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

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Exhibit B — Flow -Down Provisions Cooperative Agreement No. C-3-3087 c. All construction contracts for the Projects shall be administered and managed by Sub - Recipient. Sub -Recipient shall prepare or have prepared a detailed schedule of performance for the Projects, ensuring that all construction is completed within the timeline allowed by the MOU. Sub -Recipient shall be responsible for requiring the construction contractor to furnish any applicable labor and material bonds and payments and performance bonds naming the Sub - Recipient as obligee, and SCAG as additional obligee, or an insurance policy in lieu of such bonds. d. Sub -Recipient agrees to procure any and all permits, licenses and approvals necessary to complete the Projects, including those necessary to perform design, construction, operation and maintenance, and to comply with all California Environmental Quality Act requirements applicable to the Projects. Sub -Recipient shall pay all charges and fees and give all notices necessary or incidental to the Projects. e. Sub -Recipient shall prepare, or have prepared, all plans, specifications and estimates for the Projects and ensure that the Projects comply with all applicable federal and state accessibility requirements, including but not limited to the Americans with Disabilities Act, including its implementing regulations at 24 CFR Part 8 and any amendments, and California Government Code Section 4450, and applicable requirements and guidance provided in Title 24 of the California Code of Regulations, for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. f. Sub -Recipient shall conduct all necessary due diligence for the Projects, including but not limited to performing necessary environmental assessments/review of environmental hazard reports, conducting engineer/geotechnical review, commissioning title reports to identify and evaluate the condition of title and encumbrances on the subject property, determining the entity(ies) with site control, including whether any third parties have ownership or site control rights, and determining the suitability for the Project. g. Sub -Recipient shall ensure any contractors or subcontractors are paid in accordance with applicable laws and regulations. h. Sub -Recipient shall comply with the procedure set forth in Public Contracts Code Section 9204 for processing contractor claims, paying undisputed amounts, and requiring mediation of disputed amounts. Sub -Recipient shall be responsible for ensuring ongoing maintenance of the Projects after completion. SCAG shall not be responsible for ongoing maintenance of the Projects after completion. 23. Conflict of Interest The Parties shall comply with all applicable federal and state conflict of interest laws, regulations, and policies. 15 1