Washington State Department of Ecology 4/29/2019

State of Washington Department of Ecology Page 22 of 38 Agreement No: WQC-2019-EverPW-00038 Project Title: Jackson Park Area Stormwater Separation and Treatment Recipient Name: City of Everett Public Works Department 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 G. Electronic and information Technology(EIT)Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program,including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act,codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities,including those who use assistive technology. H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences,meetings,conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act(15 USC 2225a,PL 101-391,as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/to see if a property is in compliance, or to find other information about the Act.Pursuant to 15 USC 2225a. I.Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes,but is not limited to,the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND(SRF)LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1.Financial Capability Assessment Documentation 2. Opinion of RECIPIENT's Legal Council 3.Authorizing Ordinance or Resolution 4.Federal Funding Accountability and Transparency Act(FFATA)Form 5. CWSRF Federal Reporting Information form available in EAGL 6.Fiscal Sustainability Plan Certification Form(only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form A.Alteration and Eligibility of Project: During the term of this agreement,the RECIPIENT(1)shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and(2)shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes,or which would cause a violation of any covenant,condition,or provision herein. B.American Iron and Steel(Buy American): This loan provision applies to projects for the construction,alteration, maintenance,or repair of a"treatment works"as defined in the Federal Water Pollution Control Act(33 USC 1381 et Version 10/30/2015