This is a service / maintenance or supply contract in Fountain Hills, Arizona. Contact the soliciting agency for additional information.

The Town of Fountain Hills (the "Town") is issuing this Request For Proposals (this "RFP") seeking proposals ("Proposals") from qualified, licensed firms ("Vendors") interested in providing professional services consisting of Construction Management (the "Services"), as more particularly described in the Scope of Work . In accordance with the Town's Procurement Code, the Town will accept sealed Proposals for the Services specified in the Scope of Work. Project Management. On-Site Management and Construction Phase Communication Procedures. The Project Management Consultant ("Consultant") shall provide and maintain a management team on the Project site to provide construction/ contract administration, to be the Town's representative, and to establish and implement coordination and communication procedures among Consultant, the Town, the design engineer and the Town's selected construction contractor ("Construction Contractor"). Construction observations for the Project shall be performed by Consultant personnel with sufficient expertise to determine whether the construction is proceeding in accordance with the construction contract documents included or incorporated in the Town's Invitation for Bids for the Project ("Contract Documents"). Construction observations shall be under the direct supervision of an engineer(s) registered in the State of Arizona and qualified to perform this work. Consultant shall comply with and have sufficient trained personnel to meet the construction schedule and man-hour requirements. Construction Administration Procedures. Consultant, with input from the Town, shall establish and implement procedures for: expediting and processing requests for information ("RFIs"); and review and approval of shop drawings, material and equipment sample submittals, contract schedule adjustments, change orders, material and equipment substitution requests and payment requests. Consultant shall establish and maintain logs for tracking all relevant information related to the above. Consultant shall maintain daily job reports and submit to the Town on a weekly basis. As the Town's representative at the construction site, Consultant shall be the party to whom RFIs, submittals, schedule adjustments, substitution requests, test results, change order requests and payment applications shall be submitted. Consultant shall process the requests and forward them to the Fountain Hills Public Works Director with a recommendation for approval or denial. After approval or denial, Consultant shall notify the Construction Contractor of the Public Works Director's decision. Construction Inspection and Observation. Consultant shall establish and implement a program to observe and monitor the quality of the construction to ensure the Project is completed per the Contract Documents. The purpose of the program shall be to identify defects and deficiencies in the work of the Construction Contractor. While Consultant shall not be responsible for construction means, methods, techniques, sequences, and procedures employed by the Construction Contractor in the performance of its contract, Consultant shall nevertheless advise the Town whether the construction means, methods, techniques, sequences or procedures will delay the work or cause a defect in the work. Consultant may, from time to time, issue work directives or field orders that consist of minor changes in the work not involving an adjustment in the contract sum or the contract time, but which are consistent with the overall intent of the Contract Documents. Consultant is authorized to reject work and transmit to the Town and Construction Contractor a notice of nonconforming work when the work does not conform to the requirements of the Contract Documents. Consultant is not authorized as a part of this service to change, revoke, alter, enlarge, relax or release any requirements of the Contract Documents or to approve or accept any portion of the work not performed in accordance with the Contract Documents. In the event the Construction Contractor fails to correct deficient work, Consultant shall issue a stop work order on behalf of the Town until such deficiencies are corrected. No action taken by Consultant shall relieve the Construction Contractor from its obligation to perform its work in strict conformity with the Contract Documents and in strict conformity with all applicable laws, rules and regulations. Design Changes. Any decision or action related to the design or engineering of the Project shall be referred to the Town for action. No change in the design documents shall be made without written approval of the design engineer and the Town. Project Site Meetings. Consultant shall conduct weekly coordination meetings at the Project site with the Construction Contractor, the Town's designated representative and design engineer (if provided for in the Agreement between the Town and the engineer) and/or other stakeholders as needed. Consultant shall record, transcribe and distribute minutes to all attendees. Construction Quality Assurance (Testing). Technical or special inspections required in the Contract Documents per the Town's adopted codes, and testing provided by the Construction Contractor, the engineer or others shall be monitored by Consultant. Consultant shall be provided a copy of all inspection and testing reports on the day of the inspection or test or within a reasonable time period. Consultant is responsible for providing the test results to the Construction Contractor and to the Town. In the event of a failed test, re-testing will be performed as directed in the Contract Documents. Consultant shall also collect all material delivery tickets. All test results and material tickets shall be compiled and delivered to the Town in electronic format at the end of the Project. Review of Requests for Changes to the Contract Time and Price. Consultant shall review with the Town the contents of requests for changes to the contract work, time or price submitted by a contractor, assemble information concerning the request to determine the cause of the requests and make written recommendations to the Town with respect to acceptance of the requests. Consultant will implement the Town's decisions regarding all requests for changes. All changes to the Agreement between the Town and Construction Contractor shall be only by change orders or contract amendments executed by the Town. Record Drawings, Operation and Maintenance Materials. As required by the Contract Documents, Consultant shall receive from the Construction Contractor red-line construction record drawings, operation and maintenance manuals, warranties and guarantees for materials and equipment installed on the Project, and review such documents for completeness and submit documents to the Town. Upon verification of the red-line construction record drawings for correctness, Consultant shall transmit same to the engineer for preparation of the as-built drawings. Upon return of the as-built drawings to the Consultant from the engineer, Consultant's engineer shall be the responsible engineer(s) for purposes of certifying the as-built drawings. "Certifying the as-built drawings" means the as-built drawings will be signed, sealed and dated by engineer(s) registered in the State of Arizona in his field of competence. Each plan sheet in the set shall be marked "As-Built". In addition, if the Project requires certification by any State or County Governmental Agency Consultant shall provide such certification. Substantial and Final Completion. In consultation with the engineer and the Town's inspectors (when applicable), Consultant shall review the Construction Contractor's written requests for substantial completion and final completion and shall recommend to the Town when the Project and the Construction Contractor's work has achieved substantial and final completion as defined in the Construction Documents. Consultant shall, prior to issuing a Certificate of Substantial Completion, compile a list of incomplete work or work that does not conform to the Contract Documents (punch-list items) based on his observations and input from the engineer and the Town's inspectors (when applicable). This list shall be attached to the Certificate of Substantial Completion. The Certificate of Final Completion shall not be issued until the incomplete work has been completed and the Town is ready to accept the Project. Consultant shall issue the Certificate of Substantial Completion and Certification of Final Completion to the Construction Contractor. Project Close-out. Within five days of the receipt of Construction Contractor's written request for a punch list, Consultant shall perform an inspection for the purpose of creating a punch list. Consultant shall notify Construction Contractor in writing of any deficiencies to be remedied prior to final acceptance by written punch-list. Final acceptance shall not be given until the punch-list items are completed in accordance with the Contract Documents. No one is authorized to amend the Contract Documents by use of the punch list, which is solely for the benefit of Construction Contractor to enable him to determine what items must be corrected before final acceptance will be recommended by the Consultant. Upon completion of the deficient work, Construction Contractor may request a punch list inspection. If Consultant determines that all work has been completed, Consultant shall recommend in writing to the Town that final acceptance of the entire work be made as of the date of Consultant's final inspection. Simultaneously with Construction Contractor's request for final payment, Construction Contractor is required to submit the following items to Consultant: (A) red-line construction record drawings; (B) warranties; (C) One set of electronic set of documentation covering the operation and maintenance of the mechanical and electrical installation and all other equipment required to be furnished with such manuals; (D) other items required by the Contract Documents. No recommendation shall be made for final acceptance until these items have been received and are complete. Final Payment. Consultant shall provide to the Town a written recommendation regarding final payment to the Construction Contractor. A final change order, if applicable, shall be prepared by the Construction Contractor, reviewed and approved by the Consultant, with a written recommendation for approval by the Town. Consultant's recommendation for final payment shall take into account the contract sum, as adjusted by any change orders, amounts already paid, and sums to be retained for incomplete work, liquidated damages, and for any other cause under the Contract Documents. Consultant shall prepare a statement of final inspection, stating that the work has been given a final inspection, that Construction Contractor has submitted the required documents, setting forth with detail any deviations in the work as completed, and estimating the cost of correction of such deviations. Consultant's statement shall be transmitted to the Town along with Construction Contractor's request for final payment. Consultant shall provide a copy of the statement of final inspection and Consultant's estimate of the sum due to Construction Contractor. B. Time Management. Construction Contractor's Construction Schedule. Consultant shall review the Construction Contractor's resource loaded Construction Schedule and shall verify that the schedule is prepared in accordance with the requirements of the Contract Document and that it establishes completion dates that comply with the requirements of the Contract Documents. Construction Schedule Reports. Consultant shall, on a monthly basis and at the time of Construction Contractor's pay application, review the progress of construction, shall evaluate the percentage complete of each construction activity as indicated in the Construction Contractor's resource loaded Construction Schedule and shall review such percentages with the Construction Contractor. This evaluation shall serve as data for input to the periodic Construction Schedule Report that shall be prepared and distributed to the Town. The Report shall indicate the actual progress compared to scheduled progress and shall serve as the basis for the progress payments to the Construction Contractor. Consultant shall advise and make recommendations to the Town concerning the alternative courses of action that the Town may take in its efforts to achieve contract compliance by the Construction Contractor. Consultant Review of Time Extension Requests. Prior to the issuance of change orders, Consultant shall advise the Town as to the effect Construction Contractor's requests for time extensions will have on the Master Schedule. Recovery Schedules. Where Construction Schedule delays are encountered, Consultant shall request a recovery schedule in writing from the Construction Contractor and review the recovery schedule for compliance with the Contract Documents. Any delays that may affect the Master Schedule shall be reported to the Town in writing. C. Cost Management. Change Order Control. Consultant, with input from the Town, shall establish and implement a change order control system that is consistent with the Contract Documents. All proposed change orders shall first be described in detail by Consultant, with the assistance of the Town when necessary, in a request for a proposal to the Construction Contractor, and shall be accompanied by technical drawings and specifications prepared by the engineer when required. All change orders shall be classified into one of three categories: "Town Initiated Change Order", "Error and/or Omission Change Order", and "Unforeseen Conditions Change Order". Change order dollar amounts shall be traced by these three categories. At the end of construction, a Final Change Order Report will be prepared identifying each change order, its classification, and amount. Total amounts for each classification shall also be reported. The Construction Contractor shall submit to Consultant for evaluation detailed information concerning the cost and time adjustments, if any, as may be necessary to perform the proposed change work order. Consultant shall discuss the proposed change order with the Construction Contractor and determine the Construction Contractor's basis of the cost and time impacts of performing the work. Consultant shall make recommendations to the Town on acceptability of the change in the work, prior to the Town's execution of change orders. Consultant shall verify that change order work and adjustments of time, if any, required by approved change orders have been incorporated into the Construction Contractor's Schedule. No change in the design shall be made without written approval of the Town. No change order shall be approved without the written approval of the Town. Change Order Pricing and Verification. If a Change Order provides for an adjustment to the contract sum, the cost of the change in the work shall be made as prescribed in the Contract Documents Where a unit price is contained in the Bid Schedule and agreed to by Consultant and Construction Contractor, or when a unit price or lump sum is mutually agreed upon for the change in the work, the Consultant shall make recommendation to the Town. A Change Order shall be executed by the Town and Construction Contractor, prior to proceeding with the change in the work, unless an emergency situation exists. Where a change in work is to be performed on a cost-plus basis, an estimate of the work shall be prepared by the Construction Contractor and reviewed by Consultant. With the Town approval, and based on recommendation from Consultant, Consultant's Project Representative shall direct the Construction Contractor, in writing, to proceed with the change in the work. In addition to receiving the required information from the Construction Contractor documenting time, materials, equipment, and sub-contractors employed to complete the change of work, Consultant shall personally monitor, and record work effort involved in the change of work. Consultant and Construction Contractor shall confer on a daily basis, and come to a mutual agreement on the time, materials, equipment, and sub-contractors' cost that day. As stipulated in the Contract Documents, final cost of the change in the work shall be reflected and formalized in a Change Order, signed by both the Town and Construction Contractor. Should negotiations break down between Consultant and Construction Contractor over the cost of the change in the work, the Town shall be authorized to seek bids and have the work performed by another contractor. III. Progress Payments. Consultant shall review the payment applications submitted by the Construction Contractor and determine whether the amount requested reflects the progress of the Construction Contractor's work. Consultant shall make appropriate adjustments to each payment application and shall provide and forward to the Town a Progress Payment Report. The Report shall state the total contract price, payments to date, current payment requested, percent work complete, percent payments made, retainage and actual amounts owed for the current period. Included in this report shall be a Certificate of Payment that shall be signed by Consultant and delivered to the Town. The issuance of a Certificate of Payment by Consultant shall constitute a representation by Consultant to the Town, based on Consultant's observations and inspections at the site and on the data comprising the Construction Contractor's application for payment, that: (1) the work has progressed to the point indicated; (2) to the best of Consultant's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents, subject to (a) an evaluation of the work for conformance with the Contract Documents upon Substantial Completion, (b) the results of any subsequent tests required by or performed under the Contract Documents, (c) minor deviations from the Contract Documents correctable prior to completion, and (d) any specific qualifications stated in the application for payment; (3) red-line construction record drawings are up to date; and (4) the Construction Contractor is entitled to payment in the amount certified. D Management Information System. Project Cost Reports. Consultant shall prepare and distribute monthly Project Cost Reports during the Construction Phase. The Reports shall specify actual Project and construction costs compared to the Town-approved Project and Construction Budget. Project and Construction Budget Revision. Consultant shall make recommendations to the Town on the impact of construction changes that may result in revision to the Project and Construction Budget. Cash Flow Reports. Consultant shall prepare and distribute Cash Flow Reports in a format provided by the Town on a monthly basis during the Design and Construction Phases. The Reports shall specify actual cash flow as compared to projected cash flow for the Consultant, the Town and the Construction Contractor. The projected cash flow data shall not be changed during the project without written approval from the Town. If more than one CIP Project is included in the Work under this contract, a separate cash flow report shall be prepared for each project. Progress Payment Reports. Consultant shall prepare and distribute the Progress Payment Reports to the Town. The Reports shall state the total construction contract price, payment to date, current payment requested, retainage, percent work complete, percent payments made and actual amounts owed this period by project number for each project included within the contract. A portion of this Report shall be a Certificate of Payment that shall be signed by Consultant, and delivered to the Town for use by the Town in making payments to the Construction Contractor. Change Order Reports. Consultant shall monthly prepare and distribute Change Order Reports during the construction phase. The Report shall list all the Town- approved change orders by number, a brief description of the change order work, the cost established in the change order time impacts, if any, and percent of completion of the change order work. Construction Contractor's Safety Program Report. Consultant shall verify that a copy of Construction Contractor's safety program is available at the job site, as required in the Contract Documents, and shall include a copy of the Construction Contractor's weekly safety meeting agenda as an attachment to the weekly construction meeting minutes. Consultant shall not be responsible for or have any liability in whole or in part for Construction Contractor implementation of or compliance with contractor safety programs and safety laws, regulations, etc., nor shall Consultant be responsible for the adequacy, or completeness, of contractor safety programs or the Construction Contractor's compliance and performance thereof. Consultant has no responsibility for review of safety programs; however, if Consultant observes a violation of the Construction Contractor's safety program or witnesses any potentially unsafe condition, he shall immediately notify the Construction Contractor and the Town's representative of the potential violation/condition and if the violation/condition is not immediately cured, the Consultant shall issue a stop work order until the violation/condition is cured. 2.2. Post-Construction Phase. Project Management. Record Documents. Consultant shall coordinate and expedite submittals of information from the Construction Contractor for as-built record drawings and specification preparation and shall coordinate and expedite the transmittal of Record Documents to the Town. Consultant shall certify the as-built record drawings as required under this Agreement. Testing and Material Tickets. Consultant shall compile all testing results and material tickets in electronic format and submit to the Town. Organize and Index Operation Maintenance Materials. Prior to the Final Completion of the Project, Consultant shall compile and verify completeness of manufacturers' operations and maintenance manuals, warranties and guarantees as received from the Construction Contractor, and submit such documents to the Town. Warranty Inspection. Consultant shall notify the Town's Public Works Director, who will appoint a staff member to jointly perform a warranty inspection with Consultant 10 months after final acceptance. B Cost Management. Consultant shall continue to provide services related to Change Orders, as required, during the Post-Construction Phase. C Management Information Systems. Close-Out Reports. At the conclusion of the Project, the Consultant shall prepare final Project Cost and closeout reports. All of the Project information and documents shall be delivered to the Town upon completion of the Project. Following is a list of items to be included with the close-out package: Copy of Certificate of Substantial Completion with a copy of the punch list itemizing incomplete or deficient items. Copy of Certificate of Final Completion. Copy of final change order, if required, prior to submitting final pay applications. Final pay application with Affidavit for the Settlement of Claims, Record Drawings, Warranties, Operations and Maintenance Manuals and other items as required by the special conditions and/or Contract Documents. ll. Close-Out Meeting. At the conclusion of the Project, Consultant shall participate in a Project close-out meeting with the Town staff and the engineer to evaluate the process used on the Project and the results obtained and to discuss how the process might be improved for the next project. Consultant shall provide meeting minutes from close-out meeting. Final Date and Time for Inquires:May 3, 2024, 5:00pm