|
CITY OF SANTA ANA
<br /> RFP NO.: 20-139
<br /> DESIGN, CONSTRUCTION,MAINTENANCE AND MANAGEMENT
<br /> OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
<br /> 6. OWNERSHIP OF MATERIALS
<br /> This Agreement creates a non-exclusive and perpetual license for City to copy,use,modify,reuse,
<br /> or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
<br /> specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
<br /> tangible medium of expression, including but not limited to, physical drawings or data magnetically or
<br /> otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Company under
<br /> this Agreement("Documents& Data"). Company shall require all subcontractors to agree in writing that
<br /> City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor
<br /> prepares under this Agreement. Company represents and warrants that Company has the legal right to
<br /> license any and all Documents &Data. Company makes no such representation and warranty in regard to
<br /> Documents &Data which were provided to Company by the City. City shall not be limited in any way in
<br /> its use of the Documents and Data at any time,provided that any such use not within the purposes intended
<br /> by this Agreement shall be at City's sole risk.
<br /> 7. INSURANCE
<br /> Prior to undertaking performance of work under this Agreement, Company shall maintain and
<br /> shall require its subcontractors, if any,to obtain and maintain insurance as described below:
<br /> a. Commercial General Liability Insurance. Company 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 Company'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, Company, if Company 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,Company agrees to obtain
<br /> and maintain any employer's liability insurance with limits not less than $1,000,000 per
<br /> accident.
<br /> d. If Company 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 /> City Council 24 — 43 1/18/2022
<br /> Page 3 of 9
<br />
|