Insurance Requirements for Excavations in the Public Right-of-Way
San Diego Municipal Code § 62.1215
in effect§62.1215 Insurance Requirements for Excavations in the Public Right-of-Way
To the extent permissible by law, excavators shall maintain in full force and effect, throughout the term of the Public Right-of-Way Permit, an insurance policy or policies, at their sole cost and expense, to provide coverage against claims for loss, including injuries to persons or damage to property, which may arise out of or in connection with the performance of the work by the excavator or its contractors issued by an insurance company or companies covering all operations, vehicles, and employees as follows:
(a) Commercial general liability insurance shall be written on the current version of the ISO Occurrence form CG 00 01 07 98 or an equivalent form providing coverage at least as broad. The policy shall cover liability arising from premises and operations, XCU (explosions, collapse, and underground), independent contractors, products/completed operations, personal injury and advertising injury, bodily injury, and property damage. All costs should be outside of policy limits. Policy coverage shall be in liability limits of not less than $2,000,000 per occurrence and a $4,000,0000 aggregate.
(1) The City and its respective elected officials, officers, employees, agents and representatives shall be added as additional insureds on a separate endorsement(s) delivered to the City prior to commencement of work, on a policy form(s) at least as broad as the CG 20 10 11 85. This additional insured coverage will not include indemnification for the City’s active negligence.
(2) The policy shall be endorsed to provide that the coverage with respect to operations, including the completed operations, if appropriate, of the named insured is primary to any insurance or self-insurance of the City and its elected officials, officers, employees, agents, and representatives. Further, it shall provide that any insurance maintained by the City and its elected officials, officers, employees, agents, and representatives shall be in excess of the excavator’s insurance and shall not contribute to it.
(b) Contractors’ pollution liability insurance written with a combined single limit of not less than $1 million per claim or occurrence. Claims made policies shall include a 12-month extended Claims Discovery Period applicable to the excavation work or the existing policy or policies that shall continue to be maintained for 12 months after the completion of the work.
(c) Automobile liability insurance written on the current version of the ISO form CA 00 01 12 90 or later version or equivalent form providing coverage at least as broad in the amount of $1 million combined single limit per accident, coverage bodily injury and property damage for owned, non-owned and hired automobiles.
(d) Workers Compensation and Employers Liability insurance as required by the State of California, with Statutory Limits, and Employer’s Liability insurance with a limit no less than $1 million per accident for bodily injury or disease.
The policy or policies shall be endorsed to provide that the insurer will waive all rights of subrogation against the City and its respective elected officials, officers, employees, agents, and representatives for losses paid under the terms of the policy or policies and which arise from work performed by the named insured.
(e) Policies providing excess coverage shall follow the form of the primary policies, including all endorsements.
(f) Should any of the required insurance be provided under a claims-made form, the insured owner or its agent shall maintain such coverage continuously throughout the term of the permit, and without lapse, for a period of three years beyond the expiration or termination of the Public Right-of-Way Permit, to the effect that should occurrences during the term of the permit give rise to claims made after expiration or termination of the permit, such claims shall be covered by such claims-made policies.
(g) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified in Municipal Code sections 62.1215(a) and §62.1215(b).
(h) Certificates of insurance, in the form satisfactory to the City, evidencing all coverage described above, shall be furnished to the City before issuance of a permit, with complete copies of policies furnished promptly upon the City’s request.
(i) Where an excavator is self-insured, the City may accept such self-insurance as satisfying the requirements of Municipal Code section 62.1215 where the excavator provides evidence to the City such guarantee via a bond or other form of surety, no less broad and affording protection equivalent to the City as the requirements specified in Municipal Code section 62.1215. Any self-insurance, including any self-insured retention amounts, shall be disclosed in writing to the City prior to the commencement of any work.
(“Insurance Requirements For Excavations in the Public-Right-of-Way” added 1-2-2013 by O-20231 N.S.; effective 2-1-2013.) (Renumbered from Section 62.1214 to Section 62.1215, retitled from “Insurance Requirements For Excavations in the Public-Right-of-Way” to “Insurance Requirements for Excavations in the Public Right-of-Way” and amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter06/Ch06Art02Division12.pdf#page=15Fetched: 10/28/2026