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Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, <br /> per 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 <br /> be 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)regulation <br /> outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount <br /> of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform <br /> a minimum of 30% of the total amount of this AGREEMENT. <br /> The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE <br /> firms invoiced for this AGREEMENT. <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 be <br /> 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: Steve Carsten, PE Name: Jay Hueter <br /> Agency: City of Tukwila- Public Works Dept Agency: Jacobs Project Management Co <br /> Address: 6300 Southcenter Boulevard Address: 600 - 108th Ave NE, Suite 700 <br /> City: Tukwila State: WA Zip: 98188 City: Bellevue State: WA Zip: 98004 <br /> Email: Steve.Carstens(a7TukwilaWA.gov Email: jay.hueter(a�jacobs.com <br /> Phone: (206) 431-2446 (ext 1646) Phone: 425-990-6854 <br /> Facsimile: 206-431-3665 Facsimile: N/A <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 <br /> by 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 established <br /> completion time. <br /> Agreement Number: <br /> Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 <br /> Revised 311112016 20 <br />