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VI. Sub -Contracting <br />The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by <br />this reference made part of this AGREEMENT. <br />The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without <br />prior written permission of the AGENCY. No permission for subcontracting skull create, between the AGENCY <br />and sub -consultant, any contract or any other relationship. <br />Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached <br />hereto and by this reference made part of this AGREEMENT. <br />The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - <br />consultant cost estimate unless a prior written approval has been issued by the AGENCY. <br />All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant <br />shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be <br />memorialized in a final written acknowledgement between the parties. <br />All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require <br />each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With <br />respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's <br />Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. <br />The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national <br />origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable <br />requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the <br />CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the <br />termination of this AGREEMENT or such other remedy as the recipient deems appropriate. <br />Vii. Employment and Organizational Conflict of Interest <br />The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona <br />fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or <br />agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any <br />fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the <br />award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul <br />this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration <br />or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. <br />Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work <br />or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the <br />CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's <br />Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made <br />by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other <br />persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation <br />and responsibility of the CONSULTANT. <br />The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this <br />AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this <br />AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly <br />retired employees, without written consent of the public employer of such person if he/she will be working on this <br />AGREEMENT for the CONSULTANT. <br />Agreement Number: KCPW 17-19GEOI <br />Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agnmment Page 6 of 14 <br />Revised 411012015 <br />