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2 <br />Amendment No. 1 Progressive Design Build Contract <br /> <br />The Owner and Design-Builder are parties to the Progressive Design-Build Contract (the <br />“Contract”) dated June 18, 2025. Contract Section 2.2.2 states in part: <br /> <br />The Phase 1 Work may be broken into one or more subphases, with initial Phase 1 Work <br />contained in Exhibit C as Exhibit C exists as of the date of this Contract and the remainder of <br />the Phase 1 Work added to Exhibit C and to this Contract by one or more Phase 1 <br />Amendment(s). Phase 1 Amendment(s) are subject to approval by the Everett City Council at the <br />Everett City Council’s sole discretion. <br /> <br />Contract Section 7.2 states in part: <br /> <br />If additional Phase 1 Work is added by a Phase 1 Amendment, the Phase 1 Price will increase as <br />established in the Phase 1 Amendment. Phase 1 Work shall be billed at the all-inclusive billing <br />rates and labor categories agreed to herein or in a Phase 1 Amendment, and an agreed-upon not <br />to exceed price. Any rates established shall not be subject to increase for any Phase 1 Work. <br /> <br />Owner and Design-Builder desire to break the Phase 1 Work into subphases. The purpose of this <br />Amendment is to authorize Phase 1B. <br /> <br />The Owner and Design-Builder hereby amend the Contract as to Phase 1 as follows: <br /> <br />1.1 Phase 1 Subphases. Phase 1 Work is divided into two subphases: <br /> <br />1.1.1 Phase 1A Work. The Phase 1 Work as described in Contract Exhibit C as Exhibit C <br />existed as of the date of the Contract is the Phase 1A Work. <br /> <br />1.1.2 Phase 1B Work. The Phase 1 Work in the attached Phase 1B Work and Fee Proposal is <br />added to Contract Exhibit C and is the Phase 1B Work. <br /> <br />To the extent there is inconsistency within Contract Exhibit C regarding whether a Phase 1 Work <br />item is part of the Phase 1A Work or the Phase 1B Work, the description of such Work in the Phase <br />1B Work and Fee Proposal will govern. <br />1.2 Phase 1 Price. The Phase 1 Price is $6,781,608. This amount is sum of $2,901,602 (for <br />completion of Phase 1A Work) and $3,880,006 (for completion of Phase 1B Work). The Phase 1 <br />Price is all-inclusive (including without limitation B&O tax and insurance costs) and is a not-to- <br />exceed price, but does not include sales tax. A breakdown of Phase 1 Price for Phase 1B Work is <br />contained in the attached Phase 1B Work and Fee Proposal. <br /> <br />1.3 Design-Build Fee. The parties acknowledge and agree that the Design-Build Fee is not applicable <br />to Phase 1 Work and will not be paid on any portion of the Phase 1 Price. <br /> <br />1.4 Contract Exhibits. The Exhibit(s) to this Contract, incorporated herein by reference, is (are) as <br />follows: <br /> <br />Exhibit Phase 1B Work and Fee Proposal <br /> <br />1.5 General. This Amendment is a “Phase 1 Amendment” as set forth in the Contract. This <br />Amendment is made and effective as of date of last signature below. This Amendment only <br />amends the Contract as set forth herein. <br /> <br /> <br />* * * * * * * * * * * * * * * * * * * * * * * <br /> <br />