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Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per <br /> 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the <br /> commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be <br /> shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime <br /> CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) <br /> regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the <br /> total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS <br /> perform a minimum of 30%of the total amount of this AGREEMENT. <br /> In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is <br /> established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is <br /> voluntary,the outreach efforts to provide SBE maximum practicable opportunities are not. <br /> The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) <br /> involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information <br /> shall identify any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal <br /> attainment. <br /> All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. <br /> All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — <br /> Preparation and Delivery of Electronic Engineering and other Data." <br /> All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared <br /> by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for <br /> these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or <br /> on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall <br /> be without liability or legal exposure to the CONSULTANT. <br /> Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other <br /> party by(i)certified mail, return receipt requested, or(ii)by email or facsimile,to the address set forth below: <br /> If to AGENCY: If to CONSULTANT: <br /> Name: Gael Fisk, PE Name: Khashayar Nikzad,PE <br /> Agency: City of Everett Public Works Department Agency: TranTech Engineering,LLC <br /> Address: 3200 Cedar Street Address: 365 - 118th Ave SE- Suite 100 <br /> City: Everett State: WA Zip: 98201 City: Bellevue State: WA Zip: 98005 <br /> Email: gfisk@everettwa.gov Email: knikzad@trantecheng.com <br /> Phone: 425.257.8909 Phone: 425-453-55454 <br /> Facsimile: 425.257.8882 Facsimile: 425-453-6779 <br /> IV. Time for Beginning and Completion <br /> The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by <br /> the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this <br /> AGREEMENT titled"Completion Date." <br /> The established completion time shall not be extended because of any delays attributable to the CONSULTANT, <br /> but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of <br /> unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the <br /> CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the <br /> established completion time. <br /> Agreement Number: <br /> Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 <br /> Agreement Revised 08/15/2019 <br />