CHAPTER 3. PUBLIC WORKS DIVISION
IC 4-13.6-3
Chapter 3. Public Works Division
IC 4-13.6-3-1
Duties of department; assignment of public works project
Sec. 1. (a) Except as provided in IC 4-13.6-4, the department
shall:
(1) adopt rules under IC 4-22-2 necessary to carry out this
article;
(2) consider and decide matters of policy under this article; and
(3) enforce this article and the rules adopted under it.
However, the department may not impair rights or obligations of the
state or of a contractor under a contract in existence on the effective
date of a rule.
(b) The commissioner may assign a public works project or a
designated part of a public works project normally under the
jurisdiction of the division to another division of the department.
However, the commissioner may make this assignment only if the
commissioner makes a written determination that:
(1) the estimated cost of the entire project is less than one
hundred thousand dollars ($100,000);
(2) in the commissioner's judgment, it is in the interest of
efficiency and economy to make the assignment; and
(3) in the commissioner's judgment, the other division of the
department to which the assignment is made and the laws that
govern that division make that division better suited to
accomplish the assignment.
When executing the project, the other division of the department to
which the project is assigned must follow all laws governing that
division in accomplishing the assignment.
(c) Notwithstanding subsection (b), the commissioner may
generally assign public works projects, regardless of the cost, when
the projects are for the routine operation, routine repair, or routine
maintenance of existing structures, buildings, or real property to any
division of the department that the commissioner determines is
appropriate without making a written determination under subsection
(b).
As added by P.L.24-1985, SEC.7. Amended by P.L.5-1993, SEC.9.
IC 4-13.6-3-2
Establishment of division; powers and duties; determination of
project value
Sec. 2. (a) The public works division is established within the
department. Subject to this article, the division shall:
(1) prepare or supervise preparation of contract documents for
public works projects;
(2) approve contract documents for public works projects;
(3) advertise for bids for public works contracts;
(4) recommend to the commissioner award of public works
contracts;
(5) supervise and inspect all work relating to public works
projects;
(6) recommend to the commissioner approval of any necessary
lawful changes in contract documents relating to a public works
contract that has been awarded;
(7) approve or reject estimates for payment;
(8) accept or reject a public works project; and
(9) administer this article.
(b) Except as provided in IC 4-13.6-5-4(b) and subject to
IC 4-13.6-2-6, whenever in this article a duty is specified or authority
is granted that relates to the estimated dollar value of a public works
project, the director shall make the determination of the value of the
project. Such a determination of the director is final and conclusive
and is the amount against which the existence of the duty or the
authority shall be determined, even if it is later found that the
determination of the director was erroneous.
(c) The division may delegate any of its authority to a
governmental body.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-3-3
Certification board
Sec. 3. (a) There is established a certification board. The
following persons shall serve on the certification board:
(1) The director of engineering of the department of natural
resources.
(2) The director.
(3) The building law compliance officer of the department of
homeland security.
(b) The board shall administer IC 4-13.6-4.
As added by P.L.24-1985, SEC.7. Amended by P.L.1-2006, SEC.65;
P.L.101-2006, SEC.1; P.L.160-2006, SEC.3.
IC 4-13.6-3-4
Increased compensation for early performance of contracts;
deductions for late completion of contracts; notice
Sec. 4. (a) The commissioner may specify in a contract that early
performance of the contract will result in increased compensation at
either:
(1) a percentage of the contract amount; or
(2) a specific dollar amount;
determined by the commissioner.
(b) The commissioner may specify in a contract that completion
of the contract after the termination date of the contract will result in
a deduction from the compensation in the contract at either:
(1) a percentage of the contract amount; or
(2) a specific dollar amount;
determined by the commissioner.
(c) Notice of inclusion of contract provisions permitted under this
section in a contract must be included in the solicitation.
As added by P.L.5-1993, SEC.10.