BID DEADLINE: 5:00 p.m. EST, December 19, 2018

Transcription

1 Washington Metropolitan Area Transit Authority INVITATION FOR BIDS #18-02 CAR-SHARING PARKING SPACE LICENSE BID DEADLINE: 5:00 p.m. EST, December 19, 2018 Prepared by: Office of Real Estate & Parking Issued on: November 9, 2018

2 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY INVITATION FOR BIDS #18-02 CAR-SHARING PARKING LICENSE BACKGROUND The Washington Metropolitan Area Transit Authority ( WMATA ) provides Metrorail and Metrobus services throughout the greater Washington metropolitan area. WMATA is the second largest rail transit system and the sixth largest bus network in the U.S. It provided more than 301 million trips throughout the Washington region in WMATA also operates more than 60,000 parking spaces in Park & Ride garages and parking lots, as well as in Kiss & Ride (i.e. hourly parking) lots and on-street spaces. WMATA desires to offer car-sharing as one of many forms of service and access to its stations. This Invitation for Bids is soliciting one or multiple car-sharing companies to license parking spaces at one or more Metrorail stations. SECTION A: INVITATION FOR BIDS A.1. A.2. A.3. Invitation for Bids. The term Invitation for Bids ( IFB ) as used herein refers to this complete document with all its attachments. All Bids submitted must be in compliance with and are subject to the provisions of this IFB. Parking Spaces Being Offered. WMATA is offering 183 Kiss & Ride parking spaces at 44 Metrorail stations for car-sharing vehicle parking across the Washington metropolitan area. Attachment C provides the complete list of Metrorail stations with the total number of spaces available for car-sharing vehicles to license. Metrorail stations without Kiss & Ride lots, and therefore no available for car-sharing, are provided in Attachment D. SECTION B: INSTRUCTIONS TO BIDDERS B.1. B.2. B.3. Bidding in General. Three (3) copies of a Bid must be submitted in one submission envelope ( Bid Envelope ). The Bid Envelope must be delivered to WMATA s Office of Real Estate and Parking either in person, by mail, or express delivery no later than the Deadline. All Bids are irrevocable for sixty (60) calendar days from the Deadline. The Bid or Bids which represent the best value and/or highest benefit to WMATA will be accepted. Notwithstanding the foregoing, WMATA reserves the right to reject any and all Bids at any time for any reason. Once an award decision is made, no further Bids will be considered. Bid Deadline. This IFB was issued on Friday, November 9, Bidders must deliver their responses ( Bids ) to this IFB no later than 5:00 p.m. EST on Wednesday, December 19, 2018 (the Deadline ). No Bids will be accepted after the Deadline. Questions. Questions regarding this IFB must be submitted in writing no later than 3:00 p.m. on Monday, November 19, 2018 to realestate@wmata.com. Answers will be posted on WMATA s website at in the form of Page 1 of 17

3 amendments to the IFB no later than Thursday, November 29, Each bidder must sign Attachment A: Amendment Acknowledgement Form to indicate he/she has read all information on WMATA s website up until the Deadline and the Amendment Acknowledgment Form must be included in the Bid Envelope. B.4. B.5. Fair Competition. Bidders acknowledge that WMATA procurement regulations prohibit unfair competition. Bidders may only contact realestate@wmata.com for questions relating to the process. No communication relating to this IFB will be accepted other than by and in accordance with Section B.3. The only official responses from WMATA or changes in instruction to this IFB will be in the form of Amendments to the IFB, in accordance with Section B.3. Form of Submissions. a. Three (3) bound copies of each Bid must be submitted, which Bid is required to include the following information: i. Company profile ii. Statement of qualifications iii. Relevant experience iv. Bidder s completed Attachments A, B, and C b. All information and forms required by this IFB must be included in the Bid Envelope. Bids submitted in any other manner or which fail to furnish all information required may be summarily rejected. c. Bids must be filled out legibly with all erasures, strikeovers, and corrections initialed by the person authorized to sign for the bidder and the Bid must be manually signed in blue ink. d. Negligence on the part of the bidder in preparing the Bid confers no right of withdrawal or modification of the Bid after it has been submitted. B.6. Bid Envelopes. Bid Envelopes containing the Bid documents must be sealed and addressed to: Washington Metropolitan Area Transit Authority Office of Real Estate and Parking 600 Fifth Street, NW Washington, DC ATTN: Bruce Bourque The name and address of the bidder must be shown in the upper left corner of the Bid Envelope, as well as IFB # No responsibility will attach to any officer of WMATA for the failure to open a Bid Envelope not properly addressed and identified. B.7. Minimum Parking Space Licensing Fee. WMATA seeks to obtain maximum value for the Parking Spaces offered. No Bids will be accepted which are below a minimum licensing fee of One Hundred Dollars ($100.00) per space per month. Bidders must propose their licensing fee on the Bid Form. Page 2 of 17

4 B.8. B.9. Minimum Parking Space License Term. WMATA contemplates Parking Space License(s) to have a term of one-year, with four (4) one-year options. WMATA will not accept Bids that propose an initial term that is less than twelve (12) months. Exclusive Agreement. Bidders may propose that WMATA s car-sharing agreement be an exclusive agreement. If a car-sharing company desires to have an exclusive agreement with WMATA, WMATA expects to receive a Bid that includes a fee premium and longer minimum agreement term for committing to an exclusive contract. Bidders will indicate their proposal for exclusivity on the Bid Form. B.10. Available Parking Spaces. Bidders shall fill out Attachment C and indicate the Metrorail stations at which they propose to occupy parking spaces, and the number of Parking Spaces they propose to license. If multiple bidders identify the same Metrorail stations and/or if the demand by bidders for parking spaces exceeds the number of parking spaces available at a given Metrorail station, WMATA may amend this IFB to allow bidders to update their Bids with a Best and Final Offer for those Metrorail stations where car-sharing demand is high. At its sole and absolute discretion, WMATA may decide to award one or multiple Parking Space Licenses at a single Metrorail station. B.11. Waiver of Informalities or Irregularities. WMATA may, at its election, waive any minor informality or irregularity in Bids received. B.12. Selection Criteria. The Bids that are most advantageous to WMATA based on qualifications, price, licensing term, and other negotiated terms and conditions under the Parking Space License(s) will be deemed Acceptable Bids. WMATA may select one or more Acceptable Bids and enter into one or more Parking Space License(s). B.13. Notice of Acceptance or Rejection. Notice by WMATA of acceptance or rejection of a Bid will be deemed to have been sufficiently given when mailed to the bidder at the address indicated in the Bid Form. WMATA reserves the right to reject any or all Bids or portions thereof. B.14. Parking Space License. WMATA will proceed to negotiate license agreement(s) ( Parking Space License(s) ) with bidders who have Acceptable Bid(s). The Form of the Parking Space License will be posted to WMATA s website at as an amendment to the IFB no later than Thursday, November 29, The Parking Space License will incorporate, among other things, the terms provided in Section C and the terms offered in the Acceptable Bids. Parking Space Licenses are only effective when they are fully executed by WMATA and the winning bidder(s). Bidders may attach to their Bid Form their proposed changes (if any) to the Form of the Parking Space License. SECTION C: GENERAL TERMS OF PARKING SPACE LICENSE C.1. General Services. a. The Licensee shall operate (in the Licensee's name) a car-sharing operation at selected Metrorail stations in designated parking spaces in WMATA s Kiss & Ride facilities (the Parking Spaces ). Page 3 of 17

5 b. The Licensee shall organize the business, procure necessary equipment, obtain all necessary approvals and permits, and have a complete organization ready to begin service at the effective date of its Parking Space License with WMATA. c. The Parking Space License(s) will include details of the license term and the Licensee s payment obligations to WMATA. d. The Licensee shall provide: i. The car-sharing vehicles; ii. All customer service functions and support, including but not limited to: maintenance, insurance, cleaning, removal of vehicles for WMATA snow clearing purposes, reservations, fuel, removal of vehicle(s) that are illegally parked in licensed Parking Space(s), etc.; and iii. A plan for customer service responses and timing. e. If multiple Licensees are selected to locate at a single Metrorail station, the apportionment of car-sharing spaces at Metrorail stations will be at WMATA s sole and absolute discretion. f. Once a Parking Space License is executed, if, subject to WMATA approval, a Licensee either reduces the number of car-sharing vehicles at a Metrorail station or removes all its vehicles from that Metrorail station at the end of the one-year license term or at the end of a renewal period, other Licensees will be entitled to license those available Parking Spaces. g. If no companies bid on a particular Metrorail station, a Licensee may request to license any available Parking Spaces after the effective date of their Parking Space License. C.2. Parking Spaces for License and Operations. a. Description of Parking Spaces at Metrorail Stations Metrorail stations generally have Parking & Ride spaces in structured parking garages and surface parking lots, as well as Kiss & Ride spaces, which are hourly metered spaces in surface parking lots and on-street. The Parking Spaces provided for car-sharing vehicles will be provided in the Kiss & Ride parking lots or other designated areas. Some of the WMATA Kiss & Ride locations may become subject to construction for joint development or other WMATA purposes. Should this occur, WMATA will work with the selected Licensee(s) to relocate spaces in the station area, but cannot guarantee that spaces will be available on WMATA property nor that replacement space can be found. Further, all relocation costs will be the sole responsibility of the Licensee(s). Page 4 of 17

6 Licensee may not reduce the total number of Parking Spaces assigned to the Licensee for the term of the Parking Space License without prior approval by WMATA. b. Hours of Operation Parking Spaces provided for the car-sharing program will be available 24-hours per day, 7-days a week, and the car-sharing vehicles, likewise, must be available for use 24-hours per day, 7-days a week. C.3. Responsibilities of the Licensee. a. Facilities and Equipment Subject to WMATA approval, the Licensee may provide any type of vehicle to be located at the Metrorail stations. All vehicles must be new (or nearly new) and in excellent condition. WMATA will look favorably on both a variety of vehicle types and on low or ultra-low emission vehicles and vehicles that use alternative fuels. WMATA will not provide charging for electric vehicles. Licensee shall provide a trouble call telephone number which is answered twenty-four (24) hours per day, seven (7) days per week and which is prominently displayed in each vehicle. b. Americans with Disabilities Act As a recipient of federal funds, WMATA complies with the Americans with Disabilities Act. Licensee(s) for this shared vehicle program must have the capability to serve the disabled community, i.e. hand controls, upon request by a member. Accommodation must be made at least within twenty-four (24) hours of a request. Vehicles shall be made available in the same manner as other shared vehicles provided by the Licensee. c. Prices Prices for membership and the use of the vehicles must be set at rates reasonable for the market area and the cost structure of the Licensee. No additional fees or costs are to be charged to the customer for a hand control equipped vehicle. d. Personnel The Licensee shall provide sufficient personnel with appropriate experience to run the program. All staff should be fully trained on policies related to serving the disabled community. e. Sub-Licenses Sub-licenses by the Licensee for the Parking Spaces must be approved by WMATA in advance. Page 5 of 17

7 f. Insurance Licensee shall, without expense to WMATA and to the satisfaction of WMATA, obtain and carry public liability insurance coverage for bodily injury and property damage, as required in Attachment E. g. Alterations & Signage All alterations or renovations, including signage removal and/or installation and/or painting of the assigned Parking Space(s), must be reviewed and approved in writing by WMATA and are at the sole expense and responsibility of the Licensee unless other provisions are made with WMATA. Signage must be routinely inspected and maintained in conformance with Parking Space License requirements. h. Security All car-sharing vehicles must be equipped with adequate locking devices and a mechanism for enabling entry by members only. i. Taxes/Parking Space Licenses The Licensee shall assume the obligation of paying all taxes including sales taxes and other taxes, fees or charges levied, on account of, or in connection with their operation. The Licensee shall be required, at no cost to WMATA, to obtain and maintain as current, all permits required by local or state agencies. j. Addition of Spaces The Licensee may request to add Parking Spaces to its Parking Space License, based on the availability of Parking Spaces, which WMATA may award in its sole and absolute discretion. k. Removal of Vehicles The Licensee shall notify WMATA in writing no less than thirty (30) days in advance of permanently removing one of its vehicles from WMATA property. l. Marketing Plan and Website Link The Licensee shall provide a general marketing plan that outlines the Licensee's strategy for promoting transit use over the duration of the Parking Space License and to what extent, if any, this strategy involves any joint effort between WMATA and the Licensee. WMATA will look favorably on a plan that promotes off-peak transit use. It should be clearly understood that WMATA's participation in any joint or cooperative marketing effort will be evaluated on a case-by-case basis over the term of the Parking Space License and no such participation is guaranteed under the Parking Space License. Page 6 of 17

8 The Licensee shall provide a prominent link on its web site home page to the WMATA web site. The Licensee s website must clearly state its policies for disabled members. m. Installation Plan and Schedule Within fifteen (15) calendar days of a fully executed Parking Space License, the Licensee shall submit an installation plan and schedule to WMATA for approval. WMATA will respond within fifteen (15) calendar days. If a Licensee does not install the signs and vehicles within five (15) working days of the installation date agreed upon by WMATA, that Parking Space will be made available to any other Licensees. n. Reporting The Licensee shall provide a quarterly report of vehicle usage, by Metrorail station, no later than the twentieth (20 th ) day of each applicable month for the previous quarter s usage. If a car-sharing vehicle is moved from any of the initial locations, the Licensee shall provide an updated master file to WMATA within five (5) business days of the location change. The new report should reflect the removal of the initial location and the addition of the new location, if it falls within the reporting area outlined above. On the fifteenth (15 th ) day of each month, the Licensee shall provide a report on the requests for and use of accessible vehicle(s) for the previous month. o. Evaluation Program The Licensee shall conduct a bi-annual survey in coordination with WMATA and the local jurisdictions. The exact timing of the survey will be determined later, but it will be done in conjunction with a region-wide car sharing survey in concert with the local jurisdictions. The survey should be provided to all of the Licensee s members and the results should be shared with WMATA both as analyzed results and raw data in spreadsheet form. p. WMATA Security WMATA Transit Police routinely observe WMATA property, including its parking lots and garages. WMATA shall not be held responsible for observing Licensee s vehicles and/or any security incidents regarding Licensee s vehicles. q. Equipment The Licensee is responsible, at its sole cost and expense, for all repair, replacement, and/or maintenance of Licensee-owned, contracted, rented, loaned, and/or otherwise acquired equipment. The Licensee is required to keep said equipment in good operating order and condition consistent with manufacturer s specifications and/or WMATA s requirements of safety, sanitation, and functionality. Page 7 of 17

9 r. Licensing Fee for WMATA The Licensee shall be responsible for timely payment to WMATA of the Licensing Fee. s. Removal Plan and Schedule Within sixty (60) calendar days prior to the expiration date of the Parking Space License, the Licensee shall submit a removal plan and schedule to WMATA for approval. WMATA will respond within fifteen (15) calendar days. All signs, posts, markings and other improvements made by the Licensee will be removed from the Parking Space and made as original no later than the Parking Space License expiration date. Licensee shall, in WMATA s sole and absolute discretion, re-install any signs removed by Licensee. C.4. Responsibilities of WMATA. a. Parking Facility WMATA will provide adequate ingress and egress to the Parking Spaces twentyfour (24) hours a day, seven (7) days a week. The Licensee will not be allowed to park in a WMATA-owned parking space, other than the assigned Parking Space, unless authorized in advance by WMATA. b. Space License Administration The Parking Space License shall provide notice requirements. The Licensee's designated account manager shall contact WMATA s designated contracting officer s technical representative (the COTR ), who will be the point of contact for coordination for access to, maintenance, signage, and other operations issues pertaining to the Licensee. c. Website Link WMATA shall provide a link on its web page to the Licensee s website and will provide a program description on its website. Some transit advertising space may be available to co-promote WMATA and the selected Licensee(s) over the duration of the Parking Space License. It should be clearly understood that WMATA's participation in any joint or cooperative marketing effort will be evaluated on a case-by-case basis over the license s term and no such participation is guaranteed under the Parking Space License. C.5. Restrictions Placed on the Licensee by WMATA. a. Use of Parking Spaces The Parking Spaces shall be used exclusively for the parking of car-sharing vehicles. Page 8 of 17

10 b. Renovations The Licensee shall not make any modifications to the Parking Spaces without prior written approval from WMATA. C.6. Rights of WMATA. a. Rights of WMATA Review and Inspect WMATA shall have the right to inspect the Parking Spaces, at any time, for inspections or other purposes. The Parking Spaces shall be returned to WMATA at the expiration of the Parking Space License term in a condition acceptable to WMATA (reasonable wear and tear excepted), as determined by the COTR. C.7. Indemnification. Licensee understands and agrees that it is Licensee s responsibility to provide indemnification to WMATA pursuant to the Parking Space License. The provision of insurance, while anticipated to provide a funding source for this indemnification, will be in addition to any indemnification requirements and the failure of insurance to fully fund any indemnification shall not relieve Licensee of any obligation assumed under the indemnification. If any WMATA-owned or controlled property is lost or damaged as a result of the Licensee's performance of work under the Parking Space License, the Licensee shall be responsible to WMATA for such loss or damage, and WMATA, at its option, may in lieu of payment thereof, require the Licensee to replace at its own expense, all property lost or damaged. The Licensee will give WMATA and the COTR written notice of any fire or other damage occurring to the Parking Spaces and a copy of all notices received by the Licensee of any claim for bodily injury occurring within/on WMATA property within twenty-four (24) hours of occurrence or receipt. Page 9 of 17

11 ATTACHMENT A: AMENDMENT ACKNOWLEDGMENT FORM I acknowledge that I have read all amendments that WMATA posted on its website after the issuance of the Invitation for Bids ( IFB ) and that I reviewed the website up until the IFB Deadline. Company Name: Address: Telephone Number: Signature of Authorized Individual Name Title Date Page 10 of 17

12 ATTACHMENT B: BID FORM Point of Contact: Company Name: Company Address: Telephone Number: BID PROPOSAL WMATA s Minimum Licensing Fee: One Hundred Dollars ($100.00) per space per month Bidder s Proposed Year 1 Licensing Fee: $ per space per month Bidder s Proposed Year 1 Total Payment: $ Bidder s Proposed Licensing Fee Escalations (optional): percent (%) per year Bidder s Proposed Licensing Fee for an Exclusive Agreement (optional): $ per space per year Bidder s Proposed Year 1 Total Payment for an Exclusive Agreement (optional): $ WMATA s Minimum License Term: One (1) year Bidder s Proposed License Term, including renewal periods: Does bidder propose changes to the Form of the Parking Space License? YES NO To propose changes to the Form of the Parking Space License, bidders will attach to this Bid Form their mark-ups to the Form of the Parking Space License. Bidder hereby acknowledges that should he/she be successful and WMATA deem the Bid an Acceptable Bid, the Bid offer is binding and cannot be withdrawn. Signature: Name: Title: Date: Page 11 of 17

13 ATTACHMENT C: METRORAIL STATIONS WITH NUMBER OF PARKING SPACES AVAILABLE FOR CAR-SHARING Metrorail Stations with Car-sharing Locations # of Available Car-sharing Spaces 1. Addison Road-Seat Pleasant 5 2. Anacostia 4 3. Benning Road 2 4. Bethesda 2 5. Braddock Road 4 6. Branch Avenue 6 7. Brookland-CUA 2 8. Capitol Heights 4 9. Cheverly College Park-UMD Congress Heights Deanwood Dunn Loring-Merrifield East Falls Church Forest Glen Fort Totten Franconia-Springfield Glenmont Greenbelt Grosvenor-Strathmore Huntington Medical Center Minnesota Avenue Landover Largo Town Center New Carrollton Rhode Island Avenue Morgan Boulevard Naylor Road Prince George s Plaza Silver Spring Potomac Ave Metro Rockville Shady Grove Takoma Southern Avenue Suitland Van Dorn Street Tenleytown-AU Twinbrook West Hyattsville Vienna/Fairfax/GMU West Falls Church Wheaton 4 TOTAL 183 Bidder's Desired # Spaces Page 12 of 17

14 ATTACHMENT D: METRORAIL STATIONS WITHOUT KISS & RIDE PARKING SPACES 1. Archives-Navy Memorial 2. Arlington Cemetery 3. Ballston-MU 4. Clarendon 5. Cleveland Park 6. Columbia Heights 7. Court House 8. Crystal City 9. Dupont Circle 10. Eastern Market 11. Eisenhower Avenue 12. Farragut North 13. Farragut West 14. Federal Center SW 15. Federal Triangle 16. Foggy Bottom-GWU 17. Friendship Heights 18. Gallery Pl-Chinatown 19. Georgia Ave-Petworth 20. Judiciary Square 21. L'Enfant Plaza 22. McPherson Square 23. Metro Center 24. Mt Vernon Sq 7th St-Convention Center 25. Navy Yard 26. New York Ave-Florida Ave-Gallaudet U 27. Pentagon 28. Pentagon City 29. Potomac Ave 30. Reagan Washington National Airport 31. Rosslyn 32. Shaw-Howard University 33. Smithsonian 34. Stadium-Armory 35. U Street/African-Amer Civil War Memorial/Cardozo 36. Union Station 37. Van Ness-UDC 38. Virginia Square-GMU 39. Waterfront-SEU 40. White Flint 41. Woodley Park-Zoo/Adams Morgan Page 13 of 17

15 ATTACHMENT E: MINIMUM REQUIRED INSURANCE, MINIMUM LIMITS OF INSURANCE INSURANCE TYPE LIMITS BASIS Workers Compensation Statutory Employers Liability $500,000 Each Accident $500,000 Disease Policy Limit $500,000 Disease Each Employee Commercial Liability General $1,000,000 Each Occurrence Limit $2,000,000 General Aggregate Limit $1,000,000 Products-Completed Operations Limit Business Auto Liability $1,000,000 Combined Single Limit I. MINIMUM REQUIRED INSURANCE: MINIMUM INSURANCE COVERAGES AND COVERAGE PROVISIONS A. Licensee is required to maintain the prescribed insurance outlined in this Attachment E during the entire period of performance under this Parking Space License. Licensee will not be allowed to begin the Project work until all required insurance has been approved by WMATA. B. The prescribed insurance coverage and limits of insurance are minimum required coverages and limits. Licensee is encouraged, at its sole cost and expense, to purchase any additional insurance coverages and or limits of insurance that Licensee deems prudent and necessary to manage risk in the completion of this Parking Space License. C. Upon written request from WMATA, Licensee shall provide copies of any requested insurance policies, including applicable endorsements, within five (5) business days of such request. D. Receipt, review or communications regarding certificates of insurance ( COI ), insurance policies, endorsements, or other materials utilized to document compliance with these Minimum Insurance Requirements does not constitute acceptance by WMATA. E. Insurance companies must be acceptable to WMATA and must have an A. M. Best rating of at least A- VII. F. Unless otherwise noted, Claims Made insurance policies are not acceptable. G. Any insurance policy utilizing a Self-Insured Retention ( SIR ) requires written approval from WMATA. Page 14 of 17

16 H. Licensee must incorporate these Minimum Insurance Requirements into the license requirements of all subcontractors of every tier; however, Licensee, at its sole peril, may amend these Minimum Insurance Requirements for its subcontractors, but doing so does not relieve Licensee from its respective liability to WMATA. I. Compliance with these Minimum Insurance Requirements does not relieve Licensee from Licensee s respective liability to WMATA, even if that liability exceeds the Minimum Insurance Requirements. II. COVERAGE-SPECIFIC REQUIREMENTS A. Commercial General Liability 1. Commercial General Liability ( CGL ) shall be written on ISO Occurrence Form CG0001 (12/04) or its equivalent. Equivalency determination shall be made in WMATA s sole and unreviewable discretion. 2. Required minimum limits of coverage may be achieved through a combination of the aforementioned CGL coverage form and an Umbrella/Excess Liability coverage form(s), provided that the Umbrella/Excess Liability coverage form(s) provides the same or broader coverage than the prescribed CGL coverage form. 3. Policy shall be endorsed with Additional Insured Endorsement(s) in compliance with the Additional Insured Section below. 4. Policy shall be endorsed with a Waiver of Subrogation Endorsement(s) in compliance with the Waiver of Subrogation section below. 5. Explosion, Collapse and Underground ( XCU ) activities shall be included. 6. Defense Costs (Allocated Loss Adjustment Expense) must be included and outside of the policy limits for all primary liability and Umbrella/Excess Liability policies. B. Business Auto Liability 1. Business Auto Liability insurance shall be written on ISO Business Auto Coverage Form CA , or its equivalent. Equivalency determination shall be made in WMATA s sole and unreviewable discretion. 2. Policy shall be endorsed with Additional Insured Endorsement(s) in compliance with the Additional Insured Section below. 3. Policy shall be endorsed with a Waiver of Subrogation Endorsement(s) in compliance with the Waiver of Subrogation section below. Page 15 of 17

17 4. Business Auto Liability minimum Combined Single Limit requirements may be obtained through the combination of a primary business auto liability policy and an Umbrella/Excess Liability policy provided that the Umbrella/Excess Liability policy complies with items 2 and 3 above. III. ADDITIONAL INSURED A. Licensee and subcontractors of every tier are required to add WMATA and WMATA Board of Directors as additional insured on all required insurance including excess liability policies with the exception of Workers Compensation and Professional Liability. B. Coverage provided to Additional Insured shall be primary and non-contributory to any other insurance available to the Additional Insured, including coverage afforded to WMATA as an additional insured by subcontractors and from other third parties. C. Coverage provided to any Additional Insured shall be for claims arising out of both ongoing operations and products and completed operations hazard. D. Coverage available to any Additional Insured under the products and completed operations hazard can only be limited to the applicable statute of repose in the jurisdiction(s) where the Work takes place. E. CGL and Umbrella/Excess Liability forms must provide defense coverage for additional insureds. The Additional Insured Endorsement shall provide coverage for Ongoing as well as Products and Completed Operations with no limitation on when claims can be made. IV. WAIVER OF SUBROGATION A. Licensee and subcontractors of every tier are required to have all insurance policies except Professional Liability endorsed to waive the respective insurance company s rights of recovery against WMATA and the WMATA Board of Directors. B. Waiver shall be provided on an endorsement that is acceptable to WMATA. V. CERTIFICATE OF INSURANCE A. Licensee shall provide WMATA an ACORD COI and copies of all required endorsements as evidence that the insurance requirements of this Section have been satisfied. COIs shall reference Car-sharing IFB in the Description of Operations box and be sent to WMATA. The Certificate Holder box should read: Washington Metropolitan Area Transit Authority Office of Insurance, Room 8F 600 Fifth Street, NW Washington, DC Page 16 of 17

18 B. Proposed material modifications to required insurance, including notice of cancellation, must be received by WMATA in writing at least thirty (30) days prior to the effective date of such change or cancellation. C. WMATA s receipt of copies of any COI, policy endorsements, or policies does not relieve Licensee of the obligation to remain in compliance with the requirements of this Section at all times. Licensee s failure to comply with these insurance requirements shall constitute a material breach of the Parking Space License. D. Receipt of the COI does not constitute acceptance of the insurance outlined above. Page 17 of 17