IMCO General Construction 5/9/2022

7.5.2.17 Testing and inspection of rejected Work. 7.5.2.18 Data processing, software, hardware or computer-related costs. 7.5.2.19 General expenses not specifically provided for herein. 7.5.2.20 Any other cost not specifically and expressly described in Section 7.5.1 or 7.5.3. 7.5.3 Pass-Through Costs. The following costs shall be passed through and paid without mark- up or any added Design-Build Fee: 7.5.3.1 Premiums for insurance and bonds required by this Contract or the performance of the Work. 7.5.3.2 Sales, use, B&O, or similar taxes, tariffs, or duties incurred in the performance of the Work. 7.5.3.3 Costs for permits, royalties, licenses, tests and inspections. 7.5.3.4 Costs for the work of any personnel charged at all-inclusive, market-based billing rates as set forth in Exhibit E. 7.6 The Guaranteed Maximum Price. 7.6.1 Design-Builder guarantees that it will not exceed any GMP that may be established in the GMP Amendment. Documents used as basis for the GMP shall be identified in the GMP Amendment. Design-Builder does not guarantee any specific line item provided as part of the GMP, provided, however, that it does guarantee the line item(s) for its general project management and general conditions costs ("Construction General Conditions Fee"). Design-Builder agrees that it will be responsible for paying the applicable general conditions costs in excess of the Construction General Conditions Fee, as well as be responsible for all costs of completing the Work which exceed the GMP, as said general conditions line item(s) and the GMP may be adjusted in accordance with the Contract Documents. 7.6.2 The GMP shall include the Design-Builder's contingency, and amount that shall be no less than two point five percent (2.5%) and no more than five percent(5%) of the estimated Cost of the Work, which will be negotiated between the Design-Builder and the Owner as a part of the GMP negotiations.The percentage shall depend upon the level of completion of the Design-Build Documents and certainty of subcontractor pricing at that time and depending upon any other risk factors agreed upon between the Construction Manager and the Owner. The final amount of the contingency shall be stated in the GMP Amendment and included in the GMP amount. The contingency is a sum established for the Design- Builder's sole use to cover the Design-Builder's costs that are properly reimbursable as a Cost of the Work but not the basis for a Change Order, such as, for example, design errors and omissions, buy-out or estimating error, post-GMP unanticipated market conditions, scope gaps, coordination between trades, overtime, acceleration, failure of a Subcontractor of any tier, costs caused by COVID-19, pandemic, or epidemic, or expediting costs for critical materials. The Design-Builder shall use the contingency only with the Owner's prior written consent, which shall not be unreasonably withheld or delayed. Design-Builder shall provide Owner notice of all anticipated charges against the Contingency, and shall provide Owner as part of the monthly status report required by Section 2.1.2 of the General Conditions an accounting of the Contingency, including all reasonably foreseen uses or potential uses of the Contingency in the upcoming three (3) months. Design-Builder agrees that with respect to any expenditure from the Contingency relating to a Subcontractor default or an event for which insurance or bond may provide reimbursement, Design- Builder will in good faith exercise reasonable steps to obtain performance from the Subcontractor and/or recovery from any surety or insurance company. Design-Builder agrees that if Design-Builder is subsequently reimbursed for said costs, then said recovery will be credited back to the Contingency. PROGRESSIVE DESIGN-BUILD CONTRACT,Page 13