00820Legal Relations And Responsibility To The Public

LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

PART 1 GENERAL

1.1SECTION INCLUDES Not Used

1.2RELATED SECTIONS

1.3REFERENCES

1.4DEFINITIONS Not Used

1.5SUBMITTALS Not Used

1.6OBSERVING LAWS, RULES, AND REGULATIONS

work on the project, have jurisdiction or authority over the work, or that affect individuals engaged or employed on the project:

any jurisdiction or authority over the Contractor, subcontractors, employees and agents.

Legal Relations and Responsibility to the Public

representatives against claim or liability arising out of or caused from violations of any of the above listed items resulting from any negligent or wrongful act, error or omission, or other liability imposed by law, whether violated by employees, agents, or contractors of the following:

under their control

surroundings or under conditions that are unsanitary, hazardous, or dangerous to health or safety.

foregoing provisions.

conditions or work practices present an imminent danger that may result in serious injury, death, or extensive property damage until those conditions or practices are corrected.

the project within the specified contract completion time.

the UOSH or other legally responsible agency involved in safety and health administration without delay and without presentation of an inspection warrant to all areas of the work and project site upon presentation of proper credentials.

enumerate unlawful employment practices including:

or national origin and that define actions required for Affirmative Action and Minority/Disadvantaged Business programs.

employed by any Contractor or subcontractor performing work. Compliance must be according to provisions of USC Section 1324A and Utah Code Section 63G-12-302.

inconsistency between the contract and any law, ordinance, regulation, or order except as noted in this Section, Article 1.8.

Legal Relations and Responsibility to the Public

provisions pertaining to environmental compliance, including but not limited to things such as spills, unauthorized fill in waters of the State including wetlands, water quality standards, noise, or air quality.

Technology Services (DTS) Information Technology (IT) Director assigned to the Department before beginning any IT related activities as defined in Utah Code, Section 63F-1-102.

approval.

is the most restrictive in the use, handling, loading, transportation, and storage of explosives and blasting agents.

the use of explosives.

the proposed detonation before using any explosives.

1.7PROTECTING FORESTS

regulations of the State Fire Marshal, Conservation Commission, Forestry Department, or other authority having jurisdiction governing the protection of forests.

1.8PERMITS, LICENSES, AND TAXES

and give all notices necessary to perform the work.

1.9PATENTED DEVICES, MATERIALS, AND PROCESSES

for use of a design, device, material, or process covered by letters, patents, or copyrights.

Legal Relations and Responsibility to the Public

third party or political subdivision of the State from claims of infringement of patents, copyrights, or trademarks.

be obligated to pay as a result of an infringement during the work or after the project is completed.

1.10FEDERAL AID PARTICIPATION

provisions of lower tiered laws, rules, or regulations (for example, State).

in the contract. The U.S. Government is not a party to the contract and will not interfere with the rights of contract parties.

1.11PUBLIC CONVENIENCE AND SAFETY

regulations to protect the safety and convenience of the public and property.

barricades, and warning signs according to the TC Series Standard Drawings and Section 01554 requirements to protect the work and the public safety.

traffic.

to control and direct traffic.

work crosses or coincides with an existing road.

Traffic Control Plan.

devices.

Traffic Control Plan.

Legal Relations and Responsibility to the Public

interferes with existing access.

1.12PROTECTING AND RESTORING PROPERTY AND LANDSCAPE

public or private property. All damage as a result of trespass will be the financial responsibility of the Contractor including additional acquisition costs.

defective work, materials, or non-execution of the contract until contract completion.

construction to a condition similar or equal to that existing before the damage.

artifacts of historical or archeological significance are encountered. Refer to Section 01355.

1.13THIRD-PARTY BENEFICIARY CLAUSE

contract the right to maintain an action for damages under the contract’s provisions or to any of the rights of a third-party beneficiary.

third-party beneficiary rights to another party so long as those rights are set forth in a separate agreement and signed by all the parties to this contract and the intended third-party beneficiary.

1.14DEPARTMENT EMPLOYEES PERSONAL LIABILITY

representatives of the Department when carrying out the provisions of or exercising the power or authority granted to them under the contract.

personally or as employees of the Department for actions in their ordinary course of employment.

Legal Relations and Responsibility to the Public

1.15NO WAIVER OF LEGAL RIGHTS UPON COMPLETION

acceptance upon completion of the work.

measurement, estimate, or certificate made before or after completion of the work.

Contractor or Surety or both, overpayment sustained for failure of the Contractor to fulfill the obligations under the contract.

contract is not held as a waiver of any other or subsequent breach.

mistakes as may amount to fraud or as regards to the Department’s rights under any warranty or guaranty without prejudice to the terms of the contract even after completion.

1.16RESPONSIBILITY FOR DAMAGE CLAIMS

Department, and their officers, agents, and employees from and against all claims, demands, damages, and causes of action of every kind or character on account of bodily injuries, death, or damage to property arising out of, resulting from, or in any way connected with the performance of the contract to the extent allowed by law.

of or resulting from the contract work.

interests of the Department or may choose to have separate counsel.

expenses if it employs its own counsel.

determination by the court of the proportionate liability for the claim.

while the Contractor pays 40 percent, if the court finds the Department to be 60 percent liable for the claim and the Contractor 40 percent liable, for example.

Legal Relations and Responsibility to the Public

copy of the summons and complaint within a reasonable time if served with a lawsuit or Notice of Claim.

Department until receiving written notice that the Department chooses to have the Contractor handle the defense.

timely manner allowing the Contractor adequate time to respond to the summons.

privileges and ethical rules if the parties have separate counsel.

companies authorized to do business in Utah, rated “A” or better and with a financial size category of Class VII or larger by A.M. Best Company, at the time of contract execution.

submitted whether the claim is granted or denied.

claims of $5,000 or less.

1) Claimants must direct their appeals to the Department’s Risk Management Division at the following contact information: Department’s Risk Management Division 4501 South 2700 West P.O. Box 148112 Salt Lake City, UT 84114-8430 Phone: (801) 965-4096 Email: udotreexamclaims@utah.gov 2) The time deadline for submitting appeals for claim re- examination is seven days after notification of claim denial or partial denial. 3) Department project number, project identification number (PIN) and location.

the claimant is not notified within 30 days or of the right to appeal.

was submitted, whether the claim is granted or denied.

Legal Relations and Responsibility to the Public

determination if more than 30 days is needed to fully review the submitted claim. Maintaining continued contact with the claimant every 30 days until the claim is granted or denied.

and may result in the denial being overturned by the Risk Management Division.

small claims court, justice court, or district court.

disputes regarding claim denials or partial denials from an insurance carrier.

by the Contractor, Insurance Carrier, Claimant, and the Department to determine if evidence provided could result in the overturn of a claim denial.

discretion, hold in-person or telephonic hearings for claims that are determined by the Risk Management Division to show insufficient cause to potentially overturn a claim denial.

from the Contractor and the Claimant, and review documents or other evidence provided to the Risk Management Division before the hearing.

intervene in a re-examination before the Risk Management Division.

as possible.

final.

that the Contractor’s liability insurance carrier denied but are directed to be paid by the Department’s Risk Management Division.

1.17INSURANCE REQUIREMENTS

Insurance Program #2 for projects where OCIP is required. Include cost for the applicable insurance program in the bid prices.

Legal Relations and Responsibility to the Public

Provide insurance according to the following:

liability. Comply with the statutory limits defined by the State of Utah as a minimum.

minimum limits of liability: 1) $1 million Bodily Injury and Property Damage – Each Accident 2) $3 million General Aggregate 3) $3 million Products and Complete Operations Annual Aggregate

from the ownership, maintenance, or use of motor vehicles involved in project work with the following minimum limits: 1) $1 million combined single limit bodily injury and property damage per occurrence.

departments, authorities, and instrumentalities, and while acting within the scope of their duties, all volunteers as well as members of governing bodies, boards, commissions, and advisory committees as Additional Insured where and when applicable in respect to work to be performed under this contract.

“Insurance coverage is extended to include claims reported up to one year beyond the date of substantial completion of this contract.”

Legal Relations and Responsibility to the Public

they are covered as required by Insurance Program #1, before entering the project site or beginning project work. The certificates will also state that the policies required are endorsed to give the Engineer not less than 30 days notice before cancellation or change in coverage. The Department may object within five days of receiving written notice that the Contractor intends to cancel its insurance or change coverage to the extent that it does not comply with the contract requirements. The Department may cancel this contract immediately or sue for an injunction or any other legal remedy to require Contractor to keep its current coverage if Contractor cancels coverage or changes coverage despite that objection.

this section, insolvency, bankruptcy, or failure of any insurance company to pay all claims accrued does not relieve Contractor of any obligations.

Department.

certificates need to be modified within 10 calendar days so as to give the Department the required endorsements if the Department discovers that the Contractor’s policies are not endorsed to the Department.

specified in Section 00555 if certificates are not obtained.

The Contractor must participate in the Department Owner Controlled Insurance Program (OCIP).

General Conditions for coverage limits and conditions.

1.18AIR QUALITY PROTECTION

Legal Relations and Responsibility to the Public

Air Quality Permit for the project. Permit application forms can be obtained from DAQ’s Web site. Refer to http://www.udot.utah.gov/go/standardsreferences.

Utah Division of Air Quality 195 North 1950 West PO Box 144820 Salt Lake City, UT 84116 Phone: (801) 536-4000 Fax: (801) 536-4099

Approval Order, Notice of Intent to Approve letter, or a Temporary Approval Order for the project, process, or equipment to be used.

1.19GRATUITIES

whatsoever to any employee or officer of the Department; nor rent or purchase any equipment or materials from any employee or officer of the Department.

Employees’ Ethics Act, Utah Code Procurement Code, Utah Code §§ 63G- 6a-101 et seq., both of which regulate gifts to State officers and employees.

estimate certifies compliance with this provision.

1.20PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT

Public Law 115–232, § 889 and 2 CFR § 200.216.

PART 2 PRODUCTS Not Used

PART 3 EXECUTION Not Used

END OF SECTION

Legal Relations and Responsibility to the Public