Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-23-9.5-1 Contracts for delivery of certain projects; rules; liability
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Sec. 1. (a) This chapter authorizes the department to enter into a contract for delivery of certain projects by a construction manager general contractor or a progressive design-builder. (b) The department may adopt rules under IC 4-22-2, including emergency rules adopted in the …
Ind. Code § 8-23-9.5-10 "PDB" or "progressive design-builder"
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Sec. 10. As used in this chapter, "PDB" or "progressive design-builder" refers to a person that has been awarded a contract by the department in which design services, preconstruction services, and construction services of a project are procured from a person that is selected thr…
Ind. Code § 8-23-9.5-11 "Project"
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Sec. 11. (a) As used in this chapter, "project" means services provided using a two-phase contract with a CMGC or a PDB for preconstruction services and construction services to design, construct, alter, or repair: (1) a state highway; (2) a limited access facility (as defined in…
Ind. Code § 8-23-9.5-12 "Proposal"
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Sec. 12. As used in this chapter, "proposal" means an offer by a CMGC or PDB to enter into a contract with the department in response to a request for proposals by the department under section 16 of this chapter. As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-9.5-13 "Selection panel"
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Sec. 13. As used in this chapter, "selection panel" means a panel of individuals who are: (1) employed by the department; and (2) tasked with interviewing and scoring the three (3) proposals with the highest scores selected by the evaluation committee for a possible contract with…
Ind. Code § 8-23-9.5-14 "Request for proposals"
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Sec. 14. As used in this chapter, "request for proposals" refers to the process by which the department solicits persons to provide services as a CMGC or PDB under this chapter. As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-9.5-15 Answering requests for proposals; eligibility
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Sec. 15. A person may submit a proposal to answer a request for proposals to provide services as a CMGC or a PDB to the department for a project if the person is qualified by the department in compliance with IC 8-23-10. As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-9.5-16 Requests for proposals for services by CMGC or PDB
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Sec. 16. (a) The department shall issue a request for proposals to enter into a contract for services by a CMGC or a PDB for a project under this chapter. (b) A request for proposals must include the following: (1) A description of the project. (2) An estimate of the cost of the …
Ind. Code § 8-23-9.5-17 Evaluation committee; selection panel
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Sec. 17. (a) Before entering into a contract under this chapter, the department must appoint an evaluation committee. (b) The evaluation committee shall rank the proposals submitted to the department by assigning a score to each proposal based on the evaluation criteria specified…
Ind. Code § 8-23-9.5-18 Negotiations; limit of two projects per year
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Sec. 18. (a) Upon approval of the final scoring of the CMGCs or the PDBs by the commissioner, the department shall enter into negotiations with the CMGC or PDB with the highest score as determined under section 17 of this chapter for a contract. (b) If the department is unable to…
Ind. Code § 8-23-9.5-19 Conditional contracts
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Sec. 19. A contract may be conditional upon subsequent refinements in scope and price and may permit the department to make changes to the scope of the project without invalidating the contract. As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-9.5-2 "CMGC" or "construction manager general contractor"
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Sec. 2. As used in this chapter, "CMGC" or "construction manager general contractor" means a person that is awarded a two (2) phase contract for a project, and is responsible for providing: (1) preconstruction services under phase one (1); and (2) if a price agreement is reached,…
Ind. Code § 8-23-9.5-20 Replacing subcontractors
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Sec. 20. (a) A CMGC or PDB may not replace a person identified as a person with which the CMGC or PDB proposes to enter into a subcontract for services under a contract without: (1) the approval of the department; and (2) a written determination by the department that a legitimat…
Ind. Code § 8-23-9.5-21 Plans and specifications
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Sec. 21. The department or a PDB selected under section 18 of this chapter shall develop plans and specifications to: (1) advertise a proposal for a project under this chapter; and (2) accept bids in accordance with IC 8-23-9 and IC 8-23-10. As added by P.L.60-2023, SEC.2.…
Ind. Code § 8-23-9.5-22 Cost estimates; mutually acceptable contract terms
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Sec. 22. (a) The department and a CMGC or PDB selected under section 18 of this chapter shall independently perform estimates of the cost of construction services. (b) The department and the CMGC or PDB shall endeavor to negotiate mutually acceptable contract terms for constructi…
Ind. Code § 8-23-9.5-23 Terminating contracts
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Sec. 23. The department, a CMGC, or a PDB may terminate a contract as follows: (1) For a contract with a CMGC: (A) at any time under phase one (1); or (B) in accordance with the provisions provided in the request for proposals under phase two (2); of the contract. (2) For a contr…
Ind. Code § 8-23-9.5-24 Negotiations with another CMGC or PDB; terminating
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projects Sec. 24. The department may proceed to negotiate a contract under this chapter with another CMGC or PDB, or terminate a project if any of the following occur: (1) A contract is terminated under section 23 of this chapter. (2) The department and the selected CMGC or PDB a…
Ind. Code § 8-23-9.5-25 Department requirements
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Sec. 25. The department shall do the following: (1) Publish, on the department's website, the final scoring of each proposal submitted to the department for the project as determined by the evaluation committee and the selection committee. (2) Provide, upon the request of a perso…
Ind. Code § 8-23-9.5-26 Payment and performance bonds
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Sec. 26. (a) A contract with the department entered into under this chapter must require the selected CMGC or PDB to provide payment and performance bonds in an amount not less than the estimated cost of: (1) the project; or (2) the GMP, as described in the request for proposals.…
Ind. Code § 8-23-9.5-27 Class C infraction; disqualification
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Sec. 27. It is a Class C infraction for a person that submits a proposal under this chapter to make a false statement regarding the financial worth of the person in a proposal or other written instrument filed by the person with the department under this chapter or rules adopted …
Ind. Code § 8-23-9.5-28 Expiration
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Sec. 28. This chapter expires July 1, 2028. As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-9.5-3 "Construction services"
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Sec. 3. As used in this chapter, "construction services" means the physical construction work undertaken by a CMGC or PDB to construct any portion of a project which may be awarded as a single contract for a project or multiple contracts for portions of a project. As added by P.L…
Ind. Code § 8-23-9.5-4 "Design services"
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Sec. 4. As used in this chapter, "design services" means services performed by a professional services consultant that is qualified by the department to provide services. As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-9.5-5 "Evaluation committee"
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Sec. 5. As used in this chapter, "evaluation committee" refers to a group of individuals who are: (1) employed by the department; (2) responsible for evaluating proposals; and (3) responsible for choosing not more than three (3) proposals with the highest scores to be considered …
Ind. Code § 8-23-9.5-6 "GMP"
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Sec. 6. As used in this chapter, "GMP" refers to the guaranteed maximum price for work established by a contract. As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-9.5-7 "Person"
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Sec. 7. As used in this chapter, "person" means an individual, a firm, a partnership, a limited liability company, a joint venture, an association, a corporation, or another legal entity. As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-9.5-8 "Preconstruction services"
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Sec. 8. As used in this chapter, "preconstruction services" means consulting to provide information regarding the impact of design on the construction services of a project, including: (1) scheduling; (2) work sequencing; (3) cost engineering; (4) constructability; (5) cost estim…
Ind. Code § 8-23-9.5-9 "Professional services consultant"
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Sec. 9. As used in this chapter, "professional services consultant" means a person that performs: (1) program management; (2) construction management; (3) feasibility studies; (4) preliminary engineering; (5) design engineering; (6) surveying; (7) mapping; or (8) architectural se…