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negotiations. Costs that would cause the not-to-exceed amount to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner.The Construction Manager's Fee in Section 6.1.2 does not apply to Preconstruction Services,and any savings from any not-to-exceed amount for Preconstruction Services will revert to the Owner. » §5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction Manager's Consultants and Subcontractors,if any,are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Reference Exhibit 2:Preconstruction Services and Work Plans and Rates. § 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager,as required by law or collective bargaining agreements,for taxes,insurance,contributions, assessments and benefits and,for personnel not covered by collective bargaining agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,and shall remain unchanged unless the parties execute a Modification. § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within Nine and a half months( 9 1/2 )months of the date of this Agreement,through no fault of the Construction Manager,the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2 Payments § 5.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice.Amounts unpaid thirty (30)days after date when payment is due shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) The Bank of America prime rate plus 2.00%per annum,except when a higher interest rate is required by RCW 39.76 or other law. ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager's performance of the Contract after execution of the Guaranteed Maximum Price Amendment.The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager's Fee. § 6.1.2 The Construction Manager's Fee: (State a lump sum,percentage of Cost of the Work or other provision for determining the Construction Manager's Fee.) The Construction Manager's Fee for'the Work during the Construction Phase shall be the fixed,lump sum'amount that will be calculated as the percentage specified in the Fee Proposal Form(5.580%)times the MACC negotiated as part of the GMP. § 6.1.3 The method of adjustment of the Construction Manager's Fee for changes in the Work: In the event a Change Order is issued for a Change in the Work,the percent change in the Construction Manager's Fee will be the percentage specified above in Section 6.1.2. § 6.1.4 Limitations, if any,on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: In the event a Change Order is issued for an additive Change in the Work,the increase in the Construction Manager's Fee will be calculated using the percentage specified above in Section 6.1.2. The Construction Manager shall also be entitled to proven increased premiums associated with the Changed Work for contractually-required insurance and bonds above the amounts already included within the Construction Manager's fixed Specified General Conditions. AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 1 g without permission. This draft was produced by AIA software at 13:10:24 ET on 04/22/2021 under Order No.7856855196 which expires on 05/01/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1279676012)