24-05-04. Contracts to be advertised - Road construction - Requirements for rental
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/nd/title-24/chapter-24-05-county-roads/24-05-04·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
contracts.
1. If a contract for a highway improvement exceeds two hundred thousand dollars, the
board of county commissioners shall seek bids by publishing an advertisement at least
once each week for two consecutive weeks in the official newspaper of the county and
in other newspapers as the board deems advisable. The first publication must be
made at least fifteen days before the day set for the opening of the bids. For any
contract for a highway improvement that exceeds fifty thousand dollars but does not
exceed two hundred thousand dollars, the county, when possible, shall seek quotes
from at least two contractors. If a road is destroyed by a flood or other casualty and the
public interest would suffer by the delay from advertising for bids and awaiting the
contract, the county commissioners may promptly contract for the rebuilding or repair
of the road without advertising for bids, regardless of the cost.
2. Except as provided in section 54-44.4-13, a purchase of county road machinery and
any rental contract or agreement for the use of road machinery and other articles,
except necessary repairs for road machinery, which exceeds the sum of one hundred
thousand dollars must be advertised by publishing an advertisement for bids at least
once each week for two consecutive weeks in the official newspaper of the county and
in any other newspapers as the board deems advisable. The first publication must be
made at least fifteen days before the day set for the opening of the bids. The board of
county commissioners may not enter a rental contract or agreement for the use of road
machinery and other articles for a longer period than twelve months from the date of
the rental contract or agree to pay rental for the use of road machinery and other
articles which would result in the lessor receiving rental at a rate in excess of twenty
percent per year of the cash sale price of the road machinery or other articles. The
cash sale price of the road machinery and other articles must be clearly set forth in
any rental contract for road machinery and other articles and failure to include this data
in any rental contract for the use of road machinery and other articles renders the
rental contract void. A payment made under a void rental contract is recoverable from
the county commissioners making the contract, jointly and severally.
3. Notwithstanding the provisions of this section relating to the duration of rental
contracts, the board of county commissioners may enter lease-purchase agreements
for the road machinery and articles covered by this section if those agreements
provide for the complete performance and full payment of the purchase price of the
machinery or articles within seven years from the date of the execution of the
lease-purchase agreement according to section 44-08-01.1.
4. Notwithstanding the provisions of this section relating to bidding of road machinery, the
board of county commissioners or its designee may purchase used road machinery at
public auction or as surplus property from the office of management and budget.
5. Bids received under this section must be opened and awarded under the procedure
provided in section 48-01.2-07.