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Page 3 of 9 <br /> <br />embodied in plans, specifications, studies, drawings, estimates, and other documents or works of <br />authorship fixed in any tangible medium of expression, including but not limited to, physical <br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or <br />caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant <br />shall require all subcontractors to agree in writing that City is granted a non-exclusive and <br />perpetual license for any Documents & Data the subcontractor prepares under this Agreement. <br />Consultant represents and warrants that Consultant has the legal right to license any and all <br />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 /> <br />6. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain <br />and shall require any subcontractors to obtain and maintain insurance as described below for the <br />entire Term of this Agreement against claims for injuries to persons or damage to property which <br />may arise from or in connection with services, products and materials supplied to City. Total cost <br />of such insurance shall be borne by Consultant. <br /> <br />Minimum Scope and Limit of Insurance. <br />• Commercial General Liability (CGL): Insurance Services Office Form CG 00 <br />01covering CGL on an “occurrence” basis, including products and completed <br />operations, property damage, bodily injury and personal & advertising injury with <br />limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required <br />policy limits can be met with primary and umbrella/excess insurance policies. <br />• Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 <br />(any auto), with limits no less than $1,000,000 combined single limits. In the event <br />Consultant does not maintain commercial automobile liability insurance, City will <br />accept evidence of personal automobile insurance. <br />• Workers’ Compensation: as required by the State of California, with Statutory Limits, <br />and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, <br />policy or employee, for bodily injury or disease. Coverage is not required if Consultant <br />has no employees and signs request to waive such insurance. <br />• Professional Liability Insurance: with limits no less than $2,000,000 per occurrence <br />or claim, and $4,000,000 aggregate. <br />• If Consultant maintains broader coverage and/or higher limits than the minimum <br />requirements for each line of coverage shown above, City requires and shall be entitled <br />to the broader coverage and/or the higher limits maintained by Consultant. Any <br />available insurance proceeds in excess of the specified minimum limits of insurance <br />and coverage shall be available to City. <br /> <br />Other Insurance Provisions. The above required insurance policies are to contain or be <br />endorsed to contain the following provisions: