00555Prosecution And Progress

PROSECUTION AND PROGRESS

PART 1 GENERAL

1.1SECTION INCLUDES

1.2RELATED SECTIONS

1.3REFERENCES

1.4DEFINITIONS

blasting, pile driving, and jack-hammering.

authority noise ordinances.

of 10:00 PM and 7:00 AM.

1.5SUBMITTALS

Article 1.8.

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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 for subcontracts valued at or above $1,000,000. 1) Refer to http://www.udot.utah.gov/go/standardsreferences

execution of the first month's construction estimate.

Section, Article 1.9 C.

Article 1.10.

if applicable. Refer to this Section, Article 1.13.

1.6PRECONSTRUCTION MEETING AND UTILITY PRECONSTRUCTION

MEETING

utility preconstruction meeting.

may be held jointly or separately.

at least 14 calendar days before beginning work.

1.7NOTICE TO PROCEED

Department.

1.8CONTRACT SUBLETTING

contract work.

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when subletting or contracting for material hauling by truck, including from an owner-operator:

other point or place within the project.

from a point or place on the project to a point or place outside of the project.

project.

location.

an independent third-party that places and incorporates the material into the project.

Enterprise (DBE) firm.

when contracting for material hauling by truck, including from an owner-operator:

the project to a point or place outside of the project.

third-party and unloaded at a point or place on the project solely for the convenience of the supplier or transporter.

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.

in computing the percentage of subcontracted work unless otherwise designated in the subcontract.

authorized subcontracts to determine that the maximum subcontracted limitation is not exceeded.

subcontracted, divided by the total original contract amount to determine the percent of work subcontracted excluding: 1) Specialty work items.

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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.

authorized by the Engineer.

agrees to pay lower tier subcontractors within 30 days from receipt of each payment.

due to price increases or decreases using applicable price adjustment specifications for items such as fuel, asphalt, cement, and common carrier rates.

dispute resolution mechanisms to resolve payment disputes.

amount of work sublet.

1.9LIMITATION OF OPERATIONS

Wednesday, or four calendar days prior, whichever is greater before any Sunday or Category I holiday work, unless otherwise restricted in the contract.

servicing equipment, protecting work, maintaining or curing concrete, and maintaining traffic on Category II holiday.

Wednesday, or four calendar days prior, whichever is greater before any Category II holiday work, unless otherwise restricted in the contract.

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nighttime construction work.

inspection and construction operations.

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

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.

1.10CHARACTER OF WORKERS

Employ workers with the skills and experience necessary to perform the work.

improper or unskilled manner or who is unsafe, intemperate, or disorderly.

the employee.

employee to return to the project.

and sufficient personnel to perform the work.

or authorized representatives.

times that work is being performed.

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1.11PARTNERING

http://www.udot.utah.gov/go/standardsreferences.

invoices that were pre-approved by the Engineer.

pre-approved.

Mobilization payment up to $25,000 being withheld until all individuals have completed the required training.

1.12CONTRACT TIME

Proceed unless otherwise specified, or agreed to by the Engineer.

indicating the number of days expended to date and the number of days remaining for substantial completion.

explaining the Contractor’s discrepancies with the Monthly Status of Contract Time report is submitted to the Engineer within seven calendar days of receipt.

time assessments provided by the Engineer in the Monthly Status of Contract Time Report.

1.13WORK SUSPENSIONS

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.

suspensions or delays considered anomalous.

to resume work.

within the established time frame.

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.

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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

adjustment if there is disagreement with this Article.

suspensions.

roadways and portions of the project during work suspensions.

suspension.

complete the project as though the work had been continuous and without interference.

control during work suspensions at contract prices or as extra work.

1.14STOP WORK ORDERS

in part, when it is determined that the Contractor:

workers, public or nearby property.

provisions.

00820.

exist that are detrimental to the quality of the finished product

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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.

stopped work.

1.15PROJECT ACCEPTANCE

substantially and physically complete, and required documentation has been submitted.

completion date.

have been met and generate the final punch list of corrective work required.

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.

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.

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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

completion date.

been met.

identify incomplete work necessary for attaining physical completion.

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.

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; including the final documents punch list or other Contractor obligation under the contract that remains unfulfilled.

when the work is considered complete.

remaining work.

not waive the Department’s rights under the contract.

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1.16CONTRACT TERMINATION FOR DEFAULT

the contract if the Contractor:

specified.

prompt completion of the work.

approved resolution

Department.

notification from the Department.

Department's approval.

the Contractor and the Surety advising them of the actions required for remedy.

Department has full power and authority to terminate the contract.

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 contract.

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.

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.

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1.17CONTRACT TERMINATION FOR PUBLIC CONVENIENCE

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 the public interest.

conservation.

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.

agencies other than the Contractor.

are in excess of the limits therein.

services, or facilities except as approved to complete any remaining portion of the contract.

work.

proposals.

produced or acquired before the Notice of Termination.

information, and other property required to be furnished to the Department if the contract had been completed.

obtained but not yet used for the project.

property that is in the possession of the Contractor and in which the Department has or may have an interest.

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price when the Department orders termination of a contract effective on a certain date.

methods.

cost records that show actual costs.

Contractor cost records associated with such a request.

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

END OF SECTION

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