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

State of Washington Department of Ecology Page 21 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 C. Consultant Cap: The RECIPIENT shall ensure that grant or loan funds provided under this agreement to be used to reimburse for costs incurred by individual consultants(excluding overhead) is limited to the maximum daily rate for Level IV of the Executive Schedule(formerly GS-18),to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed. Contracts for services awarded using the procurement requirements in 40 CFR Parts 30 or 31,as applicable,are not affected by this limitation unless the terms of the contract provide the RECIPIENT with responsibility for the selection,direction,and control of the individuals who shall be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b)or 40 CFR 31.36(j)for additional information. D.Data Universal Numbering System(DUNS)and Central Contractor Registration(CCR)Requirements: RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110,the RECIPIENT must ensure that the organization's information in the System for Award Management(SAM), https://www.sam.gov,is kept current through project closeout.This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration,and more frequently if information changes. E.Disadvantaged Business Enterprise(DBE): General Compliance,40 CFR,Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small,Minority, and Women's Business Enterprises(MBE/WBE)40CFR,Part 33 in procurement under this agreement. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race,color,national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. The RECIPIENT shall comply with all federal and state nondiscrimination laws,including,but not limited to Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973,Title IX of the Education Amendments of 1972,the Age Discrimination Act of 1975,and Chapter 49.60 RCW,Washington's Law Against Discrimination,and 42 U.S.C. 12101 et seq,the Americans with Disabilities Act(ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation,or policy,this agreement may be rescinded,canceled,or terminated in whole or in part,and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall,however,be given a reasonable time in which to cure this noncompliance. Six Good Faith Efforts,40 CFR,Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction,equipment, services and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1)Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs,this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2)Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time Version 10/30/2015