Research Corporation
of the University of Hawai‘i

2.403 Watercraft, Aircraft, Helicopter, Bus Services (Vendor Solicitations)

Departments and programs that rent watercraft (including chartering marine vessels), aircraft, helicopter, or bus services may engage only with businesses that adhere to the indemnification and insurance requirements established by the RCUH. The minimum liability insurance coverage is $5,000,000. Refer to Policy 2.402 Insurance Requirements (Vendors). Solicitations for these types of vendors should include language explaining the RCUH’s indemnification and insurance requirements.

When chartering marine vessels, coverage under the RCUH’s marine insurance policy must also be verified. Refer to Policy 2.404 Utilizing and Chartering Marine Vessels for additional requirements.

1. Responsibilities
2. Principal Investigator
   1. Ensure that the required indemnification statements and insurance clauses are included in solicitations and contracts for watercraft, aircraft, helicopter, and bus services.
   2. Consult RCUH Procurement for assistance.
3. Fiscal Administrator

Work with the Principal Investigator and Project staff to ensure that the required indemnification statements and insurance clauses are included in solicitations and contracts for watercraft, aircraft, helicopter, and bus services.

1. Details of Policy

Contact the RCUH Procurement & Disbursing manager if you have any questions about the indemnification and insurance requirements.

1. Indemnification for the Acquisition of Transportation Services

A solicitation for transportation services must include the following indemnification:

“The vendor shall indemnify, defend, and hold harmless the RCUH, its officers, agents, employees, or any person acting on its behalf from and against the following:

1. Any claim or demand for loss, liability, or damage including, but not limited to, claims for property damage, personal injury, or death, by whomsoever brought, arising from any act or omission of the vendor, its officers, employees, agents, subcontractors, or any person acting on its behalf in the performance of this agreement.
2. All claims, suits, and damages by whomsoever brought, by reason of the non-observance or non-performance by the vendor, its officers, employees, agents, subcontractors, or any person acting on its behalf of any of the terms, covenants, and conditions herein or the rules, regulations, ordinances, and laws of the federal, state, municipal, or county governments. Furthermore, the vendor shall reimburse the RCUH, its officers, employees, agents, or any person acting on its behalf for all reasonable attorneys’ fees, costs, and expenses incurred in connection with the defense of such claim(s).”
3. Insurance for the Acquisition of Transportation Services

A solicitation for transportation services must include insurance clauses with the following terms and conditions:

“The vendor shall, during the period of this agreement, at its own cost and expense, maintain liability insurance for the specific transportation services rendered, providing combined single-limit coverage (bodily injury and property damage) in the amount of [minimum of $5,000,000] per occurrence; said policy shall name the RCUH and the State of Hawaii as additional insureds, and a copy thereof shall be deposited with the RCUH. Insurance shall be in force the first day of the term of this contract. Each certificate of insurance required by this contract shall contain the following two (2) clauses:

1. It is agreed that any insurance maintained by the RCUH will apply in excess of, and not contribute with, insurance provided by this policy.
2. The RCUH and the State of Hawaii are added as additional insureds with respect to operations performed for [insert project name].”

The solicitation for transportation services must also require the vendor to notify RCUH of any changes to the vendor’s insurance policies (or any cancellation of insurance) at least 30 days prior to the change or cancellation.

III. Relevant Documents

Policy 2.203 Vendor Terms and Conditions

Policy 2.204 Services Agreements

Policy 2.402 Insurance Requirements (Vendors)

Policy 2.404 Utilizing and Chartering Marine Vessels

UH AP 8.400 Risk Management Guidelines and Procedures

Date Revised: 2/20/2020