ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-3-3087)

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Exhibit B — Flow -Down Provisions Cooperative Agreement No. C-3-3087 22. Public Works and Construction Without limiting the generality of Section 21.a., Sub -Recipient agrees to ensure compliance with all applicable legal authority regarding construction standards and requirements, including but not limited to the following: a. Labor Code Requirements Sub -Recipient is hereby put on notice that the one or more of the Projects under the MOU may qualify as a public works project and Sub -Recipient will therefore be required to determine whether the Project falls under a classification that would require payment of prevailing wages. Services constituting public works are described in California Labor Code Sections 1720-1861, as may be amended or recodified by legislative action from time -to -time. ii. If a Project qualifies as a public works project, Sub -Recipient shall be the Awarding Body for the public works project and required to comply with all requirements applicable to the Awarding Body. iii. If Sub -Recipient or its Consultant(s) will perform services that require payment of prevailing wages, they are required to register with the California Department of Industrial Relations (DIR) in order to be compliant with the law. Neither Sub -Recipient nor its Consultant(s) may work on a public works project without a current and active DIR registration. iv. In the event that Sub -Recipient or its Consultant(s) engages in the performance of a public work under this MOU as defined by Labor Code Section 1770 et seq., Sub -Recipient and its Consultant(s) shall be required to cause such employees who are entitled to prevailing wages, to be paid the required wage amounts pursuant to applicable state law. Sub - Recipient and its Consultant(s) shall ensure compliance with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. v. Sub -Recipient further acknowledges that any work that qualifies as a public work within the meaning of California Labor Code Section 1720 shall require Sub -Recipient and its Consultant(s) to comply with the provisions of California Labor Code Sections 1775 et seq. Sub -Recipient agrees to ensure compliance with Labor Code Section 1776 regarding retention and inspection of payroll records and noncompliance penalties, Labor Code Section 1777.5 regarding employment of registered apprentices, and Labor Code Section 1813 regarding forfeiture for violations of the maximum hours per day and per week provisions contained in the same chapter. b. Sub -Recipient shall comply with all applicable federal, state, and local procurement requirements for public works and construction projects and shall advertise, open bids, award, and approve all construction contracts in accordance with the California Public Contract Code and the California Labor Code. 14 1 Page