HomeMy WebLinkAboutNeubert, Aaron Architects - Cottage Homes Program - 2021 DocuSign Envelope ID:9200lD85-9EBA-4061-BD2A-E88EE70DC38B
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effect on A Qri' 4 2A. 2_01 by and
between the CITY OF FRESNO, a California municipal corporation (City), and Aaron
Neubert Architects, Incorporated (Consultant).
RECITALS
WHEREAS, the City desires to obtain professional architectural services for the Cottage
Homes Program (Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as an
architectural firm and hereby represents that it desires to and is professionally and legally
capable of performing the services called for by this Agreement; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19;
and
WHEREAS, this Agreement will be administered for the City by its Planning and
Development Director (Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. Scope of Services. The Consultant shall perform to the required specifications
provided by the City for the services described in Exhibit A, including all work
incidental to, or necessary to perform, such services even though not specifically
described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above (Effective Date) and shall continue in full force
and effect through June 30, 2022, subject to any earlier termination in accordance
with this Agreement. The services of the Consultant as described in Exhibit A are
to commence upon the Effective Date and shall be completed in a sequence
assuring expeditious completion, but in any event, all such services shall be
completed prior to expiration of this Agreement and in accordance with any
performance schedule set forth in Exhibit A.
3. Compensation.
(a) The Consultant's sole compensation for performance of all services
required or rendered pursuant to this Agreement shall be a total fee not to
exceed $156,625.00, paid on the basis of the rates set forth in the schedule
of fees and expenses contained in Exhibit A.
(b) Detailed statements shall be rendered monthly for services performed in the
preceding month and will be payable in the normal course of City business.
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The City shall not be obligated to reimburse any expense for which it has
not received a detailed invoice with applicable copies of representative and
identifiable receipts or records substantiating such expense.
(c) The parties may, by mutual agreement, modify this Agreement to increase
or decrease the scope of services or provide for the rendition of services
not required by this Agreement, which modification shall include an
adjustment to the Consultant's compensation. Any change in the scope of
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an authorized representative for each party. The Consultant shall not be
entitled to any additional compensation if services are performed prior to a
signed written amendment.
4. Termination, Remedies and Force Maieure.
(a) This Agreement shall terminate without any liability of the City to the Consultant
upon the earlier of: (i) the Consultant's filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by
a third party against the Consultant-, (ii) seven calendar days prior written notice
with or without cause by the City to the Consultant; (iii) the City's non-appropriation
of funds sufficient to meet its obligations hereunder during any City fiscal year of
this Agreement, or insufficient funding for the Project; or (iv) expiration of this
Agreement.
(b) Immediately upon any termination or expiration of this Agreement, the Consultant
shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of
its subcontractors to cease work; and (iii) return to the City any and all unearned
payments and all properties and materials in the possession of the Consultant that
are owned by the City. Subject to the terms of this Agreement, the Consultant
shall be paid compensation for services performed prior to the effective date of
termination. The Consultant shall not be paid for any work or services performed
or costs incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to perform in accordance
with the terms of this Agreement, the City may withhold an amount that would
otherwise be payable as an offset to, but not in excess of, the City's damages
caused by such failure. In no event shall any payment by the City pursuant to this
Agreement constitute a waiver by the City of any breach of this Agreement which
may then exist on the part of the Consultant, nor shall such payment impair or
prejudice any remedy available to the City with respect to the breach.
(d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise
any right, remedy (in contract, law or equity), or privilege which may be available
to it under applicable laws of the State of California or any other applicable law, (ii)
proceed by appropriate court action to enforce the terms of the Agreement; and/or
(iii) recover all direct, indirect, consequential, economic and incidental damages
for the breach of the Agreement. If it is determined that the City improperly
terminated this Agreement for default, such termination shall be deemed a
termination for convenience.
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(e) The Consultant shall provide the City with adequate written assurances of future
performance, upon Administrator's request, in the event the Consultant fails to
comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is caused by an
occurrence beyond the reasonable control of the Consultant and without its fault
or negligence such as, acts of God or the public enemy, acts of the City in its
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes,
unusually severe weather, and delays of common carriers. The Consultant shall
notify Administrator in writing as soon as it is reasonably possible after the
commencement of any excusable delay, setting forth the full particulars in
connection therewith, and shall remedy such occurrence with all reasonable
dispatch, and shall promptly give written notice to Administrator of the cessation of
such occurrence.
5. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by the
Consultant pursuant to this Agreement shall not be made available to any
individual or organization by the Consultant without the prior written
approval of the Administrator. During the term of this Agreement, and
thereafter, the Consultant shall not, without the prior written consent of the
City, disclose to anyone any Confidential Information. The term Confidential
Information for the purposes of this Agreement shall include all proprietary
and confidential information of the City, including but not limited to business
plans, marketing plans, financial information, materials, compilations,
documents, instruments, models, source or object codes and other
information disclosed or submitted, orally, in writing, or by any other medium
or media. All Confidential Information shall be and remain confidential and
proprietary in the City.
(b) Any and all writings and documents prepared or provided by the Consultant
pursuant to this Agreement are the property of the City at the time of
preparation and shall be turned over to the City upon expiration or
termination of the Agreement. The Consultant shall not permit the
reproduction or use thereof by any other person except as otherwise
expressly provided herein.
(c) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as the Consultant represents to the City that the
Consultant and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to perform
the services agreed to be done by it under this Agreement, the City relies upon the
skill of the Consultant and any subcontractors to do and perform such services in
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a skillful manner and the Consultant agrees to thus perform the services and
require the same of any subcontractors. Therefore, any acceptance of such
services by the City shall not operate as a release of the Consultant or any
subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, the Consultant shall
indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers from any and all loss, liability, fines, penalties,
iurienuFes, cuss and uarrrages (whethle r :1n contract, Wilt or strict nabilIty, nrcruurng
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or
relate to the negligence, recklessness or willful misconduct of the Consultant, its
principals, officers, employees, agents, or volunteers in the performance of this
Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor
to indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in the
Best's Insurance Rating Guide, or(ii) as may be authorized in writing by the
City's Risk Manager or designee at any time and in his/her sole discretion.
The required policies of insurance as stated in Exhibit B shall maintain
limits of liability of not less than those amounts stated therein. However,
the insurance limits available to the City, its officers, officials, employees,
agents, and volunteers as additional insureds, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds
to the named insured.
(b) If at any time during the life of the Agreement or any extension, the
Consultant or any of its subcontractors/sub-consultants fail to maintain any
required insurance in full force and effect, all services and work under this
Agreement shall be discontinued immediately, and all payments due or that
become due to the Consultant shall be withheld until notice is received by
the City that the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period satisfactory to
the City. Any failure to maintain the required insurance shall be sufficient
cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Consultant of its
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responsibilities under this Agreement. The phrase "fail to maintain any
required insurance" shall include, without limitation, notification received by
the City that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by the Consultant shall not be deemed
to release or diminish the liability of the Consultant, including, without
limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify the City shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the
Consultant. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of the Consultant,
its principals, officers, agents, employees, persons under the supervision of
the Consultant, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
(d) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with the Consultant and the City prior to the commencement of any services
by the subcontractor. The Consultant and any subcontractor/sub-
consultant shall establish additional insured status for the City, its officers,
officials, employees, agents, and volunteers by using Insurance Service
Office (ISO) form CG 20 10 11 85 or both CG 20 10 10 01 and CG
20 37 10 01 or by an executed manuscript company endorsement providing
additional insured status as broad as that contained in ISO Form CG
20 10 11 85.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to the City's execution of this Agreement, the Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the
form as set forth in Exhibit C. During the term of this Agreement, the
Consultant shall have the obligation and duty to immediately notify the City
in writing of any change to the information provided by the Consultant in
such statement.
(b) The Consultant shall comply, and require its subcontractors to comply, with
all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state, and local
conflict of interest laws and regulations including, without limitation,
California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.) and the
regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et.
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seq.). At any time, upon written request of the City, the Consultant shall
provide a written opinion of its legal counsel and that of any subcontractor
that, after a due diligent inquiry, the Consultant and the respective
subcontractor(s) are in full compliance with all laws and regulations. The
Consultant shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of
any facts giving rise to the appearance of a conflict of interest, the
Consultant shall immediately notify the City of these facts in writing.
(c) In performing the work or services to be provided hereunder, the Consultant
shall not employ or retain the services of any person while such person
either is employed by the City or is a member of any City council,
commission, board, committee, or similar City body. This requirement may
be waived in writing by the City Manager, if no actual or potential conflict is
involved.
(d) The Consultant represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit,
or procure this Agreement or any rights/benefits hereunder.
(e) Neither the Consultant, nor any of the Consultant's subcontractors
performing any services on this Project, shall bid for, assist anyone in the
preparation of a bid for, or perform any services pursuant to, any other
contract in connection with this Project unless fully disclosed to and
approved by the City Manager, in advance and in writing. The Consultant
and any of its subcontractors shall have no interest, direct or indirect, in any
other contract with a third party in connection with this Project unless such
interest is in accordance with all applicable law and fully disclosed to and
approved by the City Manager, in advance and in writing. Notwithstanding
any approval given by the City Manager under this provision, the Consultant
shall remain responsible for complying with Section 9(b), above.
(f) If the Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the Consultant
shall include the provisions of this Section 9 in each subcontract and require
its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Program. In the event the Consultant maintains an office or operates a
facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, the Consultant at its sole cost and
expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City's Solid Waste Management Division, for
each office and facility. Literature describing the City recycling programs is
available from the City's Solid Waste Management Division and by calling
City of Fresno Recycling Hotline at (559) 621-1111.
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(b) Immediately contact the City's Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of the City's Solid Waste
Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, and not otherwise specifically
provided for, shall be effective only if signed by the Administrator or
designee.
(b) Records of the Consultant's expenses pertaining to the Project shall be kept
on a generally recognized accounting basis and shall be available to the
City or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required by law. In addition,
all books, documents, papers, and records of the Consultant pertaining to
the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If
any litigation, claim, negotiations, audit or other action is commenced before
the expiration of said time period, all records shall be retained and made
available to the City until such action is resolved, or until the end of said
time period whichever shall later occur. If the Consultant should
subcontract all or any portion of the services to be performed under this
Agreement, the Consultant shall cause each subcontractor to also comply
with the requirements of this paragraph. This Section 11(b) shall survive
expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall have
provided evidence to the City that the Consultant is licensed to perform the
services called for by this Agreement (or that no license is required). If the
Consultant should subcontract all or any portion of the work or services to
be performed under this Agreement, the Consultant shall require each
subcontractor to provide evidence to the City that subcontractor is licensed
to perform the services called for by this Agreement (or that no license is
required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, the Consultant agrees as follows:
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(a) The Consultant will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era be excluded from
participation in, be denied the benefits of, or be subject to discrimination
under any program or activity made possible by or resulting from this
Aareement.
(b) The Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. The Consultant shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to the Consultant's employment
practices including, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination
clause.
(c) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) The Consultant will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of the Consultant's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant
is acting solely as an independent contractor. Neither the Consultant, nor any of its
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officers, agents, or employees shall be deemed an officer, agent, employee, joint
venturer, partner or associate of the City for any purpose. The City shall have no right to
control or supervise or direct the manner or method by which the Consultant shall perform
its work and functions. However, the City shall retain the right to administer this
Agreement so as to verify that the Consultant is performing its obligations in accordance
with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture
between the Consultant and the City. The Consultant shall have no authority to bind the
City absent the City's express written consent. Except to the extent otherwise provided
in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, the Consultant
and its officers, agents, and employees shall have absolutely no right to employment
rights and benefits available to the City employees. The Consultant shall be solely liable
and responsible for all payroll and tax withholding and for providing to, or on behalf of, its
employees all employee benefits including, without limitation, health, welfare and
retirement benefits. In addition, together with its other obligations under this Agreement,
the Consultant shall be solely responsible, indemnify, defend and save the City harmless
from all matters relating to employment and tax withholding for and payment of the
Consultant's employees, including, without limitation, (i) compliance with Social Security
and unemployment insurance withholding, payment of workers' compensation benefits,
and all other laws and regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in the City employment benefits,
entitlements, programs and/or funds offered employees of the City whether arising by
reason of any common law, de facto, leased, or co-employee rights or other theory. It is
acknowledged that during the term of this Agreement, the Consultant may be providing
services to others unrelated to the City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or
at such other address as the parties may from time to time designate by written
notice. Notices served by United States mail in the manner above described shall
be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants,
employees, and representatives.
16. Assignment.
(a) This Agreement is personal to the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this Agreement without the
prior written approval of the City Manager or designee. Any attempted assignment by the
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Consultant, its successors or assigns, shall be null and void unless approved in writing
by the City Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any
monies due the Consultant from the City under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all
monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this Agreement,
the Consultant shall at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
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25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the Exhibit or Attachment. Furthermore, any terms or
conditions contained within any Exhibit or Attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both the City and the Consultant.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO, Aaron Neubert Architects,
a Calift�rgni��„municipal corporation Incor 0019gedby.
By: 4/1/2021 By:
QA.rm r�,(�ot,y� 3/31/2021
Jenny e�'6 : Clark, AICP,
Director Name: Aaron Neubert
APPROVED AS TO FORM: Title: President
DOUGLAS T. SLOAN (If corporation or LLC., Board Chair,
City Attiort�eY's Office Prau� Niv Pres.)
ocu3 qn d by:
6VAU"bV, l� 4/1/2021 By: 3/31/2021
By: -
Ira t Date Darrell Neubert
Senior Deputy City Attorney Name:
ATTEST: Title: Director of Development
YVONNE SPENCE, CRM MMC (If corporation or LLC., CFO, Treasurer,
IR- Secretary or Assistant Secretary)
City �'+^Ip ignvd by:
By: kAyfi" 4/28/2021 Any Applicable Professional License:
Number:
Name:
Deputy Date of Issuance:
Addresses
CITY: CONSULTANT:
City of Fresno Aaron Neubert Architects, Inc.
Attention: Summer Cecil, Attention: Darrell Neubert,
Project Manager Project Manager
2600 Fresno Street 2814 Rowena Avenue, Suite One
Fresno, CA 93721 Los Angeles, CA 90039
Phone: (559) 621-8166 Phone: 323-953-4700
Email: Summer.Cecil@fresno.gov Email: darrell@a-n-x.com
Attachments:
1. Exhibit A- Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and Aaron Neubert Architects, Inc. (Consultant)
Cottage Home Program
See attachment.
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SCHEDULE OF FEES AND EXPENSES
See attachment.
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and Aaron Neubert Architects, Inc. (Consultant)
Cottage Homes Program
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
"bodily injury," "property damage" and "personal and advertising injury" with
coverage for premises and operations (including the use of owned and non-
owned equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
"Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance or
use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned, hired, and non-owned automobiles or other licensed
vehicles (Code 1- Any Auto). If personal automobile coverage is used, the
City, its officers, officials, employees, agents, and volunteers are to be listed
as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to the
Consultant's profession. Architect's and engineer's coverage is to be
endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
The Consultant, or any party the Consultant subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to the
City, its officers, officials, employees, agents, and volunteers as additional insureds, shall
be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
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(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY-
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to
meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and
afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella
or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis
for the benefit of the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
The Consultant shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and the Consultant shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared to on the Certificate of Insurance, and approved by, the City's Risk Manager
or designee. At the option of the City's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees,
agents, and volunteers; or
(ii) The Consultant shall provide a financial guarantee, satisfactory to
the City's Risk Manager or designee, guaranteeing payment of
losses and related investigations, claim administration and defense
expenses. At no time shall CITY be responsible for the payment of
any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. The Consultant shall establish additional
insured status for the City and for all ongoing and completed operations by
use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and
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CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that contained
in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees, agents, and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, the Consultant's insurance
coverage shall be primary insurance with respect to the CITY, its officers,
officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents,
and volunteers shall be excess of the Consultant's insurance and shall not
contribute with it. The Consultant shall establish primary and non-
contributory status by using ISO Form CG 20 01 04 13 or by an executed
manuscript insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG
2001 0413.
The Workers'Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: The Consultant and its insurer shall waive any right of subrogation
against the City, its officers, officials, employees, agents, and volunteers.
if the Professional Liability(Errors and Omissions) insurance policy is written on a claims-
made form.-
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by the Consultant.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement work or termination
of the Agreement, whichever occurs first, or, in the alternative, the policy
shall be endorsed to provide not less than a five year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by the Consultant, the
Consultant must purchase "extended reporting" coverage for a minimum of
five years completion of the Agreement work or termination of the
Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for
review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
calendar days' written notice by certified mail, return receipt requested, has been given
to the City. The Consultant is also responsible for providing written notice to the City under
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the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice
of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall
furnish the City with a new certificate and applicable endorsements for such policy(ies).
In the event any policy is due to expire during the work to be performed for the City, the
Consultant shall provide a new certificate, and applicable endorsements, evidencing
renewal of such policy not less than fifteen calendar days prior to the expiration date of
the expiring policy.
n�_..ir _.-.. _c ate_ -_�..:-_r __i:-:-- ___..:r_ ice_• ice_ r_c-.--- __-`- -__ __:r ...ate:._ .__
Should any UI he required policies provide Ulal he UCIU-nse costs are pald within rie
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by the Consultant shall not be deemed to release or
diminish the liability of the Consultant, including, without limitation, liability under the
indemnity provisions of this Agreement. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by the Consultant. Approval or purchase of
any insurance contracts or policies shall in no way relieve from liability nor limit the liability
of the Consultant, its principals, officers, agents, employees, persons under the
supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If the Consultant subcontracts any or all of the services to be
performed under this Agreement, the Consultant shall require, at the discretion of the City
Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with
the City to provide required indemnification and insurance protection. Any required Side
Agreement(s) and associated insurance documents for the subcontractor must be
reviewed and preapproved by the City Risk Manager or designee. If no Side Agreement
is required, the Consultant will be solely responsible for ensuring that its subcontractors
maintain insurance coverage at levels no less than those required by applicable law and
is customary in the relevant industry.
VERIFICATION OF COVERAGE
The Consultant shall furnish the City with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the City's Risk Manager or designee prior to the City's
execution of the Agreement and before work commences. All non-ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or
broker. Upon request of the City, the Consultant shall immediately furnish City with a
complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of
the original policy. This requirement shall survive expiration or termination of this
Agreement.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Cottage Homes Program
YES" NO
1 Are you currently in litigation with the City of Fresno or any of ❑ F-1
its agents?
2 Do you represent any firm, organization, or person who is in ❑ ❑
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who ❑ ❑
do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with ❑ 0
the City of Fresno, or in a business which is in litigation with
the City of Fresno?
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee ❑ C1
who has any significant role in the subject matter of this
service?
6 Do you or any of your subcontractors have, or expect to have,
any interest, direct or indirect, in any other contract in [l ❑
connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation
Signature
Date
(Name)
(Company)
(Address)
❑ Additional page(s) attached.
(City, State Zip)
DocuSign Envelope ID:92001 D85-9EBA-4061-BD2A-E88EE70DC38B
EXHIBIT A ATTACHMENT: SCOPE OF WORK
AND SCHEDULE OF EXPENSES
PROPOSAL FOR ARCHITECTURAL SERVICES—REVISED 3
March 24,2021
CLIENT: Summer Cecil, Project Manager
City of Fresno-Planning and Development Department
2600 Fresno Street,3`d Floor
Fresno,California 93721
ARCHITECT: Aaron Neubert Architects,Inc.
2814 Rowena Avenue,Suite One
Los Angeles,California 90039
PROJECT: City of Fresno-Cottage Homes Program
Dear Ms.Cecil,
Aaron Neubert Architects(ANX)greatly appreciates the opportunity to collaborate with you on the City of Fresno-Cottage
Homes Program.Our fee proposal is based upon an estimate of time&resources required to complete the outlined scope of
services.
PROJECT DESCRIPTION AND SCOPE OF SERVICES:
It is our mutual understanding that the Project consists of the following:
• Five cottage home designs with three exterior facade options each-one design must be attached to an existing
home,one design must include an option for an attached garage,and one design must address
homeless/transitional housing.
• The three facade options must be designed to facilitate architectural compatibility with unique neighborhoods.
• Cottage homes must be designed to the 2019 California Building Code.
• City of Fresno approved construction drawings for all design options.
• Public outreach and strategy:educational/marketing materials,outreach events,social media/website content.
• Implementation tools:permit application and code compliance guides and checklists.
The above information was provided via correspondence to date and RF0 Section IV Scope of Services.We will exercise our
expertise and creativity in working within the parameters above.If there is any desired or required change in scope,we will
adjust this proposal accordingly with mutual agreement.
Due Diligence and Feasibility Phase
Due Diligence and Feasibility consists of drawings and other documents necessary to meet with governmental authorities to
obtain initial input and guidance for the Project:
• Preliminary Client and Architect city wide site visits to determine targeted"typical lots"in consideration of the
following:lot size,architectural style,demographics,multi-generational families,over-crowding,among other
factors.
Aaron Neubert Architects,Inc. 1 2814 Rowena Avenue,Suite One I Los Angeles,California 90039 1 323 953 4700 1 A-N-X,COM
DocuSign Envelope ID:92001 D85-9EBA-4061-BD2A-E88EE70DC38B
• Preliminary zoning&building code analysis in coordination with planning staff
• Preliminary city wide"typical lots"site and context analysis
• Preliminary research of comparable and competitive programs
• Preliminary review of Client provided initial information; including drawings,program,and surveys,as available
• Conceptual site plan(s)and massing diagram(s)
• Due Diligence and Feasibility Client and Architect presentation/meeting
Schematic Design Phase
Schematic Design consists of drawings and other documents illustrating the scale and relationships of Project components:
■ Detailed zoning&building code analysis
• Detailed site and context analysis
• Detailed review of Client provided initial information;including drawings,program,and surveys
• Schematic models,massing diagrams,site plans,floor plans,primary elevations,and building sections
• Program space configurations and area calculations
• Schematic material palette&rendered perspectives to describe the overall Project design
• Schematic Design Client and Architect presentation(s)/meeting(s)
Design Development Phase
Design Development consists of drawings and other documents illustrating the size,character,and materials of the Project:
• CAD generated design development building plans,sections,elevations,interior elevations,and typical wall details
• Updated rendered site plan,floor plans,primary elevations,and building sections
• Updated program space configurations and area calculations
• Orchestrate and provide materials for review meetings with governing agencies to verify code/occupancy/egress
compliance and identify special conditions which may exist for the Project
• Coordination with structural and MEP engineers
• Prepare preliminary finish schedule including primary material selections
• Design Development Client and Architect presentation(s)/meeting(s)
Can str ction Documents Phase
Construction Documents consists of drawings and specifications illustrating the construction requirements of the Project:
• CAD generated Construction Drawing set including detailed floor plans,sections,elevations,and details sufficient to
allow for construction of Project
• Project specifications
• Coordination with structural and MEP engineers
• Construction documents for plan check and obtain governing agencies approvals
■ Construction Documents Client and Architect presentation(s)/meeting(s)
Public Outreach Strategv
Public Outreach Strategy consists of the following deliverables:
• Research Best Practices/Lessons learned from similar programs across the US and deliver via report.
• Market segmentation analysis report:Identifying the various potential market segments and analyzing the
demographic,behavioral,psychographic,and geographic components of each
• Business model canvas analysis to understand the value propositions of each targeted customer segment
■ Development of(1)targeted marketing material and value propositions for up to(5)priority customer segments.The
material produced will be compatible for website,print,and social media publication.The material will be produced
in English,Spanish,Hmong,and Punjabi.
Aaron Neubert Architects,Inc. 1 2814 Rowena Avenue,Suite One I Los Angeles,California 90039 1 323 953 4700 1 A-N-X.COM
DocuSign Envelope ID:92001D85-9EBA-4061-BD2A-E88EE70DC38B
• Suggested best channels to reach each target market as identified in previous bullets(i.e.through social media,
awareness events,direct mailings)
InternallExternal Process Improvement and implementation Plan
Internal/Fxtarnal Pmr.P$c Imnmvamant and Imnlamentatinn Plan rnncictc of the following dalivarablec.
• Review of current internal processes and existing documents and guides for planning and approval
• Identification of process improvement opportunities and existing roadblocks in the approval process
• Creation of resource guide and checklist for potential applicants
Creation of internal resource materials for staff awareness where identified
BASIS OF COMPENSATION:
The Scope of Services shall be compensated per the following:
Due Diligence and Feasibility $9,375
[Principal 31.25 hours,Senior 26.25 hours]
Schematic Design $18,750
[Principal 46.875 hours,Senior 18.75 hours,Staff 37.5 hours,Draftsperson/Renderer 91.25 hours]
Design Development $25,000
[Principal 37.5 hours,Senior 25 hours,Staff 50 hours,Draftsperson/Renderer 156.25 hours]
Construction Documents $37,500
[Principal 56.25 hours,Senior 56.25 hours,Staff 112.5 hours,Draftsperson/Renderer 150 hours]
Structural,Mechanical,Electrical,and Plumbing Engineering est.$18,750
Public Outreach Strategy est.$12,750
[Staff 150 hours]
Internal/External Process Improvement and Implementation Plan est.$10,625
[Staff 125 hours]
Reimbursable Expenses est.$9,375
[Travel,Plotting/Printing,Shipping/Delivery,Government Agency Fees,Marketing Materials,Translation Services]
• Upon agreement of this proposal,staff will seek approval of a consultant contract which will serve as the binding
authority of this project.
• Fees for professional services,including additional services as agreed to in writing,shall be billed monthly and are
payable within ten(10)calendar days from the date of invoice.It is understood that if payment is not received within
the subject thirty(30)calendar days,Architect may discontinue work on the Project-with written notice to the Client
-until payment is received.
• Reimbursable expenses,including but not limited to Travel,Plotting/Printing,Shipping/Delivery,Government Agency
Fees(in the event payment to cover fees is not received from the Client prior to submittal),and Model/Marketing
Materials will be reimbursed to Architect at cost plus ten percent(10%).We anticipate that disbursements will
amount to approximately 5%or less of fees.In the event expenses exceed this amount,the Architect shall seek
written approval from the Client prior to proceeding.
• The Client shall provide all information regarding the site including As-Built documentation,surveys,soil reports and
legal information as deemed necessary for the Project.The Architect shall be entitled to rely on the accuracy of all
data provided by the Client and its Consultants and shall use this documentation as the basis to perform the services
of this proposal.(If a Survey,Soils Report and/or"As Builts"have yet to be executed,the Architect can assist with
commissioning these services if desired by the Client).
Aaron Neubert Architects,Inc 1 2814 Rowena Avenue,Suite One I Los Angeles,California 90039 1 323 953 4700 1 A-N-X.COM
DocuSign Envelope ID:92001 D85-9EBA-4061-BD2A-E88EE70DC38B
• This agreement is being used only to describe the fees and services for the scope of work and phases described
above.In the event that the schedule or scope of the Project increases substantially,per the Client's approval and
mutually agreed by Client and Architect,the fee for Architectural services shall be adjusted at the appropriate time.
• Architect retains the right to review and approve all final wording and representation of any City publication and/or
publicly available information that contains Architect's plans and additional deliverables.
HOURLY RATES:
Principal Architect $195.00
Senior Architect $125.00
Senior Interior Designer $100.00
Landscape Designer $100.00
Staff Architect/Interior Designer/Project Manager $85.00
Draftsperson/Renderer $65.00
Administration $55.00
SCHEDULE:
It is understood and agreed that time is of the essence of this agreement.Working in close collaboration with the Client,the
Architect shall submit for the Client's approval a detailed schedule for the performance of the Architect's services.The
schedule initially shall include anticipated dates of critical Project milestones.The schedule shall include allowances for
periods of time required for the Client's review,for the performance of the Client's consultants,and for approval of
submissions by authorities having jurisdiction over the Project.Once approved by the Client,time limits established by the
schedule shall not,except for reasonable cause,be exceeded by the Architect or Client.With the Client's approval,the
Architect shall adjust the schedule,if necessary as the Project proceeds until the commencement of construction.
Due Diligence and Feasibility Weeks 1-4
Public Outreach Strategy Weeks 1-6
Schematic Design Weeks 2-6
Design Development Weeks 6-10
Internal/External Process Improvement and Implementation Plan Weeks 6-10
Construction Documents Weeks 10-20
Plan Check Weeks 15-30
EXCLUSIONS:
Client understands the following fees are not included within the scope of services to be provided by Architect,unless noted
otherwise for specific phases:
• Soils/Geotechnical Engineering
• Civil Engineering
• Site survey
• Specialty Consultants(security,lighting,utilities,AN,specifications writer,code consultant,expediter,or any other
consultant not mentioned as part of this proposal)
• Furniture and Product Supplier Consultation
• Consultant Required Site Inspections(including structural observations)
Architects,Inc. 1 2814 Rowena Avenue,Suite One I Los Angeles,California 90039 1 323 953 4700 1 A-N-X.COM
DocuSign Envelope ID:92001 D85-9EBA-4O61-BD2A-E88EE7ODC38B
i
• Site Information Requests
• Separate submissions to multiple municipalities
• Legal Representation to Governing Agencies including but not limited to services of a Land Use Attorney if required to
deal with complex zoning issues
• Construction Management and/or coordination of design build systems(including computer networking,fire life
safety systems,audiovisual systems,fire suppression systems and security alarm systems)
• Professionally generated materials,including but not limited to renderings,animations,and physical models
• Anything not specifically outlined herein
Thank you for your consideration of Aaron Neubert Architects for the City of Fresno-Cottage Homes Program.Should you
have any questions regarding the above, please feel free to contact me. If the terms of this agreement are acceptable to you,
please execute in the space indicated below and return one(1)original to the undersigned.
Sincerely,
6&
Aaron Neubert,AIA
Accepted: Accepted:
Doc uftnod by: DocuSigned by:
Qc rot kv-kyr 3/31/2021 SI%PAV (A,6[ 4/6/2021
Aaron Neubert,CA#C-29005 Date: SummerMil"' Date:
ANX, Inc. City of Fresno- Planning and Development Department
Aaron Neubert Architects,Inc 1 2814 Rowena Avenue,Suite One I Los Angeles,California 90039 1 323 953 4700 1 A-N-X.COM
DocuSign Envelope ID:92001 D85-9EBA-4061-BD2A-E88EE70DC38B
Task No. Description Contract Budget
1 Due Diligence and Feasibility $ 9,375.00
2 Schematic Design $ 18.750.00
3 Design Development $ 25,000.00
4 Construction Documents q$ 37,500.00
5 Structural, Mechanical. Electrical. and Plumbing Engineering $ 18.750.00
6 Public Outreach Strategy g, 12,750.00
7 Internal/External Process Improvement/implementation Plan $ 10,625.00
8 Reimbursable Expenses $ 9,375.00
Sum $ 142,125.00
Contingency $ 14,500.00
Contract Amount $ 156,625.00
F