WA Dept of Ecology WQC-2016-EverPW-00014 6/8/2016

State of Washington Department of Ecology Page 18 of 41 Agreement No: WQC-2016-EverPW-00014 Project Title: Cleveland Ave.Sewer Replacement and Stormwater Separation Recipient Name: City of Everett-Public Works Department "State Water Pollution Control Revolving Fund(Revolving Fund)"means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. "Termination Date"means the effective date of ECOLOGY's termination of the agreement. "Termination Payment Date"means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. "Total Eligible Project Cost"means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding. "Total Project Cost"means the sum of all costs associated with a water quality project,including costs that are not eligible for ECOLOGY grant or loan funding. "ULID"means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments"means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund(less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments shall include principal installments and any interest or penalties which may be due. "Utility"means the sewer system,stormwater system,or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference. A.Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW,"Contracts for Architectural and Engineering Services,"have been,or shall be,met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final negotiated agreement and submit a copy of the agreement to ECOLOGY. B.Best Management Practices(BMP)Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation,the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation,please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. C. Cultural and Historic Resources Protection Compliance with Environmental Laws and Regulations. The • RECIPIENT shall: 1)The RECIPIENT shall comply with all applicable federal, state and local environmental laws,statutes,regulations, executive orders,and permits. 2)The RECIPIENT shall comply with Ecology's Archaeological Resource and Historic Property review process. The RECIPIENT agrees that in no case shall construction activities,ground disturbance,or excavation of any kind,begin Version 10/30/2015