The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-08
LEGAL.

LEGAL.
be awarded at a public letting. The county
clerk shall give not less than twenty t2O)
days notice of all public letting by publ
official county paper Such notice shall
specify with reasonable minuteness the
character of the improvement contemplat
ed, where it is located, kind of materials to
be used, the hour, date and place of the
letting of such contract, when the work is
to be completed, the amount of the certi-
fled check required, and invite sealeu pro-
posals for the same. Such other notices
proper, but no contract shall be let above
the estimated cost without the approval of
the engineer Fer Pre- that in
bridges, earth fills and approaches con-
nected Herewith shall not be included in
the same contract.
the proposal blanks furnished by the
county, signed by the bidder, sealed and
torney lor sent by maiD, to the county
clerk. The form of said county proposal
blanks 81; shall be approved by the State
for each county i'll the state. The board
shall conduct the letting of all contracts
for bridge and culvert work in such a
manner as to give free, open competition,
and all bidders shall be given an equal
to bid the plans and
quired when bidding a lump sum on two
or more bridges or culverts to also submit
or culverts included in their proposals.
Sec. IA. That each bidder shall be re-
CURED to deposit with his proposal a GER
titled check for not less than fifty dollars
($5Ol or more than five hundred dollars
($500) in the discretion of the board, pay
able to the county treasurer. If the bidder
to whom the contract is awarded shall fail
to accept and execute the contract and file
a bond as provided in this act his check
| shall be forfeited and paid into the school
fund, and the board may award the con-
tract to the next lowest responsible bid
der.
Sec. 10. That the bids received shall be
opened publicly by the board at the
place, date and hour named in the ad-
vertisfng notice, and shall be recorded in
the county clerk: said book shall be open
at ell times to the public for inspection.
All bids shall be considered, and accepted
or rejected. In case the work is let at
such public letting. contract shall be
awarded to the lowest responsible bidder,
or the board dol, may If it deems the pro
advertise the work as before, or 1t may let
the work privately by submitting the con-
tract with statement of the reasons for
rejecting the bids at the public letting, to
the State Highway Commission for APP
proyal; provided. that no contract shall
be let at an amount exceeding the county
engineers estimated cost or at higher
price than the lowest responsible bid re-
ceived at the public letting. The opening
of any bid by any person after the same
has been filed with the county clerk and
before the time appointed for the opening
ishable by fine of not less than 500 nor
more than $500
| Sec. 16. That nothing in this act shall
prohibit the board from buying materials
and contracting all or any part of the labor
or purchasing or renting equipment to do
the work by day labor under the direction
of the county engineer; provided, that be-
fore beginning the construction repair
of any bridge or culvert work by day labor
the approved plans and specifications and
the county engineers estimates of the cost
must be filed in the county clerks office.
and the said county engineer shall keep an
accurate 1temized account of all eNpendi-
lures for labor and materials and work
performed and file a sworn statement of
the same in the office of the county clerk
at the end of each month and final state
ment when the work is completed: provid-
ed, the provisions of this section shall not
I apply to any work the estimated cost of
which exceeds one thousand dollars
| $4,000.
Sec. II. That within ten (1O) days after
any public letting the bidder to whom any
contract shall be awarded shall enter into
contract with the board of county COM
miSsioners and shall give bond unto the
county in a penal sum equal to the amount
of the contract price, conditioned upon the
faithful performance of contract and guar
anteelng the county against loss from
defects of workmanship and materials The
sufficiency of said bond shall be approved
by the chairman of the board of county
commissioners, but the county shall not be
bound thereby until the county attorney
/ approves the form thereof as legal and
binding upon both parties by his signature
Endorsed thereon.
| Sec 1s That it is hereby made the duty
of the county attorney to personally ex-
anime as to FORM the advertisement. pro
posal, contract. plans, specifications. bond
and the minutes of the boards meeting for
each bridge or culvert proposed to be built
or repaired by contract. to determine
whether the contract has been awarded in
strict compliance with this act; and no
contract shall be legal and binding on the
county until said contract is signed by the
chairman of the board of county commits
sioners by order of said board at a legal
meeting thereof. and approved by the conn
ty attorney by his signature Endorsed
thereon.
Sec 10. That if the county engineer
deems it necessary he shall appoint with
the approval of the board. a competent
inspector to superintend the construction
of any bridge or culvert work. and the
county engineer shall be in direct charge
of all construction work, and may remove
such inspector at any time for cause
/ provided. that when federal aid is grant
| ed for the construction of any bridge OF
cu1vert work such construction shall be
under the direct supervision of the State
Highway Commission The fact that the
| in no wise release the contractor from the
entire fulfillment of the terms of his
contract.
I Sec. 20. That in compliance with the
! statutes of this state, the board of county
/ commissioners may make partial pay
ments, upon the written estimate of their
engineer, on any contract for bridge or
culvert work under this act as the same
/ progresses: but at no time shall more
! than fifty per cent fJ07d) of the estimate OF
/ the materials at such time furnished and
of the work at such time done be paid
in advance of the full and satisfactory
completion of said work; and provided
that final payment shall not be made on
any of such contracts where the amount
of the contract involved exceeds three hun
until the county engineer has inspected
| the structure and certified in writing that
pleted according to contract plans and
! specifications, and labor and materials