David Evans and Associates, Inc. 11/18/2024

D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection E\UHSUHVHQWDWLYHVRIWKH$*(1&<DQGWKH8QLWHG6WDWHVIRUDSHULRGRIVL[\HDUVDIWHUUHFHLSWRI¿QDO payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the 6WDWH$XGLWRU:6'27¶V,QWHUQDO$XGLW2I¿FHDQGRUDWWKHUHTXHVWRIWKH$*(1&<¶V3URMHFW0DQDJHU VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. 7KH6(59,&(6RIWKHVXEFRQVXOWDQWVKDOOQRWH[FHHGLWVPD[LPXPDPRXQWSD\DEOHLGHQWL¿HGLQHDFKVXE consultant cost estimate unless a prior written approval has been issued by the AGENCY. $OOUHLPEXUVDEOHGLUHFWODERULQGLUHFWFRVWUDWHGLUHFWQRQVDODU\FRVWVDQG¿[HGIHHFRVWVIRUWKHVXEFRQVXOWDQW shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be PHPRULDOL]HGLQD¿QDOZULWWHQDFNQRZOHGJHPHQWEHWZHHQWKHSDUWLHV $OOVXEFRQWUDFWVVKDOOFRQWDLQDOODSSOLFDEOHSURYLVLRQVRIWKLV$*5((0(17DQGWKH&2168/7$17VKDOOUHTXLUH each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With UHVSHFWWRVXEFRQVXOWDQWSD\PHQWWKH&2168/7$17VKDOOFRPSO\ZLWKDOODSSOLFDEOHVHFWLRQVRIWKH67$7(¶V 3URPSW3D\PHQWODZVDVVHWIRUWKLQ5&:DQG5&: The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable UHTXLUHPHQWVRI&)53DUWLQWKHDZDUGDQGDGPLQLVWUDWLRQRI'27DVVLVWHGFRQWUDFWV)DLOXUHE\WKH &2168/7$17WRFDUU\RXWWKHVHUHTXLUHPHQWVLVDPDWHULDOEUHDFKRIWKLV$*5((0(17ZKLFKPD\UHVXOWLQWKH termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and 2rgani]ational ConÀict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona ¿GHHPSOR\HHZRUNLQJVROHO\IRUWKH&2168/7$17WRVROLFLWRUVHFXUHWKLVFRQWUDFWDQGWKDWLWKDVQRWSDLGRU DJUHHGWRSD\DQ\FRPSDQ\RUSHUVRQRWKHUWKDQDERQD¿GHHPSOR\HHZRUNLQJVROHO\IRUWKH&2168/7$17DQ\ fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work RUVHUYLFHVUHTXLUHGRIWKH&2168/7$17XQGHUWKLV$*5((0(17VKDOOEHFRQVLGHUHGHPSOR\HHVRIWKH &2168/7$17RQO\DQGQRWRIWKH$*(1&<DQGDQ\DQGDOOFODLPVWKDWPD\DULVHXQGHUDQ\:RUNPHQ¶V Agreement Number: Page 6 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised PW 3829-001