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(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either <br /> on the project site or on other properties; <br /> (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower <br /> tier, for Work of Improvement performed on or off the project site; and <br /> (v) Any personal injury,property damage or economic loss to third persons related to and arising <br /> from the performance or nonperformance by CONTRACTOR or its Subcontractors of any <br /> lower tier, of the Work of Improvement. <br /> (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all <br /> subcontract documents issued by CONTRACTOR. <br /> Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity <br /> in favor of CONTRACTOR against CITY or any other Indemnitee. <br /> 11. FEDERAL FUNDING REQUIREMENTS. <br /> Contractor shall comply, and ensure all subcontractors comply, with all applicable regulations, <br /> policies, guidelines and requirements of the Community Development Block Grant(CDBG)program <br /> set forth by U.S. Department of Housing and Urban Development for sub-recipients including,without <br /> limitation, the funding requirements laid out in Appendix J, attached to the Contract Documents and <br /> incorporated herein by reference. Contractor's attention is specifically directed to the following,which <br /> are each incorporated herein by this reference; <br /> (i) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit <br /> Requirements for Federal Awards). <br /> (ii) Program Income—24 CFR Part 570.500(a)(1) <br /> (iii) Unused Program Income—24 CFR Part 570.503(b)(3) <br /> (iv) Transfers of Program Income—24 CFR Part 570.504(b)(2) <br /> (v) Disposition of Program Income—24 CFR Part 570.504(c) <br /> (vi) Applicability of Uniform Administrative Requirements—24 CFR § 570.502 <br /> (vii) Subpart K of the CDBG Regulations, commencing with 24 CFR § 570.600 <br /> (viii) Section 3 Requirements specified herein. <br /> (ix) Federal Contract Provisions specified herein. <br /> With respect to any conflict between such federal requirements and the terms of the Contract <br /> Documents and/or the provisions of state law and except as otherwise required under federal law or <br /> regulation,the more stringent requirement shall control.Contractor shall be subject to the Davis-Bacon <br /> Act. The federal minimum wage rates are attached to the Contract Documents as Appendix L, and <br /> incorporated herein by this reference. When the Davis-Bacon wage rates and California prevailing <br /> wage rates differ for similar kinds of labor,the Contractor shall pay not less than the higher rate. <br /> Contractor shall additionally comply with the applicable flow down terms and conditions of the CDBG <br /> Funding Agreement,which arc attached to the Contract Documents as Appendix K, and incorporated <br /> herein by reference. <br /> Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity <br /> in favor of CONTRACTOR against CITY or any other Indemnitee. <br /> Page 3 of 4 <br />