INSURANCE SCHEDULE~2.pdf

ATTACHMENT D – INSURANCE SCHEDULE FOR RFP 70CNR-S1852

INSURANCE REQUIREMENTS:

CONCESSIONAIRE shall, at its sole expense, procure, maintain, and keep in force for the duration of the lease agreement insurance conforming to the minimum requirements specified below. Unless specified herein or otherwise agreed to by PARKS, the required insurance shall be in effect prior to any set-up or initiation of operations by or for CONCESSIONAIRE and shall remain in force until the completion of operations at the conclusion of the season or no sooner than the final exit of all CONCESSIONAIRE employees and agents. CONCESSIONAIRE shall provide PARKS 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 lease agreement an insurer or surety shall fail to comply with the requirements of this lease agreement, as soon as CONCESSIONAIRE has knowledge of any such failure the CONCESSIONAIRE shall immediately notify PARKS and immediately replace with an insurer meeting these requirements.

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. Commercial General Marine Liability – Occurrence Form

Policy shall include bodily injury, property damage and broad form contractual liability coverage including protection and indemnity / watercraft liability and landing dock liability.

General Aggregate $2,000,000 Each Occurrence $1,000,000

a. The policy shall be endorsed to include pollution liability for accidental release of fuels and other pollutants within both waterways and shoreline.

The policy shall be endorsed to include the following additional insured language: "The State of Nevada shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor".

2. Excess Liability

Occurrence/General Aggregate $4,000,000

a. The policy shall be endorsed to include the following additional insured language: "The State of Nevada shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor".

3. Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000

a. The policy shall be endorsed to include the following additional insured language: "The

State of Nevada shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including automobiles owned, leased, hired or borrowed by the Contractor".

4. Worker's Compensation (including USL&H) and Employers' Liability

Workers' Compensation (State/Federal) Statutory Employers' Liability

Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000

a. Policy shall contain a waiver of subrogation against the State of Nevada.

b. If dock or operator is located on navigable waterways, then policy shall be endorsed to include coverage as outlined in the United States Longshore and Harbor Workers Act.

b. This requirement shall not apply when a contractor or subcontractor is exempt under

N.R.S., AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.

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.

2. The 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 Parks, Kim Copeland; copeland@parks.nv.gov). 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 (to (State Parks, Kim Copeland;

copeland@parks.nv.gov). 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.

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.

ATTACHMENT D – INSURANCE SCHEDULE FOR RFP 70CNR-S1852