C260461_Insurance_and_Indemnification_Memo_and_RM_Review.pdf

INTEROFFICE MEMO

Date July 24, 2026

To: Edwin Byrne, Risk Management

From: Ellis Hoskin, CAMM

Subject: RFP 260461 “Hydrogen Mobile Fueler for 40-Foot Hydrogen Fuel Cell

Buses”

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

The selected vendor shall provide hydrogen mobile fueler for 40-Foot hydrogen fuel cell buses.

This effort is requested by the Transit Technical Services Department as a Time and Expense contract budgeted for $5,872,800 for a one (1)-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 $5,000,000 per occurrence, $5,000,000 general aggregate and $5,000,000

Products/Completed Operations aggregate;

2. Automobile Liability Insurance to include owned, hired and non-owned autos with a combined single limit of $5,000,000 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 $5,000,000 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 $5,000,000 per loss with a

$5,000,000.00 annual aggregate for disposal at non-hazardous treatment, storage and disposal facilities. Minimum limits of $5,000,000.00 per loss with an

$5,000,000.00 annual aggregate limit shall apply separately.

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 250236 and, the Senior Contract Administrator’s Name,

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: Wednesday, July 29, 2026 2:32 PM To: Ellis Hoskin Subject: RE: Insurance and Indemnification Memo - RFP 260461

Hi Ellis:

Yes. Approved.

Edwin

From: Ellis Hoskin <ehoskin@octa.net> Sent: Tuesday, July 28, 2026 4:49 PM To: Edwin Byrne <ebyrne@octa.net> Subject: RE: Insurance and Indemnification Memo - RFP 260461

Hi Edwin, Following up on this request. Can you complete tomorrow ?

Thank you!

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: Ellis Hoskin Sent: Friday, July 24, 2026 3:06 PM To: Edwin Byrne <ebyrne@octa.net> Subject: RE: Insurance and Indemnification Memo - RFP 260461

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

This RFP is being re-procured.

Please advise if the previous below insurance requirements are sufficient to proceed with for the re-procurement.

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, February 19, 2026 11:49 AM To: Ellis Hoskin <ehoskin@octa.net> Subject: RE: Insurance and Indemnification Memo - RFP 250236

Hi Ellis:

Given the scope of this project and the inherit risks, I would recommend the following:

Commercial General Liability – $5,000,000 per occurrence Automobile Liability (owned, hired, non-owned) – $5,000,000 per accident Umbrella/Excess Liability – SuƯicient to reach $10,000,000 total limits Workers’ Compensation – Statutory (California) with Waiver of Subrogation Employers’ Liability – $1,000,000 per accident / disease Professional Liability – $2,000,000 to $5,000,000 Pollution Liability (including transportation exposure) – $5,000,000 per claim and aggregate Additional Insured – Authority to be named on CGL and Auto (primary and non-contributory)

Edwin

From: Ellis Hoskin <ehoskin@octa.net> Sent: Tuesday, February 17, 2026 6:55 PM To: Edwin Byrne <ebyrne@octa.net> Subject: Insurance and Indemnification Memo - RFP 250236

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

C260461_Insurance and Indemnification RM Review.pdf