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<br />Headquarters Rail Agreement No. 75-701-C <br /> <br />3. To advertise, award, and administer the construction contract for PROJECT in <br />accordance with requirements of the State Contract Act. the California Labor <br />Code, including its prevailing wage provisions. Workers employed in the <br />performance of work contracted for by the CI1Y. and/or performed under <br />encroachment permit, are covered by provisions of the Labor Code in the same <br />manner as are workers employed by STATE's Contractors, CITY shall obtain <br />applicable wage rates from the State Department of Industrial Relations and <br />shall adhere to the applicable provisions of the State Labor Code. Violations <br />shall be reported to the State Department of Industrial Relations. The contract <br />shall also include the Federal DBE requirements as contained in the TItle 49 of <br />CFR, Part 23. <br /> <br />4. To construct PROJECT in accordance with plans and specifications of CI1Y to <br />the satisfaction of and subject to the approval of STATE. <br /> <br />5. To pay all actual costs of PROJECT. (capital and support costs), including <br />supplemental work, change orders. contract claims paid to the construction <br />contractor. and cost of CIlYs defense of all PROJECT-related claims, above the <br />$375.000 in SHOPP TEA funds being provided by STATE. required for <br />satisfactory completion of PROJECT, Estimated costs of PROJECT are shown <br />on Exhibits A and B attached to and made a part of this Agreement. <br /> <br />6. To submit plans at or about 65% and 100% of plan completed for review of <br />eligible TEA reimbursable costs. <br /> <br />7, To submit invoices to STATE on a regular basis. not to exceed once per month, <br />for reimbursement of eligible PROJECT expenses incurred by CITY and to <br />submit a final report of expenditures to STATE within 120 days after completion <br />and acceptance of the PROJECT construction contract by CI1Y. Invoices shall be <br />submitted on agency letterhead in required format. <br /> <br />8. To retain or cause to be retained for audit by STATE or other government <br />auditors for a period of three (3) years from date of FHWA payment of final <br />voucher. or four (4) years from date of final payment under the contract, <br />whichever is longer, all records and accounts relating to construction of <br />PROJECT. <br /> <br />9, If cultural. archaeological, paleontological or other protected materials are <br />encountered during the construction of PROJECT. CI1Y shall stop work in that <br />area until a qualified professional can evaluate the nature and significance of <br />the find and a plan is approved for the removal or protection of that material. <br /> <br />10. To be responsible. at CI1Y's expense. for the investigation of potential hazardous <br />waste sites that would impact PROJECT as part of the responsibility for the <br />Environmental Document for PROJECT. <br /> <br />II. That. any hazardous material found within the area of PROJECT requiring <br />remedy or remedial action, as required by the applicable Federal and State <br />hazardous material and safety code of regulation. or any cultural. <br />paleontological. anthropological, or other protected resource requiring protection <br />shall be the responsibility of CI1Y, at CI1Y'S expense as part of the costs of <br />PROJECT, Locations subject to remedy or remedial action and/or protection <br />include utility relocation work required for PROJECT, Costs for remedy and <br />remedial action and/or protection shall include, but not limited to, the <br /> <br />Page 3 of8 <br />