reglab/housing_qa huggingface dataset:
IN Code § 36-1-12-1.2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-1.2. Definitions

Sec. 1.2. The following definitions apply throughout this chapter:(1) "Board" means the board or officer of a political subdivision or an agency having the power to award contracts for public work.(2) "Contractor" means a person who is a party to a public work contract with the board.(3) "Subcontractor" means a person who is a party to a contract with the contractor and furnishes and performs labor on the public work project. The term includes material men who supply contractors or subcontractors.(4) "Escrowed income" means the value of all property held in an escrow account over the escrowed principal in the account.(5) "Escrowed principal" means the value of all cash and securities or other property placed in an escrow account.(6) "Operating agreement" has the meaning set forth in IC 5-23-2-7.(7) "Person" means any association, corporation, limited liability company, fiduciary, individual, joint venture, partnership, sole proprietorship, or any other legal entity.(8) "Property" means all:(A) personal property, fixtures, furnishings, inventory, and equipment; and(B) real property.(9) "Public fund" means all funds that are:(A) derived from the established revenue sources of a political subdivision or an agency of a political subdivision; and(B) deposited in a general or special fund of a municipal corporation, or another political subdivision or agency of a political subdivision.The term does not include funds received by a person under a duly authorized public-private agreement under IC 5-23 or proceeds of bonds payable exclusively by a private entity.(10) "Retainage" means the amount to be withheld from a payment to the contractor or subcontractor until the occurrence of a specified event.(11) "Specifications" means a description of the physical characteristics, functional characteristics, extent, or nature of any public work required by the board.(12) "Substantial completion" refers to the date when the construction of a structure is sufficiently completed, in accordance with the plans and specifications, as modified by any complete change orders agreed to by the parties, so that it can be occupied for the use for which it was intended.As added by P.L.329-1985, SEC.9. Amended by P.L.82-1995, SEC.13; P.L.73-1995, SEC.3; P.L.49-1997, SEC.74; P.L.91-2014, SEC.34; P.L.255-2017, SEC.34.
IN Code § 36-1-12-2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-2. "Public Work"

Sec. 2. (a) As used in this chapter, "public work" means the construction, reconstruction, alteration, or renovation of a public building, airport facility, or other structure that is paid for out of a public fund or out of a special assessment. The term includes the construction, alteration, or repair of a highway, street, alley, bridge, sewer, drain, or other improvement that is paid for out of a public fund or out of a special assessment. The term also includes any public work leased by a political subdivision under a lease containing an option to purchase.(b) The term does not include work involved in an extension or installation of utility infrastructure described in section 1(g) of this chapter.[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]As added by Acts 1981, P.L.57, SEC.38. Amended by Acts 1981, P.L.56, SEC.2; P.L.329-1985, SEC.12; P.L.337-1987, SEC.1; P.L.91-2017, SEC.10.
IN Code § 36-1-12-3.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-3.5. Contracts for Engineering, Architectural, or Accounting Services; Applicability of Restrictions of General Statutes

Sec. 3.5. When any public work is proposed to be performed and the board determines by a two-thirds (2/3) vote that it is expedient and in the best public interest to employ professional engineering, architectural, or accounting services for the planning and financing of the public work and the preparation of plans and specifications, then the limitations and restrictions in the general statutes with respect to invalidity of contracts without an appropriation therefor, payment of fees solely from the proceeds of bonds or assessments when and if issued, and payment of fees solely from a special fund or funds to be provided in the future, do not apply to contracts for those professional services to the extent that such limitations and restrictions might otherwise prevent the payment of fees for services actually rendered in connection with those contracts or affect the obligation to pay those fees.As added by Acts 1982, P.L.33, SEC.16.
IN Code § 36-1-12-4.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-4.5. Bond or Certified Check; Filing by Bidders

Sec. 4.5. (a) The political subdivision or agency:(1) shall require a bond or a certified check to be filed with each bid by a bidder in the amount determined and specified by the board in the notice of the letting if the cost of the public work is estimated to be more than two hundred thousand dollars ($200,000); and(2) may require a bond or a certified check to be filed with each bid by a bidder in the amount determined and specified by the board in the notice of the letting if the cost of the public work is estimated to be not more than two hundred thousand dollars ($200,000).(b) The amount of the bond or certified check may not be set at more than ten percent (10%) of the contract price. The bond or certified check shall be made payable to the political subdivision or agency.(c) All checks of unsuccessful bidders shall be returned to them by the board upon selection of successful bidders. Checks of successful bidders shall be held until delivery of the performance bond, as provided in section 14(e) of this chapter.As added by P.L.329-1985, SEC.18. Amended by P.L.133-2007, SEC.12.
IN Code § 36-1-12-4.7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-4.7. Procedures for Inviting Quotes; Applicable Dollar Amounts

Sec. 4.7. (a) This section applies whenever a public work project is estimated to cost at least fifty thousand dollars ($50,000) and less than one hundred fifty thousand dollars ($150,000).(b) The board must proceed under the following provisions:(1) The board shall invite quotes from at least three (3) persons known to deal in the class of work proposed to be done by mailing them a notice stating that plans and specifications are on file in a specified office. The notice must be mailed not less than seven (7) days before the time fixed for receiving quotes.(2) The board may not require a person to submit a quote before the meeting at which quotes are to be received. The meeting for receiving quotes must be open to the public. All quotes received shall be opened publicly and read aloud at the time and place designated and not before.(3) The board shall award the contract for the public work to the lowest responsible and responsive quoter.(4) The board may reject all quotes submitted.As added by P.L.82-1995, SEC.16. Amended by P.L.22-2001, SEC.2; P.L.1-2002, SEC.154; P.L.169-2006, SEC.49; P.L.195-2007, SEC.7; P.L.172-2011, SEC.140; P.L.17-2012, SEC.3; P.L.67-2012, SEC.3; P.L.43-2019, SEC.3.
IN Code § 36-1-12-4.9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-4.9. Alternate Procedures for Projects Costing Less Than $150,000

Sec. 4.9. (a) This section applies to a public work for the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property if the cost of the public work is estimated to be less than one hundred fifty thousand dollars ($150,000).(b) The board may award a contract for public work described in subsection (a) in the manner provided in IC 5-22.As added by P.L.176-2009, SEC.24.
IN Code § 36-1-12-6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-6. Contracts; Notice to Proceed; Failure to Award and Execute Contract and to Issue Notice; Election by Bidder to Reject Contract

Sec. 6. (a) Except as provided in subsections (b) and (c), the board shall award the contract and shall provide the successful bidder with written notice to proceed within sixty (60) days after the date on which bids are opened.(b) If general obligation bonds are to be sold to finance the construction that is the subject of the bid, the board shall allow the bidder ninety (90) days.(c) If revenue bonds are to be issued, when approved by the utility regulatory commission, or if special taxing district, special benefit, or revenue bonds are to be issued and sold to finance the construction, the board shall allow the bidder one hundred fifty (150) days.(d) A failure to award and execute the contract and to issue notice within the time required by this section entitles the successful bidder to:(1) reject the contract and withdraw the successful bidder's bid without prejudice; or(2) extend the time to award the contract and provide notice to proceed at an agreed later date.If the successful bidder elects to reject the contract and withdraw the bidder's bid, notice of that election must be given to the board in writing within fifteen (15) days of the sixty (60) day expiration date or any other extension date.[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.23-1988, SEC.116; P.L.127-2017, SEC.16.
IN Code § 36-1-12-7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-7. Public Buildings; Approval of Plans and Specifications by Licensed Architect or Engineer

Sec. 7. Public work performed or contracted for on a public building, the cost of which is more than one hundred thousand dollars ($100,000) may be undertaken by the board only in accordance with plans and specifications approved by an architect or engineer licensed under IC 25-4 or IC 25-31.[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.3-1989, SEC.225; P.L.312-1995, SEC.1.
IN Code § 36-1-12-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-8. Road, Street, or Bridge Work; Open Price Provisions; Price Adjustments of Materials; Limitations

Sec. 8. The board may award a public work contract for road, street, or bridge work subject to the open price provisions of IC 26-1-2-305. The contract may provide that prices for construction materials are subject to price of materials adjustment. When price adjustments are part of the contract, the method of price adjustments shall be specified in the contract. However, this section does not authorize the expenditure of money above the total amount of money appropriated by the political subdivision or agency for road, street, or bridge contracts.[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.329-1985, SEC.20.
IN Code § 36-1-12-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-9. Emergencies; Contracts by Invitation

Sec. 9. (a) The board, upon a declaration of emergency, may contract for a public work project without advertising for bids if bids or quotes are invited from at least two (2) persons known to deal in the public work required to be done.(b) The minutes of the board must show the declaration of emergency and the names of the persons invited to bid or provide quotes.[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.329-1985, SEC.21.
IN Code § 36-1-12-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-10. Plans and Specifications; Approval by Various Agencies

Sec. 10. All plans and specifications for public buildings must be approved by the state department of health, the department of homeland security, and other state agencies designated by statute.[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.8-1984, SEC.123; P.L.2-1992, SEC.886; P.L.1-2006, SEC.553; P.L.187-2021, SEC.137.
IN Code § 36-1-12-11 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-11. Completion of Project; Procedure

Sec. 11. (a) The board must, within sixty (60) days after the completion of the public work project, file in the department of homeland security a complete set of final record drawings for the public work project. However, this requirement does not apply to a public work project constructed at a cost less than one hundred thousand dollars ($100,000). In addition, the filing of the drawings is required only if the project involves a public building.(b) The department of homeland security shall provide a depository for all final record drawings filed, and retain them for inspection and loan under regulated conditions. The fire prevention and building safety commission may designate the librarian of Indiana as the custodian of the final record drawings. The librarian shall preserve the final record drawings in the state archives as public documents.[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.8-1984, SEC.124; P.L.329-1985, SEC.22; P.L.1-2006, SEC.554; P.L.187-2021, SEC.138.
IN Code § 36-1-12-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-12. Final Payment; Requirements; Claims by Subcontractors, Laborers, or Suppliers; Disputes

Sec. 12. (a) When a public work project is to be performed, the board shall withhold final payment to the contractor until the contractor has paid the subcontractors, material suppliers, laborers, and those furnishing services. However, if there is not a sufficient sum owed to the contractor to pay those bills, the sum owed to the contractor shall be prorated in payment of the bills among the claimants entitled to payment.(b) To receive payment a subcontractor, material supplier, laborer, or person furnishing services must file a claim with the board not later than sixty (60) days after that person performed the last labor, furnished the last material, or performed the last service as provided in section 13 of this chapter.(c) If there is no dispute among the claimants, the board shall pay the claim from the money due the contractor and deduct the amount of the claims from the contract price. The board shall take a receipt for each payment made on a claim.(d) If there is a dispute among the claimants, the board shall retain sufficient money to pay the claims until the dispute is settled and the correct amount is determined. However, the board may make a final and complete settlement with the contractor after thirty (30) days after the date of the completion and acceptance of the public work if the contractor has materially fulfilled all of its obligations under the public works contract.(e) If the board receives a claim from a subcontractor or a material supplier under this section, the board shall withhold the amount of the claim until the claim is resolved under this section.(f) A claim form must be signed by an individual from the political subdivision or agency who is directly responsible for the project and who can verify:(1) the quantity of a purchased item; or(2) the weight or volume of the material applied, in the case of a road, street, or bridge project.[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.329-1985, SEC.23; P.L.75-2012, SEC.9.
IN Code § 36-1-12-13 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-13. Contract Provision for Payment of Subcontractors, Laborers, or Suppliers

Sec. 13. A contract for public work must contain a provision for the payment of subcontractors, laborers, material suppliers, and those performing services. The board shall withhold money from the contract price in a sufficient amount to pay the subcontractors, laborers, material suppliers, and those furnishing services.[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.337-1987, SEC.3.
IN Code § 36-1-12-15 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-15. Contractor Requirements; Antidiscrimination Provisions

Sec. 15. (a) A contract by the board for public work must conform to IC 5-16-13.(b) A contract by the board for public work must conform with the antidiscrimination provisions of IC 5-16-6. The board may consider a violation of IC 5-16-6 a material breach of the contract, as provided in IC 22-9-1-10.[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.252-2015, SEC.43.
IN Code § 36-1-12-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-16. Necessity of Compliance With Chapter

Sec. 16. A contract for public work by a political subdivision or agency is void if it is not let in accordance with this chapter.[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]As added by Acts 1981, P.L.57, SEC.38.
IN Code § 36-1-12-17 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-17. Road or Street Work Contracts; Timely Payment of Claims; Final Payment; Interest for Late Payment

Sec. 17. (a) A contract for road or street work must contain a provision for the timely payment of claims made by the contractor.(b) Each contract must provide for final payment within one hundred twenty (120) days after final acceptance and completion of the contract. Final payment may not be made on any amount that is in dispute, but final payment may be made on that part of a contract or those amounts that are not in dispute.(c) For each day after one hundred twenty (120) days, the board shall pay to the contractor interest for late payment of money due to the contractor. However, interest may not be paid for those days that the delay in payment is not directly attributable to the board. The annual percentage rate of interest that the board shall pay on the unpaid balance is twelve percent (12%).As added by P.L.340-1983, SEC.1.
IN Code § 36-1-12-18 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-18. Change or Alteration of Specifications; Change Orders

Sec. 18. (a) If, in the course of the construction, reconstruction, or repair of a public work project, it becomes necessary to change or alter the original specifications, a change order may be issued to add, delete, or change an item or items in the original contract. The change order becomes an addendum to the contract and must be approved and signed by the board and the contractor.(b) If a licensed architect or engineer is assigned to the public work project, the change order must be prepared by that person.(c) A change order may not be issued before commencement of the actual construction, reconstruction, or repairs except in the case of an emergency. In that case, the board must make a declaration, and the board's minutes must show the nature of the emergency.(d) The total of all change orders issued that increase the scope of the project may not exceed twenty percent (20%) of the amount of the original contract. A change order issued as a result of circumstances that could not have been reasonably foreseen does not increase the scope of the project.(e) All change orders must be directly related to the original public work project.(f) If additional units of materials included in the original contract are needed, the cost of these units in the change order must be the same as those shown in the original contract.As added by P.L.329-1985, SEC.24.
IN Code § 36-1-12-19 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-19. Dividing Cost of a Single Public Work Project Into Two or More Projects; Prohibition; Penalty

Sec. 19. (a) For purposes of this section, the cost of a public work project includes the cost of materials, labor, equipment rental, and all other expenses incidental to the performance of the project.(b) The cost of a single public work project may not be divided into two (2) or more projects for the purpose of avoiding the requirement to solicit bids.(c) A bidder or quoter or a person who is a party to a public work contract who knowingly violates this section commits a Class A infraction and may not be a party to or benefit from any contract under this chapter for two (2) years from the date of the conviction.(d) Any board member or officer of a political subdivision or agency who knowingly violates this section commits a Class A infraction.As added by P.L.216-1986, SEC.1.
IN Code § 36-1-12-20 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-20. Trench Safety Systems; Cost Recovery

Sec. 20. (a) This section applies to a public works project that may require creation of a trench of at least five (5) feet in depth.(b) IOSHA regulations 29 C.F.R. 1926, Subpart P, for trench safety systems shall be incorporated into the contract documents for a public works project.(c) The contract documents for a public works project shall provide that the cost for trench safety systems shall be paid for:(1) as a separate pay item; or(2) in the pay item of the principal work with which the safety systems are associated.As added by P.L.26-1989, SEC.21.
IN Code § 36-1-12-21 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-21. Plumbing Installations; Proof of Licensure

Sec. 21. (a) A person who submits a bid for a public works contract under this chapter that involves the installation of plumbing must submit evidence that the person is a licensed plumbing contractor under IC 25-28.5-1.(b) If a public works contract under this chapter is awarded to a person who does not meet the requirements of subsection (a), the contract is void.As added by P.L.20-1991, SEC.13.
IN Code § 36-1-12-23 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-23. Application of Ic 5-22-16.5 to Award of Contracts Under Article

Sec. 23. (a) IC 5-22-16.5 (Disqualification of Contractors Dealing with the Government of Iran) applies to the awarding of contracts, including contracts for professional services, under this chapter.(b) For purposes of applying IC 5-22-16.5 to contracts awarded under this chapter, the following apply:(1) A reference to an "offer" in IC 5-22-16.5 refers to:(A) a bid for a contract; or(B) a proposal to provide professional services;under this chapter.(2) A person may not be awarded a contract under this chapter if the person would be disqualified from being awarded a contract under IC 5-22-16.5.(3) The procedures, rights, and application of penalties described in IC 5-22-16.5 shall be applied in the context of this chapter so that the public policy of IC 5-22-16.5 and this chapter are both implemented.As added by P.L.21-2012, SEC.8.