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Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive <br />and perpetual license for any Documents & Data the subcontractors 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 />Prior to undertaking performance of work under flys Agreement, Consultant shall <br />maintain and shall require its subcontractors, 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 insured(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, in 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 hnsurance. In 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 claim with $2,000,000 in tlae <br />aggregate. <br />e. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br />Page 3 of 9 <br />