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Item 27 - Resolution and Agreement for the CALTRANS Intercity Rail Capital Program
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Item 27 - Resolution and Agreement for the CALTRANS Intercity Rail Capital Program
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12/12/2024 11:50:03 AM
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Agenda Packet
Agency
Public Works
Item #
27
Date
12/17/2027
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Agency Name <br />Master Agreement No. 64SantaAnaMA <br />H. Hold Harmless and Indemnification <br />1. Neither State nor any officer or employee thereof shall be responsible for <br />any damage or liability occurring by reason of anything done or omitted to be <br />done by Recipient, its agents and contractors under or in connection with any <br />work, authority, orjurisdiction delegated to Recipient under this Agreement or any <br />Program Supplement or as respects environmental clean-up obligations or duties <br />of Recipient relative to Project. It is also understood and agreed that, Recipient <br />shall fully defend, indemnify and hold the CTC and State and their officers and <br />employees harmless from any liability imposed for injury and damages or <br />environmental obligations or duties arising or created by reason of anything done <br />or imposed by operation of law or assumed by, or omitted to be done by <br />Recipient under or in connection with any work, authority, or jurisdiction <br />delegated to Recipient under this Agreement and all Program Supplements. <br />2. Recipient shall indemnify, defend and hold harmless State, the CTC and the <br />State Treasurer relative to any misuse by Recipient of State funds, Project property, <br />Project generated income or other fiscal acts or omissions of Recipient. <br />Labor Code Compliance <br />Recipient shall include in all subcontracts awarded using Project funds, when <br />applicable, a clause that requires each subcontractor to comply with California <br />Labor Code requirements that all workers employed on public works aspects of <br />any project (as defined in California Labor Code §§ 1720-1815) be paid not less <br />than the general prevailing wage rates predetermined by the Department of <br />Industrial Relations as effective the date of Contract award by the Recipient. <br />1. Non -Discrimination Clause <br />1. In the performance of work under this Agreement, Recipient, its <br />contractor(s) and all subcontractors, shall not unlawfully discriminate, harass or <br />allow harassment against any employee or applicant for employment because <br />of sex, race, color, ancestry, religious creed, national origin, physical disability, <br />mental disability, medical condition, age, marital status, family and medical care <br />leave, pregnancy leave, and disability leave. Recipient, its contractor(s) and all <br />subcontractors shall ensure that the evaluation and treatment of their employees <br />and applicants for employment are free from such discrimination and <br />harassment. Recipient, its contractor(s) and all subcontractors shall comply with <br />the provisions of the Fair Employment and Housing Act (Government Code <br />section 12900 et seq.), and the applicable regulations promulgated thereunder <br />(California Code of Regulations, Title 2, section 7285 et seq.). The applicable <br />regulations of the Fair Employment and Housing Commission implementing <br />Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 <br />Revised as of 9/12/2024 Page 22 <br />
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