A. The City Engineer may require, in his sole discretion, as a condition of permit issuance that user maintain public liability and property damage insurance and motor vehicle liability insurance that protects user and the City, as well as the City’s officers, agents, and employees, from the claims referred to in Section 13.36.150. The insurance shall provide coverage at all times of not less than the statutory maximum limits of liability imposed on municipalities of the State of Oregon and shall include costs of defense. The insurance shall be without prejudice to coverage otherwise existing and shall name as additional insureds the City and its officers, agents, and employees. The coverage must apply as to claims between insureds on the policy. The Certificate of Insurance shall provide that the insurance shall not be canceled or materially altered without 30 days’ prior written notice first being given to the City. If the insurance is canceled or materially altered, user shall provide a replacement policy with the terms as outlined in this Section. User shall maintain continuous uninterrupted coverage, in the terms and amounts required. User may self insure any or all of the above coverage. The insurance policy(s) may provide for self-retention or deductibles in reasonable amounts.

B. Users with facilities already in the public right of way as of the effective date of Ordinance 1970 shall provide and continue to provide insurance as specified in subsection (A) above.

C. User shall maintain on file with the City proof of the coverage required in this section.