Common use of PRE-CONSTRUCTION PHASE FEE Clause in Contracts

PRE-CONSTRUCTION PHASE FEE. The Pre-Construction Phase Fee is the total compensation payable to Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement. 6.1 Except as specifically allowed by Owner, Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Construction Phase Fee shall be equitably adjusted. If the AACC is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACC. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 For Additional Pre-Construction Phase Services that are approved in advance and in writing by Owner, Contractor shall be entitled to additional compensation computed as follows: 6.4.1 A pre-established lump sum amount; or 6.4.2 The hourly cost of Contractor’s employees or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 As otherwise agreed in advance and in writing.

PRE-CONSTRUCTION PHASE FEE. The Pre-Construction Phase Fee is the total compensation payable to Contractor the Construction Manager for the performance of Pre-Construction Phase phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC CCL established in this Agreement. 6.1 . Except as specifically allowed by Ownerin paragraph 6.4, Contractor the Construction Manager shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 . Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 . If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall may be equitably adjusted. If the AACC CCL is changed materially before or after acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be adjusted in writing in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Contractor Construction Manager shall be entitled to additional compensation computed as follows: 6.4.1 a: A pre-established lump sum amount; or 6.4.2 or The hourly cost of ContractorConstruction Manager’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 or As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre-Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement. 6.1 6.2 Except as specifically allowed by Owner, Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Construction Phase Fee shall be equitably adjusted. If the AACC is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACC. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by Owner, Contractor shall be entitled to additional compensation computed as follows: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of Contractor’s employees or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Pre- Construction Phase Services, plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed in advance and in writing.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement. 6.1 6.2 Except as specifically allowed by Owner, Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Construction Phase Fee shall be equitably adjusted. If the AACC is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACC. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by Owner, Contractor shall be entitled to additional compensation computed as follows: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of Contractor’s employees or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed in advance and in writing.

PRE-CONSTRUCTION PHASE FEE. The Pre-Construction Phase Fee is the total compensation payable to Contractor the Construction Manager for the performance of Pre-Construction Phase phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC CCL established in this Agreement. 6.1 . When Design-Assist Pre-Construction Phase Subcontractor services are implemented on a Project those shall be proposed as a Lump Sum, Hourly Not to Exceed, other delivery terms as determined by the Owner. Except as specifically allowed by Ownerin paragraph 6.4, Contractor the Construction Manager shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities liabilities, or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 . Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 . If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall may be equitably adjusted. If the AACC CCL is changed materially before or after acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be adjusted in writing in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Contractor Construction Manager shall be entitled to additional compensation computed based the manner determined by the Owner as follows: 6.4.1 : A pre-established lump sum amount; or 6.4.2 or The hourly cost of ContractorConstruction Manager’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s timesheets for the specific tasks performed and Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 or As otherwise agreed by the parties in advance and in writingof performing the Additional Pre-Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to Contractor the Construction Manager for the performance of Pre-Construction Phase phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC CCL established in this Agreement. 6.1 6.2 Except as specifically allowed by Ownerin paragraph 6.4, Contractor the Construction Manager shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall may be equitably adjusted. If the AACC CCL is changed materially before or after acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be adjusted in writing in proportion to the change in the AACC. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP ProposalCCL. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Contractor Construction Manager shall be entitled to additional compensation computed as followsa: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of ContractorConstruction Manager’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre- Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. The Pre-Construction Phase Fee is the total compensation payable to the Design/Build Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC CCL established in this Agreement. 6.1 . Except as specifically allowed by Ownerin paragraph 6.4, the Design/Build Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 . Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; fees and other payments to the Project Architect, its consultants and other professional service providers hired by the Design/Build Contractor to perform the Design Services; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 . If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall be equitably adjusted. If the AACC CCL is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 . For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Design/Build Contractor shall be entitled to additional compensation computed as follows: 6.4.1 a: A pre-established lump sum amount; or 6.4.2 or The hourly cost of Design/Build Contractor’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate Direct Salary Expense rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 or As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre-Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to Contractor Construction Manager for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC CCL established in this Agreement. 6.1 6.2 Except as specifically allowed by Ownerin paragraph 6.4, Contractor Construction Manager shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall may be equitably adjusted. If the AACC CCL is changed materially materially, due to a change in the project scope, before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be equitably adjusted in writing solely at the discretion of Owner in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by Owner, Contractor Construction Manager shall be entitled to additional compensation computed as followsa: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of ContractorConstruction Manager’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre- Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to Design/Build Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement. 6.1 6.2 Except as specifically allowed by Ownerin paragraph 6.4, Design/Build Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; fees and other payments to Project A/E, its consultants and other professional service providers hired by Design/Build Contractor to perform the Design Services; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall be equitably adjusted. If the AACC CCL is changed materially materially, due to a change in the project scope, before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be equitably adjusted in writing solely at the discretion of Owner in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Pre- Construction Phase Fee following acceptance of the GMP Proposal. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by Owner, Design/Build Contractor shall be entitled to additional compensation computed as followsa: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of Design/Build Contractor’s employees employee’s or consultants who actually perform the Additional Pre-Construction Phase Services based on the employee’s Worker Wage Rate Direct Salary Expense rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre- Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to the Design/Build Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC CCL established in this Agreement. 6.1 6.2 Except as specifically allowed by Ownerin paragraph 6.4, the Design/Build Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; fees and other payments to the Project Architect, its consultants and other professional service providers hired by the Design/Build Contractor to perform the Design Services; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall be equitably adjusted. If the AACC CCL is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Design/Build Contractor shall be entitled to additional compensation computed as followsa: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of Design/Build Contractor’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate Direct Salary Expense rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre- Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. The Pre-Construction Phase Fee is the total compensation payable to Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement. 6.1 Except as specifically allowed by Owner, Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 If the scope of the Pre-Construction Phase Services scope is changed materially, the Pre- Pre-Construction Phase Fee shall be equitably adjusted. If the AACC is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACC. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 For Additional Pre-Construction Phase Services that are approved in advance and in writing by Owner, Contractor shall be entitled to additional compensation computed as follows: 6.4.1 A pre-established lump sum amount; or 6.4.2 The hourly cost of Contractor’s employees or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Pre- Construction Phase Services, plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 As otherwise agreed in advance and in writing.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to the Design/Build Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC CCL established in this Agreement. 6.1 6.2 Except as specifically allowed by Ownerin paragraph 6.4, the Design/Build Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; fees and other payments to the Project Architect, its consultants and other professional service providers hired by the Design/Build Contractor to perform the Design Services; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall be equitably adjusted. If the AACC CCL is changed materially materially, due to a change in the project scope, before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be equitably adjusted in writing solely at the discretion of the Owner in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Design/Build Contractor shall be entitled to additional compensation computed as followsa: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of Design/Build Contractor’s employees employee’s or consultants who actually perform the Additional Pre-Construction Phase Services based on the employee’s Worker Wage Rate Direct Salary Expense rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre- Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to Contractor the Construction Manager for the performance of Pre-Construction Phase phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC CCL established in this Agreement. 6.1 6.2 Except as specifically allowed by Ownerin paragraph 6.4, Contractor the Construction Manager shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall may be equitably adjusted. If the AACC CCL is changed materially materially, due to a change in the project scope, before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be equitably adjusted in writing solely at the discretion of the Owner in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Contractor Construction Manager shall be entitled to additional compensation computed as followsa: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of ContractorConstruction Manager’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre- Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to Contractor the Construction Manager for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC CCL established in this Agreement. 6.1 6.2 Except as specifically allowed by Ownerin paragraph 6.4, Contractor the Construction Manager shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall may be equitably adjusted. If the AACC CCL is changed materially materially, due to a change in the project scope, before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be equitably adjusted in writing solely at the discretion of the Owner in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Contractor Construction Manager shall be entitled to additional compensation computed as followsa: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of ContractorConstruction Manager’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre- Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to the Design/Build Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established CCL set forth in this Agreement. 6.1 6.2 Except as specifically allowed by Ownerin paragraph 6.4, the Design/Build Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; fees and other payments to the Project Architect, its consultants and other professional service providers hired by the Design/Build Contractor to perform the Design Services; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall be equitably adjusted. If the AACC CCL is changed materially materially, due to a change in the project scope, before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be equitably adjusted in writing solely at the discretion of the Owner in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Pre- Construction Phase Fee following acceptance of the GMP Proposal. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Design/Build Contractor shall be entitled to additional compensation computed as followsa: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of Design/Build Contractor’s employees employee’s or consultants who actually perform the Additional Pre-Construction Phase Services based on the employee’s Worker Wage Rate Direct Salary Expense rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre- Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 7.1 The Pre-Construction Phase Fee is the total compensation payable to Contractor the Construction Manager for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement. 6.1 7.2 Except as specifically allowed by Ownerin paragraph 7.4, Contractor the Construction Manager shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 7.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Pre- Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 7.4 If the scope of the Pre-Construction Phase Services is changed substantially and materially, the Pre- Construction Phase Fee shall be equitably adjusted. If the AACC is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be equitably adjusted as agreed to in writing a separate written agreement by the parties. Pre-Construction Phase Services shall commence at the time of notice to proceed and continue until the Owner’s acceptance of the GMP. Pre-Construction Phase Services shall not be limited in proportion to the change in the AACCduration. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 7.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Contractor Construction Manager shall be entitled to additional compensation computed as followsas: 6.4.1 7.5.1 A pre-established lump sum amount; or 6.4.2 7.5.2 The hourly cost of ContractorConstruction Manager’s employees or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 7.5.3 As otherwise agreed to by the parties in writing in advance and in writingof performing the Additional Pre-Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. The Pre-Construction Phase Fee is the total compensation payable to Contractor the Construction Manager for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement. 6.1 Except as specifically allowed by Ownerin paragraph 8.4, Contractor the Construction Manager shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 . Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 . If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall be equitably adjusted. If the AACC CCL is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 . For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Contractor Construction Manager shall be entitled to additional compensation computed as follows: 6.4.1 as: A pre-established lump sum amount; or 6.4.2 or The hourly cost of ContractorConstruction Manager’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 or As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre-Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 7.1 The Pre-Construction Phase Fee is the total compensation payable to Contractor Construction Manager for the performance of Pre-Construction Phase Services, except for Additional Pre-Pre- Construction Phase Services approved in advance and in writing by Owner. The Pre-Pre- Construction Phase Fee shall will be a lump sum amount based on the AACC CCL established in this AgreementContract. 6.1 7.1.1 Except as specifically allowed by Ownerin Section 7.1.2, Contractor shall Construction Manager will not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities liabilities, or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 7.1.2 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling scheduling, and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 7.1.3 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Construction Phase Fee shall may be equitably adjusted. If the AACC CCL is changed materially before or after acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be adjusted in writing in proportion to the change in the AACC. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP ProposalCCL. 6.4 7.1.4 For Additional Pre-Construction Phase Services that are approved in advance and in writing by Owner, Contractor shall Construction Manager will be entitled to additional compensation computed as followsas: 6.4.1 7.1.4.1 A pre-established lump sum amount; or 6.4.2 7.1.4.2 The hourly cost of ContractorConstruction Manager’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) % of the total cost; or 6.4.3 7.1.4.3 As otherwise agreed to by the Parties in advance and in writingof performing the Additional Pre-Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to Contractor the Construction Manager for the performance of Pre-Construction Phase phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC CCL established in this Agreement. 6.1 6.2 Except as specifically allowed by Ownerin paragraph 6.4, Contractor the Construction Manager shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services.. DRAFT 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall may be equitably adjusted. If the AACC CCL is changed materially before or after acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be adjusted in writing in proportion to the change in the AACC. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP ProposalCCL. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Contractor Construction Manager shall be entitled to additional compensation computed as followsa: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of ContractorConstruction Manager’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre- Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. The Pre-Construction Phase Fee is the total compensation payable to Contractor the Design-Build Firm for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC CCL established in this Agreement. 6.1 . Except as specifically allowed by Ownerin paragraph 6.4, Contractor the Design-Build Firm shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 . Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; fees and other payments to the Project Architect/Engineer, its consultants and other professional service providers hired by the Design-Build Firm to perform the Design Services; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 . If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall be equitably adjusted. If the AACC CCL is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 . For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Contractor Design-Build Firm shall be entitled to additional compensation computed as follows: 6.4.1 a: A pre-established lump sum amount; or 6.4.2 or The hourly cost of ContractorDesign-Build Firm’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate Direct Salary Expense rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 or As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre-Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to Contractor the Construction Manager for the performance of Pre-Construction Phase phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC Owner’s Construction Budget established in this Agreement. 6.1 6.2 Except as specifically allowed by Ownerin paragraph 6.4, Contractor the Construction Manager shall not be entitled to any increase in the Pre-Construction Phase Fee and shall not be entitled to reimbursement for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 Costs associated with the following items are specifically, but not exclusively, included in the establishment including preparation of the Pre-GMP Proposal and Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awardsbid documents. 6.3 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall be equitably adjusted. If the AACC Owner’s Construction Budget is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be equitably adjusted in writing in proportion to the change in the AACCas agreed upon by Construction Manager and Owner. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Contractor Construction Manager shall be entitled to additional compensation computed as followsa: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of ContractorConstruction Manager’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre-Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Services Fee and the Design Services Fee are collectively referred to as the “Pre- Construction Phase Fee”. Such Pre-Construction Phase Fee is the total compensation payable to the Design/Build Contractor for the performance of Pre-Construction Phase Services, except for Additional Services required for the Pre-Construction Phase (Additional Pre-Construction Services and/or Additional Design Services) approved in advance and in writing by the Owner. The Pre-Pre- Construction Phase Fee and the Design Services Fee shall each be a lump sum amount based on the AACC established as set out in this AgreementParagraph 24.2. 6.1 6.2 Except as specifically allowed by Ownerin Paragraph 6.4, the Design/Build Contractor shall not be entitled to any increase in the Pre-Construction Phase Services Fee or the Design Services Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services, including but not limited to any fees to be paid to Design/Build Contractor’s design professionals (including the Project Architect/Engineer) for Design Services performed or required to be performed under Article 5 (Pre-Construction Phase Services). 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Services Fee and Design Services Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; fees and other payments to the Project Architect/Engineer, its consultants and other professional service providers hired by the Design/Build Contractor to perform the Design Services; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- (whether Pre-Construction Phase Fee shall be equitably adjusted. If the AACC Services or Design Services or both) is changed materially before acceptance of by the GMP ProposalOwner, the Pre-Construction Phase Fee and/or the Design Services Fee, as applicable, shall be equitably adjusted through negotiation with the Owner or as otherwise expressly provided by the Contract Documents. Personnel rates for Additional Services under Paragraph 24.6 or the Special Conditions shall be used in writing in proportion to computing any equitable adjustment, except as otherwise mutually agreed by the change in the AACCparties. There shall be no adjustments in the Pre-Construction Phase Fee or the Design Services Fee following acceptance of the GMP Proposal. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Design/Build Contractor shall be entitled to additional compensation computed as follows: 6.4.1 A pre-established lump sum amount; or 6.4.2 The hourly cost of Contractor’s employees or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Rate plus the actual cost of allowable expenses incurred provided in the performance of the Additional Pre-Construction Phase Services, plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 As otherwise agreed in advance and in writingParagraph 24.6.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to the Design/Build Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established CCL set forth in this Agreement. 6.1 6.2 Except as specifically allowed by Ownerin paragraph 6.4, the Design/Build Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; fees and other payments to the Project Architect, its consultants and other professional service providers hired by the Design/Build Contractor to perform the Design Services; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall be equitably adjusted. If the AACC CCL is changed materially materially, due to a change in the project scope, before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be equitably adjusted in writing solely at the discretion of the Owner in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Design/Build Contractor shall be entitled to additional compensation computed as followsa: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of Design/Build Contractor’s employees employee’s or consultants who actually perform the Additional Pre-Construction Phase Services based on the employee’s Worker Wage Rate Direct Salary Expense rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre- Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to Contractor the Construction Manager for the performance of Pre-Construction Phase Services, except for Additional any additional Pre-Construction Phase Services approved in advance and in writing by Ownerthe City. The Pre-Pre- Construction Phase Fee shall be a lump sum amount based on the AACC CCL established in this AgreementContract. 6.1 6.2 Except as specifically allowed by Ownerin paragraph 6.3, Contractor the Construction Manager shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall may be equitably adjusted. If the AACC CCL is changed materially due to a change in the project scope before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be equitably adjusted in writing solely at the discretion of the City in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 For Additional additional Pre-Construction Phase Services that are approved in advance and in writing by Ownerthe City, Contractor Construction Manager shall be entitled to additional compensation computed as followsa: 6.4.1 A pre-established lump sum amount; or 6.4.2 The hourly cost of ContractorConstruction Manager’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre- Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 6.1 The Pre-Construction Phase Fee is the total compensation payable to Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement. 6.1 6.2 Except as specifically allowed by Owner, Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities liabilities, or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 6.3 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 6.4 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Construction Phase Fee shall be equitably adjusted. If the AACC is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACC. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 6.5 For Additional Pre-Construction Phase Services that are approved in advance and in writing by Owner, Contractor shall be entitled to additional compensation computed as follows: 6.4.1 6.5.1 A pre-established lump sum amount; or 6.4.2 6.5.2 The hourly cost of Contractor’s employees or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 6.5.3 As otherwise agreed in advance and in writing.

PRE-CONSTRUCTION PHASE FEE. The Pre-Construction Phase Fee is the total compensation payable to Contractor the Construction Manager for the performance of Pre-Construction Phase phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by the Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC CCL established in this Agreement. 6.1 . Except as specifically allowed by Ownerin paragraph 6.4, Contractor the Construction Manager shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 . Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 . If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Pre-Construction Phase Fee shall be equitably adjusted. If the AACC CCL is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACCCCL. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 . For Additional Pre-Construction Phase Services that are approved in advance and in writing by the Owner, Contractor Construction Manager shall be entitled to additional compensation computed as follows: 6.4.1 a: A pre-established lump sum amount; or 6.4.2 or The hourly cost of ContractorConstruction Manager’s employees employee’s or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 or As otherwise agreed to by the parties in advance and in writingof performing the Additional Pre-Construction Phase Services.

PRE-CONSTRUCTION PHASE FEE. 7.1 The Pre-Construction Phase Fee is the total compensation payable to Contractor Construction Manager for the performance of Pre-Construction Phase Services, except for Additional Pre-Pre- Construction Phase Services approved in advance and in writing by Owner. The Pre-Pre- Construction Phase Fee shall will be a lump sum amount based on the AACC CCL established in this AgreementContract. 6.1 7.1.1 Except as specifically allowed by Ownerin Section 7.1.2, Contractor shall Construction Manager will not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities liabilities, or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 7.1.2 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling scheduling, and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 7.1.3 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Construction Phase Fee shall may be equitably adjusted. If the AACC CCL is changed materially before or after acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall may be adjusted in writing in proportion to the change in the AACC. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP ProposalCCL. 6.4 7.1.4 For Additional Pre-Construction Phase Services Services, for example, to mitigate Unforeseen Conditions, that are approved in advance and in writing by Owner, Contractor shall Construction Manager will be entitled to additional compensation computed as followsas: 6.4.1 7.1.4.1 A pre-established lump sum amount; or 6.4.2 7.1.4.2 The hourly cost of ContractorConstruction Manager’s employees or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Salary Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, Services plus an overhead and profit markup of ten percent (10%) , of the total cost; or 6.4.3 7.1.4.3 As otherwise agreed to by the Parties in advance and in writingof performing the Additional Pre-Construction Phase Services.