|
Page 23 of 41State of Washington Department of Ecology
<br />Agreement No:
<br />Project Title:
<br />Recipient Name:
<br />WQC-2025-EverPW-00038
<br />Riverpoint Outfall Replacement
<br />City of Everett
<br />Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin, or sex in the
<br />performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and
<br />administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these
<br />requirements is a material breach of this agreement which may result in the termination of this contract or other legally available
<br />remedies.
<br />This does not preclude the RECIPIENT from enacting broader nondiscrimination protections .
<br />The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of
<br />the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972,
<br />the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C.
<br />12101 et seq, the Americans with Disabilities Act (ADA).
<br />In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or
<br />policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared
<br />ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure
<br />this noncompliance.
<br />The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers,
<br />vendors, and any other entity for work or services pertaining to this agreement.
<br />“The Contractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The
<br />Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded
<br />under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a
<br />material breach of this Contract which may result in termination of this Contract or other legally available remedies.”
<br />Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders
<br />list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts,
<br />including both MBE/WBEs and non-MBE/WBEs.
<br />1. Entity's name with point of contact
<br />2. Entity's mailing address, telephone number, and e-mail address
<br />3. The procurement on which the entity bid or quoted, and when
<br />4. Entity's status as an MBE/WBE or non-MBE/WBE
<br />G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this
<br />agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable
<br />accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered
<br />through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7.
<br />Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or
<br />diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with
<br />disabilities, including those who use assistive technology.
<br />H. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website.
<br />I. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions, or
<br />training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel
<br />and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National
<br />Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information
<br />about the Act. Pursuant to 15 USC 2225a.
<br />J. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
<br />Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
<br />whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
<br />Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
<br />subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a
<br />Template Version 12/10/2020
<br />Docusign Envelope ID: F2F2C641-00FF-4CD2-8410-C8E2A1EA5EB0
|