N.D. Cent. Code § 48-01.2-14 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-14
48-01.2-14. Late payment - Rate of interest
Status: in_force

48-01.2-14. Late payment - Rate of interest

If a governing body fails or neglects to consider any estimate properly submitted, pay any

estimate approved, or make final payment upon completion and acceptance of a public

improvement, for a period of more than thirty days from the date of approval of the estimate or

the completion and acceptance date, the governing body shall pay interest on the estimate or

final payment from the date of approval. The interest rate must be the rate per annum of two

percentage points below the Bank of North Dakota prime interest rate as set thirty days from the

date of the estimate or completion date until the issuance of a proper warrant for the payment.

The governing body shall compute and add the interest to the face of the estimate or final

payment and the interest must be charged to the fund upon which payment for the contract is to

be made. No payment for, or on account of, any contract made under this chapter may be made

except upon estimate of the architect, engineer, or contractor as provided in section 48-01.2-13.
N.D. Cent. Code § 48-08-08 — ND Code / Title 48 / Chapter 48-08 / Section 48-08-08
48-08-08. State, county, or local municipal buildings - Space for disaster activities
Status: in_force

48-08-08. State, county, or local municipal buildings - Space for disaster activities

The director of the office of management and budget and any other group, board, or

commission having control of the use of any state, county, or local municipal buildings are

authorized to provide space for emergency operating centers and disaster offices in such

buildings.
N.D. Cent. Code § 48-03-01 — ND Code / Title 48 / Chapter 48-03 / Section 48-03-01
48-03-01. Public expenditures in public buildings not interest bearing
Status: in_force

48-03-01. Public expenditures in public buildings not interest bearing

Expenditures by and on behalf of the state for public buildings or other structures for

educational, charitable, penal, industrial, or other public purposes shall be made in order to

provide the equipment to promote such public purposes, and such investments shall not be

interest bearing.
N.D. Cent. Code § 48-12-03 — ND Code / Title 48 / Chapter 48-12 / Section 48-12-03
48-12-03. Prohibited labor organization terms in a grant, tax abatement, and tax credit
Status: in_force

48-12-03. Prohibited labor organization terms in a grant, tax abatement, and tax

credit.

1. A governmental unit may not award a grant, tax abatement, or tax credit that is

conditioned upon a requirement that the awardee include a term prohibited under

section 48-12-02 in a contract document for any construction, improvement,

maintenance, or renovation of real property or fixtures that are the subject of the grant,

tax abatement, or tax credit.

2. This chapter does not prohibit a governmental unit from awarding a contract, grant, tax

abatement, or tax credit to a private owner, bidder, contractor, or subcontractor that

enters, is a party to, or adheres to an agreement with a labor organization, if:

a. Being or becoming a party or adhering to an agreement with a labor organization

is not a condition for the award of the contract, grant, tax abatement, or tax credit;

and

b. The governmental unit does not discriminate against a private owner, bidder,

contractor, or subcontractor in the awarding of that contract, grant, tax abatement,

or tax credit based upon the status as being or becoming, or the willingness or

refusal to become, a party to an agreement with a labor organization.

3. This chapter does not prohibit a contractor or subcontractor from voluntarily entering or

complying with an agreement entered with one or more labor organizations in regard

to a contract with a governmental unit or a contract funded in whole or in part from a

grant, tax abatement, or tax credit from a governmental unit.
N.D. Cent. Code § 48-04-04 — ND Code / Title 48 / Chapter 48-04 / Section 48-04-04
48-04-04. Meetings - Held in public buildings
Status: in_force

48-04-04. Meetings - Held in public buildings

All meetings and elections of the municipalities mentioned in section 48-04-01, provided by

law to be held, and otherwise legally called and held, may be held in such public buildings

whether wholly or partly within one or wholly or partly within the other municipality.
N.D. Cent. Code § 48-08-04 — ND Code / Title 48 / Chapter 48-08 / Section 48-08-04
48-08-04. Use of legislative assembly rooms and halls
Status: in_force

48-08-04. Use of legislative assembly rooms and halls

During the interim between legislative sessions, the committee rooms, halls, passageways,

and other space in the capitol used by the legislative assembly, including the pioneer room, the

coteau room, the Sheyenne River room, judicial wing room 216, and judicial wing rooms 327 B,

C, and E, may not be used without authorization of the legislative council.
N.D. Cent. Code § 48-01.2-06 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-06
48-01.2-06. Bid requirements for public improvements
Status: in_force

48-01.2-06. Bid requirements for public improvements

1. Multiple prime bids for the general, electrical, and mechanical portions of a project are

required when any individual general, electrical, or mechanical contract or any

combination of individual contracts is in excess of the threshold established under

section 48-01.2-02.1. If a general, mechanical, or electrical contract is estimated to be

less than twenty-five percent of the threshold, the contract may be included in one of

the other prime contracts. A governing body may allow submission of a single prime

bid for the complete project or bids for other specialized portions of the project. A

governing body may not accept the single prime bid unless that bid is lower than the

combined total of the lowest responsible multiple bids for the project.

2. If a bid for the general, electrical, or mechanical portions of a project is not received, a

governing body may:

a. Negotiate a contract amendment, up to an additional one hundred fifty thousand

dollars, with the general, electrical, or mechanical contractor whose contract

would represent the largest portion of the project cost for providing the portion of

the project for which a bid was not received without rebidding all or part of the

project; or

b. Award a contract for each portion of a project that received responsible bids

pursuant to section 48-01.2-07 and readvertise for bids on the portion of the

project that did not receive bids.
N.D. Cent. Code § 48-01.2-10 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-10
48-01.2-10. Bonds from contractors for public improvements
Status: in_force

48-01.2-10. Bonds from contractors for public improvements

1. Unless otherwise provided under this chapter, a governing body authorized to enter a

contract for the construction of a public improvement in excess of two hundred fifty

thousand dollars shall take from the contractor a bond before permitting any work to

be done on the contract. The bond must be for an amount equal at least to the price

stated in the contract. The bond must be conditioned to be void if the contractor and all

subcontractors fully perform all terms, conditions, and provisions of the contract and

pay all bills or claims on account of labor performed and any supplies, and materials

furnished and used in the performance of the contract, including all demands of

subcontractors. The requirement that bills and claims be paid must include the

requirement that interest of the amount authorized under section 13-01-14 be paid on

bills and claims not paid within ninety days. The bond is security for all bills, claims,

and demands until fully paid, with preference to labor and material suppliers as to

payment. The bond must run to the governing body, but any person having a lawful

claim against the contractor or any subcontractor may sue on the bond.

2. A governing body may not require any person required to provide a surety bond to

obtain the surety bond from a specified insurance or surety company or insurance

producer or to submit financial data to the company or producer.
N.D. Cent. Code § 48-01.2-09 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-09
48-01.2-09. Contract with successful bidder
Status: in_force

48-01.2-09. Contract with successful bidder

A governing body shall enter a contract with the lowest responsible bidder as determined

under section 48-01.2-07. The contract must contain the following:

1. The written terms of the agreement and any associated document signed by the

governing body and the contractor;

2. The required surety bond; and

3. Any other document deemed appropriate by the governing body and identified in the

advertisement for bids.
N.D. Cent. Code § 48-12-01 — ND Code / Title 48 / Chapter 48-12 / Section 48-12-01
48-12-01. Definitions
Status: in_force

48-12-01. Definitions

As used in this chapter:

1. "Facility" means a physical improvement to real property owned or leased, directly or

through a building authority, by a governmental unit, including a road, bridge, runway,

rails, or building or structure along with the building's or structure's grounds,

approaches, services, and appurtenances.

2. "Governmental unit" means the state or a political subdivision.
N.D. Cent. Code § 48-05-05 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-05
48-05-05. Public buildings and parks - Opening for public meetings - Penalty for violation
Status: repealed

48-05-05. Public buildings and parks - Opening for public meetings - Penalty for

violation.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 48-01.2-19 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-19
48-01.2-19. Agency construction management procurement procedures - Contract
Status: in_force

48-01.2-19. Agency construction management procurement procedures - Contract

1. A governing body electing to utilize the agency construction management delivery

method shall establish a construction management services selection committee

composed of individuals the governing body determines to be qualified to make an

informed decision as to the most competent and qualified person for the proposed

public improvement.

2. The agency selection committee shall:

a. Develop a description of the proposed public improvement;

b. Enumerate each required agency construction management service for the

proposed public improvement; and

c. Prepare the formal invitation request for qualifications, which must include the

project title, the general scope of work, a description of each service required for

the public improvement, the final selection criteria, the address to which

responses to the request must be submitted, and the deadline for submission of

responses.

3. The governing body shall publish a notice of the request for qualifications in a

newspaper of general circulation in the county in which the public improvement is

located and in a construction trade publication, electronic service, builders exchange,

or other industry-recognized method in general circulation among the contractors,

building manufacturers, and dealers in this state and shall be published for three

consecutive weeks, with the first publication being at least twenty-one days before the

date of opening of the request for qualifications. Upon written request, the governing

body shall mail a copy of the invitation to any interested party.

4. After the submission deadline, the selection committee shall hold interviews with at

least three persons that have responded to the advertisement and which are deemed

most qualified on the basis of information available before the interviews. If less than

three persons have responded to the advertisement, the committee may readvertise or

hold interviews with any person that submitted a response. The selection committee's

determination as to which person will be interviewed must be in writing and must be

based upon the committee's review and evaluation of all materials submitted. The

written report of the committee must list the name of each person that responded to

the advertisement and enumerate any reason for selecting any person to be

interviewed. The written report must be available to the public upon written request.

The purpose of the interviews must be to provide any information required by the

selection committee to fully acquaint the committee members with the relative

qualifications of each person that responded to the advertisement.

5. The selection committee shall evaluate each person interviewed on the basis of the

following criteria:

a. The past performance of the person with respect to prior public improvements.

b. The qualifications of proposed personnel.

c. The willingness to meet time and budget requirements of the governing body.

d. The business location of the person.

e. The recent, current, and projected workloads of the person.

f. Any related experience performing agency construction management services on

projects of similar size and scope.

g. Any recent or current work by the person for the agency.

h. The ability of the person to provide the bond for the person's portion of the work

on the public improvement.

i. The possession by the person of a class A contractor's license.

6. Based upon the evaluation under subsection 5, the selection committee shall rank the

three persons which, in its judgment, are most qualified. If fewer than three persons

responded to the advertisement, the selection committee shall rank each person that

responded. The selection committee's report ranking the interviewed persons must be

in writing and must include data substantiating the committee's determinations. The

data must be available to the public upon written request.

7. The selection committee shall submit its written report ranking the interviewed persons

to the governing body for evaluation and approval by the governing body. The

governing body shall determine the final ranking of each person and provide written

notification of the order of preference to each person that responded to the request for

qualifications.

8. After providing the notice under subsection 7, the governing body shall negotiate a

contract for services with the most qualified person at a compensation which is fair and

reasonable to the governing body. If the governing body is unable to negotiate a

satisfactory contract with that person, the governing body shall terminate negotiations

with that person and commence negotiations in the same manner with the second and

then the third most qualified person until a satisfactory contract has been negotiated. If

no agreement is reached, three additional persons in order of the original ranking must

be selected after consultation with the selection committee, and negotiations must be

continued in the same manner until agreement is reached.

9. The governing body, at any time, may reject all proposals and readvertise or select

another allowed project delivery method.
N.D. Cent. Code § 48-09-03 — ND Code / Title 48 / Chapter 48-09 / Section 48-09-03
48-09-03. Security required of successful bidder
Status: in_force

48-09-03. Security required of successful bidder

The governing body, in its discretion, may require a deposit of security by the successful

bidder for a concession within ten days after notice of the acceptance of the bid. If such deposit

of security is not so furnished, the concession may be let to the next highest bidder, and if there

is no other bidder, to some other party. Such deposit of security must be approved and accepted

before the renting, leasing, or licensing of such public property shall become effective. Vending,

service, and merchandising machines shall be permitted in public buildings only upon payment

of an adequate compensation for such privilege. All moneys received under the provisions of

this section and section 48-09-01 shall be turned into the general fund of the state, county, or

municipality, as the case may be.
N.D. Cent. Code § 48-01.2-20 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-20
48-01.2-20. Selection process for construction management at-risk planning and design phase services
Status: in_force

48-01.2-20. Selection process for construction management at-risk planning and

design phase services.

1. A governing body electing to utilize a construction management at-risk delivery

process for a proposed public improvement shall create a selection committee

composed of:

a. An administrative individual from the governing body.

b. A registered architect.

c. A registered engineer.

d. A licensed contractor.

2. The governing body may compensate members of the selection committee. A member

of the selection committee is not eligible to submit a proposal for the construction

management at-risk contract under consideration.

3. Before issuing a notice of request for qualifications to enter a construction

management at-risk services contract, the selection committee shall establish the

content of the request for qualifications, which must include the following:

a. The identity of the governing body and a list of the members of the selection

committee;

b. A description of the proposed public improvement;

c. The proposed budget limits of the public improvement;

d. The commencement and completion date of the public improvement;

e. The procedures to be used in submitting proposals;

f. The qualifications evaluation criteria and the relative weighting of items;

g. The subcontractor selection process to be used for construction services;

h. The number of persons to be included in the final list;

i. A statement indicating whether formal interviews will be held;

j. A statement indicating whether fees and prices must be included in any proposal;

k. A description of contract terms and conditions for the construction management

at-risk services contract, including a description of the scope of services to be

provided;

l. A description of the procedures to be used for making the contract award;

m. The insurance and bonding requirements and a statement requiring any person

submitting a proposal to include with the proposal a certificate of insurance,

indicating liability coverage; and

n. The identification and location of other pertinent information the governing body

may possess, including surveys, soils reports, drawings or models of existing

structures, environmental studies, photographs, or references to public records.

4. The request for qualifications submittal procedures must include the specific format

that must be used by a construction manager at-risk when submitting a request for

qualifications and the submission deadline location for submission of the request for

qualifications.

5. The selection committee shall determine the appropriate evaluation criteria for each

request for qualifications, including:

a. The person's experience on any similar project;

b. The person's existing workload and available capacity;

c. The person's key personnel experience on any similar project;

d. The person's safety record;

e. The person's familiarity with the location of the public improvement;

f. The person's fees and expenses;

g. The person's compliance with state and federal law; and

h. Any reasonable information the selection committee deems necessary.

6. The selection committee shall evaluate each submission based on the qualification

criteria under subsection 5 and shall include the numeric scoring of each criteria item

on a weighted basis, with no item being weighted at more than twenty percent and no

less than five percent. The weighting of the qualification criteria must be done in a

manner to ensure no subjective bias and encourage the maximum participation of

qualified construction managers at-risk.

7. a. The selection committee shall review each proposal submitted and include the

three highest ranked construction managers at-risk on a list of finalists. If fewer

than three proposals were submitted, the governing body may resolicit for

qualifications, interview any person that applied, or consider using another

allowed delivery method. The selection committee shall recommend to the

governing body the construction manager at-risk receiving the highest score on

the evaluation criteria.

b. If a construction manager at-risk selected for a public improvement declines the

appointment or is unable to reach agreement with the governing body concerning

fees or terms of the contract, the governing body shall terminate negotiations with

the construction manager at-risk and begin negotiations with the construction

manager at-risk with the next highest score and continue that process until

agreement is reached or the list of finalists is exhausted.

c. If the list of finalists is exhausted, the governing body shall request the selection

committee to revise the request for qualifications and solicit new submissions. If

the selection committee is unable to provide any constructive revision to the

request for qualifications, the governing body shall select another allowed public

improvement delivery method.

d. The governing body, upon reaching an agreement with a construction manager

at-risk on compensation and contract terms for construction management

planning and design services, shall enter a written contract with the construction

manager at-risk for the services.

8. The governing body shall publish a notice of request for qualifications to enter a

construction management at-risk contract under this section in a newspaper of general

circulation in the county in which the public improvement is located and in a

construction trade publication, electronic service, builders exchange, or other industry-

recognized method in general circulation among the contractors, building

manufacturers, and dealers in this state. The notice must be published for three

consecutive weeks, with the first publication being at least twenty-one days before the

date of opening of the request for qualifications. Upon written request, the governing

body shall mail a copy of the invitation to any interested party.
N.D. Cent. Code § 48-02.1-11 — ND Code / Title 48 / Chapter 48-02.1 / Section 48-02.1-11
48-02.1-11. Joint authority
Status: in_force

48-02.1-11. Joint authority

When a fee-based facility is or will be situated in the jurisdiction of more than one public

authority, or is or will be an interstate or international facility, the applicable authorities

concerned may enter into a compact to delegate to one or more of the authorities or a board

appointed by the various authorities the authority to exercise all of the powers, duties, and

functions of the other authorities regarding the fee-based facility, including the authority to

negotiate and administer the development agreement and any related lease and fee-based

concession agreement. In addition, if all public authorities having jurisdiction over a fee-based

facility concur, title to or authority over the facility may be tendered to the agreed-upon authority

of choice, which may at its option accept the title of authority to administer pursuant to the

development agreement and this section.
N.D. Cent. Code § 48-03-04 — ND Code / Title 48 / Chapter 48-03 / Section 48-03-04
48-03-04. Depreciation on public buildings or other structures - How computed
Status: in_force

48-03-04. Depreciation on public buildings or other structures - How computed

When it is deemed proper to set up charges for depreciation to ascertain a basis for

insurance or for other purposes, the annual charge for depreciation shall be such an amount

that it, with interest thereon added thereto annually at the highest rate of interest paid regularly

on twelve-month deposits in the Bank of North Dakota, will aggregate at the end of the period

estimated to be the natural life of the building or other structure, the original cost of the building

or structure. Such addition annually of the depreciation charge and interest shall be credited to a

fund to be entitled "reserve for depreciation". The depreciation credit shall be charged against

undivided profits and the interest credited to depreciation shall be charged to interest paid. Any

depreciation charges made in excess of the amount herein provided shall be restored on the

books and in the audits or reports of examination thereof to the fund against which such

depreciation was previously charged in relation to the several institutions affected. Amounts

credited, or investments in real estate and structures thereon, shall be restricted to the fund

representing such assets, to the end that such real estate shall continue to be carried on the

books at its original cost or actual value, whichever is lower as of the date of purchase or

erection.
N.D. Cent. Code § 48-05-10 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-10
48-05-10. Energy conservation measure recommendations
Status: in_force

48-05-10. Energy conservation measure recommendations

Before entering a contract under section 48-05-11, a governmental unit shall submit a

request for proposals. The time period between the request for proposals and the due date for

proposals may be no less than fifteen business days. Upon receipt of the request for proposals,

the governmental unit shall evaluate all proposals from qualified providers which include

estimates of all costs of installations, modifications, or remodeling, including costs of design,

engineering, installation, maintenance, repairs, or debt service, and estimates of the amounts by

which energy or operating costs will be reduced.
N.D. Cent. Code § 48-08-06 — ND Code / Title 48 / Chapter 48-08 / Section 48-08-06
48-08-06. Lease of public buildings - Authorized
Status: in_force

48-08-06. Lease of public buildings - Authorized

The governing body of any county, city, or township may permit the use of or may lease any

public building or any part of a public building under its charge for any legal purpose, giving

equal opportunity to all persons, and without religious or political distinctions, and may make

such reasonable rules and restrictions on the use of such building as may seem necessary, and

shall fix proper rentals and fees for such use. Such governing body, in its discretion, may require

a bond from the lessee or user of such building, conditioned upon the payment of charges made

for such lease or use and indemnifying the county, city, or township against damage or

destruction of or to such building or any part thereof.
N.D. Cent. Code § 48-10-01 — ND Code / Title 48 / Chapter 48-10 / Section 48-10-01
48-10-01. Capitol grounds planning commission
Status: in_force

48-10-01. Capitol grounds planning commission

The capitol grounds planning commission consists of the lieutenant governor as chairman

and eight other members selected biennially as provided in this section. The governor shall

appoint two citizens, one licensed architect, and one representative from the state historical

society as members, the president of the senate shall appoint two senators as members, and

the speaker of the house of representatives shall appoint two representatives as members.

Appointment to the commission is for a term of two years. Legislative and citizen members of

the planning commission are entitled to per diem payments and expenses in such amount and

in the same manner as provided by law for members of the legislative management.
N.D. Cent. Code § 48-01.2-02 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-02
48-01.2-02. Plans and specifications for a public improvement contract
Status: in_force

48-01.2-02. Plans and specifications for a public improvement contract

Except as otherwise provided in this chapter, if the estimated cost for the construction of a

public improvement is in excess of the threshold established under section 48-01.2-02.1, the

governing body shall procure plans, drawings, and specifications for the improvement from an

architect or engineer. For a public building in use by or to be used by the North Dakota

agricultural experiment station in connection with farm or agricultural research operations, the

plans, drawings, and specifications, with the approval of the state board of higher education,

may be prepared by an engineer in the regular employment of the agricultural experiment

station. For a public building in use by or to be used by the department of transportation for the

storage and housing of road materials or road machinery, equipment, and tools, the plans,

drawings, and specifications may be prepared by an engineer employed by the department of

transportation. Plans, drawings, and specifications of an architect or engineer must be stamped

and sealed by the date of the initial bid advertisement.
N.D. Cent. Code § 48-05-01 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-01
48-05-01. Flags displayed on public institutions
Status: in_force

48-05-01. Flags displayed on public institutions

The flag of the United States of America shall be displayed upon all state institutions

between the hours of nine o'clock a.m. and four o'clock p.m. of each day, weather permitting.

The officials in charge of the various state institutions shall make the necessary arrangements

for carrying out the provisions of this section.
N.D. Cent. Code § 48-02.1-10 — ND Code / Title 48 / Chapter 48-02.1 / Section 48-02.1-10
48-02.1-10. Cost recovery
Status: in_force

48-02.1-10. Cost recovery

Development agreements entered into under this chapter may authorize private operators

of fee-based facilities to impose a fee-based charge for the use of the facility and must require

that the fee revenues be applied:

1. To repayment of indebtedness incurred for the fee-based facility;

2. To lease or fee-based concessions payments, if any;

3. To costs associated with the operation, administration, and maintenance of the facility;

and

4. To reasonable reserves for future capital outlays, if any.

Residual fee revenues belong to the private operator, except for any royalties that may be

payable to a public authority under the development agreement or a related fee-based

concession agreement. After the expiration of any lease for a build, transfer, and operate facility,

or after title has reverted for a build, operate, and transfer facility, the public authority may

continue to charge a fee for the use of the facility.
N.D. Cent. Code § 48-02.1-09 — ND Code / Title 48 / Chapter 48-02.1 / Section 48-02.1-09
48-02.1-09. Development agreements - Mandatory provisions
Status: in_force

48-02.1-09. Development agreements - Mandatory provisions

A development agreement must require:

1. That the plans and specifications for the fee-based facility satisfy the public authority's

standards of construction for infrastructure of the same functional classification;

2. For fee-based facilities to be incorporated into the existing infrastructure, that any

applicable department or authority review and approve the facility to the same extent

as it would for a similar publicly constructed facility;

3. That, after public notice, the private operator manage and operate a fee-based facility

in cooperation with the applicable public authority and subject to any bylaws that the

public authority and the private operator may from time to time mutually agree upon;

4. That the fee-based facility be subject to regular safety inspections by the applicable

public authority;

5. That the anticipated fees, rental income, and revenues from the operation of the

facility, or other sources of funding, or any combination thereof, be sufficient to pay the

maintenance and operation costs for the facility, and principal of and interest on any

evidence of indebtedness to finance the facility; and

6. Any other provisions negotiated by the parties.
N.D. Cent. Code § 48-01.2-03 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-03
48-01.2-03. Specified brands, marks, names, or patented articles may not be specified
Status: in_force

48-01.2-03. Specified brands, marks, names, or patented articles may not be

specified.

A governing body, in specifying materials to be used for a public improvement or in plans or

specifications for a public improvement, may not request bids for any article of a specified or

copyrighted brand or name, the product of any one manufacturer, or any patented apparatus or

appliance when the requirement will prevent proper competition, unless the specifications also

request bids on other similar articles of equal value, utility, and merit or unless as provided in

section 44-08-01.
N.D. Cent. Code § 48-08-05 — ND Code / Title 48 / Chapter 48-08 / Section 48-08-05
48-08-05. Federal agencies charged for light, heat, and janitor service
Status: in_force

48-08-05. Federal agencies charged for light, heat, and janitor service

The director of the office of management and budget shall fix and determine a fair and

reasonable monthly charge for light, heat, and janitor service to be paid by each federal agency

located and transacting business in the capitol.
N.D. Cent. Code § 48-05-02.1 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-02.1
48-05-02.1. Purchase of coal by the state and political subdivisions
Status: in_force

48-05-02.1. Purchase of coal by the state and political subdivisions

The state and all of its institutions, all political subdivisions, and all public schools, when

purchasing coal for heating purposes, shall give preference to bidders supplying coal mined in

North Dakota if such coal, on an aggregate basis, will provide equivalent British thermal units of

heating value in comparison to coal mined elsewhere, if the total bid price of the coal mined in

North Dakota and delivered is not higher than the total bid price of coal mined elsewhere and

delivered, and if state air pollution permits to operate would not limit the use of North Dakota

coal due to emissions limits. In evaluating the comparable price of North Dakota coal versus

other coal, the state and its institutions, political subdivisions, and public schools may include

any ash handling costs that may be associated with the use of North Dakota coal. The state or

any of its institutions, any political subdivision, or any public school, when advertising for or

reviewing bids for the purchase of coal for heating purposes, may not mandate the use of any

particular type of coal or the region where the coal is to be mined.
N.D. Cent. Code § 48-05-03 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-03
48-05-03. Publishing proposals for fuel products in newspaper - Standard contract grade
Status: repealed

48-05-03. Publishing proposals for fuel products in newspaper - Standard contract

grade.

Repealed by S.L. 1981, ch. 468, § 1.
N.D. Cent. Code § 48-08-01 — ND Code / Title 48 / Chapter 48-08 / Section 48-08-01
48-08-01. Rental of hall and provision of funds by taxation
Status: in_force

48-08-01. Rental of hall and provision of funds by taxation

The city council or board of city commissioners of any city, the board of supervisors of any

township, or the school board of any school district, in this chapter designated as the governing

board, may pay the rental of any hall or auditorium, when it is used in such municipality for any

public meeting or purpose and no charge is made for admission, and annually may provide by

taxation a sum sufficient to defray any such expense for rental as may be anticipated for the

coming year. This section does not apply to any city where there exists a public hall owned by

the municipality suitable for the purpose.
N.D. Cent. Code § 48-12-02 — ND Code / Title 48 / Chapter 48-12 / Section 48-12-02
48-12-02. Prohibited labor organization terms in construction contract clauses
Status: in_force

48-12-02. Prohibited labor organization terms in construction contract clauses

A governmental unit awarding a contract for the construction, repair, remodeling, or

demolition of a facility and any construction manager acting on that governmental unit's behalf

may not include any of the following in the bid specifications, project agreements, or other

controlling documents:

1. A term that requires or prohibits a bidder, an offeror, a contractor, or a subcontractor

from entering or adhering to agreements with one or more labor organizations relating

to the construction project or a related construction project; or

2. A term that otherwise discriminates against a bidder, an offeror, a contractor, or a

subcontractor for becoming, remaining, or refusing to become or remain a signatory to

or for adhering to or refusing to adhere to an agreement with one or more labor

organizations in regard to that project or a related construction project.
N.D. Cent. Code § 48-04-03 — ND Code / Title 48 / Chapter 48-04 / Section 48-04-03
48-04-03. Incurring indebtedness for payment of public buildings and grounds
Status: in_force

48-04-03. Incurring indebtedness for payment of public buildings and grounds

Townships or cities may incur indebtedness and may provide for the payment thereof

severally, but not jointly, for the acquisition of any such public buildings and grounds in the

manner provided by chapter 21-03.
N.D. Cent. Code § 48-01.2-11 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-11
48-01.2-11. Claim for public improvement - Suit on contractor's bond
Status: in_force

48-01.2-11. Claim for public improvement - Suit on contractor's bond

A person that has furnished labor or material for any public improvement for which a bond is

furnished and has not been paid in full within ninety days after completion of the contribution of

labor or materials may sue on the bond for the amount unpaid at the time of institution of suit.

However, a person having a direct contractual relationship with a subcontractor, but no

contractual relationship with the contractor furnishing the bond, does not have a claim for relief

upon the bond unless that person has given written notice to the contractor, within ninety days

from the date on which the person completed the contribution, stating with substantial accuracy

the amount claimed and the name of the person for which the contribution was performed. The

notice must be served by registered mail in an envelope addressed to the contractor at any

place the contractor maintains an office, conducts business, or has a residence.

A governing body shall provide a certified copy of the bond and the contract for which the

bond was given to any individual who submits an affidavit that either the individual has supplied

labor or materials for the improvement and that payment has not been made or that the

individual is being sued on the bond. The individual requesting the copy shall pay the actual

cost of the preparation of the certified copy of the bond and the contract. The certified copy of

the bond is prima facie evidence of the contents, execution, and delivery of the original.
N.D. Cent. Code § 48-01.2-12 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-12
48-01.2-12. Claims - When barred as liens against contractor and surety
Status: in_force

48-01.2-12. Claims - When barred as liens against contractor and surety

Any claim for any labor, material, or supply furnished for an improvement, upon which a suit

is not commenced within one year after completion and acceptance of the project, is barred as a

lien or claim against the contractor and the contractor's surety and any right of setoff or

counterclaim may be enforced in any court in this state against the governing body, the

contractor, or the contractor's surety. This chapter does not bar the right of any person who has

furnished any labor, supply, or material to any subcontractor to enforce the claim against the

subcontractor.
N.D. Cent. Code § 48-09-01 — ND Code / Title 48 / Chapter 48-09 / Section 48-09-01
48-09-01. Granting of concessions for cafes, restaurants, and confectioneries on public buildings and grounds
Status: in_force

48-09-01. Granting of concessions for cafes, restaurants, and confectioneries on

public buildings and grounds.

Any state official, board, or commission, any county official, board, or commission, and any

municipal officer, board, or commission, having the supervision, control, and management of

any state, county, or municipal building and adjacent grounds, for the public benefit and good,

may grant a concession in the building or on the grounds for any cafe, restaurant, or

confectionery, by renting, leasing, and licensing a concession to the highest responsible bidder

at a reasonable rental per month and may reject any and all bids for the concession. However,

the board of directors of any North Dakota fair association or board of county park

commissioners may grant a concession under this chapter without letting bids.
N.D. Cent. Code § 48-05-07 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-07
48-05-07. Authority to designate areas for smoking or nonsmoking of tobacco products in publicly owned buildings
Status: repealed

48-05-07. Authority to designate areas for smoking or nonsmoking of tobacco

products in publicly owned buildings.

Repealed by S.L. 1977, ch. 224, § 4.
N.D. Cent. Code § 48-01.2-21 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-21
48-01.2-21. Selection process for construction management at-risk services - Construction services
Status: in_force

48-01.2-21. Selection process for construction management at-risk services -

Construction services.

After the governing body and the construction manager at-risk have finalized the contract

for planning and design phase services and the process has progressed sufficiently to provide

the construction manager at-risk the necessary project details, the governing body and the

construction manager at-risk shall enter negotiations for a guaranteed maximum price and

contract terms for the general construction of the public improvement. If the governing body is

unable to negotiate a satisfactory contract with the highest qualified person on the list of

finalists, the governing body shall terminate negotiations with that person. The governing body

shall commence negotiations with the next most qualified person on the list in sequence until an

agreement is reached or a determination is made to reject all persons on the list. If the

governing body reaches an agreement with a construction manager at-risk on a guaranteed

maximum price and on contract terms, the governing body and construction manager at-risk

shall enter a written contract for the general construction management at-risk construction

services.
N.D. Cent. Code § 48-02.1-13 — ND Code / Title 48 / Chapter 48-02.1 / Section 48-02.1-13
48-02.1-13. Relation to other law
Status: in_force

48-02.1-13. Relation to other law

The rights, powers, and authority conferred by this chapter are in addition to other rights,

powers, or authority private operators and public authorities may have under other law. This

chapter does not supersede or repeal, expressly or by implication, any other law permitting the

construction, improvement, rehabilitation, ownership, and operation of fee-based facilities by

private operators.
N.D. Cent. Code § 48-08-07 — ND Code / Title 48 / Chapter 48-08 / Section 48-08-07
48-08-07. Lease of public buildings - Terms
Status: in_force

48-08-07. Lease of public buildings - Terms

No lease of any public building or part of any public building under the provisions of section

48-08-06 may be for a longer term than two years, except as may be otherwise provided by city

ordinance or by resolution of the board of county commissioners. Such lease must be to a

responsible party offering the highest return to the political subdivision and the use or

occupation of the building may not interfere with the use of such building for public purposes.

The governing body may reserve the right to reject any and all bids.
N.D. Cent. Code § 48-02.1-07 — ND Code / Title 48 / Chapter 48-02.1 / Section 48-02.1-07
48-02.1-07. Application of other law
Status: in_force

48-02.1-07. Application of other law

This chapter does not excuse private operators of fee-based facilities from the necessity of

obtaining environmental, navigational, design, or safety approvals that would be required if the

facility were constructed or operated by a public body.
N.D. Cent. Code § 48-05-12 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-12
48-05-12. Competitive bidding and architect and engineering services
Status: in_force

48-05-12. Competitive bidding and architect and engineering services

Guaranteed energy savings contracts are not subject to the requirements of chapter

48-01.2, which relate to competitive bidding.
N.D. Cent. Code § 48-05-02 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-02
48-05-02. Public institutions to use native fuel products
Status: repealed

48-05-02. Public institutions to use native fuel products

Repealed by S.L. 1971, ch. 457, § 1.
N.D. Cent. Code § 48-06-03 — ND Code / Title 48 / Chapter 48-06 / Section 48-06-03
48-06-03. Departments exempt from using central mailing bureau
Status: in_force

48-06-03. Departments exempt from using central mailing bureau

The director of the office of management and budget may exempt any department where it

is determined that it would not be practical or economical for it to use the central mailing bureau,

because of the unusual weight, kind, or volume of mail dispatched by the department.
N.D. Cent. Code § 48-05-09 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-09
48-05-09. Definitions
Status: in_force

48-05-09. Definitions

In sections 48-05-09 through 48-05-13, unless the context otherwise requires:

1. "Energy conservation measure" means a training program or facility alteration

intended to reduce energy consumption or operating costs, including the following:

a. Insulation of the building or any structure associated with the building.

b. Window or door modifications that reduce energy consumption.

c. Automatic energy control systems.

d. Replacement or modification to increase the energy efficiency of the lighting,

heating, air-conditioning, or ventilating system.

e. Energy recovery or cogeneration systems.

2. "Governmental unit" means any instrumentality of state government or any political

subdivision of the state.

3. "Guaranteed energy savings contract" means a contract for energy conservation

measures which provides that energy cost savings are guaranteed to the extent

necessary to make payments for the recommended energy conservation measures.

4. "Qualified provider" means a person or business experienced in the design,

implementation, and installation of energy conservation measures.

5. "Request for proposals" means a procurement announcement through a public notice

from a governmental unit, which will administer the program, detailing the work,

service, or supplies needed for an energy conservation measure. The request for

proposals must include:

a. The name and address of the governmental unit.

b. The name, address, title, and phone number of a contact person.

c. The response due date and time deadline.

d. The scope of the project.

e. The project completion deadline.

f. The criteria for awarding a contract.

g. The right to reject the request for proposals.

h. Other stipulations and clarifications as required.
N.D. Cent. Code § 48-09-05 — ND Code / Title 48 / Chapter 48-09 / Section 48-09-05
48-09-05. Penalty
Status: in_force

48-09-05. Penalty

Any person violating any of the provisions of this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 48-01.2-18 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-18
48-01.2-18. Construction management - Governing body determinations
Status: in_force

48-01.2-18. Construction management - Governing body determinations

1. Notwithstanding any other provision of law, a governing body may use the agency

construction management or construction management at-risk delivery methods for

construction of a public improvement if:

a. The agency construction manager has no common ownership or conflict of

interest with the architect, landscape architect, or engineer involved in the

planning and design of the public improvement or with any person engaged in the

construction of the public improvement.

b. The construction manager at-risk has no common ownership or conflict of interest

with the architect, landscape architect, or engineer involved in the planning and

design of the public improvement.

2. Before utilizing the agency construction management or construction management

at-risk delivery method, a governing body shall make the following determinations:

a. That it is in the best interest of the public to utilize the agency construction

manager or construction manager at-risk public improvement delivery method.

b. That the agency construction manager or construction manager at-risk planning

and design phase services will not duplicate services normally provided by an

architect or engineer.

c. That the agency construction manager or construction manager at-risk

construction services will be in addition to and not duplicate the services provided

for in the architect and engineer contracts.

3. The governing body shall provide written documentation of the determinations

provided for under subsection 2 upon written request from any individual.
N.D. Cent. Code § 48-05-08 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-08
48-05-08. Penalty
Status: repealed

48-05-08. Penalty

Repealed by S.L. 1977, ch. 224, § 4.
N.D. Cent. Code § 48-01.2-01 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-01
48-01.2-01. Definitions
Status: in_force

48-01.2-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Agency construction management" means a public improvement delivery method

through which a person provides to a governing body experienced construction

management services, including ideas on constructability, documentation of design

and construction, and coordination of project schedules.

2. "Architect" means an individual registered as an architect under chapter 43-03.

3. "Common ownership" means a shared management or ownership interest in two or

more entities.

4. "Construction" means the process of building, altering, repairing, improving, or

demolishing any public structure or building or other improvement to any public

property. The term does not include the routine operation or maintenance of existing

facilities, structures, buildings, or real property or demolition projects costing less than

the threshold established under section 48-01.2-02.1.

5. "Construction administration" means administrative services provided by a governing

body or an architect, a landscape architect, or an engineer, and includes providing

clarifications, submittal review, recommendations for payment, preparation of change

orders, and other administrative services included in the agreement with the architect,

landscape architect, or engineer. The term does not include supervision of the

construction activities for the construction contracts.

6. "Construction management at-risk" means a public improvement delivery method

through which a construction manager provides advice to the governing body during

the planning and design phase of a public improvement, negotiates a contract with the

governing body for the general construction bid package of the public improvement,

and contracts with subcontractors and suppliers for the actual construction of the

public improvement.

7. "Construction manager" means a contractor licensed under chapter 43-07 or an

individual employed by a licensed contractor which has the expertise and resources to

assist a governing body with the management of the design, contracting, and

construction aspects of a public improvement.

8. "Construction observation" means observation of construction work and site visits by

an architect, a landscape architect, or an engineer to assist the governing body in

determining that the work conforms in general to the requirements of the construction

contract and that the contractor has implemented and maintained the integrity of the

design concept of a project as a functioning whole as indicated in the construction

contract.

9. "Contract" means a type of agency agreement for the procurement of services under

this chapter.

10. "Contractor" means any person, duly licensed, that undertakes or enters a contract

with a governing body for the construction or construction management of any public

improvement, including multiple prime contracts.

11. "Design services" means architect services, engineer services, landscape architect

services, or surveyor services.

12. "Design-bid-build" means a project delivery method in which design and construction

of the project are in sequential phases, and in which the first project phase involves

design services, the second project phase involves securing a contractor through a

bidding process, and the third project phase provides for construction of the project by

a contractor awarded the project.

13. "Emergency situation" means a sudden generally unexpected occurrence that requires

immediate action to protect public health, safety, or property and which ends when the

immediate threat to public health, safety, or property ceases and services are restored.

The term does not include a lack of planning on the part of the governing body,

architect, engineer, landscape architect, or contractor.

14. "Engineer" means an individual registered as an engineer under chapter 43-19.1.

15. "General conditions" means the written portion of a contract setting forth the governing

body's minimum acceptable performance requirements, including the rights,

responsibilities, and relationships of the parties involved in the performance of the

contract.

16. "Governing body" means the governing officer or board of a state entity or a political

subdivision.

17. "Guaranteed maximum price" means the maximum amount a construction manager

at-risk may be paid under a contract to construct a public improvement.

18. "Landscape architect services" means landscape architecture services governed

under chapter 43-03.

19. "Lowest responsible bidder" means the lowest best bidder for the project considering

past experience, financial condition, past work with the governing body, and other

pertinent attributes that may be identified in the advertisement for bids.

20. "Political subdivision" means a county, township, park district, school district, city, and

any other unit of local government which is created either by statute or by the

Constitution of North Dakota for local government or other public purposes.

21. "Public improvement" means any improvement undertaken by a governing body for

the good of the public and which is paid for with any public funds, including public

loans, bonds, leases, or alternative funding, and is constructed on public land or within

an existing or new public building or any other public infrastructure or facility if the

result of the improvement will be operated and maintained by the governing body. The

term does not include a county road construction and maintenance, state highway, or

public service commission project governed by title 11, 24, or 38.

22. "Subcontractor" means a person that contracts to perform work or render a service to

a contractor or to another subcontractor as part of a contract with a governing body.
N.D. Cent. Code § 48-05-01.1 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-01.1
48-05-01.1. Display of prisoner of war and missing in action flag - State capitol grounds
Status: in_force

48-05-01.1. Display of prisoner of war and missing in action flag - State capitol

grounds.

The prisoner of war and missing in action flag:

1. Must be flown daily on the state capitol grounds at the following flagpole locations:

a. Immediately south of the state capitol building;

b. In front of the all veterans memorial; and

c. On the east side of the heritage center.

2. May be flown either below the flag of the United States on the same flagpole or alone

on a separate flagpole.

3. Must be displayed using proper flag etiquette.
N.D. Cent. Code § 48-03-03 — ND Code / Title 48 / Chapter 48-03 / Section 48-03-03
48-03-03. Discrimination as to interest on public buildings prohibited
Status: in_force

48-03-03. Discrimination as to interest on public buildings prohibited

There shall be no discrimination in respect to interest on investments made or to be made in

any of the following public buildings owned, managed, and controlled wholly by the state of

North Dakota:

1. The capitol building.

2. The university or other educational buildings.

3. The state mill and elevator, Bank of North Dakota, or other industrial buildings.

4. The state hospital or other charitable institutions.

5. The memorial building, bridges, or highways, or any other public building or structure.
N.D. Cent. Code § 48-10-02 — ND Code / Title 48 / Chapter 48-10 / Section 48-10-02
48-10-02. Capitol building fund to be administered by the capitol grounds planning commission - Continuing appropriation - Procedure for expenditure of certain funds
Status: reserved

48-10-02. Capitol building fund to be administered by the capitol grounds planning

commission - Continuing appropriation - Procedure for expenditure of certain funds.

The capitol grounds planning commission shall have general powers to superintend the

administration of the capitol building fund, its interest and income fund, and its investments and

properties. It may cause any lands now held in such funds to be sold at market value, direct the

conversion of any securities now held by such funds to cash, approve expenditures from such

funds subject to law and legislative appropriations, and to do all other things necessary to carry

out the intent and purposes of this section. The board of university and school lands or its

designee, on the commission's behalf, shall see to the investment and management of the

capitol building fund and its interest and income fund and shall account to the commission

concerning these funds at the commission's request.

Provided further, all moneys and other property in the capitol building fund, except as

otherwise appropriated, are hereby dedicated and reserved to the exclusive purpose of the

construction of an addition to the legislative wing of the state capitol building, and the capitol

grounds planning commission shall take necessary steps to accumulate and conserve the

money and property in the capitol building fund for such purpose.

The commission may, during any biennium, expend from the interest and income fund of the

capitol building fund a sum not to exceed fifty percent of the unencumbered balance on the first

day of any biennium, and such amount is hereby appropriated to the capitol grounds planning

commission. The expenditure may be made, after consideration of the capitol grounds master

plan, for projects or planning but may not exceed two hundred fifty thousand dollars per

biennium. The expenditure may only be made upon approval by two-thirds of the total

membership of the commission. The expenditure must be made upon a voucher, or vouchers,

prepared by the office of management and budget at the direction of the commission.
N.D. Cent. Code § 48-08-03 — ND Code / Title 48 / Chapter 48-08 / Section 48-08-03
48-08-03. Media room in state capitol
Status: in_force

48-08-03. Media room in state capitol

The director of the office of management and budget shall set aside a room in the state

capitol for the exclusive use of the media and shall place the North Dakota newspaper

association and North Dakota broadcasters association jointly in charge of the room.
N.D. Cent. Code § 48-01.2-02.1 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-02.1
48-01.2-02.1. Public improvement construction threshold
Status: in_force

48-01.2-02.1. Public improvement construction threshold

1. The threshold for bidding construction of a public improvement is two hundred fifty

thousand dollars. The threshold for procuring plans, drawings, and specifications from

an architect or engineer for construction of a public improvement is two hundred fifty

thousand dollars.

2. Notwithstanding the thresholds in subsection 1, if the state or a political subdivision

undertakes the construction of a public improvement and there is reason to believe

that engineering or architectural services are necessary to protect the health, safety, or

welfare of the public, the state or political subdivision shall consider consulting with an

engineer or architect.
N.D. Cent. Code § 48-01.2-22 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-22
48-01.2-22. Subcontractor bids
Status: in_force

48-01.2-22. Subcontractor bids

1. An agency construction manager selected for a public improvement shall publicly

advertise and publicly open bids from subcontractors for the work items necessary to

complete the general construction portions of the improvement. The governing body

may influence the selection of the subcontractors, but only insofar as the governing

body's past experience with a subcontractor or a current legal dispute with a

subcontractor.

2. A construction manager at-risk selected for a public improvement shall publicly

advertise and publicly open bids from subcontractors for the work items the

construction manager at-risk chooses not to perform. The construction manager at-risk

then shall evaluate the bids and determine which is the most responsible. The

governing body may influence the selection of the subcontractors, but only insofar as

the governing body's past experience with a subcontractor or a current legal dispute

with a subcontractor.
N.D. Cent. Code § 48-03-02 — ND Code / Title 48 / Chapter 48-03 / Section 48-03-02
48-03-02. Auditors prohibited from setting up interest charges in audit where no interest charged on public buildings
Status: in_force

48-03-02. Auditors prohibited from setting up interest charges in audit where no

interest charged on public buildings.

Auditing boards, auditors, and examiners in their respective audits and examinations shall

refrain from setting up an interest charge on the amounts invested in any public building or

structure. The books of the respective institutions or boards shall be adjusted accordingly.
N.D. Cent. Code § 48-08-02 — ND Code / Title 48 / Chapter 48-08 / Section 48-08-02
48-08-02. May pay rental out of other funds until tax available
Status: in_force

48-08-02. May pay rental out of other funds until tax available

Until such funds as are provided by section 48-08-01 shall become available, any such

governing board shall pay out of funds on hand not otherwise appropriated or required such

sums as may be deemed a fair rental for any hall or auditorium when used for a public meeting.
N.D. Cent. Code § 48-02.1-03 — ND Code / Title 48 / Chapter 48-02.1 / Section 48-02.1-03
48-02.1-03. Public authority may enter into development agreement
Status: in_force

48-02.1-03. Public authority may enter into development agreement

A public authority may solicit or accept proposals from private operators for the constructing,

improving, rehabilitating, operating, managing, and owning of a fee-based facility that will be

situated in an area subject to the public authority's jurisdiction. After a hearing, the public

authority may accept a proposal that it determines to be in the public interest. A public authority

may negotiate and enter into a development agreement with any private operator.
N.D. Cent. Code § 48-01.2-16 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-16
48-01.2-16. Architects, landscape architects, and engineers - Duties
Status: in_force

48-01.2-16. Architects, landscape architects, and engineers - Duties

The governing body shall employ the architect, landscape architect, or engineer furnishing

the plans as provided in this chapter or some other qualified person to provide construction

administration and construction observation services for which the plans and specifications are

prepared as provided by section 48-01.2-02. The architect, landscape architect, or engineer

shall assist the governing body in determining that the contractor performs the work in

accordance with the intent of the plans and specifications. As part of a site visit or construction

observation, the architect, landscape architect, or engineer may not supervise, direct, or have

control over the contractor's work. The architect, landscape architect, or engineer may not

exercise control over or responsibility for the means, methods, techniques, sequences, or

procedures of construction selected or used by the contractor, the quality control of the work,

the security or safety on the site, any safety precaution or program incident to the contractor's

work, the failure of the contractor to comply with any law or rule applicable to the contractor's

furnishing of or performance of the work, or the failure of the contractor to furnish or perform the

work in accordance with the construction contract. The architect, landscape architect, or

engineer is entitled to receive a reasonable compensation to be fixed by the governing body.

Any duty imposed or power conferred upon the governing body by this chapter applies to a

successor to the governing body.
N.D. Cent. Code § 48-02.1-05 — ND Code / Title 48 / Chapter 48-02.1 / Section 48-02.1-05
48-02.1-05. Right-of-way acquisition
Status: in_force

48-02.1-05. Right-of-way acquisition

Private operators may acquire right of way and property by donation, lease, or purchase.

When necessary for the construction, alteration, addition, extension, or improvement of any

project under this chapter, a public authority may acquire, subject to chapter 32-15, any real or

personal property by the law of eminent domain of this state and may lease the property or right

of way to a private operator.
N.D. Cent. Code § 48-05-04 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-04
48-05-04. Penalty for failure to use native fuel in public buildings
Status: repealed

48-05-04. Penalty for failure to use native fuel in public buildings

Repealed by S.L. 1971, ch. 457, § 1.
N.D. Cent. Code § 48-06-02 — ND Code / Title 48 / Chapter 48-06 / Section 48-06-02
48-06-02. Capitol building departments - Compliance with regulations of mailing department
Status: in_force

48-06-02. Capitol building departments - Compliance with regulations of mailing

department.

All state officers, departments, or agencies housed in the state capitol shall deliver all official

mail originating in the capitol, unstamped, to the central mailing bureau in compliance with the

regulations prescribed for the delivery of outgoing mail. This section shall not apply to those

officers, departments, or agencies which are prohibited by state or federal law from disclosing

mailing lists which by law are made confidential.
N.D. Cent. Code § 48-05-06 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-06
48-05-06. Alcoholic beverages and drugs in charitable institutions prohibited - Penalty
Status: in_force

48-05-06. Alcoholic beverages and drugs in charitable institutions prohibited -

Penalty.

Every person who shall take, send, or introduce any alcoholic beverage or controlled

substance into any of the buildings or upon any of the premises of any charitable institution of

this state, or of any county, or city thereof, except upon the express authority of the physician or

chief executive officer of such institution, given in writing, is guilty of a class A misdemeanor. As

used in this section, "controlled substance" has the meaning provided in section 19-03.1-01,

and includes counterfeit substances as defined in section 19-03.1-01.
N.D. Cent. Code § 48-01.2-08 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-08
48-01.2-08. Officers must not be interested in contract
Status: in_force

48-01.2-08. Officers must not be interested in contract

A governing body, or any member, employee, or appointee of a governing body, may not be

pecuniarily interested or concerned in a contract for a public improvement entered by the

governing body.
N.D. Cent. Code § 48-04-01 — ND Code / Title 48 / Chapter 48-04 / Section 48-04-01
48-04-01. Joint ownership and use of public buildings and grounds - Townships - Cities - Special elections
Status: in_force

48-04-01. Joint ownership and use of public buildings and grounds - Townships -

Cities - Special elections.

Any civil township and incorporated city located within the boundaries thereof, when

authorized by three-fourths of the legal voters of each municipality present and voting at

separate elections, may acquire and use jointly any public buildings and grounds within the

corporate limits of either one. The question of such joint acquisition and use may be submitted

at regular or legally called special elections of both municipalities held not more than three

months apart and when once submitted may not again be submitted within one year.
N.D. Cent. Code § 48-12-05 — ND Code / Title 48 / Chapter 48-12 / Section 48-12-05
48-12-05. Limitations
Status: in_force

48-12-05. Limitations

This chapter may not be construed to:

1. Prohibit an employer or other party from entering an agreement or engaging in any

other activity protected by the National Labor Relations Act [29 U.S.C. 151 et seq.]; or

2. Interfere with labor relations of a party which are left unregulated under the National

Labor Relations Act [29 U.S.C. 151 et seq.].
N.D. Cent. Code § 48-06-05 — ND Code / Title 48 / Chapter 48-06 / Section 48-06-05
48-06-05. Official stamp on all mail
Status: in_force

48-06-05. Official stamp on all mail

All mail dispatched through the mailing bureau shall have stamped or printed thereon by the

meter machine the following words "Official Mail State of North Dakota".
N.D. Cent. Code § 48-12-04 — ND Code / Title 48 / Chapter 48-12 / Section 48-12-04
48-12-04. Exemptions
Status: in_force

48-12-04. Exemptions

The head of a governmental unit may exempt a particular project, contract, subcontract,

grant, tax abatement, or tax credit from the requirements of any or all of the provisions in this

chapter if after public notice and hearing the governmental unit finds special circumstances

require an exemption to avert an imminent threat to public health or safety. A finding of special

circumstances under this section may not be based on the possibility or presence of a labor

dispute concerning:

1. The use of contractors or subcontractors that are nonsignatories to or otherwise do not

adhere to agreements with one or more labor organizations; or

2. Employees on the project who are not members of or affiliated with a labor

organization.
N.D. Cent. Code § 48-09-04 — ND Code / Title 48 / Chapter 48-09 / Section 48-09-04
48-09-04. Rules and regulations - Cancellation of contract
Status: in_force

48-09-04. Rules and regulations - Cancellation of contract

The renting, leasing, or licensing of any public property under this chapter at all times shall

be subject to the rules and regulations made and prescribed by the official, department, board,

or commission having the control and management of the same. The renting and leasing term

of any contract entered into in relation thereto may be canceled upon thirty days' written notice

to the holder of the concession. Any contract granting a concession at any time after a breach of

the terms thereof, or after a violation of any of the provisions of this chapter, shall be canceled

upon thirty days' written notice to that effect.
N.D. Cent. Code § 48-01.2-05 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-05
48-01.2-05. Contents of advertisement
Status: in_force

48-01.2-05. Contents of advertisement

The advertisement for bids required by section 48-01.2-04 must state:

1. The nature of the work and the type and location of the proposed public improvement.

2. When and where the plans, drawings, and specifications may be seen and examined.

3. The place, date, and time the bids will be opened.

4. That each bid must be accompanied by a separate envelope containing the

contractor's license and bid security. The bid security must be in a sum equal to five

percent of the full amount of the bid and must be in the form of a bidder's bond. A

bidder's bond must be executed by the bidder as principal and by a surety, conditioned

that if the principal's bid is accepted and the contract awarded to the principal, the

principal, within ten days after notice of the award, shall execute a contract in

accordance with the terms of the bid and the bid bond and any condition of the

governing body. A countersignature of a bid bond is not required under this section. If a

successful bidder does not execute a contract within the ten days allowed, the bidder's

bond must be forfeited to the governing body and the project awarded to the next

lowest responsible bidder.

5. That a bidder must be licensed for the full amount of the bid as required by section

43-07-12.

6. That no bid may be read or considered if the bid does not fully comply with the

requirements of this section and that any deficient bid submitted must be resealed and

returned to the bidder immediately.

7. That the governing body reserves the right to reject any and all bids and rebid the

project until a satisfactory bid is received.
N.D. Cent. Code § 48-01.2-15 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-15
48-01.2-15. Appropriations may not be diverted
Status: in_force

48-01.2-15. Appropriations may not be diverted

No portion of any special appropriation for the erection of any public improvement, or for the

doing of any work, may be drawn from the state treasury in advance of the work being

completed or of the materials furnished. The funds may be drawn only upon proper estimates

approved by the governing body of the institution for which the improvement is being

constructed. No portion of any appropriation for any purpose may be drawn from the treasury

before the appropriation is required for the purpose for which it is made, and no appropriation

that is or may be made for any purpose with respect to the construction or improvement may be

drawn or used for any other purpose until the construction or improvement for which the

appropriation was made is fully completed and paid for.
N.D. Cent. Code § 48-10-03 — ND Code / Title 48 / Chapter 48-10 / Section 48-10-03
48-10-03. Powers and duties of the commission - Authority to accept gifts - Continuing appropriation
Status: in_force

48-10-03. Powers and duties of the commission - Authority to accept gifts -

Continuing appropriation.

The capitol grounds planning commission shall confer with the state council on the arts with

respect to the artistic value of monuments, memorials, or works of art to be constructed on the

capitol grounds and with qualified consultants retained by it to select sites for buildings, facilities,

monuments, memorials, or works of art to be constructed on the capitol grounds. The

commission shall develop and modify long-term plans for the development of the capitol

grounds. The commission shall approve or disapprove the basic style, exterior construction, and

physical and aesthetic features of the public interior areas of any building, facility, monument,

memorial, or work of art constructed on the capitol grounds. Except as otherwise provided by

this section, the commission has exclusive authority to accept or reject gifts of any type or class

of property for exterior placement on the capitol grounds or for the improvement of the exterior

construction of any building or facility on the capitol grounds, including landscaping and

improvements to the capitol grounds. Any gifts of money accepted pursuant to this section must

be deposited in the capitol building fund and are appropriated on a continuing basis to the

commission for purposes consistent with this section. No construction or placement of an item

on the capitol grounds may be undertaken without the approval of the commission, unless the

construction or placement is authorized by the legislative assembly. If the legislative assembly

by law or resolution authorizes the construction or placement of an item on the capitol grounds,

the commission shall approve the site, basic style, and exterior construction of the item within a

reasonable period of time.

The commission shall advise the director of the office of management and budget and the

legislative council on matters relating to the physical and aesthetic features of the nonpublic

interior areas of all buildings on the capitol grounds. The commission must be called in and shall

meet whenever major interior changes, including new construction, remodeling, or renovation of

any kind, are proposed or considered for the buildings or facilities on the capitol grounds. The

commission must be consulted before the purchase or installation of furniture or fixtures in

public areas of the capitol and other buildings on the capitol grounds. The commission may

receive reports on new facility construction and remodeling projects exceeding five million

dollars, including owned and leased facilities from which the state operates. The commission

may not receive new facility construction and remodeling reports on facilities operated by

entities under the control of the state board of higher education or the national guard. The

commission shall perform any other duties as may be prescribed by law.
N.D. Cent. Code § 48-06-06 — ND Code / Title 48 / Chapter 48-06 / Section 48-06-06
48-06-06. Office of management and budget postage revolving fund
Status: in_force

48-06-06. Office of management and budget postage revolving fund

There shall be maintained in the office of the state treasurer an "office of management and

budget postage revolving fund" for the advance payment of postage. The director of the office of

management and budget may draw upon the fund for the advance payment of postage for the

use of the central mailing bureau, and all collections from the several offices, departments, and

agencies, for postage used by them, are hereby appropriated and shall be paid into the fund.

The provisions of section 54-27-10 shall not apply to the fund nor shall any part of the fund

revert at the expiration of any biennium.
N.D. Cent. Code § 48-04-02 — ND Code / Title 48 / Chapter 48-04 / Section 48-04-02
48-04-02. Joint custody and control of public buildings and grounds
Status: in_force

48-04-02. Joint custody and control of public buildings and grounds

Such public buildings and grounds as are provided for in section 48-04-01 shall be in the

joint custody and control of the governing boards of such city and township, which shall make

and enforce lawful and reasonable regulations for the care, protection, and use thereof.
N.D. Cent. Code § 48-09-02 — ND Code / Title 48 / Chapter 48-09 / Section 48-09-02
48-09-02. Concession advertised in legal newspaper
Status: in_force

48-09-02. Concession advertised in legal newspaper

Except as otherwise provided in section 48-09-01, if a concession under section 48-09-01

has estimated gross sales worth more than twenty-five thousand dollars annually, an

advertisement for bids for the concession must occur once in each week for three consecutive

weeks in the official newspaper of the entity requesting bids and the concession must be

awarded to the highest responsible bidder.
N.D. Cent. Code § 48-01.2-24 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-24
48-01.2-24. Public buildings and facilities - Statement of compliance with accessibility guidelines
Status: in_force

48-01.2-24. Public buildings and facilities - Statement of compliance with accessibility

guidelines.

Each governing body shall require a statement from any person preparing the plans and

specifications for a public building or facility that, in the professional judgment of that person, the

plans and specifications are in conformance with the Americans with Disabilities Act accessibility

guidelines for buildings and facilities as contained in the appendix to title 28, Code of Federal

Regulations, part 36 [28 CFR 36], subject to the exception stated in section 54-21.3-04.1.
N.D. Cent. Code § 48-06-01 — ND Code / Title 48 / Chapter 48-06 / Section 48-06-01
48-06-01. Establishment - Rules and regulations
Status: in_force

48-06-01. Establishment - Rules and regulations

The director of the office of management and budget shall maintain and operate a central

mailing bureau in the state capitol. The director shall prescribe such reasonable rules and

regulations as may be necessary for the prompt and efficient dispatch of all mail.
N.D. Cent. Code § 48-08-02.1 — ND Code / Title 48 / Chapter 48-08 / Section 48-08-02.1
48-08-02.1. Designation of memorial hall
Status: in_force

48-08-02.1. Designation of memorial hall

The area on the first floor of the state capitol from the legislative assembly hall on the west,

past the double stairway, to the brass columns on the east, is designated as memorial hall.
N.D. Cent. Code § 48-01.2-25 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-25
48-01.2-25. Authorization of expansion of public improvements by legislative assembly or budget section
Status: in_force

48-01.2-25. Authorization of expansion of public improvements by legislative

assembly or budget section.

Notwithstanding any other provision of law, a state agency or institution may not significantly

change or expand a public improvement beyond what has been approved by the legislative

assembly unless the legislative assembly approves the change or expansion of the project or

any additional expenditure for the project. During the time the legislative assembly is not in

session, and unless otherwise restricted by previous legislative action or other law, the budget

section may approve a change or expansion or any additional expenditure for the project.

However, the budget section may not approve a change, expansion, or additional expenditure

for the project during the three months preceding the convening of a regular session or during

the three months following the close of a regular session except for changes in project scope

and related additional expenditures resulting from an unforeseen emergency event. Any request

considered by the budget section must comply with section 54-35-02.9. For the purposes of this

section, a significant change or expansion includes the construction of an addition to a building,

including skywalks or other type of enclosed walkway, or any other substantial increase in the

area of the building, but does not include the construction of building entrances and stairwells.
N.D. Cent. Code § 48-01.2-13 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-13
48-01.2-13. Payments
Status: in_force

48-01.2-13. Payments

At least once in each calendar month during the continuance of work upon any public

improvement, the governing body shall receive and consider any partial payment estimate

prepared by the architect or engineer. Upon review and approval, the governing body shall pay

an estimate in an amount equal to the estimated value of the labor and material furnished plus

the material adequately stored. A partial payment estimate must include retentions or retainage

as follows: ten percent of each estimate until the project is fifty percent completed with no

further retainage on estimates during the continuance of the contract unless unsatisfactory

progress or performance is documented. The governing body may, upon completion of

ninety-five percent of the contract, pay to the contractor up to ninety-five percent of the amount

retained from previous estimates. The remaining amount retained must be paid to the contractor

in the amounts and at the times approved by the architect or engineer. The governing body shall

make final payment of all moneys due to the contractor following completion of all work,

acceptance of the project by the governing body, and the provision of necessary releases. If an

architect or engineer is not employed by the governing body for administration of the contract,

the contractor, at the end of each calendar month during the continuance of work, may furnish a

payment estimate to the governing body. After considering and approving an estimate, the

governing body shall draw a warrant upon the proper fund and promptly transmit the warrant to

the contractor. The governing body may invest or deposit any retained amount in a financial

association or institution so that the contractor's money retained is earning interest or dividends

for the benefit of the contractor. Any amount invested or deposited must remain in the name of

the governing body until final payment of all money due to the contractor is to be made.
N.D. Cent. Code § 48-05-11 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-11
48-05-11. Guaranteed energy savings contracts
Status: in_force

48-05-11. Guaranteed energy savings contracts

The governmental unit shall provide public notice of the meeting at which it proposes to

award a guaranteed energy savings contract, the names of the parties to the proposed contract,

and the purpose of the contract. After reviewing the report under section 48-05-10, a

governmental unit may enter a guaranteed energy savings contract with a qualified provider if

the governmental unit finds that the amount the governmental unit would spend on the energy

conservation measures recommended in the report is not likely to exceed the amount to be

saved in energy and operation costs over a period not exceeding fifteen years from the date of

installation if the recommendations in the report are followed. The contract must include a

written guarantee of the qualified provider that the energy and operating cost-savings will meet

or exceed the costs of the project, including costs of the system, a list of subcontractor pricing,

the financing costs for the project, and any provider fees. The written guarantee must be for a

period equal to the financing period, which may provide payments over a period not exceeding

fifteen years. If the governmental unit can document that savings meet or exceed the payment

for a period of not less than three years, the governmental unit may request a waiver of the

guaranteed portion of the contract for the remainder of the financing term. A guarantee waiver

request must be approved by a committee administered by the division of community services.

If the contract involves facility alteration or real property improvement, a qualified provider to

whom the contract is awarded shall give a sufficient bond to the governmental unit for the

faithful performance of the contract.
N.D. Cent. Code § 48-02.1-04 — ND Code / Title 48 / Chapter 48-02.1 / Section 48-02.1-04
48-02.1-04. Contents of development agreements
Status: in_force

48-02.1-04. Contents of development agreements

A development agreement for a fee-based facility entered into pursuant to this chapter may

provide for private ownership of the facility without reversion of title; for operating the facility

under lease or management contract; for build, operate, and transfer facilities or build, transfer,

and operate facilities; or any other form of ownership or operation considered advisable by the

public authority. A development agreement may permit the private operator to:

1. Assemble funds from any available source, including federal, state, and local grants,

bond revenues, contributions, and pledges; and

2. Incorporate related improvements into the fee-based facility, subject to requirements of

state and federal law.

A development agreement may also include grants of title, easements, rights of way, and

leasehold estates that are necessary to the fee-based facility. In addition, a development

agreement may authorize the private operator to charge variable-rate fees based on time of day,

characteristics of services, or other factors and measurement methods considered significant by

the public authority for the particular facility.
N.D. Cent. Code § 48-01.2-04 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-04
48-01.2-04. Publication of advertisement for bids - Emergency exception
Status: in_force

48-01.2-04. Publication of advertisement for bids - Emergency exception

1. Except as otherwise provided in this chapter, if the estimated cost for the construction

of a public improvement is in excess of the threshold established under section

48-01.2-02.1, the governing body shall advertise for bids by publishing for three

consecutive weeks. The first publication of the advertisement must be at least

twenty-one days before the date of the opening of bids. The advertisement must be

published in the official newspaper of the political subdivision in which the public

improvement is or will be located, in a daily newspaper having a general circulation in

the area where the project is located, and in a trade publication, electronic plan

service, builders exchange, or other industry-recognized method of general circulation

among the contractors, building manufacturers, and dealers in this state, except the

advertisement for a public improvement financed by special assessments need be

published only once each week for two weeks in the official newspaper with the first

publication being at least fourteen days before the bid opening.

2. If a governing body declares an emergency situation, the governing body may contract

for the construction of a public improvement without seeking bids.
N.D. Cent. Code § 48-02.1-08 — ND Code / Title 48 / Chapter 48-02.1 / Section 48-02.1-08
48-02.1-08. Public authority may facilitate projects
Status: in_force

48-02.1-08. Public authority may facilitate projects

1. A public authority may exercise any power possessed by it with respect to the

development and construction of infrastructure projects to facilitate the development

and construction of infrastructure projects under this chapter.

2. A public authority may provide services for which it is reimbursed with respect to

preliminary planning, planning, environmental certification, and preliminary design of

infrastructure projects.
N.D. Cent. Code § 48-01.2-17 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-17
48-01.2-17. Coordination of work under multiple prime bids
Status: in_force

48-01.2-17. Coordination of work under multiple prime bids

If a public improvement is awarded as multiple prime contracts for the general, electrical,

mechanical work, and other prime contracts as contained in the bid for the project, the

governing body may assign the coordination of the electrical and mechanical contracts and any

other contracts to the general contractor for the project to facilitate the coordination of the work.
N.D. Cent. Code § 48-01.2-07 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-07
48-01.2-07. Opening of bids - Award of contract
Status: in_force

48-01.2-07. Opening of bids - Award of contract

At the time and place specified in the notice, a governing body or its designated agent shall

open publicly and read aloud each responsible bid received. The governing body shall award

the contract to the lowest responsible bidder. A governing body may reject any and all bids and

readvertise for bids if no bid is satisfactory or if the governing body determines any agreement

has been entered by the bidders or others to prevent competition. The governing body may

advertise for new bids in accordance with this chapter until a satisfactory bid is received.
N.D. Cent. Code § 48-01.2-23 — ND Code / Title 48 / Chapter 48-01.2 / Section 48-01.2-23
48-01.2-23. Bond required
Status: in_force

48-01.2-23. Bond required

1. An agency construction manager, before starting any work, shall provide the governing

body with a bond that is equal to the cost of the agency construction manager's

services with the governing body. Under an agency construction manager delivery

method, each contractor performing services on the public improvement shall provide

the governing body with a separate bond for the contractor's portion of the public

improvement.

2. A construction manager at-risk, before starting any construction, shall provide the

governing body with a bond in an amount at least equal to the amount of the

guaranteed maximum price. The bond must be conditioned to be void if the contractor

and all subcontractors fully perform all terms, conditions, and provisions of the

construction services contract and pay all bills or claims on account of labor and

materials, including supplies used for machinery and equipment, performed, furnished,

and used in the performance of the contract, including all demands of subcontractors.

The requirement that bills and claims be paid must include the requirement that

interest of the amount authorized under section 13-01.1-02 be paid on bills and claims

not paid within ninety days. The bond is security for all bills, claims, and demands until

fully paid, with preference to labor and material suppliers as to payment. The bond

must run to the governing body, but any person having a lawful claim against the

contractor may sue on the bond. Under a construction manager at-risk delivery

method, the governing body may not require each contractor performing services on

the public improvement to provide a separate bond for the contractor's portion of the

public improvement.
N.D. Cent. Code § 48-06-04 — ND Code / Title 48 / Chapter 48-06 / Section 48-06-04
48-06-04. Purchasing supplies - Employing mail clerks - Office of management and budget
Status: in_force

48-06-04. Purchasing supplies - Employing mail clerks - Office of management and

budget.

The director of the office of management and budget shall provide a suitable room and shall

employ the necessary mailing bureau staff. The director also shall purchase postage meter

machines and such other equipment, materials, and supplies as are necessary for the purpose

of carrying out the provisions of this chapter.
N.D. Cent. Code § 48-02.1-02 — ND Code / Title 48 / Chapter 48-02.1 / Section 48-02.1-02
48-02.1-02. Private operators
Status: in_force

48-02.1-02. Private operators

Notwithstanding any other provision of law, private operators may construct, improve,

rehabilitate, own, lease, manage, and operate fee-based facilities subject to the terms of this

chapter. Private operators may mortgage, grant security interests in, and pledge their interests

in, for a period not to exceed the length of the development agreement:

1. Fee-based facilities and their components;

2. Development, leases and concessions, and other related agreements; and

3. Income, profits, and proceeds of the fee-based facility.
N.D. Cent. Code § 48-02.1-06 — ND Code / Title 48 / Chapter 48-02.1 / Section 48-02.1-06
48-02.1-06. Lease term
Status: in_force

48-02.1-06. Lease term

A lease for public facilities must be for terms of no more than fifty years and must be

reviewed and may be revised every five years.
N.D. Cent. Code § 48-05-13 — ND Code / Title 48 / Chapter 48-05 / Section 48-05-13
48-05-13. Appropriations for contract payments
Status: in_force

48-05-13. Appropriations for contract payments

The governmental unit shall include in its annual appropriations measure for each later

biennium or fiscal year any amounts payable under guaranteed energy savings contracts during

the biennium or fiscal year.
N.D. Cent. Code § 48-06-07 — ND Code / Title 48 / Chapter 48-06 / Section 48-06-07
48-06-07. Voucher for postage used - Presented to departments by mailing clerk
Status: in_force

48-06-07. Voucher for postage used - Presented to departments by mailing clerk

The mailing clerk or such other person as may be designated by the director of the office of

management and budget under the direction of the director shall keep an accurate and

complete record of all postage used by each officer, department, or agency, for mail dispatched

through the central mailing bureau and shall present at least monthly to each such officer,

department, or agency, a bill or voucher in the form prescribed by law, for the amount of postage

used. After approval by the office of the budget, the amount shall be credited to the postal

revolving fund of the office of management and budget out of the postage appropriation of the

officer, department, or agency.
N.D. Cent. Code § 48-02.1-12 — ND Code / Title 48 / Chapter 48-02.1 / Section 48-02.1-12
48-02.1-12. Property tax exemptions - Exemptions from bidding requirements
Status: in_force

48-02.1-12. Property tax exemptions - Exemptions from bidding requirements

1. If approved by the governing body of the city, for property within city limits, or by the

governing body of the county, for property outside city limits, new fee-based facilities

are exempt from all ad valorem taxes.

2. For portions of the project that do not involve contractor ownership, the construction,

improvement, rehabilitation, operation, and management of fee-based facilities by

private operators under this chapter are subject to all competitive bidding and

procurement requirements otherwise applicable under state and local laws, rules, and

ordinances, if so determined by resolution of the governing body of the public authority.
N.D. Cent. Code § 48-02.1-01 — ND Code / Title 48 / Chapter 48-02.1 / Section 48-02.1-01
48-02.1-01. Definitions
Status: in_force

48-02.1-01. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Build, operate, and transfer facility" means a build, operate, and transfer fee-based

facility constructed, improved, or rehabilitated and afterward operated by a private

operator who holds title to the facility subject to a development agreement that

includes a provision that title will be transferred or revert to the public authority on

expiration of an agreed term.

2. "Build, transfer, and operate facility" means a build, transfer, and operate fee-based

facility constructed, improved, or rehabilitated by a private operator who:

a. Transfers the interest it may have in the facility to the public authority before

operation begins; and

b. Operates the fee-based facility for an agreed term pursuant to a lease,

management, or concession agreement.

3. "Development agreement" means a written agreement by and between a public

authority and a private operator which memorializes the parties' agreement with

respect to the construction, improvement, rehabilitation, ownership, or operation of a

fee-based facility. A development agreement must satisfy the requirements of section

48-02.1-03.

4. "Fee-based facility" means a facility that provides a service in which the charge is

based on the level of service by users or a rental fee paid by a public authority. The

facility may be a library, city hall, and an appurtenant building, a water or sewage

treatment plant, or other public improvement; land lying within applicable rights of way;

and other appurtenant rights or hereditaments that together comprise a project for

which a private operator is authorized to operate or own and impose fees or derive a

rent as expressed in the development agreement.

5. "Private operator" means a private person, a corporation or partnership, a cooperative

or unincorporated association, a joint venture or consortium that constructs, improves,

rehabilitates, owns, leases, operates, or manages a fee-based facility subject to this

chapter. The term includes related parties and entities that together perform some or

all of these functions for the same facility.

6. "Public authority" means the state subject to legislative authority, a county, township,

or city when ownership of or jurisdiction over a fee-based facility has been tendered to

and accepted by said authority.