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Section: 227.0100 Publication of notices, where--construction bids--rejection--bond required. RSMO 227.100


Published: 2015

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Missouri Revised Statutes













Chapter 227

State Highway System

←227.090

Section 227.100.1

227.102→

August 28, 2015

Publication of notices, where--construction bids--rejection--bond required.

227.100. 1. All contracts for the construction of said work shall be let

to the lowest responsible bidder or bidders after notice and publication of

an advertisement in a newspaper published in the county where the work is to

be done, and in such other publications as the commission may determine.



2. Each bid shall be accompanied by a certified check or a cashier's

check or a bid bond, guaranteed by a surety company authorized by the

director of the department of insurance, financial institutions and

professional registration to conduct surety business in the state of Missouri,

equal to five percent of the bid, which certified check, cashier's check, or

bid bond shall be deposited with the commissioner as a guaranty and forfeited

to the state treasurer to the credit of the state road fund in the event the

successful bidder fails to comply with the terms of the proposal, and return

to the successful bidder on execution and delivery of the performance bond

provided for in subsection 4. The checks of the unsuccessful bidders shall

be returned to them in accordance with the terms of the proposal.



3. All notices of the letting of contracts under this section shall state

the time and place when and where bids will be received and opened, and all

bids shall be sealed and opened only at the time and place mentioned in such

notice and in the presence of some member of the commission or some person

named by the commission for such purpose.



4. The successful bidders for the construction of said work shall enter

into contracts furnished and prescribed by the commission and shall give good

and sufficient bond, in a sum equal to the contract price, to the state of

Missouri, with sureties approved by the commission and to ensure the proper

and prompt completion of said work in accordance with the provisions of said

contracts, and plans and specifications; provided, that if, in the opinion of

the majority of the members of the commission, the lowest bid or bids for the

construction of any of the roads, or parts of roads, herein authorized to be

constructed, shall be excessive, then, and in that event, said commission

shall have the right, and it is hereby empowered and authorized to reject any

or all bids, and to construct, under its own direction and supervision, all

of such roads and bridges, or any part thereof.



(RSMo 1939 § 8764, A.L. 1963 p. 393, A.L. 1967 p. 351, A.L. 1969

p. 367, A.L. 2002 H.B. 1196)



Prior revision: 1929 § 8116





1991



1991



227.100. 1. All contracts for the construction of said work

shall be let to the lowest responsible bidder or bidders after

notice and publication of an advertisement in a newspaper

published in the county where the work is to be done, and in such

other publications as the commission may determine; provided,

that in all cases where the project advertised shall be for the

construction of more than ten miles of road, such advertisement

shall provide for bids on sections of said road not to exceed ten

miles, as well as on the project as a whole, and such contract

shall then be let so as to provide for the most economical

construction of said project.



2. Each bid shall be accompanied by a certified check or a

cashier's check or a bid bond, guaranteed by a surety company

authorized by the director of the department of insurance to

conduct surety business in the state of Missouri, equal to five

percent of the bid, which certified check, cashier's check, or

bid bond shall be deposited with the commissioner as a guaranty

and forfeited to the state treasurer to the credit of the state

road fund in the event the successful bidder fails to comply with

the terms of the proposal, and return to the successful bidder on

execution and delivery of the performance bond provided for in

subsection 4. The checks of the unsuccessful bidders shall be

returned to them in accordance with the terms of the proposal.



3. All notices of the letting of contracts under this

section shall state the time and place when and where bids will

be received and opened, and all bids shall be sealed and opened

only at the time and place mentioned in such notice and in the

presence of some member of the commission or some person named by

the commission for such purpose.



4. The successful bidders for the construction of said work

shall enter into contracts furnished and prescribed by the

commission and shall give good and sufficient bond, in a sum

equal to the contract price, to the state of Missouri, with

sureties approved by the commission and to ensure the proper and

prompt completion of said work in accordance with the provisions

of said contracts, and plans and specifications; provided, that

if, in the opinion of the majority of the members of the

commission, the lowest bid or bids for the construction of any of

the roads, or parts of roads, herein authorized to be

constructed, shall be excessive, then, and in that event, said

commission shall have the right, and it is hereby empowered and

authorized to reject any or all bids, and to construct, under its

own direction and supervision, all of such roads and bridges, or

any part thereof.



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