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Page 6 of 16
<br />V. TERM AND SCHEDULE.
<br />
<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 about
<br />7 weeks before the date bids are opened for the construction contract), between July 1, 2025 and June
<br />30, 2026, INDOT will make the federal funds shown in Section I.B. and/or Section I.C. of Attachment
<br />A available for the Project, provided the Project is eligible, and provided the federal funds shown in
<br />Section I.B. of Attachment A are available.
<br />
<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, 2026 and June 30, 2028, 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.
<br />
<br />5.3. In th e 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 Projec t 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 and 5.2 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.
<br />
<br />VI. GENERAL PROVISIONS
<br />
<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.
<br />
<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.
<br />
<br />6.3. Audits . 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 />guidelines specified by the State. The State considers the LPA to be a "sub -recipient" for purposes of
<br />this Contract. However, if required by applicable provisions of the Office of Management and
<br />Budget Circular A -133 (Audits of States, Local Governments, and Non -Profit Organizations),
<br />following the expiration of this Contract the LPA shall arrange for a financial and compliance audit
<br />of funds provided by the State pursuant to this Contract. Such audit is to be conducted by an
<br />independent public or certified public accountant (or as applicable, the Indiana State Board of
<br />Accounts), and performed in accordance with Indiana State Board of Accounts publication entitled
<br />DocuSign Envelope ID: AAC65708-4C44-4919-80AA-162AC09AE04F
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