Oklahoma § 19-1238 - Resolution of contest or noncontest of improvement Approval of plans and specifications - Contractor's bond - Bidding

§ 19-1238. Resolution of contest or noncontest of improvement Approval of plans and specifications - Contractor's bond - Bidding

procedure.

After the expiration of the time for objection or protest on the

part of the record title holders of property to an improvement, or

if insufficient protest is filed, the board of county commissioners

shall adopt a resolution declaring that no such protest has been

filed, or that such protest, if filed, was insufficient and

expressing the determination of the board to proceed with the

improvement. Such resolution shall require the engineer to

immediately file detailed plans, profiles, specifications, and

estimates of probable cost. After the filing of said plans,

profiles, specifications, and estimates, the board shall examine the

same, and if found satisfactory, shall, by resolution, adopt and

approve the same. The resolution shall state the material to be

used and that the work or improvement will be constructed in

accordance with the final detailed plans, specifications, and

profiles of the engineer. The resolution shall set forth any

reasonable terms and conditions that the board of county

commissioners deems proper to impose. The board, by resolution,

shall also provide that the contractor shall execute to the county a

good and sufficient bond in an amount to be stated in the

resolution, conditioned for the full and faithful execution of the

Oklahoma Statutes - Title 19. Counties and County Officers

work and the performance of the contract for the protection of the

county and all record title holders of property interested, against

any loss or damage by reason of the negligence of the contractor,

improper execution of the work or improvement, or the use of

inferior material, and shall also require a bond, in an amount to be

stated in said resolution, for the maintenance of said improvements

against any failure due to defective workmanship or materials for a

period of not less than one (1) year from the time of its completion

and acceptance. Such maintenance bond shall not be required where

such road improvements consist of oil and chips or graveling. The

resolution shall also require the execution of a good and sufficient

bond for payment of labor and material conditioned in accordance

with the laws of this state. The resolution shall also direct the

county clerk after the filing of said final plans, profiles,

specifications, and estimates to advertise for sealed bids for

furnishing the materials and performing the work necessary in making

the improvement. The notice for such bids shall state the roads,

streets, avenues, or public places to be improved, the kind of

improvements proposed, what bonds will be required to be executed by

the contractor, shall refer to the plans and specifications, and

shall state the date, time, and place where such sealed bids shall

be filed, and the date and place the same will be considered by the

board. The notice shall state the manner of payment to the

contractor and whether the contractor will be paid in money, in

bonds or in a proportion of money and bonds for making the

improvement. The notice shall be published in accordance with the

provisions of the Public Competitive Bidding Act of 1974. No action

or suit to question the adoption of said resolution, or the

sufficiency of the same or the final, detailed estimate of the

engineer, shall be commenced later than fifteen (15) days after the

first publication of said notice.

The resolution provided for in this section shall be adopted not

later than six (6) months after the adoption of the resolution of

necessity provided for in Section 1234 of this title or within six

(6) months after the filing of a proper petition for the

construction of the contemplated improvements.

Added by Laws 1978, c. 208, § 10, eff. Jan. 1, 1979. Amended by

Laws 1983, c. 148, § 5, operative July 1, 1983; Laws 1984, c. 43, §

6, emerg. eff. March 27, 1984; Laws 2010, c. 40, § 1, eff. Nov. 1,

2010.