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Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. B. CLARIFICATIONS AND ANSWERS TO QUESTIONS ASKED PRIOR TO THE DEADLINE ARE AS FOLLOWS: 1. Q: If the City will accept a C-45 license, will you wave the insurance requirement for professional liability insurance as specialty trades such as C-45's do not carry nor do they have that insurance available for them. A: Please see section A. of this document for the revised Minimum Scope and Limit of Insurance section, removing the Professional Liability insurance requirement. 2. Q: Considering there are no designs provided in the RFP, each bidder will need to design specific designs for each location. Assuming the answer to #3 above is, the City of Santa Ana expects additional graphic elements on each display unique to each park or neighborhood: a) Does the City of Santa Ana acknowledge each design will be unique and holds a Copy Right by the submitting bidder? b)The Copy Right does not transfer to the City of Santa Ana unless the bidder is awarded the project and the project is bidder is paid for the project? c)Does the City of Santa Ana understand the financial penalty for Copy Right infringement? d)Will the City of Santa Ana protect the Copy Right of each of the designs submitted by each bidder by not having a competing bidder not view, bid, reproduce or create a display that is similar to the copy right design? A: The City will acknowledge copyright protection to those designs qualifying for such under Federal copyright law. However, should any copyrightable design be selected and used by the City pursuant to a written agreement for services, the design will be considered a "work made for hire", meaning that the City will be the copyright owner. All designs submitted as part of a bid proposal may be subject to disclosure under the California Public Records Act and any applicable exemptions thereto. 3. Q: We are a certified DVBE and HUBzone sign company, do you need a DVBE for this bid ? A: No, DVBE is not a requirement of this RFP. 4. Q: Considering, 1) we are a specialty contractor located outside of Orange County, 2) our qualified lead installers do not live in the zip codes provided, 3) there is no union trade covering sign installation, 4) most of the work performed will be SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem,Ward 3 Ward 1 Ward 2 Ward 4 Ward 5 Ward 6 vamezcuaRDsanta-ana.org iessielopez(rDsanta-ana.org tphan(gDsanta-ana.orq bvazguezRDsanta-ana.org pbacerra(rDsanta-ana.orq irvanhernandezRDsantaana.org dpenaloza(rDsanta-ana.org City Council Page 4 of154 — 157 5/21/2024