§ 7-33-305 — Construction bids - Amount of bond issue - Performance bond - When bids binding - Construction by municipality's own forces

(a) Proposals for the construction of an improvement shall be solicited as sealed competitive bids after public advertisement at least once in a newspaper having general circulation in the municipality not less than ten (10) days prior to the date set for receipt of bids. (b) Upon or after the acceptance by the governing body of a bid, or combination of bids, the governing body may determine the principal amount of bonds to be issued for the proposed improvement, taking into account the amount of the accepted bid or bids, and all other costs of the improvement. These bonds shall be issued pursuant to the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21. (c) Each contract shall be supported by a performance bond for the full amount of the contract, with good surety to be approved by the governing body. (d) A bid shall not be binding on a contractor unless the governing body awards a contract within ninety (90) days after the date of opening bids. (e) If the governing body determines that no bids are acceptable, it may direct that the improvement be accomplished by the municipality's own forces, in which event the costs of construction included in the total costs for purposes of determining improvement assessments shall not exceed the lowest construction bid or bids that conform to all bid requirements.

Legislative History

Acts 1961, ch. 311, § 5; T.C.A., § 6-1255; Acts 1988, ch. 750, § 18.