Oklahoma § 19-788 - Contracts - Bids - Notice - Preference - Uncompleted

§ 19-788. Contracts - Bids - Notice - Preference - Uncompleted

contracts - Payment of personal property taxes.

(a) All contracts for county hospital construction work,

alteration, additions, or repairs exceeding Five Thousand Dollars

($5,000.00) in any calendar year, shall be let to the lowest

Oklahoma Statutes - Title 19. Counties and County Officers

responsible bidder or bidders after notice of publication in a

newspaper of general circulation published in the county where the

work is to be done in two consecutive weekly issues of the

newspaper. Each bid shall be accompanied by a certified or

cashier's check equal to five percent (5%) of the bid or Ten

Thousand Dollars ($10,000.00), whichever is the smaller, which shall

be deposited with the board of control as a guaranty, and forfeited

to the county treasurer to the credit of the county hospital fund in

the event the successful bidder fails to comply with the terms of

the proposal, and returned to the successful bidder on execution and

delivery of the bond herein provided for, and the checks of the

unsuccessful bidders shall be returned to them in accordance with

the terms of the proposal.

(b) All notices of the letting of contracts under this section

shall state the time and place bids will be received and opened.

Such bids shall be sealed and opened only at the time and place

mentioned in the notice and in the presence of a majority of the

members of the board of control. The successful bidder for the

construction of the work shall enter into a contract on a form

furnished and prescribed by the board of control and shall give good

and sufficient performance bond in a sum equal to the contract

price, to the county, with sureties approved by the board of

control, to insure the proper and prompt completion of the work in

accordance with the provisions of the contract and the plans and

specifications; bonds shall also be posted to protect against unpaid

claims of subcontractors, laborers, and suppliers. Provided, that

if in the opinion of a majority of the board of control, the lowest

responsible bid or bids for the construction herein authorized to be

constructed shall be excessive, then and in that event the board of

control shall have the right to reject any or all bids and to

readvertise the same for additional bids. The board of control

within its discretion and where it is in the best interests of

hospital construction, may extend a contract not to exceed ten

percent (10%) of the length and extent of the original project, such

extension work to be paid for at a price not greater than the

contract unit basis. No work shall be initiated until the

contractor furnishes the board with certificates of insurance for

workmen's compensation, public liability and builders' risk.

(c) When quality and prices are equal preference shall be given

materials produced within the State of Oklahoma, and preference

shall also be given construction contractors domiciled, having and

maintaining offices in and being citizen taxpayers of the State of

Oklahoma.

(d) When any contract for the construction or improvement of a

county hospital has not been carried out, or work thereunder has

been suspended by virtue of an order or directive of any officer or

agency of the federal or state government, issued under authority

Oklahoma Statutes - Title 19. Counties and County Officers

vested in or delegated to such officer or agency, or if the

contractor defaults, the board shall proceed against the contractor

and/or his bonds, if he has caused the postponement or cancellation

of the contract, and the board shall then have the right to

advertise in the manner provided for hereinabove to relet the

contract for the uncompleted portion.

(e) Five percent (5%) of the total amount of money due under

contract with the board of control for county hospital construction

work shall be retained by the board until the contractor to whom

payment is due files with the board a certified copy of a personal

tax receipt, showing payment of personal property taxes due on the

contractor's equipment and supplies, from the county treasurer of

the county wherein the property is assessed, or is required to be

assessed, and evidence of having proper workmen's compensation

coverage for employees as provided by Title 85 of the Oklahoma

Statutes, Section 61.

Added by Laws 1919, c. 273, p. 388, § 9. Amended by Laws 1939, p.

221, § 2; Laws 1963, c. 72, § 1; Laws 1970, c. 286, § 5, emerg. eff.

April 27, 1970.