On-Call_Architectural_and_Engineering_(A&E)_Services.pdf

On-Call Architectural and Engineering (A&E) Services

Request For Qualification (RFQ #RFQ-2026-0144)

Tuolumne County

Public Works Department

Issued: Monday, August 17, 2026

REQUEST FOR QUALIFICATION (RFQ No.

RFQ-2026-0144)

ON-CALL ARCHITECTURAL AND ENGINEERING

(A&E) SERVICES

Deadline for Submission of Proposals: Monday, August 31, 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. RFQ Process

6. Evaluation

7. Contract Information

Attachments:

A - On-Call A&E Services_Sample Agreement

B - Exhibit 10-Q Disclosure Of Lobbying Activities

C - Sample Cost Proposal #2 - Specific Rates of Compensation

1. Introduction

1.1. Summary

By way of this Request for Qualifications (RFQ), the County of Tuolumne, through its Public

Works Department (“County”), intends to pre-qualify and select up to four (4) firms (each, a

“Consultant”) to provide on-call Architectural and Engineering (A&E) Services. Selected

Consultants will support the planning, design, and construction of various federally, state, and locally funded projects. Projects may include, but are not limited to, new construction, building remodels and renovations, building repairs and improvements, accessibility improvements, building system upgrades, resilient infrastructure projects programmed with Community

Development Block Grant (CDBG)+, and improvements to County-owned buildings, properties and parks. Firms responding to this RFQ should be familiar with and experienced in applicable

State and Federal requirements and procedures associated with federally funded projects.

1.2. Background

Tuolumne County is located in the center of the California Mother Lode area along the western slope of the Sierra Nevada mountain range. The County is bordered on the north by Calaveras

County, on the south by Mariposa County, on the west by Stanislaus County, and on the east by

Alpine and Mono Counties. Sonora is the only incorporated city in Tuolumne County and is also the county seat.

The County has multiple federal, state, and locally funded facility projects currently programmed, as well as the potential for additional projects during the term of the resulting on-call contracts.

On-call services may be required for both federally funded and non-federally funded projects.

Projects May Include:

• New Construction Projects

• Building Remodel and Renovation Projects

• Building Repair and Improvement Projects

• Accessibility/ADA Improvement Projects

• Mechanical, Electrical, Plumbing, and Building System Upgrade Projects

• Site and Property Improvement Projects

These projects are intended to maintain, improve, and modernize County buildings and properties while enhancing safety, accessibility, functionality, and serviceability throughout Tuolumne

County.

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 RFQ August 17, 2026

Deadline for receiving all questions August 21, 2026, 5:00pm

Question Response Deadline August 25, 2026, 5:00pm

Deadline for RFQ responses to be received by County

August 31, 2026, 5:00pm

Review Committee evaluates September 1, 2026

Commencement of negotiation period September 8, 2026

Notice of contract award (Tentative) September 11, 2026

Deadline for protests/appeals

(Tentative)

September 25, 2026

Contract executed (Tentative) October 6, 2026 mailto:ubarraza@co.tuolumne.ca.us tel:(209)533-5930;ext=5930

2. Scope of Work

2.1. General

The County is soliciting Statements of Qualifications (SOQs) from interested firms to establish a pool of on-call consultants for Architectural and Engineering (A&E) Services. Consultants will be pre-qualified based on the process set forth in Section Six, “RFQ Process,” of this RFQ. The

County intends to enter into three (3) year on-call contracts, with the option of two, one (1) year extensions, with up to four (4) pre-qualified consultants. The maximum value of each individual contract shall be $250,000 over the possible five (5) year term. No guarantee is made or implied as to the exact quantity of work that will be assigned. Consultants will be issued Task Orders on an “as-needed” basis for specific projects authorized by the County during the period covered by this solicitation. For each Task Order, the County will consider consultants within the on-call pool that are qualified to perform the applicable services. Task Orders will be assigned using a qualifications-based selection procedure based on the services required for the specific assignment. Task Orders may be funded by local, state, or federal funding sources and may be subject to additional requirements associated with the applicable funding source. For federally funded projects, the selection process may include an informal solicitation among qualified consultants, as permitted by applicable requirements. Consultants will have the option to “pass” on projects with no impact on their status for future projects. The County reserves the right to use any selected consultant for projects that would benefit from a particular consultant’s qualifications, knowledge, or experience. The number of projects varies from year to year based on the availability of grants and other funding sources. Consultants that are already pre-qualified by the County for other services are eligible to submit an SOQ under this RFQ. The award of a contract does not guarantee that the Consultant will receive any Task Orders.

2.2. Architectural and Engineering (A&E)

The Department is seeking qualified firms to provide professional services in the disciplines identified below. Services may include, but are not limited to, the following:

• Engineering, including but not limited to Structural, Mechanical (including HVAC systems), Electrical, Plumbing, Civil/Site, and Traffic

• Certified Access Specialist (CASP) Certification

• Cost Estimating Validation

• Landscape Architecture

• Qualified SWPPP Developer and/or Practitioner

• Surveying

• Utility Locating

• Architectural Design

• Building Remodel and Renovation Design

• New Building Design

• Space Planning and Programming

• Existing Conditions Assessments and Documentation

• Accessibility/ADA Evaluation and Design

• Cultural Resources and Historic Preservation (SHPO Compliance)

• Building Code and Life-Safety Analysis

• Energy Efficiency and Building System Improvements

• Preparation of Plans, Specifications, and Estimates

• Permitting and Regulatory Agency Coordination

• Bid and Construction Support Services

• Construction Administration

• Record Drawings and Project Closeout Services

All professional architectural and engineering work shall be performed under the responsible charge of appropriately licensed professionals in the State of California, as applicable to the services being provided.

Consultants may propose to provide services in one or more of the identified service types or disciplines. If a Consultant does not have adequate in-house resources to perform all professional services required within a specific discipline, the Consultant may retain qualified subconsultants to perform such services. Subconsultant services shall be provided at the applicable hourly rates established in the Consultant's approved Cost Proposal and incorporated as an exhibit to the

Agreement.

3. Minimum Qualifications

To be eligible for consideration under this RFQ, Consultants shall demonstrate relevant experience providing architectural, engineering, or related professional services comparable to one or more of the service disciplines identified in this RFQ and shall have appropriately licensed California professionals, either on staff or through qualified subconsultants, capable of providing the professional services for which the Consultant is proposing. Consultants shall demonstrate experience performing similar services for public agencies and shall provide professional references from Local Public Agencies (LPAs) as required by this RFQ. Consultants shall also demonstrate familiarity with applicable federal, state, and local laws, regulations, codes, standards, and requirements relevant to the services being proposed. All Respondents required to register as a California business or documented Non-Profit shall be in good standing and shall submit a copy of their business’s Secretary of State Statement of Information or documentation of Non-Profit status. If a Respondent is a sole proprietorship and is not required to register with the California

Secretary of State, the Respondent shall clearly state this in its RFQ response.

4. Proposal Package Requirements

Proposals are to be straightforward, clear, concise and responsive to the information requested.

In order for proposals to be considered complete, proposers must provide all requested information.

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

1. Proposal Elements*

A. Statement of Understanding and Approach o This section must demonstrate an understanding of the Services. It should describe the general approach, organization, and staffing proposed to provide the on-call

Services requested under this RFQ.

o This section should include the following:

▪ An implementation plan that describes in detail (i) the methods, including controls by which your firm or entity manages projects of the type sought by this RFQ; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

▪ Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section.

▪ Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. In addition, the County will consider proposals that offer alternative service delivery means and methods for the services desired.

B. Company Information o This section shall include contact person information, address and telephone number of the company main office and branch offices. Each Company shall identify itself as to the type of organizational entity (corporation, sole proprietorship, partnership, joint venture, etc.). Any supplemental information that Company believes may be pertinent to the selection process may be provided.

o The Proposal shall identify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the Company has been involved in the past five (5) years. If the Services require a license or certification, the

Proposal shall include any claims or disciplinary action taken against Company or any of Company’s key personnel within the past five years.

C. Company Personnel o This section shall contain names, contact numbers and description of experience, including licenses and/or certifications, of all key personnel who would be assigned to perform the Services. Members of the Company’s professional team (managers, contact person, etc.) should be identified by name, title, phone number, and description of the portion of work they will be assigned to perform under this

Agreement. Also include major subcontractors (if any) and their degree of involvement in this program. If the Company is including any subcontractors, the

Company shall identify how long the Company has worked with the subcontractor.

o An affirmative statement should be included that the proposer and all assigned key professional staff are properly licensed to practice in California.

D. Disclosure o Please disclose any and all past or current business and personal relationships with any current County elected official, appointed official, County employee, or family member of any current County elected official, appointed official, or County employee. Any past or current business relationship may not disqualify the firm from consideration.

E. Experience and References o The Proposal must demonstrate that the Company, or its key personnel, meets the minimum experience requirement in in the Minimum Qualifications Section with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A Company shall not have filed for bankruptcy under any business name over the past five (5) years.

o Company shall provide at least 3 references, within the past 5 years, of clients for whom services have been performed that are comparable in quality and scope to that specified in this RFQ. The references shall include client names, addresses, telephone numbers and e-mail addresses of the clients for whom prior work was performed and include an explanation of the services provided along with project start and end dates.

*Response required

5. RFQ Process

5.1. Submittal of Proposals

Sealed proposals must be received at the online, NO LATER THAN 5:00 pm on Monday, August

31, 2026.

Proposals are to be submitted electronically using the 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 Monday, August 31, 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 RFQ must be submitted exclusively in writing to the County by 5:00 pm on Friday, August 21, 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 RFQ to post any questions received, along with written responses, on the County 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 RFQ. 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 RFQ. If a proposal is not submitted in the format specified in this RFQ, 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. DIR Registration, Noticing and Prevailing Wages

To be qualified to bid on, be listed in a bid proposal or engage in the performance of any public work contract subject to Labor Code section 1720, contractors and subcontractors must be registered with the Department of Industrial Relations. DIR applicability will be determined based on the specific task order scope of work. Please see http://www.dir.ca.gov/Public-

Works/PublicWorks.html for more information. No contract will be entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial

Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Agreement.

All Contractors bidding on a public works project and all subcontractors of any tier shall be registered with the State Department of Industrial Relations pursuant to Section 1725.5 of the

Labor Code.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the County in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. The Contractor shall post a copy of the general prevailing rate of per diem wages at the jobsite. These wages are set forth in the General Prevailing Wage Rates for these services, available at the County of Tuolumne Public Works Department and available from the

California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov

The bidder shall list the name, the location of the place of business, the California contractor license, and DIR registration number of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair

Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder’s attention is invited to other provisions of the Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. The list of subcontractors shall also set forth the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors, as required herein, is included in the proposal.

These services are subject to compliance monitoring and enforcement by the Department of

Industrial Relations. Each contractor and subcontractor must furnish certified payroll records to the Labor Commissioner at least monthly. It is the bidder’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this contract and applicable law.

5.6. 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.

5.7. Evaluation of Proposals

See 6. Evaluation

5.8. 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 worker’s compensation, general liability, auto liability and professional liability, unless waived by the County.

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

5.9. Non-Discrimination

Non-Discrimination: The Contractor selected through this RFQ 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.

5.10. Protest/Appeal Process

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

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 PM of the tenth (10th) business day following the date of the Notice of Award.

https://procurement.opengov.com/governments/2092/projects/292407/builder/document?section=2815474

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.

5.11. 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

The objective is to perform a thorough and fair evaluation of submitted SOQs and facilitate the selection of the consultant(s) that best satisfy the County’s requirements.

1. Selection Process

A. The County shall appoint a Review Committee for the purpose of evaluating the SOQs submitted in response to this RFQ. The Review Committee shall be composed of representatives from the County. The County may also elect to include qualified representatives from other agencies or entities.

B. The SOQ requirements set forth in this RFQ are designed to provide guidance to proposers concerning the type of information that will be considered by the Review

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

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

2. Evaluation Criteria & Scoring

A. The Review Committee shall evaluate each SOQ based upon the evaluation criteria established in this RFQ. Each member of the Review Committee shall independently score each proposer. The scores of the individual Review Committee members shall then be averaged to determine an overall score for each proposer.

B. The SOQs shall be evaluated based on the categories and maximum weights identified below. The resulting scores will be used to determine the relative qualifications of the proposers. In selecting up to four (4) consultants for the on-call pool, the County may also consider the proposers’ qualifications within the specific disciplines proposed and the County’s need to obtain appropriate coverage of the service disciplines identified in this RFQ.

3. Award

Award will be made to the most highly qualified proposer(s) based upon the evaluation criteria established in this RFQ and the County’s need for qualified consultants across the identified service disciplines. Cost shall not be used as a factor in the evaluation or selection of consultants.

If the County cannot successfully negotiate a contract with a selected proposer, the County may terminate negotiations with that proposer and begin negotiations with the next most qualified proposer capable of providing the applicable services.

Proposers will receive mailed and/or e-mailed Award/Non-Award notification(s), which will identify the proposer(s) selected for award.

The County reserves the following rights:

• To reject any or all SOQs;

• To consider relevant historical information and facts, whether obtained from the proposer’s

SOQ or any other source, in the evaluation process; and

• To evaluate proposers based upon the information submitted in response to this RFQ. It is the proposer’s sole responsibility to submit sufficient information addressing the evaluation criteria. The County is under no obligation to solicit information not included in the SOQ, and failure to provide sufficient information may adversely affect the evaluation of the proposer.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firms Reputation and Experience Points Based 30 (30% of Total)

2. Demonstrated Past Performance (Quality) Points Based 20 (20% of Total)

3. Demonstrated Past Performance

(Budget/Schedule) Points Based 20

(20% of Total)

4. Project Approach Points Based 20 (20% of Total)

5. Project Manager Qualifications and

Experience Points Based 10

(10% of Total)

7. Contract Information

7.1. Sample Agreement

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

7.2. Initial Term

The term of the initial contract awarded under this RFQ will be for: three (3) years.

7.3. Extension Option

By mutual agreement, this contract may be extended for two, one (1) 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 RFQ;

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

7.4. Termination

The contract will be subject to termination by either party upon Thirty (30) days' written notice of intent to terminate. The County may terminate the contract at any time, without written notice, upon a material breach of contract by the Contractor.

7.5. 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.

7.6. 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) 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. (Not required if Consultant has no employees)Professional Liability (Errors and Omissions) Insurance appropriates to the

Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.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 CountyB. 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 12 19 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 PolicyThe 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.

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.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.

7.7. Hold Harmless

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.

7.8. Agreement Requirements Applicability

The Agreement includes provisions applicable to federally funded work. The applicability of federal and other funding-specific requirements shall be determined based on the funding source and scope of work of each individual Task Order. Consultants shall comply with all applicable federal, state, and local requirements associated with each Task Order. Federal provisions included in the Agreement shall apply only to the extent required by the funding source and applicable laws, regulations, and program requirements.