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

,State of Washington Department of Ecology Page 22 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 frames for contracts and establish delivery schedules,where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes,whenever possible,posting solicitations for bids or proposals for a minimum of thirty(30)calendar days before the bid or proposal closing date. 3)Consider in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises.For Indian Tribal, State and Local Government RECIPIENTs,this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4)Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5)Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6)If the prime contractor awards subcontracts,require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT also agrees to submit ECOLOGY's MBE/WBE participation report"Form D"with each payment request. Contract Administration Provisions,40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers,vendors,and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race,color,national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements.Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List,40 CFR, Section 33.501(b)and(c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts,or bid or quote subcontracts,including both MBE/WBEs and non-MBE/WBEs. 1.Entity's name with point of contact 2.Entity's mailing address,telephone number,and e-mail address 3.The procurement on which the entity bid or quoted,and when 4. Entity's status as an MBE/WBE or non-MBE/WBE F.Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions,the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file,the RECIPIENT may send a request to their Ecology's Financial Manager. Version 10/30/2015