Part 1 — General
1.1 SECTION INCLUDES Not Used
1.2 Related Sections
A.Section 00555: Prosecution and Progress
B.Section 01355: Environmental Compliance
C.Section 01554: Traffic Control
1.3 References
A.Code of Federal Regulations (CFR)
B.UDOT Safety and Health Manual
C.UDOT Owner Controlled Insurance Program (OCIP)
D.United States Code (USC)
E.Utah Code
F.Utah Occupational Safety and Health (UOSH)
1.4 DEFINITIONS Not Used
1.5 SUBMITTALS Not Used
1.6 Observing Laws, Rules, and Regulations
A.Observe and comply with all of the following that affect the conduct of work on the project, have jurisdiction or authority over the work, or that affect individuals engaged or employed on the project:
1.Federal , State , and Tribal regulations and administrative rules .
2.Orders and decrees of bodies , tribunals or health officials having any jurisdiction or authority over the Contractor, subcontractors, employees and agents .
3.UDOT Safety and Health Manual
B.Indemnify, defend, and save harmless the State, the Department , and 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, age nts, or contractors of the following:
1.Contractor
2.Subcontractors at any tier
3.Suppliers of materials or services
4.Design professionals engaged by the Contractor and persons under their control
5.Any others contracted by the Contractor or subcontractors
C.Do not require employees of the Contractor or subcontractor to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to health or safety.
1.Immediately correct any conditions that do not comply with the foregoing provisions.
a.The Engineer issues a stop work order when either site 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.
b.A stop work order does not provide relief from completing the project within the specified contract completion time.
D.Allow access to all areas of work on the project and admit any inspector of 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.
E.Comply with Federal, State and local laws, rules, and regulations that enumerate unlawful employment practices including:
1.Discrimination because of race, religion, color, sex, age, disability, or national origin and that define actions required for Affirmative Action and Minority/Disadvantaged Business programs.
2.Employment and verification of employment eligibility of all people employed by any Contractor or sub contractor performing work. Compliance must be according to provisions of USC Section 1324A and Utah Code Section 63G -12-302.
F.Immediately notify the Engineer upon discovering any discrepancy or inconsistency between the contract and any law, ordinance, regulation, or order except as noted in this Section, A rticle 1.8.
G.Immediately notify the Engineer of any deviation from the contract 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.
H.Coordinate with and receive approval from the Utah Department of 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.
1.Do not engage in software development without such prior approval.
I.Comply with CFR, UOSH –or UDOT Safety and Health Manual , whichever is the most restrictive in the use, handling, loading, transportation, and storage of explosives and blasting agents.
1.Do not endanger life, property, or work with the use of explosives.
2.Accept liability for property damage, injury, or death resulting from the use of explosives.
3.Notify property owners and public utility companies in the vicinity of the proposed detonation before using any explosives.
1.7 Protecting Forests
A.Perform work within or adjacent to State or National Forest under regulations of the State Fire Marshal, Conservation Commission, Forestry Department, or other authority having jurisdiction governing the protection of forests.
B.Prevent and assist with the suppression of forest fires.
C.Cooperate with responsible forestry officials.
1.8 Permits, Licenses, and Taxes
A.Acquire all permits and licenses; pay applicable charges, fees, and taxes; and give all notices necessary to perform the work.
1.9 Patented Devices, Materials, and Processes
A.Provide proof of legal agreement with the patentee or owner, if necessary, for use of a design, device, material, or process covered by letters, patents, or copyrights.
B.Indemnify , defend, and save harmless the Department and any affected third party or political subdivision of the State from claims of infringement of patents, copyrights, or trademarks.
C.Indemnify the Department for costs, expenses, and damages, that it may be obligated to pay as a result of an infringement during the work or after the project is completed.
1.10 Federal Aid Participation
A.Federal requirements of a federally assisted contract supersede conflicting provisions of lower tiered laws, rules, or regulations (for example, State) .
B.Federal officials may inspect the work when there is Federal participation in the contract. The U.S. Government is not a party to the contract and will not interfere with the rights of contract parties.
1.11 Public Convenience and Safety
A.Perform work with minimal obstruction to traffic.
B.Follow the safety provisions of all applicable laws, rules, codes, and regulations to protect the safety and convenience of the public and property.
C.Provide, erect, and maintain all traffic control devices such as barriers, barricades, and warning signs according to the TC Series Standard Drawings and Section 01554 requirements to protect the work and the public safety.
1.Use barriers and barricades to delineate highway sections closed to traffic.
2.Illuminate obstructions during darkness and provide warning signs to control and direct traffic.
D.Erect warning signs for work that may interfere with traffic , or where new work crosses or coincides with an existing road.
1.Place and maintain warning signs according to the authorized Traffic Control Plan.
2.Obtain approval before dismantling or removing traffic control devices.
E.Pedestrians
1.Place and maintain warning signs according to the authorized Traffic Control Plan.
2.Provide ADA compliant access in areas where construction interferes with existing access.
1.12 Protecting and Restoring Property and Landscape
A.Preserve public and private property during the work.
B.Secure legal right to access the property before any work is performed on public or private property. All damage as a result of trespass will be the financial responsibility of the Contractor including additional acquisition costs.
C.Accept liability for any damage to public or private property resulting from defective work, materials, or non- execution of the contract until contract completion.
D.Restore damaged property and items removed temporarily during construction to a condition similar or equal to that existing before the damage.
E.Temporarily discontinue work if remains of prehistoric dwelling sites or artifacts of historical or archeological significance are encountered. Refer to Section 01355.
1.13 Third- Party Beneficiary Clause
A.Department contract s do not authorize anyone who is not a party to the 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.
B.Department contract s do not prohibit the parties from agreeing to provide 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.
1.14 Department Employees Personal Liability
A.The Department’s authorized representatives act solely as agents and representatives of the Department when carrying out the provisions of or exercising the power or authority granted to them under the contract.
B.The Department’s authorized representatives are not liable either personally or as employees of the Department for actions in their ordinary course of employment.
1.15 No Waiver of Legal Rights Upon Completion
A.The Department makes final inspection and notifies the Contractor of acceptance upon completion of the work .
1.Acceptance does not prevent the Department from correcting any measurement, estimate, or certificate made before or after completion of the work.
2.The Department is not prevented from recovering from the Contractor or Surety or both, overpayment sustained for failure of the Contractor to fulfill the obligations under the contract.
3.A waiver from the Department for any breach of any part of the contract is not held as a waiver of any other or subsequent breach.
B.Assume liability to the Department for latent defects, fraud, or such gross 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.
1.16 Responsibility for Damage Claims
A.Protect , indemnify, defend and save harmless the State of Utah, the 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, resulti ng from, or in any way connected with the performance of the contract to the extent allowed by law.
B.Defend the Department against all third party or other lawsuits arising out of or resulting from the contract work.
1.The Department may require that the Contractor represent the interest s of the Department or may choose to have separate counsel.
2.The Department pays for its own attorneys’ fees, costs, and expenses if it employs its own counsel.
3.Total defense costs will be apportioned accordingly upon determination by the court of the proportionate liability for the claim.
a.The Department pays 60 percent of the total defense costs 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.
C.The Contractor and the Department will agree to provide each other with a copy of the summons and complaint within a reasonable time if served with a lawsuit or Notice of Claim.
1.Contractors may not file a responsive pleading on behalf of the Department until receiving written notice that the Department chooses to have the Contractor handle the defense.
2.The Department will provide the Contractor such written notice in a timely manner allowing the Contractor adequate time to respond to the summons.
D.All parties agree to cooperate to the fullest extent possible subject to privileges and ethical rules if the parties have separate counsel.
E.Provide insurance as defined in this Section from reliable insurance 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.
F.Notify the claimant in writing within 30 days from the date the claim is submitted whether the claim is granted or denied.
1.Failure to notify the claimant will be considered a denial.
2.Notify claimants of their right to appeal denied or partially denied claims of $5,000 or less.
a.Provide the following information to the claimant: 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.
3.The Department may overturn the Contractor’s denial of the claim if the claimant is not notified within 30 days or of the right to appeal.
4.Notify the claimant in writing within 30 days from the day the claim was submitted, whether the claim is granted or denied.
a.Notify the claimant of the anticipated timeframe for a 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.
b.Failure to respond in 30 days may be considered a denial and may result in the denial being overturned by the Risk Management Division.
c.The Risk Management Division may waive a time deadline.
5.The Claims Re -Examination Board will not review claims filed in the small claims court, justice court, or district court.
G.Cooperate with the Department’s Risk Management Division in resolving disputes regarding claim denials or partial denials from an insurance carrier.
1.The Risk Management Division will review documentation prepared by the Contractor, Insurance Carrier, Claimant, and the Department to determine if evidence provided could result in the overturn of a claim denial. a) The Claims Re -Examination Board may, at its sole 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. b) The Claims Re -Examination Board may hear statements from the Contractor and the Claimant, and review documents or other evidence provided to the Risk Management Division before the hearing.
2.Neither the insurance carrier nor the Contractor has the right to intervene in a re- examination before the Risk Management Division.
3.The Risk Management Division decides the claim as expeditiously as possible.
4.The decision by the Risk Management Division is administratively final.
H.The Department may deduct from the Contractor’s pay estimate, claims that the Contractor’s liability insurance carrier denied but are directed to be paid by the Department’s Risk Management Division .
1.17 Insurance Requirements
A.Use Insurance Program #1 for projects where OCIP is not required. Use Insurance Program #2 for projects where OCIP is required. Include cost for the applicable insurance program in the bid prices.
B.Insurance Program #1 Provide insurance according to the following :
1.Workers’ Compensation Insurance
a.Provide Workers’ Compensation Insurance to cover full liability. Comply with the statutory limits defined by the State of Utah as a minimum.
2.General Liability Insurance
a.Provide General Liability insurance with the following 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
3.Automobile Liability Insurance
a.Provide Automobile Liability Insurance for claims arising 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.
4.Provide the following for all required liability insurance policies:
a.Name the State of Utah and all institutions, agencies, 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 committee s as Additional Insured where and when applicable in respect to work to be performed under this contract.
b.Incorporate into the insurance policy this statement: “Insurance coverage is extended to include claims reported up to one year beyond the date of substantial completion of this contract.”
5.Provide the Department with certificates of insurance showing that 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 wi thin 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.
6.Regardless of the Contractor insurance requirements required in this section, insolvency, bankruptcy, or failure of any insurance company to pay all claims accrued does not relieve Contractor of any obligations.
7.Endorse all policies to include waivers of subrogation in favor of the Department.
8.The Engineer gives the Contractor written notice that the 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.
a.Provide new certificates to the Engineer at that time.
b.The Department may terminate the Contract for Default as specified in Section 00555 if certificates are not obtained.
C.Insurance Program #2 The Contractor must participate in the Department Owner Controlled Insurance Program (OCIP).
1.Refer to http://www.udot.utah.gov/go/standardsreferences for OCIP General Conditions for coverage limits and conditions .
1.18 Air Quality Protection
A.Refer to Section 01355.
B.Contact the Utah Division of Air Quality (DAQ) and obtain the appropriate 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
C.Do not proceed with work affecting air quality without an Air Quality Approval Order, Notice of Intent to Approve letter, or a Temporary Approval Order for the project, process, or equipment to be used.
1.19 Gratuities
A.Do not extend any loan, cash gratuity, or gift of money in any form 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.
B.Comply with all applicable sections of the Utah Public Officers’ and Employees’ Ethics Act, Utah Code Procurement Code, Utah Code §§ 63G - 6a-101 et seq., both of which regulate gifts to State officers and employees.
C.The C ontractors signature on progress pay estimate’s and the final pay estimate certifies compliance with this provision.
1.20 Prohibition On Certain Telecommunications and Video
SURVEILLANCE SERVICES OR EQUIPMENT
A.The Contractor certifies conformance and continued conformance with Public Law 115– 232, § 889 and 2 CFR § 200.216.
Part 2 — PRODUCTS Not Used
Part 3 — EXECUTION Not Used
Source: Utah Standard Specifications for Road and Bridge Construction, 2026 Edition. Pages 114–124 of 1,331.