallas ISD served the educational needs of more than 157,000 students/households in grades K-12. Dallas ISD also served approximately 120,000 adult students in the adult and community education areas. The District contains approximately 138 elementary schools, 42 middle schools, 22 high schools, 16 adult/vocation schools, and 55 Charter schools within Dallas County (a total of 273 facilities). Additionally, Dallas ISD has a number of administrative, maintenance, and athletic facilities throughout the District. 2.0 SCOPE. Dallas ISD is seeking qualified vendors to provide full coverage preventive and corrective maintenance services for all heating, ventilation, air conditioning (HVAC) and related mechanical systems owned and/or leased and operated by the District. The District’s goal is to engage the services of one or more vendor(s) that will maintain the equipment and systems in a manner that, according to the manufacturer’s recommended performance standards, provides the highest level of efficiency and occupant comfort, minimizes unscheduled downtime, and extends equipment life.

2.1 Because of the large number of Dallas ISD facilities, the Procurement Office has chosen to divide the

school district into four (4) quadrants (Northeast, Northwest, Southeast, and Southwest) for the purposes of this solicitation. Vendors may choose to bid on one, two, three, or all four quadrants based on the capabilities of their firm. A listing of the facilities included in each quadrant is provided in Section VII, Appendices 1-4. Vendors will perform designated services only within the facilities and quadrant(s) in which they bid and are awarded a contract.

2.2 Vendors shall provide the necessary management, administration, supervision, labor, parts, materials,

tools, vehicles and equipment required to perform preventive maintenance according to manufacturer specifications and corrective maintenance (repairs and service calls) as requested by the schools or the Dallas ISD Facility Services Department.

2.3 Tasks to be performed on this contract include but are not limited to performing all inspections, testing,

cleaning, charging, evacuating, calibrating, preventative maintenance, repairs and servicing of the District’s HVAC units and systems.

2.4 The Contractor shall be responsible for the following equipment on this contract:

2.4.1 Electrical components beginning at the branch circuit/motor feeder over-current protection device. 2.4.2 Boiler gas trains, burner assemblies, and all components involved and necessary for compliance and safe operation starting after the fuel system supply valve. 2.4.3 Boilers and all components involved and necessary for compliance and safe operation starting after the domestic water supply backflow device.

24

2.4.4 Chilled water distribution systems beginning at the supply side of the backflow device and ending at the end of the drain pipe. 2.4.5 Individual roof top, DX, and window HVAC units, beginning at their connection to electrical service and ending at the end of the condensate line. 2.4.6 Individual heating units beginning at the fuel system supply valve.

2.5 All work on this contract should be performed using trained, skilled, and professional crafts

persons who are employed under the direct supervision of the Contractor in sufficient numbers to complete all tasks within the timeframes defined in this Scope of Work.

2.6 Normal working hours for the Administration Building and all school facilities are 7:00 am to 6:00 pm

Monday - Friday. Additionally, many of the school facilities are open for events and/or cleaning until later in the evening (some as late as midnight). The District expects that much of the work on this contract will be performed during normal working hours; however, the Contractor should be available at any time for emergency calls if needed.

2.7 Contractors shall respond to facility service requests within the following timeframes:

2.7.1 Emergency Service Calls – Contractors should respond to emergency calls within two (2) hours of receiving an emergency call and stay on-site until the situation is contained or the problem is resolved. The Contractor should provide a report to the District on all after-hours emergency service calls on the next business following the call.

2.7.2 Routine Maintenance Calls – Contractors should respond to all routine maintenance calls as quickly as possible but in no case more than eight (8) working hours after receiving a call.

2.8 Contractors may be mobilized into special response teams to handle Acts of God or emergency

situations that may arise. If called to do so, the Contractor shall respond within two (2) hours. 2.9 Exclusions to This Contract.

2.9.1 Dallas ISD will continue to operate all facilities housing Building Automation Systems (BAS) with in-house personnel. Personnel maintaining and operating these facilities and equipment will continue to be under the management and control of the Dallas ISD and are not included in the scope of this contract.

3.0 DISTRICT RESPONSIBILITIES: Dallas ISD will assume the following responsibilities related to this scope of work.

3.1 Dallas ISD will provide access to all facilities and devices which are to be serviced. 3.2 Dallas ISD will notify the Contractor of any unusual operating conditions associated with the equipment

covered by this Agreement. 3.3 Dallas ISD will be responsible for providing Contractors with access to the SchoolDude system. Dallas

ISD will not provide computers, printers, computer/printer supplies, or training related to the system.

25

3.4 Dallas ISD will provide sufficient office space under a lease agreement for vendors to work at the Dallas ISD William H. Cotton Service Center located at 3701 South Lamar, Dallas, Texas 75215. Space will also be provided for vehicle parking and for parts, materials, tools, and equipment storage.

3.5 Dallas ISD will provide desktop telephone, local and long distance service, internet and utilities in

association with the performance contract as part of the lease agreement for office space. The Contractor is responsible for all outside communication devices, such as, two-way radios, cell phones, pagers, etc. 4.0 SPECIAL OWNER RIGHTS: Failure of the District to insist on strict performance of any of the terms and conditions of the Agreement, or failure or delay to notify the Contractor of unusual operating conditions, shall not be deemed a waiver of any rights of the District to enforce strict performance on account of the Agreement. 5.0 CONTRACTOR RESPONSIBILITIES:

5.1 The Contractor shall perform all services required to complete the tasks described in this Scope of Work for the quadrant(s) they are assigned.

5.2 The Contractor shall be responsible for maintaining all HVAC equipment and systems contained in all

new school buildings and facilities in their quadrant(s) that are brought into use and service.

5.2.1 New schools will include a one year warranty however, the Contractor shall respond to trouble calls first to document the problem. They shall then relay this information the Construction Bond Office so that the Contractor providing warranty repair work can be called in. This Contractor shall make a full report to the Dallas ISD Director of Energy Management and HVAC Systems of all trouble calls occurring within the one-year warranty period for all new schools brought into operation during the term of this contract. 5.2.2 The District shall negotiate compensation/pricing for all new facilities with the Contractor on a case-by-case basis.

5.3 The Contractor shall be free to start and stop all primary equipment incidentals to the operation of the

systems in order to perform necessary service or maintenance. The Contractor shall make every effort to minimize the impact of the service or maintenance to students during school hours.

5.3.1 The Contractor shall notify the District immediately should any equipment or system be shut down for an extended period and the measures being taken to put the equipment back in service.

5.4 The Contractor shall perform repairs to equipment or components caused by normal wear. 5.5 The Contractor shall be responsible for pulling and paying any and all permits. 5.6 All planned and preventative maintenance work under these specifications shall be performed when it

does not impact the educational environment. Contractors may consider scheduling some or all preventive maintenance tasks after school hours.

5.7 The Contractor shall provide preventative maintenance inspections for all HVAC equipment. The

number of inspections per year will be in accordance with industry standards. 5.8 The Contractor shall report to the District conditions where a repair to or replacement of an existing

piece of equipment will exceed $25,000.00 with sufficient support information and data for the Contractor and the

26

District to reach a mutual agreement on a proper course of action to take to remedy the situation. This includes preparation of an estimate of damage, options on proper course of action, and potential costs of such actions. The District may, at its option, either negotiate with the awarded vendor for the quadrant where the repair/replacement are required to perform the repairs, conduct a separate procurement process to have the repair/replacement made or utilize an existing agreement to make needed repairs or replace the identified equipment.

5.9 As issues occur, the Contractor will advise the District of work outside the scope of this Agreement that

is recommended to be done to improve the system. 5.10 The Contractor shall provide its work crew with all vehicles, equipment, tools, and supplies necessary

to service this contract on a 40 hour per week basis in compliance with the district calendar. 5.11 The Contractor shall maintain a comprehensive stock of repair and replacement parts, and supplies at

warehouse space provided by the District and on trucks operated by the Contractor. Parts shall be current, new, not used, and of latest manufacturer’s stock, with expiration dates valid during the current contract year. Contractor is responsible for maintaining a current inventory of all needed parts, including ensuring that all parts, supplies or chemicals needed to provide these do not expire.

5.12 The Contractor will purchase all vehicles, tools, equipment, and supplies needed to perform the tasks

required on this contract. All items should be new and in good working order at the time of purchase.

5.12.1 The Contractor shall prepare, provide to the District, and maintain an inventory of all vehicles, tools, and equipment purchased and/or for use on this contract. 5.12.2 All vehicles, tools, and equipment purchased after Year One of the contract should be made within the District’s approval and within the annual budgeted amount.

5.12.3 All vehicles, tools, equipment, and supplies purchased for this contract will become the property of the District. 5.12.4 The Contractor should shall preserve and maintain vehicles, tools, and equipment in an acceptable working order. 5.12.5 The Contractor is responsible for tracking and enforcing the use of warranties on all vehicles, tools, and equipment. 5.12.6 Dallas ISD’s existing vehicles, equipment, and tools are not available for use or purchase by the Contractor.

5.13 Dallas ISD is aware that its inventory entered in SchoolDude may be incomplete. The successful offeror shall assist the District in gathering information related to individual equipment in each facility for input into SchoolDude. As technicians work on equipment/systems in a facility, they should note applicable equipment information (equipment type, manufacturer, model, serial number, location, etc.) and provide that information to their administrative personnel for input into SchoolDude or so it may be provided to District personnel and input into SchoolDude.

5.14 The Contractor is responsible for storing used oil and other hazardous waste in containers that meet

Federal Environmental Protection Agency (EPA) regulations and District guidelines for disposal. 5.15 The Contractor shall be liable for accidents, injury, breakage, loss or damage to the equipment or

machinery, appliances, or property connected therewith or the resultant consequences caused by negligent acts of

27

omission or commission by the Contractor's agents, employees, or subcontractors. Contractors shall cure all such liabilities resulting from Contractor’s actions, agents, employees, or subcontractors that are non-emergencies within 10 business days of the first report of the occurrence. Emergency occurrences resulting from Contractor’s actions, agents, employees, or subcontractors that do not present an immediate danger to Dallas ISD facilities, staff, or students, shall be cured within 48 hours. Emergency occurrences resulting from Contractor’s actions, agents, employees, or subcontractors that present an immediate danger to Dallas ISD facilities, staff, or students, shall be cured immediately.

5.16 The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations

bearing on the conduct of the work on account of the Agreement. 5.17 Contractors shall change UV lights on units that have them as environmental conditions dictate.

5.17.1 The Contractor shall only use replacement bulbs approved by the District. 5.17.2 The Contractor shall maintain a Bulb Changing Log at their office in located at the Dallas ISD Office in addition to noting bulb changes on applicable work orders in the SchoolDude database. This log shall be retained by the successful Contractor and available for inspection by the District upon request.

5.18 The Contractor shall facilitate a management meeting at least once monthly to include the Contractor’s

Management Team and the District’s designated administration team. The agenda for the meeting shall include but not be limited to:

A review of service logs and reports Review of unscheduled service calls Review of quality of the program Discuss and resolve conflicts Make recommendations for improvements Discuss energy management recommendations Other business relating to the service being provided

5.18.1 The Contractor shall prepare and distribute notes/minutes of the meeting within two days after the meeting to participants and to entities affected by decisions at the meeting.

5.19 The Contractor shall provide consistently reliable two-way communications equipment for personnel assigned to the contract to ensure good management of the operations, routing and deployment of technicians to perform the maintenance tasks for the period of the project.

5.20 Service technicians shall identify their presence to each school administrative office upon their arrival

and sign the visitor log before beginning any work at the site. Following any work at a Dallas ISD facility, the Contractor shall demonstrate to a member of the school staff that such work has been completed or is in the process of being completed. Prior to leaving the facility, the service technician shall request that the designated school staff sign the Contractor’s work ticket attesting only that that Contractor was on site

5.21 The Dallas ISD will provide keys to supervisors at the District’s expense. The Contractor is

responsible for all keys issued to its employees. Keys not specifically issued to an individual employee shall be kept in a locked area accessible only by Contractor’s management and/or designated administrative personnel.

5.21.1 The Contractor shall keep an inventory of all keys issued to its employees and notify the

28

District immediately of any lost or stolen keys. 5.21.2 At the sole discretion of the District, the Contractor may be responsible for the cost of replacing any keys lost by or stolen from their employees and/or the cost associated with re-keying any associated locks. 5.21.3 Upon resignation or termination of an employee, it is the Contractor’s responsibility to retrieve any keys in the employee’s possession prior to their separation from the Contractor’s employment.

5.22 The Offeror shall submit, in writing, a detailed phase-out plan to the District within 30 days of contract

award detailing the actions that will be taken during the last 60 days of the contract to ensure the continuation and continuity of all services without any interruption in the event you (as the offeror) are not selected to continue with the contract.

5.22.1 In the event that the Contractor is not selected for a follow-on contract, the Contractor shall continue to perform all tasks required of this contract as defined in the Scope of Work until such time that the contract ends. 5.22.2 All vehicles, parts, materials, and supplies that are in inventory after the Phase-Out period is completed shall remain the property of the District.

6.0 Staffing: It is the responsibility of the Contractor to provide a staffing level that will ensure the District’s HVAC systems perform at the highest level of efficiency to maintain occupant comfort, minimize unscheduled downtime, and extend equipment life. Dallas ISD reserves the right to request that the Contractor add additional staff if the Contractor fails to meet established performance goals and criteria.

6.1 Minimum Staffing Requirements. At a minimum, the Contractor must provide the following personnel to perform on this contract. Personnel should conform to all qualifications provided. Note: These minimum requirements are in no way meant to reflect the only staffing that will be needed by Contractors performing on this contract. Additional personnel will be required to satisfactorily perform the requirements outlined in this Scope of Work. These positions are meant only to provide a listing of staff that must be provided in order to be compliant with contract requirements.

6.1.1 Project Manager/Project Superintendent One full time position Acts as the liaison and coordinator with District personnel Responsible for all aspects of contract management including preparation of reports,

personnel hiring and management, subcontractor management, safety, quality control, estimates, proposals, and problem resolution. Ensures compliance with all contractual specifications.

Must possess and shall maintain a Class “A” Air Conditioning and Refrigeration Contractors license with CFC Universal certification

Must possess at least 15 years commercial HVAC maintenance experience Must possess at least 10 years commercial HVAC maintenance supervisory

experience Must demonstrate excellent oral and written skills

6.1.2 On-Site/Field Supervisor(s)

One or more full time position(s)

29

Responsible for day-to-day management of on-site and field personnel. Assigns work, inspects work-in-progress and completed tasks, and ensures completion of all related paperwork. Ensures service calls, maintenance and repairs are completed accurately and according to schedule. Conducts quality and safety training. Performs other supervisory tasks as assigned.

Supervisors should be responsible for no more than 15-20 HVAC technicians per shift Must possess and shall maintain a Class “A” Air Conditioning and Refrigeration

Contractors license with CFC Universal certification Must possess at least eight (8) years commercial HVAC maintenance experience Must possess at least eight (8) years commercial HVAC maintenance supervisory

experience

6.1.3 Clerk(s) One or more full time positions Trained in office functions and CMMS input Provides input to SchoolDude, issues work orders, performs radio dispatch, tracks

work orders. Performs other administrative duties as assigned by the Project Manager or the District.

Must possess at least one (1) year experience of CMMS experience Must be proficient in the use of computers and other office equipment and possess

good communication skills

6.2 HVAC Technicians. The Contractor shall provide a sufficient number of HVAC technicians to perform all corrective and preventive maintenance requirements required in their Dallas ISD quadrant. It is the Contractor’s responsibility to determine the number of service technicians needed based on the number of facilities in their assigned quadrant, the number and types of equipment in each facility, and the qualifications of their staff.

Full time position(s) Installs, services, and repairs environmental control systems in school facilities

utilizing knowledge of refrigeration, control, air conditioning, pipefitting, and structural layout. Performs preventive maintenance on air distribution, special purpose cooling, chillers, and heating units. Performs hot/cold temperature and other service calls as requested.

Must possess and shall maintain a State of Texas Class “A” Air Conditioning and Refrigeration Contractors license with CFC Universal certification

Must possess at least eight (8) years commercial HVAC maintenance experience 6.3 Uniforms. All service technicians shall wear a medium or light gray uniform and display a Dallas ISD

vendor photo identification badge at all times that they are on duty. The uniform shall include a DISD or Contractor logo in the upper left portion of the shirt. Technicians should be neat in their appearance at all times.

6.4 Company Vehicles. Service technicians shall report to district facilities only in service vehicles clearly

marked with the name and telephone number of the Contractor. 6.5 Availability of Personnel During School Hours. The Contractor shall ensure that it has sufficient

personnel scheduled between the hours of 7:00 am – 6:00 pm Monday – Friday in order to perform all services outlined in the Scope of Work. These hours may be adjusted, or flexed, in accordance with the District’s calendar for holidays.

6.6 On-Call Personnel. During the contract Phase-In Contractors shall provide the District with a list of

30

individuals that will be on-call after school hours. The assigned personnel shall be equipped with mobile devices, that transmit and receive text messages, supported by the District’s electronic communication system and be able to respond to after-hours service calls and emergency repair requests from the District. These personnel should respond within one (1) hour to after-hours and emergency calls but in no case more than the time limits described in the Scope of Work. 7.0 Computer Maintenance Management System (CMMS): Dallas ISD uses SchoolDude Facility Management software to streamline its maintenance work order process, schedule preventive maintenance, support inventory management, and provide accurate documentation and reporting. The system is web-based. The Contractor will utilize the system to obtain work order requests for preventive and corrective maintenance, and document the completion of all applicable tasks assigned for HVAC operations under this agreement and archive work requests in accordance with State regulations and District policy.

7.1 The Contractor shall monitor the SchoolDude online work order management system for new service requests and work orders. This system shall be checked at least every 15-30 minutes during the hours of 7:00 am to 4:00 pm Monday – Friday. The Contractor will adjust work schedules in accordance with District work hours and monitor work performance as outlined in the Scope of Work.

7.2 The Contractor shall plan, schedule, and direct personnel and materials for all HVAC work order requests generated in SchoolDude or orally by the Director of Energy Management and HVAC Systems for the quadrant(s) for which they are responsible.

7.3 The Contractor shall close out work order tickets in SchoolDude after the applicable work is completed by service technicians in the field. Work orders should be closed out no more than 5 days after completion of the work associated with a work order.

7.4 When closing out a work order, the Contractor shall update SchoolDude with a complete listing of parts, materials, and/or supplies that were used to complete the work order, the number of labor hours used to perform the preventative or corrective maintenance, a complete description of the tasks performed, and any other required and/or pertinent information related to the equipment or work completed.

7.5 The Contractor shall provide a monthly report to the Dallas ISD Director of Energy Management and HVAC Systems detailing all work activity performed by the Contractor during that month. The report should be received in the Director’s office no later than the 5th day of the following month.

7.6 The Contractor is responsible for obtaining all needed computers, printers, and related supplies needed for the operation and monitoring of the SchoolDude system. At a minimum, the Contractor’s computers must be capable of accessing the internet.

7.7 The Contractor is responsible for any training related to the SchoolDude system needed for its employees. 8.0 Reports, Records, and Logs: The Contractor will submit the following reports on the schedules indicated to Dallas ISD’s Director of Energy Management and HVAC Systems. As a minimum requirement, the Contractor will provide the following reports in both computer generated soft copy and hard copy:

Inspections of HVAC equipment and systems Testing Preventive maintenance schedule and performance Chemical Treatment along with support laboratory analysis Deferred work requests

31

Projected life expectancy of major equipment Filter replacement schedule and performance Each invoice signed by technician, supervisor and up line supervisor verifying work completion and quality

assurance Repeat calls Back log work requests Freeze protection Flow labels/arrows Contractor responsibility for fire dampers, ductwork and supply and exhaust fans related to HVAC (not

including the relays controlling these components) Please provide samples of these reports in your response.

8.1 After Contract Award. The Contractor is responsible for submitting the following documents and records

to the District as noted after contract award.

8.1.1 Insurance. The vendor shall submit all applicable insurance certificates as requested by the District.

8.1.2 Bid Bond. The vendor shall submit the required 5% performance and/or payment bond(s) to the District within ten (10) calendar days after the vendor’s offer is accepted.

8.1.3 Phase-Out Plan. The vendor shall submit a detailed phase-out plan to the District within 30 days of contract award detailing the actions that will be taken during the last 60 days of the contract to ensure the continuation and continuity of all services without any interruption in the event you (as the offeror) are not selected to continue with the contract

8.1.4 Vendor’s HVAC License. The vendor shall submit a copy of their current HVAC license to the District within ten (10) calendar days of contract award.

8.1.5 Employee Licenses. The offeror has 30 days after employment of trades personnel (including HVAC Technicians) to provide copies of applicable licenses to the District.

8.2 Refrigerant Compliance Management. On a quarterly basis the Contractor shall submit an implemented and documented Refrigerant Management Procedures Handbook in accordance with the requirements of the Federal Environmental Protection Agency and the Clean Air Act that their service technicians will follow in servicing, purging, storing, and recycling refrigerant to the District.

8.3 Monthly Reports. The Contractor is responsible for preparing the following reports on a monthly basis. Reports are due no later than the 5th day of the month following the reporting period.

8.3.1 Monthly Work Order Activity Report

8.3.2 Monthly Bulb Changing Log

8.3.3 Refrigerant Compliance Management Report: The Contractor shall provide Refrigerant Compliance Management recordkeeping to comply with EPA requirements. As a minimum, the Contractor shall provide reports documenting:

Equipment service records and refrigerant use history Equipment leakage rates Technician certification and training records

32

Recovery and recycling equipment usage

9.0 Pricing Submittals for Additional Work: During the period of the Agreement the District may elect to request additional services outside the scope of the current Agreement. When requested, the Contractor will submit a proposal for these services including an itemized listing of budget items which will total the complete cost of performing the services required under this Request for Proposal. 10.0 Evaluation and Award Process: Proposals received as a result of this solicitation will be evaluated according to details included in above Section III, Paragraph 7.0 of this document and scored according to the following scoring matrix:

Evaluation Criteria Max Points

Vendor Score

1.

The impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses.

This category relates to your M/WBE participation. Up to twenty (20) points are available to be distributed as noted in 1a – 1e below:

20

a. Firm has an Affirmative Action/Diversity Plan and/or Policy and its workforce

composition reflects its policies. List within the proposal, the firm’s Affirmative Action/Diversity Plan and/or Policy and the workforce composition.

1

b. Firm provided positive historical M/WBE utilization on previous contracts, including but not limited to Dallas ISD Contracts. 5

c. Composition of the firm’s team make-up meets the district’s M/WBE

participation goal at the subcontracting/supplier level and includes diverse M/WBE firms in significant and meaningful roles.

3

d. Composition of the firm’s team make-up exceeds the district’s M/WBE

participation goal at the subcontracting/supplier level and includes diverse M/WBE firms in significant and meaningful roles.

5

e. Firm has currently established a Joint Venture partnership with a certified M/WBE firm in significant and meaningful roles for this proposal. Specify the percentage that the certified M/WBE will be allocated. Submit a certified copy of the JV agreement. Points will be awarded, pro-rata, based on the participation and responsibilities of the partners.

5

f. Firm currently participates in a Mentor Protégé Program, as a mentor. List within the proposal, the name, address, and contact information for the protégé along with the Mentor Protégé agreement. Provide any progress reports and deliverables achieved.

1

2. The price of services. 30

3. Long-term cost to the District to acquire the vendor’s goods and services. 10

4. Reputation of the vendor and the vendor’s goods or services. 10

5. Quality of vendor’s goods and services. 5

6. The Vendor’s past relationship with District. 10

33

7. The Vendor’s technical capability.

This category is worth up to 15 points that will be distributed as noted in 7a – 7e below:

15

a. Staffing Plan 3

b. Phase-In Plan 2

c. Phase-Out Plan 1

d. Corrective Maintenance Plan 3

e. Preventive Maintenance Plan 3

f. Communications Plan 3

Maximum Points Available 100

Company Name:

11.0 Proposal Schedule: Dallas ISD desires to contract with one or more vendors to provide Full Service Maintenance – for HVAC and related Mechanical Systems under this solicitation according to the following schedule:

Timeline Release RFP September 28, 2011 Bidder’s Conference October 5, 2011 – 3700 Ross Ave, Dallas, Texas 75204 – Room 105 SchoolDude Demonstrations October 10-13 , 2011 Site Visits Allowed October – November 2, 2011 Deadline for Questions November 9, 2011 – 3:00 p.m. Responses to Questions Rec’d. November 16, 2011 RFP Due November 30, 2011 – 2:00 p.m. Interviews and Selection TBD Consultant selection approved January 26, 2012 Board meeting

12.0 Proposal Content List: The following items must be included in your bid package for your proposal to be considered responsive. Copies of each of the forms listed below are provided in section VI. Forms.

Offer Form Felony Conviction Notice Technical Proposal Form Proposal Cost Form Vendor Debarment Form Commitment to Provide Insurance Affidavit Qualification Statement Conflict of Interest Disclosure Statements/Questionnaire Bid Bond Notification of No Response (Only if applicable) Interlocal Agreement Consent Form Family Conflict Of Interest Questionnaire M/WBE Compliance Guidelines and Forms

34

VI. FORMS RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE


Each of the following forms shall be completed and returned with your proposal. Failure to submit one or more of these forms may render your proposal non-compliant and exclude it from the evaluation process. Offer Form

Felony Conviction Notice

Technical Proposal Form

Proposal Cost Form

Vendor Debarment Form

Commitment to Provide Insurance Affidavit

Qualification Statement

Conflict of Interest Disclosure Statements/Questionnaire

Bid Bond

Notification of No Response (Only if applicable)

Interlocal Agreement Consent Form

Family Conflict Of Interest Questionnaire

M/WBE Compliance Guidelines and Forms

35

VII. OFFER FORM RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE

MAINTENANCE, CHEMICAL TREATMENT, FILTER REPLACEMENT AND COIL CLEANING AND REPLACEMENT TO: Dallas ISD I, or we , the duly authorized undersigned, having carefully read the Instructions to Offerors, General Conditions, Notice to Offerors, Contract Specifications, Responsibilities of Offerors, and Offer Forms, do hereby agree to enter into a contract with Dallas ISD by tendering this offer to perform the work required and/or provide the product(s) specified in this solicitation. I, or we, will deliver the product(s) per specifications found in this RFP document for the prices indicated. I, or we, also certify to the accuracy of the certifications required (including, but not limited to, Felony Conviction Notice) which accompany this offer. The prices in this offer have been determined independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matter related to such prices, with any other offeror or with any competitor. I, or we, are authorized to submit this offer and have not been a party to any collusion among offer/offerors in restraint of freedom of competition by agreement to offer at a fixed price or to refrain from offering; or with any Dallas ISD employee, Board Trustee, or consultant as to quantity, quality, or price in the prospective contract, or in any terms of the prospective contract except in any authorized discussion(s) with Dallas ISD’s Purchasing personnel; or in any discussions or actions between offer/offerors and any Dallas ISD employee, Board Trustee, or consultant concerning exchange of money or other things of value for special consideration in the award of this contract. An individual proprietorship A partnership A corporation chartered under the laws of the State of , acting by its officers pursuant to its by-laws or a resolution of its Board of Directors Company Officer: Date: Name of Firm: Signature: Firm’s Address: Street Address

Name: Please Print City State Zip

Title: Phone #: Please Print

E-mail: Fax #: SS or Fed ID #:

ENVELOPES SHOULD BE PLAINLY MARKED: “RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE

MAINTENANCE, CHEMICAL TREATMENT, FILTER REPLACEMENT AND COIL CLEANING AND REPLACEMENT DUE DATE: NOVEMBER 30, 2011 – 2:00 P.M.”

THIS PAGE MUST BE RETURNED WITH THE RFP

36

Dallas Independent School District 3700 Ross Avenue, Box 89

Dallas, Texas 75205

FELONY CONVICTION NOTICE Statutory citation covering notification of criminal history of contractor is found in the Texas Education Code §44.034. Following is an example of a felony conviction notice:

FELONY CONVICTION NOTIFICATION

State of Texas Legislative Senate Bill No. 1, Section §44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.”

THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. VENDOR’S NAME: AUTHORIZED COMPANY OFFICIAL’S NAME (PRINTED): A. My firm is a publicly-held corporation; therefore, this reporting requirement is not applicable. Signature of Company Official: B. My firm is not owned nor operated by anyone who has been convicted of a felony: Signature of Company Official: C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): Signature of Company Official:


37

TECHNICAL PROPOSAL FORM

RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE MAINTENANCE, CHEMICAL TREATMENT, FILTER REPLACEMENT AND COIL CLEANING AND

REPLACEMENT In order to accurately evaluate the technical capabilities of prospective vendors, please answer the following questions as completely and thoroughly as possible. Failure to provide all requested information may result in the Evaluation Committee awarding a lower number of points to your proposal in the Technical category. All answers to these questions should be completed on separate sheets of papers and included behind this form with each question number that you are responding to clearly noted. Also, please provide the heading “Technical Proposal Response” at the top of each of your response pages.

1) Staffing Plan: It is important that vendors provide the appropriate number and type of employees to perform all tasks required on this contract. Please provide the following information for the quadrant(s) you are bidding.

a) Name of the quadrant(s) your response is based on b) A proposed organizational chart noting the reporting structure, number of each type of employee

that will be used, and employee titles/trades (including both administrative and trades employees) c) Job descriptions for each employee type d) Proposed work schedule for all employees (differentiating between times when corrective and

preventive maintenance will be performed, if appropriate)

2) Phase-In Plan: Describe your plan for starting up this contract beginning from the time you are notified of your award of a contract. The plan should include how you plan to work with the District to finalize a budget, coordinate and clearly define your role; transition to the Dallas ISD facilities; procure vehicles, tools, materials, parts, supplies, and equipment; interview and hire employees; etc. Discuss how long you think it will take before your company is fully operational and ready to perform all required duties defined in the Scope of Work.

3) Phase-Out Plan: Submit a phase-out plan detailing the actions that you would take during the last 60 days of the contract to ensure the continuation and continuity of all contract services without any interruption in the event you (as the offeror) are not awarded a follow-on contract.

4) Corrective Maintenance Plan: Describe the steps your company will take when corrective maintenance is required at a Dallas ISD facility from the time a request is received in SchoolDude until the time the work order is completed in SchoolDude. Discuss how you will handle repairs that will exceed a cost of $25,000.00 versus those that are under that limit. Also discuss repairs that may require the use of subcontractors and how you will select, manage, and control the quality of work performed by subcontractors. Explain how you plan to ensure that your company stays within the District’s budget.

5) Preventive Maintenance Plan: Describe how you plan to ensure that all preventive maintenance tasks are performed according to manufacturer specifications, according to schedule and within the District’s budget. Discuss when you will perform preventive maintenance and your plan for ensuring that school operations are not impacted by your plan.

6) Quality Plan: Discuss your plan for ensuring the quality of the work performed by your technicians as well as those services performed by subcontractors.


38

7) Reporting: Discuss how you plan to ensure that all reports required to be submitted to Dallas ISD are prepared and submitted to the District according to the instructions for format and within the timeframes discussed within this Request for Proposal.

8) Communications Plan: Discuss how you plan to ensure effective communication between your company and the District management, between your administrative personnel and your technicians, and between your technicians and school personnel.

9) Subcontractor Listing: Please complete the following table related to the subcontractors you plan to use if awarded a contract by Dallas ISD.

Company Name Address/Phone # MWBE Status Product/Service To

Provide


39

PROPOSAL COST FORM

RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE MAINTENANCE, CHEMICAL TREATMENT, FILTER REPLACEMENT AND COIL CLEANING AND

REPLACEMENT Identification of Quadrant Being Bid: In order to accurately evaluate price proposals, the Evaluation Committee must know if bidders are prepared to provide services in a single quadrant or in multiple quadrants of the school district if selected for award and which quadrant(s) of the school district that bidders are bidding on. Please answer the following questions as they relate to this bid to assist the Evaluation Committee in this effort. If you submit multiple bids under this RFP, please complete a separate Proposal Cost Form for each bid and answer these questions on every Proposal Cost Form that you submit.

1. Is your firm submitting multiple bids under this RFP? _____ Yes _____ No If yes, how many bids is your firm submitting in total? _____________

2. If your firm is bidding on more than one quadrant and it is selected to provide Full Service Maintenance for HVAC and related mechanical systems for Dallas ISD as described in this Request for Proposal, is your firm prepared/capable to perform work in more than one quadrant? _____ Yes _____ No

3. If the attached pricing relates to a single school district quadrant, please indicate which quadrant of the school district this bid relates to.

_____ Northeast only _____ Northwest only _____ Southeast only _____ Southwest only

If the attached pricing relates to two or more school district quadrants as a combination, please indicate which quadrants of the school district this bid relates to.

This bid relates to _____ (1, 2, 3, or all 4) Quadrants. (Check applicable quadrants below.)

_____ Northeast _____ Northwest _____ Southeast _____ Southwest

Cost Plus a Fixed Fee Bids: In order to keep costs reasonable, Dallas ISD would like to entertain bids for a Cost Plus a Fixed Fee contract for Full Service Maintenance – HVAC and Mechanical Systems. After contract award, the District will work with the vendor(s) to develop an annual line item budget for each quadrant. The vendor(s) will be required to adhere to that budget when performing both preventive and corrective maintenance within their assigned quadrant. Prior to exceeding any budgeted amount, the vendor will be required to meet with District management to review costs and discuss possible alternatives. Vendors will also be required to receive approval from the District before completing any repair or maintenance exceeding $ 25,000.00 and then submit detailed invoices for all costs associated with that work.

In addition, Dallas ISD has developed a set of Key Performance Indicators (KPIs) that will be used to evaluate each vendor’s performance on this contract. The KPIs are based on administrative and technical requirements outlined in the contract and Scope of Work. Payment of a portion of each contractor’s fee will be tied to their score based on these KPIs. The better the vendor performs on the contract, the more they are rewarded for that performance by receiving a higher amount of their fee that they are willing to place at risk.


40

Quarterly, the Executive Director of Facility Services will meet with the Contractor to review the KPIs and the score that the District has given to them based on their assessment of the contractor’s performance during the year. If the Contractor does not agree with the Director’s assessment, they may challenge their score by providing evidence that may alter their outcome. All challenges must be made within 30 days of the initial performance review and the decision of the Director is ultimately final. One quarter of the vendor’s fixed fee will be available for payment each quarter depending on their KPI score.

KPIs will not be measured for the first year of the contract to allow vendors to properly transition into the District facilities. Any vendor receiving a contract will receive 100% of their fixed fee for the first year of the contract.

Dallas ISD’s Key Performance Indicators and the grading scale for those KPIs are defined and provided in Appendix 5.

Instructions for Preparing Your Proposal:

The following rules should apply to each offeror’s proposal:

1. The offeror’s fee should be fixed with a percentage placed at risk based on Dallas ISD’s evaluation of the Key Performance Indicators. A minimum of 10% of the offeror’s fee must be based on evaluation of the Key Performance Indicators.

2. Transition costs should be evenly distributed across each contract year. In the event that the option years are not exercised, Dallas ISD will compensate the offeror for any unrealized transition costs remaining on the contract.

3. Pricing should be exclusive of the CPI adjustment and will be negotiated with the District on an annual basis.

4. Based on your review of the Dallas ISD facilities and equipment, please complete the following table as it relates to each budget year.



41

Budget Item Year 1 Year 2 Year 3 Option Year 1 Option Year 2

Labor – Corrective Maintenance $ $ $ $ $

Labor – Preventive Maintenance $ $ $ $ $

Labor - Administration $ $ $ $ $

Labor - Supervision $ $ $ $ $

Parts/Materials/ Supplies $ $ $ $ $

Administrative equipment/supplies $ $ $ $ $

Vehicles/vehicle maintenance $ $ $ $ $

Subcontractor Services $ $ $ $ $

Transition Costs $ $ $ $ $

Other $ $ $ $ $

Subtotal $ $ $ $ $

Annual Fixed Fee Amount $ $ $ $ $

Total Annual Contract Price $ $ $ $ $

% of Offeror’s Fee at risk each year under KPI evaluation: __________________%

Define % markup for out-of-scope parts/materials/supplies: __________________%


42

Dallas ISD reserves the right to entertain additional products/services available during the life of this agreement that have yet to be developed but would enhance the products/services provided under this agreement. Such considerations should be made available as part of the routine products/services included in this agreement and made available to client similar to Dallas ISD at no addition fee. Should additional fees be required for products/services not yet developed, Dallas ISD shall receive a cost justification proposal for the added product or service and shall have the right to accept or reject any such offer independent of the original agreement, to negotiate with the successful vendor for additional value and to counteroffer additional value, which may include pricing, additional warranty, technical support and/or training.

SIGNATURE OF OFFEROR: DATE: PRINTED/TYPED NAME OF OFFEROR: COMPANY NAME PHONE#: _____________________



43

VENDOR DEBARRMENT FORM NOTICE TO BIDDER: This document must be signed in order to be deemed eligible for award. Please submit this document with your bid submittal. Offeror’s signature affirms compliance with the following: I. DEBARMENT, SUSPENSION, INELIGBILITY AND VOLUNTARY EXCLUSION

(a) In accordance with the provisions of Appendix A to 49 CFR (Code of Federal Regulations), Part 29, the offeror certifies to the best of the offeror’s knowledge and belief, that it and its principals: (1) are not presently debarred, suspended, proposed for debarment, declared

ineligible, or voluntarily excluded from covered transactions by any Federal, State or Local Government department or agency;

(2) have not within a three (3) year period preceding this offer been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) are not presently indicted for or otherwise criminally or civilly charged by a

governmental entity (Federal, State, or local with commission of any of the offenses enumerated in (a)(2) above; and

(4) have not within a three (3) year period preceding this offer had one or more

public transactions (Federal, State, or local) terminated for cause or default. (b) Where the offeror is unable to certify to any of the statements above, the offeror shall

attach a full explanation to this offer.

(c) For any subcontract at any tier expected to equal or exceed $25,000:

(1) In accordance with the provisions of Appendix B to 49 CFR, Part 29, the prospective lower tier subcontractor certifies, by submission of this offer, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to the statement, above, an explanation shall be attached to the offer.

(3) This certification (specified in paragraphs (c)(1) and (c) (2), above, shall be

included in all applicable subcontracts and a copy kept on file by the prime contractor. The prime contractor shall be required to furnish copies of the certifications to the Authority upon request.


44

II. FELONY CONVICTION NOTIFICATION AND CRIMINAL BACKGROUND CHECK (a) Offeror must give advance notice to the District if the person or an owner or operator of the

business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. The District may terminate any Agreement or if the District determines that the person or business entity failed to give notice as required by this paragraph or misrepresented the conduct resulting in the conviction. This paragraph requiring advance notice does not apply to a publicly held corporation.

(b) Offeror will obtain criminal history record information that relates to an employee, applicant for

employment, or agent of the Offeror if the employee, applicant, or agent has or will have continuing duties related to the contracted services; and the duties are or will be performed on school property or at another location where students are regularly present. The Offeror certifies to the District before beginning work and at no less than an annual basis thereafter that criminal history record information has been obtained. The Offeror shall assume all expenses associated with the background checks, and shall immediately remove any employee or agent who was convicted of a felony, or misdemeanor involving moral turpitude, as defined by Texas law, from the District’s property or other location where students are regularly present. The District shall make the final decision on what constitutes a “location where students are regularly present.” An Offeror’s violation of this section shall constitute a substantial failure.

(c) If the Offeror is the person or owner or operator of the business entity, that individual may not self-

certify regarding the criminal history record information and its review, and must submit original evidence acceptable to the District with this Agreement showing compliance.

Signature below acknowledges compliance with Section I. DEBARMENT, SUSPENSION, INELIGILITY AND VOLUNTARY EXCLUSION and Section II. FELONY CONVICTION NOTIFICATION. SIGNATURE OF OFFEROR: DATE: PRINTED/TYPED NAME OF OFFEROR: COMPANY NAME: TEL#:


45

COMMITMENT TO PROVIDE INSURANCE AFFIDAVIT

If the Bidder shown below is awarded this contract by the Dallas ISD Purchasing Department, bidder will be able to, within ten (10) days of notification of such award, furnish a valid insurance certificate to the Dallas ISD Purchasing Department, meeting all of the insurance requirements in this bid. Insurance Coverages Reviewed: Agent’s Name: Agency Name: Address: City: State: ZIP: Telephone No: ( ) Fax No: ( ) Insurance Agent/Broker Signature: Company Name: Contact: Project/Bid No. and Title: Date: If the above ten day requirement is not met, the Dallas ISD Purchasing Department has the right to reject this bid and award the contract to the next lowest bidder meeting specifications. If you have any questions concerning these requirements, please contact Buyer, Dallas ISD Purchasing Department at (972) 925-4130. Bidder’s Signature: Date:


By submitting a bid and signing below I affirm the following: I am aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within ten days of notification of award.

46

DALLAS INDEPENDENT SCHOOL DISTRICT QUALIFICATION STATEMENT

FOR RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE


1. GENERAL INFORMATION

Date

Firm Name

Address

City State Zip

Contact Person(s) – limited to two persons per firm/application

Contact No. 1:

Name

Title

Telephone Fax

Internet/E-mail address

Contact No. 2:

Name

Title

Telephone Fax

Internet/E-mail address

Type of organization:

Sole proprietorship (individual) Partnership

Professional corporation Corporation

Joint venture Other

2. QUALIFICATION STATEMENT

In 100 words or less, describe what makes your firm uniquely qualified to provide Full Service Maintenance for Dallas ISD’s HVAC and related mechanical systems including any superior qualities your firm possesses that would benefit the district.


47

3. FIRM BACKGROUND AND STAFF

Year present firm established

Name of parent company, if any

Address of parent company

List principals of firm

Former company name(s), if any, and year(s) established:

Name Year

Name Year

Name Year

Who will be your designated representative assigned to Dallas ISD?

Who will be the senior member of the firm assigned to Dallas ISD?

Number of employees in firm locally:

Total of employees in firm (all office locations):

Number of years your firm has been providing full service maintenance:

Number of years your firm has been providing full service maintenance to school districts:

Number of years your firm has been providing service to Dallas ISD: Type of service(s)

provided:

4. PROFESSIONAL SERVICES (DISCIPLINES) PROVIDED BY FIRM

Please indicate below the types of services your firm could supply to Dallas ISD:

A. B. C. D. E. F. G.


48

Describe your companies’ methodology and history for servicing multiple facilities under a single contract.

What warranty does your firm offer on materials?

What warranty does your firm offer on labor?

License #s

5. PERSONNEL TO BE ASSIGNED TO THIS PROJECT

A. Is your company prepared to assign a full-time Project Manager/Superintendent to this contract? Yes No If yes, attach a resume, proposed job description, and copy of licenses, if applicable.

B. Is your company prepared to assign one or more full-time supervisor(s) to this contract?

Yes No

If yes, attach resume(s), proposed job description, and copy of licenses, if applicable. C. Is your company prepared to provide copies of licenses and certifications required for all applicable employees assigned to this contract within 30 days of award? Yes No

D. Is your company willing to interview and consider current Dallas ISD maintenance personnel for positions on

this contract before considering applicants from outside the school district? Yes No


49

6. PROFESSIONAL LIABILITY INSURANCE

Describe limits per project.

Describe limits in aggregate.

Describe deductible.

Number of claims asserted against your firm in the last five years.

Provide details of each claim, if any. Attach additional pages if necessary.

7. SCHOOL DISTRICT EXPERIENCE

Total number of school district clients your firm has serviced:

Has your company used the SchoolDude software system and are you familiar with the system?

Yes No

Has your firm provided full maintenance services (specifically for HVAC and related mechanical systems) for K-12 public school districts in the past? Yes No

If yes, list up to three school districts that your firm has provided services to: A. B. C.

Has your firm provided other maintenance services for K-12 public school districts in the past?

Yes No

If yes, list up to three school districts that your firm has provided services to and describe the type(s) of services provided:

A. B. C.

8. PROJECT REFERENCES

Please list five Full Service HVAC contracts (education-related contracts preferred) that would be representative of your firm’s work and services. Referenced projects must have been ongoing for at least one year or completed within the last three years. Dallas ISD will contact these references.


50

1. School District

Contact Name & Title Phone Number Period of Performance Scope of Project

2. School District


3. School District


4. School District


5. School District



51

9. Has your firm lost any contracts within the last year due to performance issues?

Yes No

If “Yes,” please explain.

10. Please attach any additional information and/or brochures that you would like to provide about your firm in relation to

this bid. 11. APPLICATION SIGNATURE:

Until a contract resulting from this process is executed, no employee, agent or representative of any professional services provider shall make available or discuss its proposal with the media in any form, electronic or printed, and elected or appointed official or officer of the District, or any employee, agent or other representative of the District, unless specifically allowed to do so by the Purchasing Department. The information contained herein is true and accurate to the best of my knowledge. By signing below, the firm agrees to allow Dallas ISD to check references given and that the information regarding the size and scope of each project is accurate. Further, the signature below certifies that this Qualification Statement has been completed with no consultation, collaboration or conversation with other firms competing on the same project.

NAME (Please print or type) TITLE DATE

SIGNATURE of FIRM’S CONTACT PERSON


52

Notice to Vendors Conflict of Interest Disclosure Statements

Texas Local Government Code, Chapter 176

Vendors are required to file a Conflict of Interest Questionnaire with the District if a relationship exists between the vendor’s company and an officer of the District. Vendors are encouraged to review and become familiar with all disclosure requirements of Texas Local Government Code, Chapter 176.

Disclosure is required from vendors regarding each affiliation or business relationship between the vendor and:

1. an officer of the District; 2. an officer of the District that results in the officer or family member receiving taxable income; 3. an officer of the District that results in the vendor receiving taxable income that does not come from the District; 4. a corporation or other business entity in which an officer of the District serves as an officer or director, or holds an ownership

interest of 10% or more; 5. an employee or contractor of the District who makes recommendations to an officer of the District regarding the expenditure of

money; 6. an officer of the District who appoints or employs an officer of the District that is the subject of the questionnaire; and 7. any person or entity that might cause a conflict of interest with the District.

Forms must be filed:

1. No later than the seventh business day after the date that the person begins contract discussions or negotiations with the government entity, or submits to the entity an application, response to a request for proposal or bid, correspondence, or other writing related to a potential agreement with the entity.

2. The Vendor also shall file an updated questionnaire:

a. no later than September 1 of each year in which a covered transaction is pending, and b. on the seventh business day after the date of an event that would make a statement in the questionnaire incomplete

or inaccurate.

3. A vendor is not required to file an updated questionnaire if the person had filed an updated statement on or after June 1, but before September 1 of the year.

(No one is required to file a disclosure under this statute before January 1, 2006)

Officers of the Dallas Independent School District are:

Lew Blackburn, Ph.D., President Adam Medrano, First Vice-President

Edwin Flores, Ph.D., J.D., Second Vice-President Bruce Parrott, Secretary Nancy Bingham, Trustee

Eric Cowan, Trustee Mike Morath, Trustee

Bernadette Nutall, Trustee Carla Ranger, Trustee

Alan King, Interim Superintendent of Schools

The Conflict of Interest Questionnaire is attached. If you are required to file, send the completed form to Dallas Independent School District, Purchasing Department, 3700 Ross Avenue, Box 89, Dallas, Texas 75204.

53

CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person seeking to do business with local governmental entity

FORM

CIQ

Name of Person Completing Form:

(Required Field)

Name of Company Completing Form:

(Required Field)

This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code.

A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

OFFICE USE ONLY

Date Received: / /

1

Name of person who has a business relationship with local governmental entity.

2

Check this box if you are filling an update to a previously filed questionnaire.

(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)

3

Name of local government officer with whom filer has employment or business relationship:

(List Name of Officer in space provided above)

If naming government officer above, completion of A, B, C & D below is required. If no conflict, check box at line 4 below.

This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has affiliation or business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire?

Yes No

B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity?

Yes No

C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more?

Yes No

D. Describe each employment or business relationship with the local government officer named in this section.

4

Check here if you are NOT reporting a conflict with any government officer of Dallas ISD

5

Signature (Required) Date

THIS PAGE MUST BE COMPLETED, SIGNED AND RETURNED WITH YOUR RESPONSE

54

BID BOND

THE STATE OF TEXAS ) KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF DALLAS )

THAT we, ________________________________________________________________ (Contractor)

AS Principal, and ________________________________________________________________ (Surety) as Surety, are held and firmly bound unto the Dallas Independent School District, hereinafter called the Owner, in the penal sum of __________________________________________________Dollars ($___________), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and several firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated ________________________, 20____, being for the construction of ________________________________________with appurtenances thereto, located in Dallas County, Texas, the kind and extent of work involved being set forth in detail in the proposed Contract Documents cited herein. NOW, THEREFORE if the Owner shall notify the Principal of the acceptance of the bid of the Principal within 60 days of the date of the submittal of the bid and if the Principal shall within 10 days of receipt of such notification enter into a contract with the Owner in accordance with the bidding or Contract Documents, including furnishing acceptable Certificates of Insurance with the required Performance and Payment Bonds each in the amount of one hundred percent (100%) of the total contract sum, or in the event of failure of the Principal to enter into such contract and submit such bonds and insurance within the specified time, if the Principal shall pay to the Owner the difference between the aggregate amount specified in said bid and the aggregate amount for which the Owner may in good faith enter into contract for the same work with another bidder, then the above obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this ______ day of ________________ 20 _____, the name and Corporate Seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.

____________________________ __________________________________ (Business Address) (Individual Principal) ____________________________ __________________________________ (Business Address) (Corporate Principal) ATTEST: ____________________________ __________________________________ Secretary President ____________________________ __________________________________ (Surety Business Address) Corporate Surety ATTEST:____________________ BY:______________________________

THIS PAGE MUST BE RETURNED WITH THE RFP (If applicable)

55

NOTIFICATION OF NO RESPONSE RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE MAINTENANCE,

CHEMICAL TREATMENT, FILTER REPLACEMENT AND COIL CLEANING AND REPLACEMENT Dallas ISD

3700 Ross Avenue, Box 89 Dallas, Texas 75205

If applicable, please sign and return this form to the attention of:

Gary Kerbow

(at the above address)

Dallas ISD would appreciate receiving this notification to better utilize our resources in corresponding with potential vendors throughout the solicitation process.

After a review of RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE MAINTENANCE, CHEMICAL TREATMENT, FILTER REPLACEMENT AND COIL CLEANING AND REPLACEMENT, it was decided that there would not be a response to the request for proposal. The decision is based upon one or more reasons checked below. 1. Unable to meet specifications for ( check all that apply ):

Vendor qualifications Insurance Coverage required Timeline

2. Unable to utilize desired markets 3. Able to, but just prefer not to respond 4. Other: Please explain Any elaboration to the above would be most appreciated. Dallas ISD wants to receive feedback to consider for future solicitations. Please use the space below to share your comments.

( ) ( ) Company (Print or Type) Phone Fax

Signature in ink Date Printed Name & Title of Signature

THIS PAGE MUST BE RETURNED WITH THE RFP (If applicable)

56

INTERLOCAL AGREEMENT CONSENT FORM RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE

MAINTENANCE, CHEMICAL TREATMENT, FILTER REPLACEMENT AND COIL CLEANING AND REPLACEMENT 1.0 INTERLOCAL AGREEMENT CLAUSE: With a vision of cooperating together to improve their procurement power on like products and services, the Educational Purchasing Cooperative of North Texas (EPCNT) became a reality in 2002 through the coordinated efforts of North Texas public school districts. EPCNT is comprised of public school districts, charter schools, and Region Service Centers located in the Region X and XI Education Service Center areas. 2.0 AUTHORITY: EPCNT is based on the authority contained in the Interlocal Cooperation Act, Texas Government Code Section 791 et seq. and in Subchapter F, of Chapter 271 of the Texas Local Government Code. The provisions of Chapter 791 of the Texas Government Code and the provision s of Subchapter F, of Chapter 271 of the Texas Local Government Code are incorporated in this Master Agreement and this Master Agreement shall be interpreted in accordance with those laws.

3.0 DUTIES OF THE MEMBERS: The members agree to undertake the following, from time to time, as may be appropriate:

3.1 Coordinate and host multi-governmental entity solicitations for purchase of goods and services from third party vendors, as may be determined from time to time to be cost effective and provide efficiencies as consolidated purchases.

3.2 Make available specifications, documents, software, procedures and related items in connection with bidding and purchasing processes.

3.3 Actively participate in and provide support to meetings and other activities conducted by the EPCNT. 3.4 Maintain as confidential, subject to the Texas Public Information Act, information supplied by Parties to the EPCNT

and deemed by the EPCNT to be confidential.

4.0 PURCHASING AUTHORITY:

4.1 All District or cross-District contracts for the purchase of goods and services, regardless of whether formed as a result of EPCNT activity or interaction shall be directly between the Members or Participants or combinations of the Parties and Vendors providing goods and services to the associated governmental entities.

4.2 The EPCNT, in and of itself, shall not have any authority to make purchases of goods and services directly with vendors or contractually binds its Members or Participants to any third party agreements (except for the Interlocal Participation Agreement described in paragraph 3.2) for the purchase of products and services GOVERNING LAW.

4.3 The Master Agreement and all actions taken pursuant to this Master Agreement shall be governed by the laws of the State of Texas respecting independent school districts. Members specifically elect to be governed by the laws regarding purchasing found in Chapter 44 of the Texas Education Code. All action of this alliance shall be governed by the laws of the State of Texas and venue for any litigation regarding this Agreement or the Parties hereto shall be in Denton County, Texas.

5.0 AGREEMENT CONSENT ACKNOWLEDGEMENT: Several governmental entities around the Dallas Independent School District have indicated an interest in being included in this contract. Should these governmental entities decide to participate in this contract, would you, (the vendor) agree that all terms, conditions, specifications, and pricing would apply?

□ Yes □ No

If you (the Vendor) checked yes, the following will apply: Governmental entities utilizing Internal Governmental contracts with the Dallas Independent School District will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entity other than Dallas Independent School District will be billed directly to that governmental entity and paid by that governmental entity. Dallas Independent School District will not be responsible for another governmental entity’s debts. Each governmental entity will order its own material/service as needed. A listing of current member is available at http://www.epcnt.com.

Printed Name: Signature Date


57

FAMILY CONFLICT OF INTEREST QUESTIONNAIRE

This Questionnaire must be completed by every individual or entity that contracts or seeks to contract with the District for the sale or purchase of property, goods, or services.

The questionnaire(s) required by this policy shall be filed with the Director of Purchasing not later than the seventh (7TH) business day after the date that the individual or entity begins contracts discussions or negotiations with the District or submits to the District an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the District. If the individual or entity becomes aware of new facts or change of facts that would make the completed questionnaire(s) inaccurate, the individual or entity shall file an amended questionnaire(s) within seven (7) days of the date the individual or entity first learned of the new facts or changes in facts.

Family or family relationship means a member of an individual’s immediate family, including spouse, parents, children (whether natural or adopted), aunts, uncles, and siblings.

For individuals who contract or seek to contract with the District for the sale or purchase of any property, goods, or services:

Identify each and every family relationship between yourself (and any member of your family) and any full-time District Employee (and any member of such employee’s family) (please include name and sufficient information that will allow proper identification of any named individual):

For entities that contract or seek to contract with the District for the sale or purchase of property, goods, or services: Identify each and every full-time District employee (and any member of the employee’s family) who serves as an officer or director of the entity, or holds an ownership interest of 10 per cent or more in the entity (please include name and sufficient information that will allow proper identification of any named individual):

If more space is required please attach a second page. If the answer to any question is none, or not applicable, please write “None” or “Not Applicable” in the space reserved for that answer. “I certify that the answers contained in this questionnaire are true and correct.” Individual: Date:

Entity:

By: Date: Signature Title:

Certified this day of , 20 , by Notary Public Notary Seal


age 1 of 97Page 1 of 97Page 1 of 97e 1 of 97

ATTACHMENT H

M/WBE Compliance Guidelines and Forms

To be completed and signed by the Prime Vendor/Contractor

The undersigned agrees that he/she has read and understood the M/WBE Compliance Guidelines and Forms and that all information is correct to the best of his/her knowledge.

Print Name/Title: Date:

Signature: Telephone:

For additional information contact: M/WBE Department, 3700 Ross Avenue, Box 76, Dallas, TX 75204

Phone: (972) 925-4140, Fax: (972) 925-4141/4149, Email: [email protected], Website: www.dallasisd.org

Read carefully: The M/WBE Program requirements are applicable to all bidders/proposers, including minority and women owned firms. These forms must be attached to any procurement document totaling $25,000 or more and are due at the time of bid/proposal opening.

M/WBE Compliance Guidelines and Forms To be completed by the Prime Vendor/Contractor

M/WBE Compliance Guidelines and Forms Must be Attached to All Procurement Documents Totaling $25,000 or More Page 2 of 7

Form #3000

Minority/Women Business Enterprise (M/WBE) Policy Endorsement

All District respondents are required to demonstrate positive and reasonable good faith efforts to subcontract with and/or procure supplies/services with minority and women-owned companies. The completed M/WBE Compliance Guidelines & Forms must be attached to all procurement responses totaling $25,000 or more. If the completed M/WBE Compliance Guidelines and Forms are not attached by the due date, responses to the procurement documents will be considered nonresponsive.

Instructions for Completing the M/WBE Compliance Guidelines and Forms

1. If you will utilize subcontractors, complete sections A, B, C, D, and sign page 1. Section E (Letter of Intent to Perform/Contract as a Subcontractor) is not required at the time of bid opening; however, it must be submitted prior to entering into an executed agreement with the District. Section E should be obtained from the M/WBE subcontractors you plan to utilize.

2. If you will not utilize subcontractors, complete sections A, B, and sign page 1. 3. If you are submitting a Request for Proposal (RFP), Request for Qualification (RFQ) or construction related procurement solicitation,

complete sections F through I.

4. Submit the completed M/WBE Compliance Guidelines & Forms by the due date.

Clarification for the Joint Venture and Mentor Protégé Criteria

1. A company that has currently established a Joint Venture Partnership with a certified M/WBE firm for this proposal may be awarded up to 5 points. The Joint Venture Partnership is evaluated and awarded points as a prime vendor; therefore, the certified M/WBE partner will not be counted towards the M/WBE subcontractor utilization. Each prime vendor is encouraged to meet the M/WBE participation goal at the subcontracting level.

2. A company that has currently established a Mentor Protégé Agreement with an M/WBE firm may be awarded up to 5 points. The certified M/WBE protégé may be counted towards the M/WBE subcontractor utilization, if the M/WBE protégé will be performing as a subcontractor.

3. A company that is willing to voluntarily participate in the District’s Mentor Protégé Program (which targets goods, services, and other professional service providers) may be awarded up to 1 point. Subsequently, if a successful Mentor Protégé Agreement is established, the company may be awarded additional points for future responses.



Form #3000

PLEASE READ BEFORE COMPLETING THE M/WBE COMPLIANCE GUIDELINES and FORMS.

It is a continuing goal of the District to involve minority and women-owned businesses (M/WBE) to the maximum extent possible in all facets of the District’s contracting and purchasing activities.

The completed M/WBE Compliance Guidelines and Forms must be attached to all procurement documents totaling $25,000 or more and

are due with the bid/proposal at the time of bid opening. If the completed M/WBE Compliance Guidelines and Forms are not attached, responses to procurement documents will be considered non-responsive.

The District’s aspirational M/WBE goal is 30 percent for goods, services, and construction contracts. The aspirational M/WBE goal for

bond funded professional services contract is 35 percent. Please note, the District may assign a contract specific M/WBE goal. The M/WBE goal is applicable to any change orders, additional services, modifications or revisions to the original contract. Review your solicitation documents.

For exceeding the District’s aspirational M/WBE goals by an additional percentage, points will be awarded as follows:

Exceeding M/WBE Goal by an Additional Cumulative Points

1% up to 5% utilization .5 5.01% up to 10% utilization 1

10.01% up to 15% utilization 1.5 15.01% up to 20% utilization 2

20.01% up to 25% 2.5 25.01% and greater 3

30.01% up to 35% utilization 3.5 35.01% up to 40% utilization 4

40.01 up to 45% utilization 4.5 45.01% up to 50% and greater utilization 5

The District recognizes M/WBE certifications issued by the North Central Texas Regional Certification Agency (NCTRCA), State of Texas

Historically Underutilized Business (HUB), Department of Transportation (DOT), Small Business Administration (SBA) – 8A or SDB, South Central Texas Regional Certification (SCTRCA), D/FW Minority Business Council, National Minority Supplier Development Council, City of Houston, Corpus Christi Regional Transportation, Women’s Business Council and City of Austin. Other certifications may be considered on an individual basis.

Vendors do not have to be certified as an M/WBE to participate in the District’s contracting and purchasing activities.

All District bidders/proposers are required to demonstrate positive and reasonable good faith efforts to subcontract with and/or procure supplies/services with M/WBEs.

Respondents who will subcontract portions of the work will be required to submit a letter of intent to subcontract (page 6, section E) for each proposed subcontractor prior to an agreement being executed by the Board or District, or committing the District to an expenditure of funds.

Bidders/proposers may not apply one of its subsidiary companies or its own workforce towards meeting its M/WBE subcontracting goals.

Changes to the List of Subcontractors (page 5, section C) must be reviewed and approved by the M/WBE Department prior to any changes being made.

The contractor/proposer shall notify the M/WBE Department if the percentage of M/WBE participation declines or falls below the level of participation represented in the contract. The contractor shall promptly notify the M/WBE Department within 7 days and obtain a listing of other qualified M/WBE vendors to meet the commitment amount.

Contractor will be required to submit a Pay Activity Report indicating the amounts paid to its subcontractors with each pay application submitted or as requested by the District.

Contractor agrees to establish a written contract with each subcontractor. At minimum, the contract must include the scope of work, payment terms, termination of M/WBE Clause, Prompt Payment Clause, and Retainage Clause.

The contractor will be required to maintain records showing the subcontract/supplier awards, subcontractor payment history, specific efforts to identify and award contracts to M/WBEs, and copies of executed contracts with M/WBEs. The contractor must provide access to books, records and accounts to authorized District, state and federal officials for the purpose of verifying M/WBE participation and good faith efforts. All District contracts are subject to an M/WBE audit.



Form #3000

Bid/Proposal #:

Bid/Proposal Title:

Prime Vendor / Contractor:

Company Address:

City: State: Zip:

Contact Person: Phone: Email:

Section A. Is your company a Minority or Woman-Owned Business Enterprise (M/WBE)?

Yes If you answered “Yes,” complete the current certification information in the boxes below, then continue to Section B.

No If you answered “No,” then continue to Section B.

Certifying Entity North Central Texas Regional Certification Agency (NCTRCA), State of

Texas Historically Underutilized Business (HUB), Department of Transportation (DOT), Small Business Administration (SBA) – 8A or SDB,

South Central Texas Regional Certification Agency (SCTRCA), D/FW Minority Business Council, National Minority Supplier Development Council,

City of Houston, Corpus Christi Regional Transportation, Women’s Business Council and City of Austin.

(If you are not M/WBE certified, list non-certified.)

Certification Number

Ethnicity Gender

Section B. Will you use subcontractors as a part of this bid/proposal?

Yes If you answered, “Yes”, complete Sections C and E.

No If you answered “No”, a written explanation is required below. (If you answered “No”, Sections C, D and E are not applicable.)



Form #3000

Section C. Subcontractor Utilization (List all subcontractors (minority and non-minority) that will be

utilized in this bid/proposal. Non-certified firms will not be counted towards the prime’s M/WBE subcontracting goals. Bidders/proposers may not apply one of its subsidiary companies or its own workforce towards meeting its M/WBE subcontracting goals. Use additional sheets if necessary.)

Subcontractor/

Supplier

Contact Person &

Phone Number

Certification Type

Certification #

Ethnicity/ Gender

Service/Supplies to be Provided

Estimated Amount

% Of Total Bid

Totals

Special Note: Respondents who will subcontract portions of the work will be required to submit a letter of intent to subcontract

(page 6, section E) for each proposed subcontractor prior to an agreement being executed by the Board or District, or committing the District to an expenditure of funds.

Section D. Good Faith Efforts Documentation (Complete this section if subcontractors will be utilized;

however, the subcontractors are not M/WBE.)

Yes No 1. Was contact made with M/WBEs by telephone or written correspondence at least one week before the

bid was due to determine whether any M/WBEs were interested in subcontracting and/or joint ventures?

2. Were contracts broken down to provide opportunities for subcontracting? 3. Was your company represented at a pre-bid/proposal conference to discuss, among other matters,

M/WBE participation opportunities and obtain a list (not more than two months old) of certified M/WBEs?

4. Was information provided to M/WBEs concerning bonding, lines of credit, technical assistance, insurance, scope of work, plans/specifications, etc.?

5. Were subcontracting opportunities advertised in general circulation, trade associations, minority/women-focused media and/or minority chambers of commerce?

6. Did you encourage non-certified M/WBEs to pursue certification status?

7. Were negotiations conducted in good faith with interested M/WBEs?

8. Were the services utilized of available minority and women, community organizations, contractor groups, local, state, and federal business assistance offices, and other organizations that provide assistance in the identification of M/WBEs?

Special Note: The good faith efforts documentation is subject to an M/WBE audit. Upon request, you

will be required to provide supporting documentation for the purpose of verifying your good faith efforts.



Form #3000

Letter of Intent to Perform/Contract as a Subcontractor Section E. Intent to Perform/Contract as a Subcontractor. Complete a form for each minority or woman–owned subcontractor, which

will be utilized in this bid/proposal. If necessary, make copies to list additional subcontractors/suppliers. Pursuant to District policy (CH Local), only “certified” M/WBEs may be counted towards meeting the District’s M/WBE goal at the subcontracting level. Refer to page three (3) bullet four (4) of the M/WBE Compliance Guidelines and Forms for a listing of Dallas ISD-recognized certifications. Bid/Proposal #: Bid/Proposal Title:

1. Name of Offeror / Prime Contractor

Address, City, State & Zip

SUBCONTRACTORINFORMATION:

2. The undersigned has been certified by a Dallas ISD recognized certification agency Name of Agency: Certification Number: Ethnicity/Gender: 3. The undersigned is prepared to perform the following described work/service and/or supply the material listed in connection with the above

project

and at the following price $

By:

(Name of the M/WBE Firm) (Signature of Owner, President or Authorized Agent) (Date)

(Phone) (Print or Type – Name of Owner, President or Authorized Agent of M/WBE Firm)

DECLARATIONOFPRIMECONTRACTOR:

I HERBY DECLARE AND AFFIRM that I am the (Name of Declarant) (Title of Declarant) and a duly authorized representative of

(Name of Prime Contractor) to make this declaration that I have personally reviewed the material and facts set forth in this Letter of Intent to Perform/Contract as a Subcontractor form. To the best of my knowledge, information and belief, the facts and representations contained in this form are true. The owner, president or authorized agent of the M/WBE firm signed this form and no material facts have been omitted. The prime contractor has designated the following person as their M/WBE Liaison Officer:

(Name of M/WBE Liaison Officer) (Phone) Caution: Any false statements or misrepresentations regarding information submitted on this form may be a criminal offence in violation of Section 37.10 of the Texas Penal Code.

Phone Number:

(Name of Declarant) (Phone)

Date:

(Signature of Declarant) (Date)



Form #3000

Sections (F through I) should be completed for Request for Proposals (RFP), Request for Qualifications (RFQ) and all construction procurement solicitations.

Section F. Workforce Composition

EMPLOYEE CATEGORY

TOTAL

EMPLOYEES

NON

MINORITY

AFRICAN

AMERICAN

HISPANIC

NATIVE

AMERICAN

ASIAN

Male Female Male Female Male Female Male Female Male Female Male Female

Executive & Managerial

Technical & Skilled

Office & Clerical

TOTAL

Section G. Does Your Company Have A Written Affirmative Action Plan or Supplier Diversity Initiative?

Yes My company has a written Affirmative Action Plan or Supplier Diversity Initiative, which is included within this proposal.

No My company does not have a written Affirmative Action Plan or Supplier Diversity Initiative.

Section H. Historical M/WBE Utilization List M/WBE Subcontractors that were utilized on previous Dallas ISD projects. If no Dallas

ISD experience, please list similar projects.

Name of Project M/WBE Subcontractor/Supplier or

Joint Venture Partner

M/WBE Contact Person & Phone

Number

Amount or % of Bid

Section I. 1. Does Your Company Currently Participate in a Joint Venture Agreement with a Certified M/WBE for this Proposal? Yes No 2. Does Your Company Currently Participate in a Mentor Protégé Plan? Yes No 3. Will Your Company Voluntarily Participate in the District’s Mentor Protégé Program? Yes No Please provide responses below to support answers provided in Section I.

Yes My company has attached a notarized Joint Venture Agreement. No My company has not attached a notarized Joint Venture Agreement. Yes My company has attached a current Mentor Protégé Plan. No My company has not attached a current Mentor Protégé Plan.

For additional information, visit the following websites:

Mentor Protégé Plan: http://www.dallasisd.org/inside_disd/depts/business/support/mwbe/MPP.pdf

Joint Venture Agreement: http://www.dallasisd.org/inside_disd/depts/business/support/mwbe/JV.html

62

VII. APPENDICES RFP #GK-203817 - FULL SERVICE HVAC MECHANICAL SYSTEMS MAINTENANCE REPAIR, PREVENTIVE


TABLE OF CONTENTS

Appendix 1 – Northeast Quadrant Facility Listing

Appendix 2 – Northwest Quadrant Facility Listing

Appendix 3 – Southeast Quadrant Facility Listing

Appendix 4 – Southwest Quadrant Facility Listing

Appendix 5 – Key Performance Indicators & Grading Scale

Appendix 6 – Facility Listing with Square Footage

Appendix 7 – Equipment Listing per Location

Appendix 8 – Sample Contract Agreement to be Executed Between Dallas ISD and Successful Contractor(s)

Appendix 1 – NORTHEAST QUADRANT FACILITY LISTING

63

1. Northeast Quadrant Facility Listing to be added by Addendum

Appendix 2 – NORTHWEST QUADRANT FACILITY LISTING

64

1. Northwest Quadrant Facility Listing to be added by Addendum

Appendix 3 – SOUTHEAST QUADRANT FACILITY LISTING

65

1. Need Southeast Quadrant Facility Listing to be added by Addendum

Appendix 4 – SOUTHWEST QUADRANT FACILITY LISTING

66

1. Southwest Quadrant Facility Listing to be added by Addendum

Appendix 5 - KEY PERFORMANCE INDICATORS & GRADING SCALE

67

The following are the Key Performance Indicators (KPIs) developed for this contract. Each KPI is associated with a point value. The better the vendor’s performance, the higher the number of points they receive.

Key Performance Indicators & Scoring Criteria Possible Points

A. Budget & Accounting 30

1). Repairs and maintenance costs for the quarter were managed to the District-approved budget.

If actual costs did not exceed the projected and approved budget during the

measured period = 20 Pts.

If actual costs were no more than 5% over the projected and approved budget for the

measured period = 15 Pts. 20

If actual costs were no more than 10% over the projected and approved budget for

the measured period = 10 Pts.

If actual costs were no more than 15% over approved budget for the measured

period = 5 Pts.

If actual costs were more than 15% over approved budget for the measured period =

0 Pts. Data from the District Accounting’s office will be used to determine actual costs and project budget

amounts. 2). Standard accounting practices were followed for all accounting functions according to

District requirements. Met accounting objectives = 10 Pts. 10 Did not meet accounting objectives = 0 Pts.

The District Accounting office will determine if standard accounting practices were followed on a quarterly basis and provide evidence of non-compliance if appropriate.

B. Reporting Requirements 20

1). Monthly financial and operating reporting packages were completed accurately and on time.

Monthly reports received by District a total of 10 working days or less past due dates

during the quarter = 10 Pts.


during the quarter = 8 Pts. 10


during the quarter = 5 Pts.

Monthly reports received by District a total of 21 working days or more past due

dates during the quarter = 0 Pts. The District’s Executive Director of Facility Services office note the date financial and operating reporting

packages are received in their office and keep a total of the number of days each quarter that the packages are past due each quarter.

2). The contractor conformed to MWBE usage and reporting requirements. Met 95-100% of stated objectives = 10 Pts. Met 90-94% of stated objectives = 9 Pts. 10

Met 85-89% of stated objectives = 5 Pts. Met less than 85% of stated objectives but showed good faith = 3 Pts.

Contractors will submit a report to the District monthly outlining subcontracted services, amounts, and MWBE status of the subcontractor.


68

C. Technical Compliance 30

1). Contractor met 100% of national, state, local, and OSHA codes and requirements for Safety and safety reporting.

Met requirement = 10 Pts. 10 Did not meet requirement = 0 Pts.

2). All preventive maintenance tasks performed according to schedule.

If 90-100% of all scheduled PMs were performed within 5 days of scheduled

completion date = 10 Pts.


completion date = 8 Pts. 10


completion date = 5 Pts.

If less than 70% of all scheduled PMs were performed within 5 days of scheduled

completion date = 0 Pts. Data from SchoolDude will be used to determine the completion date of all scheduled PMs.

3). Service calls/repairs (corrective maintenance) were responded to and completed within timeframes required by Statement of Work.

If 90-100% of all corrective maintenance was responded to and completed within

timeframes required by Statement of Work = 10 Pts.


timeframes required by Statement of Work = 8 Pts. 10


timeframes required by Statement of Work = 5 Pts.

If less than 70% of all corrective maintenance was responded to and completed

within timeframes required by Statement of Work = 0 Pts. Data from SchoolDude will be used to determine the completion time and date of all corrective

maintenance. Due to the age of some District equipment, some exceptions to response time rules may be made by District personnel on a case-by-case based on parts availability for hard to find parts and/or equipment.

D. Compliance with Personnel Requirements 20

1). The contractor's personnel meet all requirements for employment including possession of current licenses and certifications (if applicable).

If 95-100% satisfied = 10 Pts. If 90-94% satisfied = 8 Pts. If 80-89% satisfied = 5 Pts. 10 If 70-79% satisfied = 3 Pts. If less than 70% satisfied = 0 points

The District’s Personnel Office will determine if personnel meet employment qualifications and licensing requirements. Evidence of non-compliance will be provided if applicable.

2). The contractor maintains sufficient staffing levels to perform all administrative and operations tasks required by the Statement of Work.

If staffing levels were sufficient to perform stated tasks = 5 Points 10 If staffing levels were not sufficient to perform stated tasks = 0 Points

The District will provide evidence to prove insufficient staffing levels if applicable.


69

Scoring:

Evaluation Criteria Possible Points Points Received

A.1. Cost versus Budget 20

A.2. Accounting Practices Compliance 10

B.1. Financial & Operating Reports 10

B.2. MWBE Compliance & Reporting 10

C.1. Safety & Safety Reporting 10

C.2. PMs Completed to Schedule 10

C.3 Corrective Maintenance Response Times 10

D.1. Employees Meet Employment Requirements 10

D.2. Staffing Levels 10

Total Number of Points 100

90-100 Points = Contractor Receives 100 % of Fee at Risk

80 – 89 Points = Contractor Receives ______ % of Fee at Risk



Less than 60 Points = Contractor Receives ______ % of Fee at Risk

Appendix 6 – FACILITY LISTING WITH SQUARE FOOTAGE

70


71


72


73


74


75


76


77


78


79


80


81

Appendix 7 – EQUIPMENT LIST PER LOCATION

82

The listing contained in this Appendix is available as a downloadable file from the Purchasing website where indicated.


83


84


85


86


87


88


89


90


91


92


93

Appendix 8 – SAMPLE CONTRACT FOR MAINTENANCE SERVICES

94

The sample contract is available for downloading at the Purchasing website in a separate file.

RFP #GK-203817 - FULL SERVICEMAINTENANCE - HVAC … · 1 request for proposal rfp #gk-203817 - full...

Documents

Transcript of RFP #GK-203817 - FULL SERVICEMAINTENANCE - HVAC … · 1 request for proposal rfp #gk-203817 - full...