Bid Notice.pdf

RFQ#546-10-06-26 – Commissioning Consultant Services Fremont Unified School District

OVERVIEW AND SUBMISSION GUIDELINES

NOTICE IS HEREBY GIVEN that Fremont Unified School District (“District”) is seeking qualified persons, firms, partnerships, corporations, associations, or professional organizations to provide commissioning consultant services to the District for selected projects. This RFQ is to supplement the existing consultant pool. Consultants currently approved will remain in the pool and do not need to resubmit an RFQ.

Respondents to the RFQ should mail or deliver five (5) bound copies, one (1) unbound copy, and one (1) electronic copy on CD or flash drive of their Submittal, labeled “RFQ # 546-10- 06-26 Submittal,” to:

Adam Lint

Director Facilities & Construction

FREMONT UNIFIED SCHOOL DISTRICT

43772 S Grimmer Blvd

Fremont, CA 94538

ALL RESPONSES ARE DUE BY 2:00 P.M. ON THURSDAY, NOVEMBER 5 2026. Oral, telegraphic, facsimile, telephone, and/or email Submittals will not be accepted. Submittals received after this date and time will not be accepted.

Questions regarding the RFQ may be directed in writing to Priscilla Wong at pwong@fusdk12.net AND Bo Liu at botao.liu@cumming-group.com AND Vinish Varghese at vinish.varghese@cumming-group.com and must be submitted in writing on or by 2:00 P.M. ON THURSDAY, OCTOBER 29, 2026.

Each Submittal must conform and be responsive to the requirements set forth in the RFQ.

District reserves the right to waive any informalities or irregularities in received Submittals.

Further, District reserves the right to reject any and all Submittals and to negotiate contract terms with one or more Respondents for any portion of the services. District retains sole discretion to determine issues of compliance and to determine whether any Respondent is responsive, responsible, and qualified.

REQUEST FOR QUALIFICATIONS

POOL OF COMMISSIONING CONSULTANT SERVICES

RFQ # 546-10-06-26

RFQ RESPONSE SCHEDULE SUMMARY:

The District reserves the right to change the dates on the schedule without prior notice.

DATE EVENT TIME DEADLINE

October 8, 2026 Release and advertisement of RFQ #546-10-06-26.

October 29, 2026 Deadline for submission of written questions to District concerning RFQ #546-10-

06-26

2:00 p.m.

November 2, 2026 District’s response to questions

4:00 p.m.

November 5, 2026 Deadline for all SOQ submissions in response to RFQ #546-10-06-26

2:00 p.m.

December 3, 2026 Notification to selected Firm(s)

I. INTRODUCTION

The Fremont Unified School (“District”) is a public k-12 school district located in the City of Fremont, in Alameda County, California. Currently, the District operates a total of forty-two schools, which includes: twenty-nine elementary schools, five junior high schools, five comprehensive high schools, one continuation high school, one adult and continuing education school, and one regional occupational program.

The District is seeking Statements of Qualifications (“SOQ”) in response to this Request for Qualifications (“RFQ”) from experienced entities to provide comprehensive and professional Commissioning services for new construction, expansion, modernization, and/or renovation projects at any of the District’s forty-two schools.

Based upon the information presented in the Statements of Qualification, the District’s Selection Committee will choose the most highly qualified firms. The selected firms will be requested to respond to a Request for Proposals, at which time they will develop a detailed scope of services, proposed fee and schedule, and then participate in the interview process.

After the interviews, the Selection Committee will identify the firm/team that can provide the greatest overall benefit to the District. Additionally, a pool of qualified firms may be selected for future consideration to provide services for certain projects.

A complete response is required in order to be considered. Individuals or firms are required to comply with the California Labor Code prevailing wage requirements and the District’s insurance requirements. The District reserves the right to reject any and all submissions and seek additional responses if the number or quality of responses does not meet the stated criteria.

Any entity retained as a result of this RFQ and/or subsequent Request for Proposals shall be required to work in conjunction with all other technical consultants, the architect, and any program and/or construction manager (“Construction Manager”), if any, retained by the District for the Project, as well as other entities retained by the District.

A. LIMITATIONS AND DISTRICT RIGHT TO REJECT

The District reserves the right to contract with any entity responding to this RFQ. This RFQ is neither a formal request for bids, nor an offer by the District to contract with any party responding to this RFQ. This RFQ does not commit the District to select any firm and the District makes no representation that participation in the RFQ process will lead to an award of contract or any consideration whatsoever. The awarding of the Commissioning Consulting services contract(s), if at all, is at the sole discretion of the District.

The District shall in no event be responsible for the cost of preparing a response to this RFQ.

The District shall not be liable for any costs incurred in preparing and submitting responses to this RFQ. In no event will the District reimburse any respondent for any costs or expenses incurred in preparing and submitting responses to this RFQ.

The District, in its sole discretion, reserves the right to:

▪ Accept or reject any and all submittals, or any portion or combination thereof;

▪ Choose any combination of proposals;

▪ Interview any, all, or none of the respondents;

▪ Negotiate with any one or more respondents;

▪ Contract with any entity responding to this RFQ in whatever manner the District decides;

▪ Extend the deadline to submit a proposal;

▪ Amend or cancel in part or in its entirety this RFQ;

▪ Abandon the RFQ entirely;

▪ Make a selection on the basis of the total submittal;

▪ Waive any informality or non-substantive irregularity, not affected by law, as the interests of the District may require; and/or

▪ Evaluate each submittal, and award a contract, if any, according to the SOQ(s) which best serves the interest of the District at a reasonable cost to the District.

The Respondent’s SOQ, and any other supporting materials submitted to the District in response to this RFQ will not be returned and will become the property of the District unless portions of the materials are designated as proprietary at the time of submittal, and are specifically requested to be returned.

The District reserves the right to add additional firms for consideration after receipt of this RFQ if it is found to be in the best interest of the District. All decisions concerning firm selection will be made in the best interests of the District.

B. FULL OPPORTUNITY

The District hereby affirmatively ensures that Disadvantaged Business Enterprises (“DBE”), Small Local Business Enterprises (“SLBE”), Small Emerging Local Business Enterprises (“SELBE”), Disabled Veterans Business Enterprises (“DVBE”), and minority and women business enterprises shall be afforded full opportunity to submit SOQs in response to this RFQ and will not be discriminated against on the basis of race, color, gender, sexual orientation, political affiliation, age, ancestry, religion, marital status, national original, medical condition or disability in any consideration leading to the award of the contract. No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination in any consideration leading to the award of contract.

C. RESTRICTIONS ON LOBBYING AND CONTACTS

From the period beginning on the date of the issuance of this RFQ and ending on the date of the award of the contract, no person, or entity responding to this RFQ, nor any officer, employee, representative, agent, or consultant representing such a person or entity shall contact through any means or engage in any discussion regarding this RFQ, the evaluation or selection process or the award of the contract(s) with any member of the District’s Governing Board (“Board”), selection committee members, any member of the Citizens' Oversight Committee, or with any employee of the District except for clarifications and questions as described herein in Section XIII (Submission Guidelines) below. Any such contact shall be grounds for the disqualification of the firm submitting a SOQ.

D. POOL OF QUALIFIED APPLICATIONS AND RECERTIFICATION

The District will maintain a pool of qualified Commissioning Consulting services firms.

Requests for recertification may be sent every three (3) years. Firms that do not reply to the request for recertification may be deleted from the pool of prequalified firms, at the sole discretion of the District. Additional firms may be added to the pool, at the District’s sole discretion, as the District determines the need for additional services.

II. SCOPE OF REQUIRED SERVICES

Although the full scope of work shall be negotiated in the Professional Services Agreement, the Commissioning Agent will be expected to be capable of fulfilling, at a minimum the following:

The Commissioning Agent will assume the role of the Commissioning Agent and provide commissioning services as required to comply with Title 24 and or Collaborative for High Performing Schools “CHPS”. The Commissioning agent shall have knowledge of and apply the following if required:

o Fundamental and Enhanced Commissioning o LEED

Commissioning Agent shall be responsible for commissioning the following systems when applicable:

1. Electrical Systems

a. Lighting Systems, lighting fixtures and Lighting Controls (daylight, occupancy, timing switches)

b. On Site Renewable Solar Electric or Wind Systems

c. Electrical systems consisting of switchboards, automatic transfer switches, distribution panels,

2. Mechanical Systems

a. HVAC Systems including but not limited to rooftop ac units, chilled water plants, boiler/heating hot water systems, air handling systems.

b. Domestic Hot Water Systems

c. Energy Management Systems

d. Renewable Energy Heating Systems

3. Plumbing Systems

a. Flow Control Devices

b. Pumping Systems

c. Special Hazardous Waste Treatment Systems

d. Domestic Hot Water Systems

e. Graywater Systems

4. Water Reuse Systems

5. Landscape Irrigation Systems and Controls

6. Electric Power Metering Systems

7. Other Systems as directed

The Commissioning Agent “Scope of Services” will vary depending on the size and complexity of the project but may include the following tasks:

During Design

1. Assume the role of the commissioning agent.

2. Assist with the development of the Owner’s Project Requirements

3. Verify the Basis of Design documents in regards to the Owner’s Project

Requirements.

4. Conduct a Cx design review kick off meeting with design team and owner (Title 24 requirement)

5. Be involved in design workshops, design reviews, value engineering discussions as needed prior to the start of the construction documents phase of work.

6. Review the design prior to the Construction Documents phase. Provide comments in writing to the owner and A/E team.

7. Conduct a thorough commissioning design review of the Construction Documents at the end of the 90% CD design phase. Provide comments in writing to the owner and A/E team.

8. Develop and incorporate full commissioning specifications into the Construction Documents for all commissioned equipment. Coordinate this with the A/E team and integrate the commissioning specifications into the overall project specification package. The commissioning specification will include a detailed description of the responsibilities of all parties, 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 requirement including testing conditions and acceptance criteria for each piece of equipment being commissioned.

9. Develop and utilize a commissioning plan.

10. Document and complete the Title 24/CHPS commissioning requirements

During Construction

1. Conduct a pre-construction meeting where the commissioning process requirements are reviewed with the commissioning team.

2. Coordinate and direct commissioning activities in a logical and efficient manner using consistent protocols, frequently updated timelines, schedules and technical expertise.

3. Review all factory acceptance testing reports for compliance with the Owner’s Project Requirements and Basis of Design.

4. Perform site visits, as necessary, to observe component and system installations. Accomplish a statistical review of construction focusing on owner’s design intent and quality process.

5. Attend selected planning and job-site meetings to obtain information on construction progress. Assist in resolving any discrepancies.

6. Organize, conduct, and compose meeting minutes for commissioning team meetings necessary to plan, develop the scope, coordinate, schedule activities and resolve problems.

7. Review submittals and the appropriate RFIs concurrent with the design professional’s review.

8. Approve systems startup by reviewing startup reports and by selected site observation.

9. Verify functional performance testing (

10. Review trend data

11. Provide a deficiency list and coordinate retesting as necessary until satisfactory performance is achieved. Provide iterations of equipment operation and trend review, including updates to issues log, contractor response and retesting, and validation of successfully resolved issues.

12. Review testing and balancing plan and results.

13. Review the Operations and Maintenance Manuals that it meets Owner’s

Project Requirements and Basis of Design.

14. Participate in training of facility staff in accordance with the training plan

15. Complete the final Commissioning Report

During Occupancy

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

2. Return to the site one (1) month prior to the warranty expiration and after systems are built out and fully operating. Review current building trend data, operation and the condition of outstanding issues related to the original and seasonal commissioning. Interview facility staff and identify problems or concerns that they have with the operation of the building as originally intended. Make suggestion for improvements and record changes in the O&M manuals if necessary. Identify areas that may come under warranty or under the original construction contract.

III. MINIMUM REQUIREMENTS

Selected firm(s) must be able to execute the District’s standard agreement. (A Copy of the District’s Agreement for Professional Services is attached to this RFQ as Exhibit “A.”)

A. Indemnity. Firms responding to this RFQ must acknowledge that they have reviewed these provisions of the agreement and must agree to the indemnity provisions and professional liability insurance provisions contained in the District’s standard agreement and confirm in writing that, if given the opportunity to contract with the District, the firm has no substantive objections to the use of the District’s standard agreement.

B. Insurance. The District requires at least the following insurance coverage:

1. Commercial General Liability Insurance, including Bodily Injury, Personal Injury, Property Damage, Advertising Injury, and Medical Payments

a. Each Occurrence $1,000,000

b. General Aggregate $2,000,000

2. Automobile Liability Insurance

a. Each Occurrence $1,000,000

b. General Aggregate $2,000,000

3. Professional Liability $1,000,000

4. Workers Compensation Statutory Limits

5. Employer’s Liability $1,000,000

The successful consultant (“Consultant”) shall provide to the District certificate(s) of insurance and endorsements satisfactory to the District. Insurance policy(ies) shall not be amended or modified and coverage amounts shall not be reduced without thirty (30) days written notice to District prior to modification and/or cancellation.

Except for workers’ compensation and professional liability insurance, District and Vanir Construction Management, Inc. shall be named as an additional insured on all policies. Consultant’s policy(ies) shall be primary; any insurance carried by the

District shall only be secondary and supplemental. Consultant shall not allow any employee or agent to commence work on any contract or any subcontract until the insurance required of the Consultant, employee, or agent has been obtained.

IV. RELATIONSHIP TO OUTSIDE GOVERNMENTAL AGENCIES

Depending upon the scope of work, respondent may be required to assist the District in working with various outside governmental agencies, including but not limited to, the following as applicable: City or County Planning Commissions and Departments, the Department of Toxic Substance Control (“DTSC”), the regional air quality control district, the state and regional water quality control boards, the State Department of Education, the Division of the State Architect, the State Allocation Board, and the Office of Public School Construction. Respondent shall discuss its experience with each of these agencies.

V. CONFLICT OF INTEREST

Respondent shall certify that no official or employee of the District, nor any business entity in which an official of the District has an interest, has been employed or retained to solicit or assist in the procuring of the resulting contract, nor that any such person will be employed in the performance of any contract without immediate divulgence of this fact to the District.

VI. ASSIGNMENT

Any contract resulting from this RFQ and any amendments or supplements thereto shall not be assignable by the successful consultant either voluntarily or by operation of law without the written approval of the District.

VII. STATEMENT OF QUALIFICATIONS

A. SUMMARY OF REQUIRED QUALIFICATIONS

The Scope of Services includes full Commissioning Services to satisfy the requirements of California High Performing Schools (CHPS) and / or Title 24.

B. FORMAT REQUIREMENTS

Firms submitting SOQs in response to this RFQ must follow the format below. Material must be in 8-1/2 x 11 inch format, with a font no less than 11 point, and shall not exceed 24 (twenty four) pages, not including the Letter of Interest, table of contents, divider tabs, resumes, and fee schedules. Each SOQ shall include a Front Cover stating the following:

“Statement of Qualifications for [FIRM NAME] for Commissioning Services in Response to Fremont Unified School District’s RFQ # 546-10-06-26.”

Submittals are to be submitted in sealed packages with the name of the responding firm clearly marked on the outside of each package.

Each SOQ shall include a table of contents and divider tabs labeled with the boldface headers below (e.g. the first tab would be entitled “Letter of Interest”, the second tab entitled “Business Information”, etc.).

Provide five (5) bound copies, one (1) unbound copy, and one (1) electronic copy on CD or flash drive of their Submittal. The electronic copy will only be accepted in the following programs: Microsoft Office Suite or PDF.

Each submission package will be reviewed to determine its completeness prior to the actual evaluation. If a respondent does not respond to all categories requested, the respondent may be disqualified from further consideration.

C. SOQ CONTENT REQUIREMENTS

1. TAB 1 – LETTER OF INTEREST (maximum of 1 page)

▪ Provide a letter of introduction signed by an authorized officer of the firm. If the firm is a joint venture, duplicate the signature block and have a principal or officer also sign on behalf of each party to the joint venture.

▪ Firm name.

▪ Address, include any branch office address and point of contact.

▪ Telephone number.

▪ Facsimile number.

▪ E-Mail address.

▪ Identify team. [if applicable]

▪ Include a brief description of why your firm is well suited for, and can meet, the District’s needs.

▪ Clearly identify the individual(s) who are authorized to speak for the firm during the evaluation process.

▪ Summarize qualifications most relevant to this Project.

▪ Must include the following statement:

[INSERT FIRM’S NAME] received a copy of the District’s standardized form of Agreement for Professional Services (“Agreement”) attached as Exhibit “A” to the RFQ.

[INSERT FIRM’S NAME] has reviewed the indemnity provisions and professional liability insurance provisions contained in the Agreement. If given the opportunity to contract with the District, [INSERT FIRM’S NAME] has no objections to the use of the Agreement.”

Respondent shall certify that no official or employee of the District, nor any business entity in which an official of the District has an interest, has been employed or retained to solicit or assist in the procuring of the resulting contract(s), nor that any such person will be employed in the performance of any/all contract(s) without immediate divulgence of this fact to the District.

2. TAB 2 – BUSINESS INFORMATION (maximum 1 page plus certificates of insurances)

Respondent must provide the following information for itself and for any and all other firms with which it will joint venture or associate on this Project:

▪ Company name.

▪ Address.

▪ Telephone.

▪ Fax.

▪ Website.

▪ Name and email of main contact.

▪ Federal Tax I.D. Number.

▪ License or Registration Number.

▪ Type of organization/business structure (ownership, legal form, i.e. corporation, partnership, etc., and senior officials of company). If a joint venture, describe the division of responsibilities between participating companies, offices (location) that would be the primary participants, and percentage interest of each firm.

▪ Certificate(s) of Insurance identifying the firm’s current insurance coverages.

▪ A brief description and history of the firm, including number of years the firm has been in business and date firm was established under its given name.

▪ Number of professional employees and support staff (licensed professionals, technical support).

▪ Location of nearest branch office where the bulk of services solicited will be performed and number of professional employees located there.

▪ A fee schedule listing hourly rates for each staff category, including overtime rates, and listing all other charges to be billed under reimbursables.

▪ Any State of California certification for your firm of Small Business or Disabled Veteran Business Enterprise status.

▪ How sub-consultants are generally used by your firm and to what extent work is performed in-house versus by a sub-consultant.

▪ How sub-consultants will be utilized on the Program and/or project(s) within the Program and to what extent work will be performed in-house.

▪ Provide similar information for proposed sub-consultants.

3. TAB 3 – PROJECT APPROACH AND RELEVANT QUALIFICATIONS

(maximum 6 pages)

Respondent must state its qualifications for the anticipated scope of work and its experience with projects of comparable size and complexity

▪ Describe your firm’s approach to the commissioning process?

Indicate how your process differs for Title 24 vs. CHPS.

▪ Provide the following sample commissioning documents:

o Commissioning plan o Commissioning specification o Commissioning checklists and test forms

▪ Provide a statement of your work plan including your firm’s present workload and number of current projects. List the proposed Commissioning staff’s proximity to the District, as well as current and projected workload over the next (2) years.

4. TAB 4 - RELEVANT K12 PROJ. EXPERIENCE AND REFERENCES

(maximum 8 pages) Respondent shall provide any experience applicable to California public school projects including new construction, additions and renovations, and modernizations in the past ten (10) years.

Respondent shall provide a minimum of five (5) relevant references from past clients. References may be contacted to attest to the respondent’s ability to perform the described services.

▪ Provide list of K-12 projects completed in the past ten (10) years.

For each listed K-12 project, include the following:

Provide a list of the following for each project:

● School district, project name, DSA #.

● Type of Project: (new construction, addition, renovation or modernization).

● Project construction cost at DSA Final Certification.

● Brief description of main project elements (ex: science labs).

● Identify DSA close out and/ or certification status for each of the K12 projects; and

● Provide date of each project Notice of Completion and DSA final certification;

● Key individuals of the firm involved, and their roles in the project

● Identify any consultants that worked with your firm; and

● REFERENCES: Owner/ District name with name, title, current address, telephone number, and email address of contact person.

For projects that were not K-12 projects, briefly state relevance for each project included for consideration in this

RFQ.

5. TAB 5 – LITIGATION AND CLAIMS HISTORY (maximum 1 page)

▪ Provide a comprehensive five (5) year summary of the firm’s litigation, arbitration, and negotiated/settled history with previous clients. State the issues in the litigation, the status of the litigation, names of parties, and the outcome, if any.

▪ Provide a comprehensive five (5) year summary of any claims

(whether or not pursued through litigation) in which your firm has been involved. Provide details as to the parties involved, the scope and nature of the claim, the status of the claim, and the outcome of the claim, if any.

▪ A SOQ failing to provide this requested information on claims, lawsuits, and/or litigation, and responses which assert attorney-client privilege and fail to provide the information requested, will be considered non-responsive, disqualified from the selection process, and will not be evaluated.

6. TAB 6 – PROJECT TEAM SUMMARY (maximum 5 pages)

The selected firm shall employ, at its expense, professionals properly licensed and skilled in the execution of the functions required for the applicable services as described herein.

▪ Identify and provide resumes for key personnel and/or team members, including sub-consultants, and the roles to which they will be assigned. List dates of employment by your firm whether employed as an employee, independent contractor, sub-consultant, or otherwise, and office addresses for each of the identified personnel. Resumes shall include specific qualifications and recent related experience and shall include a list of references with contact names and phone numbers.

▪ For each of the identified personnel, state qualifications relevant to the services for which the SOQ is being submitted and the scope of the project, including responsibilities, titles, licenses, certifications, and clearly identify experience in school projects.

▪ Include current fee schedule per hour for each proposed firm members(s) and prospective sub-consultants, including overtime rates.

▪ Indicate which person will be the District’s single point of contact for the Project.

▪ If any work is to be provided by sub-consultants include a statement as to how this shall be organized, including identified roles and qualifications of sub-consultants, if any. Note: firm(s) selected for inclusion in the District’s pool of applicable consultants will be required to demonstrate long term relationships with any sub-consultants and submit resumes and recent project experience where the sub-consultant is utilized as part of any response to any subsequent Request for Qualifications for the Project(s).

▪ Each SOQ must include evidence that the firm is legally permitted and properly licensed for the scope of work for which the SOQ is submitted and to conduct business in the State of California.

▪ The District expects that the team shall remain intact through the duration of the Project(s). If a team member must leave, the District reserves the right to approve that team member’s replacement.

7. TAB 7 – FEES (maximum 1 page)

Although this RFQ is not a request for a specific proposal, the District requires each respondent to provide a fully burdened fee schedule for the types of service that you offer. Be thorough and specific as this will form the basis of any contract for services that may be presented by the District. Include typical staffing expectations, professional fee schedules, and a discussion of the total expected costs that the District could expect for specific projects.

▪ Provide detailed information on your billing practices (i.e. lump sum, other), including reimbursable cost categories and hourly billing rates by position for additional services.

▪ Provide your firm’s fully burdened hourly billing rates by position for additional services (proposed) and reimbursable schedule (proposed).

▪ Included within the fee proposal should be the identification of proposed reimbursables by category (i.e. offices, computers and peripherals, printers, fax machines, photocopy equipment, other as identified by proposing entity). Travel and related expenses shall be reimbursed in accordance with the federal government Joint Travel Regulation. All reimbursables will require receipts to be provided to the District.

8. TAB 8 – APPENDICES (maximum 1 page)

▪ Conflict of Interest Certification.

VIII. SELECTION CRITERIA

A Selection Committee will evaluate all submissions. Each SOQ must be complete.

Incomplete SOQs will be considered nonresponsive and grounds for disqualification. The District retains the sole discretion to determine issues of compliance and to determine whether a firm is responsive, responsible, and qualified. Based upon the information presented in the submissions, the District’s Selection Committee will choose the most highly qualified firms to be interviewed and then potentially selected to be part of the District’s pool.

A. EVALUATION

The SOQ will be reviewed for responsiveness and evaluated pursuant to the specific criteria set forth in this RFQ, including, without limitation:

1. Location of office and accessibility to the projects.

2. Reputation of the firm.

a. Satisfaction of previous clients (client relationships).

b. Timeliness of work and ability of the firm to meet schedules.

c. Accuracy of cost estimates.

d. Acceptable and verifiable professional references for relevant experience.

3. Current commitments and ability of firm to handle several simultaneous projects, including without limitation availability of staffing and the level of service and support for the Project(s), and availability of resources to meet anticipated schedule and Project requirements.

4. Capacity and commitment to provide services to client, including ability to respond to District’s requests in a timely and appropriate fashion; to inform District of all issues discovered on Project; and to work positively and cooperatively with District’s team.

5. Knowledge of applicable state and federal laws and regulations, the

American with Disabilities Act, and other applicable governmental requirements for K-12 schools.

6. Directly related work experience with California public schools will be highly ranked. This includes, without limitation the commissioning consultant services company’s experience and performance history with similar projects for California K-12 school districts, including successful experience with DSA, modernization and new construction projects, and completion of projects on time, including demonstrated ability to complete Project(s) in a tight time-frame.

7. Credentials, including without limitation experience, results, and professional and technical expertise, of specific employees assigned as members of the proposed team for the District.

8. Specialization as applicable.

9. The apparent success, value, and cost effectiveness of the firm’s past work.

10. Proposed fee schedule(s), fee requirements, and cost of services.

11. Overall responsiveness of the SOQ.

Location and accessibility to Projects 10% Firm’s Reputation

▪ Client relationships

▪ Timeliness

▪ Professional references

▪ 5%

▪ 5%

Current commitments and capacity; ability to handle several simultaneous projects; ability to work positively and cooperatively with District’s team;

and commitment to provide services to, and effectively communicate with, client.

10%

Approach to Commissioning Process 10% Directly related work experience with California public schools

▪ K-12

▪ Other

▪ 25%

Employee credentials 10% Fee schedule 15%

B. DISTRICT INVESTIGATIONS

The District may perform investigations of responding parties that extend beyond contacting the references identified in the SOQ. The District may request a firm to submit additional information pertinent to the review process.

The District also reserves the right to investigate and rely upon information from other available sources in addition to any documents or information submitted.

IX. SUBMISSION GUIDELINES

Each SOQ must conform and be responsive to the requirements set forth in this RFQ.

The District reserves the right to waive any informalities or irregularities in received Submittals. Further, the District reserves the right to reject any and all SOQs and to negotiate contract terms with one or more respondent firms for one or more of the work items.

X. ATTACHMENTS

Attachment “A” – Sample Commissioning Consultant Services Agreement

INDEPENDENT CONSULTANT AGREEMENT FOR

COMMISSIONING SERVICES

This Independent Consultant Agreement for ________________ Services (“Agreement”) is made and entered into as of the _____ day of , 202_ by and between the Fremont Unified School District, (“District”) and _________________________ (“Consultant”), (together, “Parties”).

WHEREAS, Public Contract Code section 20111, subdivision (d), provides that professional services, requiring specialized knowledge, training, or skill, are not subject to public bidding requirements; and

“WHEREAS, Government Code section 53060 authorizes the District to contract with any person(s) for the furnishing of special services and advice in financial, economic, accounting, engineering, legal or administrative matters through direct negotiation; and;

WHEREAS, District duly determined that it needs some or all of the services (collectively, “Services”) to be provided pursuant to this Agreement; and

WHEREAS, Consultant is specially trained, experienced, and competent to perform the

Services required by District, as needed on the basis set forth in this Agreement.

NOW, THEREFORE, the Parties agree as follows:

1. Services. Consultant shall provide ________________ services as further described in

Exhibit A, attached hereto and incorporated herein by this reference (“Services”).

2. Term. Consultant shall commence providing services under this Agreement on _______, 20__ and will diligently perform as required and complete performance by ___________, 20___(“Term”), unless this Agreement is terminated and/or otherwise cancelled prior to that time.

3. Submittal of Documents. Consultant shall not commence the Services under this

Agreement until Consultant has submitted and District has approved the documents, certificate(s) and affidavit(s), and endorsement(s) of insurance required as indicated below:

X Signed Agreement X Workers' Compensation Certification X Prevailing Wage Certification X Fingerprinting/Criminal Background Investigation Certification X Insurance Certificates and Endorsements X W-9 Form Other:

4. Compensation. District agrees to pay Consultant for services satisfactorily rendered pursuant to this Agreement a total fee not to exceed ______________________ Dollars ($ ________). District shall pay Consultant according to the following terms and conditions:

4.1. Payment for the Services shall be made for all undisputed amounts based upon the delivery of the work product as determined by District. Payment shall be made within thirty (30) days after Consultant submits an invoice to District for Services actually completed and after District’s written approval of the Services, or the portion of the Services for which payment is to be made. The schedule of deliverable Services is as follows:

4.1.1. ________________________________ ______________

4.1.2. ________________________________ ______________

4.1.3. ________________________________ ______________

4.1.4. ________________________________ ______________

4.1.5. ________________________________ ______________

4.2. The Services shall be performed at the hourly billing rates and/or unit prices included in Exhibit B. If hourly billing applies, the itemized invoice shall reflect the hours spent by Consultant in performing its Services pursuant to this Agreement.

4.3. If Consultant works at more than one site, Consultant shall invoice for each site separately.

5. Materials. Consultant shall furnish, at its own expense, all labor, materials, equipment, supplies and other items necessary to complete the services to be provided pursuant to this Agreement, except as follows:

5.1. ___________.

6. Expenses. District shall not be liable to Consultant for any costs or expenses paid or incurred by Consultant in performing services for District, except as follows:

6.1. __________.

7. Independent Contractor. Consultant represents and warrants that Consultant is an independent contractor or business entity that is: (i) free from the control and direction of District in connection with the performance of the Services, (ii) performing Services that are outside the usual course of District’s business, and (iii) customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the Services performed, District being interested only in the results obtained. Consultant understands and agrees that it and all of its employees shall not be considered officers, employees, agents, partner, or joint venture of District, and are not entitled to benefits of any kind or nature normally provided employees of District and/or to which District's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker's Compensation. Consultant shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Consultant's employees.

8. Certificates/Permits/Licenses/Registrations. Consultant and all Consultant's employees or agents shall secure and maintain in force such certificates, permits, licenses, and registrations as are required by law in connection with the furnishing of Services pursuant to this Agreement.

9. Performance of Services.

9.1. Standard of Care. Consultant represents that Consultant has the qualifications and ability to perform the Services in a professional manner, without the advice, control or supervision of District. Consultant's services will be performed, findings obtained, reports and recommendations prepared in accordance with generally and currently accepted principles and practices of its profession for services to California school districts.

9.2. Due Diligence. Consultant shall carefully study and compare all documents, findings, and other instructions and shall at once report to District, in writing, any error, inconsistency, or omission that Consultant or its employees may discover. Consultant shall have responsibility for discovery of errors, inconsistencies, or omissions.

9.3. Safety and Security. Consultant is responsible for maintaining safety in the performance of this Agreement. Consultant shall be responsible to ascertain from the District the rules and regulations pertaining to safety, security, and driving on school grounds, particularly when children are present.

9.4. Meetings. Consultant and District agree to participate in regular meetings on at least a monthly basis to discuss strategies, timetables, implementations of services, and any other issues deemed relevant to the operation of Consultant’s performance of Services.

9.5. District Approval. The Services completed herein must meet the approval of District and shall be subject to District’s general right of inspection and supervision to secure the satisfactory completion thereof.

9.6. District’s Evaluation of Consultant and Consultant’s Employees and/or

Subcontractors. District may evaluate Consultant in any way District is entitled pursuant to applicable law. District’s evaluation may include, without limitation:

9.6.1. Requesting that District employee(s) evaluate Consultant and Consultant’s employees and subcontractors and each of their performance.

9.6.2. Announced and unannounced observance of Consultant, Consultant’s employee(s), and/or subcontractor(s).

9.7. New Project Approval. Consultant and District recognize that Consultant’s Services may include working on various Projects for District. Consultant shall obtain the approval of District prior to the commencement of a new Project.

10. Originality of Services. Except as to standard generic details, Consultant agrees that all technologies, formulae, procedures, processes, methods, writings, ideas, dialogue, compositions, recordings, teleplays and video productions prepared for, written for, or submitted to District and/or used in connection with this Agreement, shall be wholly original to Consultant and shall not be copied in whole or in part from any other source, except that submitted to Consultant by District as a basis for such services.

11. Deliverables. Consultant understands and agrees that all matters produced under this

Agreement shall become the property of District and cannot be used without District's express written permission.

12. Audit. Consultant shall establish and maintain books, records, and systems of account, in accordance with generally accepted accounting principles, reflecting all business operations of Consultant transacted under this Agreement. Consultant shall retain these books, records, and systems of account during the Term of this Agreement and for five (5) years thereafter.

Consultant shall permit District, its agent, other representatives, or an independent auditor to audit, examine, and make excerpts, copies, and transcripts from all books and records, and to make audit(s) of all billing statements, invoices, records, and other data related to the Services covered by this Agreement. Audit(s) may be performed at any time, provided that District shall give reasonable prior notice to Consultant and shall conduct audit(s) during Consultant’s normal business hours, unless Consultant otherwise consents.

13. Disputes. In the event of a dispute between the parties as to performance of the Services, the interpretation of this Agreement, or payment or nonpayment for work performed or not performed, the parties shall attempt to resolve the dispute in good faith. Pending resolution of the dispute, Consultant agrees it will neither rescind the Agreement nor stop the performance of the Services but will allow determination by the court of the State of California, in the county in which District’s administration office is located, having competent jurisdiction of the dispute. Disputes may be determined by mediation if mutually agreeable, otherwise by litigation. Notice of the demand for mediation of a dispute shall be filed in writing with the other party to the Agreement. The demand for mediation shall be made within a reasonable time after written notice of the dispute has been provided to the other party, but in no case longer than ninety (90) days after initial written notice. If a claim, or any portion thereof, remains in dispute upon satisfaction of all applicable dispute resolution requirements, Consultant shall comply with all claims presentation requirements as provided in Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of Government Code as a condition precedent to Consultant’s right to bring a civil action against District. For purposes of those provisions, the running of the time within which a claim must be presented to District shall be tolled from the time Consultant submits its written claim until the time the claim is denied, including any time utilized by any applicable meet and confer process.

14. Attorney Fees/Costs. Should litigation be necessary to enforce any terms or provisions of this Agreement, then each party shall bear its own litigation and collection expenses, witness fees, court costs and attorney’s fees.

15. Termination.

15.1. For Convenience by District. District may, at any time, with or without reason, terminate this Agreement for its own convenience and compensate Consultant only for services satisfactorily rendered to the date of termination. Written notice by District shall be sufficient to stop further performance of services by Consultant. Notice shall be deemed given when received by Consultant or no later than three (3) days after the day of mailing, whichever is sooner.

15.2. With Cause by District. District may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include:

15.2.1. material violation of this Agreement by Consultant; or

15.2.2. any act by Consultant exposing District to liability to others for personal injury or property damage; or

15.2.3. Consultant is adjudged as bankrupt, Consultant makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Consultant's insolvency.

Written notice by District shall contain the reasons for such intention to terminate.

Unless within three (3) calendar days after that notice the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall upon the expiration of the three (3) calendar days cease and terminate. In the event of termination for cause, District may secure the required services from another Consultant. If expenses, fees, and/or costs to District exceed the cost of providing the service pursuant to this Agreement, Consultant shall immediately pay the excess expenses, fees, and/or costs to District upon the receipt of District’s notice of these expenses, fees, and/or costs. The foregoing provisions are in addition to and not a limitation of any other rights or remedies available to District.

15.3. Upon termination, Consultant shall provide the District with all documents produced, maintained or collected by Consultant pursuant to this Agreement, whether or not such documents are final or draft documents.

16. Indemnification.

16.1. To the furthest extent permitted by California law, Consultant shall indemnify and hold harmless District, its Governing Board, agents, representatives, officers, consultants, employees, trustees, and volunteers (the “Indemnified Parties”) from any and all claims arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant (“Claim”). Consultant shall, to the furthest extent permitted by California law, defend the Indemnified Parties at Consultant’s own expense, including attorneys’ fees and costs, from any and all Claim(s) and allegations relating thereto.

District shall have the right to accept or reject any legal representation that Consultant proposes to defend the Indemnified Parties.

16.2. Consultant shall pay and satisfy any judgment, award, or decree that may be rendered against the Indemnified Parties in any Claim, subject to section 14.1 above.

Consultant’s obligation pursuant to this Article includes reimbursing District for the cost of any settlement paid by the Indemnified Parties and for any and all fees and costs, including but not limited to legal fees and costs, expert witness fees, and consultant fees, incurred by the Indemnified Parties in the defense of any Claim(s) and to enforce the indemnity herein, subject to section 14.1 above. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds.

16.3. District may withhold any and all costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant from amounts owing to Consultant.

17. Insurance.

17.1. Coverage. Consultant shall procure and maintain at all times it performs any portion of the Services the following insurance with minimum limits equal to the amount indicated below.

Type of Coverage Minimum

Requirement Commercial General Liability Insurance, including Bodily Injury, Personal Injury, Property Damage, Advertising Injury, and Medical Payments

Each Occurrence General Aggregate

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

Automobile Liability Insurance - Any Auto Each Occurrence General Aggregate

$ 2,000,000

Professional Liability $ 1,000,000 Workers Compensation Statutory Limits Employer’s Liability, per accident for bodily injury or disease

17.1.1. Commercial General Liability and Automobile Liability Insurance.

Commercial General Liability Insurance and Any Auto Automobile Liability Insurance that shall protect Consultant, District, and the State from all claims of bodily injury, property damage, personal injury, death, advertising injury, and medical payments arising performing any portion of the Services. (Form CG 0001 and CA 0001, or forms substantially similar, if approved by District.)

17.1.2. Workers’ Compensation and Employer’s Liability Insurance. Workers’

Compensation Insurance and Employer’s Liability Insurance for all of its employees performing any portion of the Services. In accordance with provisions of section 3700 of the California Labor Code, Consultant shall be required to secure workers’ compensation coverage for its employees. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of District for all work performed by Consultant, its employees, agents and subcontractors. If any class of employee or employees engaged in performing any portion of the Services under this Agreement are not protected under the Workers’ Compensation Statute, adequate insurance coverage for the protection of any employee(s) not otherwise protected must be obtained before any of those employee(s) commence performing any portion of the Services.

17.1.3. Professional Liability (Errors and…