ENC-002 Insurance Requirements for Encroachment Permits

Identify the insurance requirements to obtain a encroachment permit.

Revised 11/11/2018

In accordance with Section 15-8 of the Sonoma County Code, an encroachment permit authorizes activity in the County’s public right-of-way.

Permittee shall maintain and require its subcontractors and agents to maintain insurance as described below unless such insurance has been expressly waived by the attachment of a Waiver of Insurance Requirements.

County reserves the right to review any and all of the required insurance policies and / or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements or failure to identify any insurance deficiency shall not relieve Permittee from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the term of this Permit.

1. Workers' Compensation Insurance & Employers' Liability Insurance

   1. Required if Permittee has employees
   2. Workers' Compensation insurance with statutory limits as required by the Labor Code of the State of California.
   3. Employers' Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
   4. Required Evidence of Coverage: Certificate of Insurance

2. General Liability Insurance

   1. Commercial General Liability Insurance on a standard occurrence form, no less broad than Insurance Services Office (ISO) form CG 00 01
   2. Minimum Limits:  $1,000,000 per Occurrence, $2,000,000 General Aggregate, $2,000,000, Products/Completed Operations Aggregate. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Commercial Umbrella Liability Insurance. If Permittee maintains higher limits than the specified minimum limits, County requires and shall be entitled to coverage for the higher limits maintained by Permittee.
   3. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. Permittee shall disclose any deductible or self-insured retention in excess of $25,000 and such deductible or self-insured retention must be approved in advance by County. Permittee is responsible for any deductible or self-insured retention and shall fund it upon County’s written request, regardless of whether Permittee has a claim against the insurance or is named as a party in any action involving the County.
   4. “County of Sonoma, Its Officers and Employees” Attention: Permit Sonoma, 2550 Ventura Avenue, Santa Rosa CA  95403, shall be endorsed as additional insureds for liability arising out of the Permittee’s ongoing operations for which the County of Sonoma has issued a permit.
   5. The insurance provided the additional insureds shall be primary to, and non-contributory with, any insurance or self-insurance maintained by them.
   6. The policy shall cover inter-insured suits between County and Permittee and include a “separation of insureds” or “severability” clause which treats each insured separately.
   7. Required Evidence of Coverage:
      1. Copy of additional insured endorsement or policy language granting additional insured status; and
      2. Certificate of Insurance

   Note: For events taking place at airports and/or marinas, additional evidence of coverage is required.  

3. Automobile Liability Insurance

   1. Minimum Limits:  $1,000,000 combined single limit per accident.  The required limit may be satisfied by a combination of Automobile Liability Insurance and either Commercial Excess or Commercial Umbrella Liability Insurance.
   2. Insurance shall cover all owned autos. (Required if Permittee owns vehicles).
   3. Insurance shall cover all hired and non-owned vehicles.
   4. Required Evidence of Insurance:  Certificate of Insurance

4. Standards for Insurance Companies 

   Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best’s rating of at least A:VII.