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Section 6
<br />Project Records
<br />The CONTRACTOR agrees to establish and maintain for the Project, either a separate set of accounts or, accounts
<br />within the framework of an established accounting system in order to sufficiently and properly reflect all eligible
<br />direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such accounts are referred
<br />to herein collectively as the "Project Account." All costs claimed against the Project Account must be supported by
<br />properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the
<br />nature and propriety of the costs claimed.
<br />Section 7
<br />Progress Reports
<br />The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT may adequately and
<br />accurately assess the progress made under the terms of this AGREEMENT. The progress reports shall be prepared as
<br />prescribed by WSDOT on the forms provided in Exhibit 2, "Project Progress Report" and/or as provided and modified
<br />by WSDOT staff, attached hereto and by this reference incorporated into this AGREEMENT. The CONTRACTOR
<br />shall provide a final progress report, as prescribed in Exhibit 4, "Final Project Progress Report" and/or as provided by
<br />WSDOT staff, attached hereto and by this reference incorporated into this AGREEMENT, with any changes to the
<br />form applied according to the agreement modification process in Section 9. Progress reports shall be submitted to
<br />WSDOT no later than forty-five (45) days from the end of each calendar quarter.
<br />Section 8
<br />Audits, Inspections, and Records Retention
<br />WSDOT, the State Auditor, and any of their representatives, shall have full access to and the right to examine, during
<br />normal business hours and as often as they deem necessary, all of the CONTRACTOR's records with respect to all
<br />matters covered by this AGREEMENT. Such representatives shall be permitted to audit, examine and make excerpts
<br />or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters
<br />covered by this AGREEMENT. In order to facilitate any audits and inspections, the CONTRACTOR shall retain all
<br />documents, papers, accounting records, and other materials pertaining to this AGREEMENT for six (6) years from
<br />the date of completion of the Project or the Project final payment date. However, in case of audit or litigation
<br />extending past that six (6) years period, then the CONTRACTOR must retain all records until the audit or litigation
<br />is completed. The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any subcontractors
<br />of CONTRACTOR comply with the provisions of this section and provide, WSDOT, the State Auditor, and any of
<br />their representatives, access to such records within the scope of this AGREEMENT.
<br />Section 9
<br />Agreement Modifications
<br />A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Project. Such
<br />changes that are mutually agreed upon shall be incorporated as written amendments to this AGREEMENT. No
<br />variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by
<br />authorized representatives of the PARTIES hereto, provided, however, that changes to the project title, federal ID
<br />number, UPIN the contact person of either PARTY, or dollar amount changes that do not affect the project total cost,
<br />will not require a written amendment, but will be approved and documented by WSDOT through an administrative
<br />revision. WSDOT shall notify the CONTRACTOR of the revision in writing.
<br />B. If an increase in funding by the funding source augments the CONTRACTOR's allocation of funding under
<br />this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT,
<br />providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such increase
<br />in funding.
<br />C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation of funding under
<br />this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT
<br />providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such
<br />reduction of funding.
<br />Section 10
<br />Recapture Provision
<br />In the event that the CONTRACTOR fails to expend State Funds in accordance with state law and/or the provisions
<br />of this AGREEMENT, WSDOT reserves the right to recapture State Funds in an amount equivalent to the extent of
<br />noncompliance. The CONTRACTOR agrees to repay such State Funds under this recapture provision within thirty
<br />(30) days of demand.
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