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Page 33 of 45State of Washington Department of Ecology <br />Agreement No: <br />Project Title: <br />Recipient Name: <br />WQC-2026-EverPW-00408 <br />City of Everett Port Gardner Water Quality Program – Phase 2 Construction <br />City of Everett <br />as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable <br />ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. <br />Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All <br />ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the <br />loan. <br />L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded <br />Utility in good repair, working order, and condition. <br />M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the <br />RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. <br />N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the <br />Davis-Bacon Act prevailing wage requirements . This applies to the construction, alteration, and repair of treatment <br />works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by <br />Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed <br />by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those <br />prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. <br />The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing <br />requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage <br />determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure <br />that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and subcontracts more than <br />$2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act and <br />make such records available for review upon request. <br />The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works , <br />Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public <br />work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT <br />agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW and make such records <br />available for review upon request. <br />O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the <br />following verification statement in the “General Comments” text box of each progress report. <br />“We verified that we are in compliance with all the requirements as outlined in our funding agreement (s) with the <br />Department of Ecology. This includes but is not limited to: <br /> - The Davis-Bacon Act, 29 CFR , prevailing wage requirements, certified weekly payroll, etc. <br /> - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33 <br /> - The American Iron and Steel Act (Buy American) <br /> - The Build America Buy America Act (BABA) (equivalency projects only)” <br />P. Representations and Warranties : The RECIPIENT represents and warrants to ECOLOGY as follows : <br />Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in <br />connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, <br />true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this <br />agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. <br />Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the <br />state of Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, <br />deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. <br />Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all <br />representations and warranties made in this loan agreement remain true as of the date of the request and that no <br />adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to <br />repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the <br />RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for <br />Template Version 12/10/2020 <br />Docusign Envelope ID: D814CB0A-309D-42B0-8AE7-7273045711DF