§ 36-1-12-1 — Application of chapter; alternatives to chapter

(a) Except as provided in this section, this
chapter applies to all public work performed or contracted for by:
(1) political subdivisions; and
(2) their agencies;
regardless of whether it is performed on property owned or leased by
the political subdivision or agency.
(b) This chapter does not apply to an officer or agent who, on behalf
of a municipal utility or a conservancy district described in IC 14-33-1-1(a)(4) or IC 14-33-1-1(a)(5), maintains, extends, and installs
services of the utility or district if the necessary work is done by the
employees of the utility or district.
(c) This chapter does not apply to hospitals organized or operated
under IC 16-22-1 through IC 16-22-5 or IC 16-23-1, unless the public
work is financed in whole or in part with cumulative building fund
revenue.
(d) This chapter does not apply to tax exempt Indiana nonprofit
corporations leasing and operating a city market owned by a political
subdivision.
(e) As an alternative to this chapter, the governing body of a
political subdivision or its agencies may do the following:
(1) Enter into a design-build contract as permitted under IC 5-30.
(2) Participate in a utility efficiency program or enter into a
guaranteed savings contract as permitted under IC 36-1-12.5.
(f) This chapter does not apply to a person that has entered into an
operating agreement with a political subdivision or an agency of a
political subdivision under IC 5-23.
(g) This chapter does not apply to the extension or installation of
utility infrastructure by a private developer of land if all the following
apply:
(1) A municipality will acquire for the municipality's municipally
owned utility all of the utility infrastructure that is to be extended
or installed.
(2) Not more than fifty percent (50%) of the total construction
costs for the utility infrastructure to be extended or installed,
including any increased costs that result from any construction
specifications that:
(A) are required by the municipality; and
(B) specify a greater service capacity for the utility
infrastructure than would otherwise be provided for by the
private developer;
will be paid for out of a public fund or out of a special
assessment.
(3) The private developer agrees to comply with all local
ordinances and engineering standards applicable to the
construction, extension, or installation of the utility infrastructure.
[Pre-Local Government Recodification Citations: 5-16-1
part; Part new.]
As added by Acts 1981, P.L.57, SEC.38. Amended by
P.L.182-1985, SEC.16; P.L.214-1989, SEC.7; P.L.24-1993, SEC.5;
P.L.2-1993, SEC.199; P.L.1-1994, SEC.173; P.L.82-1995, SEC.12;
P.L.49-1997, SEC.73; P.L.168-2006, SEC.2; P.L.71-2009, SEC.4;
P.L.99-2009, SEC.3; P.L.1-2010, SEC.145; P.L.91-2017, SEC.9;
P.L.177-2021, SEC.14.