Aoka On-Call Contract EM22-BS01

City of El Mirage — Regular Meeting (2022-06-21)

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CITY OF EL MIRAGE
ON-CALL PLAN REVIEW AND INSPECTION SERVICES
EM22-BS01

THIS CONTRACT is made and entered into this 1st day of July, 2022, (“Effective Date”), by and between the
City of El Mirage, an Arizona municipal corporation (“City”), and Akoa, a(n) Arizona corporation
(“Consultant”).

RECITALS

A. The City of El Mirage is authorized and empowered by provisions of the City Code to execute contracts for
professional services by and through its City Manager;
B. The City desires to provide building and fire plan review and inspection services on an on-call basis for
compliance with building and fire codes, as more fully described in the Scope of Work and referred to as
the “Project;”
C. The City requires professional services for this Project and desires to contract with the Consultant to
provide these services.
D. Consultant is duly qualified to perform the requested services.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties
hereto agree as follows:
1. PROJECT DESCRIPTION
The City proposes to retain the Consultant for various projects requiring residential and commercial
building and fire plan review and inspection services for the City of El Mirage Building Safety Section on
an as-needed, on-call basis. Requests for services will be issued in the form of a written notice to proceed
initiated by the Building Safety Section and will include a description of the project, scope of services,
project duration, and the approved fee. The Consultant must receive prior approval from the Building
Safety Section prior to negotiating fees and commencement of services on project assignments under this
Contract. Work will be performed within the City of El Mirage city limits.
2. SCOPE OF WORK

The City of El Mirage, Community Development Department/Building Safety is currently enforcing the
2012 International Codes and referenced standards, 2011 National Electric Codes, and 2010 editions of
NFPA 72, 13, 13R and 13D standards. This coming year of 2023, the City of El Mirage will be updating to
the 2018 International Codes, 2017 National Electric Codes, and 2017 editions of NFPA 72, 13, 13R and
13D standards. The City will issue work orders based on the ability of the Consultant to meet the City’s
work schedule and the availability of expertise in relation to each project.

1. Building and Fire Plan Reviews

The Consultant must be able to provide full-service building and fire plan reviews for compliance
with the adopted codes regulating architectural, structural, mechanical, plumbing, electrical
energy, accessibility, civil and fire/life safety disciplines. The consultant shall provide details and
documentation of the plan review process within City standard turnaround times not to exceed two
weeks.

2. Building and Fire Inspections

The Consultant must be able to provide full-service building and fire inspection services.
Inspections shall include all aspects of construction including architectural, structural, mechanical,
plumbing, electrical, energy, accessibility, site work and fire/life safety disciplines. Adequate
inspection services shall be provided to enforce compliance with the conditions of approval, City,
State and Federal laws and the requirements set forth on the plans for which the permit was issued.
When infractions are observed, inspectors shall write citations and/or stop work in progress
depending on the nature of the infraction, document actions, and testify in court, if necessary.
3. PAYMENTS TO THE CONSULTANT
The Consultant’s project fees under this Contract will be based on the following:

1. Inspections conducted by the Consultant: Hourly rates identified in the attached Exhibit A – Hourly
Rate Schedule. These rates will be in effect for the duration of the Contract and project assignment
term.

2. Plans reviewed in Consultant’s office: 75% of the current plan review fee calculation for the individual
project as set forth in the current ICC Building Valuation Data for two reviews of the project
documents.

3. Plans reviewed by the Consultant at City Hall: Hourly rates identified in the attached Exhibit A –
Hourly Rate Schedule. These rates will be in effect for the duration of the Contract and project
assignments term.
4. CONTRACT TERM
This Contract is for a three-year term. The City may at its sole option and with the consent of the
Consultant, extend the period of this Contract up to two additional years in one-year increments. The
Consultant shall be notified in writing when the contract renewal has been approved within 30 days of
contract expiration.
Either party has the right to cancel this contract at any time with a thirty 30-day written notice.
5. GUARANTEE

The Consultant shall guarantee all services for one year after completion of the work and each offer shall
provide a one-year warranty/guarantee against defects in faulty workmanship and/or performance for all
items required of the specifications. Consultant further warrants that all services provided under this
Contract shall conform to the specifications of this Contract.
6. APPLICABLE LAW
In the performance of this contract, Consultant shall abide by and conform to any and all laws of the United
States, State of Arizona and City of El Mirage including but not limited to federal and state executive
orders providing for equal employment and procurement opportunities, the Federal Occupational Safety
and Health Act and any other federal or state laws applicable to this Contract. It is the policy of the City of

El Mirage that suppliers of goods or services to the City adhere to a policy of equal employment
opportunity and demonstrate an affirmative effort to recruit, hire, and promote regardless of race, color,
religion, gender, national origin, age, or disability.
This Contract shall be governed by the City. City and Consultant shall have all remedies afforded each by
the Uniform Commercial Code, as adopted in the State of Arizona, except as otherwise provided in this
Contract or in statutes pertaining specifically to the City. This Contract shall be governed by the laws of the
State of Arizona. Any lawsuit pertaining to this Contract may be brought only in courts in the State of
Arizona.
This Contract is subject to the cancellation provisions of A.R.S. §38-511.
7. LEGAL REMEDIES
All claims and controversies shall be subject to resolution according to the terms of the City of El Mirage
Procurement Code. In the event either party brings any action for any relief, declaratory or otherwise,
arising out of this Contract, or on account of any breach or default hereof, the prevailing party shall be
entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses,
determined by the court sitting without a jury or arbitration board, which shall be deemed to have accrued
on the commencement of such action and shall be enforceable whether or not such action is prosecuted to
judgment or by arbitration award.
8. ASSIGNMENT – DELEGATION
No right nor interest in this Contract nor delegation of any duty of Consultant shall be made without prior
written permission of the City.
9. RIGHTS AND REMEDIES
No provision in this document or in the vendor’s offer shall be construed, expressly or by implication, as
waiver by the City of any existing or future right and/or remedy available by law in the event of any claim
of default or breach of contract. The failure of the City to insist upon the strict performance of any term or
condition of the Contract or to exercise or delay the exercise of any right or remedy provided in the
Contract, or by law, or the City’s acceptance of and payment for materials or services, shall not release the
Consultant from any responsibilities or obligations imposed by this Contract or by law, and shall not be
deemed a waiver of any right of the City to insist upon the strict performance of the Contract.
10. FORCE MAJEURE
Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this
Contract if and to the extent that such party’s performance of this Contract is prevented by reason of Force
Majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected
and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of
God: acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods;
lockouts, injunctions-intervention-acts, or failures or refusals to act by government authority; and other
similar occurrences beyond the control of the party declaring force majeure which such party is unable to
prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the
party declaring force majeure notifies the other party of the existence of the force majeure and shall be
deemed to continue as long as the results or effects of the force majeure prevent the party from resuming
performance in accordance with this Contract.
Force majeure shall not include the following occurrences:

a.
Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere,
an oversold condition of the market, inefficiencies, or similar occurrences.
b. Late performance by a subconsultant unless the delay arises out of a force majeure occurrence in
accordance with this Force Majeure term and Condition.
Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise
to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is
caused by force majeure. If either party is delayed at any time in the progress of the work by force majeure,
then the delayed party shall notify the other party in writing of such delay within 48 hours commencement
thereof and shall specify the causes of such delay in such notice. Such notice shall be hand delivered or
mailed Certified-Return Receipt and shall make a specific reference to this article, thereby invoking its
provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the
other party in writing. The time of completion shall be extended by contract modification for a period equal
to the time that the results or effects of such delay prevent the delayed party from performing in accordance
with this contract.
11. RIGHT TO ASSURANCE
Whenever one party to this Contract in good faith has reason to question the other party’s intent to
perform, they may demand that the other party give a written assurance of this intent to perform. In the
event that a demand is made, and no written assurance is given within five days, the demanding party may
treat this failure as an anticipatory repudiation of the Contract.
12. RIGHT TO AUDIT RECORDS
The City may, at reasonable times and places, audit the books and records of any Consultant as related to
any contract held with the City.
13. LICENSES
Consultant shall have at the time of bid submittal, and shall maintain in current status, all Federal, State and
Local licenses and permits required for the operation of the business conducted by the Consultant as
applicable to this Contract. The conclusion of the issuing authority in each case is to be deemed conclusive
for the purposes of complying with this provision. Substantial compliance does not meet the minimum
requirements of this or any provision hereof, or of any applicable law or other authority, and that strict
compliance alone is adequate to meet those requirements, unless the City consents to such substantial
compliance in writing at the time of bid submittal. The determination shall be made by the City.
14. PATENTS AND COPYRIGHTS
All services, information, computer program elements, reports, and other deliverables, which may be
patented or copyrighted and created under this Contract are the property of the City and shall not be used
or released by the Consultant or any other person except with the prior written permission of the City.
15. ADVERTISING
Consultant shall not advertise or publish information concerning this Contract, without prior written
consent of the City.
16. INDEPENDENT CONTRACTOR
a. General
i.
The Consultant acknowledges that all services provided under this Contract are being provided as
an independent consultant, not as an employee or agent of the City of El Mirage.

ii. Both parties agree that this Contract is nonexclusive, and that Consultant is not prohibited from
entering into other contracts nor prohibited from practicing their profession elsewhere.
b. Liability
The City of El Mirage shall not be liable for any acts of the Consultant outside the scope of authority
granted under this Contract or as the result of Consultant’s acts, errors, misconduct, negligence,
omissions, and intentional acts.
To the fullest extent permitted by law, the Consultant shall defend, indemnify and hold harmless the
City, its agents, representatives, officers, directors, officials and employees from and against all claims,
damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of
appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors,
mistakes, omissions, work or services of the Consultant, its employees, agents, or any tier of
subconsultants in the performance of this Contract. Consultant’s duty to defend, hold harmless and
indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in
connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness,
disease, death, or injury to, impairment, or destruction of property including loss of use resulting
therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this
Contract including any employee of the Consultant or any tier of subconsultant or any other person for
whose acts, errors, mistakes, omissions, work or services the Consultant may be legally liable.
The amount and type of insurance coverage requirements set forth herein will in no way be construed
as limiting the scope of the indemnity in this paragraph.
c. Other Benefits
The Consultant is an independent consultant; therefore, the City will not provide the Consultant with
health insurance, life insurance, workmen’s compensation, sick leave, vacation leave, or any other
fringe benefits. Further, Consultant is exempt from coverage of the Comprehensive Benefit and
Retirement Act (COBRA). Any such fringe benefits shall be the sole responsibility of Consultant.
16. PAYMENT TERMS
If payment terms are not indicated, terms of NET 30 days shall be applied by the City. Payment terms to
apply after receipt of invoice or final acceptance of the products/services, whichever is later. Payment terms
offering less than twenty days for payment will not be considered. A separate invoice shall be issued for
each shipment of material or service performed, and no payment will be issued prior to receipt of material
and/or services and correct invoice.
17. PROVISIONS REQUIRED BY LAW
Each and every provision of law and any clause required by law to be in the Contract will be read and
enforced as though it were included herein, and if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then upon the application of either party, the contract will forthwith be
physically amended to make such insertion or correction.
18. SEVERABILITY
The provisions of this Contract are severable to the extent that any provision or application held to be
invalid shall not affect any other provision or application of the Contract which may remain in effect
without the invalid provision or application.

19. RELATIONSHIP TO PARTIES
It is clearly understood that each party shall act in its individual capacity and not as an agent, employee,
partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or
construed to be the employee or agent of the other for any purpose whatsoever. The Consultant is advised
that taxes or Social Security payments will not be withheld from any City payments issued hereunder and
that the Consultant should make arrangements to directly pay such expenses, if any.
20. INTERPRETATION-PAROL EVIDENCE
This Contract represents the entire Contract of the Parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded
by this Contract. No representations, warranties, inducements, or oral agreements have been made by any
of the Parties except as expressly set forth herein, or in any other contemporaneous written agreement
executed for the purposes of carrying out the provisions of this Contact. This Contract may not be changed,
modified, or rescinded except as provided for herein, absent a written agreement signed by both Parties.
Any attempt at oral modification of this Contract shall be void and of no effect.
21. LOSSES AND DAMAGES
All loss or damage arising out of the nature of the work to be done or from the action of the elements or
from any unforeseen circumstances in the prosecution of the same, or from any unusual obstructions or
difficulties which may be encountered in and/or during the prosecution of the work, or from any casualty
whatsoever of every description, shall be sustained and borne by the Consultant at its own cost and
expense.
22. CHARACTER AND STATUS OF WORKERS
Only skilled and certified workers shall be employed on work requiring special qualifications. When
required by the Building Safety Section, the Consultant shall discharge any person who is, in the opinion of
the Building Safety Section, disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable.
The Consultant shall keep the City harmless from damages or claims for compensation that may occur in
the enforcement of this section. The Consultant shall be responsible for assuring the legal working status of
its employees and its subconsultant’s employees.
23. INSURANCE
The Consultant shall secure and maintain at all times that this Contract is in effect, insurance coverage
which shall include statutory workers’ compensation, comprehensive general and automobile liability,
owner’s and Consultant’s protective liability insurance and errors and omissions professional liability. The
comprehensive general and automobile liability limits shall be no less than one million dollars ($1,000,000)
combined single limit. The owner’s and Consultant’s protective liability limits shall be no less than one
million dollars ($1,000,000) for each occurrence and one million dollars ($1,000,000) policy aggregate
naming the City as an additional insured. The minimum amounts of coverage for Consultant’s professional
liability shall be one million dollars ($1,000,000). In other than errors and omissions professional liability,
City’s and Consultant’s protective liability and worker’s compensation, the City of El Mirage shall be
named as an additional insured.

All insurance coverage shall be written through a carrier licensed in Arizona, or an approved non-admitted
list of carriers published by the Arizona Department of Insurance, and possessing an A.M. Best rating of at
least A- or above with policies and forms satisfactory to the City.

The Consultant shall submit to the City a certificate of insurance evidencing the coverage and limits stated
in the foregoing paragraph within ten (10) days of award of this Contract. City shall not issue a “Notice to
Proceed” until after Consultant has submitted the certificate of insurance to City. Insurance evidenced by
the certificate shall not expire or be canceled or materially changed without thirty (30) days prior written
notice to the City, and a statement to that effect must appear on the face of the certificate and the certificate
shall be signed by a person authorized to bind the insurer.

The insurance policies, except Workers’ Compensation required by this Contract, shall name the City, its
agents, representatives, officers, directors, officials, and employees as Additional Insureds.
24. CONTRACT DEFAULT
The City, by written notice of default to the Consultant, may terminate the whole or any part of this
Contract immediately in any one of the following circumstances:
a.
If the Consultant performs the services in a manner the City determines creates an unreasonable risk of
harm or injury to the public or any property of the City; or
b. If the Consultant fails to perform any of the other provisions of this Contract; and fails to remedy the
situation within a period of five calendar days after receipt of notice.
25. TERMINATION FOR CONVENIENCE
The City reserves the right to terminate any contract, with or without cause, upon thirty days written notice.
The City shall be responsible for the payment for services completed by Consultant prior to the effective
date of the termination.
26. DELAY IN EXERCISING CONTRACT REMEDY
Failure or delay by the City to exercise any right, power, or privilege shall not be deemed a waiver thereof.
27. TAX EXEMPTION
The City is exempt from paying Federal Excise Taxes and shall furnish an exemption certificate upon
request.
28. LATE SUBMISSION OF CLAIM
The City will not honor any invoices or claims which are tendered more than six months after the last item
of the account accrued.
29. LIABILITY
Except for the negligence of the City, its officers, managers, employees, or agents, Consultant shall be
liable to the City for any physical damage to City property or for the death of, or personal injury to, City
personnel arising out of Consultant's occupancy, maintenance, repair, replacement, installation and/or any
other work performed pursuant to the Contract. Consultant agrees to indemnify, defend, and hold the City
harmless from any claim or loss arising from such damage or injury.
30. CONTRACT SUBJECT TO APPROPRIATIONS
Payments by the City required under the terms of this Contract are subject to appropriation by the Council
of the City of El Mirage. The obligation of City to make any payment pursuant to this Contract is a current
expense of the City, payable exclusively from annual appropriations, and is not a general obligation or
indebtedness of the City. If the City Council fails to appropriate money sufficient to pay the fee amounts as

set forth in this Contract during any succeeding fiscal year, City shall provide Consultant written notice that
this Contract shall terminate at the end of the current fiscal year and that City shall be relieved of any
subsequent obligation of payment under this Contract upon such termination and neither the City nor any
official or employee of the City shall be obligated or liable for any future payments or for any damages as a
result of termination under this paragraph.
34. COOPERATIVE USE OF CONTRACT
In addition to the City of El Mirage, this Contract may be extended for use by other municipalities,
government agencies and governing bodies, including the Arizona Board of Regents, and political
subdivisions of the State. Any such usage by other entities must be in accord with the ordinances, charter
and/or rules and regulations of the respective entity and the approval of the Consultant.
35. BOYCOTT OF ISRAEL

Consultant certifies that it is not currently engaged in and agrees for the duration of this Contract that it will
not engage in a boycott of Israel as set forth in A.R.S. § 35-393 and § 35-393.01.
36. AUTHORITY AND APPROVALS
Each party hereby warrants and represents that it has full power and authority to enter into and
perform this Contract, and that the person signing on behalf of each has been properly authorized
and empowered to enter i n t o this C o n t r a c t . Each party further acknowledges that it has
read this C o n t r a c t , understands it, and agrees to be bound by it.

City of El Mirage,
an Arizona municipal corporation

___________________________________
By: J. Crystal Dyches
Its: City Manager

TEST

____________________________________
City Clerk

APPROVED AS TO FORM:

City Attorney
____________________________________,

a(n)_________________________________

____________________________________

By: _________________________________

Its: _________________________________
third party consultant
CEO
Ganesh Chapagain
Aoka Engineering LLC

Attachment “A”
Hourly Rate Schedule

Job Title
Hourly Rates

Fire Plans Examiner
Building Plans Examiner
Building Inspector
Fire Inspector
$90
$90
$110
$110
.