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TOWN OF WINDHAM Windham High Renovation REQUEST FOR QUALIFICATIONS/PROPOSALS FOR COMMISSIONING SERVICES FOR WINDHAM HIGH SCHOOL OSCG PROJECT #__163-0079 & TMP-163-ZXVJ________ May 13th, 2019 STATEMENT OF QUALIFICATIONS DUE BY May 30, 2019 BY 1:00 PM AND MUST BE SUBMITTED TO TOWN OF WINDHAM Windham Town Hall 979 Main St. Willimantic CT 06226 Town Managers Office Attention WAYNE DONALDSON DIRECTOR OF CAPITAL PROJECTS, FOR QUESTIONS REGARDING THE RFQ/RFP, CONTACT WAYNE DONALDSON, DIRECTOR OF CAPITAL PROJECTS, VIA EMAIL ([email protected])

TOWN OF WINDHAM Windham High Renovation REQUEST FOR

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Page 1: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

TOWN OF WINDHAM Windham High Renovation

REQUEST FOR QUALIFICATIONS/PROPOSALS

FOR

COMMISSIONING SERVICES FOR WINDHAM HIGH SCHOOL

OSCG PROJECT #__163-0079 & TMP-163-ZXVJ________

May 13th, 2019

STATEMENT OF QUALIFICATIONS DUE BY May 30, 2019 BY 1:00 PM

AND MUST BE SUBMITTED TO

TOWN OF WINDHAM Windham Town Hall

979 Main St. Willimantic CT 06226 Town Managers Office

Attention WAYNE DONALDSON DIRECTOR OF CAPITAL PROJECTS,

FOR QUESTIONS REGARDING THE RFQ/RFP, CONTACT WAYNE DONALDSON,

DIRECTOR OF CAPITAL PROJECTS, VIA EMAIL ([email protected])

Page 2: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

TABLE OF CONTENTS

I. Invitation to Submit Qualifications

II. Scope of Service

III. Timeline of the Process

IV. Qualification Statement

V. Method of Selection

VI. General Terms & Conditions

Page 3: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

I. INVITATION TO SUBMIT QUALIFICATIONS AND PROPOSAL

The Town of Windham, Windham High School Renovation Building Committee is seeking to engage a commissioning agent to provide commissioning services for the renovation of the Windham High School. Qualifications should be addressed to Mr. Wayne Donaldson, Director of Facilities, and delivered to:

Windham Town Hall 979 Main St. Willimantic CT 06226 Town Managers Office Attention Director of Capital Projects, Wayne Donaldson

All qualifications must be received by the date and time on the cover. This RFQ consists of the following documents:

1. Request for Qualifications and proposal – this document

2. Exhibit 1a – Proposal Form

3. Exhibit 1b – Pricing Table

4. Exhibit 2 – Commissioning Firms Experience

5. Exhibit 3 – Commissioning Firms Task Experience

6. Exhibit 4 – Required Disclosures

7. Exhibit 5 – Legal Status Disclosures

8. Exhibit 6 – Proposers Non-Collusion Affidavit Form

9. Exhibit 7 – Proposers Statement of References Form

10. Exhibit 8 – Conceptual Design and Construction Schedule

II. SCOPE OF SERVICE

To provide commissioning agent services (“CxA”) on behalf of the Town of Windham (the “Town”) for the renovation as new of the existing Windham High School to accommodate Windham High School Programs, Windham Early Childhood Programs and Central Office Administrative Functions (the “Project”). Successful applicant is to act in the best interests of the Town of Windham in dealing with the project architect and contractors. The total building area is approximately 220,000s.f. and the facility will be renovated as new. The project will include envelope improvements, full MEP system replacement including the implementation of Air Conditioning and all nee controls. The project will be phased and occupied during construction, the final phasing plan will be determined by the CM, the Commissioning Agent should anticipate a review of phases as they come on line. The CxA will plan, manage, perform and report on the commissioning activities, utilizing the reporting formats and standardized forms provided by the CxA whenever required. The CxA will submit deliverable reports to the Town according to an agreed upon commissioning services schedule. All commissioning tasks shall be conducted in a transparent manner with involvement of Towns officials, including the building engineer and operations staff. All information required to meet the State of Connecticut OSCG&R regulations along with conformance with Ct High Performance Building Standards. The management structure is a traditional design, bid, build with full design documents and specifications developed by an architectural/engineering firm. The construction documents will be let out to bid and a construction manager at risk has been hired to complete the construction. The Town and PBC’s primary construction representative on-site will be provided by the separately

Page 4: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

contracted services of an Owners Project Manager. The CxA will be hired by and report directly to the Town via the PBC, coordinated through the Owner’s Project Manager (OPM). The systems to be commissioned shall include all systems required by the Connecticut High Performance Building regulations:

1. Heating, Ventilation, air conditioning, and refrigeration systems and associated controls

2. Lighting and day-lighting controls

3. Domestic hot water system

4. Renewable energy systems

5. Water using systems

6. Fire Protection systems

7. Energy Management system

8. Emergency Power system

9. Building envelope system

1. Expectations of the Commissioning Agent

The successful proposer must:

• Be an independent, third-party individual or firm that is not a member of or otherwise affiliated with the designer/architect, construction manager, or otherwise affiliated with

the construction team. This restriction shall not apply to the provision of owner’s representative services.

• Possess certification as a commissioning authority by the Building Commissioning

Association, the Association of Engineers, or, in the Town’s sole judgment, a comparable

certifying organization.

• Possess all relevant Connecticut licenses, including a Professional Engineer and/or S1 license.

• Possess a minimum of five (5) full years’ field experience as a commissioning agent.

The Town shall take into account, among other relevant considerations, the following

qualifications:

• Experience as the principal commissioning authority for at least three projects of

comparable size, type and scope.

• Experience in the operation and troubleshooting of HVAC systems and energy management control systems.

• Knowledge of building operation and maintenance and O&M training.

• Knowledge of national building & fire codes as well as water-based fire extinguishing systems, detection systems and alarms systems.

• Knowledge of test and balance of both air and water systems.

• Experience with energy-efficient equipment design and control strategy optimization.

• Experience with total building commissioning approach including building envelope, data and communication systems and other specialty systems.

• Experience in monitoring and analyzing system operation using energy management control system trending and stand-alone data logging equipment.

• Verbal and writing communication skills. Organization and the ability to work with both management and trade contractors.

• Experience in writing commissioning specifications.

• Membership with the Building Commissioning Association.

Page 5: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

The required expertise for this RFP will be based on the skill and experience set of the full team

submitting the proposal. A member of the proposing firm will be the designated commissioning

authority and will be required to coordinate all commissioning activities. This indeed must not

necessarily be the team’s overall project or contract manager. The commissioning authority

must have significant in-building commissioning experience, including technical and

management expertise on projects of similar scope. If the commissioning authority or prime firm

does not have sufficient skills to commission a specific system, the prime firm shall subcontract

with a qualified party to do so.

Commissioning is required as one quality measure of the construction of the Project in order to

assure that the final building meets the original intent of the Town’s design. The proposer is

free to suggest changes and improvements to this process. The following is a summary of the

commissioning process and scope of work the Town requests for this project.

SUSTAINABILITY REQUIREMENTS:

The Town expects this project to exemplify the highest principles and practices of sustainable

design. Sustainability must inform the design, construction and operation of the complex and

must adhere to the Green Building Standards.

ENERGY USE & ASSESSMENT:

The Commissioning Agent shall meet regularly with the Owner and design team to review the

design team’s energy model, design strategies to ensure an efficient and optimized design and

recommend alternative systems for consideration. The Commissioning Agent shall also be

experienced partnering with the local utility company and working with Energy programs to help

maximize the Town’s available incentives. The Commissioning Agent shall provide a design

assessment including Lighting, Heating, Ventilation, and Air Conditioning (HVAC), Domestic

Hot Water (DHW), Plug loads, implementation of photovoltaics and energy saving systems etc.

in a clear and concise report describing a variety of Energy Efficiency Optimization Strategies

including modifications to system controls, building automation, and operational upgrades.

Some of the areas for evaluation are listed below.

• Review energy model and energy use target for the building provided by the design team.

• Review of operation and maintenance to improve energy efficiency.

• Conduct detailed discussions with Owner and design team and recommend strategies for

optimization

• Review trending of system operation to ensure incentives will be realized and that Energy

Usage is consistent with projections.

A. Commissioning Process during Design

The commissioning process activities completed by the commissioning authority during

the design phase include:

• Assist the District in development of the Building Committees/Towns Project Requirements documentation for clarity and completeness.

• Review and comment on the Basis of Design with regard to the Building

Committees/Towns Project Requirements.

Page 6: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

• Participate in one (1) Integrated Design Meeting prior to the development of contract

documentation.

• Participate in meetings, design workshops and design phase meetings during the

design phase.

• Develop full commissioning specifications for all commissioned equipment. Coordinate this with the architect and engineers and integrate the commissioning

specifications into the overall project specification package. The specifications shall

follow the intent of ASHRAE Guideline 0-2005 The Commissioning Process. The

commissioning specification will include a detailed description of the responsibilities

of all parties, details of the commissioning process; reporting and documentation

requirements (including formats), alerts to coordination issues, deficiency resolution,

construction checklist and startup requirements, the functional testing process, and

specific functional test requirements including testing conditions and acceptance

criteria for each piece of equipment being commissioned.

• Conduct one (1) Controls Integration Meeting during the design phase.

• Conduct one (1) focused design review of the drawings and specifications prior to

the design development documents phase. Participate in one meeting to review and

discuss written design review comments.

• Conduct one (1) focused design review of the drawings and specifications prior to

the construction documents phase. Participate in one meeting to review and discuss

written design review comments.

• Perform the following additional commissioning design review at SD, DD and CD completion of the drawings and specifications.

• Develop a commissioning plan encompassing the Design, Construction, Occupancy and Operations Phases.

• Determine the commissioning requirements and activities to include in the construction documents, with review by the design team, for integration into the

project’s construction specifications.

• Attend a minimum of Three (3) meetings to coordinate and address energy usage

and assessment noted in section 1.

B. Commissioning Process during the Construction Phase

The commissioning process activities accomplished by the commissioning authority during

the construction phase include:

• Participate in one (1) pre-bid meeting and answer commissioning related RFI’s during

the bidding process.

• Participate in one (1) Integrated Design Meeting prior to the start of the construction

phase.

• Organize the commissioning process components and conduct a pre-bid and pre-

construction meeting where the commissioning process requirements are reviewed

with the commissioning team.

• Coordinate and direct commissioning activities in a logical, sequential and efficient

manner using consistent protocols, clear and regular communications and

consultations with all necessary parties, frequently updated timelines, schedules, and

technical expertise.

• Perform site visits, as necessary, to observe component and system installations.

Accomplish a statistical review of construction focusing on the PBC's design intent and

the quality process. Attend selected planning and job-site meetings to obtain

information on construction progress. Review construction-meeting minutes for

revisions/substitutions relating to the PBC's design intent.

Page 7: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

• With necessary assistance and review from the installing contractors and A/E, develop

and write construction checklists. Submit to PBC for approval.

• Organize and conduct periodic commissioning team meetings necessary to plan,

develop the scope, coordinate, schedule activities and resolve problems.

Commissioning meetings will be held at a minimum on a monthly basis during the

construction phase and bi-weekly during system testing.

• Review submittals concurrent with the design professional’s review.

• Work with contractors in completing construction checklists and tracking of checklist

completion.

• Verify completion of construction checklists on a periodic basis to verify that

contractor’s quality process is achieving the PBC's project requirements.

• Verify systems startup by reviewing start-up reports and by selected site observation.

• With necessary assistance and review from installing contractors, write the functional

testing procedures. Submit to A/E and PBC for review and approval.

• Coordinate, witness, document and recommend approval of test procedure performed

by installing contractors. Coordinate retesting as necessary until satisfactory

performance is achieved.

• Review the air and water systems balancing report and verify report through statistical

sampling and separate field verification.

• Maintain a master issues log and a separate testing record. Provide to the design

team, construction team and PBC written progress reports and test results with

recommended actions.

• Document the correction and retesting of non-compliance items by the contractor.

• Develop a system and energy management manual.

• Review, recommend pre-approval, and verify the training provided by the contractors.

C. Commissioning Process during the Occupancy and Operations Phase

The commissioning process activities accomplished by the commissioning authority during

the occupancy and operations phase include:

• Schedule and verify deferred and seasonal testing by the contractor.

• Complete the final Commissioning Process Report.

• Return to the site at 10 months into the 12-month warranty period. Review with facility

staff the current building operation and the condition of outstanding issues related

to the original and seasonal commissioning. Also interview facility staff and identify

problems or concerns they have with operating the building as originally intended.

Make suggestions for improvements and for recording these changes in the O&M

manuals. Identify areas that may come under warranty or under the original

construction contract. Assist facility staff in developing reports and documents and

requests for services to remedy outstanding problems.

D. Additional Commissioning Authority Responsibilities

In addition to duties described above, the commissioning authority (CxA) will have the

following responsibilities and authority:

• Develop the commissioning specification for this project and submit to the architect for

incorporation into the overall project documents.

Page 8: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

• Issue deficiency notices and verify that they have been corrected. An Issues Log will

be maintained and reviewed at the commissioning meetings. Deficiencies that are not

corrected in a timely manner will be reported to the PBC through the OPM.

The commissioning authority (CxA) is not required to:

• Establish design concept, design criteria, compliance with codes, design or general

construction scheduling, cost estimating, or construction management. The CxA may

assist with problem-solving or resolving non-conformance or deficiencies, but

ultimately that responsibility resides with the construction manager at risk and the

design team. The CxA will report to the PBC through the OPM any deficiencies or

discrepancies.

• Issue change orders; however, they do review change orders for compliance with the

construction documents. Non-compliances will be reported to the PBC through the

OPM.

III. TIMELINE OF THE PROCESS (SUBJECT TO CHANGE)

The following timeline will be followed but is subject to change: RFQ/RFP available for pick up May 13, 2019 Statement of Qualifications and proposal due May 30, 2019 – 1:00pm Review and create short list Week of June 3, 2019 Interviews Week of June 17, 2019 Recommendation to Award June 18, 2019 Commencement of services (notice to proceed) TBD IV. QUALIFICATION STATEMENT

Qualifications package The statement of qualifications and proposal is due by the above-mentioned date. Firms are required to submit seven (7) copies and one (1) electronic copy of their qualifications, or as previously enumerated in the Legal Notice. Include completed Exhibits 2 through 7. Fee Proposal In addition to the 7 copies and electronic copy of the qualification packages noted above submit One (1) hard copy of the Fee Proposal Form Exhibit 1a and pricing Table Exhibit 1b in a separate sealed envelope with the firm name referencing Town of Windham request for qualifications / proposal for Commissioning Services for Windham High School. The organization of the qualification statement is strictly enforced. Any deviation from the directions given may disqualify the respondent’s qualification statement. All information must be clear, concise and to the point. The qualification statements shall be organized as indicated in the following sections, with twelve (12) sections addressing all of the following:

Also submit one compete qualifications package and Fee proposal package electronically to the Owners Project Manager Scott Pellman at the following address – [email protected]

Page 9: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

1. Letter of Commitment - Provide a letter of interest to the Mr. Wayne Donaldson, Director of facilities.

• Indicate your firm's commitment to the project and how your firm will meet or exceed all expectations.

2. Firm History - Firms must have a minimum of ten (10) years under the same name.

• Submit a brief history of the firm and explain the firm's ownership.

3. Firm's Capacity - Provide information indicating the capacity of the office that will provide the CxA service (If your firm has offices outside of Connecticut, include separate statistics for both your Connecticut office and your other offices).

• Provide the number of professional staff members your office employs.

• Provide the work in place in dollars that has been managed each year for the past five (5) years.

4. Project Team - Resumes for key staff and sub-consultants. The resumes shall include

specific information about expertise in commissioning tasks, (e.g., design reviews,

specification writing, commissioning management, troubleshooting, test writing, test execution,

energy management, sustainable design, etc.).

• Including the name(s) of the individual(s) who will serve as the lead CxA for the design phase and for the construction phase of the contract.

5. Required Experience - A description of “relevant” experience (project phasing, life cycle

costing, testing, adjusting and balancing, building simulation, IAQ, campus projects, etc.) of the

proposer’s team in the following areas. List involvement of key team members.

• projects similar to this one

• O&M experience

• energy-efficient equipment design and control strategy optimization

• project and construction management

• system design (specify) troubleshooting

6. Project Approach – Provide the following:

• A description of the proposed approach to managing the project expertly and efficiently, including distribution of tasks, travel, and duration of which staff will be on site during what periods of time, etc. Describe how you intend to determine the appropriate level of commissioning effort for the various systems and equipment.

7. Work Examples - As an attachment, provide the following work products that members of the

proposer’s team developed. List the team member who actually wrote the document and the

projects on which they were used. Work from the designated CxA is preferred.

• Commissioning plan that was executed (the process part of the plan);

• An actual functional test procedure form that was executed

8. Provide a fixed, lump sum total cost to accomplish the work for the following phases: design

(SD, DD and CD Phases), construction, occupancy and operations.

All task amounts must include associated meetings, progress reports and direct costs

(travel, mileage, per diem, communications, etc.). Use the attached budget table (or a

suitable equivalent) to provide a cost breakdown.

9. Provide an hourly rate for each team member for any work that may exceed the scope. For each

phase, provide the percentage level of effort for each primary team member.

10. Use the budget table shown (or a suitable equivalent) to provide a cost breakdown.

Page 10: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

11. Insurance - Provide the following:

• Insurance company name and agents, your insurance coverage including type and limits with a sample certificate of representative coverage.

12. Past Claims or Disputes – Indicate the following:

• Any claims, disputes, or arbitration or mediation proceedings that have occurred on any projects in the last five (5) years and who they were with.

• Give a status of each even if they are pending.

Include the responses to Exhibits 2 through 7 after section 12

V. METHOD OF SELECTION

The selection committee will develop a short list of up to (4) firms. All respondents will then be notified in writing. The selection committee will then interview the selected firms. The Owner’s Representative will confirm scheduled time and location of the interview. Firms selected for interview will be required to submit a written response to a Request for Proposal and present that information in an oral presentation not to exceed thirty (30) minutes.

VI. GENERAL TERMS AND CONDITIONS

A prospective respondent must be willing to adhere to and accept the terms and conditions of this RFQ, including the following, and must positively state its acceptance and compliance with them in its response to this Request for Qualifications.

1. Acceptance or Rejection by the Windham High School Renovation Building Committee –

The Windham High School Renovation Building Committee reserves the right to accept and/or reject any or all qualifications submitted for consideration to serve the best interests of the Windham High School Renovation Building Committee and the Town of Windham (Town). Respondents whose qualifications are not accepted will be notified in writing.

2. Ownership of Documents – All qualification statements submitted in response to this RFQ are to be the sole property of the Windham High School Renovation Building Committee and the Town of Windham and subject to the provisions of Section 1-19 of the Connecticut General Statutes (re: Freedom of Information).

3. Ownership of Subsequent Products – Any product, whether acceptable or unacceptable, developed under a contract awarded as a result of this RFQ is to be the sole property of the Windham High School Renovation Building Committee and the Town of Windham unless stated otherwise in the RFQ or contract.

4. Timing and Sequence – Timing and sequence of events resulting from this RFQ will ultimately be determined by the Windham High School Renovation Building Committee, Town, and/or the Owner’s Representative.

5. Oral Agreements – Any alleged oral agreement or arrangements made by a respondent with any board, commission, agency, employee, or representative of Windham High School Renovation Building Committee or Town will be void and of no force and effect.

6. Amending or Canceling Requests – The Windham High School Renovation Building Committee reserves the right to amend or cancel this RFQ prior to the due date and time, if it is in the best interest of the Windham High School Renovation Building Committee and the Town to do so.

Page 11: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

7. Rejection for Default or Misrepresentation – The Windham High School Renovation Building Committee reserves the right to reject the qualifications of the respondent that is in default of any prior contract or for misrepresentation.

8. Owner’s Clerical Errors in Awards – The Windham High School Renovation Building Committee reserves the right to correct inaccurate awards resulting from its clerical errors.

9. Rejection of Qualification Statements – Qualification statements are subject to rejection in whole or in part if they limit or modify any of the terms and conditions and/or specifications of the RFQ.

10. Changes to Qualification Statements - No additions or changes to the original qualification statements will be allowed after the deadline for submittal.

11. Contract Requirements – A formal agreement will be entered into with the firm selected. The contents of the proposal submitted by the successful respondent and the RFP will become part of any contract award and may be amended/revised by the Windham High School Renovation Building Committee or the Town at their discretion. The Draft contracts are included with this RFQ

12. Rights Reserved to the Windham High School Renovation Building Committee – The Windham High School Renovation Building Committee reserves the right to award in part, to reject any and all qualification statements and/or proposals in whole or in part, to waive technical defects, irregularities and omissions if, in its judgment, the best interests of the Windham High School Renovation Building Committee and the Town of Windham will be served.

13. Withdrawal of Qualification Statements – Negligence on the part of the respondent in preparing the qualifications confers no right of withdrawal after the time fixed for the acceptance of the qualification statement.

14. Assigning, Transferring of Agreement – The successful respondent is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of the agreement or its rights, title or interest therein or its power to execute such agreement to any other person, company, or corporation without the prior consent and approval in writing by the Windham High School Renovation Building Committee.

15. Cost of Preparing Qualification Statements – The Windham High School Renovation Building Committee and the Town shall not be responsible for any expenses incurred by the organization in preparing and submitting a qualification statement. All qualification statements shall provide a straightforward, concise delineation of the firm’s capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content.

16. Release & Waiver – Each respondent releases and waives any and all claims or actions that it may have against the Windham High School Renovation Building Committee, the Town of Windham and/or their respective officers, directors, employees or authorized agents as a result of, or in connection with, the exercise of any rights of Windham High School Renovation Building Committee under this RFQ or subsequent RFP, including but not limited to Article V hereof.

17. Indemnification – Each respondent acknowledges and agrees that the following provisions will be included in the formal agreement referred to in section 11 above.

To the fullest extent permitted by law, the Commissioning Agent shall indemnify, defend and hold harmless Owner, its Owner's Representative, Architect, Project Manager and all of their respective councils, departments, boards, commissions, committees, officers, officials, employees, agents, representatives, successors and assigns and anyone else acting for or on behalf of Owner (collectively "indemnitees") from and against all damages, actions, claims, liabilities, injuries, losses, demands, actions, causes of action, suits, sums, fines, penalties and expenses (including but not limited to additional and/or extra construction

Page 12: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

expenses, and reasonable attorneys', experts' fees and costs, whether incurred in or out of court and/or arbitration or as part of a regulatory, administrative or bankruptcy proceeding) of any nature whatsoever, foreseen or unforeseen, whether arising in tort, contact or otherwise (collectively "Claims"), which Claims arise out of or are connected with: (i) the negligent, reckless and/or intentional acts, misconduct, errors or omissions of the Commissioning Agent, its subcontractors, consultants and/or anyone directly or indirectly employed by any of them or for whom they are responsible; and (ii) the failure or the alleged failure of the Commissioning Agent, its subcontractors, consultants and/or anyone directly or indirectly employed by any of them or for whom they are responsible, to comply with any applicable Federal, State or local laws, statutes, ordinances or regulations of any governmental authority in connection with the performance or non-performance of the services to the Owner hereunder (including but not limited to the Fair Labor Standards Act, as amended, and Occupational Safety and Health Act of 1970); except this indemnification obligation expressly excludes all Claims for bodily injury or property damage to the extent solely caused by or resulting from the negligence, reckless or intentional misconduct, acts or omissions of Indemnitees. The Commissioning Agent’s obligations set forth herein shall survive termination and/or full or partial performance of its Agreement with Owner, and shall not be limited by applicable insurance.

The Commissioning Agent’s indemnification obligation covers all acts arising out of, but not limited to, the following: bodily injury, sickness, disease or death, or to injury to or destruction of property including the loss of use resulting therefrom:

a. Caused by, incident to, connected with or arising directly or indirectly out of the performance of the Agreement with Owner;

b. Arising directly or indirectly out of the presence of any person in, or about any part of the Project site or the streets, sidewalks and property adjacent thereto; or

c. Arising directly or indirectly out of the use, misuse, or failure of any machinery or equipment (including but not limited to, scaffolding, ladders, hoists, rigging, supports, etc.) whether or not such machinery or equipment was furnished, rented or loaned by Owner, its officers, employees, agents or servants or other Indemnitees.

In any and all Claims against the Indemnitees by any employee of Commissioning Agent or any of its subcontractors or consultants and/or anyone directly or indirectly employed by any of them or for whom they are responsible, the indemnification obligations under the Agreement with Owner shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Commissioning Agent or any subcontractor or consultants under Worker’s Compensation Acts, disability benefits acts or other employee benefit acts. If Commissioning Agent fails to defend any Indemnitee entitled to indemnification hereunder, such person may, but shall not be obligated, to defend any such Claims and the actual and reasonable cost thereof (including, without limitation, reasonable attorneys', experts' fees and costs, whether incurred in or out of court and/or arbitration or as part of a regulatory, administrative or bankruptcy proceeding) shall be included as part of the Claims covered by Commissioning Agent’s indemnity obligations hereunder.

18. Insurance - Provide a copy of insurance certificate for the insurance limits shown below:

i. Commissioning Agent shall agree to maintain in force at all times during the contract the

following minimum coverages and shall name Town of Windham as an Additional Insured on

a primary and non-contributory basis to all policies, except Workers Compensation and

Professional Liability. All policies should also include a Waiver of Subrogation. Insurance

shall be written with Carriers approved in the State of Connecticut and with a minimum AM

Page 13: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

Best’s Rating of “A- “ VIII. In addition, all Carriers are subject to approval by Town of

Windham.

(Minimum Limits) General Liability Each Occurrence

General Aggregate Products/Completed Operations Aggregate

$2,000,000 $4,000,000 $4,000,000

Auto Liability Combined Single Limit

Each Accident

$1,000,000

Umbrella (Excess Liability)

Each Occurrence Aggregate

$40,000,000 $40,000,000

Professional Liability

Each Claim $5,000,000

. ii. If any policy is written on a “Claims Made” basis, the policy must be continually renewed for a

minimum of two (2) years from the completion date of this contract. If the policy is replaced

and/or the retroactive date is changed, then the expiring policy must be endorsed to extend

the reporting period for claims for the policy in effect during the contract for two (2) years from

the completion date.

iii. Workers’ Compensation and WC Statutory Limits

Employers’ Liability EL Each Accident $1,000,000

EL Disease Each Employee $1,000,000

EL Disease Policy Limit $1,000,000

iv. Original, completed Certificates of Insurance must be presented to Town of Windham and

Windham High School Renovation Building Committee prior to contract issuance. Commissioning Agent agrees to provide replacement/renewal certificates at least 30 days prior to the expiration date of the policies. Should any of the above described policies be cancelled, limits reduced or coverage altered, 30 days written notice must be given to the Town.

v. All of the insurance requirements set forth in this paragraph shall apply to any subcontractors

hired by respondent to perform any of its obligations hereunder unless specifically requested by

the respondent and approved by the Department in a lesser amount. The Windham High

School Renovation Building Committee and the Town reserves the right to require any

additional insurance coverage for any specific work to be performed by any of respondent's

subcontractors.

vi. Builders Risk – CM shall provide Builders Risk Insurance until Substantial Completion is

achieved and shall name The Town of Windham and the Windham High School Renovation

Building Committee as Additionally Insured. The CM is responsible for the deductible.

vii. No provision of this paragraph shall be construed or deemed to limit respondent's obligations

under this Agreement to pay damages or other costs or expenses.

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19. EEO/Affirmative Action – Demonstration of commitment to Affirmative Action by full compliance with the regulations of the Commission of Human Rights and Opportunities (CHRO). The Town of Windham is an Equal Opportunity/Affirmative Action Employer.

END OF REQUEST FOR QUALIFICATIONS/PROPOSAL (RFQ/RFP)

Windham High School Renovate as New. OSCGR Project #____163-0079 & TMP-163-ZXVJ____

Page 15: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

Exhibit 1a - PROPOSAL FORM

WINDHAM PUBLIC SCHOOLS REQUEST FOR PROPOSALS FOR

COMMISSIONING AGENT SERVICES for WINDHAM HIGH SCHOOL

PROPOSER’S FULL LEGAL NAME:

PRICE PROPOSAL Pursuant to and in full compliance with the RFP, the undersigned proposer, having visited the

site or property if applicable, and having thoroughly examined each and every document

comprising the RFP, including any addenda, hereby offers and agrees as follows:

To provide the products and/or services specified in, and upon the terms and conditions of, the

RFP for the total sum of:

__________________________________________ ________________Dollars (write out in words)

($ ).

ACKNOWLEDGEMENT In submitting this Proposal Form, the undersigned proposer acknowledges that the price(s)

include all labor, materials, transportation, hauling, overhead, fees and insurances, bonds or

letters of credit, profit, security, permits and licenses, and all other costs to cover the completed

products and/or services called for in the RFP. Except as otherwise expressly stated in the RFP,

no additional payment of any kind will be made for the products and/or services called for in the

RFP.

Page 16: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

Exhibit 1b: Pricing Table

Task Cost ($)

Design Phase

1. Reviews of Design, OPR & BOD

2. Design Phase Meetings (Quantity of meetings ) 3. Energy Usage and Assessment Meetings (Quantity of mtgs_____)

4. Commissioning plan, specification development

5. Other

Subtotal

Construction Phase

1. Submittal reviews

2. Checklist and Functional test writing

3. Field Reviews-Checklists & Startups (# of Site Visits )

4. Construction Phase Meetings (Quantity of Meetings )

4. Functional test execution and documentation

5. O&M manual review and training review

6. Compilation of commissioning record

7. Systems manual development

8. Other

Subtotal

Occupancy and Operations 1. Seasonal testing

2. Near-warranty end review

3. Energy Use and assessment reviews

4. Other

Subtotal

Total

Page 17: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

Exhibit 2: Commissioning Firm Experience

FILL OUT A SEPARATE FORM FOR EACH FIRM ON THE TEAM INCLUDING SUB-CONSULTANTS

Company Name Contact Person Title

Address City State Zip/Postal Code

Telephone

Description of Business

Fax E-Mail

Commissioning Activities

Percentage of overall business devoted to commissioning %

How long has the firm offered commissioning services years

Average number of commissioning projects performed each

year:

Projects

Number of registered engineers on staff who have directed commissioning projects: ______.

The firm has provided commissioning services in the following: (check all that apply)

Public Schools

Office or retail

Hospitals

Assisted Living

Laboratories

Multi Family

Building Sector

New Construction

Major

Renovation

Existing

Building

Retro/Re

Equipment

Replacement

Industrial / Manufacturing Special purpose–prisons, museums, libraries, etc. Other; Describe

END OF EXPERIENCE FORM

Page 18: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

Exhibit 3: Commissioning Task Experience for Similar Projects

FILL OUT A SEPARATE FORM FOR EACH FIRM ON THE TEAM INCLUDING SUB-CONSULTANTS

Project

(Name, Date, Bldg. Size,

Type, new or existing)

PBC CONTACT (Title, City, State, and Phone)

Name & Role of Persons(s)

Assigned to Project by Firm

(identify any sub-consultants)

Task Comments

Co

mm

iss

ion

ing

Developed PBC’s Project Requirements

Wrote commissioning plan

Wrote commissioning specs

Wrote construction checklists

Wrote functional test procedures

Witnessed and documented functional tests

Performed functional tests (hands-on)

Wrote systems manual Used data loggers or EMS trend logs for testing

Developed or approved staff training

Reviewed completed O&M manuals

Ma

na

ge

me

nt

Commissioning provider

was part of the firm

Supervised a sub-

consultant commissioning

provider to our firm.

Worked with a commissioning provider hired by others

Page 19: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

System or Equipment

Co

mm

iss

ion

ing

Ta

sk

s P

erf

orm

ed

Central building automation system

All equipment of the heating, ventilating and air conditioning systems

Enhanced Filtration Units

Scheduled or occupancy sensor lighting controls

Daylight dimming controls

Refrigeration systems

Emergency power generators and automatic transfer switching

Uninterruptible power supply systems

Life safety systems (fire alarm, egress pressurization, fire protection)

Electrical (service switchgear, switchboards, distribution panels, transformers, motor

control centers, power monitoring and metering, transient voltage surge suppressors,

variable speed drives, grounding and ground fault systems, over current protective

devices, low voltage bussway, thermographic survey, white sound system).

Domestic and process water pumping and mixing systems

Equipment sound control systems and testing

Data and communication

Paging systems

Security system

Irrigation

Plumbing

Vertical transport

Building envelope including the different types of curtain wall assemblies (specify roofing,

windows and doors, construction joints, etc.)

Sustainability features

Effluent decontamination systems

Process instrumentation and controls

Other: Describe as an attachment to this exhibit

END OF TASK EXPERIENCE FORM

Page 20: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

Exhibit 4 - REQUIRED DISCLOSURES

1. Exceptions to/Clarifications of/Modifications of the RFP

This proposal does not take exception to or seek to clarify or modify any

requirement of the RFP, including but not only any of the Contract Terms set

forth in the Standard Instructions to Proposers. The proposer agrees to each

and every requirement, term, provision and condition of this RFP.

OR

This proposal takes exception(s) to and/or seeks to clarify or

modify certain of the RFP requirements, including but not only the following

Contract Terms set forth in the Standard Instructions to Proposers. Attached is

a sheet fully describing each such exception.

2. State Debarment List

Is the proposer on the State of Connecticut’s Debarment List?

Yes No

3. Occupational Safety and Health Law Violations

Has the proposer or any firm, corporation, partnership or association in which it

has an interest (1) been cited for three (3) or more willful or serious violations of

any occupational safety and health act or of any standard, order or regulation

promulgated pursuant to such act, during the three-year period preceding the

proposal (provided such violations were cited in accordance with the provisions

of any state occupational safety and health act or the Occupational Safety and

Health Act of 1970, and not abated within the time fixed by the citation and such

citation has not been set aside following appeal to the appropriate agency or

court having jurisdiction) or (2) received one or more criminal convictions

related to the injury or death of any employee in the three-year period preceding

the proposal?

Yes No

If “yes,” attach a sheet fully describing each such matter.

Page 21: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

4. Arbitration/Litigation

Has either the proposer or any of its principals (current or former, regardless of

place of employment) been involved for the most recent ten (10) years in any

pending or resolved arbitration or litigation?

Yes No

If “yes,” attach a sheet fully describing each such matter.

5. Criminal Proceedings

Has the proposer or any of its principals (current or former, regardless of place of

employment) ever been the subject of any criminal proceedings?

Yes No

If “yes,” attach a sheet fully describing each such matter.

6. Ethics and Offenses in Public Projects or Contracts

Has either the proposer or any of its principals (current or former, regardless of

place of employment) ever been found to have violated any state or local ethics law,

regulation, ordinance, code, policy or standard, or to have committed any other

offense arising out of the submission of proposals or bids or the performance of

work on public works projects or contracts?

Yes No

If “yes,” attach a sheet fully describing each such matter.

END OF DISCLOSURE FORM

Page 22: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

WINDHAM PUBLIC SCHOOLS

REQUEST FOR PROPOSALS FOR COMMISSIONING AGENT SERVICES for

WINDHAM HIGH SCHOOL

Exhibit 5 PROPOSER’S LEGAL STATUS DISCLOSURE

Please fully complete the applicable section below, attaching a separate sheet if you need

additional space.

For purposes of this disclosure, “permanent place of business” means an office continuously

maintained, occupied and used by the proposer’s regular employees regularly in attendance to carry

on the proposer’s business in the proposer’s own name. An office maintained, occupied and used

by a proposer only for the duration of a contract will not be considered a permanent place of

business. An office maintained, occupied and used by a person affiliated with a proposer will not be

considered a permanent place of business of the proposer.

IF A SOLELY OWNED BUSINESS:

Proposer’s Full Legal Name

Street Address

Mailing Address (if different from Street Address)

Owner’s Full Legal Name

Number of years engaged in business under sole proprietor or trade name

Does the proposer have a “permanent place of business” in Connecticut, as defined

above?

Yes No

If yes, please state the full street address (not a post office box) of that

“permanent place of business.”

IF A CORPORATION:

Proposer’s Full Legal Name

Street Address

Mailing Address (if different from Street Address)

Owner’s Full Legal Name

Number of years engaged in business

Names of Current Officers

President Secretary Chief Financial Officer

Page 23: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

Does the proposer have a “permanent place of business” in Connecticut, as defined

above? Yes No

If yes, please state the full street address (not a post office box) of that

“permanent place of business.”

IF A LIMITED LIABILITY COMPANY:

Proposer’s Full Legal Name

Street Address

Mailing Address (if different from Street Address)

Owner’s Full Legal Name

Number of years engaged in business

Names of Current Manager(s) and Member(s)

Name & Title (if any) Residential Address (street only)

Name & Title (if any) Residential Address (street only)

Name & Title (if any) Residential Address (street only)

Name & Title (if any) Residential Address (street only)

Name & Title (if any) Residential Address (street only)

Does the proposer have a “permanent place of business” in Connecticut, as defined above?

Yes No

If yes, please state the full street address (not a post office box) of that

“permanent place of business.”

Page 24: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

Request for Qualifications Commissioning Services Windham High School

Page 24 of 26

IF A PARTNERSHIP:

Proposer’s Full Legal Name

Street Address

Mailing Address (if different from Street Address)

Owner’s Full Legal Name

Number of years engaged in business

Names of Current Partners

Name & Title (if any) Residential Address (street only)

Name & Title (if any) Residential Address (street only)

Name & Title (if any) Residential Address (street only)

Does the proposer have a “permanent place of business” in Connecticut, as defined

above?

______Yes _______No

If yes, please state the full street address (not a post office box) of that

“permanent place of business.”

Proposer’s Full Legal Name

(print)

Name and Title of Proposer’s Authorized Representative

(signature)

Proposer’s Representative, Duly Authorized

Date

END OF LEGAL STATUS DISCLOSURE FORM

Page 25: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

Request for Qualifications Commissioning Services Windham High School

Page 25 of 26

WINDHAM PUBLIC SCHOOLS

REQUEST FOR PROPOSALS FOR COMMISSIONING AGENT SERVICES for

WINDHAM HIGH SCHOOL

Exhibit 6 PROPOSER’S NON-COLLUSION AFFIDAVIT FORM

PROPOSAL FOR: The undersigned proposer, having fully informed himself/herself/itself regarding the accuracy of the

statements made herein, certifies that:

(1) the proposal is genuine; it is not a collusive or sham proposal;

(2) the proposer developed the proposal independently and submitted it without collusion with, and without any agreement, understanding, communication or planned common course of

action with, any other person or entity designed to limit independent competition;

(3) the proposer, its employees and agents have not communicated the contents of the proposal

to any person not an employee or agent of the proposer and will not communicate the

proposal to any such person prior to the official opening of the proposal; and

(4) no elected or appointed official or other officer or employee of Town #14 School District is

directly or indirectly interested in the proposer’s proposal, or in the supplies, materials,

equipment, work or labor to which it relates, or in any of the profits thereof.

The undersigned proposer further certifies that this affidavit is executed for the purpose of inducing

Town #14 School District to consider its proposal and make an award in accordance therewith.

Legal Name of Proposer (signature)

Proposer’s Representative, Duly Authorized

Name of Proposer’s Authorized

Representative

Title of Proposer’s Authorized Representative

Date

Subscribed and sworn to before me this day of , 201 .

Notary Public

My Commission Expires:

END OF NON-COLLUSION AFFIDAVIT FORM

Page 26: TOWN OF WINDHAM Windham High Renovation REQUEST FOR

Request for Qualifications Commissioning Services Windham High School

Page 26 of 26

WINDHAM PUBLIC SCHOOLS

REQUEST FOR PROPOSALS FOR COMMISSIONING AGENT SERVICES for

WINDHAM HIGH SCHOOL

Exhibit 7 PROPOSER’S STATEMENT OF REFERENCES FORM

Provide at least three (3) references:

1. BUSINESS NAME

ADDRESS

CITY, STATE

TELEPHONE:

INDIVIDUAL CONTACT NAME AND POSITION

2. BUSINESS NAME

ADDRESS

CITY, STATE

TELEPHONE:

INDIVIDUAL CONTACT NAME AND POSITION

3. BUSINESS NAME

ADDRESS

CITY, STATE

TELEPHONE:

INDIVIDUAL CONTACT NAME AND POSITION

END OF STATEMENT OF REFERENCES FORM