Common use of Payments to Construction Manager Clause in Contracts

Payments to Construction Manager. 8.1 In consideration of the performance of the services to be provided by Construction Manager pursuant to this Agreement, the Owner agrees to pay the Construction Manager compensation for its services as set forth below: 8.1.1 For pre-construction services, if requested by Owner in writing for a Project, a mutually agreeable lump sum which shall be reflected in an Owner purchase order for the applicable Project. Each invoice(s) for pre-construction services shall be submitted to Owner within thirty (30) days after the later of: (a) satisfactory completion of each of the requested phases, and (b) Owner’s written approval of each phase. All services provided under pre-construction shall be included within the above lump sum amount. Construction Manager shall not be entitled to any other fees for pre-construction services, except as otherwise specifically provided in this Agreement. 8.1.1.1 Upon receipt of the Notice to Proceed for each Project (reflecting the Owner’s Project number), the Construction Manager shall begin providing the indemnification described in this Agreement. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for pre-construction services for the purpose of providing indemnification, and is a part of the fee established for the first phase of pre-construction services. 8.1.2 Once the Construction Manager has commenced construction of the Work based upon the Owner’s written Notice To Proceed (with the Owner’s Project number identified), the Construction Manager shall submit monthly invoices to the Owner based upon the percentage of the Work completed subject to and on the terms described in the Conditions of the Contract. As required by Section 255.05, Florida Statutes, the Owner shall not make a payment to the Construction Manager until the Construction Manager has provided the Owner with a certified copy of the recorded payment and performance bonds for the Project. 8.1.2.1 As required by Section 287.0585, Florida Statutes, within seven (7) business days from receipt of payment from the Owner, the Construction Manager shall pay each trade contractor out of the amount paid to the Construction Manager on account of such trade contractor's Work, the amount to which said trade contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said trade contractor's Work. The Construction Manager shall, by appropriate agreement with each trade contractor, require each trade contractor to make payments to its subcontractors in a similar manner. 8.1.3 As provided by Section 215.422, Florida Statutes, if a warrant in payment of an invoice is not mailed or electronically transmitted by the Owner within forty (40) days after receipt of the invoice and receipt, inspection and approval of the services, the Owner shall pay to the Construction Manager, in addition to the amount of the invoice, interest at the rate established by the Florida state comptroller pursuant to Section 55.03, Florida Statutes, on the unpaid balance from the expiration of such 40-day period(s) until such time as the warrant is mailed to the Construction Manager. These provisions apply only to undisputed amounts for which payment has been authorized. Invoices or pay requests returned to the Construction Manager due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice or pay request is provided to the Owner. A vendor ombudsman has been established within the Owner’s Office of Business and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Owner. The vendor ombudsman may be contacted at 000 000-0000. 8.2 Included in the “Construction Manager's Fee” are the following: 8.2.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal and branch offices other than the field office. 8.2.2 Expenses of the Construction Manager’s principal and branch offices other than the field office. 8.2.3 Any part of the Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work. 8.2.4 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 8.2.5 Expenses, such as long distance telephone calls, telephone and cellular communication service, postage, office supplies, courier or overnight delivery costs, and similar items incurred by the home and branch offices. 8.2.6 Cost of equipment, such as typewriters, cameras, radios, computers, cellular communication devices, copiers, facsimile equipment, dictating units, trailers, vehicles, and furniture purchased or rented by the Construction Manager at the home and branch offices. 8.2.7 All costs incurred during the warranty period after construction. 8.2.8 Any cost not specifically and expressly described in the Article entitled “Cost of the Work.” 8.3 Adjustments in the Construction Manager’s Fee will be made as follows: 8.3.1 Adjustments due to Changes in the Work shall be made as described in the Conditions of the Contract. 8.4 The Construction Manager's Fee for each Project shall be the following percentages of the Cost of the Work. $ 0.01 to $ 100,000.00 15.0% $ 100,001.00 to $ 250,000.00 12.5% $ 250,001.00 to $ 500,000.00 12.0% $ 500,001.00 to $ 750,000.00 11.0% $ 750,001.00 to $1,000,000.00 10.0% $1,000,001.00 to $1,250,000.00 09.0% $1,250,001.00 to $1,500,000.00 08.0% $1,500,001.00 to $1,750,000.00 07.0% $1,750,001.00 to $2,000,000.00 06.0%

Payments to Construction Manager. 8.1 In consideration of the performance of the services to be provided by Construction Manager pursuant to this Agreement, the Owner agrees to pay the Construction Manager compensation for its services as set forth below: 8.1.1 For pre-construction services, if requested by Owner in writing for a Project, a mutually agreeable the lump sum which shall amount of _ ($ ) to be reflected invoiced in an Owner purchase order for the applicable Project. Each invoice(s) for pre-construction services shall be submitted to Owner following increments within thirty (30) days after the later of: (a) satisfactory completion of each of the requested following phases, and (b) Owner’s written approval of each phase: Conceptual Schematics Advanced Schematics Design Development Report $ _ $ _ $ 50% Const. Doc. $ _ 100% Const. Doc. $ _ Printing $ _ TOTAL $ _ The lump sum amount consisting of the increments outlined above was derived based upon the “Guidelines for Construction Managers for the Preparation of Proposals for Pre-Construction Services” set forth on Facilities Management’s website. All services provided under pre-construction shall be included within the above lump sum amount. Construction Manager shall not be entitled to any other fees for pre-pre- construction services, except as otherwise specifically provided in this Agreement. 8.1.1.1 Upon receipt of the Notice to Proceed for each Project (reflecting the Owner’s Project number), the Construction Manager shall begin providing the indemnification described in this Agreement. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for pre-pre- construction services for the purpose of providing indemnification, and is a part of the fee established for the first phase of pre-construction services. 8.1.2 Once the Construction Manager has commenced construction of the Work based upon the Owner’s written Notice To Proceed (with the Owner’s Project number identified), the Construction Manager shall submit monthly invoices to the Owner based upon the percentage of the Work completed subject to and on the terms described in the Conditions of the Contract. As required by Section 255.05, Florida Statutes, the Owner shall not make a payment to the Construction Manager until the Construction Manager has provided the Owner with a certified copy of the recorded payment and performance bonds for the Project. 8.1.2.1 As required by Section 287.0585, Florida Statutes, within seven (7) business days from receipt of payment from the Owner, the Construction Manager shall pay each trade contractor out of the amount paid to the Construction Manager on account of such trade contractor's Work, the amount to which said trade contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said trade contractor's Work. The Construction Manager shall, by appropriate agreement with each trade contractor, require each trade contractor to make payments to its subcontractors in a similar manner. 8.1.3 Pay requests for pre-construction services and for construction shall be documented in accordance with State University System Chancellor’s Memorandum No. CM-N-08.01-01/99 which is located on-line at the Facilities Management Site. 8.1.4 As provided by Section 215.422, Florida Statutes, if a warrant in payment of an invoice is not mailed or electronically transmitted by the Owner within forty (40) days after receipt of the invoice and receipt, inspection and approval of the services, the Owner shall pay to the Construction Manager, in addition to the amount of the invoice, interest at the rate established by the Florida state comptroller pursuant to Section 55.03, Florida Statutes, on the unpaid balance from the expiration of such 40-day period(s) until such time as the warrant is mailed to the Construction Manager. These provisions apply only to undisputed amounts for which payment has been authorized. Invoices or pay requests returned to the Construction Manager due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice or pay request is provided to the Owner. A vendor ombudsman has been established within the Owner’s Office of Business and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Owner. The vendor ombudsman may be contacted at 000 000-0000305 348- 6585. 8.2 Included in the “Construction Manager's Fee” are the following: 8.2.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal and branch offices other than the field office. 8.2.2 Expenses of the Construction Manager’s principal and branch offices other than the field office. 8.2.3 Any part of the Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work. 8.2.4 Overhead and profit, or general expenses of any kind, except as may be expressly included in the provision entitled “Cost of the Work”. Overhead and profit percentages shall be broken down separately in the GMP provided by Construction Manager. 8.2.5 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 8.2.5 Expenses, 8.2.6 Minor expenses such as long distance telephone calls, telephone and cellular communication service, postage, office supplies, courier or overnight delivery costs, and similar items incurred by at the home and branch offices. 8.2.6 8.2.7 Cost of equipment, equipment such as typewriters, cameras, radios, computers, pagers, cellular communication devices, copiers, facsimile equipment, dictating units, trailers, vehicles, vehicles and furniture purchased or rented by the Construction Manager at the home and branch offices. 8.2.7 8.2.8 All costs incurred during the warranty period after construction. 8.2.8 8.2.9 Any cost not specifically and expressly described in the Article entitled “Cost of the Work”.” 8.3 Adjustments in the Construction Manager’s Fee will be made as follows: 8.3.1 Adjustments due to Changes in the Work shall be made as described in the Conditions of the Contract. 8.4 The 8.3.2 For delays in Work caused solely by Owner, Construction Manager shall be entitled to an additional fee to compensate Construction Manager's Fee for each Project . The amount shall be calculated at a daily rate derived by dividing the following percentages basic fee (excluding profit) established in the accepted GMP proposal by the Contract Time established in the GMP amendment to this Agreement. 8.4 Construction Manager’s fee shall be invoiced on a monthly basis by the Construction Manager based upon percentage of the Cost of the Work. $ 0.01 to $ 100,000.00 15.0% $ 100,001.00 to $ 250,000.00 12.5% $ 250,001.00 to $ 500,000.00 12.0% $ 500,001.00 to $ 750,000.00 11.0% $ 750,001.00 to $1,000,000.00 10.0% $1,000,001.00 to $1,250,000.00 09.0% $1,250,001.00 to $1,500,000.00 08.0% $1,500,001.00 to $1,750,000.00 07.0% $1,750,001.00 to $2,000,000.00 06.0%work completed.

Payments to Construction Manager. 8.1 In consideration of the performance of the services to be provided by Construction Manager pursuant to this Agreement, the Owner agrees to pay the Construction Manager compensation for its services as set forth below: 8.1.1 For pre-construction services, if requested by Owner in writing for a Project, a mutually agreeable the lump sum which shall amount of ($ ) to be reflected invoiced in an Owner purchase order for the applicable Project. Each invoice(s) for pre-construction services shall be submitted to Owner following increments within thirty (30) days after the later of: (a) satisfactory completion of each of the requested following phases, and (b) Owner’s written approval of each phase: Conceptual Schematics $ Advanced Schematics $ Design Development Report $ 50% Const. Doc. $ *100% Const. Doc. $ Printing $ TOTAL $ The lump sum amount consisting of the increments outlined above was derived based upon the “Guidelines for Construction Managers for the Preparation of Proposals for Pre-construction Services” set forth on Facilities Management’s website. All services provided under pre-construction shall be included within the above lump sum amount. Construction Manager shall not be entitled to any other fees for pre-pre- construction services, except as otherwise specifically provided in this Agreement. 8.1.1.1 Upon receipt of the Notice to Proceed for each Project (reflecting the Owner’s Project numberContract Number), the Construction Manager shall begin providing the indemnification described in this Agreement. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for pre-pre- construction services for the purpose of providing indemnification, and is a part of the fee established for the first phase of pre-construction services. 8.1.2 Once the Construction Manager has commenced construction of the Work based upon the Owner’s written Notice To Proceed (with the Owner’s Project number Contract Number identified), the Construction Manager shall submit monthly invoices to the Owner based upon the percentage of the Work completed subject to and on the terms described in the Conditions of the Contract. As required by Section 255.05, Florida Statuteseffective October 1, 2012, the Owner shall not make a payment to the Construction Manager until the Construction Manager has provided the Owner with a certified copy of the recorded payment Payment and performance bonds Performance Bonds for the Project. 8.1.2.1 As required by Section 287.0585, Florida Statutes, within seven (7) business days from receipt of payment from the Owner, the Construction Manager shall pay each trade contractor Trade Contractor out of the amount paid to the Construction Manager on account of such trade contractorTrade Contractor's Work, the amount to which said trade contractor Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said trade contractorTrade Contractor's Work. The Construction Manager shall, by appropriate agreement with each trade contractorTrade Contractor, require each trade contractor Trade Contractor to make payments to its subcontractors in a similar manner. 8.1.3 Pay requests for pre-construction services and for construction shall be documented in accordance with State University System Chancellor’s Memorandum No. CM-N-08.01-01/99 which is located on-line at the Facilities Management Site. 8.1.4 As provided by Section 215.422, Florida Statutes, if a warrant in payment of an invoice is not mailed or electronically transmitted by the Owner within forty (40) 40 days after receipt of the invoice and receipt, inspection and approval of the services, the Owner shall pay to the Construction Manager, in addition to the amount of the invoice, interest at the rate established by the Florida state comptroller State Comptroller pursuant to Section 55.03, Florida Statutes, on the unpaid balance from the expiration of such 40-day period(s) until such time as the warrant is mailed to the Construction Manager. These provisions apply only to undisputed amounts for which payment has been authorized. Invoices or pay requests returned to the Construction Manager due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice or pay request is provided to the Owner. A vendor ombudsman Vendor Ombudsman has been established within the Owner’s Office of Business and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Owner. The vendor ombudsman Vendor Ombudsman may be contacted at 000 000-000- 0000. 8.2 Included in the “Construction Manager's Fee” Lump Sum Fee are the following: 8.2.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal and branch offices other than the field office. The costs for Construction Manager’s staff at the job site that is not full-time shall be deemed included in the Construction Manager’s lump sum fee set forth in this Agreement. 8.2.2 Expenses of the Construction Manager’s principal and branch offices other than the field office. 8.2.3 Any part of the Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work. 8.2.4 Overhead and profit, or general expenses of any kind, except as may be expressly included in the provision entitled “Cost of the Work”. Overhead and profit percentages shall be broken down separately in the GMP provided by the Construction Manager. 8.2.5 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 8.2.5 Expenses, 8.2.6 Minor expenses such as long distance telephone calls, telephone and cellular communication service, postage, office supplies, courier or overnight delivery costs, and similar items incurred by at the home and branch offices. 8.2.6 8.2.7 Cost of equipment, equipment such as typewriters, cameras, radios, computers, cellular communication devicespagers, copiers, facsimile equipment, dictating units, trailers, vehicles, vehicles and furniture purchased or rented by the Construction Manager at the home and branch offices. 8.2.7 8.2.8 All costs incurred during the warranty period after construction. 8.2.8 8.2.9 Any cost not specifically and expressly described in the Article entitled “Cost of the Work”.” 8.3 Adjustments in the Construction Manager’s Fee fee will be made as follows: 8.3.1 Adjustments due to Changes in the Work shall be made as described in the Conditions of the Contract. 8.3.2 For delays in Work caused solely by the Owner, the Construction Manager shall be entitled to an additional fee to compensate the Construction Manager. The amount shall be calculated at a daily rate derived by dividing the basic fee (excluding profit) established in the accepted GMP proposal by the Contract Time established in the GMP Amendment to this Agreement. 8.4 The Construction Manager's Fee for each Project ’s fee shall be invoiced on a monthly basis by the following percentages Construction Manager based upon percentage of the Cost of the Work. $ 0.01 to $ 100,000.00 15.0% $ 100,001.00 to $ 250,000.00 12.5% $ 250,001.00 to $ 500,000.00 12.0% $ 500,001.00 to $ 750,000.00 11.0% $ 750,001.00 to $1,000,000.00 10.0% $1,000,001.00 to $1,250,000.00 09.0% $1,250,001.00 to $1,500,000.00 08.0% $1,500,001.00 to $1,750,000.00 07.0% $1,750,001.00 to $2,000,000.00 06.0%work completed.

Payments to Construction Manager. 8.1 In consideration of the performance of the services to be provided by Construction Manager pursuant to this Agreement, the Owner agrees to pay the Construction Manager compensation for its services as set forth below: 8.1.1 For pre-construction services, if requested by Owner in writing for a Project, a mutually agreeable lump sum which shall be reflected in an Owner purchase order for the applicable Project. Each invoice(s) for pre-construction services shall be submitted to Owner within thirty (30) days after the later of: (a) satisfactory completion of each of the requested phases, and (b) Owner’s written approval of each phase. All services provided under pre-construction shall be included within the above lump sum amount. Construction Manager shall not be entitled to any other fees for pre-construction services, except as otherwise specifically provided in this Agreement. 8.1.1.1 Upon receipt of the Notice to Proceed for each Project (reflecting the Owner’s Project number), the Construction Manager shall begin providing the indemnification described in this Agreement. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for pre-construction services for the purpose of providing indemnification, and is a part of the fee established for the first phase of pre-construction services. 8.1.2 Once the Construction Manager has commenced construction of the Work based upon the Owner’s written Notice To to Proceed (with the Owner’s Project number identified), the Construction Manager shall submit monthly invoices to the Owner based upon the percentage of the Work completed subject to and on the terms described in the Conditions of the Contract. As required by Section 255.05, Florida Statutes, the Owner shall not make a payment to the Construction Manager until the Construction Manager has provided the Owner with a certified copy of the recorded payment and performance bonds for the Project. 8.1.2.1 As required by Section 287.0585, Florida Statutes, within seven (7) business days from receipt of payment from the Owner, the Construction Manager shall pay each trade contractor out of the amount paid to the Construction Manager on account of such trade contractor's Work, the amount to which said trade contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said trade contractor's Work. The Construction Manager shall, by appropriate agreement with each trade contractor, require each trade contractor to make payments to its subcontractors in a similar manner. 8.1.3 As provided by Section 215.422, Florida Statutes, if a warrant in payment of an invoice is not mailed or electronically transmitted by the Owner within forty (40) days after receipt of the invoice Pay requests for pre-construction services and receipt, inspection and approval of the services, the Owner shall pay to the Construction Manager, in addition to the amount of the invoice, interest at the rate established by the Florida state comptroller pursuant to Section 55.03, Florida Statutes, on the unpaid balance from the expiration of such 40-day period(s) until such time as the warrant is mailed to the Construction Manager. These provisions apply only to undisputed amounts for which payment has been authorized. Invoices or pay requests returned to the Construction Manager due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice or pay request is provided to the Owner. A vendor ombudsman has been established within the Owner’s Office of Business and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Owner. The vendor ombudsman may be contacted at 000 000-0000. 8.2 Included in the “Construction Manager's Fee” are the following: 8.2.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal and branch offices other than the field office. 8.2.2 Expenses of the Construction Manager’s principal and branch offices other than the field office. 8.2.3 Any part of the Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work. 8.2.4 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 8.2.5 Expenses, such as long distance telephone calls, telephone and cellular communication service, postage, office supplies, courier or overnight delivery costs, and similar items incurred by the home and branch offices. 8.2.6 Cost of equipment, such as typewriters, cameras, radios, computers, cellular communication devices, copiers, facsimile equipment, dictating units, trailers, vehicles, and furniture purchased or rented by the Construction Manager at the home and branch offices. 8.2.7 All costs incurred during the warranty period after construction. 8.2.8 Any cost not specifically and expressly described in the Article entitled “Cost of the Work.” 8.3 Adjustments in the Construction Manager’s Fee will be made as follows: 8.3.1 Adjustments due to Changes in the Work shall be made as described documented in the Conditions accordance with State University System Chancellor’s Memorandum No. CM-N-08.01-01/99, a copy of the Contractwhich is located at xxxxx://xxxxxxxxxx.xxx.xxx/formsandstandards.htm. 8.4 The Construction Manager's Fee for each Project shall be the following percentages of the Cost of the Work. $ 0.01 to $ 100,000.00 15.0% $ 100,001.00 to $ 250,000.00 12.5% $ 250,001.00 to $ 500,000.00 12.0% $ 500,001.00 to $ 750,000.00 11.0% $ 750,001.00 to $1,000,000.00 10.0% $1,000,001.00 to $1,250,000.00 09.0% $1,250,001.00 to $1,500,000.00 08.0% $1,500,001.00 to $1,750,000.00 07.0% $1,750,001.00 to $2,000,000.00 06.0%

Payments to Construction Manager. 8.1 In consideration of the performance of the services to be provided by Construction Manager pursuant to this Agreement, the Owner agrees to pay the Construction Manager compensation for its services as set forth below: 8.1.1 For pre-construction services, if requested by Owner in writing for a Project, a mutually agreeable lump sum which shall be reflected in an Owner purchase order for the applicable Project. Each invoice(s) for pre-pre- construction services shall be submitted to Owner within thirty (30) days after the later of: (a) satisfactory completion of each of the requested phases, and (b) Owner’s written approval of each phase. All services provided under pre-construction shall be included within the above lump sum amount. Construction Manager shall not be entitled to any other fees for pre-construction services, except as otherwise specifically provided in this Agreement. 8.1.1.1 Upon receipt of the Notice to Proceed for each Project (reflecting the Owner’s Project number), the Construction Manager shall begin providing the indemnification described in this Agreement. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for pre-construction services for the purpose of providing indemnification, and is a part of the fee established for the first phase of pre-construction services. 8.1.2 Once the Construction Manager has commenced construction of the Work based upon the Owner’s written Notice To to Proceed (with the Owner’s Project number identified), the Construction Manager shall submit monthly invoices to the Owner based upon the percentage of the Work completed subject to and on the terms described in the Conditions of the Contract. As required by Section 255.05, Florida Statutes, the Owner shall not make a payment to the Construction Manager until the Construction Manager has provided the Owner with a certified copy of the recorded payment and performance bonds for the Project. 8.1.2.1 As required by Section 287.0585, Florida Statutes, within seven (7) business days from receipt of payment from the Owner, the Construction Manager shall pay each trade contractor out of the amount paid to the Construction Manager on account of such trade contractor's Work, the amount to which said trade contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said trade contractor's Work. The Construction Manager shall, by appropriate agreement with each trade contractor, require each trade contractor to make payments to its subcontractors in a similar manner. 8.1.3 As provided by Section 215.422, Florida Statutes, if a warrant in payment of an invoice is not mailed or electronically transmitted by the Owner within forty (40) days after receipt of the invoice Pay requests for pre-construction services and receipt, inspection and approval of the services, the Owner shall pay to the Construction Manager, in addition to the amount of the invoice, interest at the rate established by the Florida state comptroller pursuant to Section 55.03, Florida Statutes, on the unpaid balance from the expiration of such 40-day period(s) until such time as the warrant is mailed to the Construction Manager. These provisions apply only to undisputed amounts for which payment has been authorized. Invoices or pay requests returned to the Construction Manager due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice or pay request is provided to the Owner. A vendor ombudsman has been established within the Owner’s Office of Business and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Owner. The vendor ombudsman may be contacted at 000 000-0000. 8.2 Included in the “Construction Manager's Fee” are the following: 8.2.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal and branch offices other than the field office. 8.2.2 Expenses of the Construction Manager’s principal and branch offices other than the field office. 8.2.3 Any part of the Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work. 8.2.4 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 8.2.5 Expenses, such as long distance telephone calls, telephone and cellular communication service, postage, office supplies, courier or overnight delivery costs, and similar items incurred by the home and branch offices. 8.2.6 Cost of equipment, such as typewriters, cameras, radios, computers, cellular communication devices, copiers, facsimile equipment, dictating units, trailers, vehicles, and furniture purchased or rented by the Construction Manager at the home and branch offices. 8.2.7 All costs incurred during the warranty period after construction. 8.2.8 Any cost not specifically and expressly described in the Article entitled “Cost of the Work.” 8.3 Adjustments in the Construction Manager’s Fee will be made as follows: 8.3.1 Adjustments due to Changes in the Work shall be made as described documented in the Conditions accordance with State University System Chancellor’s Memorandum No. CM-N-08.01-01/99, a copy of the Contractwhich is located at xxxxx://xxxxxxxxxx.xxx.xxx/formsandstandards.htm. 8.4 The Construction Manager's Fee for each Project shall be the following percentages of the Cost of the Work. $ 0.01 to $ 100,000.00 15.0% $ 100,001.00 to $ 250,000.00 12.5% $ 250,001.00 to $ 500,000.00 12.0% $ 500,001.00 to $ 750,000.00 11.0% $ 750,001.00 to $1,000,000.00 10.0% $1,000,001.00 to $1,250,000.00 09.0% $1,250,001.00 to $1,500,000.00 08.0% $1,500,001.00 to $1,750,000.00 07.0% $1,750,001.00 to $2,000,000.00 06.0%

Payments to Construction Manager. 8.1 In consideration of the performance of the services to be provided by Construction Manager pursuant to this Agreement, the Owner agrees to pay the Construction Manager compensation for its services as set forth below: 8.1.1 For pre-construction services, if requested by Owner in writing for a Project, a mutually agreeable the lump sum which shall amount of ($ ) to be reflected invoiced in an Owner purchase order for the applicable Project. Each invoice(s) for pre-construction services shall be submitted to Owner following increments within thirty (30) days after the later of: (a) satisfactory completion of each of the requested following phases, and (b) Owner’s written approval of each phase: Conceptual Schematics Advanced Schematics Design Development Report $ $ $ 50% Const. Doc. $ 100% Const. Doc. $ Printing $ TOTAL $ The lump sum amount consisting of the increments outlined above was derived based upon the “Guidelines for Construction Managers for the Preparation of Proposals for Pre-Construction Services” set forth on Facilities Management’s website. All services provided under pre-construction shall be included within the above lump sum amount. Construction Manager shall not be entitled to any other fees for pre-pre- construction services, except as otherwise specifically provided in this Agreement. 8.1.1.1 Upon receipt of the Notice to Proceed for each Project (reflecting the Owner’s Project number), the Construction Manager shall begin providing the indemnification described in this Agreement. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for pre-pre- construction services for the purpose of providing indemnification, and is a part of the fee established for the first phase of pre-construction services. 8.1.2 Once the Construction Manager has commenced construction of the Work based upon the Owner’s written Notice To Proceed (with the Owner’s Project number identified), the Construction Manager shall submit monthly invoices to the Owner based upon the percentage of the Work completed subject to and on the terms described in the Conditions of the Contract. As required by Section 255.05, Florida Statutes, the Owner shall not make a payment to the Construction Manager until the Construction Manager has provided the Owner with a certified copy of the recorded payment and performance bonds for the Project. 8.1.2.1 As required by Section 287.0585, Florida Statutes, within seven (7) business days from receipt of payment from the Owner, the Construction Manager shall pay each trade contractor out of the amount paid to the Construction Manager on account of such trade contractor's Work, the amount to which said trade contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said trade contractor's Work. The Construction Manager shall, by appropriate agreement with each trade contractor, require each trade contractor to make payments to its subcontractors in a similar manner. 8.1.3 Pay requests for pre-construction services and for construction shall be documented in accordance with State University System Chancellor’s Memorandum No. CM-N-08.01-01/99 which is located on-line at the Facilities Management Site. 8.1.4 As provided by Section 215.422, Florida Statutes, if a warrant in payment of an invoice is not mailed or electronically transmitted by the Owner within forty (40) days after receipt of the invoice and receipt, inspection and approval of the services, the Owner shall pay to the Construction Manager, in addition to the amount of the invoice, interest at the rate established by the Florida state comptroller pursuant to Section 55.03, Florida Statutes, on the unpaid balance from the expiration of such 40-day period(s) until such time as the warrant is mailed to the Construction Manager. These provisions apply only to undisputed amounts for which payment has been authorized. Invoices or pay requests returned to the Construction Manager due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice or pay request is provided to the Owner. A vendor ombudsman has been established within the Owner’s Office of Business and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Owner. The vendor ombudsman may be contacted at 000 000-0000305 348- 6585. 8.2 Included in the “Construction Manager's Fee” are the following: 8.2.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal and branch offices other than the field office. 8.2.2 Expenses of the Construction Manager’s principal and branch offices other than the field office. 8.2.3 Any part of the Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work. 8.2.4 Overhead and profit, or general expenses of any kind, except as may be expressly included in the provision entitled “Cost of the Work”. Overhead and profit percentages shall be broken down separately in the GMP provided by Construction Manager. 8.2.5 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 8.2.5 Expenses, 8.2.6 Minor expenses such as long distance telephone calls, telephone and cellular communication service, postage, office supplies, courier or overnight delivery costs, and similar items incurred by at the home and branch offices. 8.2.6 8.2.7 Cost of equipment, equipment such as typewriters, cameras, radios, computers, pagers, cellular communication devices, copiers, facsimile equipment, dictating units, trailers, vehicles, vehicles and furniture purchased or rented by the Construction Manager at the home and branch offices. 8.2.7 8.2.8 All costs incurred during the warranty period after construction. 8.2.8 8.2.9 Any cost not specifically and expressly described in the Article entitled “Cost of the Work”.” 8.3 Adjustments in the Construction Manager’s Fee will be made as follows: 8.3.1 Adjustments due to Changes in the Work shall be made as described in the Conditions of the Contract. 8.4 The 8.3.2 For delays in Work caused solely by Owner, Construction Manager shall be entitled to an additional fee to compensate Construction Manager's Fee for each Project . The amount shall be calculated at a daily rate derived by dividing the following percentages basic fee (excluding profit) established in the accepted GMP proposal by the Contract Time established in the GMP amendment to this Agreement. 8.4 Construction Manager’s fee shall be invoiced on a monthly basis by the Construction Manager based upon percentage of the Cost of the Work. $ 0.01 to $ 100,000.00 15.0% $ 100,001.00 to $ 250,000.00 12.5% $ 250,001.00 to $ 500,000.00 12.0% $ 500,001.00 to $ 750,000.00 11.0% $ 750,001.00 to $1,000,000.00 10.0% $1,000,001.00 to $1,250,000.00 09.0% $1,250,001.00 to $1,500,000.00 08.0% $1,500,001.00 to $1,750,000.00 07.0% $1,750,001.00 to $2,000,000.00 06.0%work completed.

Payments to Construction Manager. 8.1 In consideration of the performance of the services to be provided by Construction Manager pursuant to this Agreement, the Owner agrees to pay the Construction Manager compensation for its services as set forth below: 8.1.1 For pre-construction services, if requested by Owner in writing for a Project, a mutually agreeable lump sum which shall be reflected in an Owner purchase order FIU Purchase Order for the applicable Project. Each invoice(s) for pre-construction services shall be submitted to Owner within thirty (30) days after the later of: (a) satisfactory completion of each of the requested phases, and (b) Owner’s written approval of each phase. All services provided under pre-construction shall be included within the above lump sum amount. Construction Manager shall not be entitled to any other fees for pre-construction services, except as otherwise specifically provided in this Agreement. 8.1.1.1 Upon receipt of the Notice to Proceed for each Project (reflecting the Owner’s Facilities Management Project numberNumber), the Construction Manager shall begin providing the indemnification described in this Agreement. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for pre-construction services for the purpose of providing indemnification, and is a part of the fee established for the first phase of pre-pre- construction services. 8.1.2 Once the Construction Manager has commenced construction of the Work based upon the Owner’s written Notice To Proceed (with the Owner’s Facilities Management Project number Number identified), the Construction Manager shall submit monthly invoices to the Owner based upon the percentage of the Work completed subject to and on the terms described in the Conditions of the Contract. As required by Section 255.05, Florida Statutes, the Owner shall not make a payment to the Construction Manager until the Construction Manager has provided the Owner with a certified copy of the recorded payment and performance bonds for the Project. 8.1.2.1 As required by Section 287.0585, Florida Statutes, within seven (7) business days from receipt of payment from the Owner, the Construction Manager shall pay each trade contractor Trade Contractor out of the amount paid to the Construction Manager on account of such trade contractorTrade Contractor's Work, the amount to which said trade contractor Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said trade contractorTrade Contractor's Work. The Construction Manager shall, by appropriate agreement with each trade contractorTrade Contractor, require each trade contractor Trade Contractor to make payments to its subcontractors in a similar manner. 8.1.3 As provided by Section 215.422, Florida Statutes, if a warrant in payment of an invoice is not mailed or electronically transmitted by the Owner within forty (40) 40 days after receipt of the invoice and receipt, inspection and approval of the services, the Owner shall pay to the Construction Manager, in addition to the amount of the invoice, interest at the rate established by the Florida state comptroller State Comptroller pursuant to Section 55.03, Florida Statutes, on the unpaid balance from the expiration of such 40-day period(s) until such time as the warrant is mailed to the Construction Manager. These provisions apply only to undisputed amounts for which payment has been authorized. Invoices or pay requests returned to the Construction Manager due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice or pay request is provided to the Owner. A vendor ombudsman Vendor Ombudsman has been established within the Owner’s Office of Business and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Owner. The vendor ombudsman Vendor Ombudsman may be contacted at 000 000-000- 0000. 8.2 Included in the “Construction Manager's Fee” Fee are the following: 8.2.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal and branch offices other than the field office. The costs for Construction Manager’s staff at the job site that is not full-time shall be deemed included in the Construction Manager’s lump sum fee set forth in this Agreement, except as otherwise specifically stated in this agreement. 8.2.2 Expenses of the Construction Manager’s principal and branch offices other than the field office. 8.2.3 Any part of the Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work. 8.2.4 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 8.2.5 Expenses, Expenses such as long distance telephone calls, telephone and cellular communication service, postage, office supplies, courier or overnight delivery costs, and similar items incurred by the home and branch offices. 8.2.6 Cost of equipment, equipment such as typewriters, cameras, radios, computers, cellular communication devices, copiers, facsimile equipment, dictating units, trailers, vehicles, vehicles and furniture purchased or rented by the Construction Manager at the home and branch offices. 8.2.7 All costs incurred during the warranty period after construction. 8.2.8 Any cost not specifically and expressly described in the Article entitled “Cost of the Work”.” 8.2.9 Any costs associated with personal vehicles, allowances, maintenance and fuel costs by any employee at the home, branch or field office. 8.3 Adjustments in the Construction Manager’s Fee fee will be made as follows: 8.3.1 Adjustments due to Changes in the Work shall be made as described in the Conditions of the Contract. 8.4 The Construction Manager's Fee fee for each Project shall be the following percentages of the Cost of the Work. $ 0.01 to $ 100,000.00 15.0% $ 100,001.00 to $ 250,000.00 12.5% $ 250,001.00 to $ 500,000.00 12.0% $ 500,001.00 to $ 750,000.00 11.0% $ 750,001.00 to $1,000,000.00 10.0% $1,000,001.00 to $1,250,000.00 09.0% $1,250,001.00 to $1,500,000.00 08.0% $1,500,001.00 to $1,750,000.00 07.0% $1,750,001.00 to $2,000,000.00 06.0%

Payments to Construction Manager. 8.1 In consideration of the performance of the services to be provided by Construction Manager pursuant to this Agreement, the Owner agrees to pay the Construction Manager compensation for its services as set forth below: 8.1.1 For pre-construction preconstruction services, if requested by Owner in writing for a Project, a mutually agreeable the lump sum which shall amount of dollars and no cents ($ ) to be reflected in an Owner purchase order for the applicable Project. Each invoice(s) for pre-construction services shall be submitted to Owner paid within thirty (30) days after the later of: (a) satisfactory completion of each the following phases: Design Development Report $ 50% Const. Doc. $ 100% Const. Doc $ Acceptance of the requested phases, and (b) Owner’s written approval of each phase. GMP $ Printing $ TOTAL $ All services provided under pre-construction shall be included within the above lump sum amount. Construction Manager shall not be entitled to any other fees for pre-construction preconstruction services, except as otherwise specifically provided in this Agreement. 8.1.1.1 Upon receipt of the Notice to Proceed for each Project (reflecting the Owner’s Project number)Proceed, the Construction Manager shall begin providing the indemnification described in this AgreementParagraph 3.18 of the General Conditions of the Contract. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for pre-construction preconstruction services for the purpose of providing indemnification, and is a part of the fee established for the first phase of pre-construction preconstruction services. 8.1.2 Once Upon acceptance of the GMP, the amount established in the GMP Amendment to this Agreement, which includes the Construction Manager has commenced construction Manager's fee as described in Paragraph 8.2 and the Cost of the Work based upon the Owner’s written Notice To Proceed (with the Owner’s Project number identified)as described in Article 9, the Construction Manager shall submit to be paid monthly invoices to the Owner based upon the percentage of the Work completed subject to and on the terms as described in the Conditions of the Contract. As required by Section 255.05, Florida Statutes, the Owner shall not make a payment to the Construction Manager until the Construction Manager has provided the Owner with a certified copy of the recorded payment and performance bonds for the Project. 8.1.2.1 As required by Section 287.0585, Florida Statutes, within seven (7) business working days from receipt of payment from the Owner, the Construction Manager shall pay each trade contractor Trade Contractor out of the amount paid to the Construction Manager on account of such trade contractorTrade Contractor's Work, the amount to which said trade contractor Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said trade contractorTrade Contractor's Work. The Construction Manager shall, by appropriate agreement with each trade contractorTrade Contractor, require each trade contractor Trade Contractor to make payments to its subcontractors in a similar manner. 8.1.3 Pay requests for preconstruction services and for construction shall be documented in accordance with State University System Chancellor’s Memorandum No. CM N 08.01 01/99 which is located on-line at the Facilities Management Site. 8.1.4 As provided by Section §215.422, Florida Statutes, if a warrant in payment of an invoice is not mailed or electronically transmitted by the Owner within forty (40) 40 days after receipt of the invoice and receipt, inspection and approval of the services, the Owner shall pay to the Construction Manager, in addition to the amount of the invoice, interest at the rate established by the Florida state comptroller State Comptroller pursuant to Section §55.03, Florida Statutes, on the unpaid balance from the expiration of such 40-day period(s) periods until such time as the warrant is mailed to the Construction Manager. These provisions apply only to undisputed amounts for which payment has been authorized. Invoices or pay requests returned to the Construction Manager due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice or pay request is provided to the Owner. A vendor ombudsman Vendor Ombudsman has been established within the Owner’s Office of Business and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Owner. The vendor ombudsman Vendor Ombudsman may be contacted at 000 000-0000. 8.2 Included in the “Construction Manager's Fee” Lump Sum Fee are the following: 8.2.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal and branch offices other than the field office. 8.2.2 Expenses of the Construction Manager’s principal and branch offices other than the field office. 8.2.3 Any part of the Construction Manager’s 's capital expenses, including interest on the Construction Manager’s 's capital employed for the Work. 8.2.4 Overhead and profit, or general expenses of any kind, except as may be expressly included in Article 8, herein, as Cost of the Work. 8.2.5 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 8.2.5 Expenses, 8.2.6 Minor expenses such as telegrams, long distance telephone calls, telephone and cellular communication service, postage, office supplies, courier or overnight delivery costsexpressage, and similar items incurred by in connection with the Work at the home and branch offices. 8.2.6 8.2.7 Cost of equipment, equipment such as typewriters, cameras, radios, computers, cellular communication devicespagers, copiers, facsimile equipment, dictating units, trailers, vehicles, vehicles and furniture purchased or rented by the Construction Manager at the home and branch offices. 8.2.7 8.2.8 All costs incurred during the warranty guarantee period after construction. 8.2.8 8.2.9 Any cost not specifically and expressly described in the Article entitled “9 herein as Cost of the Work.” 8.3 Adjustments in the Construction Manager’s Fee fee will be made as follows: 8.3.1 Adjustments due to Changes in the Work shall be made as described in the Conditions of the Contract. 8.4 The 8.3.2 For delays in Work caused solely by the Owner, the Construction Manager shall be entitled to an additional fee to compensate the Construction Manager's Fee for each Project . The amount shall be calculated at a daily rate derived by dividing the following percentages basic fee (excluding profit) established in the accepted GMP proposal by the Contract Time established in the GMP Amendment to this Agreement. 8.4 Invoices for fees shall be paid on a percent complete basis equal to the percent complete of the Cost of the Work. $ 0.01 to $ 100,000.00 15.0% $ 100,001.00 to $ 250,000.00 12.5% $ 250,001.00 to $ 500,000.00 12.0% $ 500,001.00 to $ 750,000.00 11.0% $ 750,001.00 to $1,000,000.00 10.0% $1,000,001.00 to $1,250,000.00 09.0% $1,250,001.00 to $1,500,000.00 08.0% $1,500,001.00 to $1,750,000.00 07.0% $1,750,001.00 to $2,000,000.00 06.0%Work each month.

Payments to Construction Manager. 8.1 In consideration of the performance of the services to be provided by Construction Manager pursuant to this Agreement, the Owner agrees to pay the Construction Manager compensation for its services as set forth below: 8.1.1 For pre-construction services, if requested by Owner in writing for a Project, a mutually agreeable the lump sum which shall amount of ($ _) to be reflected invoiced in an Owner purchase order for the applicable Project. Each invoice(s) for pre-construction services shall be submitted to Owner following increments within thirty (30) days after the later of: (a) satisfactory completion of each of the requested following phases, and (b) Owner’s written approval of each phase: Conceptual Schematics Advanced Schematics Design Development Report $ $ $ 50% Const. Doc. $ 100% Const. Doc. $ Printing $ TOTAL $ The lump sum amount consisting of the increments outlined above was derived based upon the “Guidelines for Construction Managers for the Preparation of Proposals for Pre-Construction Services” set forth on Facilities Management’s website. All services provided under pre-construction shall be included within the above lump sum amount. Construction Manager shall not be entitled to any other fees for pre-pre- construction services, except as otherwise specifically provided in this Agreement. 8.1.1.1 Upon receipt of the Notice to Proceed for each Project (reflecting the Owner’s Project number), the Construction Manager shall begin providing the indemnification described in this Agreement. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for pre-construction services for the purpose of providing indemnification, and is a part of the fee established for the first phase of pre-construction services. 8.1.2 Once the Construction Manager has commenced construction of the Work based upon the Owner’s written Notice To Proceed (with the Owner’s Project number identified), the Construction Manager shall submit monthly invoices to the Owner based upon the percentage of the Work completed subject to and on the terms described in the Conditions of the Contract. As required by Section 255.05, Florida Statutes, the Owner shall not make a payment to the Construction Manager until the Construction Manager has provided the Owner with a certified copy of the recorded payment and performance bonds for the Project. 8.1.2.1 As required by Section 287.0585, Florida Statutes, within seven (7) business days from receipt of payment from the Owner, the Construction Manager shall pay each trade contractor out of the amount paid to the Construction Manager on account of such trade contractor's Work, the amount to which said trade contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said trade contractor's Work. The Construction Manager shall, by appropriate agreement with each trade contractor, require each trade contractor to make payments to its subcontractors in a similar manner. 8.1.3 Pay requests for pre-construction services and for construction shall be documented in accordance with State University System Chancellor’s Memorandum No. CM-N-08.01-01/99 which is located on-line at the Facilities Management Site. 8.1.4 As provided by Section 215.422, Florida Statutes, if a warrant in payment of an invoice is not mailed or electronically transmitted by the Owner within forty (40) days after receipt of the invoice and receipt, inspection and approval of the services, the Owner shall pay to the Construction Manager, in addition to the amount of the invoice, interest at the rate established by the Florida state comptroller pursuant to Section 55.03, Florida Statutes, on the unpaid balance from the expiration of such 40-day period(s) until such time as the warrant is mailed to the Construction Manager. These provisions apply only to undisputed amounts for which payment has been authorized. Invoices or pay requests returned to the Construction Manager due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice or pay request is provided to the Owner. A vendor ombudsman has been established within the Owner’s Office of Business and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Owner. The vendor ombudsman may be contacted at 000 000-000- 0000. 8.2 Included in the “Construction Manager's Fee” are the following: 8.2.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal and branch offices other than the field office. 8.2.2 Expenses of the Construction Manager’s principal and branch offices other than the field office. 8.2.3 Any part of the Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work. 8.2.4 Overhead and profit, or general expenses of any kind, except as may be expressly included in the provision entitled “Cost of the Work”. Overhead and profit percentages shall be broken down separately in the GMP provided by the Construction Manager. 8.2.5 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 8.2.5 Expenses, 8.2.6 Minor expenses such as long distance telephone calls, telephone and cellular communication service, postage, office supplies, courier or overnight delivery costs, and similar items incurred by at the home and branch offices. 8.2.6 8.2.7 Cost of equipment, equipment such as typewriters, cameras, radios, computers, pagers, cellular communication devices, copiers, facsimile equipment, dictating units, trailers, vehicles, vehicles and furniture purchased or rented by the Construction Manager at the home and branch offices. 8.2.7 8.2.8 All costs incurred during the warranty period after construction. 8.2.8 8.2.9 Any cost not specifically and expressly described in the Article entitled “Cost of the Work”.” 8.3 Adjustments in the Construction Manager’s Fee will be made as follows: 8.3.1 Adjustments due to Changes in the Work shall be made as described in the Conditions of the Contract. 8.3.2 For delays in Work caused solely by the Owner, the Construction Manager shall be entitled to an additional fee to compensate the Construction Manager. The amount shall be calculated at a daily rate derived by dividing the basic fee (excluding profit) established in the accepted GMP proposal by the Contract Time established in the GMP amendment to this Agreement. 8.4 The Construction Manager's Fee for each Project ’s fee shall be invoiced on a monthly basis by the following percentages Construction Manager based upon percentage of the Cost of the Work. $ 0.01 to $ 100,000.00 15.0% $ 100,001.00 to $ 250,000.00 12.5% $ 250,001.00 to $ 500,000.00 12.0% $ 500,001.00 to $ 750,000.00 11.0% $ 750,001.00 to $1,000,000.00 10.0% $1,000,001.00 to $1,250,000.00 09.0% $1,250,001.00 to $1,500,000.00 08.0% $1,500,001.00 to $1,750,000.00 07.0% $1,750,001.00 to $2,000,000.00 06.0%work completed.

Payments to Construction Manager. 8.1 7.1 In consideration of the performance of the services to be provided by Construction Manager pursuant to this Agreement, the Owner agrees to pay the Construction Manager compensation for its services as set forth below: 8.1.1 7.1.1 For pre-construction preconstruction services, if requested by Owner in writing for a Project, a mutually agreeable the lump sum which shall amount of dollars and no cents ($ ) to be reflected in an Owner purchase order for paid at the applicable Project. Each invoice(s) for pre-construction services shall be submitted to Owner within thirty (30) days after the later of: (a) satisfactory completion of each the following phases: Design Development Report $ 50% Const. Doc. $ 100% Const. Doc $ Acceptance of the requested phases, and (b) Owner’s written approval of each phase. GMP $ Printing $ TOTAL $ All services provided under pre-construction shall be included within the above lump sum amount. Construction Manager shall not be entitled to any other fees for pre-construction preconstruction services, except as otherwise specifically provided in this Agreement. 8.1.1.1 7.1.1.1 Upon receipt of the Notice to Proceed for each Project (reflecting the Owner’s Project number)Proceed, the Construction Manager shall begin providing the indemnification described in this AgreementParagraph 3.18 of the General Conditions of the Contract. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for pre-construction preconstruction services for the purpose of providing indemnification, and is a part of the fee established for the first phase of pre-construction preconstruction services. 8.1.2 Once 7.1.2 Upon acceptance of the GMP, the amount established in the GMP Amendment to this Agreement, which includes the Construction Manager has commenced construction Manager's fee as described in Paragraph 7.2 and the Cost of the Work based upon the Owner’s written Notice To Proceed (with the Owner’s Project number identified)as described in Article 8, the Construction Manager shall submit to be paid monthly invoices to the Owner based upon the percentage of the Work completed subject to and on the terms as described in the Conditions of the Contract. As required by Section 255.05, Florida Statutes, the Owner shall not make a payment to the Construction Manager until the Construction Manager has provided the Owner with a certified copy of the recorded payment and performance bonds for the Project. 8.1.2.1 7.1.2.1 As required by Section 287.0585, Florida Statutes, within seven (7) business working days from receipt of payment from the Owner, the Construction Manager shall pay each trade contractor Trade Contractor out of the amount paid to the Construction Manager on account of such trade contractorTrade Contractor's Work, the amount to which said trade contractor Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said trade contractorTrade Contractor's Work. The Construction Manager shall, by appropriate agreement with each trade contractorTrade Contractor, require each trade contractor Trade Contractor to make payments to its subcontractors in a similar manner. 8.1.3 7.1.3 Pay requests for preconstruction services and for construction shall be documented in accordance with State University System Chancellor’s Memorandum No. CM N 08.01 01/99 which is located on-line at the Facilities Management Site. 7.1.4 As provided by Section §215.422, Florida Statutes, if a warrant in payment of an invoice is not mailed or electronically transmitted by the Owner within forty (40) 40 days after receipt of the invoice and receipt, inspection and approval of the services, the Owner shall pay to the Construction Manager, in addition to the amount of the invoice, interest at the rate established by the Florida state comptroller State Comptroller pursuant to Section §55.03, Florida Statutes, on the unpaid balance from the expiration of such 40-day period(s) periods until such time as the warrant is mailed to the Construction Manager. These provisions apply only to undisputed amounts for which payment has been authorized. Invoices or pay requests returned to the Construction Manager due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice or pay request is provided to the Owner. A vendor ombudsman Vendor Ombudsman has been established within the Owner’s Office of Business and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Owner. The vendor ombudsman Vendor Ombudsman may be contacted at 000 000-0000. 8.2 7.2 Included in the “Construction Manager's Fee” Lump Sum Fee are the following: 8.2.1 7.2.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal and branch offices other than the field office. 8.2.2 7.2.2 Expenses of the Construction Manager’s principal and branch offices other than the field office. 8.2.3 7.2.3 Any part of the Construction Manager’s 's capital expenses, including interest on the Construction Manager’s 's capital employed for the Work. 8.2.4 7.2.4 Overhead and profit, or general expenses of any kind, except as may be expressly included in Article 8, herein, as Cost of the Work. 7.2.5 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 8.2.5 Expenses, 7.2.6 Minor expenses such as telegrams, long distance telephone calls, telephone and cellular communication service, postage, office supplies, courier or overnight delivery costsexpressage, and similar items incurred by in connection with the Work at the home and branch offices. 8.2.6 7.2.7 Cost of equipment, equipment such as typewriters, cameras, radios, computers, cellular communication devicespagers, copiers, facsimile equipment, dictating units, trailers, vehicles, vehicles and furniture purchased or rented by the Construction Manager at the home and branch offices. 8.2.7 7.2.8 All costs incurred during the warranty guarantee period after construction. 8.2.8 7.2.9 Any cost not specifically and expressly described in the Article entitled “8 herein as Cost of the Work.” 8.3 7.3 Adjustments in the Construction Manager’s Fee fee will be made as follows: 8.3.1 7.3.1 Adjustments due to Changes in the Work shall be made as described in the Conditions of the Contract. 8.4 The 7.3.2 For delays in Work caused solely by the Owner, the Construction Manager shall be entitled to an additional fee to compensate the Construction Manager's Fee for each Project . The amount shall be calculated at a daily rate derived by dividing the following percentages basic fee (excluding profit) established in the accepted GMP proposal by the Contract Time established in the GMP Amendment to this Agreement. 7.4 Invoices for fees shall be paid on a percent complete basis equal to the percent complete of the Cost of the Work. $ 0.01 to $ 100,000.00 15.0% $ 100,001.00 to $ 250,000.00 12.5% $ 250,001.00 to $ 500,000.00 12.0% $ 500,001.00 to $ 750,000.00 11.0% $ 750,001.00 to $1,000,000.00 10.0% $1,000,001.00 to $1,250,000.00 09.0% $1,250,001.00 to $1,500,000.00 08.0% $1,500,001.00 to $1,750,000.00 07.0% $1,750,001.00 to $2,000,000.00 06.0%Work each month.

Payments to Construction Manager. 8.1 7.1 In consideration of the performance of the services to be provided by Construction Manager pursuant to this Agreement, the Owner agrees to pay the Construction Manager compensation for its services as set forth below: 8.1.1 7.1.1 For pre-construction preconstruction services, if requested by Owner in writing for a Project, a mutually agreeable the lump sum which shall amount of dollars and no cents ($ ) to be reflected in an Owner purchase order for paid at the applicable Project. Each invoice(s) for pre-construction services shall be submitted to Owner within thirty (30) days after the later of: (a) satisfactory completion of each the following phases: Design Development Report $ 50% Const. Doc. $ 100% Const. Doc $ Acceptance of the requested phases, and (b) Owner’s written approval of each phase. GMP $ Printing $ TOTAL $ All services provided under pre-construction shall be included within the above lump sum amount. Construction Manager shall not be entitled to any other fees for pre-construction preconstruction services, except as otherwise specifically provided in this Agreement. 8.1.1.1 7.1.1.1 Upon receipt of the Notice to Proceed for each Project (reflecting the Owner’s Project number)Proceed, the Construction Manager shall begin providing the indemnification described in this AgreementParagraph 3.18 of the General Conditions of the Contract. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for pre-construction preconstruction services for the purpose of providing indemnification, and is a part of the fee established for the first phase of pre-construction preconstruction services. 8.1.2 Once 7.1.2 Upon acceptance of the GMP, the amount established in the GMP Amendment to this Agreement, which includes the Construction Manager has commenced construction Manager's fee as described in Paragraph 7.2 and the Cost of the Work based upon the Owner’s written Notice To Proceed (with the Owner’s Project number identified)as described in Article 8, the Construction Manager shall submit to be paid monthly invoices to the Owner based upon the percentage of the Work completed subject to and on the terms as described in the Conditions of the Contract. As required by Section 255.05, Florida Statutes, the Owner shall not make a payment to the Construction Manager until the Construction Manager has provided the Owner with a certified copy of the recorded payment and performance bonds for the Project. 8.1.2.1 7.1.2.1 As required by Section 287.0585, Florida Statutes, within seven (7) business working days from receipt of payment from the Owner, the Construction Manager shall pay each trade contractor Trade Contractor out of the amount paid to the Construction Manager on account of such trade contractorTrade Contractor's Work, the amount to which said trade contractor Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said trade contractorTrade Contractor's Work. The Construction Manager shall, by appropriate agreement with each trade contractorTrade Contractor, require each trade contractor Trade Contractor to make payments to its subcontractors in a similar manner. 8.1.3 7.1.3 Pay requests for preconstruction services and for construction shall be documented in accordance with State University System Chancellor’s Memorandum No. CM N 08.01 01/99 which is located on-line at the Facilities Management Site. 7.1.4 As provided by Section §215.422, Florida Statutes, if a warrant in payment of an invoice is not mailed or electronically transmitted by the Owner within forty (40) 40 days after receipt of the invoice and receipt, inspection and approval of the services, the Owner shall pay to the Construction Manager, in addition to the amount of the invoice, interest at the rate established by the Florida state comptroller State Comptroller pursuant to Section §55.03, Florida Statutes, on the unpaid balance from the expiration of such 40-day period(s) periods until such time as the warrant is mailed to the Construction Manager. These provisions apply only to undisputed amounts for which payment has been authorized. Invoices or pay requests returned to the Construction Manager due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice or pay request is provided to the Owner. A vendor ombudsman Vendor Ombudsman has been established within the Owner’s Office of Business and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Owner. The vendor ombudsman Vendor Ombudsman may be contacted at 000 000-0000. 8.2 7.2 Included in the “Construction Manager's Fee” Lump Sum Fee are the following: 8.2.1 7.2.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal and branch offices other than the field office. 8.2.2 7.2.2 Expenses of the Construction Manager’s principal and branch offices other than the field office. 8.2.3 7.2.3 Any part of the Construction Manager’s 's capital expenses, including interest on the Construction Manager’s 's capital employed for the Work. 8.2.4 7.2.4 Overhead and profit, or general expenses of any kind, except as may be expressly included in Article 8, herein, as Cost of the Work. 7.2.5 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 8.2.5 Expenses, 7.2.6 Minor expenses such as telegrams, long distance telephone calls, telephone and cellular communication service, postage, office supplies, courier or overnight delivery costsexpressage, and similar items incurred by in connection with the Work at the home and branch offices. 8.2.6 7.2.7 Cost of equipment, equipment such as typewriters, cameras, radios, computers, cellular communication devicespagers, copiers, facsimile equipment, dictating units, trailers, vehicles, vehicles and furniture purchased or rented by the Construction Manager at the home and branch offices. 8.2.7 7.2.8 All costs incurred during the warranty guarantee period after construction. 8.2.8 7.2.9 Any cost not specifically and expressly described in the Article entitled “8 herein as Cost of the Work.” 8.3 7.3 Adjustments in the Construction Manager’s Fee fee will be made as follows: 8.3.1 7.3.1 Adjustments due to Changes in the Work shall be made as described in the Conditions of the Contract. 8.4 The 7.3.2 For delays in Work caused solely by the Owner, the Construction Manager shall be entitled to an additional fee to compensate the Construction Manager's Fee for each Project . The amount shall be calculated at a daily rate to be established in the following percentages final accepted GMP. 7.4 Invoices for fees shall be paid on a percent complete basis equal to the percent complete of the Cost of the Work. $ 0.01 to $ 100,000.00 15.0% $ 100,001.00 to $ 250,000.00 12.5% $ 250,001.00 to $ 500,000.00 12.0% $ 500,001.00 to $ 750,000.00 11.0% $ 750,001.00 to $1,000,000.00 10.0% $1,000,001.00 to $1,250,000.00 09.0% $1,250,001.00 to $1,500,000.00 08.0% $1,500,001.00 to $1,750,000.00 07.0% $1,750,001.00 to $2,000,000.00 06.0%Work each month.