Washington State Department of Ecology 4/29/2019

• State of Washington Department of Ecology Page 26 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 RECIPIENT"to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N.Prevailing Wage(Davis-Bacon Act): The RECIPIENT agrees,by signing this agreement,to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction,alteration,and repair of treatment works carried out,in whole or in part,with assistance made available by the State Revolving Fund as authorized by Section 513,title VI of the Federal Water Pollution Control Act(33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids,proposals,quotes or other methods for soliciting contracts(solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of$2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis-Bacon Act,and make such records available for review upon request. The RECIPIENT also agrees,by signing this agreement,to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW,as applicable. Compliance may include the determination whether the project involves"public work"and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW,and make such records available for review upon request. O.Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the"General Comments"text box of each progress report. "We verify that we are in compliance with all the requirements as outlined in our funding agreement(s)with the Department of Ecology. This includes but is not limited to: -The Davis-Bacon Act,29 CFR(If applicable) -Washington State Prevailing Wage Rate,Chapter 39.12 RCW(Pertaining to all recipients) -The Disadvantaged Business Enterprise(DBE),40 CFR,Part 33" P.Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were,when made,and are,as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT,the project,the loan,or this agreement known to the RECIPIENT,which has not been disclosed in writing to ECOLOGY. Existence;Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver,and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments,affecting the fmancial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan,have occurred since the date of this loan agreement. Any changes in the RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell,transfer,or otherwise dispose of any of the works,plant,properties,facilities,or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility,or have become unserviceable,inadequate,obsolete,or unfit to be used in the operation of the funded Utility or are no longer necessary,material,or useful to the operation of the funded Utility;or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility;or Version 10/30/2015