§ 10-18-4-10 — Contracts; publication of notice; bonds and sureties

(a) After the board of public works has
adopted the necessary designs, plans, and specifications for
construction of the World War memorial structures as provided in this
chapter, the board of public works shall award contracts for all or any
part of the World War memorial structures to competent and reliable
contractors as provided in this section.
(b) The board of public works shall publish in accordance with
subsection (c) a notice:
(1) informing the public and contractors of the general nature of
the structures to be constructed and of the fact that designs, plans,
drawings, and specifications are on file in the office of the board
of public works; and
(2) calling for sealed proposals for the work on a day not earlier
than thirty (30) days from the first of such publications.
(c) The notice shall be published for at least three (3) weeks:
(1) with each publication of notice in a newspaper of general
circulation, printed and published in the English language in the
city; or
(2) with the first publication of notice in a newspaper described
in subdivision (1) and the two (2) subsequent publications of
notice:
(A) in accordance with IC 5-3-5; and
(B) on the official website of the city.
(d) The board of public works shall, by order, impose conditions
upon bidders, contractors, subcontractors, and materialmen with regard
to bond and surety, guaranteeing the good faith and responsibility of
the bidders, contractors, subcontractors, and materialmen and insuring
the faithful completion of the work, according to contract, or for any
other purpose.
(e) The board of public works shall reserve ten percent (10%) from
payments or estimates on work in progress until the contract is
completed and the work done is inspected and accepted by the board.
All contracts with contractors, subcontractors, architects, or
materialmen must reserve:
(1) to the board of public works, for good cause shown, the right
to cancel the contract and to award the work to others; and
(2) at least ten percent (10%) from payments or estimates on work
in progress until the contract is completed and the work done is
inspected and accepted by the board.
(f) Payment by the board of public works, partial or final, may not
be construed as a waiver of defective work or materials or as a release
for damages on account of the defective work or materials. A surety
may not be released from any obligation on the surety's bond if a
contractor should be paid the whole or any part of the percentage
required to be reserved from current estimates. A surety may not be
released by any final payment made to a contractor.
[Pre-2003 Recodification Citation: 10-7-6-9.]

Legislative History

As added by P.L.2-2003, SEC.9. Amended by P.L.152-2021, SEC.12; P.L.1-2025, SEC.151.