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Grant No.G1000088 <br /> 3 Independent Cleanup Action <br /> Agreement with City of Everett <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 not assign or <br /> subcontract performance to others unless specifically authorized in writing by the <br /> DEPARTMENT. <br /> B. SUBGRANTEE/CONTRACTOR COMPLIANCE <br /> The RECIPIENT must ensure that all subgrantees and contractors comply with the terms <br /> and 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 <br /> beneficiary 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 <br /> law. RECIPIENT shall retain copies of all bids received and contracts awarded, for <br /> inspection and use by 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 <br /> laws, 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 <br /> the project, provide assurance to the DEPARTMENT that all approvals and <br /> 32 <br /> Page 6 of 14 <br />