RFQ-Library Renovation-PM,CM,OR Final.pdf

TOWN OF MIDDLETOWN, RI

350 EAST MAIN RD.

MIDDLETOWN, RI 02842

Request for Qualifications

Proposal Number - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/ Construction Manager/Owner's Representative

SPECIFICATIONS AND INSTRUCTIONS

Table of Contents

I Request for Proposal

II Instructions to Proposer

III Terms and Conditions

IV Special Provisions for Services

V Objective/Scope of Work & Evaluation Criteria

VI Proposal Documents to be Returned

VII Proposal Form

VIII Non-Collusion Affidavit

IX Insurance Coverage

X Proposer Statement of Relevant Experience

Attachments A-1 Architect's Original Plan of the Building A-2 Building Shell Design 12.12.12 A-3 HVAC Plan A-4 Existing Mechanical Equipment

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/ Owner's Representative

I. REQUEST FOR PROPOSAL

Notice is hereby given that sealed proposals will be received at the Finance Office, until 10:00 a.m., Friday, December 20, 2024, local time, for furnishing all labor, materials and equipment, and performing all work necessary and incidental to: Town of Middletown-Library Renovation-Project Management/Construction Manager/Owner's Representative in accordance with the specifications and contract documents within.

Documents are available on the Town of Middletown website, the online bidding system website, https://www.bidnetdirect.com/rhode-island/middletownri or at the town hall finance office.

Proposals shall be delivered and addressed to the Town Finance Director, 350 East Main Rd, Middletown, RI 02842 and shall be labeled MIDD-025-002, by 10:00 am Friday, December 20, 2024. They will be opened and read aloud at that time in the Town Council Chambers, Town Hall. Any Proposer who wishes his proposal to be considered is responsible for making certain that his proposal is received in the Finance Office by the proper time.

Contract Bonds:

1. The Proposer whose Proposal is accepted agrees to furnish the Contract Bonds in the forms which follow in the Contract Documents, each in the sum of the full amount of the Price Proposal and/or Contract Price as determined by the Owner, and duly executed and acknowledged by the said proposer as Principal and by a surety company qualified to do business under the laws of Rhode Island and satisfactory to the Owner, as Surety, for the faithful performance of the contract and payment for labor and materials. The premiums for such Bonds shall be paid by the Contractor.

2. Surety Companies executing the Contract Bonds must also appear on the U.S. Treasury Department’s most current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (Amended) by the Audit Staff Bureau of Accounts.

Power of Attorney:

Attorneys-in-fact who sign RFP Bonds or Contract Bonds must file with each Bond a certified and effectively dated copy of their power of attorney.

No oral, telegraphic, electronic, facsimile, or telephonic proposals or modifications will be considered unless specified. Proposals received after the scheduled submittal deadline will be returned unopened. Proposals must bear original signatures and figures.

There will be a mandatory pre-proposal meeting at 110 Enterprise Center, Middletown, RI 02842 on December 10, 2024 at 2:00pm. All questions regarding this RFQ must be submitted in writing by 4:00 pm on Friday, December 13, 2024. Questions received after that time will not be addressed. Questions shall be emailed to mtanguay@middletownri.gov. All submitted questions and the town’s written response to each will be available as an addendum on or before Tuesday, December 17, 2024. Proposers must acknowledge receipt of all addenda on the town proposal

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/ Owner's Representative https://www.bidnetdirect.com/rhode-island/middletownri form which will be submitted with the proposal package. Any questions regarding this project should be addressed to:

Marc Tanguay Finance Director

Email: mtanguay@middletownri.gov

II. INSTRUCTIONS TO PROPOSER

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

ADDENDA ACKNOWLEDGMENT. Each proposal 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 proposal being rejected as not responsive.

AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the Town of Middletown, any agent submitting a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual makes the proposal, his or her name, signature, and post office address must be shown. If a firm or partnership makes the proposal, 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 proposal, the proposal 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 proposal to execute contracts on behalf of the corporation.

AWARD OF PROPOSAL. Award will be made to the Proposer offering the most advantageous proposal 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 proposals 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 proposal. The Town of Middletown shall not be obligated to accept the lowest priced proposal, 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 proposals shall comply with current federal, state, and other laws relative thereto.

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/

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

a. Contractor: Same as Successful Proposer.

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

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

d. Proposer: The person or firm submitting the proposal.

e. Proposal: The offer presented by the Proposer.

f. RFQ: Acronym for Request for qualification.

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

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

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

DOCUMENTS TO BE RETURNED WITH PROPOSAL: Failure to completely execute and submit the required documents before the submittal deadline may render a proposal non-responsive. The documents that must be returned by the submittal deadline are listed on the form entitled "Proposal 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 proposal.

NOMENCLATURES: The terms Successful Proposer, 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: Proposers are required to submit a Non-Collusion Affidavit with their Proposals. See attached Affidavit. If there is reason to believe that collusion exists among the Proposers, the Town of Middletown may refuse to consider proposals from participants in such collusion.

OPENING OF PROPOSALS: All proposals, irrespective of irregularities or informalities, will be opened and the names of the Proposers 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 proposals.

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

PRICE DISCREPANCIES: In the event that there are unit price items in a proposal 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

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/ there is more than one item in a proposal 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 Proposer will be bound by said corrections.

PRICES: All Proposals shall give the prices proposed, both in writing and in figures, shall give all other information requested herein, and shall be signed by the Proposer’s authorized representative.

Proposal prices shall include everything necessary for the completion and fulfillment of the contract.

PROPOSAL FORMS/SUBMITTAL: Proposals should be clearly labeled and submitted in a sealed envelope or box bearing the name of the Proposer, RFQ number, and submittal deadline.

Proposer’s authorized representative must properly initial any erasures or alterations of any kind.

Proposals that contain omissions or improper erasures or irregularities may be rejected. No oral, electronic, telegraphic, or telephonic proposals or modifications will be considered.

a. Copies: One (1) original marked “MASTER” and ten (10) copies must be submitted on or before the Submittal Deadline.

b. 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.

PROPOSAL CONTENT: Proposer must describe in detail how they will meet the requirements of this RFQ and may provide additional related information with their proposal. The proposal 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. Proposals should be straightforward and concise. Emphasis should be concentrated on conforming to the RFQ instructions, responding to the RFQ 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 proposal indicating where the supplemental information can be found.

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

PROPOSAL MODIFICATIONS: Any Proposer who wishes to make modifications to a proposal already received by the Town of Middletown must withdraw his proposal in order to make the modifications. Withdrawals must be made in accordance with the terms and conditions of this solicitation (see Proposal Withdrawal). All modifications must be made in ink, properly initialed by Proposer’s authorized representative, executed, and submitted in accordance with the terms

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/ and conditions of this solicitation. It is the responsibility of the Proposer to ensure that modified or withdrawn proposals are resubmitted before the submittal deadline.

PROPOSAL, REJECTION OF: The Town of Middletown reserves the right to reject any or all Proposals or any part of a Proposal. The Town of Middletown reserves the right to reject the Proposal of any Proposer 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 Proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the Town of Middletown.

PROPOSAL WITHDRAWAL: Proposers' authorized representative may withdraw proposals only by written request received before the submittal deadline.

PROPOSER'S BACKGROUND: Proposer must provide a company profile. Information shall include:

a. Company ownership. 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 Proposer’s point of contact for a contract resulting from this RFQ;

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

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

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

Proposer 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 Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The Town of Middletown reserves the right to reject any proposal based upon the Proposer’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.

TIME SCHEDULE AND COMPENSATION:

The Proposer shall be prepared to become fully engaged in the Project immediately upon award of this contract. Upon selection of the proposer, the Building Committee, subject to the approval of the Town Council and Library Board of Directors may negotiate the amount of compensation and the method of payment.

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/

PROPOSER'S REFERENCES: Proposers should provide a minimum of five (5) references from similar projects performed for any local government clients within the last seven 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 RFQ 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 Proposer believes any of the information contained in his or her response is exempt from the Public Records Law, then the Proposer, 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 PROPOSERS: Each Proposer shall be skilled and regularly engaged in the general class or type of work called for under the contract. . It is the intention of the Town of Middletown to award a contract to a Proposer who furnishes satisfactory evidence that the Proposer has the requisite experience, ability, sufficient capital, facilities, and plant to enable the Proposer to execute 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 Proposer, the Town of Middletown will weigh any evidence that the Proposer has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. In selecting the Proposer offering the most advantageous proposal, consideration will be given not only to the financial standing but also to the general competency of the Proposer for the performance of the work covered and/or specified in the contract documents. To this end, each Proposal shall be supported by a statement of the Proposer’s experience on the form entitled “Proposer’s Experience,” which is a part of the contract documents.

QUESTIONS AND COMMENTS: All questions regarding this RFQ must be submitted in writing to the Middletown Finance Director no later than Friday, December 13, 2024. Questions received after that time will not be addressed. Questions should be emailed to mtanguay@middletownri.gov. All submitted questions and the town’s written response to each will be available as an addendum on or before Tuesday, December 17, 2024. Potential proposers are responsible for obtaining a copy of any addenda issued by going to the online bidding system website, https://www.bidnetdirect.com/rhode-island/middletownri. Proposers must acknowledge receipt of all addenda on the town proposal form which will be submitted with the proposal package.

SIGNATURES: An individual who is authorized to bind the Proposer must sign the proposal.

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/ Owner's Representative https://www.bidnetdirect.com/rhode-island/middletownri

SUBMITTAL DEADLINE: The submittal deadline is 10:00 am, Friday, December 20, 2024.

Proposals 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 proposals.

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 Proposer selected. The contract between the parties will consist of the RFQ together with any modifications thereto; the awarded Proposer’s proposal; 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 RFQ; then any modifications and clarifications to the awarded Proposer’s proposal and; lastly, the awarded Proposer’s proposal. Specific exceptions to this general rule may be noted in the final executed contract. Proposer 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 proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the Town of Middletown of the facts relating to the proposal.

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

CONDITIONS OF WORK: Each proposer must inform themself fully of the conditions relating to the RFQ under which the work is now or will be performed; failure to do so will not relieve the successful proposer of their obligation to furnish all materials and all labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated Work for the consideration set forth in their proposal. Insofar as possible, the proposer, in the carrying out their work, shall employ such methods or means as will not cause any interruption of or interference with: character of equipment and facilities needed preliminary to and during prosecution of the work; requirements of the town and controlling authorities, having jurisdiction over the various lands, and all other conditions affecting the work to be done, and the labor and materials needed; and they shall make their proposal in sole reliance thereon; and shall not, at any time after submission of a proposal, assert that there was any misunderstanding in regard to the nature or amount of the work to be done.

III. TERMS AND CONDITIONS

ASSIGNMENT OF RIGHTS OR OBLIGATIONS: Except as noted hereunder, Successful Proposer 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.

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/

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 Proposer. With cause, the Town of Middletown may cancel this contract at any time with ten- (10) days written notice to the Proposer. 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 Proposer 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 proposal.

COMPLIANCE WITH OR DEVIATION FROM SPECIFICATIONS: Proposer 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 Proposer’s response. Proposer may submit an attachment entitled “Exceptions to Specifications”, which must be signed by Proposer’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. Proposals 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 RFQ solicitation, all addenda, all of Proposer’s successful submittal, supplemental agreements, change orders, performance bond(s), and any and all written agreements which alter, amend or extend the contract.

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/

FORMATION OF CONTRACT: Proposer’s signed Proposal 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 "RFQ specification" as used in this solicitation shall be interpreted to mean all the pages that make up this solicitation.

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

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/ 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 Proposer must furnish the Town of Middletown with the Certificates of Insurance proving coverage as specified in “Proposer’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 $4,000,000 per occurrence and in the aggregate;

• Professional Liability Insurance with a limit of $4,000,000 per claim and in the aggregate;

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

◦ Bodily Injury - $1,000,000 each person; $1,000,000 each occurrence

◦ Property Damage - $1,000,000 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:

(a) Rejection of Work. Contractor agrees that the Town of Middletown has the right to make all final determinations as to whether the work has been satisfactorily completed;

(b) Completion of Work. 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.

PREVAILING WAGE: Prevailing Wage is the cost per hour, for labor wages set by law, involving construction work for various and related trades. It involves a bidding process for contractors that will use federal, state, or municipal monies (taxpayer dollars) for work on projects that will be used for the public, by the public. The successful contractor and sub-contractor(s) shall comply with the provisions of Rhode Island General Laws, (RIGL) Chapter 37 pertaining to the Prevailing Wage Laws. for all municipal funded projects in excess of one thousand ($1,000) dollars. The RI Department of Labor has accepted the prevailing wage rates as determined by the Federal Wage and Hour Division under the Davis-Bacon Act. A copy of the most current wage decision pertaining to this bid is available from the Director of Labor at

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/

401-462-8000 or on the web site http://www.dlt.state.ri.gov/ As required under RIGL 37-13-13, the successful contractor and/or sub-contractor(s) must certify and submit weekly payroll forms to the Town of Middletown.

MINORITY/WOMEN BUSINESS ENTERPRISE (MBE/WBE) REQUIREMENTS: Minority (MBE) and Women (MBE) Business Enterprises shall mean a small business concern, owned and controlled by one or more minorities or women certified by the Rhode Island Department of Administration to meet the definition established by Chapter 37-14.1 of the General Laws of Rhode Island. Disadvantaged Business Enterprises (DBE) shall mean socially and economically disadvantaged firms which are owned and controlled by individuals who are citizens of the United States, or legal permanent residents whose social disadvantage must stem from and individual's color, national origin, gender, physical handicap, long term residence in an environment isolated from the mainstream of American society, or other similar cause beyond the control of the individual, and whose economic disadvantage must stem from an inability to compete in the free enterprise system due to diminished capital and credit opportunities, as compared to others in the same or similar line of business and/or competitive market area who are not socially disadvantaged. The Contractor is required to demonstrate that fifteen percent (15%) of the dollar value of the work performed against contracts for construction exceeding $500,000 shall be performed by MBE (7.5%) or WBE (7.5%) firms where it has been determined that subcontract opportunities exist, and where Certified Women and/or Minority Business Enterprises are available. For further information, contact the State of Rhode Island, Department of Administration, Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) Program.

KNOWLEDGE AND CONFORMANCE WITH REGULATIONS FOR PUBLIC LIBRARY

CONSTRUCTION REIMBURSEMENT (220-RICR-60-15-1): Contractor must follow and maintain compliance with all regulations and state statutes pertaining to Public Library Construction Reimbursement for the State of Rhode Island (220-RICR-60-15-1).

V. OBJECTIVE/SCOPE OF WORK & EVALUATION CRITERIA

OBJECTIVE:

The Town of Middletown and Middletown Public Library, through the Middletown Library Building Committee (Building Committee), is soliciting proposals from qualified firms that provide Project Management/Owner's Representative Services and Construction Manager/ General Contractor (CM/GC) services as the primary focus of their business. The selected firm will provide services for the planning, programming, and preliminary program design of a capital project involving the renovation and relocation of the Middletown Public Library to 110 Enterprise Center. The role of the selected firm will be to assist the Town of Middletown in coordinating and managing the various aspects of the planning and renovation process, with the option of continuing services through the full design and construction of the project.

Over the past year, the Library Board of Trustees has worked with representatives of the library administration, town administration, and consultants to evaluate the limitations of the existing library facility and explore alternatives to meet the community's needs. Through this process, it

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/ became evident that the current library structure is insufficient to support the range of services and programs demanded by the community. The recently acquired facility at 110 Enterprise Center will provide modern spaces for children, teens, and adults, meeting rooms, innovation hubs, and outdoor programming areas, all designed with a focus on accessibility, energy efficiency, and flexibility.

The Town is seeking services that include both preconstruction and construction phases. The selected firm would act as the Town's single point of contact to initiate the project planning process, including the solicitation of architecture and engineering (A&E) teams. Services would also include cost estimating, scheduling, and value engineering to ensure a fully integrated and efficient process. The selected firm will have the option to serve as the CM/GC, delivering a turnkey project through an open-book and transparent process that incorporates competitive bidding for subcontractor packages. Compensation would be provided under a cost-of-work-plus-fee AIA contract model.

The expectation will be that the design and renovations are expected to be completed within two years. Renovations are anticipated to begin as early as six months following the selection process. The Building Committee also anticipates engaging an architectural firm to assist with reviewing the building program and developing conceptual design alternatives. Once completed, the committee will evaluate these alternatives and recommend a plan to the Town Council and Library Board of Trustees for implementation.

The Town Council and Library Board of Trustees are the awarding authorities and reserve the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; to award contracts; or to cancel this Request for Qualifications if, in the sole discretion of the awarding authority, it is in the Town's best interest to do so.

SCOPE OF WORK:

1. Preconstruction Phase

a. Architect Selection: Facilitate the selection of a qualified architectural and engineering (A&E) team to develop detailed design documentation and administer the construction contract as the Project Architect. Assist in defining the scope of professional services and contract terms.

b. Program Development: Collaborate with the Building Committee to finalize program requirements, develop schematic designs, and create phasing strategies. Provide expertise during this process, offering insights and recommendations.

c. Cost Estimating and Value Engineering: Prepare detailed cost estimates and identify opportunities for value engineering during the preconstruction phase. Present alternative methods, materials, and systems to optimize project value while maintaining design intent.

d. Scheduling and Planning: Develop and maintain a comprehensive project schedule from preconstruction through construction. Include milestones for programming, design, permitting, bidding, construction, and move-in activities.

e. Procurement Planning: Establish a strategy for subcontractor bid package preparation, prequalification, and competitive bidding processes to ensure the project attracts the best-qualified trade partners.

f. Open-Book Collaboration: Work transparently with the Building Committee to provide real-time updates on costs, scheduling, and construction approaches, ensuring all decisions are well-informed.

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/

2. Construction Management Phase

a. General Oversight:

• Act as the Construction Manager and primary point of contact for the Town, coordinating all aspects of construction activities, including on-site management, contractor oversight, and quality assurance.

b. Subcontractor Management:

• Prepare and solicit subcontractor bid packages.

• Conduct pre-bid meetings and manage the bidding process.

• Evaluate subcontractor proposals and recommend contract awards to the Town.

• Coordinate all subcontractor activities during construction.

c. Cost Control and Reporting:

• Track project costs throughout construction, including change orders, allowances, and contingency management.

• Provide monthly financial updates, comparing actual expenditures to the project budget and highlighting any variances.

d. Construction Coordination:

• Lead weekly construction progress meetings, prepare meeting minutes, and maintain a system for tracking and resolving action items.

• Serve as the liaison between the Building Committee, A&E team, and contractors to address any construction-related issues promptly.

e. Quality Assurance and Inspections:

• Monitor construction quality through regular on-site inspections.

• Ensure compliance with the design documents, applicable codes, and industry standards.

• Oversee specialized commissioning inspections for mechanical, electrical, and plumbing systems.

f. Schedule Management:

• Maintain the master project schedule, ensuring integration of critical activities such as FF&E procurement, system commissioning, and move-in logistics.

• Mitigate delays by implementing recovery schedules when necessary.

g. Responsibilities of a Turnkey CM/GC

• In addition to acting as the Town’s Project Manager, the selected firm will assume full Construction Manager responsibilities, delivering the project under an AIA A134 contract framework. This includes:

a. Open-Book Cost Management: Implement a cost-of-work-plus-fee approach, ensuring full transparency in pricing and contractor selection.

b. Budget Management : Develop and manage the budget for the project, ensuring that the total project cost does not exceed the established budget.

c. Competitive Bidding: Administer a competitive bidding process for all subcontractor packages, maintaining fair and open selection practices.

d. Risk Management: Provide risk mitigation strategies during both preconstruction and construction, minimizing potential disruptions to the project timeline and budget.

The selected firm must demonstrate a proven ability to manage complex projects through both the preconstruction and construction phases, with an emphasis on transparency, collaboration, and cost control.

4. Construction Supervision and Closeout Phase

a. Owner's Representative: Must act in the best interest of the town throughout the entirety of the project, including but not limited to: providing advice and consultation

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/ with respect to design, value engineering, scope of work, and cost estimating; general contractor and subcontractor prequalification, scheduling, and construction.

b. Punch List Resolution: Organize and expedite punch list activities to achieve substantial completion. Oversee the implementation of corrective actions by contractors.

c. System Commissioning: Verify the performance of mechanical, electrical, and other critical systems through a structured commissioning process. Document test results and resolve any deficiencies.

d. Move-In Coordination: Develop a detailed move-in plan, coordinate with the Town’s staff and vendors, and oversee all move-in activities to ensure a smooth transition into the new library.

e. As-Built Documentation: Manage the preparation and delivery of as-built drawings, operation manuals, and warranty documentation to the Town.

f. Closeout Reporting: Prepare a comprehensive project closeout report, summarizing financial performance, schedule adherence, quality metrics, and lessons learned.

g. Training: Provide an adequate training program to staff on systems and start up of mechanical equipment utilized within the space as well as routine "best practices" that should take place to properly maintain equipment.

EVALUATION CRITERIA:

The Town reserves the right to waive any and all formalities and to award the contract on the basis of competitive negotiations to the firm it deems most qualified based upon professional competency, technical merit, and experience with similar work and price.

The following criteria will be considered (not necessarily in the listed order) by the Town in evaluating the proposals submitted and making this award:

1. Company Qualifications and Relevant Experience: Demonstrated experience in project management and construction management for projects of similar size, scope, and complexity, particularly for public library or municipal facilities.

2. Personnel Qualifications and Staffing Plan: Proposed staffing plan, including the qualifications and experience of key project team members, with a focus on their expertise in project and construction management.

3. Knowledge of Middletown and Library Needs: Familiarity with the Town of Middletown, its community priorities, and the specific needs of the Middletown Public Library.

4. Total Project Management Experience: Proven ability to provide comprehensive project management services throughout all project phases, including planning, preconstruction, construction, and closeout.

5. Cost Management and Budgeting Skills: Demonstrated ability to develop and manage total project and capital budgets, perform reliable cost estimating, and oversee constructability reviews.

6. Value Engineering Expertise: Experience in providing value engineering services to identify cost-saving measures while maintaining project goals and design intent.

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/

7. Team Collaboration and Communication Skills: Strong communication skills and a demonstrated ability to collaborate effectively with the Building Committee, library administration, town officials, and other stakeholders.

8. Client Recommendations and References: Positive recommendations and references from current and previous clients, highlighting successful delivery of similar projects.

9. Extent and Depth of Services Offered: Breadth of services and resources available to ensure successful project completion, including expertise in managing complex schedules, stakeholder engagement, and risk mitigation.

10. Innovative Problem-Solving Ability: Evidence of creative approaches to challenges encountered in past projects, ensuring timely and cost-effective solutions.

11. Cost of the Project: Proposal should include each phase separated (Preconstruction, Construction Management, and Construction Supervision/Closeout). Proposers must propose a cost for all phases of the project.

Proposals will be evaluated based on these criteria to ensure the selection of a firm that demonstrates the capability, expertise, and resources required to deliver this critical project for Middletown and its library patrons.

Based upon the evaluation of proposals submitted, the Town may require formal presentations before a review committee regarding qualifications, project approach, and the ability to provide the required services to best serve the needs of the town of Middletown.

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/

VI. PROPOSAL DOCUMENTS TO BE RETURNED

Proposals should be clearly labeled and submitted in a sealed envelope or box bearing the name of the Proposer, RFQ number, and submittal deadline. Proposer’s authorized representative must properly initial any erasures or alterations of any kind. Proposals that contain omissions or improper erasures or irregularities may be rejected. No oral, electronic, telegraphic, or telephonic proposals or modifications will be considered. The following documents must be completed and submitted on or before the submittal deadline for the proposal to be considered complete:

1. Proposal Form

2. Non-Collusion Affidavit

3. Proposer’s Statement Regarding Insurance Coverage

4. Proposer Statement of Relevant Experience

Additional information to be provided:

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

2. Location of the company offices;

3. Number of employees both locally and nationally;

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

5. Name, address, and telephone number of the Proposer’s point of contact for a contract resulting from this RFQ;

6. Company background/history and why Proposer is qualified to provide the services described in this RFQ;

7. Length of time Proposer has been providing services described in this RFQ. Please provide a brief description;

8. Resumes for key staff to be responsible for performance of any contract resulting from this RFQ;

9. Cost of Service for the entire project broken down by phase (Preconstruction, Construction Management, and Construction supervision/Closeout). Proposers must submit costs for all phases of the project

Proposals must be submitted on preprinted forms supplied by the Finance Office.

Proposers shall submit one (1) original proposal marked “MASTER”, and ten (10) identical copies on or before the submittal deadline.

Town of Middletown, RI Request for Qualifications - MIDD-025-002

Town of Middletown-Library Renovation-Project Management/Construction Manager/

VII. PROPOSAL FORM

NAME AND ADDRESS OF FIRM:

Firm Name

Mailing Address

City/Town, State, & Zip

Phone and email address

Type of business (corporation, partnership, sole proprietorship)

The undersigned agrees that he will contract with the Town of Middletown to provide all necessary labor, supervision, tools, and other means to do all the work and furnish all the materials specified in the contract in the manner and time therein prescribed, and that he will take in full payment the amount set forth hereon.

The Request for Qualifications, all addenda, and the following documents by this reference are hereby made a part of this proposal:

1. Request for Qualifications

2. Instructions to Proposer

3. Terms and Conditions

4. Special Provisions for Services

5. Objective/Scope of Work & Evaluation

Criteria

6. Proposal Documents to be Returned

7. Proposal Form

8. Non-Collusion Affidavit

9. Insurance Coverage

10. Statement of Relevant Experience

Bidder acknowledges receipt (if applicable) of Addenda Number(s) and date(s)_____( / ), _____( / ), and _____( / ).

Name of Authorized Representative (print)

Signature Title

Town of Middletown, RI Request for…