Section 38-26-106 - Contractor executes bond - applicability(1) Before entering upon the performance of any work included in the contract, a contractor shall duly execute, deliver to, and file with the board, officer, body, or person by whom the contract was awarded a good and sufficient bond or other acceptable surety approved by the contracting board, officer, body, or person, in a penal sum not less than one-half of the total amount payable under the terms of the contract; except that, for a public works contract having a total value of five hundred million dollars or more, a bond or other acceptable surety, including but not limited to a letter of credit, may be issued in a penal sum not less than one-half of the maximum amount payable under the terms of the contract in any calendar year in which the contract is performed. The contracting board, office, body, or person shall ensure that the contract requires that a bond or other acceptable surety, including but not limited to a letter of credit, be filed and current for the duration of the contract.(2) A bond or other acceptable surety shall be duly executed by a qualified corporate surety or other qualified financial institution, conditioned upon the faithful performance of the contract, and, in addition, shall provide that, if the contractor or his or her subcontractor fails to duly pay for any labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by such contractor or his or her subcontractor in performance of the work contracted to be done or fails to pay any person who supplies laborers, rental machinery, tools, or equipment, all amounts due as the result of the use of such laborers, machinery, tools, or equipment, in the prosecution of the work, the surety or other qualified financial institution will pay the same in an amount not exceeding the sum specified in the bond or other acceptable surety together with interest at the rate of eight percent per annum. Unless a bond or other acceptable surety is executed, delivered, and filed, no claim in favor of the contractor arising under the contract shall be audited, allowed, or paid. A certified or cashier's check or a bank money order made payable to the treasurer of the state of Colorado or to the treasurer or other officer designated by the governing body of the contracting local government may be accepted in lieu of a bond or other acceptable surety.(3) This section applies to:(a) A contractor who is awarded a contract for more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation, or other public works for any county, city and county, municipality, school district, or other political subdivision of the state;(b) A contractor who is awarded a contract for more than one hundred fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation, or other public works for this state; and(c) All contracts for more than one hundred fifty thousand dollars awarded by any county, city and county, municipality, school district, or other political subdivision of the state to a private entity for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation, or other public works that is situated or located on publicly owned property using any public or private money or public or private financing.Amended by 2019 Ch. 117,§ 4, eff. 8/2/2019.Amended by 2014 Ch. 378,§ 65, eff. 6/6/2014.L. 23: p. 480, § 2. CSA: C. 39, § 6. CRS 53: § 86-7-6. C.R.S. 1963: § 86-7-6. L. 75: (1) amended, p. 1427, § 1, effective June 13. L. 77: Entire section amended, p. 1712, § 1, effective June 3. L. 81: (1) amended, p. 1825, § 2, effective May 28. L. 85: (2) amended, p. 1202, § 2, effective May 10. L. 2000: (2) amended, p. 213, § 18, effective August 2. L. 2004: (1) amended p. 228, § 4, effective August 4. L. 2009: Entire section amended, (SB 09-248), ch. 1225, p. 1225, § 1, effective August 5. L. 2014: (1) amended, (HB 14-1387), ch. 1853, p. 1853, § 65, effective June 6. L. 2019: (1) amended and (3) added, (SB 19-138), ch. 495, p. 495, § 4, effective August 2. (1) For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014. (2) For the legislative declaration in SB 19-138, see section 1 of chapter 117, Session Laws of Colorado 2019.