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§61-1.
§61-1.
A. Prior to the award of any contract exceeding the amount of Thirteen
Thousand Five Hundred Dollars ($13,500.00) for the purpose of making
any public improvements or constructing or repairing any public
building, the person to whom said contract is awarded shall:
1. Furnish a bond with good and sufficient sureties payable to the
state in a sum not less than the total sum of the contract; or
2. Cause an irrevocable letter of credit containing such terms as may
be prescribed by the Department of Central Services to be issued for
the benefit of the state by a financial institution insured by the
Federal Deposit Insurance Corporation in a sum not less than the total
sum of the contract.
B. The bond or irrevocable letter of credit shall ensure the proper
and prompt completion of the work in accordance with the contract and
shall ensure that the contractor shall pay all indebtedness incurred
by said contractor, his subcontractors, and all materialmen for such
labor, material, rental of machinery or equipment, and repair of and
parts for equipment as are used or consumed in the performance of said
contract. Provided, notice in writing by certified mail must be given
to the general contractor where rental of equipment is to be furnished
to his subcontractor. The notice shall include the beginning date, the
location where the equipment is to be used, the description of the
equipment and the terms of the rental and be mailed so as to be
received by the general contractor within ten (10) days of the
effective date of said rental.
C. For any contract not exceeding the amount of Thirteen Thousand Five
Hundred Dollars ($13,500.00), in lieu of a bond or irrevocable letter
of credit, the contractor shall submit an affidavit of the payment of
all indebtedness incurred by the contractor, subcontractors, and all
materialmen for labor, material, rental of machinery or equipment, and
repair of and parts for equipment as are used or consumed in the
performance of the contract. The execution of the affidavit with
knowledge that any of the contents of the affidavit are false, upon
conviction, shall constitute perjury, punishable as provided for by
law.
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