RFP_250271_Insurance_Indemnification_Memo.docx
DOCX document 43 KB Posted
- Attached to
- Express Lanes Marketing Program
- Solicitation number
- 250271
- Issued by
- Orange County, California
About this file
This is an interoffice memorandum regarding insurance requirements and indemnification language for RFP 250271, submitted to the Orange County Transportation Authority (OCTA) Risk Management department by the CAMM office. The procurement seeks a qualified consultant to provide an Express Lane Marketing Program for the 405 and 91 Express Lanes. The contract is structured as a three-year term with a total budget of $450,000. The memorandum serves as an internal review document to ensure that the standard insurance and indemnification requirements are appropriate and acceptable for this specific procurement effort.
The insurance requirements mandate that the selected consultant maintain comprehensive coverage throughout the contract term, including Commercial General Liability with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate, Automobile Liability Insurance with combined single limits of $1,000,000 per accident, Workers' Compensation as required by California with a Waiver of Subrogation, Employers' Liability with $1,000,000 limits, and Professional Liability insurance of $1,000,000 if the consultant is required to be licensed or specially certified. The consultant must provide proof of coverage within ten calendar days of the agreement's effective date and prior to commencing work, designate OCTA as an additional insured, and ensure all insurance is primary and non-contributive to OCTA's coverage. The indemnification clause requires the consultant to indemnify and defend OCTA against all claims arising from the consultant's negligent acts, omissions, or willful misconduct, including bodily injury, death, property damage, and associated legal costs. Subconsultants are required to maintain equivalent insurance coverage and include OCTA as an additional insured.
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Text version
INTEROFFICE MEMO
Date May 20, 2026
To: Regie Peaslee, Risk Management
From: Michael Cardozo, CAMM
Subject: RFP 250271
Below please find a copy of the insurance limits and indemnification language for your review. The selected consultant shall provide an Express Lane Marketing Program. This effort is time and expense budgeted for $450,000 for three (3)-year term.
Please review the below standard insurance requirements and indemnification language and advise to the acceptability for this procurement.
INSURANCE
CONSULTANT 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. CONSULTANT shall provide the following insurance coverage:
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;
Automobile Liability Insurance to include owned, hired and non-owned autos with a combined single limit of $1,000,000 for each accident;
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 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.
Professional Liability with minimum limits of $1,000,000 only if the CONSULTANT 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.
Proof of such coverage, in the form of a certificate of insurance and an insurance policy blanket additional insured endorsement, designating 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 AUTHORITY. Furthermore, AUTHORITY reserves the right to request certified copies or review all related insurance policies, in response to a related loss.
CONSULTANT shall also include in each subcontract, the stipulation that subconsultants shall maintain insurance coverage in the amounts required of CONSULTANT 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.
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.
CONSULTANT shall submit required insurance certificates to AUTHORITY’s insurance tracking contractor, InsureTrack. CONSULTANT shall respond directly to InsureTrack’s request for updated insurance certificates and other insurance-related matters by email to octa@instracking.com.
CONSULTANT shall include on the face of the certificate of insurance, the following information:
The Agreement Number C- and, the Contract Administrator’s Name, 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.
1. INDEMNIFICATION
CONSULTANT 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 CONSULTANT, its officers, directors, employees, agents, subconsultants or suppliers in connection with or arising out of the performance of this Agreement.
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