RFQ 2026-104 CMAR for Jail Demolition.pdf

COCONINO COUNTY

NOTICE OF REQUEST FOR QUALIFICATIONS

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Clerk of the Board of Supervisors for furnishing the following items or services to Coconino County as follows:

UNTIL: July 15th, 2026 at 2:00 pm FOR

RFQ NUMBER: 2026-104

ITEM: Construction Manager at Risk (CMAR) for Old County Jail Demolition and Site Rehabilitation

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

This is a qualifications-based selection process as authorized by ARS §34-601 through §34-612.

An evaluation committee shall select, in order of preference and based on the criteria established, a list of firms deemed to be qualified to provide the services required. If a short list is selected, interviews of the top selected firms may be conducted and then negotiations may commence for a contract with firm(s) for the required services. The negotiations shall include consideration of compensation and other contract terms and conditions the County determines to be fair and reasonable. In making this determination, the County shall take into account the estimated value, the scope, complexity and nature of the required services.

An in-person Pre-Bid Conference will be held on June 22nd, 2026 at 10:00 am local time.

Meeting will start in the first-floor meeting room at 219 E. Cherry Ave and then move on site at

211 North W. C. Riles St, Flagstaff, AZ 86001. Due to the intricacies of the building and site logistics considerations, the pre-bid meeting is MANDATORY to attend and be eligible to submit a Proposal.

https://coconino.ionwave.net/

INSTRUCTIONS TO PROPOSERS

1. Proposals/Statements of Qualifications shall be submitted via Coconino County’s online purchasing platform, Ion Wave Technologies, to https://coconino.ionwave.net on or before the day and hour set for the opening of Proposals in the published notice. Vendors must register through the Supplier Registration link on this page.

2. Any Proposer may withdraw their Proposal at any time prior to the closing time.

3. All Addendums to the solicitation must be acknowledged in Ion Wave.

4. Proposals will be opened, and vendors announced by the County at the time indicated in the call for Proposals. Details of each proposal, including proposed fees, shall not be announced at the time of opening. Such information shall be made public after all negotiations are completed and an award made.

5. Proposals received after the scheduled closing time for receipt of Proposals will not be accepted by the Ion Wave system.

6. Per A.R.S. 11-254.01, award will be made with reasonable promptness to the Proposer whose

Proposal best conforms to the Proposal Scope of Work and will be most advantageous to the

County with respect to price, conformity to Scope of Work, and other factors.

7. All Proposals may be rejected if the Board determines that rejection is in the public interest.

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

Proposals.

9. If a person contemplating a Proposal for a proposed contract is in doubt as to the true meaning of any part of the Proposal documents, or finds discrepancies in or omissions from said documents, he/she shall submit to the Ion Wave system a request for an interpretation or correction thereof.

10. It is the responsibility of all Proposers to examine the entire set of Proposal 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 Proposal. The proposer is required to ensure that the documents received through any other electronic method or Bid posting service are complete.

Negligence in preparing a Proposal confers no right of withdrawal after due date and time.

11. Questions regarding the Scope of Work received less than five (5) business days before the

Proposal due date may not be answered. Any interpretation or correction of the proposed documents will be made only by addendum. Coconino County is not responsible for any other explanations or interpretations of the proposed documents.

12. Failure on the part of the Proposer to comply with all of these instructions may result in

Proposal rejection by the Board of Supervisors.

https://coconino.ionwave.net/

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

14. The Proposal specifications shall take precedence in any situation where the instructions to

Proposer and the Proposal specifications are contradictory.

15. 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 Proposal and proposal prices offered to the County will also be offered to these additional agencies should they elect to purchase off of this contract. Vendor shall note how long the Proposal prices shall remain firm. Each agency shall be responsible for ordering and payment of each order placed through this cooperative purchasing agreement.

16. 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 rejection of that proposal.

17. Coconino County and vendors will use their best cooperative efforts to resolve disputes arising in the normal course of business at the lowest organizational level between each party’s staff with appropriate authority to resolve such disputes. When a dispute arises which cannot be resolved in the normal course of business, the authorized persons shall notify the other of the dispute, with the notice specifying the disputed issues and the position of the party submitting the notice. The authorized people shall use their best good faith efforts to resolve the dispute within five business days of submission by either party to the other of such dispute notice.

18. 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 with the Independent

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

Independent Contractor.

19. 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 proposer shall be familiar with and operate within the guidelines set forth by the Occupational Safety and Health Act.

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

Board of Supervisors had adopted and approved this policy. The policy can be viewed on the

County web site at http://www.coconino.az.gov/purchasing http://www.coconino.az.gov/purchasing

21. Any proposer objecting to the recommendation of award, rejection of a proposal, solicitation procedures of an RFQ, 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. A complete description of the protest procedures may be found in the County Purchasing Policy located on the County’s web site at http://www.coconino.az.gov/purchasing

22. If the County is unable to successfully negotiate a contract with the highest rated offeror, the

County may begin negotiations with the next highest rated proposal, cancel that RFQ and re-solicit or completely cancel the RFQ.

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

Coconino County

Request for Qualifications

RFQ 2026-104

Construction Manager at Risk (CMAR)

Old Jail Demolition and Site Rehabilitation

1.0 Purpose

The purpose of this RFQ is to obtain Statements of Qualifications (SOQs) from licensed General

Contractors to complete Construction Manager at Risk (CMAR) pre-construction and construction phase services for the demolition, and site rehabilitation of the former Coconino County

Jail.

An in-person Pre-Bid Conference will be held on June 22nd, 2026 at 10:00 am local time.

Meeting will start in the first-floor meeting room at 219 E. Cherry Ave and then move on site at

211 North W. C. Riles St, Flagstaff, AZ 86001. Due to the intricacies of the building and site logistics considerations, the pre-bid meeting is MANDATORY to attend and be eligible to submit a Proposal.

2.0 Background

2.1 Site History

The former Coconino County Jail is located at 211 North W.C. Riles Street in Flagstaff, Arizona, 86001; APN 101-17-010D. The facility occupies a two-acre commercial parcel within the downtown business district and shares the site with an active court complex.

Originally constructed in 1892, the jail underwent major expansions in 1924, 1963, and 1976.

The building encompasses approximately 40,000 square feet in total, with roughly 3,000 square feet comprising the “historic” sections dating from 1892 and 1924.

The historic portion of the facility is of sandstone block construction. The “non-historic” portions of the jail are constructed primarily of reinforced concrete and concrete masonry block. The facility has been vacant since 2000, following the opening of the County Jail and the Law

Enforcement Administration Facility.

3.0 Project Context

The work of the awarded CMAR Contractor will occur within the broader effort to redevelop the Old

Coconino County Jail site. This larger initiative includes the following components:

3.1 Hazardous Materials Abatement

Coconino County has received an EPA cleanup grant to abate asbestos, lead and mold within the facility. The abatement scope includes removal of asbestos throughout the entire building and remediation of lead-based materials and mold within the historic portions of the jail. Remaining lead and mold remediation in non-historic portions will be completed during the demolition phase. Spray Systems Environmental is contracted to perform this work, which is scheduled to begin in July 2026 and is anticipated to be completed by the time this solicitation is awarded.

3.2 Engineering Team

The selected CMAR will work with the Owner and Engineering (OE) team to complete the design, permitting, demolition and rehabilitation. The Engineering team includes:

• Peak Engineering – civil design

• Hubbard Merrell Engineering – structural engineering

• Northland Exploration Services – land surveying

3.3 Demolition and Site Rehabilitation Design

The awarded CMAR Contractor will be responsible for demolition of the non-historic portions of the facility, preservation of the historic jail building, and rehabilitation of the overall site to a suitable interim condition until the site can be redeveloped during a future phase. A preliminary demolition and rehabilitation plan has been prepared by Peak Engineering, included in this RFQ as Attachment A: Jail Site Concept Plans. Attachment A will serve as the initial basis of design the CMAR will advance. The Contractor will work collaboratively with the Owner (Coconino

County) and Engineers (Peak Engineering for site civil and utilities and Hubbard Merrell

Engineering for structural) to refine the demolition/rehabilitation approach, obtain required permits, and implement the approved plan. The Contractor must also consider future phases of site redevelopment when developing demolition and rehabilitation strategies.

3.4 Redevelopment of the Site

A future phase of work is planned to redevelop the site, with a new Court complex being the anticipated primary use. This phase is conceptual and is likely several years away. The CMAR

Contractor will assist the Owner and Engineer (O/E) in determining the most advantageous methods of rehabilitating the site to support interim needs including soil stabilization, stormwater management, site circulation (vehicular and pedestrian), parking and, where feasible, facilitate future redevelopment.

4.0 Scope of Work

The general scope of work the CMAR will complete includes:

4.1 Demolish non-historic portions of the jail:

a. Demolish ~37,000 square feet of non-historic portions of the jail. Extra care is required given the proximity of the existing courthouse to the jail and the need to maintain operation and access.

b. Remove and dispose of all construction waste per regulatory requirements and best management practices. Construction waste will include building material, mechanical equipment and systems, plumbing, electrical, etc.

4.2 Preserve the historic portion of the jail:

a. Careful detachment of the non-historic portion from the ~3,000 square foot historic portion to be preserved.

b. Shoring up the historic structure to a weathertight condition to maintain its integrity until a full restoration can be completed during a later phase. This will require coordination with Hubbard Merrell Engineering for structural repairs,

4.3 Rehabilitate the site:

a. Grade the site per Demolition Plans, which includes import of suitable fill material.

b. Hydroseed site and install temporary irrigation system.

c. Abandon and safely deactivate existing utilities per the Demolition Plans.

d. Construct new and/or repair existing parking areas, driveway openings and sidewalks. Repair work will likely extend into the City right of way requiring a separate permit.

4.4 Administer pre-construction and construction phase services to complete the above general scope of work.

4.5 Video and photographic documentation of the project.

4.6 Recording of demolition activities from start to finish to document work and provide video footage and still images for inclusion in County public relations and outreach materials.

5.0 Scope of Services

5.1 Pre-construction Phase Services

a. Develop a written construction phasing and scheduling plan to minimize impacts to the Court Complex, adjacent businesses and residences during construction. This includes a traffic control plan for adjacent streets.

b. Develop written strategies to achieve efficiencies, determine the most suitable and cost-effective methods to meet project goals, budget and schedule.

c. Preparation of site logistics and a written safety plan

d. Preparation of a detailed project schedule including coordination of work with

Court operations

e. Coordinate with franchise utility companies and City of Flagstaff for termination and removal of building services. Utility service to the existing Courthouse must not be interrupted.

f. Evaluate options to best “rehabilitate” site to:

g. Serve interim re-use, for example, site circulation, parking, safety, aesthetics, landscape, and;

h. Serve future redevelopment including extent of utility abandonment and/or relocation, removal of materials vs onsite reuse for cut/fill

i. Develop preliminary Guaranteed Maximum Price (GMP), complete value engineering, and prepare final GMP

j. Obtain the necessary permits for the project including any encroachment/(Right of

Way) ROW permits.

k. Attend and present at public meetings.

l. Attendance at the Board of Supervisors work session with commentary if called upon at the time of the GMPs approval

5.2 Construction Phase Services

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

b. Implement and manage the site logistics plan at all times.

c. Implement and manage stormwater pollution prevention plan.

d. Implement and manage traffic control plan for public streets (including pedestrian traffic).

e. Maintain a safe worksite throughout construction.

f. Minimizing disturbances to other County and Court activities to the greatest extent possible throughout construction.

g. Schedule and complete all required inspections.

h. Facilitate and complete weekly Owner/Architect/Contractor meetings during construction.

i. Photo and Video documentation of demolition work from start of demo to completion.

j. Address any comments/requirements as identified during inspections by Authority

Having Jurisdiction (AHJ).

k. Project close-out including providing as-built drawings, warranty information and closeout documentation per CMAR protocols.

6.0 Submittal Requirements and Format

6.1 A responsive proposal shall include:

a. A letter of introduction signed by an authorized person from the firm indicating that the firm has an interest in this County project and will comply with the terms and conditions (unless noted by exception) of the contract.

b. Provide a list of current licenses by state. Include type, category, and number. List of both Arizona professional and Arizona contractor licenses held, including license numbers and note whether licenses are held by the firm, individuals or sub- consultants.

6.2 Discuss the experience and qualifications of the CMAR contractor for:

a. At least (3) recent projects of a similar scope (completed within the past 5 years) including:

i. Similar demolition projects in high traffic areas.

ii. Similar commercial/municipal projects dealing with historic structures.

b. For the above projects, include:

i. Construction budget including any change orders.

ii. Client references and contact information.

6.3 Discuss the approach to completing the project including:

a. Approach to constructability analysis and value engineering during pre-construction phase.

b. Completing work of this nature while mitigating impacts to neighboring government and business functions.

c. Anticipated challenges or risks.

d. Describe the firm’s ability to respond to short lead-time schedules and available resources to complete the work.

e. How will your firm incorporate this project into your standard workload? It is critical that you provide detailed information regarding your resources (equipment and staffing) to complete the planned projects within the given timeframe.

6.4 A description of the team and key individuals’ qualifications who will be assigned to the project, including:

a. Identify the key individuals who will be working on the project and a brief resume for each. Emphasize work done in areas similar to Flagstaff.

b. Discussion of past or current work by key individuals on similar public/ municipal projects.

6.5 Format:

a. Proposals shall be prepared providing a straightforward, concise description of the Respondent's ability to meet the requirements of this RFQ. Emphasis shall be on quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of the County's needs.

b. Vendor shall carefully read the information contained in this RFQ and submit a complete response to all requirements (Section 4.0) and questions as directed.

Incomplete submittals may be considered non-responsive and subject to rejection.

c. Proposals and any other information submitted by Respondent Teams in response to this RFQ shall become the property of the County.

d. Proposals that are qualified with conditional clauses, alterations, items not called for in the RFQ documents, or irregularities of any kind are subject to rejection by the County.

e. The County reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFQ when deemed to be in County's best interest.

f. Additional attachments or material not requested shall not be included with the proposals.

Respondents shall restrict all contact with the County staff and direct all questions regarding this RFQ to be entered into the Ion Wave (IW) system. Answers and information will be provided through IW so that all vendors may see them.

After the award is made, the Point-of-Contact person will be:

Jeff Stein, RLA

Construction Manager

Coconino County Facilities Management Department jstein@coconino.az.gov

Proposals are due no later than 2:00 pm, local time on July 15th, 2026. You must register as a Supplier (if you have not already done so) in Ion Wave. Proposals must be submitted in the Ion Wave system. https://coconino.ionwave.net. Be sure to click

“Submit Proposal” when you are finished. You will get an email from Ion Wave indicating that you have successfully completed the submittal.

The opening of the RFQs can be attended via this Teams meeting invitation.

Join: https://teams.microsoft.com/meet/225735759662868?p=g5CsbmjsW7H3UFqW0O

Meeting ID: 225 735 759 662 868

Passcode: HW92YC9J

Dial in by phone

+1 872-242-8971,,381090710#

Phone conference ID: 381 090 710#

7.0 Evaluation Criteria

1. Experience and qualifications of the CMAR Contractor (50 points)

2. Approach to completing the project (25 points)

3. Team and key individuals’ qualifications (15 points)

4. Completeness of the proposal (10 points)

8.0 Procurement Process Schedule

• RFQ Issue Date June 8th, 2026

• Pre-bid meeting date 10:00 am June 22, 2026

• Deadline for questions July 8, 2026

• Proposals due date 2:00 pm July 15, 2026 mailto:jstein@coconino.az.gov https://teams.microsoft.com/meet/225735759662868?p=g5CsbmjsW7H3UFqW0O tel:+18722428971,,381090710

The following are target dates and are tentative:

• Evaluation and Scoring July, 2026

• Shortlist Interviews (if required) August 2026

• Notification to Selected Team August 2026

• Board of Supervisors Approval August/September, 2026

9.0 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:

1. 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

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

3. A Certificate of Insurance for workers’ compensation statutory coverage in Arizona 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, The insurer must endorse the workers’ compensation policy with a waiver of subrogation for Coconino

County and 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.

4. Professional Errors and Omissions Liability with coverage limits not less than Five Million

Dollars ($5,000,000) per occurrence/Five Million Dollars ($5,000,000) aggregate when endorsed with a designated project aggregate coverage limit for this project of at least Five

Million Dollars ($5,000,000), or coverage limits of Five Million Dollars ($5,000,000) per occurrence/Ten Million Dollars ($10,000,000) Aggregate if this insurance policy is not endorsed with a designated project aggregate coverage limit of at least Five Million Dollars

($5,000,000). 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, and if the insurance is cancelled or non-renewed, the Independent Contractor shall also purchase a new insurance policy and evidence this to the County via a new certificate of insurance.

5. Pollution Liability with coverage limits not less than Five Million Dollars ($5,000,000) per occurrence/Five Million Dollars ($5,000,000) aggregate when endorsed with a designated project aggregate coverage limit for this project of at least Five Million Dollars

($5,000,000) or coverage limits of Five Million Dollars ($5,000,000) per occurrence/Ten

Million Dollars ($10,000,000) Aggregate if this insurance policy is not endorsed with a designated project aggregate coverage limit of at least Five Million Dollars ($5,000,000).

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, and if the insurance is cancelled or non-renewed, the Independent

Contractor shall also purchase a new insurance policy and evidence this to the County via a new certificate of insurance.

B. The Independent Contractor will name the County, its agents, officials and employees, and volunteers as additional insureds for general liability including premises/operations, personal and advertising injury, products/completed operations, and as additional insured for automobile liability, pollution liability, and any excess or umbrella liability policies to the extent such policies are providing coverage for the limits required under this Agreement, and will specify that the insurance afforded by the Independent Contractor for general liability, automobile liability, pollution liability, and any excess or umbrella liability policies to the extent such policies are providing coverage for the limits required under this Agreement, 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. Said 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 to an Independent Contractor.

C. 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.

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

Contractor will furnish the County with copies of the Certificates of Insurance and copies of all 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 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.

E. 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, 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.

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. Whereas the County has a need for professional Construction Manager at Risk (CMAR) for a demolition project (the Services), and

B. The County issued RFQ 2026-104 to obtain the Services, and

C. The Independent Contractor submitted the highest rated proposal, and

D. The parties wish to contract to provide the Servies 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 RFP and Proposal

II. Compensation

TBD

III. Term of Agreement

TBD

IV. Termination of Agreement

Either party may terminate this Agreement, with or without cause, by giving sixty (60) days written notice to the other party. In that event, the termination date shall be the sixtieth (60th) 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. 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 “all 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 statutory coverage in Arizona 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, The insurer must endorse the worker’s compensation policy with a waiver of subrogation for Coconino County and 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.

iv. Professional Errors and Omissions Liability with coverage limits not less than Five

Million Dollars ($5,000,000) per occurrence/Five Million Dollars ($5,000,000) aggregate when endorsed with a designated project aggregate coverage limit for this project of at least Five Million Dollars ($5,000,000) or coverage limits of Five

Million Dollars ($5,000,000) per occurrence/Ten Million Dollars ($10,000,000)

Aggregate if this insurance policy is not endorsed with a designated project aggregate coverage limit of at least Five Million Dollars ($5,000,000). 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, and if the insurance is cancelled or non renewed, the

Independent Contractor shall also purchase a new insurance policy and evidence this to the County via a new certificate of insurance.

iv. Pollution Liability with coverage limits not less than Five Million Dollars

($5,000,000) per occurrence/Five Million Dollars ($5,000,000) aggregate when endorsed with a designated project aggregate coverage limit for this project of at least

Five Million Dollars ($5,000,000), or coverage limits of Five Million Dollars

($5,000,000) per occurrence/Ten Million Dollars ($10,000,000) Aggregate if this insurance policy is not endorsed with a designated project aggregate coverage limit of at least Five Million Dollars ($5,000,000). 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, and if the insurance is cancelled or non renewed, the Independent

Contractor shall also purchase a new insurance policy and evidence this to the County via a new certificate of insurance.

The Independent Contractor will name the County, its agents, officials and employees, and volunteers as additional insureds for general liability including premises/operations, personal and advertising injury, products/completed operations, and as additional insured for automobile liability, pollution liability, and any excess or umbrella liability policies to the extent such policies are providing coverage for the limits required under this Agreement, and will specify that the insurance afforded by the

Independent Contractor for general liability, automobile liability, pollution liability, and any excess or umbrella liability policies to the extent such policies are providing coverage for the limits required under this Agreement, 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. Said 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. 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.

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

Contractor will furnish the County with copies of the Certificates of Insurance and copies of all 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 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.

E. 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 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.

VI. 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.

VII. 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.

C. The independent contractor will be solely responsible for offering health insurance to its employees as required by the Affordable Care Act, and for any penalties charged to it by the Internal Revenue Service for noncompliance with the Affordable Care Act.

D. In performance of services within this contract, the independent contractor shall determine his/her necessary hours of work. Contractor shall provide whatever tools;

equipment, vehicles, and supplies Contractor may determine to be necessary in performance of services hereunder. Contractor may establish offices in such locations within or outside Arizona, as Contractor may determine to be necessary for the performance of services hereunder, and shall be responsible for all expenses of operation of said office, including expenses incurred in hiring employees and assistants to Contractor.

E. The Independent Contractor has no authority to enter into contracts or agreements on behalf of the County. This Agreement does not create a partnership between the parties.

VIII. 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.

IX. 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) is complying with the warranty provided under paragraph (A) above.

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

X. 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.

XI. 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.

XII. 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.

XIII. 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.

XIV. 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 acquisition and performance of this Agreement (hereinafter the “Records”) for a period of (5) years after the termination or completion of this Agreement. If any litigation, claim, dispute or audit is initiated before the expiration of the five (5) year period, the Records will be retained until all litigation, claims, disputes or audits have been finally resolved. All Records will be subject to inspection and audit by the County at reasonable times. Upon request, the Independent Contractor will produce a legible copy of any or all Records.

XV. Approval by the County

Before this Agreement can become effective and binding upon the County, it must be approved by the County Board of Supervisors. In the event that the Board of Supervisors fails or refuses to approve this Agreement, it will be null and void and of no effect whatsoever.

XVI. Waiver

The failure of either party at any time to require performance by the other party of any provisions hereof will in no way affect the party’s subsequent rights and obligations under that provision. Waiver by either party of the breach of any provision hereof will not be taken or held to be a waiver of any succeeding breach of such provision or as waiver of such provision itself.

XVII. Non-assignment

This Agreement is non-assignable. Any attempt to assign any of the rights, duties or obligations of this Agreement is void.

XVIII. Cancellation of Agreement

This Agreement may be cancelled by the County pursuant to A.R.S. § 38-511.

XIX. Non-discrimination

The Independent Contractor will comply with A.R.S. § 41-1461 et seq. and State Executive

Order No. 2009-09 and 2023-01, as well as all other applicable Federal and State laws, rules and regulations prohibiting discrimination.

XX. Notice

Any notice given in connection with this Agreement must be given in writing and delivered either by hand to the party or by certified mail-return receipt to the party’s place of business as set forth above.

XXI. Choice of Law

Any dispute under this Agreement or related to this Agreement will be decided in accordance with the laws of the State of Arizona.

XXII. Severability

If any part of this Agreement is held to be unenforceable, the rest of the Agreement will nevertheless remain in full force and effect.

XXIII. Authority

Independent Contractor warrants that the person signing below is authorized to sign on behalf of Independent Contractor and obligate Independent Contractor to the above terms and conditions.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date hereinbefore indicated.

INDEPENDENT CONTRACTOR COCONINO COUNTY

By By__ _______________ Patrice Hortsman, Chair Board of Supervisors

ATTEST

Clerk of the Board

APPROVED AS TO FORM

Deputy County Attorney