new high school and consolidated early learning academy ...nov 14, 2019 · and creation of a new...

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New High School and Consolidated Early Learning Academy and

Meeting House Hill School Addition and Renovation

New Fairfield Public Schools

Request for Qualifications / Request for Proposals for Owner’s Representative Services

Table of Contents I. Introduction II. Project Overview

A. Project Background B. Project Descriptions

III. Project Schedule IV. Project Budget V. Minimum and Preferred Qualifications VI. Response Instructions - Statement of Qualifications VII. Evaluation Criteria VIII. Scope of Services IX. Contract Terms X. Response Instructions - Fee Proposal XI. Submissions Appendices Appendix A – Fee Proposal Form Appendix B - Insurance Requirements Appendix C - Background Disclosure Form Appendix D - Legal Status Disclosure Form Appendix E - Statement of References Form Appendix F - Education Specifications for the New Fairfield High School and Consolidated Early Learning Academy and Meeting House Hill School

RFQ/RFP Issue Date: November 14, 2019

Statement of Qualification / Proposals Due: December 2, 2019 no later than 2:00 p.m.

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I. Introduction The New Fairfield Permanent Building Committee (PBC) invites qualified firms to submit qualification statements and proposals to provide comprehensive owner’s representative and project management services associated with the design and construction of the (new) New Fairfield High School (NFHS) and the Consolidated Early Learning Academy and Meeting House Hill School extension (CELA/MMHS). Interested firms shall have extensive experience in the design and construction of high schools (grades 9 through 12) and elementary schools (pre-kindergarten through grade 5), specifically in the State of Connecticut. They shall also have experience with the Connecticut Department of Administrative Services Office of School Construction Grants and Review as specified below. The New Fairfield Board of Education has submitted two separate grant applications for each project respectively. As such, the projects are considered separate projects and will be managed as such. Your proposals must address the project as a whole but also delineate cost separately as it will be required throughout the renovation and addition projects.

II. Project Overview

A. Project Background

The New Fairfield Public School system consists of four centralized schools. The high school and middle school are conjoined on a 146 acre site on Gillotti Road. The Meeting House Hill School is located just east of the high school and middle school and the Consolidated School is located further east but also located on Gillotti Road in New Fairfield. The high school houses grades nine through twelve and the middle school houses grades six through eight. Meeting House Hill School houses grades three through five and the Consolidated School houses pre-kindergarten through second grade.

A facility study of the existing high school and Consolidated School by QA+M Architecture in April 2019 identified fair to poor conditions at both the high school and consolidated school. Both schools contain code violations, energy, programming, and building envelope deficiencies as well as vehicular and pedestrian site circulation issues. They require HVAC and school security upgrades as well as natural lighting.

In addition to the facility study, an enrollment study of the district was conducted by the New England School Development Council (NESDEC) in October 25, 2018. Enrollment projections show district enrollments dropping by approximately 470 students between 2018 and 2028. Based

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upon the enrollment projections and poor conditions of the high school and Consolidated School, the Town of New Fairfield and New Fairfield Public Schools decided to reduce the number of facilities from four to three by eliminating the Consolidated School and constructing an addition to the existing Meeting House Hill School and ultimately replacing the high school with a new facility.

B. Project Descriptions

On October 5, 2019 the town of New Fairfield passed referendum for the replacement of the existing New Fairfield High School with a new high school and the replacement of the existing Consolidated School with a new addition to the existing Meeting House Hill Road School. The school district submitted two separate grant applications for these anticipated projects in June, 2019. As such, each project will be designed, constructed and managed as two separate projects. High School - The new High School facility, including appropriate FF&E, will be approximately 143,000 gross square feet and is proposed to be constructed west of the existing high school on the existing grass playfields. The eight-year high projected enrollment is 716 students with a space standard calculation of 133,534 square feet. The project also includes the demolition of the majority of the existing High School, restoration or creation of new exterior walls and egress points for existing structures to remain that were connected to the high school, renovation to existing pool and team locker rooms, ADA accessibility upgrades to the remaining central kitchen servery, construction of new or renovation of existing space to include district offices (as an add alternate), and coordination and restoration of any utilities or systems tied to the existing middle school that are affected by the project. Consolidated Early Learning Academy - The New Fairfield Public Schools has selected the option of constructing an addition to the existing Meeting House Hill School to consolidate the school operations. The new Consolidated Early Learning Academy addition, including appropriate FF&E, will be approximately 43,500 gross square feet and will house grades Pre-K through 1 while the existing Meeting House Hill School will house grades 2 through 5. The project will include the demolition of the existing Consolidated Elementary School, site restoration and creation of a new bus lot.

III. Project Schedule The overall project schedule consists of a standard design, bid, and construct process ultimately resulting with owner occupancy of Consolidated for the 2022-2023 academic year and New Fairfield High School for the start of the 2023-24 academic year. The project delivery method has not been determined by the PBC. Upon completion of Architect selection in December, the architect shall have 12 months to provide construction documents that may be used to perform the third-party code review and

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approvals by the required parties (local building official, local fire marshal, local health official, local 504 office, PBC and BOE. Three months will be allocated for such reviews and approvals after the construction documents have been submitted. Upon completion of the review and approvals phase, the projects will have a three-month bidding period. Building construction for the High School is scheduled with a 22-month duration and for the Consolidated Early Learning Center a 12-month duration. The High School abatement, demolition, enclosure of remaining building and alterations to select remaining areas will consist of a 12-month duration. The demolition of the existing Consolidated School and restoration of existing site will consist of a 10-month duration.

These dates are subject to change.

The owner’s representative selection schedule is as follows:

1. RFQ/RFP Published: November 13, 2019 (Wednesday)

2. Optional Site Tour: November 20, 2019 at 1:00pm (Wednesday) 3. Qualifications & Fee Proposals Due: Noon on December 2, 2019

(Monday) 4. Short-list OPM: December 3, 2019 (Tuesday) 5. Interviews: December 17, 2019 (Tuesday) 6. OPM Notification of Award: December 18, 2019 (Wednesday)

IV. Project Budget Based on expected State funding, the budgets for the two projects are as follows:

Total Project Budget

($ million)

Total Construction Budget, incl. escalation ($ million)

FF&E Budget ($ million)

High School 84.2 67.6 3.0

Consolidate Early Learning Academy/ Meeting House Hill School

29.2 21.7 1.8

The contract documents, plans, and estimates will be subject to review by the State of Connecticut Office of School Construction Grants and Review.

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V. Minimum and Preferred Qualifications The Town expects each respondent to meet at least the following minimum qualifications:

1. Demonstrate experience as a construction manager, owner’s representative, or architect in the completion of at least two (2) school construction projects in Connecticut, with a budget of at least $35 million each, one of which has a budget of at least $70 million, in the last ten (10) years.

2. Demonstrate experience with providing such services in conjunction with new-school construction on the site of an occupied school.

3. Demonstrate owner’s representative, project management, and/or construction management experience a minimum of $300 million in State-approved projects.

4. Demonstrate experience providing construction management, owner's representative or architectural services to multiple public school districts in Connecticut and provide references and contact information for these projects. List the school districts and projects for which the firm has provided complete Owner's Representative, construction oversight or Construction Management services. Include only current projects or projects completed within the last ten (10) years. Include specific information on projects (i.e. description, size, value, schedule, type of Owner's Representative Agreement), organizational structure with owner and current owner references, project's budget at the start of the project and completion of the project, and project's anticipated completion date at the start of the project and when the project was actually completed.

5. Demonstrated strong owner’s representative and project management skills, including but not limited to, extensive construction experience, change order evaluation, critical path scheduling and budget oversight. The selected firm must demonstrate the ability to work collaboratively with towns, school boards, building committees, architects and construction managers.

6. Demonstrate ability to staff the two projects concurrently.

7. Demonstrate project experience working with the State of Connecticut Department of Administrative Services, Office of School Construction Grants (DAS/OSCGR)

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8. Describe experience with working with community and government on local and state level, particularly in the context of new school construction.

9. Indicate who will be providing mechanical, engineering, plumbing (MEP) expertise, schedule and cost estimating capabilities if such services will be subcontracted.

10. Describe experience with defining and implementing The State of Connecticut High Performance Building Standards.

11. Demonstrate understanding of and ability to meet the owner's representative goals and ability to provide the scope of services set forth in this RFQ/RFP.

12. Describe experience working with "at risk" construction managers and guaranteed maximum price ("GMP") contracts.

13. Describe experience working with architects, engineers, commissioning agents and other consultants during design and construction activities, particularly new school design.

14. Demonstrate successful experience with State audits of completed projects. Cite examples of a minimum of two (2) audited school projects.

15. Preferred that the project leader is a licensed and registered engineer in the State of Connecticut

VI. Response Instructions - Statement of Qualifications

The qualification statement must be organized in the following format and include the following information:

1. A Table of Contents, including clear identification of the material provided by section and number;

2. A cover letter containing the respondent’s interest in providing the owner’s representative services and any other information that would assist the Town in making a selection;

3. The name, telephone number, and e-mail address of the person to be contacted for further information or clarification;

4. Company Information - The Company shall provide the following information:

a. Name of company and parent company, if any b. Name of company's primary areas of service

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c. Address of main office and office from which the project will be managed

d. Name, address and telephone number of the principal contact person to receive notifications and to reply to inquiries from the Town and the PBC

e. Date established f. Legal form of ownership. If a corporation, where incorporated

5. Years of Services - How many years have you been engaged in Owner Representative services for school construction under your present company name?

6. Relevant Experience - Provide descriptions of similar projects for which you have provided Owner Representative services. The description of each project should include pertinent information such as the project type, size, construction cost, scope of work performed, and any pertinent features.

7. Experience of Key Personnel - Provide a list of the key personnel to be assigned to this project and brief description of the work they will perform. The Project Executive and Project Manager each must provide evidence of at least ten (10) years of construction experience and five (5) years owner's representative experience. The location of the office to be used by key personnel listed shall be indicated. Resumes of the key personnel who will be directly involved in the project should be included. The resumes should be specific to the type of project and include at a minimum:

a. Current job title, responsibilities and type of work performed b. Educational background, academic degrees and professional

associations c. Experience on projects similar to that described in this RFQ/RFP

8. Project Approach and Methodology - Provide a description of the proposed technical approach to the project, including the identification of any unusual circumstances or anticipated problems and proposed solutions. The information will be used by the Town to assess the consultant's understanding of the project and its methodology.

9. References - List no less than three (3) client references for when services similar to this Request for Proposals are currently or have previously been provided, include for each client:

a. Name of Organization b. Approximate gross cost of agreement c. Date services started d. Services being provided e. Owner, address and telephone number of contact person

10. Completion of Work - Have you ever failed to complete any work awarded to you? If so, where and why? Have you ever not met the completion date?

11. Contract Default - Have you ever defaulted on a contract? If so, where and why?

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12. Litigation - Describe any pending litigation or other factors that could affect your organization's ability to perform this agreement.

13. Principal Membership - Names, titles, reporting relationships, background and experience of the principal members of your organization, including officers. Indicate which individuals are authorized to bind the organization in negotiations with the City.

VII. Evaluation Criteria

The New Fairfield Permanent Building Committee will utilize the following criteria to evaluate each firm's Statement of Qualification. Failure to provide the requested information under Section VI may result in a lower rating.

1. Clarity of proposal 2. Technical competence 3. Experience with Connecticut Educational (K-12) projects 4. Experience with of environmental regulations 5. Experience in working with and coordinating multiple agencies, architects,

engineers and contractors 6. Past record of performance on local contracts with respect to such factors

as schedule, cost control, work quality and cooperation with client 7. Knowledge of pertinent Federal, State and Local policies, procedures and

regulations 8. Experience in working with and making applications to the State

Department of Administrative Services Office of School Construction Grants & Review

9. Experience in LEED / High performance building projects 10. Due consideration of the proposer’s pricing for the School Projects 11. Experience with work of similar size and scope 12. Organizational and team structure 13. Past performance data, including, but not limited to, adherence to project

schedules and project budgets and the number of change orders for projects

14. The approach to the work required for the contract and documented contract oversight capabilities

15. Experience and coordination with utility companies for relocation of electrical poles, lines, feeds, etc.

In accordance with Connecticut General Statute § 10-287, the Town shall evaluate qualifications and request proposals, including pricing information, based on the factors described herein. On the basis of the received qualifications, the Town shall determine up to the four (4) most responsible qualified proposers from which to interview and evaluate fee proposals. The term

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“most responsible qualified proposers” means the proposer who is qualified by the Town when considering the price and the factors necessary for faithful performance of the School Project based on the criteria and scope of work included in the request for proposals. The Town will select the most responsible qualified proposer, meaning that, in addition to price, due consideration will be given to factors such as a proposer’s experience, references, capabilities, past performance, and other relevant criteria listed above, including the Minimum and Preferred Qualifications set forth in Section V of this RFQ. Such evaluation criteria shall include that listed above. Up to four (4) finalists will then be interviewed. Key members of the proposed project team are expected to participate in the interview/presentation. Following interviews, the town will open seal bid packages and the Town shall select the most responsible qualified proposer. Following the receipt and evaluation of responses to 1) Requests for Qualifications, 2) Requests for Proposals, and 3) interviews of up to four (4) finalists, the Town will issue a Preliminary Notice of Award. The Preliminary Notice of Award may be subject to further negotiations with the proposer. The making of a preliminary award to a proposer does not provide the proposer with any rights and does not impose upon the Town any obligations. The Town is free to withdraw a preliminary award at any time and for any reason. A proposer has rights, and the Town has obligations, only if and when a contract is executed by the Town and the proposer. If the proposer does not provide all required documents and execute the contract within ten (10) business days of the date of the Preliminary Notice of Award, unless extended by the Town, the Town may call any proposal security provided by the proposer and may enter into discussions with another proposer. VIII. Scope of Services

A. General a. The Owner's Representative shall have the authority to act on

behalf of the Town only to the extent provided in contractual agreements to which the Town is a party. The Owner's Representative shall confer with the PBC and designated staff of the Board of Education at intervals and on occasions appropriate to the various stages of the project (design, construction and programming).

B. Duties and Responsibilities a. Provide consultation services and advice by working closely with

the Town’s PBC, Building Department, Fire Marshall, Police, designated staff of the Board of Education, relevant State offices

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and officials, and the community at large on every aspect of the School Projects.

b. Preconstruction activities shall include attendance at program and construction meetings, reporting to the PBC, cash flow requirement preparation and budget tracking development.

c. Observe the progress and quality of the work as the Owner deems reasonably necessary at various stages of construction to determine, in general, that it is proceeding in accordance with the contract documents. Notify the PBC and designated staff of the Board of Education immediately if, in the Representative's opinion, work does not conform to the contract documents or requires special inspection or testing.

d. Assist with the development, review, completion of and submitting of required Town and State filings (with associated back-up), including funding authorization requests and reimbursement requests to the State of Connecticut.

e. Work closely with the CT State Department of Administrative Services, Office of School Construction Grants and Review (DAS/OSCGR), State Department of Education (SDE), the members of the PBC, the Fire and Police Departments, and all appropriate Town and Board of Education staff on all aspects of the School Project, including the grant and reimbursement application and management process.

f. Become familiar with the Owner's staff and the projects’ contract documents.

g. Obtain any necessary interpretations from the Architect. h. Attend meetings as requested by the PBC and state agencies,

including PBC and Board of Education meetings, and report to the PBC on the proceedings.

i. Review and oversee critical path schedules for design and construction provided by others.

j. Review and oversee project budgets, schedules and cash flow projections.

k. Oversee and coordinate detailed School Project cost estimating and any required reconciliation between estimates and budgets. Identify cost control and value management options to keep the School Project on budget and ensure compliance with Town and Board of Education approvals, State reimbursement requirements and School Project specifications.

l. Consult with the Architect in its review of shop drawings, product data and samples. Notify the Architect, the PBC and designated BOE staff if any portions of the work requiring shop drawings, product data or samples is commenced before such submittals have been approved.

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m. Ensure efficient and comprehensive communications and tracking of critical project elements (e.g., requests for information (RFI's); change orders, submittals, addendums, meeting minutes, schedules, etc.).

n. Review the Contractor's as-built drawings at intervals appropriate to the stage of construction and notify the Architect, the PBC and designated BOE staff of any apparent failure by the contractor to maintain up-to-date records.

o. Assist in the monitoring and reporting on contract manager, contractor and subcontractor compliance with all local, state and federal requirements.

p. Develop and implement a system for tracking the review and processing of change orders, including submission and approval of State Change Orders to the DAS Office of School Construction Grants.

q. Attend and represent the Town at all School Project meetings, including job meetings, regulatory meetings and any other meetings as required.

r. Develop and implement a procedure for review, approval and processing of contractor and professional consultant requests for payment.

s. Assist the Town and Board of Education to resolve any questions that arise during the School Project design and construction.

t. Review applications for payment submitted by the Construction Manager with the Architect on recommendations for payment.

u. Review applications for payment submitted by the Architect. v. Monitor the Construction Manager's construction schedules on an

ongoing basis and alert the Architect and the PBC and designated BOE staff to conditions that may lead to delays in completion of the Work.

w. Coordinate tests required by the Contract documents. Record and report to the Architect and the PBC on test procedures, test results and verify testing invoices to be paid by the Owner.

x. Review various logs maintained by the Construction Manager that record activities on the site including weather conditions, nature and location of work being performed, verbal instructions, specific observations, OSHA violations, and accidents and/or injuries on the job site. Review the event log for items that may result in a claim for a change in the Contract Sum or Contract Time, and report to the PBC of any findings.

y. Develop and maintain change order logs, project schedule and cash flow projections. Cash flow projections will need to be provided for two month advance request submittal to the DAS/OSCGR.

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z. Coordinate with the Commissioning Agent in conducting inspections and testing to determine conformance with design documents.

aa. Coordinate the completion and construction phase closeout of all projects including but not limited to: ensuring all appropriate documents are submitted, warranty issue oversight, owner-implemented changes and/or additions to the School Projects.

bb. Coordinate with the Architect in conducting inspections to determine the date or dates of Substantial Completion and the date of Final Completion.

cc. Coordinate with the Architect in receipt and transmittal to the Owner of documentation required of the Contractor and subcontractors at completion of the work.

dd. Verify that the architect/engineer is utilizing all available utility conservation rebates and consulting with utility companies.

ee. Prepare for and assist in the State project audit process. ff. Review Certified Payrolls for reasonableness, completeness and

compliance with the law. gg. Provide Value Management/Engineering Oversight. hh. Assist with State of Connecticut High Performance Building

Certification Process. ii. Provide documentation management services (e.g., warranties,

as-builts, manuals, etc.). jj. Determine final completion and turnover to the Town of all

required materials. kk. Keep meeting minutes as requested by the Owner. ll. Track high performance building components/points.

C. Limitations

The Owner’s Representative shall not: a. Authorize deviations from the contract documents. b. Approve substitution of materials or equipment. c. Personally conduct or participate in tests or third party inspections. d. Assume any of the responsibilities of the Construction

Management's superintendent or its subcontractors. e. Expedite the work for the Construction Manager. f. Issue directions concerning aspects of construction means,

methods, techniques, sequences or procedures, or safety precautions and programs in connection with the work.

g. Authorize or suggest that the Town occupy the project in whole or part.

h. Issue a Certificate for Payment or Certificate of Substantial Completion.

i. Prepare or certify to the preparation of shop drawings.

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j. Reject work or require special inspection or testing except as authorized in writing by the Architect and the PBC.

IX. Contract Terms The following provisions will be among the mandatory terms of the Town’s contract with the most qualified, responsible proposer (Successful Proposer). If a respondent is unwilling or unable to meet any of these Contract Terms, the respondent must disclose that inability or unwillingness in its Background Disclosure Form. The Town reserves the right to modify or include other provisions in its contracts as the Town, in its sole discretion, deems necessary or advisable.

a. DEFENSE, HOLD HARMLESS AND INDEMNIFICATION

The Successful Proposer agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless the Town, its employees, officers, officials, agents, volunteers and independent contractors, including any of the foregoing sued as individuals (collectively, the “Town Indemnified Parties”), from and against all proceedings, suits, actions, claims, damages, injuries, awards, judgments, losses or expenses, including attorney’s fees, arising out of or relating, directly or indirectly, to the Successful Proposer’s malfeasance, misconduct, negligence or failure to meet its obligations under the RFP or the Contract. The Successful Proposer’s obligations under this section shall not be limited in any way by any limitation on the amount or type of the Successful Proposer’s insurance. Nothing in this section shall obligate the Successful Proposer to indemnify the Town Indemnified Parties against liability for damage arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of the Town Indemnified Parties.

In any and all claims against the Town Indemnified Parties made or brought by any employee of the Successful Proposer, or anyone directly or indirectly employed or contracted with by the Successful Proposer, or anyone for whose acts or omissions the Successful Proposer is or may be liable, the Successful Proposer’s obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by the Successful Proposer under workers’ compensation acts, disability benefit acts, or other employee benefits acts.

The Successful Proposer shall also be required to pay any and all attorney’s fees incurred by the Town Indemnified Parties in enforcing any of the Successful Proposer’s obligations under this section, which obligations shall survive the termination or expiration of the RFP and the Contract.

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As a municipal agency of the State of Connecticut, the Town will NOT defend, indemnify, or hold harmless the Successful Proposer.

b. COMPLIANCE WITH IMMIGRATION LAWS

The Successful Proposer shall defend, indemnify, and hold harmless the Town, its employees, officers, officials, agents, volunteers and independent contractors, including any of the foregoing sued as individuals (collectively, the “Town Indemnified Parties”), against any and all proceedings, suits, actions, claims, damages, injuries, awards, judgments, losses or expenses, including fines, penalties, punitive damages, attorney’s fees and costs, brought or assessed against, or incurred by, the Town Indemnified Parties related to or arising from the obligations under the Immigration Reform and Control Act (“IRCA”) imposed upon the Successful Proposer or its subcontractor. The Successful Proposer shall also be required to pay any and all attorney’s fees and costs incurred by the Town Indemnified Parties in enforcing any of the Successful Proposer’s obligations under this provision, whether or not a lawsuit or other proceeding is commenced, which obligations shall survive the termination or expiration of the contract.

c. ADVERTISING The Successful Proposer shall not name the Town in its advertising, news releases, or promotional efforts without the Town’s prior written approval. If it chooses, the Successful Proposer may list the Town in a Statement of References or similar document required as part of its response to a public procurement. The Town’s permission to the Successful Proposer to do so is not a statement about the quality of the Successful Proposer’s work or the Town’s endorsement of the Successful Proposer.

d. W-9 FORM

The Successful Proposer must provide the Town with a completed W-9 form before contract execution.

e. INSURANCE

The Successful Proposer shall maintain and keep in force, at its sole cost and expense, at least the insurance listed in the Insurance Requirements that are a part of this RFQ.

f. PAYMENTS

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Proposers are encouraged to offer discounts for early payment. All other payments are to be made 30 days after the appropriate Town employee receives and approves the invoice.

g. TOWN INSPECTION OF WORK

The Town may inspect the Successful Proposer’s work at all reasonable times. This right of inspection is solely for the Town’s benefit and does not transfer to the Town the responsibility for discovering patent or latent defects. The Successful Proposer has the sole and exclusive responsibility for performing in accordance with the contract.

h. REJECTED WORK OR MATERIALS

The Successful Proposer, at its sole cost and expense, shall remove from the Town’s property rejected items, commodities and/or work within 48 hours of the Town’s notice of rejection. Immediate removal may be required when safety or health issues are present.

i. MAINTENANCE AND AVAILABILITY OF RECORDS

The Successful Proposer shall maintain all records related to the work described in the RFP for a period of five (5) years after final payment under the contract or until all pending Town, state and federal audits are completed, whichever is later. Such records shall be available for examination and audit by Town, state and federal representatives during that time.

j. SUBCONTRACTING

Prior to entering into any subcontract agreement(s) for the work described in the contract, the Successful Proposer shall provide the Town with written notice of the identity (full legal name, street address, mailing address (if different from street address), and telephone number) of each proposed subcontractor. The Town shall have the right to object to any proposed subcontractor by providing the Successful Proposer with written notice thereof within seven (7) business days of receipt of all required information about the proposed subcontractor. If the Town objects to a proposed subcontractor, the Successful Proposer shall not use that subcontractor for any portion of the work described in the contract.

All permitted subcontracting shall be subject to the same terms and conditions as are applicable to the Successful Proposer. The Successful Proposer shall remain fully and solely liable and responsible to the Town for performance of the work described in the contract. The Successful

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Proposer also agrees to promptly pay each of its subcontractors within thirty (30) days of receipt of payment from the Town or otherwise in accordance with law. The Successful Proposer shall assure compliance with all requirements of the contract. The Successful Proposer shall also be fully and solely responsible to the Town for the acts and omissions of its subcontractors and of persons employed, whether directly or indirectly, by its subcontractor(s).

k. WORKERS COMPENSATION

Prior to contract execution, the Town will require the Successful Proposer to provide a current statement from the State Treasurer that, to the best of the State Treasurer’s knowledge and belief, as of the date of the statement, the Successful Proposer was not liable to the State for any workers’ compensation payments made pursuant to Conn. Gen. Stat. § 31-355.

l. COMPLIANCE WITH LAWS

The Successful Proposer shall comply with all applicable laws, regulations, ordinances, codes and orders of the United States, the State of Connecticut and the Town related to its proposal and the performance of the work described in the contract.

m. LICENSES AND PERMITS

The Successful Proposer certifies that, throughout the contract term, it shall have and provide proof of all approvals, permits and licenses required by the Town and/or any state or federal authority. The Successful Proposer shall immediately and in writing notify the Town of the loss or suspension of any such approval, permit or license.

n. AMENDMENTS

The contract may not be altered or amended except by the written agreement of both parties.

o. ENTIRE AGREEMENT

It is expressly understood and agreed that the contract contains the entire agreement between the parties, and that the parties are not, and shall not be, bound by any stipulations, representations, agreements or promises, oral or otherwise, not printed or inserted in the contract or its attached exhibits.

p. VALIDITY

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The invalidity of one or more of the phrases, sentences or clauses contained in the contract shall not affect the remaining portions so long as the material purposes of the contract can be determined and effectuated.

q. CONNECTICUT LAW AND COURTS

The contract shall be governed by and construed in accordance with the internal laws (as opposed to the conflicts of law provisions) of the State of Connecticut, and the parties irrevocably submit in any suit, action or proceeding arising out of the contract to the jurisdiction of the United States District Court for the District of Connecticut or of any court of the State of Connecticut, as applicable.

r. NON-EMPLOYMENT RELATIONSHIP

The Town and the Successful Proposer are independent parties. Nothing contained in the contract shall create, or be construed or deemed as creating, the relationships of principal and agent, partnership, joint venture, employer and employee, and/or any relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the terms and conditions of the contract. The Successful Proposer understands and agrees that it is not entitled to employee benefits, including but not limited to workers compensation and employment insurance coverage, and disability. The Successful Proposer shall be solely responsible for any applicable taxes.

X. Response Instructions - Fee Proposal

Responding firms are requested to submit fee proposals in a separately sealed envelope and should not be included with the remainder of the written qualification and proposal package. Proposal fees for all owner representative and project management services should be presented in the form of a fixed lump sum. The only reimbursable expenses that will be reimbursed are (1) approved out of state travel associated with the project, (2) overnight mailings and (3) printing costs requested specifically for the project owner's use. Please provide the fee proposal, Appendix A, in a separate envelope.

XI. Submissions Statement of Qualifications and Proposals must be submitted in separate sealed envelopes clearly marked “NFHS & Consolidated OPM RFQ” and “NFHS & Consolidated OPM RFP” respectively. Two (2) original copies and one digital copy (thumb drive) shall be submitted to:

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Ms. Patty Mota Purchasing Agent Town of New Fairfield 3 Brush Hill Road New Fairfield, CT 06812

All inquiries may be submitted to Ms. Patty Mota at [email protected]. Questions must be submitted by Friday, November 22nd by 4:00 p.m. If required, an addendum will be distributed to all proposers Wednesday, November 27th by 12:00 p.m.

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APPENDIX A

FEE PROPOSAL FORM

New Fairfield High School Minimum 2.5 days per week on-site during construction period

Consolidated Early Learning Academy / Meeting House Hill School Minimum 2.5 days per week on-site during construction period

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APPENDIX B

INSURANCE REQUIREMENTS The Successful Proposer shall agree to maintain in force at all times during which services are to be performed the following coverages placed with company(ies) licensed by the State of Connecticut that have at least an “A-” VIII policyholders rating according to Best Publication’s latest edition Key Rating Guide. (Minimum Limits) General Liability* Each Occurrence

General Aggregate Products/Completed Operations Aggregate

$1,000,000 $2,000,000 $2,000,000

Auto Liability* Combined Single Limit

Each Accident $1,000,000

Professional Liability Each Claim or Each Occurrence Aggregate

$1,000,000 $1,000,000

Umbrella* (Excess Liability)

Each Occurrence Aggregate

$5,000,000 $5,000,000

* “The Town of New Fairfield” shall be named as “Additional Insured”. Coverage is to be provided on a primary, noncontributory basis. 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 the 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. Workers’ Compensation and WC Statutory Limits Employers’ Liability EL Each Accident $100,000 EL Disease Each Employee $100,000 EL Disease Policy Limit $500,000 Original, completed Certificates of Insurance must be presented to the Town prior to purchase order/contract issuance. The Successful Proposer agrees to provide replacement/renewal certificates at least 60 days prior to the expiration of any policy. Should any of the above described policies be cancelled before the expiration date, written notice must be given to the Town 30 days prior to cancellation.

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APPENDIX C

BACKGROUND DISCLOSURE FORM

RESPONDENT’S FULL LEGAL NAME:_____________________________________________ REQUIRED DISCLOSURES

1. Exceptions to the RFQ ______ This response does not take exception to any requirement of the RFQ, including but not only any of the Contract Terms set forth in Section VII.

OR

______ This response takes exception(s) to certain of the RFQ requirements, including but not only the following Contract Terms set forth in Section VII. Attached is a sheet fully describing each such exception. 2. State Debarment List Is the respondent on the State of Connecticut’s Debarment List? ______ Yes ______ No 3. Occupational Safety and Health Law Violations Has the respondent 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 submission (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 response? ______ Yes ______ No If “yes,” attach a sheet fully describing each such matter.

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4. Arbitration/Litigation Has either the respondent or any of its principals (regardless of place of employment) been involved for the most recent ten (10) years in any resolved or pending arbitration or litigation? ______ Yes ______ No If “yes,” attach a sheet fully describing each such matter. 5. Criminal Proceedings Has the respondent or any of its principals (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 respondent or any of its principals (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. BY ___________________________ TITLE:_____________________________ (PRINT NAME) ______________________________ DATE:_____________________________ (SIGNATURE)

END OF BACKGROUND DISCLOSURE FORM

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Appendix D

LEGAL STATUS DISCLOSURE FORM

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 respondent’s regular employees regularly in attendance to carry on the respondent’s business in the respondent’s own name. An office maintained, occupied and used by a respondent 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 respondent will not be considered a permanent place of business of the respondent. IF A SOLELY OWNED BUSINESS:

Respondent’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 respondent 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:


Street Address



Number of years engaged in business

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Names of Current Officers

_____________________ ______________________ ________________________ President Secretary Chief Financial Officer Does the respondent 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:


Street Address




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

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________ Yes ________ No If yes, please state the full street address (not a post office box)


IF A PARTNERSHIP:


Street Address




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

Does the respondent 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)


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*************************************************************************

_____________________________________________ Respondent’s Full Legal Name _____________________________________________ (print) Name and Title of Respondent’s Authorized Representative _____________________________________________ (signature) Respondent’s Representative, Duly Authorized _____________________________________________ Date

END OF LEGAL STATUS DISCLOSURE FORM

Appendix E

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:____________________________________________________________


_______________________________________________________________________

3. BUSINESS NAME________________________________________________________

ADDRESS_______________________________________________________________

CITY, STATE____________________________________________________________

TELEPHONE:____________________________________________________________


_______________________________________________________________________

END OF STATEMENT OF REFERENCES FORM

Appendix F

Education Specifications for New Fairfield High School and Consolidated Early Learning Academy and Meeting House Hill School

Available at http://www.newfairfieldschools.org/buildingprojects

new high school and consolidated early learning academy ...nov 14, 2019 · and creation of a new...

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