MIDD-026-004 Second Beach Pavilion Deck Expansion ITB Final.pdf

TOWN OF MIDDLETOWN, RI

350 EAST MAIN RD.

MIDDLETOWN, RI 02842

INVITATION TO BID

Bid Number MIDD-026-004

Pavilion Deck Expansion Second Beach

SPECIFICATIONS AND INSTRUCTIONS

Town of Middletown, RI Invitation to Bid

MIDD-026-004

Pavilion Deck Expansion Second Beach

Table of Contents

I Invitation to Bid 2

II Instructions to Bidders 3

III Terms and Conditions 10

IV Special Provisions for Services 11

V Scope of Work & Specifications 13

VI Bid Documents to be Returned 58

VII Bid Form 59

VIII Non-Collusion Affidavit 62

IX Insurance Coverage 63

X Statement of Relevant Experience 64

Appendices

A CRMC Assent No. A2025-05-086 65 B. Construction Plans for Pavilion Deck Expansion Second Beach 69

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I INVITATION TO BID

Notice is hereby given that sealed bids will be received at the Finance Office, until 10:00 am, Wednesday, October 8, 2025, local time, for furnishing all labor, materials and equipment, and performing all work necessary and incidental to: Pavilion Deck Expansion at Second Beach in accordance with the specifications and contract documents within.

Documents are available on https://www.bidnetdirect.com/rhode-island/middletownri, or at the Town Hall, Finance office.

Bids shall be delivered and addressed to the Town Finance Director, 350 East Main Rd, Middletown, RI 02842 and shall be labeled MIDD-026-004, by 10:00 am Wednesday, October 8, 2025. They will be opened and read aloud at that time in the Town Council Chambers, Town Hall. Any Bidder who wishes his bid to be considered is responsible for making certain that his bid is received in the Finance Office by the proper time.

No oral, telegraphic, electronic, facsimile, or telephonic bids or modifications will be considered unless specified. Bids received after the scheduled submittal deadline will be returned unopened.

Bids must bear original signatures and figures.

The mandatory pre-bid meeting is on Wednesday, September 24, 2025 at 10:00 am, at the Middletown Town Hall, Second Floor Conference Room, 350 East Main Road. The meeting location is accessible to the handicapped. Individuals requiring interpreter services for the hearing impaired should notify the Town Clerk’s Office at (401)847-0009 not less than 48 hours before the meeting.

A 5% bid bond will be required to be submitted with all bids, certified bank checks will be accepted.

The successful bidder will be required to furnished a performance and payment bond in the amount equal to the contract award if bid is greater than $25,000.

All questions regarding this bid must be submitted in writing by 4:00 pm on Monday, September 29, 2025. Questions received after that time will not be addressed. Questions shall be emailed to mtanguay@middletownri.com. All submitted questions and the town’s written response to each will be available as an addendum on or before Thursday, October 2, 2025. Potential bidders are responsible for contacting the Middletown Finance Director at mtanguay@middletownri.gov to request a copy of the addendum. Bidders must acknowledge receipt of all addenda on the town bid form which will be submitted with the bid package.

Any questions regarding this project should be addressed to:

Marc Tanguay Finance Director Email: mtanguay@middletownri.gov https://www.bidnetdirect.com/rhode-island/middletownri

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II. INSTRUCTIONS TO BIDDER

ACCEPTANCE PERIOD. Unless otherwise specified herein, bids are firm for a period of ninety- (90) days.

ADDENDA ACKNOWLEDGMENT. Each bid shall include specific acknowledgment in the space provided of receipt of all addenda issued during the solicitation period. Failure to so acknowledge may result in the bid being rejected as not responsive.

AUTHORIZED SIGNATURES. Every bid must be signed by the person or persons legally authorized to bind the Bidder to a contract for the execution of the work. Upon request of the Town of Middletown, any agent submitting a bid on behalf of a Bidder shall provide a current power of attorney certifying the agent’s authority to bind the Bidder. If an individual makes the bid, his or her name, signature, and post office address must be shown. If a firm or partnership makes the bid, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the bid, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the Town of Middletown, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the bid to execute contracts on behalf of the corporation.

AWARD OF BID. Award will be made to the Bidder offering the most advantageous bid after consideration of all Evaluation Criteria set forth below. The criteria are not listed in any order of preferences. The Town of Middletown will evaluate all bids received in accordance with the Evaluation Criteria. The Town of Middletown reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. Weight factors and evaluation scores will not be released until after award of bid. The Town of Middletown shall not be obligated to accept the lowest priced bid, but will make an award in the best interests of the Town of Middletown after all factors have been evaluated.

CANCELLATION OF SOLICITATION: The Town of Middletown may cancel this solicitation at any time.

COMPLIANCE WITH LAWS: All bids shall comply with current federal, state, and other laws relative thereto.

DEFINITION OF TERMS: For the purposes of this bid, the following definitions will be used:

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a. Contractor: Same as Successful Bidder.

b. May: Indicates something that is not mandatory but permissible.

c. Must/Shall: Indicates a mandatory requirement. A bid that fails to meet a mandatory requirement will be deemed non-responsive and not be considered for award.

d. Bidder: The person or firm submitting the bid.

e. Bid: The offer presented by the Bidder.

f. ITB: Acronym for Invitation to Bid.

g. Should: Indicates something that is recommended but not mandatory. Failure to do what “should” be done will not result in rejection of your bid.

h. Submittal Deadline: The date and time on or before all bids must be submitted.

i. Successful Bidder: The person, contractor, or firm to whom the award is made.

DOCUMENTS TO BE RETURNED WITH BID: Failure to completely execute and submit the required documents before the submittal deadline may render a bid non-responsive. The documents that must be returned by the submittal deadline are listed on the form entitled “Bid Documents To Be Returned” and attached hereto.

INK OR TYPEWRITTEN: All information, prices, notations, signatures, and corrections must be in ink or typewritten. Mistakes may be crossed out and corrections typed or printed adjacent to the mistake and initialed in ink by the person signing the bid.

NOMENCLATURES: The terms Successful Bidder, Successful Contractor, and Contractor may be used interchangeably in these specifications and shall refer exclusively to the firm with whom the Town of Middletown enters into a contract because of this solicitation.

NON-COLLUSION AFFIDAVIT: Bidders are required to submit a Non-Collusion Affidavit with their Bids. See attached Affidavit. If there is reason to believe that collusion exists among the Bidders, the Town of Middletown may refuse to consider bids from participants in such collusion.

OPENING OF BIDS: All bids, irrespective of irregularities or informalities, will be opened and the names of the Bidders and proposed prices will be publicly read aloud at the submittal deadline. All interested persons are invited to be present at the opening and reading of bids.

POSTPONEMENT OF OPENING: The Town of Middletown reserves the right to postpone the submittal deadline and opening of bids any time before the date and time announced in the request for bid or subsequent addenda.

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PRICE DISCREPANCIES: In the event that there are unit price items in a bid schedule and the “amount” indicated for a unit price of an item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly. If there is more than one item in a bid schedule, and the total indicated for the schedule does not agree with the sum of prices of the individual items, the prices given for the individual items shall govern and the total for the schedule will be corrected accordingly. The Bidder will be bound by said corrections.

PRICES: All Bids shall give the prices proposed, both in writing and in figures, shall give all other information requested herein, and shall be signed by the Bidder’s authorized representative. Bid prices shall include everything necessary for the completion and fulfillment of the contract.

BID FORMS/SUBMITTAL: Bids should be clearly labeled and submitted in a sealed envelope or box bearing the name of the Bidder, bid number, and submittal deadline. Bidder’s authorized representative must properly initial any erasures or alterations of any kind. Bids that contain omissions or improper erasures or irregularities may be rejected. No oral, electronic, telegraphic, or telephonic bids or modifications will be considered.

a. Forms: Bids must be submitted on preprinted forms supplied by the Finance Office.

b. Copies: One (1) original marked “MASTER” and two (2) copies must be submitted on or before the Submittal Deadline.

c. Discrepancies: If discrepancies are found between the original and copy or copies, the original “MASTER” will provide the basis for resolving such discrepancies. If one document is not clearly marked “MASTER”, the Town of Middletown reserves the right to use the original as the Master.

BID CONTENT: Bidder must describe in detail how they will meet the requirements of this ITB and may provide additional related information with their bid. The bid should be presented in a format that corresponds to, and references, the sections outlined in the Specification or Scope of Work, and should be presented in the same order. Responses to each section and subsection should be labeled to indicate which item is being addressed. Bids should be straightforward and concise.

Emphasis should be concentrated on conforming to the bid instructions, responding to the bid requirements, and on providing a complete and clear description of the offer. If a complete response cannot be provided without referencing supporting documentation, you must provide such documentation with the bid indicating where the supplemental information can be found.

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The Town of Middletown is not liable for any costs incurred by Bidders before entering into a formal contract. Costs of developing the bids or any other such expenses incurred by the Bidder in responding to the bid, are entirely the responsibility of the Bidder, and shall not be reimbursed in any manner by the Town of Middletown.

BID MODIFICATIONS: Any Bidder who wishes to make modifications to a bid already received by the Town of Middletown must withdraw his bid in order to make the modifications. Withdrawals must be made in accordance with the terms and conditions of this solicitation (see Bid Withdrawal). All modifications must be made in ink, properly initialed by Bidder’s authorized representative, executed, and submitted in accordance with the terms and conditions of this solicitation. It is the responsibility of the Bidder to ensure that modified or withdrawn bids are resubmitted before the submittal deadline.

BID, REJECTION OF: The Town of Middletown reserves the right to reject any or all Bids or any part of a Bid. The Town of Middletown reserves the right to reject the Bid of any Bidder who previously failed to perform adequately for the Town of Middletown or any other governmental agency. The Town of Middletown expressly reserves the right to reject the Bid of any Bidder who is in default on the payment of taxes, licenses or other monies due the Town of Middletown.

BID WITHDRAWAL: Bidder’s authorized representative may withdraw bids only by written request received before the submittal deadline.

BIDDER’S BACKGROUND: Bidder must provide a company profile. Information shall include:

a. Company ownership type. If incorporated, the state in which the company is incorporated and the date of incorporation;

b. Location of the company offices;

c. Number of employees both locally and nationally;

d. Location(s) from which employees will be assigned;

e. Name, address, and telephone number of the Bidder’s point of contact for a contract resulting from this bid;

f. Company background/history and why Bidder is qualified to provide the services described in this bid;

g. Length of time Bidder has been providing services described in this bid. Please provide a brief description;

h. Resumes for key staff to be responsible for performance of any contract resulting from this bid.

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Bidder must include in a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Bidder or in which the Bidder has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any bid. The Town of Middletown reserves the right to reject any bid based upon the Bidder’s prior history with the Town of Middletown or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

BIDDER’S REFERENCES: Bidder should provide a minimum of five (5) references from similar projects performed for any local government clients within the last five years. Information provided shall include:

a. Client/Business name;

b. Project description;

c. Project dates (starting and ending);

d. Client/Business project manager name and telephone number.

PUBLIC RECORDS: Rhode Island law provides that municipal records shall at all times be open for personal inspection by any person. Information and materials received by the Town of Middletown in connection with an bid response shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 10 days after bid opening, whichever occurs first.

However, certain exemptions to the public records law are statutorily provided. If the Bidder believes any of the information contained in his or her response is exempt from the Public Records Law, then the Bidder, must in his or her response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the Town of Middletown will treat all materials received as public records.

QUALIFICATION OF BIDDERS: Each Bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract for no less than three (3) years. The Bidder experience shall be set forth and submitted on the form provided herewith. It is the intention of the Town of Middletown to award a contract to a Bidder who furnishes satisfactory evidence that the Bidder has the requisite experience, ability, sufficient capital, facilities, and plant to enable the Bidder to prosecute the work successfully and properly, and to complete it within the time specified in the contract. To determine the degree of responsibility to be credited to the Bidder, the Town of Middletown will weigh any evidence that the Bidder has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. In selecting the Bidder offering the most advantageous bid, consideration will be given not only to the financial

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standing but also to the general competency of the Bidder for the performance of the work covered and/or specified in the contract documents. To this end, each Bid shall be supported by a statement of the Bidder’s experience on the form entitled “Bidder’s Experience,” which is a part of the contract documents.

QUESTIONS AND COMMENTS: All questions regarding this bid must be submitted in writing to the Middletown Finance Director no later than Monday, September 29, 2025. Questions received after that time will not be addressed. Questions should be emailed to mtanguay@middletownri.com. All submitted questions and the town’s written response to each will be available as an addendum on or before Thursday, October 2, 2025. Potential Bidders are responsible for contacting the Finance Director at (401) 842-6500 ext. 1064 or mtanguay@middletownri.com to request a copy of the addendum. Bidder must acknowledge receipt of all addenda on the town bid form which will be submitted with the bid package.

SIGNATURES: An individual who is authorized to bind the Bidder must sign the bid.

SUBMITTAL DEADLINE: The submittal deadline is 10:00 am, Wednesday, October 8, 2025. Bid must arrive in the Finance Office, Town of Middletown, 350 East Main Road, Middletown, RI 02842. The receiving time in the Finance Office will be the governing time for acceptability of bids.

TAXES, EXEMPT: The Town of Middletown is exempt from Federal Excise and State Sales Tax. If requested, the Town of Middletown will furnish exemption certificates when the successful bidder submits invoices for payment.

TERMS OF THE OFFER: The Town of Middletown reserves the right to negotiate final contract terms with any Bidder selected. The contract between the parties will consist of the bid together with any modifications thereto; the awarded Bidder’s bid; and all modifications and clarifications that are submitted at the request of the Town of Middletown during the evaluation and negotiation process.

In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract; then the bid; then any modifications and clarifications to the awarded Bidder’s bid and; lastly, the awarded Bidder’s bid.

Specific exceptions to this general rule may be noted in the final executed contract. Bidder understands and acknowledges that the representations above are material and important, and will be relied on by the Town of Middletown in evaluation of the bid. Bidder misrepresentation shall be treated as fraudulent concealment from the Town of Middletown of the facts relating to the bid.

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WAIVER OF INFORMALITIES: The Town of Middletown reserves the right to waive informalities in any or all bids, or any part of a bid.

III. TERMS AND CONDITIONS

ASSIGNMENT OF RIGHTS OR OBLIGATIONS: Except as noted hereunder, Successful Bidder may not assign, transfer or sell any rights or obligations resulting from this solicitation without first obtaining the specific written consent of the Town of Middletown.

ATTORNEY FEES: In the event a suit or action is instituted in connection with any controversy arising out of this contract, the prevailing party shall be entitled to receive, in addition to its costs, such sum as the court may adjudge reasonable as to attorney’s fees and costs.

AUTHORITY OF THE TOWN: Subject to the power and authority of the Town of Middletown as provided by law in this contract, the Town of Middletown shall in all cases determine the quantity, quality, and acceptability of the work, materials and supplies for which payment is to be made under this contract. The Town of Middletown shall decide the questions that may arise relative to the fulfillment of the contract or the obligations of the contractor hereunder.

CANCELLATION OF THE CONTRACT: Without cause, the Town of Middletown may cancel this contract at any time with thirty- (30) days written notice to the Bidder. With cause, the Town of Middletown may cancel this contract at any time with ten- (10) days written notice to the Bidder.

Cancellation for cause shall be at the discretion of the Town of Middletown and shall be, but is not limited to, failure to supply the materials, or service specified within the time allowed or within the terms, conditions or provisions of this contract. The successful Bidder may not cancel this contract without prior written consent of the Town of Middletown Finance Director.

CHANGES IN WORK: The Town of Middletown may, at any time work is in progress, by written order, make alterations in the terms of work as shown in the specifications, require the performance of extra work, decrease the quantity of work, or make such other changes as the Town of Middletown may find necessary or desirable. The Contractor shall not claim forfeiture of contract by reasons of such changes by the Town of Middletown. Changes in work and the amount of compensation to be paid to the Contractor for any extra work as so ordered shall be determined in accordance with the unit prices of contractor’s bid.

COMPLIANCE WITH OR DEVIATION FROM SPECIFICATIONS: Bidder hereby agrees that the service offered will meet all the requirements of the specifications in this solicitation unless deviations from them are clearly indicated in the Bidder’s response. Bidder may submit an attachment entitled

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“Exceptions to Specifications”, which must be signed by Bidder’s authorized representative. An explanation must be made for each item in which an exception is taken, giving in detail the extent of the exception and the reason for which it is taken. Bids failing to comply with this requirement will be considered non-responsive. Submittal of brochure or other manufacturer literature is desirable but may not be a substitution for this requirement.

CONTRACT INCORPORATION: This contract embodies the entire contract between the Town of Middletown and the Contractor. The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein. No changes, amendments, or modifications of any of the terms or conditions of the contract shall be valid unless reduced to writing and signed by both parties. The complete contract shall include the entire contents of the bid solicitation, all addenda, all of Bidder’s successful submittal, supplemental agreements, change orders, performance bond(s), and any and all written agreements which alter, amend or extend the contract.

FORMATION OF CONTRACT: Bidder’s signed Bid and Town of Middletown’s written acceptance shall constitute a binding contract.

LAWS GOVERNING CONTRACT: This contract shall be in accordance with the laws of the state of Rhode Island. The parties stipulate that this contract was entered into in the county of Newport, in state of Rhode Island. The parties further stipulate that the county of Newport, Rhode Island, is the only appropriate forum for any litigation resulting from a breach hereof or any questions risen here from.

SEVERABILITY: If any provisions, or portion of any provision, of this contract are held invalid, illegal or unenforceable, they shall be severed from the contract and the remaining provisions shall be valid and enforceable.

SPECIFICATIONS, CHANGES TO: The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein or by written amendment. No changes, amendments, or modifications of any of the terms or conditions of the specification shall be valid unless reduced to writing and signed by both parties.

SPECIFICATIONS, DEFINITION: The term “specification” or “bid specification” as used in this solicitation shall be interpreted to mean all the pages that make up this solicitation.

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IV. SPECIAL PROVISIONS FOR SERVICES

CONTRACTOR, DEFINITION: The term “Contractor” refers to the party entering into a contract with the Town of Middletown as a result of this solicitation.

COOPERATION BETWEEN CONTRACTORS: The Town of Middletown reserves the rights to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed.

Each contractor involved shall assume all liability, financial or otherwise, in connection with his contract and shall protect and save harmless the Town of Middletown from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by them because of the presence and operations of other contractors working within the limits of the same project.

COORDINATION WITH AGENCIES: The Contractor shall coordinate his activities with the proper regulatory agencies and have their representative on site at the proper times.

DAMAGE: The contractor shall be held responsible for any breakage, loss of the Town of Middletown’s equipment or supplies through negligence of the contractor or his employee while working on the Town of Middletown’s premises. The contractor shall be responsible for restoring or replacing any equipment, facilities, etc. so damaged. The contractor shall immediately report to the Town of Middletown any damages to the premises resulting from services performed under this contract.

Failure or refusal to restore or replace such damaged property will be a breach of this contract.

INSURANCE REQUIREMENT: Within ten (10) consecutive calendar days of award of contract, Successful Bidder must furnish the Town of Middletown with the Certificates of Insurance proving coverage as specified in “Bidder’s Statement Regarding Insurance Coverage” and naming the Town of Middletown, its officers and agents, Additional Insured by endorsement. Contractor will, at its own expense, provide and keep in force the following insurance coverages:

• Workmen’s Compensation and Employment Liability Insurance in compliance with statutory limits;

• Comprehensive General Liability Insurance including Products Completed, Contractual, Property, and Personal Injury coverage with combined single limits of $1,000,000 per occurrence and in the aggregate;

• Professional Liability Insurance with a limit of $1,000,000 per claim and in the aggregate;

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• Automobile Liability Insurance including non-owned and hired automobiles with the limits listed below.

◦ Bodily Injury - $500,000 each person; $500,000 each occurrence

◦ Property Damage - $100,000 each occurrence

• Defense of Town: all insurance companies shall have the duty to defend the Town against liability or property damage claims arising from the conduct of the Contractor and/or its agents or employees.

RIGHTS RESERVED: Contractor agrees that the Town of Middletown has the right to make all final determinations as to whether the work has been satisfactorily completed. If Contractor fails to comply with the conditions of the contract, or fails to complete the required work or furnish the required materials within the time stipulated, the Town of Middletown reserves the right to purchase in the open market, or to complete the required work, at the expense of the Contractor.

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V. SCOPE OF WORK & SPECIFICATIONS

The Town of Middletown is seeking bids to partially demolish and reconstruct the deck at the Second Beach

Pavilion, located at 315 Sachuest Point Road in Middletown, RI. The existing deck is made of both concrete and wood. The wooden part of the existing deck is to be resurfaced and a larger wooden deck is to be constructed, as described in the Plans.

All work shall be in accordance with all Occupational Health and Safety Association (OSHA) most current rules and regulations.

Town of Middletown construction season begins April 15 and runs thru October 31, any construction outside of those dates will be considered as winter conditions. Contractors will be required to bear all necessary expenses to complete the project to the satisfaction of the Town. In addition to necessary expenses, the contractor will be responsible to bear all expenses due to loss of production than anticipated, this includes but is not limited to police details, if necessary for delivery vehicles, construction management, inspections, additional meetings, etc. This project is permitted to work during winter conditions, following a written request to the Owner.

Important Notes:

Successful bidders will be evaluated by both, experience with the Town or similar municipalities, and cost.

All work and payments shall be completed in accordance with current Town of Middletown and RIDOT standards and materials.

This is a prevailing wage rate project, after notice of award is issued, contractor shall submit within 5 days of notice, certificate of insurance, performance and payment bond to the Finance Director for review and approval.

Liquidated damages are included and will be assessed at $400.00 per day for each day the contract is not partially complete by Monday, December 15, 2025. Partial completion shall include installing the deck footings and installing the deck framing. Liquidated damages are also included for each day the contract is not substantially complete by Wednesday, April 15, 2026 and will be assessed at $400.00 per day.

Substantial completion shall include installing the decking surface, installing the side decking, installing the railings, and installing the boardwalk. The final project completion date is May 1, 2026. Liquidated damages will be assessed at $600.00 per day for each day the project is not completed by the final project completion date.

All work will be in accordance with all OSHA rules and regulations. All materials will be disposed of in accordance with all State regulations.

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Index to Specifications

Section Number

General Requirements

Summary of Work 01110

Work Restrictions 01140

Measurement and Payment 01270

Coordination 01310

Scheduling of Construction 01325

Submittal Procedures 01330

Health and Safety Plan 01350

Quality Control 01450

Temporary Utilities 01510

Temporary Controls 01570

Control of Materials and Equipment 01600

Product Substitution During Construction 01630

Product Storage and Handling Requirements 01660

Field Engineering 01720

Preservation and Restoration of Project Features 01725

Protecting Installed Construction 01760

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SECTION 01110

SUMMARY OF WORK

PART 1 GENERAL

1.1 SECTION INCLUDES

A. Project Description

B. Description of the Work

C. Work Sequence and Coordination

1.2 PROJECT DESCRIPTION

A. This project includes the construction of a deck adjacent and attached to the existing deck used for the Second Beach concessions building, in accordance with the plans.

B. This project includes an additive alternate to replace the framing and piers at the existing wooden deck.

C. This project is subject to the terms and conditions included in the CRMC Assent No. A2025-

05-086. A copy of the Assent can be found in Appendix A.

D. The awarded bidder shall secure all necessary building permits and furnish all necessary materials, tools, labor, equipment, and other incidental items required to complete the project to the satisfaction of the Town. The Town permit fees will be waived for this project.

1.3 DESCRIPTION OF THE WORK

A. Work Site location: Sachuest (Second) Beach at 315 Sachuest Point Road in Middletown, Rhode Island

B. Construction activities:

I. Partially demolish the existing wooden deck, including but not limited to removing and disposing the decking, railings, posts, balusters, and stairs. The existing framing and piers are to remain. The existing concrete deck is to remain.

II. Install helical piles with concrete caps.

III. Install the deck frame, decking surface, stairs, side deck screening, and railings with a food shelf.

IV. Furnish and install the tent structure. The tent shall be secured to the deck and have the ability to remove the canopy.

V. Provide adequate power to the deck for both the outlets and lighting.

VI. Ensure accessibility compliance, including ADA access. Limited grading under the boardwalk will be required.

C. Site conditions: The site is sandy with a large parking lot immediately adjacent to the concessions building. The awarded bidder may use the parking lot to store construction vehicles and materials prior to the date of Final Completion. All vehicles, equipment, materials, and other items stored on site shall be at the Contractor’s sole responsibility.

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D. No materials, labor or equipment, shall be furnished by the Owner under this Contract.

E. The Contractor shall obtain all local permits and licenses necessary for the contemplated

Work.

F. The Contractor shall comply with the requirements of all permits issued for all portions of the

Work under this Contract.

1.4 WORK SEQUENCE AND COORDINATION

A. The Work must be sequenced to avoid impacts to the opening of Sachuest (Second) Beach.

The beach is scheduled to open on Memorial Day, May 25, 2026.

B. Construction Shutdown: Work will not be allowed from November 1st through April 14th, unless authorized in writing by the Town, due to the winter moratorium. This project is permitted to work during winter conditions. The awarded bidder shall request written authorization immediately following the notice to proceed.

C.

D. Access to Sachuest (Second) Beach must be maintained during prosecution of the Work.

E. Unless otherwise authorized in writing by the Town, vehicular and pedestrian traffic must be maintained at all times.

PART 2 PRODUCTS – NOT USED

PART 3 EXECUTION – NOT USED

END OF SECTION 01110

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SECTION 01140

WORK RESTRICTIONS

PART 1 GENERAL

1.1 SUMMARY

A. Section Includes

1. Project Management

2. Work Hours

3. Coordination

4. Project meetings

B. Related Sections

1. Section 01310 – Coordination

2. Section 01325 – Scheduling of Construction

3. Section 02315 – Excavation, Backfill, Compaction and Dewatering

1.2 PROJECT MANAGEMENT

A. Retain on the Site, a competent, full time Superintendent, satisfactory to the Owner. The

Superintendent shall not be changed, except with the consent of the Owner and shall be in full charge of the work. All instructions given to this person by the Engineer or the Owner shall be binding.

B. The work must be completed in a continuous uninterrupted operation. Use sufficient personnel and adequate equipment to complete all the necessary work requirements within the period of time required by the Agreement.

C. Reference Section 01325 and any applicable project permits or directions of the Owner for additional requirements associated with the scheduling and sequencing of Work.

1.3 WORK HOURS

A. Unless specifically authorized by the Owner, the Work must be conducted during daylight hours on Monday through Friday, and within the time between 7:00 a.m. and

4:00 p.m. No work is to be done on holidays, Saturdays, Sundays or outside of the work hours described above, without prior written permission of the Owner. All trenches shall be patched on Friday by 4 pm unless otherwise approved.

B. The Contractor shall closely monitor the project schedule and notify the Town if off-hour work is required to meet the project’s completion date. Off-hour work shall be preformed at no additional cost to the Town.

1.4 SEQUENCE OF WORK

A. OWNER reserves the right to request modifications to the proposed sequence of work after review of the Schedule of Operations.

1.5 COORDINATION

A. Supply to the Owner the telephone/cell phone number of a responsible person who may be contacted during off-hours for emergencies 24 hours a day, seven days a week.

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B. Prepare a contact list of phone numbers for all project personnel. Project list should include the Contractor, Owner and local personnel including police, fire and ambulance.

C. All utility shutdowns shall be coordinated with the Owner and the affected utility. No shutdown is to occur without authorization.

1.6 PROJECT MEETINGS

A. Subject to the Owner’s discretion, project meetings will be held on a weekly basis.

B. Scheduling shall be discussed with all parties to be affected by upcoming work.

END OF SECTION 01140

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SECTION 01270

MEASUREMENT AND PAYMENT

DESCRIPTION

A. This Section describes the measurement and payment for the Work to be completed.

Project is to be bid as a “Unit Price Bid Price” as noted in Section VII Bid Form, which may also be referred to as “pay item”.

1. The bid price shall include payment for all labor, materials, equipment and incidental costs associated with the bid item to completely install in accordance with the attached plans and specifications and any special requirements such as OSHA.

2. Work not fully detailed or described herein or on the plans shall be included with that bid item.

3. The work includes the removal and disposal of all materials including concrete, earth and other scrap material shall be included in that particular bid item.

4. Contractor shall be responsible to repair in kind all existing improvements.

5. Contractor will be paid in accordance with the agreement, less 10%, any work not fully accepted by the Town.

6. Along with the unit price bid, the contractor is to submit a progress payment schedule based upon materials delivered and installed and which must be acceptable to the

Town.

7. Differing site conditions, changes, and force work account shall be subject to the approval of the Town.

8. Contractor shall be allowed to store those materials, equipment, supplies and apparatus within the construction zone that will be installed that particular work day.

9. Materials, equipment, supplies and apparatus shall only be stored on private properties within Town limits that are properly zoned by the Middletown Zoning

Ordinance at no additional cost to the Owner.

10. The Lump Suam Pay item description is general and may not specifically describe all associated Work, materials, supplies or elements thereof, do not constitute Specifications.

11. Claims for being unfamiliar with the content of the Specifications or site conditions will not be considered.

B. The following Work is not specifically described or designated as a pay item, is considered incidental to all pay items, and shall not be measured separately for payment.

1. Bidding and Contracting Requirements and General Requirements of the Contract

Specifications, unless specifically covered under the Bid Items listed below. All costs associated with this work shall be considered incidental to the Contract Bid Price.

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2. Materials, equipment, and services necessary to verify existing field conditions and the location, size, type, material, and orientation of existing deck.

3. Restoration of all areas disturbed by the Contractor within the limits of Work, including planting, loaming and seeding, if required.

4. Field and laboratory testing and reporting by independent laboratory, including but not limited to compaction of backfill materials; aggregate gradation; and concrete testing.

C. Payment will not be made for restoration of areas disturbed by the Contractor outside the limits of Work.

D. Payment will only be made for the construction of the deck along with its piers, frame, decking, railing system, stairs, tent, and any work directly required to properly and satisfactorily complete the project according to the accepted bid price.

E. Erosion control activities (including installation, operation, inspecting, maintenance, removal and off-site disposal of erosion control devices) shall be considered incidental to that pay item and will not be paid for separately. Silt Soxx or silt fencing around work limits which disturb soils will be necessary and included in the unit price bid.

F. All Work will be measured and paid for at the Contractor’s bid price as indicated on the Bid

Form. Progress payments will be based upon project completion, subject to approval by the

Town. Work not specifically included as a bid item, but which is required to properly and satisfactorily complete the work is considered ancillary and incidental to the bid item work, and payment for such work is considered to be included in the values as bid for payable items.

Compensation for all work shall be made as a measured quantity of work under the appropriate bid items. Partial Payments for lump sum items shall be allowed upon approval of a schedule of values.

G. The Owner reserves the right to withhold or to reduce payments due for payable items of work under the Contract where, in the opinion of the Owner, work ancillary and incidental to the payable work is not completed in a satisfactory or timely manner.

H. The Bidder’s Bid Price includes all costs to perform all of the Work including, but not limited to labor, materials, equipment, supplies, bonds, insurance, overhead, profit and incidentals, to complete the Project.

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I. The Bid Price listed on the Bid Form is intended to provide full payment for the work shown on the Drawings, Plans and specified herein. Any work called for or implied in the documents but not listed as a payment item shall be considered incidental to the overall project.

J. The Bid Price represents total compensation for completion of Project to the satisfaction of the Owner. Measurement and Payment for completion of the project is based upon the unit prices, as noted on the Bid Form. Conflicting statements concerning payment and contract price within the Bid Documents do not alter the Total Bid Price.

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SECTION 01310

COORDINATION

SUMMARY

A. Section Includes

1. Coordinate progress of the Work

2. Perform all coordination necessary to complete the proposed work while maintaining the operation of all existing utilities.

B. Related Sections

1. Section 01325 – Scheduling of Construction

PART 3 EXECUTION

3.1 GENERAL

A. The Owner shall have the authority to order work stopped or prohibited, which would in their opinion, unreasonably result in stopping the necessary functions of the construction project. Any costs and/or delays associated with Owner authorized work stoppages due to the

Contractor’s operation shall be borne by the Contractor.

B. Owner and Engineer shall be kept fully informed at least one week before the beginning of all work by Contractor which may affect Owner’s operations.

C. Provide the Owner with information on areas to be used for off-site disposal of soils, concrete, and any material(s) deemed as trash or debris.

3.2 SEQUENCE OF CONSTRUCTION

A. The Contractor will be allowed as much flexibility as possible in scheduling the details of the project. The Contractor shall provide a detailed schedule as required in Section 01325.

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SECTION 01325

SCHEDULING OF CONSTRUCTION

1.1 SUMMARY

A. Section Includes

1. Construction Schedule

2. Sequence of Work

1. Section 01310 – Coordination

1.2 REFERENCES

A. The Use of CPM in Construction – A Manual for General Contractors, an Associated General

Contractors of America publication.

1.3 QUALITY ASSURANCE

A. To assure adequate planning for execution of the Work so that the Work is completed within the number of calendar days allowed in the Contract, and to assist the Engineer in appraising the reasonableness of the proposed schedule and in evaluating progress of the

Work, prepare a network analysis system using the Critical Path Method.

1.4 Perform data preparation, analysis, charting, and updating in accordance with pertinent recommendations contained in current edition of “CPM in Construction” manual of the Associated General Contractors.

1.5 NETWORK ANALYSIS

A. Schedule Diagram

1. Graphically show the order and interdependence of all activities necessary to complete the Work, and the sequence in which each such activity is planned to be accomplished, as planned by the Contractor and his project field superintendent in coordination with all subcontractors and materials suppliers whose work is shown on the diagram.

2. Include, but do not necessarily limit indicated activities to:

• Project mobilization;

• Submittal and approval of Shop Drawings;

• Procurement of equipment and critical materials;

• Fabrication of special equipment and material, and its installation and testing;

• Final cleanup;

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• Final inspecting; and

• All activities of the Owner which affects progress and/or affects required dates for completion of all or part of the Work.

3. Show information in such detail that duration times of activities will range normally from one to 15 calendar days. The selection and number of activities shall be subject to the approval of the Owner.

4. Show on the diagram, as a minimum for each activity, preceding and following event numbers, description of each activity, and activity duration in calendar days.

5. Submit the diagram on maximum sheet size 30” high by the width required.

3.1 PREPARATION

A. Prior to all work of this Section, thoroughly study the referenced standard as well as pertinent portions of the Contract Documents.

B. In the preparation of the schedule, the Contractor shall take into consideration Shop Drawing submittal and approval time, the delivery times of equipment and materials, Subcontractors’ work, availability and abilities of workmen, weather conditions, any restrictions in operations at the Work site, and all other items that may affect completion of the Work within the time requirements of the Contract Documents.

3.2 PERIODIC REPORTS

A. On the first week of every month, the Contractor shall meet with the Owner and present four copies of a report of operations during the preceding period which shall include the following:

1. Report actual progress by updating the network analysis.

2. Note on the summary network, or clearly show on a revised issue, the affected portions of the detailed network.

3. Revise the summary network as necessary for clarity.

4. Activities or portions of activities completed during the reporting period, and their total value as basis for Contractor’s periodic request for payment. Payment made pursuant to the Agreement may, when the Owner so directs, be based on the total value of such activities completed or partially completed after verification by the

Owner.

5. State the percentage of the Work actually completed and scheduled as of the report date, and the progress along the critical path in terms of days ahead of or behind the allowable dates.

6. If the Work is behind schedule, also report progress along other paths with negative slack.

7. Include a narrative which includes, but is not necessarily limited to:

a. A description of problem areas, anticipated and current;

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b. Delaying factors and their impact;

c. An explanation of corrective actions taken or proposed.

8. Show the date of latest revision.

3.3 ADHERENCE TO SCHEDULE

A. Whenever in the opinion of the Owner the Work is not proceeding in accordance with the construction progress schedule, the Contractor shall promptly take such measures as are necessary to return the Work to its progress schedule, as directed by, and at no cost, to the

Owner. Such measures shall include but not be limited to, employing additional or different personnel, equipment or construction methods, employing additional shifts, or working overtime. Such measures shall be continued until compliance with the progress schedule has been achieved.

B. The Contractor shall assure all materials required for the completion of this project shall be furnished and delivered in accordance with the project schedule outlined in the Scope of Work of these specifications.

END OF SECTION 01325

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SECTION 01330 SUBMITTAL

PROCEDURES

A. Section Includes:

1. Submittals

2. Review of Shop Drawings

3. Quality Assurance

4. Sequencing

1.2 SUBMITTALS

A. Product Data

1. Product data as specified in individual Sections, include, but are not necessarily limited to, standard prepared data for manufactured products (catalog data), such as the manufacturer’s product specification and installation instructions, availability of colors and patterns, manufacturer’s printed statements of compliances and applicability, roughing-in diagrams and templates, catalog cuts, product photographs, standard wiring diagrams, printed performance curves and operational-range diagrams, production or quality control inspection and test reports and certifications, mill reports, product operating and maintenance instructions and recommended spare-parts listing, and printed product warranties, as applicable to the

Work.

B. Shop Drawings

1. Shop drawings, as defined in the General Conditions, and as specified in individual work Sections include, but are not necessarily limited to, custom-prepared data such as fabrication and erection/installation drawings, schedule information, piece part drawings, actual shopwork manufacturing instructions, special wiring diagrams, coordination drawings, individual system or equipment inspection and test reports including performance curves and certification, as applicable to the Work.

2. All shop drawings submitted by Suppliers for approval shall be sent directly to the

Contractor for preliminary checking. The Contractor shall be responsible for their submission at the proper time so as to prevent delays in delivery of materials. The

Contractor shall be solely responsible for the coordination of submittals for related or interdependent equipment; fragmented submittals will not be accepted for review by the Engineer. The Contractor shall advise the Engineer in writing of any deviations from the requirements of the Contract Documents.

3. Contractor shall check all shop drawings regarding measurements, size of members, materials, and details to determine if they conform to the intent of the Drawings and

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Specifications. Drawings found to be inaccurate, not in compliance, or otherwise in error shall be returned to the subcontractors for correction before submission to the

Owner. Drawings that are current shall be marked with the date, name, and approval stamp of the Contractor. The Contractor shall advise the Owner in writing of any deviations from the requirements of the Contract Documents.

4. All details on shop drawings submitted for approval shall show clearly the relation…