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City of Santa Ana Public Works Agency <br />Agreement Number 12-TRANSIT-16 <br />AMS ADV ID: 1224000030 <br />Page 16 of 19 <br />disclaimer statement that the contents of the artwork do not reflect the official views or <br />policies of CALTRANS. <br />e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees <br />agree to avoid designing or developing any items that infringe one or more patents or other <br />intellectual property rights of any third party. If AGENCY or its employees becomes aware of <br />any such possible infringement in the course of performing any work under this RGA, AGENCY <br />or its employees shall immediately notify CALTRANS in writing. <br />f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub -recipients, <br />contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its <br />contractors, subcontractors, subrecipients, and service vendors (hereinafter "AGENCY's <br />ContractorlSubcontractorlSubrecipient") providing services under this RGA to conform to the <br />provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY's <br />ContractorlSubcontractorlSubrecipie nt shall agree to avoid designing or developing any items <br />that infringe one (1) or more patents or other intellectual property rights of any third party. If <br />AGENCY's ContractorlSubcontractorlSubrecipient becomes aware of any such possible <br />infringement in the course of performing any work under this RGA, AGENCY's <br />ContractorlSubcontractorlSubrecipient shall immediately notify the AGENCY in writing, and <br />AGENCY will then immediately notify CALTRANS in writing. <br />30. Visual Art Located on California State Right -of -Way <br />AGENCY agrees if Project involves visual art located on California State right-of-way, Project must <br />be submitted and adhere to CALTRANS' most current Transportation Art Proposal process, <br />policies, guidelines, and requirements. Information regarding CALTRANS' Transportation Art <br />program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-and- <br />community-livabilityllap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that <br />any Project will be timely submitted through CALTRANS' Transportation Art Proposal process, <br />approved, and installed prior to any deadlines as required by this RGA. <br />a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used <br />for maintenance outside of the project time limits as provided in this RGA. <br />b. AGENCY acknowledges that the CALTRANS' Transportation Art Proposal process requires, <br />among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, <br />irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights <br />under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) <br />(the Visual Artists Rights Act of 1990, "VARK) of the final artwork. <br />c. AGENCY acknowledges that any submittal to the CALTRANS' Transportation Art Proposal <br />process includes restrictions on the type of work that can be located on California State right-of- <br />way. <br />31. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards <br />In addition to, and not a limitation of, Contractor's indemnification obligations contained elsewhere <br />in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of <br />Contractor's employees, agents, Subcontractors, Subcontractors' employees, and any other <br />person, firm, or corporation furnishing or supplying work services, materials, or supplies in <br />connection with the performance of this Agreement, to any and all environmental health hazards, <br />local and otherwise, in connection with the performance of this Agreement. Such hazards include, <br />