Bid 2026-07 Joint Ops and Vehicle Storage Bldgs.pdf

COCONINO COUNTY

NOTICE OF BID

NOTICE IS HEREBY GIVEN that sealed Bids will be received by the Clerk of the Board of

Supervisors for furnishing the following items or services to Coconino County as follows:

UNTIL: May 27th, 2026 @ 2:00PM for

BID: 2026-07

ITEM: Coconino County Joint Operations Center & Vehicle Storage Building

Project

Specifications and bid forms are available at the Ion Wave Technologies web site at https://coconino.ionwave.net

Bids shall be opened and publicly read by the County. Awards shall be made with reasonable promptness by giving written notice to the bidder whose bid best conforms to the invitation and will be most advantageous to Coconino County with respect to price, conformity to the specifications, and other factors. Other factors to be considered may include, but are not limited to, quality, uniformity of product and the bidder’s past performance on other contracts. Award may be made to other than the low-cost bid. However, all bids may be rejected if the Board determines that rejection is in the public interest.

All suppliers are required to scan in and attach (via Response Attachments) a copy of the 10% bid bond as part of their bid response. The awarded vendor will then be required to submit the

100% Payment and Performance bond within 7 days after the award.

A Pre-Bid Conference will be held on May 5th, 2026 at 10:00 am on site at 5600 East Commerce

Ave, Flagstaff, AZ 86004. Due to the intricacies of the building and site logistics considerations, the pre-bid meeting is MANDATORY to attend and be eligible for award.

https://coconino.ionwave.net/

TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS…………………………………….…….4

SECTION 1: PURPOSE………………………………………………………….…..7

SECTION 2: BACKGROUND………………………………………………………7

SECTION 3: SCOPE OF WORK……………………………………………….……8

SECTION 4: SUBMITTAL REQUIREMENTS……………………………….…...10

SECTION 5: MISCELLANEOUS PROVISIONS………………………………….12

SECTION 6: INSURANCE REQUIREMENTS…………………………….…… ..12

SECTION 7: SAMPLE CONTRACT……………………………………………….16

EXHIBITS

• EXHIBIT A: FEDERAL REQUIRMENTS (attached to draft contract)

• EXHIBIT B: DAVIS BACON WAGES/GENERAL DECISION

01/02/2026

ATTACHMENTS & APPENDIX

ATTACHMENT 1:

• 1.0 CONSTRUCTION DOCUMENTS: COCONINO COUNTY

OPERATIONS CENTER BUILDING

• 1.1 PROJECT SPECIFICATIONS: COCONINO COUNTY

OPERATIONS CENTER BUILDING

• 1.2 STRUCTURAL CALCULATIONS: OPERATIONS CENTER

BUILDING

ATTACHMENT 2:

• 2.0 CONSTRUCTION DOCUMENTS: COCONINO COUNTY

VEHICLE STORAGE BUILDING

• 2.1 PROJECT SPECIFICATIONS: COCONINO COUNTY VEHICLE

STORAGE BUILDING

• 2.2 STRUCTURAL CALCULATIONS: VEHICLE STORAGE

BUILDING

ATTACHMENT 3:

• 3.0 GEO-TECHNICAL REPORT

• 3.1 DRAINAGE REPORT

• 3.2 ENGINEERS DESIGN REPORT – WATER

• 3.3 ENGINEERS DESIGN REPORT – SEWER

• 3.4 CIVIL PLANS

• 3.5 LANDSCAPE PLANS

ATTACHMENT 4:

• 4.0 BID FORM: OPERATIONS CENTER BUILDING

• 4.1 BID FORM: VEHICLE STORAGE BUILDING

ATTACHMENT 5: SELF CERTIFICATION LETTER FOR BABA COMPLIANCE

APPENIDIX A: SITE PLAN

INSTRUCTIONS TO BIDDERS

1. Bid price for any materials or equipment furnished shall be F.O.B. Flagstaff, including delivery to County, unless otherwise indicated in the bid specification. Federal excise tax, if there is such a tax involved, shall be excluded in every case. Bid prices shall be firm.

2. Bids shall be submitted via Coconino County’s online purchasing platform, Ion Wave

Technologies, at https://coconino.ionwave.net on or before the day and hour set for the opening of Bids in the published notice.

3. In the case of errors in extension of prices in bid, the unit price will govern.

4. Any bidder may withdraw his/her bid at any time prior to the closing time for receipt of bids through the Ion Wave system.

5. All Addendums to bids must be acknowledged in Ion Wave.

6. Bids will be opened and read by the County at the time indicated in the Notice for Bids.

7. Bids received after the scheduled closing time for receipt of bids will not be accepted by the

Ion Wave system.

8. Per A.R.S. 11-254.01, the award will be made with reasonable promptness to the bidder whose bid best conforms to the bid specification and will be most advantageous to the

County with respect to price, conformity to specifications, and other factors.

9. All bids may be rejected if the Board determines that rejection is in the public interest.

10. The County reserves the right to waive any informalities in accepting and evaluating bids.

11. If a person contemplating a bid for a proposed contract is in doubt as to the true meaning of any part of the bid documents, or finds discrepancies in, or omissions from said documents, they shall submit all questions through the Ion Wave system.

12. It is the responsibility of all bidders to examine the entire set of bid documents and seek clarification of any item or requirement that may not be clear and to check all responses for accuracy prior to submitting a bid. The bidder is required to ensure that the documents received through any electronic method or Bid posting service are complete. Negligence in preparing a bid confers no right of withdrawal after due date and time.

13. Questions pertaining to specifications received less than five business days before the bid opening may not be answered. Any interpretation or correction of the proposed documents will be made only by addendum, which will be posted in the Ion Wave system. Coconino

County is not responsible for any other explanations or interpretations of the proposed documents.

https://coconino.ionwave.net/

14. Failure on the part of the bidder to comply with all of these instructions may result in bid rejection by the Board of Supervisors.

15. All bid prices shall be guaranteed by the bidder to remain unchanged for a period of one hundred and twenty (120) days from and including the date of the bid opening.

16. The bid specifications shall take precedence in any situation where the instructions to bidders and the bid specifications are contradictory.

17. Bids will be evaluated based on total bid price, inclusive of applicable in-state and out-of-state sales taxes.

18. Coconino County, City of Flagstaff, Flagstaff Unified School District, Northern Arizona

University, and Coconino Community College have implemented an Intergovernmental

Cooperative Purchasing Agreement. The County is also a member of the cooperative purchasing group Strategic Alliance for Volume Expenditures (SAVE), which allows participating agencies to utilize awarded County contracts. Vendor(s) shall acknowledge and agree that the bid and proposal prices offered to the County will also be offered to these additional agencies should they elect to purchase off of this contract. The vendor shall note how long the bid prices shall remain firm. Each agency shall be responsible for the ordering and payment of each order placed through this cooperative purchasing agreement.

19. All proposers shall complete the Disclosure of Responsibility Statement and the Non-

Collusion Affidavit in the Attributes Tab in Ion Wave. Failure to do so may result in a rejection of that proposal.

20. Any bidder objecting to the recommendation of an award, rejection of a bid, solicitation procedures of a bid, or any portion thereof, must submit a written protest to the Purchasing

Office. This protest must be submitted prior to the Board of Supervisors meeting at which the recommendation is on the agenda for award or rejection. The protest must be filed with the Purchasing Office within three business days from notification of the recommendation.

21. All known subcontractors to this project must be indicated in the submittal. No subcontract will be construed as making the County a party of or to such subcontract or subjecting the

County to liability of any kind to any subcontractor. No subcontract shall, under any circumstances, relieve the Independent Contractor of liability and obligation under this contract; and despite any such subletting, the County shall deal through the Independent

Contractor. Subcontractors will be dealt with as workmen and representatives of the

Independent Contractor.

22. The offeror’s products, services and facilities shall be in full compliance with all applicable

Federal, State, and local health, environmental, and safety laws, regulations, standards, and ordinances regardless of whether or not they are referred to by the County. The Independent

Contractor shall be familiar with and operate within the guidelines set forth by the

Occupational Safety and Health Act.

23. Coconino County’s purchasing policy is in accordance with ARS 11-254.01. The County

Board of Supervisors has adopted and approved this policy. The policy can be viewed on the County web site at http://www.coconino.gov/purchasing.aspx

24. Any bidder objecting to the recommendation of an award, rejection of a bid, solicitation procedures of a bid, or any portion thereof (the Protester), must submit a written protest to the Purchasing Manager. This protest must be submitted prior to the Board of Supervisors meeting at which the recommendation is on the agenda for award or rejection. The protest must be filed with the Purchasing Manager within five business days from notification of the recommendation. Complete dispute instructions and process can be found in section 5.19 of the Coconino County Purchasing Policy http://www.coconino.az.gov/purchasing

24. By submitting a bid, the bidder represents that they have examined and understand the Bid

Documents, that they have familiarized themselves with the site and local conditions under which the Work is to be performed, that they have considered federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work, and that their bid is made in compliance therewith.

25. Coconino County reserves the right to reject bids based upon past performance on Coconino

County projects.

26. Upon request, Bidder shall submit evidence, such as financial data, previous experience, present commitments, and other such data as may be requested to demonstrate qualifications of Bidder and/or their subcontractor to perform the Work.

27. Bidder shall submit technical data, drawings or diagrams, names of manufacturers, suppliers, or subcontractors, and other such data necessary for the evaluation of bidder's proposal.

28. Subcontract Agreements will be written to reference all requirements of the Bid Documents.

By submitting a bid, the Bidder represents that the bid is based upon the materials, equipment, and systems required by the Bid Documents. While the proposal is the basis for evaluation of bids, it will not limit Bidder's responsibility to satisfy all requirements of the

Bid Documents.

http://www.coconino.gov/purchasing.aspx http://www.coconino.az.gov/purchasing

Bid 2026-07

Coconino County Joint Operations Center and Vehicle Storage Building Project

1.0 Purpose

The purpose of this solicitation is to obtain Bids from licensed General Contractors to complete new construction of the Coconino County Joint Operations Center and Storage Building Project, demolition of an existing pre-engineered metal building, and all related civil, site and utility construction per the Bid Plans, Specifications and Contract and Permit provisions.

A Pre-Bid Conference will be held on May 5th 2026 at 10:00 am local time. The meeting will be held at 5600 East Commerce Avenue, Flagstaff, AZ. 86004, in the second floor conference room. The pre-bid meeting is MANDATORY to attend to be eligible to submit a Bid.

2.0 Background

The project includes construction of a new approximately 9,300-square-foot Joint Operations

Center and an approximately 17,600-square-foot Storage Building, along with all associated civil, site, and utility improvements. Both structures will be delivered as Pre-Engineered Metal

Buildings (PEMB). The facilities will be built on County-owned property at the Sheep Hill campus, located at 5600 East Commerce Avenue, Flagstaff, AZ 86004. The scope of work also includes demolition of an existing approximately 6,700-square-foot PEMB, located where the

Joint Operations Center building will be constructed.

2.1 Design Team

LEA Architects is the architect of record for the project. LEA will provide construction administration services for the project including responding to RFIs, reviewing submittals, completing project inspections, attending Owner/Architect/Contractor meetings and general construction phase assistance to the Owner.

2.2 Permitting

The City of Flagstaff and the State Fire Marshal shall serve as the Authorities Having

Jurisdiction (AHJ) for this project. All required permits will be obtained through these agencies. To support an accelerated project schedule, the 100% Bid Plans have been submitted to the City for permitting concurrently with the bid process. The first round

“substantive” City comments have already been incorporated into the Bid Plans.

Deferred Submittal: The building permit was submitted with the Pre-Engineered Metal

Building (PEMB) identified as a “deferred submittal.” A critical early task upon award will be to engage a PEMB vendor, complete all required drawings and reaction calculations, and submit these documents to the Owner and Architect for any necessary plan revisions. Following this review, the Contractor shall submit the PEMB package to the City for approval of the deferred submittal.

A Public Improvements Permit will be required for any and all public utility, roadway, ROW/easement work. When all formal Building Permit reviews have been completed and approved, the County will apply for a Public Improvement Permit.

Permit Applications and Fees: The County will apply and pay for all required permits.

The Contractor will need to complete portions of the permit applications and administer all construction in accordance with permit requirements.

2.3 Federal Funding

The project is funded in part, through Federal funds. Federal requirements, including

Davis Bacon wages and Build America Buy America (BABA) will apply, as specified in this Bid Request in Exhibits A and B and Attachment 5: Self Certification Letter for

BABA Compliance.

Due to different funding sources, invoices for the two scope areas will need to be separated into two pay applications, one for each scope area.

3.0 Project Scope of Work

3.1 Project Scope Areas

The project will complete the work under two scope areas: 1) The Joint Operations

Center, 2) The Storage Building. The project will be awarded under one contract for both scope areas. The project will be permitted and constructed as one project. Due to different funding sources, invoices for the two scope areas will need to be separated into two pay applications, one for each scope area.

3.2 General Scope of Work

Includes but not limited to:

• Construction of the Joint Operations Center Building per the permitted plans including procurement of the PEMB.

• Construction of the Vehicle Storage Building per the permitted plans including procurement of the PEMB.

• Civil construction per the permitted plans.

• Landscape construction per the permitted plans.

• Demolition of existing building “B4” per the permitted plans.

• Completion of project in accordance with Federal requirements.

• Completion of project in accordance with requirements of the permitting Authorities

Having Jurisdiction: City of Flagstaff, State Fire Marshall.

• Commissioning of all building systems.

• Coordination with municipal and franchise utilities for completion of work.

• Completing work within public and private utility easements.

3.3 Project Administration

• Developing a construction phase schedule for completion of both scope areas under generally parallel schedules.

• Working with Owner/Architect on the PEMB deferred submittal to finalize building permit.

• Administering the project in accordance with Federal Grant provisions.

• Administering separate billing for: 1) Operations Center, 2) Storage Building.

• Construction of the proposed improvements per the approved/permitted plans and specifications.

• Maintaining a safe worksite throughout construction.

• Minimizing disturbances to other Sheep Hill Campus activities to the greatest extent possible throughout construction.

• Schedule and complete all required testing and inspections. This includes both the materials testing vendor and the AHJ.

• Addressing any comments/requirements as identified during inspections.

• Project close-out including: providing as-built drawings, warranty information and closeout documentation.

3.4 Pre-Engineered Metal Building Procurement

The awarded Contractor will need to contract with a PEMB vendor to complete final design, permitting and construction of (2) PEMB. It is critical that the awarded

Contractor complete the deferred submittal to the Owner/Architect and permitting authority as soon as possible after award to obtain the final building permit.

3.5 Materials Testing and Special Inspections (MTSI) and AHJ Inspections

Coconino County has contracted with Western Technologies, Inc., dba Certerra, to complete all MTSI work for the project. The Contractor will need to coordinate and schedule all inspections with the MTSI per requirements including but not limited to:

• Materials testing and special inspections with the MTSI.

• Submittal of testing and inspection reports to AHJ.

• Scheduling and coordination of all required AHJ inspections.

• Administration and coordination between AHJ and MTSI.

3.6 Site Logistics & Safety

Appendix A: Site Plan outlines the Sheep Hill Campus, proposed project areas, and designated access points for construction. Key site logistics and safety considerations include:

• Public Works Facility: The Campus serves as the County Public Works Department primary operations center. The campus is a 24/7 facility that will remain open and active throughout construction.

• Fuel Island: The site is located adjacent to an active fuel island which will need to stay fully operational 24/7 throughout the entire project duration. The fuel island serves a range of County and City Departments including County Sheriff and

Flagstaff Police Department.

• Cinder Mine: An active MSHA-certified cinder mine is located east of the construction zone and will continue operating during the project. Mine access routes will remain south and east of the site. No operational conflicts with construction are anticipated.

• Contractor and County Coordination: Coconino County will assign a Project

Representative to coordinate site logistics and safety with the Contractor. During design, the County engaged stakeholders to develop a plan to ensure campus operations are maintained and, where feasible, directed away from the construction area.

4.0 Submittal Requirements

4.1 Demonstration of Past Experience:

Bidders shall submit:

• A Letter of Introduction indicating their interest in the project and that they meet all requirements to submit a Bid.

• Resumes of key personnel that will be assigned to the project.

• Summary of (5) projects of a similar scope and scale including references. Include information on original budget and final cost. Experience with other Federally funded projects should be indicated if applicable.

• Disclosure of information of any litigation that has occurred for work in the past five years.

4.2 Project Approach:

Bidders shall submit a brief narrative illustrating:

• Proposed project schedule from Notice-to-Proceed to completion.

• Proposed site logistics and phasing plan.

• Proposed safety plan.

• Narrative detailing any assumptions, exclusions or clarifications affecting the

Bid price, General Conditions, schedule or execution of the project.

4.3 Bid Form

There are two Bid Forms found in Attachment 4 (2 tabs at bottom of spreadsheet) must be fully completed and uploaded into Ion Wave. Under the Line-Item tab in

Ion Wave, you must also enter the total for each scope area from the Bid form.

This Bid Form includes an Owner’s allowance of $100,000 ($100K for each building) to cover any revisions required by the City’s second round of plan review comments, or State Fire Mashall comments, that are not reflected in the current 100% Bid Plans. Usage of this allowance is at the Owner’s discretion and approval. Unused balances shall be credited back to the Owner. This amount is to be included on each of the submitted Bid Forms.

This Bid Form includes an Owner’s allowance of $100,000 ($50K for each building) to cover any revisions required by the “deferred submittal” process for the PEMB. Usage of this allowance is at the Owner’s discretion and approval.

Unused balances shall be credited back to the Owner. This amount is to be included on each of the submitted Bid Forms.

4.4 Self Certification Letter for BABA Compliance

Provide a SAM.gov registration form, including UEI number, and a signed Byrd

Anti- Lobbying form as Attachments.

Bid Form and all required forms and documents must be submitted to the Ion

Wave system no later than 2:00 pm AZ time on May 27th, 2026. Vendors must register as a Supplier (if you have not already done so) at

HTTPS://COCONINO.IONWAVE.NET

Be sure to click “Submit Proposal” when you are finished uploading your proposal, bid forms and other required information. You will get an email from

IW indicating that you have successfully submitted the proposal.

This is the Teams invitation to the Bid opening.

Microsoft Teams meeting

Click here to join the meeting

Meeting ID: 268 356 584 542

Passcode: 2vRQLV

Or call in (audio only)

+1 872-242-8971,,984998635# United States, Chicago

Phone Conference ID: 984 998 635#

Proposals shall include a pdf scan of a certified check, cashier’s check, or surety bond for 10% of the total amount of the Bid that will be uploaded in IW. The

Board shall enter into a contract with the lowest responsible and responsive

Bidder whose proposal is satisfactory. A performance and payment bond for not less than 100% (one hundred percent) of the full amount of the proposal shall be required upon contract award.

Any questions be contractors must be submitted in Ion Wave and an answer will be provided for all to view. Any addendums will also be issued through Ion

Wave.

https://coconino.ionwave.net/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWM0NGFiYzEtNzZiMi00M2NkLWI3ZTgtY2ZhYTA2MzdkOWY5%40thread.v2/0?context=%7b%22Tid%22%3a%22dc26a3a2-40fa-4256-885d-68d7a78b656a%22%2c%22Oid%22%3a%2276d9dc81-7e59-4bf9-aa84-8552dfa8dccd%22%7d tel:+18722428971,,984998635#

Woman and Minority Owned Businesses - Woman and minority owned businesses are encouraged to submit proposals for this work. The Contractor shall also use best efforts to utilize minority business enterprises, women business enterprises, and local contractors or suppliers.

5.0 Miscellaneous Provisions

5.1 FEDERAL REQURIEMENTS: The Contractor shall comply with the Federal Labor standards set forth in the Davis Bacon Act Copeland Act and the Contract Work Hours and Safety Standards Act, and all rulings and interpretations of the Davis-Bacon Act and related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference in this contract. See EXHIBIT A for additional requirements.

5.2 REQUIRED RECORDS: The Contractor shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues received under this Contract in sufficient detail to reflect all costs, direct and indirect, or labor, materials, equipment, supplies, services and other costs and expenses of whatever nature, for which payment is claimed under this Contract.”

5.3 RECORD RETENTION REQUIREMENTS: The Contractor shall maintain records for a period of five (5) years per contract beyond the dates upon which the final payments are made and all other pending matters are closed. Records shall be retained beyond the prescribed period if any litigation or audit is begun or if a claim is instituted. In these instances, the records shall be retained until the litigation, audit or claim has been finally resolved or until the end of the regular period, whichever is later.”

6.0 Insurance Requirements

The Independent Contractor will provide and maintain and cause its sub-contractors to provide and maintain appropriate insurance acceptable to the County.

A. In no event will the total coverage be less than the minimum insurance coverage specified below:

i. Commercial General Liability occurrence version in an amount not less than Two

Million Dollars ($2,000,000) per occurrence/Four Million Dollars ($4,000,000) aggregate. The policy shall include coverage for bodily injury, property damage, personal injury, and products and completed operations and shall include the following;

General Aggregate $4,000,000

Products/Completed Operations Aggregate $4,000,000

Personal and Advertising Injury $1,000,000

Fire Legal Liability $50,000

Each Occurrence $2,000,000

ii. Automobile Liability in an amount not less than One Million Dollars ($1,000,000) combined single limit (CSL) per occurrence to include either “any auto” or

“scheduled, owned, hired, and or non-owned vehicles. Such insurance shall include coverage for loading and unloading hazards.

iii. A Certificate of Insurance for workers’ compensation coverage with employer’s liability limits of at least 1 Million (1,000,000) each accident/1 Million (1,000,000) each employe for disease/1 Million (1,000,000) policy aggregate for disease, or Sole

Proprietor Waiver if the Independent Contractor has no employees. If a Certificate of

Insurance is provided, the insurer must agree to waive all rights of subrogation against the County, its officers, agents, employees and volunteers for losses arising from work performed by the Independent Contractor for the County.

iii. Professional Liability in an amount not less than Two Million Dollars ($2,000,000) per occurrence/Two Million Dollars ($2,000,000) aggregate when endorsed with a designated project aggregate coverage limit for this project or Two Million Dollars

($2,000,000) per occurrence/Four Million Dollars ($4,000,000) Aggregate if not endorsed with a designated project aggregate coverage limit for this project. The retroactive date shall be the same as or prior to the inception date of this contract, or the original contract start date if this is a renewal contract. In the event the insurance is cancelled, non-renewed, or the retroactive date is advanced by the existing insurer or due to a change in insurer, the Independent Contractor shall purchase a two-year extended reporting period and provide evidence of such coverage to the County by submitting a new certificate of insurance.

iv. Pollution Liability in an amount not less than Two Million Dollars ($2,000,000) designated project aggregate coverage limit for this project or Two Million Dollars

($2,000,000) per occurrence/Four Million Dollars ($4,000,000) Aggregate if not endorsed with a designated project aggregate coverage limit for this project. The retroactive date shall be the same as or prior to the inception date of this contract, or the original contract start date if this is a renewal contract. In the event the insurance is cancelled, non-renewed, or the retroactive date is advanced by the existing insurer or due to a change in insurer, the Independent Contractor shall purchase a two-year extended reporting period and provide evidence of such coverage to the County by submitting a new certificate of insurance.

v. Builder’s Risk Course of Construction Property insurance on an all risk, special form, replacement cost basis for the combined full value of the materials and finished value of the two new building structures in progress until complete which are the subject of this project, from the inception of the project and continuing until its completion and acceptance by Coconino County and resulting in title transfer to Coconino County. The deductible on this insurance shall be no more than $10,000 per occurrence. Coconino

County shall be named as loss payee.

B. The Independent Contractor will name the County, its agents, officials and employees as additional insureds for general liability including premises/operations, personal and advertising injury, products/completed operations, and as additional insured for automobile liability, and pollution liability, and will specify that the insurance afforded by the

Independent Contractor for general liability, automobile, liability and pollution liability is primary insurance and that any insurance coverage carried or self-insurance by the County, any department or any employee will be excess coverage and not contributory insurance to that provided by the Independent Contractor. The additional insured endorsement for products/completed operations of General Liability made for the County shall provide this coverage for at least seven years following County receipt of product or completion of work by the Independent Contractor for the County. The insurance policies for general liability, automobile liability, and pollution liability must contain a severability of interest provision. County reserves the right to continue payment of premium for which reimbursement will be deducted from amounts due or subsequently due Independent

Contractor.

C. The independent contractor shall endorse a waiver of subrogation on its insurance policies for general liability, automobile liability, pollution liability, workers’ compensation and employer’s liability waiving all rights of subrogation against the County, its officers, agents, employees and volunteers for losses arising from work performed by the Independent Contractor for the County

D. If the independent contractor uses an Umbrella or Excess Liability policy to attain the required coverage limits of any insurance coverage area listed above, a copy of the Umbrella Excess Insurance Policy Underlying Policies page shall be included with a Certificate of Insurance and copies of required endorsements issued to the County to show the insurance policies which the Umbrella or Excess policy provides coverage over and the attachment point of coverage, and the Umbrella or Excess policy shall be endorsed to add Coconino County and its agents, officials and employees as additional insureds and shall also be endorsed with a waiver of subrogation waiving all rights of subrogation against the County, its officers, agents, employees and volunteers for losses arising from work performed by the Independent Contractor for the County, its agents, officials and employees with copies of these required endorsements to be provided to the County.

E. If any self-insured retention or deductible exceeds Twenty-Five Thousand Dollars

($25,000), the County reserves the right, but not the obligation, to request and review the Independent Contractor’s most recent annual report or audited financial statements to determine the acceptability of the deductible for the required coverage.

F. If a policy does expire during the life of the Contract, a renewal certificate must be sent to the County fifteen (15) days prior to the expiration date.

G. Upon the execution of this Agreement by the Independent Contractor, the Independent

Contractor will furnish the County with copies of the Certificates of Insurance drawn in conformity with the above insurance requirements and copies of all required insurance endorsements. The County reserves the right to request and receive certified copies of any or all of the above policies and/or endorsements. Failure on the part of the

Independent Contractor to procure and maintain the required liability insurance and provide proof thereof to the County within ten (10) days following the commencement of a new policy, will constitute a material breach of the Agreement upon which the

County may immediately terminate the Agreement.

H. The Independent Contractor will comply with statutory requirements for both workers’ compensation and unemployment insurance coverage during the term of this

Agreement. A Certificate of Insurance for workers’ compensation coverage, or Sole

Proprietor Waiver, will be provided within ten (10) days of signing this Agreement.

The insurer must agree to waive all rights of subrogation against the County, its officers, agents, employees and volunteers for losses arising from work performed by the Independent Contractor for the County.

I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, the Independent Contractor shall execute written agreements with its subcontractors containing the indemnification provisions set forth below, and the insurance requirements set forth herein, protecting the County and the Independent Contractor.

Independent Contractor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance and copies of required insurance policy endorsements verifying the insurance requirements are met by their subcontractors.

SAMPLE CONTRACT

INDEPENDENT CONTRACTOR AGREEMENT (hereinafter the "Agreement") made this

___________ day of ________________________, 2026, BETWEEN

(hereinafter the "Independent Contractor" or “IC”), AND

COCONINO COUNTY, a political subdivision of the State of Arizona, of 219 East Cherry

Avenue, Flagstaff, Arizona 86001, (hereinafter the "County");

WHEREAS:

A. The County has a need for an Independent Contractor to provide professional brownfield abatement services for the remediation of the Old Coconino County Jail and

B. The County issued Bid 2026-07 to obtain the Services, and

C. The IC submitted the lowest responsive, responsible Bid, and

D. The parties wish to contract to provide the Services according to the following Terms and

Conditions.

THEREFORE, in consideration of their mutual promises set out herein, the Independent

Contractor and the County agree as follows:

I. Scope of Work

Per the Scope of Work in the Bid documents

II. Compensation

TBD

III. Term of Agreement

TBD

IV. Termination of Agreement

Either party may terminate this Agreement, with or without cause, or convenience, by giving thirty (30) days written notice to the other party. In that event, the termination date shall be the thirtieth (30th) day after furnishing proper notice to the other party. The Independent Contract shall be paid for any work completed up to the date written notice of termination is sent to the other party by first class mail.

V. Additional Terms for Contracts Funded by Federal Grants

The County has received funding from a Federal grant to fund all or a portion of the work described in the Scope of Work, Independent Contractor agrees to the additional terms of agreement attached as Exhibit A and incorporated herein.

VI. Insurance

The Independent Contractor will provide and maintain and cause its sub-contractors to provide and maintain appropriate insurance acceptable to the County.

A. In no event will the total coverage be less than the minimum insurance coverage specified below:

i. Commercial General Liability occurrence version in an amount not less than Two

Million Dollars ($2,000,000) per occurrence/Four Million Dollars ($4,000,000) aggregate. The policy shall include coverage for bodily injury, property damage, personal injury, and products and completed operations and shall include the following;

General Aggregate $4,000,000

Products/Completed Operations Aggregate $4,000,000

Personal and Advertising Injury $1,000,000

Fire Legal Liability $50,000

Each Occurrence $2,000,000

ii. Automobile Liability in an amount not less than One Million Dollars ($1,000,000) combined single limit (CSL) per occurrence to include either “any auto” or

“scheduled, owned, hired, and or non-owned vehicles. Such insurance shall include coverage for loading and unloading hazards.

vi. A Certificate of Insurance for workers’ compensation coverage with employer’s liability limits of at least 1 Million (1,000,000) each accident/1 Million (1,000,000) each employe for disease/1 Million (1,000,000) policy aggregate for disease, or Sole Proprietor

Waiver, if the Independent Contractor has no employees. If a Certificate of Insurance is provided, the insurer must agree to waive all rights of subrogation against the County, its officers, agents, employees and volunteers for losses arising from work performed by the

Independent Contractor for the County.

vii. Professional Liability in an amount not less than Two Million Dollars ($2,000,000) designated project aggregate coverage limit for this project or Two Million Dollars

($2,000,000) per occurrence/Four Million Dollars ($4,000,000) Aggregate if not endorsed with a designated project aggregate coverage limit for this project. The retroactive date shall be the same as or prior to the inception date of this contract, or the original contract start date if this is a renewal contract. In the event the insurance is cancelled, non-renewed, or the retroactive date is advanced by the existing insurer or due to a change in insurer, the

Independent Contractor shall purchase a two-year extended reporting period and provide evidence of such coverage to the County by submitting a new certificate of insurance.

viii. Pollution Liability in an amount not less than Two Million Dollars ($2,000,000) per occurrence/Two Million Dollars ($2,000,000) aggregate when endorsed with a designated project aggregate coverage limit for this project or Two Million Dollars ($2,000,000) per occurrence/Four Million Dollars ($4,000,000) Aggregate if not endorsed with a designated project aggregate coverage limit for this project. The retroactive date shall be the same as or prior to the inception date of this contract, or the original contract start date if this is a renewal contract. In the event the insurance is cancelled, non-renewed, or the retroactive date is advanced by the existing insurer or due to a change in insurer, the Independent

Contractor shall purchase a two-year extended reporting period and provide evidence of such coverage to the County by submitting a new certificate of insurance.

ix. Builder’s Risk Course of Construction Property insurance on an all risk, special form, replacement cost basis for the combined full value of the materials and the finished value of the two new building structures in progress until complete which are the subject of this project, from the inception of the project and continuing until its completion and acceptance by Coconino County and resulting in title transfer to Coconino County. The deductible on this insurance shall be no more than $10,000 per occurrence. Coconino

County shall be named as loss payee.

B. The Independent Contractor will name the County, its agents, officials and employees as additional insureds for general liability including premises/operations, personal and advertising injury, products/completed operations, and as additional insured for automobile liability, and pollution liability,, and will specify that the insurance afforded by the

Independent Contractor for general liability, automobile liability, and pollutions liability is primary insurance and that any insurance coverage carried or self-insurance by the County, any department or any employee will be excess coverage and not contributory insurance to that provided by the Independent Contractor. The additional insured endorsement for products/completed operations of General Liability made for the County shall provide this coverage for at least seven years following County receipt of product or completion of work by the Independent Contractor for the County. The insurance policies for general liability, automobile liability, and pollution liability must contain a severability of interest provision. County reserves the right to continue payment of premium for which reimbursement will be deducted from amounts due or subsequently due Independent

Contractor.

C. The independent contractor shall endorse a waiver of subrogation on its insurance policies for general liability, automobile liability, pollution liability, workers’ compensation and employer’s liability waiving all rights of subrogation against the County, its officers, agents, employees and volunteers for losses arising from work performed by the Independent Contractor for the County.

D. If the independent contractor uses an Umbrella or Excess Liability policy to attain the required coverage limits of any insurance coverage area listed above, a copy of the Umbrella Excess Insurance Policy Underlying Policies page shall be included with a Certificate of Insurance and copies of required endorsements issued to the County to show the insurance policies which the Umbrella or Excess policy provides coverage over and the attachment point of coverage, and the Umbrella or Excess policy shall be endorsed to add Coconino County and its agents, officials and employees as additional insureds and shall also be endorsed with a waiver of subrogation waiving all rights of subrogation against the County, its officers, agents, employees and volunteers for losses arising from work performed by the Independent Contractor for the County, its agents, officials and employees with copies of these required endorsements to be provided to the County.

E. If any self-insured retention or deductible exceeds Twenty-Five Thousand Dollars ($25,000), the County reserves the right, but not the obligation, to request and review the Independent Contractor’s most recent annual report or audited financial statements to determine the acceptability of the deductible for the required coverage.

F. If a policy does expire during the life of the Contract, a renewal certificate with copies of the required insurance policy endorsements must be sent to the County fifteen (15) days prior to the expiration date.

G. Upon the execution of this Agreement by the Independent Contractor, the Independent Contractor will furnish the County with Certificates of Insurance and copies of required insurance policy endorsements drawn in conformity with the above insurance requirements.

The County reserves the right to request and receive certified copies of any or all of the above policies and/or endorsements. Failure on the part of the Independent Contractor to procure and maintain the required liability insurance and provide proof thereof with copies of required endorsements to the County within ten (10) days following the commencement of a new policy, will constitute a material breach of the Agreement upon which the County may immediately terminate the Agreement.

H. The Independent Contractor will comply with statutory requirements for both workers’ compensation and unemployment insurance coverage during the term of this Agreement.

A Certificate of Insurance for workers’ compensation coverage, or Sole Proprietor Waiver, will be provided within ten (10) days of signing this Agreement. The insurer must agree to waive all rights of subrogation against the County, its officers, agents, employees and volunteers for losses arising from work performed by the Independent Contractor for the County.

I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, the Independent Contractor shall execute written agreements with its subcontractors containing the indemnification provisions set forth below, and the insurance requirements set forth herein, protecting the County and the Independent Contractor. Independent Contractor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance and copies of required insurance policy endorsements verifying the insurance requirements are met by their subcontractors.

VII. Indemnification

The Independent Contractor will at all times, to the fullest extent permitted by law, indemnify, keep indemnified, defend and save harmless the County and/or any of its agents, officials and employees from any and all claims, demands, suits, actions, proceedings, losses, costs and/or damages of every kind and description, including any attorney’s fees and/or litigation expenses, which may be brought or made against or incurred by the County on account of loss of or damage to any property or for injuries to or death of any person, caused by, arising out of, or contributed to, in whole or in part, by reason of any alleged act, omission, professional error, fault, mistake, or negligence of the

Independent Contractor, its employees, agents, representatives, or subcontractors, their employees, agents, or representatives in connection with or incidental to the performance of this Agreement or arising out of Workers’ Compensation claims, Unemployment

Compensation claims, or Unemployment Disability Compensation claims of employees of the Independent Contractor and/or its subcontractors or claims under similar such laws or obligations. The Independent Contractor’s obligations under this paragraph do not extend to any liability caused by the sole negligence of the County or its employees.

VIII. Independent Contractor’s Status

The Independent Contractor will operate as an independent contractor and not as an officer, agent, servant, or employee of the County.

A. The Independent Contractor will be solely responsible for the acts and omissions of its officers, agents, servants, and employees. As an independent contractor, the Independent

Contractor is responsible for the payment of all applicable income and employment taxes and for providing all workers’ compensation insurance required by law.

B. The independent contractor will operate as an independent entity and none of the employees of the independent contractor are to be considered employees of Coconino

County. Independent contractor employees are not eligible for Coconino County group health insurance or other benefits.

IX. Force Majeure

Independent Contractor will not be liable for any unforeseen acts or events that prevent it from performing its obligations under this Agreement, if beyond the control of the party despite exercise of due diligence, including, but not limited to, delays caused by fire, flood, earthquake, landslide, washouts, storm damage, acts of war or terrorism, unavailability of materials or supplies, epidemics, labor strikes, civil disturbances, insurrections, riots, explosions, and acts of God.

X. Immigration and Scrutinized Business

Pursuant to A.R.S. § 41-4401, Coconino County, as a political subdivision of the State of

Arizona, is required to include in all contracts the following requirements:

A. The Independent Contractor and each of its subcontractors warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214(A).

B. A breach of warranty under paragraph (A) above shall be deemed a material breach of the contract and is subject to penalties up to and including termination of the contract.

C. The County retains the legal right to inspect the papers of the Independent Contractor or an of its subcontractors who work on the contract to ensure that Independent Contractor or its subcontractor(s) comply with the warranty provided under paragraph (A) above.

D. False certifications may result in the termination of this contract.

XI. Certification Pursuant to A.R.S. § 35-393.01

Certification Pursuant to A.R.S. § 35-393.01; If Independent Contractor engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of

$100,000 or more, Independent Contractor certifies it is not currently engaged in and agrees for the duration of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.

XII. Forced Labor of Ethnic Uyghurs

If Independent Contractor engages in for-profit activity and has ten (10) or more employees, pursuant to A.R.S. §35-394, the Independent Contractor certifies that it does not currently, and agrees for the duration of the contract that it will not, use: 1) the forced labor of ethnic Uyghurs in the People’s Republic of China; 2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and 3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.

If the Independent Contractor becomes aware during the term of the contract that the company is not in compliance with the written certification, the company shall notify the

County within five business days after becoming aware of the noncompliance. If the

Independent Contractor does not provide the County with a written certification that the

Independent Contractor has remedied the noncompliance within 180 days after notifying the County of the noncompliance, this Contract terminates, except that if the contract termination date occurs before the end of the remedy period the Contract termination date is on the Contract termination date.

XIII. Non-Appropriation of Funds

Notwithstanding any other provisions in this Contract, this Contract may be terminated if the County’s governing body does not appropriate sufficient monies to fund its obligations herein or if grant funds are terminated or reduced for the purpose of maintaining this

Contract. Upon such termination, the County shall be released from any obligation to make future payments and shall not be liable for cancellation or termination charges.

XIV. Amendment and Entirety of Contract

This document constitutes the entire agreement between the parties with respect to the subject matter hereto and supersedes all previous proposals, both oral and written, negotiations, representation, commitments, writings, agreements and other communications between the parties. It may not be changed or modified except by an instrument in writing signed by a duly authorized representative of each party.

XV. Order of Precedence

In the event of a conflict in any provisions of this Agreement with any terms and conditions of the Independent Contractor’s master services agreement, software license(s), or other contract(s) or agreement(s), the provisions of this Agreement take precedence.

XVI. Records

The Independent Contractor will:

A. Submit all reports and invoices specified in this Agreement.

B. Retain and contractually require each subcontractor to retain all data and other records relating to the…