Document A101® – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 draft was produced at 11:26:52 CST on 12/17/2024 under Subscription No.20240052651 which expires on , 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: (640e2aedf442e4498d0967f6)

ADDITIONS AND DELETIONS:

The author of this document may have revised the text of the original AIA standard form. An Additions and Deletions Report that notes revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

The parties should complete A101®–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201®–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the day of in the year 2026 (In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

City of Cibolo, Texas 200 South Main Street Cibolo, Texas 78108 and the Contractor:

(Name, legal status, address and other information)

[Insert Contractor Info] for the following Project:

(Name, location and detailed description)

City of Cibolo Animal Services Facility

Construction of Cibolo Public Safety Facility. The City anticipates the following items will be included in the scope of the Project: concrete reinforced slab-on-grade with grade beams and spread footings, steel framing, steel roofing framing, metal decking, rigid insulation, standing seam metal roof, prefinished metal gutters and downspouts, batt insulation, composite hybrid metal walls panels, metal soffit panels, millwork, fluid applied water proofing, traffic coatings, fluid applied air barrier, fire stopping, roof accessories, hollow metal doors and frames, flush wood doors, four-fold door system, sectional OH doors, aluminum storefront framing, glazing, fire rated glazing assemblies, door hardware, mirrors, prefinished metal louvers, gypsum board assemblies, ceramic tile, acoustical ceiling and grid, interior and exterior painting, metal toilet partitions, operable wall partition, wall and door protection, toilet, bath and shower accessories, AEDs & cabinets, fire extinguisher and cabinets, flag poles, metal canopies, residential appliances, MEP systems and equipment, lighting, plumbing fixtures, lightning protection, fire suppression system, fire alarm system, commercial kitchen hood system, emergency generator and ATS, site clearing, grading, utility installation, landscaping, irrigation, reinforced concrete paving and striping, OSSF drip septic system, etc. and all other appurtenances necessary for the complete Project. The Project will be designed and constructed so as to meet all applicable federal, state, and local accessibility standards.

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 draft was produced at 11:26:52 CST on 12/17/2024 under Subscription No.20240052651 which expires on , 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

The Architect:

(Name, legal status, address and other information)

The Owner and Contractor agree as follows.

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

EXHIBIT A INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, General Conditions, Supplemental or special conditions (if any), payment and performance bonds, Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT

§ 2.1 Unless otherwise provided in these Contract Documents, the Contractor shall be responsible for performing or causing to be performed all Work, including labor and materials, necessary to build, construct, erect, and equip the Project in strict accordance with the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others.

§ 2.2 The Contractor shall furnish only skilled and properly trained staff for performance of the Work. The key members of the Contractor’s staff shall be persons agreed upon with the Owner, any such agreement not to be unreasonably withheld.

Such key members of the Contractor’s staff shall not be changed without the written consent of the Owner, unless such person becomes unable to perform any required duties due to death, disability, transfer, or termination of employment with the Contractor. Without limiting the foregoing, during the performance of the Work, the Contractor shall keep a competent superintendent at the Project site at all times, fully authorized to act on behalf of the Contractor. Notice from the Owner or the Architect to such superintendent in connection with defective Work or instructions for performance of the Work shall be considered notice of such issues to the Contractor.

§ 2.3 Contractor has identified to the Owner its senior Project personnel, including the Contractor’s Project Manager who will be responsible for the Project and its full-time Superintendent for the Project (who shall be at the Project Site at all times during the performance of the Work through Substantial Completion). Contractor shall not remove its Superintendent assigned to the Project except with the Owner’s written consent, which consent shall not be unreasonably withheld.

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 draft was produced at 11:26:52 CST on 12/17/2024 under Subscription No.20240052651 which expires on , 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

Contractor shall not assign to the Project or contract with any person or entity to which Owner has a reasonable objection.

Contractor shall promptly update Owner in writing with the list of persons assigned to the Project if they change during the course of the Work.

§ 2.4 The Contractor shall prosecute the Work in a good and workmanlike manner, continuously and diligently in accordance with generally accepted standards for projects similar to the Project, using qualified, careful, and efficient workers, in conformity with the provisions of the Agreement and in strict compliance with the Contract Documents, and with Applicable Laws, as defined below, and with other applicable governmental regulations and ordinances. As used herein, the term “Applicable Laws” shall mean any law, statute, ordinance, rule, regulation, order, or determination of any federal, state, or local government authority, all as in effect as of the date of the Agreement, including without limitation all applicable zoning ordinances and building codes, accessibility laws and codes, the United States Occupational Safety and Health Administration requirements, the Americans with Disabilities Act requirements, requirements under Title VII of the Civil Rights Act of 1964 (as amended), the Age Discrimination in Employment Act requirements, any environmental laws, applicable storm water, street, utility and other related infrastructure requirements, regulations promulgated by the Environmental Protection Agency, Storm Water Pollution Prevention Plan requirements, and requirements related to the use, removal, storage, transportation, disposal, and remediation of Hazardous Materials, floor disaster laws, and health laws and regulations.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 3.1 The date of commencement of the Work shall be:

(Check one of the following boxes.)

[ ] The date of this Agreement.

[ X ] A date set forth in a notice to proceed issued by the Owner.

[ ] Established as follows:

(Insert a date or a means to determine the date of commencement of the Work.)

§ 3.2 The Contract Time shall be measured from the date of commencement of the Work.

§ 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work:

(Check one of the following boxes and complete the necessary information.)

[ X ] Not later than [insert days for substantial completion] ( ) calendar days from the date of commencement of the Work.

[ ] By the following date:

§ 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:

Portion of Work Substantial Completion Date

§ 3.3.3 Claims for Additional Time The Contractor shall be entitled to an extension of the contract time for delays or disruptions due to unusually severe weather in excess of that normally experienced at the job site only as determined from climatological data set forth in this subsection.

The Contractor shall bear the entire economic risk of all weather delays and disruptions, and shall not be entitled to any increase in the Contract Price by reason of such delays or disruptions. Rainy days shall not be considered an abnormal or

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 draft was produced at 11:26:52 CST on 12/17/2024 under Subscription No.20240052651 which expires on , 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 adverse weather condition for which an extension of time will be granted unless and except in those months during which the actual cumulative number of rainy days within the month exceed the historical average cumulative number of rainy days for said month, provided that the rainfall prevented the execution of major items of work on normal working days. A rain day is defined as a day when rainfall exceeds one-tenth (.1) inch during a twenty-four (24) hour period. The historical number of Weather Days per calendar month is as follows, based upon regional weather data from the National Weather Service or

NOAA:

Average Weather Days per Month

Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sept. Oct. Nov. Dec.

(4) (4) (4) (3) (5) (6) (4) (3) (4) (4) (4) (4)

The number of rain days shown in the Rainfall Table for the first and last months of this Agreement will be prorated in determining the total number of rain days expected during the period of this Agreement. Time extensions may also be granted for any day following a period of precipitation during which muddy conditions exist and prevent performance of major items of work conducted on normal working days, which muddy conditions are subject to confirmation by the Owner. However, the Contractor shall attempt to mitigate such muddy conditions to allow for the progression of the Work at no additional cost to the Owner. Provision of dewatering equipment, rock, and other mitigation measures shall be considered by the Contractor in the preparation of the Contract Price proposal.

Requests for an extension of time pursuant to this subsection shall be promptly submitted to the Owner. Failure to timely submit a complete notice of claim for delays and extension of time for completion due to abnormal or adverse weather conditions or rainy days pursuant to this subsection shall result in the denial of a request for extra time for performance under the Contract Documents.

§ 3.3.4 In the event Contractor shall fall behind schedule for any reason which does not justify an extension of the Substantial Completion Date for the entire Work under Section 8.3 of the General Conditions, Contractor shall, within ten (10) days after written request of Owner, develop and deliver a recovery plan to the Owner with a recovery schedule and a program describing the additional manpower, overtime, material expediting, re-sequencing of the Work and other steps Contractor shall take to meet the requirements of the Contract with regard to the Contract Time. Contractor shall not be entitled to compensation from the Owner or any increase in the Contract Sum for the scheduled recovery efforts, except as to causes of delay to the critical path not the fault of the Contractor under Section 8.3 of the General Conditions. No approval or consent by the Owner or any plan for re-sequencing or acceleration of the Work submitted by Contractor pursuant to this Section shall constitute a waiver by Owner of any damages or losses which Owner may suffer by reason of such re-sequencing or the failure of the Contractor to meet the Substantial Completion Date or other requirements of the Contract with regard to the Contract Time.

§ 3.3.5 The Contractor acknowledges and recognizes that the Owner is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The Contractor further acknowledges and agrees that, if the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated or other delay damages, if any, shall be assessed as set forth in Section 4.5.

§ 3.4 Time is of the essence in all phases of the Work and performance of obligations owed by the Contractor to the Owner as stated in this Agreement and the Contract Documents. It is specifically understood and agreed by and between Owner and Contractor that time is of the essence in the substantial completion of the Work, and that failure to substantially complete the Work within the designated period, or as it may be extended, shall be construed as a breach of this Agreement.

§ 3.5 FINAL COMPLETION

§ 3.5.1 Timely final completion is an essential condition of this contract. Contractor agrees to achieve final completion of the Work within 30 days of the designated or extended substantial completion date.

§ 3.5.2 Final Completion means actual completion of the Work, including any punch list items, extras or Change Orders reasonably required or contemplated under the Contract Documents other than warranty work that may be required pursuant to Section 3.5 of AIA Document A201-2017, as modified.

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 draft was produced at 11:26:52 CST on 12/17/2024 under Subscription No.20240052651 which expires on , 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

ARTICLE 4 CONTRACT SUM

§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract.

The Contract Sum shall be [insert written contract sum] ($ ), subject to additions and deductions as provided in the Contract Documents.

§ 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum:

Item Price N/A

§ 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement.

(Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)

Item Price Conditions for Acceptance N/A

§ 4.3 Allowances, if any, included in the Contract Sum:

(Identify each allowance.)

Item Price Contingency Allowance:

§ 4.4 Unit prices, if any:

(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

§ 4.5 Liquidated damages, if any:

(Insert terms and conditions for liquidated damages, if any.)

Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.31 above, plus any extensions thereof allowed in accordance with the Contract Documents. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner [ ] ( ) per calendar day for each day that expires after the time specified in Paragraph 3.3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner [ ] ($ ) per calendar day for each day that expires after the time specified in Paragraph 3.5.1 for completion and readiness for final payment until the Work is completed and ready for final payment.

§ 4.6 Other:

(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)

§ 4.6.1 In addition to the amount provided for in liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 3.3.1 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete.

§ 4.6.2 After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 draft was produced at 11:26:52 CST on 12/17/2024 under Subscription No.20240052651 which expires on , 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

3.5.1 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment.

§ 4.6.3 The remedies contained in this Article 4 are not exclusive and shall be cumulative to other remedies provided to the Owner in the event of default or breach by the Contractor.

ARTICLE 5 PAYMENTS

§ 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month.

§ 5.1.3 Provided that an Application for Payment made in accordance with Section 9.4 of AIA Document A201-2017, as modified, is received by the Architect not later than the 5th day of a month, the Owner shall make payment of the amount certified by the Architect to the Contractor not later than the 15th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than forty-five ( 45 ) days after the Architect receives the Application for Payment.

(Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect and Owner may require. This schedule of values, unless objected to by the Architect or the Owner, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

§ 5.1.6 In accordance with AIA Document A201™–2017, as modified, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

§ 5.1.6.1 The amount of each progress payment shall first include:

.1 That portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values;

.2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and

.3 That portion of Construction Change Directives that the Architect or Owner determines, as provided in Section

7.3.4 of AIA Document A201-2017, as modified, to be reasonably justified.

§ 5.1.6.2 The amount of each progress payment shall then be reduced by:

.1 The aggregate of any amounts previously paid by the Owner;

.2 The amount, if any, for which the Architect has previously withheld or nullified a Certificate for Payment as provided in Article 9 of AIA Document A201–2017, as modified;

.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay;

.4 For Work performed or defects discovered since the last payment application, any amount for which the Architect or Owner may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017, as modified; and

.5 Retainage withheld pursuant to Section 5.1.7.

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 draft was produced at 11:26:52 CST on 12/17/2024 under Subscription No.20240052651 which expires on , 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

§ 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due:

(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.)

Five Percent (5%)

§ 5.1.7.2 Except as set forth in this Section 5.1.7.2, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7, less such amounts as the Architect shall determine for incomplete Work.

§ 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017, as modified.

§ 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when

.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017, as modified, and to satisfy other requirements, if any, which extend beyond final payment; and

.2 all requirements of Section 9.11 of AIA Document A201–2017, as modified, have been satisfied and a final Certificate for Payment has been issued by the Architect.

§ 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the Work has been completed and accepted by the Owner in writing, following the issuance of the Architect’s final Certificate for Payment.

§ 5.3 Interest Timeliness and interest due on payments to the Contractor are subject to and controlled by Chapter 2251 of the Texas Government Code.

ARTICLE 6 DISPUTE RESOLUTION

§ 6.1 Initial Decision Maker Unless otherwise indicated in the Contract Documents, the Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, as modified.

§ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, as modified, the method of binding dispute resolution shall be as follows:

(Check the appropriate box.)

[ ] Arbitration pursuant to Section 15.4 of AIA Document A201–2017

[ X ] Litigation in a state district court of competent jurisdiction in Guadalupe County, Texas.

[ ] Other (Specify)

If the Owner and Contractor 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, Claims will be resolved by litigation in a court of competent jurisdiction in Guadalupe County, Texas.

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 draft was produced at 11:26:52 CST on 12/17/2024 under Subscription No.20240052651 which expires on , 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

ARTICLE 7 TERMINATION OR SUSPENSION

§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201– 2017, as modified.

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017, as modified.

ARTICLE 8 MISCELLANEOUS PROVISIONS

§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017, as modified, or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

§ 8.2 The Owner’s representative:

(Name, address, email address, and other information)

The authority of the Owner’s representative may be restricted or limited because of the Owner’s status as a governmental entity that must act by and through its City Council.

§ 8.3 The Contractor’s representative:

(Name, address, email address, and other information)

[ Insert Contractor’s Rep Info]

§ 8.4 The Contractor’s representative shall not be changed written consent of the Owner, which shall not be unreasonably withheld.

§ 8.5 Insurance and Bonds § 8.5.1 The Contractor shall purchase and maintain insurance as set forth in AIA Document A101™–2017, as modified;

Article 11 of AIA Document A201-2017, as modified; Exhibit A, to the General Conditions, AIA Document A201-2017, as modified, Insurance Rider; and elsewhere in the Contract Documents.

§ 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A101™–2017 Exhibit A, and elsewhere in the Contract Documents.

§ 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with a building information modeling exhibit, if completed, or as otherwise set forth below:

(If other than in accordance with a building information modeling exhibit, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.)

§ 8.7 Other provisions:

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 draft was produced at 11:26:52 CST on 12/17/2024 under Subscription No.20240052651 which expires on , 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

§ 8.7.1 Prohibition on Contracts with Companies Boycotting Israel A. The Construction Manager hereby verifies that it and its parent company, wholly-or majority owned subsidiaries, and other affiliates, if any, does not boycott Israel and, to the extent this Agreement is a contract for goods or services, will not boycott Israel during the term of this Agreement as described in Chapter 2271 of the Texas Government Code, as amended. The foregoing verification is made solely to comply with Chapter 2271.002 of the Texas Government Code, as amended, and to the extent such Section does not contravene applicable federal and State law. As used in the foregoing verification, “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 an action made for ordinary business purposes. The Construction Manager understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the Construction Manager and exists to make a profit.

§ 8.7.2 Contracts with Companies Engaged in Business with Iran, Sudan or Foreign Terrorist Organizations Prohibited A. The Construction Manager represents that neither it nor any of its parent company, wholly-or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, as amended, and posted on any of the following pages of such officer’s internet website: https://comptroller.texas.gov/purchasing/docs/sudan-list.pdf, https://comptroller.texas.gov/purchasing/docs/iran-list.pdf, or https://comptroller.texas.gov/purchasing/docs/fto-list.pdf.

B. The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, as amended, and to the extent such Section does not contravene applicable federal or State law and excludes the Construction Manager and each of its parent company, wholly-or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Construction Manager understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the Construction Manager and exists to make a profit.

§8.7.3 Prohibition on Contracts with Companies in China, Iran, North Korea, or Russia A. To the extent this Agreement relates to critical infrastructure in the State of Texas, the Construction Manager represents the following:

1. it is not owned by or the majority of stock or other ownership interest in the Construction Manager is not held or controlled by:

a. individuals who are citizens of China, Iran, North Korea, Russia, or a country designated by the Governor of Texas as a threat to critical infrastructure under Section 2275.0103 of the Texas Government Code, as amended (“designated country”); or

b. a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or

2. it is not headquartered in China, Iran, North Korea, Russia, or a designated country.

B. The foregoing representation is made solely to comply with Chapter 2275 of the Texas Government Code, as amended, and to the extent such Section does not contravene applicable federal or State law. As used in the foregoing verification, “critical infrastructure” means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.

§ 8.7.4 Prohibition on Contracts with Companies Boycotting Energy Companies A. The Construction Manager hereby verifies that it and its parent company, wholly-or majority owned subsidiaries, and other affiliates, if any, do not boycott energy companies and, to the extent this Agreement is a contract for goods or services, will not boycott energy companies during the term of this Agreement as described in Chapter 2276 of the Texas Government Code, as amended.

B. The foregoing verification is made solely to comply with Section 2276.002 of the Texas Government Code, as amended, and to the extent such Section does not contravene applicable federal and State law. As used in the foregoing verification, “boycott energy companies” has the meaning used in Section 809.001 of the Texas Government Code, as amended. The

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 draft was produced at 11:26:52 CST on 12/17/2024 under Subscription No.20240052651 which expires on , 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

Construction Manager understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the Construction Manager and exists to make a profit.

§ 8.7.5 Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries A. The Construction Manager hereby verifies that it and its parent company, wholly-or majority owned subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and, to the extent this Agreement is a contract for goods or services, will not discriminate against a firearm entity or firearm trade association during the term of this Agreement as described in Chapter 2274 of the Texas Government Code, as amended.

B. The foregoing verification is made solely to comply with Section 2274.002 of the Texas Government Code, as amended, and to the extent such Section does not contravene applicable federal and State law. As used in the foregoing verification, “discriminate against a firearm entity or firearm trade association” has the meaning used in Section 2274.001(3) of the Texas Government Code, as amended. The Construction Manager understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the Construction Manager and exists to make a profit.

§8.7.6 Texas Public Information Act A. The Contractor recognizes that this Project is publicly owned, and the Owner is subject to the disclosure requirements of the Texas Public Information Act (the “TPIA”). As part of its obligations within the Contract Documents, the Contractor agrees, at no additional cost to the Owner, to cooperate with the Owner for any particular needs or obligations arising out of the Owner’s obligations under the TPIA. This acknowledgement and obligation are in addition to and complimentary to the Owner’s audit rights.

B. This provision applies if the Agreement has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by the Owner or results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the Owner in a fiscal year of the Owner.

C. The Contractor must (1) preserve all contracting information related to the Agreement as provided by the records retention requirements applicable to the Owner for the duration of the Agreement; (2) promptly provide to the Owner any contracting information related to the Agreement that is in the custody or possession of the Contractor on request of the Owner; and (3) on completion of the Agreement, either:

i. provide at no cost to the Owner all contracting information related to the Agreement that is in the custody or possession of the Contractor; or

ii. preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to the Owner.

D. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and the Contractor agrees that the Agreement can be terminated if the Construction Manager knowingly or intentionally fails to comply with a requirement of that subchapter.

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS

§ 9.1 This Agreement is comprised of the following documents:

.1 AIA Document A101™–2017, as modified, Standard Form of Agreement Between Owner and Contractor

.2 AIA Document A201™–2017, as modified, General Conditions of the Contract for Construction

.3 Exhibit A to the General Conditions of the Contract, Insurance Rider

.4 Drawings .5 Specifications .6 Addenda, if any:

Number Date Pages

Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9.

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 draft was produced at 11:26:52 CST on 12/17/2024 under Subscription No.20240052651 which expires on , 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

.7 Other Exhibits:

(Check all boxes that apply and include appropriate information identifying the exhibit where required.)

[ ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below:

(Insert the date of the E204-2017 incorporated into this Agreement.)

[ ] The Sustainability Plan:

Title Date Pages

[ ] Supplementary and other Conditions of the Contract:

Document Title Date Pages

.9 Other documents, if any, listed below:

(List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201™–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.)

This Agreement entered into as of the day and year first written above.

CITY OF CIBOLO, TEXAS [CONTRACTOR]

OWNER (Signature) CONTRACTOR (Signature)

(Printed name and title) (Printed name and title)

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS