Attachment D - Min Insurance Requirement - RFP 252F-24.docx

MBTA Minimum Insurance Requirements

The Contractor shall carry and maintain, throughout the term of this Contract, including any extensions thereof, all insurance required under this section.

A. Commercial General Liability Insurance The Contractor shall carry and maintain Commercial General Liability Insurance covering all operations by or on behalf of the Contractor on an occurrence basis against claims for bodily injury, property damage (including loss of use), personal injury and advertising injury with limits not less than $1,000,000 per occurrence and $1,000,000 annual aggregate. Terms and conditions for required insurance shall include:

Policy Endorsement deleting any exclusion for work within 50 feet of rail.

Required insurance coverage specified above shall be placed with insurance companies licensed and/or authorized by the Massachusetts Division of Insurance to do business in the Commonwealth of Massachusetts and having a Best's rating of A- or better.

Required insurance shall be taken out before the Contract is commenced and be kept in full force and effect throughout the term of the Contract, shall be primary to and non-contributory to any insurance or self-insurance maintained by the MBTA, and shall require that the MBTA be given at least 30 days advance written notice in the event of any cancellation.

Commercial General Liability shall be written on an occurrence basis form, as opposed to a claim made basis form.

All such insurance as is required of the Contractor shall be provided by or on behalf of subcontractors to cover their operations performed.

At the inception date of this contract and throughout the term of the Contract, the MBTA shall be provided with certificates of insurance with MBTA named as additional insured and evidencing that such insurance policies, including required limits and sub limits are in place and provide coverage as required.

B. Automobile Liability Insurance The Contractor shall carry and maintain Automobile Liability Insurance covering the use of all vehicles: owned, leased, hired and non-owned, with limits not less than $1,000,000 combined single limit.

Required insurance coverage specified above shall be placed with insurance companies licensed and/or authorized by the Massachusetts Division of Insurance to do business in the Commonwealth of Massachusetts and having a Best's rating of A- or better.

Required insurance shall be taken out before the Contract is commenced and be kept in full force and effect throughout the term of the Contract, shall be primary to and non-contributory to any insurance or self-insurance maintained by the MBTA, and shall require that the MBTA be given at least 30 days advance written notice in the event of any cancellation.

Automobile Liability shall be written on an occurrence basis form, as opposed to a claim made basis form.

All such insurance as is required of the Contractor shall be provided by or on behalf of subcontractors to cover their operations performed.

At the inception date of this contract and throughout the term of the Contract, the MBTA shall be provided with certificates of insurance with MBTA named as additional insured and evidencing that such insurance policies, including required limits and sub limits are in place and provide coverage as required.

C. Workers' Compensation Insurance.

The Contractor shall carry and maintain Workers’ Compensation Insurance, including Employers Liability Insurance as provided by Massachusetts General Laws, Chapter 152, as amended, covering all work and services performed under the Contract.

Employer’s Liability requires the following minimum limits:

$1,000,000 Each Accident for Bodily Injury by Accident $1,000,000 Each Employee for Bodily Injury by Disease $1,000,000 Aggregate Policy Limit for Bodily Injury by Disease.

The required insurances coverage specified above shall be placed with insurance companies licensed and/or authorized by the Massachusetts Division of Insurance to do business in the Commonwealth of Massachusetts and having a Best's rating of A- or better.

Required insurance shall be taken out before the Contract is commenced and be kept in full force and effect throughout the term of the Contract, shall be primary to and non-contributory to any insurance or self-insurance maintained by the MBTA, and shall require that the MBTA be given at least 30 days advance written notice in the event of any cancellation.

At the inception date of this contract and throughout the term of the Contract, the MBTA shall be provided with certificates of insurance evidencing that such insurance policies, including required limits and sub limits are in place and provide coverage as required. Such insurance shall contain a waiver of any and all subrogation rights against the MBTA.

D. Umbrella Liability Insurance The Contractor shall carry and maintain Umbrella Liability Insurance with limits not less than $1,000,000 per occurrence and annual aggregate, covering all work and services performed under the Contract.

a) Such insurance follow the form of underlying insurance terms and conditions.

b) Required insurance coverage specified above shall be placed with insurance companies licensed and/or authorized by the Massachusetts Division of Insurance to do business in the Commonwealth of Massachusetts and having a Best's rating of A- or better.

c) Required insurance shall be taken out before the Contract is commenced and be kept in full force and effect throughout the term of the Contract, shall be primary to and non-contributory to any insurance or self-insurance maintained by the MBTA, and shall require that the MBTA be given at least 30 days advance written notice in the event of any cancellation.

d) Umbrella/Excess Liability shall be written on an occurrence basis form, as opposed to a claim made basis form.

e) All such insurance as is required of the Contractor shall be provided by or on behalf of subcontractors to cover their operations performed.

f) At the inception date of this contract and throughout the term of the Contract, the MBTA shall be provided with certificates of insurance with MBTA named as additional insured and evidencing that such insurance policies, including required limits and sub limits are in place and provide coverage as required.

E. Professional Liability or Errors and Omission Insurance Contractor shall provide professional liability or errors and omissions coverage with limits not less than $1,000,000 per claim and aggregate, protecting against any negligent act, error or omission arising out of the Work, including coverage for acts by others for whom Contractor is legally responsible. The policy shall have a retroactive date no later than the date hereof and shall have a five-year extended reporting period with respect to events which occurred but which were not reported during the term of the policy. The policy shall include as insureds Contractor (including all Participants) and any Subcontractors (including design sub consultants). The policy shall not contain any provision or exclusion to the effect of which would be to prevent, bar or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy.

a) Required insurance coverage specified above shall be placed with insurance companies licensed and/or authorized by the Massachusetts Division of Insurance to do business in the Commonwealth of Massachusetts and having a Best's rating of A- or better.

b) Required insurance shall be taken out before the Contract is commenced and be kept in full force and effect throughout the term of the Contract, shall be primary to and non-contributory to any insurance or self-insurance maintained by the MBTA, and shall require that the MBTA be given at least 30 days advance written notice in the event of any cancellation.

c) At the inception date of this contract and throughout the term of the Contract, the MBTA shall be provided with certificates of insurance evidencing that such insurance policies, including required limits and sub limits are in place and provide coverage as required.

F. Technology Errors & Omissions/Professional Liability Insurance The Contractor shall carry and maintain Technology Errors & Omissions/Professional Liability Insurance, in an amount not less than $10,000,000 per claim and annual aggregate, covering all acts, errors, omissions, negligence, infringement of intellectual property (except patent and trade secret); network security and privacy risks, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or other negligence in the handling of confidential information, privacy perils, and including coverage for related regulatory defense and penalties; data breach expenses, in an amount not less than $10,000,000, including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services in the performance of services for MBTA or on behalf of MBTA hereunder. If a sub-limit applies to any elements of coverage, the certificate of insurance evidencing the coverage above must specify the coverage section and the amount of the sub-limit. Such insurance shall be maintained in force at all times during the term of the agreement and for a period of four (4) years thereafter for services completed during the term of the agreement. MBTA shall be given at least 30 day notice of the cancellation or expiration of the aforementioned insurance for any reason.

a) The required insurances coverage specified above shall be placed with insurance companies licensed and/or authorized by the Massachusetts Division of Insurance to do business in the Commonwealth of Massachusetts and having a Best's rating of A- or better.

b) Required insurance shall be taken out before the Contract is commenced and be kept in full force and effect throughout the term of the Contract, shall be primary to and non-contributory to any insurance or self-insurance maintained by the MBTA, and shall require that the MBTA be given at least 30 days advance written notice in the event of any cancellation.

c) At the inception date of this contract and throughout the term of the Contract, the MBTA shall be provided with certificates of insurance evidencing that such insurance policies, including required limits and sub limits are in place and provide coverage as required.

G. Cyber Liability Contractor shall carry and maintain Network Security and Privacy Liability, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or other negligence in the handling of confidential information, privacy perils, and including coverage for related regulatory defense and penalties in an amount not less than $10,000,000. The policy shall contain Data Breach expenses, in an amount not less than $10,000,000 and payable whether incurred by MBTA or Cloud Host Vendor, including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services. The policy shall contain an affirmative coverage grant for contingent bodily injury and property damage emanating from the failure of the technology services or an error or omission in the content/information provided.

a) The required insurances coverage specified above shall be placed with insurance companies licensed and/or authorized by the Massachusetts Division of Insurance to do business in the Commonwealth of Massachusetts and having a Best's rating of A- or better.

b) Required insurance shall be taken out before the Contract is commenced and be kept in full force and effect throughout the term of the Contract, shall be primary to and non-contributory to any insurance or self-insurance maintained by the MBTA, and shall require that the MBTA be given at least 30 days advance written notice in the event of any cancellation.

c) At the inception date of this contract and throughout the term of the Contract, the MBTA shall be provided with certificates of insurance evidencing that such insurance policies, including required limits and sub limits are in place and provide coverage as required.

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