SA-02 - CFTOD Insurance Requirements REV 02.27.25.pdf

PDF 144 KB Posted

Attached to
Traffic Signals Replacement
Solicitation number
147530
Issued by
Polk County, Florida

About this file

This document is an Insurance Requirements form issued by the Central Florida Tourism Oversight District for contractors and consultants performing work on District contracts. The requirements establish mandatory insurance coverage that must be procured and maintained throughout the contract term and for specified periods following contract completion. All contractors and subcontractors are required to obtain Commercial General Liability Insurance with minimum combined single limits of $1,000,000 per occurrence on an occurrence basis, Automobile Liability coverage for all owned, non-owned, and hired vehicles with $1,000,000 minimum per occurrence, Workers' Compensation and Employer's Liability Insurance with $1,000,000 minimum per occurrence, and Umbrella Liability Insurance providing $1,000,000 excess coverage on a follow-form basis. The District must be named as Certificate Holder at the address provided and listed as an Additional Insured on a primary and non-contributory basis for all liability policies except Workers' Compensation and Professional Liability.

Specialized insurance requirements apply based on the nature of services provided. Contractors providing professional services including design, architectural, surveying, legal, financial, or accounting services must carry Professional Liability/Errors & Omissions insurance with $1,000,000 minimum per occurrence, maintained for two years post-completion. Those providing information technology software or services must obtain Cyber Liability Insurance with $1,000,000 minimum per occurrence or claim, covering intellectual property infringement, privacy violations, data theft, and network security breaches, including breach response and regulatory penalty coverage. Contractors using hazardous materials must secure Pollution Liability insurance with $1,000,000 minimum per occurrence. Crane operations require minimum Umbrella Liability of $4,000,000, and aircraft or drone use requires Owner-approved liability insurance. All insurance must be issued by companies authorized in Florida with AM Best financial strength ratings of A- or better. Policies must provide thirty days' prior written notice of cancellation or reduction to the District, and contractors must waive subrogation rights against the District and cooperate fully in claims adjustment and litigation.

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Text version

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 pwheatley Text Box

SA-02

oversightdistrict.org

CENTRAL FLORIDA TOURISM OVERSIGHT DISTRICT

INSURANCE REQUIREMENTS

REV 02/27/2025

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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