C250080_Insurance_and_Indemnification_RM_Review.pdf

INTEROFFICE MEMO

Date November 5, 2025

To: Edwin Byrne, Risk Management

From: Ellis Hoskin, CAMM

Subject: RFP 250080 “Detail Bus Cleaning and Pesticide Application Services”

Below please find a copy of the insurance limits and indemnification language for your review.

The selected vendor shall provide detail bus cleaning and pesticide application services. This effort is requested by the Maintenance Resource Management Department as a Time and Expense contract budgeted for $1,465,000 for a three (3)-year initial term.

Please review the below standard insurance requirements and indemnification language and advise to the acceptability for this procurement.

ARTICLE 9. INSURANCE

A. CONTRACTOR shall procure and maintain insurance coverage in full force and effect during the entire term of the Agreement. Coverage shall be full coverage and not subject to self-insurance provisions. CONTRACTOR shall provide the following insurance coverage:

1. Commercial General Liability, to include Products/Completed Operations, Independent Contractors’, Contractual Liability, Advertising (if applicable to

Scope of Work) and Personal Injury Liability, and Property Damage with a minimum limit of $1,000,000 per occurrence, $2,000,000 general aggregate and $2,000,000 Products/Completed Operations aggregate;

2. Automobile Liability Insurance to include owned, hired and non-owned autos with a combined single limit of $1,000,000 for each accident;

3. Workers’ Compensation with limits as required by the State of California including a Waiver of Subrogation in favor of AUTHORITY, its officers, directors and employees; and

4. Employers’ Liability with minimum limits of $1,000,000 per accident, $1,000,000 policy limit-disease, and $1,000,000 policy limit employee-disease.

5. Professional Liability with minimum limits of $1,000,000 only if the

CONTRACTOR is required by contract or law to be licensed or specially certified and AUTHORITY is relying on performance based on that specialty license or certification.

6. Pollution Legal Liability with minimum limits of $1,000,000 per loss with a

$2,000,000.00 annual aggregate for disposal at non-hazardous treatment, storage and disposal facilities or confirm that the Commercial General

Liability policy includes an endorsement deleting the total pollution exclusion for pesticide/herbicide application.

B. Proof of such coverage, in the form of a certificate of insurance and an insurance policy blanket additional insured endorsement, designating the AUTHORITY, its officers, directors and employees as additional insureds on general liability and automobile liability, as required by Agreement. Proof of insurance coverage must be received by AUTHORITY within ten (10) calendar days from the effective date of the Agreement and prior to commencement of any work. Such insurance shall be primary and non-contributive to any insurance or self-insurance maintained by the AUTHORITY. Furthermore, AUTHORITY reserves the right to request certified copies or review all related insurance policies, in response to a related loss.

C. CONTRACTOR shall also include in each subcontract, the stipulation that subconsultants shall maintain insurance coverage in the amounts required of

CONTRACTOR as provided in the Agreement. Subconsultants will be required to include AUTHORITY as additional insureds on the Commercial General

Liability, and Auto Liability insurance policies.

D. Insurer must provide AUTHORITY with at least thirty (30) days’ prior notice of cancellation or material modification of coverage, and ten (10) days’ prior notice for non-payment of premium.

E. CONTRACTOR shall submit required insurance certificates to AUTHORITY's insurance tracking contractor, InsureTrack. CONTRACTOR shall respond directly to InsureTrack’s request for updated insurance certificates and other insurance-related matters by email to octa@instracking.com.

F. CONTRACTOR shall include on the face of the certificate of insurance, the following information:

1. The Agreement Number 250080 and, the Senior Contract Administrator’s

Name, Ellis Hoskin.

2. For Certificate Holder: The Orange County Transportation Authority, its officers, directors, employers and agents, c/o InsureTrack, P.O. Box 60840

Las Vegas, NV 89160.

ARTICLE 14. INDEMNIFICATION

CONTRACTOR shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and agents (indemnities) from and against any and all claims

(including attorneys' fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by the negligent acts, omissions or willful misconduct by CONTRACTOR, its officers, directors, employees, agents, subconsultants or suppliers in connection with or arising out of the performance of this Agreement.

mailto:octa@instracking.com

Ellis Hoskin

From: Edwin Byrne Sent: Thursday, November 6, 2025 3:44 PM To: Ellis Hoskin Subject: RE: RFP 250080 - Insurance and Indemnification Memo

Thank would work. CGL can sometimes include pollution if there is an endorsement deleting the exclusion. Either one would suƯice.

From: Ellis Hoskin <ehoskin@octa.net> Sent: Thursday, November 6, 2025 3:41 PM To: Edwin Byrne <ebyrne@octa.net> Subject: RE: RFP 250080 - Insurance and Indemnification Memo

Please advise if the below is correct:

PolluƟon Legal Liability with minimum limits of $1,000,000 per loss with a $2,000,000.00 annual aggregate for disposal at non-hazardous treatment, storage and disposal faciliƟes or confirm that the Commercial General Liability policy includes an endorsement deleƟng the total polluƟon exclusion for pesƟcide/herbicide applicaƟon.

Ellis Hoskin | Senior Contract Administrator Contracts Administration and Materials Management Orange County Transportation Authority

(714) 560-5551 550 South Main Street | PO Box 14184 | Orange, CA 92863-1584 CAMM - Procurement with Integrity

From: Edwin Byrne <ebyrne@octa.net> Sent: Thursday, November 6, 2025 3:38 PM To: Ellis Hoskin <ehoskin@octa.net> Subject: RE: RFP 250080 - Insurance and Indemnification Memo

This “$2 million aggregate or confirm that the Commercial General Liability policy includes an endorsement deleting the total pollution exclusion for pesticide/herbicide application.”? It’s is an either or. I would delete the second line and only include, “Pollution Liability (CPL) policy with minimum limits of $1 million per occurrence / $2 million aggregate.”

From: Ellis Hoskin <ehoskin@octa.net> Sent: Thursday, November 6, 2025 3:28 PM To: Edwin Byrne <ebyrne@octa.net> Subject: RE: RFP 250080 - Insurance and Indemnification Memo

Hi Edwin, I will include a PolluƟon Liability (CPL) policy with minimum limits of $1 million per occurrence / $2 million aggregate as instructed.

Can you advise what the addiƟonal limits should be on the second line?

PolluƟon Legal Liability with minimum limits of $1,000,000 per loss with a $2,000,000.00 annual aggregate for disposal at non-hazardous treatment, storage and disposal faciliƟes. Minimum limits of $4,000,000.00 per loss with an $8,000,000.00 annual aggregate limit shall apply separately.

Thank you, Ellis Hoskin | Senior Contract Administrator Contracts Administration and Materials Management Orange County Transportation Authority

(714) 560-5551

From: Edwin Byrne <ebyrne@octa.net> Sent: Thursday, November 6, 2025 3:01 PM To: Ellis Hoskin <ehoskin@octa.net> Subject: RE: RFP 250080 - Insurance and Indemnification Memo

Hi Ellis:

The requirements are approved. I would add either a Pollution Liability (CPL) policy with minimum limits of $1 million per occurrence / $2 million aggregate or confirm that the Commercial General Liability policy includes an endorsement deleting the total pollution exclusion for pesticide/herbicide application. This would be advisable given that they will be working with pesticides, Edwin

From: Ellis Hoskin <ehoskin@octa.net> Sent: Wednesday, November 5, 2025 4:56 PM To: Edwin Byrne <ebyrne@octa.net> Subject: RFP 250080 - Insurance and Indemnification Memo

Hi Edwin, Please see the aƩached memo including associated insurance and applicable scope of work for your review/approval.

Thank you, Ellis Hoskin | Senior Contract Administrator Contracts Administration and Materials Management Orange County Transportation Authority

(714) 560-5551

C250080_Insurance and Indemnification_RM Review.pdf