C.R.S. Section 32-11-616
Construction contracts

(1)

No contract for doing construction work for acquiring or improving the project contemplated shall be made or awarded nor shall the board incur any expense or any liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications, and notices until after the provisional order hearing and notice thereof provided for in this article have been had and given.

(2)

The board may advertise by publication for proposals for doing the work whenever the board desires, but the contract shall not be made or awarded before the time stated in subsection (1) of this section.

(3)

In the case of construction work done by independent contract for any project or portion thereof in any improvement district, the engineer or any purchasing officer of the urban district, as provided by the board, shall request competitive bids and publish notice stating that bids will be received at a time and at a place designated therein.

(4)

The urban district may contract only with the responsible bidder submitting the lowest and best bid upon proper terms.

(5)

The district has the right to reject any and all bids and to waive any irregularity in any bid.

(6)

Any contract may be let on a lump-sum or on a unit basis.

(7)

No contract shall be entered into for such work unless the contractor gives an undertaking with a sufficient surety approved by the board and in an amount fixed by it for the faithful performance of the contract, substantially as required of a school board and a school district by sections 38-26-101 and 38-26-105 to 38-26-107, C.R.S., as from time to time amended, except as expressly otherwise provided in this article.

(8)

Upon default in the performance of any contract, the engineer, or any purchasing officer, as directed by motion of the board, may advertise and may relet the remainder of the work without further resolution and may deduct the cost from the original contract price and may recover any excess cost by suit on the original bond, or otherwise.

(9)

All contracts shall provide, among other things, that the person entering into the contract with the urban district will pay for all materials furnished and for services rendered for the performance of the contract and that any person furnishing the materials or rendering the services may maintain an action to recover for the same against the obligor in the undertaking as though the person was named therein. Final settlement shall be effected substantially as required by section 38-26-107, C.R.S., as from time to time amended, and all laws thereunto enabling.

(10)

If any contract or any agreement is made in violation of the provisions of this section, it shall be voidable, and no action shall be maintained thereon by any party thereto against the urban district.

(11)

To the extent the urban district makes any payment thereunder, such contract or agreement shall be valid, and any such payment may be included in any cost defrayed by the levy of assessments unless theretofore the urban district elects to void the contract or the agreement in its entirety and to recover any such payment from the party to whom made.

(12)

The board, except as expressly limited in this article, may in the letting of contracts impose such conditions upon bidders with regard to bonds and to securities, and such guaranties of good and faithful performance, completion of any work, and the keeping of the same in repair, and may provide for any further matter or thing in connection therewith as may be considered by the board to be advantageous to the urban district and to all interested persons.

Source: Section 32-11-616 — Construction contracts, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-32.­pdf (accessed Oct. 20, 2023).

32‑11‑101
Short title 32‑11‑102
Legislative declaration 32‑11‑103
Public purpose 32‑11‑104
Definitions 32‑11‑105
Construction 32‑11‑106
Liberal construction 32‑11‑107
Sufficiency of article 32‑11‑201
Creation of district 32‑11‑202
Boundaries of district 32‑11‑203
Board of directors 32‑11‑204
Regular appointments 32‑11‑205
Filling vacancies 32‑11‑207
Fidelity bonds 32‑11‑208
Board’s administrative powers 32‑11‑209
Additional administrative powers 32‑11‑210
Records of board 32‑11‑211
Meetings of board 32‑11‑212
Compensation of directors 32‑11‑213
Conflicts in interest prohibited 32‑11‑214
Authorization of facilities 32‑11‑215
Implementing powers 32‑11‑216
Additional powers of district 32‑11‑217
Financial powers of district 32‑11‑218
Miscellaneous powers 32‑11‑219
Cooperative powers 32‑11‑220
Other supplemental powers 32‑11‑221
Approval of other facilities 32‑11‑222
Powers of public bodies 32‑11‑301
Levy and collection of taxes 32‑11‑302
Levies to cover deficiencies 32‑11‑303
Sinking funds 32‑11‑304
Levying and collecting taxes 32‑11‑305
Delinquent taxes 32‑11‑306
Service charges 32‑11‑401
Elections 32‑11‑402
Election resolution 32‑11‑501
Forms of borrowing 32‑11‑502
Limitations upon security 32‑11‑503
Recourse against district personnel 32‑11‑504
Repeal of article 32‑11‑505
Registration of securities 32‑11‑506
Details of securities 32‑11‑507
Recital of issuance under article 32‑11‑508
Additional securities details 32‑11‑509
Payment without further order 32‑11‑510
Interest coupons 32‑11‑511
Execution of securities 32‑11‑512
Use of facsimiles 32‑11‑513
Execution by incumbents 32‑11‑514
Execution with predecessor’s facsimile 32‑11‑515
Repurchase of securities 32‑11‑516
Use of securities proceeds 32‑11‑517
Use of surplus proceeds 32‑11‑518
Validity of securities unaffected by project 32‑11‑519
Employment of experts 32‑11‑520
Investments and reinvestments 32‑11‑521
Rights and remedies cumulative 32‑11‑522
Continuation of liabilities 32‑11‑523
Temporary bonds 32‑11‑524
Statement of purpose 32‑11‑525
Prior redemption calls 32‑11‑526
Surrender of district securities by state 32‑11‑527
Notes and warrants 32‑11‑528
General obligation securities 32‑11‑529
Special obligation securities 32‑11‑530
Covenant to pay operation and maintenance expenses 32‑11‑531
Securities constituting indebtedness 32‑11‑532
Securities not constituting indebtedness 32‑11‑533
Election to authorize debt 32‑11‑534
Limitations upon incurring debt 32‑11‑535
Interest and prior redemption charges 32‑11‑536
Recitals in securities 32‑11‑537
Consolidated bond fund 32‑11‑538
Securities tax levies 32‑11‑539
Initial levies 32‑11‑540
Payments from general fund 32‑11‑541
Use of other moneys 32‑11‑542
Appropriation of taxes 32‑11‑543
Special obligation limitations 32‑11‑544
Purchase price and interest 32‑11‑545
Public and private sales 32‑11‑546
Notice of public sale 32‑11‑547
Contents of sale notice 32‑11‑548
Bid requirements 32‑11‑549
Acceptance of best bid 32‑11‑550
Rejection of bids 32‑11‑551
Bond maturities 32‑11‑552
Prior redemption provisions 32‑11‑553
Special funds and accounts 32‑11‑554
Covenants and other provisions 32‑11‑555
Liens on pledged revenues 32‑11‑556
Rights and powers of securities holders 32‑11‑557
Receivers 32‑11‑558
Issuance of interim debentures 32‑11‑559
Limitations upon funding and refunding securities 32‑11‑560
Interim debenture details 32‑11‑561
Payment of interim debentures 32‑11‑562
Funding interim debentures 32‑11‑563
Funding bonds 32‑11‑564
Refunding bonds 32‑11‑565
Method of issuing refunding bonds 32‑11‑566
Conditions for refunding 32‑11‑567
Disposition of refunding bond proceeds 32‑11‑568
Administration of escrow or trust 32‑11‑569
Security for payment of refunding bonds 32‑11‑570
Combination of bond purposes 32‑11‑571
Applicability of other statutory provisions 32‑11‑601
Special assessments 32‑11‑602
Initiating procedure 32‑11‑603
Provisional order method 32‑11‑604
Petition method 32‑11‑605
Subsequent procedure 32‑11‑606
Combination of programs 32‑11‑607
Effect of estimates 32‑11‑608
Fixing hearing and notice 32‑11‑609
Content of notice 32‑11‑610
Subsequent modifications 32‑11‑611
Provisional order hearing 32‑11‑612
Appeal from adverse order 32‑11‑613
Post-hearing procedure 32‑11‑614
Creation of district 32‑11‑615
Methods of acquisition or improvement 32‑11‑616
Construction contracts 32‑11‑617
Extra work authorized - payment 32‑11‑618
Construction by district 32‑11‑619
Cooperative construction 32‑11‑620
Use of existing improvements 32‑11‑621
Assessment debentures 32‑11‑622
Issuance of assessment securities 32‑11‑623
Purchase price and interest 32‑11‑624
Use of assessments - payment of assessment securities 32‑11‑625
Bond limitations and details 32‑11‑626
Prior redemption provisions 32‑11‑627
Special obligations 32‑11‑628
Primary additional security 32‑11‑629
Permissive additional security 32‑11‑630
Redemption of securities 32‑11‑631
Rights and powers of security holders 32‑11‑632
Statement of cost of project 32‑11‑633
Order for assessment roll and its form 32‑11‑634
Assessment computations and limitations 32‑11‑635
Determination of assessable tracts 32‑11‑636
Preparation of proposed roll 32‑11‑637
Notice of assessment hearing 32‑11‑638
Assessment hearing 32‑11‑639
Levy of assessments 32‑11‑640
Appeal of adverse determination 32‑11‑641
Transfer of roll to county treasurer 32‑11‑642
Thirty-day payment period - deferred payments 32‑11‑643
Acceleration upon delinquency 32‑11‑644
Limitations upon deferred payments 32‑11‑645
Assessment liens 32‑11‑646
Division of tract 32‑11‑647
Surpluses and deficiencies 32‑11‑648
Notice of assessment or installment due 32‑11‑649
When collections paid district 32‑11‑650
Collections by county treasurer 32‑11‑651
Collection of delinquent assessments 32‑11‑652
Optional filing of claim of lien 32‑11‑653
Duties imposed when assessments are levied 32‑11‑654
Procedure to place omitted tracts on roll 32‑11‑655
Irregularities in contracts and assessments 32‑11‑656
Owner of interest may pay share 32‑11‑657
Payment of assessments by joint owner 32‑11‑658
Assessment paid in error 32‑11‑659
Description of property - notice to transferees 32‑11‑660
Assessment of public property 32‑11‑661
Collecting assessments against public properties 32‑11‑662
Sewer districts and subdistricts 32‑11‑663
Sewer acquisitions 32‑11‑664
Classification of sewer districts 32‑11‑665
Acquisition of subdistrict laterals 32‑11‑666
Assessment of district sewers 32‑11‑667
Issuance of refunding bonds 32‑11‑668
Reassessments 32‑11‑669
Procedure for relevy 32‑11‑670
Resolution for reassessment 32‑11‑671
Assessment roll - certification 32‑11‑672
Notice of filing 32‑11‑673
Hearing 32‑11‑674
Levy of reassessment - cost and value 32‑11‑675
Credits for prior assessment 32‑11‑676
Collection of assessments - new warrant or order 32‑11‑677
Appeal to district court 32‑11‑678
Procedure exclusive 32‑11‑679
Application of reassessment funds 32‑11‑701
Annexation of lands to district 32‑11‑702
Petition of fee owners 32‑11‑703
Petition of taxpaying electors 32‑11‑704
Annexation election 32‑11‑705
Annexation initiated by board 32‑11‑706
General provisions about annexations 32‑11‑801
Budgets, accounts, and audits 32‑11‑802
Effect of extraterritorial functions 32‑11‑803
Early hearings 32‑11‑804
Decision of board final 32‑11‑805
Correction of faulty notices 32‑11‑806
Correction of errors in proceedings 32‑11‑807
Retention of jurisdiction 32‑11‑808
Conclusiveness of board’s determination 32‑11‑809
Investments by public bodies 32‑11‑810
Investments by other persons 32‑11‑811
Delegated powers 32‑11‑812
Confirmation of contract proceedings 32‑11‑813
Tax exemptions 32‑11‑814
Freedom from judicial process 32‑11‑815
Misdemeanors 32‑11‑816
Civil rights 32‑11‑817
Exemption of district
Green check means up to date. Up to date

Current through Fall 2024

§ 32-11-616’s source at colorado​.gov