MBTA Insurance Requirements.pdf

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Attached to
RFP:105F-26 Shuttle Bus Services
Solicitation number
BD-27-1206-MBTA-MBTA-133545
Issued by
Massachusetts

About this file

This document outlines the MBTA Minimum Insurance Requirements for RFP# 105F-21 Shuttle Bus Services, a Massachusetts state transit authority procurement. The MBTA is establishing a pool of qualified operators to provide turnkey replacement shuttle bus services, including vehicles, drivers, and supervision, for planned and emergency subway, commuter rail, and bus service disruptions across the state. The two-year contract is estimated at approximately $120 million, with work to be distributed among multiple awarded vendors across various shuttle service projects throughout the contract term.

The insurance requirements mandate that contractors maintain Commercial General Liability Insurance with limits of $1,000,000 per occurrence and annual aggregate; Automobile Liability Insurance covering all vehicles with combined single limits of $1,000,000; Workers' Compensation and Employers Liability Insurance with minimum limits of $1,000,000 per accident and aggregate; and Umbrella Liability Insurance with limits of $5,000,000 per occurrence and annual aggregate. All insurance policies must be placed with Massachusetts-authorized carriers holding a Best's rating of A- or better, be written on an occurrence basis rather than claims-made basis, include the MBTA as an additional insured, and be maintained in full force throughout the contract term with 30 days advance written notice required for any cancellation. Coverage must include deletion of exclusions for work within 50 feet of rail, full coverage of acts of terrorism, and waiver of subrogation rights in favor of the MBTA. Subcontractors must provide equivalent insurance coverage for their operations, and certificates of insurance must be provided at contract inception and maintained throughout the term.

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Bid Number: RFP# 105F-21 Project Name: Shuttle Bus Services

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:

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

2. 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.

3. 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.

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

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.

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.

1. 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.

2. 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.

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

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

5. 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

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.

1. 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.

2. 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.

3. 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.

4. 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 $5,000,000 per occurrence and annual aggregate, covering all work and services performed under the Contract.

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

2. 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.

3. 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.

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

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

E. Insurer; Additional Insurance Requirements.

1. The required insurance coverage specified above shall be placed with insurance companies licensed and/or authorized by the Massachusetts and having a Best’s rating of A- or better.

2. 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.

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

4. The MBTA shall be named as an additional insured under the Commercial General Liability, Automobile Liability and Umbrella Liability Policies.

5. 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

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

7. All such required insurance shall not contain any exclusions for acts of terrorism, and shall fully cover any acts of terrorism, irrespective of whether such acts of terrorism are caused by domestic or foreign terrorists, and irrespective of whether such acts of terrorism are certified or non-certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2001.

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 sublimits are in place and provide coverage as required

F. Cancellation of Contractor Insurance. In the event of the cancellation of any policy during the term of this Contract, or the failure to keep in effect the insurance required by this section, the MBTA may, on twenty-four (24) hours notice and at its option, procure or renew such insurance on the account of the Contractor. The Contractor agrees to repay the MBTA’s expense.

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