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68-1402. Same; separate contracts for each bridge; sealed bids; surveys and plans. (a) The reconstruction, improvement, removal and relocation of bridges or approaches thereto provided for in this act shall be by written contract separately made and awarded as to each bridge, to the lowest responsible bidder, upon sealed proposals, based upon plans and specifications therefor on file in the office of the county clerk of the county. The county engineer, when so directed to do by the board of county commissioners, shall make all necessary surveys and investigations and prepare plans and specifications for the reconstruction, improvement, removal or relocation of any bridge or the approaches thereto, and grade separation structures connected therewith, together with an estimate under oath of the cost thereof, and file such plans, specifications and estimate in the office of the county clerk of the county. No contract shall be awarded for any such improvement at a price in excess of the estimated cost.

(b) The board of county commissioners shall have power, if they deem it necessary, to employ engineers to assist the county engineer in preparing plans and specifications or superintending the construction of such improvements, and to pay such engineers out of the proceeds of bonds issued on account of the cost thereof. After considering and approving 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 construction of such improvements or works, in accordance with the plans and specifications therefor. The board of county commissioners shall require any contractor to whom any such contract is awarded to enter into a written contract, and to secure the performance thereof by a bond signed by a surety company. All bids for the construction of any such improvement or work shall be presented simultaneously to the board of county commissioners and opened forthwith by them, in the presence of the public and all bidders present.

History: L. 1909, ch. 64, § 2; R.S. 1923, 68-1402; L. 1949, ch. 348, § 2; L. 2006, ch. 124, § 6; L. 2011, ch. 49, § 27; July 1.

Cross References to Related Sections:

Procedures for correction of public improvement project bids based on mistakes, see 75-6901 et seq.

CASE ANNOTATIONS

1. County surveyor must make estimate before contract is let. Wyandotte County v. Davis, 92 Kan. 672, 673, 141 P. 555.

2. "Lowest responsible bidder"; commissioners to determine who is "responsible." Wyandotte County v. Davis, 92 Kan. 672, 141 P. 555.

3. County without power to contract for removal of bridge without compliance with this section. Drainage District v. Wyandotte County, 117 Kan. 634, 638, 232 P. 1056.

4. County commissioners empowered to reconstruct bridge; K.S.A. 68-1106 inapplicable. State, ex rel., v. Wyandotte County Comm'rs, 152 Kan. 440, 105 P.2d 907.

5. County commissioners may issue bonds under act without an election. State, ex rel., v. Wyandotte County Comm'rs, 152 Kan. 440, 105 P.2d 907; 152 Kan. 501, 504, 506, 507, 508, 105 P.2d 908.

6. Discussed and construed in holding Laws of 1945, chapter 278 (K.S.A. 68-1223, 68-1224) unconstitutional. State, ex rel., v. Wyandotte County Comm'rs, 161 Kan. 700, 701, 703, 704, 705, 708, 171 P.2d 777.


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