Appendix2_ProjectManual.pdf

Project Manual

Equine Arena and Sports Medicine Facility Washington State University

Pullman, WA

Project No. 2756-2026 Issued October 1, 2026

Washington State University Facilities Services, Capital

Equine Arena and Sports Medicine Facility SECTION 00 01 10 Washington State University - Pullman Table of Contents

Issued 10/1/2026 Project No. 2756-2026 Page 1 of 1 Revision 10/18/2021

CONDITIONS OF THE CONTRACT

00 50 00 Agreement between Owner and Design-Builder

Completion Deliverables Exhibit 00 72 00 General Conditions for Washington State Facilities Construction with Washington

State University Amendments Attachment A: Asbestos Non-Disturbance Form Attachment B: Veterinary Teaching Hospital Good Faith Survey

DIVISION 01 GENERAL REQUIREMENTS

01 11 00 Summary of Work 01 26 00 Change Order Procedures 01 29 00 Applications for Payment Current Prevailing Wage Rates 01 29 73 Schedule of Values 01 31 19 Project Meetings 01 31 23 Coordination 01 32 13 Progress Schedule 01 32 33 Construction Photographs 01 33 00 Submittals 01 35 16 Alteration Procedures 01 41 00 Regulatory Requirements 01 41 19 Special Provisions 01 45 00 Quality Control 01 45 23 Testing Laboratory Services 01 45 34 Contract Performance Evaluation Program 01 50 00 Construction Facilities & Temporary Controls 01 58 00 Project Identification Sign 01 60 00 Material and Equipment 01 70 00 Project Close-Out 01 71 23 Field Engineering 01 74 19 Construction Waste Management 01 78 23 Operation & Maintenance Manuals 01 81 19 Indoor Air Quality Management Plan 01 91 00 Commissioning Requirements

END OF SECTION 00 01 10

Equine Arena and Sports Medicine Facility SECTION 00 50 00 Washington State University - Pullman Agreement between Owner and Design-Builder

Issued 10/1/2026 Project No. 2756-2026 Page 1 of 26 Revision 11/1/2025

Agreement between Owner and Design-Builder (Cost-Plus Fee with a Guaranteed Maximum Price)

This AGREEMENT is made by and between the following parties, for design and construction services, in connection with the Project identified below.

OWNER: Washington State University c/o Facilities Services, Capital P.O. Box 641150 Pullman, WA 99164-1150

DESIGN-BUILDER: [To be determined]

PROJECT: Equine Arena and Sports Medicine Facility 205 SE Ott Rd Pullman, WA 99164

In consideration of the mutual covenants and obligations contained herein, Owner and Design- Builder agree as set forth herein.

Article 1 The Work of the Design-Build Contract

1.1 Design-Builder to fully execute the Work. Design-Builder will fully execute the entire

Work, including design and construction services, in strict accordance with the Contract Documents, and will provide all material, equipment, tools, labor, and design services necessary to timely complete the Work described in and reasonably inferable from the Contract Documents, except to the extent specifically indicated to be the responsibility of others.

1.2 Design-Builder to further Owner’s interests. Design-Builder accepts the relationship of trust and confidence established by the Design-Build Contract and covenants with Owner to cooperate with Owner and others involved with the Project and to exercise Design-Builder’s best skill and judgment; to furnish efficient, professional and competent design services and construction administration, management and supervision with sufficient quantities of fully qualified, competent and experienced personnel; and to perform the Work in an expeditious and economical manner consistent with Owner’s interests. The parties will endeavor to promote harmony, cooperation and mutual respect among Project participants to the fullest extent possible in order to further the success of the Project and to effect prompt and successful completion of the Project within the requirements of the Contract Documents, the Contract Time and the Guaranteed Maximum Price (or “GMP”).

Article 2

Contract Documents

2.1 The Contract Documents. The “Contract Documents” form the “Design-Build

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Contract.” The Contract Documents consist of this Agreement (Agreement between Owner and Design-Builder or the “Agreement”); any attached Exhibits and other documents listed in the Contract Documents; the General Conditions; other documents listed in Article 13 of this Agreement; and written modifications, amendments and Change Orders to the Design-Build Contract issued after execution of this Agreement. If authorized representatives of both parties execute the Agreement, the Design-Build Contract is effective as of the date of first signature.

2.2. The Design-Build Contract is a complete and integrated agreement. The Design-

Build Contract represents the entire, complete, and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. No oral representations or other agreements have been made by the parties except as specifically established in the Design-Build Contract.

2.3 The Design-Build Contract is between only Owner and Design-Builder. The Design-

Build Contract will not be construed to create a contractual relationship of any kind between any Persons other than Owner and Design-Builder.

2.4 General Conditions modified. The General Conditions and Division 01 define the term “A/E” and identify certain responsibilities of the A/E. In the Design-Build Contract, however, Design-Builder retains the A/E and is responsible for both design and construction of the Work. The following provisions of the General Conditions are hereby modified:

1.01B A/E does not represent Owner.

1.01K The Contract Time is defined in Section 4.2

1.02.1 Signed Agreement includes Design-Builder’s final Proposal and presentation materials.

2.06A The builder’s risk insurance will cover the interests of Design-

Builder’s A/E.

2.06B A/E’s services and expenses may not be covered. Refer to policy.

3.04B Replace “A/E” with “Owner’s consultants.”

4.01C Design-Builder to report discrepancies to Owner.

4.01F Questions to be referred to Owner.

4.02C Final Project Record to be submitted to Owner.

4.03 Submittals will be submitted to and reviewed by Owner, not

A/E. Replace “A/E” with “Owner” throughout.

4.03E Design-Builder and Owner may agree on the number of copies of Submittals to be submitted to Owner. If no such agreement is reached, Design-Builder will submit five (5) copies.

4.05 See Article 11 of this Agreement related to the instruments of service. Article 11 of this Agreement will apply in the event of any inconsistency with Section 4.05 of the General Conditions.

5.07A Replace “A/E” with “Owner’s consultants.”

5.07H Replace “A/E” with “Owner’s consultants.”

5.13A Owner must approve substitutions. Replace “A/E” with

“Owner.”

5.22 Design-Builder has no obligation under this Agreement to defend, indemnify, or hold harmless Design-Builder’s A/E.

6.06A Completion of the Contract Work for purposes of RCW

Chapters 39.08 and 60.28 will occur upon Final Acceptance.

7.02A Design-Builder shall price all costs of any change in the work

Issued 10/1/2026 Project No. 2756-2026 Page 3 of 26 per this Agreement Part 8 and 9. The fee component of the change shall be the Design-Builder’s Fee.

10.04 Strike “or A/E.”

10.08 Strike “A/E and Contractor.”

Article 3

Definitions

3.1 Terms, words and phrases to have ordinary meanings. Terms, words and phrases used in the Contract Documents will have the meanings given them in this Agreement and in the General Conditions or, if not defined, in a manner consistent with construction and design industry standards. In the event of any inconsistency in such definitions, the definitions in this Agreement will control.

3.2 Confirmation of GMP Funding. Not Used

3.3 Design-Builder. “Design-Builder” is the Person identified as such in the Agreement and identified as “Contractor” in the General Conditions. The terms “Design-Builder” and “Contractor” are used interchangeably to identify the Person that is a party to this Agreement. Design-Builder must be licensed, bonded, and insured as a contractor, and legally permitted to do business, in the State of Washington. Design- Builder’s authorized representative, including its Designated Representative, will be authorized to act on Design-Builder’s behalf with respect to the Project.

3.4 Design-Builder’s A/E. “Design-Builder’s A/E” or “A/E” is a Person lawfully licensed to practice architecture or engineering in the State of Washington that has a direct contract or employment relationship with Design-Builder to perform design, architecture and/or engineering services for all or a portion of the Work. Although Design-Builder’s A/E is referred throughout the Contract Documents as if singular in number, Design-Builder’s A/E may be multiple Persons. The “Design-Builder’s A/E” means Design-Builder’s A/E or Design-Builder’s A/E’s authorized representative, and includes any architect or engineer contracted or employed by Design-Builder to perform design Work for the Project.

3.5 Transition to Sustainable Occupancy Program Payment (TSO Program Payment).

Not Used

3.6 Transition to Sustainable Occupancy Reviews (TSO Reviews). Not Used

3.7 Post-Completion Performance Period. Not Used

3.8 Project Execution Plan. The Project approach proposed by Design-Builder in response to Owner’s Request for Proposals. Following execution of this Agreement, the Project Execution Plan may be adjusted by mutual agreement.

3.9 The Project Criteria. The Project Criteria may consist of preliminary engineering and architectural drawings and other information intended to convey Owner’s initial concepts for the facility, the expected programmatic, functional and operational elements of the facility, and the expected net and gross areas of the buildings. Any drawings and other information included with the Project Criteria are not for construction but will be considered and used by Design-Builder to complete the design and prepare Construction Documents for the Project. Design-Builder or its

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A/E will be the designer of record for the Project, will take full responsibility for the design, and will produce Construction Documents for permit submission, Owner acceptance, Subcontractor procurement, and construction.

3.10 Design Review Packages. The Project will have regular in-progress design reviews and Design-Builder will submit Design Review Packages to Owner at the (1) Project Confirmation, (2) Detailed Design Documents, and (3) Construction Documents milestones as agreed in the Project Execution Plan developed during project confirmation to convey Design-Builder’s plan and design for the Work, consistent with the Contract Documents, including the Project Criteria. When accepted by Owner, these Design Review Packages will establish Project baselines from which future submissions will be evaluated.

Each Design Review Package will be complete upon the earlier of (1) Owner’s written acceptance of the package or (2) termination of the Design-Build Contract.

Owner is obligated to pay no more than the amount authorized through each Design Review Package milestone and has no obligation to authorize Design-Builder to proceed further with design or construction under the Agreement if it does not accept any of Design-Builder’s Design Review Packages.

3.10.1 Project Confirmation. The point in time where the intent of the Project, concept, program, goals, priorities, GMP, and schedule have been established. The GMP identified in this Agreement will be reaffirmed by Owner and Design-Builder through the Project Confirmation submittal accepted by Owner. Design-Builder’s submittal will identify any changes to the Project Execution Plan since execution of this Agreement.

3.10.2 Detailed Design Documents. The point in time where the design has been sufficiently completed, to the satisfaction of Owner, to identify Design-Builder expected scope of Work, appropriate trade partners are engaged, and cost, scope, deviation log and schedule have been defined. The GMP identified in the accepted Project Confirmation submittal will be reaffirmed by Owner and Design-Builder through the Detailed Design Documents submittal accepted by Owner. Design- Builder’s submittal will also identify any changes to the Project Confirmation since acceptance of that submittal.

3.10.3 Construction Documents. “Construction Documents” are prepared by Design-Builder and accepted by Owner to convey Design-Builder’s final design for the Work, consistent with the Contract Documents and permit requirements. The Construction Documents are identified in the General Conditions and other Contract Documents as Drawings and Specifications but do not include shop drawings or other Submittals. When complete, Owner will accept Design-Builder’s Construction Documents Design Review Package, which will identify the final design for the Work.

The Construction Documents Design Review Package may be accepted by Owner in phases. The GMP identified in the accepted Detailed Design Documents submittal will be reaffirmed by Owner and Design-Builder through the Construction Documents submittal accepted by Owner. Design-Builder’s submittal will also identify any changes to the Detailed Design Documents since acceptance of that submittal.

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Article 4 Notice to Proceed and Substantial Completion

4.1 Notice to Proceed. Notices to Proceed will be issued by Owner. Owner may issue separate Notices to Proceed for Design-Builder’s design phase services and for construction.

4.2 Contract Time. The Contract Time will be measured from the effective date of the

Agreement date to the contractual date of Substantial Completion established in Section 4.3, subject to adjustments as provided in the Contract Documents. Time is of the essence in completion of the Work.

4.3 Substantial Completion and Final Completion. Subject to adjustment and confirmation at Project Confirmation, Design-Builder will achieve Substantial Completion of the Work by December 1, 2027, subject to adjustments as provided in the Contract Documents, and will achieve Final Completion not later than 60 Days thereafter. Design-Builder represents to Owner that the Contract Time is adequate for full performance of the Work. Design-Builder will also achieve any interim milestones and phasing requirements set forth in the Contract Documents.

4.4 Post-Completion Performance Period. Not Used

4.5 Liquidated damages. Owner will assess, and Design-Builder will be responsible for, liquidated damages in the amount of one thousand eighty six dollars and nineteen cents ($1,086.19) per Day for each Day beyond the contractual date for Substantial Completion that Substantial Completion is not timely achieved, and an additional eight hundred seventy six dollars and nineteen cents ($876.19) per Day for each Day beyond the time period established in Section 4.3 that Final Completion of the entire Work is not achieved. Design-Builder and Owner agree that any liquidated damages established by this Agreement are not penalties and are a reasonable estimation of actual damages to Owner, as of this date of Agreement, based on the inherent uncertainty and difficulty in calculating and quantifying damages caused by delays in the construction of university facilities.

Article 5

Design-Builder’s Design and Preconstruction Services

During the design and preconstruction phase, Design-Builder will perform services as provided in this Agreement and the Contract Documents.

5.1 Design Review Package Obligations.

5.1.1 Design-Builder is not authorized to proceed with, and Owner is not required to pay for, design or construction beyond each Design Review Package milestone until Owner provides written acceptance of Design-Builder’s submittal.

5.2.2 If Owner and Design-Builder are unable to finalize any Design Review Package, Owner may terminate the Design-Build Contract as provided in the Contract Documents. If Design-Builder does not provide a Design Review Package submittal acceptable to Owner or otherwise declines or is unable proceed, Design-Builder will receive no payment beyond amounts already paid. In addition, Owner will have the right to seek damages from Design-Builder in accordance with the dispute resolution

Issued 10/1/2026 Project No. 2756-2026 Page 6 of 26 procedures set forth in the Contract Documents.

5.3 Design Obligations.

5.3.1 During the design and preconstruction phase, Design-Builder will advise and work with Owner and its representatives to make recommendations for alternate or substitute technologies, construction techniques, methods and practices based on maintainability and durability as well as cost savings, time saving and/or other related efficiencies.

5.3.2 The agreements between Design-Builder and Design-Builder’s A/E, other design professionals retained by Design-Builder, and Subcontractors will be in writing.

These agreements, including services with respect to this Project, will be promptly and fully disclosed to Owner upon Owner’s written request after the effective date of the Design-Build Contract.

5.3.3 Design-Builder will be responsible for ensuring that the Construction Documents are in accordance with applicable laws, statutes, ordinances, building codes, rules and regulations, and lawful orders of public authorities, including, but not limited to, the latest adopted versions of:

.1 International Building Code with State of Washington Administrative Code

Amendments .2 International Mechanical Code with State of Washington Administrative Code

Amendments .3 Uniform Plumbing Code with State of Washington Administrative Code

Amendments .4 International Energy Conservation Code-Commercial with State of

Washington Administrative Code Amendments .5 International Fire Code with State of Washington Administrative Code

Amendments .6 National Electric Code with Washington State Administrative Code

Amendments – Regulated by State of Washington Department of Labor and Industries

.7 ADA Title II for Public Buildings in conjunction with the IBC and ICC A-117.1

.8 ASME A17.1 with State of Washington Administrative Code Amendments for elevators – Regulated by State of Washington Department of Labor and Industries

.9 State of Washington Safety Codes for workers per Washington Administrative Code

.10 Asbestos regulations per Washington Administrative Code

5.3.4 Owner and Design-Builder will mutually agree on a schedule for in-progress design meetings. The design meetings will address the requirements for construction of the Project, including but not limited to draft drawings and other details that establish the quality levels of materials and systems proposed, and will identify any deviations from the Project Criteria, Proposal including the Project Execution Plan, or design documents included in a previously approved Design Review Package. During the

Issued 10/1/2026 Project No. 2756-2026 Page 7 of 26 design process, Design-Builder will document for Owner’s benefit all decisions made.

Design Review Packages will be authorized by written acceptance by Owner.

5.3.5 Not Used

5.3.6 Upon Owner’s written authorization, Design-Builder, with the assistance of Owner, will prepare and file design documents, including Construction Documents, required to obtain necessary approvals of governmental authorities having jurisdiction over the Project.

5.3.7 Design-Builder will obtain from each of its design professionals, including Design-

Builder’s A/E, and will provide Owner with certifications with respect to the documents and services provided by these professionals (a) that, to the best of their knowledge, information and belief, the documents or services to which such certifications relate (i) are consistent with the Project Criteria and Proposal (unless specifically modified through an approved Design Review Package) and (ii) comply with applicable laws, ordinances, codes, rules and regulations governing the design of the Project; and (b) that Owner and its consultants will be entitled to rely upon the accuracy of the representations and statements contained in such certifications.

5.3.8 Design-Builder’s design services will result in a Project design in accordance with the

Contract Documents, including the Project Criteria, and suitable for its intended purpose. At the time of performance, Design-Builder’s design professionals will be properly licensed in the State of Washington, equipped, organized and financed to perform the services. Each Person who performs the services will be experienced and qualified to perform the services he or she performs, and Owner will be entitled to rely upon any assistance, guidance, direction, advice or other services provided by any such Person.

5.3.9 Design-Builder will, at no cost to Owner, promptly and satisfactorily correct any of

Design-Builder’s design services that are defective or not in conformity with the requirements of the Design-Build Contract. The obligations of Design-Builder to correct defective or non-conforming design services will not in any way limit any other obligations of Design-Builder or other rights and remedies available to Owner under the Design-Build Contract or otherwise by law.

5.3.10 When the Contract Documents require or Design-Builder causes a Subcontractor of any tier to provide professional design services or certifications related to systems, materials or equipment, Design-Builder will cause design services or certifications to be provided by properly licensed design professionals and will ensure that all documents bear such design professional’s written approval. Owner will be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals.

5.4 Supplemental Preconstruction Obligations.

5.4.1 Design-Builder will include in the in-progress meetings with Owner such matters as procedures, progress, coordination, and scheduling of the Work. Design-Builder will actively and cooperatively advise Owner on proposed site use and improvements, selection of materials, and building systems and equipment. Design-Builder will also actively and collaboratively provide recommendations consistent with the Project requirements to Owner regarding constructability; availability of materials and labor;

Issued 10/1/2026 Project No. 2756-2026 Page 8 of 26 time requirements for procurement, installation and construction; phasing and site work planning; sequencing and scheduling for procurement, installation and construction; traffic planning; factors related to construction quality, maintainability and durability; and factors related to construction cost including, but not limited to, costs of alternative designs and materials, preliminary budgets, life-cycle data, and possible cost reductions.

5.4.2 Design-Builder will work with Owner to prepare a constructability plan for the Project to reduce cost, save time, improve quality, reduce risk and improve the overall process of Project delivery. Key objectives of the constructability program will include creation and maintenance of a well-planned, safe, effective, cooperative and mutually beneficial work environment for all participants. A primary objective of these efforts will be to ensure that the final Cost of the Work does not exceed the GMP and the Project is completed on time. Design-Builder will minimize adverse effects of labor or material shortages or delays; time requirements for procurement, installation and construction; and construction cost.

5.4.3 Design-Builder will perform site investigations, including but not limited to utility locates, to assist in development of the design and construction planning. Any investigations of hidden or subsurface conditions have been made only for purposes of developing the Project Criteria. The results of these investigations are available for the convenience of Design-Builder but they are not Contract Documents. There is no guarantee, express or implied, that the conditions indicated are representative of those existing throughout the site or that unforeseen developments may not occur.

Design-Builder is solely responsible for interpreting the information and extrapolating beyond the testing location, including each individual boring, test pit or other location.

Design-Builder will undertake any further investigation that Design-Builder believes necessary for design or construction.

5.4.4 Design-Builder will provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. Design-Builder will take into consideration occupancy needs, cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues.

5.4.5 Design-Builder will maintain, for Owner’s review and acceptance, and update at least monthly, a procurement schedule for long lead items. Design-Builder will expedite and coordinate the ordering and delivery of long lead materials. If Owner agrees to procure any items prior to the establishment of the GMP, such items will be identified in the Contract Documents and Owner will assign contracts for these items to Design-Builder. Thereafter, Design-Builder will accept responsibility for them.

5.4.6 Design-Builder will prepare an estimate of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for Owner’s review and approval. Thereafter, Design-Builder will collaborate with Owner on cost estimates throughout the preconstruction phase as the design is completed, and will prepare detailed cost estimates with its Detailed Design Documents and Construction Documents Design Review Packages.

Estimates will include increasing detail and refinement and allow for the further development of the design. Design-Builder will inform Owner when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. Design-Builder will also prepare other

Issued 10/1/2026 Project No. 2756-2026 Page 9 of 26 necessary cost studies, comparative estimates, and comparative schedules to evaluate alternatives and options.

5.4.7 Owner, Design-Builder, and their consultants may participate in value engineering prior to completion of the design. Changes may be proposed to the drawings as a result of these processes. Design-Builder will make changes requested by Owner after consultation with Design-Builder’s A/E. At the completion of its review(s), Design-Builder will provide Owner with a formal record of its findings and recommendations. Value engineering will include selecting building systems, with final selection of systems to occur prior to completion of Construction Documents.

5.4.8 Design-Builder will prepare promptly following execution of this Agreement (and prior to submitting any Application for Payment) and periodically update an overall Project schedule consistent with the requirements of the Contract Documents. This schedule will identify all major Project milestones and coordinate and integrate Design-Builder’s services with Owner’s responsibilities. The Progress Schedule will include all major components of the Work; expected commencement and completion dates for the Work and for each Subcontractor; major milestones; dates for ordering and the delivery of major products, including those that are long lead; expected Submittal submission dates; occupancy requirements of Owner; and all other information required by the General Conditions and other Contract Documents.

Design-Builder will be responsible for updating the Progress Schedule during construction as set forth in the General Conditions and other Contract Documents.

5.4.9 Design-Builder will prepare and submit a subcontracting plan to Owner that identifies

Design-Builder’s intended scopes of work, the timing of solicitation of Subcontractor bids and proposals, major coordination issues, and means to enhance the opportunity for local businesses to participate in performing the Work. Design- Builder will use its best efforts to develop Subcontractor interest in the Project and competition for each scope of work. Unless otherwise approved by Owner, Design- Builder will solicit at least three (3) bids or proposals for each component of the Work. Design-Builder will only self-perform Work when such Work is competitively bid by Design-Builder and Design-Builder can perform the Work at the lowest net cost to Owner.

Article 6

Design-Builder’s Obligations During Construction

During the construction phase, Design-Builder will perform services as provided in this Agreement and the other Contract Documents, including Section 01 11 00, Summary of Work, and the General Conditions.

6.1 Owner to review and accept Construction Documents. Design-Builder will perform no construction Work prior to Owner’s review and acceptance of Design-Builder’s Construction Documents via one or more Construction Documents Design Review Submittal. Review and acceptance of Construction Documents by Owner is subject to the limitations of the Contract Documents and will not constitute an approval of Design-Builder’s means and methods or a waiver or modification of any requirement of the Contract Documents.

6.2 Design-Builder to provide Submittals. Owner and Design-Builder will mutually agree on a schedule for Design-Builder to deliver Submittals for Owner review and

Issued 10/1/2026 Project No. 2756-2026 Page 10 of 26 comment. Owner will have at least fourteen (14) Days to review Submittals unless otherwise agreed. Design-Builder will perform no portion of the construction Work for which the Contract Documents require Submittals until Owner has accepted and taken action on each required Submittal in accordance with the procedure set forth in the Contract Documents. However, Submittals are not Contract Documents. Their purpose is to demonstrate for those portions of the Work for which Submittals are required the way that Design-Builder proposes to conform to the Contract Documents. Review and acceptance of Submittals by Owner is subject to the limitations of the Contract Documents and will not constitute an approval of Design- Builder’s means and methods or a waiver or modification of any requirement of the Contract Documents. Design-Builder will resolve all Owner Submittal review comments prior to commencement of the Work.

6.3 Design-Builder to provide Project staff. Design-Builder will provide experienced staff through Final Completion consistent with or in excess of that specified in the Proposal. Design-Builder’s Project staff will not be changed without the written permission of Owner. The staff will include necessary and appropriate design, construction management personnel and administrative staff, including, at a minimum, a qualified Project Manager, a full-time Superintendent, a full-time Project Engineer, a Contractor Quality Control (“CQC”) Manager, a scheduler, and an estimator. Design-Builder’s staff will be sufficient to ensure that:

.1 Responses to all correspondence are provided within seven (7) Days of receipt;

.2 Submittals are reviewed for completeness and forwarded to Owner within three (3) Days of receipt;

.3 Design-Builder’s Project staff remains dedicated to the Project through Final

Completion at no additional cost to Owner; and .4 Responses, Notices, substantiation, Rejections, and Claims as required by

Parts 7 and 8 of the General Conditions are provided to Owner within the time periods required by the Contract Documents.

6.4 Design-Builder to conduct meetings. Unless otherwise determined by Owner, Design-Builder will schedule and conduct weekly Project review meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work, and will prepare and promptly distribute written minutes from the meetings.

6.5 Design-Builder to actively manage and supervise Subcontractors. Design-Builder will coordinate and review and inspect the Work of Subcontractors. Design-Builder will provide notification at regularly scheduled meetings of any major defects or deficiencies and recommend remedial action. Design-Builder will take the lead role in negotiating and resolving any disputes with Subcontractors and obtain Owner’s concurrence or approval of all settlements before executing change orders with Subcontractors.

6.6 Progress reports. Design-Builder will record the progress of the Project. On a monthly basis, or otherwise as agreed by Owner, Design-Builder will submit with its Application for Payment written progress reports to Owner, showing percentages of completion and other information required by Owner. The reports will:

Issued 10/1/2026 Project No. 2756-2026 Page 11 of 26

.1 Include information about Subcontractor buyout, as applicable.

.2 Identify variances between scheduled and probable completion dates for major components of the Work. Recommend action required to meet scheduled completion dates.

.3 Provide summary reports of each Progress Schedule update to document all significant changes and the reasons for them.

.4 Record in writing and by photographs the progress of the Project.

.5 Maintain and report a QC log.

.6 Document any outstanding questions and risks associated with delayed responses.

.7 List outstanding Submittals and risks associated with delayed responses.

.8 Describe the status of outstanding Contract Change Proposals and Change Proposal Requests, and any risks associated with delayed responses.

.9 List all unresolved issues and Claims.

.10 Identify the status of permits that Design-Builder is required to obtain or assist in obtaining.

Design-Builder will also keep, and make available to Owner with its monthly Application for Payment or more often as requested by Owner, a daily log containing a record for each Day of weather, Subcontractors working on the site, deliveries, Work accomplished, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the Work, accidents, injuries, and other information required by Owner. The information on the log does not constitute Notice of a potential or actual Claim to Owner.

Design-Builder will maintain, in good order and on a current basis, a record copy of all subcontracts, purchase orders, Addenda, Unilateral and Bilateral Change Orders, Submittals, inspection reports, maintenance and operating manuals and instructions, and Project Record. These records will be available to Owner, and, at completion of the Project, delivered to Owner.

6.7 Financial reporting and forecasting: Design-Builder will develop and maintain a system of cost control and accurate financial reporting capabilities during the Project, keep full and detailed records and accounts, and exercise such controls as necessary for proper financial management under this Agreement and to substantiate all costs incurred. At least monthly and as otherwise requested, Design-Builder will report to Owner any variances between actual and estimated costs. Design-Builder’s financial reporting will include but not necessarily be limited to:

.1 Subcontractor and supplier buyout status;

.2 Expenditures to date and forecasted costs to complete the Work (including projected savings or overruns) allocated by Schedule of Values line item with variances explained;

.3 Projected cash flow;

.4 Contingency use log;

Issued 10/1/2026 Project No. 2756-2026 Page 12 of 26

.5 Change Order log (pending and/or approved Unilateral and Bilateral Change Orders); and

.6 Risk and issues log identifying estimated costs for each identified risk and issue.

6.8 Quality control and assurance and Owner’s right to inspect the Work: Design-Builder will develop and submit an overall Quality Control and Assurance Plan administered by Design-Builder’s CQC Manager to ensure that the Work is inspected by qualified members of Design-Builder’s staff or third parties. The Quality Control and Assurance Plan must be acceptable to Owner. Owner expressly reserves the right to inspect any and all portions of the Work at any time during the Project. Design- Builder will provide access to the Work as needed by Owner or its representatives, including the use of scaffolding, platforms, or lifts. All corrections or observations noted by Owner will be logged by Design-Builder on a QC log for correction, tracking and documentation to the satisfaction of Owner. Neither Design-Builder nor its Subcontractors will intentionally install Work that does not meet applicable requirements.

6.9 Survey and layout obligations. Owner may provide survey benchmarks within or near the construction limits for the Project. Once benchmarks are established by Owner, it will be Design-Builder’s responsibility to re-establish them if they are disturbed. Design-Builder will be responsible to Owner for general building layout from established benchmarks, for the detailed layout of individual Work, and for the coordination of Work between Subcontractors to ensure that no conflicts exist.

6.10 Special inspection and testing. Certain special inspection and testing may be provided by Owner per Section 01 45 23, Testing Laboratory Services. Design- Builder will provide inspectors and testers furnished by Owner adequate advance notice and timely and appropriate access to the Work.

Article 7

Design-Builder Obligations During the Post-Completion Performance Period Not Used

Article 8

Contract Sum and Guaranteed Maximum Price

8.1 Contract Sum. Following execution of the Agreement, and to the extent funding has been approved, Owner will pay the Contract Sum to Design-Builder for Design- Builder’s performance of the Design-Build Contract. The Contract Sum is the sum of the Cost of the Work and Design-Builder’s Fee; the Contract Sum will not exceed the GMP. The Contract Sum does not include Washington State sales tax due on progress payments on account of the Contract Sum.

8.2 Design-Builder’s Fee. Design-Builder’s Fee shall be a lump sum amount of to be determined ($TBD), which is calculated and fixed based upon the established GMP by multiplying to be determined percent (TBD%) times the estimated sum of the Cost of the Work. The Design-Builder’s Fee covers all of Design-Builder’s profit and home office overhead as well as all other costs not reimbursable under this Agreement, including but not limited to costs of principal participation, home office administrative support, taxes, financing costs, and profit. The insurance rates and bond premium

Issued 10/1/2026 Project No. 2756-2026 Page 13 of 26 used to calculate the GMP will not increase during the term of this Agreement. The fee for changed Work for Design-Builder and Subcontractors shall be as specified in this Agreement. Design-Builder shall not separately mark-up the Design-Builders fee by the fee of the General Conditions.

8.3 Guaranteed Maximum Price. The sum of the Cost of the Work and Design-Builder’s

Fee for the Project, for all design and construction services required by the Contract Documents, is guaranteed by Design-Builder not to exceed the guaranteed maximum price of three million two hundred fifty thousand dollars and zero cents ($3,250,000.00), subject to additions and deductions for changes in the Work as provided in the Contract Documents. The GMP may be adjusted by mutual agreement during the Project and is expected to be confirmed in writing by Owner and Design-Builder through Owner’s written acceptance of each Design Review Package. Owner must approve explicitly in writing any changes to the GMP. The GMP includes by way of example and not limitation all design and construction Costs of the Work; all taxes except Washington State sales tax due on the Contract Sum;

Design-Builder’s contingency; any approved Allowances; all insurance, including liability and E&O coverage; overhead; and Design-Builder’s Fee. Costs that would cause the GMP to be exceeded will be paid by Design-Builder without reimbursement by Owner.

8.3.1 Apprenticeship Utilization Requirements. Design-Build will meet mandatory apprentice utilization of at least fifteen percent (15%) of the total labor hours worked on the Design-Build Contract unless Owner provides written determination otherwise per the Contract Documents. Design-Builder acknowledges that apprenticeship utilization goals should be met, and that Owner has determined monetary incentives for meeting the goals, and monetary penalties for not meeting the goals. Therefore, Owner may retain the sum of two hundred fifty dollars and zero cents ($250.00) as a monetary penalty for not meeting the apprenticeship utilization goals. Or, Owner will pay, by issuance of a Change Order upon Substantial Completion, the sum of two hundred fifty dollars and zero cents ($250.00) as an incentive for meeting the apprenticeship utilization goals.

8.4 Contingency. The GMP includes all Design-Builder contingencies. The contingency is a sum established for Design-Builder’s use to cover costs that are properly reimbursable as Cost of the Work but not the basis for a Change Order, such as, for example, design omissions, buyout error, scope gaps, failure of a Subcontractor of any tier, or expediting costs for critical materials. Design-Builder will use the contingency only with Owner’s consent. Unused contingency will revert to Owner at Final Completion of the Project. For contingency within the GMP, Design-Builder will apply no additional fee for use of contingency.

8.5 Unit Prices. Any Unit Prices are as follows:

Description Units Price ($0.00) None

Unit Prices as set forth in the Contract Documents are “all in.” They include all material, equipment, labor, delivery, installation, and Subcontractor costs, any overhead and profit not included in Design-Builder’s Fee, and any other costs or expenses in connection with, or incidental to, the performance of that portion of the

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Work to which such Unit Prices apply.

8.6 Allowances. Allowances included in the GMP are as follows:

Allowance Amount Included Items

A limited number of Allowances may be included in the GMP due to uncertainty in scope, price and/or quantity at the time this Agreement is executed. Whenever actual costs are more or less than an Allowance, the GMP will be appropriately adjusted. Design-Builder must provide Owner with written Notice of its intent to expend an Allowance amount (providing Owner with the opportunity to approve or reject the cost) before expending an Allowance amount.

8.7 Assumptions. Assumptions or qualifications, if any, on which the GMP is based, are:

Completion Deliverables Exhibit dated 10/1/2026 Project Execution Plan Exhibit dated ___TBD_______

8.8 Changes in the Work.

8.8.1 Owner may, without invalidating the Design-Build Contract, order changes in the

Work consisting of additions, deletions or other revisions. Owner will issue such changes in writing.

8.8.2 Adjustments of the GMP on account of changes in the Work will be determined by the methods specified in this Agreement.

8.8.3 In the event a Change Order is issued for a Change in the Work, Design-Builder and

Subcontractors of any tier may only apply fee for changed Work, including overhead and profit, as specified in this Agreement.

8.8.4 It is the intent of the parties that when the GMP is set, the GMP will include all elements necessary to design, construct, and complete the Project in accordance with the Contract Documents, and that Change Orders adjusting the GMP will therefore not be necessary except in limited circumstances. Accordingly, the GMP will be adjusted only for the following events:

.1 Scope changes.

.2 Concealed or unknown conditions.

.3 Regulatory agency changes.

.4 Changes required by an inspector beyond those contained in regulations.

.5 Allowance adjustments.

8.8.5 Events for which the GMP will not be adjusted include but are not limited to:

.1 Gaps in coverage between Subcontractors, including self-performed Work by Design-Builder, that occur after the GMP is negotiated.

.2 An item indicated in the Contract Documents that was not picked up in the

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GMP.

.3 Errors, omissions, or ambiguities in the design documents, including

Construction Documents, prepared by Design-Builder.

.4 Coordination inconsistencies between design disciplines that Design-Builder knew of, caused, or reasonably should have known of.

.5 Failure or bankruptcy of a Subcontractor.

.6 Escalation of materials, equipment or labor prices.

.7 Estimating errors.

.8 Expediting costs for critical materials.

.9 Costs related to Subcontractor charges that result from mistakes or omissions in Subcontractor buyout, or coordination issues between Subcontractors, or interference between Subcontractor and Design-Builder or among Subcontractors.

Article 9

Cost of the Work

9.1 Costs to be Reimbursed.

9.1.1 Definition. The term Cost of the Work will mean the actual costs reasonably and necessarily incurred by Design-Builder in the proper performance of the Work, without overhead, profit, mark-up or fee, and at rates not higher than the standard paid at the place of the Project except with prior consent of Owner. The Cost of the Work will include only items reimbursable as set forth in this Article 9. If any cost is subject to Owner’s prior approval, Design-Builder will obtain this approval in writing prior to incurring the cost. Whenever the Contract Documents state that Design- Builder will perform any Work or incur any expense, it will be understood to mean, in the absence of language to the contrary, that the cost will be a Cost of the Work payable by Owner, not to exceed the GMP.

The following Sections identify the categories of costs to be reimbursed as Costs of the Work.

9.1.2 Construction and Supervision Labor Costs.

9.1.2.1 Wages of construction workers, including working foremen, directly employed by

Design-Builder to perform the construction of the Work at the site or, with Owner’s approval, at off-site locations in the performance of the Work. Wages of construction workers will not be less than the prevailing rate of wage required by RCW 39.12, “Prevailing Wages on Public Works.”

9.1.2.2 Wages or salaries of Design-Builder’s supervisory and administrative personnel pre-approved in writing by Owner when stationed at or away from the site, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of time required for the Work and directly involving the Project.

The project superintendent, project manager, and estimator are included under this Section, regardless of whether they are or are not working from the field office, for that portion of their time spent working on the Project. Design-Builder will not bill Owner for wages or salaries of these supervisory and administrative personnel in

Issued 10/1/2026 Project No. 2756-2026 Page 16 of 26 excess of eight (8) hours per day and forty (40) hours per week.

9.1.2.3 Costs paid or incurred by Design-Builder for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary annualized benefits such as sick leave, medical and health benefits, vacation, holidays and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 9.1.2.1 through 9.1.2.3. Costs paid or incurred by Design-Builder for bonuses, stock options, deferred compensation, or discretionary payments to employees are not reimbursable Costs of the Work unless included in agreed burden rates. Owner and Design-Builder reserve the right to establish potential performance bonuses that can benefit Owner by reducing the overall cost of the Project.

9.1.2.4 The parties may establish fully burdened wage rates when establishing the GMP.

Any agreed wage and burden rates are subject to Owner’s audit and may be adjusted to reflect actual charges.

9.1.3 Subcontract Costs.

9.1.3.1 Payments made by Design-Builder to Subcontractors will be in accordance with the requirements of their subcontracts. The costs in any cost-plus subcontracts must conform to the requirements of this Article 9. Design-Builder will maintain a procedure for the review, processing and payment of Subcontractor payment applications. Design-Builder will verify the completeness of all Subcontractor payment applications and assemble and check all supporting documentation required by the Contract Documents or by the subcontracts, including receipt of all lien waivers and releases.

9.1.3.2 Payments made to subsidiaries or affiliates of Design-Builder must be approved by

Owner. Owner expressly reserves the right to require Design-Builder to utilize independent Subcontractors rather than Design-Builder’s subsidiaries or affiliates.

Any Work subcontracted to a Design-Builder subsidiary or affiliate will be executed on a lump sum or cost-reimbursable basis as pre-approved by Owner.

9.1.4 Costs of Materials and Equipment Incorporated in the Completed Construction.

9.1.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction.

9.1.4.2 Costs of materials described in Section 9.1.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, will become Owner’s property at the completion of the Work or, at Owner’s option, will be sold or returned to the supplier by Design-Builder. Any amounts realized from such sales or returns will be credited to Owner as a deduction from the Cost of the Work.

9.1.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items.

9.1.5.1 Costs of consumables, including transportation, storage, installation, maintenance, dismantling and removal, of materials, supplies, temporary facilities, machinery, and equipment, that are provided by Design-Builder at the site and fully consumed in the performance of the Work.

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9.1.5.2 Rental charges (not to exceed the local fair market rental costs) actually…