68-410. Contracts to be let to lowest responsible bidder; nonresidents; bonds in lieu of mechanic's liens; filing claim before actions on bond.
68-410
68-410. Contracts to be let to lowest responsible bidder;nonresidents; bonds in lieu of mechanic's liens; filing claim beforeactions on bond.All contracts for the construction, improvement, reconstruction, andmaintenance of the highway system, the cost of which exceeds one thousanddollars ($1,000), except contracts between the secretary of transportationand the various counties, shall be awarded at a public letting to thelowest responsible bidder: Provided, however, That no contract for asingle project or structure shall be divided into two or more contracts andawarded without public letting and to other than the lowest responsiblebidder. The secretary shall adopt necessary rules and regulations coveringthe making and receiving of bids and letting of contracts: Provided,That no contract shall be awarded to a nonresident individual, partnershipor corporation unless the same has established a permanent office in thestate of Kansas so that service can be had and taxes collected from saidnonresident: And provided further, That the provisions of K.S.A.16-113 shall not apply to contracts made by the secretary. The person orpersons to whom a contract may be awarded shall give good and sufficientsurety bond by a company authorized to do business in this state to beapproved by the secretary, and filed with the secretary in such sum as thesecretary shall fix, not less than the amount of such contract price,conditioned that such contractor will faithfully perform such contract inevery respect and conditioned further that such contractor or contractorsor subcontractor or subcontractors of said contractor or contractors shallpay all indebtedness incurred for supplies, materials or labor furnished,used or consumed in connection with or in or about the construction of theproject for which the contract has been let, including gasoline,lubricating oils, fuel oils, greases, coal and similar items used orconsumed and used directly in carrying out the provisions of the contract:Provided, That when such bond has been so approved by and filed withthe secretary of transportation, no mechanic's lien shall attach by reasonof the failure of the contractor or contractors or subcontractor orsubcontractors of said contractor or contractors to pay for or makesettlement for the items covered by this act: Provided further, Thatany person to whom there is due any sum for labor or material or for anyitem covered by this act or his or her assigns, may bring an action on saidbond for the recovery of said indebtedness and said suit may be brought inany county in the state where any part of said contract has been performed:Provided further, That no such action shall be brought on said bondunless within six (6) months after the completion date of said contract,according to the records of the secretary of transportation, there be filedwith the secretary an itemized statement of the amount of suchindebtedness, which itemized statement must be sworn to and acknowledgedbefore a notary public or other officer authorized to administer oaths:Provided, That no action shall be brought on said bond after one (1)year from the completion date of said contract: Provided further, Theprovisions of K.S.A. 60-1111 shall not apply to contracts made by thesecretary of transportation.
History: L. 1929, ch. 225, § 11; L. 1933, ch. 239, § 1; L. 1935, ch. 246, §1; L. 1975, ch. 427, § 94; Aug. 15.