IC 5-30-8-1 Changes in public project; validity of design-build contract
Sec. 1. A design-build contract may be conditional upon
subsequent refinements in scope and price and may permit the public
agency to make changes in the scope of the project without
invalidating 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 and
construction services
Sec. 2. (a) A person identified under IC 5-30-7-1(2) as a person
with whom the design-builder proposes to enter into subcontracts for
primary design services and primary construction services under the
design-build contract may not be replaced without the approval of the
public agency and a written determination by the public agency that
a legitimate reason exists for the replacement.
(b) If a design-builder violates subsection (a), the public agency
may 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 cost
established in the successful proposal may be adjusted by negotiated
agreement between the public agency and the design-builder to
reflect 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 and
payment bonds for the project if the estimated cost of the
project is more than two hundred thousand dollars ($200,000);
and
(2) may require the design-builder to furnish performance and
payment bonds for the project if the estimated cost of the
project is not more than two hundred thousand dollars
($200,000).
(b) A performance or payment bond is not required for, and does
not provide coverage for, the part of a design-build contract that
includes design services only.
(c) Subsection (b) does not impair the ability of the public agency
to seek recovery under the contract from the design-builder for
errors, 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 project
covered 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 components
of wrap-up insurance, that are specified in connection with a
design-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 public
project to be constructed under a design-build contract shall be made
and filed with the public agency at least two (2) weeks before the
date fixed for submission of the qualitative proposal and the price
proposal under IC 5-30-6-5.
(b) If the committee appointed under IC 5-16-7-1(b) fails to act
and to file a determination under IC 5-16-7-1(c) within the time
required by this section, the public agency shall make the
determination, and its finding shall be final.
(c) The time periods set forth in this section apply to any
construction services provided for a public project to be constructed
under a design-build contract, instead of the time periods set forth in
IC 5-16-7-1(f) and IC 5-16-7-1(g). As added by P.L.74-2005, SEC.1.
IC 5-30-8-1 Changes in public project; validity of design-build contract
Sec. 1. A design-build contract may be conditional upon
subsequent refinements in scope and price and may permit the public
agency to make changes in the scope of the project without
invalidating 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 and
construction services
Sec. 2. (a) A person identified under IC 5-30-7-1(2) as a person
with whom the design-builder proposes to enter into subcontracts for
primary design services and primary construction services under the
design-build contract may not be replaced without the approval of the
public agency and a written determination by the public agency that
a legitimate reason exists for the replacement.
(b) If a design-builder violates subsection (a), the public agency
may 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 cost
established in the successful proposal may be adjusted by negotiated
agreement between the public agency and the design-builder to
reflect 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 and
payment bonds for the project if the estimated cost of the
project is more than two hundred thousand dollars ($200,000);
and
(2) may require the design-builder to furnish performance and
payment bonds for the project if the estimated cost of the
project is not more than two hundred thousand dollars
($200,000).
(b) A performance or payment bond is not required for, and does
not provide coverage for, the part of a design-build contract that
includes design services only.
(c) Subsection (b) does not impair the ability of the public agency
to seek recovery under the contract from the design-builder for
errors, 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 project
covered 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 components
of wrap-up insurance, that are specified in connection with a
design-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 public
project to be constructed under a design-build contract shall be made
and filed with the public agency at least two (2) weeks before the
date fixed for submission of the qualitative proposal and the price
proposal under IC 5-30-6-5.
(b) If the committee appointed under IC 5-16-7-1(b) fails to act
and to file a determination under IC 5-16-7-1(c) within the time
required by this section, the public agency shall make the
determination, and its finding shall be final.
(c) The time periods set forth in this section apply to any
construction services provided for a public project to be constructed
under a design-build contract, instead of the time periods set forth in
IC 5-16-7-1(f) and IC 5-16-7-1(g). As added by P.L.74-2005, SEC.1.
IC 5-30-8-1 Changes in public project; validity of design-build contract
Sec. 1. A design-build contract may be conditional upon
subsequent refinements in scope and price and may permit the public
agency to make changes in the scope of the project without
invalidating 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 and
construction services
Sec. 2. (a) A person identified under IC 5-30-7-1(2) as a person
with whom the design-builder proposes to enter into subcontracts for
primary design services and primary construction services under the
design-build contract may not be replaced without the approval of the
public agency and a written determination by the public agency that
a legitimate reason exists for the replacement.
(b) If a design-builder violates subsection (a), the public agency
may 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 cost
established in the successful proposal may be adjusted by negotiated
agreement between the public agency and the design-builder to
reflect 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 and
payment bonds for the project if the estimated cost of the
project is more than two hundred thousand dollars ($200,000);
and
(2) may require the design-builder to furnish performance and
payment bonds for the project if the estimated cost of the
project is not more than two hundred thousand dollars
($200,000).
(b) A performance or payment bond is not required for, and does
not provide coverage for, the part of a design-build contract that
includes design services only.
(c) Subsection (b) does not impair the ability of the public agency
to seek recovery under the contract from the design-builder for
errors, 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 project
covered 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 components
of wrap-up insurance, that are specified in connection with a
design-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 public
project to be constructed under a design-build contract shall be made
and filed with the public agency at least two (2) weeks before the
date fixed for submission of the qualitative proposal and the price
proposal under IC 5-30-6-5.
(b) If the committee appointed under IC 5-16-7-1(b) fails to act
and to file a determination under IC 5-16-7-1(c) within the time
required by this section, the public agency shall make the
determination, and its finding shall be final.
(c) The time periods set forth in this section apply to any
construction services provided for a public project to be constructed
under a design-build contract, instead of the time periods set forth in
IC 5-16-7-1(f) and IC 5-16-7-1(g). As added by P.L.74-2005, SEC.1.
