Bulk_Fuel_and_Lubricant_Delivery_Services.pdf

Bulk Fuel and Lubricant Delivery Services

Request For Proposal (RFP #RFP-2026-0147)

Tuolumne County

Public Works Department

Issued: Friday, October 2, 2026

REQUEST FOR PROPOSAL (RFP No. RFP-

2026-0147)

BULK FUEL AND LUBRICANT DELIVERY

SERVICES

Deadline for Submission of Proposals: Friday, October 23, 2026

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/tuolumnecountyca

Table of Contents

1. Introduction

2. Scope of Work

3. Minimum Qualifications

4. Proposal Package Requirements

5. RFP Process

6. Evaluation of Proposals

7. Contract Information

Attachments:

A - Bulk Fuel and Lubricants Supply and Delivery_Sample Agreement

B - Cost Proposal

C - Proposal Elements

1. Introduction

1.1. Summary

By way of this Request for Proposals (RFP), the County of Tuolumne, through its Public Works

Department (“County”), is seeking proposals from qualified vendors (each, a “Contractor”) to provide bulk fuel and lubricant delivery services at designated County facilities throughout

Tuolumne County.

The selected Contractor will furnish and deliver regular unleaded gasoline, diesel fuel, lubricants, and related petroleum products on an as-needed basis in accordance with the requirements of this

RFP. Contractors should demonstrate the experience, resources, and capacity necessary to meet the County’s routine, rush, emergency, and after-hours delivery requirements throughout the term of the resulting Agreement.

1.2. Background

Tuolumne County is located along the western slope of the Sierra Nevada and maintains facilities and operations throughout the County. The Public Works Department administers bulk fuel services used by County departments for the operation of County-owned vehicles and equipment, including those supporting emergency and essential public services.

The County has historically utilized contracted bulk fuel services to efficiently procure and distribute fuel and related petroleum products to multiple County locations. The resulting agreement will establish a consistent source for these products and associated delivery services to meet the County’s ongoing operational needs.

Services May Include:

• Bulk Regular Unleaded Gasoline Delivery

• Bulk Diesel Fuel Delivery

• Motor Oils and Lubricants

• Hydraulic Fluids and Related Petroleum Products

• Routine, Rush, Emergency, and After-Hours Deliveries

• Delivery and Usage Reporting

• OPIS Pricing Documentation

The services provided under this RFP are intended to support the continued operation of County vehicles and equipment through reliable, responsive, and cost-effective fuel and lubricant delivery services.

1.3. Contact Information

Urian Barraza

Engineer 1

2 S. Green Street

Sonora, CA 95370

Email: ubarraza@co.tuolumne.ca.us

Phone: (209) 533-5930 Ext: 5930

Department:

Public Works Department

Department Head:

Blossom Scott-Heim

Public Works Director

1.4. Timeline

Release of published RFP October 2, 2026

Deadline for receiving all questions October 14, 2026, 5:00pm

Question Response Deadline October 16, 2026, 5:00pm

Deadline for RFP responses to be received by County

October 23, 2026, 5:00pm

Review Committee evaluates and ranks proposals

November 6, 2026

Notice of contract award (Tentative) November 9, 2026

Commencement of negotiation period November 9, 2026

Deadline for protests/appeals

(Tentative)

November 23, 2026, 5:00pm

Contract executed (Tentative) December 8, 2026 mailto:ubarraza@co.tuolumne.ca.us tel:(209)533-5930;ext=5930

2. Scope of Work

2.1. Bulk Fuel and Lubricant Delivery Services

Contractor shall furnish and deliver bulk fuel, lubricants, and related petroleum products to designated County facilities on an as-needed basis throughout the term of the Agreement. County may purchase products on an as-needed basis through individual purchase or delivery orders.

Orders shall be placed by authorized County personnel by telephone, email, or other mutually agreed-upon method and shall identify the product, quantity, and delivery location.

Fuel

Contractor shall provide regular unleaded fuel of not less than Eighty-Seven (87) Octane and No.

2 Red Dyed Diesel Fuel with delivery to be made via “Tank Wagon” type transporter.

Oil and Lubricants

Contractor shall provide motor oils, hydraulic fluids, greases, and other lubricants as specified by

County. All oil and lubricants shall meet or exceed the API specifications of the noted Chevron products. The list of products and container sizes to be provided includes, but is not limited to, the following:

• Delo 400 15-40 Motor Oil — Bulk, HUD (55 Gallon), Gallon

• Delo 400CJ4 15-40 Motor Oil — Bulk, HUD (55 Gallon), Gallon

• Tractor Hydraulic Fluid — Bulk, HUD (55 Gallon), 5 Gallon

• Synthetic ATF Heavy Duty — HUD (55 Gallon) Only

• Delo Gear Lubricant ESI 80-90 — HUD (55 Gallon) Only

• Drivetrain Fluid HD SAE 30 — HUD (55 Gallon) Only

• Delo 400 SAE 50 — HUD (55 Gallon) Only

• Ultra Duty Grease 2 — ¼ Drum, Tube

Contractor shall provide current Safety Data Sheets (SDS) for all products applicable prior to the first delivery and shall provide updated SDS documentation as necessary throughout the term of the Agreement.

Delivery

Contractor agrees to provide routine, rush, emergency, and after-hours delivery of bulk fuel and bulk and single use oil and lubricants ordered by County at all hours of the day and all days of the year, as the need requires.

Deliveries shall be made to designated County facilities, tanks, or receptacles identified by County.

Contractor shall maintain sufficient product supply and delivery capacity to serve all County locations and fulfill County orders.

County reserves the right to add or remove delivery locations and modify fuel storage requirements during the term of the Agreement as necessary to meet County operational needs.

Interruptions in Service

Contractor shall provide at least three (3) calendar days' advance notice of any foreseeable interruptions in service (e.g. – product shortages, work stoppages, facility/equipment maintenance, etc.) so that all locations may be refilled, if necessary, prior to the anticipated down time.

Contractor shall provide documentation, as needed, sufficient to validate invoice pricing, including applicable Oil Price Information Service (OPIS) pricing documentation.

For the purpose of reconciliation, Contractor shall provide hard copy receipts at the time of delivery. Delivery receipts shall identify, at a minimum, the product delivered, quantity, delivery date and time, and delivery location. Contractor shall also provide electronic fuel usage and delivery reports upon request by County.

3. Minimum Qualifications

Proposers shall possess all licenses, permits, and regulatory approvals required to furnish, transport, and deliver the specified fuel and petroleum products. Proposers shall demonstrate sufficient experience, personnel, equipment, product supply, and operational capacity to meet the

County’s delivery requirements, including routine, rush, emergency, and after-hours service.

Proposers shall also be capable of furnishing products that meet the specifications of this RFP, providing required delivery and pricing documentation, and maintaining all required insurance throughout the term of the Agreement.

4. Proposal Package Requirements

Proposals shall be clear, concise, and responsive to all requirements of this RFP.

"Attachment C - Proposal Elements", included in the Attachments section of this RFP, is provided for use in preparing the Proposal. Use of Attachment C is optional, and alternative formats are acceptable provided all required information is included.

Each proposer must submit their response online via Tuolumne County's e-Procurement platform, https://procurement.opengov.com/portal/tuolumnecountyca.

1. Proposal Elements*

A. Statement of Understanding and Approach

This section shall demonstrate the Proposer’s understanding of the Services and its approach to meeting the requirements of the Scope of Work.

This section should include the following:

o A description of the Proposer’s approach to providing reliable and responsive fuel and lubricant delivery services.

o A description of the implementation and transition approach, including the ability to begin providing the required products and services upon commencement of the

Agreement.

o Please describe the process for ordering fuel and the average length of time until delivery. Please include information on minimum lead times.

o A description of procedures and capabilities for routine, rush, emergency, and after-hours deliveries, including product availability and measures for maintaining continuity of service.

o Please comment on your ability to provide an on-site temporary fueling station for a field emergency (e.g., natural disaster, wildland fire, etc.). If applicable, identify any additional costs associated with providing this service.

o A description of any assistance, information, site access, or coordination required from County staff to perform the Services.

o Please comment on additional fuel and/or cost-saving ideas that might be utilized by the County, including any available discounts based on payment terms, volume, or other applicable conditions.

B. Company Information

This section shall provide general information regarding the Proposer and its business organization.

This section should include the following:

o The legally registered business name, business address, telephone number, and primary contact information.

o The address and telephone number of the main office and any branch offices that may support the Services.

o The type of organizational entity, such as corporation, sole proprietorship, partnership, joint venture, or other business structure.

o Please provide a brief history of your company, including the number of years in business and experience within the fuel and lubricant industry.

o Disclosure of whether the Proposer has filed for bankruptcy under any business name within the past five (5) years.

o Identification of any litigation, mediation, or arbitration related to the performance of services similar to those requested under this RFP in which the Proposer has been involved during the past five (5) years.

o Identification of any claims or disciplinary actions taken against the Proposer within the past five (5) years relating to any license, certification, permit, or regulatory approval required to perform the Services.

C. Company Personnel and Resources

This section shall identify the key personnel and operational resources that will be assigned or available to perform the Services.

This section should include the following:

o The name, title, telephone number, length of service, relevant industry experience, licenses and/or certifications, and assigned responsibilities of key management and delivery personnel who will be involved in performing or managing the Services.

o Identification of any major subcontractors proposed for use, including their responsibilities, anticipated level of involvement, and the length of time the Proposer has worked with each subcontractor.

o Confirmation that the Proposer, its personnel, and any subcontractors possess all licenses, permits, certifications, and regulatory approvals required to perform the

Services.

o Please provide a detailed description of your delivery fleet, including the average age and capacity of each.

D. Disclosure of Relationships

The Proposer shall disclose any past or current business or personal relationships with any current County elected official, appointed official, County employee, or family member of a current County elected official, appointed official, or County employee.

Disclosure of a past or current relationship will not necessarily disqualify the Proposer from consideration.

E. Experience and References

This section shall demonstrate that the Proposer, or its key personnel, meets the minimum experience requirements identified in this RFP and has experience providing services of a similar type and scope.

The Proposer shall provide at least three (3) references from clients for whom comparable services have been provided within the past five (5) years.

This section should include the following:

o Client name and address.

o Contact person, telephone number, and email address.

o Brief description of the services provided.

o Dates or period during which the services were provided.

F. Reports, Invoicing, and Product Information

This section shall provide supporting documentation related to the Proposer’s reporting, invoicing, and proposed products.

This section should include the following:

o Please list the types of standard reports your company has to offer pertaining to usage and other annual reports. Attach a sample of each report.

o Please provide a sample invoice.

o Provide specification sheets for all proposed oil and lubricant products.

o Other information you wish to provide.

*Response required

2. Proposal Cost*

Proposer shall complete and upload "Attachment B - Cost Proposal," provided in the Attachments section of this RFP. A separate Cost Proposal sheet shall be completed for each site listed in

Attachment B – Cost Proposal.

*Response required https://procurement.opengov.com/governments/2092/projects/301320/builder/create/attachments

5. RFP Process

5.1. Submittal of Proposals

Sealed proposals must be received online, NO LATER THAN 5:00 pm on Friday, October 23, 2026.

Proposals are to be submitted electronically using Tuolumne County’s e-Procurement platform, https://procurement.opengov.com/portal/tuolumnecountyca. Proposals will be received only as instructed above, and must be received before 5:00 pm on Friday, October 23, 2026. Proposals shall not be submitted via hard copy, (hand delivered or mailed), facsimile, nor via email. It is the sole responsibility of the proposer to properly upload its proposal so that it is received by the time and date required. Any proposal received after said time and/or date or in any other format other than as instructed herein, cannot be considered and will not be accepted. The County’s e-

Procurement Platform records the time stamp for every proposal submitted properly in the system.

Once a proposal is submitted in the e-procurement platform, the Proposer will receive an email confirmation, and the proposal status will also show as “submitted.”

5.2. Submitter's Questions

Questions regarding the RFP must be submitted exclusively in writing to the County by 5:00 pm on Wednesday, October 14, 2026 via the County’s e-Procurement platform, in the Q&A tab.

Except for questions that might render the award of this contract invalid, the County will not respond to any questions submitted after this time. The County will use an addendum to the RFP to post any questions received, along with written responses, on Tuolumne County's e-

Procurement platform, https://procurement.opengov.com/portal/tuolumnecountyca. It is the responsibility of the proposers to check the County website to review the questions and responses. Any oral responses to questions are not binding on the County.

5.3. Cost of Developing the Proposal

All costs incurred in the preparation of a proposal are the responsibility of each proposer and will not be reimbursed by the County.

5.4. Proposal Terms and Conditions

It is the responsibility of each proposer to be familiar with all of the specifications, terms and conditions of the RFP. By the submission of a proposal, the proposer certifies that if awarded a contract, proposer will make no claim against the County based upon ignorance of or misunderstanding of the specifications.

Each proposer shall submit its proposal with the understanding that the proposal will become a part of the official file on this matter and shall be subject to disclosure, if requested by a member of the public, following the completion of negotiations.

By submitting a proposal, each proposer certifies that all statements in this proposal are true. This constitutes a warranty, the falsity of which shall include the right, at the County’s option, of declaring any contract made, as a result thereof, null and void. Proposals shall be completed, executed, and submitted in accordance with the instructions of this RFP. If a proposal is not submitted in the format specified in this RFP, it may be rejected, unless the County determines that the nonconformity is either a minor irregularity or that the defect or variation in the proposal is immaterial or inconsequential. The County may give the proposer an opportunity to cure any deficiency resulting from a minor irregularity or an immaterial or inconsequential defect, or

County may waive such deficiency, whichever is most advantageous to the County.

The County cannot accept proposals from any individual who is currently employed with the

County of Tuolumne (California Government Code §29708).

5.5. Successful Proposal as Part of Contract Services

Proposals received in response to this solicitation, at the County’s discretion, may be incorporated into the awarded contract and may serve as basic terms and conditions for the ultimate contract.

Therefore, proposers are advised that, if successful, they will be held responsible for levels of services proposed at the funding levels quoted. The County reserves the right to negotiate modifications or revisions to any awarded contract.

5.6. Evaluation of Proposals

See section 6. Evaluation of Proposals.

5.7. Other Requirements

In order to contract with the County of Tuolumne, a proposer must meet the following requirements:

• Make available to the County its federal Tax Identification Number (TIN) or Social

Security Number (SSN).

• Comply with all Federal, State and local rules, regulations and policies, including but not limited to:

o Standard contract language of the County; and, o Insurance coverage to include workers’ compensation, general liability, automobile liability, and pollution liability/environmental impairment liability, as required by the

Agreement.

• Meet the requirements for audit of its expenditures if required in the above documents.

5.8. Non-Discrimination

Non-Discrimination: The Contractor selected through this RFP shall provide services without discrimination based on race, creed, color, ethnic or linguistic identification, gender or sexual preference, disability or handicap or any other basis prohibited by law.

5.9. Protest/Appeal Process

The following procedure is provided in the event that a proposer wishes to protest the RFP process or appeal the recommendation to award a contract for Bulk Fuel and Lubricant Delivery Services once the Notices of Award/Non-Award have been issued.

https://procurement.opengov.com/governments/2092/projects/301320/builder/document?section=2888536

Any protest must be submitted in writing to Public Works Department, 2 S. Green Street, Sonora, CA 95370, Attention: Urian Barraza

The protest must be submitted before 5:00 p.m. of the tenth (10th) business day following the date of the Notice of Award.

The protest must contain a complete statement of the basis for the protest. The protest must include the name, address, telephone number and e-mail address of the person representing the protesting party.

The procedure and time limits are mandatory and are the proposer’s sole and exclusive remedy in the event of a bid protest.

Proposer’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

Upon receipt of written protest/appeal, the Public Works Director will review and provide an opportunity to settle the protest/appeal by mutual agreement, will schedule a meeting to discuss or issue a written response to advise of an appeal/protest decision within five (5) business days of receipt of the appeal/protest.

5.10. Public Records Access

Proposers should be aware that submitted proposals are subject to the California Public Records

Act and may be disclosed to members of the public upon request. It is the responsibility of the proposers to clearly identify information in their proposals that they consider to be confidential under the California Public Records Act. To the extent that the County agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All information regarding the proposals will be held as confidential until such time as the Review

Committee has completed its evaluation and, or if, contract negotiations are complete.

6. Evaluation of Proposals

The objective is to perform a thorough and fair evaluation of submitted proposals and facilitate the selection of a contractor/consultant that best satisfies the County’s requirements. The following describes the evaluation process and associated components.

A. Selection Process:

1. The County shall name, for the purpose of evaluating the proposals for this RFP, a

Review Committee composed of representatives from the County. The County may also elect to include as part of the Review Committee qualified representatives from other agencies or entities.

2. Proposal documentation requirements set forth in this RFP are designed to provide guidance to proposers concerning the type of information that will be used by the

Review Committee. Proposers shall be prepared to respond to requests by the Review

Committee for additional items deemed necessary to assist in the evaluation process.

B. Evaluation Criteria & Scoring:

1. The Review Committee shall be responsible for performing the evaluations of each proposal. Each member of the Committee shall rate the proposers separately. The scores of each of the Committee members shall then be averaged to provide a total score for each of the proposers. The proposals shall be evaluated on the following categories and the maximum weight possible for each category is listed below.

C. Award:

Award will be made to the qualified proposer whose proposal will be most advantageous to the

County, with price and all other factors considered. The County will negotiate with the highest ranked proposer to finalize the contract for mutual satisfaction.

If the County cannot successfully negotiate a contract with the highest ranked proposer, the County will terminate negotiations and begin negotiations with the next highest ranked proposer.

Proposers will receive mailed Award/Non-Award notification(s), which will include the name of the proposer to be awarded this contract.

Proposers are advised County reserves the following prerogatives:

• To reject any or all proposals;

• To consider historic information and fact, whether gained from the proposer’s proposal or any other source, in the evaluation process; and

• The proposer is cautioned that it is the proposer’s sole responsibility to submit information related to the evaluation categories and the County is under no obligation to solicit such information if it is not included with the proposal. Failure of the individual or firm to submit such information may cause an adverse impact on the evaluation of the proposal.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cost Proposal Reasonableness Points Based 50 (50% of Total)

2. Experience and Qualifications Points Based 20 (20% of Total)

3. Delivery and Service Capability Points Based 15 (15% of Total)

4. References and Past Performance Points Based 10 (10% of Total)

5. Local Vendor Preference Points Based 5 (5% of Total)

7. Contract Information

7.1. Sample Agreement

A sample Agreement is attached to this RFP, which details all standard terms and conditions required by the County of Tuolumne.

7.2. Term/Termination

The term of the initial contract awarded under this RFP will be for: two (2) years. By mutual agreement, this contract may be extended for two (2) additional one-year extensions, under the following circumstances:

• The County receives adequate funding to extend program operations;

• The Contractor has achieved demonstrable success by meeting all of the contract’s service requirements;

• The County continues to need the services purchased under this RFP;

• The Contractor is willing and able to modify the services provided to best meet the needs of the program as determined by the County.

The contract will be subject to termination by either party upon 30 calendar days' written notice of intent to terminate. The County may terminate the contract upon a material breach of contract by the Contractor by giving written notification to the Contractor.

7.3. Funding Availability

It is mutually agreed that if the County budget of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this

Agreement shall be of no further force and effect. In this event, the County shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this

Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this

Agreement. County budget decisions are subject to the discretion of the Board of Supervisors.

If funding for any fiscal year is reduced or deleted by the County budget for purposes of this program, the County shall have the option to either cancel this Agreement with no liability occurring to the County, or offer an Agreement amendment to Contractor to reflect the reduced amount.

7.4. General Insurance

A. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Coverage shall be at least as broad as:i. Commercial General Liability (CGL): Insurance Services

Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG

25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.ii. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.iii. Workers' Compensation: as required by the State of

California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.iv. Pollution Liability /

Environmental Impairment Liability: Coverage for bodily injury, property damage, cleanup costs, and remediation arising out of the escape, spill, seepage, leakage, release, or discharge of Goods, with limits of not less than Two Million Dollars ($2,000,000) per occurrence or claim and Two Million Dollars ($2,000,000) aggregate. Such coverage shall apply to all loading, transportation, delivery, and off-loading operations performed under this Agreement. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

B. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions:i. Additional Insured Status. The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11

85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG

20 38; and CG 20 37 if a later edition is used).ii. Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the County, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the

Contractor's insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.iii. Umbrella or Excess Policy. The

Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the

Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The

Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying

Commercial General Liability insurance. No insurance policies maintained by the additional Insured, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.iv. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the

County.v. Waiver of Subrogation. Contractor hereby grants to County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer.vi. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the County. The County may require the

Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or County. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000, unless approved in writing by

County. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified

Additional Insured Parties. County may deduct from any amounts otherwise due

Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment

Expenses, will satisfy the SIR or deductible. County reserves the right to obtain a copy of any policies and endorsements for verification.vii. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current

A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the

County.viii. Verification of Coverage. Contractor shall furnish the County with original

Certificates and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and

Endorsement Page of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations &

Endorsements pages are to be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. ix. Special Risks or

Circumstances. County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.x. Failure to Comply: Upon failure to comply with any of these insurance requirements, this Agreement may be forthwith declared suspended or terminated. Failure to obtain and/or maintain any required insurance shall not relieve any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the indemnification obligations.

7.5. Hold Harmless/Indemnification

Contractor shall hold harmless, defend and indemnify County and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with

Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the County.

If such indemnification becomes necessary, the County Counsel for the County shall have the absolute right and discretion to approve or disapprove of any and all counsel employed to defend the County. This indemnification clause shall survive the termination or expiration of this

Agreement.