103Award and Execution of Contract

Award and Execution of Contract

103.1Consideration of Bids

1 After the public reading, the commission will compare bids on the basis of each bid’s summed extensions. Results will be made available to the public. The commission will give precedence to the unit bid price in the event of a discrepancy between unit bid prices and extensions.

2 The commission reserves the right to reject any or all bids, to waive bid irregularities, or to readvertise for new bids.

103.2A ward of Contract

103.2.1 General

1 Within 30 calendar days of the bid opening, the commission will do one of the following:

complies with all requirements;

before an outright award can be made; or

2 Bids may be withdrawn without penalty if the department does not act within 30 calendar days of the bid opening.

3 Results will be made available to the public.

103.2.2 Conditional Awards

1 If an award is conditional and the bidder is responsible for clearance, the award date is the date of the conditional award.

2 If an award is conditional and the department is responsible for clearance, the award date is the date the condition is cleared and the award is made. If the department does not obtain clearance within 30 calendar days of the conditional award, the bidder may withdraw the bid without penalty.

Award and Execution of Contract SECTION 103

103.2.3 Notification

1 By letter mailed to the address on the submitted bid, the commission will notify the apparent low bidder of the award of contract.

2 Contractors will be notified via WYDOT web page for the following:

103.3Cancellation of Award

1 The commission reserves the right to cancel an award before execution of the contract without liability.

103.4Release of Bid Bonds

1 The department will release all bid bonds after its receipt of a satisfactory performance bond and execution of the contract.

103.5Performance Bond

103.5.1 General

1 When the contract is executed, the department will require the successful bidder to provide a performance bond in a sum equal to the full amount of the contract. Obtain the bond on the department-provided “Performance Bond” (Form E-82).

103.5.2 MEASUREMENT and PAYMENT

1 Include the cost of the performance bond in the mobilization item.

2 At the preconstruction conference, provide the engineer with a statement from the surety indicating the cost of the bond based on the rate schedule and contract amount and a rate schedule from the surety indicating how the performance bond will be adjusted based on the final contract cost.

3 Using the surety’s rate schedule, the department will adjust the cost of the pay item for the performance bond when the difference between the final contract amount and the bid total from the submitted “Proposal” (Form E-91) represents a percentage change greater than shown in Table 103.5.2-1, Performance Bond Adjustment.

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Table 103.5.2-1 Performance Bond Adjustment Bid Total Change in Final Contract Amount Without Adjustment in Bond Costs < $500,000 ± 20% $500,000 to $2,500,000 ± 15% > $2,500,000 ± 10%

4 The department will pay for Performance Bond as follows:

Pay Item

Pay Unit Measure to the Nearest Pay to the Nearest Mobilization LS LS LS

5 The engineer will make performance bond adjustments using Item 999.06000, Adjustment of Performance Bond.

103.6Execution and Approval of Contract

1 The department will send the successful bidder a copy of the “Contract” (Form E-82A) and the “Performance Bond” (Form E-82). Sign and return a copy of each document.

2 File a Certificate of Insurance with the department’s Contracts and Estimates Program verifying that insurance coverage has been obtained for Commercial General Liability Insurance, Umbrella/Excess Liability Insurance, Business Automobile Liability Insurance, and Payment of Premium and Notice of Revocation in accordance with Subsection 107.4, Contractor’s Insurance Requirements. The department will not execute the contract until it has received the certificate and approved the insurance. Approval does not limit or affect the contractor’s liability.

3 Bidders may withdraw their bid without penalty if the department fails to execute the contract within 21 calendar days of receiving the signed documents and certificates of insurance. Contracts are not effective until executed by all parties.

103.7Bidder’s Failure to Execute Contract

1 If the bidder fails to sign and return all copies of all required documents within 30 calendar days of the award date the department may cancel the award. Such failure is also cause for forfeiture of the bid bond for liquidation of damages sustained by the department. The department may then award the contract to the qualified bidder making the next lowest responsive bid or readvertise the project.

103.8Document and Data Retention

1 Keep from the time of bid preparation through final acceptance of the project, and for at least three years afterwards, records of all information involving project costs and related

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business documents. Such data and documents include, but are not limited to, records pertaining to bid preparation, overhead, payroll, payments to suppliers and subcontractors, equipment lease agreements, and lease agreement payments. Maintain the records in an organized manner conducive to review and audit by the department. If a contract dispute arises and remains unresolved for more than three years after final acceptance, keep the records until the dispute is resolved. Actual cost documentation is required to substantiate all claims. The department will not accept estimates, averages, etc.