RFP 2023-01- Construction Project Manager Services

NOTICE INVITING REQUEST FOR PROPOSALS

FOR CONSTRUCTION PROJECT MANAGER

 

MUSEO DE ARTE DE PONCE

PONCE, PUERTO RICO

Construction Project Manager Services

 

RFP 2023-01

 

NOTICE IS HEREBY GIVEN THAT the LUIS A. FERRÉ FOUNDATION, DBA MUSEO DE ARTE DE PONCE, in Ponce, Puerto Rico, will receive Request for Proposals (RFP) for Construction Project Manager Services related to the Repair, Reconstruction and Seismic Retrofitting Services of the Museum Building after the 2020 Earthquakes.

 

General Work Description: The Luis A. Ferré Foundation (“Museo de Arte de Ponce or MAP”) seeks to retain an individual to provide skilled Construction Project Management services to oversee and manage the retrofit construction project from initiation to completion. The primary goal will be to ensure the successful execution of retrofit projects, adhering to timelines, budgets, and quality standards. This resource will support the organization with the administration, oversight, team coordination, problem solving, and coordination of the federally-funded repair, reconstruction and seismic retrofitting services of the Museum building. The Construction Project Manager will report directly to Museo’s designated internal project leader(s) and will interact with MAP’s stakeholders, the project committee, and will provide planning, procurement, oversight, and management services for all project team members. This resource must also demonstrate skill, experience, and expertise to meet The Luis A. Ferré Foundation, DBA Museo de Arte de Ponce (MAP) requirements described within this document.

 

This project may include grant funding from FEMA and COR3, as well as funding from the MAP. As such, the project must comply with the applicable federal and local laws, regulations, and policies.

 

a.      Interested qualified parties are invited to submit proposals. The submittals are due October 27, 2023, in accordance with the instructions included in the RFP of reference.

 

Any candidates interested in this RFP should register by sending an email to: rfp@museoarteponce.org by October 11, 2023 to receive further communications from MAP. Notwithstanding the foregoing, it is each interested respondent’s responsibility to routinely review the MAP’s website for publication of amendments and notices regarding this RFP. Registration is not required for respondents to submit a proposal.

 

All inquiries, requests for additional information and questions must also be submitted electronically to rfp@museoarteponce.org no later than October 18, 2023. All communications regarding this RFP must include the RFP number in the subject line. Interested respondents must direct all communications related to this RFP to rfp@museoarteponce.org.

 

Responses to any inquiries received, if any, will be distributed via Addendum by email to all interested parties who registered for this RFP pursuant to these instructions by October 20, 2023. Any other Addenda or other Notices will also be distributed by email to registered respondents. All Addenda and Notices will also be published on MAP’s website.

 

Date Event
October 4, 2023 RFP Publication in Website
October 4, 2023 RFP Publication in Newspaper
October 11, 2023 Deadline to Register, 5 pm EST
October 18, 2023 Inquiry deadline, 5 pm EST
October 20, 2022 Response to Inquiries
October 27, 2023 Deadline to submit Proposals; 5 pm EST
November 3, 2023 Finalist interviews (at the discretion of MAP)
November 10, 2023 Notice of award expected date

 

 

Submissions received after the date and time stated above will not be considered. It is each respondent’s responsibility to ensure timely submitted of its proposal. Please note that the RFP timeline included above is an estimate and subject to change at the sole discretion of MAP.

A. DESCRIPTION OF WORK 

 

  1. INTRODUCTION.

 

Built in 1965, Museo de Arte de Ponce (MAP) is an art museum located on Luis A. Ferré Aguayo Boulevard in Ponce, Puerto Rico. It houses a collection of European art as well as works by Puerto Rican artists. The Museum contains one of the most important Pre-Raphaelite collections in the Western Hemisphere.

 

MAP is considered one of the finest art museums in Puerto Rico and in the Caribbean. It has also been called one of the best museums in the Americas. It was the first museum in Puerto Rico accredited by the American Alliance of Museums. There are two main structures that comprise the MAP: the Durell Stone Building, where the galleries are located; and the Annex Building, where the library, archive, conservation laboratory, store, art storage, and administrative offices are located.

 

The qualified successful respondent shall be fully experienced with:

 

  • Leading the planning, coordination, and execution of seismic retrofit construction projects.
  • Working with structural engineer professionals and structural topics on projects.
  • Familiarity with construction/ project management software.
  • Finalizing the development and review of the Owners Representative (OR) drafted Request for Proposals (RFP’s) as the construction phases moves forward.
  • Reviewing and reporting to Stakeholders the OR developed detailed construction cost estimates for schematic design, design documents, and construction document phases of work.
  • Reviewing and making recommendations of OR development of cost analysis of alternative design decisions and value engineering.
  • Reviewing and making recommendations of OR development of construction phasing and scheduling.
  • Working in coordination with FEMA consultant and make recommendations to MAP regarding the requirements of FEMA funded projects; and the requirements of the State Historical Preservation Office (SHPO);

 

The Project will involve the repair and retrofitting of the museum after the earthquakes of 2020. This will include the coordination of multiple contractors, establishing budgets and schedules.

2.      PROJECT INFORMATION.

 

a) Background

 

The Earthquakes

 

On January 7, 2020, the southwest of Puerto Rico was impacted by a 6.4M earthquake with a series of aftershocks greater than 5M that led to a 5.9M earthquake on January 11, 2020, affecting the Durrell Stone Building and the Annex Building, Event 4473DR-PR (4473DR). Several earthquakes and seismic activity continued for several months in 2020. The Durell Stone building presented extensive cracking and separation of exterior concrete masonry walls, interior lath and plaster; concrete walls, ceiling plaster triangles, architectural features and other building components were also damaged. The building was immediately evacuated, and the collection safeguarded, the building has remained closed to the public until this day due to the earthquake damage.

 

The building consists of structural cantilever columns, concrete roof and floor slab and nonstructural CMU perimeter walls. All interior walls are CMU with wood studs and gypsum board furring for exhibition purposes. It is important to note that the seismic force resisting system consists only on the cantilever columns. Structures that utilize this type of system often have limited redundancy and over-strength, and have substantially less energy dissipation capacity than other systems, due to concentration of inelastic behavior at the column base.

 

 

The City of Ponce

 

Ponce was founded on August 12, 1692 and is named for Juan Ponce de León y Loayza, the great-grandson of Spanish conquistador Juan Ponce de León. Ponce is often referred to as La Perla del Sur and La Ciudad Señorial. It is both a city and a municipality on the southern coast of Puerto Rico. Ponce is the fourth most populated city outside the San Juan metropolitan area with a population of 166,327 and serves a total population of around 498,776 considering the surrounding towns in the southern part of the island.

 

The Museum

 

Designed by Architect Edward Durell Stone, the Museum was constructed in 1965 and is a product of an extended design process. Durell Stone was honored with the award from the American Institute of Architects in 1967 for the design of the MAP. The main footprint of the Museum is 50,994 square feet.

 

b) Project Funding.

 

This project may include grant funding from FEMA and COR3, as well as funding from the MAP. As such, the project must comply with the applicable federal and local laws, regulations, and policies.

 

c) Federal Project Requirements.

 

The selected respondent shall review and approve the tasks that the OR is responsible for. The Construction Project Manager should be involved in tasks such as managing, providing guidance to the owner for the design and construction activities in accordance with all applicable local and federal requirements. The selected respondent shall oversee the determining, adhering to, and incorporating the local and federal requirements into the project. See section “E” for Special Provisions for Federally-Funded Projects.

 

d)     Scope of Services.

 

The scope of services includes assistance to MAP’s project team during the process of planning, design, construction, closeout, and warranty periods. Below are examples of services, responsibilities, and requirements of the successful respondent. The list below are examples of the expected services, but should not be assumed to be an exhaustive or all-encompassing list of the required services.

The Construction Project Manager services include, but are not limited to:

-The Construction Project Manager shall be the main point of contact for the MAP’s team and assume the existing workload of current MAP employees and will provide direction to the architect/engineer, the contractor, and all other associated outsourced project participants.

-The Construction Project Manager will monitor the progress of the project and is responsible for compiling status and financial reports and all required documentation.

-Collaborate with stakeholders, such as architects, engineers, contractors, subcontractors and third parties, Luis A. Ferré Foundation’s Board of Trustees and Museo de Arte de Ponce’s designated staff, to define project scope, goals, and deliverables.

-Develop internal project goals and deliverables based on the detailed project plans, including project objectives, timelines, and budgets, and regularly monitor progress against established targets from the Owner’s Representative and other contractors.

-Conduct site visits, at least 2-3 times a week or up to 5 times a week (depending on the stage of the project) as required by MAP, to assess project requirements, identify potential challenges, and ensure compliance with safety regulations and building codes.

-Manage project budgets, track expenses, and make necessary adjustments to ensure cost-effectiveness and adherence to financial targets.

-Provide weekly project updates to stakeholders, including progress reports, risk assessments, identifying obstacles of challenges that may arise, find solutions and mitigation strategies.

-Participate of all in person or virtual meetings, take minutes, manage project documentation, including contracts, permits, change orders, correspondence related to the project, meeting notes, and other relevant records.

-Foster effective communication and collaboration among project team members, help manage conflicts to find solutions, looking for a positive and productive work environment.

-Perform other functions, activities and responsibilities that may be required by Luis A. Ferré Foundation trustees, building committee, and MAP.

 

At a minimum, the Construction Project Manager will excel in the below areas and perform the following:

  • Project Planning and Strategy: Review and approve the OR’s project plan and execute on behalf of MAP the comprehensive project plan, including timelines, milestones, and deliverables. This will also include:
    • Review and approve OR’s status, track, and summary of all agreements and amendments for all vendors working directly for the Museo on the project.
    • Review and approve OR’s tracking and documenting of actual cost spent as compared to committed cost.
    • Review and approve OR’s tracking and documenting the contingency use on the project to support close-out requirements.
    • Review and approve OR’s master project schedule using the critical path method. The master schedule shall be updated monthly. The schedule components shall be cost and resource loaded and track activities, durations, and resources to achieve substantial and project completion.
    • Budget Management: Create and manage the project budget, ensuring it aligns with the museum’s financial resources and goals. Monitor project expenditures, report on variances, and recommend cost-saving measures.
    • Stakeholder Engagement: Foster positive relationships with stakeholders, including museum staff, donors, and community members. Address any concerns or inquiries related to the construction project.
    • Safety and Security: Prioritize the safety of all personnel and visitors throughout the construction process. Implement all the required institutional security measures to protect museum assets and collections.
    • Project Closeout: Ensure the successful completion of the project within the defined scope, schedule, and budget. Facilitate a smooth transition from construction to Project acceptance and the museum operations.
  • The Construction Project Manager may be asked to participate in the establishment of end-user groups and be solely responsible for set-up and coordination of all meetings and interactions between the end- user groups, the architect/engineer, and the CM/GC. The Construction Project Manager is required to be at all project-based meetings throughout the project.

 

  • The Internal Project Manager, acting on behalf of the Museo, and with prior Museo approval, must recommend approval for all changes to the project scope, cost, and schedule. At the end of the project, the Construction Project Manager must communicate the Museo’s approval of substantial completion and final completion.

 

  • The Construction Project Manager will report directly to the Museo’s designated internal project leader who is responsible for overall project administration and execution.

 

  • The Construction Project Manager will provide ongoing review, tracking, and oversight of the approved work of the Architect/Engineer and Construction Manager(s) or General Contractor(s) and assist the Museo in both project management and technical matters.

 

  • Assist the Museo during the design, construction, and close-out periods of the project, including the facility acceptance.

 

  • The Construction Project Manager will review and recommend approval of estimates, estimate reconciliation, Guaranteed Maximum Price buyout, bid package buyout, project schedules, change order pricing, submittals, and requests for information (RFI) made by the OR.

 

  • The Construction Project Manager will oversee drafting of all agreement and amendment documents for execution on the project and will also complete all MAP internal processes to support agreement execution for the project.

 

  • The Museo will require the selected Construction Project Manager to review and make recommendations, for the benefit of the project, the OR’s developed issues log, risk register, budget and cost tracking document, vendor payment log, submittal register, RFI log, and change management log. All elements listed above are reported and discussed during a monthly project review meeting that is documented with a monthly report.

 

  • The Construction Project Manager team shall review and recommend, all discipline, reviews of the design, drawings, and specifications at various stages of development. The individual will complete, at a minimum, one review at 100% DD (Design Development) and 95% CD (Construction Documents) ensuring that all comments are addressed and resolved with the design team.

 

  • Conduct status, and installation review meetings as required to meet schedule, rigor, and project needs.

 

  • Perform site visits, as necessary, to observe progress and observe component and system installations. Attend planning and project meetings to obtain information on construction progress. Assist in resolving any discrepancies.

 

  • Work in coordination with FEMA consultant and make recommendations to MAP regarding the requirements of FEMA funded projects; and the requirements of the State Historical Preservation Office (SHPO);

 

 

End of Section

 

B. GENERAL TERMS AND CONDITIONS

 

 

1.      PROPOSAL REQUIREMENTS

 

a.      Requirement to Meet All Provisions.

 

Each candidate submitting a proposal shall meet all of the terms, and conditions of the Request for Proposal (RFP) specifications package. In submitting a proposal, the Respondent acknowledges agreement with and acceptance of all provisions of the RFP specifications.

 

b.      Proposal Submittal.

 

Respondents shall submit one hard copy of the Proposal along with one electronic copy on a USB drive in a sealed envelope to the following address:

 

Museo de Arte de Ponce

2325 Blvd. Luis A. Ferré Aguayo

Ponce, PR 00717.

 

Respondents must include the RFP Number, RFP title, RFP deadline date and time, and Respondent name, address, telephone number, and email on the sealed envelope. The first page of the proposal shall indicate the RFP number indicated on the cover page of this RFP. Any requirements in the RFP that cannot be met must be so indicated in the proposal. Respondents must respond to the entire RFP. If a price proposal form is provided in Microsoft Excel format, Respondent shall return its completed price proposal form in Microsoft Excel format, in addition to the remaining portions of its response to this RFP in PDF format.

 

No FAX submittals will be accepted.

 

c.       Proposal Content Format.

 

Respondents must strictly adhere to the format outlined in Section C of this RFP titled “Special Terms and Conditions” to ensure proper evaluation of the submitted proposals. Any proposals that deviate from the content requirements and order outlined in Section C may be deemed nonresponsive by MAP.

 

d.      Proposal Withdrawal and Opening.

 

A Respondent may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the MAP for its withdrawal, in which event the proposal will be returned to the Respondent unopened. No proposal received after the time specified or at any place other than that stated in the «Notice Requesting Proposals» will be considered. All proposals will be opened and declared publicly.

 

e.       Submittal of One Proposal Only.

 

No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity which has submitted a sub-proposal to a Consultant submitting a proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other Consultants submitting proposals.

 

f.        Communications.

 

All timely requests for information submitted in writing will receive a written response in the form of an Addendum from MAP. All communications related to this RFP must be directed to the email previously identified in this RFP and must reference this name and number of this RFP in the subject line.

 

2.      AGREEMENT AWARD AND EXECUTION

 

a.      Proposal Retention and Award.

 

MAP reserves the right to retain all proposals for a period of 60 days for examination and comparison. MAP also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations, and to make award to the most qualified responsive Respondent as the interest of MAP may require. See the Special Terms and Conditions for any other proposal evaluation and award criteria.

 

b.      Competency and Responsibility of Consultant.

 

MAP reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Respondents. Respondents will provide, in a timely manner, any and all information which the MAP deems necessary to make such a decision.

 

c.       Agreement Requirement.

 

The Respondent to whom this award is made shall execute a written contract with MAP within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by MAP.

 

d.      Failure to Accept Agreement.

 

The following will occur if the Respondent to whom the award is made fails to enter into the contract: the award will be annulled and an award may be made to the next qualified, Respondent who shall fulfill every stipulation as if it were the party to whom the first award was made.

 

e.       Insurance Requirements.

 

The selected Respondent shall provide proof of insurance in the form, coverages, and amounts specified in section D ‘’Insurance Requirements’ of this RFP within ten (10) calendar days after notice of contract award as a precondition to contract execution.

 

f.        Business License.

 

The selected Respondent must have a valid Puerto Rico business license/registration (Registro de Comerciante/Merchant’s Certificate) prior to execution of the contract.

 

3.      CONTRACT PERFORMANCE

 

a.      Ability to Perform.

 

The Respondent warrants that it possesses, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal and local laws, ordinances, and regulations.

 

b.      Laws to be Observed.

 

The Respondent shall keep itself fully informed of and shall observe and comply with all

applicable local and federal laws and regulations and adopted codes during its performance of the work.

 

c.       Payment of Taxes.

 

The contract prices shall include full compensation for all taxes, which the Respondent is

required to pay.

 

d.      Permits and Licenses.

 

The Respondent shall procure all permits and licenses associated with doing business, pay all charges and fees, and give all notices necessary.

 

e.       Safety Provisions.

 

The Respondent shall conform to the rules and regulations pertaining to safety established by OSHA and the Puerto Rico agencies.

 

f.        Consultant Non-Discrimination.

 

In the performance of this work, the Respondent agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. Also, the Respondent will comply with all local and federal anti-discrimination statutes and regulations, and make sure that any subcontractors will also do so.

 

g.      Work Delays.

 

Should the selected Respondent be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the MAP, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at MAP’s sole option, be extended for such periods as may be agreed upon by MAP and the selected Respondent. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, MAP may, at the time of acceptance of the work, waive damages which may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.

 

h.      Payment Terms.

 

MAP’s payment terms are 30 days from the receipt of an original invoice and acceptance by MAP of the materials, supplies, equipment, or services provided by the selected Respondent (Net 30).

 

i.        Inspection.

 

The selected Respondent shall furnish MAP with every reasonable opportunity for MAP to ascertain that the services of the selected Respondent are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to MAP’s inspection and approval. The inspection of such work shall not relieve selected Respondent of any of its obligations to fulfill its contract requirements.

 

j.        Audit.

 

MAP shall have the option of inspecting and/or auditing all records and other written materials used by selected Respondent in preparing its invoices to MAP as a condition precedent to any payment to Respondent.

 

 

k.      Interests of Respondent

 

The selected Respondent covenants that it presently has no interest and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. The selected Respondent further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The selected Respondent certifies that no one who has or will have any financial interest in performing this work is an officer or employee of MAP. It is hereby expressly agreed that, in the performance of the work hereunder, the Selected Respondent shall at all times be deemed an independent contractor and not an agent or employee of MAP.

 

l.        MBE/WBE and Section 3 Requirements.

 

i.            Six (6) Affirmative Steps

The Code of Federal Regulations Title 40 Part 31.36(e), “Procurement,” requires the Recipient to take all necessary affirmative steps to assure that minority-owned and women-owned businesses are afforded contracting opportunities. This policy applies to all contracts, subcontracts and procurements for services (including engineering and legal), supplies, equipment, and construction. The goal of this policy is to make MBE/WBE firms aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. To achieve this goal, the affirmative steps, otherwise known as “six good faith efforts,” that must be followed are:

 

 

  1. Include qualified small and minority businesses and women’s business enterprises on solicitation lists;

 

  1. Ensure that small and minority and women’s businesses are solicited whenever they are potential sources of products or services to be bid;

 

  1. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by small and minority and women’s businesses (i.e. provide alternative bidding scenarios);

 

  1. Establish delivery schedules to encourage participation by small and minority and women businesses (i.e. timing and flexibility);

 

  1. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency, U.S. Department of Commerce;

 

  1. Require the Prime Contractor to take affirmative steps as outlined in items one through five above to subcontract with small and minority and women’s businesses, if they award subcontracts.

 

ii.         “Good Faith” Effort Compliance Documentation

 

The Recipient and Prime Contractors must provide documentation to support a “good faith” effort in the solicitation of MBE and WBE firms only. A Prime Contractor is a business concern that enters into written agreements directly with the Recipient which includes agreements to provide services (including engineering and legal), supplies, equipment and construction. The submission of documentation to support a “good faith” effort in the solicitation of Small Business Enterprise is not required; however, the Recipient and Prime Contractor must maintain this documentation in their files for possible future reference. Documentation may include the following:

  1. Copies of announcements/postings in newspapers or other media for specific contracting/subcontracting opportunities. Include language in announcements/postings that MBE/WBE firms are encouraged to bid.
  2. Copies of announcements/postings of contracting/subcontracting opportunities in trade publications or minority media that target MBE and/or WBE firms.
  3. Documentation of sources used to identify potential MBE/WBE firms.
  4. Documentation of contacts with MBE/WBE firms, including the firm name, address, telephone number dates of phone calls, letters and the contract results.
  5. Copies of direct solicitation letters sent to all MBE/WBE firms.
  6. Copies of the MBE/WBE certification documentation for all proposed prime and subcontractor MBE/WBE firms
  7. Documentation showing Prime Contractor has made the six good faith efforts to seek qualified MBE/WBE subcontracts – to the extent they use subcontractors.

 

Searches should be done of potentially qualified MBE/WBE businesses. From these lists, identify those businesses in the area to directly solicit. Solicit businesses that you would reasonably expect to respond and submit a quote. To ensure the Recipient is given credit for good-faith outreach efforts, the Recipient should document the searches executed and the results of the searches, describe criteria used to determine who on the list(s) to directly solicit (probably area code or distance) and describe any other resources used to seek qualified MBE/WBE firms to solicit. The Recipient must pass the outreach guidance to Prime Contractors because they are likewise required to make good faith outreach efforts when searching of MBE/WBE subcontractors. Prime Contractors are also required to document their outreach efforts just as project owners are.

 

iii.       Section 3 Requirements

 

  1. Project Owner

The Project Owner, as a recipient of more than $200,000 in HOME/CDBG (as applicable) funds, shall meet Section 3 objectives to the greatest extent feasible in accordance with all Federal, state and local laws and regulations for training, employment and contracting opportunities generated as a result of the project.

 

  1. Prime Contractors

Contractors and subcontractors performing work on the project for which the amount of the contract or subcontract exceeds $100,000, shall meet Section 3 objectives to the greatest extent feasible in accordance with all Federal, state and local laws and regulations for training, employment and contracting opportunities generated as a result of the project.

 

  1. Material Suppliers

Section 3 objectives are not applicable to contracts for the purchase of supplies and materials that do not include the installation of the material. However, Section 3 objectives are applicable whenever a contract for materials, which exceeds $100,000, includes the installation of the materials.

 

  1. Applicability to Entire Project

Section 3 requirements apply to the entire project.

 

 End of Section

 

C. SPECIAL TERMS AND CONDITIONS

 

1.      PROPOSAL CONTENT.

 

The Proposal must include the following information in the order listed below. Any proposals that deviate from the content requirements and order outlined below may be deemed nonresponsive by MAP.

a.      Executive Summary

The Executive Summary should be presented in letter format and must be signed by an individual who is authorized to negotiate terms, render binding decisions and commit the resources (e.g., the president or executive director of a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship). The letter should provide a brief history and description of the individual’s business organization and experience as it relates to the requirements discussed previously, include the location of offices and the number, include a discussion of the specific expertise and services that distinguish the individual, as well as the individual’s understanding of the RFP requirements and approach to the same.

 

b.      Qualifications of Consultant and Subcontractors

 

Notice is hereby given to all interested parties that all candidates will be required to meet all of the minimum qualifications to be considered for this project. To be recognized as qualified, interested firms shall have, as a minimum:

  1. Provided Construction Project Management services within the last three (3) years for at least two (2) projects each more than $2,500,000.00 (project costs).
  2. The proposed individual must have experience providing Construction Project Manager services for at least three (3) renovation focused projects of similar scope and complexity.
  3. Demonstrated experience managing multiple construction projects at the same time where the contracting may include prime trade contractors, general contractors, and CM/GC delivery methods.
  4. Candidates must comply with all applicable local licensing and other legal requirements to provide Internal Project Manager’s Owner’s Representative services in Puerto Rico, including any construction management and engineering licensing, as applicable.

 

  1. Additional Preferred Qualifications

The following distinguishing experiences are additional requirements for consideration for this RFP. It is encouraged that all proposing individuals possess these skills, but it is not required. Selection preference will be considered for firms with the best and most recent experience.

  1. A project manager who has demonstrated experience working with and successfully met the goals of an executive-level oversight committee.
  2. Relevant experience in managing public sector planning, design, and construction projects.
  3. Mastery of developing and maintaining program/project schedules that consolidate multiple projects.
  4. Demonstrated success in construction estimating, construction cost forecasting, and verification of total project costs.
  5. Experience operating, managing, and providing value with integrated project management control systems.
  6. Provide examples of previous projects that demonstrate experience managing involving museums or fine arts facilities.
  7. Proven experience as a project manager in retrofit construction, with a strong understanding of construction principles, practices, and regulations.
  8. Excellent organizational and time management skills, with the ability to manage multiple projects simultaneously and meet deadlines.
  9. Strong leadership and team management abilities, with the capacity to motivate and inspire cross-functional teams.
  10. Exceptional communication skills, both written and verbal in Spanish and English, with the ability to effectively interact with stakeholders at all levels.
  11. Proficient in project management software, scheduling tools, and MS Office Suite.
  12. Knowledge of building codes, regulations, and safety standards relevant to retrofit construction projects.
  13. Ability to analyze problems, identify solutions, and make sound decisions based on project objectives and constraints.
  14. Ability to work as part of a team and independently, attention to detail and remaining calm under pressure in a fast-paced work environment.
  15. Flexibility and adaptability to respond to shifting priorities as tasked.
  16. Possess vision, patience, perseverance, tact and diplomacy.
  17. Professional with excellent work ethic.

 

  1. Plan of Work (Approach to Project)

 

  1. Respondent should provide in their response the Project Management approach to be utilized in this engagement. The approach should outline:
    1. Reporting to Stakeholders,
    2. Development and managing budget for the project,
    3. Coordination with other team members in the development goals, schedule, tasks, and deliverables.
  2. Describe how your approach to this project will keep Stakeholders apprised of Project Risks and Issues.
  3. Any other information that would assist the Museum in making this contract award decision.

e.       Cost Proposal.

 

Proposed work hours and hourly billing rates. Respondents must use the attached Cost Proposal Form included as an exhibit to this RFP. Respondents must provide an hourly rate for the position included in the Cost Proposal Form.

f.        Certifications.

Respondent must include the executed Certification Regarding Debarment, Suspension and Other Responsibility Matters, Certification Regarding Lobbying, and all signed proposal Addenda in their proposal submission.

  1. PROPOSAL LENGTH AND COPIES TO BE SUBMITTED.

Respondents shall submit one hard copy of the Proposal along with one electronic copy on a USB drive in a sealed envelope to the following address:

 

Museo de Arte de Ponce

2325 Blvd. Luis A. Ferré Aguayo

Ponce, PR 00717.

 

Respondents must include the RFP Number, RFP title, RFP deadline date and time, and Respondent name, address, telephone number, and email on the sealed envelope. The first page of the proposal shall indicate the RFP number indicated on the cover page of this RFP. Any requirements in the RFP that cannot be met must be so indicated in the proposal. Respondents must respond to the entire RFP. If a price proposal form is provided in Microsoft Excel format, Respondent shall return its completed price proposal form in Microsoft Excel format, in addition to the remaining portions of its response to this RFP in PDF format. No FAX submittals will be accepted.

 

3.      PROPOSAL EVALUATION AND CONSULTANT SELECTION.

 

Respondents will be evaluated by a review committee based on the following criteria/points:

 

  • 15 Demonstrated competence and professional qualifications necessary for satisfactory        performance of the work required by MAP.

 

  • 15 Background/related experience of the specific individuals and consultants assigned to this project.

 

  • 15 Recent Construction Project Manager experience in repair of historic facilities

 

  • 15 Proposed approach and time frame in completing the work.

 

  • 10 Experience working with FEMA and SHPO projects.

 

  • 10 Comparison of the unit rate for the position included in the Cost Proposal.

 

  • 10 Understanding of the work required by MAP and walk-through participation.

 

  • 10 Quality and responsiveness of the proposal.

 

100      Total Points

 

As reflected above, the selection will not be based on price, but on a combination of factors as determined to be in the best interest of MAP. After evaluating the proposals, the review committee may choose to conduct interviews with the top respondents. The committee will rate respondents as to the most qualified consultant for the job. MAP reserves the right to further negotiate the proposed work and/or method and amount of compensation with the top-rated consultant. If an agreement is not reached, negotiations will be discontinued and MAP may begin negotiations with the next designated consultant on the list. MAP reserves the right at its sole discretion to reject any and all proposals or to cancel this RFP entirely if determined to be in its best interest.

4.      PROPOSAL REVIEW, CONSULTANT SELECTION AND AWARD SCHEDULE.

 

The following is an outline of the anticipated schedule for proposal review and agreement award. MAP may alter this schedule at its sole discretion:

 

Date Event
October 4, 2023 RFP Publication in Website
October 4, 2023 RFP Publication in Newspaper
October 11, 2023 Deadline to Register, 5 pm EST
October 18, 2023 Inquiry deadline, 5 pm EST
October 20, 2022 Response to Inquiries
October 27, 2023 Deadline to submit Proposals; 5 pm EST
November 3, 2023 Finalist interviews (at the discretion of MAP)
November 10, 2023 Notice of award expected date

 

 

5.      PROJECT MANAGEMENT.

 

The proposal must identify a Construction Project Manager who will oversee all work to be done throughout the duration of this program. The Construction Project Manager appointed at the beginning of the project should remain throughout the project until its completion. The Construction Project Manager must have an established record for completing projects on time and within budget. The Construction Project Manager will be the liaison between MAP staff, the architectural and Construction firms, and with staff of other involved agencies.

 

 

 

 

6.      INFORMATION PROVIDED BY MAP.

MAP shall make available to the Consultant copies of any maps, plans, record drawings and survey notes in its possession which are applicable to the project. MAP does not guarantee the accuracy

of the maps, plans, record drawings and survey notes; therefore, it is the responsibility of the selected Consultant for field checking and verifying information prior to its use.

 

7.      INSURANCE REQUIREMENTS.

Refer to Section “D” requirements for Respondents. Respondent shall supply information on the provided Insurance summary sheet showing the names of insurance carriers and levels of insurance routinely carried by the Respondent during the normal course of business. Respondent shall be responsible to verify that current coverages are adequate prior to submitting proposal and are encouraged to submit information to Project Manager, prior to proposal submittal, so that a determination by MAP can be made. If current coverages are not adequate, then respondent is responsible to obtain adequate insurance prior to award of contract.

 

8.      AGREEMENT EXTENSION.

The term of the agreement may be extended by mutual consent. During this extended period, lump sum prices may not be increased.

 

9.      CONSULTANT INVOICES.

The selected Respondent shall submit a monthly statement to MAP for work completed, itemized by task. Statements shall reflect total hours billed and hourly charge rates for extra work and “hourly not to exceed” tasks.

 

10.  OWNERSHIP OF MATERIALS.

All original drawings, plan documents and other materials prepared by or in possession of the selected Respondent as part of the work or services under these specifications shall become the permanent property of MAP, and shall be delivered to MAP upon demand, as indicated in the contract.

 

11.  RELEASE OF REPORTS AND INFORMATION.

Any reports, information, data, or other material given to, prepared by or assembled by the selected Respondent as part of the work or services under these specifications shall be the property of MAP and shall not be made available to any individual or organization by the selected Respondent without the prior written approval of MAP.

 

12.  COPIES OF REPORTS AND INFORMATION.

If MAP requests additional copies of reports, drawings, specifications, or any other material in addition to what the selected Respondent is required to furnish in limited quantities as part of the work or services under these specifications, the selected Respondent shall provide such additional copies as are requested, and MAP shall compensate the selected Respondent for the costs of duplicating of such copies at the selected Respondent’s direct expense.

 

13.  TERMINATION/TEMPORARY SUSPENSION OF CONTRACT.

 

If, at any time during the term of the contract MAP determines that the project is not feasible due to funding shortages or unforeseen circumstances, MAP reserves the right to terminate the contract or suspend the contract for a time until such issues are resolved. Selected Respondent will be paid compensation due and payable to the date of termination or temporary suspension.

 

14.  EXTRA WORK/WORK OUT OF SCOPE.

 

If the Project Manager and the selected Respondent believe that the work is outside of the scope of the original contract, the Respondent shall inform MAP immediately. If MAP and Respondent both agree that the work is outside of the project scope and is necessary to the successful completion of the project, then a fee will be established for such work based on Respondent’s hourly billing rates or a lump sum price agreed upon between MAP and the Respondent. Any extra work performed by the Respondent without prior written approval from MAP shall be at Respondent’s own expense.

 

End of Section

 

D. INSURANCE REQUIREMENTS

 

 

The selected Respondent as MAP’s Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant. Minimum Scope of Insurance – for consultant and subconsultants. Coverage shall be at least as broad as:

 

  1. Certification of insurance policy from the Corporación del Fondo del Seguro del Estado (CFSE) for all its employees and contractors. If the Consultant has employees and contractors that do not work in the Commonwealth of Puerto Rico or are not covered by the CFSE, then the Consultant must have an independent Workers Compensation policy for those individuals.

 

  1. Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to this project/location and the general aggregate limit shall be $2,000,000 and ISO coverage form CG2503- General Aggregate per Project.

 

  1. Errors and Omissions- The OR must have errors and omissions liability­ insurance as appropriate to the consultant’s profession that covers any damages caused. Minimum Limits of Insurance $1,000,000.

 

  1. Umbrella Policy with a $1,000,000 limit.

 

  1. Comprehensive or Business Automobile Liability; Personal Injury (including bodily Injury) and Property Damage – $1,000,000 & Hired & Non-Owned Auto Liability $1,000,000.

 

  1. Employer’s Liability – $1,000,000 Bodily Injury by Accident/ $1,000,000 Bodily Injury by Disease/ $1,000,000 Bodily Injury by Disease Aggregate

 

  1. Additional endorsement in favor of The Luis A. Ferré Foundation Inc. &/or Museo de Arte de Ponce.

 

  1. Hold Harmless Agreement

 

  1. Waiver Subrogation

 

  1. 60 Days Cancellation Notice &/or Non-Renewal

 

  1. Letter from Insurance Company certifying policy payment.

 

 

 

Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by MAP. At the option of MAP, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects MAP, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

 

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

 

  1. MAP, its officers, trustees, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to MAP, its officers, officials, employees, agents or volunteers.

 

  1. For any claims related to this project, the Consultant’s and subconsultant’s/subcontractor’s insurance coverage shall be primary insurance as respects to MAP, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by MAP, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

 

  1. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

 

  1. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to MAP.

Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-.

 

Verification of Coverage. Consultant shall furnish MAP with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by MAP before work commences and MAP can request an updated copy of the policy at any time.

 

 

 

E. SPECIAL PROVISIONS FOR FEDERALLY-FUNDED CONTRACTS

 

 

Provision (Appendix II Section) Applicability Notes
1 Legal/contractual/administrative remedies for breach of contract Greater than Simplified Acquisition Threshold (SAT)- $250,000
2 Termination for cause and convenience Greater than $10,000
3 Equal Employment Opportunity Construction work
4 Davis-Bacon Act Construction work Not required for Public

Assistance
5 Copeland “Anti-Kickback” Act Construction work greater than

$2,000

 Not required for Public Assistance grants
6 Contract Work Hours and Safety Standards Act Greater than $100,000 + mechanics or laborers
7 Rights to inventions made under a contract or agreement Funding agreement Not required for Public Assistance grants
8 Clean Air Act and federal Water Pollution Control Act Greater than $150,000
9 Debarment and Suspension Greater than $25,000
10 Byrd Anti-Lobbying Amendment Greater than $100,000; and Certification required for all contracts greater than $100,000
11 Procurement of Recovered Materials Non-Federal Entity is a state or political subdivision of a state. Work involves the use of materials and the contract is for more than $10,000.
12 Prohibition on Contracting for Covered Telecommunications Equipment or Services All FEMA declarations and awards issued on or after November 12, 2020.
13 Domestic Preferences for Procurements All FEMA declarations and awards issued on or after November 12, 2020.

 

 

 

 

Provision Applicability Notes
14 Access to Records All
15 Contract Changes or Modifications All
16 DHS Seal, Logo, and Flags All
17 Compliance with federal Law, Regulations and Executive Orders All
18 No Obligation by Federal Government All
19 Program Fraud and False or Fraudulent Statements or Related Acts All
20 Affirmative Socioeconomic Steps State entities: all FEMA declarations and awards issued on or after November 12, 2020.

Non-state entities: all procurements

 

F. REQUIRED CERTIFICATIONS

 

Certification Regarding Debarment, Suspension and Other Responsibility Matters

INSTRUCTIONS FOR CERTIFICATION

 

  1. By signing and submitting this proposal, the CONTRACTOR (referred to herein as the “prospective lower tier participant”) is providing the certification set out below.

 

  1. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

 

  1. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

 

  1. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

 

  1. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

 

  1. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

 

  1. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-Procurement Programs.

 

  1. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

 

  1. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

 

 

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AN VOLUNTARY EXCLUSION—LOWER TIER COVERED TRANSACTIONS

 

  • The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

 

  • Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

 

_______________________________________      ________________________________

CONTRACTOR Company Name                                                 RFP Number

 

_______________________________________

Name

 

_______________________________________

Title

 

_______________________________________      ________________________________

Signature                                                                     Date

 

Certification Regarding Lobbying

 

The undersigned certifies, to the best of his or her knowledge and belief, that:

 

  • No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

 

  • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned    shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

 

  • The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

 

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

 

CONTRACTOR certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, CONTRACTOR understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

 

_________________________________________

CONTRACTOR Name

_________________________________________

Signature of Contractor’s Authorized Official

_________________________________________            _____________________________

Name and Title of Contractor’s Authorized Official                             Date

 

 

G. COST PROPOSAL FORM

 

 Unless otherwise indicated in this Scope of Services, all services performed under this contract shall be paid in accordance with this Price Proposal.

 

An authorized representative of the firm offering this proposal must complete this form in its entirety. Prices entered herein shall not be subject to withdrawal or escalation by Respondent.

 

MAP does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Respondent plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other condition pertaining thereto.

 

Respondent:   ________________________________________________

 

By:   _______________________________________________________

 

Date:  ______________________________________________________

 

 

Labor rates shall include all equipment, tools, and supplies necessary for the employee to perform the tasks assigned, including any costs associated with necessary software or data management. Any other out of pocket expenses, such as travel related expenses, meal allowances, or hotel rooms shall be reimbursed at cost, with no mark-up, and must be pre-approved in writing by MAP. MAP reserves the right to select the proposal that it deems most advantageous to MAP, in its sole discretion, based on the evaluation factors as described in this RFP.