Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

As added by P.L.18-1990, SEC.218. Repealed by P.L.267-2001, SEC.2.

Sec. 21. Every contract for highway work shall be made in the name of the state and signed by the commissioner and the contracting parties. The contract shall be submitted to and approved by the attorney general with regard to legality and form. As added by P.L.18-1990, SEC.218. …

Sec. 22. A bid submitted for the construction or betterment of a state highway must contain a statement stipulating the hourly rate for laborers. The hourly rate may not be lower than the hourly rate paid for common labor by the department. The hourly rate in the bid becomes a pa…

Sec. 23. It must be a condition of every contract let by the department for the construction of a state highway or bridge that all unskilled laborers employed on the work be residents of the county or counties in which the highway or bridge is being constructed if the labor is av…

Sec. 24. If in the construction or maintenance of a state highway it is necessary to remove or bury a monument marking or evidencing an established corner, the department shall cause to be set in the pavement or right-of-way at the place where the monument was located a monument …

work; costs and expenses Sec. 25. Any time a contractor: (1) fails to commence or carry forward; (2) improperly performs; (3) has abandoned; or (4) fails or refuses to complete; a contract executed under this chapter, the commissioner may relet the work or may complete the work. …

Sec. 26. A person, firm, limited liability company, or corporation to whom any money is owed for having performed labor or furnished material or other service in the construction of a highway or bridge in the state highway system or in the construction or repair of a building or …

Sec. 27. A claim under section 26 of this chapter must be filed in triplicate, and the department shall send a copy by certified mail to the contractor and to the surety on the bond of the contractor. The failure to mail copies to the contractor and surety does not affect the val…

Sec. 28. Upon the receipt of a claim under section 26 of this chapter, the department shall retain out of the amount due the contractor the amount of the claim. As added by P.L.18-1990, SEC.218.

Sec. 29. Within twenty (20) days of the receipt of a copy under section 27 of this chapter, the contractor shall either allow or reject the claim. The contractor shall notify the department in writing of the allowance or rejection. As added by P.L.18-1990, SEC.218.

Sec. 3. Except as provided in sections 4 and 4.5 of this chapter, the commissioner shall let the contract for the construction, improvement, or maintenance of the road to the lowest and best bidder. The determination of the lowest and best bidder must include any requirement impo…

of actions Sec. 30. If a claim is rejected in whole or in part, the department shall immediately notify the claimant of the action by certified mail. Within ninety (90) days after receiving notice of a rejection the claimant must commence an action against the contractor or the s…

Sec. 31. If an action is filed and the department notified under section 30 of this chapter, the department shall continue to hold the amount until the final determination of the action. If it is adjudged that the amount or a part is due to the claimant, the department shall pay …

Sec. 33. In addition to the remedy given in sections 26 through 31 of this chapter, a person, firm, limited liability company, or corporation may proceed against a contractor and surety as provided by section 10 of this chapter. As added by P.L.18-1990, SEC.218. Amended by P.L.8-…

Sec. 34. Whenever a claim has been filed under this chapter with the department by a person, firm, limited liability company, or corporation who has performed labor or furnished material or other service in the construction, repair, or maintenance of a highway or bridge in the st…

Sec. 35. Notice under section 34 of this chapter shall be mailed to the person, firm, limited liability company, or corporation by certified mail to the last known address. If the address of the person, firm, limited liability company, or corporation is unknown, the notice shall …

Sec. 36. Upon the filing of an action under section 34 of this chapter, the person, firm, limited liability company, or corporation filing the action shall procure from the clerk of the court where filed a certificate under the seal of the court that an action has been filed with…

of claimant Sec. 37. Upon the filing of an action and the receipt of a certificate under section 36 of this chapter, the department shall hold the money, security, or other thing held by the department for the protection of the claim, until the final determination of the action. …

Sec. 38. If a claimant does not file an action under section 36 of this chapter within the time specified in the notice or fails to file with the department the certificate of the clerk, the department shall pay the amount held by the department on the claim to the contractor. If…

Sec. 39. Sections 34 through 38 of this chapter do not limit or abridge the right of a person, firm, limited liability company, or corporation to proceed against a contractor and surety as provided by section 10 of this chapter. As added by P.L.18-1990, SEC.218. Amended by P.L.8-…

Sec. 4. Notwithstanding any other statute or rule adopted by the department, the department may accept a proposal and award a contract for the construction, improvement, or maintenance of a road if: (1) the lowest responsive and qualified bid is: (A) less than three million dolla…

maintenance; exception to competitive bid requirements Sec. 4.5. (a) As used in this section, "qualified work release program" refers to: (1) a work release program that is established by the department of correction under IC 11-10-8 or IC 11-10-10; or (2) a county work release p…

Sec. 40. Whenever a state highway is being constructed or reconstructed and the highway crosses or intersects a railroad, the department may, if in its opinion it is practicable, separate grades at the crossings. If the department is unable to agree with the railroad as to the se…

duties of parties involved Sec. 41. Upon the filing of a petition under section 40 of this chapter, the utility regulatory commission has and shall exercise all of the powers and authority conferred upon it by IC 8-6-1. A railroad, interurban street railroad, or suburban street r…

Sec. 42. When any separation of grades is made by agreement or by order, the department shall pay one-half (1/2) of the total expense of a separation as a part of the cost of the highway, and the railroad whose tracks are involved in the separation shall pay the other one-half (1…

payment of costs Sec. 43. If two (2) or more railroads, interurban street railroads, or suburban street railroads are located in proximity to each other as to be involved in a single separation of grades, the utility regulatory commission shall pay the half of the cost not paid b…

Sec. 44. After the construction of a separation, the department shall maintain the highway and the structures supporting it and the railroad shall maintain its roadway and track and the structures supporting the same. As added by P.L.18-1990, SEC.218.

Sec. 45. Where the track or tracks of any steam, electric, interurban, or street railroad company occupies any part of a highway that is ordered improved and maintained by the department under this chapter, the railroad company shall improve and maintain, or pay for the cost of i…

Sec. 46. Whenever a highway improvement under section 45 of this chapter is made so as to embrace within its limits the tracks of a railroad, interurban, suburban, or street railroad, the improvement shall be made of sufficient width to give as much room for general travel on the…

pay for improvements Sec. 47. A railroad company may elect, by written notice filed with the department, not less than twenty (20) days before the date on which the contract for the improvement of a highway is to be let, to improve the part of the highway occupied by its tracks o…

signs and markers; violations Sec. 48. (a) A state highway may not be torn up or otherwise disturbed for any purpose without the written permit of the commissioner and then only in accordance with the regulations prescribed by the commissioner. All work shall be done under the de…

facilities Sec. 49. The construction of public road approaches, drainage structures for the reconstruction of definitely existing private entrances, and the drainage necessary for the protection of a state highway shall be included as a part of the improvement of the highway. Upo…

received Sec. 5. If, in the opinion of the commissioner, no satisfactory proposal has been received, the commissioner may do the following: (1) Purchase the necessary material and equipment. (2) Employ the necessary labor. (3) Perform the work of constructing, improving, or maint…

materials Sec. 50. The department, with the approval of the governor, may enter into an agreement with the authorities of any of the penal institutions of the state, county, or city for the use of prison labor in the preparation and manufacturing of road materials. As added by P.…

Sec. 51. All drains, culverts, and bridges on any state highways shall be considered as part of the state highway. All bridges having a span over twenty (20) feet in length may be let as a separate contract, the procedure to be the same as in the letting of contracts for state hi…

standards Sec. 52. (a) A department contract that specifies borrow or clearing and grubbing must require the contractor to conform to the department's manual of standard specifications and must include standards for the following: (1) Borrow pit back-slopes. (2) Control of draina…

Sec. 53. (a) This section applies to a construction, an improvement, or a maintenance project that requires creation of a trench of at least five (5) feet in depth. (b) OSHA regulations, 29 C.F.R. 1926, Subpart P, for trench safety systems shall be incorporated into the contract …

Sec. 54. (a) To provide funds for carrying out the provisions of this chapter, there is created a state highway fund from the following sources: (1) All money in the general fund to the credit of the state highway account. (2) All money that is received from the Department of Tra…

Sec. 55. Money in the state highway fund shall be used for the following: (1) Operation of the department. (2) Construction, reconstruction, operation, maintenance, and control of the state highways that are the responsibility of the department and of tollways that are the respon…

transportation and infrastructure assessment and solutions Sec. 56. (a) The department may cooperate with and assist Purdue University in developing the best methods of improving and maintaining the highways of the state and the respective counties. In so cooperating with Purdue …

Sec. 57. The department may cooperate with the governing officials of state highway agencies and systems in one (1) or more other states or the Federal Highway Administration in research in conducting tests and experiments designed to develop the best methods of constructing, imp…

contractor's right to compensation or expenses Sec. 58. (a) This section applies to a construction contract entered into by the department and a contractor after June 30, 2005. (b) The department may not include in a contract, or in any specifications or other documents that are …

Sec. 59. (a) IC 5-22-16.5 (Disqualification of Contractors Dealing with the Government of Iran) applies to the awarding of contracts, including contracts for professional services, under this article. (b) For purposes of applying IC 5-22-16.5 to contracts awarded under this artic…

Sec. 6. The commissioner may not expend more than eighty-five percent (85%) of the amount of the lowest and best proposal submitted for the kind of improvement proposed to be made when acting under section 5 of this chapter. As added by P.L.18-1990, SEC.218.

Sec. 60. (a) As used in this section, "adequate welding standards" means specifications, guidelines, tests, and other methods used to ensure that all structural steel welds meet, at minimum, the codes and standards for such welds established in the welding code and under rules ad…

equipment Sec. 7. The department shall adopt rules governing the purchase of material and equipment to the extent that complete competition is ensured. As added by P.L.18-1990, SEC.218.

Sec. 8. The department: (1) shall require each bidder to submit a bid guarantee and a performance bond payable to the state with the bidder's proposal if the estimated cost of the project is more than two hundred thousand dollars ($200,000); and (2) may require a bidder to submit…

Sec. 9. The bid guarantee must be in the penal sum of an amount equal to five percent (5%) of the bid price. The performance bond must be in a penal sum set by the commissioner, but may not be less than an amount equal to the bidder's proposal or the contract price, where the bid…

Sec. 1. This chapter applies notwithstanding any other law and shall be liberally construed. As added by P.L.55-1994, SEC.1.

Sec. 2. As used in this chapter, "authority" means: (1) an authority or agency established under IC 8-1-2.2 or IC 8-9.5 through IC 8-23; (2) when acting under a referenced statute (as defined in IC 5-1.2-2), the Indiana finance authority established by IC 5-1.2-3; (3) only in con…