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WITNESSETH THAT:
<br /> WHEREAS,the AGENCY desires to accomplish the above referenced project, and
<br /> WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
<br /> advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
<br /> and
<br /> WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to
<br /> professional registration,if applicable,and has signified a willingness to furnish Consulting services to the AGENCY,
<br /> NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached
<br /> and incorporated and made a part hereof,the parties hereto agree as follows:
<br /> I General Description of Work
<br /> The work under this AGREEMENT shall consist of the above described work and services as herein defined and
<br /> necessary to accomplish the completed work for this PROJECT.The CONSULTANT shall furnish all services,labor,and
<br /> related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
<br /> II Scope of Work
<br /> The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and
<br /> by this reference made a part of this AGREEMENT.
<br /> Ill General Requirements
<br /> All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive
<br /> advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be
<br /> coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings
<br /> with the AGENCY and/or such Federal, State,Community,City or County officials,groups or individuals as may be
<br /> requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
<br /> CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and
<br /> the CONSULTANT and shown in Exhibit"A."
<br /> The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in
<br /> written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
<br /> progress of the work can easily be evaluated.
<br /> The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on the basis of race,color,national origin,or
<br /> sex in the performance of this contract.The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable
<br /> requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts.Failure by the
<br /> CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
<br /> termination of this AGREEMENT.
<br /> Participation for Disadvantaged Business Enterprises(DBE),if required,per 49 CFR Part 26,or participation of Minority
<br /> Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this
<br /> AGREEMENT.If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be
<br /> shown on Exhibit"B"attached hereto and by this reference made a part of this AGREEMENT:If the Prime
<br /> CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the
<br /> AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those
<br /> established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
<br /> AGENCY.
<br /> All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.All
<br /> electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C."
<br /> All designs,drawings, specifications,documents,and other work products,including all electronic files,prepared by the
<br /> CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
<br /> and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY
<br /> of any such instruments of service,not occurring as a part of this PROJECT,shall be without liability or legal exposure to
<br /> the CONSULTANT.
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