HomeMy WebLinkAboutQ&D Construction Design-Build Contract No. 3 - 3-7-2023VUI.Uolyl I CI IVCIUPU I V. JMr CD7 / lJ-'ir V5-4U V/Y-OLl'V-L I LJ V V I.iVL/iJ 1
DESIGN -BUILD CONTRACT
AMENDMENT NO. 3
THIS CONTRACT AMENDMENT NO. 3 is made and entered into by and between the
CITY OF FRESNO, a California municipal corporation (City), and Q&D Construction, a
Nevada Limited Liability Company (Design -Builder), as follows:
RFCITALS
WHEREAS, Council approved the Phase 1 Design Contract on March 19, 2020,
for specified Design -Build Design phase services, including all sub -consultant,
subcontractor, and reimbursable costs for the Terminal Expansion at Fresno Yosemite
International Airport (Project); and
WHEREAS, The City Council on September 16, 2021, approved Amendment No.
1 which authorizes additional design cost associated with a second CBIS scheme as
required by the Transportation Security Administration (TSA) increasing the contract by
$465,000 to $8,915,000; and
WHEREAS, The City Council on September 29, 2022, approved Amendment No.
2 which authorizes additional design and preconstruction services associated with
optimizing the training room required by the Transportation Security Administration (TSA)
increasing the contract by $1,378,974 to $10,293,974; and
WHEREAS, the City now desires to execute Phase 2 of the Design -Build Contract
for construction of the Terminal Expansion at Fresno Yosemite International Airport
(Project); and
WHEREAS, the selected design build team is composed of Q&D Construction
(Design/Builder) and it's sub -consultants including architect and engineers from CSHQA,
shall provide Phase 2 construction services and hereby represents that it desires to and
is professionally and legally capable of performing the services called for by this
Agreement; and
WHEREAS, this Agreement will be administered for the City by its Airports
Department Director (Director) or designee.
AGREEMENT
NOW THEREFORE, the parties agree that the Agreement be amended as
follows:
1. Contract Documents. The "Progressive Design Build Agreement" in its
entirety, as modified, for all services related to a Terminal Expansion at Fresno Yosemite
International Airport, copies of which are annexed hereto as part Exhibit 1, together with
all the documents specifically referred to in said annexed documents are hereby
incorporated into and made a part of this Contract and shall be known as the Contract
Documents.
2. Price. For the monetary consideration of $137,162,837 as set forth in
Exhibit 1, Design -Builder has substantially performed Phase 1 (design and
preconstruction activities) and 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.
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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. Scone of Services. Design -Builder shall perform the services described
herein and in Exhibit 1 to complete the Project more fully described in Exhibit 1, and this
shall include all work incidental to, or necessary to perform, such 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 for Phase 2 work," City contracts for the services
in Phase Two for construction services.
The DBIA Design Build Agreement (Agreement), as modified, contains additional
terms and conditions related to this Contract. In the event of a conflict between this
Contract and the Agreement, this Contract shall take precedence. However, if this
Contract does not address a legal issue for this Project, the parties shall be governed by
the provisions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Contract on the day and
year here below written, of which the date of execution by the City shall be subsequent
to that of the Design -Builder's, and this Contract shall be binding and effective upon
execution by both parties.
[SIGNATURES FOLLOW ON THE NEXT PAGE]
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LJUL'U01Yl I OIvtflu t: IV. IcJuul.uLmv I
CITY OF FRESNO,
A California municipal corporation
rk�usBy: I'I�oK,psoti
Henry hompson
Director of Aviation
Dated: 3/6/2023
APPROVED AS TO FORM:
ANDREW JANZ
City Ajtor by.-.-
'Brandon M. Collet DMe
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
D—S,g-.5 by 3 / 7/ 2 02 3
By
Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: Henry Thompson
Director of Aviation
4995 E Clinton Way
Fresno, CA 93727
Phone: (559) 621-4600
FAX: (559) 251-4825
Q&D Construction,
A Nevada Limited Liability Company
M
Name: Duane Boreham
Title: Vice President
(if corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By: ,
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
DESIGN -BUILDER:
Q&D Construction
Attention: Duane Boreham
Vice President
1050 South 215t Street
Sparks, NV 89431
Phone: (775) 302-6425
FAX: (775) 786-5136
Attachment:
Exhibit 1 — Contract Documents including Scope of Services
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