MIDD-026-001 - Middletown Public Library CMR RFP.pdf

4834-9195-5952, v. 1

TOWN OF MIDDLETOWN, RHODE ISLAND

REQUEST FOR PROPOSALS

MIDD-026-001

Item Description: Construction Manager at Risk (CMR) for the Middletown Public

Library, 110 Enterprise Center, Middletown, RI 02842

Date to be opened: July 30, 2025

Issuing Department: Middletown Public Library

QUESTIONS

• Please direct questions relative to the bidding process, how to fill out forms, and how to submit a bid (Pages 1-8) to Financial Director Marc Tanguay.

o Phone: (401) 842-6500 Ext 1064 o Email: mtanguay@middletownri.gov

➢ Please use the subject line “RFP Question”

➢ Please use subject line “MBE WBE Forms”

Please direct questions relative to the specifications outlined (beginning on page 14) to the issuing department’s subject matter experts: Marc Tanguay, Financial Director mtanguay@middletownri.gov, Joseph DeSanti, Program Director, Downes Construction, Owners Project Representative jdesanti@downesco.com & Jay Edwards, Project Manager, Downes Construction jedwards@downesco.com. Questions must be submitted in writing and answers will be issued as an addendum by the end of the day of July 25, 2025

Mandatory Pre-Bid Conference

Interested bidders are invited to attend a mandatory pre-bid meeting to learn more about the scope of work, the included projects, and the Town’s needs and expectations.

Date: July 16, 2025 Time: 10 AM - 11 AM

Location: Middletown Public Library –110 Enterprise Center, Middletown, RI 02842 mailto:mtanguay@middletownri.gov mailto:mtanguay@middletownri.gov mailto:jdesanti@downesco.com mailto:jedwards@downesco.com

INSTRUCTIONS FOR SUBMISSION

Bids may be submitted up to 2:00 P.M. on the above meeting date at the Finance Department Town Hall, 350 East Main Road, Middletown, RI 02842. Shortly thereafter 2:00 P.M. all bids will be publicly opened and read at the in the Town Council Chambers, on the 1st floor of Town Hall.

• The Proposer shall submit their completed response in HARD COPY (1 original, 5 copies) format plus a single PDF file on thumb drive. Item Description and the Town Department to which the RFP and bid are related and must include the company name and address on the envelope (On page 1).

• If required by the Department, please keep the original bid bond and check in only one of the envelopes.

• Communications to the Town that are not competitive sealed bids (i.e., product information/samples) should have “NOT A BID” written on the envelope or wrapper.

• Only use form versions and templates included in this RFP. If you have an old version of a form, do not recycle it for use in this bid.

• The bid envelope and information relative to the bid must be addressed to:

Finance Department – Town Hall

350 East Main Road, Middletown, RI 02842

**PLEASE NOTE: This bid may include details regarding information that you will need to provide

(such as proof of licenses) to the issuing department before the formalization of an award.

This information is NOT requested to be provided in your initial bid by design.

All bids submitted to the Finance Director become public record.

BID PACKAGE CHECKLIST

Digital forms are available on online at https://www.bidnetdirect.com/rhode-island/middletownri The bid package MUST include the following, in this order:

• Bid Form 1: Bidder's Blank as the cover page/ 1st page (see page 6 of this document)

• Bid Form 2: Certification of Bidder as 2nd page (see page 7 of this document)

• Bid Form 3: Certificate Regarding Public Records (see page 8 of this document)

• Forms from the Minority and Women Business Enterprise Program:

• Based on Bidder Category. See forms and instructions enclosed (pages 9-13) *Please note: MBE/WBE forms must be completed for EVERY bid submitted and must be inclusive of ALL required signatures. Forms without all required signatures will be considered incomplete.

• Bidder’s Proposal/Packet: Formal response to the specifications outlined in this RFP, including pricing information and details related to the good(s) or service(s) being provided. Please be mindful of formatting responses as requested to ensure clarity.

• Financial Assurance, if requested (as indicated on page 5 of this document under “Bid Terms”)

All of the above listed documents are REQUIRED. (With the exception of financial assurances, which are only required if specified on page 5.)

***Failure to meet specified deadlines, follow specific submission instructions, or enclose all required documents with all applicable signatures will result in disqualification, or in an inability to appropriately evaluate bids.

https://www.bidnetdirect.com/rhode-island/middletownri

NOTICE TO VENDORS

1. The Town of Middletown will make the award to the responsible offeror whose proposal is determined, in writing, to be the most advantageous to the Town taking into consideration price and the evaluation factors stated in the request for proposals l.

2. In determining the most advantageous proposer, cash discounts based on preferable payment terms will not be considered.

3. Where prices are the same, the Town of Middletown reserves the right to award to one bidder, or to split the award.

4. No proposal will be accepted if the bid is made in collusion with any other bidder.

5. Bids may be submitted on an “equal in quality” basis. The Town reserves the right to decide equality.

Bidders must indicate brand or the make being offered and submit detailed specifications if other than brand requested.

6. A bidder who is an out-of-state corporation shall qualify or register to transact business in this State, in accordance with the Rhode Island Business Corporation Act, RIGL Sec. 7-1.2-1401, et seq.

7. The Town of Middletown reserves the right to reject any and all bids.

8. Competing bids may be viewed in person at the Department of the Clerk, Town Hall, Middletown, RI immediately upon the conclusion of the meeting during which the bids were unsealed/opened. Bids may also be accessed electronically on the internet via the Town’s Open Meetings Portal.

9. As the Town of Middletown is exempt from the payment of Federal Excise Taxes and Rhode Island Sales Tax, prices quoted are not to include these taxes.

10. In case of error in the extension of prices quoted, the unit price will govern.

11. The contractor will NOT be permitted to: a) assign or underlet the contract, or b) assign either legally or equitably any monies or any claim thereto without the previous written consent of the Town Purchasing Director.

12. Delivery dates must be shown in the bid. If no delivery date is specified, it will be assumed that an immediate delivery from stock will be made.

13. A certificate of insurance will be required of a successful vendor.

14. For many contracts involving construction, alteration and/or repair work, State law provisions concerning payment of prevailing wage rates apply (RIGL Sec. 37-13-1 et seq.)

15. No goods should be delivered or work started without a Purchase Order.

16. Bidder must certify that it does not unlawfully discriminate on the basis of race, color, national origin, gender, gender identity or expression, sexual orientation and/or religion in its business and hiring practices and that all of its employees are lawfully employed under all applicable federal, state and local laws, rules and regulations. (See Bid Form 2.)

17. Payment Terms are Net 30 upon receipt and approval of invoice.

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BID TERMS

1. Financial assurances may be required in order to be a successful bidder for Commodity or Construction and Service contracts. If either of the first two checkboxes below is checked, the specified assurance must accompany a bid, or the bid will not be considered. The third checkbox indicates the lowest responsible bidder will be contacted and required to post a bond to be awarded the contract.

a) A certified check for $ must be deposited with the Town Finance Director as a guarantee that the Contract will be signed and delivered by the bidder.

b) A bid bond in the amount of 5 per centum (%) of the proposed total price, must be deposited with the Town Finance Director as a guarantee that the contract will be signed and delivered by the bidder; and the amount of such bid bond shall be retained for the use of the Town as liquidated damages in case of default.

c) A performance and payment bond with a satisfactory surety company will be posted by the bidder in a sum equal to one hundred per centum (100%) of the awarded contract.

d) No financial assurance is necessary for this item.

2. Awards will be made within sixty (60) days of bid opening. All bid prices will be considered firm, unless qualified otherwise. Requests for price increases will not be honored.

3. Failure to deliver within the time quoted or failure to meet specifications may result in default in accordance with the general specifications. It is agreed that deliveries and/or completion are subject to strikes, lockouts, accidents and Acts of God.

The following entry applies only for COMMODITY BID TERMS:

4. Payment for partial delivery will not be allowed except when provided for in blanket or term contracts.

The following entries apply only for CONSTRUCTION AND SERVICE BID TERMS:

5. Only one shipping charge will be applied in the event of partial deliveries for blanket or term contracts.

6. Prior to commencing performance under the contract, the successful bidder shall attest to compliance with the provisions of the Rhode Island Worker’s Compensation Act, RIGL 28-29-1, et seq. If exempt from compliance, the successful bidder shall submit a sworn Affidavit by a corporate officer to that effect, which shall accompany the signed contract.

7. Prior to commencing performance under the contract, the successful bidder shall, submit a certificate of insurance, in a form and in an amount satisfactory to the Town.

BID FORM 1: Bidders Blank

1. Bids must meet the attached specifications. Any exceptions or modifications must be noted and fully explained.

2. Bidder’s responses must be in ink or typewritten, and all blanks on the bid form should be completed.

3. The price or prices proposed should be stated both in WRITING and in FIGURES, and any proposal not so stated may be rejected. Contracts exceeding twelve months must specify annual costs for each year.

4. Bids SHOULD BE TOTALED so that the final cost is clearly stated (unless submitting a unit price bid), however each item should be priced individually. Do not group items. Awards may be made, in part, on the basis of total bid or by individual items (although all other criteria set forth in this request will also be considered).

5. All bids MUST BE SIGNED IN INK.

Name of Bidder (Firm or Individual):

Contact Name:

Business Address:

Business Phone #:

Contact Email Address:

Agrees to bid on (Items(s) to be bid):

If the bidder’s company is based in a state other than Rhode Island, list name and contact information for a local agent for service of process that is located within Rhode Island

Please visit http://www.naics.com/search/ and identify the NAICS Code(s) for items being bid on. Enter the NAICS code(s) here or in parentheses next to each item listed immediately above:

Delivery Date (if applicable):

Total Amount in Writing*:

Total Amount in Figures*:

* Submit a separate sheet identifying your “Unit Price Bid” CONTENTS OF FEE PROPOSAL (separate sealed envelope)

The CMR control budget for construction is $5.0 million.

Respondents shall state the following on letterhead:

1. CMR OH&P (fee) expressed as a percentage;

2. CMR preconstruction fee expressed as a lump sum cost

3. CMR General Conditions (staffing) expressed as an estimated monthly cost

4. CMR General Requirements expressed as a lump sum cost

4. The CMR team’s estimated duration of design and construction expressed in months.

Use additional pages, if necessary, for additional bidding details.

Signature of Authorized Representative

Title http://www.naics.com/search/ http://www.naics.com/search/ http://www.naics.com/search/ http://www.naics.com/search/ http://www.naics.com/search/ http://www.naics.com/search/ http://www.naics.com/search/ http://www.naics.com/search/

BID FORM 2: Certification of Bidder

(Non-Discrimination/Hiring)

Upon behalf of (Firm or Individual Bidding), I, (Name of Person Making Certification), being its (Title or “Self”), hereby certify that:

1. Bidder does not unlawfully discriminate on the basis of race, color, national origin, gender, sexual orientation and/or religion in its business and hiring practices.

2. All of Bidder’s employees have been hired in compliance with all applicable federal, state and local laws, rules and regulations.

I affirm by signing below that I am duly authorized on behalf of Bidder, on this day of 20 .

Signature of Representation

Printed Name

BID FORM 3: Certificate Regarding Public Records

Upon behalf of (Firm or Individual Bidding), I, (Name of Person Making Certification), being its (Title or “Self”), hereby certify an understanding that:

1. All bids submitted in response to Requests for Proposals (RFP’s) and Requests for Qualification

(RFQ’s), documents contained within, and the details outlined on those documents become public record upon receipt by the Finance Director’s office and opening at the corresponding Town

Council meeting.

2. The Purchasing Department and the issuing department for this RFP/RFQ have made a conscious effort to request that sensitive/personal information be submitted directly to the issuing department and only at request if verification of specific details is critical the evaluation of a vendor’s bid.

3. The requested supplemental information may be crucial to evaluating bids. Failure to provide such details may result in disqualification, or an inability to appropriately evaluate bids.

4. If sensitive information that has not been requested is enclosed or if a bidder opts to enclose the defined supplemental information prior to the issuing department’s request in the bidding packet submitted to the Finance Director, the Town of Middletown has no obligation to redact those details and bears no liability associated with the information becoming public record.

5. The Town of Middletown observes a public and transparent bidding process. Information required in the bidding packet may not be submitted directly to the issuing department at the discretion of the bidder in order to protect other information, such as pricing terms, from becoming public.

Bidders who make such an attempt will be disqualified.

I affirm by signing below that I am duly authorized on behalf of Bidder, on this day of 20 .

Signature of Representation

Printed Name

WBE/MBE Form Instructions

The Town of Middletown actively seeks Minority and Women business enterprises to participate in bids to meet the State’s procurement needs. Pursuant to Rhode Island General Laws (as amended), Chapter 31-14, et seq. (Minority Business Enterprise), Minority Business Enterprise (MBE) and Women’s Business Enterprise (WBE) participation goals apply to contracts.

The goal for Minority Business Enterprise (MBE) participation is 10% of the total bid value.

The goal for Women’s Business Enterprise (WBE) participation is 10% of the total bid value.

The goal for combined MBE/WBE participation is 20% of the total bid value.

Only businesses certified with the State of Rhode Island as minority and/or women business enterprises are counted towards the

Town’s goals. Eligible minority- or women-owned businesses are encouraged to seek certification from the State of Rhode Island

Minority Business Enterprise Compliance Office at: http://odeo.ri.gov/offices/mbeco/

Bidders shall certify that the WBE/MBE requirement will be achieved at the time of procurement of the subcontractor/vendor trades.

Bid Requirements:

All Bidders: All bidders must complete and submit the MBE/WBE Participation Affidavit indicating whether or not they are a state certified MBE/WBE and acknowledging the Town’s participation goals. Submission of this form is required with every bid. Your bid will not be accepted without an affidavit.

Bidders who will be subcontracting: Bidders who will be subcontracting must submit the Subcontractor Disclosure Form as part of their bid submission. All subcontractors, regardless of MBE/WBE status, must be listed on this form. Business NAICS codes can be found at https://www.naics.com/search/. Awarded bidders are required to submit Subcontractor Utilization and Payment Reports with each invoice.

Waiver Requests:

If the percentage of the total amount of the bid being awarded to MBE or WBE vendors is less than 20% (Box F on the Subcontractor

Disclosure Form) and the prime contractor is not a Rhode Island State-certified MBE or WBE, the Bidder must complete the

MBE/WBE Waiver Request Form for review. Waivers will be considered on a case by case basis.

No waiver will be granted unless the waiver request includes documentation that demonstrates that the Bidder has made good faith efforts to achieve the Town’s stated participation goals.

Verifying MBE/WBE Certification

It is the responsibility of the bidder to confirm that every MBE/WBE named in a proposal and included in a contract is certified by the

Rhode Island Minority Business Enterprise Compliance office. The current MBE/WBE directory is available at the State of RI MBE

Office, One Capitol Hill, 2nd Floor, Providence, RI, or online at http://odeo.ri.gov/offices/mbeco/mbe-wbe.php. You can also call

(401) 574-8670 to verify certification, expiration dates, and services that the MBE/WBE is certified to provide.

http://odeo.ri.gov/offices/mbeco/ https://www.naics.com/search/ https://www.naics.com/search/ http://odeo.ri.gov/offices/mbeco/mbe-wbe.php http://odeo.ri.gov/offices/mbeco/mbe-wbe.php http://odeo.ri.gov/offices/mbeco/mbe-wbe.php

Form Instructions:

Access all bid forms from http://odeo.ri.gov/offices/mbeco/mbe-wbe.php Download the forms as blank PDFs. Once saved on your computer, fill them out using the Adobe program. The fillable PDFs must be completed in Adobe in order to be saved property.

Google Chrome and similar platforms do not allow for the forms to be saved as filled PDFs. Therefore, please download the blank forms to your computer, then fill them out and save.

Contract Requirements:

Prime contractors engaging subcontractors must submit the Subcontractor Utilization and Payment Report to the Town’s

Department’s Fiscal Agent with every invoice and with request for final payment. This form is not submitted as a part of the initial bid package.

For contracts with duration of less than 3 months, this form must be submitted along with the contractor's request for final payment.

The form must include all subcontractors utilized on the contract, both MBE/WBE and non- MBE/WBE, and the total amount paid to each subcontractor for the given period and to date. During the term of the contract, any unjustified failure to comply with the

MBE/WBE participation requirements is a material breach of contract.

http://odeo.ri.gov/offices/mbeco/mbe-wbe.php

MBE/WBE PARTICIPATION AFFIDAVIT

Item Discussion (as seen on RFP):

Prime Bidder:

Prime Bidder (Company) Phone Number:

Prime Bidder (Company) Zip Code:

Which one of the following describes your business’ status in terms of Minority and/or Woman-Owned Business

Enterprise certification with the State of Rhode Island? MBE WBE Neither MBE nor

WBE

By initialing the following sections and signing the bottom of this document in my capacity as the contractor or an authorized representative of contractor, I make this Affidavit:

It is the policy of the Town of Middletown that minority business enterprises (MBEs) and women business enterprises (WBEs) should have the maximum opportunity to participate in procurements and projects as prime contractors and vendors. Pursuant to Chapter 31-14 et seq. of the Rhode Island General Laws (as amended), MBE and WBE participation goals apply to contracts. The goal for Minority Business Enterprise (MBE) participation is 10% of the total bid value. The goal for

Women’s Business Enterprise (WBE) participation is 10% of the total bid value. The goal for combined MBE/WBE participation is 20% of the total bid value.

I acknowledge the Town of Middletown’s goals of supporting MBE/WBE certified businesses. Initial

If awarded the contract, I understand that my company must submit to the Minority and Women’s Business Coordinator at the Town of Middletown, copies of all executed agreements with the subcontractor(s) being utilized to achieve the participation goals and other requirements of the RI General Laws. I understand that these documents must be submitted prior to the issuance of a notice to proceed. Initial

I understand that, if awarded the contract, my firm must submit to the MBE/WBE Office canceled checks and reports required by the MBE/WBE Office on a quarterly basis verifying payments to the subcontractors(s) utilized on the contract. Initial

If I am awarded this contract and find that I am unable to utilize the subcontractor(s) identified in my submission materials I understand that I must substitute another certified MBE and WBE firm(s) to meet the participation goals. I understand that

I may not make a substitution until I have obtained the written approval of the MBE/WBE Office. Initial

If awarded this contract, I understand that authorized representatives of the Town of Middletown may examine the books, records, and files of my firm from time to time, to the extent that such material is relevant to a determination of whether my firm is complying with the Town’s MBE/WBE participation requirements.

Initial

I do solemnly declare and affirm under the penalty of perjury that the contents of the foregoing Affidavit are true and correct to the best of my knowledge, information and belief.

Signature of Bidder Printed Name

Company Name Date

SUBCONTRACTOR DISCLOSURE FORM

Fill out this form only if you WILL SUBCONTRACT with other parties. If you will not subcontract any portion of the proposed bid, do not fill out this form.

Prime Bidder: Primary NAICS

Code:

Item Description (as seen on RFP):

Please list all Subcontractors below. Include the total dollar value that you propose to share with each subcontractor and the dollar amount to be subcontracted. Please check off MBE and WBE where applicable. The directory of all state-certified MBE/WBE firms is located at www.mbe.ri.gov. Business NAICS codes can be found at https://www.naics.com/search/

Proposed Subcontractor MBE WBE Primary

NAICS

Code

Date of

Mobilization

$ Value of Subcontract

A. MBE SUBCONTRACTED AMOUNT: $

B. WBE SUBCONTRACTED AMOUNT: $

C. NON-MBE WBE SUBCONTRACTED AMOUNT: $

D. DOLLAR AMOUNT OF WORK DONE BY THE PRIME CONTRACTOR: $

E. TOTAL AMOUNT OF BID (SUM OF A, B, C, & D): $

F. PERCENTAGE OF BID SUBCONTRACTED TO MBEs AND WBEs.

(Divide the sum of A and B by E and multiply result by 100).

Please read and initial the following statement acknowledging you understand. If the percentage of the total amount of the bid being awarded to MBE or WBE vendors is less than 20% (Box F) and the prime contractor is NOT a Rhode Island State-certified MBE or WBE, you must fill out the

MBE/WBE WAIVER REQUEST FORM for consideration by Town of Middletown MBE/WBE Outreach Director. Initial

Signature of Bidder Printed Name http://www.mbe.ri.gov/ https://www.naics.com/search/

MBE/WBE Waiver Request Form

Fill out this form only if you are subcontracting and did not meet the 20% MBE/WBE participation goal.

State-certified MBE or WBE Prime Bidders are NOT REQUIRED to fill out this form.

Submit this form to the State of RI MBE/WBE Outreach Director for review prior to bid submission. This waiver applies only to the current bid which you are submitting to the Town of Middletown and does not apply to other bids your company may submit in the future.

Prime Bidder:

Company Trade:

Item Discussion (as seen on RFP):

To receive a waiver, you must list the certified MBE and/or WBE companies you contacted, the name of the primary individual with whom you interacted, and the reason the MBE/WBE company could not participate on this project.

MBE/WBE Company Name Individual’s Name Company Trade Why did you choose not to work with this company?

I acknowledge the State of RI’s goal of a combined MBE/WBE participation is 20% of the total bid value. I am requesting a waiver of % MBE/WBE (20% minus the value of Box F on the Subcontractor Disclosure Form). If an opportunity is identified to subcontract any task associated with the fulfillment of this contract, a good faith effort will be made to select MBE/WBE certified businesses as partners.

Signature of Prime Contractor Printed Name Date Signed

Signature of State of RI MBE/WBE

Outreach Director

Printed Name of State of RI MBE/WBE

Outreach Director

Date Signed

BID PACKAGE SPECIFICATIONS

Introduction

The Middletown Public Library is relocating to a 29,952-square-foot building at 110 Enterprise Center. The property requires minimal renovations, offers ample parking, and enhances accessibility for patrons. The new facility will feature expanded spaces for teens, meetings, and study rooms, improving library services for the community.

RFP MILESTONE DATES

Solicitation Released July 7, 2025

Mandatory Pre-Bid Meeting July 16, 2025@ 10:00 AM

Questions due July 23, 2025@ 2:00 PM

Addendum July 25, 2025 by end of the day

Bids Due July 30, 2025@ 2:00 PM

SCOPE OF SERVICES

The Town is requesting proposals using the scope of work outlined in the bid solicitation documents (included herein) for

Construction Manager at Risk services to facilitate the construction of an interior renovation of the Middletown Public Library at

110 Enterprise Center, Middletown, RI 02842.

• By performing all necessary or advisable preconstruction and construction work, complete the Project and assist the Town of Middletown, Middletown Public Library Committee, and the Owners Project Manager (Downes) and their consultants as required to obtain substantial completion of the new Middletown Public Library project by June 30, 2026.

• The Proposal will be administered to enable the fast-track construction of the project including early procurement of subcontractors and materials.

• The basis of the proposal is the submission of the STATEMENTS OF QUALIFICATION and separate Order of

Magnitude FEE PROPOSALS from Construction Manager at Risk.

• The Statements of Qualifications and Fee Proposals will be evaluated as delineated herein and the highest rated of those firms that have met the criteria as established by the prescribed process, cost and all other factors considered, may be invited to a personal interview.

• It is critical to know that this Project will include the following criteria at the appropriate period of the process, all of which shall fully comply with all rules, regulations and laws:

o All work will be in accordance with the Rhode Island School Building Authority deadlines and conform with RIDE

School Construction Regulations.

o Prevailing Wage Rates and all Applicable Standards shall apply.

o Provide the NAME OF EACH COMPANY and COMPANY STRUCTURE comprising the Team, including Sub- Contractors and any proposed MBE and WBE Firms, identifying the indicated role of each participant included in the RFP response. Include the identity of the Primary Constructor/Contractor and the Primary/Design Team (Designer), which shall be responsible for guaranteeing the delivery of the PROJECT on time and within the Guaranteed Maximum Cost in accordance with the contract provisions.

o Provide the name, title, address, telephone and facsimile numbers, and electronic mail address of the D/B Team PRINCIPAL CONTACT(S). The D/B Team principal contact(s) must remain constant throughout the life of the

PROJECT.

o Identify the team members who will undertake financial responsibility for the Project and describe any liability limitations. If the CMR Team is a Joint Venture, Limited Liability Company, Corporation or partnership, describe the bonding approach that will be used and the members of such organizations who will have joint and several liabilities for the performance of the work required for the Project. If the CMR Team is a limited liability company, joint venture, corporation or any form of partnership, provide complete copies of the organizational documents that allow, or would allow by the time of contract award, the Respondent to do business in the State of Rhode

Island.

o Firms, entities, joint ventures, and other business associations participating in this project shall have been incorporated or otherwise legally established as a business in the State of Rhode Island.

o The Construction Manager at Risk will install the infrastructure, power requirements and coordinate MEP systems for the owner-furnished FF&E and technology equipment for the new Middletown Public Library.

• Project Specific Scope of work; included but not limited to:

o Construction of a new 29,529 sf, interior renovations of a Public Library. The Town may occupy 3500-5000 sf of the space for its o Demolition o Sitework, site improvements and landscaping o Structural systems; foundations, building structures, etc.

o Building envelope systems o MEP systems, including fire alarm o Security systems o Interior finishes o Furnishings o Furniture and Technology o Reviews with the Middletown Building and Fire Departments and procurement of permits o Develop project budget(s); provide control budget and estimates at schematic design, design development and construction documents o Provide Guaranteed Maximum Price (GMP) at issuance of construction documents or earlier o Preconstruction services to additionally include identifying and procurement of long lead items and the early procurement of selected trades o Assist design team in the development of logistics planning, constructability, early procurement, identification of supply chain issues and budgeting/value engineering o The Town of Middletown waives the building permit fees; the State ADA fee is the responsibility of the CM

CURRENT STATUS

The Town of Middletown has procured the services of Oudens Ello Architecture, LLC to design a new Middletown Public Library.

The project is currently starting the schematic design stage. The objective is for the CMR to provide support throughout the remaining design process.

FORM OF AGREEMENT

The Town of Middletown, Rhode Island will award the project under a “Standard form of Agreement between Owner and

Construction Manager as Constructor” contract as prescribed in AIA Document A133-2019 and as will be modified by the Owner.

This contract, along with the general specifications referenced herein, will be issued by way of an addendum to this RFP.

SUBMISSION REQUIREMENTS

• Letter of Transmittal: A Letter of Transmittal must accompany each response signed by an owner, officer, or other authorized agent of the CMR Team. The Letter of Transmittal must acknowledge that the respondent has fully reviewed, understands and agrees to all provisions of this RFP, and must further state that: (i) all information submitted with the response is true, accurate, and is not misleading; (ii) no material information has been omitted; (iii) the response is provided fairly and without collusion or fraud; and (iv) the respondent will, if selected, perform the scope of work and all other services as set forth in this RFP.

• Statement of Qualifications

• Fee Proposal

• Other required information as detailed herein

• The Proposer shall submit their completed response in HARD COPY (1 original, 3 copies) format plus a single

PDF file on thumb drive.

CONTENTS OF STATEMENTS OF QUALIFICATIONS

• General

• Provide the NAME OF EACH COMPANY and COMPANY STRUCTURE comprising the Design Build Team including Sub-Consultants and any proposed MBE and WBE Firms, identifying the indicated role of each participant included in the RFP response. Include the identity of the Primary Design Team (Designer), who shall be responsible for guaranteeing the delivery of the PROJECT on time and within the Guaranteed Maximum Cost in accordance with the contract provisions.

• Provide the name, title, address, telephone and facsimile numbers, and electronic mail address of the

Construction Management Team PRINCIPAL CONTACT(S). The Construction Management Team principal contact(s) must remain constant throughout the life of the PROJECT.

Town of Middletown must be informed of any changes in personnel at any time during the contract term. The Town of

Middletown reserves the right to reject personnel and/or if in the event key personnel are no longer available, the Town of

Middletown reserves the right to terminate the agreement.

Identify the team members who will undertake financial responsibility for the Project and describe any liability limitations.

If the Construction Management Team is a limited liability company, joint venture, corporation or any form of partnership, provide complete copies of the organizational documents that allow, or would allow by the time of contract award, the

Respondent to do business in the State of Rhode.

• Give names and detailed addresses of all affiliated and/or subsidiary companies. Indicate which companies are subsidiaries.

If a situation arises in responding to this questionnaire where you are unsure whether another firm is or is not an affiliate, doubt should be resolved in favor of affiliation and the firm should be listed accordingly. An affiliate shall be considered as any business entity which is closely associated with another business entity so that one entity controls or has power to control the other entity either directly or indirectly; or, when a third party has the power to control or controls both; or where one business entity has been so closely allied with another business entity through an established course of dealings, including but not limited to the lending of financial wherewithal, engaging in Joint Ventures, etc. as to cause a public perception that the two firms are one entity. Firms which are owned by a holding company or a third party, but otherwise meet the above conditions and do not have interlocking directorships or joint officers serving, are not considered to be affiliates.

• If a CMR Team has no affiliated and/or subsidiary companies other than the Respondent’s legal business entity, the

Respondent should include a statement in the submittal indicating the same.

• Provide a description of EACH Construction Management team Member’s experience and qualifications, particularly with respect to:

1. Library Facility Construction

2. Related work with a particular focus on the ability to deliver such projects on time and on budget. Identify and describe all relevant projects with a construction value of a minimum of $5 million completed by EACH company in the past TEN (10) YEARS which demonstrates adequate experience in Construction team projects and in public library construction, including project safety on library construction projects, similar in scope and/or complexity to the PROJECT defined herein.

• Respondent should provide relevant and verifiable evidence of good performance or lessons learned from previous experience and give convincing ways in which lessons learned or past good performance will be used for the benefit of the PROJECT defined herein.

• With respect to EACH project identified, include the following information: project name and contract number;

owner's name, address, principal contact, and current phone and e-mail addresses; dates of design and/or construction; project description; description of work and percentage actually performed by each company; and the initial bid price and final contract price (including the number and value of contract modifications and claims) and an explanation regarding the causes (whether upward or downward) of contract value adjustments.

• Provide an organizational chart identifying companies responsible for major functions to be performed in designing and constructing the PROJECT. The chart should show the functional structure of the organization and identify key personnel by name and affiliation. The chart must identify the critical support elements of overall project management of the Construction Team, Project Management of each firm participating as part of the Team, project administration, construction management, design quality control and design quality assurance, construction quality control and construction quality assurance, subcontractor administration, and construction administration.

Identify the Key Firms you would be anticipating as part of your overall CMR Team as follows:

Construction Team (Pre-Con & Construction); including but not limited to:

o Principal in Charge and/or Project Executive o Project Manager o Assistant Project Manager, if required o Superintendent o Assistant Superintendent, if required o Preconstruction Manager o Estimator(s) o Consultants, if any

Additionally, provide separate resumes for all key management staff of the CMR Team.

In addition, include the approximate percentage of each employee’s time to be expended on this project.

AIA Document B305 - 1993 Entitled “Contractor’s Qualification Statement” must be completed by the Lead Designer and included in RFP response.

Key management resumes will indicate where roles, if any, may overlap and will include the proposed role and experience in the area of responsibility, history of employment, construction or maintenance of similar projects, and other relevant background information.

THREE (3) references shall be provided for the CMR team.

At least ONE (1) reference shall be provided for all other key personnel.

References shall be previous owners or clients with whom the key personnel have worked within the past FIVE (5) YEARS and should include the name, position, company or agency, current phone and fax numbers and e-mail addresses for each reference.

Discuss the current construction backlog of EACH team Member and the capacity to perform the scope of work and perform the Project to achieve substantial completion by June 30, 2026.

Provide Key Primary and Subcontractors you would be considering as part of your overall Construction Team based on the disciplines defined above in the Construction category.

Additionally Include Scheduling resources and the ability to deliver Fast Track Construction under a CMR Model with the resources available to the team.

OTHER REQUIRED INFORMATION

Resources & Financials. The CMR shall possess sufficient resources, staff and operational personnel necessary to provide all of the services associated with completion of the Project. The respondent shall provide a detailed summary of its financial strength and the availability of resources to support permitting, design, construction, and all other obligations of the CMR in completion of the Project, including a discussion of accessibility of resources. The respondent shall provide independently audited financial statements for itself and any and all of its subsidiaries and affiliates prepared in accordance with generally accepted accounting principles, including, at a minimum, income statements, balance sheets and statements of cash flow for at least the last three (3) fiscal years. Neither the CMR, nor any predecessor entity, nor any of its subsidiaries, affiliates or principals shall have been subject to any voluntary or involuntary bankruptcy or other insolvency proceedings in the last five

(5) years.

Transition Plan. The respondent shall prepare a detailed Transition Plan describing how the proposed renovation of Hope

High School Auditorium project will be transformed taking into account that construction activities will be taking place during the active school year. Indicate how procedurally construction work will coincide with students, vehicular traffic, parking, other school activities etc. The Transition Plan should indicate areas that may be required to be relocated and address the sensitivity of noise at it may impact school activities.

Narrative. The respondent shall provide a detailed and organized narrative explanation summarizing its understanding of the Project, including each of the following items: the scope of this Project; the Town’s objectives and requirements; and the key issues, constraints, challenges and opportunities.

Limitations. The CMR’s ability to undertake or perform the obligations required by the Project shall not be limited in any way by any pending, threatened or current litigation, merger or acquisitions, corporate restructuring or financial oversight which could materially affect the CMR’s resources, staff and/or personnel or otherwise limit the CMR’s ability to construct the facility. The respondent shall provide a statement itemizing any liabilities, financial commitments, contractual commitments, guarantees, and other limitations that will or may affect its ability to meet its obligations to the Town in connection with the Project.

Permitting and Approvals. The proposers shall provide a permitting plan identifying all federal, state and local permits and other approvals needed for completion of the Project, including time required for obtaining such approvals, key issues to be addressed, and the approach that will be taken to satisfy all such requirements. The CMR will be responsible for preparing applications and obtaining and paying the cost for all necessary and advisable permits, approvals and authorizations to complete the Project. The CMR will obtain all of the same in a timely manner in accordance with the Project schedule.

Safety Record. Respondents shall discuss their overall safety program including any violations cited by governmental safety agencies or Occupational Safety and Health Administration (OSHA), recognized safety awards, and the respondent’s lost-time accident record compared with industry standards, all within the past three (3) years.

Reference Projects. The respondent shall provide a list and description of all school facilities for which it has provided design and/or construction services within the last ten (10) years similar to any of those to be provided in connection with the Project. The respondent shall provide a description of each such project, including:

a.) a description of the respondent’s specific involvement and duties performed;

b.) relevance of the project to the Scope of Work called for by the Project;

c.) description of facilities designed/constructed, including design concept, size and capacity;

d.) history of construction, including number of months for design, construction and commissioning;

e.) contract value and cost of designing and constructing each facility;

f.) summary of significant accomplishments; and g.) names and contact information of key personnel at each facility.

Additional Information. The Bid shall contain all information which may be of importance to the Town of Middletown in selecting a contractor, including all information specifically requested by this RFP and any information not specifically requested by this RFP, including favorable and unfavorable information which may have a reasonable bearing on the Town of Middletown’s selection. Without limiting the generality of this paragraph, as the same relates to the CMR entity, any subsidiaries and affiliates, any subcontractor, any key management staff of the CMR Team, the Principal in Charge, the, Project Executive, Project Manager, Superintendent and/or any other key individual, the respondent will submit any and all information relating to criminal conviction, debarment from entering into contracts, regulatory violations, bankruptcies and other forms of insolvency, and contract disputes. Provide any additional qualifications and other information that could further assist the Town of Middletown in evaluating qualifications, including any additional information related to design and/or construction similar to that required in connection with the Project.

Proposal Evaluations

In addition to cost, proposals shall be evaluated on the following criteria and point system:

• Demonstrated experience in the type of work required.

• Professional background, experience, and expertise of the principals and staff of the Bidder. Record of

Bidder in accomplishing work on other similar projects in required timeframe.

• Recent experience showing accuracy of cost estimates.

• References provided by the Bidder will be reviewed and evaluated.

• Possible Personal Interview. If required, in a presentation interview, the proposed Bidder will provide specific plans for completion of the project. Information and results from existing projects may be used to illustrate the proposed plan

• The price to be charged for the management of the work

• High degree of qualifications and experience on similar projects.

• Thorough knowledge of applicable Rhode Island construction laws, Library construction, Interior renovations, Town of Middletown local codes and all other pertinent laws, codes and regulations related to successful completion of the project.

• Experience with school building projects that include site development, occupied school renovations, and suitable school projects that may relate to this project.

• Successful track record of working with architects, contractors, subcontractors, consultants, municipal officials, state officials, and committee members on behalf of the Owner in providing relevant information and facilitating decisions and actions of the various participants with the goal of advancing the progress of the Project on a timely basis.

• Ability to commit the resources necessary to complete the services outlined in this RFP and the ability to sustain that commitment for the entire duration of the project.

(a) Primary Firm Workload and Size (Maximum 10 points)

(b) Primary Qualifications (Maximum 25 points)

(c) Other Considerations (Maximum 20 points)

(d) Overall Team Qualifications (Maximum 25 points)

(e) Overall Team Experience (Maximum 20 points)

ADDITIONAL FACTORS FOR AWARD: The Town, Library Committee and Downes (OPM) will evaluate each written Proposal, determine whether interviews are necessary, then based on the content of the written proposal and interviews, select the vendor best qualified for selection and which is most advantageous to the

Town and Library Committee, cost and all other factors considered.

Authority Granted. By submission of its Bid, the respondent authorizes the Town and any of its subdivisions and its/their respective employees and agents to contact all references and other persons mentioned in the Bid and to visit and inspect any project or site mentioned in the Bid, which includes contacting any person who is or was associated with any such project or site, all for purposes of evaluating the respondent’s performance and validating the information provided in the Bid. By submission of its Bid, the respondent represents and warrants that it has the fully authority to so authorize the Town.

The Town may reject any and/or all proposals and reserves the right to waive any informalities relating to the bids if it is in the public interest to do so.

Any award is subject to entering into a contract acceptable to the Town and its legal counsel.

ADDITIONAL REQUIREMENTS, TERMS, AND CONDITIONS

Insurance:

Commercial General Liability Insurance: covering bodily injury and property damage in a form and with coverage that are satisfactory to the Town, including personal and advertising injury liability, MPA #575, Revised 7/5/16 Page 3 of 4 independent contractors, products completed operations, contractual liability and broad form property damage coverage.

Coverage shall be written on an occurrence basis. A combined single limit of $1,000,000.00 per occurrence and aggregate is required.

Errors and Omissions Insurance: covering any damages caused by an error, omission or any negligent acts of contractor, its subcontractors, agents, officers or employees under this Contract. Combined single limit per occurrence shall not be less than $1,000,000.00. Annual aggregate limit shall not be less than $1,000,000.00.

Auto Liability Insurance: covering all owned, non-owned, or hired vehicles. A combined single limit per occurrence of

$1,000,000.00 will be obtained.

Workers Compensation and Employers Liability: in compliance with the compensation laws of the State of Rhode Island.

Coverage shall include Employers Liability Insurance with minimum limits of $100,000.00 each accident, $500,000.00 disease or policy limit, $100,000.00 each employee.

Please note: A certificate of Insurance listing the Town of Middletown as an “Additional Insured” on a primary, but not contributing basis is required. This will need to be provided prior to work commencing for the Town. The full policy binder may also need to be provided if requested by the Town.

Other:

Statement of Litigation. Please confirm whether or not your firm is involved in any threatened, pending or current litigation or other proceedings which may impact your ability to meet the Town’s requirements under this RFP.

References. Please provide us within your response a minimum of three (3) professional, municipal references related to major, library related Construction Projects.

Qualifications & Disclosures. Respondent and each member of the CMR Team shall complete the Respondent

Qualifications & Disclosures form attached hereto as Exhibit _C_ and shall provide the same, fully executed and notarized, with Respondent’s submission.

Location of Staff. The selected vendor will perform a majority of the work in the Town of Middletown, Rhode Island. The selected vendor must have a physical office within 50 miles of Middletown and manage the program from that location during the entire period of performance. Furthermore, the selected vendor will meet weekly at a designated time with applicable

Town & Library officials to provide an in-progress review…