Insurance.pdf

Insurance

Vendors/Contractors must provide a scanned copy of appropriate Certificate of Insurance evidencing the following:

Vendor/Contractor shall, at Vendor’s/Contractor’s cost and expense, at all times during the Term, maintain in full force and effect, and cause its subcontractors, if any, to maintain as a precondition to providing services as described but not limited to services outlined in this RFR adequate insurance coverage, but in no event shall such insurance coverage be less than the types and amounts of coverage listed below. In addition, these are minimum limits and do no limit Vendors/Contractors liability to the minimum limits required below.

(a) Workers’ Compensation Insurance with statutory benefits and Employer’s Liability of not less than $1,000,000 per accident for all persons to be employed by Vendor/Contractor in connection with this RFR. Vendor/Contractor shall continue such insurance as required by Massachusetts General Law Chapter 152 in full force and effect throughout the Term.

(b) General Liability Insurance for all damages arising out of bodily injury or death or damage to property incurred in connection with this RFR. The limit shall be not less than $1,000,000 combined single limit for bodily injury and property damage, $2,000,000 products aggregate and $2,000,000 general aggregate. Such coverage shall be written on an occurrence basis and include, without limitation, the following: (a) Products & Completed operations hazard coverage, (b) Contractual Liability covering this Contract, and (c) Personal Injury Coverage. This insurance shall expressly provide that the general aggregate limit of liability applies on per project or per location basis.

(c) Automobile Liability Insurance covering owned, non-owned and hired vehicles in accordance with all applicable laws, including, without limitation, the automobile insurance laws of the Commonwealth of Massachusetts, with limits of not less than $1,000,000 combined single limit for bodily injury and property damage. Such coverage shall be written on a per accident basis.

(d) Umbrella Liability Insurance which shall provide excess coverage over the general liability, automobile liability, and the employer’s liability coverages as set forth above. Such coverage shall be no less broad than such primary coverages and shall be written on an occurrence basis with limits of not less than $5,000,000 combined single limit for bodily injury and property injury.

(e) Such other insurance and in such amounts, or higher coverage limits on the insurance specified above, as may be reasonably required by MassDOT from time to time during the Term.

(f) Other Insurance Policy Requirements

i. All insurance maintained by Vendor/Contractor pursuant to this Contract shall be written by insurance companies authorized to do business in the Commonwealth of Massachusetts or if not so authorized, by companies which are approved by the Massachusetts Commissioner of Insurance. All insurance companies writing the insurance required by this Agreement must be reasonably acceptable to the MassDOT and must have a Best’s Financial Strength Rating of “A-” or higher and a Best’s Financial Size Category Class of “VII” or better, unless otherwise approved by the MassDOT in writing.

ii. MassDOT hereby retains the right to periodically review the types and amounts of insurance being maintained by Vendor/Contractor and to require additional insurance to the extent that such additional insurance is commercially available and reasonably prudent under then existing circumstances.

iii. All insurance policies required in subsections (b), (c), (d) shall include by way of endorsement, name MassDOT as an additional insureds to the extent of Vendor’s/Contractor’s indemnification obligations under this Contract and in the amounts set forth above. Vendor/Contractor must submit the endorsement demonstrating the specified additional insured status for each insurance policy for which such endorsement is required.

iv. All casualty insurance policies except for workers compensation, shall be endorsed to provide that, with respect to claims against MassDOT, Vendor’s/Contractor’s insurance policies shall be primary and insurance maintained by MassDOT shall be excess and non-contributory.

v. All insurance policies required above shall be endorsed to waive the insurer’s rights of subrogation against MassDOT but only to the extent of Vendor’s/Contractor’s indemnification obligation under the terms of this Contract; it being the intent of both parties that the waiver of subrogation shall not apply to any loss, claim, damage, injury, cost or expense arising from the gross and willful negligent acts or omissions of MassDOT. The workers compensation policy must be specifically endorsed as such.

vi. All policies required above shall provide MassDOT with 60 days written notification of cancellation. All policies must be endorsed as such.

vii. Vendor/Contractor shall provide certificate(s) of insurance evidencing such coverage to MassDOT prior to the date on which Vendor/Contractor executes and delivers this Contract and not less than fifteen business (15) days after the renewal date of any such insurance without lapse in coverage. Such certificate(s) shall indicate (i) the name and address of the insured and the name of the insurer, (ii) the policy period, (iii) that such insurance shall not be subject to cancellation, or non-renewal by either the insurance company or Vendor/Contractor unless thirty (30) days prior written notice is provided to MassDOT , (iv) the details of coverage, including limits of liability, (v) a waiver of all rights of subrogation with respect to each policy against MassDOT and its bond trustees and mortgagees, and (vi) a statement that each policy includes

MassDOT as additional insureds as their interests may appear on the insurance policies required in subsections (b), (c), (d), and (vii) a statement that with respect to claims made against MassDOT, Vendor’s/Contractor’s insurance is primary and any insurance maintained by MassDOT shall be excess and non-contributory. MassDOT is entitled to rely upon the information provided in any such certificate(s) and Vendor/Contractor is responsible for the accuracy and validity of such information.