reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-24 - "Services" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 24.
"Services" means the furnishing of labor, time, or effort by
				  a person not involving the delivery of specific supplies other than printed
				  documents or other items that are merely incidental to the required
				  performance.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-25 - "Specifications" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 25.
(a)
				"Specifications" means a description of the physical or functional
				characteristics of a supply or service or the nature of a supply or
				service.
(b) The term includes a
				description of any requirements for inspecting, testing, or preparing a supply
				or service for delivery.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-26 - "Supplies" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 26.
"Supplies" means any property, including equipment, goods,
				  and materials. The term does not include an interest in real property.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-1 - Purpose and construction

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 1.
The purpose of this article is to establish rules to govern
				  the procurement of supplies and services utilized by the department and to
				  ensure fair competition among persons competing in the procurement process.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-2 - Application

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 2.
This article applies to the following:
(1) Contracts for supplies.
(2) Contracts for services.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-3 - Exceptions

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  8-1-2-1
Sec. 3.
This article applies to every expenditure of public funds,
				  regardless of their source, for the procurement of supplies or services, except
				  for the following:
(1) Public works
				contracts, including contracts for the construction and maintenance of
				highways.
(2) Employment
				contracts.
(3) Contracts between
				governmental bodies.
(4) Contracts
				for which the department utilizes the procurement services provided by the
				Indiana department of administration.
(5) Contracts for professional or consulting
				services.
(6) Contracts involving
				the purchase, sale, or lease of real property.
(7) Contracts with public utilities and
				municipally owned utilities.
(8)
				Contracts with state educational institutions.
(9) Contracts with the American Association
				of State Highway and Transportation Officials.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-4 - Minority participation

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 4.
The department will make good faith efforts to solicit
				  participation of minorities on every invitation for bid.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-5 - Foreign corporations

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  23-1-49-1
Sec. 5.
A foreign corporation must obtain a certificate of authority
				  from the Indiana secretary of state, unless the activity required by the
				  contract is exempt pursuant to IC
				  23-1-49-1
[IC 23-1-49 was repealed by P.L. 118-2017, SECTION 22, effective
				  January 1, 2018.]
.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-6 - Bid guarantees

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 6.
At the discretion of the department, a bidder may be required
				  to submit with its bid a bid guarantee in the form of a certified check, a
				  cashier's check, or a bid bond acquired from a surety company authorized to do
				  business in Indiana. If required, the amount shall be specified in the
				  invitation for bid. The bid guarantee of an unsuccessful bidder will be
				  returned upon award of the contract. The bid guarantee of the successful bidder
				  will be returned after the bidder enters into a contract with the department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-7 - Performance bonds

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 7.
At the discretion of the department, a successful bidder may
				  be required to submit a performance bond in the form of a certified check, a
				  cashier's check, or a performance bond acquired from a surety company
				  authorized to do business in Indiana. If required, the amount of the
				  performance bond and the time that it must be submitted will be specified in
				  the invitation for bid. Performance bonds will be returned, upon request, at
				  the successful completion of the contract.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-8 - Specifications

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 8.
Specifications used by the department shall not unduly
				  restrict competition.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-9 - Public notice

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-3-1; IC 5-22
Sec. 9.
The department shall give notice in the manner required by IC
				  5-3-1.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-10 - Notice to bidders

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 10.
(a) The
				department shall send invitations to bid by mail or as otherwise provided in
				this article to prospective bidders. Failure to give personal notice to a
				particular bidder will not invalidate a procurement under this
				article.
(b) The department shall
				schedule all notices given under this section so as to provide a reasonable
				amount of time for preparation and submission of responses after notification.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-11 - Qualifications and duties of bidders

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 11.
(a) The
				department may request a bidder to submit information to show it is a
				responsible bidder. Failure of a bidder to submit information requested by the
				department shall be cause for the department to determine the bidder is not
				responsible.
(b) If the department
				determines that a bidder is not responsible, that determination shall be made
				in writing.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-12 - Determinations of the department

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 12.
(a) The
				determinations of the department are final.
(b) A person aggrieved by a determination
				described in subsection (a) may file a petition for judicial review of that
				determination in a court of competent jurisdiction.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-13 - Anticompetitive practices

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 13.
If the commissioner determines that a bidder has participated
				  in collusion or other anticompetitive practices, the bidder may be prohibited
				  from bidding on contracts with the department for a period of time determined
				  by the department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-14 - Withdrawal of bids or proposals

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 14.
A bidder bearing proper authorization and identification may
				  sign for and receive an unopened bid or proposal and withdraw the bid or
				  proposal prior to the exact time for submission of bids or proposals. A bidder
				  may modify its bid or proposal by withdrawing its bid or proposal as provided
				  above and resubmitting a modified bid or proposal prior to the exact time for
				  submission of bids or proposals. Neither the staff nor the facilities of the
				  department will be available to assist a bidder desiring to make modifications.
				  It is the bidder's responsibility to make all modifications.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-15 - Bid mistakes

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 15.
(a) After
				the opening of bids, the department shall examine all bids for mistakes. If the
				department finds an obvious clerical mistake in a bid, the department will
				correct the mistake.
(b) After the
				award of a contract, the department may:
(1)
				rescind an award;
(2) rescind a
				contract; or
(3) modify a contract;
when the department finds a mistake was mutual or
				  unilaterally made by the bidder, but was so obvious that the department should
				  have found the mistake.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-16 - Award; cancellation; rejection

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 16.
(a) The
				department reserves the right to accept or reject any or all bids, or any part
				thereof, and to award the items separately or all to one (1) bidder. A bidder
				bidding on an all or none basis must state so in its bid.
(b) Prior to the opening of bids, the
				department may cancel an invitation for bid in whole or in part, when it is in
				the best interest of the department. Reasons for cancellation include, but are
				not limited to:
(1) the department no longer
				requires the supplies or services;
(2) the department no longer can reasonably
				expect to fund the procurement; or
(3) proposed amendments to the invitation for
				bid would be of such magnitude that a new invitation for bid is
				desirable.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 2 - General Provisions › Section 2-17 - Gifts

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 17.
A bidder or contractor shall not offer or give a gift,
				  including, but not limited to, money, goods, services, meals, and entertainment
				  to any officer, employee, section, division, district, or combination thereof
				  of the department if the gift has a fair market value of ten dollars ($10) or
				  more. Exceptions to this provision must be approved, in writing, by the
				  department's commissioner.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 3 - Source Selection and Contract Formation › Section 3-1 - Purchases less than $2,500

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 1.
(a) A
				procurement with an estimated cost not exceeding two thousand five hundred
				dollars ($2,500) may be made under the procedure outlined in this
				section.
(b) Bids shall be invited
				from at least one (1) person known to deal in the supplies or services to be
				procured.
(c) The purchase
				description and date bids are due shall be communicated to the person invited
				to bid. Means of communication may include mail, telephone, electronic mail, or
				facsimile machine.
(d) The
				department may consider an advertised price in a catalog, newspaper
				advertisement, radio commercial, television commercial, or other media
				communication to be a bid received by the department. The department must know
				of the advertised price at the time bids are due.
(e) If a satisfactory bid is received, a
				contract shall be awarded to the lowest responsive and responsible
				bidder.
(f) If no responsive bid is
				received from a responsible bidder, the department reserves the right to repeat
				the process described in this section.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 3 - Source Selection and Contract Formation › Section 3-2 - Purchases less than $75,000

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 2.
(a) A
				procurement with an estimated cost not exceeding seventy-five thousand dollars
				($75,000) may be made under the procedure outlined in this section.
(b) Bids shall be invited from at least three
				(3) persons known to deal in the supplies or services to be procured.
(c) The purchase description and the date
				bids are due shall be communicated to the persons invited to bid. Means of
				communication may include mail, telephone, electronic mail, or facsimile
				machine.
(d) The department may
				consider an advertised price in a catalog, newspaper, advertisement, radio
				commercial, television commercial, or other media communication to be a bid
				received by the department. The department must know of the advertised price at
				the time bids are due.
(e) If
				satisfactory bids are received, a contract shall be awarded to the lowest
				responsive and responsible bidder.
(f) If no responsive bid is received from a
				responsible bidder, the department reserves the right to repeat the process
				described in this section.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 3 - Source Selection and Contract Formation › Section 3-4 - Competitive sealed bids

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  5-22-18-2
Sec. 4.
(a) A
				contract for supplies or services may be awarded under the procedure outlined
				in this section regardless of the estimated dollar value.
(b) An invitation for bid under this section
				shall be issued to potential bidders and must include the following:
(1) A purchase description.
(2) All contractual terms and conditions that
				apply to the purchase.
(3) A
				statement of the evaluation criteria that will be used, including any of the
				following:
(A) Inspection.
(B) Testing.
(C) Quality.
(D) Workmanship.
(E) Delivery.
(F) Suitability for a particular
				purpose.
(4) The time,
				date, and place for opening of bids.
(5) A statement concerning whether the bid
				must be accompanied by a certified check or other evidence of financial
				responsibility that may be imposed in accordance with rules or policies of the
				governmental body.
(6) A statement
				concerning the conditions under which a bid may be canceled or rejected in
				whole or in part as specified under IC
				5-22-18-2.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 3 - Source Selection and Contract Formation › Section 3-5 - Competitive sealed proposal or request for proposal

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-3-1
Sec. 5.
(a) When a
				purchasing agent makes a written determination that the use of competitive
				sealed bidding is either not practicable or not advantageous to the
				governmental body, the purchasing agent may award a contract using the
				procedure provided by this section instead of competitive sealed
				bidding.
(b) The purchasing agent
				shall solicit proposals through a request for proposals, which must include the
				following:
(1) A statement concerning the
				relative importance of price and the other evaluation factors.
(2) A statement concerning whether the
				proposal must be accompanied by a certified check or other evidence of
				financial responsibility.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 3 - Source Selection and Contract Formation › Section 3-6 - General Services Administration

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 6.
The commissioner may authorize a procurement from a person at
				  prices equal to or less than the prices contained in current federal supply
				  service schedules established by the General Services Administration.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 3 - Source Selection and Contract Formation › Section 3-7 - Open-end contracts

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 7.
(a)
				Procurement of various types of aggregates and bituminous materials may be
				awarded under the procedure outlined in this section.
(b) The department will solicit unit prices
				for the various types of aggregates and bituminous materials in the invitation
				for bid. Prices submitted in bids shall be binding upon the bidder for the time
				period specified in the invitation for bid.
(c) A procurement of a specified quantity of
				material will be awarded to the bidder whose relative cost per unit is the
				lowest, using the following formula:
C = P + (2 × D × M)
Where: P = Price quoted per unit
D = Haul distance from supplier to the department
				  worksite.
M = Cost per mile as determined by the department.
C = Relative cost per unit.
(d) The department may continue to procure
				materials from the bids submitted for the period specified in the invitation
				for bid.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 3 - Source Selection and Contract Formation › Section 3-8 - Special procurements

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 8.
(a)
				Notwithstanding any other provision of this article, a purchasing agent may
				make a purchase without soliciting bids or proposals under any of the following
				circumstances:
(1) When there exists a unique
				opportunity to obtain supplies or services at a substantial savings to the
				department.
(2) When the market
				structure requires the department to inspect and bid on the supplies to be
				procured.
(3) When only one (1)
				source meets the department's reasonable requirements for the procurement of
				data processing contracts or license agreements involving:
(A) software programs; or
(B) supplies or services.
(4) When the compatibility of
				equipment, accessories, or replacement parts is a substantial consideration in
				the procurement and only one (1) source meets the department's reasonable
				requirements.
(5) When there
				exists, under emergency conditions, a threat to public health, welfare, or
				safety.
(6) When the department has
				solicited for a procurement and has not received a responsive bid from a
				responsible bidder.
(7) When
				procurement of the required supplies or services would seriously impair the
				functioning of the department.
(8)
				For the evaluation of supplies or a system containing supplies to obtain
				functional information or comparative data or for any other purpose that in the
				judgment of the commissioner may advance the long term competitive position of
				the state.
(9) For the procurement
				of copyrighted materials to be used, provided, or distributed by the
				department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 3 - Source Selection and Contract Formation › Section 3-9 - Sole source procurement

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 9.
A contract may be awarded for a supply or service without
				  competition when the commissioner has determined that there is only one (1)
				  source for the required supply or service. A copy of the determination shall be
				  made a part of the contract file.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 3 - Source Selection and Contract Formation › Section 3-10 - Fuel contracts

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 10.
(a)
				Procurement of fuel may be made under the procedure outlined in this
				section.
(b) The department may
				procure fuel for an individual vehicle or piece of equipment in the same manner
				that a reasonable person would procure the same quantity of fuel.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 4 - Contract Terms › Section 4-1 - Price adjustments

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 1.
The department may enter into a contract that provides for
				  price adjustments under the conditions defined in the invitation for bid.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 4 - Contract Terms › Section 4-2 - Equipment rental or lease agreements

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-14
Sec. 2.
(a) The
				department may enter into a rental or lease agreement under the following
				circumstances:
(1) When the total cost of the
				proposed rental over the anticipated period of use of the equipment does not
				exceed the original cost of the equipment to be rented.
(2) When the rent to be paid by the
				department does not exceed the amount listed in the most recent issue of the
				"Compilation of Rental Rates for Construction Equipment", as prepared and
				distributed by the Associated Equipment Distributors.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 4 - Contract Terms › Section 4-3 - Equipment rental or lease with option to purchase

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 3.
A contract for rental or lease may contain an option to
				  purchase under the following circumstances:
(1) Exercise of the option shall be at the
				sole discretion of the commissioner.
(2) The option must be part of the invitation
				for bid.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 4 - Contract Terms › Section 4-4 - Additions

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 4.
(a) If a
				bidder inserts contract terms or bids on items not listed in the invitation for
				bid, the department will treat the additional material as a proposal for
				addition to the contract and may:
(1) find the
				bidder to be nonresponsive;
(2)
				permit the bidder to withdraw the proposed additions to the contract;
				or
(3) accept any of the proposed
				additions to the contract.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 4 - Contract Terms › Section 4-5 - Modifications and change orders

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 5.
The department may execute contract modifications and issue
				  change orders on a contract. A contract modification or change order may not
				  materially change the terms of the contract.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 4 - Contract Terms › Section 4-6 - Option to renew

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 6.
A contract may contain an option to renew or extension of its
				  terms, for a specified period of time, under the following
				  circumstances:
(1) Exercise of the
				option is at the discretion of the department.
(2) The provision must be included in the
				solicitation.
(3) A contract for
				supplies may be entered into for a period not to exceed four (4)
				years.
(4) Performance obligations
				for succeeding fiscal years shall be subject to availability of funds for each
				year.
(5) The invitation for bid
				and contract specify the exact payment terms.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 1 - General Provisions › Section 1-1 - Purpose of this article

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-1-26
Sec. 1.
(a) The
				department is authorized to manage the right-of-way of the state highway
				system. The purpose of this article is to establish a formal procedure for
				highway improvement projects that involve the relocation of utility facilities
				by providing for the exchange of information and the implementation of their
				respective responsibilities among the department, utilities, and the
				contractor.
(b) This article is not
				intended to modify the provisions of IC 8-1-26.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 1 - General Provisions › Section 1-2 - Applicability

Current through July 10, 2024
Authority: IC 8-23-2-5; IC 8-23-2-6
Affected: IC 8-23-2
Sec. 2.
(a) This
				article applies to improvement projects, as defined in
				105 IAC
				13-2-10, when the:
(1) department begins the work described in
				105 IAC 13-3-1(b)
				 after June 20, 2008; or
(2) design survey was completed before June
				20, 2008, if the affected utility was provided:
(A) response times; and
(B) notices;
that were in substantial compliance with this article.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 1.
The definitions in this rule apply throughout this article.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-2 - "Authorized representative" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 2.
"Authorized representative" means the person named by the
				  utility as its designated contact person.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-3 - "Compensable work" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 3.
"Compensable work" means facility relocation for which the
				  department will reimburse the utility under Indiana law.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-4 - "Contractor" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 4.
"Contractor" means the person or entity that enters into a
				  contract with the department for an improvement project.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-5 - "Day" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 5.
"Day" means any calendar day of the year. If more than one
				  (1) day, the term includes any consecutive day or days of any year or years.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-6 - "Department" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 6.
"Department" means the Indiana department of transportation
				  (INDOT) or any agent that:
(1) INDOT
				has authorized through written or electronic communication; and
(2) is acting on behalf of the
				department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-7 - "Facility" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 7.
"Facility" shall include all privately, municipally,
				  publicly, or cooperatively owned systems for supplying:
(1) communications;
(2) power;
(3) light;
(4) heat;
(5) electricity;
(6) gas;
(7) water;
(8) pipeline;
(9) sewer;
(10) sewage disposal;
(11) drain; or
(12) like;
service, directly or indirectly, to the public. The term
				  includes cable television systems.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-8 - "Facility relocation" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 8.
"Facility relocation" means any activity involving a facility
				  that is needed for an improvement project including, but not limited to, the
				  following:
(1) Abandoning.
(2) Altering.
(3) Deactivating.
(4) Installing.
(5) Maintaining.
(6) Modifying.
(7) Moving.
(8) Removing.
(9) Supporting.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-9 - "Highway" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 9.
"Highway" means any roadway:
(1) under the jurisdiction of the department;
				or
(2) where an improvement project
				is planned.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-10 - "Improvement project" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 10.
"Improvement project" means the construction, reconstruction,
				  rehabilitation, and process incidental to building, fabricating, or bettering
				  any of the following:
(1) A state,
				United States, or interstate route.
(2) Projects within the state parks or other
				roadways the department is required by statute to build and maintain.
(3) A local project administered by the
				department.
(4) A project on the
				state highway system administered by a local authority.
The term does not include routine maintenance.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-11 - "Initial notice" defined

Current through July 10, 2024
Authority: IC 8-23-2-5; IC 8-23-2-6
Affected: IC 8-23-26
Sec. 11.
"Initial notice" means a written notice denoted as an
				  "Initial notice" that is:
(1) prepared
				by the department for an improvement project; and
(2) sent by mail to the utility under
				105 IAC
				13-3-1(c).
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-12 - "Letting date" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 12.
"Letting date" means the date the department opens bids for
				  an improvement project.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-13 - "Mail" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 13.
"Mail" means a written transmittal or electronic file
				  readable by the department and sent to the addressee by:
(1) U.S. mail;
(2) private carrier;
(3) e-mail;
(4) fax; or
(5) hand delivery.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-14 - "Major project" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 14.
"Major project" means an improvement project that:
(1) due to scope or complexity, involves a
				long term design process of more than twelve (12) months; or
(2) is otherwise designated by the department
				as a major project.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-15 - "Minor project" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 15.
"Minor project" means an improvement project that:
(1) due to scope or complexity, involves a
				short term design process of less than twelve (12) months; or
(2) is otherwise designated by the department
				as a minor project.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-16 - "Project plan" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 16.
"Project plan" means the plans for the improvement project
				  suitable for the design of facility relocation that the department sends to the
				  utility.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-17 - "Ready for contract date" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 17.
"Ready for contract date" means the date established by the
				  department when all materials will be available for the preparation of contract
				  documents for an improvement project. This date is subject to change depending
				  on the actual progress of the design.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-18 - "Utility" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 18.
"Utility" means the owner of a facility.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 2 - Definitions › Section 2-19 - "Work plan" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-26
Sec. 19.
"Work plan" means a plan of the utility to carry out facility
				  relocation to accommodate an improvement project.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 3 - Procedure › Section 3-1 - Identification and notification

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC
				  8-1-26-17
Sec. 1.
(a) Each
				utility shall submit the following information about its authorized
				representative to the department in January of each year:
(1) Name.
(2) Street address.
(3) Mailing address.
(4) Phone number.
(5) Fax number.
(6) E-mail address.
If any of the prescribed information changes, the department
				  shall be notified within thirty (30) days.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 3 - Procedure › Section 3-2 - Verification of existing facilities

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-2
Sec. 2.
(a) The
				department shall send by mail to each utility a copy of the plan sheets
				identified in section 1(f) of this rule that shows all existing facilities
				known to the department that are within the:
(1) right-of-way of the improvement project;
				or
(2) geographical limits of the
				improvement project.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 3 - Procedure › Section 3-3 - Work plan development

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 4-21.5-3
Sec. 3.
(a) In
				conjunction with the mailing in section 2(a) of this rule or as a separate
				mailing later, the department shall send by mail preliminary project plans to
				the involved utilities. After receiving the preliminary project plans, each
				utility shall do the following:
(1) Review the
				preliminary project plans.
(2)
				Declare in writing to the department whether there are or are not conflicts
				between its facilities and the improvement project.
(3) Detail in writing to the department any
				conflicts between its facilities and the proposed improvement project within:
(A) thirty (30) days for minor projects;
				or
(B) sixty (60) days for major
				projects.
Failure to reply within the allotted time shall be deemed an
				  indication of no conflicts. In the event of conflicts, the utility may
				  recommend design changes for the improvement project to minimize utility costs
				  or delays. The department will review the recommended changes and implement the
				  changes where appropriate.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 3 - Procedure › Section 3-4 - Construction

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-2
Sec. 4.
(a) The
				department shall notify the utility by mail not less than thirty (30) days
				before the utility is required to begin the implementation of the approved work
				plan. The utility shall acknowledge the notification by mail within fifteen
				(15) days.
(b) The department will
				include or reference a copy of each approved work plan in the highway
				contract.
(c) If an approved work
				plan is dependent on work by the contractor, the contractor shall do the
				following:
(1) Provide the department and the
				utility a good faith notice not less than fifteen (15) days before the
				contractor's work is expected to be complete and ready for the utility to
				implement its work plan.
(2) Follow
				up with a confirmation notice to the department and the utility not less than
				five (5) days before the contractor's work will be complete so that the utility
				may implement the work plan.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 3 - Procedure › Section 3-5 - Work plan revisions

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-23-2
Sec. 5.
(a) If,
				before the letting date of the improvement project, the project plan is revised
				so that additional facility relocation work is found necessary, the:
(1) department shall:
(A) furnish to the utility the revised
				project plan under section 3 of this rule; and
(B) identify to the utility the revisions
				within the project plan; and
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 13 - UTILITY FACILITY RELOCATIONS ON CONSTRUCTION CONTRACTS › Rule 3 - Procedure › Section 3-6 - Responsibilities

Current through July 10, 2024
Authority: IC
				  8-23-2-5; IC
				  8-23-2-6
Affected: IC 8-1-26
Sec. 6.
(a) The
				utility, contractor, and department shall perform the duties imposed by the
				approved work plan, contract, and this article within the time frames
				specified.
(b) Factors that shall
				excuse a utility from meeting the schedule in its approved work plan include
				the following:
(1) The facility relocation was
				impacted by any of the following:
(A)
				Significantly differing site conditions.
(B) Unexpected impacts of other
				utilities.
(C) Other unforeseen
				circumstances that could not have been reasonably anticipated through due
				diligence.
(D) A force majeure
				event.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 14 - TOLL ROADS › Rule 1 - Toll Rate Structure › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 8-9.5-8-8; IC 8-15-2-14; IC 8-23-2-6
Affected: IC 8-15-2
Sec. 1.
The following definitions apply throughout this article
				  unless the context indicates another or different meaning or intent:
(1) "Authority" means the Indiana finance
				authority.
(2) "Axle" means the
				common axis of rotation of one (1) or more wheels:
(A) whether power driven or freely
				rotating;
(B) whether in one (1) or
				more segments; and
(C) regardless
				of the number of wheels carried thereon.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 14 - TOLL ROADS › Rule 1 - Toll Rate Structure › Section 1-2 - Classification of vehicles

Current through July 10, 2024
Authority: IC 8-9.5-8-8; IC 8-15-2-14; IC 8-23-2-6
Affected: IC 8-15-2
Sec. 2.
For the purposes of the toll payable under the toll schedule
				  adopted by the department for the use of the Indiana toll road, the following
				  classifications shall apply:
(1) Class
				2. Any vehicle with two (2) axles, including motorcycles.
(2) Class 3. Any vehicle or combination with
				three (3) axles.
(3) Class 4. Any
				vehicle or combination with four (4) axles.
(4) Class 5. Any vehicle or combination with
				five (5) axles.
(5) Class 6. Any
				vehicle or combination with six (6) axles.
(6) Class 7. Any vehicle or combination with
				seven (7) or more axles and all LCVs.
(7) Class 8. Commuters.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 14 - TOLL ROADS › Rule 1 - Toll Rate Structure › Section 1-3 - Payment of tolls

Current through July 10, 2024
Authority: IC 8-9.5-8-8; IC 8-15-2-14; IC 8-23-2-6
Affected: IC 8-9.5-8-6; IC 8-15-2
Sec. 3.
(a) Every
				operator of a vehicle using the toll road shall pay the toll prescribed by the
				department, except when the use shall have been exempted from the payment by
				the department.
(b) All persons
				driving vehicles upon the toll road, except as provided in section 6 of this
				rule, are required to pay the prescribed toll at each toll plaza encountered
				while using the toll road. Tolls may be paid by:
(1) currency or change presented to a toll
				collector; or
(2) correct change
				deposited in the automatic coin machine.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 14 - TOLL ROADS › Rule 1 - Toll Rate Structure › Section 1-4 - Loss of toll ticket; excessive time on toll road

Current through July 10, 2024
Authority: IC 8-9.5-8-8; IC 8-15-2-14; IC 8-23-2-6
Affected: IC 8-15-2
Sec. 4.
The operator of any vehicle who, for any reason:
(1) does not have a toll ticket upon reaching
				the exit toll plaza at which he or she seeks to leave the toll road;
				or
(2) presents a toll ticket that
				was issued at entry fourteen (14) hours or more before exiting from the toll
				road;
shall be charged the highest toll chargeable for the
				  applicable vehicle classification from either terminus of the toll
				  road.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 14 - TOLL ROADS › Rule 1 - Toll Rate Structure › Section 1-5 - Exit of vehicle at point of entry; disabled vehicle in tow

Current through July 10, 2024
Authority: IC 8-9.5-8-8; IC 8-15-2-14; IC 8-23-2-6
Affected: IC 8-15-2
Sec. 5.
The presentation of a toll ticket, by the operator of any
				  vehicle, for payment at the same toll plaza at which the toll ticket was issued
				  shall be prima facie evidence of violation of 135 IAC 2-2-4 or 135 IAC 2-2-5,
				  or both. Therefore, the operator shall be charged the highest toll chargeable
				  for the appropriate vehicle classification from either terminus of the toll
				  road. A disabled vehicle in tow by an authorized emergency service vehicle on
				  the toll road shall not be charged a toll if it is necessary, under 135 IAC 2,
				  for the particular vehicle to leave the toll road at the same plaza at which it
				  entered.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 14 - TOLL ROADS › Rule 1 - Toll Rate Structure › Section 1-6 - Toll-free travel

Current through July 10, 2024
Authority: IC 8-9.5-8-8; IC 8-15-2-14; IC 8-23-2-6
Affected: IC 8-15-2
Sec. 6.
No free vehicular passage will be permitted over any part of
				  the toll road except to the following:
(1) The department's:
(A) members;
(B) officers;
(C) employees;
(D) agents; and
(E) representatives.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 15 - TOLL BRIDGES › Rule 1 - Definitions › Section 1-2 - "Automobile" defined

Current through July 10, 2024
Authority: IC 8-15-3
Affected: IC 8-16-1
Sec. 2.
"Automobile" means any self-propelled two (2) axle vehicle
				  designed for the transportation of people, including a bus with two (2) axles
				  and without dual rear wheels.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 15 - TOLL BRIDGES › Rule 1 - Definitions › Section 1-3 - "Axle" defined

Current through July 10, 2024
Authority: IC 8-15-3
Affected: IC 8-16-1
Sec. 3.
"Axle" means the common axis of rotation of one (1) or more
				  wheels, whether power driven or freely rotating, and whether in one (1) or more
				  segments and regardless of the number of wheels carried thereon.