Professional_Air_Pollution_Control_Support_Services.pdf

Professional Air Pollution Control Support Services

Request For Proposal (RFP #RFP-2025-0138)

Tuolumne County

Air Pollution Control

Issued: Monday, August 31, 2026

REQUEST FOR PROPOSAL (RFP No. RFP-

2025-0138)

PROFESSIONAL AIR POLLUTION CONTROL

SUPPORT SERVICES

Deadline for Submission of Proposals: Wednesday, September

23, 2026

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Table of Contents

1. Introduction

2. Scope of Services

3. Minimum Qualifications

4. Proposal Package Requirements

5. RFP Process

6. Evaluation of Proposals

7. Contract Information

1. Introduction

1.1. Summary

The Tuolumne County Air Pollution Control District (District) is seeking qualified professional consulting services to provide technical air quality support on an as needed basis. The selected contractor will assist District staff with the processing of permit applications, development of air quality permits, interpretation of regulatory requirements, review and preparation of technical documents, California Environmental Quality Act (CEQA) air quality support, rule development and revisions, and other general air quality services necessary to support District operations.

The selected contractor will support the District's permitting program by conducting technical and regulatory analyses necessary to evaluate permit applications and prepare draft permit documents. Services include determining regulatory applicability, evaluating emissions, reviewing health risk requirements, preparing engineering evaluations, developing permits, assisting with public noticing requirements, preparing completeness determinations, and assisting district staff with Federal Operating Permit applications, as applicable, in accordance with District, State, and federal requirements.

In addition, the contractor will provide support for the District's AB 2588 Air Toxics "Hot Spots"

Program, including facility data collection, toxic air contaminant emissions estimation, prioritization score calculations, implementation support, preparation of technical work products, development of program procedures and templates, training, and assistance with CARB's Hot

Spot Analysis & Reporting Program (HARP) database. The selected contractor will be expected to work collaboratively with District staff and the regulated community while providing timely, technically sound work products that support the District's regulatory responsibilities.

1.2. Contact Information

Cody Thompson

Deputy Agricultural Commissioner

22365 S. Airport Rd.

Sonora, CA 95370

Email: cthompson@co.tuolumne.ca.us

Phone: (209) 533-5691

Department:

Air Pollution Control

Department Head:

Cody Thompson

Air Pollution Control Officer

1.3. Timeline

Release of published RFP August 31, 2026 mailto:cthompson@co.tuolumne.ca.us tel:(209)533-5691

Deadline for receiving all questions September 11, 2026, 12:00am

Deadline for RFP responses to be received by County

September 23, 2026, 12:00am

Review Committee evaluates and ranks proposals

October 1, 2026

Notice of contract award (Tentative) October 1, 2026

Commencement of negotiation period October 1, 2026

Deadline for protests/appeals

(Tentative)

October 15, 2026

Contract executed (Tentative) November 3, 2026

2. Scope of Services

The scope of work includes the effort to support the Tuolumne County Air Pollution Control

District (APCD/District) with processing permit applications, analysis and development of air quality permits, general air quality support, and AB 2588 “Hot Spots” reporting requirements.

The Contractor shall provide staffing and materials necessary to perform the requested services.

2.1. General Air Quality Support

• Perform permit applicability evaluations for proposed new equipment;

• Respond to public inquiries regarding the interpretation of permit conditions, Tuolumne

County APCD policies, and rule requirements;

• Review permit and compliance requirements for existing air quality permits;

• Assist Tuolumne APCD staff with air quality CEQA review;

• Review or prepare Tuolumne County APCD technical air quality documents;

• Assist Tuolumne County APCD with rule interpretation, new rule writing, and updating existing rules; and

• Other general air quality support as needed.

2.2. Processing permit applications and development of air quality permits

This process is anticipated to include the following steps for each application package:

• Analysis of Tuolumne County APCD, State, and federal applicable requirements, including specific rule requirements, Best Available Control Technology (BACT), offsets and, therefore, major source thresholds, air toxics and acute and chronic risk, and

Prevention of Significant Deterioration (PSD) applicability in accordance with Tuolumne

County APCD rules, including Regulations II, IV, V, and VI;

• Determining Potential to Emit (PTE) for criteria and air toxics (latest current State list);

• Determining, if required, historical actual emissions and required offsets;

• Specifying the permit fee schedule and rating in accordance with Tuolumne County

APCD Rule 601;

• Specifying permit title, equipment description, and details;

• Specifying permit condition limitations;

• Creation of engineering evaluation, including the above;

• Creation of public noticing in accordance with Tuolumne County APCD Rule 424;

• As applicable, addressing Federal Operating Permit (FOP) applications, including renewals and initial issuances in accordance with Rule 500 (and related public noticing and FOP document preparation); and

• Determining application package completeness as defined by Tuolumne County APCD rules, including the creation of a completeness or incompleteness letter, The steps outlined above along with Tuolumne County APCD specific internal process and formatting will be utilized for consistency in regards to permit application review and creation.

The NSR (New Source Review) process can be summarized by the steps below.

Step 1 - Collect Permit Application Data

Getting a complete and accurate data package, is extremely important to getting a permit application off to a great start. Contractor will screen incoming applications and create a data needs list to complete the application package if anything is missing. Equipment specifications, material usage, operational throughputs, etc. are all critical for proper emission calculations, as well as regulatory applicability determinations

Once application completeness is determined, Contractor will prepare an application completeness letter either deeming the application complete or identifying the deficiencies or questions regarding the application. Contractor understands that for sources subject to Rule 500, the permit applicant shall be notified of the completeness determination within 60 days of receiving the application for initial permits, permit renewals, and significant permit modifications and within 30 days of receiving the application for minor permit modifications.

Contractor will complete the application review within the specified regulatory timeframes.

Deliverable: Draft and Final Permit Application Completeness Letter(s)

Step 2 - Emission Calculations for Criteria Pollutants and Air Toxics

Once the application is deemed complete, Contractor will review the criteria pollutant emissions provided on an hourly, daily, monthly, and annual basis in the permit application for Tuolumne

County APCD regulatory analysis purposes. In addition, Contractor will review toxic air contaminant calculations on an hourly and annual basis. If applicable and requested by County, Contractor will review the fugitive emission calculations and consider any control systems in place.

In addition to BACT, the PTE for the source will be compared to other regulatory triggers, such as the need for offsets and the applicability of various source rules.

Step 3 - Review Health Risk Assessment

As part of the application review, Contractor will analyze the application and emissions and calculate the health risk Prioritization Score (PS) for each emissions unit. Contractor will calculate the PS for carcinogenic effects, non-carcinogenic acute effects, and non-carcinogenic chronic effects, utilizing the most recently approved California Air Pollution Control Officers

Association's (CAPCOA's) Facility Prioritization Guidelines. If the PS is categorized as High

Priority, a more detailed HRA may be required. Contractor will review the HRA if one is included in the application. If not, Contractor may prepare screening-level HRAs or provide full dispersion modeling if requested by Tuolumne County APCD.

Step 4 - Prepare an Engineering Evaluation to Tuolumne County APCD Standards

Contractor will prepare, review, or process a permit application package to Tuolumne County

APCD standards. Once the application is determined to be complete and Contractor has performed its review, Contractor will prepare an engineering evaluation that will include:

• Criteria and air toxics PTE calculations prepared in Step 2;

• NSR compliance, including:

o BACT analysis;

o Modeling; and o Emission offsets; Analysis of Tuolumne County APCD, California Air Resource

Board (CARB), and federal applicable regulations to show compliance with the relevant rules;

o Health risk (PS or HRA) from Step 3;

o Proposed equipment description and details;

o Proposed permit conditions and emissions limitations, as appropriate;

o Creation of public noticing in accordance with Tuolumne County APCD Rule 424, if needed; and o Determining permit processing fees in accordance with Tuolumne County APCD

Rule 601.

If applicable, the engineering evaluation will address requirements specific to FOP applications, including renewals and initial issuances in accordance with Rule 500 (and related public noticing and FOP document preparation).

Contractor will prepare a draft permit engineering evaluation for Tuolumne County APCD management review and comment. A final evaluation will be prepared by Contractor with comments addressed from Tuolumne County APCD management, staff, and/or the permit applicant/equipment operator if they reviewed the draft. Contractor will provide a draft permit engineering evaluation within 2 to 4 months of issuing the completeness letter, well within the regulatory timelines established by Rule 500.

Deliverable: Draft and Final Permit Engineering Evaluation.

2.3. AB 2588 “Hot Spots” reporting requirements

Task 1 – Data Collection

Working with TCAPCD staff and the regulated community, contractor will collect and review relevant data from each facility. The following information will be required from each permitted facility to prepare the prioritization scores:

• Copies of current facility permits and data regarding unpermitted sources of TAC;

• Safety Data Sheet (SDS) information on air toxics contained in materials used at each facility;

• Relevant throughput and material usage data for emissions sources of TAC;

• Facility maps showing the location of each emission source and the nearest receptors; and

• Stack information including the stack height, stack diameter, stack gas temperature, and stack gas exit velocity or flow rate for each point source.

Deliverable: Data Request Instructions for Each Facility

Task 2 – Emissions Estimation

Contractor will prepare workbooks to estimate the TAC emissions from each of the permitted facilities based on the data provided in Task 1. Emissions will be estimated on a yearly and hourly basis in accordance with the “Hot Spots” Emission Inventory Guidelines. The emission factor sources will be clearly documented within the calculation workbook for each facility. The effort to develop TAC emission factors and prepare the emission calculations is expected to vary based on the emission source, thus estimates are provided based on a range of facility complexities.

Deliverables: TAC Emission Calculation Workbooks for Each Facility

Task 3 – Preliminary Facility Prioritization Score Contribution

Contractor will complete a prioritization score calculation for each of the permitted facilities within the TCAPCD. Contractor will utilize the TAC emissions calculated in Task 2 and the

SJVAPCD Prioritization Calculator Tool to develop prioritization scores for each facility. Based on the prioritization score results and the TCAPCD guidelines, facilities will be classified as one of the following:

A. Low Potential Risk Facilities – Will be classified by the TCAPCD as exempt from further reporting and will no longer be assessed through the program;

B. Medium Potential Risk Facilities – Will be subject to quadrennial update reporting to identify changes in equipment, processes, and process rates that might result in a significant risk increase; and

C. High Potential Risk Facilities – Will require a refined HRA, which can be requested from the facility or proposed separately.

Deliverables: Letter Summary of Preliminary Prioritization Score Calculation for Each Facility

Task 4 – AB 2588 Implementation Support

Contractor will assist TCAPCD with enhancing the current AB 2588 program as requested.

Example tasks may include, but are not limited to:

• Working with TCAPCD to develop AB 2588 practices and procedures to assist ongoing

AB 2588 requirements;

• Developing templates for documents that may be required by AB 2588 reporting, including public notification letters and correspondence with regulated facilities;

• Preparing written instructions for updating the TAC emission calculations due to process modifications or changes in throughput;

• Providing training and instructional material to document the use of the prioritization score calculator; and

• Assist TCAPCD with inputting data into CARB’s HARP (Hot Spot Analysis &

Reporting Program) toxic hot spot reporting database.

3. Minimum Qualifications

The proposer shall have a minimum of five (5) years of demonstrated experience providing air quality permitting, regulatory compliance, and engineering consulting services to California air districts or other governmental air quality regulatory agencies. The proposer shall possess minimum qualifications necessary to complete the requirements as outlined in the scope of work.

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 Tuolumne 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 required for the Services requested. If necessary, preliminary investigations, due diligence, and research shall be discussed in this section.

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 RFP; (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.

▪ Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, including a complete transition plan. Include your plan to deal with fluctuation in service needs and any associated price adjustments.

▪ Detailed description of specific tasks you will require from County staff. Explain what the respective roles of County staff and your staff would be to complete the tasks specified in the Scope of Work.

▪ 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.

▪ Proposers are also requested to identify any County owned facilities or property which Proposer would propose to use or lease, purchase, or rent from the County in connection with the services to be performed, including information about the terms of any proposed lease, purchase or use of such equipment and facilities, and how this proposed structure affects the overall cost proposal to the County, if applicable.

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 RFP. 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

2. Proposal Cost*

Proposer shall upload a fee schedule here. Information should include any and all costs associated with the fulfillment of the Scope of Services.

*Response required

5. RFP Process

5.1. Submittal of Proposals

Sealed proposals must be received online, NO LATER THAN 12:00 am on Wednesday, September 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 12:00 am on Wednesday, September 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 12:00 am on Friday, September 11, 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 #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 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.

5.8. 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 Professional Air Pollution Control

Support Services once the Notices of Award/Non-Award have been issued.

https://secure.procurenow.com/portaluolumnecountyca/projects/20451?section=156154

Any protest must be submitted in writing to Air Pollution Control, 22365 S. Airport Rd., Sonora, CA 95370, Attention: Cody Thompson

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 Air Pollution Control Officer 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 develop the scope of work and 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. Completeness of Proposal

The proposal will be evaluated based on its completeness, organization, responsiveness to the requirements of this RFP, and the extent to which it demonstrates a clear understanding of the requested services. Proposals should address all required elements and provide sufficient detail to facilitate a comprehensive evaluation.

Pass / Fail 25 (25% of Total)

2. Qualifications

The proposal will be evaluated based on the qualifications, experience, and technical expertise of the proposer, including the relevance of prior work and the demonstrated ability to successfully perform the services described in the Scope of Work.

0-5 Points 20 (20% of Total)

3. Approach to Providing the Scope of Services

The proposal will be evaluated based on the extent to which the proposed approach demonstrates a clear understanding of the

Scope of Work, an effective methodology for performing the services, and the ability to meet the District's operational needs.

0-5 Points 25 (25% of Total)

4. Reasonable Cost of Service

The proposal will be evaluated based on the reasonableness of the proposed cost, the clarity of the cost proposal, and the overall value provided to the District.

0-5 Points 30 (30% of Total)

7. Contract Information

7.1. Term/Termination

The term of the initial contract awarded under this RFP will be for: twelve (12) months. By mutual agreement, this contract may be extended for twelve (12) months, 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 at any time, without written notice, upon a material breach of contract by the Contractor.

7.2. 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.

7.3. 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.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. 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.

7.4. Hold Harmless/Indemnification

Contactor 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.