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

Publication of notices, where--construction bids--rejection--bondrequired.

227.100. 1. All contracts for the construction of said work shall belet to the lowest responsible bidder or bidders after notice and publicationof an advertisement in a newspaper published in the county where the work isto 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'scheck or a bid bond, guaranteed by a surety company authorized by the directorof the department of insurance, financial institutions and professionalregistration to conduct surety business in the state of Missouri, equal tofive percent of the bid, which certified check, cashier's check, or bid bondshall be deposited with the commissioner as a guaranty and forfeited to thestate treasurer to the credit of the state road fund in the event thesuccessful bidder fails to comply with the terms of the proposal, and returnto the successful bidder on execution and delivery of the performance bondprovided for in subsection 4. The checks of the unsuccessful bidders shall bereturned to them in accordance with the terms of the proposal.

3. All notices of the letting of contracts under this section shallstate the time and place when and where bids will be received and opened, andall bids shall be sealed and opened only at the time and place mentioned insuch notice and in the presence of some member of the commission or someperson named by the commission for such purpose.

4. The successful bidders for the construction of said work shall enterinto contracts furnished and prescribed by the commission and shall give goodand sufficient bond, in a sum equal to the contract price, to the state ofMissouri, with sureties approved by the commission and to ensure the properand prompt completion of said work in accordance with the provisions of saidcontracts, and plans and specifications; provided, that if, in the opinion ofthe majority of the members of the commission, the lowest bid or bids for theconstruction of any of the roads, or parts of roads, herein authorized to beconstructed, shall be excessive, then, and in that event, said commissionshall have the right, and it is hereby empowered and authorized to reject anyor all bids, and to construct, under its own direction and supervision, all ofsuch 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

(1964) Insurance agents who procured insurance for subcontractors on highway construction project and paid the premiums to insurer and took a note from the subcontractor therefor were entitled to sue as beneficiaries on contractor's bond for insurance premiums paid. State v. Storms-Green Construction Co. (A.), 382 S.W.2d 812.