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Chapter 1. Public Works by State Agencies
5-16-1-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The addition of section 8 of this chapter...
5-16-1-1. Repealed - Formerly: Acts 1947, c.306, s.1; Acts 1949, c.136, s.1; Acts...
5-16-1-1.1. Application of Chapter - Sec. 1.1. (a) For purposes of this section, the term...
5-16-1-1.2. Adoption of Plans and Specifications; Awarding of Contract - Sec. 1.2. (a) When a public building or other public...
5-16-1-1.3. Construction or Alteration of Certain Public Buildings - Sec. 1.3. Construction or alteration of any public building, the...
5-16-1-1.4. Securing Bids or Causing Work to Be Done; Placement of Plans on File - Sec. 1.4. For the purpose of securing bids or for...
5-16-1-1.5. State Educational Institutions; Performance of Certain Work by Its Own Employees; Conditions - Sec. 1.5. (a) The governing board of any state educational...
5-16-1-1.6. Declaration of Emergency Reconstruction or Repair of Building or Structure; Quotes by Invitation - Sec. 1.6. In the case of fire, flood, windstorm, casualty...
5-16-1-1.7. Purdue University; Agricultural or Forestry Land; Declaration of Emergency; Quotes by Invitation - Sec. 1.7. On agricultural or forestry land owned or occupied...
5-16-1-1.8. Repealed - As added by Acts 1981, P.L.57, SEC.8. Repealed by P.L.24-1985,...
5-16-1-1.9. Educational Institutions; Building Construction or Repair Contracts - Sec. 1.9. (a) Notwithstanding this article, a state educational institution...
5-16-1-2. Bidders; Submission of Statement of Experience, Proposed Plan, Financial Status, and Trust Relationship; Forms - Sec. 2. (a) Each bidder shall be required to submit...
5-16-1-3. Filing of Plans and Specifications; Notice; Publication; Minimum Bid Invitations - Sec. 3. (a) Upon the filing of the plans, specifications,...
5-16-1-4. Repealed - [Pre-Local Government Recodification Citations: 19-8-3-1; 19-8-3-2.] As added by Acts...
5-16-1-5. Repealed - As added by P.L.26-1989, SEC.19; P.L.70-1989, SEC.2. Repealed by P.L.1-1990,...
5-16-1-6. Trench Safety Systems; Cost Recovery - Sec. 6. (a) This section applies to a public building...
5-16-1-7. Minority Business Enterprises; Award of Contracts - Sec. 7. A board, a commission, a trustee, an officer,...
5-16-1-8. Plumbing Installations; Proof of Licensure - Sec. 8. (a) A person who submits a bid or...
5-16-1-9. Application of Ic 5-22-16.5 to Award of Contracts Under Chapter - Sec. 9. (a) IC 5-22-16.5 (Disqualification of Contractors Dealing with...
Chapter 2. Public Works Bids to Be Submitted and Opened at Public Meeting
5-16-2-1. Time for Submitting Bid; Opening Bids - Sec. 1. All state officers, administrative boards or agencies acting...
5-16-2-1.4. Rejection of Bids or Quotes Submitted - Sec. 1.4. The political body or officer authorized to let...
5-16-2-1.5. Awarding Contract; Notice to Proceed; Time Limits and Failure to Meet; Elections of Successful Bidder - Sec. 1.5. (a) Within sixty (60) days from the date...
5-16-2-2. Void Contracts - Sec. 2. All contracts for public work by any of...
5-16-2-3. Supplemental Effect of Chapter - Sec. 3. This chapter shall be construed as supplemental to...
Chapter 3. Filing Blueprints and Specifications
5-16-3-1. Blueprints and Specifications; Filing - Sec. 1. (a) A public official, board, commission, or other...
5-16-3-2. Depository for Blueprints and Specifications; State Librarian - Sec. 2. The department of homeland security shall provide a...
5-16-3-3. Repealed - Formerly: Acts 1951, c.185, s.3. Repealed by Acts 1978, P.L.2,...
Chapter 4. Repealed - Repealed by Acts 1972, P.L.43, SEC.1.
Chapter 5. Withholding and Bond to Secure Payment of Subcontractors, Labor, and Materialmen
5-16-5-0.4. "Person" - Sec. 0.4. As used in this chapter, "person" includes a...
5-16-5-0.5. "Public Body" - Sec. 0.5. As used in this chapter, "public body" refers...
5-16-5-0.6. "Public Work" - Sec. 0.6. As used in this chapter, "public work" refers...
5-16-5-1. Withholding Final Payments; Filing Claims for Payment; Release of Surety - Sec. 1. (a) Except as otherwise provided in this chapter,...
5-16-5-2. Payment Bonds; Payment Provisions in Contracts; Statements of Amount Due; Suits on Bond; Application of Statute to Bonds and Claims on State Highway Projects; Waiver of Bond Requirements for Certain State Educational Institution Projects - Sec. 2. (a) A contract awarded for a public work...
5-16-5-3. Conflicting Laws - Sec. 3. This chapter shall not be construed as conflicting...
Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors
5-16-5.5-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The amendments made to section 2 of this...
5-16-5.5-1. Definitions - Sec. 1. As used in this chapter: "State agency" means...
5-16-5.5-2. Contracts Governed by This Chapter - Sec. 2. To the extent that this chapter is applicable,...
5-16-5.5-3. Retainage; Escrow Agreement - Sec. 3. Any state agency which enters into a contract...
5-16-5.5-3.1. Escrow Accounts; Establishment and Maintenance; Fee; Schedule - Sec. 3.1. The treasurer of state may charge a reasonable...
5-16-5.5-3.5. Retainage; Options to Determine Amount - Sec. 3.5. (a) To determine the amount of retainage to...
5-16-5.5-4. Performance Bond; Incremented Bonding; Release or Discharge of Surety; Waiver of Bond Requirements for Certain State Educational Institution Projects - Sec. 4. (a) This section does not apply to a...
5-16-5.5-5. Payment of Subcontractor; Certification of Receipt - Sec. 5. Within ten (10) days of the receipt of...
5-16-5.5-6. Payment of Contractor; Uncompleted Minor Items - Sec. 6. The contractor shall be paid in full including...
5-16-5.5-7. Suit Against Surety; Time Limitation - Sec. 7. All suits must be brought against a surety...
5-16-5.5-8. Conflicting Laws - Sec. 8. This chapter shall not be construed as conflicting...
Chapter 6. Discrimination by Contractors and Subcontractors Prohibited
5-16-6-1. Contract Provisions; Antidiscrimination Clauses - Sec. 1. Every contract for or on behalf of the...
Chapter 6.5. Minority Business Certification
5-16-6.5-1. "Disadvantaged Business Enterprise" Defined - Sec. 1. As used in this chapter, "disadvantaged business enterprise"...
5-16-6.5-2. "Public Agency" Defined - Sec. 2. As used in this chapter, "public agency" includes...
5-16-6.5-3. "Women-Owned Business Enterprise" Defined - Sec. 3. As used in this chapter, "women-owned business enterprise"...
5-16-6.5-4. False Representations by Contractor to Public Agency; Breach of Contract - Sec. 4. A contractor who, knowingly or intentionally, falsely represents...
5-16-6.5-5. Penalties for Breach of Contract - Sec. 5. (a) If a breach of contract occurs under...
5-16-6.5-6. Bidding Restrictions on Contractors Breaching Contracts - Sec. 6. If a contractor commits a breach of contract...
Chapter 7. Repealed - Repealed by P.L.252-2015, SEC.9.
Chapter 7.1. Effect of Repeal of Common Construction Wage Statute (Ic 5-16-7)
5-16-7.1-1. "Common Construction Wage Statute" - Sec. 1. As used in this chapter, "common construction wage...
5-16-7.1-2. Application and Enforcement of Common Construction Wage Statute After Its Repeal - Sec. 2. Notwithstanding the repeal of the common construction wage...
Chapter 7.2. Wage Scales for Public Works Projects
5-16-7.2-1. Application of Chapter - Sec. 1. (a) This chapter applies to a public works...
5-16-7.2-2. "Applicable Public Works Statute" - Sec. 2. As used in this chapter, "applicable public works...
5-16-7.2-3. "Public Agency" - Sec. 3. As used in this chapter, "public agency" has...
5-16-7.2-4. "Public Works Project" - Sec. 4. As used in this chapter, "public works project"...
5-16-7.2-5. Prohibition Against Public Agency Establishing, Mandating, or Requiring Wage Scale or Schedule for Public Works Project - Sec. 5. Unless federal or state law provides otherwise, a...
Chapter 8. Steel Procurement for Public Works
5-16-8-1. Definitions - Sec. 1. (a) The definitions in this section apply throughout...
5-16-8-2. Public Agency Contract Provisions; Rules for Determining Reasonable Pricing - Sec. 2. (a) Each public agency shall require that every...
5-16-8-3. Payment Contingent Upon Compliance; Recovery of Payments Made Upon Noncomplying Contracts - Sec. 3. A public agency may not authorize or make...
5-16-8-4. Nonapplicability to Steel Products in Insufficient Supply - Sec. 4. This chapter does not apply if the head...
5-16-8-5. Purpose and Construction of Chapter - Sec. 5. This chapter is designed to promote the general...
Chapter 9. Parking Facilities for Persons With Physical Disabilities
5-16-9-1. Definitions - Sec. 1. (a) The definitions in this section apply throughout...
5-16-9-1.5. Application of Chapter - Sec. 1.5. This chapter applies to a reserved accessible parking...
5-16-9-1.6. Compliance With Federal Provisions - Sec. 1.6. Notwithstanding any requirement of this chapter, a person...
5-16-9-2. Spaces Reserved in Parking Facilities; Requirements - Sec. 2. (a) Except as provided in subsection (d), each...
5-16-9-3. Street Parking Spaces Reserved Adjacent to Public Agency or Retail Shopping Mall Constructed With Local Income Revenue - Sec. 3. (a) If a public agency has no parking...
5-16-9-4. Specifications of Parking Spaces and Access Facilities - Sec. 4. (a) Except as provided in subsection (b), the...
5-16-9-5. Violations; Class C Infraction and Class C Misdemeanor - Sec. 5. (a) Any person who parks a motor vehicle...
5-16-9-7. Repealed - As added by P.L.37-1984, SEC.4. Amended by P.L.55-1985, SEC.3. Repealed...
5-16-9-8. Owners or Lessees of Motor Vehicles; Violations; Class C Infraction; Defenses - Sec. 8. (a) As used in this section, "owner" means...
5-16-9-9. Ordinances of Counties, Cities, or Towns - Sec. 9. (a) This chapter does not prohibit a county,...
5-16-9-10. Complaints; Summons; Forms - Sec. 10. (a) A person enforcing this chapter may issue...
5-16-9-11. Complaints; Summons; Volunteers - Sec. 11. (a) A law enforcement agency authorized to enforce:...
Chapter 10. Employment of Construction Managers in Public Construction Projects
5-16-10-1. Definitions - Sec. 1. As used in this chapter, the following terms...
5-16-10-2. Limitations on Employment of Construction Managers; Contracts With Construction Managers Prohibited - Sec. 2. (a) A unit of local government may not...
5-16-10-3. Performance of Services Constituting Practice of Architecture and Engineering - Sec. 3. The limitations expressed in section 2 of this...
Chapter 11. Disclosure of Economic Interests by Consultants in Public Projects
5-16-11-1. "Clerk" Defined - Sec. 1. As used in this chapter, "clerk" has the...
5-16-11-2. "Consultant" Defined - Sec. 2. (a) As used in this chapter, "consultant" means...
5-16-11-3. Repealed - As added by P.L.73-1989, SEC.1. Repealed by P.L.52-1991, SEC.9.
5-16-11-3.5. "Entity" Defined - Sec. 3.5. As used in this chapter, "entity" refers to...
5-16-11-4. "Fiscal Body" Defined - Sec. 4. As used in this chapter, "fiscal body" has...
5-16-11-5. "Political Subdivision" Defined - Sec. 5. As used in this chapter, "political subdivision" has...
5-16-11-5.5. Conflicts of Interest; Consultants - Sec. 5.5. (a) A consultant has a conflict of interest...
5-16-11-6. Conflict of Interest Disclosure; Filing - Sec. 6. (a) A consultant shall file a conflict of...
5-16-11-7. Recipient of Disclosure - Sec. 7. The consultant shall file the disclosure required by...
5-16-11-8. Disclosure Under Oath - Sec. 8. The consultant shall make the disclosure required by...
5-16-11-9. Repealed - As added by P.L.73-1989, SEC.1. Repealed by P.L.52-1991, SEC.9.
5-16-11-10. Repealed - As added by P.L.73-1989, SEC.1. Repealed by P.L.52-1991, SEC.9.
5-16-11-11. Offense - Sec. 11. A consultant who fails to file a disclosure...
5-16-11-12. Perjury - Sec. 12. A consultant who files a false disclosure under...
Chapter 11.1. Procurement of Services of Architects, Engineers, and Land Surveyors
5-16-11.1-1. "Firm" - Sec. 1. As used in this chapter, "firm" means an...
5-16-11.1-2. "Professional Services" - Sec. 2. As used in this chapter, "professional services" means...
5-16-11.1-3. "Public Agency" - Sec. 3. As used in this chapter, "public agency" includes...
5-16-11.1-4. Notice of Requirement of Professional Services - Sec. 4. (a) When professional services are required for a...
5-16-11.1-5. Basis for Contracts; Compensation - Sec. 5. A public agency may make all contracts for...
Chapter 12.2. Use of Energy Efficient Technology
5-16-12.2-1. "Contracting Agency" - Sec. 1. As used in this chapter, "contracting agency" refers...
5-16-12.2-2. "Energy Efficient Technology" - Sec. 2. As used in this chapter, "energy efficient technology"...
5-16-12.2-3. Contracting Agency to Consider Energy Efficient Technologies - Sec. 3. The contracting agency shall examine and consider energy...
5-16-12.2-4. Use of Energy Efficient Technologies - Sec. 4. To the extent technically and economically feasible, the...
5-16-12.2-5. Repealed - As added by P.L.159-2003, SEC.2. Repealed by P.L.233-2015, SEC.12.
Chapter 13. Requirements for Contractors on Public Works Projects
5-16-13-1. Application of Chapter; Construction With Other Statutes; Inconsistent Provisions Void - Sec. 1. (a) This chapter applies only to a public...
5-16-13-2. "Applicable Public Works Statute" - Sec. 2. (a) Except as provided in subsection (b), as...
5-16-13-3. "Contractor" - Sec. 3. As used in this chapter, "contractor" refers generally...
5-16-13-4. "Contractor Tier" - Sec. 4. As used in this chapter, "contractor tier" refers...
5-16-13-5. "Public Agency" - Sec. 5. As used in this chapter, "public agency" has...
5-16-13-6. "Public Works Project" - Sec. 6. As used in this chapter, "public works project"...
5-16-13-7. Provisions Stated or Incorporated Into Public Works Contracts - Sec. 7. The substance of the provisions of this chapter...
5-16-13-8. Contractor Tier Structure Required for Public Works Projects - Sec. 8. A public works project may not be structured...
5-16-13-9. Tier 1 Contractor Required Work, Materials, or Services Contribution to Public Works Contract - Sec. 9. Each tier 1 contractor must contribute in: (1)...
5-16-13-10. Contractor Required Liability Insurance and Qualification - Sec. 10. (a) This section applies to each contractor in...
5-16-13-11. Contractor Compliance With Certain Statutes; Additional Requirements for Contractors - Sec. 11. Except as provided in this section, the following...
5-16-13-12. Training Provided by Contractor; Journeyman Training; Requirement for Certain Contractors to Participate in an Apprenticeship or Training Program - Sec. 12. (a) This section applies after June 30, 2016,...
5-16-13-13. Records Retention and Confidentiality - Sec. 13. (a) This section applies to a public works...
5-16-13-14. Investigation of Suspected Worker Misclassification - Sec. 14. (a) This section applies to a public works...
5-16-13-15. Violations; Finding Contractor Not Responsible; Use of Finding by Another Public Agency - Sec. 15. (a) This section applies to a contractor in...
Chapter 14. Determination That a Contractor for a Public Works Project Is Not Responsible
5-16-14-1. Application of Chapter; Construction With Other Statutes; Inconsistent Provisions Void - Sec. 1. (a) This chapter applies only to a public...
5-16-14-2. Ic 5-16-13 Definitions Apply - Sec. 2. The definitions in IC 5-16-13 apply throughout this...
5-16-14-3. Review of Determination Contractor Not Responsible - Sec. 3. A determination that a contractor is not responsible...
Chapter 15. Application of Certain Statutes to Public Works Contracts
5-16-15-1. Application of Chapter - Sec. 1. This chapter does not apply to a project...
5-16-15-2. "Applicable Public Works Statute" - Sec. 2. As used in this chapter, "applicable public works...
5-16-15-3. "Contract" - Sec. 3. As used in this chapter, "contract" refers to...
5-16-15-4. "Public Agency" - Sec. 4. As used in this chapter, "public agency" has...
5-16-15-5. "Public Works Project" - Sec. 5. (a) As used in this chapter, "public works...
5-16-15-6. Ic 26-2-5-4 Applies to a Contract - Sec. 6. IC 26-2-5-4 applies to a contract. As added...