HomeMy WebLinkAboutIntegrated Community Development - Design Contract - 07.20.23DESIGN CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a
California municipal corporation (City), and INTEGRATED COMMUNITY
DEVELOPMENT, a limited liability company (Design -Build Entity), as follows:
RECITALS
WHEREAS, the City desires to obtain professional design services for the design
of plans and general construction contract documents for the Senior Activity Center at
4343 North Blackstone Avenue (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 [DESIGN -BUILDER
NAME] and it's sub -consultants, including architects and engineers from [SUB -
CONSULTANTS NAME], 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 Department of
Public Works 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 Senior Activity Center at 4343 North
Blackstone Avenue, 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 $634,117, 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
1
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
issuance of a written "Notice to Proceed" for such additional phase(s). It shall,
however, remain Design -Builder's offer to perform all remaining phases described
herein. In the event Design -Builder performs without City's prior written
authorization, Design -Builder will not be entitled to compensation for such
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.
[SIGNATURES FOLLOW ON THE NEXT PAGE]
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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. --
CITY OF FRESNO,
A California municipal corporation
By:� .�� for
Scott Mozier
Public Works Director
Public Works Department
Dated: 07/20/2023
APPROVED AS TO FORM:
ANDREW JANZ
City or
By:
Bra Collet
Supervising Deputy City Attorney
City AttorVy's Office
1�M
ATTEST:
TODD STERMER, CMC
City Clerk
By:
riito-p�--Irlm
Deputy
Dated:
Addresses:
CITY:
City of Fresno
Attention: Mike Mooneyham, PE,
Professional Engineer
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-8623
E-mail: mike.mooneyham@fresno.gov
INTEG
DEVEL
A limiX
Name: _� e_s
Title: 1
(if corporat n or LLC., Board Chair,
Pres. or Vice Pres.)
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By: vt
r
Name: anti V1 t D
Title:�ZG�
(If corporation &- LC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Mike Mooneyham, PE
Professional Engineer
Public Works Department
DESIGN -BUILDER:
INTEGRATED COMMUNITY
DEVELOMPENT
Attention: Jake Lingo, Senior Vice
President
20750 Ventura Boulevard, Suite 155
Woodland Hills, CA 91364
Phone: 818-974-2966
E-mail: jakelingo@icdemail.com