A06 0040527612_Specs_UDOTStandardsSpecifications.pdf

Utah Department of Transportation

2017 Standard Specifications For Road and Bridge Construction

January 1, 2017

Implementation 01-09-2017

Digitally signed by Randall R Park Date: 2017.01.09 10:01:59 -07'00'

Introduction

These Standard Specifications are for use in Utah Department of Transportation construction contracts. The book incorporates all Supplemental Specifications approved for the 2012 Standard Specification Book and all approved changes in preparing the 2017 Edition.

The Standard Specifications are written to the Contractor. They define the Contractor’s responsibility, what the Contractor is expected to provide, and the Department’s expectations. All actions are to be performed by the Contractor unless otherwise noted.

Supplemental Specifications may revise the requirements in these Specifications.

A Special Provision may revise the Standard for a specific contract.

References Standard Specifications are available at:

http://www.udot.utah.gov/go/2017standards

Web references within these Standards are listed at http://www.udot.utah.gov/go/standardsreferences.

Reference to external publications in any 2017 Standard is to the most recent version, issue, or edition in effect on the date of the Notice to Bidders, unless stated otherwise.

Layout

SECTION NUMBER

TITLE

PART (1, 2, or 3) ARTICLE (such as 1.1, 1.2, 2.1, 2.2, 3.1, 3.2) Paragraph (such as A, B, C under an article)

Example:

PART 1 GENERAL

1.1 ARTICLE

A. Paragraph

1. Subparagraph

a. Subparagraph

1) Subparagraph

a) Subparagraph

Page Numbering The Standard Sections of this book each have separate numbering for each Section. There is no cumulative page numbering.

New Sections, Title Changes, Section Deletions

Note: This listing shows changes for the 2017 Standards as indicated for each item.

New Sections Section 00100 General Provisions Section 00700 Schedule and Narrative Section 00747 Dispute Review Board Section 00777 Change Management Section 01450 Submittals Section 01501 Mobilization Section 01540 Public Information Services Section 02701 Pavement Smoothness Section 02744 Stone Matrix Asphalt (SMA) Section 02894 Precast Roadside Sign Foundations Section 03057 Structural Lightweight Concrete Section 03251 Post Tensioning Concrete Section 03341 Partial Depth Precast Concrete Deck Panels Section 03374 Move Bridge Section 03375 Bridge Deck Methacrylate Resin Treatment Section 05121 Structural Plate Pipe Section 05831 Compression Joint Seal

Title Changes Section 01892 Reconstruct Catch Basin, Manhole, and Micellaneous Boxes

(Old Title – Reconstruct Catch Basin, Cleanout, Meter, Valve, Manhole, and Monument Boxes)

Section 02372 Gabions And Revet Mattresses (Old Title – Wire Enclosed RIPRAP)

Section 02376 Rolled Erosion Control Products (Old Title – Steep-Slope Erosion Control and Flexible Channel Liner)

Section 02613 Drainage Pipe End Sections (Old Title – Culvert End Sections)

Section 02622 Pipe Underdrain (Old Title – Underdrain)

Section 02624 Approach Slab Catch Basin Modification (Old Title – Approach Slab Catch Basin)

Section 02626 Deck Drain Modification (Old Title – Deck Drain Modification or Clousure)

Section 02635 Grates, Covers, Frames, Trash Racks, and Manhole Steps (Old Title – Grates, Solid Covers, Frames, and Manhole Steps)

Section 02705 Concrete And Asphalt Cutting (Old Title – Pavement Cutting)

Section 02771 Ada Pedestrian Access Ramps (Old Title – Curbs, Gutters, Driveways, Pedestrian Access Ramps, and Plowable End Sections)

Section 02776 Concrete Flatwork (Old Title – Concrete Sidwalk, Median Filler, and Flatwork)

Section 02911 Hydraulic Erosion Control Products (Old Title – Wood Fiber Mulch)

Section 03311 Bridge Deck Joint Closure (Old Title – Joint Closure)

Section 03339 Full-Depth Precast Concrete Deck Panel (Old Title – Precast Concrete Deck Panel)

Section 03924 Structural Concrete Repair (Old Title – Structural Concrete Repair and Sealing)

Section 13595 ATMS Integration, Testing, and Acceptance (Old Title – ATMS Integration)

Deleted Sections Section 01284 Prompt Payment Section 01285 Mobilization (Now Section 01501) Section 01315 Public Information Services (Now Section 01540) Section 02374 Grouted RIPRAP Section 02614 Salvage and Re-Lay Pipe Culvert and End Sections Section 02643 Concrete-Lined Ditch Section 02712 Lean Concrete Base Course Section 03393 Concrete Healer/Sealer Section 07111 Damproofing Section 07922 Relief Joint Crack Sealing Section 13551 General ATMS Requirements Section 13558 Highway Advisory Radio (HAR) Preparation Section 13561 ATMS Power Service Section 13593 Weigh in Motion

General Provisions 00100 - Page 1 of 7

January 1, 2017

SECTION 00100

GENERAL PROVISIONS

PART 1 GENERAL

1.1 SECTION INCLUDES

A. Provisions related to the interpretation of the contract.

1. Includes document organization, language, and communication.

1.2 RELATED SECTIONS

A. Section 00570: Definitions

1.3 REFERENCES

A. UDOT Structures Design and Detailing Manual (SDDM)

1.4 DEFINITIONS Not Used

1.5 SUBMITTALS Not Used

1.6 GENERAL

A. The plans and specifications are expressed in US customary units except where a referenced document uses the International System of Units as the standard.

1.7 ORGANIZATION

A. Specifications

1. The specifications are organized by sections.

a. Each section defines a portion of the project requirements and is identified by a number and a title.

00100 - Page 2 of 7

January 1, 2017

b. References to specification sections use section numbers.

1) Section references apply to the complete specification section consisting of the Standard Specification, Supplemental Specification, and Special Provision for the referenced section.

2. Sections up to and including Section 01499 are general specifications applicable to every contract unless specified as applicable under certain conditions.

a. General specifications include administrative requirements applicable to the contract and apply without reference.

b. General specifications apply to and govern the work of all

Sections of the specifications

3. Sections beginning with Section 01500 through the end of the specifications are technical specifications for specific pay items.

a. The pay items in a contract designate the technical specifications that apply to a specific contract.

4. Section numbers of Special Provisions and Supplemental

Specifications indicate the extent of the revision to the Standards.

a. A section number followed by “S” (for example, “01234S”), indicates a new section or a complete replacement of a Standard Specification section.

1) This applies to Special Provisions only, not to

Supplemental Specifications.

b. A section number followed by “M” (for example, “01234M”), indicates that part of a Standard is changed, added, or deleted.

1) This applies to both Special Provisions and

Supplemental Specifications.

5. Specification sections are written in a three-part format. Each

Section contains the following primary PARTS:

a. PART 1 GENERAL

1) Describes administrative and procedural requirements unique to the section.

b. PART 2 PRODUCTS

1) Describes systems, assemblies, equipment, products, materials, fabrications, and mixes.

c. PART 3 EXECUTION

1) Describes site installation or application, including preparatory actions and post-installation cleaning and protection.

2) Includes site-built or site-manufactured assemblies.

00100 - Page 3 of 7

January 1, 2017

6. Information describing the section format related to articles, paragraphs, and sub-paragraphs is shown in Figure 1.

Figure 1 Specification Layout

SECTION NUMBER

TITLE

PART (1, 2, or 3) ARTICLE (such as 1.1, 1.2, 2.1, 2.2, 3.1, 3.2) Paragraph (such as A, B, C under an article)

Example:

PART 1 GENERAL

1.1 ARTICLE

A. Paragraph

1. Subparagraph

a. Subparagraph

1) Subparagraph

a) Subparagraph

B. References

1. Reference to external publications is to the most recent version, issue, or edition in effect on the date of the Notice to Bidders, unless stated otherwise.

2. Reference to a specification section incorporates all applicable requirements of the referenced section.

a. Example: A reference in Part 2 of a section to Section

03055 for the product Class AA(AE) Concrete incorporates into the section all General, Products, and Execution requirements in Section 03055 applicable to Class AA(AE) Concrete.

b. Example: A reference in Part 3 of a section that refers to Section 03390 for concrete curing incorporates into the section all General, Products, and Execution requirements in Section 03390 applicable to curing the concrete elements.

c. Example: A reference in Part 3 of a section to Section 03310 for concrete placing and finishing incorporates into the section all General, Products, and Execution requirements in Section 03310 applicable to placing and finishing concrete.

00100 - Page 4 of 7

January 1, 2017

3. References to articles and paragraphs within a section may omit the terms “Article,” “Paragraph,” and “Subparagraph.”

a. Example: A reference to “this Section, 3.2 A4c” means

Article 3.2, paragraph A, subparagraph 4c in the same section where the reference is made.

4. Applicable requirements in a referenced section or external publication apply the same as if they are included in their entirety in the section from which they are referenced.

a. The requirements of a section take precedence over referenced requirements in the case of conflict.

5. Interpret the words “shown,” “specified,” or “described” without a specified location as follows:

a. “Shown” means “shown in the plans.”

b. “Specified” means “specified in the specifications.”

c. “Described” means “described in the Contract.”

C. Pay Items

1. Each pay item is identified by a unique number and name.

a. The pay item number and name identify the pay item throughout the Contract.

2. The first five digits of a pay item number are the section number of the technical specification that defines the work for that pay item.

3. The last character of a pay item signifies whether something is new or changed.

a. A digit as the last character indicates a standard pay item.

b. An asterisk (*) in place of the last digit indicates that the pay item is supported by a contract specific Special Provision.

c. The letter “P” in place of the last digit indicates that a new pay item that does not require a Special Provision is used or that the name, unit of measure, or Measurement & Payment (M&P) description of a standard pay item has been modified.

d. The letter “D” in place of the last digit indicates a standard lump sum pay item with an estimated quantity in the item name.

1.8 LANGUAGE

A. The plans and specifications are written to the Contractor.

B. The plans and specifications are written in the active voice where the subject is expressed or implied.

1. Instructions written in the imperative mood are directed at the

Contractor.

a. The subject, “the Contractor,” is implied.

b. Imperative mood statements are considered mandatory.

1) Example: “Place the concrete.”

00100 - Page 5 of 7

January 1, 2017

2. Decisions and actions by the Department or third parties are written in the indicative mood.

a. The subject, “the Engineer” or a third party, is expressed.

1) Example: “The Engineer will take a sample.”

C. The Contract Documents may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement in the interest of brevity.

D. Refer to Section 00570 for the meaning of abbreviations or terms used in these specifications, the plans, and other contract documents.

1. Refer to the UDOT SDDM for the meaning of abbreviations used in the structure drawings.

1.9 COMMUNICATION

A. Submit documents and direct questions in writing to the Engineer.

B. Orders, approvals, authorizations, and requests to the Contractor are by the Engineer unless specifically described as by another.

D. The following items from the Department are in writing:

1. Approvals

2. Authorizations

3. Decisions

4. Notifications

5. Orders

6. Responses

7. Direction

E. The following items from the Contractor must be in writing:

1. Assignments

2. Notifications

3. Proposals

4. Reports

5. Requests

a. Includes Requests For Information (RFIs), sequentially numbered

6. Subcontracts

7. Test results

F. Use the Department’s Information Technology (IT) systems for the documentation and communication processes contained therein.

1. Documentation and communication are deemed to be in writing.

00100 - Page 6 of 7

January 1, 2017

2. Approvals and electronic signatures may be required and are deemed to be executed and binding.

1.10 REQUESTS FOR INFORMATION (RFI)

A. Request an interpretation of the requirements in the Contract Documents if:

1. Unable to determine from the Contract Documents the exact material, process, or system to be installed

2. Elements of construction are required to occupy the same space

(interference)

3. An item of Work is described differently at more than one place in the Contract Documents

B. Submission of RFIs

1. Prepare and submit RFIs on a form completely filled in and fully legible after photocopying or scanning

2. Give each RFI a discrete, consecutive number.

3. Provide on each page of the RFI and each attachment to the RFI the project name, project number, date, RFI number, and a descriptive title.

4. Sign all RFIs attesting to a good faith effort to determine from the Contract Documents the information requested for interpretation.

C. Subcontractor-Initiated and Supplier-Initiated RFIs

1. Subcontractors and material suppliers submit RFIs through the

Contractor. The Contractor reviews subcontractor- and supplier-initiated RFIs and submits them attached to an RFI form prepared, signed, and submitted by the Contractor.

a. RFIs submitted directly by subcontractors or material suppliers will be returned unanswered to the Contractor.

b. Review all subcontractor- and supplier-initiated RFIs and take actions to resolve issues of coordination, sequencing and layout of the Work.

D. Requested Information

1. Provide the information required to understand and analyze the circumstances causing the RFI and to prepare a clarification or direction as to how to proceed.

2. The RFI may be returned unanswered if the provided information is insufficient.

E. Unacceptable Uses for RFIs

1. To request approval of submittals

2. To request approval of substitutions

00100 - Page 7 of 7

January 1, 2017

3. To request changes that involve change in Contract Time and Contract Sum

4. To request different methods of performing Work than those indicated in the Contract Drawings and Specifications

F. RFI Log

1. Prepare and maintain a log of RFIs

a. Furnish copies of the log showing outstanding RFIs if requested by the Engineer.

G. Review Time

1. The Engineer will return RFIs to the Contractor within 10 calendar days of receipt.

PART 2 PRODUCTS NOT USED

PART 3 EXECUTION NOT USED

END OF SECTION

Bidding Requirements and Conditions 00120 – Page 1 of 13

January 1, 2017

SECTION 00120

BIDDING REQUIREMENTS AND CONDITIONS

PART 1 GENERAL

1.1 SECTION INCLUDES

A. Prequalification of Bidders

B. Bidding Requirements and Responsibilities

C. Proposal, Preparation and Submittal

1.2 RELATED SECTIONS

A. Section 01455: Material Quality Requirements

1.3 REFERENCES

A. United States Department of Treasury Circular

B. Utah Administrative Code

C. Utah Procurement Code

D. Utah Code

1.4 DEFINITIONS Not Used

1.5 SUBMITTALS

A. Prequalification Application (Including supporting and supplemental documentation (when applicable)

B. Prequalification Guaranty Form (when applicable)

C. Proposal

D. Joint Venture (JV) Letter of Intent (when applicable)

E. Confidential Financial Statement (when applicable)

F. JV Agreement (when applicable)

00120 – Page 2 of 13

January 1, 2017

G. Corporate Resolution (when applicable)

H. Request for Withdraw (when applicable)

I. Proposal Guaranty Bond

1.6 PREQUALIFICATION

A. Meet Department requirements for prequalification before submitting a proposal on projects where the total cost within the bidding schedule is greater than or equal to $3 million. Refer to:

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

1. Prequalification Applications (including supporting and supplemental documentation) must be received by the Secretary of the Prequalification Board no less than 15 calendar days before the scheduled bid opening.

2. Prequalify at least once each year.

a. The Department may change a bidder’s prequalification status based on the submission of additional favorable reports or evidence of unsatisfactory performance.

b. The prequalification amount limits bidding to individual contracts of a given size or for a particular type of work.

3. Provide experience information on the Contractor’s Prequalification Application and a confidential financial statement attested to by a Certified Public Accountant (CPA).

4. Include a complete report of the bidder’s financial resources and liabilities, equipment, work history, and personnel.

a. The Department establishes prequalification amount and work classification.

B. Applicants may submit a guarantee of financial support provided by an affiliated but independent entity.

1. Applicants must use the Department’s guarantee form and submit it with their application.

2. The guarantee may increase an applicant’s adjusted equity by a maximum of 50 percent of the applicant’s calculated adjusted equity in the formula.

1.7 JOINT VENTURE BIDDING

A. Single Project Joint Venture:

1. Two or more prospective bidders may prequalify and bid jointly on a single contract.

2. Each business participating in a joint venture will file a

Prequalification Application that includes a confidential financial statement attested to by a CPA.

00120 – Page 3 of 13

January 1, 2017

3. Submit a letter of intent together as a joint venture to the Secretary of the Prequalification Board indicating the exact name of the joint venture and the designated administrative partners before submitting a joint venture proposal on a single project and at least four business days before the bid opening.

B. Continuing Joint Venture:

1. Submit the following to bid jointly as a continuing joint venture on more than one contract, over a 12 month period, involving two or more prospective bidders:

a. A Prequalification Application and confidential financial statement of the joint venture audited by or attested to by a

CPA.

b. A confidential financial statement audited by or attested to by a CPA for each member.

1) Not required if the Department has a copy on file for the application year.

c. A copy of the joint venture agreement signed by each member of the joint venture and naming each person authorized to sign documents on its behalf.

1) Submit a corporate resolution to accompany the agreement if a member is part of a corporation.

a) The corporate resolution will authorize the joint venture agreement and name the officers authorized to sign the joint venture agreement or contract on behalf of the corporation.

2. The Department will treat the continuing joint venture as a new firm and determine prequalification limit on that basis.

C. Complete the following under the joint venture designation before bid opening:

1. Bid bond

2. Department Registration

3. Department Contractor identification, password, and electronic signature

4. Utah Contractor license

1.8 BIDDING DOCUMENTS

A. The Department’s Request for Proposal (RFP) will state or include the following:

1. Project location and description

2. Bidding schedule of items for unit bid pricing

3. Time for completing work

4. Proposal guaranty amount

5. Date, time, and place of bid opening

00120 – Page 4 of 13

January 1, 2017

6. Basis for proposal comparison, if it is different than total cost

7. Contract requirements not contained in the Department’s Standard

Plans and Specifications

8. Disadvantaged Business Enterprise (DBE) requirements, when applicable

9. Date, time, and location for mandatory pre-bid conference, when applicable

B. Quantities may increase, decrease, or be eliminated under the contract.

C. The Department pays for quantities of work as described in each pay item.

1.9 BID PROPOSAL

A. A Proposal may be issued for combined projects or separately.

1. A proposal may be submitted either on the combined portions or on separate units of the combined project.

2. The award of combined proposals or separate proposals is made to the advantage of the Department.

3. The Department will specify which proposals may be combined.

B. The Department considers conditional proposals only when specified in the advertisement.

C. Submit proposal in the identical name used on the prequalification or according to a filed affidavit of change in business name or ownership.

1. Obtain the RFP, bidding information and instructions from the

Department Web site. Refer to this Section, Article 1.10.

D. The Department considers a proposal irregular and rejects the proposal as non-responsive if:

1. Not properly signed.

2. Contractor is not prequalified, there is an insufficient amount of prequalification, or proposing work for an unauthorized work classification.

3. Unauthorized additions, conditional or alternate bids, or other irregularities making the proposal incomplete, indefinite, or ambiguous.

4. Added provisions reserve the bidder’s right to accept or reject an award or to enter into a contract following award.

a. This does not exclude a proposal limiting the maximum gross award amount acceptable to any one bidder at any one bid opening. The Department selects which contracts to award.

5. It Lacks required bid documentation escrow, when applicable.

6. It is noncompliant with prequalification regulations.

00120 – Page 5 of 13

January 1, 2017

7. It does not furnish a properly executed proposal guaranty according to this Section, 1.10.

8. There is evidence of collusion among bidders.

9 Does not comply with conditions of current special provision for certification of Affirmative Action for DBE.

10. It omits a unit price for an estimated pay item, except for authorized alternate bid items.

11. It is materially unbalanced.

12. It does not have a Status of Work Under Contract when required, reflecting the Contractor’s current prequalification status or:

a. It is incomplete and improperly executed.

b. The sum of the amount of uncompleted work plus the estimate of the amount of proposed work exceeds the amount for which the Contractor is prequalified.

13. It does not meet material or bidding requirement of the invitation for bids.

14. It is received after date and time for bid opening.

15. It does not acknowledge receipt of or meet the requirements of addenda.

16. Award of additional work could impede or prevent timely completion of work currently under contract.

17. Failure to pay or settle outstanding labor issues, material bills or claims for a contract current at the time the proposal is issued.

18. More than one proposal for the same work is submitted from an individual, firm, or corporation under the same or different names.

19. Bid Guaranty received after date and time specified.

20. A mandatory letter of interest is not submitted.

21. Manual proposal submission does not contain both a signed hard copy and electronic version. Electronic media device (CD/Flash Drive) is blank, unreadable, not properly signed or does not contain the correct electronic bid items .txt file, such as Proj#_UDOTContractorID_bidopendate.txt.

22. Proposal is not submitted using Department’s current EBS.

23. Proposer did not attend the mandatory pre-proposal conference.

Utah Admin Code R33-7-201(1)(a).

24. Proposals received by the Department after the established due date and time will not be accepted. Utah Admin Code R33-7- 402(1).

a. The Department considers submittals as part of the proposal, including prequalification documentation, in determining a responsive and responsible proposal.

E. A non-responsible determination will be conclusive unless the bidder appeals pursuant to the requirements of Part 16 of the Utah Procurement Code.

00120 – Page 6 of 13

January 1, 2017

1. The Department may determine that a bidder is non-responsible and reject the proposal for the following reasons:

a. Prequalification information reveals a lack of competency and a lack of adequate machinery, plant, and other equipment.

b. Award of additional work could impede or prevent timely completion of work currently under contract.

c. Failure to pay or settle outstanding labor and material bills for a contract at the time the proposal is submitted.

d. Noncompliance with prequalification regulations.

e. Serious misconduct that would adversely affect the ability to perform future work.

f. Failure to reimburse the Department for monies on previously awarded contracts, including those where the prospective bidder is a party to a joint venture.

g Contractor has unsatisfactory performance on previous or current contracts or serving probation for actions on another project.

h. Contractor is in default under previous contracts.

i. Debarred by the Department, or any State, or the Federal

Government.

j. Contractor has failed to reimburse the Department for money owed on a previously awarded contract, including a contract where the prospective bidder was a party to a joint venture that failed to reimburse the Department.

F. Bidders will verify that the combination of the bid amount and other contract work with the Department does not exceed the prequalification amount.

1. The Department may determine the bidder to be non-responsive and refuse to award a contract if this combination does exceed the prequalification amount.

G. Appeal in writing to the Department Deputy Director according to Utah Code Section 63G-6-801 through 806, as amended if the Department refuses to accept a proposal for the foregoing reasons.

H. Submittal of a proposal is considered an affirmative statement that the bidder has performed the following:

1. Examined the contents of the RFP.

2. Visited and investigated the site and knows existing site conditions.

a. A reasonable site investigation includes investigating the project location, borrow sites, haul routes, and other locations related to the work to be performed.

3. Investigated the nature and location of the work.

00120 – Page 7 of 13

January 1, 2017

4. Satisfied as to the character, quality, and conditions that may be encountered and can affect work performance, budget, and other requirements of the RFP including the following:

a. Conditions bearing upon transportation, off-loading, handling, storage, and disposal of materials.

b. Availability of labor, water, electric power, and other utilities, and roads that provide access to and egress from the project.

c. Uncertainties of weather, river stages, irrigation channel flow, lake and reservoir levels, or similar physical ground conditions.

d. The type of equipment and facilities needed before and during work performance.

e. The character, quality, and quantity of surface and subsurface materials and obstacles that may be encountered.

1) This information may be obtained from an inspection of the site, site drawings, specifications, and exploratory work made available by the Department.

2) Department boring logs and other records of subsurface investigations are available for information purposes only and are not substitutes for the bidder’s own investigation, interpretation, and judgment.

a) Boring logs and other records obtained from the Department are for design and estimating purposes only.

I. Revise and save bid proposal using the current version of the EBS.

1. Electronically transmit the proposal to the Department authorized repository before the time specified in the Notice to Contractors.

J. A proposal may be withdrawn or revised before the time set for receiving proposals.

1. Provide the request for withdrawal to the Department with a telephone call followed by documented electronic communications including a company authorized signature and the Department Contractor ID before the time set for receiving proposals.

K. Immediately notify the Department of apparent errors, omissions, and ambiguities in the RFP.

L. Request clarifications of the RFP documents by contacting the Project Manager no less than 14 calendar days before bid opening to allow time for a reply before submitting the proposal.

00120 – Page 8 of 13

January 1, 2017

1. The Department responds to prospective bidder requests by certified letter or electronic communication before the specified time for bid opening.

a. The Department is bound only by written statements, representations, or descriptions of conditions and work.

b. Oral explanations or instructions are non-binding.

2. Clarification requests received less than 14 calendar days before bid opening will be answered at the discretion of the Department.

M. Failure to take the actions described and acknowledged in this Article does not relieve the bidder of the responsibility for estimating the difficulty and cost of successfully performing the work and from proceeding to successfully perform the work..

N. Federal-aid projects are subject to Title 23 CFR Part 635.410, Buy America Requirements.

1. Check the appropriate box on the bid proposal indicating the intent to use steel or iron or both of 100 percent domestic supply or with some foreign supply.

O. A proposal may be manually submitted if unable to electronically transmit.

1. A manually submitted proposal must include both a signed hard copy and an electronic version using an electronic media device (CD/Flash Drive).

a. The electronic media device must not be blank or unreadable and must contain the correct electronic bid items .txt file in the indicated format.

b. File format- Proj#_UDOTContractorID_proposalopendate.txt.

c. The signed hard copy takes precedence over a manually delivered electronic version in the case of discrepancies or initialed changes to unit prices or DBE commitment.

P. Each person signing on behalf of any proposer certifies under penalty of perjury that to the best of his or her knowledge and belief that their organization complies with the following:

1. Bid prices have been arrived at independently without collusion, consultation, communication, or agreement with another bidder or competitor for the purpose of restricting competition.

2. Quoted bid prices have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to another bidder or competitor before bid opening unless required by law.

3. No attempt has been made or will be made by the bidder to induce another person, partnership, or corporation to submit or not to submit a proposal for the purpose of restricting competition.

00120 – Page 9 of 13

January 1, 2017

4. The named Contractor has not, whether directly or indirectly, entered into an agreement, participated in collusion, or otherwise taken action to restrain free competitive bidding in connection with this proposal.

Q. The Department will not consider a proposal for award nor will the Department make an award where there has not been compliance with this Article, except as follows:

1. The bidder must furnish with the proposal a signed statement that describes in detail the reasons the bidder cannot make the foregoing certification.

2. The Executive Director or designee determines that such disclosure was not made for the purpose of restricting competition.

R. The following does not constitute a disclosure within the meaning of non-collusive bidding:

1. A bidder has published price lists, rates, or tariffs covering items being procured.

2. A bidder has informed prospective customers of proposed or pending publication of new or revised price lists for such items.

3. A bidder has sold the same items to other customers at the same prices being bid.

S. A proposal made by a corporation is considered authorized by the bidder’s board of directors.

1. Authorization is defined as signing and submitting the proposal and includes the declaration of non-collusion on the part of the corporation.

T. Manually or electronically signing the proposal certifies compliance with provisions of the following Non-Collusive Bidding Certification:

UTAH DEPARTMENT OF TRANSPORTATION NON-COLLUSIVE

BIDDING CERTIFICATION

“I declare under penalty of perjury under the laws of the United States and the State of Utah that neither I, nor to the best of my knowledge any member or members of my firm or company have either directly or indirectly restrained free and competitive bidding on this project by entering into an agreement, participating in collusion, or otherwise taking action unauthorized by the Utah Department of Transportation, with regard to competing for this contract.”

00120 – Page 10 of 13

January 1, 2017

U. Each bidder and each person signing on behalf of a bidder certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief the named Contractor has registered with and uses a “Status Verification System” to determine the work eligibility status of an employee hired after July 1, 2009, pursuant to Utah Code Section 63G-12- 302.

V. Manually or electronically signing the proposal certifies compliance with provisions of this employment status verification certification.

W. Manually or electronically signing the proposal demonstrates to the Department that the Contractor will have and will maintain a drug and alcohol testing program that complies with applicable provisions of the Utah Administrative Code 916-6 and Utah Procurement Code Section 63G-6a-1303 throughout the term of this contract.

1. This requirement is also applicable to subcontracts under this contract that provide services or labor for design or construction.

X. Apply and conform to Utah laws relative to the licensing of Contractors.

1. A Contractor’s license is required before submitting a proposal.

Exception: A Contractor may submit a proposal on a Federal-aid highway project if they can become licensed in Utah before beginning construction (i.e., prior to notice to proceed).

2. Failure to do so will result in forfeiture of award.

Y. Obtain a commercial license to perform work in Utah.

1. A license will be required to proceed with work.

2. License requirements and application to perform heavy highway construction in the state of Utah requires the applicable license for the category of work being performed.

a. The Prime Contractor is required to hold a class E-100, General Engineering Contractor’s license and the applicable license relating to their specific category of work being performed (such as an B-100 for General Building work).

b. A Sub-contractor is required to hold the applicable license relating to their specific category of work being performed.

Licensing is governed by:

Utah Department of Commerce Occupational/Professional Licensing P O Box 145741 Salt Lake City, UT 84114-6741

(801)530-6628

00120 – Page 11 of 13

January 1, 2017

Z. The Department will not issue a notice to proceed without compliance with this Article.

1.10 BIDDING REQUIREMENTS

A. Use the current version of the Department’s Electronic Bid System (EBS) from the website. Refer to:

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

1. Contact the Department’s Construction Division for Contractor User

ID and EBS training.

B. Prepare and submit proposal using the Department’s current EBS before the specified bid opening date and time.

1. Submit unit bid prices for the estimated quantities.

a. Research items that may be tax exempt and include this savings in the bid price.

b. Refunds of sales tax on contract items will be refunded to the Department.

2. Complete electronic bid documents as instructed and specified within the current UDOT Electronic Bid System Manual.

a. Buy America Requirements

1) Indicate whether using domestic or foreign steel.

2) Refer to Section 01455.

3. Confirm receipt of addenda.

C. Indicate the choice of alternate items in EBS when the RFP permits a choice. EBS will not permit an additional choice.

D. Provide the name and address of the individual signing the proposal as well as the following names and addresses, as applicable.

Table 1 Individuals Signing Proposal

Type of Bidder Names and Office Addresses Required Individual Individual and post office address Partnership Each Member of the Partnership and each post office address

Joint Venture Each Member or officer of firms represented and each post office address

Corporation Corporation name and corporate address

00120 – Page 12 of 13

January 1, 2017

E. Bidders submitting electronic or manual proposals must sign the Bid Report to certify they understand and are in compliance with terms and conditions of the contract.

1. The Department will not accept a proposal with an unsigned Bid

Report.

F. Retain electronic bid documents until the project has been completed.

1. Reference all manuals used to determine the bid proposal, including name, date, and publisher.

G. Provide a proposal guaranty in the form of an electronic guaranty bond or provide evidence of securing a cashier’s or certified check for not less than 5 percent of the total proposed amount made payable to the Utah Department of Transportation and issued from a surety company listed on the United States Department of Treasury Circular 570 before the specified date and time for bid opening.

1. Use Department approved surety clearing house for electronic guaranty bond.

2. Apparent low bidder delivers proposal guaranty in the form of cashier’s or certified check within three calendar days of bid opening.

1.11 PROPOSAL OPENING

A. Bids and proposals are publicly opened at the time indicated in the Invitation for Bids or RFP.

1.12 SUSPENSION, DEBARMENT, AND APPEAL

A. Refer to Rule R907-67 of the Utah Administrative Code. Refer to:

http://www.udot.utah.gov/go/standardsreferences. Suspension may apply when there is probable cause the Contractor has engaged in activity that would lead to debarment under Utah Admin. Code R907-67.

1. The Department may suspend the Contractor from consideration for award of contracts.

2. A Contractor who is suspended may not propose on Department contracts.

3. Suspension may last for no more than three months unless an indictment has been issued, or information filed, alleging that the Contractor has engaged in criminal activity that would, if true, lead to debarment under Utah Admin. Code R907-67-1.

4. If an indictment has been issued or information filed, suspension will last until completion of the Contractor's trial or the dismissal of charges.

00120 – Page 13 of 13

January 1, 2017

B. Refer to Utah Administrative Code Rule R907-67 (2013) Debarment of Contractors. Refer to: http://www.udot.utah.gov/go/standardsreferences.

This rule includes subsections that address:

1. Reasons for Debarment

2. Procedures for Debarment

3. Status Pending Debarment

4. Suspension from Consideration for Award of Contracts—

Indictments

5. Length of Debarment

6. Right to Appeal

C. Issues, procedures, and other matters related to misconduct committed by contractors, consultants, owners, directors, managers, officers, fiscal agents of a Contractor or consultant, or other type of vendor that either does or seeks to do business with the Department which are not addressed by Rule R907-67 are governed as follows:

1. Utah Administrative Code Rule R33-9Refer to: : :

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

2. Utah Procurement Code, Part 9, Cancellations, Rejections, and

Debarment. Part 9 of the Utah Procurement Code. Refer to:

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

PART 2 PRODUCTS Not Used

PART 3 EXECUTION Not Used

Contract Award and Execution 00515 – Page 1 of 6

January 1, 2017

SECTION 00515

CONTRACT AWARD AND EXECUTION

PART 1 GENERAL

1.1 SECTION INCLUDES

A. Conditions for awarding a contract.

1.2 RELATED SECTIONS Not Used

1.3 REFERENCES

A. Federal Uniform Guidance (FUG)

B. United States Department of Treasury Circular 570

C. Utah Procurement Code (UPC)

D. Utah Administrative Code (UAC)

1.4 DEFINITIONS Not Used

1.5 SUBMITTALS

A. Provide all submittals in this Section to the Director of Construction.

B. Declaration of clerical or mathematical error when applicable. Refer to this Section, Article 1.6 paragraph D.

C. Contract Bonds. Refer to this Section, Article 1.10.

D. Executed contracts for Department execution. Refer to this Section, Article 1.11, paragraph A.

E. Signed statement for QHI and actuarial statement. Refer to this Section, Article 1.11, paragraph B.

1.6 PROPOSAL CONSIDERATION

A. The Department adheres to the requirements of the Utah Procurement Code (UPC), and applicable rules codified in the Utah Administrative Code (UAC) and the Federal Uniform Guidance (FUG) for soliciting, awarding and executing contracts.

00515 – Page 2 of 6

January 1, 2017

1. Part 6 of the UPC applies to soliciting, awarding and executing "bids."

2. Part 7 of the UPC applies to soliciting, awarding and executing Bid "Proposals."

B. The Department publicly opens responsive proposals from responsible and prequalified vendors using the current version of the Electronic Bid System (EBS). The EBS compares bids and proposals on the basis of the summation of the products of the quantities and the unit bid prices.

1. The Department makes the results of the comparisons available to the public.

2. The unit bid prices govern if a discrepancy exists between unit bid prices and extensions.

a) A signed hard copy takes precedence over a manually delivered electronic version in the case of discrepancies or initialed changes to unit prices or DBE commitment in this case.

C. The Department reserves the right to reject any or all proposals, waive technicalities, or cancel a solicitation and re-advertise for new proposals, pursuant to the requirements of state and federal procurement law.

D. The bidder can request withdrawal of a bid after bid opening by:

1. Submitting a notarized affidavit within 24 hours after bid opening declaring a clerical or mathematical error in bid preparation.

a) Submitting accompanying declaration with original work sheets used in bid preparation.

b) Describing specific errors in detail.

c) Verifying that error has a significant monetary effect in the amount of 3 percent of the bid or greater.

E. Bidders may correct immaterial errors, and the Department may ask a bidder to clarify information included in a bid or proposal as allowed by the UPC and applicable rules and regulations after bids or proposals are opened.

F. The Director for Construction makes the final determination of the withdrawal request.

1.7 CONTRACT AWARD

A. The Department will award the contract to the lowest responsive and responsible bidder within 30 calendar days.

B. The Department may withhold award beyond the 30 calendar days with the approval of the successful bidder.

00515 – Page 3 of 6

January 1, 2017

C. The bidder may withdraw the proposal without liability if the award is not made within 30 calendar days.

D. The Department notifies the successful bidder by email as indicated with Contractor registration, followed by a certified letter mailed to the address shown on the proposal that the bid has been accepted and the contract has been awarded.

1.8 CANCELING THE AWARD

A. The Department may cancel the award of any contract before a contract is executed pursuant to the requirements of the UPC, and the applicable sections of the UAC and the FUG without liability.

1.9 RETURNING PROPOSAL GUARANTY

A. Proposal guaranties are released after the Department receives satisfactory contract bonds, all required certificates of insurance, and the fully executed contract between the Contractor and the bonding company.

B. A Contractor is not released from its bidding or contractual obligation because of an alleged error in the preparation of the proposal or issues with any part of the contractual process unless the Department releases the surety guaranty.

1.10 CONTRACT BONDS

A. The Department furnishes the required bond forms.

B. Return fully executed bond forms to the Department as required by the

UPC.

1. Payment Bond secures the payment of the claims of laborers, mechanics or material suppliers employed on the work under the contract.

2. Performance Bond guarantees the faithful performance of the contract.

C. Each bond must be in an amount equal to 100% of the price specified in the contract.

D. Underwriting Limitation is stated in the United States Department of Treasury Circular 570: Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies.

00515 – Page 4 of 6

January 1, 2017

1. Only companies listed in the Department of Treasury Circular 570 in effect the year the contract between the Department and the Contractor is executed are acceptable.

2. This list of companies is accessible through the U.S. Department of Treasury, Bureau of the Fiscal Service’s website. A current link to the web page can be found at:

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

E. The Department may issue change orders that alter the terms of the contracts, extend deadlines, and change the scope of work without securing the consent of the surety or sureties on the contract bonds.

F. The Department may terminate the contract and cancel all work under the contract if a Contractor’s surety is unable to provide payment, unless the Department determines it is in the public interest to continue the work.

G. Contractor may furnish cash bonds in the form of two cashier’s checks, each in the amount of Contractor’s bid amount as an alternative to the required payment and performance surety bonds.

1. The Department will hold the cash bonds in an interest bearing account and use the proceeds as needed for correcting non-performance or non-payment by the Contractor.

2. The Department will return one half of the cash bond minus costs levied against either of the bonds to the Contractor upon release by the Engineer after physical completion of the work.

3. The Department will release the remaining cash bond if no payment or performance claims arise for 90 calendar days after release by the Engineer after physical completion of the work.

4. The Department will hold the cash bonds until existing non-performance or non-payment issues are resolved.

a. The Contractor accrues no liability during this time.

5. The Department determines the need for withholding the cash bond.

1.11 EXECUTING AND APPROVING THE CONTRACT

A. Awarded Contractor must return fully executed contracts, contract bonds, National Safety Rating Scores, and required certificates of insurance to the Department within 20 calendar days after the date of the notice of award.

1. The bidder can withdraw the proposal without penalty if the

Department does not execute the contract within 30 calendar days after receiving requisite signed contracts, bonds, and insurance certificates.

2. The contract is not considered effective or enforceable until fully executed by all parties.

00515 – Page 5 of 6

January 1, 2017

B. Qualified Health Benefit Plan-The Department will not issue a Notice to Proceed until the Contractor demonstrates to the Department that both the Contractor and its subcontractors have and will maintain an offer of qualified health insurance coverage for the Contractor's employees and the employees' dependents during the duration of the contract.

1. Contractors and subcontractors who fail to demonstrate to the

Department that they have and will maintain an offer of qualified health insurance coverage for their employees and the employees' dependents during the duration of the contract are subject to penalties in accordance with Utah Administrative Rule, which may include termination of their contract.

a. For any subcontract valued at or above $1,000,000 provide an actuarial statement of equivalency that they have and will maintain an offer of “qualified health benefit plan” to employees and dependents of employees as required by Utah Transportation Code 72-6-107.5.

2. Refer to http://www.udot.utah.gov/go/standardsreferences for instructions on the process for Qualified Health Insurance Coverage.

3. Contractor must provide two statements to “demonstrate” compliance with Section 72-6-107.5. Statements need to be signed originals and on company letterhead. Separate letters for each subsidiary, or DBA contracting with Department, are required.

a. Provide an original signed statement from the Contractor stating that they will maintain an offer of Qualified Health Insurance coverage as required by Utah Code 72-6-107.5 for the duration of any contract between Contractor and

UDOT.

b. Provide a written statement of actuarial equivalency from:

1) The Utah Insurance Department;

2) An actuary selected by the Contractor or the

Contractor’s insurer; or

3) An underwriter who is responsible for developing the employer group’s premium rates.

1.12 MATERIALS GUARANTY

A. Contractor may be required to furnish a written guaranty covering certain items of work for varying periods of time from the date of acceptance of the contract.

1. The Department specifies in the contract the work to be guaranteed, the form the Contractor will use to provide the guarantee, the time limit and other specific requirements of the guaranty.

00515 – Page 6 of 6

January 1, 2017

2. Sign and deliver the materials guaranty to the Engineer before contract completion.

3. The required performance bond may be reduced upon contract completion to conform to the total amount of the contract bid prices for the items of work to be guaranteed. This amount continues in full force and effect for the duration of the guaranty period. Refer to this Section, article 1.10.

1.13 FAILURE TO EXECUTE CONTRACT

A. The Department can cancel the notice of award and keep the proposal guaranty if the successful bidder does not execute the contract and file acceptable bonds and insurance certificates that prove coverage within 20 calendar days after the date of the Notice of Award.

B. The Department may then award the contract to the next lowest responsive and responsible bidder or may re-advertise the work.

PART 2 PRODUCTS Not Used

PART 3 EXECUTION Not Used

Prosecution and Progress 00555 – Page 1 of 11

January 1, 2017

SECTION 00555

PROSECUTION AND PROGRESS

PART 1 GENERAL

1.1 SECTION INCLUDES

A. Prosecution of the contract and progression of work

1.2 RELATED SECTIONS

A. Section 00515: Contract Award and Execution

B. Section 00777: Change Management

C. Section 00820: Legal Relations and Responsibility to the Public

D. Section 01282: Payment

1.3 REFERENCES

A. Utah Transportation Code

1.4 DEFINITIONS Not Used

1.5 SUBMITTALS

A. Statement of…