(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.
The board may advertise by publication for proposals for doing the work wheneverthe board desires, but the contract shall not be made or awarded before the time stated in subsection (1) of this section.
In the case of construction work done by independent contract for any project orportion 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.
The urban district may contract only with the responsible bidder submitting the lowest and best bid upon proper terms.
The district has the right to reject any and all bids and to waive any irregularity inany bid.
Any contract may be let on a lump-sum or on a unit basis.
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.
Upon default in the performance of any contract, the engineer, or any purchasingofficer, 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.
All contracts shall provide, among other things, that the person entering into thecontract 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.
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.
To the extent the urban district makes any payment thereunder, such contract oragreement 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.
The board, except as expressly limited in this article, may in the letting of contractsimpose 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: L. 69: p. 791, § 129. C.R.S. 1963: § 89-21-129. L. 77: (7) and (9) amended, p. 288, § 65, effective June 29.