19-1511.   Same; plans and specifications; bids; contracts; bond ofcontractor; time for action to restrain.The board of county commissioners shall have the power to employ anarchitect to prepare the plans and specifications, and to superintend theerection, construction or reconstruction of such courthouse, and pay himout of the proceeds of bonds issued on account of the cost thereof. Sucharchitect shall file such plans and specifications, together with anestimate of the cost thereof, under oath, in the office of the county clerkof such county.

      No contract shall be awarded at a price in excess of such estimatedcost. After considering and approving the plans and specifications preparedand filed as aforesaid, the board of county commissioners shall advertisefor three consecutive weeks in the official county paper, for sealedproposals for the doing of such work, in accordance with the plans andspecifications therefor, and such contract shall be let to the lowestresponsible bidder, the county commissioners reserving the right to rejectany or all bids. Each bidder must accompany his bid with a certified checkfor five percent of his bid, payable to the chairman of the board of countycommissioners, as a guaranty that if the contract is awarded, he will enterinto a contract with the board of county commissioners to perform the same;and if such bidder shall fail to enter into such contract when awarded tohim, the amount deposited, or as much thereof as shall equal five percentof the bid, shall be and become the property of the county, as itsliquidated damages in the premises, and shall be paid into the generalrevenue fund of the county.

      Each contractor shall give a good and sufficient bond, in such sum asthe board of county commissioners shall fix, not less than such contractprice, with one or more surety companies duly authorized to do business inthe state of Kansas, as surety thereon, which bond shall be filed andrecorded in the office of the county clerk of such county, and approved bythe board of county commissioners, conditioned that such contractor willfaithfully perform such contract in every respect, and secure such countyagainst any and all loss or damage by reason of any default, failure ormiscarriage in the performance thereof. No action shall be brought torestrain the making of such improvement, or the payment therefor, or levyof taxes or issuance of bonds therefor, on the ground of any illegality orirregularity in advertising and receiving of bids or awarding the contract,or any proceedings prior to the awarding of such contract, unless suchaction be commenced within thirty days after the date such contract isawarded.

      History:   L. 1921, ch. 155, § 2; March 14; R.S. 1923, 19-1511.