CFTOD Insurance Requirements v. 12.25.pdf

PDF 2 MB Posted

Attached to
Structural/Mechanical Engineering Continuing Services
Solicitation number
141468
Issued by
Polk County, Florida

About this file

This is an Insurance Requirements document issued by the Central Florida Tourism Oversight District that establishes mandatory insurance coverage and indemnification requirements for all contractors and consultants engaged by the District. The document outlines comprehensive insurance obligations applicable to the structural and mechanical engineering continuing services contract, with coverage requirements designed to protect the District from liability and operational risks. Contractors must maintain Commercial General Liability Insurance with minimum combined single limits of $1,000,000 per occurrence, Automobile Liability coverage of $1,000,000 per occurrence for all vehicles, Workers' Compensation and Employer's Liability Insurance with minimum limits of $1,000,000 per occurrence, and Umbrella Liability coverage of at least $1,000,000 per occurrence on a follow-form basis. For the engineering services specified in the related contract opportunity, contractors must obtain Professional Liability/Errors & Omissions insurance with minimum limits of $1,000,000 per occurrence, maintained on a claims-made basis with retroactive coverage dating to the first date of work and continuing for two years following contract conclusion. All insurance policies must be issued by AM Best A- rated or equivalent carriers authorized to conduct business in Florida, with the Central Florida Tourism Oversight District listed as Certificate Holder at P.O. Box 690519, Orlando, FL 32869-0519, and vendors@oversightdistrict.org.

Additional insurance requirements apply based on scope specifics: Cyber Liability Insurance of at least $1,000,000 per occurrence if information technology services are provided; Pollution Liability Insurance of $1,000,000 per occurrence if hazardous materials are involved; and total Umbrella Liability of $4,000,000 if crane operations are utilized. All liability policies except Workers' Compensation and Professional Liability must schedule the District and its affiliated entities, supervisors, officers, employees, agents, and assigns as Additional Insureds on a primary and non-contributory basis. Contractors must waive subrogation rights against the District and cooperate fully in claims adjustment and litigation. All insurance must provide thirty days' unrestricted prior written notice before cancellation or material reduction in coverage. The contractor bears full responsibility for loss, damage, or theft of its own equipment, machinery, tools, and property. The indemnification clause requires contractors to indemnify the District against claims, damages, and expenses arising from contractor negligence, recklessness, or intentional misconduct, including any failure to perform work in strict compliance with contract documents, with indemnification obligations surviving contract expiration or termination.

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CENTRAL FLORIDA TOURISM OVERSIGHT DISTRICT

INSURANCE REQUIREMENTS

INSURANCE; INDEMNIFICATION.

A. The Contractor/Consultant shall at its expense procure and maintain during the life of this Contract and shall require the same from its Subcontractors and Sub-subcontractors the following types and minimum amounts of insurance:

Certificate Holder:

Central Florida Tourism Oversight District c/o Procurement & Contracting Dept.

P.O. Box 690519 Orlando, FL 32869-0519 Email: vendors@oversightdistrict.org

i. Commercial General Liability Insurance including liability assumed under written contract, bodily injury, property damage, personal and advertising injury, and products/completed operations liability written on an occurrence basis with minimum combined single limits for bodily injury and property damage of $1,000,000 per occurrence. This coverage must be maintained for two (2) years after contract expiration;

ii. Automobile Liability coverage for all owned, non-owned and hired vehicles written on an occurrence basis, with minimum combined single limits of $1,000,000 per occurrence;

iii. Workers’ Compensation Insurance providing statutory benefits and Employer’s Liability Insurance with minimum limits of $1,000,000 per occurrence;

iv. Umbrella Liability on a follow-form basis providing coverage excess of the underlying policies required by i, ii, and iii above in an amount of at least $1,000,000 per occurrence;

v. If Consultant is providing any kind of professional service or advice including design, architectural, surveying, legal, financial, accounting or similar, then Consultant will also carry Professional Liability/Errors & Omissions insurance with a limit of at least $1,000,000 per occurrence. This insurance may be on a claims-made form if there is a retroactive date that precedes the first date of work or services under this agreement and is maintained for at least two (2) years following the conclusion of work.

vi. If Contractor is providing information technology software or services, then Contractor will also carry Cyber Liability Insurance with limits not less than $1,000,000 per occurrence or claim.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant and shall include, but not limited to, claims involving infringement of intellectual property, infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

vii. If Contractor is using, transporting or disposing of any hazardous materials, potentially harmful materials, chemicals, waste or similar then Contractor will also carry Pollution Liability insurance with a limit of at least $1,000,000 per occurrence. This insurance may be on a claims-made form if there is a retroactive date that precedes the first date of work or services under this agreement and is maintained for at least two (2) years following the conclusion of work.

mailto:vendors@oversightdistrict.org oversightdistrict.org

CENTRAL FLORIDA TOURISM OVERSIGHT DISTRICT

INSURANCE REQUIREMENTS

REV 12/2025

viii. If work will include the use or operation of any crane, total limit of Umbrella liability insurance will be at least $4 million.

ix. If Contractor is using any kind of aircraft including unmanned aerial vehicles (drones) then use must be approved by Owner and liability insurance satisfactory to Owner must be obtained.

x. Contractor is not required to commercially insure its owned, rented or borrowed machinery, tools, equipment, office trailers, vehicles, and other property but agrees that Owner is not responsible for and Contractor holds Owner harmless for loss, damage or theft of such items.

B. All insurance required under this Article shall be with companies and on forms authorized to issue insurance in Florida and with an insurer financial strength rating from AM Best of no less than A- or an equivalent rating from a similar, recognized ratings agency unless such requirements are waived, in writing, by the Owner’s Risk Manager. Certificates of insurance (or copies of policies, if required by the Owner) shall be furnished to the Owner.

C. CANCELLATION. All such insurance required by this Article shall provide that the coverage thereunder may not be reduced or canceled unless thirty (30) days unrestricted prior written notice thereof is furnished to Contractor, who agrees to promptly relay any such notice received to Owner.

D. ADDITIONAL INSUREDS. Each liability policy required herein (except Workers’ Compensation or Professional Liability) shall schedule as Additional Insureds, on a primary and non-contributory basis, the Owner and its affiliated entities and their supervisors, officers, employees, agents and assigns.

E. WAIVERS. The Contractor hereby waives, and will require its Subcontractors and Sub-subcontractors to waive and to require its and their insurers to waive their rights of recovery or subrogation against the Owner and its affiliated entities, supervisors, officers, employees, agents and assigns.

F. CLAIMS. The Contractor and its Subcontractors and Sub-subcontractors shall assist and cooperate in every manner possible in connection with the adjustment of all claims arising out of the operations conducted under or in connection with the Work and shall cooperate with the insurance carrier or carriers of the Owner and of the Contractor, its Subcontractors and Sub-subcontractors in all litigated claims and demands which arise out of said operations and which the said insurance carrier or carriers are called upon to adjust or resist.

G. INDEMNIFICATION. The Contractor/Consultant shall indemnify the Owner from and against any claims, suits, judgments, damages, losses and expenses (including attorneys' fees) to the extent caused by the negligence, recklessness or intentional wrongful misconduct (which includes any failure of the Contractor/Consultant or any of its Subcontractors or Sub-subcontractors to perform and complete the Work in strict compliance with the Contract Documents, unless such failure has been specifically waived by the Owner in writing upon final acceptance of the Work) of the Contractor/Consultant or any persons employed or utilized by the Contractor/Consultant in the performance of the Contract, including any Subcontractor or Sub-subcontractor (or their employees), utilized by the Contractor/Consultant in the performance of the Work. The provisions of this paragraph shall survive the expiration or sooner termination of this Agreement.

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