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writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
<br />subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the
<br />legal right to license any and all Documents & Data. Consultant makes no such representation and
<br />warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not
<br />be limited in any way in its use of the Documents and Data at any time, provided that any such use not
<br />within the purposes intended by this Agreement shall be at City's sole risk.
<br />7. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
<br />shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general
<br />liability insurance naming the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s) and shall include, but not be limited to protection
<br />against claims arising from bodily and personal injury, including death resulting therefrom
<br />and damage to property, resulting from any act or occurrence arising out of Consultant's
<br />operations in the performance of this Agreement, including, without limitation, acts
<br />involving vehicles. The amounts of insurance shall be not less than the following: single
<br />limit coverage applying to bodily and personal injury, including death resulting therefrom,
<br />and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000
<br />in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
<br />and representatives as additional insured(s); (b) be primary and not contributory with
<br />respect to insurance or self-insurance programs maintained by the City; and (c) contain
<br />standard separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit
<br />of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
<br />owned, hired and non -owned automobiles.
<br />C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
<br />the Labor Code, Consultant, if Consultant has any employees, is required to be insured
<br />against liability for worker's compensation or to undertake self-insurance. Prior to
<br />commencing the performance of the work under this Agreement, Consultant agrees to
<br />obtain and maintain any employer's liability insurance with limits not less than $1,000,000
<br />per accident.
<br />d. If Consultant is or employs a licensed professional such as an architect or engineer:
<br />Professional liability (errors and omissions) insurance, with a combined single limit of not
<br />less than $1,000,000 per claim with $2,000,000 in the aggregate.
<br />C. If the Consultant, its agents, or subcontractors maintain broader coverage and/or higher
<br />limits than the minimums shown above, City requires and shall be entitled to the broader
<br />coverage and/or the higher limits maintained by the Consultant. Any available insurance
<br />proceeds in excess of the specified minimum limits of insurance and coverage shall be
<br />available to the City.
<br />L Other Insurance Provisions- The insurance policies are to contain, or be endorsed to contain,
<br />the following provisions:
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