reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 91 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES (§§ 24-91-101 — 24-91-110) › Section 24-91-107 - Custodian for acceptable securities - collection of interest income - payable to contractor

The public entity or any national bank, state bank, trust company, or savings and loan association located in this state and designated by mutual agreement of the public entity and the contractor to serve as custodian for the acceptable securities pursuant to section
24-91-106
shall collect all interest and income when due on the acceptable securities so deposited and shall pay them, when and as collected, to the contractor who deposited the acceptable securities. If the deposit is in the form of coupon bonds, the escrow agent shall deliver each coupon, as it matures, to the contractor. Any expense incurred for this service shall not be charged to the public entity.
L. 79: Entire article added, p. 997, § 1, effective July 1. L. 86: Entire section amended, p. 972, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 91 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES (§§ 24-91-101 — 24-91-110) › Section 24-91-108 - Retained payments - amount deducted by a public entity

Any amount deducted by a public entity, pursuant to law or the terms of a contract, from the retained payments otherwise due to the contractor thereunder shall be deducted first from that portion of the retained payments for which no acceptable securities have been substituted and then from the proceeds of any deposited acceptable securities, in which case, the contractor shall be entitled to receive the interest, coupons, or income only from those acceptable securities which remain on deposit after such amount has been deducted.
L. 79: Entire article added, p. 997, § 1, effective July 1. L. 86: Entire section amended, p. 973, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 91 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES (§§ 24-91-101 — 24-91-110) › Section 24-91-109 - Retained payments - disbursement

All retained payments and interest thereon disbursed to any contractor under any contract with a public entity covered under this article shall be disbursed to each subcontractor by the contractor. The disbursement of such retained payments and interest shall be in proportion to the respective amounts of retained payments, if any, which the contractor theretofore has withheld from his subcontractors if the subcontractor has performed under his contract with the contractor.
L. 79: Entire article added, p. 997, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 91 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES (§§ 24-91-101 — 24-91-110) › Section 24-91-110 - Contracts excepted from article

The provisions of this article shall not apply in the case of a contract made or awarded by any public entity if a part of the contract price is to be paid with funds from the federal government or from some other source and if the federal government or such other source has requirements concerning retention or payment of funds which are applicable to the contract and which are inconsistent with this article.
L. 79: Entire article added, p. 998, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-101 - Short title

This article shall be known and may be cited as the "Construction Bidding for Public Projects Act".
L. 81: Entire article added, p. 1254, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-103.7 - Disclosure - invitation for bids - invitation for best value bids

The executive director of an agency of government or president of an institution of higher education that enters into a construction contract for a public project pursuant to this article 92 that is not funded in any part with federal moneys shall disclose to the public the agency of government's rationale or the institution's rationale for selecting the invitation for bids process pursuant to section
24-92-103
or the invitation for best value bids process pursuant to section
24-92-103.5
for the public project. The agency or institution shall post the disclosure on its website.
Amended by 2017 Ch. 99, § 70, eff. 8/9/2017.
Added by 2013 Ch. 266, § 9, eff. 5/24/2013.
L. 2013: Entire section added, (HB 13-1292), ch. 266, p. 1402, § 9, effective May 24. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 352, § 70, effective August 9.
In 2013, this section was added by the "Keep Jobs In Colorado Act of 2013". For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-104 - Exemptions - applicability

(1)
The provisions of sections
24-92-103
and
24-92-103.5
do not apply to:
(a)
A public project for which the agency of government receives no bids or for which all bids have been rejected; or
(b)
A situation for which the responsible officer determines it is necessary to make emergency procurements or contracts because there exists a threat to public health, welfare, or safety under emergency conditions, but such emergency procurements or contracts shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
(c)
Contracts for architectural, engineering, land surveying, and landscape architectural services as provided for in part 14 of article
30
of this title.
(2)
Nothing in this article shall be construed to affect or limit any additional requirements imposed upon an agency of government for awarding contracts for public projects.
(3)
This article shall not apply to any county, municipality, school district, special district, or political subdivision of the state and shall not be construed to affect any requirements which may otherwise apply to such entities for awarding contracts for public projects, except as provided in section
24-92-109
.
Amended by 2014 Ch. 378, § 61, eff. 6/6/2014.
L. 81: Entire article added, p. 1256, § 1, effective July 1. L. 2014: IP(1) amended, (HB 14-1387), ch. 378, p. 1852, § 61, effective June 6.
For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-104.5 - Solicitation of bids by electronic online access - department of transportation

The executive director of the department of transportation may invite bids using electronic online access, including the internet, for purposes of acquiring construction contracts for public projects on behalf of the department of transportation.
L. 98: Entire section added, p. 1097, § 12, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-105 - Cancellation of invitations for bids

An invitation for bids or any other solicitation may be canceled or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation when it is in the best interests of the agency of government. The reasons for any cancellation or rejection shall be made part of the contract file.
L. 81: Entire article added, p. 1256, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-106 - Responsibility of bidders and offerors

(1)
A written determination of nonresponsibility of a bidder or offeror shall be made pursuant to rules. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to such bidder or offeror.
(2)
Information furnished by a bidder or offeror pursuant to this section shall not be disclosed without prior written consent by the bidder or offeror.
L. 81: Entire article added, p. 1256, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-107 - Prequalification of contractors

Prospective contractors may be prequalified for particular types of construction, and the method of compiling a list of and soliciting from such potential contractors shall be pursuant to rules.
L. 81: Entire article added, p. 1257, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-108 - Types of contracts

Subject to the limitations of this section, any type of contract which will promote the best interests of the agency of government may be used; except that the use of a cost-plus-a-percentage-of-cost contract is prohibited. A cost-reimbursement contract may be used only when a determination is made in writing that such contract is likely to be less costly to the agency of government than any other type of contract or that it is impracticable to obtain the construction required unless the cost-reimbursement contract is used.
L. 81: Entire article added, p. 1257, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-109 - [Effective until 8/7/2024] Agency of government to submit cost estimate

(1)
Whenever an agency of government proposes to undertake the construction of a public project, reasonably expected to cost in excess of fifty thousand dollars by any means or method other than by a contract awarded by competitive bid, it shall prepare and submit a cost estimate in the same manner as other bidders; except that, for projects under the supervision of the department of transportation undertaken by such means or method, the department shall prepare and submit a cost estimate if the cost of the project is reasonably expected to exceed two hundred fifty thousand dollars. Cost estimates for projects undertaken by the department of transportation that are reasonably expected to cost more than one hundred fifty thousand dollars but not more than two hundred fifty thousand dollars shall be submitted to the transportation commission on at least a quarterly basis for its review and approval. An agency of government itself may not undertake a proposed project unless it shows the lowest cost estimate.
(2)
In preparing such cost estimate, the agency of government shall preserve a full, true, and accurate record of the cost of such project. Such records shall be kept and maintained by the responsible officer on behalf of the agency of government. To the extent the agency of government contracts with any other state or local government agency in connection with a public project, such other agency shall provide all necessary data or information to enable the agency of government to document a full, true, and accurate record of the cost of such project, which data or information shall be kept in an orderly manner by the agency of government for a period of at least six years after completion of the project. All such records shall be considered public records and shall be made available for public inspection.
(3)
State agencies shall not be required to be bonded when performing the work on a public project.
Amended by 2021 Ch. 181, § 2, eff. 9/7/2021.
L. 81: Entire article added, p. 1257, § 1, effective July 1. L. 98: (1) amended, p. 1042, § 2, effective August 5.
Section 5(2) of chapter 181 (HB 21-1056), Session Laws of Colorado 2021, provides that the act changing this section applies to any public project for which an invitation for bids is made on or after September 7, 2021.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-110 - Rules and regulations

The executive director of the department of personnel shall promulgate rules and regulations which are designed to implement the provisions of this article 92; except that the executive director of the department of transportation shall promulgate rules and regulations relating to bridge and highway construction bidding practices including, notwithstanding any other provisions of this article 92, rules governing debarment of contractors. The rules must include provisions requiring agencies of government to keep certain public project records, even if duplicative, in accordance with generally accepted cost accounting principles and standards. In addition, the rules must include criteria to be used by a responsible procurement official in evaluating a response to an invitation for best value bids pursuant to section
24-92-103.5 (3)
.
Amended by 2017 Ch. 99, § 71, eff. 8/9/2017.
Amended by 2013 Ch. 266, § 11, eff. 5/24/2013.
L. 81: Entire article added, p. 1257, § 1, effective July 1. L. 83: Entire section amended, p. 1025, § 1, effective April 21. L. 84: Entire section amended, p. 293, § 3, effective April 30. L. 91: Entire section amended, p. 1068, § 38, effective July 1. L. 95: Entire section amended, p. 661, § 90, effective July 1. L. 2013: Entire section amended, (HB 13-1292), ch. 266, p. 1402, § 11, effective May 24. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 352, § 71, effective August 9.
(1) For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995. (2) In 2013, this section was amended by the "Keep Jobs In Colorado Act of 2013". For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-111 - Audit

If any agency of government is alleged to be in violation of or in material noncompliance with this article 92 or the rules promulgated thereunder, the legislative audit committee shall be advised, in writing, of the activities alleged to be in violation or noncompliance. The legislative audit committee shall give notice to the agency, which has ten days to respond to the allegation. If the committee thereafter determines that there is a reasonable probability of a violation or material noncompliance, the committee shall take appropriate action and may direct the state auditor to conduct an audit and review of the records being kept by the agency. If the state auditor determines that the agency has violated or has not complied or is not complying with this article 92 or the rules promulgated thereunder, a written report shall be issued to the agency detailing the areas of violation or noncompliance and curative recommendations. The agency shall implement the recommendations of the state auditor within a time period set by the state auditor not to exceed six months.
Amended by 2017 Ch. 264, § 80, eff. 5/25/2017.
L. 81: Entire article added, p. 1257, § 1, effective July 1. L. 2017: Entire section amended, (SB 17-294), ch. 264, p. 1406, § 80, effective May 25.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-112 - Finality of determinations

The determinations required by sections
24-92-103 (6)
,
24-92-104
,
24-92-106 (1)
, and
24-92-108
are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.
L. 81: Entire article added, p. 1258, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-113 - Reporting of anticompetitive practices

When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the attorney general.
L. 81: Entire article added, p. 1258, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-114 - Prohibition of dividing work of public project

It is unlawful for any person to divide a work of a public project into two or more separate projects for the sole purpose of evading or attempting to evade the requirements of this article.
L. 81: Entire article added, p. 1258, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-116 - [Effective until 8/7/2024] Department of transportation - reporting requirements

(1)
The department of transportation shall annually identify in a report to the transportation commission and to the transportation legislation review committee of the general assembly all highway maintenance projects for the reporting year costing more than one hundred fifty thousand dollars but not more than two hundred fifty thousand dollars that:
(a)
The department is completing using its own employees;
(b)
The department awarded by invitation for bids pursuant to section
24-92-103
or by competitive sealed best value bidding pursuant to section
24-92-103.5
; or
(c)
For which the department solicited but did not receive bids pursuant to section
24-92-103
or
24-92-103.5
.
(2)
Notwithstanding the requirement in section
24-1-136 (11)(a)(I)
, the requirement to submit the report required in subsection (1) of this section continues indefinitely.
Added by 2021 Ch. 181, § 3, eff. 9/7/2021.
Section 5(2) of chapter 181 (HB 21-1056), Session Laws of Colorado 2021, provides that the act changing this section applies to any public project for which an invitation for bids is made on or after September 7, 2021.
2021 Ch. 181, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-116 - [Effective 8/7/2024] Department of transportation - reporting requirements

(1)
The department of transportation shall annually identify in a report to the transportation commission and to the transportation legislation review committee of the general assembly each highway maintenance project for the reporting year that costs more than one hundred fifty thousand dollars but not more than the project cost cap of three hundred thousand dollars, annually adjusted for inflation, described in section 24-92-109 (1)(b), and that meets one or more of the following conditions:
(a)
The department is completing the project using its own employees;
(b)
The department awarded the project by invitation for bids pursuant to section
24-92-103
or by competitive sealed best value bidding pursuant to section
24-92-103.5
; or
(c)
The department solicited but did not receive bids for the project pursuant to section
24-92-103
or
24-92-103.5
.
(1.5)
The annual report required in subsection (1) of this section must also identify any program efficiencies or additional funding accountability achieved by the department of transportation as a result of increasing the project cost cap.
(2)
Notwithstanding the requirement in section
24-1-136 (11)(a)(I)
, the requirement to submit the report required in subsection (1) of this section continues indefinitely.
Amended by 2024 Ch. 114,§ 3, eff. 8/7/2024, app. to public projects proposed to be constructed by any means or method, other than by a contract awarded by competitive bid, on or after the applicable effective date.
Added by 2021 Ch. 181, § 3, eff. 9/7/2021.
Section 5(2) of chapter 181 (HB 21-1056), Session Laws of Colorado 2021, provides that the act changing this section applies to any public project for which an invitation for bids is made on or after September 7, 2021.
2024 Ch. 114, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2021 Ch. 181, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 2 - PREVAILING WAGE FOR PUBLIC PROJECTS (§§ 24-92-201 — 24-92-210) › Section 24-92-202 - Contractors subject to provisions - weekly payment of employees - rules

(1)
Except as otherwise provided in subsection (2) of this section, any contractor who is awarded a contract for a public project by an agency of government in the amount of five hundred thousand dollars or more, and any subcontractors working on the public project, shall pay their employees at weekly intervals and shall comply with the enforcement provisions established in section
24-92-209
. This part 2 applies to a contract for a public project awarded pursuant to part 1 of this article 92 and to an integrated project delivery contract for a public project awarded pursuant to article
93
of this title 24. This part 2 does not apply to contracts for public projects that receive federal funding.
(2)
This part 2 does not apply to the department of transportation, regardless of the amount or funding source of the public project; except that a contractor performing work on a public project for the department of transportation is required to pay employees performing work on any public project, regardless of the amount or funding source of the public project, in accordance with the wage requirements of the federal "Davis-Bacon Act",
40 U.S.C. sec. 3141
et seq., and related federal acts. Any work performed on a public project under the supervision of the department of transportation that is electrical work, as defined in section
12-115-103 (5)
, must utilize licensed journeymen electricians, as defined in section
12-115-103 (6)
, licensed master electricians, as defined in section
12-115-103 (7)
, or registered and properly supervised apprentices, as defined in section
12-115-103 (1)
, regardless of whether the work is performed by department of transportation employees or performed by a contractor on behalf of the department of transportation.
(3)
The director may promulgate rules in accordance with article
4
of this title 24 as may be necessary to administer and enforce any requirement of this part 2.
Amended by 2021 Ch. 181, § 4, eff. 9/7/2021.
Added by 2019 Ch. 316, § 2, eff. 8/2/2019 and applicable to solicitations issued on or after 7/1/2021, except that for institutions of higher education and the Auraria higher education center created in article 70 of title 23, Colorado Revised Statutes, applicable to public projects approved by their governing boards on or after 7/1/2021.
L. 2019: Entire part added, (SB 19-196), ch. 2950, p. 2950, § 2, effective August 2.
Section 5(2) of chapter 181 (HB 21-1056), Session Laws of Colorado 2021, provides that the act changing this section applies to any public project for which an invitation for bids is made on or after September 7, 2021.
2021 Ch. 181, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 2 - PREVAILING WAGE FOR PUBLIC PROJECTS (§§ 24-92-201 — 24-92-210) › Section 24-92-205 - Investigation and determination of prevailing wages - filing of schedule - repeal

(1)
In determining the applicable prevailing wage for public projects pursuant to section
24-92-204
, the director shall use appropriate wage determinations issued by the United States department of labor in accordance with the "Davis-Bacon Act",
40 U.S.C. sec. 3141
, et seq., to establish the prevailing wage rates for the applicable trades or occupation for the geographic locality of the public project. Beginning on January 1, 2022, the director shall keep a schedule on file in his or her office of the customary prevailing rate of wages and payments made to or on behalf of the employees, which shall be open to public inspection.
(1.5)
(a)
For solicitations issued for public projects on or after July 1, 2021, but prior to January 1, 2022, the agency of government shall keep a schedule on file for the life of the project of the customary prevailing rate of wages and payments made to or on behalf of the employees, which shall be open to public inspection.
(b)
The director shall notify the revisor of statutes in writing of the date when all the public projects covered by subsection (1.5)(a) of this section have been completed by e-mailing the notice to revisorofstatutes.ga@state.co.us. This subsection (1.5) is repealed effective upon the date identified in the notice or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
(2)
The director shall update the applicable prevailing wage for public projects as determined pursuant to subsection (1) of this section on or before July 1, 2022, and on or before July 1 each year thereafter.
Amended by 2021 Ch. 305, § 2, eff. 6/23/2021.
Added by 2019 Ch. 316, § 2, eff. 8/2/2019 and applicable to solicitations issued on or after 7/1/2021, except that for institutions of higher education and the Auraria higher education center created in article 70 of title 23, Colorado Revised Statutes, applicable to public projects approved by their governing boards on or after 7/1/2021.
L. 2019: Entire part added, (SB 19-196), ch. 2952, p. 2952, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 2 - PREVAILING WAGE FOR PUBLIC PROJECTS (§§ 24-92-201 — 24-92-210) › Section 24-92-206 - Statutory provisions included in contracts

A copy of sections
24-92-203
and
24-92-204
shall be inserted in all contracts for public projects awarded by an agency of government if the contract price is five hundred thousand dollars or more.
Added by 2019 Ch. 316, § 2, eff. 8/2/2019 and applicable to solicitations issued on or after 7/1/2021, except that for institutions of higher education and the Auraria higher education center created in article 70 of title 23, Colorado Revised Statutes, applicable to public projects approved by their governing boards on or after 7/1/2021.
L. 2019: Entire part added, (SB 19-196), ch. 2952, p. 2952, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 2 - PREVAILING WAGE FOR PUBLIC PROJECTS (§§ 24-92-201 — 24-92-210) › Section 24-92-207 - Prevailing wage rates - posting

(1)
Each contractor awarded a contract for public project with a contract price of five hundred thousand dollars or more and each subcontractor who performs work on the public project shall post in conspicuous places on the project, where employees are employed, posters that contain the current prevailing rate of wages and the current prevailing rate of payments to the funds required to be paid for each employee employed to execute the contract as established in sections
24-92-203
and
24-92-204
, and the rights and remedies of any employee described in section
24-92-210
for nonpayment of any wages earned pursuant to this section. The posters shall be furnished to contractors and subcontractors by the director in a form and manner to be determined by the director.
(2)
A contractor or subcontractor who fails to comply with this section commits a petty offense and shall pay to the director one hundred dollars for each calendar day of noncompliance as determined by the director.
(3)
Contracts for public works projects shall contain the specific obligations of the contractor under this section including provisions regarding the posting of posters on the job site as required by this section and the department's procedures for the contractor to receive the posters.
Amended by 2021 Ch. 462, § 440, eff. 3/1/2022.
Added by 2019 Ch. 316, § 2, eff. 8/2/2019 and applicable to solicitations issued on or after 7/1/2021, except that for institutions of higher education and the Auraria higher education center created in article 70 of title 23, Colorado Revised Statutes, applicable to public projects approved by their governing boards on or after 7/1/2021.
L. 2019: Entire part added, (SB 19-196), ch. 2952, p. 2952, § 2, effective August 2.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 3 - ENERGY SECTOR PUBLIC WORKS PROJECTS CRAFT LABOR REQUIREMENTS (§§ 24-92-301 — 24-92-307) › Section 24-92-301 - Short title

The short title of this part 3 is the "Colorado Energy Sector Public Works Project Craft Labor Requirements Act".
Added by 2023 Ch. 247,§ 1, eff. 1/1/2024, app. only to any energy sector public works project for which a public utility or cooperative electric association invitation for bids or proposals is issued on or after 1/1/2024.
2023 Ch. 247, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 3 - ENERGY SECTOR PUBLIC WORKS PROJECTS CRAFT LABOR REQUIREMENTS (§§ 24-92-301 — 24-92-307) › Section 24-92-306 - Energy sector public works projects - use of project labor agreements

(1)
A public utility, cooperative electric association, or independent power producer is authorized to incorporate a project labor agreement requirement for an energy sector public works project if the project labor agreement will promote successful project delivery by securing a skilled labor force for the project and if it will promote cost-efficiency, safety, quality, and timely completion of the project.
(2)
If all construction work on an energy sector public works project is covered by a project labor agreement, the requirements of sections
24-92-304
and
24-92-305
do not apply to the project.
(3)
The public utilities commission shall not deny approval of an energy sector public works project solely because the project owner voluntarily elects to use a project labor agreement for the project. The public utilities commission must state its reasons for denial in writing when it issues the decision.
Added by 2023 Ch. 247,§ 1, eff. 1/1/2024, app. only to any energy sector public works project for which a public utility or cooperative electric association invitation for bids or proposals is issued on or after 1/1/2024.
2023 Ch. 247, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 3 - ENERGY SECTOR PUBLIC WORKS PROJECTS CRAFT LABOR REQUIREMENTS (§§ 24-92-301 — 24-92-307) › Section 24-92-307 - Energy sector public works projects - existing authority of the public utilities commission

Nothing in this section contravenes the statutory authority of the public utilities commission to consider overall project costs, the impact of a project on utility customers, or the impact of project cost on utility rates.
Added by 2023 Ch. 247,§ 1, eff. 1/1/2024, app. only to any energy sector public works project for which a public utility or cooperative electric association invitation for bids or proposals is issued on or after 1/1/2024.
2023 Ch. 247, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 93 - CONSTRUCTION CONTRACTS (§§ 24-93-101 — 24-93-110) › Section 24-93-101 - Short title

This article shall be known and may be cited as the "Integrated Delivery Method for Public Projects Act".
L. 2007: Entire article added, p. 1805, § 1, effective August 3.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 93 - CONSTRUCTION CONTRACTS (§§ 24-93-101 — 24-93-110) › Section 24-93-102 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
It is the policy of the state of Colorado to encourage public contracting procedures that encourage competition, openness, and impartiality to the maximum extent possible.
(b)
Competition exists not only in the costs of goods and services, but also in the technical competence of the providers and suppliers in their ability to make timely completion and delivery and in the quality and performance of their products and services.
(c)
Timely and effective completion of public projects may be achieved through a variety of methods when procuring goods and services for public projects.
(d)
In enacting this article, the general assembly intends to establish for any agency of state government an optional alternative public project delivery method.
L. 2007: Entire article added, p. 1805, § 1, effective August 3.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 93 - CONSTRUCTION CONTRACTS (§§ 24-93-101 — 24-93-110) › Section 24-93-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Agency" means any agency, department, division, board, bureau, commission, institution, or other agency of the executive, legislative, or judicial branch of state government that is a budgetary unit exercising construction contracting authority or discretion.
(2)
"Contract" means any agreement for designing, building, altering, repairing, improving, demolishing, operating, maintaining, or financing a public project. For purposes of this article, "contract" includes capital construction as defined in section
24-30-1301 (2)
.
(3)
"Cost-reimbursement contract" means a contract under which a participating entity is reimbursed for costs that are allowable and that is allocable in accordance with the contract terms and provisions of this article.
(4)
"Integrated project delivery" or "IPD" means a project delivery method in which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5)
"IPD contract" means a contract using an integrated project delivery method.
(6)
"Participating entity" means a partnership, corporation, joint venture, unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7)
"Public project" means any construction, alteration, repair, demolition, or improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any operation or maintenance programs for the operation and upkeep of such projects.
Amended by 2014 Ch. 378, § 62, eff. 6/6/2014.
L. 2007: Entire article added, p. 1806, § 1, effective August 3. L. 2014: (2) amended, (HB 14-1387), ch. 378, p. 1852, § 62, effective June 6.
For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 93 - CONSTRUCTION CONTRACTS (§§ 24-93-101 — 24-93-110) › Section 24-93-104 - Integrated project delivery contracts - authorization - effect of other laws

(1)
Notwithstanding any other provision of law, any agency may award an IPD contract for a public project in accordance with the provisions of this article upon the determination by such agency that integrated project delivery represents a timely or cost-effective alternative for a public project.
(2)
Nothing in this article is intended to affect or limit the applicability of article 91 or 92 of this title to the extent the provisions of said articles are not inconsistent with the provisions of this article. To the extent there is a conflict between the provisions of article 91 or 92 of this title and this article, the provisions of this article shall control.
(3)
Nothing in this article shall be construed as exempting any agency or participating entity from applicable federal, state, or local laws, rules, resolutions, or ordinances governing labor relations, professional licensing, public contracting, or other related laws, except to the extent that an exemption is granted under such legal authority or created by necessary implication from such legal authority.
L. 2007: Entire article added, p. 1806, § 1, effective August 3.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 93 - CONSTRUCTION CONTRACTS (§§ 24-93-101 — 24-93-110) › Section 24-93-105 - Integrated project delivery contracting process - prequalification of participating entities - apprentice training

(1)
An agency may prequalify participating entities for IPD contracts by public notice of its request for qualifications prior to the date set forth in the notice. Any such request for qualifications may contain the following elements and such additional information as may be requested by the agency:
(a)
A general description of the proposed public project;
(b)
Relevant budget considerations;
(c)
Requirements of the participating entity, including:
(I)
If the participating entity is a partnership, limited partnership, limited liability company, joint venture, or other association, a listing of all of the partners, general partners, members, joint venturers, or association members known at the time of the submission of qualifications;
(II)
Evidence that the participating entity, or the constituent entities or members thereof, has completed or has demonstrated the experience, competency, capability, and capacity, financial and otherwise, to complete projects of similar size, scope, or complexity;
(III)
Evidence that the proposed personnel of the participating entity have sufficient experience and training to completely manage and complete the proposed public project; and
(IV)
Evidence of all applicable licenses, registrations, and credentials required to provide the proposed services for the public project, including but not limited to information on any revocation or suspension of any such license, registration, or credential;
(d)
The criteria for prequalification.
(2)
From the participating entities responding to the request for qualifications, the agency shall prepare and announce a short list of participating entities that it determines to be most qualified to receive a request for proposal.
(3)
Where an apprentice program as defined in section
8-15.7-101 (4)
or certified by the office of apprenticeship in the employment and training administration in the United States department of labor exists in the state, or a comparable program for the training of apprentices is available in the state:
(a)
Each participating entity shall demonstrate to the agency that it has access to either the certified program or a comparable alternative; and
(b)
Each participating entity shall demonstrate that each of its subcontractors, at any tier, selected to perform work under a contract with a value of two hundred fifty thousand dollars or more has access to either the certified program or a comparable alternative.
Amended by 2021 Ch. 309, § 12, eff. 7/1/2021.
L. 2007: Entire article added, p. 1807, § 1, effective August 3.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 93 - CONSTRUCTION CONTRACTS (§§ 24-93-101 — 24-93-110) › Section 24-93-107 - Supplemental provisions

The executive director of the department of personnel may establish supplemental provisions that are designed to implement the provisions of this article; except that the executive director of the department of transportation may establish supplemental provisions relating to bridge and highway construction contract procurement practices, including, notwithstanding any other provision of this article, provisions governing debarment of participating entities.
L. 2007: Entire article added, p. 1809, § 1, effective August 3.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 93 - CONSTRUCTION CONTRACTS (§§ 24-93-101 — 24-93-110) › Section 24-93-108 - Types of contracts

Subject to the requirements of this section, any agency making use of the provisions of this article may award any type of contract that will promote the best interests of the agency; except that the use of a cost-plus-a-percentage-of-cost contract under this article is prohibited. An agency may award a cost-reimbursement contract only when a determination is made in writing that such contract is either likely to be less costly to the agency than any other type of contract or that it is impracticable to obtain the required construction or other services authorized under this article unless the cost-reimbursement contract is used. Operation and maintenance elements may be procured on a cost-reimbursement basis under or in connection with an IPD contract.
L. 2007: Entire article added, p. 1810, § 1, effective August 3.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 93 - CONSTRUCTION CONTRACTS (§§ 24-93-101 — 24-93-110) › Section 24-93-109 - Disclosure

The executive director of an agency or president of an institution of higher education that enters into a construction contract for a public project pursuant to this article shall disclose to the public the agency's rationale or the institution's rationale for selecting the integrated project delivery contracting process pursuant to this article for the public project. The agency or institution shall post the disclosure on its website.
Added by 2013 Ch. 266, § 10, eff. 5/24/2013.
L. 2013: Entire section added, (HB 13-1292), ch. 266, p. 1402, § 10, effective May 24.
In 2013 this section was added by the "Keep Jobs in Colorado Act of 2013". For the short title, see section 1 chapter 266, Session Laws of Colorado 2013.