Indiana § 36-9-42.2-5 Program established

Indiana Statutes

§ 36-9-42.2-5 — Program established

Indiana § 36-9-42.2-5

Title 36LOCAL GOVERNMENT

Art. 9TRANSPORTATION AND PUBLIC WORKS

Ch. 42.2Federal Fund Exchange Program

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Bluebook

Ind. Code § 36-9-42.2-5 (2026).

Text

The federal fund exchange program is established to provide eligible entities and the department with greater flexibility in funding transportation projects. The department shall administer the program as follows:

(1)Exchanged funds awarded to an eligible entity may be carried over for up to three (3) years at the discretion of the department or the metropolitan planning organization, whichever is applicable.

(2)Exchanged funds may be expended for any transportation purpose allowable under federal law.

(3)Exchanged funds may be expended on any phase of a project, including:

(A)periodic project oversight services;

(B)construction inspection services; and

(C)reimbursement for items that were conducted before the application or request for exchanged funds or before the award of exchange

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The federal fund exchange program is
established to provide eligible entities and the department with greater
flexibility in funding transportation projects. The department shall
administer the program as follows:
(1) Exchanged funds awarded to an eligible entity may be carried
over for up to three (3) years at the discretion of the department
or the metropolitan planning organization, whichever is
applicable.
(2) Exchanged funds may be expended for any transportation
purpose allowable under federal law.
(3) Exchanged funds may be expended on any phase of a project,
including:
(A) periodic project oversight services;
(B) construction inspection services; and
(C) reimbursement for items that were conducted before the
application or request for exchanged funds or before the award
of exchanged funds.
(4) A recipient of exchanged funds must provide a twenty percent
(20%) local match payable by any available revenue source,
except as provided by federal law. Awards shall be made by the
department or metropolitan planning organization, whichever is
applicable, in an amount that is twenty percent (20%) less than
the total cost of the project to accomplish the required match.
(5) After the initial award of exchanged funds for a project and
before the department's closeout of the project, an eligible entity
may apply to the department or metropolitan planning
organization, whichever is applicable, to be awarded additional
exchanged funds as considered necessary to pay for project
change orders.
(6) All contracts for professional services paid for with exchanged
funds must be made on the basis of competence and qualifications
for the type of services to be performed and compensation shall
be negotiated as the eligible entity determines to be reasonable
after its selection of a consultant or consultants.
(7) Professional services must be performed by an entity that is
prequalified by the department.
(8) The department's design manual must provide guidance for
projects funded with exchanged funds. However, exceptions to
the design manual guidance are permitted at the discretion of the
eligible entity.