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with the United States mail properly addressed; or (d) the next day when delivered during business hours to an overnight delivery service, properly addressed and prior to such delivery service's cut off time for next day delivery. The PARTIES acknowledge that Notices delivered by facsimile shall not be effective.

B. As required by IC § 4-13-2-14.8, payments to the LPA shall be made via electronic funds transfer in accordance with instructions filed by the LPA with the Indiana State Comptroller.

RECITALS

WHEREAS, the LPA has submitted an application to receive federal funds for the project described in Attachment A (the "Project"), which is attached herein and made an integral part of this Contract; and

WHEREAS, INDOT has approved of the LPA's application for federal funding, and the PARTIES desire to enter into this Contract to establish the responsibilities for the Project; and

WHEREAS, the LPA shall be responsible for its share of the Project cost as stated in this Contract, and

WHEREAS, the LPA desires to expedite delivery of the Project, comply with all federal requirements and fiscally manage the Project; and

WHEREAS, the PARTIES have determined the Project is in the best interests of the citizens of the State of Indiana; and

WHEREAS, the PARTIES execute this Contract pursuant to Indiana Code §§ 8-23-2-5, 8-23-2-6, 8-23-4-7, 36-1-4-7, and 36-1-7-3, and Titles 23 and 49 of the United States Code and Titles 23 and 49 of the Code of Federal Regulations.

NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the LPA and INDOT agree as follows:

I. PROJECT DESCRIPTION.

1.1.

The PARTIES are entering into this Contract to complete the Project described as follows:

Des. No.

2501417

Type of Project:

Bridge Replacement

General Scope/Location:

Bridge 509, Delaware County on McGalliard Road over Muncie Creek

II. LPA RESPONSIBILITIES.

2.1.

The LPA shall complete the Project in accordance with INDOT's Design Manual (See https://www.in.gov/indot/doing-business-with-indot/consultants/designers/) and all pertinent state and federal laws, regulations, policies and guidance, including the INDOT's LPA Guidance Document (See https://www.in.gov/indot/doing-business-with-indot/local-public-agency-programs/). The LPA or its consultant shall prepare the environmental document(s) for the Project in accordance with INDOT's Environmental Manual (See https://www.in.gov/indot/engineering/environmental-services/). Land acquisition for the Project by the LPA or its consultant shall be in accordance with INDOT's Real Estate Manuals (See https://www.in.gov/indot/resources/manuals/real-estate-manual-and-resources/).