reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-10.5. Lease of a Parkway Strip, Sidewalk, Tree Row, or Verge

Sec. 10.5. (a) This section applies only to property owned by a political subdivision that fronts and abuts real property assessed as commercial land under the real property assessment rules and guidelines of the department of local government finance. A disposing agent may proceed under this section in leasing the property.
(b) As used in this section, "property of the political subdivision" means real property owned by a political subdivision that extends from the curb or edge of a public street or roadway to the front of commercial property owned by a person. The term includes the following:
(1) A parkway strip, tree row, or verge.
(2) A sidewalk.
(c) A political subdivision may, by ordinance or resolution, authorize the lease of property of the political subdivision to the owner or property manager of the commercial property that abuts or fronts on the property:
(1) upon such terms as are agreed to between the political subdivision and the property owner or property manager, subject to subsection (d); and
(2) without competitive bidding.
(d) The following apply to a lease executed under this section:
(1) A lease may include an option to renew.
(2) A lease may not include an option to purchase.
(3) The property may not be leased to a person who is ineligible under section 16 of this chapter.
(4) Property owned by a political subdivision may be leased for a term longer than three (3) years, if the lease is approved by the fiscal body of the political subdivision.
(5) Upon execution of the lease, the property owner or property manager shall be responsible for the maintenance, control, and supervision of the property of the political subdivision, subject to the public's right to use a sidewalk on the property of the political subdivision as a walkway.
(6) The lessee shall assume the liability of the political subdivision for personal injuries and property damage to third parties occurring on the property during the lease period. A lease shall be conditioned upon the lessee maintaining insurance coverage on the leased property for public liability and property damage in an amount determined sufficient by the political subdivision.
(7) The lease must be recorded in the office of the recorder of the county where the property is located.
(e) A lease may not be entered into under this section unless the lease is authorized by an ordinance or resolution approved by at least a two-thirds (2/3) vote of the members of the fiscal body of the political subdivision.
As added by P.L.65-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-11. Execution of Deed or Other Instrument

Sec. 11. Whenever:
(1) there is a dispute concerning the interest in any property of a political subdivision, and the executive considers the dispute not frivolous; or
(2) it would facilitate the establishment of title to any property;
a deed or other instrument may be executed on behalf of the political subdivision to a person who is eligible to receive the deed or instrument under section 16 of this chapter for any consideration that the disposing agent considers fair and in the public interest.
[Pre-Local Government Recodification Citations: 18-4-5-6 part; 19-6-2-38 part.]
As added by Acts 1981, P.L.57, SEC.37. Amended by P.L.60-1988, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-12. Lease of Property; Alternative Procedure

Sec. 12. The following procedure may be used instead of that in section 10 of this chapter if the disposing agent makes a written determination (which must include the disposing agent's reasons) that the use of section 10 of this chapter is not feasible, and authorization to use this procedure is granted by the executive of the political subdivision or agency:
(1) Proposals to develop specifications shall be solicited through a request for proposals, which must include all of the following:
(A) The factors or criteria that will be used in evaluating the proposals, including a statement that:
(i) the property may not be leased to a person who is ineligible under section 16 of this chapter; and
(ii) a proposal submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each beneficiary of the trust and each settlor empowered to revoke or modify the trust.
(B) A statement concerning the relative importance of price and the other evaluation factors.
(C) A statement concerning whether the proposal must be accompanied by a certified check or other evidence of financial responsibility.
(D) A statement concerning whether discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements.
(2) Notice of the request for proposals shall be given by publication in accordance with IC 5-3-1.
(3) As provided in the request for proposals, discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements.
(4) Eligible offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revisions of proposals.
(5) After the procedures outlined in this section have been completed, the disposing agent shall make a determination as to the most appropriate response to the request for proposals and shall dispose of the subject property in accordance with that response.
(6) Access to the proposals under this chapter shall be determined in accordance with the provisions of IC 5-23-7.
(7) The person submitting the successful proposal is not responsible for the requirements set forth in IC 5-22 with regard to the purchase of supplies if the purchase of supplies was included within the proposal or the supplies are not paid for with public funds.
As added by P.L.339-1983, SEC.2. Amended by P.L.60-1988, SEC.33; P.L.336-1989(ss), SEC.48; P.L.82-1995, SEC.10; P.L.49-1997, SEC.72.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-13. Restrictions on Lease of County-Owned Property

Sec. 13. Notwithstanding any other law, a disposing agent for a county may not lease county-owned property at a rate that deviates more than five percent (5%) from the average square footage rate charged for similar property in that county.
As added by P.L.38-1984, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-14. Gift of Tract; Reconveyance

Sec. 14. If a tract was originally transferred to a political subdivision as a gift and public funds have not been expended to improve the property since the original transfer, the disposing agent may convey it back to the original grantor or the grantor's successors with their consent without consideration upon a determination by the disposing agent that:
(1) the property is surplus; and
(2) the original grantor or the grantor's successors are eligible to receive the tract under section 16 of this chapter.
As added by P.L.331-1985, SEC.3. Amended by P.L.60-1988, SEC.34.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-15. Tract Transferred as Gift by Not-for-Profit Corporation or Organization; Reconveyance

Sec. 15. If a tract was originally transferred to a political subdivision as a gift by a not-for-profit corporation or organization, the disposing agent may convey it back to the original grantor or the grantor's successors with their consent without consideration upon a determination by the disposing agent that:
(1) the property is surplus; and
(2) the original grantor or the grantor's successors are eligible to receive the tract under section 16 of this chapter.
As added by P.L.330-1985, SEC.5. Amended by P.L.60-1988, SEC.35.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-16. Bid, Purchase, Receipt, or Lease of Property by Ineligible Persons; Effect of Ineligibility

Sec. 16. (a) This section applies to the following:
(1) A person who owes delinquent taxes, special assessments, penalties, interest, or costs directly attributable to a prior tax sale on a tract of real property listed under IC 6-1.1-24-1.
(2) A person who is an agent of the person described in subdivision (1).
(3) A person who has any of the following relationships to a person, partnership, corporation, or legal entity described in subdivision (1):
(A) A partner of a partnership.
(B) A member of a limited liability company.
(C) An officer, director, or majority stockholder of a corporation.
(D) The person who controls or directs the activities or has a majority ownership in a legal entity other than a partnership or corporation.
(b) A person subject to this section may not bid on, purchase, receive, or lease a tract that is offered in a sale, exchange, or lease under this chapter.
(c) If a person purchases, receives, or leases a tract that the person was not eligible to purchase, receive, or lease under this section, the sale, transfer, or lease of the property is void and the county retains the interest in the tract it possessed before the sale, transfer, or lease of the tract.
As added by P.L.60-1988, SEC.36. Amended by P.L.342-1989(ss), SEC.37; P.L.98-2000, SEC.18; P.L.159-2020, SEC.75.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-17. Terms of Reconveyance or Return

Sec. 17. If property disposed of under this chapter is to be reconveyed or automatically returned to the political subdivision or an agency of a political subdivision that disposed of the property, the terms of the reconveyance or return shall be as agreed to before the disposal. If the terms of the reconveyance are not set forth before the disposal, the political subdivision shall obtain at least two (2) appraisals and pay not more than the average of the two (2) appraisals.
As added by P.L.82-1995, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-18. School Corporations in Laporte County; Transfer to Governmental Agency

Sec. 18. (a) This section applies to a school corporation located in LaPorte County.
(b) Notwithstanding any other law, a school corporation may transfer real property to any other governmental agency in exchange for services provided to the school corporation.
(c) This section constitutes the only authority necessary for a school corporation to make real property available for exchange under this section. A school corporation is not required to apply any additional procedures to an exchange made under this section.
As added by P.L.257-2013, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12. Public Work Projects › 36-1-12-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The addition of section 21 of this chapter by P.L.20-1991 applies to public works contracts for which notices calling for sealed proposals for the work are published after June 30, 1991.
(2) The amendments made to this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007.
As added by P.L.220-2011, SEC.641.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12. Public Work Projects › 36-1-12-1. Application of Chapter; Alternatives to Chapter

Sec. 1. (a) Except as provided in this section, this chapter applies to all public work performed or contracted for by:
(1) political subdivisions; and
(2) their agencies;
regardless of whether it is performed on property owned or leased by the political subdivision or agency.
(b) This chapter does not apply to an officer or agent who, on behalf of a municipal utility or a conservancy district described in IC 14-33-1-1(a)(4) or IC 14-33-1-1(a)(5), maintains, extends, and installs services of the utility or district if the necessary work is done by the employees of the utility or district.
(c) This chapter does not apply to hospitals organized or operated under IC 16-22-1 through IC 16-22-5 or IC 16-23-1, unless the public work is financed in whole or in part with cumulative building fund revenue.
(d) This chapter does not apply to tax exempt Indiana nonprofit corporations leasing and operating a city market owned by a political subdivision.
(e) As an alternative to this chapter, the governing body of a political subdivision or its agencies may do the following:
(1) Enter into a design-build contract as permitted under IC 5-30.
(2) Participate in a utility efficiency program or enter into a guaranteed savings contract as permitted under IC 36-1-12.5.
(f) This chapter does not apply to a person that has entered into an operating agreement with a political subdivision or an agency of a political subdivision under IC 5-23.
(g) This chapter does not apply to the extension or installation of utility infrastructure by a private developer of land if all the following apply:
(1) A municipality will acquire for the municipality's municipally owned utility all of the utility infrastructure that is to be extended or installed.
(2) Not more than fifty percent (50%) of the total construction costs for the utility infrastructure to be extended or installed, including any increased costs that result from any construction specifications that:
(A) are required by the municipality; and
(B) specify a greater service capacity for the utility infrastructure than would otherwise be provided for by the private developer;
will be paid for out of a public fund or out of a special assessment.
(3) The private developer agrees to comply with all local ordinances and engineering standards applicable to the construction, extension, or installation of the utility infrastructure.
[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.182-1985, SEC.16; P.L.214-1989, SEC.7; P.L.24-1993, SEC.5; P.L.2-1993, SEC.199; P.L.1-1994, SEC.173; P.L.82-1995, SEC.12; P.L.49-1997, SEC.73; P.L.168-2006, SEC.2; P.L.71-2009, SEC.4; P.L.99-2009, SEC.3; P.L.1-2010, SEC.145; P.L.91-2017, SEC.9; P.L.177-2021, SEC.14.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 the following:
(1) Fifty thousand dollars ($50,000) and less than three hundred thousand dollars ($300,000), if the political subdivision is a school corporation.
(2) Fifty thousand dollars ($50,000) and less than one hundred fifty thousand dollars ($150,000), if the political subdivision is not a school corporation.
(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; P.L.236-2023, SEC.160.
2023 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 Certain Amounts

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 the following:
(1) Three hundred thousand dollars ($300,000) if the political subdivision is a school corporation.
(2) One hundred fifty thousand dollars ($150,000), if the political subdivision is not a school corporation.
(b) The board may award a contract for a public work described in subsection (a) in the manner provided in IC 5-22.
As added by P.L.176-2009, SEC.24. Amended by P.L.236-2023, SEC.161.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 Indiana 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; P.L.56-2023, SEC.327.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12. Public Work Projects › 36-1-12-24. Drug Testing of Employees of Public Works Contractors; Requirements for Use of Previously Filed Employee Drug Testing Program

Sec. 24. (a) As used in this section, "contractor" includes a subcontractor of a contractor.
(b) IC 4-13-18, regarding drug testing of employees of public works contractors, applies to a public works contract if the estimated cost of the public works contract is at least the following:
(1) Three hundred thousand dollars ($300,000), if the contract is for a public school corporation.
(2) One hundred fifty thousand dollars ($150,000), if the contract is for a political subdivision other than a school corporation.
(c) An employee drug testing program submitted to the board under this section must have been effective and applied at the time of the solicitation for bids.
(d) A contractor who has previously filed a copy of the contractor's employee drug testing program with the board in the current calendar year or within the previous two (2) calendar years satisfies the requirement for submitting an employee drug testing program, unless the employee drug testing program has been revised.
As added by P.L.252-2015, SEC.44. Amended by P.L.213-2015, SEC.264; P.L.72-2018, SEC.17; P.L.236-2023, SEC.162.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12.5. Guaranteed Savings Contracts; Energy Efficiency Programs Used by School Corporations › 36-1-12.5-0.5. "Actual Savings" Defined

Sec. 0.5. As used in this chapter, "actual savings" includes stipulated savings.
As added by P.L.98-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12.5. Guaranteed Savings Contracts; Energy Efficiency Programs Used by School Corporations › 36-1-12.5-0.6. "Billable Revenues" Defined; "Billable Revenue Increases" Defined; "Revenues" Defined

Sec. 0.6. As used in this chapter, "billable revenues", "billable revenue increases", and "revenues" include only revenues of a municipal water or wastewater utility operated by a political subdivision.
As added by P.L.168-2006, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12.5. Guaranteed Savings Contracts; Energy Efficiency Programs Used by School Corporations › 36-1-12.5-0.7. "Causally Connected Work" Defined

Sec. 0.7. As used in this chapter, "causally connected work" means work that is required to properly implement a conservation measure.
As added by P.L.98-2002, SEC.2. Amended by P.L.168-2006, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12.5. Guaranteed Savings Contracts; Energy Efficiency Programs Used by School Corporations › 36-1-12.5-1. "Conservation Measure" Defined

Sec. 1. (a) As used in this chapter, "conservation measure":
(1) means:
(A) a facility alteration;
(B) an alteration of a structure (as defined in IC 36-1-10-2);
(C) a technology upgrade; or
(D) with respect to an installation described in subdivision (2)(G) or (2)(H), an alteration of a structure or system;
designed to provide billable revenue increases or reduce energy or water consumption costs, wastewater costs, or other operating costs; and
(2) includes the following:
(A) Providing insulation of the facility or structure and systems in the facility or structure.
(B) Installing or providing for window and door systems, including:
(i) storm windows and storm doors;
(ii) caulking or weatherstripping;
(iii) multi-glazed windows and doors;
(iv) heat absorbing or heat reflective glazed and coated windows and doors;
(v) additional glazing;
(vi) the reduction in glass area; and
(vii) other modifications that reduce energy consumption.
(C) Installing automatic energy control systems.
(D) Modifying or replacing heating, ventilating, or air conditioning systems.
(E) Unless an increase in illumination is necessary to conform to Indiana laws or rules or local ordinances, modifying or replacing lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility or structure.
(F) Providing for other conservation measures that provide billable revenue increases or reduce energy or water consumption, reduce operating costs, or reduce wastewater costs, including future:
(i) labor costs;
(ii) costs or revenues for contracted services; and
(iii) related capital expenditures.
(G) Installing equipment upgrades that improve accuracy of billable revenue generating systems.
(H) Installing automated, electronic, or remotely controlled systems or measures that reduce direct personnel costs.
(b) The term does not include an alteration of a water or wastewater structure or system that increases the capacity of the structure or system.
As added by P.L.24-1993, SEC.6. Amended by P.L.208-1995, SEC.3; P.L.98-2002, SEC.3; P.L.168-2006, SEC.5; P.L.71-2009, SEC.5; P.L.99-2009, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12.5. Guaranteed Savings Contracts; Energy Efficiency Programs Used by School Corporations › 36-1-12.5-1.5. "Governing Body" Defined

Sec. 1.5. As used in this chapter, "governing body" means the following:
(1) With respect to school corporations, the governing body (as defined in IC 20-18-2-5).
(2) With respect to a public library, the library board (as defined in IC 36-12-1-3).
(3) With respect to a library described in IC 36-12-7-8, the trustees of the library.
(4) With respect to a political subdivision that operates a municipal water or wastewater utility and in connection with the installation of a conservation measure to a water or wastewater structure or system under this chapter, the board or officer that has the power to award contracts.
(5) With respect to other political subdivisions for any other project or program under this chapter, the legislative body (as defined in IC 36-1-2-9).
As added by P.L.208-1995, SEC.4. Amended by P.L.227-1999, SEC.12; P.L.1-2005, SEC.235; P.L.168-2006, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12.5. Guaranteed Savings Contracts; Energy Efficiency Programs Used by School Corporations › 36-1-12.5-2. "Guaranteed Savings Contract" Defined

Sec. 2. As used in this chapter, "guaranteed savings contract" refers to a contract entered into under this chapter, in which a qualified provider enters into an agreement with the governing body to:
(1) evaluate and recommend to the governing body conservation measures; and
(2) provide for the implementation of at least one (1) conservation measure.
As added by P.L.24-1993, SEC.6. Amended by P.L.208-1995, SEC.5; P.L.168-2006, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12.5. Guaranteed Savings Contracts; Energy Efficiency Programs Used by School Corporations › 36-1-12.5-2.5. "Industry Engineering Standards" Defined

Sec. 2.5. As used in this chapter, "industry engineering standards" includes the following:
(1) Lifecycle costing.
(2) The R. S. Means estimating method developed by the R. S. Means Company.
(3) Historical data.
(4) Manufacturer's data.
(5) American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) standards.
As added by P.L.98-2002, SEC.4. Amended by P.L.1-2010, SEC.146.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12.5. Guaranteed Savings Contracts; Energy Efficiency Programs Used by School Corporations › 36-1-12.5-3.5. "Related Capital Expenditures" Defined

Sec. 3.5. As used in this chapter, "related capital expenditures" includes capital costs that:
(1) the governing body reasonably believes will be incurred during the contract term;
(2) are part of or are causally connected to the conservation measures being implemented; and
(3) are documented by industry engineering standards.
As added by P.L.98-2002, SEC.5. Amended by P.L.168-2006, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12.5. Guaranteed Savings Contracts; Energy Efficiency Programs Used by School Corporations › 36-1-12.5-3.7. "Stipulated Savings" Defined

Sec. 3.7. As used in this chapter, "stipulated savings" are assumed savings that are documented by industry engineering standards.
As added by P.L.98-2002, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12.5. Guaranteed Savings Contracts; Energy Efficiency Programs Used by School Corporations › 36-1-12.5-4. "Utility Efficiency Program" Defined

Sec. 4. As used in this chapter, "utility efficiency program" refers to an energy, a water, or a wastewater efficiency program that:
(1) includes a conservation measure;
(2) is established by a public utility (as defined in IC 8-1-8.7-2); and
(3) is undertaken pursuant to this chapter.
As added by P.L.24-1993, SEC.6. Amended by P.L.168-2006, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 12.5. Guaranteed Savings Contracts; Energy Efficiency Programs Used by School Corporations › 36-1-12.5-5.3. Certification of Subcontractor Required

Sec. 5.3. (a) This section applies only to a guaranteed energy savings contract or a guaranteed savings contract entered into after June 30, 1999.
(b) A qualified provider may enter into a subcontract:
(1) with a value of more than one hundred fifty thousand dollars ($150,000); and
(2) for the performance of any part of a guaranteed energy savings contract or guaranteed savings contract;
only if the subcontractor is certified under IC 4-13.6-4.
As added by P.L.58-1999, SEC.11. Amended by P.L.168-2006, SEC.12.