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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