COMMERCIAL INSURANCE: Prior to the commencement of the permitted media activity on WMATA property, the Producer shall acquire and maintain in effect during the term of the media activity on WMATA property, an insurance policy with a company rated at least "A-/VII" by A.M. Best and authorized to do business in the jurisdiction where the media activity will be conducted.
1) COMMERCIAL GENERAL LIABILITY: An insurance policy covering the liability of the producer for all work or operations under or in connection with the media activity; Products, Completed Operations, Independent Contractors and Contractual Liability coverages must be included. The coverage under such an insurance policy or policies shall have limits not less than $2,000,000 per occurrence combined single limit.
With respect to the media activities related to the Agreement, WMATA must be included as an additional insured under the general liability insurance coverage and named as the Certificate Holder. Please use the following address: 600 Fifth Street, NW, Washington, DC 20001.
2) WORKER'S COMPENSATION: An insurance policy complying with the requirements of the statutes of the jurisdiction(s) in which the media activity will be performed, and if there is any exposure for the Producer or any of the Producer's personnel due to the U.S. Longshoremen's and Harbor Workers' Act, Jones Act, Admiralty Laws or the Federal Employers' Liability Act, the Producer will provide coverage for these exposures on an "if any" basis. The coverage under such an insurance policy or policies shall have limits not less than:
|Worker's Compensation||Statutory Limit|
|Employer's Liability: Each Accident||$1,000,000|
|Disease Policy Limits||$1,000,000|
|Disease - Each Employee||$1,000,000|
3) AUTOMOBILE LIABILITY INSURANCE (necessary if driving onto WMATA property): A commercial auto insurance policy covering the use of all owned, non-owned, hired, rented or leased vehicles bearing valid license plates appropriate for the circumstances for which the vehicles are being used. These vehicles should bear license plates applicable to the state laws for which the vehicle(s) are registered. Liability for the Producer's mobile equipment is not subject to this coverage and therefore the aforementioned general liability insurance is required. The Producer's employees, agents, etc., are not permitted to operate any vehicle owned by WMATA whether in commission of the activities agreed to by the Agreement or outside the same.
The coverage under such an insurance policy or policies shall include mandatory Uninsured Motorist Coverage where applicable. The coverage under such an insurance policy or policies shall have limits not less than:
$2,000,000 per occurrence (Combined Single Limit)
4) RAILROAD PROTECTIVE LIABILITY ("RRP"): An insurance policy issued to WMATA as the named insured and covering the liability of all Contracting Parties for the media activity to be performed on, above, adjacent to or underneath WMATA's operating railroad property for any personal injuries or deaths or any damage to the property, equipment and facilities caused by the activities of Producer, or any Contractor or Subcontractor resulting from the performance of the media activity. The coverage under such an insurance policy shall have a limit of liability not less than $2,000,000 per occurrence/$6,000,000 aggregate.
Instead of procuring a standalone RRP policy on WMATA's behalf, Producer has the option of paying a RRP waiver fee (based on the nature of the media activity) and the coverage will be provided under WMATA's Blanket RRP program. If the latter option is chosen, WMATA shall advise Producer of the premium and an invoice will be sent to Producer. Producer shall forward payment in the form of a certified check, business check or money order (made payable to WMATA), to:
Washington Metropolitan Area Transit Authority
Office of Station Area Planning and Asset Management
600 5th Street, NW, Room 5B
Washington, DC 20001
ATTN: Cynthia Jachles
PAYMENT SHOULD BE MADE PREFERABLY ONE (1) WEEK IN ADVANCE BUT NOT LESS
THAN THREE (3) DAYS IN ADVANCE.
SPECIAL PROVISIONS FOR INSURANCE REQUIREMENTS:
(1) The Producer shall forward to WMATA, Office of Station Area Planning and Asset Management, 600 Fifth Street, NW, Room 5B, Washington, DC 20001, evidence of the required insurance in the form of signed original certificates of insurance, including all applicable endorsements. Insurance companies providing the coverage must carry a current A.M. Best rating of at least "A-" VII. The required insurance policies shall remain in full force and effect until completion and acceptance of all media activities covered by the Agreement, and shall not be canceled, non-renewed or modified (except to increase the coverages and limits) without thirty (30) calendar days prior written notice from Producer to WMATA's Office Insurance, 600 5th Street, NW, Room 8F, Washington, DC 20001.
(2) Prior to beginning any media activity, evidence of the required insurance, must be approved by WMATA in writing. The initial and subsequent certificates of insurance shall include: 1) a description of the media activity scheduled to take place on WMATA property; 2) the location of the media activity; and 3) the date of the media activity.
(3) All insurance shall be procured from insurance companies acceptable to WMATA and licensed and authorized to conduct business in the District of Columbia, State of Maryland and Commonwealth of Virginia. WMATA's approval or failure to approve insurance furnished by the Producer shall not release the Producer of full responsibility for liability for damage and accidents.
(4) If at any time the above required insurance policies should be canceled, terminated or modified so that the insurance is not in full force and effect as required herein, WMATA reserves the right to terminate the Agreement and revoke its consent to allow the Producer to use its facilities for the media activities.
(5) Prior to commencement of the work, the Producer shall require each subcontractor, at all tiers, to provide evidence of insurance coverage specified herein and such evidence of coverage shall be provided to WMATA, Office of Station Area Planning and Asset Management, 600 5th Street, Room 5B, NW, Washington, DC 20001, or Producer may, at its option, provide the coverage for any or all subcontractors, provided the evidence of insurance submitted by Producer to WMATA so stipulates. Such coverage shall remain in full force and effect during the performance of media activities under the Agreement.
(6) The Producer and any and all of its subcontractors shall name WMATA as an additional insured on their General Liability insurance. This insurance will be primary. WMATA's insurance will not be contributory. A waiver of subrogation endorsement must be included on the policies in WMATA's favor. The Producer acknowledges and agrees that WMATA's governmental immunity, as may be applicable, applies only to WMATA, and not the Producer.
(7) The limits of liability included in these requirements are minimum limits. Each permit request is reviewed on its individual characteristics and the limit of liability is determined accordingly. WMATA reserves the right to review and or change these limits if the agreed duties/responsibilities lend themselves to further consideration.
FOR QUESTIONS REGARDING INSURANCE, PLEASE CALL METRO'S OFFICE OF INSURANCE: 202-962-1236 or 202-962-1223.