Indiana § 10-18-4-7 - Designs, plans, and specifications; contents of architect and artisan proposals; cost limitations; design premium

§ 10-18-4-7. Designs, plans, and specifications; contents of architect and artisan proposals; cost limitations; design premium

Sec. 7. (a) The board of public works of the city shall select designs, plans, and all necessary specifications for the erection of the World War memorial. The board of public works shall publish notice:

(1) in at least:

(A) three (3) newspapers of general circulation, printed and published in the English language in Indiana, at least one (1) of which must be published in the city; and

(B) seven (7) other newspapers or publications published outside Indiana;

selected by the board of public works; and

(2) that, not less than four (4) months and not more than eight (8) months after the date of publication of the notice, the board of public works will receive and examine designs, plans, and specifications for the World War memorial structures submitted to the board by competing architects or artisans skilled in that work.

(b) Each architect or artisan competing must submit all the following:

(1) Full and careful estimates of the cost of construction of the World War memorial structures.

(2) A sealed proposal of the compensation the architect or artisan will require if the architect's or artisan's plan is adopted.

(3) A separate statement of the compensation the architect or artisan will require to superintend construction of the memorial structures.

(c) The board of public works may not adopt a design, plan, or specification that will cost more than the sum of the following:

(1) The amount appropriated for the memorial structures.

(2) The amount of any donations, devises, or bequests the city has received at the time the contract is awarded.

(d) To insure adequate competition, the board of public works may offer premiums of not more than fifteen thousand dollars ($15,000) for the best design, plans, or specifications for the World War memorial. The amount of any premium must be divided and awarded as first, second, and third premiums in the amounts and under the rules the board adopts.

(e) The board of public works may:

(1) reject any plans, designs, and specifications submitted if the board considers them unsuitable; and

(2) readvertise in the same manner as provided in this section for additional designs, plans, and specifications.

If the board of public works considers none of the designs, plans, and specifications suitable, the board may not award the premiums. Any premium awarded to the architect who becomes the supervising architect in building the World War memorial shall be considered fully paid by the commission or percentage agreed upon as specified in this chapter.

(f) In the selection of designs, plans, and specifications, the board of public works shall call for the assistance of all the following:

(1) The city's civil engineer.

(2) At least one (1) competent architect:

(A) of known skill and ability in the architect's profession; and

(B) who did not submit a design, a plan, or specifications for competition.

(3) One (1) contractor in good standing in the contractor's respective vocation.

(4) Other disinterested expert assistants as the board considers wise.

(g) The board of public works shall give the designs, plans, and specifications that have been submitted a thorough, critical examination and direct the experts called under subsection (f) to thoroughly examine the designs and specifications and carefully test the estimates submitted.

(h) If the board of public works finds:

(1) the specifications and estimates to be correct;

(2) that the designs, plans, and specifications, or any of them, can be constructed within the limits described in subsection (c); and

(3) that the designs, plans, and specifications are suitable in regard to permanence and appearance, adapted to all the purposes and aims for the World War memorial, and in keeping with the dignity of the city;

the board of public works may select the most meritorious of the designs, plans, and specifications and shall notify the successful architect of the selection. The board of public works shall return the rejected designs, plans, and specifications to the respective authors.

[Pre-2003 Recodification Citation: 10-7-6-6.]

As added by P.L.2-2003, SEC.9.