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<br />Non-Fed Funding (6.1.2020) <br />Page 3 of 10 <br /> <br />6. STANDARD OF CARE <br /> <br />In providing services under this Agreement, the Consultant shall perform in a manner <br />consistent with that degree of care and skill ordinarily exercised by members of the same <br />profession currently practicing under similar circumstances at the same time or similar locality. <br /> <br />7. OWNERSHIP OF MATERIALS <br /> <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, <br />reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in <br />plans, specifications, studies, drawings, estimates, and other documents or works of authorship <br />fixed in any tangible medium of expression, including but not limited to, physical drawings or data <br />magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be <br />prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all <br />subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for <br />any Documents & Data the subcontractor prepares under this Agreement. Consultant represents <br />and warrants that Consultant has the legal right to license any and all Documents & Data. <br />Consultant makes no such representation and warranty in regard to Documents & Data which were <br />provided to Consultant by the City. City shall not be limited in any way in its use of the Documents <br />and Data at any time, provided that any such use not within the purposes intended by this <br />Agreement shall be at City’s sole risk. <br /> <br />The City shall not reuse or make any modification to the Consultant’s construction <br />documents without the prior written authorization of the Consultant. The Consultant shall bear no <br />responsibility or liability related to the unauthorized resuse of any instruments of service prepared <br />by the Consultant. <br /> <br />Under no circumstances shall the transfer of ownership of the Consultant’s drawings, <br />specifications, electronic files or other instruments of service be deemed a sale by the Consultant, <br />and the Consultant makes no warranties, express or implied, of merchantability and fitness for any <br />particular purpose. <br /> <br />8. INSURANCE <br /> <br />Consultant shall procure and maintain for the duration of the contract insurance against <br />claims for injuries to persons or damages to property which may arise from or in connection with <br />the performance of the work hereunder by the Consultant, its agents, representatives, or employees. <br /> <br />a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad <br />as: <br />1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 <br />01 covering CGL on an “occurrence” basis, including products and completed <br />operations, property damage, bodily injury and personal & advertising injury <br />with limits no less than $1,000,000 per occurrence. If a general aggregate limit <br />applies, either the general aggregate limit shall apply separately to this <br />project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be <br />twice the required occurrence limit.