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Version 6-8-2017 <br />2 <br />SECTION VI GENERAL PROVISIONS <br />1. Access to Records. The CONSULTANT and any SUB-CONSULTANTS shall maintain all books, <br />documents, papers, correspondence, accounting records and other evidence pertaining to the cost <br />incurred under this Contract, and shall make such materials available at their respective offices at all <br />reasonable times during the period of this Contract and for five (5) years from the date of final <br />payment under the terms of this Contract, for inspection or audit by the LPA, INDOT and/or the <br />Federal Highway Administration (“FHWA”) or its authorized representative, and copies thereof shall <br />be furnished free of charge, if requested by the LPA, INDOT, and/or FHWA. The CONSULTANT <br />agrees that, upon request by any agency participating in federally-assisted programs with whom the <br />CONSULTANT has contracted or seeks to contract, the CONSULTANT may release or make <br />available to the agency any working papers from an audit performed by the LPA, INDOT and/or <br />FHWA of the CONSULTANT and its SUB-CONSULTANTS in connection with this Contract, <br />including any books, documents, papers, accounting records and other documentation which support <br />or form the basis for the audit conclusions and judgments. <br />2. Assignment; Successors. <br />A. The CONSULTANT binds its successors and assignees to all the terms and conditions of this <br />Contract. The CONSULTANT shall not assign or subcontract the whole or any part of this <br />Contract without the LPA’s prior written consent, except that the CONSULTANT may assign <br />its right to receive payments to such third parties as the CONSULTANT may desire without the <br />prior written consent of the LPA, provided that the CONSULTANT gives written notice <br />(including evidence of such assignment) to the LPA thirty (30) days in advance of any payment <br />so assigned. The assignment shall cover all unpaid amounts under this Contract and shall not <br />be made to more than one party. <br />B. Any substitution of SUB-CONSULTANTS must first be approved and receive written <br />authorization from the LPA. Any substitution or termination of a Disadvantaged Business <br />Enterprise (“DBE”) SUB-CONSULTANT must first be approved and receive written <br />authorization from the LPA and INDOT’s Economic Opportunity Division Director. <br />3. Audit. The CONSULTANT acknowledges that it may be required to submit to an audit of funds <br />paid through this Contract. Any such audit shall be conducted in accordance with 48 CFR part 31 and <br />audit guidelines specified by the State and/or in accordance with audit requirements specified <br />elsewhere in this Contract. <br />4. Authority to Bind Consultant. The CONSULTANT warrants that it has the necessary authority to <br />enter into this Contract. The signatory for the CONSULTANT represents that he/she has been duly <br />authorized to execute this Contract on behalf of the CONSULTANT and has obtained all necessary or <br />applicable approval to make this Contract fully binding upon the CONSULTANT when his/her <br />signature is affixed hereto. <br />5. Certification for Federal-Aid Contracts Lobbying Activities. <br />A. The CONSULTANT certifies, by signing and submitting this Contract, to the best of its <br />knowledge and belief after diligent inquiry, and other than as disclosed in writing to the LPA <br />prior to or contemporaneously with the execution and delivery of this Contract by the <br />CONSULTANT, the CONSULTANT has complied with Section 1352, Title 31, U.S. Code, <br />and specifically, that: <br />i. No federal appropriated funds have been paid, or will be paid, by or on behalf of the <br />CONSULTANT to any person for influencing or attempting to influence an officer or <br />employee of any federal agency, a Member of Congress, an officer or employee of <br />Congress, or an employee of a Member of Congress in connection with the awarding of <br />any federal contracts, the making of any federal grant, the making of any federal loan, the