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 departmentshall:
(1) adopt rules under IC 4-22-2 necessary to carry out thisarticle;
(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 thestate or of a contractor under a contract in existence on the effectivedate of a rule.
(b) The commissioner may assign a public works project or adesignated part of a public works project normally under thejurisdiction of the division to another division of the department.However, the commissioner may make this assignment only if thecommissioner makes a written determination that:
(1) the estimated cost of the entire project is less than onehundred thousand dollars ($100,000);
(2) in the commissioner's judgment, it is in the interest ofefficiency and economy to make the assignment; and
(3) in the commissioner's judgment, the other division of thedepartment to which the assignment is made and the laws thatgovern that division make that division better suited toaccomplish the assignment.
When executing the project, the other division of the department towhich the project is assigned must follow all laws governing thatdivision in accomplishing the assignment.
(c) Notwithstanding subsection (b), the commissioner maygenerally assign public works projects, regardless of the cost, whenthe projects are for the routine operation, routine repair, or routinemaintenance of existing structures, buildings, or real property to anydivision of the department that the commissioner determines isappropriate 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 ofproject value
Sec. 2. (a) The public works division is established within thedepartment. Subject to this article, the division shall:
(1) prepare or supervise preparation of contract documents forpublic 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 workscontracts; (5) supervise and inspect all work relating to public worksprojects;
(6) recommend to the commissioner approval of any necessarylawful changes in contract documents relating to a public workscontract 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 toIC 4-13.6-2-6, whenever in this article a duty is specified or authorityis granted that relates to the estimated dollar value of a public worksproject, the director shall make the determination of the value of theproject. Such a determination of the director is final and conclusiveand is the amount against which the existence of the duty or theauthority shall be determined, even if it is later found that thedetermination of the director was erroneous.
(c) The division may delegate any of its authority to agovernmental 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. Thefollowing persons shall serve on the certification board:
(1) The director of engineering of the department of naturalresources.
(2) The director.
(3) The building law compliance officer of the department ofhomeland 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 earlyperformance of the contract will result in increased compensation ateither:
(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 completionof the contract after the termination date of the contract will result ina 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 thissection in a contract must be included in the solicitation.As added by P.L.5-1993, SEC.10.