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- About / Limits of Liability
- Commercial General Liability
- Automobile Liability
- Workers' Compensation Statutory Coverage
- Pollution Liability
- Builders Risk/Property Insurance
- Boiler and Machinery Insurance
- Professional Liability
- Crime Insurance
- Excess/Umbrella Liability Insurance
- Deductibles and Self-Insured Retentions
- Additional Insured Requirements
- Waiver Subrogation
- Policy Cancellation/Change in Policies and Conditions Notifications
- Primary Policy
- Loss Policy
- Insurer Requirements
- Evidence of Insurance Requirements
About
The Nevada System of Higher Education on behalf of the University of Nevada Las Vegas (UNLV)/College of Southern Nevada (CSN)/Nevada State College (NSC) (hereafter referred to as Owner) requires 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 Contractor) 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 NSHE Business Center South/Risk Management & Safety Department.
Consultants should contact the Risk Management & Safety Department regarding insurance coverage requirements. The required insurance shall be in effect on or prior to the commencement of work services or event by Contractor 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 Contractor performing the work. Contact NSHE Business Center South/UNLV Risk Management & Safety Department should you have any questions regarding required limits of liability.
Commercial General Liability
Construction Projects
- Must be on a per-occurrence basis.
- Shall be at least as broad as Insurance Services Office (ISO) form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, completed operations, personal injury, products, and liability assumed under contract.
- 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.
- 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/Umbrella- $5,000,000 per occurrence/aggregate.
- 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/Umbrella- $10,000,000 per occurrence/aggregate.
Service Projects
- 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.
- 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/Umbrella- $5,000,000 per occurrence/aggregate.
- 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/Umbrella- $10,000,000 per occurrence/aggregate.
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 13 or a substitute providing equal or broader liability coverage.
Workers' 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. Contractor 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.
Cyber Coverage
The requirements in Information Technology Agreements shall include insurance and indemnification clauses and must be approved by the institutions Risk Manager for insurance and General Counsel’s Office for indemnification requirements. The minimum insurance limits required shall include:
Technology Errors and Omissions Liability
- $5,000,000 Each Claim
- $5,000,000 Annual Aggregate
- The retroactive coverage date shall be no later than the effective date of the contract.
- Contractor shall maintain an extended reporting period for not less than two (2) years after termination of this contract.
Network Security (Cyber) and Privacy Liability
- $5,000,000 Each Claim, $5,000,000 Annual Aggregate
- This errors and omissions insurance shall include coverage for third party claims and losses including with respect to network risks (such as data breaches, transmission of virus/malicious code; unauthorized access or criminal use of third party, ID/data theft) and invasion of privacy regardless of the type of media involved in the loss of private information (such as computers, paper files and records, or voice recorded tapes), covering collection, use, access, etc. of personally identifiable information, direct liability, as well as contractual liability for violation of privacy policy, civil suits and sublimit for regulatory defense/indemnity for payment of fines and penalties.
- The retroactive coverage date shall be no later than the effective date of the contract.
- Contractor shall maintain an extended reporting period for not less than two (2) years after termination of this contract.
Fidelity Bond or Crime Insurance
- $1,000,000 Bond or Policy Limit
- The bond or policy shall include coverage for all directors, officers, agents and employees of the Contractor.
- The bond or policy shall include coverage for third party fidelity and name the Nevada System of Higher Education as loss payee.
- The bond or policy shall include coverage for extended theft and mysterious disappearance.
- The bond or policy shall not contain a condition requiring an arrest and conviction.
- Policies shall be endorsed to provide coverage for computer crime/fraud.
Pollution Liability
If applicable, the minimum limit of liability insurance required will be $5,000,000 per occurrence/aggregate.
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 "special perils" 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 this contract or until no person or entity other than the Owner has an insurable interest in the property required 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 "special perils" 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 this contract 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 the 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.
Professional Liability
If applicable, the limit of liability will be based on construction cost or on the extent of services:
Project Size (based on construction cost) | Limit of Liability |
---|---|
$1 - $1,000,000 | $250,000 |
$1,000,000 (+) - $3,000,000 | $1,000,000 |
$3,000,000 (+) - $10,000,000 | $3,000,000 Project Specific per claim/aggregate |
$10,000,000 (+) | $5,000,000 Project Specific per claim/aggregate |
- 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. The three (3) year Supplemental Extended Reporting Period must be endorsed to the insurance policy.
- The Owner shall not be added as an additional insured on contractor's professional insurance policies.
Crime Insurance
Contractor shall purchase crime insurance when handling Owner's money, securities, or other property. The insurance policy shall provide coverage for employee theft, forgery or alteration, burglary, computer fraud, counterfeit, funds transfer fraud or any other similar risk covered by most crime insurance policies. The limit shall be a minimum of $1,000,000.
Excess/Umbrella 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 Contractor shall apply on a first dollar basis without application of a deductible or self-insured retention and shall not exceed $5,000 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.
Additional Insured Requirements
The Owner must be named as an Additional Insured on all primary and excess/umbrella liability policies (excluding professional liability) affording the broadest possible coverage. Endorsements shall be submitted to allow blanket addition as required by contract or individualized endorsement naming the Owner as an additional insured.
Waiver of Subrogation
Liability and workers' compensation policies shall provide a waiver of subrogation against the Nevada System of Higher Education.
Policy Cancellation/Change in Policies and Conditions Notifications
Contractor shall:
- Specify that the policies cannot be canceled, non-renewed, coverage, and/or limits reduced or coverage materially altered that can effect Owner without sixty (60) days prior written notice to Owner and the notices required by this paragraph shall be sent by certified mail to Owner.
- Contractor shall send to the Owner a facsimile copy of the policy cancellation and/or change of policy and conditions notice in this paragraph to the Owner within three (3) business days upon their receipt.
Until such time as the insurance is no longer required by the Owner, Contractor shall provide Owner 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 this contract, an insurer or surety shall fail to comply with the requirements of this contract, as soon as Contractor has knowledge of any such failure Contractor shall immediately notify Owner and immediately replace such insurance or bond with insurance or bond meeting the contract's requirements.
Primary Policy
Parties contracting directly with the Owner 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 Owner shall be in excess of and non-contributing with any insurance required.
Loss Policy
The Owner shall be named as loss payee as respects their interest in any property that the Contractor has an obligation to insure on behalf of the Owner.
Insurer Requirements
Each Contractor shall have their insurance policies be:
- Issued by insurance companies authorized to do business in the state of Nevada or eligible surplus line insurers acceptable to the State and having agents in the state of Nevada upon whom service of process may be made, and
- Currently rated A.M. Best as A - IX or better.
Evidence of Insurance Requirements
Prior to the start of any work, the Contractor must provide the following documents to Owner:
- Certificate of Insurance: The ACORD 25 Certificate of Insurance form or a form substantially similar must be submitted to the Owner to show evidence the insurance policies and coverage required of the Contractor.
- Additional Insured Endorsement: Original Additional Insured Endorsement(s) signed by an authorized insurance company representative(s).
- Waiver of Subrogation Endorsement
- Endorsement reflecting Contractor insurance policies are primary over any other applicable insurance.
- Loss Payee Endorsement.