Resolution 2011-26 RESOLUTION NO.2011-26(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS,HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY
OF WYLIE, TEXAS, TO EXECUTE THE DESIGNBUILD CONTRACT
WITH PULLIAM CONSTRUCTION MANAGEMENT, INC. FOR THE
PUBLIC SERVICES CAMPUS FOR WYLIE,TEXAS.
WHEREAS, the City Council of the City of Wylie, Texas ("Citv") has investigated and
determined that the procurement procedure that will provide the best value for the design and
construction of the City's Public Services Campus ("Proiect") is a Design/Build Contract; and
WHEREAS, the City's Engineer is a full-time employee of the City; and
WHEREAS, the City evaluated statements of qualifications and selected a design-build
firm in two (2)phases; and
WHEREAS�;the�City�re� � a request for qualifications and a design criteria package
��' '� �
for the Pro�ect; and �
r;
WHEI�AS;'�.�Pulliari��(�onst� c�n Management, Inc. ("Pulliam") certified to the City
�
"'�` that each engt�ieer or�`architect�"that i� � �einber of its team was selected based on demonstrated
, �.
competence ani��f.t�ttor�s�f» ,"��ner provided by Section 2254.004, Texas Government
a�. ��y;�o-`x� ",,q;;��^ ,�
Code; and '`� ''N'�'�d�i!!��"*�,��,�:.:
WHEREAS;���iE`�C�"'i��uated the statements of qualifications and selected Pulliam
since it offered the best value for the City on the basis of the published selection criteria and on
the City's ranking evaluations; and
WHEREAS, the City has investigated and determined that it has complied with all
requirements set forth in Chapter 271, Texas Local Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION l: The City Manager of the City of Wylie, Texas, is hereby authorized to
execute, on behalf of the City Council of the City, the Design/Build Contract awarded by the
City Council for the Project to Pulliam, a copy of which is attached hereto as Exhibit "A" and
incorporated herein for all purposes ("Contract").
�,.�. SECTION 2: The inspection services, the testing of construction materials engineering
and the verification testing services necessary for acceptance by the City of the Project to which
Resolution No.2011-26(R)
DesignBuild Contract(Pulliam) Page 1
the Contract relates shall be done independently from, and are not a part of, the Contract in ��
acc��rdance with Chapter 271 of the Texas Local Government Code.
SECTION 3: This Resolution shall take effect immediately upon its passage.
RESOLVED,THIS THE l lth day of October, 2011.
.�
�'.
Eric Hogue, Mayor �
ATTESTED TO AND �4 OF �
CORRECTLY RECORDED BY: `���« ��� ��'
%� • __.,.
'w�"w'�'�`►'
role Ehr ch, ity Secretary . ��'�`
Resolution 2011-24(R)—DesignBuild Contract(Pulliam)
Page2
597993.1
�
EXHIBIT "A"
Pulliam Contract
Resolution 2011-24(R)—Design/Build Contract(Pulliam)
Page3
597993.1
�
.���� TM �
�-��-�- Document A141 — 2004
Standard Form of Agreement Between Owner and Design-Builder
IAGREEMENT made as of the_ day of in the year Two
Thoiusand Eleven(2011)
(In tivords, indicate day,,month and Vear.) ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
BETWEEN the Owner:
completion.The author may also
(Name, legkl status, address and other lnformation)
have revised the text of the original
Cify Of Wylie AIA standard form.An Additions and
300 Countty Club ` Deletions Report that notes added
information as well as revisions to
Wylie,TX 75098 the standard form text is available
from the author and should be
reviewed.A vertical line in the left
margin of this document indicates
and'the Desigil-Builder: where the author has added
(1Vatne, legal status, �d�ess and other information) necessary information and where
the author has added to or deleted
Pull:iam Constcuction Manageznent,InC. from the original AIA text.
P. O.Box 1132
WyliO,TX 75098 ' This document has important legal
consequences.Consultation with an
attomey is encouraged with respect --.
to its completion or modification.
far thE f011Owirig ProjeCt: '' Consultation with an attomey is also
(1�'arne, iocation and detailed description) encouraged with respect to
professional licensing requirements
ARE3J File:City of Wylie 940272 0232,Design-Build with Pulliam Construction in the jurisdiction where the Project
City of WyliC is located.
9�9 Hensley Lane
Wylie,TX 75098
Ren�avation to Existing Public Services Facility and Consttuction of a New Public
Ser�ices Facility
The Owner and Design-Buiider agree as follows.
AIA�iocument A141 T""-2004.Copyright O 2004 by The American Institute of Architects.All rights reserved.WARNING:This AIA�Document is protected
Init. by U.S.Copyright Law and International Treaties.Unauthorized reproduMion or distribution of this AIA� Document,or any portion of it,may result in �
severe civil and criminai penalties,and will be prosecuted to the maximum extent possible under the law.7his document was produced by AIA software
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User Notes: (1347633491)
�
TABLE OF ARTICLES
1 '' �HE DESIGN-BUILD DOCUMENTS
2 WORK OF THIS AGREEMENT
3 >� DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 ; CONTRACT SUM
5 ' PAYMENTS
S QISPUTE RESOLUTION
7 M15CELLANEOUS PRQVISIONS
$ ENUMEt�ATION OF TH!E DESIGN-BUILD DOCUMENTS
TABLE OF EXHIBITS
A TERMS AND CDNDITIONS
B'' DETERMINATION QF THE COST OF THE WORK
' C '1NSURANCE AI+IQ BONDS
�
ARTI�LE 1 THE p�SIGN-6UILD DOCUMENTS
§1.1 The Design-Build Documents form the Design-Build Contract.The Design-Build Documents consist of this
Agreement between Ow�er and Design-Builder(hereinafter,the"Agreement")and its attached Exhibits;
Supplementary and other Conditions;Addenda issued prior to execution of the Agreement;the Project Criteria,
including changes;to the Project Criteria proposed by the Design-Builder and accepted by the Owner,if any;the
Desig�-Builder's Proposal and written modifications to the Proposal accepted by the Owner,if any;other
documents listed in this Agreement;and Modifications issued after execution of this Agreement.The Design-Build
Do�uments 51�all not be construed to create a contractual relationship of any kind(1)between the Architect and
�wner,(2)between'tihe Owner and a Contractor or Subcontractor,or(3)between any persons or entities other than
the Owner and Design-Builder,including but not limited to any consultant retained by the Owner to prepare or
review the Project Criteria. An enumeration of the Design-Build Documents,other than Modifications,appears in
Article 8.
§1.2 The Design-Build Contract;represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations,representations or agreements,either written or oral.
§;1.3 The Design-Build Contract may be amended or modified only by a Modification.A Modification is(1)a
written amendment to the Design-Build Contract signed by both parties,(2)a Change Order,(3)a Construction
Change Directive'or(4}a written order far a minor change in the Work issued by the Owner.
>ARTICLE 2 THE WORK OF THE DESIGN-BUILD CONTRACT
§2.1'T'he Uesign'-Builder shall fully execute the Work described in the Design-Build Documents,except to the
extent specif�cally indicated in the Design-Build Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§3.1 The date of commencement of the Work shall be the date of this Agreement unless a difFerent date is stated
below or provision is made for the date to be fixed in a notice issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date
will be fixed in a notice to proceed.)
Init. A�A Document A141 T""—2004.Copyright 8 2004 by The American Institute of Architects.All rights reserved.WARNING:This AIA�Document is protected
by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA� Document,or any poRion of it,may result in 2
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
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If,pniax to the commencement of Work,the Owner requires time to file mortgages,documents related to mechanic's
lien>and'other security interests,the Owner's time requirement shall be as follows:
(Insert Qwner's time requirerrcents.)
§3.e!The Contract Time shall be measured from the date of commencement,subject to adjustments of this Contract
Time as provided in the Uesign-Build Documents.
(Insert provisions, if any,for liquidated damages relating to failure to complete on time or for bonus payments for
early completeon of the&ifork.)
I §3.3�'I'he Design-Builder shall achieve Substantial Completion of the Work not later than 365 days from the date of
eommencement,or�s follows:
(Insf�rt nu�ber of calendar days.Alternatively, a calendar date mav be used when coordinated with the date of
corr�mencemez�t. �nless staled elsewhere in lhe Desagn-Build Documents, insert any requirements for earlier
Sub:�tantial'Completion ofcertain portions of the Work.)
'Portian of Work Substantial Completion Date
ARTICLE 4 CONTRACT SllM ''
§4.1 'The Chvner shall pay the Design-Builder the Contract Sum in current funds for the Design-Builder's �'
performance of the Design-Build Contract.The Contract Sum shall be one of the following:
(ChE,>ck the appropriate box;)
[ '] Stipul�ted Sum in accordance with Section 42 below;
[ ] Cost of the Wark'Plus Design-Builder's Fee in accordance with Section 4.3 below;
I [X ] Cost of the Work'Plus Design-Builder's Fee with a Guaranteed Maximum Price in accordance
with Section 4.4 below.
� (1'�as•ed on�the selec[ion ahove, complete either Section 4.2, 4.3 or 4.4 helow.)
§4.�!STIPUL4TED'SUM
§4.�!1 The Stipulated Sum sliall be ($ ),subject to additions and deductions as provided in the Design-Build
Documents
§4.e!2 The Sripulated Sum is based upon the following alternates,if any,which are described in the Design-Build
Documents and are hereby accepted by the Owner:
§4:e!3 Unit prices,if any,are as follows:
� Description Units Price
§4.e'!4 Allowances,if any,are as follows: �
(Identify and state the amounts of arry allowances, and state whether they include Zabor, materials, or both)
AIA Clocument A147 T""—2004.Copyright O 2004 by The American Institute of Architects.All rights reserved.WARNING:This AIA�Document is protected
Init. by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in 3
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
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��..
� Allowance Amount Included Items
§4.25 Assumptions or qualifications,if any,on which the Stipulated Sum is based,are as follows:
§4.3 COST OF THE WORK PLUS DESIGN-BUILDER'S FEE
§4.3.1 The Cost of the Work is as defined in E�ibit B.
§4.3.2 The Deszgn-Bui�dex's Fee is:
(State a lump sum,percentage of Cost of the Work or otherprovision for determining the Design-Builder's Fee and
tTse method of adjustment to the Fee for changes in the Work.)
§4.4 COST pF TH�WORK PLI�S DESIGN-BUILDER'S FEE WITH A GUARANTEED MAXIMUM PRICE
',§4.4.1 The Cqst of the Work is as defined in E�ibit B,plus the Design-Builder's Fee.
§4.4.2 The Design-Builder's Fee is:
(State a lump sum;percentage af Cost of the Work nr other provision for determining the Design-Builder's Fee and
the method af adj2�stment,xa the'Fee for changes in the Work.)
The Design-Builder's�'ee far overhead and profit for design and construction services shall be five percent(5.0%)
of the Cost of the Work(excluding the cost of design seroices), subject to the limits of the Guaranteed Maximum
Price. This rate shall also apply for Change Orders for the additional Cost of the Work attributable to the change.
� The Design-Builder's Fee'for overhead and profit shall not be applied to the cost of bonds furnished by the Design-
Builder.
§4.4.3 GUARANTEED MAXIMUM PRICE
(Paragraphs deleted)
§4.4:3.1The sum of the�ost of the Work and the Design-Builder's Fee is guaranteed by the Design-Builder not to
e�cceed$3;500,000.00;subject to additions and deductions by changes in the Work as provided in the Design-Build
Documeats. Such maxirnum sum is referred to in the Design-Build Documents as the Guaranteed Maxunum Price.
The Guarairteed Maxirnum Price shall be deternuned as provided in this Section. Within ten(10)days of
completion of the Drawings and Spec�cations to be prepared by the Design-Builder,the Design-Builder shall
submit a prcaposed Guaranteed Ma�mum Price for review and approval by the Owner. The Gi.�aranteed M�imum
Price shall'be cornposed of(i)the Cast of the Work,(2)the Design-Builder's Fee,and(3)such other costs and
contingencies as the(7wner and Design-Builder may mutually agree. The proposal shall also include: (1)a list of
the Drawings and Specif'�cat�ons on which the Guar�uiteed Maximum Price is based,(2)a list of allowances and a
statement of their basis,(3)a list of clarifications,assumptions and qualifications made by the Design-Builder in
preparing the Guaranteed 3viaxunum Price,and(4)a schedule indicating the proposed progress and date of
<Substantial Gompletion of the Work required by the Contract Documents.
The Design-Builder shall meet with the Owner to review the Guaranteed Maximum Price proposal,which shall be
revised as may be'mutually agreed by the Owner and Design-Builder. Upon acceptance by the Owner,the
Guaranteed Maximum Price shall be established by written Change Order. The Change Order shall also establish
those other documents identified above as the Design-Build Documents. Until established by written Change Order,
no budget,estimate or other pricing of the Design-Builder shall constitute the Guaranteed Maximum Price or other
limit on costs.
If the Owiner and Design-Builder are unable to agree on the Guaranteed Maximum Price,the Owner may terminate
this Agreement for its convenience pursuant to Section A.14.4 of Exhibit A,Terms and Conditions.
§4.4.3.2 The Gi.�aranteed Maximum Price is based on the following alternates,if any,which are described in the
Design-Build Documents and are hereby accepted by the Owner:
AIA Document A141 T�"—2004.Copyright O 2004 by The American Institute of Architects.All rights reserved.WARNING:This AIA�Document is proteMed
Init. by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in 4
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
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§4.�.3.3 Unit Prices,if any,are as follows:
Description Units Price($0.00)
§4.44.3.4 Allowances,if any,are as follows:
(Id'e;ntify and state the amounts of any allowances, and state whether they include labor, materials, or both.)
Allowance Amount($0.00) Included Items
§4.4G.3.5 Assumprions,�f any,on which the Guaranteed Maximum Price is based,are as follows:
(Ideintify the assumptions on rvhich the Guaranteed Maximum Price is basecl.)
§4,:i CHANGES IN THE WORK
§4!.�.1 Adjustrnents'of the Contr�ct Sum on account of changes in the Work may be determined by any of the
metliods listad in Artiele>.A.7 of E�►ibit A,Terms and Conditions.
' � §4:.°i.2
ARTICLE 5 PAYMEI�TS
§5.11 PROGRESS PAYMENTS
§5.11.1 Based upon Applications for Payment submitted to the Owner by the Design-Builder,the Owner shall make
' pro�ess paymenis on accat�nt of the Contract Sum to the Design-Builder as provided below and elsewhere in the
Desxgn-Build Documenis. ' �
§5.11.2 Tlze period covered by�each Application for Payment shall be one calendar month ending on the last day of
the anonth;or as follows:
§5,.11.3 Pro�vided that an Application for Payment is received not later than the twenty-fifth day of month,the Owner
shal!t rnake payment'to the Design-Builder not later tl�an the tenth day of the following month. If an Application for
Pay�nent is reeeived by the(�wner afker the application date fixed above,payment shall be made by the Owner not
latei•than twenty j 20)days after the Orvner receives the Application for Payment.
�5.11.4 With each Appl�cation far Payment where the Contract Sum is based upon the Cost of the Work,or the Cost
of tYie Work with a'G�aranteed Maa�imum Price,the Design-Builder shall submit payrolls,petty cash accounts,
' receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner to
demonstrate that cash disbursements already made by the Design-Builder on account of the Cost of the Work equal
or exceed(1)progress payments already received by the Design-Builder,less(2)that portion of those payments
attributable to the Design-Builder's Fee;plus(3)payrolls for the period covered by the present Application for
Payinent. �
§5.11.5 With each,Application for Payment where the Contract Sum is based upon a Stipulated Sum or Cost of the
Wot�k with a Guaranteed M�imum Price,the Design-Builder shall submit the most recent schedule of values in
accc�rdance wit�the Design-Build Documents.The schedule of values shall allocate the entire Contract Sum among
the�✓arions,portions of the Work Compensation for design services shall be shown separately. Where the Contract
Stuzi zs based on',Ihe Cost of the Work with a Guaranteed Maximum Price,the Design-Builder's Fee shall be shown
sepa.rately. The schedule of values shall be prepared in such form and supported by such data to substantiate its
accuiracy as the Owner may require.This schedule of values,unless objected to by the Owner,shall be used as a ,,,�
basis for reviewing the Design-Builder's Applications for Payment.
AIA[locument A741 T""—2004.Copyright O 2004 by The American Institute of Architects.All rights reserved.WARNING:This AIA�Document is protected
Init. by U.S.Copyright Law and Internationai Treaties.Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in 5
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA soHware
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��� §5.1.6 In taking action on the Design-Builder's Applications for Payment,the Owner shall be entiUed to rely on the
accuracy and completeness of the information furnished by the Design-Builder and shall not be deemed to have
made a detailed examinaiion,audit or arithmetic verification of the documentation submitted in accordance with
Sections 5.1.4 or 5.1.5,or other supporting data;to have made exhaustive or continuous on-site inspections;or to
ha�e made e�minations to ascertain how or for what purposes the Design-Builder has used amounts previously
paid on account of the Agreement. Such examinations,audits and verifications,if required by the Owner,will be
perfortned by the Owner's accountants acting in the sole interest of the Owner.
§5.1.7 Except with the Owner's prior approval,the Design-Builder shall not make advance payments to suppliers
for materials or equipment which have not been delivered and stored at the site.
§5.2 PROGRESS PAYM�NITS-STIPULATED SUM
§5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sum shall indicate the
perCentage of completion<of each portion of the Work as of the end of the period covered by the Applicarion for
Payment. '
§5.2Z Snbject to other provisions of the Design-Build Documents,the amount of each progress payment shall be
computed'as follows:
.1 Take 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,less retainage of five percent(5%)on
the`Work,other than services provided by design professionals and other consultants retained directly
by ihe Design-Builder.Pending final deternunation of cost to the Owner of Changes in the Work,
arnounts not in dispute shall be included as provided in Section A.7.3.8 of E�ibit A,Terms and
Condirions;
.2 Add titat�cirtion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at'the site for subsequent incorporation in the completed construcdon(or,if approved
� in'advance',by The Owner,suitably stored off the site at a location agreed upon in writing),less
retainage of five percent(5%);
.3 Subtract the aggregate of previous payments made by the Owner;and
.4 Subtract announts,if any,for which the Owner has withheld payment from or nullified an Application
for Payment as provided in Section A.9.5 of Exhibit A,Terms and Conditions.
§5.23 The progress payment arnount determined in accordance with Section 5.2.2 shall be further modified under
the following circumstances:
.1 add,upon Substantial CompleUon of the Work,a sum sufficient to increase the total payments to the
full amount of the'Contract Sum,less such amounts as the Owner shall detemune for incomplete
Work,retainage applicable to such work and unsettled claims;and
(Sectton A.9.8.6 of F�hibitA, Terms and Conditions requires release of applicable retainage upon
Substantial Completion of Work with consent of surery, if any.)
.2 ,add,if final cOmpletion of the Work is thereafter materially delayed through no fault of the Design-
Builder,any additional amounts payable in accordance with Section A.9.10.3 of Exhibit A,Terms
and Conditions.
§;5.2.4 Reduction nr limitation of retainage,if any,under Section 52.2 shall be as follows:
(If it is intended,prio�#o Substantial Completion of the entire Work, to reduce or limit the retainage resulting from
the percentages iMSerCgd in Sections 5.2.2.I and 5.2.2.2 ahove, and this is not explained elsewhere in the Design-
Build Documents, insert here provisions for such reduction or limitation.)
§5.3 PROGRESS PAYMENTS-COST OF THE WORK PLUS A FEE
§5.3.'1�Vhere the Contract Sum is based upon the Cost of the Work plus a fee without a Guaranteed Maximum
Price,Applications for Payment shall show the Cost of the Work actually incurred by the Design-Builder through
`.�" the end of the period covered by the Application far Payment and for which Design-Builder has made or intends to
make actual payment prior to the next Application for Payment.
Init. AIA Document A741 TM'—2004.Copyright O 2004 by The American Institute of Architects.All rights reserved.WARNING:This AIA�Document is protected
by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in s
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
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§5.3.2 Subject to other provisions of the Design-Build Documents,the amount of each progress payment shall be
computed as follows: �"
.1 Take the Cost of the Work as described in E�ibit B;
.2 Add the Design-Builder's Fee, less retainage of five percent(5%).The Design-Builder's Fee shall
be computed upon the Cost of the Work described in the preceding Section 5.3.2.1 at the rate stated in
Section 4.3.2;or if the Design-Builder's Fee is stated as a fixed sum in that section,an amount which
bears the same ratio to that fixed-sum Fee as the Cost of the Work in the preceding section bears to a
reasonable estimate of the probable Cost of the Work upon its completion;
.3 Subtract the aggregate of previous payments made by the Owner;
A Subtract the shortfall,if any,indicated by the Design-Builder in the documentation required by
Section 5.1!4 or resulting from errors subsequently discovered by the Owner's accountants in such
documentation;and
.5 ' Subtract amounts,if any,for which the Owner has withheld or withdrawn a Certificate for Payment
as provided in the Section A.9.5 of E�ibit A,Terms and Conditions.
§5.2�.3 Retainage in addition to the retainage stated at Section 5.3.2.2,if any, shall be as follows:
§5.3�.4 Except wiih the Owz�er's prior approval,payments for the Work,other than for sen�ices provided by design
profes5ionals and other Consultants retained directly by the Design-Builder, shall be subject to retainage of not less
th�n five p�rcent(5%).The Owner and Design-Builder shall agree on a mutually acceptable procedure for review
and'approval of payments and retention for Contractors.
§5.44 PROGRESS PAYM�NTS-COST OF THE WORK PLUS A FEE WITH A GUARANTEED MAXIMUM PRICE
§5.44.1 Applications far Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a
Guaranteed'Maximum Price shall show the percentage of complerion of each portion of the Work as of the end of
the��eriod eovered'by tlte Appiication for Payment.The percentage of completion shall be the lesser of(1)the �
pereentage of that porti4n of the Work which has actually been completed;ar(2)the percentage obtained by
divi�iing(a}'the eapen�e that has achzally been incurred by the Design-Builder on account of that portion of the
Work for which the Design-Builder has made or intends to make actual payment prior to the next Application for
Payinent by(b)the'share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of
values.
§5.44.2 SubjeCt to other provisions of fhe Design-Build Documents,thc amount of each progress payment shall be
computed as follows:
.1 Take that portion of ttte Guaranteed Maximum Price properly allocable to completed Work as
' determined by multiplying the percentage of completion of each portion of the Work by the share of
' the Guararneed Ma�mum Price allocated to that portion of the Work in the schedule of valucs.
Pending fmal determinarion of cost to the Owner of changes in the Work,amounts not in dispute
shall be included as provided in Section A.7.3.8 of E�ibit A,Terms and Conditions;
.2 Add th�t�ortion of the Guaranteed Maxunum Price properly allocable to materials and equipment
' delivered and st�itably stored at the site for subsequent incorporation in the Work,or if approved in
advance by the Owner,suitably stored off the site at a locarion agreed upon in writing;
.3 Add the Design-Builder's Fee, less retainage of five percent(5%).The Design-Builder's Fee shall
be computed upon the Cost of the Work described in Sections 5.4.2.1 and 5.4.22 at the rate stated in
Section 4:4.2 or,if the Design-Builder's Fee is stated as a fixed sum in that section,shall be an
amount that bears the same rario to that fixed-sum fee as the Cost of the Work in the two preceding
sections bears to a reasonable estimate of the probable Cost of the Work upon its completion;
.4' Subtract the aggregate of previous payments made by the Owner;
.5'' Subtract the shortfall,if any,indicated by the Design-Builder in the documentation required by
Section 5.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently
discovered by the Owner's accountants in such documentation;and
.6 Subtract amounts,if any,for which the Owner has withheld or nullif'ied a Certificate for Payment as
provided in Section A.9.5 of E�►ibit A,Terms and CondiUons. „,�,,,
AIA��ocument A141 TM�—2004.Copyright 8 2004 by The American Institute of Architects.All rights reserved.WARNING:This AIA�Document is protected
Init. by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distributlon of this AIA� Document,or any portion of it,may result in 7
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
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:�„ §5.4.3 Except with the Owner's prior approval,payments for the Work,other than for seroices provided by design
professionals and other consultants retained directly by the Design-Builder, shall be subject to retainage of not less
than�ive percent(5%).The Owner and Design-Builder shall agree on a mutually acceptable procedure for review
a�n�i approval of payments and retention for Contractors.
§5.5 FINAL PAYMENT
§5.5.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the
Design-Builder no later than 30 days after the Design-Builder has fully performed the Design-Build Contract,
including the requirem�nts in Section A.9.10 of E�ibit A,Terms and Conditions,except for the Design-Builder's
responsibility,to correct nqn-conforming Work discovered after final payment or to satisfy other requirements,if
any,which e�end bey�ond'final payment.
ARTICLE 6 pI5PUTE R�S�LUTION
I §6.1 Intentian�lly Deleted.
§6.2 If the parties do not resolve'their dispute through mediation pursuant to Section A.4.3 of E�ibit A,Terms and
Conditions,the meChod of binding dispute resolution shall be the following:
(If the parties do not select a method of binding dispute resolution, then the method of binding dispute resolution
shall be by litigation in a court of competent jurisdiction.)
(Check one.)
[ } Arbitration pursuant to Section A.4.4 of E�►ibit A,Terms and Conditions
I [X ] Litigation in a court of competent jurisdiction
[ ] Qther(Specifyj'
§:6.3 ARBITRATION
� §6.3.1 Intentionally Deleted.
ARTICLE 7 MISCELLANEOUS PROVISIONS
§7.1 The Architect,other!design professionals and consultants engaged by the Design-Builder shall be persons or
entities duly ticensed to practice their professions in the jurisdiction where the Project is located and are listed as
follows:
(Insert name, address, license number, relationship to Design-Builder and other information.)
Nart�e�d Address License Number Relationship to Other Information
Design-Builder
§7.2 Consultants;if any,engaged directly by the Owner,their professions and responsibilities are listed below:
(Insert name, address, license number, if applicable, and responsibilities to Owner and other information.)
Name and Address License Number Responsibilities Other Information
to Owner
§7.3 Separate contractors,if any,engaged directly by the Owner,their trades and responsibilities are listed below:
Init. AIA Document A141""—2004.Copyright O 2004 by The American Institute of Architects.All rights reserved.WARNING:This AIA�Document is proteMed
by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution ot this AIA� Document,or any portlon of it,may result in 8
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
� at 15:44:36 on 10/OS/2011 under Order No.7045488178_1 which expires on 06/11/2012,and is not for resale.
User Notes: (1347633491)
(Insert name, address, license number, if applicable, responsibilities to Owner and other information.)
Name and Address License Number Responsibilities Other Information
to Owner
§7.4�The Owner's Designated Representative is:
(InsRzrt name, address and other information.)
Mindy Manson,City Manager
City of Wylie,Texas
300 Country Club
Wylie,TX�5098
§7.�4,1 The Qwner's De5ignated Representative identified above shall be authorized to act on the Owner's behalf
witla�respect to the Praject ''
§T.�i Tl�e Design-Builder's Designated Representative is:
(Irtsert name, adc�'ess and ofher information.)
To�runy Pulliam,President
Pulli�m Construction Managem�nt,Inc.
P.0�.Box 1'132
Wytie,TX']5098 �
§7.�i.1 The Design-Builder's Designated Representative identified above shall be authorized to act on the Design-
Builder's behalf with respect to the Project.
§7:fi Neither the Owner's nar the Design-Builder's Designated Representative shall be changed without ten days
w•ritten notice to the other party.
§7.7'Other provisions:
' IEacli engineer or architect that is a member of the Design-Build team was selected based on demonstrated
cvmpetence and qualifications in the ma.nner provided by Section 2254.004,Texas Govt. Code.
§7.7'.1 Where reference is made in this Agreement to a provision of another Design-Build Document,the reference
refe�rs to that provision as amended or supplemented by other provisions of the Design-Build Documents.
§7.7'.2 Payments due and unpaid under the Design-Build Contract shall bear interest from the date payment is due at
the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the
Proj ect is located.
��� � (Insa�rt rate of interest agreed upon, if any.)
� Ten percent( 10.00%)per annum.
(Us��ry Zaws andrequirements under the Federal Truth in LendingAct, similar state and local consumer credit laws
arrd o#her regulations at the Owner's and Design-Builder's principal places of business, the location of the Project
and elsewhere may affect the validity of this provision.Legal advice should be obtained with respect to deletions or
mod'ifications, and also regarding requirements such as written disclosures nr waivers.) ,_,,,
AIA Clocument A141 T"�—2004.Copyright�2004 by The American Institute of Architects.All rights reserved.WARNING:This AIA�Document is protected
I�it. by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA� Documerrt,or any portion of it,may result In 9
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.7his document was produced by AIA soflware
� at 15:4436 on 10/OS/2011 under Order No.7045488178_1 which expires on 06/11/2012,and is not for resale.
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,�. ARTICLE 8 ENUMERATION OF THE DESIGN-BUILD DOCUMENTS
§8.1 The Design-Build Documents,except for Modifications issued after execution of this Agreement,are
enuinerated as follows:
§8.1.1 The Agreement is this executed edition of the Standard Form of Agreement Between Owner and Design-
Builder,AIA Document A141-2004.
§8.1.2 The Supplementary and other Conditions of the Agreement,if any,are as follows:
(Etther list applicable documents below or refer to an exhibit attached to thisAgreement.)
' ITitle of the Supplementary and Other Conditions E�ibit:
(Table deleted)
§8.1.3 The�'raject Criteria,including changes to the Project Criteria proposed by the Design-Builder,if any,and
accepted by ihe Owner,consist of the following:
�z#her ldst applicabde documents and their dates below or refer to an exhibit attached to thisAgreement.)
ITitle of the Project Criteria e�ibit:
(7'able deleted)
§8.1.4 The Design'-Buildex's P�'oposal,dated ,consists of the following:
{Either list applicable docurnents below or refer to an exhibit attached to thisAgreernent.)
� Title of the Design-Builder's Proposal:
§8.1.5 Amendments to the Design-Builder's Proposal,if any,are as follows:
(Ei�t�er ldst applecable documenfs below or refer to an�hibit attached to thisAgreement.)
� Title of the Amendments ta Design-Builder's Proposal exhibit:
§8.1.5 The Addenda,if any,are<as follows:
(Either lisC applicable dacuments below or refer to an exhibit attached to thisAgreement.)
� Title of Addenda exhibit:
' � (7'able deleted)
§8.9.7 E�ibit A,Terms and Conditions.
(If the parties agree to substitute ferms and condifions ofher than those contained in AIA DocumentA141-2004,
ExhibitA,,Terrns and'Conditions,then identify such terms and conditions and attach to this�lgreement as Fzhibit
f1.)
§,8.1.8 E�ibit B;'Determination of the Cost of the Work,if applicable.
(If the parties agree to substitute a method to determine the cost ojthe Work other than that contained in f1IA
pocumentA141-2004,Exhibil,B, Determination of the Cost of the Work, then iclentify such other method to
determine the cost o,f the bi'ork and attach to thisAgreement as Ezhibit B.If the Contract Sum is a Stipulated Sum,
then Exhibit B is not applicable.)' "`
§8.1.9 Ext►ibit C,'Insurance and Bonds,if applicable.
(�ompleteAlA DocumentA141-2004, Ezhibit C,Insurance and Bonds or indicate "not applicable.')
§8.1.10 Other documents,if any,forming part of the Design-Build Documents are as follows:
(Either list app�icahle documents below or refer to an exhibit attached to this Agreement.)
AIA Document A147 TM—2004.Copyright O 2004 by The American Institute of Architects.All rights reserved.WARNING:This AIA�Document is protected
Init. by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in ��
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA soflware
� at 15:4436 on 10/O5l2011 under Order No.7045488178_1 which expires on 06/11/2012,and is not for resale.
User Notes: (1347633491)
This,Agreement entered into as of the day and year first written above.
Ciky of',Wylie Pulliam Construction Management, Inc.
By-: By:
OWNER(Signature) DESIGN-BUILDER(Signature)
� Mindy Manson,City Manager Tommv Pulliam,President
(Printed name'and tittej ', (Printed name and title)
AIA Gocument A741 TM'-2004.Copyright 8 2004 by The American Institute of Architects.All rights reserved.WARNING:This AIA�Document is protected
Init. by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may resutt in 11
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
/ at 15:4436 on 10/05/2011 under Order No.7045488178_1 which expires on 06/11/2012,and is not for resale.
User Notes: (1347633491)
�� Additions and Deletions Report for
AIA Document A 141 r""— 2004
This Addifi4ns and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has
added tv 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
patt of Yhe associated AIA document.This Additions and Deletions Report and its associated document were generated
sim�ltaneously by AIA softwa�e at 15:4436 on 10/OS/2011.
PAGE1
aGR�EMENT xnade as of the day of in the year Two Thousand Eleven(2011)
Cit�ylie
300 Countrv Club
Wylie.TX 75048'
Pulliam Constructiion Management.Inc.
� P.'O.Box';.1132
Wvhe13'X?5098`
(Name, location and detailed description)
ARBJ File� Citv of Wylie 940272 0232 Desi�n-Build with Pulliam Construcrion
Citv of Wvlie
949 HensIe�
Wvlie.TX 75U98
Renovation to Existin�Public Services Facilitv and Construction of a New Public Services Facilitv
PAGE3 '
, §'3.3 The'Design-Builder shall achieve Substantial Completion of the Work not later than 365 days from the date of
commencement;'or as follows:
[X ] Cost of the Work Plus Design-Builder's Fee with a Guaranteed Maximum Price in accordance
with Section 4.4 below.
pescription Units Price(SA:DO�
PAGE 4 '
Additions and Deletions RepoR for AIA Document A141 T"'—2004.Copyright O 2004 by The American Institute of Architects.All rights reserved.
WARNING:This AIA� Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA� �
Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum eztent possible under the law.
This document was produced by AIA software at 15:4436 on 10/OS/2011 under Order No.7045488178_1 which expires on 06/11/2012,and is not for resale.
User Notes: (1347633491)
Allowance Amount{$0:00� Included Items
The Desi�-Builder's Fee for overhead and profit for desi�►and construction services shall be five percent(5.0%)
of the Cost of the Work(excludin�the cost of design services),subject to the limits of the Guar�urteed Maximum
Prioe. This rate shall also applv for ChanQe Orders for the additional Cost of the Work attributable to the change.
The'DesiQn-Builder's Fee for overhead and urofit shall not be anplied to the cost of bonds furnished bv the Desi�n-
>Builder.
a
� .
��
��.3.1The sum of the Cost o#'the Work and the Design-Builder's Fee is�uaranteed bv the Design-Builder not to
exce,ed$3.Sfl0.000.0f�,snbject to additions and deductions bv changes in the Work as provided in the Desi -gn�
Doeuments. Such maYitnum sum is referred to in the Desipn-Build Documents as the Guaranteed Maximum Price.
The Gnaranteed Maximum Price shall be determined as nrovided in this Section. Within ten(10)da�
cornnletion of the Drawin s��d SpecificaUons to be prenared bv the Desien-Builder_the Design-Builder shall
subrrut a prcyposed Guaranteed 1Vlaximum Price for review and approval bv the Owner. The Guaranteed M�imum
Pric�,shall be camnoszd of�ll'the Cost of the Work(2)the Design-Builder's Fee,and(3)such other costs and
contingencies as the Owner''and Desi�n-Builder may mutuall��ree. The proposal shall also include: (1)a list of �
the'lllrawin�;s and Speeif'ications on which the Guaranteed MaYimum Price is based.(2)a list of allowances and a
stat�ment of their basis.(3)`<a'list of clarifications.assumptions and aualifications made bv the Desipn-Builder in
prer�arin�the Guaraateed Maximum Frice.and(41 a schedule indicating the proposed pro�ress and date of
SubStantial`Cam,pl�tit�n of the Work reauired bv the Contract Documents.
The Desi�u:Builder shall meet with the Owner to review the Guaranteed Maximum Price pronosal,which shall be
revi4ed as may be mutuallv a er�v the Owner and Design-Builder. Upon acceptance bv the Owner,the
Guaranteed Maximum Price shall be established b�written Chan�e Order. The Chan�e Order shall also establish
those ot�tez'documents identi�ied abo�e as the Desi�n-Build Docutnents. Until established bv written Change Order
na budget.estiznate ox other pricin�of the Desi�n-Builder shall constitute the Guaranteed Maximum Price or other
liznit on costs.
If the Owner and Design-�uilder are unable to agree on the Guaranteed Maximum Price,the Owner mav terminate
this A�eement for its convenienee pursuant to Section A.14.4 of E�ibit A.Terms and Conditions.
PAGE 5 >
§4.5�.2 . . . . .
�` >
Additions and Deletions Report for AIA Document A741 T""—2004.Copyright 8 2004 by The American Institute of Architects.All rights reserved.
WARINING:This AIA�Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA� 2
Document,or any portion of it,may result in severe civil and criminal penalties,and wili be prosecuted to the maximum extent possible under the law.
This clocument was produced by AIA software at 15:44:36 on 10/05/2011 under Order No.7045488178_1 which expires on 06/11/2012,and is not for resale.
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„�,,. §5.1.3 Provided that an ApplicaUon for Payment is received not later than the twentv-fifth day of month,the Owner
shall make payment to the Design-Builder not later than the tenth day of the followin�month. If an Application for
Payment is received by the Owner after the application date fixed above,payment shall be made by the Owner not
lat�r than twen (2�days after the Owner receives the Application for Payment.
PAGE6
.1 Take 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,less retainage of five nercent(5%)on
the Work,pther than services provided by design professionals and other consultants retained directly
by the Design-Builder.Pending final determination of cost to the Owner of Changes in the Work,
amounts not in dispute shall be included as provided in Section A.7.3.8 of Exhibit A,Terms and
Conditions;
.2' Add that portxon 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),less
retainage of ve percent(5%);
PAGE 7
.2 Add the Design-Builder's Fee,less rctainage of five nercent(5%).The Design-Builder's Fee shall
be computed upon the Cost of the Work described in the prececiing Section 5.32.1 at the rate stated in
Section�.3.2;or'if the Design-Builder's Fee is stated as a fixed sum in that section,an amount which
bears the sarne ratio to that fixed-sum Fee as the Cost of the Wark in the preceding section bears to a
reasonable estimate of the probable Cost of the Work upon its completion;
§5.3.4 Except with the Owner's prior approval,payments for the Work,other than for services provided by design
professionals and other consultants retained directly by the Design-Builder, shall be subject to retainage of not less
fhan five percent(S°fo).The Owner and Design-Builder shall agree on a mutually acceptable procedure for review
and approval of payments and retention for Contractors.
.3 Add the Design-Builder's Fee,less retainage of five percent(5%).The Design-Builder's Fee shall
be computed upon tt►e Cost of the Work described in Sections 5.4.2.1 and
5:4.2.2 at the rate stated in Section 4.42 or,if the Design-Builder's Fee is stated as a fixed sum in that
section; shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work in
, the two preceding sections bears to a reasonable estimate of the probable Cost of the Work upon its
completion;
PAGE 8
§5.4.3 Except with the Owner's prior approval,payments for the Work,other than for secvices provided by design
professionals and other'consultants retained directly by the Design-Builder, shall be subject to retainage of not less
than five percent(5%).The Owner and Design-Builder shall agree on a mutually acceptable procedure for review
and approval of payments and retention for Contractars.
§S.1 • •
, . , . , , . Intentionallv
Deletecl.
Additions and Deletions Report for AIA Document A741'”—2004.Copyright O 2004 by The American Institute of Architects.All rights reserved.
WARNING:This AIA�Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA� 3
Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.
This document was produced by AIA soflware at 15:44:36 on 10/OSl2011 under Order No.7045488178 1 which expires on O6/11/2012,and is not for resale.
User Notes: (1347633491)
[X ] Litigation in a court of competent jurisdiction
§6.3�.1
�' . .Intentionallv Deleted.
PAGE 9
NTindv Mansan.Citv Manager
C�of Wv1ie.Texas
3�0'Cauntrv�lub ''
�ie.TX 75048
Tonimy Puliiam President
Pull:iam Construction Management,Inc.
P.t7�.Box 1132
W�ie,TX 75098 '
' Eacli en�ineer ar architect that is a member of the Desi�n-Build team was selected based on demonstrated
competence and qualifications in the manner provided bv Section 2254.004.Texas Govt. Code. �
Tenpercent( 1�.00%)per annuzrt.
PAG�E 1Q '
Title of the Supplementarv and Other Conditions E�►ibit:
�es�e� �!e �aQes
Tit1e of the Pr�ject Criteria e�ibit:
�i�e Sa#e
Titie of the Desigr►-Builder's Proposal:
Title;of the Amendments to Desi�n-Builder's Pronosal exhibit:
Add'H,ions and Deletions Report for AIA Document A747 T"'—2004.Copyright O 2004 by The American Institute of Architects.All rights reserved.
WARNING:Thls AIA�Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproductlon or dlstrlbution of this AIA� 4
Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.
This ciocument was produced by AIA soflware at 15:44:36 on 10/05/2011 under Order No.7045488178_1 which expires on O6/11/2012,and is not for resale.
User Notes: (1347633491)
� Tifle of Addenda e�ibit:
�eF 9a�e �ages
P,4GE 11
Citv of Wvlie Pulliam Construction Manapement. Inc.
�Y: �
Mindv Manson.Citv Mana�er Tommv PulliamPresident
�
Additions and Deletions Report for AIA Document A141 T"'—2004.Copyright 8 2004 by The American Institute of Architects.All rights reserved.
WARNING:This AIA� Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'� 5
Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.
This document was produced by AIA software at 15:44:36 on 10/OS/2011 under Order No.7045488178_1 which expires on 06/11/2012,and is not for resale.
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Certification of Document's Authenticity �
AIA�Qocument D401 T"" — 2003
I, ,1lereby certify,to the best of my knowledge,information and belief,that I created the attached final document
sim�;tltaneously with its associated Additions and Deletions Report and this certification at 15:44:36 on 10/OS/2011
unde;r Order No.7045488178_1 from AIA Contract Documents software and that in preparing the attached final
doc�;iment I made no changes to the original text of AIA�Document A141T`�—2004, Standard Form of Agreement
Betv�veen Owner and Design-Builder,as published by the AIA in its software,other than those additions and
dele�tions shown in the associated Additions and Deletions Report.
� (Sig»ed)
(Title)
(Drued) �'
AIA D�ocument D401 n"—2003.Copyright O 1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA�Document is
protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA� Document,or any poRion of it, �
may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by
AIA software at 15:4436 on 10lOSl2011 under Order No.7045488178_1 which expires on 06/11/2012,and is not for resale.
User Notes: (1347633491)