Part 1 — General
1.1 Section Includes
A.Prosecuti on of the contract and progressi on of work
1.2 Related Sections
A.Section 00777: Change Management
B.Section 00820: Legal Relations and Responsibility to the Public
C.Section 01282: Payment
D.Section 01355: Environmental Compliance
1.3 References
A.Utah Transportation Code
1.4 Definition S
A.Percussive Noise – Short bursts of noise including but not limited to blasting, pile driving, and jack -hammering.
B.Temporary Noise Permits – A temporary exception to local jurisdictional authority noise ordinances.
C.Nighttime Construction Work – Construction occurring between the hours of 10:00 PM and 7:00 AM.
1.5 Submittals
A.Request to Sublet for each subcontractor for review – Refer to this Section, Article 1.8.
1.Include full copy of executed subcontract.
a.Include all required federal and state provisions
b.Include the A ctuar y/Underwriter Statement of Compliance that demonstrates the subcontractor has and will maintain an offer of “ Qualified Health Coverage” to employees and dependents of employees as required by Utah Transportation Code 72-6- 107.5 f or subcontract s valued at or above $1,000,000 . 1) Refer to http://www.udot.utah.gov/go/standardsreferences
B.Partnering Certificates for information for all required personnel before execution of the first month's construction estimate.
C.Request to work on Category II Holidays, for approval. Refer to this Section, Article 1.9 C.
D.Request to reinstate removed employee , for review. Refer to this Section, Article 1.10.
E.C- 119A UDOT Team Rating Form before contract completion
F.Request for a contract adjustment for suspensions or delays for approval , if applicable . Refer to this Section, Article 1.13.
1.6 Preconstruction Meeting and Utility Preconst Ruction
MEETING
A.Contact the Engineer to schedule the preconstruction meeting and the utility preconstruction meeting.
1.T he Preconstruction meeting and Utility Preconstruction meeting may be held jointly or separately.
2.The Preconstruction and Utility Preconstruction meetings are held at least 14 calendar days before beginning work .
1.7 Notice To Proceed
A.Do not proceed with work until in recei pt of Notice to Proceed from the Department .
B.Notify the Engineer at least seven calendar days before beginning work.
1.8 Contract Subletting
A.Obtain authorization to sublet, sell, transfer, or assign any portion of the contract work .
1.Provide a full copy of the executed subcontract
2.An authorized request for subletting is required for the following when subletting or contracting for material hauling by truck, including from an owner -operator:
a.Hauling from any point or place within the project to any other point or place within the project.
b.Hauling material that is not the property of the contractor from a point or place on the project to a point or place outside of the project.
c.Hauling from a site of work location to a point or place on the project.
d.Hauling from a point or place on the project to a site of work location.
e.Hauling is performed by a commercial materials supplier or an independent third- party that places and incorporates the material into the project.
f.Hauling is performed by a Disadvantaged Business Enterprise (DBE) firm.
3.An authorized request for subletting is not required for the following when contracting for material hauling by truck, including from an owner -operator:
a.Hauling Contractor -owned materials from a point or place on the project to a point or place outside of the project.
b.Hauling is performed by a commercial materials supplier or a third-party and unloaded at a point or place on the project solely for the convenience of the supplier or transporter .
c.A DBE trucking company leases additional trucks. 1) Provide lease agreement to the Engineer before work. 2) Refer to Part VI Bid Conditions Disadvantaged Business Enterprise (DBE) Section F. Count DBE Participation Towards Goals for Performance.
B.Sublet no more than 70 percent of the total contract amount.
1.T he Department considers an item as subcontracted in its entirety in computing the percentage of subcontracted work unless otherwise designated in the subcontract.
a.The Department uses the accumulated percentages of all authorized subcontracts to determine that the maximum subcontracted limitation is not exceeded.
b.The Department uses the total dollar amount of the items subcontracted, divided by the total original contract amount to determine the percent of work subcontracted excluding: 1) S pecialty work items .
C.Subcontracts do not relieve liability under the contract and bonds.
1.Accept liability for any claims for damages or liability resulting from an act or omission of any person who carries out work as part of the contract with the Department , whether the working relationship is through a formal subcontract or carried out by an informal, unwritten agreement. Indemnify the Department for any damages or liability, including attorney’s fees and court costs that may be incurred by such a person.
D.Do not allow subcontracted work to begin until the request to sublet is authorized by the Engineer.
E.Provide in s ubcontracts :
1.Include a prompt payment provision stating that each subcontractor agrees to pay lower tier subcontractors within 30 days from receipt of each payment .
2.A statement describing the method of distribution of any adjustment due to price increases or decreases using applicable price adjustment specifications for items such as fuel, asphalt, cement, and common carrier rates.
3.Language that provides for the use of appropriate alternative dispute resolution mechanisms to resolve payment disputes.
F.Supply all necessary resources to complete the contract regardless of the amount of work sublet.
1.9 Limitation of Operations
A.Minimize interference with traffic during performance of the work.
B.Sunday and Category I Holiday Work
1.Provide advance notice to the Engineer no later than noon on Wednesday , or four calendar days prior, whichever is greater before any Sunday or Category I holiday work, unless otherwise restricted in the contract.
C.Category II H oliday Work
1.Do not perform any work without approval except for repairing or servicing equipment, protecting work, maintaining or curing concrete, and maintaining traffic on Category II holiday.
2.Provide notice to the Engineer no later than noon on the Wednesday , or four calendar days prior, whichever is greater before any Category I I holiday work, unless otherwise restricted in the contract.
D.Night time Construction Work
1.Notify the Engineer at least five calendar days before starting night time construction work .
2.Provide adequate lighting for safely performing satisfactory inspection and construction operations.
3.Minimize noise during Nighttime Construction Work.
a.Comply with temporary noise permit conditions 1) Notify the Engineer and local government authority two weeks in advance of percussive noise activity . 2) Nonconformance with temporary noise permit conditions will result in disincentive according to Section 01355.
b.Obtain required temporary noise permits for: 1) Nighttime construction work within the project construction limits for activities not covered by the Department ’s temporary noise permit . 2) Activities outside of the project limits such as off -site batch plants and gravel pits.
1.10 Character of Workers
A.Provide sufficient resources to complete all work according to the contract . Employ workers with the skills and experience necessary to perform the work.
B.Remove from the project any employee who performs the work in an improper or unskilled manner or who is unsafe, intemperate, or disorderly.
1.The Engineer may stop work for the Contractor’s failure to remove the employee.
2.Obtain the Engineer ’s authorization before allowing a removed employee to return to the project .
C.The Engineer may stop work for the Contractor’s failure to furnish suitable and sufficient personnel to perform the work.
D.Employ a competent superintendent who is:
1.Experienced with the work being performed
2.Capable of reading and understanding the contract documents
3.Authorized to act as an agent for the Contractor
4.Authorized to execute instructions and directions from the Engineer or authorized representatives.
E.An authorized agent of the Contractor must be at the project site at all times that work is being performed.
1.11 Partnering
A.Implement partnering according to the Partnering Field Guide. Refer to http://www.udot.utah.gov/go/standardsreferences .
1.The Department will reimburse 100 percent of formal partnering invoices that were pre- approved by the Engineer.
a.The Department will not reimburse invoices that were not pre-approved.
2.Failure to comply will result in 25 percent of the first estimate’s Mobilization payment up to $25,000 being withheld until all individuals have completed the required training.
1.12 Contract Time
A.Contract time begins 10 calendar days after the date of the Notice to Proceed unless otherwise specified, or agreed to by the Engineer .
B.The Engineer furnishes a Monthly Status of Contract Time Report, indicating the number of days expended to date and the number of days remaining for substantial completion.
1.This statement is considered correct unless a documented protest explaining the Contractor’s discrepancies with the Monthly Status of Contract Time report is submitted to the Engineer within seven calendar days of receipt.
2.Failure to file a protest within the allotted time is acceptance of the time assessments provided by the Engineer in the Monthly Status of Contract Time Report.
1.13 Work Suspensions
A.The Engineer may give written notice to suspend all or any portion of work for any reason at any time during the contract for the mutual benefit of the Department and the Contractor . Do not resume work until notification is received from Engineer.
1.Submit a request to the Engineer for a contract adjustment for suspensions or delays considered anomalous .
a.Submit the request within seven calendar days of the notice to resume work.
b.Contract adjustment is made only for requests submitted within the established time frame.
c.The Department does not allow a contract adjustment 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 contract term or condition.
d.Contract adjustment is made as specified in Section 00777 if both parties agree that the suspension: 1). Increased the cost or time required for the performance of the contract. 2). Resulted from conditions beyond control of the Department or the Contractor . 3). Was not caused by normal weather . 4). Was not due to failure to correct conditions unsafe for the workers or the general public
2.Contract time charges will not accrue during work suspensions.
B.Contractor may pursue a claim for additional compensation or contract adjustment if there is disagreement with this Article.
C.Maintain Traffic during a suspension
1.Prepare the project for traffic flow during anticipated work suspensions.
2.Maintain all required traffic control devices.
3.The Department performs snow removal activities on temporary roadways and portions of the project during work suspensions.
4.Repair or replace all work or materials lost or damaged during the suspension.
5.Remove work or materials used for temporary maintenance and complete the project as though the work had been continuous and without interference.
6.The Department pays for maintenance required by events beyond control during work suspensions at contract prices or as extra work.
1.14 Stop Work Orders
A.S top Work Order:
1.The Engineer has the authority to stop work on a project , wholly or in part, when it is determined that the Contractor:
a.Does not remedy c onditions that threaten the safety of the workers, public or nearby property.
b.Does not perform work properly or comply with contract provisions.
c.Does not comply with the Engineer’s orders.
d.Does not keep insurance coverage according to Section 00820.
e.Does not provide adequate workers or equipment .
f.Performs work when unsuitable weather or soil conditions exist that are detrimental to the quality of the finished product
2.The Engineer will provide a written Stop Work Order, within 24 hours of verbal notification, that describes the reason for ordering work to stop and what actions need to be taken or how conditions need to change before work may resume.
3.Do not resume work until notified by the Engineer.
4.Contract time charges will continue to accrue during periods of stopped work.
1.15 Project Acceptance
A.Acceptance is achieved when work is conformant, found to be substantially and physically complete , and required documentation has been submitted.
B.S ubstantial Completion
1.Notify the Department two weeks prior to anticipated substantial completion date.
2.Notify the Department the day of substantial completion.
a.Contract time charges stop.
3.The Department will schedule a final inspection to: a. C onfirm that the requirements for substantial completion have been met and generate the final punch list of corrective work required.
b.Determine that the project is not substantially complete and identify incomplete work necessary for attaining substantial completion. 1) Contract time charges resume upon receipt of notification. 2) No additional notification of anticipated substantial completion is required unless otherwise specified.
4.Achieve substantial completion within the specified contract time. The Department deducts the sum specified in Table 1 from any money due for each calendar or working day , after the specified contract time including time extensions until substantial completion is attained. Table 1 Schedule of Liquidated Damages Original Contract Amount Daily Charge From More Than To and Including $0 $100,000 $560 100,000 500,000 930 500,000 1,000,000 1,200 1,000,000 5,000,000 1,570 5,000,000 10,000,000 2,130 10,000,000 30,000,000 2,430 30,000,000 4,870
C.Physical Completion
1.Notify the Department one week before anticipated physical completion date.
2.Notify the Department the day of physical completion.
3.The Department will schedule a final inspection to:
a.Confirm that the requirements for physical completion have been met .
b.Determine that the project is not physically complete and identify incomplete work necessary for attaining physical completion.
4.Achieve physical completion no later than 30 calendar days after receipt of the final punch list . $560 per day in disincentive will be deducted from any money due for each calendar day beyond the 30 calendar days limit necessary for physical completion.
D.Achieve contract completion no later than 30 calendar days after receipt of notification of physical completion. The Department deducts $100 per day in disincentive from any money due for each calendar day beyond 30 calendar days following receipt of notification of physical completion ; includ ing the final documents punch list or other Contractor obligation under the contract that remains unfulfilled.
E.Partial Acceptance
1.The Contractor may request acceptance of a portion of the work when the work is considered complete.
2.Partial acceptance neither voids nor alters any contract terms for remaining work .
F.Continuing and completing the work after the contract time expires does not waive the Department’s rights under the contract.
1.16 Contract Termination for Default
A.The Department may declare the Contractor to be in default and terminate the contract if the Contractor:
1.Does not begin the work under the contract within the time specified.
2.Does not perform the work with sufficient resources to secure the prompt completion of the work.
3.Does not meet contract work requirements and neglects or refuses approved resolution
4.Stops work; unless a stop work order has been issued by the Department .
5.Does not resume stopped work within the time specified upon notification from the Department.
6.Becomes insolvent , is bankrupt , or commits related acts.
7.Is non -responsive to final third- party judgments.
8.Makes an assignment for the benefit of creditors without the Department's approval.
9.Is a party to fraud.
B.The Department may declare the Contractor in default by written notice to the Contractor and the Surety advising them of the actions required for remedy.
C.Comply with the written notice within 10 calendar days of receipt or the Department has full power and authority to terminate the contract.
D.The Department may appropriate or use any or all materials at the project site and enter into another contract for completion of the work according to the terms and provisions thereof or use such methods as determined by the Department to complete the c ontract.
E.All costs and charges incurred by the Department, including the cost of completing the work under the contract, are deducted from money owed or that may be owed the Contractor. The Contractor and Surety are liable and must pay the Department for the difference if the cost exceeds the sum that would have been payable under the contract.
F.T he rights and obligations of the parties will be the same as if the termination had been issued for public convenience if it is determined after termination of the Contractor’s right to proceed that the Contractor was not in default.
1.17 Contract Termination for Public Convenience
A.The Department may terminate the contract or any portion thereof after determining that for reasons beyond the Contractor’s or the Department’s control, the Contractor is prevented from proceeding with or completing the work and that termination is in t he public interest.
B.Reasons for termination may include but are not limited to:
1.Executive Orders of the President or State Governor.
2.National emergency that creates a serious shortage of materials.
3.Orders from duly constituted authorities relating to energy conservation.
4.Restraining orders or i njunctions obtained by third- party citizen action resulting from national or local environmental protection laws or where the issuance of such order or injunction is primarily caused by acts or omissions of persons or agencies other than the Contractor.
5.Court restraining orders based on acts or omissions of persons or agencies other than the Contractor.
6.Fuel or asphalt cost adjustments according to Section 01282 that are in excess of the limits therein.
7.Conditions determined to be in the best interest of the Department.
C.Upon receipt of Notice of Termination, immediately:
1.Stop work as specified.
2.Do not enter into any further subcontracts or order materials, services, or facilities except as approved to complete any remaining portion of the contract.
3.Terminate all subcontracts to the extent they relate to terminated work.
4.Settle all outstanding liabilities and termination settlement proposals.
5.Transfer title and deliver to the Department:
a.Complete and partially complete work and all materials produced or acquired before the Notice of Termination .
b.Completed or partially completed plans, drawings, information, and other property required to be furnished to the Department if the contract had been completed.
6.Complete work not terminated.
7.Coordinate a time and date with the Engineer to inventory materials obtained but not yet used for the project.
8.Take all necessary or directed actions to protect contract -related property that is in the possession of the Contractor and in which the Department has or may have an interest.
D.The Department pays for :
1.All completed items of work as of that date at the contract pay item price when the Department orders termination of a contract effective on a certain date.
2.Partially completed work either at agreed prices or by force account methods.
E.Support all claimed cost s associated with contract termination with internal cost records that show actual costs.
1.The Department reserves the right to obtain and review all Contractor cost records associated with such a request.
F.Termination of a contract or portion thereof does not relieve the Contractor of contractual responsibilities for the work completed or relieve the Surety of its obligation for and concerning any just claim arising out of the work performed.
Part 2 — PRODUCTS Not Used
Part 3 — EXECUTION Not Used
Source: Utah Standard Specifications for Road and Bridge Construction, 2026 Edition. Pages 41–52 of 1,331.