Extracted text (via ocr_local)
42551 characters
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BROWN & ASSOCIATES CERTIFIED INSPECTION SERVICE, INC
THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of
, 2022, between the City of Glendale, an Arizona municipal corporation (the “City”), and Brown
& Associates Certified Inspection Services, Inc., a(n) Arizona corporation authorized to do business
in Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
On May 17, 2022 under (contract for professional services 2022003A.43), the City of Buckeye,
Arizona entered into a contract with Contractor to purchase the goods and services described
in the Contract for Professional Services: On-Call Building Plan Review and
Inspection.(“Cooperative Purchasing Agreement”), which is attached heteto as Exhibit A.
The Cooperative Purchasing Agreement permits its cooperative use by other governmental
agencies including the City.
Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.
Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.
The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was May 17, 2022, until the date the contract expites on May 17, 2027 unless the
term of the Cooperative Purchasing Agreement is extended by the mutual agreement of the
original contracting parties. The Cooperative Purchasing Agreement, however, may not be
extended beyond May 17, 2027. The initial period of this Agreement, therefore, is the period
from the Effective Date of this Agreement until May 16, 2023. The City may renew the term
1/2/2020
of this Agreement for four (4) additional one (1) year increments until the Cooperative
Purchasing Agreement expires on May 17, 2027. Glendale renewals are not automatic and
shall only occur if the City gives the Contractor notice of its intent to renew. The City may
give the Contractor notice of its intent to renew this Agreement 30 days prior to the
anniversary of the Effective Date to effectuate such renewal.
Scope of Work; Terms, Conditions, and Specifications.
A. Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.
B. Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
Compensation.
A. City shall pay Contractor compensation at the same rate and on the same schedule as
ptovided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.
B. The total purchase price for the supplies and/or services purchased under this
Agreement shall not exceed Three Hundred Seventy Five Thousand dollats ($375,000)
for the entire term of the Agreement (initial term plus any renewals).
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the
same tequitements as stated within this section. Contractor, and on behalf of any
subcontractors, wattants compliance with this section.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.
F-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 ate applicable, the
parties hereby certify that they ate not currently engaged in, and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in A.R.S § 35-393.
4/29/2021
9. Attestation of PCI Compliance. When applicable, the Contractor will provide the City
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.
10. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the address listed below:
City of Glendale
c/o Sherry Crapser
5850 West Glendale Avenue, Suite 212
Glendale, Arizona 85301
scrapser@glendaleaz.com
And
Brown & Associates Certified Inspection Service, Inc.
c/o Michael J. Brown
15601 N. 40" Street, Building #130
Phoenix, AZ 85032
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set forth above.
“City” “Contractor”
City of Glendale, an Arizona Brown & Associates Certified Inspection
municipal corporation Services Inc., an Arizona corporati
By: By:
Kevin R. Phelps Name: Mighael J. Brown
City Manager Title: Pfesident
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
4/29/2021
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BROWN & ASSOCIATES CERTIFIED INSPECTION SERVICES, INC.
EXHIBIT A
(CONTRACT FOR PROFESSIONAL SERVICES ON-CALL BUILDING PLAN REVIEW
AND INSPECTIONS)
4/29/2021
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BROWN & ASSOCIATES CERTIFIED INSPECTION SERVICE, INC.
EXHIBIT B
Scope of Work
PROJECT
(Brown & Associates Certified Inspection Service, Inc. will provide plan review and building
inspection services as needed for the continuing operation of the City's Building Safety code
enforcement operations.)
4/29/2021
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BROWN & ASSOCIATES CERTIFIED INSPECTION SERVICE, INC.
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
Plan review is lump sum and Inspections are hourly per the attached rate schedule.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by
the Project must not exceed $375,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
See the attached Brown & Associates Certified Inspection Service, Inc.'s Rate Schedule for Building
Plan Review and Rate Schedule for Building Inspection Services.
4/29/2021
CITY OF BUCKEYE
RFQ #2022003A — CATEGORY 15
RATE SCHEDULE FOR BUILDING PLAN REVIEW SEN 8
RATE SCHEDULE FOR BUILDING PLAN REVIEW
A. BUILDING PLAN REVIEW SERVICES
For BUILDING PLAN REVIEW SERVICES of Architectural, Structural, Mechanical,
Electrical, Plumbing, Accessibility and Model Energy performed for the Client, BROWN &
ASSOCIATES shall be compensated at a lump sum rate of 75% of the Plan Check Fee
determined by the current ICC Building Valuation Table and Permit Fee Table 1-A or the most
current fee structure adopted by the City of Buckeye for an initial review and one complete
recheck of the project documents. Third and subsequent, Fire and Civil review, deferred
submittals, and revisions to approved plans will be at BROWN & ASSOCIATES hourly rates for
personnel provided. Expedited plan review services are available at a rate of twice the calculated
or hourly rate as agreed upon at acceptance of project.
PROJECT TYPE / SIZE See, | anne | eee
Single & Multi-Family Residential 7 to 10 5 5
Commercial to 75,000 sq. ft. 10 5 5
Commercial 75,001 to 150,000 sq. ft. 15 7 7
Commercial greater than 150,000 sq. ft. 15 7 7
Warehouse 150,001 to 500,000 sq. ft. 20 10 10
Warehouse 500,001 to 1,000,000+ sq. ft. 30 15 15
Fire Protection Systems & Civil Review 10 5 5
On-Call Engineering & Architectural Services 27
Contract No. 2022003A.43
Brown & Associates Certified Inspection Service, Inc.
CITY OF BUCKEYE
RFQ #2022003A — CATEGORY 15
RATE SCHEDULE FOR BUILDING PLAN REVIEW | Row
B&A PERMIT FEE TABLE 1-A
TOTAL VALUATION
FEE
$1.00 to $500.00
$60.00
$501.00 to $2,000.00
$59.88 for the first $500.00 plus $4.09 for each additional
$100.00, or fraction thereof
$2,000.01 to $25,000.00
$121.26 for the first $2000.00 plus $14.00 for each additional
$1,000.00, or fraction thereof
$25,001.00 to $50,000.00
$553.25 for the first $25,000.00 plus $13.54 for each additional
$1,000.00, or fraction thereof
$50,001.00 to $100,000.00
$891.99 for the first $50,000.00 plus $9.39 for each additional
$1,000.00, or fraction thereof
$100,001.00 to $500,000.00
$1,361.54 for the first $100,000.00 plus $7.50 for each additional
$1,000.00, or fraction thereof
$500,001.00 to $1,000,000.00
$4,366.58 for the first $500,000.00 plus $6.38 for each additional
$1,000.00, or fraction thereof
$1,000,001.00 and above
$7,552.77 for the first $1,000,000.00 plus $4.90 for each
additional $1,000.00, or fraction thereof.
HOURLY RATES
Building Official $125
Fire Marshal $125
Project Manager $125
Structural Engineer $125
Fire Protection Engineer $100
Civil Engineer $100
Senior Plans Examiner $100
Senior Building Inspector $100
Building Inspector $90
Assistant Inspector $80
Senior Permit Specialist $70
Clerical / Administration $60
On-Call Engineering & Architectural Services.
Contract No. 2022003A.43
28
Brown & Associates Certified inspection Service, Inc.
CITY OF BUCKEYE
RFQ #2022003A — CATEGORY 17
RATE SCHEDULE FOR BUILDING INSPECTION SERVICES BROWN 8
/ ASSOCIATES
RATE SCHEDULE FOR BUILDING INSPECTION SERVICES
A. BUILDING INSPECTION SERVICES
For BUILDING INSPECTION SERVICES performed under Exhibit A of this Agreement,
BROWN & ASSOCIATES shall be compensated at hourly rates for personnel provided. A
minimum of 2-hours will be assessed for inspections on a given day.
Normal hours of inspection services for determination of Brown & Associates fees is at a
schedule of Monday through Friday from 7:00 AM- 3:00 PM Arizona time. Inspection times
may be adjusted based on seasonal conditions and not to exceed an agreed upon 8-hour work
day.
Expedited, before or after hour, weekend and holiday inspection services are available for double
the regular hourly rate for personnel provided with a three-hour minimum.
Brown & Associates Holiday Schedule includes: New Year’s Day, Presidents’ Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving and Christmas
Day.
HOURLY RATES
Building Official $125
Fire Marshal $125
Project Manager $125
Structural Engineer $125
Fire Protection Engineer $100
Civil Engineer $100
Senior Plans Examiner $100
Senior Building Inspector $100
Building Inspector $90
Assistant Inspector $70
Senior Permit Specialist $70
Clerical / Administration $60
BROWN & ASSOCIATES shall invoice the CITY OF BUCKEYE for work performed on a
monthly basis. All building safety consulting services provided will be invoiced for hours spent
by the specific staff member on a task for the project. In monthly invoices, BROWN &
ASSOCIATES will provide an itemized breakdown of hours and description of the task, and
provide a monthly budget status report.
On-Call Engineering & Architectural Services 29
Contract No. 2022003A.43
Brown & Associates Certified Inspection Service, Inc.
CITY OF BUCKEYE
ON-CALL CONSULTING FOR
ENGINEERING AND ARCHITECTURAL SERVICES
CATEGORY 15: BUILDING PLAN REVIEW
CATEGORY 17: BUILDING INSPECTION SERVICES
BROWN & ASSOCIATES CERTIFIED INSPECTION SERVICE, INC.
Contract No: 2022003A.43
THIS CONTRACT, (“Contract”) is entered into by and between the CITY OF BUCKEYE, an Arizona
municipal corporation, hereafter called (the "CITY”) and Brown & Associates Certified Inspection
Service, Inc., an Arizona corporation, hereafter called ("CONSULTANT").
RECITALS
The CITY OF BUCKEYE, Arizona, is authorized and empowered by the City Code to execute contracts.
NOW, THEREFORE, in consideration of the premises and the mutual promises herein contained, The
City and Consultant agree as follows:
This Contract shall be in full force and effect only when it has been approved as required by the City
Code and executed by the duly authorized City officials.
1.0 SCOPE OF SERVICES
The City desires to obtain Professional Architectural and Engineering services for City-wide Improvement
projects. In accordance with the contract documents, including the General Scope of Services,
Requirements, and Standards attached to this contract as Exhibit A, a specific scope of services shall be
negotiated for each project and executed by individual Task Orders. Services provided by the Consultant
under this agreement shall be performed in a manner consistent with that degree of care and skills
ordinarily exercised by members of the same profession currently practicing under similar conditions.
The Consultant shall perform all services within the cost and time frames defined in executed Task
Orders, and comply in all respects, with the terms, conditions, and requirements described herein for
the consideration stipulated, and in compliance with applicable Federal, State and City Codes. Services
at the City's request may include, in general, but are not limited to the following:
1.1 CATEGORY 15: Building Plan Review — May include but not limited to the following services:
e Plan Check for complex construction of buildings and structural, to include, Commercial,
Industrial and Residential Construction.
e Plan review may include; structural, architectural, grading, energy, electrical, mechanical,
plumbing, and specifications summited as part of a building permit.
On-Call Engineering & Architectural Services 1
Contract No. 2022003A.43
Brown & Associates Certified Inspection Service, Inc.
¢ Work may include; review of plan and specifications, drafting of written corrections and redlining
of plans, communicating both orally and in writing to the applicant and providing code
interpretation.
e The selected firm(s) may be required to work at City Hall or within another facility within the City
of Buckeye.
¢ Attend Comment Resolution meetings, virtual or in person, at no additional cost as part of the
plan review fee.
1.2 CATEGORY 17: Building Inspection Services — May include but not limited to the following services:
¢ Building Construction inspection services to ensure construction conforms to the approved plans
and the standards and codes adopted by the City of Buckeye.
e Provide written documentation of inspections performed, issuance of stop work orders, and
notices of corrections.
e The selected firm(s) must be able to provide inspection services within 24-hour notice.
e Perform inspections virtual or in person.
A detailed scope of services will be prepared for each individual project by the Consultant and submitted
to the City. Requests for services will be issued in the form of a written Task Order ("Task Order")
document initiated by the Manager, Construction and Contracting. The Task Order will include a
description of the project, detailed scope of services, project schedule, and the approved fee. The
Consultant should receive prior approval from the Manager, Construction and Contracting prior to
commencement of services on project assignments released under this Contract.
2.0 FEES AND PAYMENTS
2.1 REGISTRATION REQUIREMENT IN VENDOR SELF SERVICE (VSS)
In order to do business with the City, register at https://selfservice.buckeyeaz.gov/MSS. Please be aware
vendors that do not register and verify their information, including uploading a W-9 form to their profile,
may experience delays in processing of invoices and will not be able to do business with the City.
2.2 FEE SCHEDULE
Consultant shall be paid according to the fee schedule set forth in Exhibit B. Each “Task Order” over One
Hundred Thousand Dollars ($100,000.00) shall be subject to City Council Approval.
2.3 PAYMENT APPROVAL
The time spent for each task shall be recorded and submitted to the Contracting Officer. Consultant shall
maintain all books, papers, documents, accounting records and other evidence pertaining to time billed
and to costs incurred and make such materials available at all reasonable times during the contract
period.
On-Call Engineering & Architectural Services 2
Contract No. 2022003A.43
Brown & Associates Certified Inspection Service, Inc.
Monthly payments shall be made to the Consultant on the basis of a progress report prepared and
submitted by the Consultant for work completed through the last day of the preceding calendar month.
Each task shall be subject to review and approval by the Contracting Officer to determine acceptable
percentage of completion.
The Contracting Officer reserves the exclusive right to determine the amount of work performed and
payment due the Consultant on a monthly basis.
All charges must be approved by the Contracting Officer prior to payment.
3.0 GENERAL TERMS AND CONDITIONS
3.1 CONTRACTING OFFICER
The Contracting Officer for the City shall be the Contracting Officer in the Construction and Contracting
Division or designee. The Contracting Officer shall oversee the performance of this Contract; assist the
Consultant in contacting members associated with the project, audit billings, and approve payments.
The Consultant shall submit all reports and special requests through the Contracting Officer.
3.2 TERM OF CONTRACT
The Contract initial term is established for a one (1) year term commencing on the date of execution
with automatic renewals, unless otherwise terminated by either party, for four (4) additional one-year
terms. Consultant shall provide services under the contract for specific project assignments with a Task
Order issued no later than the fina! day of the effective Contract terms.
3.3 TERMINATION OF CONTRACT
The City has the right to terminate this Contract or abandon any portion of a Task Order, which has not
been performed by the Consultant.
Termination for Convenience: City and Consultant reserve the right to terminate this contract or any
part hereof for its sole convenience with thirty (30) days written notice. In the event of such termination,
Consultant shall immediately stop all work hereunder, and shall immediately cause any of its suppliers
and Subconsultants to cease such work. As compensation in full for services performed to the date of
such termination, the Consultant shall receive a fee for the percentage of services actually completed.
This fee shall be in the amount to be mutually agreed upon by the Consultant and the City, based on the
agreed Scope of Work and the value to the City of the services completed. If there is no mutual
agreement, the Contracting Officer shall determine the percentage of completion of each task detailed
in the Scope of Work and the Consultant's compensation shall be based upon such determination. The
City shall make this final payment within sixty (60) days after the Consultant has delivered the last of the
partially completed items. Consultant shall not be paid for any work done after receipt of the notice of
termination, or for any costs incurred by Consultant's suppliers or Subconsultants, which Consultant
could reasonably have avoided.
On-Call Engineering & Architectural Services 3
Contract No. 2022003A.43
Brown & Associates Certified Inspection Service, Inc.
Termination for Cause: City may also terminate this contract or any part hereof with seven (7) days
written notice for cause in the event of any default by the Consultant, or if the Consultant fails to comply
with any of the material terms and conditions of this contract. By way of example and not limitation,
unsatisfactory performance as judged by the Contracting Officer and failure to provide City, upon written
request, with adequate assurances of future performance shall all be causes allowing City to terminate
this contract for cause. In the event of termination for cause, City shall not be liable to Consultant for
any amount after the issuance of written notice, and Consultant shall be liable to City for any and all
damages sustained by reason of the default that gave rise to the termination.
In the event Consultant is in violation of any Federal, State, County or City law, regulation or ordinance,
the City may terminate this contract immediately upon giving written notice to the Consultant.
In the event the City shall terminate this Contract or any part of the services as herein provided, the City
shall notify the Consultant in writing, and immediately upon receiving such written notice, the
Consultant shall discontinue advancing the work under this Contract and/or awarded Task Order.
Upon such termination or abandonment, the Consultant shall deliver to the City all drawings, special
provisions, field survey notes, reports, and estimates, entirely or partially completed, in any format,
including but not limited to written or electronic media, together with all unused materials supplied by
the City.
The Consultant shall appraise the work it has completed and submit its appraisal to the City for
evaluation.
If through any cause, the Consultant shall fail to fulfill in a timely and proper manner its obligations under
this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this
Contract, the City may withhold any payments to the Consultant for the purpose of setoff until such time
as the exact amount of damages due the City from the Consultant is determined.
3.4 FUNDS APPROPRIATION
If the City Council does not appropriate funds to continue this Contract and pay for charges hereunder,
the City may terminate this Contract at the end of the current fiscal period, or at the time that funds are
no longer available to meet the City's payment obligations hereunder. The City agrees to give written
notice of termination to the Consultant at least thirty (30) days prior to any termination for a lack of
funds and will pay to the Consultant all approved charges incurred prior to Consultant's receipt of such
notice, subject to the availability of funds therefore.
3.5 AUDIT
The City may audit all of the Consultant's records, calculations, and working documents pertaining to
this work at a mutually agreeable time and place.
On-Call Engineering & Architectural Services 4
Contract No. 2022003A.43
Brown & Associates Certified Inspection Service, Inc.
Consultant's records (hard copy, as well as computer readable data), and any other supporting evidence
deemed necessary by the City to substantiate charges and claims related to this contract shall be open
to inspection and subject to audit and/or reproduction by City's authorized representative to the extent
necessary to permit evaluation and verification of cost of the work, and any invoices, change orders,
payments or claims submitted by the Consultant or any of his payees pursuant to the execution of the
contract. The City's authorized representative shall be afforded access, at reasonable times and places,
to all of the Consultant's Records and personnel pursuant to the provisions of this article throughout the
term of this contract and for a period of three years after last or final payment.
Consultant shall require all Subconsultants, to comply with the provisions of this article by insertion of
the requirements hereof in a written contract agreement between Consultant and payee. Such
requirements will also apply to any and all Subconsultants.
If an audit in accordance with this article, discloses overcharges, of any nature, by the Consultant to the
City in excess of five percent (5%) of the total contract billings, the actual cost of the City's audit shall be
reimbursed to the City by the Consultant.
Any adjustments and/or payments, which must be made as a result of any, such audit or inspection of
the Consultant's invoices and/or records, shall be made within a reasonable amount of time (not to
exceed 60 days) from presentation of City's findings to Consultant.
3.6 OWNERSHIP OF PROJECT DOCUMENTS
All documents, including but not limited to, field notes, design notes, tracings, data compilations, studies,
and reports in any format, including but not limited to, written or electronic media, which are prepared
in the performance of this Contract will become and are the property of City.
3.7 COMPLETENESS AND ACCURACY
The Consultant shall be responsible for the accuracy of its work, including but not limited to, survey
work, reports, supporting data, and drawings, sketches, etc. prepared or compiled pursuant to this
Contract and shall correct, at its expense, all negligent errors or omissions therein which may be
disclosed. The cost necessary to correct those errors attributable to the engineering errors shall be
chargeable to the Consultant. Additional Scope(s) of work which may be added to the Task Order shall
not be considered the responsibility of the Consultant unless the need for same was created solely by
any negligent error, omission, or negligent act of the Consultant and does not result in betterment to
the City. The fact that the City has accepted or approved the Consultant's work shall in no way relieve
the Consultant of any of its responsibilities.
3.8 ATTORNEY’S FEES
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 shall be entitled to receive from
the other party reasonable attorneys' fees and reasonable costs and expenses, which shall be deemed
On-Cali Engineering & Architectural Services 5
Contract No, 2022003A.43
Brown & Associates Certified Inspection Service, Inc.
to have accrued from the commencement of such action.
3.9 SUCCESSORS AND ASSIGNS
This Contract shall extend to and be binding upon the Consultant, its successors and assigns, including
any individual, company, partnership, or other entity with or into which the Consultant shall merge,
consolidate, or be liquidated, or any person, corporation, partnership, or other entity to which the
Consultant shall sell its assets.
3.10 ASSIGNMENT
Services covered by this Contract shall not be assigned or subcontracted in whole or in part without the
prior written consent of the Contracting Officer.
3.11 SUBCONSULTANTS
During the performance of the Contract, the Consultant may engage such additional Subconsultants as
may be required for the timely completion of this Contract. The addition of any Subconsultants shall be
subject to the prior approval of the City.
In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this
Contract rests with the Consultant.
3.12 ALTERATIONS OR ADDITIONS TO SCOPE OF SERVICES
The total scope of Services to be performed in accordance with this Contract will be identified in each
Task Order. Services, which are not included in this Contract, will be considered Additional Services. The
Consultant shall not perform these Additional Services without written authorization in the form of an
approved Change Order from the City.
3.13 MODIFICATIONS
Any amendment, modification or variation from the terms of this Contract shall be in writing and shall
be effective only after approval of all parties signing the original Contract.
3.14 CONFLICT OF INTEREST
This Contract is subject to cancellation pursuant to the provisions of A.R.S. 38-511.
3.15 FORCE MAJEURE
Neither party shall be responsible for delays or failures in performance resulting from acts beyond their
control. Such acts shall include, but not be limited to, acts of God, riots, acts of war, epidemics,
governmental regulations imposed after the fact, fire, communication line failures, power failures, or
On-Call Engineering & Architectural Services 6
Contract No, 2022003A.43
Brown & Associates Certified Inspection Service, Inc.
earthquakes.
3.16 TAXES
The fee listed in this Contract includes any and all taxes applicable to the activities hereunder. The City
shall have no obligation to pay additional amounts for taxes of any type.
3.17 ADVERTISING
No advertising or publicity concerning the City using the Consultant's services shall be undertaken
without prior written approval of such advertising or publicity by the Contracting Officer.
3.18 COUNTERPARTS
This Contract may be executed in one or more counterparts, and each executed duplicate counterpart
of this Contract shall be deemed to possess the full force and effect of the original.
3.19 ENTIRE AGREEMENT
This Contract constitutes the entire understanding of the parties and no representations or agreements,
oral or written, made prior to its execution shall vary or modify the terms herein.
3.20 ARIZONA LAW
This Contract shall be governed and interpreted according to the laws of the State of Arizona.
3.21 EQUAL EMPLOYMENT OPPORTUNITY
The Consultant shall comply with Executive Order No. 11245, entitled "Equal Employment Opportunity",
as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations
(41. CFR Part 60).
3.22 NOTICES
All notices or demands required to be given, pursuant to the terms of this Contract, shall be given to the
other party in writing, delivered by hand or registered or certified mail, at the addresses set forth below,
or to such other address as the parties may substitute by written notice given in the manner prescribed
in this paragraph.
On-Cail Engineering & Architectural Services 7
Contract No, 2022003A.43
Brown & Associates Certified Inspection Service, Inc.
On behalf of the Consultant:
Michael J. Brown, President
Brown & Associates Certified Inspection Service, Inc.
15601 N. 40* Street, Bldg. #130
Phoenix, AZ 85032
P: (480) 991-3751
mike@brownandassociates.net
On behalf of the City:
Christopher A. Williams, Manager
Construction and Contracting Division
530 East Monroe Ave.
Buckeye, AZ 85326
P: (623) 349-6225
cwilliams@buckeyeaz.gov
With a copy to:
Gust Rosenfeld, P.L.C.
One E. Washington, Suite 1600
Phoenix, AZ 85004-2553
Attention: Sheila Schmidt
P: (602) 257-7432
F: (602) 254-4878
Notices shall be deemed received on date delivered if delivered by hand and on the delivery date
indicated on receipt if delivered by certified or registered mail.
3.23 INDEPENDENT CONSULTANT
The services Consultant provides under the terms of this Contract to the City are that of an Independent
Consultant, not an employee, or agent of the City. The City will report the value paid for these services
each year to the Internal Revenue Service (I.R.S.) using Form 1099.
City shall not withhold income tax as a deduction from contractual payments. As a result of this,
Consultant may be subject to |.R.S. provisions for payment of estimated income tax. Consultant is
responsible for consulting the local I.R.S. office for current information on estimated tax requirements.
3.24 INDEMNIFICATION
To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the City and
each council member, officer, employee or agent thereof (the City and any such person being herein
On-Call Engineering & Architectural Services 8
Contract No. 2022003A.43
Brown & Associates Certified Inspection Service, Inc.
called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs
and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of
appellate proceedings) to which any such Indemnified Party may become subject, under any theory of
liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) are caused by the
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or
services of the Consultant, its officers, employees, agents, or any tier of Subconsultant in the
performance of this Contract. The amount and type of insurance coverage requirements set forth below
will in no way be construed as limiting the scope of the indemnity in this Section.
3.25 E-VERIFY REQUIREMENTS
To the extent applicable under Arizona Revised Statues § 41-4401, the Consultant and its Subconsultants
warrant compliance with all federal immigration laws and regulations that relate to their employees and
their compliance with the E-verify requirements under ARIZ. Revised Statues. § 23-214(A). The
Consultant or Subconsultant’s breach of the above-mentioned warranty shall be deemed a material
breach of the Contract and may result in the termination of the Contract by the City of Buckeye. The City
of Buckeye retains the legal right to randomly inspect the papers and records of the Consultant or
Subconsultant employee who work on the Contract to ensure that the Consultant and its Subconsultants
are complying with the above-mentioned warranty.
The Consultant and its Subconsultants warrant keeping the papers and records open for random
inspection during normal business hours by the City. The Consultant and its Subconsultants shall
cooperate with City's random inspections including granting the City’s entry rights onto its property to
perform the random inspections and waiving their respective rights to keep such papers and records
confidential.
3.26 SCRUTINIZED BUSINESS OPERATIONS
Pursuant to Arizona Revised Statues §§ 35-391.06 and 35-393.06, the Consultant certifies that it does
not have a scrutinized business operation in Sudan or Iran. For the purpose of this Section the term
"scrutinized business operations" shall have the meanings set forth in ARIZ. Revised Statues § 35-391 or
and 35-393, as applicable. If the City determines that the Consultant submitted a false Certification, the
City may impose remedies as provided by law including terminating this Contract.
3.27 COMPLIANCE WITH LAWS
In performing any work required hereunder, Consultant shall comply with all applicable laws, ordinances,
and codes of Federal, State and local governments, in effect during this Contract.
3.28 COOPERATIVE PURCHASING
Specific eligible political subdivisions and nonprofit educational or public health institutions (“Eligible
Procurement Unit(s) “) are permitted to utilize procurement agreements developed by the City, at their
discretion and with the agreement of the awarded Consultant. Consultant may, at its sole discretion,
On-Call Engineering & Architectural Services 9
Contract No. 2022003A.43
Brown & Associates Certified Inspection Service, Inc.
accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the
prices and under the terms and conditions of this Agreement, in such quantities and configurations as
may be agreed upon between the parties. All Cooperative procurements under this Agreement shall be
transacted solely between the requesting Eligible Procurement Unit and the Consultant or Contractor.
The exercise of any rights, responsibilities or remedies by Eligible Procurement Unit shall be the exclusive
obligation of such unit. The City assumes no responsibility for payment, performance or any liability or
obligation associated with any cooperative procurement under this Agreement. The City shall not be
responsible for any disputes arising out of transactions made by others.
4.0 INSURANCE
A Standard Accord Certificate of Insurance is acceptable provided it contains the additional language and
deleted language as required in this contract. Failure to provide a Certificate of Insurance with the
appropriate verbiage as required by this contract will result in rejection of the Certificate and delay
contract execution.
Additionally, Certificates of Insurance submitted without referencing a Contract number will be
subject to rejection and returned or discarded.
4.1 Insurance Representations and Requirements
4.1.1 General: Consultant agrees to comply with all City ordinances and state and federal laws and
regulations.
Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at
its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by
the State of Arizona (admitted insurer) with an AM Best, Inc. rating of A or above or an equivalent
qualified unlicensed insurer by the State of Arizona (non-admitted insurer) with policies and forms
satisfactory to City of Buckeye. Failure to maintain insurance as specified may result in termination of
this Contract at City of Buckeye’s option.
No Representation of Coverage Adequacy: By requiring insurance herein, City of Buckeye does not
represent that coverage and limits will be adequate to protect Consultant. City of Buckeye reserves the
right to review any and all of the insurance policies and/or endorsements cited in this Contract but have
no obligation to do so. Failure to demand such evidence of full compliance with the insurance
requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve
Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required
insurance at all times during the performance of this Contract.
4.1.2 Additional Insured: All insurance coverage and self-insured retention or deductible portions, except
Workers Compensation insurance and Professional Liability insurance if applicable, shall name, to the
fullest extent permitted by law for claims arising out of the performance of this contract, City of Buckeye,
its agents, representatives, officers, directors, officials and employees as Additional Insured as specified
under the respective coverage sections of this agreement.
On-Call Engineering & Architectural Services 10
Contract No. 2022003A.43
Brown & Associates Certified Inspection Service, Inc.
4.1.3 Coverage Term: All insurance required herein shall be maintained in full force and effect until all
work or services required to be performed under the terms of subject contract is satisfactorily
performed, completed and formally accepted by the City of Buckeye, unless specified otherwise in this
Contract.
4.1.4 Primary Insurance: Consultant's insurance shall be primary insurance as respects performance of
subject contract and in the protection of City of Buckeye as an Additional Insured.
4.1.5 Claims Made: In the event any insurance policies required by this Contract are written ona "claims
made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended
reporting option, for three (3) years past completion and acceptance of the work or services evidenced
by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the
provisions as required herein for the three-year period.
4.1.6 Waiver: All policies, except Professional Liability insurance, shall contain a waiver of rights of
recovery (subrogation) against City of Buckeye, its agents, representatives, officials, directors, officers,
and employees for any claims arising out of the work or services of Consultant. Consultant shall arrange
to have such subrogation waivers incorporated into each policy via formal written endorsement thereto.
4.1.7 Policy Deductibles and or Self Insured Retentions: The policies set forth in these requirements may
provide coverage, which contain deductibles or self-insured retention amounts. Such deductibles or self-
insured retention shall not be applicable with respect to the policy limits provided to City of Buckeye.
Consultant shall be solely responsible for any such deductible or self-insured retention amount. The City
of Buckeye, at its option and cost, may require Consultant to secure payment of such deductible or self-
insured retention by a surety bond or irrevocable and unconditional Letter of Credit.
4.1.8 Use of Subconsultants: If any work under this agreement is subcontracted in any way, Consultant
shall execute written agreement with Subconsultant containing the same Indemnification Clause and
Insurance Requirements set forth herein protecting City of Buckeye and Consultant. Consultant shall be
responsible for executing the agreement with Subconsultant and obtaining Certificates of Insurance
verifying the insurance requirements.
4.1.9 Evidence of Insurance: Prior to commencing any work or services under this Contract, Consultant
shall furnish City of Buckeye with Certificate(s) of Insurance, or formal endorsements as required by this
Contract, issued by Consultant's insurer(s) as evidence that policies are placed with acceptable
Insurers as specified herein and provide the required coverage(s), conditions, and limits of coverage
specified in this Contract and that such coverage and provisions are in full force and effect. If a Certificate
of Insurance is submitted as verification of coverage, City of Buckeye shall reasonably rely upon the
Certificate of Insurance as evidence of coverage but such acceptance and reliance shall not waive or alter
in any way the insurance requirements or obligations of this agreement. Such certificates shall identify
the Contract work number and be sent to the designated City of Buckeye- Contracting Officer. If any of
the above cited policies expire during the life of this Contract, it shall be Consultant's responsibility to
forward renewal Certificates within ten (10) days after the renewal date containing all the
aforementioned insurance provisions. Certificates shall specifically cite the following provisions:
On-Call Engineering & Architectural Services 11
Contract No. 2022003A.43
Brown & Associates Certified Inspection Service, Inc.