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<br />4.1. INDOT will not share in the cost of the Project. INDOT will disburse funds from time to time;
<br />however, INDOT will be reimbursed by the Federal Highway Administration (FHWA) or the LPA.
<br />Payment will be made for the services performed under this Contract in accordance with Attachment
<br />A (Project Funds).
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<br />V. TERM AND SCHEDULE.
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<br />5.1. If the LPA has the plans, special provisions, and cost estimate (list of pay items, quantities, and unit
<br />prices) for the Project ready such that federal funds can be obligated (INDOT obligates the funds
<br />about 7 weeks before the date bids are opened for the construction contract), between July 1, 2023
<br />and June 30, 2024, INDOT will make the federal funds shown in Section I.B. and/or Section I.C. of
<br />Attachment A available for the Project, provided the Project is eligible, and provided the federal
<br />funds shown in Section I.B. of Attachment A are available.
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<br />5.2. In the event that federal funds for the Project are not obligated during the time listed in Section 5.1, but
<br />the LPA has the plans, special provisions, and cost estimate for the Project ready such that federa l
<br />funds can be obligated between July 1, 2024 and June 30, 2026, INDOT will schedule the contract for
<br />letting, provided the Project is eligible, and provided the federal funds shown in Section I.B. and/or
<br />section I.C of Attachment A are available.
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<br />5.3. In the event that federal funds for the Project are not obligated during the period listed in Section 5.1 or
<br />Section 5.2, the federal funds allocated to the Project may be obligated in the fiscal year chosen by
<br />INDOT or the federal funds allocated to the Project will lapse. If the LPA provides notice to INDOT
<br />that any purchase order can be closed for any phase of the Project, then the federal funds that had been
<br />obligated and/or allocated to the Project shall be forfeited by the LPA as of the date of the notice. If a
<br />purchase order for any phase goes inactive after nine months, the federal funds shall be forfeited by the
<br />LPA.
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<br />5.4. If the Program is Group I or Group II, Sections 5.1, 5.2 and 5.3 do not apply, but will be obligated
<br />according to the fiscal year programmed in the most current MPO TIP, provided the MPO funding is
<br />within their fiscal year allocation.
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<br />VI. GENERAL PROVISIONS
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<br />6.1. Access to Records . The LPA shall maintain all books, documents, papers, correspondence,
<br />accounting records and other evidence pertaining to the cost incurred under this Contract, and shall
<br />make such materials available at their respective offices at all reasonable times during the period of
<br />this Contract and for five (5) years from the date of final payment under the terms of thi s Contract,
<br />for inspection or audit by INDOT and/or the Federal Highway Administration ("FHWA") or its
<br />authorized representative, and copies thereof shall be furnished free of charge, if requested by
<br />INDOT, and/or FHWA. The LPA agrees that, upon request b y any agency participating in federally -
<br />assisted programs with whom the LPA has contracted or seeks to contract, the LPA may release or
<br />make available to the agency any working papers from an audit performed by INDOT and/or FHWA
<br />of the LPA in connection with this Contract, including any books, documents, papers, accounting
<br />records and other documentation which support or form the basis for the audit conclusions and
<br />judgments.
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<br />6.2 . Assignment of Antitrust Claims . As part of the consideration for the award of this Contract, the
<br />LPA assigns to the State all right, title and interest in and to any claims the LPA now has, or may
<br />acquire, under state or federal antitrust laws relating to the products or services which are the subject
<br />of this Contract.
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<br />6.3. Audi ts . The LPA acknowledges that it may be required to submit to an audit of funds paid through
<br />this Contract. Any such audit shall be conducted in accordance with IC §5 -11-1, et seq., and audit
<br />DocuSign Envelope ID: 40B33FC5-11C0-4143-818C-D6F82D8FD525
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