DESIGN CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and SWINERTON BUILDERS, a California corporation (Design-Builder), as follows:
RECITALS
WHEREAS, the City desires to obtain professional design services for the design of plans and general construction contract documents for the Parking Automation and Video Surveillance (Project); and
WHEREAS, the City desires to utilize a Progressive Design Build delivery method to design and build the Project; and
WHEREAS, the selected design-build team composed of SWINERTON BUILDERS and it's sub-consultants, including architects and engineers from WALKER CONSULTANTS, shall provide design services and hereby represents that it desires to and is professionally and legally capable of performing the services call for by this Agreement; and
WHEREAS, this Agreement will be administered for the City by its Capital Projects Department Director (Director) or designee.
1. Contract Documents. The "Request for Qualifications", "Specifications", the "DBIA Progressive Design Build Agreement", as modified, and the "DBIA Standard Form of General Conditions of Contract Between Owner and Design-Builder", as modified, for design services related to a Parking Automation and Video Surveillance at Downtown Fresno Parking Facilities, copies of which are annexed hereto as part of Exhibit 1, together with all the documents specifically referred to in said annexed documents, are hereby incorporated into and made part of this Contract, and shall be known as the Contract Documents.
2. Price. For the monetary consideration of $601,521, as set forth in Exhibit 1, Design-Builder promises and agrees to perform or cause to be performed, in a good and workmanlike manner, and to the satisfaction of the City, and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents.
3. Payment. The City accepts the Design-Builder's Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. The Design-Builder agrees to accept electronic payment from the City.
4. Scope of Services. Design-Builder shall perform the services described herein and in Exhibit 1 to complete the design of the Project more fully described in Exhibit 1, and this shall include all work incidental to, or necessary to perform, such design services even though not specifically described in Exhibit 1. By entry into this Agreement and upon City's issuance of a written "Notice to Proceed", City contracts for the services in Phase One for design. Design-Builder shall not perform any other Phase of the Agreement, and this Agreement shall not be a contract for any other Phase, until further performance is authorized by City's 1 ATTACHMENT 1
ATTACHMENT 2
Amy K. Aller
Interim City Clerk