C260524_Insurance_and_Indemnification_Memo_and_RM_Review.pdf

INTEROFFICE MEMO

Date August 3, 2026

To: Edwin Byrne, Risk Management

From: Ellis Hoskin, CAMM

Subject: RFP 260524 “Landscaping Services”

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

The selected vendor shall provide landscaping services. This effort is requested by the Maintenance Resource Management Department as a Firm-Fixed contract budgeted for $550,000 for a two (2)-year term.

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

INSURANCE

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, 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;

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;

and

5. Pollution Legal Liability with minimum limits of $2,000,000 per loss with a $4,000,000.00 annual aggregate for disposal at non-hazardous treatment, storage and disposal facilities. Minimum limits of $4,000,000.00 per loss with an $8,000,000.00 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 include on the face of the certificate of insurance the Purchase Order Number C250324 and, the Senior Contract Administrator's Name, Ellis Hoskin.

d. 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.

e. 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.

INDEMNIFICATION

Contractor shall indemnify, defend and hold harmless Authority, its officers, directors, employees and agents 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, subcontractors or suppliers in connection with or arising out of the performance of this Agreement or Purchase Order.

Ellis Hoskin

From: Regie Peaslee Sent: Tuesday, August 4, 2026 10:06 AM To: Ellis Hoskin Cc: Christine Herrera Subject: RE: Insurance and Indemnification Memo - IFB 260524: Risk Review

Good Morning Ellis:

Thank you for the documents!

I see the updated language in the SOW that addresses the reasoning behind the Pollution Legal Liability requirement.

I have reviewed the language and coverages, and I agree. Please continue with the re-procurement!

Thanks again, Regie Peaslee Senior Claims Representative, Risk Management Orange County Transportation Authority Tel # 714-560-5851 Rpeaslee@octa.net

From: Ellis Hoskin <ehoskin@octa.net> Sent: Monday, August 3, 2026 5:38 PM To: Regie Peaslee <rpeaslee@octa.net> Cc: Christine Herrera <cherrera@octa.net> Subject: RE: Insurance and Indemnification Memo - IFB 260524

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

FYI: This SOW is being re-procured, therefore I’m using the original email chain.

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: Regie Peaslee <rpeaslee@octa.net> Sent: Wednesday, May 13, 2026 8:55 AM To: Ellis Hoskin <ehoskin@octa.net> Cc: Christine Herrera <cherrera@octa.net> Subject: RE: Insurance and Indemnification Memo - IFB 250324 - Landscaping Services: Risk Question: Risk Response

Good Morning Ellis:

Thank will work!

Let’s see the response.

Thanks again, Regie Peaslee Senior Claims Representative, Risk Management Orange County Transportation Authority Tel # 714-560-5851 Rpeaslee@octa.net

From: Ellis Hoskin <ehoskin@octa.net> Sent: Wednesday, May 13, 2026 8:52 AM To: Regie Peaslee <rpeaslee@octa.net> Cc: Christine Herrera <cherrera@octa.net> Subject: RE: Insurance and Indemnification Memo - IFB 250324 - Landscaping Services: Risk Question: Risk Response

Thank you, Regie.

Please confirm you agree with the below response:

The polluƟon coverage and limits outlined in, Exhibit C, Insurance, are required given Exhibit A, Scope of Work, specifically includes acƟviƟes that create environmental risks, such as the applicaƟon of herbicides, pesƟcides and ferƟlizer, handling and disposal of green waste, and the potenƟal chemical runoff into storm drains.

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

(714) 560-5551

Sent: Tuesday, May 12, 2026 6:07 PM To: Ellis Hoskin <ehoskin@octa.net> Cc: Christine Herrera <cherrera@octa.net> Subject: RE: Insurance and Indemnification Memo - IFB 250324 - Landscaping Services: Risk Question: Risk Response

Good Afternoon Ellis:

Thanks for the email.

Regarding the question about pollution insurance, yes this coverage is needed as the Scope of Work specifically includes activities that create environmental risks, such as the application of herbicides, pesticides and fertilizer, handling and disposal of green waste, and the potential chemical runoƯ into storm drains.

Regarding the $8M for insurance coverage, unfortunately, I am not sure which coverage (if not all coverages needed to secure this contract) contractor is referring to. Across the board, the cost of insurance has increased as a whole. Given that there is an initial upfront cost (to secure the coverage), ultimately the cost of coverage is a business cost that may have IRS credit potential.

We are standing firm with our pollution insurance requirement, as well as all the other required insurance coverages.

Thanks again, Regie Peaslee Senior Claims Representative, Risk Management

Orange County Transportation Authority Tel # 714-560-5851 Rpeaslee@octa.net

From: Ellis Hoskin <ehoskin@octa.net> Sent: Tuesday, May 12, 2026 4:51 PM To: Regie Peaslee <rpeaslee@octa.net> Cc: Christine Herrera <cherrera@octa.net> Subject: Insurance and Indemnification Memo - IFB 250324 - Landscaping Services: Risk Question

Hi Regie, Please see quesƟon received below in response to the subject IFB and provide a response.

This response will be included in the standard addendum OCTA posts in response to all quesƟons received from bidders.

It will be visible to all bidders “following” the subject IFB on OpenGov.

I’ve included the approved insurance requirements, memo and correspondence for reference.

Please let me know if you have any quesƟons.

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

(714) 560-5551

Sent: Wednesday, April 29, 2026 8:01 AM To: Ellis Hoskin <ehoskin@octa.net> Subject: RE: Insurance and Indemnification Memo - IFB 250324 - Landscaping Services: Risk Review

Good Morning Ellis:

Thanks for the updated budget for the IFB.

I have reviewed the language and coverages, and I agree. Please continue.

Thanks again, Regie Peaslee Senior Claims Representative, Risk Management Orange County Transportation Authority Tel # 714-560-5851 Rpeaslee@octa.net

From: Ellis Hoskin <ehoskin@octa.net> Sent: Tuesday, April 28, 2026 5:30 PM To: Regie Peaslee <rpeaslee@octa.net> Subject: RE: Insurance and Indemnification Memo - IFB 250324 - Landscaping Services: Risk Review

Hi Regie, The project manager has increased the budget for this IFB to $503,190, previously $445,000.

I’ve updated the aƩached memo, please advise if the insurance requirements and indemnificaƟon language previously approved is good as is to proceed with or if modificaƟons are required.

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

(714) 560-5551

Sent: Monday, April 13, 2026 6:10 PM To: Ellis Hoskin <ehoskin@octa.net> Subject: RE: Insurance and Indemnification Memo - IFB 250324 - Landscaping Services: Risk Review

Good Evening Ellis:

Thank you for the updated Insurance Requirements Memo.

I have reviewed the documents for language and coverages, and I agree.

Please continue!

Regie Peaslee Senior Claims Representative, Risk Management Orange County Transportation Authority Tel # 714-560-5851 Rpeaslee@octa.net

From: Ellis Hoskin <ehoskin@octa.net> Sent: Monday, April 13, 2026 5:44 PM To: Regie Peaslee <rpeaslee@octa.net> Subject: RE: Insurance and Indemnification Memo - IFB 250324 - Landscaping Services: Risk Review

Hi Regie, Please see aƩached updated insurance requirements and memo for your review/approval.

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

(714) 560-5551

Sent: Monday, April 13, 2026 5:08 PM To: Ellis Hoskin <ehoskin@octa.net> Subject: RE: Insurance and Indemnification Memo - IFB 250324 - Landscaping Services: Risk Review

Goof Afternoon Ellis:

Thank you for the docs!

Please add to the OCTA Insurance Requirement Memo the following coverages:

- Pollution Liability

Thank you!

Regie Peaslee Senior Claims Representative, Risk Management Orange County Transportation Authority Tel # 714-560-5851 Rpeaslee@octa.net

From: Ellis Hoskin <ehoskin@octa.net> Sent: Monday, April 13, 2026 4:35 PM To: Regie Peaslee <rpeaslee@octa.net> Subject: FW: Insurance and Indemnification Memo - IFB 250324 - Landscaping Services

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

Per the aƩached email, Edwin asked to forward to you.

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

(714) 560-5551

From: Ellis Hoskin Sent: Monday, April 13, 2026 4:13 PM To: Edwin Byrne <ebyrne@octa.net> Subject: Insurance and Indemnification Memo - IFB 250324 - Landscaping Services

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