Bonds

Colby Community College, in accordance with statute 60-1111 (Public Works Bond) and 16-1909 (Public-private agreement; bond requirements), will require a vendor to obtain a bond on any project that/which exceeds $100,000. This requirement will apply any time the College utilizes public funds or meets any of the conditions detailed below. If a project solely utilizes private funds, the Board reserves the right to still require a bond for the project, regardless of this application of the provision being more restrictive or prescriptive than the aforementioned statutes.

A bond is required if any of the following conditions are met:

• The project is for public improvements.
• Construction of any public building or repairs made to an existing facility.

The bond shall cover or be compliant with the following:

• The total cost of the contract, including indebtedness incurred for labor furnished, materials, equipment or supplies, used or consumed in connection with, or in or about the construction of such public building or in making such public improvements.
• The bond will be filed with the clerk of the district court of the county in which such public improvement is made (i.e. Thomas County).
• No lien shall be attached to the bond.
• In any case of contract for construction, repairs, or improvements for the state or a state agency under K.S.A 75-3739 or 75-374, and amendments thereto, a certificate of deposit payable to the state may be accepted in accordance with, and subject to, K.S.A. 60-1112, and amendments thereto.
• A provision allowing the prevailing party in any action on the bond to recover as a part of the judgment reasonable attorney fees and expenses, as determined by the court.
• The Kansas Fairness in Public Construction Contract Act.

[Added March 2021]