reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 3 - Methods of Source Selection and Contract Formation › Section 3-10 - Public notice

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 10.
(a) Whenever
				public notice is required by applicable sections of this rule, the notice shall
				be given in the manner prescribed by this section.
(b) When services or supplies are procured
				under section 4 or 5 of this rule, notice shall be published once a week for
				two (2) consecutive weeks.
(c)
				Whenever publication of notice is required by this section, the notice shall be
				published in one (1) newspaper of general circulation in Marion County,
				Indiana.
(d) The contracts
				department shall post notices:
(1) on a public
				bulletin board in or outside the contracts department office; and
(2) on the commission's website.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 3 - Methods of Source Selection and Contract Formation › Section 3-11 - Solicitation for procurement; separate contracts; fixed unit prices

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2
Sec. 11.
(a) A
				solicitation for a procurement under this rule may provide that offers will be
				received and contracts will be awarded in whole or in part or for any
				combination of a line or class of services or supplies contained in the
				solicitation. If the solicitation is silent about awarding the solicitation in
				whole or in part, the commission may award separate contracts under this
				section to different offerors only if the executive director makes a
				determination showing that the award of separate contracts is in the interest
				of efficiency or economy.
(b) A
				solicitation for a procurement under this rule may provide that the contracts
				department will award a contract for the procurement of supplies for an
				unspecified number of items at a fixed price per unit. Such a contract may
				include a formula or a method for escalation of the unit price.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 3 - Methods of Source Selection and Contract Formation › Section 3-12 - Identification of each beneficiary and empowered settlor

Current through July 10, 2024
Authority: IC
				  15-13-2-9; IC
				  15-13-3-8
Affected: IC
				  15-13-2; IC
				  30-4-1-1
Sec. 12.
(a) This
				section applies whenever a contract is awarded by sealed bidding or acceptance
				of proposals.
(b) A bid or proposal
				submitted by a trust (as defined in IC
				30-4-1-1(a)) must
				identify each of the following:
(1)
				Beneficiary of the trust.
(2)
				Settlor empowered to revoke or modify the trust.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 4 - Qualifications and Duties of Bidders, Offerors, and Prospective Contractors › Section 4-1 - Determination of nonresponsibility

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 1.
(a) If a
				bidder or offeror fails to provide information required by the solicitation or
				the commission concerning a determination of whether that bidder or offeror is
				a responsible bidder or offeror, that bidder or offeror may not be considered a
				responsible bidder or offeror for the purposes of this rule.
(b) If a bidder or offeror is not a
				responsible bidder or offeror, that determination shall be made in writing by
				the procurement officer.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 4 - Qualifications and Duties of Bidders, Offerors, and Prospective Contractors › Section 4-2 - Foreign corporations; bids and offers; necessity of registration

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 2.
A bidder or offeror that is a foreign corporation must be
				  registered with the secretary of state to do business in Indiana in order to be
				  considered responsible, unless the activity required by the contract is exempt
				  pursuant to IC
				  23-1-49-1
[
IC
				  231-49
was repealed by
				  P.L.
				  118-2017,
				  SECTION
				  22, effective January 1,
				  2018.]
.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 5 - Types of Contracts › Section 5-1 - Prohibited contracts

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 1.
Any type of contract not otherwise prohibited by law, except
				  a cost plus a percentage of cost contract, may be used; however, a firm fixed
				  price contract is preferred. Any other type of contract may be used only when
				  the executive director determines that it is in the commission's best
				  interest.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 5 - Types of Contracts › Section 5-2 - Permissible contract types

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 2.
(a) Contracts
				for a firm fixed price are permissible. All contracts that are not for a firm
				fixed price must meet the conditions of subsection (b).
(b) A contract type other than a firm fixed
				price contract may be used only if the executive director determines in
				writing, the following:
(1) The proposed
				contractor's accounting system will permit timely development of all necessary
				cost data in the form required by the specific contract type
				contemplated.
(2) The proposed
				contractor's accounting system is adequate to allocate costs in accordance with
				the generally accepted accounting principles.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 6 - Determinations, Records, and Reports of the Contracts and Purchasing Departments › Section 6-1 - Anticompetitive practices; reporting

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 1.
When, for any reason, collusion or other anticompetitive
				  practices are suspected among any bidders or offerors, a notice of the relevant
				  facts shall be transmitted to the attorney general.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 8 - PROCUREMENT OF SERVICES AND SUPPLIES › Rule 6 - Determinations, Records, and Reports of the Contracts and Purchasing Departments › Section 6-2 - Retention of procurement records; contracts

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  5-15-5.1; IC
				  15-13-2
Sec. 2.
All procurement records and contracts shall be retained and
				  disposed of in accordance with records retention guidelines and schedules
				  approved by the Indiana archives and records administration under IC
				  5-15-5.1.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 1 - General Provisions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 1.
(a) This
				article applies to work or improvements to be performed on real property that
				is being, or that will be, held in trust or leased by the commission from
				another person if the lease gives the commission an option to buy the real
				property.
(b) This article does not
				apply to work or improvements made to real property that is being, or will be
				leased by the commission from another person where the commission has no
				interest in the real property after expiration of the lease. However, a lease
				between any lessor and the commission may provide that any of the provisions of
				this article will apply to any work or improvements to be made in the leased
				real property.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 1 - General Provisions › Section 1-2 - Compliance with certain statutes

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC 5-16; IC
				  15-13-2
Sec. 2.
The commission shall comply with this article and the
				  following statutes in the administration of commission works contracts:
(1) IC
				5-16-1, if the estimated cost of
				the commission works project is at least one hundred fifty thousand dollars
				($150,000).
(2) IC
				5-16-2 - Public Works Bids to be
				Submitted and Opened at Public Meeting.
(3) IC
				5-16-3 - Filing Blueprints and
				Specifications.
(4) IC
				5-16-5 - Withholding and Bond to
				Secure Payment of Subcontractors, Labor, and Materialmen.
(5) IC
				5-16-5.5 - Retainage, Bonds, and
				Payment of Contractors and Subcontractors.
(6) IC
				5-16-6 - Discrimination by
				Contractors and Subcontractors Prohibited.
(7) IC
				5-16-6.5 - Minority Business
				Certification.
(8) IC
				5-16-7.2 - Wage Scales for Public
				Works Projects.
(9) IC
				5-16-8 - Steel Procurement for
				Public Works.
(10) IC
				5-16-9 - Parking Facilities for
				Persons with Physical Disabilities.
(11) IC
				5-16-11 - Disclosure of Economic
				Interests by Consultants in Public Projects.
(12) IC
				5-16-12.2 - Use of Energy Efficient
				Technology.
(13) IC
				5-16-13 - Requirements for
				Contractors on Public Works Projects.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 1 - General Provisions › Section 1-3 - Public records; retention of written determinations

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  5-14-3; IC
				  15-13-2
Sec. 3.
(a) Except as
				otherwise provided by law, records of the commission relative to this article
				are public records subject to inspection under IC
				5-14-3.
(b) The commission shall retain written
				determinations required by this article in the official contract file of the
				commission.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 2 - Duties of the Commission; Assignment of Commission Works Projects › Section 2-1 - Duties of the commission

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  4-22-2; IC
				  15-13-2
Sec. 1.
(a) Except as
				otherwise provided in this article, the commission shall do the following:
(1) Consider and decide matters of policy
				under this article.
(2) Contract
				for as needed professional consulting services to carry out the provisions of
				this article.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 3 - Qualifications for Commission Works Projects › Section 3-1 - Qualifications of prospective contractors and persons providing professional services

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  4-13.6-4; IC
				  15-13-2
Sec. 1.
(a) All
				persons desiring to serve as contractors or perform professional services
				relating to a commission works project must be registered and certified by the
				state of Indiana, public works certification board, in accordance with the
				provisions of IC
				4-13.6-4.
(b) Proof of such registry or certification
				must be included with any bid or quotation submitted by persons who desire to
				perform a professional service or by a contractor in response to any form of an
				invitation to bid or quote issued by the commission.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 4 - Bidding Requirements › Section 4-1 - Method of awarding contracts; approval of contract documents

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 1.
(a)
				Commission works contracts must be awarded under section 2 of this rule unless
				another method is authorized under this rule.
(b) At the discretion of the commission or
				commission representative, a duly certified or registered architect or licensed
				engineer may be utilized to approve the contract documents for a commission
				works project. A consulting engineer or architect may be retained by the
				commission by a professional services contract for the purpose of assisting in
				the administration of the provisions of this article.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 4 - Bidding Requirements › Section 4-2 - Projects costing $150,000 or more; bidding procedure; records

Current through July 10, 2024
Authority: IC 15-13-2-9
Affected: IC 5-16-1-2; IC 15-13-2; IC 30-4-1-1
Sec. 2.
(a) Except as
				provided by this rule, if the estimated cost of a commission works project is
				at least one hundred fifty thousand dollars ($150,000), the commission shall
				award a contract for the project based on competitive sealed bids.
(b) If the estimated cost of a commission
				works project is at least one hundred fifty thousand dollars ($150,000), the
				commission shall:
(1) cause development of
				contract documents for a commission works contract; and
(2) keep the contract documents on file in
				its offices so that they may be inspected by contractors and members of the
				public.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 4 - Bidding Requirements › Section 4-3 - Projects costing less than $150,000; quotations from contractors; award

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  5-16-1-3; IC
				  15-13-2
Sec. 3.
(a) If the
				estimated cost of a commission works project is less than one hundred fifty
				thousand dollars ($150,000), the executive director, in his or her discretion,
				may award a commission works contract either under:
(1) section 2 of this rule; or
(2) this section.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 4 - Bidding Requirements › Section 4-4 - Performance of commission works projects by employees of the commission

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 4.
If the estimated cost of a commission works project,
				  including labor and materials, is less than one hundred fifty thousand dollars
				  ($150,000), the project may be performed by appropriate employees of the
				  commission without awarding a commission works contract under section 2 of this
				  rule.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 4 - Bidding Requirements › Section 4-5 - Emergency conditions; quotations from contractors; awards

Current through July 10, 2024
Authority: IC 15-13-2-9
Affected: IC 5-16-1-1.6; IC 15-13-2
Sec. 5.
(a) When the
				executive director, in accordance with IC 5-16-1-1.6, makes a written
				determination that an emergency condition:
(1) exists due to:
(A) a fire;
(B) a flood;
(C) a windstorm;
(D) a casualty; or
(E) another condition (including mechanical
				failure of any part of a building or structure); and
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 4 - Bidding Requirements › Section 4-6 - Land acquisition; professional services

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 6.
(a)
				Competitive bids are not required for the acquisition of land or for
				professional services relating to commission works projects.
(b) The executive director shall consider
				only the competence and the qualifications of the persons offering to perform
				the professional services in relation to the type of services to be performed.
				The executive director, or his or her authorized designee, shall negotiate
				compensation for performance of the professional services that the commission
				determines is reasonable.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 4 - Bidding Requirements › Section 4-7 - Solicitation of sealed bids; public notice

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 7.
(a) This
				section applies only to commission works contracts bid under section 2 of this
				rule.
(b) The consulting engineer
				or architect shall solicit sealed bids by public notice inserted once each week
				for two (2) successive weeks before the final date of submitting bids in:
(1) one (1) newspaper of general circulation
				in Marion County, Indiana; and
(2)
				if any part of the project is located in an area outside of Marion County,
				Indiana, one (1) newspaper of general circulation in that area.
The contracts department shall designate the newspapers for
				  these publications. The contracts department may designate different newspapers
				  according to the nature of the project and may direct that additional notices
				  be published. The contracts department shall also solicit sealed bids for
				  commission works projects by sending notices by mail to prospective contractors
				  known to the contracts department and by posting notices on a public bulletin
				  board in or outside its office at least two (2) successive weeks before the
				  final date for submitting bids for the commission works
				  project.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 4 - Bidding Requirements › Section 4-8 - Copies of bids or quotations; files; public records

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  5-14-3; IC
				  5-15-5.1; IC
				  15-13-2
Sec. 8.
(a) The
				contracts department shall make a copy of those portions of the bids or
				quotations that, if altered, would affect the integrity of the bid or quotation
				available as soon as possible after the bids or quotations are opened so that
				they may be inspected and copied by the public under IC
				5-14-3. The contracts department
				may make these copies by means of electronic media or by any other means that
				the procurement officer may specify.
(b) The contracts department shall keep in a
				file all original bids or quotations and all documents pertaining to the award
				of a commission works contract or a professional services contract.
(c) The:
(1)
				copies required by subsection (a); and
(2) files required by subsection (b); are
				public records under IC
				5-14-3. The contracts department
				shall retain these copies and files according to retention schedules
				established for these records under IC
				5-15-5.1.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 4 - Bidding Requirements › Section 4-9 - Commencement of warranty period

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 9.
Each commission works contract must require that all
				  warranty periods applying to work performed under the contract commence not
				  later than the date that all work under the contract is substantially completed
				  as determined by the commission.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 4 - Bidding Requirements › Section 4-10 - Void contracts

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2; IC
				  15-16-2-2
Sec. 10.
All commission works contracts not let in conformity with
				  this rule are void.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 5 - Bid Opening and Award of Contracts › Section 5-1 - Sealed bids; opening procedures; time to submit bids

Current through July 10, 2024
Authority: IC 15-13-2-9
Affected: IC 15-13-2
Sec. 1.
(a) All bids
				shall be sealed in an envelope when submitted to the commission's consulting
				engineer or architect.
(b) The
				consulting engineer or architect shall open bids in public and read them aloud
				at the time and place designated in the instructions. Contractors and all other
				members of the public are entitled to attend bid openings. Before contractors
				and other members of the public are permitted to inspect and copy bids, the
				contracts department shall copy bids as required under
				80 IAC 9-48.
(c) The consulting engineer or architect may
				not require any contractor to submit its bid at any time earlier than the time
				specified in the instructions for opening of bids.
(d) The consulting engineer or architect
				shall make a recommendation to the commission concerning the award or rejection
				of a contract to the lowest responsible and responsive contractor.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 5 - Bid Opening and Award of Contracts › Section 5-2 - Award of contracts; criteria; rejection or waiver of nonconforming bids

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 2.
All bids shall conform to all applicable requirements of the
				  specifications, including the instructions to bidders, general conditions, and
				  special conditions. The executive director shall tentatively reject any bid
				  failing to adhere to or conform to such conditions. The award of a contract
				  shall be made on the basis of the lowest responsible and responsive
				  bid.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 5 - Bid Opening and Award of Contracts › Section 5-3 - Single bid received; criteria for acceptance

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 3.
If, after proper solicitation of bids, only one (1) bid is
				  received, the executive director shall make a thorough review of the situation
				  in consort with the contracts department to determine whether the one (1) bid
				  should be accepted or rejected and rebid. In making this determination, the
				  executive director shall consider the type of work, its competitiveness, the
				  timely need of the project, the possibility of unfavorable prices if rebid, the
				  possible loss of the low bidder if rebid, and the equitable fairness to the
				  single bidder of having his or her bid divulged to subsequent bidders if the
				  project is rebid.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 5 - Bid Opening and Award of Contracts › Section 5-4 - Notice to proceed; extensions of time; notice of withdrawal of bid and rejection of contract

Current through July 10, 2024
Authority: IC 15-13-2-9
Affected: IC 15-13-2
Sec. 4.
(a) Within
				sixty (60) days from the date on which bids are opened, the executive director
				may award a contract, or if approval is obtained from the commission based upon
				the dollar amount of the contract under
				80 IAC 8-3-8 the commission shall
				award a contract and direct the contracts department to provide the successful
				contractor with written notice to proceed.
(b) If the executive director or the
				commission fails to award and execute a contract and to direct the issuance of
				a notice to proceed within sixty (60) days after bids for the contract are
				opened, the successful contractor may grant one (1) or more extensions of time
				to award a contract, to execute the contract, and to provide a notice to
				proceed. The date that an extension of time granted under this subsection
				expires must be a date upon which the executive director and the successful
				contractor agree.
(c) After the
				sixty (60) day period set by subsection (a) and all extension periods set under
				subsection (b) have expired, a successful contractor may elect to withdraw its
				bid and reject the contract only by delivering a written notice to the
				consulting engineer or architect that grants the consulting engineer or
				architect at least fifteen (15) additional days to award a contract to the
				successful contractor.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 6 - Bonding; Escrow; Retainages › Section 6-1 - Applicability

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 1.
The executive director may apply this rule to commission
				  works projects with an estimated cost less than the amounts specified in
				  section 2 or 7 of this rule.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 6 - Bonding; Escrow; Retainages › Section 6-2 - Contract provisions for retainage of payments; escrow accounts and agreements

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 2.
(a) If the
				cost of a commission works project is at least one hundred fifty thousand
				dollars ($150,000), the consulting engineer or architect shall include, as part
				of the commission works contract, provisions for the retainage of portions of
				payments by the commission to the contractor, by the contractor to
				subcontractors, and for the payment of subcontractors. The contract must
				provide that the commission may withhold from the contractor sufficient funds
				from the contract price to pay subcontractors as provided in section 4 of this
				rule.
(b) A commission works
				contract and contracts between contractors and subcontractors, if portions of
				the commission works contract are subcontracted, must include a provision that
				at the time any retainage is withheld, the commission or the contractor, as the
				case may be, may place the retainage in an escrow account with:
(1) a bank;
(2) a savings and loan institution;
(3) the state of Indiana; or
(4) an instrumentality of the state of
				Indiana; as escrow agent. The parties to the contract shall select the escrow
				agent by mutual agreement. The parties to the agreement shall enter into a
				written agreement with the escrow agent.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 6 - Bonding; Escrow; Retainages › Section 6-3 - Amount of retainage withheld

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 3.
(a) To
				determine the amount of retainage to be withheld, the commission shall elect
				one (1) of the following options:
(1) To
				withhold no more than ten percent (10%) of the dollar value of all work
				satisfactorily completed until the commission work is substantially
				complete.
(2) To withhold no more
				than five percent (5%) of the dollar value of all work satisfactorily completed
				until the commission work is substantially complete.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 6 - Bonding; Escrow; Retainages › Section 6-4 - Payment of subcontractors and suppliers by contractor or escrow agent; certification of previous payments

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  4-13.6-4-13; IC
				  15-13-2
Sec. 4.
(a) Within
				ten (10) days of receipt of any payment by the commission or its designated
				representative, or the escrow agent, the contractor or escrow agent shall pay
				each subcontractor the appropriate share of the payment the contractor received
				based upon the service performed by the subcontractor.
(b) The contractor shall furnish to the
				commission a sworn statement or certification at the time of payment to it that
				all subcontractors have received their share of the previous payment to the
				contractor. The making of an incorrect certification may be considered a breach
				of contract by the commission, and the commission may exercise all its rights
				set out in the contract in addition to the remedies for falsifying an
				affidavit. Making an incorrect certification may also result in a submission of
				notice of such falsification to the state of Indiana, public works
				certification board, which may result in a revocation of the contractor's
				qualifications under IC
				4-13.6-4-13(b)  at
				the discretion of the public works certification board.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 6 - Bonding; Escrow; Retainages › Section 6-5 - Bid bonds

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 5.
(a) The
				executive director may require each contractor to submit a good and sufficient
				bid bond with the bid. The bid bond may equal any percentage of the estimated
				cost of the commission works project that the executive director
				requires.
(b) The consulting
				engineer or architect may accept bids provided on forms specified by the
				commission or on forms provided by surety companies.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 6 - Bonding; Escrow; Retainages › Section 6-6 - Payment bonds

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 6.
(a) The
				commission shall require the contractor to execute a good and sufficient
				payment bond to the commission in an amount equal to one hundred percent (100%)
				of the total contract price. The bond shall include at least the following
				provisions:
(1) The contractor and its
				successors and assigns, and all subcontractors and their successors and
				assigns, whether by operation of law or otherwise, shall pay all indebtedness
				that may accrue to any person on account of any labor or service performed or
				materials furnished in relation to the commission work.
(2) The bond shall directly ensure to the
				benefit of subcontractors, laborers, suppliers, and those performing service or
				who may have furnished or supplied labor, material, or service in relation to
				the commission work.
(3) No change,
				modification, omission, or addition in or to the terms or conditions of the
				contract, plans, specifications, drawings, or profile or any irregularity or
				defect in the contract or in the procedures preliminary to the letting and
				awarding of the contract shall affect or operate to release or discharge the
				surety in any way.
(4) The
				provisions and conditions of this rule shall be a part of the terms of the
				contract and bond.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 6 - Bonding; Escrow; Retainages › Section 6-7 - Performance bonds

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  5-16-5.5; IC
				  15-13-2
Sec. 7.
(a) The
				commission shall require the contractor to execute a good and sufficient
				performance bond to the commission in an amount equal to one hundred percent
				(100%) of the total contract price on all contracts over one hundred fifty
				thousand dollars ($150,000) in accordance with IC
				5-16-5.5. The bond shall include at
				least the following provisions:
(1) The
				contractor shall well and faithfully perform the contract.
(2) No change, modifications, omission, or
				addition in or to the terms or conditions of the contract, plans,
				specifications, drawings, or profile or any irregularity or defect in the
				contract or in the procedures preliminary to the letting and awarding of the
				contract shall affect or operate to release or discharge the surety in any
				way.
(3) The provisions and
				conditions of this rule shall be a part of the terms of the contract and
				bond.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 6 - Bonding; Escrow; Retainages › Section 6-8 - Substantial completion, final settlement, and release of retainage

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  5-16-5; IC
				  15-13-2
Sec. 8.
(a) Whenever
				the project has progressed to the point of substantial completion, a review
				shall be made by the consulting architect or engineer accompanied by the
				following:
(1) The contractor.
(2) A representative of the
				commission.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 6 - Bonding; Escrow; Retainages › Section 6-9 - Payment of subcontractors and suppliers by the commission; proration of claims; disputed claims

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 9.
(a) If a
				subcontractor or a supplier files a claim with the commission under section 10
				of this rule, and the claim is undisputed, the commission shall do the
				following:
(1) Pay the claimant from the
				amounts retained from the contractor under section 2 of this rule.
(2) Take a receipt for each
				payment.
(3) Deduct the total
				amount paid to subcontractors and suppliers from the balance due the
				contractor.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 6 - Bonding; Escrow; Retainages › Section 6-10 - Claims of subcontractors and suppliers; verification; notice to contractors and sureties; actions upon bonds

Current through July 10, 2024
Sec. 10.
(a) In order
				to:
(1) receive payment under section 9 of
				this rule; or
(2) proceed against
				the bond of the contractor required under section 6 of this rule; any
				subcontractor or supplier making a claim for payment on account of having
				performed any labor or having furnished any material or service in relation to
				a commission works project must file a verified claim with the commission
				within sixty (60) days from the last labor performed, last material furnished,
				or last service rendered. The claim shall state the amount due and owing to the
				person and shall give as much detail explaining the claim as possible. The
				commission shall notify the contractor of any filed claims before taking action
				under section 9 of this rule.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 6 - Bonding; Escrow; Retainages › Section 6-11 - Limitation of actions against sureties

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 11.
Unless the bond provides a greater period of time, all suits
				  must be brought against a surety on a bond required by this rule within one (1)
				  year after final settlement with the contractor under section 8 of this rule.
				  All suits against the surety after this time are barred.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 9 - COMMISSION WORKS › Rule 6 - Bonding; Escrow; Retainages › Section 6-12 - Relationship to other laws

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 12.
This rule is intended to supplement all other laws
				  protecting labor, subcontractors, or suppliers and shall not be construed as
				  conflicting with them.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 10 - DISPOSAL OF PROPERTY › Rule 1 - General Provisions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2; IC
				  32-34-1-17
Sec. 1.
The provisions of this article shall apply to all property
				  owned by the commission. This rule shall not app unclaimed property as defined
				  under IC 32-34-1-17.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 10 - DISPOSAL OF PROPERTY › Rule 2 - Disposal of Real and Personal Property › Section 2-1 - Procedures and authorized methods of disposal

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  6-2.5-2; IC
				  15-13-2; IC
				  15-13-4-3; IC
				  20-18-2-12; IC
				  36-1-2-17
Sec. 1.
(a) The
				executive director shall make a finding that property is surplus to the needs
				of the commission.
(b) Real
				property that is held in trust by the commission may only be transferred as set
				forth in IC
				15-13-4-3.
(c) One (1) or more of the following methods
				may be used either singularly or in combination for the disposal of property
				owned by the commission:
(1) Transfer to
				another governmental entity.
(2)
				Competitive sealed bid.
(3) Public
				sale or auction.
(4) Sale for
				reclamation or recycling.
(5)
				Allowance made on another purchase.
(6) Worthless property may be donated to:
(A) a charitable corporation;
(B) an educational entity or a school
				corporation (as defined by IC
				36-1-2-17) ; or
(C) nonpublic schools (as defined in IC
				20-18-2-12) .
(7) Worthless personal property with no
				intrinsic value or worth may be thrown away.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 10 - DISPOSAL OF PROPERTY › Rule 2 - Disposal of Real and Personal Property › Section 2-2 - Disposal of property by means of competitive sealed bids

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 2.
(a) The
				executive director or the commission may direct that items for disposal may be
				disposed of through the competitive sealed bids method.
(b) When property owned by the commission is
				to be disposed of utilizing this method, the following procedures will apply:
(1) A notice of proposed sale containing an
				itemized list of property to be disposed of must be prepared and published in
				at least one (1) newspaper of general circulation within Marion County,
				Indiana. The executive director may direct publication of the itemized list in
				additional newspapers as determined appropriate.
(2) The notice of proposed sale will be
				published thirty (30) days prior to the date of the proposed sale. The notice
				of proposed sale must include the following:
(A) Date and time for the receipt of sealed
				competitive bids.
(B) Location of
				the property to be disposed of for inspection by potential bidders.
(C) Itemized list of property to be disposed
				of.
(D) Terms of the
				sale.
(E) Date and time of bid
				opening.
(3) Award of
				property shall be made to the highest competitive bidder. Settlement and
				payment for property disposed of shall be as specified in the terms of the
				sale, unless otherwise approved by the commission or executive
				director.
(4) Settlements of
				disputes arising concerning the property to be disposed of will be determined
				by the executive director or his or her authorized designee and shall be final
				and conclusive.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 10 - DISPOSAL OF PROPERTY › Rule 2 - Disposal of Real and Personal Property › Section 2-3 - Disposal of property by means of public sale or auction

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 3.
(a) The
				executive director, with approval of the commission, may direct that items for
				disposal may be disposed of through the public auction method.
(b) When property owned by the commission is
				to be disposed of utilizing this method, the following procedures will apply:
(1) A notice of proposed sale containing an
				itemized list of property to be disposed of must be prepared and published in
				at least one (1) newspaper of general circulation within Marion County,
				Indiana. The executive director may direct publication of the itemized list in
				additional newspapers as determined appropriate.
(2) The notice of proposed sale will be
				published thirty (30) days prior to the date of the proposed sale. The notice
				of proposed sale must include the following:
(A) Date and time of the proposed
				sale.
(B) Location of the property
				to be disposed of for inspection by the public.
(C) Location of the proposed sale, if
				different from the location for public inspection.
(D) Itemized list of property to be disposed
				of.
(E) Terms of the
				sale.
(F) Name of auctioneer, as
				appropriate.
(3) Award of
				property shall be made to the highest bidder. Settlement and payment for
				property disposed of shall be as specified in the terms of the sale, unless
				otherwise approved by the commission or executive director.
(4) Settlements of disputes arising
				concerning the property to be disposed of will be determined by the executive
				director or his or her authorized designee and shall be final and
				conclusive.
(5) Nothing in this
				section shall be construed to prevent the designated auctioneer from
				advertising the sale independently as a normal and regular course of doing
				business. However, the auctioneer in posting such advertising shall include the
				items in subdivision (2)(A) through (2)(F) within any such
				advertisement.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 10 - DISPOSAL OF PROPERTY › Rule 2 - Disposal of Real and Personal Property › Section 2-4 - Disposal of property by means of sale for reclamation or recycling

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 4.
(a) The
				executive director, with approval of the commission, may direct that items for
				disposal may be disposed of through the sale for reclamation or recycling
				method.
(b) When property owned by
				the commission is to be disposed of utilizing this method, the following
				procedures will apply:
(1) A detailed listing
				of materials that will be submitted for reclamation or recycling will be
				compiled and maintained in the appropriate records of the commission.
(2) Any materials of toxic or hazardous
				composition must be identified separately and apart from those of nontoxic or
				nonhazardous composition. Any such toxic or hazardous materials must be
				contained or stored in appropriate containers and must be handled in accordance
				with provisions dictated by type and composition of the toxic or hazardous
				materials. (3) Identification of the contractor having the capabilities of
				reclamation or recycling of the property to be disposed of shall be recorded in
				the appropriate records of the commission.
(4) The amount of the proceeds to be received
				under this method shall be recorded in the appropriate records of the
				commission.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 10 - DISPOSAL OF PROPERTY › Rule 2 - Disposal of Real and Personal Property › Section 2-5 - Disposal of property by means of allowance made on another purchase

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 5.
(a) The
				executive director or the commission may direct that items for disposal may be
				disposed of through allowance made on another purchase method.
(b) When property owned by the commission is
				to be disposed of utilizing this method, the following matters will be recorded
				in the appropriate records of the commission:
(1) A detailed listing of materials for which
				allowance will be made on another purchase.
(2) A detailed listing of the purchase for
				which the allowance is being made.
(3) The name of the entity for which this
				transaction is being conducted.
(4)
				The dollar value of both the allowance and the purchase.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 10 - DISPOSAL OF PROPERTY › Rule 2 - Disposal of Real and Personal Property › Section 2-6 - Records and disclosure

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  5-14-3; IC
				  15-13-2
Sec. 6.
Regardless of the disposal methods utilized under this rule,
				  all such transactions, files, records, and associated information are
				  considered as a matter of public record in accordance with the provisions of IC
				  5-14-3 upon completion of all
				  actions utilizing any of the methods outlined in this rule.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 1 - Traffic and Parking Control › Section 1-1 - Traffic and parking control

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 1.
The purpose of this rule is to establish procedures for the
				  handling of vehicular traffic entering, leaving, and parking on the
				  fairgrounds.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 1 - Traffic and Parking Control › Section 1-2 - Speed limit

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 2.
The speed limit on any:
(1) road;
(2) lot;
(3) alley; or
(4) other way; on the property under the
				control and jurisdiction of the state fair commission that may be used by
				vehicular conveyance is twenty (20) miles per hour. Local city, county, and
				state police agencies have the right and full abilities to enforce the speed
				limit on the grounds.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 1 - Traffic and Parking Control › Section 1-3 - Restricted parking areas

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 3.
(a) Areas,
				such as:
(1) restricted areas;
(2) temporary restricted parking
				areas;
(3) designated no parking
				zones and parking for persons with disabilities; or
(4) unloading zones; will be clearly marked
				with either signage, paint, traffic cones, barricades, personnel, or any
				combination thereof to clearly indicate that the area is not intended as a
				parking area or facility. The security or parking services department has the
				responsibility to ensure that when vehicles are parked in a restricted parking
				zone, they may be towed out of the restricted area with or without notice to
				the owner or operator.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 1 - Traffic and Parking Control › Section 1-4 - Parking for persons with disabilities; loading or unloading areas

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 4.
There are restricted areas designated for parking or loading
				  or unloading for persons with disabilities. The areas will be clearly and
				  visibly marked with appropriate signage indicating the areas are restricted to
				  such usage. Vehicles that are parked in a restricted area must display an
				  authorized license plate or state issued window sticker or hang tag that is
				  visible and that clearly indicates that the vehicle is authorized to use areas
				  designated for parking or loading or unloading for persons with disabilities.
				  Any vehicle not displaying a license plate, window sticker, or hang tag will
				  not be allowed to use that area.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 1 - Traffic and Parking Control › Section 1-5 - Signage

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 5.
Signage will be displayed at parking zones for persons with
				  disabilities. Such signage shall display the universal symbol of persons with
				  disabilities or wording, or both, indicating that the respective parking space
				  is reserved for persons with disabilities.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 1 - Traffic and Parking Control › Section 1-6 - Enforcement

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 6.
(a) Security
				and parking services departments will enforce the provisions of this rule. The
				supervisor of the security or parking services department may also contact the
				nearest city, county, or state police department for assistance.
(b) The city, county, or state police
				department have overall jurisdiction and authority to intercede on behalf of
				the state fair commission in the enforcement of this rule if requested by the
				commission.