IMCO General Construction 5/9/2022

shall not apply to any loss, damage, cost or liability incurred by Owner due to factors unrelated to Design- Builder's delay. Article 7 Price 7.1 Phase 1 Price. For completion of the Phase 1 Scope of Services (Exhibit C), Owner shall pay Design-Builder in accordance with Article 8 of this Contract and Article 6 of the General Conditions a sum not to exceed Two Million Seven Hundred Twenty-Three Thousand Three Hundred Eighteen Dollars and 68/100 ($2,723,318.68), exclusive of Washington state sales tax. Phase 1 Services shall be billed at the all-inclusive billing rates and labor categories set forth in Exhibit E which rates shall not be subject to increase for any Phase 1 services. Unless otherwise provided in the Contract Documents, the Phase 1 Services compensation is deemed to include all sales, use, consumer and other taxes mandated by applicable Legal Requirements. 7.2 Phase 2 Price. For Phase 2 Services, Owner shall pay Design-Builder in accordance with Article 8 of this Contract and Article 6 of the General Conditions a contract price ("Contract Price") set forth in the GMP Amendment which shall be equal to the Pass-Through Costs (as defined in Section 7.5.3 hereof), plus Design-Build Fee percentage (as defined in Section 7.4 hereof) applied to the Cost of the Phase 2 Work, plus the Construction General Conditions Fee (as defined in Section 7.3 hereof), plus the Cost of the Phase 2 Work(as defined in Section 7.5.1 hereof) , subject to the GMP established in the GMP Amendment and governed by Section 7.6 hereof, and any adjustments made in accordance with the General Conditions. 7.3 Construction General Conditions Fee. Owner shall pay the Lump Sum Construction General Conditions Fee of One Million Seven Hundred Fifty Thousand Dollars ($1,750,000) for all Construction General Conditions Work as defined in Exhibit D. The Construction General Conditions Fee shall be paid monthly based on the percent of Cost of Work completed in the month covered by Design-Builder's pay application. The Construction General Conditions Fee shall cover all Construction General Conditions Work, regardless of whether the work is completed by the Design-Builder, a Key Firm, or Subcontractor. 7.4 Design-Build Fee. 7.4.1 Design-Build Fee shall be Eight percent(8%)of the Cost of the Phase 2 Work, as adjusted in accordance with Section 7.4.2 below. 7.4.2 Design-Build Fee will be adjusted as follows for any changes in the Work as set forth in a Change Order and in accordance with the requirements of Article 9 of the General Conditions. It is agreed that Design-Builder shall receive a fee for overhead and profit of Eight percent (8%) of the additional Cost of the Phase 2 Work incurred for that Change Order. The Design-Build Fee covers all profit and home office overhead as well as all other costs not reimbursable under this Agreement, including but not limited to costs of administrative staff/office operations and support, principal participation, home office administrative support, yard operations, all taxes (other than B&O tax and sales tax), and financing costs. PROGRESSIVE DESIGN-BUILD CONTRACT,Page 10