68-704. Construction of improvements; letting of contracts; bids, surety; publication notice; bond of contractor; time for actions to restrain; county warrants.
68-704
68-704. Construction of improvements; letting ofcontracts; bids, surety; publicationnotice; bond of contractor; time for actions to restrain; countywarrants.The board of county commissioners may conduct theimprovement of the road in conformity with the profile, plans andspecifications as filed; may let contracts for the construction ofany portions of the work required in making the improvements; or maylet contracts for the labor only, or the labor and a portion of thematerial, and purchase any or all of the materials forthe improvements of the highway and supply the same to the contractoror contractors.
If the work is let by contract, notice shall be publishedin the official county newspaper once each week for two consecutiveweeks prior to the letting. No bidsshall be accepted except in accordance with the profile, plans andspecifications, and such contracts shall be let to the lowestresponsible bidder, the board of county commissioners reserving the right toreject any or all bids. Each bidder must accompany thesubmitted bid with a bid surety in an amount equal to 5% of theamount of the bidpayable to the chairperson of the board of county commissioners as aguarantee that, if the contract is awarded tothe bidder, the bidder willenter into the contract with the board. If a bidder fails to enter intothe contract whenawarded to the bidder, the bid surety shall become the property ofthe county as its liquidated damages and shall be paid to the county treasurerfor credit to the general fund of the county.
Each contractor shall give a good and sufficient performance bond inan amount fixed by the board of county commissioners, but not less than the contractprice, and the bond required by K.S.A. 60-1111, and amendments thereto.The performance bond shall be filed and recorded in the office of the countyclerk or some other county officer designated by the board of countycommissioners and approved by the board of county commissioners and shall be conditionedon the contractor's faithful performance of the contract in every respect and secure thecounty against any and all loss ordamage by reason of any default, failure or miscarriage in theperformance of the contract. The board of county commissioners, at any timebefore entering intoa contract, may withdraw any or all proposals and take charge of andconduct the improvement.
No action shall be brought to restrain the making of theimprovements, or payment therefor, or levy of taxes or specialassessments or issuance of bonds therefor on the ground of anyillegality or irregularity in advertising, receiving bids or awardingthe contract, or any proceedings prior to the award of the contract ordecision by the board to make such improvements by day labor, unlesssuch action is commenced within 30 days after the date thecontract is awarded or the board makes the decisionto make the improvementsby day labor.
The board of county commissioners, as required, shall issue warrantsof the county drawn on a special fund for the improvements, thepurchase of materials, the payment of wages, and other expensesincurred in making the improvement or for payment to the contractor ofnot to exceed 95% of the work done and accepted underthe provisions of this act. If a person or company with whom acontract is made under the provisions of this act fails to fulfill thecontract, the board of county commissionersmay cause the work to be completed and material furnished in full asprovided in such contract and recover the full cost thereof from suchperson or company and the sureties on any bonds given, less any amountunpaid on the contract.
History: R.S. 1923, 68-704; L. 1970, ch. 64, § 80; L. 1975,ch. 427, § 130; L. 1981, ch. 173, § 73;L. 1987, ch. 97, § 3;L. 2004, ch. 40, § 1; July 1.