Indiana § 10-18-2-9 Contracts; publication of notice; bonds and sureties

Indiana Statutes

§ 10-18-2-9 — Contracts; publication of notice; bonds and sureties

Indiana·Title 10 PUBLIC SAFETY·Art. 18 WAR MEMORIALS·Ch. 2 World War Memorials

(a)If a county executive has adopted designs or plans for the construction of world war memorial structures as provided in section 6 of this chapter, the county executive shall:

(1)contract with a reliable contractor for all or any part of the construction of the world war memorial structure, as provided in this chapter; and

(2)publish a notice informing the public and contractors:

(A)of the nature of the structures to be constructed;

(B)that the designs and plans are on file in the office of the county executive; and

(C)that sealed proposals for contractors to work on the construction of the world war memorial are due not earlier than thirty (30) days from the first published notice.

(b)A notice published under subsection (a)(2) shall be published for at least three (3) consecutive

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(a) If a county executive has adopted designs
or plans for the construction of world war memorial structures as
provided in section 6 of this chapter, the county executive shall:
(1) contract with a reliable contractor for all or any part of the
construction of the world war memorial structure, as provided in
this chapter; and
(2) publish a notice informing the public and contractors:
(A) of the nature of the structures to be constructed;
(B) that the designs and plans are on file in the office of the
county executive; and
(C) that sealed proposals for contractors to work on the
construction of the world war memorial are due not earlier than
thirty (30) days from the first published notice.
(b) A notice published under subsection (a)(2) shall be published for
at least three (3) consecutive weeks:
(1) with each publication of notice in a newspaper of general
circulation published in the county; or
(2) with the first publication of notice in a newspaper described
in subdivision (1) and the two (2) subsequent publications:
(A) in accordance with IC 5-3-5; and
(B) on the county's official website.
(c) A county executive shall, by order, impose conditions upon:
(1) bidders;
(2) contractors;
(3) subcontractors; and
(4) materialmen;
with regard to bond and surety and guaranteeing the faithful
completion of work according to contract.
(d) All contracts with builders, architects, or materialmen must
reserve to the county executive for good cause shown the right to
cancel a contract and to relet work to others. If a contract is canceled,
at least ten percent (10%) shall be reserved from payments on estimates
on work done in progress until the contracts are completed and the
work done, inspected, and accepted by the county executive.
(e) A payment, partial or final, may not be construed as a waiver of
defective work or materials or as a release for damages on account of
defective work or materials.
(f) A surety may not be released from any obligation on its bond if
the contractor is paid the whole or any part of the percentages required
to be reserved from current estimates. A surety may not be released by
any final payment made to the contractor.
[Pre-2003 Recodification Citation: 10-7-1-9.]

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