19-1511. Same; plans and specifications; bids; contracts; bond of contractor; time for action to restrain.
19-1511
19-1511. Same; plans and specifications; bids; contracts; bond of
contractor; time for action to restrain.
The board of county commissioners shall have the power to employ an
architect to prepare the plans and specifications, and to superintend the
erection, construction or reconstruction of such courthouse, and pay him
out of the proceeds of bonds issued on account of the cost thereof. Such
architect shall file such plans and specifications, together with an
estimate of the cost thereof, under oath, in the office of the county clerk
of such county.
No contract shall be awarded at a price in excess of such estimated
cost. After considering and approving the plans and specifications prepared
and filed as aforesaid, the board of county commissioners shall advertise
for three consecutive weeks in the official county paper, for sealed
proposals for the doing of such work, in accordance with the plans and
specifications therefor, and such contract shall be let to the lowest
responsible bidder, the county commissioners reserving the right to reject
any or all bids. Each bidder must accompany his bid with a certified check
for five percent of his bid, payable to the chairman of the board of county
commissioners, as a guaranty that if the contract is awarded, he will enter
into 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 to
him, the amount deposited, or as much thereof as shall equal five percent
of the bid, shall be and become the property of the county, as its
liquidated damages in the premises, and shall be paid into the general
revenue fund of the county.
Each contractor shall give a good and sufficient bond, in such sum as
the board of county commissioners shall fix, not less than such contract
price, with one or more surety companies duly authorized to do business in
the state of Kansas, as surety thereon, which bond shall be filed and
recorded in the office of the county clerk of such county, and approved by
the board of county commissioners, conditioned that such contractor will
faithfully perform such contract in every respect, and secure such county
against any and all loss or damage by reason of any default, failure or
miscarriage in the performance thereof. No action shall be brought to
restrain the making of such improvement, or the payment therefor, or levy
of taxes or issuance of bonds therefor, on the ground of any illegality or
irregularity in advertising and receiving of bids or awarding the contract,
or any proceedings prior to the awarding of such contract, unless such
action be commenced within thirty days after the date such contract is
awarded.
History: L. 1921, ch. 155, § 2; March 14; R.S. 1923, 19-1511.