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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. <br />Name: Lucas Huck <br />Agency: Kittitas County <br />Address: 411 North Ruby, Suite 1 <br />City: Ellensburg State: WA Zip: 98942 <br />Email. Lucas.Huck@co.kittitas.wa.us <br />Phone: 509-962-7523 <br />Facsimile: 509-962-7663 <br />IV. Time for Beginning and Completion <br />If to CONSULTANT: <br />Name: Thomas H. Whiteman <br />Agency: KPFF Consulting Engineers <br />Address: 1601 Fifth Ave, Suite 1600 <br />City: Seattle State: WA Zip: 98036 <br />Email: Tom.Whiteman@kpffcom <br />Phone: 206-622-5822 <br />Facsimile: <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 conform to the criteria agreed upon detailed in the <br />AGREEMENT documents. These SERVICES must 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: KCPW 2017-19ENG2 <br />LocalAgencyAAE Profession! Services Negotiated Hourly Rate Consultant Agreement Page 3 of 14 <br />n....e--r iunlnn�r <br />