The executive director of the Utah Department of Transportation is apologizing to state lawmakers for not letting them know he agreed to a $13 million settlement with a losing bidder for a $1.1 billion construction project.

John Njord told a legislative committee Wednesday he should have informed lawmakers and Gov. Gary Herbert about the settlement with the consortium of Flatiron, Skanska and Zachry. The group had complained the winning bidder received favoritism.

Njord acknowledged the payout on Monday when Herbert held a news conference to say he wasn't awarding favors to campaign contributors. The winning contractor had donated more than $80,000 to Herbert's campaign.

Herbert said he was unaware of the settlement.

Njord denies pay to play was involved.