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