Bayley Construction LP 6/18/2025

3 Progressive Design Build Contract 2.1 hereof (the “Phase 1 Work”) as set forth in Exhibit C (Phase 1A Work and Fee Proposal). The Phase 1 Work may be broken into one or more subphases, with initial Phase 1 Work contained in Exhibit C as Exhibit C exists as of the date of this Contract and the remainder of the Phase 1 Work added to Exhibit C and to this Contract by one or more Phase 1 Amendment(s). Phase 1 Amendment(s) are subject to approval by the Everett City Council at the Everett City Council’s sole discretion. The Phase 1 Work will include completion of Final Design Documents. However, Owner and Design-Builder may reach agreement on the GMP Amendment for Phase 2 at any point following Design-Builder’s completion of the Basis of Design Documents, including incorporation of any Owner comments. As a result, Phase 1 may overlap with Phase 2. The Contract Price and GMP for Phase 2 shall be developed during Phase 1 on an open-book basis. Design-Builder’s Compensation for Phase 1 Work is set forth in Article 7 of this Contract. 2.2.3 Phase 2 Work. Design-Builder’s Phase 2 Work, which shall be identified and described in the agreed-upon Phase 2 Proposal and GMP Amendment, shall consist of, but not be limited to, ensuring continuous operations of Owner or other Services at the site, the procurement of all materials and equipment for the Project, the performance of construction work for the Project, development of various documents associated with Phase 2, training of Owner’s operations staff, and the provision of warranty services. 2.2.4 Early Works Packages. Owner and the Design Builder may agree to early work packages prior to the GMP Amendment. Scope of work, bonding (consistent with the requirements of Article 11), insurance (consistent with the requirements of Article 11), pricing, and other terms for any Early Work Packages shall be negotiated and memorialized in a written executed Amendment prior to issuance of a notice to proceed. Pricing shall be substantially similar to the pricing structure for Phase 2 set forth in Article 7 of this Contract and any General Conditions and pro-rated to the scope of General Conditions Work included in the early works package. 2.3 Phase 2 Proposal. Design-Builder may develop a Phase 2 Proposal at any point following completion of the conceptual design and any other Basis of Design Documents upon which the parties may agree. Design-Builder shall submit a proposal to Owner (the “Phase 2 Proposal”) for the,construction for the Project, and associated work, and for the Contract Price. The Contract Price in the Phase 2 Proposal shall be based on the Construction General Conditions Price (Section 7.4), the Design-Build Fee (Section 7.5), Pass-Through Costs (Section 7.6.3) plus the Cost of the Phase 2 Work (Section 7.6.1) as provided in Article 7 hereof, presented on an open-book basis, all subject to a Guaranteed Maximum Price (GMP). 2.3.1 The Phase 2 Proposal shall include the following unless the parties mutually agree otherwise: 2.3.1.1 The Contract Price, subject to a GMP, shall be the sum of: i. Construction General Conditions Price; ii. Design-Builder’s Fee as defined in Section 7.5 hereof; iii. The Cost of the Phase 2 Work as defined in Section 7.6 hereof, inclusive of any Design-Builder’s Contingency as defined in Section 7.7.2 hereof; iv. Pass Through Costs as defined in Section 7.6.3 hereof. 2.3.1.2 The Basis of Design Documents in a form and state as agreed to by Owner; 2.3.1.3 A list of the assumptions and clarifications made by Design-Builder in the preparation of the Proposal, which list is intended to supplement the information contained in the drawings and specifications;