Washington State Department of Ecology 5/20/2019

State of Washington Department of Ecology Page 24 of 39 Agreement No: WQC-2019-EverPW-00051 Project Title: Reduction of CSOs at Two Snohomish River Outfalls Recipient Name: City of Everett Public Works Department 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 seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings,manhole covers and other municipal castings,hydrants,tanks,flanges,pipe clamps and restraints,valves,structural steel,reinforced precast concrete,and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17,2014. ECOLOGY reserves the right to request documentation of RECIPIENT'S compliance with this provision. C.Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington,including the RECIPIENT's authority,and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D.Equivalency Projects: (For designated equivalency projects only) 1.The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40,U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitlel-chap l l.pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions,the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CW SRF/SignageGuidanceJune2015.pdf. G.Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage,public liability,and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings,equipment,works,plants,facilities,and properties of the Utility as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems,and against such claims for damages as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems,or it shall self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT,to protect it against loss. H.Litigation Authority:No litigation is now pending,or to the RECIPIENT's knowledge,threatened,seeking to restrain,or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues,rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations);or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan(for general obligation-secured loans and general obligation payable from special-assessment-secured loans);or (iv) in any manner questioning the proceedings and authority under which the agreement,the loan,or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked,or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan,unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan Version 10/30/2015