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<br />6 <br /> <br />Grantee shall take all necessary precautions for the safety of its employees working on the project, <br />and shall comply with all applicable provisions of federal, state, and local safety laws and building <br />codes to prevent accidents or injuries to persons, on, about, or adjacent to the premises where the <br />work is being performed. <br />11. PERFORMANCE REPORTING <br />The Grantee, at such times and in such forms as COMMERCE may require, shall furnish periodic <br />progress and performance reports pertaining to the activities undertaken pursuant to this Contract. <br />These reports may include environmental review records, publication affidavits, procurement and <br />contracting records, documentation of compliance with federal civil rights requirements, job creatio n <br />records, program income reports, reports of the costs and obligations incurred in connection <br />therewith, the final closeout report, and any other matters covered by this Contract. Activities funded <br />by this Contract providing income-qualified direct assistance or direct services under the limited <br />clientele, housing, or job creation CDBG National Objectives, must submit quarterly beneficiary <br />reports as furnished by COMMERCE. Failure to submit these reports may result in COMMERCE <br />withholding payment or term inating this Contract. <br />12. PROGRAM INCOME <br />Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used before <br />drawing additional CDBG funds to complete activities included in the Scope of Work and Budget. The <br />Grantee must maintain records of program income received and expended, and annually report <br />program income received after closeout of this Grant. Program Income shall be used to continue the <br />same activities to benefit low- and moderate-income persons or, with COMMERCE approval, for <br />other activities to benefit low- and moderate-income persons. Interest earned in excess of $100 on <br />CDBG funds received to reimburse incurred costs must be remitted to COMMERCE for return to the <br />U.S. Treasury. <br />13. SUBCONTRACTOR DATA COLLECTION <br />Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as <br />agreed by the parties, regarding work under this Grant performed by subcontractors and the portion <br />of Grant funds expended for work performed by subcontractors, including but not necessarily limited <br />to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” <br />shall mean subcontractors of any tier. <br />14. SUBCONTRACTS FOR ENGINEERING SERVICES <br />Engineering firms must certify that they are authorized to do business in the state of Washington and <br />are in full compliance with the requirements of the Board of Professional Registration. The Grantee <br />shall require that engineering services providers be covered by errors and omissions insurance. The <br />engineering firm shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all <br />activities by the engineering firm and licensed staff employed or under contract to the engineering <br />firm. The state of Washington, its agents, officers, and employees need not be named as additional <br />insureds under this policy. <br />15. ORDER OF PRECEDENCE <br />In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving <br />precedence in the following order: <br /> Applicable federal and state of Washington statutes and regulations <br /> Special Terms and Conditions <br /> General Terms and Conditions <br /> Attachment A – Scope of Work and Budget <br /> Grantee’s application for funding and the Community Development Block Grant policies and <br />procedures, prepared by Commerce as incorporated by reference on the Face Sheet