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Page 3 of 16
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<br />2.4. The LPA shall provide all relevant documents including, but not limited to, all plans, specifications,
<br />and special provisions, to INDOT for its review. Upon INDOT's review, the LPA shall modify the
<br />submittal in accordance with INDOT's mo difications or comments, if any. If the LPA fails to
<br />provide a submittal, untimely provides the submittal, or the submittal is not approvable, the schedule,
<br />cost, and federal funds for the Project may be jeopardized.
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<br />2.5. The LPA shall complete all right -of-way acquisition, utility coordination and acquire the necessary
<br />permit(s) and submit documentation of such to INDOT. The utility coordination shall be in
<br />accordance with 105 IAC 13.
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<br />2.6. If the LPA fails to meet any of the requirements of Sections 2.1, 2.2, 2.4, or 2.5 above, INDOT will
<br />not let the construction Project. If INDOT, and FHWA where necessary, approve LPA's submittals,
<br />INDOT shall schedule the Project for letting at the next reasonable date.
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<br />2.7. The cost of the invoice of the construction, utility, and/or railroad work shall be paid by the LPA no
<br />later than thirty (30) calendar days from the date of letting.
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<br />2.8. The LPA shall make timely payments of costs to INDOT to avoid delays and increased costs to the
<br />Project. If the LPA fails to make timely payments of the full amount invoiced by INDOT, within
<br />sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating
<br />to this Contract, including the contracts listed in II.A.1 of Attachment A, which is attached hereto
<br />and incorporated herein by reference, and/or proceed in accordance with I.C. 8 -14 -1 -9 to compel the
<br />Auditor of the State of Indiana to make a mandatory transfer of funds from the LPA's allocation of
<br />the Motor Vehicle Highway Account to INDOT's account.
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<br />2.9. The LPA s hall be responsible for all costs associated with additional provisions and/or expenses in
<br />excess of the federal funds allocated to the Project. The LPA, in conjunction with FHWA (if
<br />applicable) and INDOT shall review and approve all change orders submitte d by the field Project
<br />Engineer/Supervisor, and such approvals shall not be unreasonably withheld.
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<br />2.10. The LPA shall provide competent and adequate engineering, testing, and inspection service to ensure
<br />the performance of the work is in accordance with the co nstruction contract, plans and specifications
<br />and any special provisions or approved change orders. If, in INDOT's opinion, the services
<br />enumerated in this Section are deemed to be incompetent, inadequate or are otherwise insufficient,
<br />or if a dispute aris es, INDOT shall, in its sole discretion, have the right to supplement the services or
<br />replace the engineers or inspectors providing these services at the sole expense of the LPA.
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<br />2.10.1. If project inspection will be provided by full-time LPA employees, the personnel must be
<br />employees of the LPA. Temporary employment or retainage -based payments are not
<br />permissible. INDOT must pre -approve, in writing, the LPA's personnel. Only costs incurred
<br />after INDOT's written notice to proceed to the LPA shall be eligible for f ederal-aid
<br />participation. All claims for federal aid shall be submitted to the District office, referenced
<br />on Page 1 of the Contract for payment.
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<br />2.10.2. If project inspection will be provided by the LPA's consultant, INDOT must approve,
<br />in writing, the consultant personnel prior to their assignment to the Project. The LPA shall
<br />execute a contract with a consultant setting forth the scope of work and fees. The LPA shall
<br />submit this contract to INDOT prior to INDOT's Ready for Contracts date for the Projec t.
<br />Only costs incurred after INDOT's written notice to proceed to the LPA and the LPA's
<br />written notice to proceed to the consultant shall be eligible for federal aid participation. All
<br />claims for federal aid shall be submitted to the District office, refer enced on page 1 of this
<br />Contract for payment.
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<br />DocuSign Envelope ID: 97E20084-65D4-4BAA-95DC-EB1FEEEBDCB9
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