All work performed on or in City property, or under contract with the City, shall require insurance coverage as hereinafter provided, not including, however, work performed by the following agencies (who shall give an indemnification bond to the Director of Service or an agreement in lieu thereof): public utilities; work authorized or performed by the Division of Water and Heat of the City of Cleveland; or work performed by the direct work force of the City, County or State. A contractor shall not commence any work in the City until he has obtained all insurance specified herein and such insurance has been approved by the Director of Service, nor shall any subcontractor commence work on his or her subcontract until all insurance required of him or her as hereinafter specified has been obtained and approved by and filed with the Director of Service.
(a) Compensation Insurance. A contractor shall take out and maintain during the life of the contract, Workers' Compensation Insurance for all of his or her employees employed at the site of the project. If any work is sublet, the subcontractor similarly shall provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the contractor.
Such insurance shall be evidenced by a certificate from the Industrial Commission of Ohio that the contractor has complied with each and every condition of Ohio R.C. Chapter 4123, Workers' Compensation.
(b) Public Liability and Property Damage Insurance for Contractors and Developers. The contractor or developer shall take out and maintain during the work such public liability and property damage insurance as shall protect him or her from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under his or her contract, whether such operations are by himself or herself or by any subcontractor, or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows:
(1) Public liability insurance in the amount of two hundred thousand dollars ($200,000) for injuries, including accidental death, to any one person, and in the amount of five hundred thousand dollars ($500,000) for injuries, including accidental death, to more than one person in any one accident; and
(2) Property damage insurance in the amount of fifty thousand dollars ($50,000) on account of any one accident and in a total amount of one hundred thousand dollars ($100,000) for all accidents occurring during the policy period.
The City shall be named as an additional insured on all policies required under this subsection.
(c) Public Liability and Property Damage Insurance for City. A contractor or developer shall take out and maintain public liability insurance insuring the City against any and all claims for personal injuries (including accidental death) and property damage arising out of the performance of the work, whether by the contractor, developer, subcontractor or any one directly or indirectly employed by either of them. The insurance policy shall provide insurance coverage for the City against such respective liabilities in like amounts as set forth under subsection (b) hereof.
The City's insurance coverage hereunder shall be owner, landlord and tenant liability insurance and contractual, and in the case of its building, completed operations insurance for a period of two years after completion, all of which insurance shall be issued by the same insurance firm, if possible.
(d) Public Liability and Property Damage Insurance for Contractors and Subcontractors.
(1) Any and all expenses incident to the furnishing of all insurance required of a contractor, as well as the legally required performance bond, shall be borne by the contractor and shall be included in his or her unit or lump sum price bid for the various items in the contract.
(2) Each subcontractor is required to take out and maintain during the life of such subcontract such public liability and property damage insurance as shall protect such subcontractor from claims for damages for personal injury, including accidental death, as well as claims for property damages, which may arise from operations under any such subcontract. Such insurance shall be in such amounts as may be determined by the contractor with the approval of the Director of Service.
(3) All policies of insurance required by this section shall be in reliable and solvent insurance companies authorized to do business in the State and subject to approval by the Director of Law.
(Ord. 1964-150. Passed 6-16-65.)