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Transit Financial Assistance Grant Agreement Regional Sales and Use Tax 1.03 Use of Contractors. The Grantee may engage contractors to perform Project activities. However, the Grantee retains sole responsibility to the Council for performance of the Project activities and the use of contractors does not relieve the Grantee from any of the Grantee's obligations under this Agreement. If the Grantee contracts with any contractors to perform any part of the Project activities, the contract shall include provisions requiring the contractor to: A. Maintain all records and provide all reporting as required by this Agreement; and B. Defend, indemnify, and hold harmless the Council and its members, employees, and agents from and against all claims, suits, demands, damages, judgments, costs, interest, and expenses relating to the contractor's performance of the contracted work; and C. Provide and maintain insurance carrying levels and types of coverage appropriate for the contracted work and naming the Council as an additional insured, and provide to the Grantee —prior to commencement of the contracted worka certificate of insurance evincing such insurance coverage; and D. Be an independent contractor for the purposes of completing the contracted work; and E. Acknowledge that the contract between the Grantee and the contractor does not create any contractual relationship between the Council and the contractor. 1.04 Project Plans. The Grantee will be required to submit final project plans for Council review and approval. Final project plans must ensure that the Project is substantially the same as what was described in the application, that basic design standards are met from the MnDOT Facility Design Guide or other applicable design standards, and that requirements of the Americans with Disabilities Act are being met. The Grantee's final project plans must be reviewed and signed by an accredited engineer that attests that the plan meets the minimum standards. 1.05 Right -of -Way Acquisition. Prior to the release of any grant funds, the Grantee must provide documentation that shows that all necessary land rights are under the control of the Grantee for the duration of the project and any necessary agreement(s) are in place. The Grantee must follow all applicable state standards concerning right-of-way acquisition. 1.06 Small Disadvantaged Businesses. If a project receives a grant award greater than $750,000 and the Grantee plans to bid out work to a subcontracting firm, the Grantee must work with the Council's Office of Equity & Equal Opportunity (OEEO) to set subcontracting goals through the Metropolitan Council's Underutilized Business (MCUB) Program. If the Grantee already has an equivalent contracting program in place and provides evidence of such program to the Council the MCUB requirement can be waived. 3 Approved by OGC 12/16/24