Exhibit A - MBTA Minimum Insurance Requirements.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 $2,000,000 annual aggregate. Terms and conditions for required insurance shall include:

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

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.

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.

Such insurance shall contain a waiver of any and all subrogation rights against the MBTA.

In the event any Contractor personnel are engaged in work activities (such as vessel maintenance) that require coverage under the US Longshore & Harbor Workers’ Compensation Act, Contractor shall provide such coverage.

D. Umbrella Liability Insurance The Contractor shall carry and maintain Umbrella Liability Insurance with limits not less than $10,000,000 per occurrence and annual aggregate, covering all work and services performed under the Contract.

1. Such insurance shall follow the form of underlying insurance terms and conditions.

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

E. Vessel Pollution Liability Insurance The Contractor or his designated Subcontractor shall carry Vessel Pollution Liability Insurance in an amount not less than $1,000,000 per occurrence $5,000,000 aggregate, for sudden and accidental and non-sudden and gradual occurrences arising out of the work being performed under this Contract including, but not limited to, all hazardous materials being identified under this Contract. This coverage may be provided on a claim-made basis.

1. 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. Certificates of Insurance shall clearly state that any hazardous materials exposure identified under this Contract is covered under these Pollution Liability Insurance Policies.

F. Protection & Indemnity Insurance The Operator shall carry and maintain a combination of Protection & Indemnity and /or Marine Excess Insurance in an amount of not less than Twenty-five Million Dollars ($25,000,000) per occurrence and annual aggregate covering all maritime work and services performed under the Contract, including endorsements to cover all the claims, penalties and response costs arising from a spill of oil or any hazardous substance into the navigable waters of the United States. Operator’s coverage shall extend to all floats, docks, and gangways used to provide the contracted services.

1. Such coverage shall include Liquor liability insurance in the event that alcoholic beverages are made available for consumption by passengers on the vessels.

G. Hull Insurance or Property Insurance The Operator shall carry and maintain Hull Insurance or Property Insurance in an amount not less than the full replacement cost of all vessels, docks, floats, gangways, personal property and all improvements maintained on behalf of this contract, insuring such property and improvements against accidents, fire, and other hazards customarily covered by so-called “all risk” insurance.

H. Additional Insurance Requirements:

1. 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.

2. All such required insurance shall be written on an occurrence basis form, as opposed to a claim made basis form.

3. The MBTA shall be named as an additional insured under the Commercial General Liability, Automobile Liability and Umbrella Liability Policies and the MBTA shall be named as loss payee on Hull Insurance Policy to protect its interest.

4. The Workers' Compensation and Employers' Liability Insurance Policies shall include a waiver of subrogation in favor of the MBTA which precludes these insurers from being able to make any subrogation claims against the MBTA.

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

6. 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.

7. All policy deductibles and retentions shall be the responsibility of the Contractor.

MBTA RFP 225-24