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Flood Agreement No. G1300118 between the <br />Washington State Department of Ecology and the <br />King County Flood Control Zone District <br />Project: Briscoe / Desimone Levee Improvements <br />Appendix A: <br />GENERAL TERMS AND CONDITIONS <br />Pertaining to Grant and Loan Agreements of <br />the Department of Ecology <br />A. RECIPIENT PERFORMANCE <br />All activities for which grant/loan funds are to be used shall be accomplished by the <br />RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor /consultant <br />assistance if that has been included in the agreement's final scope of work and budget. <br />B. SUBGRANTEEICONTRACTOR COMPLIANCE <br />The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and <br />conditions of this agreement. <br />C. THIRD PARTY BENEFICIARY <br />The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT <br />pursuant to this agreement, the state of Washington is named as an express third -party beneficiary <br />of such subcontracts with full rights as such. <br />D. CONTRACTING FOR SERVICES (BIDDING) <br />Contracts for construction, purchase of equipment and professional architectural and <br />engineering services shall be awarded through a competitive process, if required by State law. <br />RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by <br />the DEPARTMENT. <br />E. ASSIGNMENTS <br />No right or claim of the RECIPIENT arising under this agreement shall be transferred or <br />assigned by the RECIPIENT. <br />F. COMPLIANCE WITH ALL LAWS <br />1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, <br />orders, regulations and permits. <br />Prior to commencement of any construction, the RECIPIENT shall secure the <br />necessary approvals and permits required by authorities having jurisdiction over the project, provide <br />assurance to the DEPARTMENT that all approvals and permits have been secured, and make <br />copies available to the DEPARTMENT upon request. <br />2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all <br />Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further <br />agrees to affirmatively support the program of the Office of Minority and Women's Business <br />Enterprises to the maximum extent possible. If the agreement is federally- funded, the RECIPIENT <br />shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority <br />owned businesses. <br />3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, <br />regulations, and policies of the United States and the State of Washington which affect wages and <br />job safety. <br />4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state <br />industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the <br />DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided <br />in Section K.1, herein. <br />Page 13 of 24 <br />