Agmt 94 State of CA DOT Fund Transfer Agmt FTA04A39 Jefferson Ave grade sep

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Agreement No. FTA04A39 Sheet 8 of 13 SECTION 3. RECIPIENT agrees to insert, in appropriate contracts, clauses to the effect of Sections 1 and 2 of this Article V and the California Labor Code requirements that all workers employed on public works will be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations. SECTION 4. Should Public Contract Code Sections 2000 or 10115 et or Military and Veterans Code Sections 999 et seq. be applicable to RECIPIENT, RECIPIENT will meet, or make good faith efforts to meet, the following Minority Business Enterprises/Women Business Enterprises/Disabled Veterans Business Enterprises goals or RECIPIENT's applicable goals in the award of every contract for work to be performed under these Provisions: Minority Business Enterprises-15% Women Business Enterprises-5% Disabled Veterans Business Enterprises-3% RECIPIENT shall have the sole duty and authority under this Agreement to determine whether good faith efforts were sufficient as outlined in Public Contract Code Sections 2000 and 10115 et set,., and the Military and Veterans Code Sections 999 et seq. SECTION 5. To the extent that RECIPIENT is subject to the provisions of Government Code Section 4450 et seq. , RECIPIENT shall submit plans and specifications for buildings, structures, sidewalks, curbs and related facilities to the State Department of General Services for approval prior to Construction. SECTION 6. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT, its agents and contractors, under, or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this Agreement or as respects environmental clean up obligations or duties of RECIPIENT relative to a Project. It is also understood and agreed that, pursuant to Government Code Section 895.4, RECIPIENT shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) or environmental obligations or duties arising or created by reason of anything done or imposed by operation of law or assumed by, or omitted to be done by RECIPIENT under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this Agreement. SECTION 7. RECIPIENT is obligated, in perpetuity, to continue operation of the Project dedicated to the public transportation purposes for which the Project was initially approved. The Project right of way, the Project facilities constructed or reconstructed on the Project site and/or Project property purchased (excluding construction easements and excess property whose