229.050. Engineer's estimate of cost--advertisement for bids--contract.

MISSOURI STATUTES AND CODES

229.050. Engineer's estimate of cost--advertisement for bids--contract.

Engineer's estimate of cost--advertisement for bids--contract.

229.050. 1. Whenever it shall be ordered by the countycommission, township board or district commissioner, as the casemay be, that any road, bridge or culvert in the county beconstructed, reconstructed or improved or repaired by contract,and the engineer's estimated cost thereof exceeds the sum of fivehundred dollars, the county, township or district authoritiesshall order the county highway engineer, or other engineer intheir employ, or both such engineers acting together, if sodesired, to prepare and file with the clerk of the countycommission, township board or district commissioners, as the casemay be, all necessary maps, plans, specifications and profiles,and an estimate of the cost of the work. The county commissionor other proper authority may approve or reject the maps, plans,specifications and profiles and order others prepared and filed.

2. When the maps, plans, specifications and profiles havebeen approved, the county, township or district authorities shallorder the engineer to advertise the letting of the contractproposed to be let by advertisement in some newspaper publishedin the county wherein the contract is to be executed, which saidadvertisement shall be published once a week for threeconsecutive weeks, the last insertion to be within ten days ofthe day of letting.

3. All bids shall be in writing, accompanied by instructionsto bidders which shall be furnished by the engineer uponapplication. All bids on road work shall state the unit pricesupon which the same are based. All bids shall be sealed andfiled with the clerk of the county commission, township board orspecial road district commissioners, and, on the day and at thehour named in the advertisement, shall be publicly opened andread in the presence of the county commission, township board orspecial road district commissioners, and the engineer, and shallthen be recorded in detail in some suitable book. All bids shallbe accompanied by a certified check equal to ten percent of theengineer's estimate of cost, payable to the county treasurer, tothe use of the county, township or road district, as the case maybe, or a bidder's bond executed by some surety company authorizedto do business in this state or other good and sufficient suretyin a like sum shall be given, as a guarantee on the part of thebidder that if his bid be accepted he will, within ten days afterreceipt of notice of such acceptance, enter into contract andbond to do the work advertised, and in case of default forfeitand pay sum of ten percent of the engineer's estimate of cost.

4. The contract shall be awarded to the lowest responsiblebidder. The county commission may in its discretion reject anyor all bids. Any bid in excess of the engineer's estimate of thecost of the work to be done shall be rejected. When it shall bedecided by order of record to accept any bid, the county,township or district authorities shall order a contract to beentered into by and between the bidder and the county, townshipor special road district, as the case may be. The contract shallhave attached to and made a part thereof the proposal sheet,instructions to bidders, and bid, maps, plans, specifications andprofiles.

5. Whenever the contract is executed and approved by orderof record and endorsement thereon, it shall be filed andpreserved as a permanent record. It shall be incorporated in thecontract that the county, township or special road district shallreserve the right to make any additions to, omissions from,changes in or substitutions for the work or materials called forby the drawings and specifications, without notice to the suretyon the bond given to secure the faithful performance of the termsof the contract. The bidder must agree that before the county orpolitical subdivision shall be liable for any additional work ormaterial, the county or political subdivision must first orderthe same, and the cost thereof must be agreed upon in writing andentered of record before such additional work shall apply in caseof omissions, deductions or changes, and the unit prices shall bethe basis of the values of such changes.

6. In case of disagreement upon the cost or price of anyaddition, omission or change ordered or so desired, then it isexpressly agreed that the decision of the state highway engineershall be received and accepted as fixing definitely and finallythe cost of such change, and when so fixed, the countycommission, township board or special road district commissionersshall enter of record such change. It shall also be provided inthe contract that the contractor will furnish and promptly payfor all labor employed and materials used in the performance ofsuch contract.