Sec. 23. (a) If the works board finally orders an improvement and has advertised for bids, the works board shall require each bidder to deposit with the bidder’s bid, at the bidder’s option, either a bid bond or a certified check to ensure the execution of the contract.

     (b) The bid bond or certified check must be equal to the greater of the following:

(1) An amount not less than two and one-half percent (2 1/2%) of the engineer’s estimate of the cost of the improvement.

(2) One hundred dollars ($100).

     (c) The following applies if a bidder elects to deposit a bid bond:

(1) The bond must be payable to the works board with sufficient sureties.

(2) The bond must be conditioned upon the bidder’s execution of a contract in accordance with the bidder’s bid if accepted by the works board.

(3) The bond must provide for forfeiture of the amount of the bond upon the bidder’s failure to execute the contract in accordance with the bidder’s bid.

     (d) The works board shall do the following:

(1) Return all checks and bonds submitted by unsuccessful bidders.

(2) Return a successful bidder’s check or bond when the bidder enters into a contract with the works board.

As added by P.L.98-1993, SEC.7.