CHAPTER 8. MISCELLANEOUS PROVISIONS

IC 5-30-8
    Chapter 8. Miscellaneous Provisions

IC 5-30-8-1
Changes in public project; validity of design-build contract
    Sec. 1. A design-build contract may be conditional uponsubsequent refinements in scope and price and may permit the publicagency to make changes in the scope of the project withoutinvalidating the design-build contract.
As added by P.L.74-2005, SEC.1.

IC 5-30-8-2
Replacement of subcontractor for primary design services andconstruction services
    Sec. 2. (a) A person identified under IC 5-30-7-1(2) as a personwith whom the design-builder proposes to enter into subcontracts forprimary design services and primary construction services under thedesign-build contract may not be replaced without the approval of thepublic agency and a written determination by the public agency thata legitimate reason exists for the replacement.
    (b) If a design-builder violates subsection (a), the public agencymay cancel the award of or may terminate a design-build contract.
As added by P.L.74-2005, SEC.1.

IC 5-30-8-3
Adjustment of maximum cost by agreement
    Sec. 3. After award under this article, the maximum costestablished in the successful proposal may be adjusted by negotiatedagreement between the public agency and the design-builder toreflect modifications in the proposed design-build project.
As added by P.L.74-2005, SEC.1.

IC 5-30-8-4
Performance and payment bonds required
    Sec. 4. (a) The public agency:
        (1) shall require the design-builder to furnish performance andpayment bonds for the project if the estimated cost of theproject is more than two hundred thousand dollars ($200,000);and
        (2) may require the design-builder to furnish performance andpayment bonds for the project if the estimated cost of theproject is not more than two hundred thousand dollars($200,000).
    (b) A performance or payment bond is not required for, and doesnot provide coverage for, the part of a design-build contract thatincludes design services only.
    (c) Subsection (b) does not impair the ability of the public agencyto seek recovery under the contract from the design-builder forerrors, omissions, or defects in the design services.
As added by P.L.74-2005, SEC.1. Amended by P.L.133-2007, SEC.8.
IC 5-30-8-5
Certain acts by public agency prohibited
    Sec. 5. A public agency may not, with respect to a public projectcovered by this article, require an offeror to:
        (1) make application to;
        (2) furnish financial data to; or
        (3) obtain any of the surety bonds, or surety bond componentsof wrap-up insurance, that are specified in connection with adesign-build contract or specified by any law from;
any particular insurance or surety company, agent, or broker.
As added by P.L.74-2005, SEC.1.

IC 5-30-8-6
Determination of common construction wage
    Sec. 6. (a) A determination under IC 5-16-7-1(c) for a publicproject to be constructed under a design-build contract shall be madeand filed with the public agency at least two (2) weeks before thedate fixed for submission of the qualitative proposal and the priceproposal under IC 5-30-6-5.
    (b) If the committee appointed under IC 5-16-7-1(b) fails to actand to file a determination under IC 5-16-7-1(c) within the timerequired by this section, the public agency shall make thedetermination, and its finding shall be final.
    (c) The time periods set forth in this section apply to anyconstruction services provided for a public project to be constructedunder a design-build contract, instead of the time periods set forth inIC 5-16-7-1(f) and IC 5-16-7-1(g).
As added by P.L.74-2005, SEC.1.