CONTRACTS (INSURANCE REQUIREMENTS)

Insurance Coverage:

Contractors, sub contractors, design builders, sub design builders, architects, sub architects, engineers, sub engineers, consultants, sub consultants, service providers, vendors, and any other party performing work (Hereafter referred to as contractors) are required to carry insurance by the Board of Regents of the Nevada System of Higher Education on behalf of the University of Nevada Las Vegas/College of Southern Nevada/Nevada State College shall, at its sole expense, procure, maintain, and keep in force for the duration of the contract, service or event and shall maintain the following insurance coverage conforming to the minimum requirements specified below unless a change is specifically agreed to by Risk Management & Safety Department. The required insurance shall be in effect on or prior to the commencement of work services or event etc. by contractors and shall continue in force as appropriate until the latter of:

• Final acceptance or
• Such time as the insurance is no longer required under the terms of this contract.

Limits of Liability: Required limits of liability may vary depending on the extent of services provided by the contractors performing the work. Contact NSHE Business Center South / UNLV Risk Management & Safety Department should you have any questions regarding required limits of liability.

Type of Coverage:

Commercial General Liability:

Construction Projects

Coverage:

• Must be on a per occurrence basis,
• Shall be at least as broad as Insurance Services Office (ISO) form CG 00 01 10 01 and shall cover liability arising from premises, operations, independent contractors, completed operations, personal injury, products, and liability assumed under contract.

1) For construction contracts up to $1,000,000 the limits of liability required will be: $1,000,000 per occurrence and $2,000,000 aggregate

2) For construction contracts between $1,000,001 and up to $5,000,000 the limits of liability required will be:

Primary - $1,000,000 per occurrence and $2,000,000 aggregate
Excess - $5,000,000 per occurrence / aggregate and must be project specific.

3) For construction contracts exceeding $5,000,000 the limits of liability required will be:

Primary - $1,000,000 per occurrence and $2,000,000 aggregate
Excess - $10,000,000 per occurrence / aggregate and must be project specific.

Service Projects

1) For service contracts up to $1,000,000 the limits of liability required will be: $1,000,000 per occurrence and $2,000,000 aggregate

2) For service contracts between $1,000,001 and up to $5,000,000 the limits of liability required will be:

Primary - $1,000,000 per occurrence and $2,000,000 aggregate
Excess - $5,000,000 per occurrence / aggregate and must be project specific.

3) For service contracts exceeding $5,000,000 the limits of liability required will be:

Primary - $1,000,000 per occurrence and $2,000,000 aggregate
Excess - $10,000,000 per occurrence / aggregate and must be project specific.

Automobile Liability:

For construction and service projects not exceeding $1,000,000 the minimum limit of liability required will be a Combined Single Limit (CSL) of $500,000 per occurrence. For construction projects exceeding $1,000,000 the minimum limit of liability required will be a Combined Single Limit (CSL) of $1,000,000 per occurrence. In some cases the limits requested may be less. Coverage shall include owned, non-owned, and hired vehicles and be written on ISO form CA 00 01 10 01 or a substitute providing equal or broader liability coverage.

Worker's Compensation Statutory Coverage:

Employers Liability Limits shall be at least $100,000 per occurrence and for occupational disease. Workers' Compensation is required by law for anyone with employees. Sole proprietors and corporate officers can waive coverage with mandatory affidavit available from NSHE Business Center South / UNLV Risk Management & Safety Department. All contractors providing services shall provide proof of Workers' Compensation insurance as required by NRS 616B.627 or proof that compliance with the provisions of Nevada Revised Statutes, Chapter 616A-D and all other related chapters, is not required.

Pollution Liability:

If applicable, the minimum limit of liability required will be $5,000,000 per occurrence/ aggregate if this coverage is required.

Builders Risk/Property Insurance

If applicable, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s risk “all-risk” or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project.

Property insurance shall be on an “all-risk” or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, false work, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services and expenses required as a result of such insured loss.

If the property insurance requires deductibles, the Contractor shall pay costs not covered because of such deductibles.

This builders risk / property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit.

Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance.

Boiler and Machinery Insurance:

The Contractor shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the work.

Loss of Use Insurance:

The Contractor must purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused.

Professional Liability:

If applicable, the limit of liability will be based on construction cost:

• Retroactive date must be prior to commencement of the performance of this contract.
• The discovery period is to be three (3) years after termination date of contract. A thirty six month (36) Supplemental Extended Reporting Period must be endorsed to the insurance policy.

Excess Liability Insurance:

• May be used to achieve the above minimum liability limits.
• Shall be endorsed to state it is as broad as primary policies.

Deductibles and Self-Insured Retentions:

Insurance maintained by contractors shall apply on a first dollar basis without application of a deductible or self-insured retention and shall not exceed $5,000.00 per occurrence unless otherwise specifically agreed to by the NSHE Business Center South / UNLV Risk Management & Safety Department.Such approval shall not relieve contractors from the obligation to pay any deductible or self-insured retention.

Other Requirements

• The Board of Regents of the Nevada System of Higher Education on behalf of UNLV/CSN/NSC must be named as an Additional Named Insured on all primary and excess General Liability policies affording the broadest possible coverage.
• Subrogation must be waived against the Board of Regents of the Nevada System of Higher Education on behalf of UNLV/CSN/NSC.
• Parties contracting directly with NSHE must have their policy endorsed to reflect that their insurance coverage is primary over any other applicable insurance coverage available.
• Any insurance or self-insurance available to the Board of Regents of the Nevada System of Higher Education on behalf of UNLV/CSN/NSC shall be in excess of and non-contributing with any insurance required.
• Loss Payee. The Board of Regents of the Nevada System of Higher Education on behalf of UNLV/CSN/NSC shall be named as loss payee as respects their interest in any property that the contractors have an obligation to insure on behalf of the Board of Regents of the Nevada System of Higher Education on behalf of UNLV/CSN/NSC.
• Policy Cancellation Endorsement: Except for ten (10) days notice for non-payment of premium, each insurance policy shall be endorsed to specify that without sixty (60) days prior written notice to the NSHE Business Center South / UNLV Risk Management & Safety Department the policy shall not be canceled, non-renewed, or coverage and/or limits reduced or materially altered, and shall provide that notices required by this paragraph shall be sent by certified mail to the NSHE Business Center South / UNLV Risk Management & Safety Department. A copy of this signed endorsement must be attached to the Certificate of Insurance.
• Each insurance policy shall be:

1. Issued by insurance companies authorized to do business in the State of Nevada or eligible surplus lines insurers acceptable to the State and having agents in Nevada upon whom service of process may be made, and
2. Currently rated by A.M. Best as A - lX or better.

Until such time as the insurance is no longer required by the Board of Regents of the Nevada System of Higher Education on behalf of UNLV/CSN/NSC, contractors shall provide UNLV/CSN/NSC with renewal or replacement evidence of insurance no less than thirty (30) days before the expiration or replacement of the required insurance. If at any time during the period when insurance is required by the contract, an insurer or surety shall fail to comply with the requirements of this contract, as soon as contractors have knowledge of any such failure contractors shall immediately notify the NSHE Business Center South / UNLV Risk Management & Safety Department and immediately replace such insurance or bond with insurance or bond meeting the contract's requirements.

Approved Insurer:

Evidence of Insurance - Prior to the start of any work the contractors must provide the following documents to the Board of Regents of the Nevada System of Higher Education on behalf of UNLV/CSN/NSC:

• Certificate of Insurance: The Accord 25 Certification of Insurance form or a form substantially similar must be submitted to the NSHE Business Center South / UNLV Risk Management & Safety Departmentto evidence the insurance policies and coverage required of contractors.
• Additional Insured Endorsements: Original Additional Insured Endorsement(s) signed by an authorized insurance company representative(s).
• Policy Cancellation Endorsement.
• Waiver of Subrogation endorsement.
• Endorsement reflecting the contractors insurance is primary over any other applicable insurance.
• Loss Payee Endorsement.

Last update: April 09, 2009