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City of Santa Ana <br />Agreement Number 12-TRANSIT-06 <br />AMS ADV ID: 1224000031 <br />Page 17 of 19 <br />but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to <br />infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all <br />appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, <br />Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or <br />supplying work services, materials, or supplies in connection with the performance of this <br />Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of <br />California, and each and all of their officers, agents and employees, from any and all claims and/or <br />losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees <br />that the provisions of this paragraph shall apply regardless of the existence or degree of negligence <br />or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or <br />employees. <br />32.Mandatory Organic Waste Recycling <br />It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if <br />Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per <br />week, Contractor shall arrange for organic waste or commercial waste recycling services that <br />separate/source organic waste for organic waste recycling. Contractor shall provide proof of <br />compliance, i.e. organic waste recycling services or commercial waste recycling services that <br />separate/source organic waste recycling, upon request from CALTRANS District Partnership <br />Liaison <br />33.Project Close Out/Closeout Report <br />a.AGENCY will provide a final close out report to the CALTRANS District Partnership Liaison <br />no later than June 30, 2025. <br />CALTRANS reserves the right to inspect the project location prior to approving the final invoice <br />and closeout report. <br />b.CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and <br />approval of the final closeout report by the CALTRANS District Partnership Liaison. <br />c.Payments shall be forfeit of work incurred after December 31, 2024. <br />34.ADA Compliance <br />All entities that provide electronic or information technology or related services that will be posted <br />online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and <br />the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the <br />Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All <br />entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to <br />their attention. <br />35.Prevailing Wages and Labor Code Compliance <br />AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor <br />Code Sections 1720 through 1815 and implementing regulations for any public works or <br />maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project. <br />36.In the event of any inconsistency between the provisions which constitute this RGA, the following <br />order of precedence shall apply: <br />I.This Restricted Grant Agreement (as amended);