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Grantee shall take all necessary precauti ons for t he safety of its em ployees working on the p roject , <br />and shall comply w ith all applicable provisions of fed eral. state, and local safety laws and bui lding <br />codes to prevent accidents or injuri es 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 creation <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 />cli entele, hous1ng, o r job creation COBG Nationa l Objeclives, must submit quarterly bene fic1ary <br />re ports a s furn ish ed by COMMERCE. Failure to submit ,these repo rts may result in COMM ERC E <br />wi tt:lh oldi ng paym en t or terminating 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 rec eived and expen ded, and annuall y 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 $1 00 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 th at they are au thorized to do b usiness in the state of Wash iMton and <br />are In fUll compliance w ith the re quirements of the Boa rd of Profess ional Registrat ion . The Grantee <br />shall requIre that engineering serv ices provi de rs 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 engi neering firm and licensed staff employed or under contract to the engin ee ring <br />firm. The state of W ashi ngton , it s ag ents , officers , and em ployees need not be named as addi tional <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 Biock Grant policies and <br />procedures, prepared by Commerce as incorporated by reference on the Face Sheet <br />6