Sec. 78. (a) Whenever the board is ready to let contracts, it shall publish notice in accordance with IC 5-3-1. The notice must:
(1) state that at a date, time, and place the board will receive bids on the work;
(2) generally and concisely describe the nature of the work to be done and materials to be furnished;
(3) invite sealed bids; and
(4) state that prospective bidders may obtain plans, specifications, and forms from the county surveyor in charge of the work.
A defect in the form of the notice does not invalidate proceedings under the notice.
(b) Each bidder shall deposit with the bidder's bid, at the bidder's option, either a certified check made payable to the board in the sum of five percent (5%) of the bid or a bid bond in the sum of five percent (5%) of the bid. If a bidder elects to deposit a bid bond, the bond must be payable to the board with sufficient sureties, and the bond must be conditioned upon the bidder's execution of a contract in accordance with the bidder's bid if accepted by the board and must provide for the forfeiture of five percent (5%) of the amount of the bid upon the bidder's failure to do so. The board shall return all checks and bonds submitted by unsuccessful bidders, and shall return a successful bidder's check or bond when the successful bidder enters into a contract with the board.
(c) At the hour specified in the notice for receiving the bids, the board shall open and examine all bids. The board shall then promptly award the contract or contracts to the lowest bidder or bidders it finds to be qualified. In determining whether a bidder is qualified, the board shall consider the complexity and magnitude of the work to be performed, and the skill and experience of the bidder. Within five (5) days after the acceptance of a bid, the successful bidder shall enter into a contract with the board that complies with subsection (d). If a successful bidder fails to enter into such a contract, the successful bidder forfeits to the board, as liquidated damages, the check or bond deposited under subsection (b).
(d) The contract between the board and a successful bidder must provide:
(1) that the contractor will perform the work under the supervision of the county surveyor and in accordance with the plans, specifications, and profiles adopted by the board;
(2) that a claim for payment under the contract will not be approved by the board until the work for which the claim is presented has been approved by the county surveyor;
(3) the time within which the work must be completed;
(4) that fifteen percent (15%) of the contract price shall be withheld by the board for a period of sixty (60) days after the completion of the work, for the purpose of securing payment of suppliers, laborers, and subcontractors; and
(5) for other terms that the board considers appropriate.
(e) Upon execution of the contract, the successful bidder shall give to the board a bond payable to the board, in an amount fixed by the board but not less than the amount of the bid, and with a corporate surety licensed to do business in Indiana. The bond must be conditioned on the faithful performance of the contract and the payment of all expenses and damages incurred under the contract, including payment of all suppliers, laborers, and subcontractors. However, in lieu of a corporate surety bond, the board may accept:
(1) a cash bond;
(2) a property bond; or
(3) a bond from a sufficiently financed private bonding company.
[Pre-Local Government Recodification Citations: 19-4-7-5 part; 19-4-7-6; 19-4-7-7 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.82; Acts 1981, P.L.317, SEC.27; P.L.350-1983, SEC.3; P.L.127-2017, SEC.359.
Structure Indiana Code
Article 9. Transportation and Public Works
36-9-27-1. Application of Chapter
36-9-27-3. Authority to Exercise Rights and Powers of Political Subdivisions and State
36-9-27-6. Special Members; Appointment; Powers and Duties; Compensation
36-9-27-7. Officers; Meetings; Quorum; Approval of Actions
36-9-27-9. Employment of Attorney
36-9-27-10. Compensation of Members and Employees
36-9-27-11. Payment of Expenses
36-9-27-12. Conflicts of Interest
36-9-27-13. Certain Counties; County Drainage Advisory Committees Established; Powers and Duties
36-9-27-14. Proceedings Affecting More Than One County; Joint Boards
36-9-27-15. Jurisdiction Over Regulated Drains
36-9-27-16. Private and Mutual Drains Exempt From Chapter
36-9-27-17. Private and Mutual Drains; Connection With Regulated Drains; Procedure
36-9-27-19. Mutual Drains; Conversion to Regulated Drain; Procedure Upon Request by Single Owner
36-9-27-20.6. Right of Entry and Right-of-Way Powers
36-9-27-24. Drains Located in Conservancy Districts; Jurisdiction
36-9-27-25. Drains Included in Flood Control Projects; Exemption From Chapter
36-9-27-27. Dissolution of Certain Drainage Maintenance and Repair Districts; Procedure
36-9-27-29. County Surveyors; Powers and Duties
36-9-27-30. Qualified Deputies; Appointment; Duties; Compensation
36-9-27-31. Counties Without Elected Surveyors; Employment of Engineers or Surveyors by Board
36-9-27-32. Contract Deputies; Appointment; Powers and Duties; Compensation
36-9-27-33. Right of Entry Over Private Land; Extension of Spoil Banks Beyond Right-of-Way
36-9-27-34. Classification of Drains by County Surveyor
36-9-27-37. Vacation of Drains; Procedure; Appeals
36-9-27-38. Periodic Maintenance of Drains; County Surveyor's Report
36-9-27-39. Periodic Maintenance of Drains; Schedule of Assessments
36-9-27-41. Periodic Maintenance of Drains; Combination of Drains for Assessment Purposes; Procedure
36-9-27-42. Increases and Decreases in Assessments for Periodic Maintenance of Drains; Procedure
36-9-27-43. Omission of Annual Assessment
36-9-27-44. Establishment of Maintenance Funds for Drains
36-9-27-45. Maintenance Funds for Drains; Use of Funds
36-9-27-45.5. Excess Drainage Maintenance Fund Balance; Transfer of Funds
36-9-27-46. Obstruction of Drains; Repair Procedure
36-9-27-49. Reconstruction of Drains; County Surveyor's Report
36-9-27-50. Reconstruction of Drains; Preparation of Schedule of Assessments and Damages
36-9-27-51. Reconstruction of Drains Necessitated by Changes in Land Use; Assessments
36-9-27-52.5. Authorization for Reconstruction of Regulated Drain
36-9-27-53. Reconstruction Proceedings; Combination of Drains; Procedure
36-9-27-54. Establishing New Regulated Drains; Petitions
36-9-27-55. Establishing New Regulated Drains; Inspection and Preliminary Report by County Surveyor
36-9-27-56. Establishing New Regulated Drains; Negative Findings by Surveyor; Procedure
36-9-27-58. Establishing New Regulated Drains; Notice of Hearing on Petition
36-9-27-59. Construction of Drains; Remonstrances and Objections to Petition
36-9-27-64. Construction of Drains Depriving Property Owners of Ingress and Egress; Damage Awards
36-9-27-66. Construction of Connecting Drain Through Lands Owned by Others; Procedure
36-9-27-67. Urban Drains; Designation
36-9-27-68. Urban Drains; Duties of County Surveyor
36-9-27-69.5. Drainage Plans and Specifications
36-9-27-70. Drains Within 300 Feet of Levees; Approval of Plans by Department of Natural Resources
36-9-27-71. Drains Crossing Public Highways and Railroad Rights-of-Way
36-9-27-74. Certain Counties; Tax Levy; Appropriations
36-9-27-75. Acceptance of Grants or Gifts
36-9-27-76. Cooperation With State or Federal Agencies
36-9-27-77. Contracts; Restrictions
36-9-27-78. Contracts; Bidding; Required Provisions; Surety Bonds
36-9-27-79.1. Contracts Estimated to Be Not More Than $150,000; Procedure
36-9-27-80.5. Construction Contract Changes in Specification; Change Orders
36-9-27-81. Partial or Progress Payments to Contractors
36-9-27-82. Final Payment Upon Completion of Contract; Approval of Work by County Surveyor
36-9-27-83. Subcontractors, Laborers, or Other Persons; Claims
36-9-27-84. Contracts; Apportionment of Costs to Lands Benefited
36-9-27-85. Certification of Assessments to County Auditor; Disposition of Unexpended Funds
36-9-27-87. Persons or Associations Owning Multiple Properties; Single Assessment Bill
36-9-27-88. Assessments; Due Date; Installment Payments
36-9-27-89. Ditch Assessment Liens; Attachment; Termination
36-9-27-90. Delinquent Assessments on Lands Owned by Municipal Corporations
36-9-27-93. Periodic Maintenance Assessments; Property Transfers; Reassessments; Procedure
36-9-27-94. Bonds; Authorization; Procedure; Terms
36-9-27-95. Fees for the Sale of Bonds
36-9-27-96. Bonds; Limited Obligation; Collection of Delinquencies
36-9-27-97. Bond Redemption Fund; Establishment; Composition
36-9-27-97.5. Construction Loans; Terms; Deposit of Proceeds; Interest on Loan
36-9-27-98. Payment of Assessments by Municipality or County
36-9-27-99. Cumulative Drainage Fund; Establishment
36-9-27-100. Cumulative Drainage Fund; Tax Levy
36-9-27-104. Interstate Drains; Authorization; Joint Meetings of State Officials
36-9-27-105. Interstate Drains; Cooperation of Surveyors and Engineers
36-9-27-106. Judicial Review; Petition
36-9-27-107. Judicial Review; Procedure
36-9-27-108. Judicial Review; Stay of Proceedings Ordered by Board
36-9-27-109. Judicial Review; Evidence; Filing Requirements
36-9-27-110. Notice and Service; Requirements
36-9-27-111. Time for Filing Documents; Extensions
36-9-27-112. Determination of Benefits and Damages by Board; Factors Considered
36-9-27-113. Investment of Funds; Consolidation; Credit of Interest Earned
36-9-27-114. Drainage Board Fees in Certain Counties for Certain Storm Water Activities