As Amended
SEC. 37-101-43. Employment of architect; preparation of plans and specifications for facility; awarding of lease contract.
Prior to entering into or awarding any such lease contract under the provisions of section 37-101-41, the board of trustees of state institutions of higher learning shall cause the interested state-supported institution upon which a facility is proposed to be constructed to select and submit three architects to the board. Thereupon, the board shall approve and employ an architect, who shall be paid by said interested institution from any funds available to said interested institution. Said architect, under the direction of said interested institution, shall prepare complete plans and specifications for the facility desired to be constructed on the leased property.
Upon completion of said plans and specifications and the approval thereof by said board, and before entering into any lease contract, said board shall cause to be published once a week for at least three consecutive weeks and not less than twenty-one days in at least one newspaper having a general circulation in the county in which the interested institution is located and in one newspaper with a general statewide circulation, a notice inviting bids or proposals for the leasing, construction and leasing back of said land and constructed facility, said facility to be constructed in accordance with said plans and specifications. Said notice shall distinctly state the thing to be done, and invite sealed proposals, to be filed with said board, to do the thing to be done. Said notice shall contain the following specific provisions, together with such others as said board in its discretion deems appropriate, to wit: bids shall be accompanied by a bid security evidenced by a certified or cashier's check or bid-bond payable to said board in a sum of not less than five percent of the gross construction cost of the facility to be constructed as estimated by said board and the bids shall contain proof satisfactory to the board of interim and permanent financing. The board shall state in the notice when construction shall commence. The bid shall contain the proposed contractor's certificate of responsibility number and bidder's license. In all cases, before the notice shall be published, the plans and specifications shall be filed with said board and also in the office of the president of the interested institution, there to remain.
The board shall award the lease contract to the lowest and best bidder, who will comply with the terms imposed by said contract documents. At the time of the awarding of the lease contract the successful bidder shall enter into bond with sufficient sureties, to be approved by the board, in such penalty as may be fixed by the board, but in no case to be less than the estimated gross construction cost of the facility to be constructed as estimated by said board, conditioned for the prompt, proper and efficient performance of the contract. The bond shall be made by an authorized corporate surety bonding company. The said bid security herein provided for shall be forfeited if the successful bidder fails to enter into lease contract and commence construction within the time limitation set forth in the notice. At such time, and simultaneously with the signing of said contract, the successful bidder shall deposit a sum of money, in cash or certified or cashier's check, not less than the bid security previously deposited as bid security to reimburse the interested institution for all sums expended by it for architectural services and other expenditures of the board and interested institution connected with the bidded lease contract, of which such other anticipated expenditures notice is to be given to bidder in said notice. The bid security posted by an unsuccessful bidder shall be refunded to him.
SOURCES: Codes, 1942, Sec. 6724.5-01; Laws, 1968, ch. 413, Sec. 2, eff from and after passage (approved July 19, 1968).