74BAI-S3305 Insurance Requirement~1.docx

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Attached to
RFQ - Alternative Dispute Resolution Referee/Arbitrator Panel
Solicitation number
74BAI-S3305
Issued by
Nevada

About this file

This is an insurance requirements attachment for Nevada State Purchasing Division's Alternative Dispute Resolution Referee/Arbitrator Panel contract (RFP 74BAI-S3305). The attachment outlines mandatory insurance coverage that contractors and subcontractors must procure and maintain throughout contract performance and all warranty periods. Contractors must obtain Worker's Compensation coverage with statutory limits, Employers' Liability coverage with limits of $100,000 per accident and $500,000 policy limit for disease claims, and Professional Liability (Errors and Omissions) insurance with limits of $1,000,000 per claim and $2,000,000 annual aggregate. All insurance policies must be placed with insurers licensed in Nevada and rated A-VII or better by A.M. Best. Certificates of insurance in ACORD form or equivalent must be submitted and approved by the State before work commences and maintained for the duration of the project. Insurance policies must remain primary and non-contributory, include the State of Nevada as an additional insured to full limits purchased, and include 30-day cancellation notice provisions (10 days for non-payment of premium).

Additional requirements specify that subcontractors must be included as additional insureds under the contractor's policies or provide separate certificates, and that any modification to insurance requirements must be approved by the Attorney General's Office or Risk Manager. Professional liability policies written on a claims-made basis must include retroactive dates preceding the contract effective date and either maintain continuous coverage or exercise extended discovery periods for two years after contract completion. The State reserves the right to require complete certified copies of all insurance policies at any time. Failure to maintain required insurance coverage or provide evidence of renewal constitutes material breach of contract. All certificate submissions must reference the State project/contract number and be sent directly to the designated State Department representative, and under no circumstances should certificates be sent to the State's Risk Management Division.

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Text version

ALTERNATIVE DISPUTE PROGRAM

ATTACHMENT BB

CERTIFIED

REFEREE OR ARBITRATION

INSURANCE REQUIREMENTS:

Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this contract by the Contractor, his agents, representatives, employees or subcontractors and Contractor is free to purchase additional insurance as may be determined necessary.

A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

1) Worker's Compensation and Employers' Liability

Workers' CompensationStatutory
Employers' Liability
Each Accident$100,000
Disease – Each Employee$100,000
Disease – Policy Limit$500,000
a.Policy shall contain a waiver of subrogation against the State of Nevada.
b.This requirement shall not apply when a contractor or subcontractor is exempt under N.R.S., AND when such a contractor or subcontractor executes the appropriate sole proprietor waiver form. See form located at the following: (https://risk.nv.gov/uploadedFiles/risknvgov/content/Contracts/AffidavitOfRejectionOfCoverage.pdf )

2) Professional Liability (Errors and Omissions Liability)

The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract.
Each Claim$1,000,000
Annual Aggregate$2,000,000
a.In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.
B.ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed to include, the following provisions:
1.On insurance policies where the State of Nevada is named as an additional insured, the State of Nevada shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract.
2The Contractor's insurance coverage shall be primary insurance and non-contributory with respect to all other available sources.

C. NOTICE OF CANCELLATION: Contractor shall for each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided or canceled except after providing thirty (30) days prior written notice been given to the State, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to (State of Nevada Representative's Name & Address). Should contractor fail to provide State timely notice, contractor will be considered in breach and subject to cure provisions set forth within this contract.

D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Nevada and with an “A.M. Best” rating of not less than A-VII. The State in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

E. VERIFICATION OF COVERAGE: Contractor shall furnish the State with certificates of insurance (ACORD form or equivalent approved by the State) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

All certificates and any required endorsements are to be received and approved by the State before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.

All certificates required by this Contract shall be sent directly to (State Department Representative's Name and Address). The State project/contract number and project description shall be noted on the certificate of insurance. The State reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATES RISK MANAGEMENT DIVISION.

F. SUBCONTRACTORS: Contractors’ certificate(s) shall include all subcontractors as additional insureds under its policies or Contractor shall furnish to the State separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.

G. APPROVAL: Any modification or variation from the insurance requirements in this Contract shall be made by the Attorney General’s Office or the Risk Manager, whose decision shall be final. Such action will not require a formal Contract amendment but may be made by administrative action.

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