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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />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 DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement <br />is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the <br />goal is 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. <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: Name: <br />Agency: Agency: <br />Address: Address: <br />City: State: Zip: City: State: Zip: <br />Email: Email: <br />Phone: Phone: <br />Facsimile: Facsimile: <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 />Page 3 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant <br />Agreement Revised 02/01/2021