ARCHITECT SCOPE OF WORK FOR DESIGN-BID-BUILD PROJECT …

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Project Name: Project No: Contract No: Form No. CIP2.2.5 1 Architect Scope and Exhibits for DBB Project Revised December 27, 2016 ARCHITECT SCOPE OF WORK FOR DESIGN-BID-BUILD PROJECT A. GENERAL 1. The Project is generally described as follows: [Insert Project Description] 2. GILBERT’S REPRESENTATIVE for this project is [Insert Firm’s name]. 3. ARCHITECT shall be responsible for the professional quality, technical accuracy and the coordination of all studies, reports, projections, master plans, designs, drawings, specifications and other Services furnished by ARCHITECT under this Agreement. ARCHITECT shall, without additional compensation, correct or revise any errors or omissions in its studies, reports, projections, master plans, design, drawings, specifications and other Services. ARCHITECT to provide a detailed scope of work to cover all aspects and disciplines necessary to provide a fully operational and functional facility. 4. The Agreement sets forth the design and construction budget for the Project. ARCHITECT shall complete the Schematic Design, Design Development, and Construction Documents, such that design and construction cost of the Project designed by ARCHITECT will not exceed the design and construction budget and shall not proceed from one phase to another unless the budget for the phase in is compliance with the design and construction budget or any approved revised design and construction budget. If at any time during the design of the Project it appears the cost of design and construction may exceed the design and construction budget, ARCHITECT shall immediately notify GILBERT. If the design and construction budget is exceeded, ARCHITECT shall value engineer the Project at no additional cost to GILBERT. 5. ARCHITECT shall maintain a log of site visits or discussions held in conjunction with the Services, with documentation of major discussion points, observations, decisions, question or comments. These shall be furnished to GILBERT for inclusion in the overall Project documentation. 6. All Services performed under this Agreement shall be performed by or under the direct supervision of persons then licensed in the State of Arizona to perform these Services. The name of each such licensed individual shall be listed on the title sheet of the Plans and Specifications. 7. All designs and specifications prepared by ARCHITECT shall comply with the Americans with Disabilities Act, as determined by permitting agencies. 8. If ARCHITECT provides defective, incomplete, unclear, or uncoordinated documents in preparing the Specifications and Contract Documents, all costs of responding to any protest or appeal or of any necessary rebidding will be borne by ARCHITECT. 9. ARCHITECT shall be required to comply with all requirements for the use of Federal Funds during design and construction of the Project if applicable.

Transcript of ARCHITECT SCOPE OF WORK FOR DESIGN-BID-BUILD PROJECT …

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Project Name:

Project No:

Contract No:

Form No. CIP2.2.5 1

Architect Scope and Exhibits for DBB Project

Revised December 27, 2016

ARCHITECT SCOPE OF WORK

FOR DESIGN-BID-BUILD PROJECT

A. GENERAL

1. The Project is generally described as follows: [Insert Project Description]

2. GILBERT’S REPRESENTATIVE for this project is [Insert Firm’s name].

3. ARCHITECT shall be responsible for the professional quality, technical accuracy and the

coordination of all studies, reports, projections, master plans, designs, drawings, specifications

and other Services furnished by ARCHITECT under this Agreement. ARCHITECT shall,

without additional compensation, correct or revise any errors or omissions in its studies,

reports, projections, master plans, design, drawings, specifications and other Services.

ARCHITECT to provide a detailed scope of work to cover all aspects and disciplines necessary

to provide a fully operational and functional facility.

4. The Agreement sets forth the design and construction budget for the Project. ARCHITECT

shall complete the Schematic Design, Design Development, and Construction Documents, such

that design and construction cost of the Project designed by ARCHITECT will not exceed the

design and construction budget and shall not proceed from one phase to another unless the

budget for the phase in is compliance with the design and construction budget or any approved

revised design and construction budget. If at any time during the design of the Project it

appears the cost of design and construction may exceed the design and construction budget,

ARCHITECT shall immediately notify GILBERT. If the design and construction budget is

exceeded, ARCHITECT shall value engineer the Project at no additional cost to GILBERT.

5. ARCHITECT shall maintain a log of site visits or discussions held in conjunction with the

Services, with documentation of major discussion points, observations, decisions, question or

comments. These shall be furnished to GILBERT for inclusion in the overall Project

documentation.

6. All Services performed under this Agreement shall be performed by or under the direct

supervision of persons then licensed in the State of Arizona to perform these Services. The

name of each such licensed individual shall be listed on the title sheet of the Plans and

Specifications.

7. All designs and specifications prepared by ARCHITECT shall comply with the Americans with

Disabilities Act, as determined by permitting agencies.

8. If ARCHITECT provides defective, incomplete, unclear, or uncoordinated documents in

preparing the Specifications and Contract Documents, all costs of responding to any protest or

appeal or of any necessary rebidding will be borne by ARCHITECT.

9. ARCHITECT shall be required to comply with all requirements for the use of Federal Funds

during design and construction of the Project if applicable.

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10. Time is of the essence in this contract.

B. PRE-DESIGN PHASE

1. PROJECT INITIATION

1.1 Upon final execution of the Contract with GILBERT, the ARCHITECT shall:

1.1.1 Meet with GILBERT and its representatives to prepare a detailed task analysis and

work plan for documentation in a computer generated project schedule. GILBERT’S

REPRESENTATIVE will produce the final scheduling format based on data furnished

by ARCHITECT.

This task analysis and work plan will identify specific tasks including, but not limited

to: interviews, data collection, required GILBERT filing standards, analysis, report

preparation, planning, Architectural Programming Phase, Schematic Design Phase,

Design Development Phase and Construction Document Phase. Also identified will be

Design Phase Milestone activities or dates, specific task responsibilities including

presentations, estimates and required times for completion and additional definition of

deliverables.

1.1.2 Review the developed work plan with GILBERT and its representatives to familiarize

them with the proposed tasks and schedule and develop necessary modifications.

1.1.3 Participate in a general Project kick-off meeting to include the ARCHITECT’S

appropriate subconsultants, GILBERT, GILBERT staff and REPRESENTATIVE.

1.1.3.1 The project kick-off meeting will introduce key team members from

GILBERT, the GILBERT REPRESENTATIVE and the ARCHITECT to each

other defining roles and responsibilities relative to the Project.

1.1.3.2 Identify and review pertinent information and/or documentation necessary

from GILBERT for the completion of the Project.

1.1.3.3 Review and explain the overall project goals, general approach, tasks, work

plan and procedures and deliverable products of the Project.

1.1.3.4 Review and explain the task analysis and project work plan for all parties

present; determine any adjustments or fine tuning that needs to be made to the

work plan.

1.1.3.5 Review documentation of the project kick-off meeting prepared by

GILBERT’S REPRESENTATIVE and comment prior to distribution.

1.1.3.6 GILBERT REPRESENTATIVE shall record and distribute Project Kick-off

meeting minutes to all parties in attendance.

2. DEVELOPMENT OF ARCHITECTURAL PROGRAM (PROGRAMMING PHASE)

2.1 Perform pre-design investigations to establish appropriate guidelines around which and within

which the Project is to be designed. Identify design issues relating to functional need,

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directives and constraints imposed by regulatory codes. The design of the Project shall take

into consideration impacts of the Project on neighboring residential uses.

2.1.1 ARCHITECT shall identify critical issues affecting project completion and

certification; significant site considerations; applicable planning and zoning

requirements; applicable code requirements; applicable fire and life safety

requirements; sanitary and storm sewer service requirements; electrical power service

and requirements; heating, ventilating and air conditioning requirements; natural gas

availability and requirements, dry utilities; and domestic and fire water service

requirements.

2.1.2 Develop and manage the design schedule.

2.1.3 ARCHITECT will assist REPRESENTATIVE in conducting a minimum of (3) public

information meeting at a location designated by GILBERT. ARCHITECT to provide

renderings, sketches and other information to adequately communicate project

information to the public.

2.1.4 Conduct Architectural programming meeting with GILBERT’S selected project

stakeholders.

2.1.5 Develop an estimate of probable construction cost for the Project; estimates are to be

based on the developed functional Architectural programs as approved by GILBERT.

Estimates prepared by the ARCHITECT:

2.1.5.1 All costs are to be based on current bid prices, with escalation rate and

duration clearly identified as a separate line item; rate of cost escalation and

projected bid and construction dates are to be as approved by GILBERT and

it’s REPRESENTATIVE.

2.1.5.2 Contingencies for design, bidding or construction, if included in the estimate,

are to be included as individual line items, with the percentage and base of

calculation clearly identified.

2.1.5.3 All construction cost estimates developed per the above should additionally be

presented in a building systems format (e.g. foundations, substructure,

structural system, exterior wall enclosure, window systems, etc.) for new

buildings, and summarized by the Construction Specification Institute (CSI)

category for buildings being modernized.

2.1.5.4 The ARCHITECT’s proposed cost format must be submitted to GILBERT for

review and approval.

2.1.5.5 Subconsultants shall participate in the Design meetings as appropriate and

shall provide input and feedback into the development of the cost estimate,

when required.

3. SITE MASTER PLANNING

3.1 Prepare a Site Plan configuration for the proposed facility. The development of this Site Plan

should incorporate or be based upon completion of the following tasks:

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3.1.1 ARCHITECT will assist REPRESENTATIVE in conducting initial, intermediate and

final community meetings to solicit feedback, comments, and concerns from the

community.

3.1.2 Document and take into consideration existing physical characteristics of the proposed

site such as topography, drainage, plant coverage, views to and from the proposed site,

current site usage and potential for future development and facility expansion.

3.1.3 ARCHITECT shall have a soils report conducted by a licensed geotechnical engineer in

the State of Arizona. The ARCHITECT shall design the foundation of the project in

accordance with the soils report.

3.1.4 Analyze the proposed site existing conditions relative to potential effect on master

planning circulation, access, parking, constructability, facility expansion and future

development potential.

3.1.5 Develop a Site Plan showing in detail the elements of the proposed facility and its

supporting elements of site development, including the appropriate accommodations of

projected parking, resolution of access and on-site circulation, and existing or proposed

commitments of land to other uses.

4. MEETINGS

During Architectural Programming Phase it is anticipated that approximately two (2) meetings

per month will be convened between GILBERT, GILBERT REPRESENTATIVE and the

ARCHITECT. Such meetings shall be held at GILBERT’S Municipal Complex. Decisions

made at such meetings and subsequently approved by GILBERT shall be binding.

REPRESENTATIVE shall record and distribute meeting minutes to all parties in attendance.

5. DELIVERABLES

5.1 Upon completion of the Programming and Master Site Plan Phase the ARCHITECT shall

provide the appropriate number of copies for the following:

5.1.1 Functional and ARCHITECTURAL Programming Report

5.1.2 Master Site Plan

5.1.3 Estimate of probable construction cost

6. PRESENTATIONS

6.1 The ARCHITECT along with their subconsultants, and REPRESENTATIVE shall present the

Programming Conceptual Design, studies, construction estimate and preliminary construction

schedule to the project team, facilities review committee and user groups and shall make any

other presentations as shall be reasonably required by GILBERT.

6.2 The Programming Conceptual Design studies shall be revised within the program parameters

until a final concept has been accepted and approved by GILBERT at no additional cost to

GILBERT.

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7. PROJECT CESSATION PROVISIONS

Upon completion and review of the functional and Architectural Programming and Site Master

Planning Phase, no further work shall be done unless and until GILBERT has given a written

Notice to Proceed to the ARCHITECT for Schematic Design.

C. DESIGN PHASE

1. SCHEMATIC DESIGN (SD)

The ARCHITECT shall proceed with Schematic Design upon written authorization from

GILBERT. Schematic Design shall be prepared from the Programming Phase information and

documents approved by GILBERT.

2. MEETINGS

2.1 During the Schematic Design development it is anticipated that weekly meetings will convene

between GILBERT, its REPRESENTATIVE and the ARCHITECT to address specific design

issues and to facilitate the decision making process. Such meetings shall be held at

GILBERT’S Municipal Complex. Decisions made at such meetings and subsequently

approved by GILBERT shall be binding. GILBERT’S REPRESENTATIVE shall record and

distribute meeting minutes to all parties in attendance.

2.2 ARCHITECT shall attend Pre-Application meeting with GILBERT Staff and prepare all

required documents and exhibits.

2.3 ARCHITECT shall attend a minimum of two (2) Design Review Board Meetings and prepare

all required documents and exhibits.

2.4 If the project is located within the Heritage District the ARCHITECT shall attend a minimum

of two (2) Redevelopment Commission meetings and prepare all required documents and

exhibits.

2.5 ARCHITECT shall make corrections as required, to reflect Design Review Board and/or

Redevelopment Commission comments into the drawings, specifications and estimate. All

such corrections will be made at no cost to GILBERT.

3. DELIVERABLES

3.1 Upon completion of the Schematic Design Phase the ARCHITECT shall provide the

appropriate number of copies for the following:

3.1.1 Schematic Design Drawings with alternates

3.1.2 Outline Specifications

3.1.3 A statement indicating changes made to the program/master plan

3.1.4 Schematic Design construction cost estimate:

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3.1.4.1 This estimate consists of unit cost applied to the major items and quantities of

work. The unit cost shall reflect the complete direct current cost of work.

Complete cost meaning labor, material, waste allowance, sales tax and

subcontractor’s mark-up. General conditions shall be applied separately. This

estimate shall be prepared by specification section and summarized by the

Construction Specification Institute (CSI) category.

3.1.4.2 The estimate shall separate the project’s building cost from site and utilities

cost. ARCHITECT to submit to GILBERT and GILBERT’S

REPRESENTATIVE, if applicable, the cost-estimating format for prior review

and approval.

3.1.4.3 Escalation: all estimates shall be priced out at current market conditions. The

estimates shall incorporate all adjustments as appropriate, relating to mid-point

construction contingency, and cost index (i.e. Lee Saylor Index).

4. PRESENTATIONS

4.1 The ARCHITECT along with their subconsultants and REPRESENTATIVE shall present the

detailed Schematic Design, construction estimate and preliminary construction schedule to the

project team, facilities review committee and user groups and shall make any other

presentations as shall be reasonably required by GILBERT.

4.2 The Schematic Design studies shall be revised within the program parameters until a final

concept has been accepted and approved by GILBERT at no additional cost to GILBERT.

5. PERMITS

Identify, coordinate and begin preparation of all regulatory agency reports, permits and

inspections that will be required.

6. PROJECT CESSATION PROVISIONS

6.1 Upon completion of the Schematic Design Phase, GILBERT shall have the right to terminate

this Agreement upon written notice of such termination to ARCHITECT.

6.2 GILBERT shall pay the ARCHITECT only the fee associated with the services provided for

Schematic Design. All projects documents and plans shall become the property of GILBERT.

D. DESIGN DEVELOPMENT (DD)

The ARCHITECT shall proceed with the Design Development phase upon written

authorization by Gilbert. The Design Development documents shall be prepared from the

Schematic Design documents approved by GILBERT.

1. MEETINGS

During Design Development it is anticipated that weekly meetings will convene to address

specific design issues and to facilitate the decision making process. Such meetings shall be

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held at GILBERT’S Municipal Complex. Documented decisions made at such meetings and

subsequently approved by GILBERT shall be binding. REPRESENTATIVE shall record and

distribute meeting minutes to all parties in attendance.

2. DELIVERABLES

2.1 Upon completion of the Design Development Phase the ARCHITECT shall provide the

appropriate number of copies for the following:

2.1.1 Design Development Drawings from all disciplines

2.1.2 Design Development Specifications from all disciplines

2.1.3 Design Development Construction Cost Estimate:

2.1.3.1 This estimate shall be prepared by specification section, summarized by CSI

category. The estimate shall include individual item unit costs of materials,

labor and equipment. Sales tax, contractor’s mark-ups and general conditions

shall be listed separately.

3. PRESENTATION

3.1 The ARCHITECT along with their subconsultants and REPRESENTATIVE shall present the

detailed Design Development, construction estimate and preliminary construction schedule to

the project team, facilities review committee and user groups and shall make any other

presentations as shall be reasonably required by GILBERT.

3.2 The Design Development shall be revised within the program parameters until a final concept

has been accepted and approved by GILBERT at no additional cost to GILBERT.

4. PERMITS

Provide an update as to the status of all required permit application submittals and approvals.

5. PROJECT CESSATION PROVISIONS

5.1 Upon completion of the Design Development Phase, GILBERT shall have the right to

terminate this Agreement upon written notice of such termination to ARCHITECT.

5.2 GILBERT shall pay the ARCHITECT only the fee associated with the services provided for

Design Development. All projects documents and plans shall become the property of

GILBERT.

E. CONSTRUCTION DOCUMENTS (CD)

The ARCHITECT shall proceed with the Construction Document phase upon written

authorization from GILBERT. Construction Documents shall be prepared from Design

Development Documents approved by GILBERT. The Construction Documents shall be for

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the purpose of the ARCHITECT submitting final documents to all Regulatory Agencies for

permitting, after GILBERT’S approval of the Construction Documents.

1. MEETINGS

During the Construction Document development it is anticipated that weekly meetings will

convene to address specific design issues and to facilitate the decision making process. Such

meetings shall be held at the Municipal Complex in the Town of Gilbert. Documented

decisions made at such meetings and subsequently approved by GILBERT shall be binding.

REPRESENTATIVE shall record and distribute meeting minutes to all parties in attendance.

2. DELIVERABLES

2.1 Upon completion of the Construction Document Phase the ARCHITECT shall provide the

appropriate number of copies for the following:

2.1.1 Complete Construction Drawings from all disciplines necessary to deliver the project

2.1.2 Complete Construction Specifications from all disciplines necessary to deliver the

project

2.1.3 Final Construction Cost Estimate:

2.1.3.1 This estimate shall be prepared by specification section, summarized by CSI

category. The estimate shall include individual item unit costs of materials,

labor and equipment. Sales tax, contractor’s mark-ups and general conditions

shall be listed separately.

3. PRESENTATION

3.1 The ARCHITECT along with their subconsultants and REPRESETATIVE shall present the

detailed Construction Documents, construction estimate and preliminary construction schedule

to the project team, facilities review committee and user groups and shall make any other

presentations as shall be reasonably required by GILBERT.

3.2 The Construction Documents shall be revised within the program parameters until a final

concept has been accepted and approved by GILBERT at no additional cost to GILBERT.

4. PERMITTING

4.1 Upon written authorization from GILBERT, submit construction drawings to all required

Regulatory Agencies for approval.

4.2 Make corrections as required, to reflect regulatory agencies’ back-check comments into the

drawings, specifications and estimate. All such corrections will be made in a timely manner

and at no cost to GILBERT.

4.3 Upon approval from all Regulatory Agencies, ARCHITECT shall provide to GILBERT any

regulatory comments creating additional costs to the project and confirmation that the final

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design is within the project construction budget.

4.4 Upon approval from all Regulatory Agencies, ARCHITECT shall provide to GILBERT

completed original mylars and a complete set of specifications on reproducible masters.

4.5 Cost of the contract documents for distribution to bidders will be provided by GILBERT.

4.6 ARCHITECT to furnish a complete, itemized list of all submittal requirements.

4.7 ARCHITECT to furnish a complete, itemized list of all special inspections required.

FOR THE BIDDING PHASE, THE CONSTRUCTION PHASE AND POST-CONSTRUCTION

PHASE SERVICES, GILBERT STAFF MUST SELECT EITHER “WITH PM/CM” OR

“WITHOUT PM/CM” AND DELETE THE OTHER. SEE BELOW.

F. BIDDING PHASE SERVICES [WITH PM/CM]

1. ARCHITECT shall coordinate the delivery of Bid Documents to reproduction facility for

printing, binding, wrapping and delivery to the bidders.

2. ARCHITECT shall participate in a Pre-bid conference conducted by the PM/CM and respond

to questions related to the design of the Project and the Contract Documents.

3. ARCHITECT shall make any necessary corrections to the plans and specifications as required,

including the issuance of addenda, if necessary. ARCHITECT shall assure that a copy of all

Addenda is provided to reproduction facility for distribution to all bidders

4. ARCHITECT shall assist the PM/CM in evaluating bids and preparing a recommendation to

GILBERT.

F. BIDDING PHASE SERVICES [WITHOUT PM/CM]

1. ARCHITECT shall coordinate the delivery of Bid Documents to reproduction facility for

printing, binding, wrapping and delivery to the bidders.

2. In conjunction with GILBERT, ARCHITECT shall facilitate a Pre-bid Conference. This

conference shall be a forum for GILBERT and ARCHITECT to explain the Project

requirements to the bidders, including information concerning schedule requirements, time and

cost control requirements, access requirements, GILBERT’S administrative requirements,

technical and other information.

3. ARCHITECT shall respond to inquiries related to the Contract Documents. ARCHITECT

shall tabulate and maintain a summary of the inquiries received (verbal and written) and the

responses made.

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4. ARCHITECT shall issue Addenda, if necessary for clarity and consistency among the bidders.

ARCHITECT shall assure that a copy of all Addenda is provided to reproduction facility for

distribution to all bidders.

5. ARCHITECT shall assist GILBERT in conducting the bid opening and shall evaluate the bids

for bidder responsibility (including previous experience, capabilities and reputation for similar

work), bidder responsiveness (including conformance to instructions, specifications and

financial data required) and price. ARCHITECT shall also advise GILBERT of the

acceptability of subcontractors and material suppliers proposed by bidders. ARCHITECT shall

make recommendations to GILBERT concerning the acceptance or rejection of bids.

6. Upon receipt of the bids, ARCHITECT shall evaluate the bids, including alternate prices and

unit prices, and shall make a written recommendation to GILBERT in regard to the award of

each construction contract.

7. ARCHITECT shall assist GILBERT in evaluating any bid protest filed.

G. CONSTRUCTION PHASE SERVICES [WITH PM/CM]

1. ARCHITECT shall participate in the Pre-Construction Conference. Meeting coordination and

minutes shall be provided by PM/CM.

2. ARCHITECT shall participate in weekly construction progress meetings with the construction

Contractor. Meeting coordination and minutes shall be provided by PM/CM.

3. Upon receipt of the initial Contractors schedule, ARCHITECT shall review such schedules and

provide comments to the PM/CM.

4. ARCHITECT shall review submittals submitted to PM/CM and forwarded to ARCHITECT,

including but not limited to shop drawings, samples, product information, shop and mill test

results, alternate products, O&M manuals and warranties for compliance with the Contract

Documents. Upon review, submittals shall be marked with appropriate comments by

ARCHITECT on six returned copies. Reviewed submittals shall be returned to the Contractor

via the PM/CM for appropriate action within (21) days of the original submittal date from the

Contractor.

5. ARCHITECT shall respond to Requests for Information forwarded to ARCHITECT by

PM/CM. ARCHITECT shall issue, as necessary, written and verbal interpretations and

clarifications of the Contract Documents. ARCHITECT shall prepare sketches to clarify

Contract Documents where necessary. Responses shall be returned to the contractor, thru the

PM/CM, within 7 days of the original submittal date by the contractor.

6. If any errors are discovered in the plans and specifications, ARCHITECT shall issue

supplemental drawings or details to clarify issues to the contractor thru the PM/CM.

ARCHITECT shall indicate if items are for clarification only or added scope (cost) to the

Contractor. ARCHITECT shall not be compensated for such services.

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7. ARCHITECT to review change order proposals for merit and scope and provide written

recommendations to PM/CM for change orders.

8. ARCHITECT shall respond to requests from the PM/CM for recommendations regarding Work

Change Directives. All design and engineering questions and revisions will be forwarded to

ARCHITECT by PM/CM for ARCHITECT’s recommendation.

9. ARCHITECT shall facilitate technical meetings with GILBERT, PM/CM, and/or Contractor

regarding instrumentation and control or other highly technical equipment installation and

operational issues.

10. ARCHITECT will be responsible for monitoring of preliminary equipment start-up. Start up

will generally follow the procedure outlined in the Contract Documents. ARCHITECT shall be

responsible for determining existing process operational modifications to facilitate start up of

new facilities and monitor the initial process settings and initial equipment operation.

10.1 ARCHITECT shall be responsible for evaluating initial process operations and

Contractor’s preliminary equipment testing and seven day process testing.

10.2 ARCHITECT will be responsible for monitoring all phases of start up.

11. ARCHITECT shall visit the site weekly or as required by the construction progress. All site

visits shall be conducted by the appropriate discipline for the work in progress.

12. ARCHITECT will provide opinions and observations in writing to the PM/CM regarding

compliance with plans and specifications for improvements that are observed by the

ARCHITECT at the time of the ARCHITECT’s site visits. ARCHITECT shall not, during

such visits or as a result of such observations of Contractor’s work in progress, supervise,

direct, or have control over Contractor’s work. Nor shall ARCHITECT have authority over or

responsibility for the means, methods, techniques, sequences or procedures of construction

selected by Contractor or safety precautions and programs incident to the work of Contractor or

for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or

orders applicable to Contractor furnishing and performing work. Accordingly, ARCHITECT

can neither guarantee the performance of the construction contracts by Contractor nor assume

responsibility for Contractor’s failure to furnish and perform work in accordance with the

Contract Documents. However, if ARCHITECT observes a construction means, method,

technique, sequence or procedure which will delay the work or cause a defect in the work,

ARCHITECT shall immediately report such information to PM/CM.

13. All site visits shall be documented by written and dated ARCHITECT’s Field Report. Issues

requiring action by the ARCHITECT or its consultants shall also be recorded, dated and

appended to the ARCHITECT’S Field Report. The ARCHITECT shall provide at least a draft

copy to the PM/CM at the site on the same day of the site visit and provide the final version

within 3 working days.

14. ARCHITECT shall perform all Special Inspections as required by the contract documents.

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15. ARCHITECT will review the contractors’ as-built drawings throughout the construction phase

to insure that they are updated monthly and current. A final review of the completed as-builts

documents will be provided. As-builts shall be submitted to PM/CM on 4 mil mylars for their

review and certification.

G. CONSTRUCTION PHASE SERVICES [WITHOUT PM/CM]

1. PROGRAM MANAGEMENT

1.1 In consultation with GILBERT, the ARCHITECT shall facilitate a Pre-Construction

Conference during which ARCHITECT shall review the Project organization, communication

protocols, security, responsibilities and other general project procedures and other matters set

forth in the Construction Contract documents. ARCHITECT shall record and distribute

meeting minutes to all parties in attendance.

1.2 ARCHITECT shall provide and maintain a management team on the Project site to provide

contract administration and to be GILBERT’S representative and to establish and implement

coordination and communication procedures among ARCHITECT, GILBERT and Contractors.

Construction observation for the Project shall be performed by personnel of ARCHITECT with

sufficient expertise to determine whether the construction is proceeding in accordance with the

Construction Contract Documents. If the lead ARCHITECT is not a part of the on-site

management team the ARCHITECT or subconsultants shall visit the site bi-weekly to review

the construction progress.

1.3 ARCHITECT shall establish and implement procedures for expediting and processing requests

for information, shop drawings, material and equipment sample submittals, contract schedule

adjustments, change orders, substitutes and payment requests and the maintenance of Logs for

tracking all relevant information related to the above. ARCHITECT shall maintain daily job

reports and provide to GILBERT on a weekly basis. As GILBERT’S representative at the

construction site, if provided for in the Construction Phase Procedures approved by GILBERT,

ARCHITECT shall be the party to whom requests for information, submittals, Contractor

schedule adjustments, substitutes, change order requests and payment applications shall be

submitted.

1.4 ARCHITECT shall establish and implement a program to monitor the quality of the

construction. The purpose of the program shall be to assist in guarding GILBERT against

defects and deficiency in the work of the Contractor. While ARCHITECT shall not be

responsible for construction means, methods, techniques, sequences and procedures employed

by the construction contractor in the performance of its contract, nor be responsible for the

failure of the construction contractor to carry out work in accordance with the Contract

Documents, ARCHITECT shall nevertheless advise GILBERT whether the construction

means, methods, techniques, sequences or procedures will delay the work or cause a defect in

the work. ARCHITECT may reject work and transmit to GILBERT and Contractor a notice

of nonconforming work when it is the opinion of ARCHITECT or GILBERT that the Work

does not conform to the requirements of the Contract Documents. ARCHITECT 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

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performed in accordance with the Contract Documents. No action taken by ARCHITECT shall

relieve any or all of the Contractors from their obligation to perform their work in strict

conformity with the Contract Documents and in strict conformity with all other applicable laws,

rules and regulations. Such limits of authority shall be made clear and enforced by GILBERT

in the Contractor’s Contract Documents. Communication between ARCHITECT and

Contractor with regard to Quality Review shall not in any way be construed as binding

ARCHITECT or GILBERT as releasing the Contractor from the fulfillment of any of the terms

of his Contract Documents. ARCHITECT is not responsible for, nor does ARCHITECT

control, the means and methods of construction for the Project. It is understood that

ARCHITECT’S action in providing Quality Review as stated herein is a service to GILBERT

and by performing as provided herein, ARCHITECT is not acting in a manner so as to assume

responsibility or liability, in whole or in part, for all or any part of the construction work for the

Project.

1.5 ARCHITECT shall preside over weekly construction meetings at the Project site or GILBERT

Municipal Center with Contractor and GILBERT. ARCHITECT shall record and distribute

meeting minutes to all parties in attendance.

1.6 ARCHITECT shall review submittals submitted to PM/CM and forwarded to ARCHITECT,

including but not limited to shop drawings, samples, product information, shop and mill test

results, alternate products, O&M manuals and warranties for compliance with the Contract

Documents. Upon review, submittals shall be marked with appropriate comments by

ARCHITECT on six returned copies. Reviewed submittals shall be returned to the Contractor

via the PM/CM for appropriate action within (21) days of the original submittal date from the

Contractor.

1.7 ARCHITECT shall respond to Requests for Information forwarded to ARCHITECT by

PM/CM. ARCHITECT shall issue, as necessary, written and verbal interpretations and

clarifications of the Contract Documents. ARCHITECT shall prepare sketches to clarify

Contract Documents where necessary. Responses shall be returned to the contractor, thru the

PM/CM, within 7 days of the original submittal date by the contractor.

1.8 If any errors are discovered in the plans and specifications, ARCHITECT shall issue

supplemental drawings or details to clarify issues to the contractor thru the PM/CM.

ARCHITECT shall indicate if items are for clarification only or added scope (cost) to the

Contractor. ARCHITECT shall not be compensated for such services.

1.9 Technical inspections and testing shall be coordinated by ARCHITECT. ARCHITECT 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. ARCHITECT is not responsible for providing, nor does

ARCHITECT control, the actual performance of technical inspection and testing.

ARCHITECT is performing a coordination function and is not acting in a manner so as to

assume responsibility or liability, in whole or in part, for any part of such inspection and

testing.

1.10 ARCHITECT will be responsible for monitoring of preliminary equipment start-up. Start up

will generally follow the procedure outlined in the Contract Documents. ARCHITECT shall be

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responsible for determining existing process operational modifications to facilitate start up of

new facilities and monitor the initial process settings and initial equipment operation.

1.10.1 ARCHITECT shall be responsible for evaluating initial process operations and

Contractor’s preliminary equipment testing and seven day process testing.

1.10.2 ARCHITECT will be responsible for monitoring all phases of start up.

1.11 ARCHITECT shall perform all Special Inspections as required by the contract documents.

1.12 ARCHITECT to review and approve all Contractor pay applications prior to submittal to

Gilbert.

1.13 ARCHITECT shall review all requests for changes to the contract time or price submitted by a

Contractor, assemble information concerning the request and endeavor to determine the cause

of the requests and make recommendations to GILBERT with respect to acceptance of the

requests. ARCHITECT will implement GILBERT’S decisions regarding all requests for

changes. All changes to the Construction Contract between GILBERT and Contractor shall

only be made by change orders executed by GILBERT.

1.14 ARCHITECT will review the contractors’ as-built drawings throughout the construction phase

to insure that they are updated monthly and current. As-builts shall be submitted to the

ARCHITECT by the Contractor for their review and certification prior to final completion.

1.15 As required by the Contract Documents, ARCHITECT shall receive from the Contractor as-

built drawings, operation and maintenance manuals, warranties and guarantees for materials

and equipment installed on the Project, and review such documents for completeness and

submit one complete package of the documents to GILBERT.

1.16 In consultation with GILBERT’S inspectors (when applicable), ARCHITECT shall review the

Contractor’s request for Substantial Completion and Final Completion and recommend to

GILBERT when the Project and the Contractor’s Work has achieved Substantial and Final

Completion. ARCHITECT shall, prior to issuing a Certificate of Substantial Completion,

compile a list of incomplete work (punch list) which does not conform to the Contract

Documents. This list shall be attached to the Certificate of Substantial Completion.

ARCHITECT shall issue the Certificate of Substantial Completion and Certificate of Final

Completion to the Contractor only after approval from GILBERT. ARCHITECT shall provide

to GILBERT a written recommendation regarding final payment to the Contractor.

2. TIME MANAGEMENT

2.1 Upon receipt of the initial contract schedule and preliminary contract schedule, ARCHITECT

shall review such schedules and provide comments to GILBERT. ARCHITECT shall also

review Contractor requests for time extensions recovery schedules as required.

2.2 ARCHITECT shall adjust and update the Master Schedule and distribute copies to GILBERT.

Recommendations for such adjustments to the Master Schedule shall be made to GILBERT,

and upon GILBERT’S approval shall be incorporated by ARCHITECT.

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2.3 ARCHITECT shall review the Contractor’s Construction Schedule and shall verify that the

schedule is prepared in accordance with the requirements of the Contract Documents and that it

establishes completion dates that comply with the requirements of the Contract Documents. If

changes in the Master Schedule maintained by ARCHITECT are appropriate, ARCHITECT

shall make such modifications as approved by GILBERT.

2.4 ARCHITECT shall, on a monthly basis, review the progress of construction of each Contractor,

shall evaluate the percentage complete of each construction activity as indicated in the

Contractor’s Construction Schedule and shall review such percentages with the Contractor.

This evaluation shall serve as data for input to the periodic Construction Schedule Report that

shall be prepared and distributed to GILBERT. The Report shall indicate the actual progress

compared to scheduled progress and shall serve as the basis for the progress payments to the

Contractor. ARCHITECT shall advise and make recommendations to GILBERT concerning

the alternative courses of action that GILBERT may take in its efforts to achieve contract

compliance by the Contractor.

2.5 Prior to the issuance of change orders, ARCHITECT shall advise GILBERT as to the effect of

the Change Order on the Master Schedule.

2.6 ARCHITECT shall review any recovery schedule submitted by the Contractor for compliance

with the Contract Documents. If changes in the Master Schedule maintained by ARCHITECT

are appropriate, ARCHITECT shall make such modifications as approved by GILBERT.

3. COST MANAGEMENT

3.1 The Contractor’s Construction Schedule shall have the total contract price allocated among the

Contractor’s scheduled activities so that each of the Contractor’s activities shall be allocated a

price and the sum of the prices of the activities all equal the total contract price. ARCHITECT

shall review the contract price allocations and verify that such allocations are made in

accordance with the requirements of the Contract Documents. Progress payments to the

Contractor shall be based on the Contractor’s percentage of completion of the scheduled

activities as set out in the Construction Schedule Reports and the Contractor’s compliance in

accordance with the Contract Documents.

3.2 ARCHITECT shall review and approve the contractors Schedule of Values and Cash Flow

prior to the submittal of the first pay application.

3.3 ARCHITECT shall establish and implement a change order control system. All proposed

change orders shall first be described in detail by ARCHITECT in a request for a proposal to

the Contractor, and shall be accompanies by technical drawings and specifications prepared by

the ARCHITECT. In response to the request for a proposal, the Contractor shall submit to

ARCHITECT for evaluation detailed information concerning the cost and time adjustments, if

any, as may be necessary to perform the proposed change work order. ARCHITECT shall

discuss the proposed change order with the Contractor and endeavor to determine the

Contractor’s basis of the cost and time impacts of performing the work. ARCHITECT shall

review and provide GILBERT with written reports as to engineering soundness and

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construction practicality regarding such decisions made or actions taken by the ARCHITECT.

ARCHITECT shall make recommendations to GILBERT as to engineering soundness of the

proposed change and whether ARCHITECT believes the change in the work is in the best

interest of the Project, prior to GILBERT’S execution of change orders. ARCHITECT shall

verify that change order work and adjustments of time, if any, required by approved change

orders have been incorporated in to the Contractor’s Construction Schedule.

3.4 In instances when a lump sum or unit price is not determined prior to performing work

described in a request for a proposal, ARCHITECT shall request from the Contractor records of

the cost of payroll, materials and equipment and the amount of payments to subcontractor’s

incurred by the Contractor in performing the work.

3.5 ARCHITECT shall review the payment applications submitted by each Contractor and

determine whether the amount requested reflects the progress of the Contractor’s work.

ARCHITECT shall make appropriate adjustments to each payment application and shall

provide and forward to GILBERT a Progress Payment Report. The Report shall state the total

contract price, payments to date, current payment requested, retainage, actual amounts owed for

the current period and an updated schedule for work completed to date. Included in this report

shall be a Certificate of Payment that shall be signed by ARCHITECT and delivered to

GILBERT. The issuance of a Certificate of Payment by ARCHITECT shall constitute a

representation by ARCHITECT to GILBERT, based on ARCHITECT’S observations and

inspections at the site and on the data comprising the Contractor’s application for payment, that

the work has progressed to the point indicated; that, to the best of ARCHITECT’S knowledge,

information and belief, the quality of the work is in accordance with the Contract Documents

(subject to an evaluation of the work for conformance with the Contract Documents upon

Substantial Completion, and to the results of any subsequent tests required by or performed

under the Contract Documents, to minor deviations from the Contract Documents correctable

prior to completion, and to any specific qualifications stated in the application for payment);

and that the Contractor is entitled to payment in the amount certified. Issuance of a Certificate

of Payment shall not be a representation that ARCHITECT has made any examination to

ascertain how and for what purpose the Contractor has used the monies paid on account of the

contract sum.

4. MANAGEMENT INFORMATION SYSTEM (MIS)

4.1 ARCHITECT shall prepare and distribute monthly Schedule Update Reports during the

Construction Phase. The Reports shall compare the actual construction dates to scheduled

construction dates of each separate contract, milestone dates (if any), and to the Master

Schedule for the Project.

4.2 ARCHITECT shall prepare and distribute monthly Project Cost Reports during the

Construction Phase. The Reports shall specify actual Project and construction costs compared

to GILBERT-approved Project and Construction Budget.

4.3 ARCHITECT shall make recommendations to GILBERT on the impact of construction

changes that may result in revision to the Project and Construction Budget.

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4.4 ARCHITECT shall prepare and distribute monthly Cash Flow Reports during the Construction

Phase. The Reports shall specify actual cash flow as compared to projected cash flow.

4.5 ARCHITECT shall prepare and distribute monthly Progress Payment Reports to GILBERT.

The Reports shall state the total construction contract price, payment to date, current payment

requested, retainage and actual amounts owed this period. A portion of this Report shall be a

Certificate of Payment that shall be signed by ARCHITECT, and delivered to GILBERT for

use by GILBERT in making payments to the Contractor.

4.6 ARCHITECT shall prepare and distribute monthly Change Order Reports during the

Construction Phase. The Report shall list all GILBERT-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.

4.7 ARCHITECT shall verify that safety programs are submitted to GILBERT by the Contractor,

as required by their Contract Documents. ARCHITECT shall not be responsible for or have

any liability in whole or in part for Contractor implementation of or compliance with

Contractor safety programs and safety laws, regulations, etc., nor shall ARCHITECT be

responsible for the adequacy, or completeness, of Contractor Safety Programs or the

Contractor’s compliance and performance thereof. ARCHITECT has no responsibility for

review of safety programs.

H. POST CONSTRUCTION PHASE SERVICES [WITH PM/CM]

1. ARCHITECT will be responsible for monitoring of preliminary equipment start-up. Start up

will generally follow the procedure outlined in the Contract Documents. ARCHITECT shall be

responsible for determining existing process operational modifications to facilitate start up of

new facilities and monitor the initial process settings and initial equipment operation.

1.1 ARCHITECT shall be responsible for evaluating initial process operations and

Contractor’s preliminary equipment testing and seven day process testing.

1.2 ARCHITECT will be responsible for monitoring all phases of start up.

2. ARCHITECT shall assist the Contractor in obtaining a Certificate of Occupancy by

accompanying governmental officials during inspections of the Project, preparing and

submitting documentation to governmental agencies and coordinating final testing and other

activities.

3. ARCHITECT with assistance from GILBERT and PM/CM shall perform a final project

inspection. ARCHITECT shall prepare a final punch list to be attached to the Certificate of

Substantial Completion.

4. ARCHITECT shall perform back checks of the punch list until all items are complete.

5. ARCHITECT shall provide recommendation for issuance of Substantial and Final Completion

of the project to GILBERT.

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6. ARCHITECT shall receive as-built drawings from Contractor and incorporate changes onto 4

mil mylar drawings and deliver to GILBERT Staff. ARCHITECT shall be responsible for

certifying the as-built drawings. “Certify the as-built drawings” means the as-built drawings

will be signed, sealed and dated by ARCHITECT(s) registered in the State of Arizona in his

field of competence.

7. Prior to the Final Completion of the Project, ARCHITECT shall compile manufacturers’

operations and maintenance manuals, warranties and guarantees as received from the

Contractors, and submit one complete package to GILBERT.

8. ARCHITECT shall submit a recommendation for final acceptance of the project to GILBERT

and issue a Certificate of Final Completion, upon GILBERT’S concurrence.

9. ARCHITECT shall respond to warranty issues as needed for a period of 1 year after final

acceptance of the project. ARCHITECT shall schedule and conduct a warranty inspection 10

months after final acceptance of the Project with GILBERT and Contractor.

H. POST-CONSTRUCTION PHASE SERVICES [WITHOUT PM/CM]

1. PROJECT MANAGEMENT

1.1 ARCHITECT shall be responsible for preliminary equipment start-up. Start up will generally

follow the procedure outlined in the Contract Documents. ARCHITECT shall be responsible

for determining existing process operational modifications to facilitate start up of new facilities

and monitor the initial process settings and initial equipment operation.

1.1.1 ARCHITECT shall be responsible for evaluating initial process operations and

Contractor’s preliminary equipment testing and seven day process testing.

1.1.2 ARCHITECT will be responsible for monitoring all phases of start up.

1.2 ARCHITECT shall assist the Contractor in obtaining a Certificate of Occupancy by

accompanying governmental officials during inspections of the Project, preparing and

submitting documentation to governmental agencies and coordinating final testing and other

activities.

1.3 ARCHITECT shall provide final inspections and prepare final punch list to be attached to the

Certificate of Substantial Completion.

1.4 ARCHITECT shall perform back checks of the punch list until all items are complete.

1.5 ARCHITECT shall submit a recommendation for acceptance of the project to GILBERT and

issue a Certificate of Substantial Completion upon GILBERT’S concurrence.

1.6 ARCHITECT shall receive as-built drawings from Contractor and incorporate changes onto 4

mil mylar drawings and deliver to GILBERT Staff. ARCHITECT shall be responsible for

certifying the as-built drawings. “Certify the as-built drawings” means the as-built drawings

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will be signed, sealed and dated by ARCHITECT(s) registered in the State of Arizona in his

field of competence.

1.7 Prior to the Final Completion of the Project, ARCHITECT shall compile manufacturers’

operations and maintenance manuals, warranties and guarantees as received from the

Contractors, and submit one complete package to GILBERT.

1.8 ARCHITECT shall submit a recommendation for final acceptance of the project to GILBERT

and issue a Certificate of Final Completion, upon GILBERT’S concurrence.

1.9 ARCHITECT shall respond to warranty issues as needed for a period of 1 year after final

acceptance of the project. ARCHITECT shall schedule and conduct a warranty inspection 10

months after final acceptance of the Project with GILBERT and Contractor.

2. COST MANAGEMENT

ARCHITECT shall continue to provide services related to change orders during the Post-

Construction Phase.

3. MANAGEMENT INFORMATION SYSTEMS (MIS)

At the conclusion of the Project, ARCHITECT shall prepare final project cost and close-out

reports. ARCHITECT shall submit all project documents electronically to GILBERT in (1)

complete package.

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Architect Scope and Exhibits for DBB Project

Revised December 27, 2016

EXHIBIT B

ARCHITECT KEY PERSONNEL AND SUBCONTRACTORS

ARCHITECT KEY PERSONNEL:

SUBCONTRACTORS:

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EXHIBIT C

SCHEDULE OF WORK

A. Promptly after the execution of this Agreement, the ARCHITECT shall prepare and submit for

approval to GILBERT a Schedule of Work showing the order in which ARCHITECT proposes

to carry our ARCHITECT’S work. The schedule shall apply to the completion of all services

listed hereunder within the times established by this Agreement. The Schedule shall be in the

form of a progress chart clearly delineating all important increments and review dates.

ARCHITECT shall update the Schedule of Work on a monthly basis and deliver to GILBERT

along with the monthly billing.

B. ARCHITECT shall complete all work and services required under for the Pre-Design and

ARCHITECTURAL Program scope within ____ working days after written authorization from

GILBERT to proceed.

C. ARCHITECT shall complete all work and services required under for the Schematic Design

scope within ____ working days after written authorization from GILBERT to proceed.

D. ARCHITECT shall complete all work and services required under the Design Development

scope within ____ working days after receipt of a written authorization from GILBERT to

proceed.

E. ARCHITECT shall complete all work and services required under Construction Document

scope up through and including the Substantial Completion stage within ____ working days

after receipt of a written authorization from GILBERT to proceed. Excluded from this duration

is the time associated with the construction document back-check stage.

F. ARCHITECT shall proceed with all work and services required under the Bidding Phase within

____ working days after receipt of a written authorization from GILBERT to proceed.

G. ARCHITECT shall proceed with all work and services required under the Construction Phase,

upon the commencement of construction, and shall continue through completion and

acceptance of the Project by GILBERT.

H. The durations stated above include the review periods required by GILBERT and all other

regulatory agencies.

I. All times to complete tasks set forth in this Exhibit are of the essence. If delays in schedules

are imposed by GILBERT’S inability to comply with requested meeting schedules,

ARCHITECT shall maintain the right to request an adjustment in schedule if deemed necessary

to meet the deadlines set forth in this Exhibit. If approved, such extensions shall be authorized

in writing by GILBERT.

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Revised December 27, 2016

EXHIBIT D

PAYMENT SCHEDULE

A. COMPENSATION

1. The consideration of payment to ARCHITECT, as provided herein shall be in full

compensation for all of ARCHITECT’S work incurred in the performance hereof,

including offices, travel, per diem or any other direct or indirect expenses incident to

providing the services.

2. Attached hereto as Exhibit D-1 is the ARCHITECT’S hours and fee estimate for the

Project. ARCHITECT’S fee shall not exceed the amounts:

Description Amount

a. Pre-Design and Architectural Programming

b. Schematic Design

c. Design Development

d. Construction Document

e. Bid and Award Phase

f. Construction Phase

g. Post Construction Phase __________________

B. METHOD OF PAYMENT

Invoices shall be on a form and in the format provided by GILBERT and are to be submitted to

GILBERT via GILBERT’S authorized representative.

C. REIMBURSABLE COSTS

ARCHITECT will be reimbursed for expenses up to a maximum amount of $___________.

The items allowable for reimbursement are as follows:

1. Cost of transportation. (Mileage associated with Project, but not to/from Project site

at____ cents per mile. Any out of state travel must receive prior approval of

GILBERT.)

2. Costs of printing, as required by the contract.

All reimbursable costs must be submitted with monthly bill.

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EXHIBIT E

CHANGE ORDER NO. __________

(A/E and/or PM/CM)

PROJECT:

DATE:

OWNER: Town of Gilbert

PROJECT NO:

CONTRACT NO:

CONTRACT DATED:

A/E: (Name)

PM/CM: (Name)

CHANGES: The CONTRACT is changed as follows: (Insert brief description)

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

COST/TIME: Original CONTRACT SUM: $_________________

Previously Authorized CHANGE ORDERS: $_________________

CONTRACT sum prior to this CHANGE ORDER: $_________________

CHANGE ORDER # Amount: $_________________

New CONTRACT SUM: $_________________

CONTRACT TIME will be increased by:

SUBSTANTIAL COMPLETION as of this Change Order:

Approved/Accepted by:

A/E (Name) (Date)

PM/CM (Name) (Date)

GILBERT: (Name) (Date)

Not valid until signed by GILBERT and/or A/E and/or PM/CM. Signature of A/E

and/or PM/CM indicates acceptance, including CONTRACT SUM and CONTRACT TIME.