CHAPTER 9. STATE HIGHWAY CONTRACTS; GENERAL POWERS
IC 8-23-9
Chapter 9. State Highway Contracts; General Powers
IC 8-23-9-1
Opening of sealed bids
Sec. 1. On the date and at the time and place named in the notice,the commissioner shall receive all sealed proposals submitted andshall publicly open the bids. The bids may be opened at any otherpublic place that the commissioner may designate on the day the bidsare to be opened.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-2
Rejection of proposals
Sec. 2. The commissioner may reject any and all proposals forcause.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-3
Lowest and best bidder; letting of contract; determination
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 bestbidder. The determination of the lowest and best bidder must includeany requirement imposed under section 13 of this chapter. Thelowest and best bid may not be for a greater sum than the estimatedcost of the project.
As added by P.L.18-1990, SEC.218. Amended by P.L.89-1991,SEC.1.
IC 8-23-9-4
Acceptance of proposals; criteria
Sec. 4. Notwithstanding any other statute or rule adopted by thedepartment, the department may accept a proposal and award acontract for the construction, improvement, or maintenance of a roadif:
(1) the lowest responsive and qualified bid is:
(A) less than one million dollars ($1,000,000);
(B) one (1) of four (4) or more bids received by thedepartment for the contract; or
(C) not more than fifteen percent (15%) above the estimatedcost of the project;
(2) the commissioner believes that awarding a contract underthis section is in the best interests of the state; and
(3) the award would comply with any requirement imposedunder section 13 of this chapter.
As added by P.L.18-1990, SEC.218. Amended by P.L.50-2008,SEC.2.
IC 8-23-9-4.5 Qualified work release programs; highway right-of-waymaintenance; exception to competitive bid requirements
Sec. 4.5. (a) As used in this section, "qualified work releaseprogram" refers to:
(1) a work release program that is established by the departmentof correction under IC 11-10-8 or IC 11-10-10; or
(2) a county work release program under IC 11-12-5.
(b) Notwithstanding IC 8-23-10, but subject to IC 8-23-24.5, thecommissioner may contract with a qualified work release programfor the maintenance of a highway right-of-way without takingcompetitive bids. As used in this subsection, "highway right-of-way"includes only the grass plats.
As added by P.L.89-1991, SEC.2. Amended by P.L.182-2009(ss),SEC.278.
IC 8-23-9-5
Construction and maintenance when no satisfactory proposalreceived
Sec. 5. If, in the opinion of the commissioner, no satisfactoryproposal 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 maintainingthe highway or highways.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-6
Spending limit when no satisfactory proposal received
Sec. 6. The commissioner may not expend more than eighty-fivepercent (85%) of the amount of the lowest and best proposalsubmitted for the kind of improvement proposed to be made whenacting under section 5 of this chapter.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-7
Adoption of rules governing purchases of material and equipment
Sec. 7. The department shall adopt rules governing the purchaseof material and equipment to the extent that complete competition isensured.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-8
Bid guarantee and performance bond requirements
Sec. 8. The department:
(1) shall require each bidder to submit a bid guarantee and aperformance bond payable to the state with the bidder'sproposal if the estimated cost of the project is more than twohundred thousand dollars ($200,000); and
(2) may require a bidder to submit a bid guarantee and aperformance bond payable to the state with the bidder's
proposal if the estimated cost of the project is not more thantwo hundred thousand dollars ($200,000).
Instead of the bond, the department may establish by rule therequirements that, in its discretion, are necessary to assure paymentof subcontractors, suppliers, and employees by the contractor.
As added by P.L.18-1990, SEC.218. Amended by P.L.133-2007,SEC.11.
IC 8-23-9-9
Bid guarantee and performance bond amounts
Sec. 9. The bid guarantee must be in the penal sum of an amountequal to five percent (5%) of the bid price. The performance bondmust be in a penal sum set by the commissioner, but may not be lessthan an amount equal to the bidder's proposal or the contract price,where the bidder's proposal is accepted, with good and sufficientsureties, to the approval of the commissioner, conditioned upon thefaithful performance of the work, in accordance with the profile,plans, and specifications set forth in the proposal, and conditionedalso upon the payment by the contractor and by all subcontractors forall labor performed or materials furnished or other services renderedin the construction of the highway.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-10
Performance bonds; deposit; reinsurance; statements of amountsdue
Sec. 10. The bond shall be deposited with and held by thecommissioner for the use of any party interested in the bond. Thecommissioner may require the reinsurance of any bond in theamount, upon the terms, and with the surety approved by thecommissioner. A person, firm, limited liability company, orcorporation to whom any money is due for having performed laboror furnished material or any other services rendered in theconstruction, improvement, or maintenance of the highways shall,within one (1) year after the acceptance of the labor, material, orservices by the commissioner, furnish the sureties on the bond astatement of the amount due to any person, firm, limited liabilitycompany, or corporation.
As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993,SEC.154.
IC 8-23-9-11
Actions on performance bonds
Sec. 11. Suit may not be brought against the sureties on a bonduntil the expiration of sixty (60) days after the furnishing of astatement under section 10 of this chapter. If the indebtedness is notpaid in full at the expiration of a period of sixty (60) days, theperson, firm, limited liability company, or corporation may bring anaction in the person's, firm's, limited liability company's, orcorporation's own name upon the bond. The action must be
commenced within eighteen (18) months from the date of the finalacceptance of the highway or improvement.
As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993,SEC.155.
IC 8-23-9-12
Performance bond form
Sec. 12. The bond provided in this section must be in substantiallythe following form:
"KNOW ALL PERSONS BY THESE PRESENTS, THAT___________________ as principal and ___________________ assurety, are firmly bound unto the state of Indiana in the penal sum ofan amount equal to ____ percent of the principal's bid or the contractprice, if the proposal is accepted for the payment of which, well andtruly to be made, we bind ourselves, jointly and severally, and ourjoint and several heirs, executors, administrators, and assigns, firmlyby these presents, this ____ day of _________, ____.
"THE CONDITIONS OF THE ABOVE OBLIGATIONS ARESUCH That, Whereas, the principal is herewith submitting a bid andproposal for the erection, construction, and completion of____________________ in accordance with the plans andspecifications approved and adopted by the department, which aremade a part of this bond:
"NOW, THEREFORE, if the department shall award the principalthe contract for work and the principal shall promptly enter into acontract with the department in the name of the state of Indiana forthe work and shall well and faithfully do and perform the same in allrespects according to the plans and specifications adopted by thedepartment, and according to the time, terms, and conditionsspecified in the contract to be entered into, and in accordance withall requirements of law, and shall promptly pay all debts incurred bythe principal or any subcontractor in the construction of the work,including labor, service, and materials furnished, then this obligationshall be void; otherwise to remain in full force, virtue, and effect.
"IT IS AGREED that no modifications, omissions, or additions inor to the terms of such contract or in or to the plans or specificationstherefor shall in any wise affect the obligation of such sureties on itsbond.
"IN WITNESS WHEREOF, we hereunto set our hands and sealsthis ___ day of _________, 20__.".
As added by P.L.18-1990, SEC.218. Amended by P.L.2-2005,SEC.29.
IC 8-23-9-13
Trust bids
Sec. 13. (a) This section applies whenever a contract is awardedunder this chapter by acceptance of bids, proposals, or quotations.
(b) A bid, proposal, or quotation submitted by a trust (as definedin IC 30-4-1-1(a)) must identify each:
(1) beneficiary of the trust; and (2) settlor empowered to revoke or modify the trust.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-14
Partial payments; authorization
Sec. 14. The department may authorize partial payments to anycontractor performing any work under this chapter as the workprogresses under the general rules of the department.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-15
Repealed
(Repealed by P.L.267-2001, SEC.2.)
IC 8-23-9-16
Acceptance of completed work; relief of contractor's liability
Sec. 16. (a) After complete inspection has been made and it isdetermined that the work has been done according to plans andspecifications, the commissioner of the department may approve andaccept completed work in sections of not less than one (1) mileunless otherwise permitted by the contract documents.
(b) When a section of the work has been completed and accepted,the contractor is as fully relieved of all liability for the maintenance,reconstruction, or restoration of the section of the work completedand accepted, or a part of the work, as the contractor would be if theentire contract were finally completed and accepted.
(c) If the contract consists of two (2) or more projects as definedby the department, the commissioner may approve and accept thework of a completed project, and the contractor is relieved of allliability for maintenance, reconstruction, or restoration of the project,or a part of the project, as the contractor would be if the entirecontract were finally completed and accepted.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-17
Withdrawal and payment of retained percentages
Sec. 17. At any time after the contract has been substantiallycompleted, the contractor may be permitted to draw any part of theretained percentage withheld by the department in an amountdetermined by the department to be in the best interest of the state,provided the contractor files a written request on forms provided bythe department for requests. The department may pay to thecontractor any part of the retained percentage the departmentdetermines is in the best interest of the state even though thecontractor does not request payment, provided that the departmentnotifies the contractor of the department's intent to do so at leastthirty (30) days in advance of the payment. The fact that thecontractor is permitted to withdraw a part of the retained percentage,or that the department pays a part of the retained percentage, shall inno way release or relieve the contractor on the contract.As added by P.L.18-1990, SEC.218. Amended by P.L.117-1995,SEC.3; P.L.267-2001, SEC.1.
IC 8-23-9-18
Final payments; disputes
Sec. 18. (a) Each contract entered into under this chapter mustprovide for final payment within one hundred eighty (180) days afterfinal acceptance of the contract. However, final payment may not bemade on any amount that is in dispute or the subject of a pendingclaim, but final payment may be made on that part of a contract orthose amounts that are not in dispute or the subject of a pendingclaim. Partial payment does not constitute a bar, an admission, orestoppel or have any other effect as to those payments in dispute orthe subject of a pending claim.
(b) For the purpose of this section, a dispute exists when thecontractor makes any claim for increase or decrease to any part of thecontract or seeks additional compensation for any reason.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-19
Repealed
(Repealed by P.L.267-2001, SEC.2.)
IC 8-23-9-20
Repealed
(Repealed by P.L.267-2001, SEC.2.)
IC 8-23-9-21
Contract form; approval
Sec. 21. Every contract for highway work authorized to be madeunder this chapter shall be made in the name of the state, signed bythe commissioner and the contracting parties, and acknowledgedbefore an officer authorized by law to administer oaths. The contractshall be submitted to and approved by the attorney general withregard to legality and form.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-22
Hourly wage rates
Sec. 22. A bid submitted for the construction or betterment of astate highway must contain a statement stipulating the hourly rate forlaborers. The hourly rate may not be lower than the hourly rate paidfor common labor by the department. The hourly rate in the bidbecomes a part of the contract.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-23
Residency requirement for unskilled laborers
Sec. 23. It must be a condition of every contract let by thedepartment for the construction of a state highway or bridge that all
unskilled laborers employed on the work be residents of the countyor counties in which the highway or bridge is being constructed if thelabor is available. The department may designate the class of laborthat is unskilled. However, if this subsection is in violation of aregulation of a federal authority, the provision may be eliminatedfrom a contract that is payable in whole or in part with federal funds.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-24
Survey monuments; procedure upon removal or burial
Sec. 24. If in the construction or maintenance of a state highwayit is necessary to remove or bury a monument marking or evidencingan established corner, the department shall cause to be set in thepavement or right-of-way at the place where the monument waslocated a monument capable of activating a metal detection device.The top of the monument must be level with the pavement or thegrade of the right-of-way. The department shall cause amemorandum of the monument to be filed in the county surveyor'soffice of the county.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-25
Nonperformance or abandonment of contracts; completion ofwork; 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 reletthe work or may complete the work. The commissioner shall deductthe cost and expense from any money that may be due the contractor,and if there is not sufficient money due the contractor to pay for thework, the commissioner shall require the bondsmen to pay for it. Theattorney general shall prosecute suit in the name of the state for thecollection of the payment under this section.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-26
Claims against contractors; filing with department
Sec. 26. A person, firm, limited liability company, or corporationto whom any money is owed for having performed labor or furnishedmaterial or other service in the construction of a highway or bridgein the state highway system or in the construction or repair of abuilding or other structure for the department, whether the work wasperformed for a contractor or subcontractor, may at any time withinsixty (60) days of the performance of the last of the labor or thefurnishing of the last of the material or other service and within thirty(30) days after the final acceptance of the improvement, file with thedepartment a duly verified itemized statement of the amount due the
person, firm, limited liability company, or corporation, statingwhether the labor or material was performed for or furnished to acontractor or subcontractor, giving the name of the contractor orsubcontractor and the dates the labor or material was performed orfurnished, the rate or cost, the character of the labor, material, orservice, and the post office address of the claimant.
As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993,SEC.156.
IC 8-23-9-27
Claims against contractors; mailing of copies
Sec. 27. A claim under section 26 of this chapter must be filed intriplicate, and the department shall send a copy by certified mail tothe contractor and to the surety on the bond of the contractor. Thefailure to mail copies to the contractor and surety does not affect thevalidity of a claim.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-28
Claims against contractors; retaining amount of claim
Sec. 28. Upon the receipt of a claim under section 26 of thischapter, the department shall retain out of the amount due thecontractor the amount of the claim.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-29
Claims against contractors; allowance or rejection
Sec. 29. Within twenty (20) days of the receipt of a copy undersection 27 of this chapter, the contractor shall either allow or rejectthe claim. The contractor shall notify the department in writing of theallowance or rejection.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-30
Claims against contractors; notice of rejection; commencement ofactions
Sec. 30. If a claim is rejected in whole or in part, the departmentshall immediately notify the claimant of the action by certified mail.Within ninety (90) days after receiving notice of a rejection theclaimant must commence an action against the contractor or thesurety on the bond in a court of competent jurisdiction to recover theamount of the claim. Upon the filing of an action, the claimant shallprocure a certificate from the clerk of the court under the seal ofoffice that the action has been filed and listing the date of filing andthe parties. The claimant shall promptly forward the certificate to thedepartment.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-31
Claims against contractors; payment of amount adjudged due Sec. 31. If an action is filed and the department notified undersection 30 of this chapter, the department shall continue to hold theamount until the final determination of the action. If it is adjudgedthat the amount or a part is due to the claimant, the department shallpay the amount adjudged due to the claimant to the clerk of the courtrendering the judgment.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-32
Claims against contractors; failure to file certificate
Sec. 32. If within ninety (90) days after the date of notice ofrejection under section 29 of this chapter a claimant fails to file withthe department a certificate of a clerk, the department shall pay theamount held on the claim to the contractor if otherwise entitled toreceive the amount.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-33
Claims against contractors; additional remedy
Sec. 33. In addition to the remedy given in sections 26 through 31of this chapter, a person, firm, limited liability company, orcorporation may proceed against a contractor and surety as providedby section 10 of this chapter.
As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993,SEC.157.
IC 8-23-9-34
Claims against contractors; filing of actions
Sec. 34. Whenever a claim has been filed under this chapter withthe department by a person, firm, limited liability company, orcorporation who has performed labor or furnished material or otherservice in the construction, repair, or maintenance of a highway orbridge in the state highway system, or in the construction, repair, orrenovation of a building or structure used by the department, andagainst a contractor with the department, the department shall notifythe person, firm, limited liability company, or corporation filing theclaim that within ninety (90) days after the date of the notice theperson, firm, limited liability company, or corporation must proceedby an action at law in a court of competent jurisdiction against thecontractor or the surety on the contract bond of the contractor for thecollection of the amount of the claim.
As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993,SEC.158.
IC 8-23-9-35
Claims against contractors; mailing or publication of notice
Sec. 35. Notice under section 34 of this chapter shall be mailed tothe person, firm, limited liability company, or corporation bycertified mail to the last known address. If the address of the person,firm, limited liability company, or corporation is unknown, the notice
shall be given by publication once each week for two (2) successiveweeks in two (2) newspapers of general circulation published in thecounty or counties where the contract with the department wasperformed. In a notice given by publication, the names of all persons,firms, limited liability companies, or corporations who have filedclaims against the contractor and who have not been notified by mailmay be included. Notice under this section must state that actionmust be filed on the claim within ninety (90) days of the date of thenotice.
As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993,SEC.159.
IC 8-23-9-36
Claims against contractors; certificates of filing of actions
Sec. 36. Upon the filing of an action under section 34 of thischapter, the person, firm, limited liability company, or corporationfiling the action shall procure from the clerk of the court where fileda certificate under the seal of the court that an action has been filedwith the date of filing and the names of the parties. The certificateshall be within five (5) days after the date of filing the actionforwarded by the person, firm, limited liability company, orcorporation to the department.
As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993,SEC.160.
IC 8-23-9-37
Claims against contractors; retention of security for protection ofclaimant
Sec. 37. Upon the filing of an action and the receipt of acertificate under section 36 of this chapter, the department shall holdthe money, security, or other thing held by the department for theprotection of the claim, until the final determination of the action. Ifit is adjudged that a part of the claim is due to the person, firm,limited liability company, or corporation, the department shall payto the clerk of the court rendering judgment out of the cash retainedfor the claimant the amount retained by the department for thepurpose. If the department retained for the protection of the claimanta check, bond, or security other than cash, the department shall notifythe claimant of the fact. The claimant shall be subrogated to therights of the department in the check, bond, or security other thancash, to the amount of the judgment, which rights the claimant mayenforce in an appropriate action.
As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993,SEC.161.
IC 8-23-9-38
Claims against contractors; failure to file action and certificate
Sec. 38. If a claimant does not file an action under section 36 ofthis chapter within the time specified in the notice or fails to file withthe department the certificate of the clerk, the department shall pay
the amount held by the department on the claim to the contractor. Ifthe claim has been protected by check, bond, or security, the check,bond, or security shall be delivered to the contractor. If the check,bond, or security has been deposited for the protection of two (2) ormore claimants, the check, bond, or other security shall be held bythe department for the protection of all claimants until all are eitherreleased, waived, or satisfied.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-39
Claims against contractors; additional proceedings
Sec. 39. Sections 34 through 38 of this chapter do not limit orabridge the right of a person, firm, limited liability company, orcorporation to proceed against a contractor and surety as provided bysection 10 of this chapter.
As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993,SEC.162.
IC 8-23-9-40
Railroad crossings; separation of grades
Sec. 40. Whenever a state highway is being constructed orreconstructed and the highway crosses or intersects a railroad, thedepartment may, if in its opinion it is practicable, separate grades atthe crossings. If the department is unable to agree with the railroadas to the separation and the method of accomplishing the separation,the department shall apply to the utility regulatory commission byverified petition asking that the grades be separated at the crossing.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-41
Railroad crossings; separation of grades; rights, powers, and dutiesof parties involved
Sec. 41. Upon the filing of a petition under section 40 of thischapter, the utility regulatory commission has and shall exercise allof the powers and authority conferred upon it by IC 8-6-1. A railroad,interurban street railroad, or suburban street railroad whose tracksare involved in a crossing has all the rights conferred by and issubject to all the duties imposed by IC 8-6-1.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-42
Railroad crossings; separation of grades; payment of costs
Sec. 42. When any separation of grades is made by agreement orby order, the department shall pay one-half (1/2) of the total expenseof a separation as a part of the cost of the highway, and the railroadwhose tracks are involved in the separation shall pay the otherone-half (1/2) of the total expense.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-43 Railroad crossings; separation of grades; multiple railroads;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 asto be involved in a single separation of grades, the utility regulatorycommission shall pay the half of the cost not paid by the department,apportioned between the railroads, interurban street railroads, orsuburban street railroads in proportion as the cost of the separationhas been enhanced by the presence of the respective railroads,interurban street railroads, or suburban street railroads.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-44
Railroad crossings; separation of grades; maintenance
Sec. 44. After the construction of a separation, the departmentshall maintain the highway and the structures supporting it and therailroad shall maintain its roadway and track and the structuressupporting the same.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-45
Railroad crossings; improvement and maintenance
Sec. 45. Where the track or tracks of any steam, electric,interurban, or street railroad company occupies any part of a highwaythat is ordered improved and maintained by the department under thischapter, the railroad company shall improve and maintain, or pay forthe cost of improving that part of the highway occupied by its tracks,including the space between the rails, the space between the tracks,if there is more than one (1) track, and the space eighteen (18) inchesin width on the outside of the rails. In all cases where practicable,improvement to the full width shall be constructed outside the areaoccupied by the tracks, and, where not practicable to do so, thedepartment may require the tracks to be removed to that part of thehighway outside the area to be so improved.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-46
Railroad crossings; width of improvements
Sec. 46. Whenever a highway improvement under section 45 ofthis chapter is made so as to embrace within its limits the tracks ofa railroad, interurban, suburban, or street railroad, the improvementshall be made of sufficient width to give as much room for generaltravel on the side or sides and outside of the tracks as is given inplaces where there are no tracks within the improvement.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-47
Railroad crossings; election by railroad companies to make or payfor improvements
Sec. 47. A railroad company may elect, by written notice filed
with the department, not less than twenty (20) days before the dateon which the contract for the improvement of a highway is to be let,to improve the part of the highway occupied by its tracks or to payfor the improvement done by the department. If the railroad companyelects to improve the part of the highway occupied by its tracks, thecompany shall perform the work of improving the part of thehighway with material and in a manner and according to plans andspecifications that the department prescribes and shall commence,proceed with, and complete the work within a time to be fixed by thedepartment. If the railroad company fails to do so, the company issubject to a fine of not to exceed fifty dollars ($50) per day for eachand every day that the improvement is not commenced or completedafter the date named by the department. If the railroad companyelects to pay for the improvement as done by the department, anysums assessed to cover the cost of the improvement, together with allthe cost in collecting the costs, including attorney's fees, to be fixedby the court and taxed as costs in the action brought to enforcepayment, shall, from the date of filing a statement of the assessment,attested by the department, in the office of the county recorder of thecounty in which the improvement was made, constitute a lien, towhich only the lien of the state for state, county, township, andschool taxes is paramount.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-48
Tearing up and disturbing highways; permit; unauthorized signsand markers; violations
Sec. 48. (a) A state highway may not be torn up or otherwisedisturbed for any purpose without the written permit of thecommissioner and then only in accordance with the regulationsprescribed by the commissioner. All work shall be done under thedepartment's supervision, and all the cost of replacing the highwayin as good condition as before the highway was disturbed, shall bepaid by the person to whom or in whose behalf the permit was given.The department shall mark with proper markers, showing the numberof the highway, all state highways, including the routes of thehighways through cities and towns, together with the caution anddirection signs that the department considers advisable.
(b) It is a Class C infraction for a person to put, place, or maintainwithin twenty (20) feet of the right-of-way limits of a state highway,outside the limits of a city or town a sign or other device containingthe words "stop", "caution", "slow", or any other word or device thatalso might be construed as a warning to persons using the highway.
(c) It is a Class C infraction for a person to construct or maintaina sign or advertising device within one hundred (100) feet of theright-of-way of such a highway that obstructs the view of thehighway of a person traveling the highway for a distance of fivehundred (500) feet or less from the sign or device as the personapproaches the sign or device. The department may remove unlawfulsigns, markers, and devices.As added by P.L.18-1990, SEC.218.
IC 8-23-9-49
Approaches and drainage structures; construction; privatefacilities
Sec. 49. The construction of public road approaches, drainagestructures for the reconstruction of definitely existing privateentrances, and the drainage necessary for the protection of a statehighway shall be included as a part of the improvement of thehighway. Upon the completion of the highway, the owners oroccupants of adjoining lands shall construct and keep in repair allprivate approaches or driveways from the highways, but noapproaches or driveways shall be constructed in a manner as toobstruct or interfere with the highways or with a drain or ditch thathas been constructed as a part of the highway.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-50
Use of prison labor in preparation and manufacturing of roadmaterials
Sec. 50. The department, with the approval of the governor, mayenter into an agreement with the authorities of any of the penalinstitutions of the state, county, or city for the use of prison labor inthe preparation and manufacturing of road materials.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-51
Drains, culverts, and bridges; bridge construction contracts
Sec. 51. All drains, culverts, and bridges on any state highwaysshall be considered as part of the state highway. All bridges havinga span over twenty (20) feet in length may be let as a separatecontract, the procedure to be the same as in the letting of contractsfor state highways.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-52
Contracts specifying borrow or clearing and grubbing; standards
Sec. 52. (a) A department contract that specifies borrow orclearing and grubbing must require the contractor to conform to thedepartment's manual of standard specifications and must includestandards for the following:
(1) Borrow pit back-slopes.
(2) Control of drainage water.
(3) Degree of restoration.
(b) Restoration of borrow areas and disposal areas must meet orexceed the standards for seeding and sodding of roadside areas.
(c) Final cleanup provisions of the contract apply to the removaland disposal of perishable materials and debris from the highwayright-of-way to an off-road site.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-53
Trench safety systems; costs
Sec. 53. (a) This section applies to a construction, animprovement, or a maintenance project that requires creation of atrench of at least five (5) feet in depth.
(b) OSHA regulations, 29 C.F.R. 1926, Subpart P, for trenchsafety systems shall be incorporated into the contract documents fora public works project.
(c) The contract documents for a public works project mustprovide that the cost for trench safety systems shall be paid for:
(1) as a separate pay item; or
(2) in the pay item of the principal work with which the safetysystems are associated.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-54
State highway fund; creation and management
Sec. 54. (a) To provide funds for carrying out the provisions ofthis chapter, there is created a state highway fund from the followingsources:
(1) All money in the general fund to the credit of the statehighway account.
(2) All money that is received from the Department ofTransportation or other federal agency and known as federalaid.
(3) All money paid into the state treasury to reimburse the statefor money paid out of the state highway fund.
(4) All money provided by Indiana law for the construction,maintenance, reconstruction, repair, and control of publichighways, as provided under this chapter.
(5) All money that on May 22, 1933, was to be paid into thestate highway fund under contemplation of any statute in forceas of May 22, 1933.
(6) All money that may at any time be appropriated from thestate treasury.
(7) Any part of the state highway fund unexpended at theexpiration of any fiscal year, which shall remain in the fund andbe available for the succeeding years.
(8) Any money credited to the state highway fund from themotor vehicle highway account under IC 8-14-1-3(4).
(9) Any money credited to the state highway fund from thehighway road and street fund under IC 8-14-2-3.
(10) Any money credited to the state highway fund underIC 6-6-1.1-801.5, IC 6-6-4.1-5, or IC 8-16-1-17.1.
(11) Any money distributed to the state highway fund underIC 8-14-14, IC 8-15.5, or IC 8-15.7.
(b) All expenses incurred in carrying out this chapter shall be paidout of the state highway fund.
As added by P.L.18-1990, SEC.218. Amended by P.L.192-2002(ss),SEC.150; P.L.47-2006, SEC.43.
IC 8-23-9-55
Use of state highway fund
Sec. 55. Money in the state highway fund shall be used for thefollowing:
(1) Operation of the department.
(2) Construction, reconstruction, operation, maintenance, andcontrol of the state highways that are the responsibility of thedepartment and of tollways that are the responsibility of thedepartment under IC 8-15-3.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-56
Research assistance to Purdue University
Sec. 56. (a) The department may cooperate with and assist PurdueUniversity in developing the best methods of improving andmaintaining the highways of the state and the respective counties. Inso cooperating with Purdue University and for the purpose ofdeveloping and disseminating helpful information concerning roadconstruction and improvement and the operation of the highways ofthe state and the counties, the department may expend moneyannually from the funds appropriated to the department's use for theuse and benefit of Purdue University in carrying on programs ofhighway research and highway extension at or in connection withPurdue University and for the annual road school held at PurdueUniversity. In addition, the money may be increased by federalfunds, which may be made available to the department for theengineering and economic investigation of projects for futureconstruction and for highway research necessary in connectiontherewith.
(b) For the purpose of disseminating knowledge of the highwaymaintenance methods that are best suited to the various sections ofIndiana, the county and state highway officials, in cooperation withPurdue University, may hold joint road meetings in the varioussections of Indiana.
(c) The aid authorized by this section shall be paid quarterly bythe department to Purdue University upon proper voucher.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-57
Cooperation with federal and other states' officials
Sec. 57. The department may cooperate with the governingofficials of state highway agencies and systems in one (1) or moreother states or the Federal Highway Administration in research inconducting tests and experiments designed to develop the bestmethods of constructing, improving, and maintaining the highwaysin Indiana. In so cooperating with the governing officials of statehighway agencies and systems in one (1) or more other states or theFederal Highway Administration and for the purpose of paying theproportionate share of this state of the cost of the tests andexperiments, the department may expend the funds appropriated to
its use.
As added by P.L.18-1990, SEC.218.
IC 8-23-9-58
Utility facilities; costs and delays due to facility relocations;contractor's right to compensation or expenses
Sec. 58. (a) This section applies to a construction contract enteredinto by the department and a contractor after June 30, 2005.
(b) The department may not include in a contract, or in anyspecifications or other documents that are a part of or incorporatedin a contract, a provision that prohibits a contractor from receiving,or restricts the contractor in receiving, reasonable compensation orreasonable expenses directly related to unforeseen conditionsencountered during the construction project as a result of:
(1) a conflict with the facilities of a utility (as defined inIC 8-1-9-2(a)); or
(2) delays due to the relocation of utility facilities;
that differ materially from the affected utilities or utility relocationsspecified in the contract documents.
As added by P.L.35-2005, SEC.3.