§ 43-1-1402 — Definitions

Colorado § 43-1-1402

• Jurisdiction: Colorado
• Title 43: Transportation
• Art.: General and Administrative

Text

As used in this part 14, unless the context otherwise
requires:

(1) Adjusted score design-build contract process means a process to award
contracts based on the lowest adjusted score of proposals submitted to the
department.

(2) Best value means the overall maximum value of a proposal to the
department after considering all of the evaluation factors described in the
specifications for the transportation project or the request for proposals, including
but not limited to the project schedule, innovative solutions, increased scope,
improved quality, aesthetics, sustainability, environmental impact, resilience, initial
cost, and long-term life-cycle cost of the transportation project.

(3) Design-build contract means the procurement of both the design and
the construction of a transportation project in a single contract with a single
design-build firm or a combination of such firms that are capable of providing the
necessary design and construction services. A design-build contract may also
include in the contract the procurement of the financing, operation, or maintenance
of the project.

(4) Design-build firm means any company, firm, partnership, corporation,
association, joint venture, or other entity permitted by law to practice engineering,
architecture, or construction contracting in the state of Colorado.

(4.5) Force majeure means fire, explosion, action of the elements, strike,
interruption of transportation, rationing, shortage of labor, equipment, or materials,
court action, illegality, unusually severe weather, act of God, act of war, or any
other cause that is beyond the control of the party performing work on a design-build transportation or utility relocation project and that could not have been
prevented by the party while exercising reasonable diligence.

(4.7) Project specific utility relocation agreement means an agreement
entered into by the department and a utility company for the purpose of performing
utility relocation work necessitated by a design-build transportation project. The
agreement may incorporate reasonable and appropriate conditions, including, but
not limited to, conditions for ensuring:

(a) The prompt performance of utility relocation work by either the utility
company or the contractor for the design-build transportation project, as specified
in the agreement;

(b) The cooperation of the utility company with the contractor for the design-build transportation project;

(c) The timely repayment of any funds advanced to the utility company for
the relocation construction, including interest based on the costs incurred by the
department for advancing the funds; and

(d) The payment by the utility company of any damages caused by the
company's delay in the performance of the relocation work or interference with the
performance of the project by any other contractor, except when such delay or
interference is caused by a force majeure.

(5) Transportation project means any project that the department is
authorized by law to undertake including but not limited to a highway, tollway,
bridge, mass transit, intelligent transportation system, traffic management, traveler
information services, or any other project for transportation purposes.

(6) Utility company or utility shall have the same meaning as set forth in
23 CFR 645.105.

Legislative History

Source: L. 99: Entire part added, p. 257, � 1, effective April 9. L. 2000: (4.5), (4.7), and (6) added, p. 1610, � 1, effective June 1. L. 2007: (6) amended, p. 2050, � 103, effective June 1. L. 2009: (3) amended, (SB 09-108), ch. 5, p. 55, � 17, effective March 2. L. 2025: IP and (2) amended, (HB 25-1228), ch. 248, p. 1245, � 2, effective August 6.