PULASKI COUNTY SPECIAL SCHOOL DISTRICT 1101A East Dixon Road/P.O. Box 8601

Little Rock, Arkansas 72216

(501) 324-2000

May 19, 2016 Request for Proposals (RFP17-007) HVAC Maintenance, Repair, and Installation Services To Whom It May Concern: The Pulaski County Special School District (PCSSD) invites your offer to provide Heating, Venting, and Air Conditioning Maintenance, Repair and Installation Services per the scope of work in the attached request for proposals. In a sealed envelope, return your original and four (4) copies along with an electronic version of your proposal to the Purchasing Department, 1101A East Dixon Road, Little Rock, AR 72216, no later than 8:00 a.m., Friday, June 3, 2016. Please reference on the outside of the envelope(s) the bid number, opening date and time. Offers will be taken under advisement upon opening and the District will notify the apparent most qualified vendor(s) for further negotiations as needed. Do not contact any district official concerning this RFP without first receiving permission from the Director of Purchasing. The District reserves the right to reject any or all responses and waive any irregularities or formalities in proposals received. The District reserves the right to negotiate with the apparent acceptable vendor(s). Price alone will not be the determining factor. Award will be based upon those considerations, which are in the best interest of the District and will be made to the responsive, responsible offerer whose proposal is judged to be the most effective and economical for the purpose intended, according to the requirements and specifications stated in the Request for Proposal.

________________________________________________________________________________ VENDOR PERTINENT INFORMATION FOR RFP17-007 We, the undersigned, have read all the requirements set forth in this request for proposal including specifications, instructions, conditions and pertinent information regarding the articles being bid on and we agree to furnish these articles at the prices stated.

Arkansas Sales or Use Tax Register No.

State Contractor License

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Federal ID No. _______________________________ Company Name:____________________________________________________________________________ Address: _________________________________________________________________________________ Telephone No.

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E-mail ___________________________

Name & Title: _____________________________________________________________________________ (Person authorized to sign bids) (Print)

Signature _________________________________________________________________________________ BIDS ARE SUBJECT TO REJECTION UNLESS SUBMITTED ON THIS FORM

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The following General Instructions, Terms and Conditions (Section I); Special Instructions and Terms (Section II); and Scope of Work (Section III) will become part of any contract entered into in the event any or all of the proposal is accepted by the Pulaski County Special School District. Any Special Instructions and Terms included in the Request for Proposals override the General Instructions, Terms and Conditions. SECTION I: GENERAL INSTRUCTIONS, TERMS AND CONDITIONS DEFINITION OF TERMS RFP shall mean Request for Proposals. The words vendor, bidder, offerer, company, proposer and contractor may be used synonymously in this document. The terms “District”, “Owner”, or “PCSSD” are used interchangeably and refer to the Pulaski County Special School District. SUBMISSION OF PROPOSAL Proposals must be submitted to this office using the forms included on or before the date and time specified for proposal opening. Each proposal should be placed in a separate envelope completely and properly identifying the proposal number, proposal title and proposal opening date/time. Late proposals will not be considered under any circumstances. Failure to sign the proposal will result in disqualification. The person signing the proposal should show title or authority to bind his/her firm to a contract. Signature must be in ink. Proposal must be typed in Microsoft Word. ASSIGNMENTS Neither this contract nor any interest therein or claim there under may or shall be assigned or transferred by the contractor except as expressly authorized in writing by the District. No contract, subcontract or agreement shall be made by the contractor with any other party for furnishing any of the product, work or services herein contracted without the written approval of the District. CONFLICT OF INTEREST By submitting a proposal, the contractor represents and warrants that no director or employee of the District is in any manner interested directly or indirectly in the proposal or contract which may result from the proposal or in any of the expected profits which might arise there from; further, that no attempt has been made to influence or gain favorable advantage by communicating directly or indirectly with any official of the PCSSD. It is understood that any action taken which might tend to degrade the integrity of the competitive proposal process will be considered as grounds for disqualification or a breach of this contract. CONTRACT AGREEMENT The contract between the District and the contractor shall consist of (1) the Request for Proposal (RFP) and any amendments thereto, (2) these General Instructions, Terms and Conditions, and (3) the offer/contract submitted by the contractor in response to the RFP. In the event of a conflict in language between (1) and (3) referenced above, the provisions and requirements set forth and/or referenced in the RFP shall govern. However, the Purchasing Director reserves the right to clarify any contractual relationship in writing with the concurrence of the contractor, and such written clarification shall govern in case of conflict with the applicable requirements stated in the RFP or the contractor’s offer/contract. In all other matters not affected by the written clarification, if any, the RFP shall govern. The successful offerer will receive written notification of intent to award containing any clarifications and/or approved modifications. CONTRACT CHANGES In no event shall any understanding or agreement, contract modification, change order or other matter which would constitute a deviation from the terms of this contract be effective or binding upon the District unless expressly stated and agreed to in writing executed by the Director of Purchasing or their designee. CONTRACT GUIDELINES RFP17-007

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Offerers agree that a contract does not become effective until it is awarded and a written agreement, purchase order, award letter, or other notice to proceed is executed or issued by the District. INDEMNIFICATION AND LEGAL COMPLIANCE The contractor shall at all times observe and fully comply with any and all Federal, State and local laws, statutes, orders, ordinances and regulations. The contractor agrees to save, hold harmless and to indemnify the District, its agents, employees, officers and board members against any and all liability, losses, claims or costs of whatsoever kind or nature relative to the performance of the contract or any occurrence or accident in connection with inadequate design, breach of contract, material failure, default or the performance of any work, services or products supplied, pursuant to the award, whether to property or persons. Further, contractor shall indemnify, hold harmless and defend the District, its agents, employees, officers and board members from any lawsuits, causes of action, claims, liabilities and damages, of any kind and nature, including but not limited to, attorney’s fees and costs, arising out of the performance of this contract whether attributable in whole or in part to any act, omission or negligence of the District, its agents or employees, including, but not limited to, any and all lawsuits, causes of action, claims, liabilities, and damages which the District, its agents or employees may sustain by reason of any failure by contractor to indemnify as provided herein, or any failure by contractor to otherwise perform its obligations pursuant to this contract, or by reason of the injury to or death of any person or persons or the damage to, loss of use of or destruction of any property resulting from work undertaken herein. MINORITY BUSINESS POLICY It is the policy of the District that minority business enterprises shall have the maximum opportunity to participate in the District’s purchasing process. Therefore, the District encourages all minority businesses to compete for goods, services, and construction contracts. NON-COLLUSIVE AFFIDAVIT By submitting a proposal, the company and the individual personally signing the proposal represent and warrant that such proposal is genuine and is neither collusive nor made for or on behalf of any person not named, and that he has neither induced nor solicited any other company to place a sham proposal nor directly or indirectly caused another company to refrain from or be unable to present a proposal. NON-DISCRIMINATION The company shall not discriminate against, or segregate, a person or a group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, familial status, national origin, ancestry, disability or condition of acquired immune deficiency syndrome (AIDS) or AIDS-related complex in carrying out its duties and obligations pursuant to this agreement nor shall the company or any person claiming under or through the company establish or permit any such practice or practices of discrimination or segregation. The company must include in any and all subcontracts a provision similar to the preceding. PENALTY FOR COLLUSION If at any time it shall be found that the person, firm or corporation to whom a contract has been awarded has, in presenting any proposal, colluded with any other party or parties, then, in the sole discretion of the District, the contract so awarded shall be null and void or considered breached and the contractor shall be liable to the District for any and all loss and damage of whatsoever nature, which the District may suffer and the District may seek a new contractor. PROPRIETARY INFORMATION All information submitted in response to this RFP is public and will be available to interested parties after an award is made by the PCSSD. The bidder should not include as a part of the response to the RFP any information which the bidder believes to be a trade secret or otherwise privileged or confidential. If the bidder needs to include such material with a proposal, then the material should be supplied under separate cover and identified as confidential. The District does not warrant or agree to, but will endeavor to, keep that information confidential. Contractor acknowledges that information in the possession of the District may be subject to the provisions of the Arkansas Freedom of Information Act.

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REJECTION OF PROPOSALS The PCSSD may reject any and all proposals or any part thereof and may reject a proposal of any party who has failed to perform, been unfaithful and/or delinquent in any former relationship with the District. The District reserves the right to waive any irregularities or formalities in any solicitation or proposal response. The District shall be the sole judge as to which proposal is best and in determining that fact, may consider the contractor’s business integrity, financial resources, experience, facilities and/or capacity for performing the work. RESERVATIONS This RFP does not commit the District to award a contract, to pay any costs incurred in the preparation of a proposal in response to this request, or to procure or contract for services or supplies. The District reserves the right to accept, or reject, in part or its entirety, any proposal received as a result of this RFP, if it is in the best interest of the District to do so. SEVERABILITY The finding or determination of any part or parts of the General Instruction, Terms and Conditions is void, unenforceable, invalid or voidable shall result in only that part being stricken with the remainder to continue in full force and effect. STATEMENT OF EXPERIENCE AND QUALIFICATIONS The company may be required, upon request, to prove to the satisfaction of the District that they have the skill, experience and the necessary facilities and financial resources to perform the contract in a satisfactory manner and within the required time. If the evidence of competency is not satisfactory, the proposal of such company may be rejected. WITHDRAWAL OF PROPOSAL A proposal may be withdrawn before the expiration of the time during which proposals may be submitted, without prejudice, by submitting a written request for its withdrawal to the Director of Purchasing.

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SECTION II: SPECIAL INSTRUCTIONS AND TERMS TERMS The required services are to commence not later than a date to be agreed upon by and between PCSSD and the company selected to provide the services listed in this proposal and, unless terminated sooner, shall continue in force for (1) one year with the option of one (1) annual extension at the same prices upon agreement of the contractor. The contract will be automatically renewed at the end of the contract term with a written confirmation. If sufficient cost savings are not present, either party may withdraw from the contract with thirty (30) days written notice. RENEWAL OPTION PCSSD reserves the right to renew this agreement annually for up to six (6) additional one (1) year periods based on the natural agreement of both the Contractor and owner. STANDARD OF PERFORMANCE The Company shall perform according to the terms and conditions as stated herein, and according to the highest standards and commercial practices. Instances of poor performance by the Company will be documented and submitted to the Company for immediate review and corrective action. Continued poor performance will be deemed a breach of the specifications of the RFP, and shall be grounds for immediate termination of the contract. A review meeting will be called between the Company and PCSSD when documented instances of poor performance occur. A plan for corrective action agreeable to both parties will be drafted and implemented. PCSSD retains the absolute right to assess whether and when performance is subsequently acceptable. TERMINATION AND ASSIGNMENT In the event that sufficient sales are not present, the contract awarded in response to the RFP (the "Contract") may be terminated by either party by giving the other not less than 30 days written notice of intent to terminate as of the date specified. The vendor must address the issue of insufficient sales in the proposal, defining what is insufficient by volume, quantity, or cost, etc. The Contract will not be assignable without prior written consent of both parties. An attempted assignment without such consent shall be void and of no effect. INQUIRIES Inquiries related to the RFP should be directed to the attention of Vertina Banks, Buyer, either by email [email protected], or fax (501) 490-8639. Any request for clarification must be submitted in writing (fax or email is acceptable) to the Purchasing Department no later than 8:00 a.m. on Friday, May 27, 2016. There will be no response to questions received late. Any clarification given to a prospective bidder will be furnished in writing to all prospective bidders as an amendment, if such information modifies these specifications or is deemed to be necessary in responding to this RFP. OPENING DATE Sealed, written, competitive proposals will be received until 8:00 a.m. on or before Friday, June 3, 2016, in the PCSSD Purchasing Department, Attn.: RFP # 17-007, Vertina Banks, 1101A East Dixon Road, P. O. Box 8601, Little Rock, AR 72216-8601. PROPOSAL SHALL BE IN AN SEALED ENVELOPE CLEARLY MARKED RFP 17007 ALONG WITH THE TIME AND DATE OF OPENING ON THE OUTSIDE. If it is not, the envelope will be opened to be identified and the prices and other information will be exposed. In this event, PCSSD will not be responsible for the security of the information. Each proposal must be signed by an authorized officer of the Company and must be held firm for acceptance for a minimum period of 90 days after the opening date. Proposals received late will not be considered under any circumstances.

PROPOSAL FORMAT Each Company should submit a base proposal and four (4) copies in the specified manner, but may also propose other options to PCSSD either as additions or alternates to the base proposal. Such additional offerings should be clearly identified. PCSSD prefers that Company's response to this RFP be submitted in same Item (paragraph) sequence as RFP - using same Item (paragraph) Numbers for reference. PCSSD requests that Companies submit one original and four (4) copies of their proposals plus required attachments. Bidders are cautioned that only written information contained in this RFP (including amendments) are to be relied upon for preparation of a proposal. RFP17-007

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PROPOSAL MATERIALS CONSERVATION Proposals shall be submitted on 8-1/2 x 11 inch paper. The proposal should follow the format laid out under Section I. Binders, brochures, and materials not specified in the RFP are neither requested nor desired. Please do not submit these with your proposal. If additional information is required, it will be requested by PCSSD after review of the proposals. Cost for Proposal Preparation PCSSD will not reimburse Company's cost incurred in the preparation and submission of proposals. All proposals shall become the property of PCSSD upon submission. PCSSD reserves the right to negotiate rates, terms and conditions from the selected qualified companies, subsequent to the submission of proposals. Telegraphic Proposals. Telegraphic, fax, or electronic proposals sent directly to PCSSD offices will not be considered. Proposals must be received in sealed envelope only. Acknowledgment of Amendments. Companies must acknowledge receipt of amendments by letter, telegram, or fax within 48 hours of receipt. Failure to provide such acknowledgment may be grounds for disqualification. Further Information. Companies are cautioned that PCSSD is not obligated to ask for or accept after opening date, data which is essential for a complete and thorough evaluation of the proposal. PCSSD may award a contract based on initial submissions without any further discussion of such proposals. Accordingly, each proposal should be submitted on the most favorable and complete price and technical terms possible. Proprietary Information. After the award of the Contract, all proposals will be open for public inspection. Financial data, trade secrets, test data, and similar proprietary information will, to the extent permitted by law, remain confidential provided such material is clearly so marked by the Company prior to submission of the RFP; however, net cost information may not be confidential. INSURANCE All proposals must contain a letter of intent from an insurance company authorized to do business in the State of Arkansas stating its willingness to insure the Company pursuant to the terms of any contract resulting from the RFP. The Company shall procure and maintain, at the Company's expense, the following insurance coverage for the period of the Contract. Failure to submit an insurance certificate by the time provided may be cause for proposal disqualification. The following are recommended amounts for insurance coverage: (The District reserves the right to lower/raise these coverages if it is in the best interest of the District). The District must be named as additional issued, and the certificate must contain a clause that the insurer will not cancel or change the insurance without first giving PCSSD a minimum of 30 days prior written notice. Certificates evidencing the effective dates and amounts of such insurance must be provided to PCSSD: Workers Compensation: As required by the State of Arkansas: Statutory Limits. Comprehensive General Liability (Broad Form) coverage in amounts specified under the contract for work at the facility prior to the signing of the contract. Public Liability Insurance Minimum shall be $1,000,000 dollars coverage. Each Occurrence $1,000,000 dollars coverage. The required insurance must be written by a company licensed to do business in the State of Arkansas at the time the policy is issued. In additional, the company(s) must be acceptable to the Owner and Owner’s agent. Examination of Records. The Company agrees that PCSSD or any of its duly authorized representatives shall at any time during the term of this Contract have access to, and the right to audit and examine, any pertinent records of the Company related to this Contract. Such records shall be kept by Company for a period of not less than five (5) years from the date the records are made, unless PCSSD authorizes their earlier disposition. Company agrees to refund to PCSSD any underpayments or overcharges disclosed by any such audit, or to take other corrective action as may be required. Permits and Licenses.

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The Company will obtain and maintain at its expense, and in its name, all necessary licenses and permits required to perform the services described herein. Damage to the Premises. The Company will assume full responsibility for any damage to PCSSD's equipment or premises caused by the negligent or intentional acts or omissions for the Company's employees, agents, or officers, ordinary wear and tear expected. Office Contract Administrator. The contract administrator and liaison person for all matters concerning this contract is the Director of Purchasing. In no event shall any understanding or agreement, contract modification, change order, or any other matter which constitutes a deviation from the terms of this contract between the vendor and any other person other than the Director of Purchasing or his designee, be effective or binding upon the District. All such actions must be formalized by a properly executed addendum to the contract. Proposal Withdrawal. A proposal may be withdrawn before the opening date by submitting a request for withdrawal to the Director of Purchasing. No withdrawals will be allowed after the opening date and time. Proposal Modification A proposal may be modified before the opening time and date by a person authorized by the vendor. The person making the changes must provide written approval from the vendor, which will become part of the document. Furthermore, the changes must be presented in a sealed envelope which will be treated as an addendum. The exterior of this envelope must be dated and signed by an authorized representative of the vendor, have the RFP number, and the vendor’s name. The change must identify the area to be changed and then state the correction. CANCELLATION PROVISIONS Cancellation for Cause: The District may cancel the contract at any time for breach of contractual obligations by providing the contractor with a written notice of such cancellation. Should the District exercise its right to cancel the contract for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation sent to the contractor.

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SECTION III: SCOPE OF WORK, SERVICE TERMS AND CONDITIONS PURPOSE It is the intent of this solicitation to enter into a single contract for heating, ventilating, and air conditioning equipment maintenance, repair and installation services. This service contract shall be effective from the time of award for a 12 month period. The District reserves the right to renew this contract for an additional 12 month period which may be extended for additional time periods based on the mutual agreement of both parties. SCOPE OF WORK A. WORK INCLUDED The contractor shall provide all labor, tools, materials, equipment and all incidentals required and/or implied for the complete and satisfactory maintenance, installing and repair of heating, ventilating, air conditioning and refrigeration equipment. This work shall include, but may not be limited to, preventive maintenance, services repairs and modifications as required to keep the equipment in a first class operating condition. Repairs, service, install and maintenance under this contract shall be performed at the hourly rates as proposed, with materials and parts to be provided per this contract or supplied by the Owner if so specified. Materials and parts used in maintenance, services, install and repair by PCSSD personnel may be purchased from the Contractor per this RFP or supplied by the Owner. B. CONTRACTOR QUALIFICATIONS The contractor shall be an experienced and licensed HVAC and Building Automation controls contractor who can demonstrate the ability to provide the services as specified herein. The contractor shall have expertise in the equipment trade at the industrial/commercial level, including but not limited to, repair, maintenance and installation of HVAC equipment as well as monitoring and programming of building automation controls. C. QUALIFICAITON OF WORKMANSHIP All work shall be quality work performed according to the standards of the industry and to the complete satisfaction of PCSSD. All equipment shall be maintained to operate at the originally specified performance levels or better. All work shall be performed in accordance with the Uniform State and Local Building Code, as recognized by Arkansas State Building Services and the latest edition of the following referenced codes and standards, whichever is more stringent: American National Standards Institute (ANSI) American Society of Testing Materials (ASTM) American Society of Mechanical Engineer (ASME) Sheet Metal and Air Conditioning Contractors National Association (SMACNA) American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) D. PERSONNEL QUALIFICATIONS All personnel used by the contractor for the performance of this work shall be properly trained and qualified for work of this type and shall have the minimum ability and experience for his classification as defined below. The PCSSD reserves the right to refuse to accept services from any personnel deemed by the Owner to be unqualified, disorderly, or unable to perform assigned work. The contractor shall provide evidence of qualifications for any personnel performing work under this contract upon request by the District. 1. Controls Technician: Shall be an experienced mechanic, minimum of 5 years acute experience, with the ability to perform maintenance, repair, installation and modifications to the school districts existing automated systems. Shall be thoroughly familiar with the types of manufacturers of the equipment listed herein and have manufacturer’s certifications to perform repair and maintenance services on as specified equipment. RFP17-007

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2. Controls Technician Helper: Shall be an apprentice or assistance level mechanic with the ability to assist in the maintenance, repair, installation and modification of all types of heating, ventilating, air conditioning, and refrigeration equipment under the supervision of the Service Technician. Shall be equipped with all tools and equipment necessary for this work, including transportation to and from worksite. 3. Service Technician: Shall be an experienced (minimum five years) mechanic with the ability to independently perform maintenance, installation and modification of all types of heating, ventilating, air conditioning, and refrigeration equipment. Shall be thoroughly familiar with the types and manufacturers of the equipment listed herein. Shall be able to analyze equipment and troubleshoot to determine malfunctions, and make recommendations for repairs. Shall be equipped with all tools and equipment for this work, including transportation to and from worksites. 4. Technician Helper: Shall be an apprentice or assistant level mechanic with the ability to assist in the maintenance, repair, installation and modification of all types of heating, ventilating, air conditioning, and refrigeration equipment under the supervision of the Service Technician. Shall be equipped with all tools and equipment necessary for this work, including transportation to and from worksite(s). E. EQUIPMENT The PCSSD requires maintenance and installation on the following types of equipment. 1. Air cooled water chilled systems including chiller units, condensing units, cooling towers, water source heat pumps, and all associated pumps, piping and controls. 2. Direct expansion (DX) systems including entire rooftop units, Mammoth, DeChamps, AAON, and other like equipment; all associated equipment and controls. 3. All associated pumps, piping, controls and equipment for heating water. 4. Split systems, including condensing units, air handler evaporative sections, and all associated refrigerant piping and controls. F. MATERIALS, PARTS AND SPECIAL EQUIPMENT 1. Materials and parts shall be of equivalent material, strength and design as replaced materials or parts, and shall be new, top quality, and made by or recommended by the original manufacturer of the replaced part or materials. Materials and parts provided by Contractor shall be at the Contractors’ cost, plus proposal mark-up percent, including transportation cost, verifiable by the Contractors by the Contractor’s invoice. 2. Special equipment with a value over $500 and to be used occasionally by crews is not included in hourly rates and can be charged at the normal rental house rates for the prevailing areas as allowed by “COSTS SUBJECT TO REIMBURSEMENT OTHER THAN LABOR HOURS” see Part J, item #1. 3. The Contractor shall provide, at no additional cost, a pick-up truck or van as required for each crew and/or superintendent. This will include all fuel, oil and maintenance at no additional cost to the Owner. G. SCHEDULING The Contractor shall be prepared to provide crews to the District on an as-needed basis, however shall be allowed a one (1) week notice prior to starting the project if needed. Failure to respond to an emergency request may result in the cancellation of this contract. H. EMERGENCY RESPONSES In the event of a massive system failure, or other situation which, in the opinion of the Owner, warrant emergency response measures, the Contractor shall be prepared to provide one crew within two (2) hours of notification and additional electrical crews within eight (8) hours of notification. The contractor shall maintain the required number of personnel on the job as long as deemed necessary by the PCSSD to correct the emergency. The emergency request may result in the cancellation of this contract. I.

OTHER REQUIREMENTS 1. Invoices shall be submitted within one week after performance of work. Invoices shall show the contract number, work order number, and shall be submitted separately for each site where work is performed. This requirement is in additional to an independent from any other requirement regarding

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2.

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invoices contained within this contract. Other information may be required but not limited to the following: a. Time & date of work b. Repair/service location c. Hours worked, routine and non-routine d. Personnel names (s) and job classification e. Equipment worked; model & serial number f. Description of work performed g. Type, quantity, and manufacturer of materials and or parts used h. Complete operating log, including all operating data, such as temperatures, pressures, fluid levels, voltages and amperages. Work Schedules: The Contractor shall be expected to conform to the District’s hours of operation, (8:00 a.m. to 4:30 p.m. with ½ hour for lunch) except as agreed upon otherwise by the Owner and the Contractor. Time paid shall start upon arrival and check-in at the District’s Maintenance Department 1101B Dixon Road, Little Rock, AR 72206, and end upon check-out, not including travel time to and from the jobsite, lunch breaks, or other breaks. Time shall be rounded to the nearest ½ hours. Travel time for equipment, materials, and parts is allowed if identified as such and deemed reasonable by the District. Overtime rates will be allowed for any time over eight hours per day, forty hours per week, (week ending Friday), and Saturdays and Sunday’s. Overtime rate shall be 1-1/2 times the regular rate as proposal, for personnel only. All overtime must be approved in advance except emergencies as stated in “COST SUBJECT TO REIMBURSE OTHER THAN LABOR HOURS” (See Part J.). Parking: All vehicles shall be clearly identified as belonging to the contractor. At no time shall contractor vehicle(s) be parked in such a manner to deny patron, student, nor District staff access to a facility. Contractors shall be required to wear appropriate PCSSD badge identification, if required by the District.

J. COST SUBJECT TO REIMBURSEMENT OTHER THAN LABOR HOURS\ The following cost incurred by the Contractor, in the performance of authorized work, may be reimbursed by the District only to the extent approved in advance by the District in writing. Contractor must submit such cost in writing to the District prior to any commitments by the Contractor to the District. 1. Rental of Special Equipment (See Part F # 2) 2. Payments made by the contractor to subcontractors for work performed pursuant to subcontractors under this agreement, as specified on page xx 3. The cost of materials and supplies incorporated into the agreed upon scope of work for an assigned project. Copies of all material invoices must be submitted with contractor’s invoice showing actual cost incurred before payment will be approved. 4. All sales tax on materials or work, labor excluded, related to the assigned projects with no mark-up fee. 5. Permit fees and deposits lost due to causes other than contractor negligence. 6. Shipping cost for emergency purchase of any materials, supplies, or equipment ordered for an assigned project and approved in advance by the owner. 7. The cost of any permits required by the State and local agencies for the assigned project. 8. Cost of premiums for bonds and insurance, which is required by the District on specific assigned projects when approved in advance by the Owner. 9. Minor expenses such as facsimiles, long distance telephone calls, overnight mail delivery, and similar petty cash items approved in advance by the district in connection with assigned projects. 10. Costs which are deemed by the District to have results from an emergency affecting the safety of the District employees, students or property. K. OTHER SPECIAL SERVICE CONDITIONS 1. Asbestos Whenever and wherever, during the course of performing any work under this contract, if the contractor discovers the presence of asbestos or suspects that asbestos is present, he shall stop the work immediately, secure the area, notify the District, and await positive identification of suspect RFP17-007

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material. During the downtime, in such a case, the contractor shall not disturb any portion of this work. 2. Estimates For Work Upon request by the District, and only for work with adequate plan and specifications or written directions, the contractor shall prepare and submit a written estimate of the labor, equipment, and/or materials, which will be required to perform the work, specified under this contract. This work may then be performed only with the Owner’s written authorization. Upon authorization, actual work shall not exceed the contractor’s estimated by 10% without written prior approval for the Owner. The District reserves the right to make or obtain other estimates prior to authorizing the contractor to proceed in order to comply with the requirements of state regulations to determine price reasonableness. If the estimate is considered not to be reasonable, the contractor will be asked to review his estimate and resubmit. If the revised estimate is stall considered to be unreasonable, the District reserves the right to obtain the work from another source. Any quantities given in conjunction with this document are approximate and are intended for use only in the evaluation of proposals or projects. Actual quantities may range from zero to more than that listed. L. PROTECTION OF PERSONS AND PROPERTY 1. The Contractor shall take every precaution at all times for the protection of persons and property, including District employees, students and property thereof. 2. The Contractor shall be responsible for initiating, maintaining, installing and supervising all safety precautions and programs in connection with the work. 3. The contractor shall continuously maintain adequate protection of all work from damage and shall protect the owner’s property from injury or loss arising in connection with this contract. The contractor shall make good any such damage, injury or loss, except such as may be directly due to errors in the Contract Documents or caused by agents or employees of the District. 4. In an emergency affecting the safety or life of individuals, or of the work, or of adjoining property, the contractor, without special instructions or authorization from the District, is hereby permitted to act, at its discretion, to prevent such threatening loss or injury. Also, should the contractor in order to prevent threatened lost or injury, be instructed or authorized to act by the District, he shall so act, without appeal. 5. The contractor shall maintain an adequate safety program to insure the safety of contractor employees, subcontractor employees, and all other individual working under this contract. The Occupational Health Act (OSHA) provides for safety and health protection for employees on the request, must provide the District with a written safety program that he intends to follow in pursuing work under this contract. The District must be assured that the contract has an adequate safety program in effect before work is permitted under this contract. 6. In accordance with District Board Policy, NO SMOKING is permitted on any District premises and contractor must advise their employees accordingly. M. SEPARATE CONTRACTS The District reserves the right to let other contracts in connection with the work or services, the work under which may proceed simultaneously with the performance of work under this contract. The contractor shall afford other separate contractors reasonable opportunity for the introduction and storage of their materials and the performance of their work and the contractor shall take all reasonable action to coordinate the work with theirs. If the work done by the separate contractor is defective or so performed as to prevent the contractor from carrying out the work according to the plans and specifications, the contractor shall immediately notify the Owner upon discovering such conditions. N. SUBCONTRACTS No portion of the work shall be subcontracted without prior written consent from the District. In the event that the contractor desires to subcontract all or part of the work specified herein, the contractor shall furnish the District the names, qualifications, and experience of their proposed subcontractors. The

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Contractor shall however, remain fully liable and responsible for the work to be done by their subcontractor(s) and shall assure compliance with all requirements of the contract. O. SUPERINTENDENCE BY CONTRACTOR The contractor shall be responsible for all work or construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the work under the contract except where otherwise specified in the Contract Documents. The contractor shall, at all times, enforce strict discipline and good order among the workers, and shall not employ any unfit person or anyone not skilled in their work. P. WARRANTIES All work shall be fully guaranteed against defects in materials (if provided) and workmanship for a period of one (1) year following date of acceptance. Should any defect be noted, the Owner will notify the contractor of such defect or nonconformance. Notification will state either that (1) the contractor shall replace or correct, or (2) the district does not require replacement or correction. If the contractor is required to replace or correct, it shall be at no cost to the Owner and shall be subject to all provisions of this clause to the same extent as work originally performed. If the contractor fails or refuses to replace or correct the deficiency, the District may have the work either corrected or replaced and charge the contractor the costs occasioned thereby or obtain an equitable adjustment in the contract price. If correction or replacement is not required, the District may negotiate an equitable adjustment in the contract price to compensate for the defects. Q. WORK SITE CONDITIONS Unless specifically directed otherwise by the School District, the contractor shall: 1. Perform the work under this contract in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises or at the location of the work. 2. Store its apparatus materials, supplies, and equipment in such orderly fashion at the site of the work as not to interfere with the progress of its work or the work of the District or any other contractor. 3. Place upon the work or existing structure only such loads as are consistent with the safety of that portion of the work or existing structure. 4. Clean up frequently at the end of each work day all refuse, rubbish, scrap materials and debris caused by work under the contract. The work site shall present a neat, orderly and workman like appearance. 5. Prevent damages or endangerment to any portion of the work or existing structure as may be caused by cutting, patching, excavating or other alterations to the work or existing structure during the course of the work. R. METHOD OF PAYMENT The District will authorize payment to the contractor after inspecting and accepting work performed and upon receipt of the contractor’s invoice for services rendered. Payment will be made for the amount of time service is performed at the hourly rates as proposal, where the time to be paid for shall be defined herein.

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THE FOLLOWING MUST BE COMPLETED AND NOTARIZED OR PROPOSAL MAY BE REJECTED. Bidder Assurances and Disclosure School District Bid Name of School District: Pulaski County Special School District Bid Description/Number: RFP17-007 HVAC Maintenance, Repair, and Installation Services Bid Opening Date: June 3, 2016 Assurances: I, ____________________________________________________hereby state: 1.

2. 3.

4.

I am the duly authorized agent of _______________________________, the bidder submitting the competitive bid which is attached to this statement, for the purpose of certifying the facts pertaining to the existence of collusion among and between bidders and school district officials, as well as facts pertaining to the giving or offering of things of value to school district personnel in return for special consideration in the awarding of any contract pursuant to the bid to which this statement is attached. I am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached and have been personally and directly involved in the proceedings leading to the submission of this bid. Neither the bidder nor anyone subject to the bidder’s direction or control has been a party: a. To any collusion among bidders in restraint of freedom of competition by agreement to did at a fixed price or to refrain from bidding. b. To any collusion with any school district official or employee as to quality, quality or price in the prospective contract, or as to any other terms of the prospective contract; or c. In any discussions between bidders and any school district official concerning exchange of money or other things of value for special consideration in the awarding of a contract. I hereby guarantee that the specifications outlined in the bid shall be followed as specified and that deviations from the specifications shall occur only as part of a formal change process approved by the Board of Directors of the school district.

Disclosure: 1. Does any school board member or employee of the school district have a financial interest in your business or hold a position as officer, director, trustee, partner, or other top level management? ______yes _______no 2. Does any school board member or employee of the school district have a family relationship with anyone employed by your business? _______yes _______no (If the answer is yes to either of the above questions, provide details in a separate attachment to this form.) 3. Did you or your company assist the school district or any agent of the school district with the development of the bid specifications? _______yes ______no If yes: a. Were you or your company compensated ______yes _______no b. Is your company’s name or identity included anywhere within the specifications? ______yes ______no c. Were you offered any preferential treatment in the bid evaluation process? ______yes ______no (If the purchase will be from the school district’s federal child nutrition food service fund, potential bidders cannot have input into the development of specification. – 7 Code of Federal Regulations 3016.60(b)). ________________________________________________________ Signature

________________________ Date

______________________________________________

____________________

Printed

Title

______________________________________________ Company

Subscribed and sworn to before me this ______day of _____________________, 20____. ________________________________________________ Notary Public State of _____________________________ My Commission expires: ________________________________ Any person determined to have made a false statement on the form or any bidder who acts contrary to the provisions of the form after its agent has executed the form shall be guilty of a Class C misdemeanor.

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SECTION 5: PRICING SCHEDULE A. In accordance with this Request for Proposal and subject to all conditions imposed here and in attachments, the undersigned agrees to provide the following personnel and equipment for the price given for each item. Service Technician

License # _____________________ $ _________ hourly

Service Technician Helper

$ _________ hourly

B. Equipment, materials, supplies and incidentals: Please provide your % of markup on materials/supplies that may be provided, (see page xx, “COST SUBJECT TO REIMBURSEMENT OTHER THAN LABOR HOURS: Part J”) Percentage of Markup for materials: ___________%. Based on ____Retail ____Wholesale _____Other (If other please describe below)

______________________________________________________________________ Terms of Payment: _______________ C. OTHER REQUIRED SUBMITTALS 1. Company profile including but not limited to qualifications and years in business. 2. Listing of all personnel which you intend to use for the performance of this work. Include name, trade classification, qualifications, length of relevant experience and relevant training. Personnel must be employed by the Contractor’s firm and shall not be a sub-contractor. 3. Copy of Arkansas Contractor’s License 4. Copy of work related Certificates of Certifications 5. Copy of profile, staffing, handling of emergencies, years in business and other information relevant to work under this RFP Scope of Service 6. References of services (must be at least 3) for work as specified in this RFP; provide the following: Company name, contact name, address, telephone number, type of equipment serviced and whether reference was a term, maintenance, installation, or repair contract. 7. Other: information or documentation the bidder deems might be relevant to the evaluation process for this service contract.

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