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I ` <br /> Stale of Washington Department of Ecology Page 33 of 41 <br /> Agreement No: WQC-2016-EverPW-00014 <br /> Project Title: Cleveland Ave.Sewer Replacement and Stormwater Separation <br /> Recipient Name: City of Everett-Public Works Department <br /> GENERAL TERMS AND CONDITIONS <br /> Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology <br /> 1. ADMINISTRATIVE REQUIREMENTS <br /> a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL <br /> Edition". https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.html <br /> b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper <br /> management of all funds and resources made available under this Agreement. <br /> c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring <br /> all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right <br /> to request proof of compliance by subgrantees and contractors. <br /> d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the <br /> extent and character of all work and services. <br /> 2. AMENDMENTS AND MODIFICATIONS <br /> This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No <br /> subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and <br /> signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff <br /> contacts and administrative information without the concurrence of either party. <br /> 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES <br /> RECIPIENT shall take reasonable action to avoid,minimize,or mitigate adverse effects to archeological or cultural <br /> resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to <br /> approval by ECOLOGY. <br /> RECIPIENT shall: <br /> a) Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while <br /> conducting work under this Agreement. <br /> b) Immediately notify the Department of Archaeology and Historic Preservation at(360)586-3064, in the event <br /> historical or cultural artifacts are discovered at a work site. <br /> c) Comply with Governor Executive Order 05-05,Archaeology and Cultural Resources, for any capital construction <br /> projects prior to the start of any work. <br /> d) Comply with RCW 27.53,Archaeological Sites and Resources,for any work performed under this Agreement,as <br /> applicable. National Historic Preservation Act(NHPA)may require the RECIPIENT to obtain a permit pursuant to <br /> Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact cultural or historic properties. <br /> 4. ASSIGNMENT <br /> No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. <br /> 5. COMMUNICATION <br /> RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, <br /> ECOLOGY,all affected local, state,or federal jurisdictions,and any interested individuals or groups. <br /> 6. COMPENSATION <br /> a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the <br /> Version 10/30/2015 <br />