2012 Indiana Code
TITLE 5. STATE AND LOCAL ADMINISTRATION
ARTICLE 30. DESIGN-BUILD PUBLIC WORKS PROJECTS
CHAPTER 1. DEFINITIONS

IC 5-30
ARTICLE 30. DESIGN-BUILD PUBLIC WORKS PROJECTS

IC 5-30-1
Chapter 1. Definitions

IC 5-30-1-1
Definitions; applicability
Sec. 1. The definitions in this chapter apply throughout this article.
As added by P.L.74-2005, SEC.1.

IC 5-30-1-2
"Construction services"
Sec. 2. "Construction services" means services provided under a design-build contract that are not design services.
As added by P.L.74-2005, SEC.1.

IC 5-30-1-3
"Design-build contract"
Sec. 3. "Design-build contract" means a contract between a public agency and a design-builder to furnish:
(1) architectural, engineering, and related design services as required for a public project; and
(2) labor, materials, and other construction services for the same public project.
As added by P.L.74-2005, SEC.1.

IC 5-30-1-4
"Design-builder"
Sec. 4. "Design-builder" means a person that furnishes the necessary design and construction services under a design-build contract, whether by itself or through contractual arrangements.
As added by P.L.74-2005, SEC.1.

IC 5-30-1-5
"Design criteria developer"
Sec. 5. "Design criteria developer" means a person registered under IC 25-4 as an architect or IC 25-31 as a professional engineer who is responsible for preparing the design criteria package for the public agency for a design-build project.
As added by P.L.74-2005, SEC.1.

IC 5-30-1-6
"Design criteria package"
Sec. 6. "Design criteria package" means a set of documents that provides sufficient information to permit an offeror to prepare a proposal in response to a public agency's request for proposals.
As added by P.L.74-2005, SEC.1.
IC 5-30-1-7
"Design services"
Sec. 7. "Design services" means services that are:
(1) within the scope of practice specified by IC 25-4 for architecture or IC 25-31 for professional engineering; or
(2) performed by a registered architect or professional engineer in connection with the architect's or engineer's professional employment or practice.
As added by P.L.74-2005, SEC.1.

IC 5-30-1-8
"Offeror"
Sec. 8. "Offeror" means a person who submits a proposal in response to a request for proposals.
As added by P.L.74-2005, SEC.1.

IC 5-30-1-9
"Person"
Sec. 9. "Person" means an individual, a firm, a partnership, a limited liability company, a joint venture, an association, a corporation, or another legal entity.
As added by P.L.74-2005, SEC.1.

IC 5-30-1-10
"Proposal"
Sec. 10. "Proposal" means an offer by a potential design-builder to enter into a design-build contract for a public project in response to a request for proposals.
As added by P.L.74-2005, SEC.1.

IC 5-30-1-11
"Public agency"
Sec. 11. (a) "Public agency" means:
(1) a state agency (as defined in IC 4-13-1-1);
(2) a state educational institution;
(3) a unit (as defined in IC 36-1-2-23);
(4) a body corporate and politic created by state statute;
(5) a school corporation (as defined in IC 20-26-2-4);
(6) a conservancy district established for a purpose described in IC 14-33-1-1(a)(4) or IC 14-33-1-1(a)(5); or
(7) a fire protection district established under IC 36-8-11.
(b) The term does not include the Indiana department of transportation.
As added by P.L.74-2005, SEC.1. Amended by P.L.246-2005, SEC.58; P.L.2-2007, SEC.112; P.L.166-2011, SEC.1; P.L.7-2012, SEC.1.

IC 5-30-1-12
"Public project"
Sec. 12. (a) "Public project" means the process of designing,

constructing, reconstructing, altering, or renovating a public building, an airport facility, a sewer, a drain, or another structure or improvement that is paid for out of:
(1) a public fund; or
(2) a special assessment.
(b) The term includes either of the following:
(1) A process described in subsection (a) relating to a building or structure leased by a public agency under a lease containing an option to purchase.
(2) A public improvement to real property owned by a public agency.
(c) The term does not include the process of designing, constructing, altering, or repairing a public highway (as defined in IC 9-25-2-4).
As added by P.L.74-2005, SEC.1. Amended by P.L.166-2011, SEC.2.

IC 5-30-1-13
"Team"
Sec. 13. "Team" means a single entity that is responsible for a public project using the design-build contracting method. The entity may include:
(1) the design-builder; and
(2) a person who:
(A) subcontracts with the design-builder;
(B) is a partner of the design-builder;
(C) enters into a joint venture with the design-builder; and
(D) performs work under a design-build contract.
As added by P.L.74-2005, SEC.1.