REPORT TO THE CITY COUNCIL
FROM: DENIX D. ANBIAH, PE, Director
Capital Projects Department
JENNIFER K. CLARK, AICP, Director
Planning and Development Department
BY: francisco V. magos II, PE, Assistant Director
Capital Projects Department, On-Site Project Management Division
ARMANDO CERVANTES, Project Manager
Capital Projects Department, On-Site Project Management Division
SUBJECT
Title
Approve Design-Build Contract Amendment No.2 to change the Design-Builder’s name from Swinerton Builders, LLC., to Swinerton Builders, a California Corporation, for the Parking Automation and Video Surveillance Project. This Second Amendment shall not include any additional changes to terms or monetary consideration. (Council District 3)
Body
RECOMMENDATION
Staff recommends the City Council approve Design-Build Contract Amendment No.2 to change the Design-Builder’s name from Swinerton Builders, LLC., to Swinerton Builders, a California Corporation, and authorize the Capital Projects Director or designee to sign all documents on behalf of the City of Fresno.
EXECUTIVE SUMMARY
The Capital Projects Department (CPD) and Planning and Development Department (P&D) have completed Phase one of the Parking Automaton and Video Surveillance Project, which included, schematic design, cost estimation, schedule development, and other preconstruction services. Additionally, CPD and P&D have initiated Phase Two Construction Services necessary to finalize design and construct the Project through the First Amendment to the Original Design-Build Contract.
Staff inadvertently listed the Design-Builder’s legal entity name as Swinerton Builders, LLC., through execution of the First Amendment to the Original Design-Build Contract. CPD and P&D now seek to amend the Progressive Design-Build Agreement with Swinerton Builders to correct the Design-Builder’s name from Swinerton Builders, LLC to Swinerton Builders, a California Corporation. Design-Build Contract Amendment No.2 shall not include any additional changes to terms or monetary consideration.
BACKGROUND
In May 2023, Council approved the use of Fresno Municipal Code Section 4-502(d), Design-Build Qualification Method of procurement for the Project. Through a competitive, qualifications-based procurement process, the Capital Projects Department (CPD) advertised a Request for Qualifications (RFQ), and Swinerton Builders was selected as the Design-Builder for the Project. On June 13, 2024, Council awarded the Phase One Preconstruction Services portion of the Progressive Design-Build Agreement to Swinerton Builders in the amount of $601,521. The Phase One Preconstruction Services portion of the Progressive Design-Build Contract was funded through Fiscal Year (FY) 2024 appropriations from General Fund.
Included in Phase One Preconstruction Services were basis-of-design and plan development, and cost assessment. The Project consists of the removal and replacement of the existing parking access and revenue control systems (PARCS), along with the integration of security surveillance cameras at the following parking facilities: The Convention Center Garage, Spiral Garage, and Underground Garage, all located within downtown Fresno.
On December 18, 2025, Council awarded Phase Two Construction Services portion of the Progressive Design-Build Agreement including the completion of design services for the Project, the procurement of all materials and equipment for the Project, the performance of construction services for the Project, the start-up, testing, and commissioning of the Project, and the provision of warranty services. The Phase Two portion of the contract included a guaranteed maximum price (GMP) for construction of $2,287,859.
Staff inadvertently listed the Design-Builder’s legal entity name as Swinerton Builders, LLC., through execution of the First Amendment to the Original Design-Build Contract. Staff now recommends City Council approve Design-Build Contract Amendment No.2 to correct the Design-Builder’s name from Swinerton Builders, LLC., to Swinerton Builders, a California Corporation and authorize the Capital Projects Director or designee to sign all documents on behalf of the City of Fresno. Design-Build Contract Amendment No.2 shall not include any additional changes to terms or monetary consideration.
The City Attorney’s Office has reviewed and approved the Design-Build Contract Amendment No.2 as to form.
ENVIRONMENTAL FINDINGS
Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, this is not a “project” as defined by CEQA.
LOCAL PREFERENCE
Local preference does not apply. The Fresno Municipal Code does not require local preference for design-build projects.
FISCAL IMPACT
The Parking Automation and Video Surveillance Project is located in Council District 3. The Project is funded through a combination of General Fund and American Rescue Plan Act (ARPA) Funds.
Attachments:
Design-Build Contract Amendment No.2 with Original and Amendment 1 attached
Location Map
Vicinity Map