§ 36-9-25-26 — Construction of sewage works; notice of confirmation of resolution; bids; contracts

(a) If the board, or the court hearing an
appeal, finally confirms the resolution, the board shall have published,
in accordance with IC 5-3-1, a notice of the general nature of the work
and of the fact that detailed plans, drawings, and specifications are on
file in the office of the board.
(b) The board may advertise for and receive construction bids at any
time after confirming the resolution. The board shall require each
bidder to deposit with the bidder's bid a certified check or satisfactory
bond by an incorporated surety company in good standing and qualified
to do business in Indiana in an amount that the board determines to be
at least sufficient to insure the execution of the contract for which the
bid is made. Each bidder shall also file with the bidder's bid an affidavit
that the bidder has not, directly or indirectly, entered into any
combination, collusion, understanding, or agreement with another
bidder to maintain the price of the work or contract, to prevent another
bidder from bidding, or to induce a bidder to refrain from bidding on
the contract or work. The affidavit must also state that the bidding is
made without regard to any other bidder and without any agreement,
understanding, or combination, either directly or indirectly, with any
other persons concerning the bidding.
(c) If, after a contract has been let, it appears that the successful
bidder is guilty of collusion, combination, understanding, or agreement,
as defined in the affidavit, the successful bidder forfeits the contract
and the work shall be relet by the board. The board may impose
conditions upon the bidders regarding bond surety, guaranteeing the
good faith and responsibility of the bidders and the faithful
performance of the work according to contract, keeping the work in
repair for a given length of time, or for another purpose. The board may
reject any bids, but if it does reject all bids notices must be published
as originally required before other bids may be received.
(d) The board may let part of the proposed work under different
contracts. A contract may not be let at a bid higher than the estimate of
cost of the work to be performed under the contract. However, the
board may make a new estimate of the cost of the work at any time
after the adoption of the resolution required by section 18 of this
chapter and before the advertising for the receipt of bids for the
construction of the work. If a new estimate is made, notice shall be
given by publication in accordance with IC 5-3-1 naming a date when
a public hearing will be held to determine the public utility of the new
estimate.
(e) The contracts must expressly state that payments for all work
shall be made only from the special fund derived from the proceeds of
bonds authorized for this purpose. If a contract is executed for the
construction of sewage works under this chapter, the validity of the
contract may be questioned only in an action to enjoin the performance
of the contract brought within fifteen (15) days after the date of
execution. Sixteen (16) days after execution, all proceedings and orders
of the board preliminary to and including the contract are valid,
conclusive, and binding upon all persons and are not subject to attack.
(f) Additions or extensions to sewage works constructed under this
chapter shall be built under contract entered into under this section in
the same manner as the contract for the original works. The cost of
additions or extensions, including additional land or rights-of-way
acquired by the board, may be met by the sale of additional bonds to be
issued and sold by the board and the levy of special taxes to retire the
bonds as provided in this chapter.
[Pre-Local Government Recodification Citation:
19-2-14-18.]
As added by Acts 1981, P.L.309, SEC.98. Amended by Acts
1981, P.L.45, SEC.70; P.L.127-2017, SEC.324.