RFP63-26 MBTA Minimum Insurance Requirements.pdf

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Attached to
RFP 63-26 Removal and Disposal of Hazardous Waste
Solicitation number
BD-26-1206-40000-40000-129945
Issued by
Suffolk County, Massachusetts

About this file

This document outlines the MBTA Minimum Insurance Requirements for RFP 63-26, Removal and Disposal of Hazardous Waste, a Massachusetts Bay Transportation Authority procurement. The MBTA is seeking contractors to remove, transport, and dispose of hazardous waste and materials across MBTA properties throughout the Great Boston Metropolitan area and Southeastern Massachusetts, with services including both 24/7 emergency response (two-hour response time) and scheduled services during business hours. The scope encompasses petroleum products, antifreeze, PCBs, elevator and escalator materials, and miscellaneous hazardous and non-hazardous waste across 28 designated facilities including bus garages, carhouses, rail yards, and repair shops. Proposals are due June 19, 2026 at 2:00 p.m. Eastern Time, with a pre-bid conference scheduled for June 2, 2026 and questions due June 5, 2026. The MBTA anticipates awarding a four-year base contract with two optional one-year renewal periods, with service commencement on August 1, 2026 and estimated contract execution by June 30, 2026.

Contractors must maintain comprehensive insurance coverage throughout the contract term, including Commercial General Liability Insurance ($1,000,000 per occurrence/$1,000,000 annual aggregate), Automobile Liability Insurance ($1,000,000 combined single limit), Workers' Compensation Insurance with Employer's Liability ($1,000,000 per accident, per employee, and aggregate), Umbrella Liability Insurance ($10,000,000 per occurrence and annual aggregate), and Pollution Liability Insurance ($5,000,000 per occurrence/$10,000,000 aggregate for both sudden and non-sudden occurrences). All insurance policies must be placed with Massachusetts Division of Insurance-licensed carriers with a Best's rating of A- or better, be primary and non-contributory to MBTA self-insurance, and maintain MBTA as additional insured with 30 days advance written notice of cancellation. Pricing shall be submitted on a rate contract basis with firm fixed unit costs for specified waste disposal categories, with separate pricing for Years 1-3 of the base period and optional renewal years; all quoted prices must be inclusive of labor, equipment, transportation, and testing costs.

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Bid Number: 63-26 Project Name: Removal and Disposal of Hazardous Waste

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 $10,000,000 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. Pollution Liability Insurance The Contractor or his designated Subcontractor shall carry Pollution Liability Insurance in an amount not less than $5,000,000 per occurrence $10,000,000 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. The Contractor shall designate the disposal site and furnish a Certificate of Insurance from the Disposal Facility for Environmental Impairment Liability Insurance covering liability for sudden and accidental occurrences in the amount of not less than $5,000,000 per occurrence and $10,000,000 annual aggregate, and shall also include liability for non-sudden and gradual occurrences in the amount of not less than $5,000,000 per occurrence and $10,000,000 annual aggregate.

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. 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 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 the hazardous materials exposure identified under this Contract is covered under these Pollution Liability Insurance Policies.

6. The Contractor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability Insurance containing the MCS90 endorsement for the liability arising out of the transportation of hazardous materials with an amount not less than $5,000,000 per occurrence.

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