reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-43. Railroad Crossings; Separation of Grades; Multiple Railroads; Payment of Costs

Sec. 43. If two (2) or more railroads, interurban street railroads, or suburban street railroads are located in proximity to each other as to be involved in a single separation of grades, the utility regulatory commission shall pay the half of the cost not paid by the department, apportioned between the railroads, interurban street railroads, or suburban street railroads in proportion as the cost of the separation has been enhanced by the presence of the respective railroads, interurban street railroads, or suburban street railroads.
As added by P.L.18-1990, SEC.218.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-44. Railroad Crossings; Separation of Grades; Maintenance

Sec. 44. After the construction of a separation, the department shall maintain the highway and the structures supporting it and the railroad shall maintain its roadway and track and the structures supporting the same.
As added by P.L.18-1990, SEC.218.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-45. Railroad Crossings; Improvement and Maintenance

Sec. 45. Where the track or tracks of any steam, electric, interurban, or street railroad company occupies any part of a highway that is ordered improved and maintained by the department under this chapter, the railroad company shall improve and maintain, or pay for the cost of improving that part of the highway occupied by its tracks, including the space between the rails, the space between the tracks, if there is more than one (1) track, and the space eighteen (18) inches in width on the outside of the rails. In all cases where practicable, improvement to the full width shall be constructed outside the area occupied by the tracks, and, where not practicable to do so, the department may require the tracks to be removed to that part of the highway outside the area to be so improved.
As added by P.L.18-1990, SEC.218.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-46. Railroad Crossings; Width of Improvements

Sec. 46. Whenever a highway improvement under section 45 of this chapter is made so as to embrace within its limits the tracks of a railroad, interurban, suburban, or street railroad, the improvement shall be made of sufficient width to give as much room for general travel on the side or sides and outside of the tracks as is given in places where there are no tracks within the improvement.
As added by P.L.18-1990, SEC.218.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-47. Railroad Crossings; Election by Railroad Companies to Make or Pay for Improvements

Sec. 47. A railroad company may elect, by written notice filed with the department, not less than twenty (20) days before the date on which the contract for the improvement of a highway is to be let, to improve the part of the highway occupied by its tracks or to pay for the improvement done by the department. If the railroad company elects to improve the part of the highway occupied by its tracks, the company shall perform the work of improving the part of the highway with material and in a manner and according to plans and specifications that the department prescribes and shall commence, proceed with, and complete the work within a time to be fixed by the department. If the railroad company fails to do so, the company is subject to a fine of not to exceed fifty dollars ($50) per day for each and every day that the improvement is not commenced or completed after the date named by the department. If the railroad company elects to pay for the improvement as done by the department, any sums assessed to cover the cost of the improvement, together with all the cost in collecting the costs, including attorney's fees, to be fixed by the court and taxed as costs in the action brought to enforce payment, shall, from the date of filing a statement of the assessment, attested by the department, in the office of the county recorder of the county in which the improvement was made, constitute a lien, to which only the lien of the state for state, county, township, and school taxes is paramount.
As added by P.L.18-1990, SEC.218.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-48. Tearing Up and Disturbing Highways; Permit; Unauthorized Signs and Markers; Violations

Sec. 48. (a) A state highway may not be torn up or otherwise disturbed for any purpose without the written permit of the commissioner and then only in accordance with the regulations prescribed by the commissioner. All work shall be done under the department's supervision, and all the cost of replacing the highway in as good condition as before the highway was disturbed, shall be paid by the person to whom or in whose behalf the permit was given. The department shall mark with proper markers, showing the number of the highway, all state highways, including the routes of the highways through cities and towns, together with the caution and direction signs that the department considers advisable.
(b) It is a Class C infraction for a person to put, place, or maintain within twenty (20) feet of the right-of-way limits of a state highway, outside the limits of a city or town a sign or other device containing the words "stop", "caution", "slow", or any other word or device that also might be construed as a warning to persons using the highway.
(c) It is a Class C infraction for a person to construct or maintain a sign or advertising device within one hundred (100) feet of the right-of-way of such a highway that obstructs the view of the highway of a person traveling the highway for a distance of five hundred (500) feet or less from the sign or device as the person approaches the sign or device. The department may remove unlawful signs, markers, and devices.
As added by P.L.18-1990, SEC.218.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-49. Approaches and Drainage Structures; Construction; Private Facilities

Sec. 49. The construction of public road approaches, drainage structures for the reconstruction of definitely existing private entrances, and the drainage necessary for the protection of a state highway shall be included as a part of the improvement of the highway. Upon the completion of the highway, the owners or occupants of adjoining lands shall construct and keep in repair all private approaches or driveways from the highways, but no approaches or driveways shall be constructed in a manner as to obstruct or interfere with the highways or with a drain or ditch that has been constructed as a part of the highway.
As added by P.L.18-1990, SEC.218.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-50. Use of Prison Labor in Preparation and Manufacturing of Road Materials

Sec. 50. The department, with the approval of the governor, may enter into an agreement with the authorities of any of the penal institutions of the state, county, or city for the use of prison labor in the preparation and manufacturing of road materials.
As added by P.L.18-1990, SEC.218.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-51. Drains, Culverts, and Bridges; Bridge Construction Contracts

Sec. 51. All drains, culverts, and bridges on any state highways shall be considered as part of the state highway. All bridges having a span over twenty (20) feet in length may be let as a separate contract, the procedure to be the same as in the letting of contracts for state highways.
As added by P.L.18-1990, SEC.218.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-52. Contracts Specifying Borrow or Clearing and Grubbing; Standards

Sec. 52. (a) A department contract that specifies borrow or clearing and grubbing must require the contractor to conform to the department's manual of standard specifications and must include standards for the following:
(1) Borrow pit back-slopes.
(2) Control of drainage water.
(3) Degree of restoration.
(b) Restoration of borrow areas and disposal areas must meet or exceed the standards for seeding and sodding of roadside areas.
(c) Final cleanup provisions of the contract apply to the removal and disposal of perishable materials and debris from the highway right-of-way to an off-road site.
As added by P.L.18-1990, SEC.218.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-53. Trench Safety Systems; Costs

Sec. 53. (a) This section applies to a construction, an improvement, or a maintenance project that requires creation of a trench of at least five (5) feet in depth.
(b) OSHA 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 must 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.18-1990, SEC.218.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-54. State Highway Fund; Creation and Management

Sec. 54. (a) To provide funds for carrying out the provisions of this chapter, there is created a state highway fund from the following sources:
(1) All money in the general fund to the credit of the state highway account.
(2) All money that is received from the Department of Transportation or other federal agency and known as federal aid.
(3) All money paid into the state treasury to reimburse the state for money paid out of the state highway fund.
(4) All money provided by Indiana law for the construction, maintenance, reconstruction, repair, and control of public highways, as provided under this chapter.
(5) All money that on May 22, 1933, was to be paid into the state highway fund under contemplation of any statute in force as of May 22, 1933.
(6) All money that may at any time be appropriated from the state treasury.
(7) Any part of the state highway fund unexpended at the expiration of any fiscal year, which shall remain in the fund and be available for the succeeding years.
(8) Any money credited to the state highway fund from the motor vehicle highway account under IC 8-14-1-3(4).
(9) Any money credited to the state highway fund from the highway road and street fund under IC 8-14-2-3.
(10) Any money credited to the state highway fund under IC 6-6-1.1-801.5, IC 6-6-4.1-5, or IC 8-16-1-17.1.
(11) Any money distributed to the state highway fund under IC 8-14-14, IC 8-15.5, or IC 8-15.7.
(b) All expenses incurred in carrying out this chapter shall be paid out of the state highway fund.
As added by P.L.18-1990, SEC.218. Amended by P.L.192-2002(ss), SEC.150; P.L.47-2006, SEC.43.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-55. Use of State Highway Fund

Sec. 55. Money in the state highway fund shall be used for the following:
(1) Operation of the department.
(2) Construction, reconstruction, operation, maintenance, and control of the state highways that are the responsibility of the department and of tollways that are the responsibility of the department under IC 8-15-3.
As added by P.L.18-1990, SEC.218.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-56. Research Assistance; Report to Joint Study Committee on Transportation and Infrastructure Assessment and Solutions

Sec. 56. (a) The department may cooperate with and assist Purdue University in developing the best methods of improving and maintaining the highways of the state and the respective counties. In so cooperating with Purdue University and for the purpose of developing and disseminating helpful information concerning road construction and improvement and the operation of the highways of the state and the counties, the department may expend money annually from the funds appropriated to the department's use for the use and benefit of Purdue University in carrying on programs of highway research and highway extension at or in connection with Purdue University and for the annual road school held at Purdue University. In addition, the money may be increased by federal funds, which may be made available to the department for the engineering and economic investigation of projects for future construction and for highway research necessary in connection therewith.
(b) For the purpose of disseminating knowledge of the highway maintenance methods that are best suited to the various sections of Indiana, the county and state highway officials, in cooperation with Purdue University, may hold joint road meetings in the various sections of Indiana.
(c) The aid authorized by this section shall be paid quarterly by the department to Purdue University upon proper voucher.
(d) Not later than August 1 of each year, a representative of Purdue University shall prepare, in cooperation with the department under IC 8-23-2-5(e)(5), for the interim study committee on roads and transportation a report that includes updates on the following:
(1) Programs or projects conducted under this section.
(2) Any other information requested by the study committee.
The report must be submitted in an electronic format under IC 5-14-6.
As added by P.L.18-1990, SEC.218. Amended by P.L.16-2014, SEC.4; P.L.53-2014, SEC.86.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-57. Cooperation With Federal and Other States' Officials

Sec. 57. The department may cooperate with the governing officials of state highway agencies and systems in one (1) or more other states or the Federal Highway Administration in research in conducting tests and experiments designed to develop the best methods of constructing, improving, and maintaining the highways in Indiana. In so cooperating with the governing officials of state highway agencies and systems in one (1) or more other states or the Federal Highway Administration and for the purpose of paying the proportionate share of this state of the cost of the tests and experiments, the department may expend the funds appropriated to its use.
As added by P.L.18-1990, SEC.218.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-58. Utility Facilities; Costs and Delays Due to Facility Relocations; Contractor's Right to Compensation or Expenses

Sec. 58. (a) This section applies to a construction contract entered into by the department and a contractor after June 30, 2005.
(b) The department may not include in a contract, or in any specifications or other documents that are a part of or incorporated in a contract, a provision that prohibits a contractor from receiving, or restricts the contractor in receiving, reasonable compensation or reasonable expenses directly related to unforeseen conditions encountered during the construction project as a result of:
(1) a conflict with the facilities of a utility (as defined in IC 8-1-9-2(a)); or
(2) delays due to the relocation of utility facilities;
that differ materially from the affected utilities or utility relocations specified in the contract documents.
As added by P.L.35-2005, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9. State Highway Contracts; General Powers › 8-23-9-59. Application of Ic 5-22-16.5 to Award of Contracts Under Article

Sec. 59. (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 article.
(b) For purposes of applying IC 5-22-16.5 to contracts awarded under this article, 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 article.
(2) A person may not be awarded a contract under this article 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 article so that the public policy of IC 5-22-16.5 and this article are both implemented.
As added by P.L.21-2012, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-1. Contracts for Delivery of Certain Projects; Rules; Liability

Sec. 1. (a) This chapter authorizes the department to enter into a contract for delivery of certain projects by a construction manager general contractor or a progressive design-builder.
(b) The department may adopt rules under IC 4-22-2, including emergency rules adopted in the manner provided under IC 4-22-2-37.1, to implement this chapter.
(c) This chapter does not limit or eliminate the responsibility or liability imposed by Indiana law on a person providing services to the department under this chapter.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-2. "Cmgc" or "Construction Manager General Contractor"

Sec. 2. As used in this chapter, "CMGC" or "construction manager general contractor" means a person that is awarded a two (2) phase contract for a project, and is responsible for providing:
(1) preconstruction services under phase one (1); and
(2) if a price agreement is reached, construction services under phase two (2);
of the contract.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-3. "Construction Services"

Sec. 3. As used in this chapter, "construction services" means the physical construction work undertaken by a CMGC or PDB to construct any portion of a project which may be awarded as a single contract for a project or multiple contracts for portions of a project.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-4. "Design Services"

Sec. 4. As used in this chapter, "design services" means services performed by a professional services consultant that is qualified by the department to provide services.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-5. "Evaluation Committee"

Sec. 5. As used in this chapter, "evaluation committee" refers to a group of individuals who are:
(1) employed by the department;
(2) responsible for evaluating proposals; and
(3) responsible for choosing not more than three (3) proposals with the highest scores to be considered by the selection panel.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-7. "Person"

Sec. 7. As used in this chapter, "person" means an individual, a firm, a partnership, a limited liability company, a joint venture, an association, a corporation, or another legal entity.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-8. "Preconstruction Services"

Sec. 8. As used in this chapter, "preconstruction services" means consulting to provide information regarding the impact of design on the construction services of a project, including:
(1) scheduling;
(2) work sequencing;
(3) cost engineering;
(4) constructability;
(5) cost estimates; and
(6) risk identification.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-9. "Professional Services Consultant"

Sec. 9. As used in this chapter, "professional services consultant" means a person that performs:
(1) program management;
(2) construction management;
(3) feasibility studies;
(4) preliminary engineering;
(5) design engineering;
(6) surveying;
(7) mapping; or
(8) architectural services;
for a project.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-10. "Pdb" or "Progressive Design-Builder"

Sec. 10. As used in this chapter, "PDB" or "progressive design-builder" refers to a person that has been awarded a contract by the department in which design services, preconstruction services, and construction services of a project are procured from a person that is selected through a qualifications based selection process at the earliest feasible stage of the project.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-11. "Project"

Sec. 11. (a) As used in this chapter, "project" means services provided using a two-phase contract with a CMGC or a PDB for preconstruction services and construction services to design, construct, alter, or repair:
(1) a state highway;
(2) a limited access facility (as defined in IC 8-23-1-28);
(3) a public highway (as defined in IC 9-25-2-4);
(4) a tollway;
(5) a bridge; and
(6) a passenger and freight railroad system.
(b) The term does not include a passenger railroad system that is operated by a commuter transportation district created by IC 8-5-15.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-12. "Proposal"

Sec. 12. As used in this chapter, "proposal" means an offer by a CMGC or PDB to enter into a contract with the department in response to a request for proposals by the department under section 16 of this chapter.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-13. "Selection Panel"

Sec. 13. As used in this chapter, "selection panel" means a panel of individuals who are:
(1) employed by the department; and
(2) tasked with interviewing and scoring the three (3) proposals with the highest scores selected by the evaluation committee for a possible contract with the department under this chapter.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-14. "Request for Proposals"

Sec. 14. As used in this chapter, "request for proposals" refers to the process by which the department solicits persons to provide services as a CMGC or PDB under this chapter.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-15. Answering Requests for Proposals; Eligibility

Sec. 15. A person may submit a proposal to answer a request for proposals to provide services as a CMGC or a PDB to the department for a project if the person is qualified by the department in compliance with IC 8-23-10.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-16. Requests for Proposals for Services by Cmgc or Pdb

Sec. 16. (a) The department shall issue a request for proposals to enter into a contract for services by a CMGC or a PDB for a project under this chapter.
(b) A request for proposals must include the following:
(1) A description of the project.
(2) An estimate of the cost of the project.
(3) A description of the scope of services that the department expects the CMGC or the PDB to perform.
(4) A list of required deliverables.
(5) The dates on which it is anticipated that each phase of the project will begin and end.
(6) A reference sample contract form.
(7) The date by which a proposal must be submitted to the department.
(8) The basis for evaluating a proposal, including a description of the selection criteria with the weight assigned to each criteria.
(9) If a GMP is described, information regarding how the GMP is calculated for the project.
(10) The reasons a contract may be terminated.
(11) Any other instructions, documents, or information relevant to the project that the department considers relevant to evaluate the submitted proposals.
(c) A person that submits a proposal under this section must identify each person with which the person proposes to enter into subcontracts for design services or preconstruction services, if known at the time the person submits the proposal. The department may determine requirements for subcontracts under this subsection.
(d) The department may require clarification from a person that submits a proposal to ensure the proposal conforms to the request for proposals.
(e) The department may reject a proposal.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-17. Evaluation Committee; Selection Panel

Sec. 17. (a) Before entering into a contract under this chapter, the department must appoint an evaluation committee.
(b) The evaluation committee shall rank the proposals submitted to the department by assigning a score to each proposal based on the evaluation criteria specified in the request for proposals. The three (3) persons that submit the proposals with the highest scores given by the evaluation committee must be interviewed and scored by a selection panel established under this section.
(c) The department shall appoint a selection panel to interview and score the three (3) persons that submit the proposals with the highest scores chosen by the evaluation committee under subsection (b).
(d) After conducting the interviews required under subsection (c), the selection panel shall score the three (3) proposals using the submitted proposals and information learned during the interview process.
(e) The selection panel shall provide a written comprehensive score for each proposal under subsection (d) and submit a recommendation for an award to the commissioner. The commissioner shall make the final selection of the CMGC or PDB.
(f) A person selected to perform work for a project under this chapter may not delegate or subcontract preconstruction services, design services, or construction services under a contract to a member of the evaluation committee or the selection panel.
(g) A meeting of a selection panel convened for the purpose of interviewing a person that submits a proposal under this chapter is not open to the public.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-18. Negotiations; Limit of Two Projects per Year

Sec. 18. (a) Upon approval of the final scoring of the CMGCs or the PDBs by the commissioner, the department shall enter into negotiations with the CMGC or PDB with the highest score as determined under section 17 of this chapter for a contract.
(b) If the department is unable to negotiate a contract with the person with the highest score for an amount of compensation that the department and the person determine to be fair and reasonable, the department shall terminate negotiations with that person. The department or its authorized representative may then undertake negotiations with the person with the next highest score and continue in this manner until an agreement is reached or until a determination is made by the department to reject all proposals submitted under this chapter.
(c) If the department does not receive at least two (2) proposals, the department may not enter into a contract under this chapter.
(d) The department may only enter into a contract for services under this chapter for not more than two (2) projects each calendar year.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-19. Conditional Contracts

Sec. 19. A contract may be conditional upon subsequent refinements in scope and price and may permit the department to make changes to the scope of the project without invalidating the contract.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-20. Replacing Subcontractors

Sec. 20. (a) A CMGC or PDB may not replace a person identified as a person with which the CMGC or PDB proposes to enter into a subcontract for services under a contract without:
(1) the approval of the department; and
(2) a written determination by the department that a legitimate reason exists for the replacement.
(b) If a CMGC or a PDB violates subsection (a), the department may cancel the award of or may terminate the contract.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-21. Plans and Specifications

Sec. 21. The department or a PDB selected under section 18 of this chapter shall develop plans and specifications to:
(1) advertise a proposal for a project under this chapter; and
(2) accept bids in accordance with IC 8-23-9 and IC 8-23-10.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-22. Cost Estimates; Mutually Acceptable Contract Terms

Sec. 22. (a) The department and a CMGC or PDB selected under section 18 of this chapter shall independently perform estimates of the cost of construction services.
(b) The department and the CMGC or PDB shall endeavor to negotiate mutually acceptable contract terms for construction services.
(c) If the department is unable to negotiate mutually acceptable contract terms as described in subsection (b), the department may:
(1) advertise the proposal for the project;
(2) accept additional bids; and
(3) award a contract for construction services;
in accordance with IC 8-23-9 and IC 8-23-10.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-23. Terminating Contracts

Sec. 23. The department, a CMGC, or a PDB may terminate a contract as follows:
(1) For a contract with a CMGC:
(A) at any time under phase one (1); or
(B) in accordance with the provisions provided in the request for proposals under phase two (2);
of the contract.
(2) For a contract with a PDB, in accordance with the provisions provided in the request for proposals.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-24. Negotiations With Another Cmgc or Pdb; Terminating Projects

Sec. 24. The department may proceed to negotiate a contract under this chapter with another CMGC or PDB, or terminate a project if any of the following occur:
(1) A contract is terminated under section 23 of this chapter.
(2) The department and the selected CMGC or PDB are unable to reach agreement on a contract.
(3) The CMGC or PDB selected under section 18 of this chapter does not provide the required bonds as described in the request for proposals.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-25. Department Requirements

Sec. 25. The department shall do the following:
(1) Publish, on the department's website, the final scoring of each proposal submitted to the department for the project as determined by the evaluation committee and the selection committee.
(2) Provide, upon the request of a person that submitted a proposal, an explanation of the reasons the person was not chosen by an evaluation committee or a selection panel.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-26. Payment and Performance Bonds

Sec. 26. (a) A contract with the department entered into under this chapter must require the selected CMGC or PDB to provide payment and performance bonds in an amount not less than the estimated cost of:
(1) the project; or
(2) the GMP, as described in the request for proposals.
(b) Construction services may not be performed until the CMGC or the PDB has provided the bonds as required under subsection (a).
(c) A performance or payment bond is not required for, and does not provide coverage for, a part of a contract that includes only design services.
(d) This section does not impair the ability of the department to seek recovery under a contract from the selected CMGC or PDB for errors, omissions, or defects in design services.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 9.5. Project Delivery Methods › 8-23-9.5-27. Class C Infraction; Disqualification

Sec. 27. It is a Class C infraction for a person that submits a proposal under this chapter to make a false statement regarding the financial worth of the person in a proposal or other written instrument filed by the person with the department under this chapter or rules adopted under this chapter. A person that violates this section is disqualified from submitting bids on contracts advertised for letting by the department for a period of two (2) years following the date of conviction.
As added by P.L.60-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 10. Qualifications of Bidders for Contracts › 8-23-10-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 4 of this chapter by P.L.92-2004 apply only to subcontracts entered into after June 30, 2004.
As added by P.L.220-2011, SEC.207.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 10. Qualifications of Bidders for Contracts › 8-23-10-0.5. Applicability of Qualification Requirement Under Ic 5-16-13; Exemption for Local Unit Projects

Sec. 0.5. (a) The definitions in IC 5-16-13 apply to this section.
(b) For purposes of IC 5-16-13-10(c) and this section, a contractor must be qualified under this chapter before doing any work on a public works project that is the construction, improvement, alteration, repair, or maintenance of a highway, street, or road (as defined by IC 8-23-1-23) or alley.
(c) Notwithstanding the applicability date specified in IC 5-16-13-10(c) and subject to subsection (d), the requirement that a contractor must be qualified under this chapter before doing any work on a public works project applies to a public works contract awarded after December 31, 2016.
(d) This subsection applies to a public works project awarded after December 31, 2016, by a local unit. A contractor in any contractor tier is not required to be qualified under this chapter before doing any work on a public works project awarded by a local unit whenever:
(1) the total amount of the contract awarded to the contractor for work on the public works project is less than three hundred thousand dollars ($300,000); and
(2) the local unit complies with IC 36-1-12 in awarding the contract for the public works project.
As added by P.L.144-2016, SEC.3. Amended by P.L.85-2017, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 10. Qualifications of Bidders for Contracts › 8-23-10-1. Qualified Bidders Required; Exception

Sec. 1. It is unlawful to award a contract to any person other than a bidder previously qualified in compliance with this chapter, except for the award of a contract for a public works project by a local unit whenever section 0.5(d) of this chapter applies.
As added by P.L.18-1990, SEC.219. Amended by P.L.144-2016, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 10. Qualifications of Bidders for Contracts › 8-23-10-2. Qualification Applications; Investigation; Certificates of Qualification; Revocation of Certificates

Sec. 2. (a) A bidder desiring to submit to the department a bid for the performance of a contract the department proposes to let must apply to the department for qualification and must use for that purpose the forms prescribed and furnished by the department. All applications must be verified by the applicant.
(b) The department shall act within thirty (30) days upon an application for qualification. Upon the receipt of an application for qualification, the department shall examine and may investigate the application and shall determine whether the applicant is competent and responsible and possesses the financial resources that satisfy this chapter.
(c) If the applicant is found to possess the qualifications prescribed by this chapter and by the rules adopted by the department, the department shall issue a certificate of qualification, which shall be valid for the period of twenty-four (24) months, or a shorter period of time that the department prescribes, unless revoked by the department for cause. The certificate of qualification must contain a statement fixing the aggregate amount of uncompleted work that the applicant will be permitted to have at any time under a contract with the department and may also, in the discretion of the department, contain a statement limiting a bidder to the submission of bids upon a certain class or classes of work. Subject to any restrictions as to amount or class of work, the certificate of qualification authorizes its holder to bid on all work on which bids are taken by the department during the period of time specified.
(d) A certificate of qualification may be revoked by the department only after notice to the qualified bidder and an opportunity to be heard. The notice must be in writing and must state the grounds of the proposed revocation.
As added by P.L.18-1990, SEC.219. Amended by P.L.14-2019, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 10. Qualifications of Bidders for Contracts › 8-23-10-2.5. Public Availability of Certificates of Qualification

Sec. 2.5. The department shall make available for public inspection during regular office hours and on the Internet a list of the contractors holding a valid certificate of qualification issued by the department under this chapter.
As added by P.L.144-2016, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 10. Qualifications of Bidders for Contracts › 8-23-10-3. Financial Statements of Applicants

Sec. 3. (a) A bidder may not be given a certificate of qualification unless the bidder's financial statement and the investigation made by the department show that the bidder possesses net current assets sufficient in the judgment of the department to render it probable that the bidder can satisfactorily execute contracts and meet obligations incurred. All applications for qualification must expressly authorize the department to obtain all information considered pertinent with respect to the financial worth and assets and liabilities of the applicant from banks or other financial institutions, surety companies, dealers in material, equipment, or supplies, or other persons having business transactions with an applicant and must expressly authorize all financial institutions or other persons to furnish information requested by the department.
(b) The department shall adopt rules under IC 4-22-2, including emergency rules adopted in the manner provided under IC 4-22-2-37.1, that establish the requirements for financial statements furnished to the department by potential applicants for the purpose of determining an applicant's eligibility and financial capacity under this chapter.
(c) This chapter shall be administered without reference to the residence of applicants, and its provisions and the rules of the department adopted under this chapter apply equally to residents and nonresidents of Indiana. This chapter does not apply to the purchase of material, equipment, and supplies or to the construction and maintenance of buildings.
(d) Notwithstanding IC 5-14-3-4(a)(5), a financial statement submitted to the department under this chapter is considered confidential financial information for the purposes of IC 5-14-3.
As added by P.L.18-1990, SEC.219. Amended by P.L.111-1993, SEC.1; P.L.119-1995, SEC.1; P.L.14-2019, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 10. Qualifications of Bidders for Contracts › 8-23-10-4. Subcontractors; Qualification

Sec. 4. It is unlawful for a successful bidder to enter into a subcontract with any other person involving the performance of any part of any work upon which the bidder may be engaged for the department in an amount in excess of three hundred thousand dollars ($300,000) unless the subcontractor has been properly qualified under the terms of this chapter for the work sublet to the subcontractor. However, the department may reduce this amount based on the subcontractor's performance with the department and others. The prequalification requirements of this section do not apply to the following:
(1) Professional services.
(2) Hauling materials or supplies to or from a job site.
As added by P.L.18-1990, SEC.219. Amended by P.L.92-2004, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 10. Qualifications of Bidders for Contracts › 8-23-10-5. Notice of Action on Application; Reapplication

Sec. 5. (a) All applicants for qualification shall be promptly notified by the department of its final action on their applications. An applicant aggrieved by the decision of the department may, within ten (10) days after receiving notification of the decision, request in writing a reconsideration of the application by the department, and may submit additional evidence bearing on qualifications. The department shall again consider the matter and may either adhere to or modify its previous decision. The department shall act upon any request for reconsideration within fifteen (15) days after the filing of the request and shall notify the applicant of the action taken.
(b) An applicant who has been refused qualification, or who is dissatisfied with the department's decision as to the aggregate amount of uncompleted work to be permitted under contract at any one time, or with any limitation as to the class or classes of work on which the bidder is authorized to bid, may at any time after the expiration of ninety (90) days from the date of the department's decision on the last application file a new application for qualification. The new application shall be promptly considered and acted upon by the department.
As added by P.L.18-1990, SEC.219.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 10. Qualifications of Bidders for Contracts › 8-23-10-6. Unqualified Bidders; Rejection of Bids

Sec. 6. The department may not consider a bid filed with it by a person who has not been qualified under this chapter. Bids from unqualified bidders discovered by the department before the reading of the bids shall be returned without being read. If the department finds subsequent to the opening of bids that facts exist that would disqualify the lowest bidder, or that the bidder is not competent and responsible, the department shall reject the bid despite the fact of prior qualification of the bidder. It is unlawful to award a contract to a bidder not qualified to bid at the time fixed for receiving bids.
As added by P.L.18-1990, SEC.219.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 10. Qualifications of Bidders for Contracts › 8-23-10-7. Revenue Department; Access to Names of Bidders, Contractors, and Subcontractors; Bidders on Tax Warrant List

Sec. 7. (a) The department may allow the department of state revenue access to the name of each person who is either:
(1) bidding on a contract to be awarded under this chapter; or
(2) a contractor or a subcontractor under this chapter.
(b) If the department is notified by the department of state revenue that a bidder is on the most recent tax warrant list, the department may not award a contract to that bidder until:
(1) the bidder provides to the department a statement from the department of state revenue that the bidder's delinquent tax liability has been satisfied; or
(2) the department receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k).
(c) The department of state revenue may notify:
(1) the department; and
(2) the auditor of state;
that a contractor or subcontractor under this chapter is on the most recent tax warrant list, including the amount that the person owes in delinquent taxes. The auditor of state shall deduct from the contractor's or subcontractor's payment the amount owed in delinquent taxes. The auditor of state shall remit this amount to the department of state revenue and pay the remaining balance to the contractor or subcontractor.
As added by P.L.18-1990, SEC.219.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 23. Indiana Department of Transportation › Chapter 10. Qualifications of Bidders for Contracts › 8-23-10-8. False Statements; Penalty

Sec. 8. It is a Class C infraction for an applicant for qualification to knowingly make a false statement with respect to the applicant's financial worth in an application for qualification, financial statement, or other written instrument filed by the applicant with the department under this chapter or rules adopted under this chapter. A person who violates this section is disqualified from submitting bids on contracts advertised for letting by the department for a period of two (2) years following the date of conviction.
As added by P.L.18-1990, SEC.219.