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Ordinance No. 16,362 (Item 2.b.)
ORDINANCE NO. 16,362 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH BARKER RINKER SEACAT ARCHITECTURE P.C. FOR ARCHITECTURAL SERVICES RELATED TO THE EXXON MOBIL BAYTOWN EVENTS CENTER AND STERLING MUNICIPAL LIBRARY RENOVATION; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIVE -MILLION, NINETY-NINE THOUSAND, EIGHT -HUNDRED, FIVE DOLLARS ($5,099,805.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with Barker Rinker Seacat Architecture P.C. to perform architectural services related to the Exxon Mobil Baytown Events Center and Sterling Municipal Library renovation. A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Barker Rinker Seacat Architecture P.C. in an amount not to exceed FIVE -MILLION, NINETY-NINE THOUSAND, EIGHT -HUNDRED, FIVE DOLLARS ($5,099,805.00) for professional services in accordance with the agreement authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmativ vote of the City Council of the City of Baytown this the 8" day of January, 2026. 42 _ ISON, Mayor ANG TO FORM: :j SCOTT I`EMOND, City Attorney R:\Ordinances a d Resolutions\Ordinance Drafts\2026-I-8\Ord-EMBEC- Barker Rinker Seacat-SL.docx __Jrr1 EXHIBIT "A" AIA Document B101 - 2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Eighth day of January in the year Two Thousand Twenty -Six (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document may BETWEEN the .Architect's client identified as the Owner: have revised the text of the original (?Name, legal status, address and other information) AIA standard form. An Additions and Deletions Report that notes City of Baytown revisions to the standard form text is available from the author and 2401 Market Street should be reviewed. A vertical line Baytown, TX 77522 in the left margin of this document Tel. 281.422.8281 indicates where the author has added to or deleted from the and the Architect: original AIA text. (Name, legal status, address and other information) This document has important legal Barker Rinker Seacat Architecture P.C. consequences. Consultation with an attorney is encouraged with 990 South Broadway #222 respect to its completion or Denver, CO 80209 modification. Tel 303.455.1366 for the following Project: (Name, location and detailed description) ExxonMobil Baytown Events Center and Sterling Municipal Library Renovation Baytown, TX The Owner and .Architect agree as follows. AIA Document B101 -2017. Copyright® 1974, 1978, 1987, 1997. 2007 and 2017. All rights reserved. 'The American Institute of Architects," `American Institute of Architects.' "AIA," the AIA Logo. and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 16:44.39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts-com. User Notes: (69406f8ca90537ecce20fbb6) TABLE OF ARTICLES INITIAL INFORMATION ARCHITECT'S RESPONSIBILITIES SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION 11.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable " or "unknown at time of execution. ) Architectural design services for the ExxonMobil Baytown Events Center and Sterling Municipal Library Renovation, aligned with RFQ 25-0813. § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) New ExxonMobil Event Center The proposed facility will host a wide variety of sports, including basketball, volleyball, pickleball, cheerleading, wrestling, dance, gymnastics, and more, positioning this facility as a premier destination for youth and adult tournaments. Beyond sporting events, this multiple -purpose venue will be able to accommodate concerts, family shows, meetings, exhibitions, consumer expos, and community events, offering a versatile space for a wide range of indoor activities. Sterling Municipal Library Renovation The proposed interior and exterior renovation of the Sterling Municipal Library envisions a state-of-the-art library, integrated with the ExxonMobil Baytown Events Center to form a cohesive campus destination. Area goals for each facility are stated in RFQ 25-0813. Final area for each facility will be determined based on alignment with the construction budget available for the project. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project 's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of AIA Document 8101 — 2017. Copyright iD 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' 'American Institute of Architects,' 'AIA,' the AIA Logo, and `AIA Contract Documents' are trademarks of The American institute of Architects. This document was produced at 2 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07130/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo(daiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) public and private utilities and services; legal description of the site, etc.) The project site is located at the comer of Market Street, Texas Avenue and Decker Drive as shown in Exhibit D. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) The total project budget is $55,000,000 and the initial construction budget is $44,000,000 § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: See attached Exhibit B. .2 Construction commencement date: April 2027 .3 Substantial Completion date or dates: December 2028 .4 Other milestone dates: See attached Exhibit B. § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast -track design and construction, multiple bid packages, or phased construction.) Construction Manager at Risk § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any.) 11.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204T"L2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information.) Gerry Kraus Graham Associates 600 Six Flags Dr Ste 500 Arlington, TX 76011 Tel: 214.663.2651 Brant Gary City of Baytown 2401 Market Street, Baytown, Texas 77520 Tel: 281.420.6530 ALA Document 6101 — 2017. Copyright m 1974. 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects.' 'Amencan Institute of Architects.' 'AIA,' the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 3 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail docinfo@aiscontracts.com. User Notes: (69406f8ca90537ecca2Ofbb6) S 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information.) None § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: To be provided by Owner: Geotech - Terracon Josh Miles 281.557.2900 Josh.milesna.terracon.com .2 Surveyor: To be provided by Owner: Surveyor - S & V Surveying Joel Bilyeu 281.3532570 Joel( sysurveying.com .3 Other, if any: (List any other consultants and contractors retained by the Owner.) § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) Craig Bouck Barker Rinker Seacat Architecture P.C. 990 South Broadway #222 Denver, CO 80209 Tel 303.455.1366 S 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information.) § 1.1.11.1 Consultants retained under Basic Services: 1 Structural / Civil Engineer: AIA Document 8101 — 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute Of Architects,"AIA," the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 4 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07130/2026. is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) JQ Infrastructure, LLC- Structural Engineering Stephen Lucy, PE 15810 Park Ten Place I Suite 225 1 Houston, TX 77084 (832) 856-8115 1 phone .2 Mechanical Engineer: ME Engineers Ed Hornfeck, PE 14143 Denver West Parkway, Suite 300, Golden CO 80401 303.421.6655 (phone) .3 Electrical Engineer: ME Engineers Wayne Pellerin 4550 Post Oak Place, Suite 305 Houston, TX 77027 713.621.8690 4 Library Consultant: Margaret Sullivan Studio Margaret Sullivan 307 7th Avenue, Suite 1507, New York, NY 10001 P 646 844 1366 5 Landscape Architect: TBG Partners Jodi House 2001 Bryan St Suite 1450, Dallas, TX 75201 [2141 744 0757phone 6 Sports Tourism/Operations: LT Sports Larry Auth 251 Settlement Plaza Dr. Fort Worth, Texas 76108 817-367-7800 7 Cost Estimating Consultant: AIA Document 8101 — 2017. Copyright ® 1974, 1978, 1987, 1997. 2007 and 2017. All rights reserved. 'The American Institute of Architects," 'American Institute of Architects,' "AIA; the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 5 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026. is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiscontracts.com. User Notes: (69406f8ca90537ecce20fbb6) Blundall Associates, Inc Martyn Blundall 7223 Engle Road, Suite 215 Fort Wayne, IN 46804 260 489 8444 (Phone) 8 Food Service Consultant: Food Service Design Professionals, LLC Melissa Moore 594 Sawdust Road, Suite 139, The Woodlands, TX, 77380 281.350.2323 Accessibility Consultant: Accessology Too, LLC Ross Thomas 6800 Weiskopf Ave, Suite 150 McKinney, TX 75070 10 Specifications Consultant: Conspectus Elias Saltz 326 Ronnie Drive, Buffalo Grove, IL 60089 609.628.2390 (phone) § 1.1.11.2 Consultants retained under Supplemental Services: § 1.1.12 Other Initial Information on which the Agreement is based: 11.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. 11.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document G203T"L2022, BIM Execution Plan, to establish the protocols for the development, use, transmission, and exchange of digital data. 11.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document G203Tm-2022, BIM Execution Plan, and the requisite AIA Document G205Tm-2022, Abbreviated Model Element Form, shall be at the using or relying parry's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. AIA Document B101 — 2017. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," 'American Institute of Architects,' 'AIA; the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at s 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. 12.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. 12.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 12.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than One Million Dollars($ 1,000,000 ) for each occurrence and Two Million Dollars ($ 2,000,000 ) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Million Dollars (S 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers' Compensation at statutory limits. § 2.5.5 Employers' Liability with policy limits not less than One Million Dollars ($ 1,000,000 ) each accident, One Million Dollars (S 1,000,000 ) each employee, and One Million Dollars ($ 1.000.000 ) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than One Million Dollars ($ 1,000,000 ) per claim and One Million Dollars (S 1,000,000 ) in the aggregate. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims to the extent caused by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. AIA Document 8101 - 2017. Copyright O 1974, 1978, 1987. 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,'American Institute of Architects,' 'AIA,' the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 7 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only. and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiawntracts.com. User Notes: (69406f8ca90537ecce20fbb6) § 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information fiirnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming Work, made or given without the Architect's written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 13.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. 13.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule, and budget for the Cost of the Work. AIA Document B101 — 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,"American Institute of Architects," 'AIA; the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 8 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07130/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.wm. User Notes: (69406f8ca90537ecce20fbb6) § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's written approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.1.1 As a service to the Owner, the Architect shall illustrate and describe additive and deductive alternatives in order to preserve options for cost control through the end of the Design Development phase. Upon acceptance of the budget at the end of Design Development, the project scope shall be fixed, and documentation of alternatives beyond the Design Development phase shall constitute an Additional Service § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's written approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful AIA Document B101 — 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,* *American Institute of Architects,' "AIA." the AIA Logo, and 'ALA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 9 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07130/2026. is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail docinfo@aiacwntracts.com. User Notes: (69406f8ca90537ecce20fbb6) hid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. 13.5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 1-he Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A20 I T14-2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. In the event the Architect fails to perform a necessary task or work item, and later corrects the omission within a reasonable period of time, the Architect shall be responsible only for that portion of the cost resulting from the work being performed out of sequence. 13.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site observations to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. ALA Document 8101 — 2017. Copyright m 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,'American Institute of Architects,' 'AIA; the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at ) O 16:44:39 MST on 12/23/2025 under Subscnption No.20250148606 which expires on 07130/2026. is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 13.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor 13.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site observations to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. 13.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. AIA Document 8101 - 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," 'American Institute of Architects,' 'AIA,' the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 0713012026. is not for resale, is licensed for one-time use only. and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. 13.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate of Payment based upon a final observation indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Construction Documents. § 3.6.6.2 The Architect's observations shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. 13.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. 13.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) AIA Document B101 — 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' 'American Institute of Architects,' 'AIA," the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 2 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Nobs: (69406f8ca90537ecce20tbb6) Supplemental Services Responsibility _ -- (Architect, Owner, or not provided) Owner & Architect § 4.1.1.1 Programming § 4.1.1.2 Multiple preliminary designs Architect 14.1.1.3 Measured drawings Owner & Architect § 4.1.1.4 Existing facilities surveys / conditions Owner & Architect assessment § 4.1.1.5 Site evaluation and planning Owner & Architect § 4.1.1.6 Building Information Model Architect management responsibilities 14.1.1.7 Development of Building Information Models Not Provided / TBD for post -construction use § 4.1.1.8 Civil engineering Owner & Architect § 4.1.1.9 Landscape design Architect § 4.1.1.10 Architectural interior design i Architect 14.1.1.11 Value analysis I Architect & CMAR i § 4.1.1.12 Detailed cost estimating beyond Not Provided that required in Section 6.3 § 4.1.1.13 On -site project representation Architect (limited to §4.2.3 ) § 4.1.1.14 Conformed documents for construction Architect I § 4.1.1.15 As -designed record drawings Architect § 4.1.1.16 As -constructed record drawings Architect § 4.1.1.17 Post -occupancy evaluation Owner & Architect (limited, TBD) i § 4.1.1.18 Facility support services i Owner & Architect (limited, TBD) § 4.1.1.19 Tenant -related services Owner & Architect (limited, TBD) § 4.1.1.20 Architect's coordination of the I Not Provided Owner's consultants § 4.1.1.21 Telecommunications/data design Architect 14.1.1.22 Security evaluation and planning Architect 14.1.1.23 Commissioning Architect 14.1.1.24 Sustainable Project Services pursuant to Not Provided _ Section 4.1.3 14.1.1.25 Fast -track design services Not Provided § 4.1.1.26 Multiple bid packages Not Provided § 4.1.1.27 Historic preservation Not Provided 14.1.1.28 Furniture, furnishings, and equipment Owner & Architect design AIA Document B101 - 2017. Copyright m 1974, 1978. 1987. 1997, 2007 and 2017. All rights reserved 'The American Institute of Architects," 'American Institute of Architects," 'AIA," the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 13 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) § 4.1.1.29 Sports Planning and Operations Assistance j Architect § 4.1.1.30 Stakeholder & Public Engagement Owner & Architect § 4.1.1.31 Other Supplemental Services TBD 5 4.11 Description of Supplemental Services $ 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. (Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services.) Please refer to attached exhibits for additional information. § 4.11.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. (Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) Owner to provide geotechnical report, site survey, and existing drawings of the Sterling Municipal Library. § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204"14 -2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner -authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, AIA Document B101 — 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' 'American Institute of Architects,' 'AIA; the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 14 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail docinfo®aiacontracts.com. User Nobs: (69406f8ca90537ecce20fbb6) .11 Assistance to the Initial Decision Maker, if other than the Architect § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor - prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. 142.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Thirty Six ( 36 ) visits to the site by the Architect during construction .3 Two ( 2 )observations for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( 2 ) observations for any portion of the Work to determine final completion. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within Thirty Six ( 36 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES 15.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. 15.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. The Owner Designates Mr. Garry Kraus, Graham Associates as the Owner's Representative. 15.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated AIA Document B101 - 2017. Copyright ® 1974, 1978, 1987. 1997. 2007 and 2017. All rights reserved. 'The American Institute of Architects,"American Institute of Architects,' 'AIA,' the AIA Logo, and -AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 5 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 0713012026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 15.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil beating values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. 15.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. 15.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. 15.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 15.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 15.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. 15.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights -of -way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. 16.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, AIA Document B101 — 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' 'American Institute of Architects,' 'AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 6 16:44:39 MST on 12123/2025 under Subscription No.20250148606 which expires on 07130/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo®aiacontracts.com. User Notes: (69406f8ca 90537ecce20fbb6 ) prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. 16.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services exceeds the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, with additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. 17.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. 17.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize AIA Document B101 - 2017. Copyright ® 1974, 1978, 1987, 1997. 2007 and 2017. All rights reserved 'The American Institute of Architects,' 'American Institute of Architects,' 'AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 17 16:44:39 MST on 12/2312025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentso Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. f 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. 7.3.2 The Owner may use the Instruments of Service to assist with additional developments in the general area of the facility in accordance with Section 7.3. Approval for these types of uses will not be reasonably withheld by the Architect and the Architect's consultants. 17.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 17.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination of this Agreement, except as specifically provided in Section 9.7. The parties agree that this mutual waiver includes, but is not limited to, damages incurred by either party for loss of income, lost profit, financing costs, loss of business, or damage to reputation. In any litigation arising under this Agreement, the types and amounts of damages recoverable shall be subject to Texas Local Government Code, Chapter 271, Subchapter I. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American AIA Document B101— 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' 'American Institute of Architects,' AIA,' the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 18 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6 ) Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation, shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 19.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. 19.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 19.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 19.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. AIA Document B101 - 2017. Copyright ® 1974, 1978. 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," 'American Institute of Architects," "Alk" Ole AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 9 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations. e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee) .1 Termination Fee: None .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: None 19.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. 19.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS 110.1 This Agreement and any and all claims, disputes, and matters of controversy concerning this Agreement shall be governed, construed, and interpreted by the law of the State of Texas, without regard for any of its conflict of law provisions. In the event litigation is filed, the parties agree that the exclusive and mandatory venue for any such litigation shall be in a court of competent jurisdiction located in Harris County, Texas. No provision of this Agreement is a waiver of any immunity or defense. No provision of this Agreement is a consent to suit. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions of the Contract for Construction. 110.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. 110.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. 110.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. 110.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall ALA Document 8101 — 2017. Copyright ®1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,"American Institute of Architects,' 'AIA," the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 20 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only. and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts com Use► Nobs: (69406f8ca90537ecce20fbb6) survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. 110.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. 110.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. 110.10 The Architect agrees to publish milestone documents at the end of each phase for the purpose of estimating and/ or pricing. Other interim document sets are for design coordination and internal review only: publication of additional interim documents for the purpose of estimating/ pricing will be an additional service and require additional time. § 10.11 Latent Conditions. In the event the Project includes any remodeling, alteration, or rehabilitation work, the Owner acknowledges that certain design and technical decisions will be made on assumptions based on available documents and visual observations of existing conditions. 110.12 179D Commercial Buildings Energy -Efficiency Tax Deduction. The 179D commercial buildings energy efficiency tax deduction primarily enables building owners to claim a tax deduction for installing qualifying systems in buildings. If the system or building is installed on federal, state, or local government property, the 179D tax deduction may be assigned by the Public Agency to the design team responsible for the design. The 179D tax deduction has been in effect since January 1, 2006, and is now a permanent program enacted as part of the Consolidated Appropriations Act of 2021, signed into law on December 27, 2020. Owner agrees to allocate tax deduction incentives under paragraph 179d of the Internal Revenue Code regarding the Energy Policy Act and energy savings to the Architect of Record, Barker Rinker Seacat Architecture. As a Public Agency, the potential deduction has no direct value to the City of Baytown as it does not pay federal income taxes. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) See Exhibit A .2 Percentage Basis (Insert percentage value) ( ) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11.6. .3 Other (Describe the method of compensation) ALA Document B101 — 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects,* American Institute of Architects,' 'AIA,' the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 21 16:44:39 MST on 12123/2025 under Subscription No.20250148606 which expires on 07/3012026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail docinfb@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) I 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) 111.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for. compensation) Architect will prepare a lump sum proposal or work will be done on an hourly basis per Architect's current hourly rates at the time of additional services. These rates change in January of every year. 2026 hourly rates are shown in Exhibit C. 111.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent ( %), or as follows: (Insert amount of, or basis for computing, Architect's consultants ' compensation for Supplemental or Additional Services) As mutually agreed by Owner and Architect in advance of services. § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as shown on the attached fee schedule for pre -design, base services, and selected additional services, attached hereto and incorporated herein as Exhibit A. § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) See attached Exhibit C § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project websites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; AIA Document 8101 — 2017. Copyright 0 1974.1978, 1987, 1997 2007 and 2017. All rights reserved. 'The American Institute of Architects,"American Institute of Architects,' 'AIA,' the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 22 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail docinfo®aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other similar Project -related expenditures. .13 Out of town travel by specialty consultants that have an office in Harris or Chambers Counties can be allowed, but only with authorization from the Owner. This is regarding specialty mechanical, electrical, plumbing, technology, commissioning, and landscape design team members from N4E Engineers and TBG Partners. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus percent ( %) of the expenses incurred. § 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.5, and for which the Owner shall reimburse the Architect.) § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of N/A (S N/A ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. 111.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of N/A (S N/A ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Undisputed amounts shall be paid within the time period required under Texas Government Code §2251.021. 111.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) § 12.1 Records Retention. If Architect has not delivered all documents and records relating to this Project to the Owner, Architect shall keep all accounting and project records on the Project after Final Completion of the Project for at least the number of years required by the Texas Record Retention laws, in order for Owner to comply with its records retention requirements, per the Texas Government Code Chapter 441, Subchapter L and the Texas Library and Archives Commission's Schedule. § 12.2 No Boycott of Israel. Contractor certifies that it (and any of its affiliates or parent company) does not, and will AIA Document B101 — 2017. Copyright 01974. 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," 'American Institute of Architects," 'AIA," the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 23 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) not, boycott Israel during the term of any contractual arrangement with Owner. For purpose of this agreement, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include any action made for ordinary business purposes. § 12.3 Prohibition of Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organizations. Contractor certifies that it is not a company identified by the Texas Comptroller as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. 112.4 Prohibition of Contracts with Affiliates of Abortion Providers. In accordance with Texas Government Code, Chapter 2273, Owner is prohibited from entering into a contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not an "affiliate" of an abortion provider as that term is defined in Texas Government Code 2273.001(3). Contractor voluntarily and knowingly acknowledges and agrees that the contracts shall be null and void should facts arise leading the Owner to believe that the contractor was an affdiate of an abortion provider at the time of procurement. § 12.5 Prohibition of Contracts with Company that Discriminates Against Firearm and Ammunition Industries. In accordance with Chapter 2274 of the Texas Government Code, Owner is prohibited from entering into a contract with a value of over $100,000 with a company that discriminates against firearm and ammunition industrites, as those terms are defined under the law. Contractor verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the relationship with Owner against a firearm entity or firearm trade association. Contractor voluntarily and knowingly acknowledges and agrees that contracts shall be null and void should facts arise leading the Owner to believe that the Contractor was or has become a company that discriminates against firearm and ammunition industries. 112.6 Prohibition of Contracts with Company that Boycotts Certain Energy Companies. In accordance with Texas Government Code 2274 of the Texas Government Code, Owner is prohibited from entering into a contract with a value of over $100,000 with a company that boycotts energy companies, as those terms are defined under the law. Contractor verifies that it (1) does not boycott energy companies (as defined by Texas Government Code 890.001); and (2) will not boycott energy companies during the term of relationship with Owner. Contractor voluntarily and knowingly acknowledges and agrees that contracts shall be null and void should facts arise leading the Owner to believe that the Contractor was or has become a company that boycotts energy companies. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. No failure to act by either Party hereto will be deemed to constitute a waiver of such Parry's rights or remedies here under. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 101 TK--2017, Standard Form Agreement Between Owner and Architect .2 AIA Document G203Tm-2022, BIM Execution Plan, dated as indicated below: (Insert the date of the G203-1022 incorporated into this agreement.) ALA Document B101 — 2017. Copyright 01974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,"American Institute of Architects,' AIA,' the ALA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 24 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07130/2026. is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents• Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Nobs: (69406f8ca90537ecce201`bb6) January 801, 2026 .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement) [ ] AIA Document E204Tm -2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this agreement.) [ X ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2.) Exhibit A — Fee Summary for Pre -Design, Base Services, and Selected Additional Services Exhibit B — Preliminary Project Schedule & Deliverables Exhibit C — Hourly Rates Exhibit D — Project Limits .4 Other documents: (List other documents, if any, forming part of the Agreement.) This Agreement entered into as of the day and year first written above. OWNER (Signature) BY: Brant Gary, Assistant City Manager (Printed name and title) OWNER (Signature) BY: Brant Gary, Assistant City Manager (Printed name and title) ARCHITECT (Signature) BY: Craig Bouck, Parmer (Printed name, title, and license number if required) ARCHITECT (Signature) BY: Craig Bouck, Partner (Printed name, title, and license number if required) AIA Document B101 - 2017, Copyright ® 1974, 1978, 1987. 1997. 2007 and 2017. All rights reserved. "The American Institute of Architects,' "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 25 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) Additions and Deletions Report for AIAv Document 8101 r. —2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:44:39 MST on 12/23/2025. Changes to original AIA text PAGE 1 AGREEMENT made as of the Fifieentk Eighth day of DeeefobeF Janes in the year Two Thousand Twenty- 1vesix PAGE 2 ' i '1—�;Architectural design services for the ExxonMobil Baytown Events Center and Sterling Municipal Library Renovation, aligned with RFQ 25-0813. 1.1.1 The Owner's program for the Project: -!New ExxonMobil Event Center PAGE 3 §-1.1:3-The project site is located at the comer of Market Street, Texas Avenue and Decker Drive as shown in Exhibit D. §-- 44 T4_-Qg y Kraus PAGE 4 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: .2 GiN41 EagineeFSurveyor: Surveyor - S & V Surveying Joel Bilk 281.3532570 joel(a_,�sysurveying. com Additions and Deletions Report for AIA Document B 101 - 2017 Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 16:44:39 MST on 12/2312025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations. e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) z 1.1.42 other- initial hifefmation on whi" the Agrzeement is based! raig Bouck § 1 1 11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name legal status address and other contact information.) § 1 1 11 1 Consultants retained under Basic Services: .1 Structural / Civil Engineer: PAGE 5 JJQ Infrastructure, LLC- .2 Mechanical Engineer: .3 Electrical Engineer: 4 Library Consultant: Margaret Sullivan Studio Margaret Sullivan 307 7th Avenue Suite 1507 New York, NY 10001 P 646 844 1366 5 Landscape Architect: TBG Partners Jodi House 2001 Bryan St Suite 1450. Dallas, TX 75201 [2141 744 0757phone l 6 Sports Tourism/Operations: LT Sports Larry Auth 251 Settlement Plaza Dr. Fort Worth, Texas 76108 817-367-7800 Cost Estimating Consultant: Additions and Deletions Report for AIA Document B101 — 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,* American Institute of Architects.- AIA," the AIA Logo. and "AIA Contract Documents' are trademarks of The American Institute of Architects. This Z document was produced at 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07130/2026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) PAGE 6 Blundall Associates. Inc Martyr Blundall 7223 Engle Road, Suite 215 Fort Wayne, IN 46804 260 489 8444 (Phone) Food Service Consultant: Food Service Design Professionals. LLC Melissa Moore 594 Sawdust Road, Suite 139, The Woodlands, TX, 77380 281.350,2323 Accessibility Consultant: Accessology Too. LLC Ross Thomas 6800 Weiskopf Ave, Suite 150 McKinney, TX 75070 10 Specifications Consultant: Conspectus Elias Saltz 326 Ronnie Drive, Buffalo Grove, IL 60089 609.628.2390 (phone) 1.1.11.2 Consultants retained under Supplemental Services: 1.1.12 Other Initial Information on which the Agreement is based: 1.2 The Owner and Architect may rely on the Initial Information. Both parties. however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon• te%- protocols governing the transmission and use of, and reliaftee aft, Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document G203T"-2022. BIM Execution Plan, to establish the protocols for the development, use, transmission. and exchange of digital data. § UA Any use of, or reliance on, all or a portion of a building information model without agreement to . Additions and Deletions Report for AIA Document B101 — 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. `The American Institute of Architects," 'American Institute of Architects,' "AIA,' the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/3012026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document 15203TM-2022 BIM Execution Plan and the requisite AIA Document G205Tm-2022 Abbreviated Model Element Form. shall be at the using or relying parry's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. PAGE 7 § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims eaused an whole or. in peWo the extent caused by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. PAGE 9 § 3.3.1 Based on the Owner's written approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. §342 3.3.1.1 As a service to the Owner, the Architect shall illustrate and describe additive and deductive alternatives in order to preserve Utions for cost control through the end of the Design Development phase. Upon acceptance of the budget at the end of Design Development the project scope shall be fixed, and documentation of alternatives beyond the Desigrt Development phase shall constitute an Additional Service § 3.3,2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.4.1 Based on the Owner's written approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. 2 4 >a §- 3.5.3 Negotiated Proposals Additions and Deletions Report for AIA Document B101 — 2017. Copyright ® 1974, 1978, 1967, 1997, 2007 and 2017. All rights reserved. `The American Institute of Architects," "American Institute of Architects,' "AIA," the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This 4 document was produced at 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07130/2026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) PAGE 10 § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. In the event the Architect fails to perform a necessary task or work item, and later corrects the omission within a reasonable period of time, the Architect shall be responsible only for that portion of the cost resulting from the work being performed out of sequence. § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-siteto check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. PAGE 11 § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site-impeetiees observations to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. PAGE 12 .4 issue a final Certificate €emf Payment based upon a final inspeetieaobservation indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the G 9<9nj4Mgjj0 Documents. § 3.6.6.2 The Architect's4aspee4iees observations shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. PAGE 14 Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.1 Programming Owner & Architect § § 4.1.1.2 4.1.1.3 Multiple preliminary designs Measured drawings Architect Owner & Architect § 4.1.1.4 assessment Existing facilities surveys / conditions Owner & Architect § 4.1.1.5 Site evaluation and planning Owner & Architect Additions and Deletions Report for AIA Document 8101 - 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects; "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This 5 document was produced at 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07130/2026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) § 4.1.1.6 Building Information Model Architect management responsibilities _ § 4.1.1.7 Development of Building Information Models Not Provided / TBD for § post -construction use 4.1.1.8 Civil engineering Owner & Architect § 4.1.1.9 Landscape design I Architect § 4.1.1.10 Architectural interior design Architect —{I § 4.1.1.11 Value analysis Architect & CMAR I § 4.1.1.12 Detailed cost estimating beyond Not Provided that required in Section 6.3 § 4.1.1.13 On -site project representation Architect (limited to §4.2.3 ) § 4.1.1.14 Conformed documents for construction i Architect § 4.1.1.15 As -designed record drawings Architect § 4.1.1.16 As -constructed record drawings Architect § 4.1.1.17 Post -occupancy evaluation Owner & Architect (limited. TBD) § 4.1.1.18 Facility support services Owner & Architect (limited. TBD) § 4.1.1.19 Tenant -related services Owner & Architect (limited. TBD) § 4.1.1.20 Architect's coordination of the Not Provided Owner's consultants -- --- _-- _ § 4.1.1.21 Telecommunications/data design Architect - --� -- -`- § 4.1.1.22 Security evaluation and planning hitect § 4.1.1.23 Commissioning Architect § 4.1.1.24 Sustainable Project Services pursuant to Not Provided Section 4.1.3 § 4.1.1.25 Fast -track design services Not Provided § 4.1.1.26 Multiple bid packages Not Provided _ § 4.1.1.27 Historic preservation Not Provided § 4.1.1.28 Furniture, furnishings, and equipment Owner & Architect design-- § 4.1.1.29 Architect GemultenteSports Planning and Operations Assistance § 4.1.1.30 Stakeholder & Public Engagement Owner & Architect § 4.1.1.3031 Other Supplemental Services TBD f-444 Owner to provide geotechnical reportsite survey and existing drawings of the Sterling Municipal Library. § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Additions and Deletions Report for ALA Document B101 — 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," 'American Institute of Architects,* 'AIA,' the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This 6 document was produced at 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 0713012026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) Service, the Sustainability Services required in AIA Document E204Tm-2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. PAGE 15 .3 Two (2 -) inspeetiens- )observations for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( 2 }iespeetieas- ) observations for any portion of the Work to determine final completion. § 4.2.5 If the services covered by this Agreement have not been completed within Six (36 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. The Owner Designat Mr. Garry Kraus. Graham Associates as the Owner's Representative. PAGE 16 FS!" I slau" § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. PAGE 17 § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is e the lowest bona fide bid or negotiated proposal, the Owner shall § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, with additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. PAGE 18 ¢-7-4 7.3.2 The Owner may use the Instruments of Service to assist with additional developments in the general area of the facility in accordance with Section 7.3. Approval for these types of uses will not be reasonably withheld by the Architect and the Architect's consultants. Additions and Deletions Report for AIA Document B101 — 2017. Copyright 0 1974,1978. 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects.' 'American Institute of Architects,' 'AIA,' the AIA Logo, and "AIA Contract Documents' am trademarks of The American Institute of Architects. This document was produced at 16:44:39 MST on 12/2312025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail dodnfo@aiar-ontracts.com. User Notes: (69406f8ca90537ecce20fbb6) § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 1 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination of this Agreement, except as specifically provided in Section 9.7. The parties agree that this mutual waiver includes but is not limited to damages incurred by either paty for loss of income, lost profit, �-financing costs loss of business or damage to reputation In any litigation arising under this Agreement the es an amounts of damages recoverable shall be subject to Texas Local Government Code, Chanter 271. Subchapter 1. §-8.2 Mediation PAGE 19 ARTICLE -0 TERMINATION OR ARTICLE 9 TERMINATION OR SUSPENSION PAGE 20 Additions and Deletions Report for AIA Document B101 — 2017. Copyright ® 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. `The American Institute of Architects," 'American Institute of Architects," "AIA," the ALA Logo. and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 8 document was produced at 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts com. User Notes: (69406f8ca9o537ecce20fbb6) § 10.1 This Agreement , FAIRRI d any and all claims, disputes, and matters of controversy conceming this Agreement shall be governed construed and interpreted by the law of the State of Texas, without regard for any of its conflict of law provisions In the event litigation is filed the parties agree that the exclusive and mandatory venue for any such litigation shall be in a court of competent jurisdiction located in Harris County, Texas. No provision of this Agreement is a waiver of any immunity or defense. No provision of this Agreement is a consent to suit. PAGE 21 AIRT § 10.10 The Architect agrees to publish milestone documents at the end of each phase for the purpose of estimating and/ or pricing. Other interim document sets are for design coordination and internal review only: publication of additional interim documents for the purpose of estimating/ pricing will be an additional service and require additional time. § 10.11 Latent Conditions. In the event the Project includes any remodeling, alteration, or rehabilitation work, the Owner acknowledges that certain design and technical decisions will be made on assumptions based on available documents and visual observations of existing conditions. § 10.12 179D Commercial Buildings Energy -Efficiency Tax Deduction. The 179D commercial buildings energy efficiency tax deduction primarily enables building owners to claim a tax deduction for installing_ qualifying systems in buildings. If the system or building is installed on federal, state, or local government property. the 179D tax deduction may be assigned by the Public Agency to the design team responsible for the design. The 179D tax deduction has been in effect since January 1, 2006, and is now a permanent program enacted as part of the Consolidated Appropriations Act of 2021. signed into law on December 27, 2020. Owner agrees to allocate tax deduction incentives under paragraph 179d of the Internal Revenue Code regarding the Energy Policy Act and energy savings to the Architect of Record, Barker Rinker Seacat Architecture. As a Public Agency, the potential deduction has no direct value to the City of Baytown as it does not pay federal income taxes. ARTICLE 11 COMPENSATION 1 143 § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: PAGE 22 § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as €ellswstshown on the attached fee schedule for pre -design. base services and selected additional services, attached hereto and incorporated herein as Exhibit A. .2 Long distance services, dedicated data and communication services, teleconferences, Project well- s#teswebsites, and extranets; Additions and Deletions Report for AIA Document B101 — 2017. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved "The American Institute of Architects "'American Institute of Architects,"'AIA,'the ALA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects This document was produced at 16,4439 MST on 1212312025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the ALA Contract Documents* Terms of Service. To report copyright violations e-mail docinfo@aiacontracts com User Notes: (69406f8ca90537ecce20fbb6) � 5-- I Out of town travel by specialty consultants that have an office in Harris or Chambers Counties can be allowed but only with authorization from the Owner. This is regarding specialty mechanical, electrical, plumbing, technology, commissioning and landscape design team members from ME Engineers and TBG Partners. 1� 1.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Tee percent (448 %) of the expenses incurred. PAGE 23 § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice: Amounts �mpaid Simy ( 60 ) days after- the invoise dmeshall beaF interest M thO FlAe eRteFed be!@%,, AF 41 IhA Pr-ifne* PWs Bile94 e 1�2-- Undisputed amounts shall be said within the time period required under Texas Government Code §2251.021. 611.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. that this limitation apply te any and all liability eF esu-we -Aff -AA0iA-AH ifti-NoVeYeF alleged eF mising, uniess etheFwise pf:ehibited by law. COTAr-Atp RFASPAsiRI;- It ag intendef by the ponies te this agfeeffle"t thal the Consultant's eet against emy of the Ge 121 Records Retention If Architect has not delivered all documents and records relating to this Project to the Owner Architect shall keep all accounting and project records on the Project after Final Completion of the Project for at least the number of years required by the Texas Record Retention laws. in order for Owner to comply with its records retention requirements per the Texas Government Code Chapter 441 Subchapter L and the Texas Library and Archives Commission's Schedule. 112.2 No Boycott of Israel Contractor certifies that it (and any of its affiliates or parent company) does not, and Will not. boycott Israel during the term of any contractual arrangement with Owner. For pose of this agreement. "boycott Israel" means refusing to deal with terminating business activities with. or otherwise taking any action that is intended to penalize inflict economic harm on or limit commercial relations specifically with Israel, or with a Additions and Deletions Report for AIA Document B 101 - 2017, Copyright m 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 10 document was produced at 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07130/2026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiaoDntracts.com. User Notes: (69406f8ca90537ecce20fbb6) person or entity doing business in Israel or in an Israeli -controlled territory. but does not include any action made for ordinary business purposes. 112.3 Prohibition of Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organizations Contractor certifies that it is not a company identified by the Texas Comptroller as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. PAGE 24 6 124 Prohibition of Contracts with Affiliates of Abortion Providers. In accordance with Texas Government Code, Chapter 2273 Owner is prohibited from entering into a contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not an "affiliate" of an abortion provider as that term is defined in Texas Govemment Code 2273.001(3). Contractor voluntarily and knowingly acknowledges and agrees that the contracts shall be null and void should facts arise leading the Owner to believe that the contractor was an affdiate of an abortion provider at the time ofprocurement. § 12.5 Prohibition of Contracts with Company that Discriminates Against Firearm and Ammunition Industries. In accordance with Chapter 2274 of the Texas Government Code, Owner is prohibited from entering into a contract with a value of over S 100,000 with a company that discriminates against firearm and ammunition industrites, as those terms are defined under the law. Contractor verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the relationship with Owner against a firearm entity or firearm trade association. Contractor voluntarily and knowingly acknowledges and agrees that contracts shall be null and void should facts arise leading the Owner to believe that the Contractor was or has become a company that discriminates against firearm and ammunition industries. § 12.6 Prohibition of Contracts with Company that Boycotts Certain Energy Companies. In accordance with Texas Government Code 2274 of the Texas Government Code, Owner is prohibited from entering into a contract with a value of over S 100,000 with a company that boycotts energy companies, as those terms are defined under the law, Contractor verifies that it (1) does not boycott energy companies (as defined by Texas Government Code 890.00 ft Additions and Deletions Report for AIA Document B101 — 2017. Copyright Z 1974, 1978, 1987, 1997. 2007 and 2017. All rights reserved. The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects This document was produced at 16:44.39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07!3072026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documentsa Terms of Service To report copyright violations e-mail docinf=iacontracts com. User Notes: (69406f8ca90537ecce20fbb6i and (2) will not boycott energy companies during the term of relationship with Owner. Contractor voluntarily and knowingly acknowledges and agrees that contracts shall be null and void should facts arise leading the Owner to bclieve that the Contractor was or has become a company that boycotts energy companies. § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. No failure to act by either Party ret —will be deemed to constitute a waiver of such Party's rights or remedies here under. If any part of this agreement is declared unenforceable or invalid. the remainder will continue to be valid and enforceable. § 13.2 This Agreement is comprised of the following documents identified below: ,2 AIA Document G203Tm-2022, BIM Execution Plan, dated as indicated below: [ X ] Other Exhibits incorporated into this Agreement: Variable Information PAGE 1 AGREEMENT made as of the Eighth day of January in the year Two Thousand Twenty -Six City of Baytown 2401 Market Street Baytown, TX 77522 Tel. 281.422.8281 Barker Rinker Seacat Architecture P.C. 990 South Broadway #222 Denver, CO 80209 Tel 303.455.1366 ExxonMobil Baytown Events Center and Sterling Municipal Library Renovation PAGE 2 New ExxonMobil Event Center Additions and Deletions Report for AIA Document B101 — 2017. Copyright® 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Archftects," "AIA," the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This 12 document was produced at 16:44:39 MST on 12/2312025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one- time use only. and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (69406f8ca90537ecce20fbb6) The proposed facility will host a wide variety of sports, including basketball, volleyball, pickleball, cheerleading, wrestling, dance, gymnastics, and more, positioning this facility as a premier destination for youth and adult tournaments. Beyond sporting events, this multiple -purpose venue will be able to accommodate concerts, family shows, meetings, exhibitions, consumer expos, and community events, offering a versatile space for a wide range of indoor activities. Sterling Municipal Library Renovation The proposed interior and exterior renovation of the Sterling Municipal Library envisions a state-of-the-art library, integrated with the ExxonMobil Baytown Events Center to form a cohesive campus destination. Area goals for each facility are stated in RFQ 25-0813. Final area for each facility will be determined based on alignment with the construction budget available for the project. § 1.1.2 The Project's physical characteristics: PAGE 3 The project site is located at the comer of Market Street, Texas Avenue and Decker Drive as shown in Exhibit D. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: The total project budget is $55,000,000 and the initial construction budget is $44,000,000 See attached Exhibit B. April 2027 December 2028 See attached Exhibit B. Construction Manager at Risk Gent' Kraus Graham Associates 600 Six Flags Dr Ste 500 Arlington, TX 76011 Tel: 214.663.2651 Brant Gary City of Baytown Additions and Deletions Report for AIA Document B101 — 2017. Copyright ® 1974, 1978, 1987. 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 3 document was produced at 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations. e-mail docinfo@aiaco ntracts - com . User Notes: (69406f8ca90537ecce20fbb6) 2401 Market Street, Baytown, Texas 77520 Tel: 281.420.6530 PAGE 4 § 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: None To be provided by Owner: To be provided by Owner: Craig Bouck Barker Rinker Seacat Architecture P.C. 990 South Broadway #222 Denver, CO 80209 Tel 303.455.1366 PAGE 5 JQ Infrastructure, LLC- Structural Engineering Stephen Lucy, PE 15810 Park Ten Place I Suite 225 1 Houston, TX 77084 (832) 856-8115 1 phone .2 Mechanical Engineer: ME Engineers Additions and Deletions Report for AIA Document 8101 — 2017, Copyright m 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects ,"American Institute of Architects," "AIA," the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects This 14 document was produced at 16:":39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07130/2026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (69406f8ca90537ecce20fbb6) Ed Hornfeck, PE 14143 Denver West Parkway, Suite 300, Golden CO 80401 303.421.6655 (phone) .3 Electrical Engineer: ME Engineers Wayne Pellerin 4550 Post Oak Place, Suite 305 Houston, TX 77027 713.621.8690 Library Consultant: PAGE 6 § 1.1.12 Other Initial Information on which the Agreement is based: 11.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. PAGE 7 § 2,5.1 Commercial General Liability with policy limits of not less than One Million Dollars(S 1,000,000 ) for each occurrence and Two Million Dollars (S 2,000,000 ) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Million Dollars (S 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. Additions and Deletions Report for AIA Document B101 — 2017. Copyright O 1974, 1978, 1987. 1997, 2007 and 2017. All rights reserved. 'The American Instihrte of Architects," `American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This 15 document was produced at 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfoftaiacontracts. com. User Notes: (69406f8ca90537ecce20fbb6) § 2.5.5 Employers' Liability with policy limits not less than One Million Dollars ($ 1,000,000 ) each accident, One Million Dollars ($ 1,000,000 ) each employee, and One Million Dollars ($ 1.000.000 ) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than One Million Dollars ($ 1,000,000 ) per claim and One Million Dollars ($ 1,000,000 ) in the aggregate. PAGE 14 Please refer to attached exhibits for additional information. PAGE 15 1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Thirty Six ( 36 ) visits to the site by the Architect during construction .3 Two ( 2 )observations for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( 2 ) observations for any portion of the Work to determine final completion. § 4.2.5 If the services covered by this Agreement have not been completed within Thirty Six ( 36 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. PAGE 19 [ X ] Litigation in a court of competent jurisdiction None None PAGE 21 See Exhibit A Architect will prepare a lump sum proposal or work will be done on an hourly basis per Architect's current hourly rates at the time of additional services. These rates change in January of every year. 2026 hourly rates are shown in Exhibit C. 111.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent ( %), or as follows: As mutually agreed by Owner and Architect in advance of services. PAGE 22 See attached Exhibit C. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus percent ( %) of the expenses incurred. Additions and Deletions Report for ALA Document B101 — 2017. Copyright m 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects,* American Institute of Architects' "AIA," the AIA Logo. and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 16 document was produced at 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail docinfo@aiscontracts.com. User Nobs: (69406f8ca90537ecce20fbb6) § 11.10.1.1 An initial payment of N/A ($ N/A ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. PAGE 23 111.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of N/A ($ N/A ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. 111.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. § 12.1 Records Retention. If Architect has not delivered all documents and records relating to this Project to the PAGE 24 (Insert the date of the G203-2022 incorporated into this agreement.) January 81b, 2026 Exhibit A — Fee Summary for Pre -Design, Base Services, and Selected Additional Services Exhibit B — Preliminary Project Schedule & Deliverables Exhibit C — Hourly Rates Exhibit D — Project Limits Additions and Deletions Report for AIA Document B101 — 2017. Copyright 01974, 1978, 1987. 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects,' 'American Institute of Architects,"AIA," the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This 17 document was produced at 16:44:39 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one- time use only, and may only be used in accordance with the AIA Contract Documents° Terns of Service. To report copyright violations, e-mail docinfo@aiacontracts com. User Notes: (69406f6ca90537ecce20fbb6) Certification of Document's Authenticity AIP Document D401 TM -2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached fmal document simultaneously with its associated Additions and Deletions Report and this certification at 16:44:39 MST on 12,/23I2025 under Order No. 20250149606 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA'I Document B101 T, - 2017, Standard Form of Agreement Between Owner and Architect, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 - 2003. Copyright ® 1992 and 2003. All rights reserved. 'The American Institute of Architects,- 'American Institute of Architects.' 'AIA.' the AlA Logo, and WA Contract Documents- are trademarks of The American Institute of Architects. This document was produced at 16:44:39 MST on 12/23/2025 under Order No.20250148606 which expires on 07/3012026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (69406f8ca90537ecce20fbb6) tit -. Document E202 - 2022 BIM Exhibit for Sharing Models with Project Participants, where Model Versions may not be enumerated as a Contract Document This Exhibit dated the Eighth day of January in the year Two Thousand Twenty -Six is incorporated into the agreement (the "Agreement") between the Parties for the ADDITIONS AND DELETIONS: following Project: The author of this document may (Name and location or address of the Project) have revised the text of the original AIA standard form. An Additions 2025.085 - Baytown Events Center and Library Renovation and Deletions Report that notes Baytown, TX revisions to the standard form text is available from the author and TABLE OF ARTICLES should be reviewed. A vertical line in the left margin of this document 1 GENERAL PROVISIONS indicates where the author has added to or deleted from the 2 MODEL USES. SHARING. AND RELIANCE original AIA text. This document has important legal 3 BIM EXECUTION PLAN consequences. Consultation with an attorney is encouraged with 4 LEVELS OF DEVELOPMENT respect to its completion or modification. 5 NOWBIM DIGITAL DATA This document is intended to be 6 OWNERSHIP, SHARING, AND SECURITY OF DIGITAL DATA incorporated into an agreement between the Parties. 7 INSURANCE FOR BIM AND DIGITAL DATA RISKS 8 OTHER TERMS AND CONDITIONS ARTICLE 1 GENERAL PROVISIONS § 1.1 This Exhibit establishes the terms and protocols governing reliance upon, and the ownership, development, uses, transmission, and sharing of, Building Information Models and other Digital Data for the Project. § 1.2 Definitions § 1.2.1 Agreement. Agreement is the agreement into which this Exhibit is incorporated. § 1.2.2 BIM Execution Plan. A BIM Execution Plan is a written plan detailing the development and use of, and protocols related to. Project Models and setting forth each of the Project Participants' responsibilities related thereto. § 1.2.3 Building Information Model or Model. A Building Information Model (BIM), or Model is a digital representation of the Project or a subset of the Project. A Model is a collection of one or more Model Portions, each of which is an assemblage of Model Elements. § 1.2.3.1 Model Portion or Portion. A Model Portion, or Portion, is a subset of a Model as designated in Table 2.4 of this Exhibit. The Parties may designate a Model Portion by discipline, trade, area, location, phase, or other mutually agreeable distinction. § 1.2.3.2 Model Author or Author. A Model Author, or Author, is the Project Participant responsible for developing a Model Portion. AIA Document E202 - 2022. Copyright ® 2022. All rights reserved. "The American Institute of Architects,' "American Institute of Architects,' 'AIA,' the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16*20:12 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07130/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service To report copyright violations, e-mail docinfp@aiacontracts.com. (694b20f8737d8183agb7a4c3) User Notes: § 1.2.3.3 Model Version or Version. A Model Version, or Version, is a specific edition of a Model or Model Portion that is sufficiently identifiable as unique and unchanged as of the time it is saved by its Author. § 1.2.3.4 Model Element. A Model Element is a digital representation of a component, system, object, or assembly within a Model § 1.2.3.5 Modeling. Modeling is the process used to create a Model. § 11.3.6 Non -Graphic Information. Non -Graphic Information is any information other than the physical geometry associated with, or attached to, a Model Element. Examples of Non -Graphic Information include equipment or product manufacturer, maintenance schedule, cost per square foot, tonnage of HVAC, etc. § 1.2.4 Confidential Digital Data. Unless otherwise stated in the Agreement, Confidential Digital Data is Digital Data containing confidential or business proprietary information that the transmitting party designates as "confidential." § 1.2.5 Contract Document. The term Contract Document shall have the same meaning as in the agreement between the owner and contractor for the construction of the Project. § 1.2.6 Digital Data. Digital Data is information created or stored for the Project in digital form. § 1.2.7 Level of Development. The Level of Development (LOD) establishes the minimum dimensional, spatial, quantitative, and qualitative aspects of a Model Element, and the degree to which Project Participants may rely upon the Model Element when developed to that level in the Model. The Levels of Development are described in Article 4. § 1.2.8 Party and Parties. Party and Parties are the signing parties to the Agreement. § 1.2.9 Project Participant. A Project Participant is the owner of, and any entity or individual providing services or work on, the Project. § 1.3 The Parties agree to incorporate this Exhibit, executed as of the day and year first written above, into their agreements with any other Project Participants that may develop or use Digital Data on the Project. A Party may require any Project Participant to confirm that it has incorporated this Exhibit into its agreement for the Project. § 1.3.1 The Parties agree that each Project Participant developing or utilizing Digital Data on the Project is an intended third -party beneficiary of the Section 1.3 obligation to incorporate this Exhibit into agreements with other Project Participants and, therefore, is entitled to assert any rights and defenses associated with that obligation. This Exhibit shall not be construed to create a contractual relationship of any kind between Project Participants who are not otherwise in contractual privity, nor does it create any third -party beneficiary rights other than those expressly identified in this Section 1.3.1. ARTICLE 2 MODEL USES, SHARING, AND RELIANCE § 2.1 General. Project Participants may share, use, and rely upon a Model or Model Portion only to the extent set forth in Articles 2 and 3. § 2.2 Model Uses § 21.1 The Project Participants shall develop Models on the Project for the following uses: (Check all of the boxes for Model Uses that may apply on the Project and describe the selected uses.) [ X ] § 2.2.1.1 Planning (Examples include programming, site analysis, energy analysis, scheduling, cost and quantity estimating, and documentation of existing conditions): [ X ] § 2.2.1.2 Design (Examples include design authoring, design review, 3D coordination, structural analysis, lighting analysis, energy analysis, site utilization, and engineering analysis): § 2.2.1.3 Construction Management (Examples include preeonstruction activities, scheduling, cost estimating, value engineering, and constructability): ALA Document E202 — 2022. Copyright ®2022. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," 'ALA." the AIA Logo, and *AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:20:12 MST on 12/2312025 under Subscription No.20250148606 which expires on 07130/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (690201`8737d6163aWa4c3) By (AJAR [ ] § 2.2A.4 Construction (Examples include construction system design, procurement, fabrication, 3D control and planning, and record modeling): R% CMAR [ j § 2.2.1.5 Post Construction (Examples include building system maintenance, building system analysis, asset management, space management and tracking, disaster planning, and record modeling): [ ] § 2.2.1.6 Other: § 2.2.2 No Model Portion shall be relied upon for a use not listed or described in Section 2.2.1 above. 12.3 Model Sharing. The Parties agree to implement the Sharing Tier ("Tier") designated in Table 2.4 for each Model Portion. The Tiers referenced in Table 2.4 are defined in Sections 2.3.1 through 2.3.2. § 2.3A Tier One - Limited Authorized Sharing: A Model Portion designated as Tier One may be shared by its Author with other Project Participants. However, unless otherwise authorized in writing by the Model Author, any Project Participant's use of, or reliance upon, a Model Portion designated as Tier One shall be at the Project Participant's sole risk. The Parties agree that no Version of a Model Portion designated as Tier One shall be enumerated as a Contract Document. § 2.3.2 Tier Two - Prescriptive Sharing with All Project Participants: Subject to the reliance and authorization provisions of Section 2.5, the Parties agree that a Model Portion designated as Tier Two may be shared among all Project Participants. The Parties agree that no Version of a Model Portion designated as Tier Two shall be enumerated as a Contract Document. § 2.4 Sharing Tier Table. The Parties agree to the following Sharing Tiers for the Model Portions designated in the table below. Model Portion Model Author Sharin p TierTier Tier One I Two (List each Model Portion, designated by discipline, trade, area, location, phase, or other description (List the Model Author for each Model Portion) (Designate a single Sharing Tier for each Model Portion) Architecture/Interiors BRS x Structural & Civil JQ Infrastructure x MEP ME Engineers x TBG Partners x § 2.4.1 Default Sharing Protocols § 2.4.1.1 The Parties agree that any portion of a Model not included in Table 2.4, or any Model Portion that is not designated with a Sharing Tier, shall be Tier One. § 2.4.1.2 The Parties agree that there shall be no reliance on a Portion until a Version is issued pursuant to Section 2.5. The Parties further agree that, prior to the development of a BIM Execution Plan, the Sharing Tier for any Model Portion shall be Tier One. § 2.4.2 Changing or Replacing a Model Version § 2.4.2.1 Only a single Version of a Model Portion may be authorized for reliance. Model Authors may update their Model Portions by issuing an updated Version pursuant to Section 2.5. ALA Document E202 — 2022. Copyright 0 2022. All rights reserved. "The American Institute of Architects,' "American Institute of Architects,' 'AIA," the AIA Logo, and *AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 1620:12 MST on 12/23/2025 under 3 Subscript)on No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentss Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. (694b2pf87370183agb7a4c3) User Nobs: § 2.5 Model Reliance § 2.5.1 A Project Participant may only rely on Models, Model Portions, and Model Elements as indicated in this Section 2.5. The Parties agree that the extent of their reliance on any Model Version shall be limited to the uses identified in Section 2.2 and in accordance with the BIM Execution Plan, which shall identify authorized reliance on Model Elements. Any reliance on a Model Version not in accordance with this Exhibit and the BIM Execution Plan shall be at the Project Participant's sole risk. § 2.5.2 Issuing Model Versions. The Project Participants shall establish in the BIM Execution Plan the form or method that the Author(s) shall use to identify a Version of its Portion at the time of issuance, whether issued at a Designated Delivery Milestone as set forth in Section 2.5.3 or as an Interim Deliverable as set forth in Section 2.5.4. § 2.5.3 Reliance on Model Versions at Designated Delivery Milestones. The Project Participants shall set forth Designated Delivery Milestones in the BIM Execution Plan for Model Versions, either through a Model Element Table or another method. For each Designated Delivery Milestone the Project Participants will indicate the authorized reliance for each Model Element at that Designated Delivery Milestone, through the use of LOD designations or some other method. Each Author shall identify the Designated Delivery Milestone for which their Version is being issued. Project Participants shall rely on a Model Version issued at a Designated Delivery Milestone only to the extent of the authorized reliance identified in the BIM Execution Plan for that Designated Delivery Milestone. § 2.5.4 Reliance on Model Versions at Interim Deliverables. The Parties may agree in writing to permit Interim Deliverables not identified in the BIM Execution Plan for Model Versions. Each Author shall describe the extent of authorized reliance on its Interim Deliverable. Project Participants shall rely on a Model Version issued as an Interim Deliverable only to the extent authorized by the Model Author. § 2.6 Model Coordination. If Project Participants discover or become aware of any discrepancies, inconsistencies, errors, or omissions in any Model Version, they shall promptly report the discrepancy, inconsistency, error, or omission in writing to the Author and the Architect. ARTICLE 3 BIM EXECUTION PLAN § 3.1 The Parties agree that a BIM Execution Plan is required for the Project and further agree to adhere to the BIM Execution Plan. Unless otherwise stated below, the Architect shall be responsible for preparing and updating the BIM Execution Plan in collaboration with the other Project Participants: (Identify the Project Participant who will be responsible for preparing and updating the BIM Execution Plan, if other than the Architect. If different Project Participants will be responsible for updating the BIM Execution Plan at different Project milestones, then so state.) § 3.2 The following BIM Execution Plan shall be used for the Project: (Select one.) [ ] AIA Document G203TM-2022 BIM Execution Plan, with G204TK-2022 Model Element Table [ ] AIA Document G203TM-2022 BIM Execution Plan, with a custom model element table [ X J Other, in accordance with Section 3.2.1 below: (Identify and describe the BIM Execution Plan and model element table, if applicable, to be used.) AIA Document G203-2022 BIM Execution Plan, with AIA Document G205Tm-2022, Abbreviated Model Element Table 1321 If the Parties select Other in Section 3.2, then, at a minimum, the BIM Execution Plan shall contain the information set forth in this Section 3.2.1: .1 BIM -specific information, including a detailed schedule for Model development, and a list of relevant Project Participants' contact information and discipline; .2 Designated Delivery Milestones; .3 Software requirements and file exchange protocols, including software version(s) to be used for Modeling, updating policies, if any, tools to be used for collaboration or file sharing, and frequency for file sharing; AIA Document E202 — 2022. Copyright ® 2022. All rights reserved. "The American Institute of Architects,' 'American Institute of Architects,' 'AIA," the AIA Logo. and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:20:12 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026. is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (694b20f8737d8183a967a4c3) .4 Data storage, backup, and security measures in addition to those set forth in this Exhibit; .5 Modeling protocols, including project coordinates, Model data subdivisions, common data fields, phasing, sheets, design options, non -modeled elements, and file naming conventions and standards; .6 Model management protocols including (1) defining roles, responsibilities, and collaboration and execution processes, (2) identifying meeting types and frequency, and (3) indicating quality control measures, including checks for interference, standards, and Model integrity; .7 Designation of the LOD of Model Elements, which can be accomplished by using a completed Model Element table; .8 Authorization forms for Model reliance; .9 Identification of Models; and .10 Other: (Include other mandatory items to be included in the BIM Execution Plan.) § 3.3 The Project Participant identified in Section 3.1 as responsible for preparing the BIM Execution Plan shall prepare and submit the BIM Execution Plan to the other Project Participants as soon as practicable after the date of this Exhibit and when new Project Participants are added to the Project. § 3.4 Upon receipt of the BIM Execution Plan, all Project Participants shall promptly review the BIM Execution Plan for the purpose of (1) providing notice of any objections thereto to the Project Participant responsible for preparing the BIM Execution Plan and (2) providing notice as set forth in Section 3.6. § 3.5 If a Party believes that protocols established in the BIM Execution Plan will result in a change in the Party's scope of work or services warranting an adjustment in compensation, contract sum, schedule, or contract time, the Party shall notify the other Party. Failure to provide notice as required in Section 3.6 shall result in a Parry's waiver of any claims for adjustments in compensation, contract sum, schedule, or contract time as a result of the established protocols. § 3.5.1 Upon such notice, the Parties shall discuss and negotiate revisions to the protocols or discuss and negotiate any adjustment in compensation, contract sum, schedule, or contract time in accordance with the terms of the Agreement. 13.6 Notice required under Sections 3.4 and 3.5 shall be provided within thirty days of receipt of the BIM Execution Plan, unless otherwise indicated below: (If the Parties require a notice period other than thirty days from receipt of the BIM Execution Plan, indicate the notice period below.) § 3.7 The Project Participants may agree to update the BIM Execution Plan as appropriate, including when new Project Participants are added to the Project. Updates shall be prepared in accordance with the process outlined in this Article 3. § 3.8 The Parties agree that Model Element Levels of Development set forth in the BIM Execution Plan for Project Milestone Deliverables shall be consistent with the Model Uses identified in Section 2.2. ARTICLE 4 LEVELS OF DEVELOPMENT § 4.1 Level of Development Descriptions. Fhe LOD descriptions included in Section 4.2 through Section 4.6 below shall be used in the BIM Execution Plan to identify the minimum required characteristics for each Model Element at progressively developed levels. Other Project Participants may only rely on a Model Element consistent with the minimum required characteristics for the designated LOD. § 4.1.1 Non -Graphic Information. Non -Graphic Information may be attached to a Model Element. If Non -Graphic Information has a different degree of reliance than the Model Element to which it is attached, then the Model Author shall indicate the difference in the Model Element Table or elsewhere in the BIM Execution Plan. § 4.2 LOD 100. The Model Element may be graphically represented in the Model with a symbol or other generic representation, but does not satisfy the requirements for LOD 200. Information related to the Model Element (e.g., cost per square foot, tonnage of HVAC, etc.) can be derived from other Model Elements. § 4.3 LOD 200. The Model Element is generically and graphically represented within the Model with approximate quantity, size, shape, location, and orientation. AIA Document E202 — 2022, Copyright ® 2022. All rights reserved. 'The Amencan Institute of Architects,' 'American Institute of Architects,- -AIA, Me AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:20:12 MST on 12123/2025 under 5 Subscription No.20250148606 which expires on 07/3012026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.com. (694b20f8737d8183a967a4c3) User Nobs: § 4.4 LOD 300. The Model Element, as designed, is graphically represented within the Model such that its quantity, size, shape, location, and orientation can be measured. § 4.4.1 LOD 350. The Model Element, as designed, is graphically represented within the Model such that its quantity, size, shape, location, orientation, and interfaces with adjacent or dependent Model Elements can be measured. § 4.5 LOD 400. The Model Element is graphically represented within the Model with detail sufficient for fabrication, assembly, and installation. 14.6 LOD 500. The Model Element is a graphic representation of an existing or as -constructed condition developed through a combination of observation, field verification, or interpolation. The level of accuracy shall be noted or attached to the Model Element. ARTICLES NON -BIM DIGITAL DATA 15.1 For the creation, storage, management, archiving, and sharing of Digital Data other than Models, the Project Participants will each use their own protocols, except as noted below or as set forth in Article 6: (If the Parties intend to follow joint protocols for the creation, storage, management, archiving, and sharing of Digital Data other than Models, then describe those joint protocols below.) § 5.1.1 If the Project Participants follow joint protocols for the creation, storage, management, archiving, and sharing of Digital Data as identified in Section 5.1, then the Project Participant responsible for Model management shall also compile an archive of Digital Data other than Models at the end of each Designated Delivery Milestone and shall preserve it without alteration. Each Project Participant shall be provided with an archive of all common Project data to which they had access during the Project at the conclusion of the Project or when they are no longer performing work or services related to the Project, whichever is earlier. ARTICLE 6 OWNERSHIP, SHARING, AND SECURITY OF DIGITAL DATA § 6.1 Where a provision in this Article 6 conflicts with a provision in the Agreement into which this Exhibit is incorporated, the provision in the Agreement shall prevail. § 6.2 The transmission of Digital Data constitutes a warranty by the Party transmitting Digital Data to the Party receiving Digital Data that the transmitting Party is the copyright owner of the Digital Data, or otherwise has percussion to transmit the Digital Data for its use on the Project. § 6.3 If a Party transmits Confidential Digital Data, the transmission of such Confidential Digital Data constitutes a warranty to the Party receiving such Confidential Digital Data that the transmitting Party is authorized to transmit the Confidential Digital Data. If a Party receives Confidential Digital Data, the receiving Party shall keep the Confidential Digital Data strictly confidential and shall not disclose it to any other person or entity except as set forth in Section 6.3.1. § 6.3.1 The receiving Party may disclose Confidential Digital Data after seven (7) days' notice to the transmitting Party, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The receiving Party may also disclose Confidential Digital Data to its employees, consultants, sureties, subcontractors, and their employees, sub -subcontractors and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. § 6.4 By transmitting Digital Data, the transmitting Party does not convey any ownership right in the Digital Data or in the software used to generate the Digital Data. Unless otherwise granted in a separate license, the receiving Parry's right to use, modify, or further transmit Digital Data is specifically limited to designing, constructing, using, maintaining, altering, and adding to the Project consistent with the terms of this Exhibit, and nothing contained in this Exhibit conveys any other right to use the Digital Data. 16.5 The Project Participant responsible for Model management shall compile an archive of all Models at the end of each Designated Delivery Milestone and shall preserve them without alteration. Each Project Participant shall be provided with an archive of all common BIM Project data to which they had access during the Project at the conclusion of the Project or when they are no longer performing work or services related to the Project, whichever is earlier. § 6.6 Data Security. The Parties agree to the following data security measures: AIA Document E202 — 2022. Copyright ® 2022. All rights reserved. ?he American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo. and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:20:12 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07130/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (694b20f8737d8183a967a4c3) (Identify data security measures appropriate for the Project.) 16.7 Except as otherwise stated in this Exhibit, the provisions of this Article 6 shall survive the termination of the Agreement. ARTICLE 7 INSURANCE FOR BIM AND DIGITAL DATA RISKS § 7.1 In addition to those insurance requirements set forth in the Agreement, all Project Participants developing or using Models or Digital Data shall purchase and maintain the following insurance coverages: (List below any insurance coverage to be provided by all, or certain, Project Participants developing or using Models or Digital Data.) Coverage Limits ARTICLE 8 OTHER TERMS AND CONDITIONS § 8.1 Other terms and conditions that modify this Exhibit, if any, are as follows: 18.2 This Exhibit is comprised of the following documents: .1 AIA Document E202Tm-2022 BIM Exhibit for Sharing Models with Project Participants, Where Model Versions May Not be Enumerated as a Contract Document; .2 Other documents, if any, listed below: AIA Document E202 - 2022. Copyright ® 2022. All rights reserved. 'The American Institute of Architects,' 'American Institute of Architects,'AIA,' the AIA logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:20:12 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026. is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service To report copyright violations, e-mail docinfo@aiacontracts.com. User Nobs: (694b20f8737d8183agb7a4c3) Additions and Deletions Report for AIAe Document E202rm — 2022 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:20:12 MST on 12/23/2025. Changes to original AIA text PAGE 3 Model Portion Model Author Sharin Tier Tier One Tier Two (List each Model Portion, desi designated b , discipline, trade, g ) p area, location, phase, or other description) (List the Model Author for each ;Model Portion) (Designate a single Sharing Tier for each Model Portion) Architecture'Interiors BRS x Structural & Civil JO Infrastructure x MEP ME Engineers x TBG Partners x Variable Information PAGE 1 This Exhibit dated the Eighth day of January in the year Two Thousand Twenty -Six is incorporated into the agreement (the "Agreement') between the Parties for the following Project: (Name and location or address or the Project) 2025.085 - Baytown Events Center and Library Renovation Baytown, TX PAGE 2 [ X) § 2.2.1.1 Planning (Examples include programming, site analysis, energy analysis, scheduling, cost and quantity estimating, and documentation of existing conditions): [ X ] § 2.2.1.2 Design (Examples include design authoring, design review, 3D coordination, structural analysis, lighting analysis, energy analysis, site utilization, and engineering analysis): PAGE 3 Additions and Deletions Report for AIA Document E202 - 2022 Copyright © 2022. All rights reserved. 'The American Institute of Architects," 'American Institute of Architects,' 'AIA," the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 16:20:12 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service To report copyright violations. e-mail docinfo@aiacontracts.com. User Notes: (694b20f8737d8183a967a4c3) By CMAR By CMAR PAGE 4 [ ] AIA Document G203TM-2022 BIM Execution Plan, with G204Tm -2022 Model Element Table [ ] AIA Document G203TM-2022 BIM Execution Plan, with a custom model element table [ X ] Other, in accordance with Section 3.2.1 below: (Identify and describe the BIM Execution Plan and model element table, if applicable, to be used.) AIA Document G203-2022 BIM Execution Plan with AIA Document G205Tm-2022, Abbreviated Model Element Table Additions and Deletions Report for AIA Document E202 — 2022. Copyright ® 2022. All rights reserved. 'The American Institute of Architects," 'American Institute of Architects,' 'AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at Z 16:20:12 MST on 12123/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (694b20f8737d8183a967a4c3) Certification of Document's Authenticity AIA'- Document D40111' — 2003 I, Craig Bouck, hereby certify, to the best of my lmowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:20:12 MST on 12/23/2025 under Order No. 20250148606 from ALA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document E202Tm - 2022, BIM Exhibit for Sharing Models with Project Participants, where Model Versions may not be enumerated as a Contract Document, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 - 2003. Copyright ® 1992 and 2003. All rights reserved. `The American Institute of Architects," 'American Institute of Architects,' 'AIA," the AIA Logo and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 16:20:12 MST on 12/23/2025 under Order No.20250148606 which expires on 07/3012026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contrail Documentsg Terms of Service. To report copyright violations, e-mail docinfo(daiacontracts.com. User Nobs: (694b20f8737d8183a967a4c3) TM == Document G203 - 2022 BIM Execution Plan BIM EXECUTION PLAN VERSION NUMBER: DATE: January 81. 2026 PROJECT NAME: ADDITIONS AND DELETIONS: The author of this document may (Name and location or address of'the Project) have revised the text of the original 2025.085 - Baytown Events Center and Library Renovation AIA standard form. An Additions and Deletions Report that notes Baytown. TX revisions to the standard form text is available from the author and PROJECT OWNER: should be reviewed. A vertical line (name and address) in the left margin of this document indicates where the author has Brant Gary added to or deleted from the City of Baytown original AIA text. 2401 Market Street Baytown, TX 77522 This document has important legal Tel. 281.422.8281 consequences. Consultation with an attorney is encouraged with respect to its completion or EXHIBIT NAME: modification. (Identify, by date and full title, the BIM and Digital Data Exhibit for the Project (the This document is intended to be "Exhibit')) incorporated into an agreement between the Parties. BIM Execution Plan INTENDED GOALS FOR MODELS ON THE PROJECT: (Summarize the intended goals jbr Model documentation, process, and work)low.) The Parties shall utilize Building Information Modeling on the Project for the sole purpose of fulfilling the obligations set forth in the Agreement without an expectation that the Model will be relied upon by the other Project Participants. AIA Document G203 — 2022. Copyright ® 2022. All rights reserved. "The American Institute of Architects," 'American Institute of Architects," 'AIA," the AIA Logo. and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:40:54 MST on 12/23/2025 under Subscription No.20250146606 which expires on 0713012026. is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (694091ca316a919af5bc3009) TABLE OF ARTICLES 1 PROJECT INFORMATION 2 DESIGNATED DELIVERY MILESTONES FOR MODEL VERSIONS 3 SOFTWARE REQUIREMENTS AND FILE EXCHANGE PROTOCOL 4 DATA SECURITY MEASURES 5 MODELING PROTOCOLS 6 MODEL MANAGEMENT PROTOCOLS 7 LEVELS OF DEVELOPMENT 8 RELIANCE AUTHORIZATION PROTOCOLS FOR INTERIM DELIVERABLES 9 IDENTIFICATION OF MODELS 10 OTHER BIM OR MODELING PROVISIONS 11 EXHIBITS AND ATTACHMENTS The terms used in this BIM Execution Plan have the same meaning as those in the Exhibit. This BIM Execution Plan may be updated, as appropriate, in accordance with the terms of the Exhibit. ARTICLE 1 PROJECT INFORMATION § 1.1 Project Participants Directory (Identify all Project Participants developing or using Models, their discipline or trade, and contact information for their key representatives) Project Participant (Firm or company name) Discipline or Trade Contact Name (Insert individual name and Project role or title Contact Information (Insert phone number, email address, and other contact information BRS Architecture Architecture Craig Bouck, craigbouck 1brsarch.com Partner JQ Infrastructure ME Engineers Structural/Civil Mechanical/Electrical/Plumbing Stephen Lucy, PE Ed Homfeck, PE steve.h.lucy(a imegcorp com ed.hornfeckna e-engineers.com Margaret Sullivan Studio Interior Design Margaret Sullivan margaretna�argaretsullivanllc.com TBG Partners Landscape Architecture Jodi House jodi.house(@tbgpartners.com Food Service Design Food Service Melissa Moore mmoore@fdp.org Professionals § 1.2 Project Schedule (Insert or attach the Project schedule, including a detailed schedule for Model development. If appropriate, include the schedule's version or date.) See Exhibit B. § 1.3 Existing Data AIA Document G203 - 2022. Copyright ® 2022. All rights reserved. 'The Amencan Institute of Architects," 'American Institute of Architects,' "AIA,' the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16 40:54 MST on 12/23/2025 under Z Subscription No.20250148606 which expires on 0713012026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (694091ca316a919af5bc3009) (Describe any existing survey files, as -built files, documents, or BIM content. Include any license or usage restrictions) As indicated in Prime Agreement. ARTICLE 2 DESIGNATED DELIVERY MILESTONES FOR MODEL VERSIONS Designated Delivery Milestones for Model Versions (Insert or attach the delivery schedule, identifying Designated Delivery Milestones for Model Versions. State whether a Model Element Table will be included for this purpose as set forth in Article 7.) As indicated in AIA-G205 ARTICLE 3 SOFTWARE REQUIREMENTS AND FILE EXCHANGE PROTOCOL § 3.1 Modeling Software (Indicate software and version(s) to be used for modeling and any other necessary information) Software Version _ Other Information Autodesk Revit 2026 § 3.1.1 Modeling Software Updates. All Project Participants agree to coordinate software updates prior to making any Model file upgrades. § 3.2 Other Software Tools (Indicate other software tools to be used to interface with Models, such as for analysis, coordination, quality management, etc. Include version and update restrictions, if any.) Autodesk AutoCAD, Enscape, Lutnion, etc. § 3.3 File Exchange Protocols § 3.3.1 The Project Participants agree to share their respective Model Portion updates as follows: (Check the appropriate box.) [ X ] § 3.3.1.1 Cloud -Based Collaboration. The Project Participants agree to use a cloud -based Modeling software platform for developing and sharing Models as follows: (Indicate software, licensing, and other requirements for hosting the Project. Identify the Project Participant responsible for hosting the Project. Indicate the frequency for Model updates, such as daily, identifying the time of day.) BRS Architecture [ ] § 3.3.11 Separate Model Collaboration. The Project Participants agree to use file sharing of separately developed Models, and shall develop and share their Model Portions as follows: (Indicate the requirements for preparation of the Model Portion before it is transmitted, including how to handle links and exclusions of links, auditing, and compacting. Indicate the means of transmission, if appropriate. Indicate the frequency of file exchange for Model updates, such as at milestones, or weekly, identifying the day of the week.) [ ] § 3.3.1.3 Other: (Sped the type of Model collaboration, which may include a hybrid of cloud -based and separate Model development.) § 3.4 Collaboration Protocols. The Project Participants' protocols for the collaborative use of Models, if any, including communication protocols, method of decision tracking, and co -location requirements are as follows: AIA Document G203 — 2022. Copyright ® 2022, All rights reserved. 'The American Institute of Architects," 'American Institute of Architects," 'AIA; the AIA logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:40:54 MST on 12/23/2025 under 3 Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (694091ca316a919af5bc3009) § 3.4.1 Training and Support Parameters. The parameters for any training or support program(s) that will be implemented with respect to any collaboration protocols or technical requirements are as follows: § 3.4.2 Training and Support Costs. The Project Participants are each responsible for their respective software training and support, and associated costs, unless set forth below: (Identify required software to be used on the Project and for which the Project Participants will be compensated for training and support, and state how the Project Participants will be compensated.) ARTICLE 4 DATA SECURITY MEASURES Data Security Measures. In addition to those data security measures identified in the Exhibit, the Project Participants agree to implement the following data security protocols: (Indicate data security measures, such as data storage, backup, and security measures, to be implemented by all Project Participants) ARTICLE 5 MODELING PROTOCOLS § 5.1 Project Coordinates. Project coordinates, including Project north, true north angle, and physical horizontal and vertical location in real space, are set forth below. Project coordinates will not be changed without prior agreement from all Project Participants. (Indicate the Project coordinates, which can be described in writing, represented graphically, or both) TBD § 5.2 Model Data Subdivisions. Model Authors agree to reasonably minimize the subdivision of their Model Portion(s). Any changes to subdivided Model Portions shall be communicated to all Project Participants. § 5.3 Common Data Fields (Indicate common data fields intended to be shared for sheet indices and Model coordination) TBD 15.4 Construction Phasing. If the Project will be constructed in separate phases, then indicate the phases below. The Project Participants agree that Model phases will be consistent across all Models. If additional phases, or modifications to phases indicated below, are required, then all Project Participants agree to use any new or modified phases. (Indicate the phases for the Project, such as when the Project includes existing buildings.) N/A 15.5 Sheets (Indicate the standard format(s) for 2D output(s), such as sheet sizes for the Project, title block format, and requirements to name, number, and identify deliverables.) TBD 15.6 Design Options (Indicate any protocols for addressing or exploring design options.) TBD § 5.7 File Naming Conventions AIA Document G203 — 2022. Copyright C 2022. All rights reserved. "The American Institute of Architects," 'American Institute of Architects,' 'AIA,' the AIA Logo, and *AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:40:54 MST on 12/23/2025 under 4 Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (694091ca316a919af5bc3009) (Indicate protocols for naming each type of file) § 5.8 Modeling Standards (Indicate standards to be used by the Project Participants, or attach and identify a separate document.) ARTICLE 6 MODEL MANAGEMENT PROTOCOLS § 6.1 Responsibility (Dejine individual roles and responsibilities for Model management.) BRS Architecture 16.2 Meetings (Indicate meeting types, the stage or phase within which the meeting occurs, and the meeting frequency.) Meeting Type Project Stages or Phases Frequency Coordination SD, DD, CD TBD § 6.3 Quality Control and Model Health. § 6.3.1 Internal Quality Control. Each Project Participant is responsible for producing quality Model Portions that can be used and opened effectively by all other Project Participants. Project Participants will perform checks on their respective Model Portions pursuant to Section 6.3.1.1. § 6.3.1.1 Model Checking. The following checks should be performed by each Model Author to assure Model quality: (Describe each quality control measure to be implemented throughout the development of Model Portions.) [ X ] § 6.3.1.1.1 Visual Check. Perform a visual check to confirm that there are no unintended Model components and confirm design intent has been followed: (Indicate the frequency with which Visual Checks will be performed and modify the description if required.) [ X ] § 6.3.1.1.2 Interference Check. Detect problems within individual Model Portions and with the interface between Model Portions where two building components clash, including where required clearances clash: (Indicate the frequency with which Interference Checks will be performed and modify the description if required.) ( X ] § 6.3.1.1.3 Modeling Protocols Check. Confirm that the protocols reflected in Article 5 of this BIM Execution Plan have been followed: (Indicate the frequency with which Modeling Protocols Checks will be performed and modify the description if required.) [ X ] § 6.3A.1.4 Model Integrity Check. Check for items that affect the integrity of each Model Portion, such as corrupted Models, duplicated Model Elements, software warnings, Models with overly large file sizes, etc.: (Indicate the frequency with which Model Integrity Checks will be performed and modify the description if required.) AIA Document G203 — 2022. Copyright ® 2022- All rights reserved. 'The American Institute of Architects,' 'American Institute of Architects,' 'AIA," the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:40:54 MST on 12/23/2025 under 5 Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only. and may only be used in accordance with the AIA Contract Documents• Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (694091ca316a919af5bc3009) [ ] § 6.3.1.1.5 Other: § 6.3.2 External Quality Control. Upon receipt of another Project Participant's Model Portion, Project Participants shall report to the Model Author any Model quality issues discovered. Model Authors shall promptly resolve reported Model quality issues and issue a new Version of the Model Portion. ARTICLE 7 LEVELS OF DEVELOPMENT § 7.1 Level of Development Descriptions. The Level of Development (LOD) descriptions shall be as set forth in the Exhibit. 17.2 The Project Participants intend to identify the LOD for Model Elements at Designated Delivery Milestones as follows: (Check the appropriate box.) [ X ] AIA Document G205TK-2022, Abbreviated Model Element Table [ ] AIA Document G204T"t--2022, Model Element Table [ ] Describe the LOD to be applied to Model Elements as follows: (Describe how the LOD will be applied to Model Elements. Itemize by discipline or trade as appropriate. If the Project Participants will use a custom model element table, then identify that model element table.) § 7.3 Level of Accuracy. The level(s) of accuracy used for Model Elements indicated as LOD 500 shall be as follows: (Describe a single level or multiple levels of accuracy that will be applied to LOD 500 Model Elements) N/A ARTICLE 8 RELIANCE AUTHORIZATION PROTOCOLS FOR INTERIM DELIVERABLES For Interim Deliverables, Model Authors will authorize or limit reliance on Model Versions of their respective Model Portions as follows: (Define the means of authorization, whether described within the Model Version or in a separate document, or both. If appropriate, attach the authorization text orform as an exhibit.) N/A ARTICLE 9 IDENTIFICATION OF MODELS § 9.1 Identification of Model Versions Enumerated as a Contract Document (Describe how the Project Participants will identify a Model Version enumerated as a Contract Document, if any, such as by file name, by Model Author, through the use of a Model Element Table, or other method.) N/A § 9.2Identification of Models or Model Portions not Enumerated as a Contract Document (Describe how the Project Participants will identify a Model or Model Portions that are not enumerated as a Contract Document, such as by file name, by Model Author, through the use of a Model Element Table, or other method.) File Name ARTICLE 10 OTHER BIM OR MODELING PROVISIONS AIA Document G203 — 2022. Copyright ® 2022. All rights reserved. 'The American Institute of Architects," "American Institute of Architects,' `AIA." the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:40:54 MST on 12/23/2025 under 6 Subscription No.20250149606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Nobs: (694091ca316a919af5bc3009) Other provisions related to BIM or Modeling are as follows: N/A ARTICLE 11 EXHIBITS AND ATTACHMENTS (1_i5t here any exhibits any/ attachntettt.c to this BIMExecution Platt.) AIA Document G203 - 2022. Copyright s' 2022 All rights reserved. "The American Institute of Architects," "American Institute of Architects." "AIA," the AIA Logo. and "AIA Contract Documents" are trademarks of The American Institute of Architects This document was produced at 16*40*54 MST on 12/23/2025 under 7 Subscription No.20250148606 which expires on 07?30/2026, is not for resale, is licensed for one-time use only. and may only be used in accordance with the AIA Contract Documentss Terms of Service To report copyright violations e-mail docinfo@aiacontracts.Corr, User Notes: (694091ca316a919af5bc3009) Additions and Deletions Report for AIAV" Document G203Tu — 2022 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:40:54 MST on 12/23/2025. Changes to original AIA text PAGE 2 Project Participant (Firm or company name) Discipline or Trade Contact Name (Insert individual name and Project role or title) Contact Information (Insert phone number, email address, and other contact information BRS Architecture Architecture Craig, Bouck, Partner craigbouck(&�brsarch.com JJO Infrastructure Structural/Civil steve.h.lucy@imegcorp.com Stephen Lucy, PE ME Engineers Mechanical/Electrical/Plumbing ed.homfeck@me-engineers.com Ed Hornfeck, PE Margaret Sullivan Margaret Sullivan Interior Design margaret(cumargaretsullivanllc.com Studio TBG Partners Landscape Architecture jodi.house(aJtbgpartners.corn Jodi house Food Service Food Service mmoore(ci;,�fdp.org Design Melissa Moore Professionals PAGE 3 Software Version Other Information Autodesk Revit 2026 PAGE 5 Meeting Type Project Stages or Phases Frequency Coordination SD, DD, CD TBD Variable Information PAGE 1 DATE: January 81. 2026 Additions and Deletions Report for AIA Document G203 — 2022. Copyright ® 2022. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:40:54 MST on 12/2312025 under Subscription No.20250148606 which expires on 07130/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts com. User Notes: (694091ca316a919af5bc3009) 2025 085 - Baytown Events Center and Library Renovation Baytown, TX Brant GM City of Baytown 2401 Market Street Baytown, TX 77522 Tel. 281.422.8281 BIM Execution Plan The Parties shall utilize Buildinilnformation Modeling on the Project for the sole purpose of fulfilling the obligations set forth in the Agreement without an expectation PAGE 2 that the Model will be relied upon by the other Project Participants. TABLE OF ARTICLES See Exhibit B. PAGE 3 As indicated in Prime Agreement. As indicated in AIA-G205 Autodesk AUtoCAD, Enscape, Lumion, etc. [ x ] § 3.3.1.1 Cloud -Based Collaboration. The Project Participants agree to use a cloud -based Modeling software platform for developing and sharing Models as follows: BRS Architecture PAGE 4 TBD TBD NIA TB D TBD PAGE 5 BRS Architecture Additions and Deletions Report for AIA Document G203 — 2022. Copyright ® 2022. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," `AIA,' the AIA Logo, and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 2 16:40:54 MST on 12/23/2025 under Subscription No.20250148606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only. and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts_com. User Notes: (694091 ca316a91 9af5bc3009) [ x ] § 6.3.1.1.1 Visual Check. Perform a visual check to confirm that there are no unintended Model components and confirm design intent has been followed: [ x J § 6.3.1.1.2 Interference Check. Detect problems within individual Model Portions and with the interface between Model Portions where two building components clash, including where required clearances clash: [ x ] § 6.3.1.1.3 Modeling Protocols Check. Confirm that the protocols reflected in Article 5 of this BIM Execution Plan have been followed: [ x ] § 6.3.1.1.4 Model Integrity Check. Check for items that affect the integrity of each Model Portion, such as corrupted Models, duplicated Model Elements, software warnings, Models with overly large file sizes, etc.: PAGE 6 [ x J AIA Document G205TM-2022, Abbreviated Model Element Table N/A N/A N/A File Name N/A Additions and Deletions Report for AIA Document G203 — 2022. Copyright ® 2022. All rights reserved 'The American Institute of Architects,' "American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16 40:54 MST on 12/23/2025 under Subscription No.20250146606 which expires on 07/30/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations. e-mail docinfo@aiacontracts com. User Notes: (694091ca316a91gaf5bc3009) Certification of Document's Authenticity AIA" Document D401 Tm — 2003 I, Craig Bouck, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:40:54 MST on 12/23/2025 under Order No. 20250148606 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIAt Document G203TM - 2022, BIM Execution Plan, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 — 2003. Copyright ® 1992 and 2003. All rights reserved. 'The American Institute of Architects," 'American Institute of Architects.' "AIA,' the AIA Logo and 'AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16 40:54 MST on 1212312025 under Order No.20250148606 which expires on 07f3012026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service To report copyright violations, e-mail docinfo@aiacontracts.com. User Nobs: (694091 ca316a919af5bc3009) illhj/ r Document G205TM — 2022 Abbreviated Model Element Table MODEL ELEMENT TABLE DATE: January 8th, 2026 This Model Element Table dated the day and year written above is incorporated into the BIM Execution Plan between the Parties for the following Project: (Name and location or address of the Project) ExxonMobil Baytown Events Center and Sterling Municipal Library Renovation Baytown, TX BIM EXECUTION PLAN NAME: (Identify, by date and jull title, the BIM Execution Plan into which this LOD Table is incorporated) (the 'BIM Execution Plan') ALA Document G203-2022 BIM Execution Plan MOST RECENT BIM EXECUTION PLAN VERSION OR DATE: January 8th, 2026 EXHIBIT NAME: (Identify, by date and full title, the BIM and Digital Data Exhibit into which the BIM Execution Plan is incorporated) (the "Exhibit ' ) AIA Document E202-2022 BIM Exhibit TABLE OF ARTICLES ARTICLE 1 LEVELS OF DEVELOPMENT ARTICLE 2 MODEL ELEMENT TABLE The terms used in this Model Element Table have the same meaning as those in the Exhibit. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be incorporated into an agreement between the Parties. ARTICLE 1 LEVELS OF DEVELOPMENT § 1.1 Level of Development Definitions. The Level of Development (LOD) descriptions shall be as set forth in the Exhibit. 11.2 Any Model Element that does not have an LOD defined at a phase is not required to be Modeled at that phase. If a Model Element is modeled and no LOD is provided at that phase, the Model Element may not be relied upon. 11.3 Unless noted in the Model Element Table, Supplementary Components are not modeled. ARTICLE 2 MODEL ELEMENT TABLE § 2.1 Table Instructions. The Model Element Table in Section 2.4 indicates the LOD to which each Model Element shall be developed at each identified Project milestone and the Model Element Author. § 2.2 Model Element Table Abbreviations. Abbreviations for each Model Element Author to be used in the Model Element Table are as set forth in the Abbreviations tab. § 2.3 Model Element Table Notes. Notes for each Model Element in the Model Element Table are as set forth in the Notes tab. I imitations or qualifications on Model Elements may be described in the Notes. - _ 2 § 2.4 Model Element Table Identify (1) whether a Model Element will be modeled, (2) the LOD required for each Model Element at each Project milestone, (3) the Model Element Author, and (4) references to any applicable notes found in Section 2.3. Indicate whether the Model Element is included in the Project by inserting an "x" in the "Modeled column. If a "Modeled" cell is left blank, the Element in that row will not be included in a Model Portion. d Insert abbreviations for each MEA identified in the "Abbreviations" tab. Project Milestones headings may be modified to identify delivery milestones as defined In the Agreement. NOTE: LODs must be adapted for the unique characteristics of each Project odd Eletnetsts UtH Ang CSI UdBensistx" (abbreviated) A Substructure - A10 FOUNDATIONS — .A1010 Standard Foundations A102U Special Foundations A20 SUBGRADE ENCLOSURES A2010 Walls for Subgrade Enclosures _ A40 SLABS -ON -GRADE. A4010 Standard Slabs -on -Grade A4020 Straetural Slabs -on -Grade A4030 Slab Trenches A4040 Pits and Bases A" WATER AND GAS MITI %] ]ON A6011) Building Subdrainage A6020 Off -Gassing Mitigation A90 SUBSTRI'CTURE RELATED ACTIVITIES A9010 Substructure Excavation A9020 Construction Dewatering A90311 E=eavation Support A9040 Soil Treatment d 0 c m at N E O O c 0 i aEi s � � � m O LOD I MEA i Notes It a� +: LOD I MEA I Notes 1 LOD 1 MEA i Notes 200 S 300 300 300 S 200 S S S 200 S 200 S 300 S 200 S 300 S 200 S 300 S 200 S 300 S 200 S 300 S 200 S 300 S 200 S 300 S AIA Document G205" -2022. Copynght C 2022 by the A n can InstAute of Architects All nghts reserved. t B Shen B10 SUPERSTRUCTURE x 100 A/S 200 A/S 300 A/S 81010 Floor Construction x 100 A/S 200 A/S 300 A/S B1020 Roof Construction x 100 A/S 200 A/S 300 A/S B1080 Stairs x 100 A/S 200 A/S 300 A/S B20 EXTERIOR VERTICAL ENCLOSURES x 100 A/S 200 A/S 300 A/S B2010 Exterior Walls x 100 A/S 200 A/S 300 A/S B2020 Exterior Windows B2050 Exterior Doors and grilles B2070 Exterior Louvcrs and Vents B2080 Exterior Will Appurtenances _ B2090 Exterior Wall Specialties B30 EXTERIOR HORIZONTAL ENCLOSURES x t00 A/S 200 A/S 300 A/S x 100 A/S 200 A/S 300 A/S x 100 A/S 200 A/S 300 A/S x 100 A/S 200 A/S 300 A/S x 100 A/S 200 A/S 300 A/S x 100 A/S 200 A/S 300 A/S B3010 Roaring x 100 A/S 200 A/S 300 A/S B3020 Roof Appurtenances x 100 A/S 200 A/S 300 A/S B3040 Traffic Bearing Horizontal Enclosures x 100 A/S 200 A/S 300 A/S B3060 Horizontal Opeminp x 100 A/S 200 A/S 300 A/S 83090 Overhead Exterior Enclosures x 100 A/S 200 A/S 300 A/S C Interiors C10 INTERIOR CONSTRUCTION x 100 A 200 A 300 A C1010 Interior Partitions x 100 A 200 A 300 A C1020 Interior Windows x 100 A 200 A 300 A C1030 Interior Doors x 100 A 200 A 300 A C1040 Interior Grilles and Gates x 100 A 200 A 300 A C1060 Raised Floor Construction x 100 A 200 A 300 A C1070 Sus nded Ceiling Construction x 100 A 200 A 300 A C1090 Interior Specialties x 100 A 200 A 300 A C20 INTERIOR FINISHES x 100 A/1 200 A/I 300 A/! C2010 Wall Finishes x 100 A/I 200 AA 300 A/1 C2020 Interior Fabrications x 100 A/1 200 A/I 300 A/I C2030 Flooring x 100 A/1 200 Aft 300 A/1 C2040 Stair Finishes x 100 A/1 200 AA 300 A/1 C2050 Ceiling Finishes x 100 All 200 AA 300 AA C2090 Interior Finish Schedules x 100 A/I 200 A/I 300 A/I D Services D10 CONVEYING 1111010 Vertical C onveying Systems _D1030 Horizontal Conveying D1050 Material llandling DI080 Opea rble Access Sv%lems z 100 A/S 200 A/S 300 A/S x 100 A/S 200 A/S 300 A/S x 100 A/S 200 A/S 300 A/S x 100 A/S 200 A/S 300 A/S x 100 A/S 200 A/S 300 AIA Document G205" -2022. Copyright 0 2022 by The American Institute of Architects All rtghts reserved. D20 PLUM II I N G D2010 Domestic Water Distribution D2020 Sanitary Drainage D2030 Building; Support Plumbing; Systems D2050 General Service Compressed -:%it- D2060 Process SRport I'lurnbinq Systems D30 HEATING, VENTILATION, AND .AIR CONDITIONING (HVAC) x 100 MP 200 MP 300 100 300 3011 100 100 300 300 300 300 300 MP x 100 MP 200 MP MP x 100 MP 200 MP MP x 100 MP 200 MP MP x 100 Nil, MI' MP 200 MP MP x 100 200 MP MP MI' MP MP MP MP x 100 200 MP D3010 Facility Fuel Systems x 100 MP 200 MP D3020 Heating Systems x 100 MP 200 MP D3030 Cooling System x 100 MP 200 MP D3050 Facility HVAC Distribution System x 100 MP 200 MP D3060 Ventilation x 100 MP 200 MP 300 Nil, D3070 Special Purpose HVAC Systems x 100 MP 200 MP 300 MP D40 FIRE PROTECTION x 100 MP 200 MP 300 MP D4010 Fire Suppression x 100 MP 200 MP 300 MP MP MP MP MP MP MP MP MP D4030 Fire Protection Specialties D50 FLECTRICAL D5010 Facility Power Generation x 100 MP 200 MP 300 x 100 MP 200 MP 300 x 100 MP 200 MP 300 D51120 Flectrical Service and Distribution D511.311 General Purpose Electrical Power D5040 Lighting D5080 Miscellaneous Electrical System 1160 COMMUNICATIONS D6010_Data Communications D61120 Voice Conununications D6030 ludio-Video Communication I116060 Distributed Communications and Monitoring 1 )70 F I ECTRONIC SAFETY AND SECURM W010 Access Control and Intrusion Detection 1)7030 Electronic Surveillance D7050` Detection and Alarm D7070 Electronic Monitoring; and Control D80 INTE611ATED AUTONIATIO's D8010 Integrated Automation Facility Controls E Equipment and Furnishing;% E110 FQUIPN1FNI E1010 Vehicle and Pedestrian Equipment E1030 Commercial Equipment E1040 Institutional Equipment F1060 Residential Equipment F.I1170 Entertainment and Recreational Equipment l" 1090 Other Equipment x 100 MP 200 MP 300 x 100 MP 200 MP 300 x 100 MP 200 MP 300 x 100 MP 200 MP 300 x 100 MP 200 MP 300 x 100 MP 200 MP 300 MP x 100 MP 200 MP 300 NIP x 100 MP 200 MP 300 MP x 100 MP 200 MP TBD TBD TBD TBD TBD 300 MP x 100 MP 200 300 TBD x 100 MP 200 300 TBD x 100 MP 200 300 TBD x 100 MP 200 300 TBD x t00 MP 200 300 TBD x 100 w1P MP 200 TBD 300 TBD x 100 200 TBD 300 TBD x 100 A 200 A 300 A x 100 A 200 A 300 A x 100 A 200 A 300 A x 100 A 200 A 300 A x 100 A 200 A 300 A x 100 A 200 A 300 A x 100 A 200 A 300 A At Document G205" -2022. Copynghl O 2022 by The American Institute of Architects. AN rights reserved. E20 FURNISHINGS x 100 A/I 200 An 300 A/I E2010 Fixed Furnishings x 100 A/I 200 A/1 300 A/I E2050 Movable Furnishings x 100 A/I 200 A/I 300 A/I F Special Construction and Demolition F10 SPECIAL CONSTRUCTION F1010 Integrated Construction F1020 Special Structures F1030 Special Function ('instruction F1050 Special Facility Components F1060 Athletic and Recreational Special Construction F1080 Special Instrumentation F20 FACILITY RF.MEDIATION F2010 hazardous Materials Remediation TBD TBD TBD TBD TBD x 100 A 200 A 300 A TBD TBD TBD F30 DEMOLITION x F3010 Structure Demolition x 100 A/S 200 A/S 300 A/S F3030 Selective Demolition x 100 A/S 200 A/S 300 A/S F3050 Structure Moving x 100 A/S 200 A/S 300 A/S G Sitework G10 SITE PREPARATION G1010 Site Clearing G1020 Site Elements Demolition G1030 Site Element Relocations G1050 Site Remediation G1070 Site Earthwork G20 SITE IMPROVEMENTS x 100 Cl 200 Cl 300 CI G2010 Roadways x 100 Cl 200 CI 300 Cl G2020 Parbing Lots x 100 Cl 200 Cl 300 Cl G2030 Pedestrian Plazas and Walkways x 100 L 200 Cl 300 CI G2040 Airfields N/A G2050 Athletic, Recreational, and Pla lleld Areas x 100 L 200 L 300 L G2060 Site Development x 100 L 200 L 300 L G2080 LandscapingUndscaping x 100 L 200 L 300 L G30 LIQUID AND GAS SITE UTILITIES x t00 Cl 200 Cl 300 Cl G3010 Water Utilities x 100 Cl 200 Cl 300 C1 G3020 Sanitary Sewerage Utilities x 100 Cl 200 Cl 300 CI G3030 Storm Drainage Utilities G3050 Site Energy Distribution G3060 Site Fuel Distribution C40 ELECTRICAL SITE IMPROVEMENTS x 100 Cl 200 CT 300 Cl x 100 Cl 200 CT 300 Cl x 100 Cl 200 Cl 300 Cl x 100 E 200 E 300 E G4010 Site Electric Distribution Systems G4050 Site Light _g_ x 100 E 200 E 300 E x 100 E 200 E 300 1 E AIA Document G205" -2022. Copynght 0 2022 by The Amenkan InsUlute. o1 ArchNects. All lights ms—r.d GSO Srm COMMUNIC A G5010 Site Comn G90 MISCELLANE41's G9010 Tunnels Al Uocumrtnl G205" .2022. t:,,nyr,ttht 1, 2022 by The, Amencan In shlule of Architects All nghts msvrverl § 2.2 Abbreviations § 2.2 Abbreviations for each Model Element Author to be used in the Model Element Table are as follows: (Provide abbreviations for each Model Element Author) Abbreviation Model Element Author (MEA) A Architect I Interiors C Contractor S Structural Cl Civil L Landscape MP Mechanical/Plumbing E Electrical TBD To Be Determined A/S Architect/Structural A/I Architect/Interiors Exhibit A: Fee Summary Exxon/Mobil Baytown Event Center & Sterling Municipal Library Renovation - Baytown, Texas Scope of Services - Fee Allocation Prepared 11/20/2025 Revised Total project budget of $55M includes the following: On Site Construction; Building Construction: and Contingencies for Building & Site Construction Cost $ 44.000.000 Site, Estimating, Soft Costs and Construction for the Preliminary 7 Scope of Work as Identified in the RFQ No. 25-0813. Design Fee Allocation Smakdb** by P10" (Programming, Field Verification & Concept Development, %' Architect of Record - BRS Architecture $ 98,000 Library Consultant - Margaret Sullivan Studio $ 55,500 Landscape Architecture - TBG $ 65,000 Civil Engineering - JQ/IMEG $ 20.000 Structural Engineering - JQ/IMEG $ 7,800 Cost Estimating - B&A $ 3,780 Sub Total $ 250,080 0.579E Sports TourismlOperations Consulting LT Sports Consulting Phase 1 (Concurrent w/ Pre -Design) $ 105,000 Phase 2 (Concurrent w/ Design & Construction) $ 125,000 Phase 3 (6-Months Before & After Const. Completion) $ 210,000 Sub Total $ 440,000 1.00% TOTAL PRE -DESIGN & SPORTS SERVICES $ 690,080 1.57% Base Design Services SD cost DD cost CD cost BN cost CA cost Architect of Record - BRS Architecture $ 1,980,000 4.50% $ 396,000 $ 415,800 $ 495,000 $ 59,400 $ 613,800 Building Design Consultants Civil Engineer - JQ/IMEG $ 225,000 $ 45,000 $ 67,500 $ 67,500 $ - $ 45,000 Landscape Architecture - TBG $ 231,500 $ 50,000 $ 60,000 $ 75,000 $ 8,500 $ 38,000 Structural Engineer - JQ/IMEG $ 304,200 $ 39,000 $ 93,600 $ 109,200 $ - $ 62,400 Mechanical, Electrical, Plumbing - MEE $ 430,000 $ 64,500 $ 86,000 $ 150,500 $ 21,500 $ 107,500 Base Commissioning - MEE $ 72,000 $ - $ - $ - $ - $ 72,000 Photometric Compliance Review - MEE $ 12,000 $ 6,000 $ 6.000 $ - $ - $ - Interior Design - BRS Interiors $ 210,000 $ 42,000 $ 44,100 $ 52,500 $ 6,300 $ 65,100 Library Design - Margaret Sullivan Studio $ 180,000 $ 63,000 $ 45,000 $ 36,000 $ 18,000 $ 18,000 Food Service - FDP $ 8,600 $ 2,150 $ 1.720 $ 3,010 $ 860 $ 860 Specifications - Conspectus $ 28,000 $ - $ 16,000 $ 12,000 $ - $ - TAS Review - ACC (Bldg & Site) $ 12.895 $ 1.750 $ 1,750 $ 2.000 $ 995 $ 6,400 Cost Estimating - B&A (Bldg & Site) $ 51,980 $ 7.460 $ 20,060 $ 24,460 $ - $ Sub Total $ 1,766,175 4.01% $ 320,860 $ 441,730 $ 532,1701 $ 56,155 $ 415,260 TOTAL BASE SERVICES $ 3,746,175 8.51% Additional Service Scope Items (Included in the Overall Fee) V SD cost DD cost CD cost BN cost CA cost Event Center Interiors (BRS) Wayfinding/Signage & Graphics - BRS $ 28,200 $ 3,000 $ 9,000 $ 16,200 Furniture Selection & Procurement Assistance - BRS $ 58,000 $ 4,000 $ 18,000 $ 36,000 Library Interiors (BRS/MSS) Wayfinding/Signage & Graphics - BRS $ 18,800 $ 2.200 $ 5,500 $ 11,100 Furniture Selection & Procurement Assistance - MSS $ 135,000 $ 135,000 Structural Engineer - JQ Enhanced BIM Modeling $ 18,000 $ 8,000 $ 10,000 Mechanical & Electrical - MEE Energy Modeling $ 50,000 $ 12,500 $ 22,500 $ 15,000 - $ - Daylight Analysis $ 25,000 $ 3.750 $ 12,500 $ 8,750 $ - $ - Acoustics $ 25,000 $ 3,750 $ 5,000 $ 8.750 $ 1,250 $ 6,250 Tech(AV/PA/IPTV/IT/Security/Telecom) $ 215,000 $ 32,250 $ 43,000 $ 75,250 $ 10,750 $ 53,750 Specialty Lighting $ 50,000 $ 7,500 $ 10,000 $ 17,500 $ 2.500 $ 12,500 MEE Add Services Bundle Discount $ (44,450) Civil Engineer - JQ/IMEG City of Baytown Permitting (Paving, Drainage, Utilities) $ 45,000 $ 22,500 $ 22,500 Full Team - Record Documents $ 40,000 Inc. Add. Service Items Sub Total $ 663,550 1.51 % $ 64,950 142,000 203,050 14,500 243,500 Total Overall Fee $ 5,099,805 11.59% of Construction Cost 1 of 2 Potential Additional Services NOT Included in contract Structural Engineer - JQ/IMEG Deduct for PEMB $ (40,000) Structured Main Level Slab if Req. by Geotech. $ 18,000 TDI Certification for Windstorm Resilience $ 32,000 Add'I Site Visits Each Occurrence if Re $ 1,200 Civil Engineer - JQ/IMEG Harris County Flood Control District Permitting (Drainage) $ 22,500 Stormwater Pollution Prevention Plans (SWPPP) $ 7,500 Add'I Site Visits Each Occurrence if Re $ 1,100 Landscape Architect - TBG Decker Drive Streetscape $ 30,000 Stretch Plan - South of Texas Ave $ 45,000 Food Service - FDP (3) Add'I Concession Stands & Commissary Kitchen $ 48,000 ExpenseEstimated Reimbursable .. Total Not to Exceed Budgeted Expenses (to be billed as they are incurred) S 253,000 ' % of Construction Cost Assumptions: 1 Assumes the design and construction of a new Event Center and Library Renovation at a construction cost of $44,000,000. Should the construction cost change by more than 10%, the Design and Engineering fees will be adjusted accordingly, in proportion to the overall fee percentage for the project. 2 Site is assumed to be free of environmental hazards and will not require clean up. Environmental investigation not included. 3 Geo-technical investigation & topographic survey will be provided by the Owner and is outside of this contract / scope of work. 4 Any traffic engineering studies, traffic signals, or street improvements will be provided as needed by the City. 5 Project limits do not include work in adjacent public right-of-way. Work in these areas will be the responsibility of the City and coordinated to the extent the ROW design work follows the building project schedule. 6 Any zoning or plats will be done by the City of Baytown and will not be part of this project. 7 Project limits are shown in Exhibit D. The construction observation and design of areas outside the project limits are not included in our scope of the work. 8 All fees for permits and jurisdictional approvals, site inspection fees, utilities and taxes have been excluded. 9 All printing of record drawings or required submittal documents can be provided as a reimbursable expense. 10 The proposal is based on project schedule included as Exhibit B. 11 The Construction Documents for the building and the site are anticipated to be released in one package. A separate demolition package is anticipated. Should additional packages be needed to accelerate the construction schedule, additional services will be required. 12 The project will be constructed by a CMAR delivery method. Per the City, Contractor Proposals will be based on the 100% Design Development Documents. 13 Record documents coordinated with Contractor redlined drawings are included as an accepted Additional Service as identified above. 14 The project will be designed with energy efficiency measures and sustainable concepts, but there will be no LEED or other certification sought for this project. 15 Based on similar project designs in the area, a pier and grade beam foundation with slab on grade floors over prepared subgrade is anticipated. If a structured main level floor slab is required by the geotechnical report the fee for additional structural services above will need to be implemented due to the more complex design and engineering required. 16 Basic commissioning is provided by the Engineer of Record (EOR) as required by the 2024 IECC. 17 Full design and coordination for AV, Security, and Telecom/Raceways are included with this proposal. If the City wants to conduct this portions of this work with an outside vendor, these fees will reviewed and adjusted in collaboration with the City. 18 A detailed project scope for each subconsultant will be provided in the final contract. 19 Pre -Design Services Include: Community Engagement, Program Verification, Space Adjacency Considerations, Facility Tours, Field Verification of Existing Building, Initial Site Organization / Relationship Coordination, and Park Master Planning. If conceptual design documents are required for the end of this phase prior to the start of the Schematic Design Phase they can be provided as an additional service with additional time as agreed to between the City and BRS. 20 Construction delays and project schedule extensions not caused by BRS or it's Sub -Consultants will incur additional design team fees per consultants' hourly rates on Exhibit C - Hourly Rates. 21 If a design omission is recognized within the construction documents during the Construction Administration phase of the project, however, is required to complete the project, ie. "Betterment", the client will pay for the cost of adding that missing scope or item in the project through the Owner's Contingency. 22 The Client shall review project milestone drawings/documents as delivered by BRS and provide written comments within a 4 week period following the completion of each phase. The client shall identify in that same time period if no comments are being provided. 23 Design alternates will be evaluated and considered through Design Development Phase. Final direction and scope of the project will be established at the completion of the Design Development Phase. If design alternates are to be carried past the DD phase, they can be provided as an additional service. 24 City of Baytown anticipates adopting 2024 International Codes before this project is scheduled to begin permitting. Amendments are not anticipated. 2of2 EXHIBIT B - PRELIMINARY PROJECT SCHEDULE TOTAL DURATION = 36 MONTHS 12 weeks 12 weeks 12 weeks 16 weeks 8 weeks 20 months JAN — MAR '26 DELIVERABLES: PRE -DESIGN APR — JUN '26 JUL — SEP '26 Program Verification Facilities Conditions Assessment Conceptual Cost Estimate Conceptual Floor Plans (Library & Event Center) Conceptual Site Plan (whole campus) Feasibility & sports needs assessment report (LT Sports Consulting) - Conduct Stakeholder Engagement Sessions & Compile findings - Develop project website, social media approach & online survey Conceptual items to consider for inclusion & further review: - Indoor/Outdoor Event Space & Lawn Indoor/Outdoor Concessions Options/Concepts for 3rd Party Concessions Operations Promotional/Sponsorship Opportunities Court surface options Audio/Visual options Health/Sports Medicine Clinic SCHEMATIC DESIGN SD Drawing Package or Report 100% SD Cost Estimate Preliminary budget & financial pro forma (LT Sports Consulting) - Conduct Stakeholder engagement Sessions & Compile findings - ADA/TAS review DESIGN DEVELOPMENT - DID Drawing Package & Project Manual - (2) Cost Estimates & CMAR estimate review/reconciliation - Detailed budget & financial pro forma (LT Sports Consulting) Community update meeting ADA/TAS review OCT —JAN '27 FEB — MAR '27 APR — DEC '28 CONSTRUCTION DOCUMENTS - CD Drawing Package & Project Manual - (2) Cost Estimates & CMAR estimate review/reconciliation - Detailed budget & financial pro forma update (LT Sports Consulting - if needed) Community update meeting ADA/TAS review BIDDING & CONSTRUCTION ADMINISTRATION - Contract Document Addenda (based on Bidding & Plan Review comments) - Conformed Set (For Construction) - Record Drawings (based on GC As-Builts) - OAC attendance & Field Reports - Operational Implementation & Training (LT Sports Consulting - first 6 months of operations) Exhibit C: Hourly Rates Exxon/Mobil Baytown Event Center & Sterling Municipal Library Renovation - Baytown, Texas Hourly Rates - Effective Nov 1, 2025 Architect of Record (Prime) Barker Rinker Seacat Architecture (BRS) Role $ / hour Partner 265 Principal 220 Project Manager 205 Design Manager 180 Designer IV 160 Designer III 140 Designer II 135 Designer 1 125 Project Administration 155 Civil Engineering JQ/IMEG Role $ / hour Partner 305 Principal 270 Sr. Project Manager 240 Engineering Technical Lead 225 Project Manager 185 Sr. Project Engineer 170 Project Engineer 155 Sr. Technician 155 Technician 130 Admin Assistant 95 Structural Engineering JQ/IMEG Library Designer Margaret Sullivan Studio (MSS) Role $ / hour Principal $325.00 Senior Designer $225.00 Junior Designer $125.00 Admin Support $75.00 Landscape Design TBG Role $ / hour Staff 1 100-125 Staff 2 130-160 Staff 3 165-195 Staff 4 210-245 Staff 5 250-285 MEP Engineering, Commissioning, Energy Modeling, Daylighting, Technology, Acoustics ME Engineers (MEE) Role $ / hour Senior Principal 365 Principal 325 Associate Principal 310 Role $ / hour Sr. Associate Partner 305 Associate Principal 270 Senior Project Manager 240 Engineering Technical Lead 225 Project Manager 185 Senior Project Engineer 170 Project Engineer 155 BIM Manager 175 Senior Technician 155 Technician 130 Intern 85 Administrative 95 Food Service Food Service Design Professionals (FDP) Role $ / hour Project Principal 250 Project Manager 125 Production Manaoer 100 285 270 Senior Project Manager 260 Project Manager 225 Project Engineer 190 Engineer 175 Designer 165 Sr. BIM Coordinator 155 BIM Coordinator 150 CAD Technician 135 Administrative Staff 130 Cost Estimating Blundall & Associates (B&A Role $ / hour Principal $ 19000 Project Manager/Estimator $ 17000 Senior Estimator $ 120.00 Estimator - Level 1 $ 95.00 Estimator - Level 2 $ 78.50 Sports Consulting LT Sports Consulting (LT) Role Sports Consultant Specifications Conspectus Role President Executive Vice President Project Director Door Hardware Specifier Senior Specifier Specifier Project Coordinator Administrative Accessibility Accessology Role Consultant Prel Re EXHIBIT D - PROJECT LIMITS I / 1 •�� LEGEND I +/- 285,000 SF OF PRO PROPOSED BUILDABLE AREA PARKING AREA _ __-'� MASTER PLANNING (6.54 AC) __ __-----'-'-- C7 PROPOSED PARKING LOT AREA PROJECT SITE LIMITS —� / ;1 \ © EXISING PARKING LOT WITHIN (BLUE LINE) 100YTR FLOODPLAIN SD-DD-CD PHASE PROJECT LIMITS o EXtSTING PARK/GRASSLAND ` rroo I 100 PYEAR FLLOOOIPLAIN ` (ZONE "AE-FLOODwAY') /(PEfl F. E. Y. A. GIS SHAPE FILE) IIIrJ/ s \ _ (RED LINE) NOTE, � i ' THE FINISH FLOOR ELEVATION OF THE 1 0% LOCA SAE)�AP�X. RFLOQDPZONE IOCAnONoONEE(fl FLao0P4SIH %SHADEOZONE PROPOSED BUILDINGS MUST BE BE A MINIMUM OF 2 FEET ABOVE THE ♦♦♦• . E.M.A. GI5 SHAPE � �ti PER F.E.M.A. 0I5 SHAPE FILE) 500-YEAR FLOOOPLAIN ACCORDING TO � `� •♦♦` ` e�i"s^%. `� � HARRIS COUNTY COUNTY BUILDING REQUIREMENTS. 3,a� ♦ pp 1 C�1 APPRO% LOCATION _ R"- 500-YEAR FLOODPINN 'Y•-•� (ZONE 'X-S_DE ` \ \ 419,000 SF �'rj PARK/GRASSLAND A.1 !9.62 AC)`Y ("U�' l.J- ;.PER F.E MA. CIS SHAPE FILE) �. / fl /- 360,000 SF OF �`, BUILDABLE AREA VOL I T 1 p O _ WPRO%. LOCA 1 1 YEAR FLOG ( NE 'AE-FLOODWA ' ; P F.E.M.A. GIS SNAP LE t 1 '! �APPRO% LOCAIION EAH I L - „ I �0- pOUPIAIIN • ` (ZONE E") `\ / (PL' A G15 SHAPf 4iLL) J/ 116,000 SF OF BUILDABLE AREA 3 (2.66 AC) On tILE A SAS'' 100- n IPLAIN + ••• `�� •.��' i (PER �° APE FILE � BAYTOWN, TEXAS O^LOCAnON Rq� yAqPQP-HiRIN BUILDABLE AREA EXHIBIT r % rY'T` -'295�55! ( E.M A APE y� VILE) \A?i.Il. •IY '�- 191,000 ''I UI )uL 18,2025 PARKING AREA / a%` �' � PREPAREDBY �' i •. GNAMAM %ERSOG ,SSU —ING i i CASE NO