103.01 103-1 SECTION 103 OF CONTRACT
103.01 Consideration of Proposals . After the proposals (bids) are opened and read, they will
be evaluated, and the Contract awarded or rejected per the “Rules” referenced in subsection 102.01. The low responsible bidder shall submit a completed CONTRACTORS PERFORMANCE CAPABILITY STATEMENT, Form 605, and a completed ASSIGNMENT OF ANTITRUST CLAIMS, Form 621, to the Award Officer before 4:30 P.M. on the fifth calendar day after the bid opening. To be eligible for contracting with CDOT, the apparent low responsible bidder shall have an account in the B2GNow software system. Failure to submit the Forms 605 and 621 and to have an account in the B2GNow software system may result in the denial of award to the apparent low responsible bidder and forfeiture of the proposal guaranty.
103.02 Award of Contract . If the Contract is awarded, the award will be made within 30
calendar days after the opening of proposals to the lowest bidder whose proposal complies with all the requirements prescribed. The successful bidder will be notified in writing of the acceptance of the proposal and the award of the Contract.
103.03 Requirement of Contract Bonds . At the time of the execution of the Contract, the
successful bidder shall furnish a Contract Payment Bond and a Contract Performance Bond. Each bond shall be in a penal sum equal to the nearest integral one hundred dollars in excess of the sum of the original bid items plus all force account items specified in the project special provisio ns to be included in the payment and performance bonds. The Contract Payment Bond and the Contract Performance Bond shall remain in full force and effect for the term of the Contract. The bonds and the security shall be acceptable to the Department.
103.04 Execution and Approval of Contract . The Contract shall be signed and returned by the
successful bidder together with the contract bonds, within 15 days after the date of award. If the signed Contract and bonds are returned by the successful bidder within 15 days after award and, if the Contract is not executed by the Department within 30 d ays from date of award, the bidder shall have the right to withdraw the proposal without penalty. The Contract will not be considered effective until it has been fully executed by all of the parties to the Contract. 103.04 103-2 THIS PAGE INTENTIONALLY LEFT BLANK 104.01 104-1 SECTION 104 SCOPE OF WORK
104.01 Intent of Contract. The Contractor shall complete the work described and furnish all
labor, materials, equipment, tools, transportation, and supplies required to complete the work per the Contract. Alterations of plans or the nature of the work will not involve or require work beyond the termini of the original project, until a C ontract Modification Order has been executed.
104.02 Differing Site Conditions, Suspensions of Work, and Significant Changes in the
Character of Work .
a.Differing Site Conditions . During the progress of work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the party d iscovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment tha t results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.
b.Suspensions of Work Ordered by the Engineer. If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additiona l compensation, contract time, or both are due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within seven calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the Engineer will evaluate the Contractor’s request. If the Engineer agrees that the cost, time required, or both for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions bey ond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the Contract in writing accordingly. The Engineer w ill notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. No Contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of this Contract.
Source: Colorado Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 35–36 of 943.