Article II.

Public Right-of-Way Insurance Requirements

MINIMUM SCOPE OF INSURANCE

An applicant for permit(s) to do work within the public right-of-way may establish satisfactory proof of liability insurance in the following manner:

 1.         Contractors
Contractors must furnish the City with a certificate of liability insurance, which meets the requirements set forth in Article I and any other City requirements contained in this policy.

2.         Property or Homeowners
Homeowners/Property owners requesting a permit to do work within the City rights-of-way or easements immediately adjacent to their respective owned or occupied property, solely for the owner’s personal benefit, shall be required to furnish the City with a copy of their homeowner’s/property owner’s liability insurance policy, which meets the requirements set forth in Article I, above, but with the minimum limits described in subsection (3) below. The policy must be effective during the entire period of the proposed work, plus two calendar years, and must provide coverage for claims arising from the work performed, or improvements owned, by the homeowner in the right-of-way or easement. If the encroachment is ongoing, annual proof of insurance shall be required. The requirements to name the City as an additional insured, and the requirement for a policy for two additional calendar years, may each be waived by the City Council or the City Manager or designee in cases of extreme hardship, in their discretion.

3.         Property Owner / Small Business Limits
A combined single limit policy with aggregate limits in the amount of $250,000 for homeowners insurance or $500,000 for commercial general liability insurance for small businesses owners (two or fewer employees), in either event only where the insurance is required for work in the public right-of-way.

 Pollution Exclusion

Applications for the installation of monitoring wells for the evaluation of groundwater pollution or for the discharge of formerly polluted groundwater into the City sewer system must be accompanied by a certificate of liability insurance provided by the property owner. Such liability insurance may not contain a pollution exclusion clause and must explicitly indemnify the City against all hazards which may result from either of these activities, including a worsening of pollution, either within the subsurface adjacent to the original pollution or within the City sewer system.

If the property owner is unable to provide insurance which addresses both general liability and pollution liability, the environmental company or other appropriately qualified entity contracting with the property owner for either monitoring well installation or groundwater pollution remediation, may furnish pollution liability insurance on behalf of the property owner.

Any insurance approved under this subsection shall be an occurrence policy, and shall otherwise comply with the provisions of this Policy.

Public Utilities

This policy as it relates to work in the public right-of-way shall not be applicable to Cable TV, Helix Water District, Padre Dam Municipal Water Authority, San Diego Gas & Electric, or any other public utility.

Transportation/Oversize Loads – Permits

See Chapter 10.24 of the El Cajon Municipal Code.