Bayley Construction LP 5/1/2026 Amendment 1

Everett Outdoor Event Center – Phase 1B January 6, 2026 Page 8 of 9 Terms and Conditions 1. Authorization to proceed: The signing of this Agreement by the Client will serve as written authorization to proceed with the services called for in this Agreement. 2. Standard of Care: In the performance of professional services, Walker Macy shall perform its services consistent with the professional skill and care ordinarily provided by professionals practicing in the same or similar locality under the same or similar circumstances. No warranty or guarantee is expressed or implied. 3. Construction Cost Estimates: Walker Macy does not have control over the cost of labor, materials or equipment or other conditions or circumstances relating to the cost or pricing of construction work. Accordingly, if Walker Macy’s services under this Agreement include an estimate of construction costs, Walker Macy cannot and does not warrant that its estimate will vary either from bids received from contractors or from the actual costs of construction. 4. Review of Existing Conditions: If Walker Macy’s services under this Agreement include an evaluation of existing conditions of the project site, such evaluation will be based solely on information provided by Client, and Walker Macy is entitled to rely on such information. Unless expressly included as part of Walker Macy’s services under this Agreement, Walker Macy will not perform any testing or other ground-disturbing evaluation of the project site. If Walker Macy’s services under this Agreement do include a ground-disturbing evaluation of the project site, this evaluation (1) is limited to those areas specified in Walker Macy’s scope of services and (2) does not mean that the conditions of the project site observed by Walker Macy during its evaluation do not vary from the conditions of those areas of the project site that Walker Macy does not evaluate. 5. Exclusive Use: Services provided under this Agreement, including all reports, information or recommendations prepared or issued by Walker Macy, are for the exclusive use of the Client for the project specified. No other use is authorized under this Agreement. Except as authorized in writing by Walker Macy, Client will not distribute or convey reports or recommendations of Walker Macy to any person or entity other than those identified in this Agreement as entitled to rely on such reports or recommendations. Client releases Walker Macy from liability and agrees to defend, indemnify, protect, reimburse and hold harmless Walker Macy from, for and against any and all claims, liabilities, damages or expenses arising, in whole or in part, from such unauthorized distribution or conveyance. 6. Invoices and Payments: Invoices will be submitted by Walker Macy on a monthly basis and will be due and payable on the invoice date. Invoices not paid within thirty (30) days of the invoice date shall be subject to an interest charge of one and one-half percent (1.5%) per month computed at 31 days from the date of the invoice. In addition, any collection fees, legal fees, court costs, and other related expenses incurred by Walker Macy in the collection of delinquent invoice amounts shall be paid by Client. In the event Client disputes all or part of Progressive Design-Build Contract for Everett Outdoor Event Center Exhibit to Amendment No. 1 - Phase 1B Work and Fee Proposal