2021/06/30 Council Agenda Packet

Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B' attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified film they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan' and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE firms maximum practicable opportunities. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all films (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance corn program. Payment information shall identify any DBE Participation. Non -minority, woman owned DBEs does not count towards UDBE goal attainment All Reports, PS&E materials and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files prepared by the CONSULTANT must meet the requirements as outlined in Exhibit "C — Preparatron and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or tetminatron of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name Christina Anna Curtis, P.E. Agency City of Everett Public Works Department Address: 3200 Cedar Street City: Everett State: WA Zip: 98201 Email CCurtis@everettwa.gov Phone: 425.257.8855 Facsimile: If to CONSULTANT: Name: Brett Schock, PE, AICP, RSP2i, ENV SP Agency Transpo Group USA, Inc. Address: 12131 113th Ave NE, Suite 203 City: Kirkland State: WA Zip: 98034 Email Brett.Schock@transpogroup.com Phone* 425.896.5229 Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the teirms of this AGREEMENT until authorized in writing by the AGENCY All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date.' The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: LA-9863 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 Agreement Revised 01/01/2020