Administrative Instructions – Revised February 27, 2023

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ADMINISTRATIVE INSTRUCTIONS

TABLE OF CONTENTS

1.00 VALUE ENGINEERING

2.00 REFERENCES

2.01 Coordination of Contract Documents

2.02 Reference Specifications

3.00 TRAFFIC CONTROL

3.01 Construction Phasing

3.02 Traffic Control Requirements

3.03 Notifying Affected Parties

3.04 Parking Restrictions

3.05 Traffic Disruption and Obstructions

3.06 Property Access

3.07 Emergency Access

4.00 CONTROL OF WORK

4.01 Construction Stakes, Lines, and Grades

4.02 Land Provided by the City

4.03 Land Provided by the Contractor

4.04 Protection and Restoration of Property, Markers, and Landscape

4.05 Cooperation by the Contractor

4.06 Cooperation between Contractors

4.07 Maintenance during Construction

5.00 CONTROL OF MATERIAL

5.01 Inspection and Testing for Quality Control

5.02 Unacceptable Materials

5.03 Storage of Materials

5.04 City-Furnished Material

5.05 Rights In and Use of Material Found in the Work

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5.06 Removal and Salvage of Materials

5.07 Material Spoil Area/Waste Site

5.08 Load Restrictions

6.00 RESPONSIBILBILTY FOR UTILITY PROCEDURES AND SERVICES

6.01 Location

6.02. Utility Line Conflicts and Damage

7.00 WORK SCHEDULE AND CONDITIONS

7.01 Pre-Construction Conference

7.02 Weekly Conference

7.03 Work Progress

7.04 Working Days and Time

7.05 Schedule

7.06 Requirements for Workers, Methods, and Equipment

7.07 Suspension of Work

7.08 Extension of Contract Completion Date

7.09 Concurrent Delays

7.10 Weather Days

8.00 MEASUREMENT AND PAYMENT

8.01 Measurement of Quantities

8.02 Compensation for Altered Quantities

8.03 Monthly Progress Payment

8.04 Payment for Material on Hand

9.00 MOBILIZATION

1.00 VALUE ENGINEERING

A Value Engineering Proposal (“VEP”) is a creative proposal initiated by the

Contractor to amend the Contract to use an alternate method, design, material, or similar element, to reduce the project’s cost or improve its outcome for both the

City of Cheyenne’s (the “City’s”) and the Contractor’s benefit.

The Contractor may submit a VEP for consideration by the City and the City

Engineer (the “Engineer”) after the City awards the contract. The Contractor shall submit a VEP in accordance with the procedure outlined in the current edition of the Wyoming Department of Transportation Standard Specifications for Road and

Bridge Construction (“WYDOT Standard Specifications for Road and Bridge

Construction”), Subsection 104.3.4, “Submitting a VECP”.

The City will not consider VEPs that are cost reductions resulting from corrections to design errors; that are inconsistent with the City’s design policies and criteria for the project; or that may require excessive time or cost for review.

If the City and the Engineer accept a VEP which results in a net reduction in the contract price, the Contractor will share proportionally with the City in the net savings (City 50%; Contractor 50%), less the cost of the Engineer’s time required to evaluate the VEP. Net savings are defined as savings available after deducting

VEP evaluation costs.

2.00 REFERENCES

2.01 Coordination of Contract Documents. Revise City of Cheyenne & Board of

Public Utilities Standard Construction Specifications and Standard Drawings, Edition current as of the bid date for this project (“City Standard Specifications and

Drawings” or separately as “Standard Specifications” or “Standard Drawings”)

Section 01090, REFERENCES, item 1.01.A. as follows, by deleting the hierarchy list included (items 1 thru 4), and replace with the following in order of precedence:

1. Permits from other agencies as required by law;

2. Successive change orders and contract modifications in order of issuance, most recent first;

3. Addenda;

4. Contract;

5. City-obtained agreements;

6. Special Provisions;

7. General Conditions;

8. Project Plans;

9. Standard Drawings;

10. Standard Specifications;

11. Electronic CADD Files; and

12. Reference Specifications.

Detailed plans shall have precedence over general plans.

2.02 Reference Specifications. The City Standard Specifications and Drawings, and all revisions through the advertisement date, constitute the current Standard

Specifications and Standard Drawings for this project. They are an integral part of the Contract and are incorporated herein by reference. The Contractor shall adhere to all requirements and provisions of said City Standard Specifications and

Standard Drawings in the performance of this Contract, except where otherwise provided herein or otherwise shown on the Contract Drawings.

Contract references to standard test methods or specifications such as those from the American Association of State Highway and Transportation Officials

(“AASHTO”), the American Society for Testing and Materials (“ASTM”), or similar professional organizations, refer to the methods and specifications in effect on the advertised date of the public bid opening. If a later change to a cited document affects successful completion of the project, the City will incorporate the new reference with a contract modification.

All work shown on the Contract Drawings and Standard Specifications which refer to the Wyoming Department of Transportation (“WYDOT”) shall be constructed in accordance with the current editions of the WYDOT Standard Specifications for

Road and Bridge Construction and WYDOT Standard Plans and all revisions through the date of advertisement.

It is the bidder’s responsibility to acquire the latest editions of all the

Specifications, Standard Drawings, and Manuals.

3.00 TRAFFIC CONTROL

3.01 Construction Phasing. When a construction phasing or traffic control plan is included in the project plans, this plan shall govern unless an alternate plan, acceptable to the City, is submitted to the Engineer by the Contractor. If no traffic control plan is provided or if the Contractor desires to deviate from the provisions for maintaining traffic as described in the contract documents, the Contractor shall submit to the Engineer for approval a proposed sequence of operations and a compatible method of maintaining vehicle, pedestrian, and bicycle traffic. The

Contractor shall submit the proposal for review and approval at least ten (10)

Working Days prior to its intended implementation. The City reserves the right, in its sole discretion, to reject any construction phasing or traffic control proposal for any reason whatsoever.

3.02 Traffic Control Requirements. The Contractor shall provide adequate signs, barricades, lights, flares, flaggers, take all necessary precautions to prevent accident or injury, and minimize the public’s inconvenience while the work is in progress.

Any traffic control or construction phasing drawings shown in the project plans are conceptual only. The Contractor shall submit a detailed traffic control diagram to the City for prior approval before work begins. The diagram shall indicate location and type of signs, cones, flashers, flagging, reflective barricades, and all other devices the Contractor deems necessary for the proper protection of the work area.

The Contractor shall install and maintain all traffic control and protective devices in accordance with the current edition of the Manual on Uniform Traffic Control

Devices for Streets and Highways (“MUTCD”).

3.03 Notifying Affected Parties. The Contractor shall notify all homeowners and businesses it anticipates will be affected by any work no less than two (2) Working

Days, as defined by section 7.04, “Working Days and Time”, before work is scheduled to commence. All written notifications shall be approved by the City prior to distribution. The Contractor shall notify all homeowners and businesses again if the work does not begin on the specified day, as anticipated. The notice shall be a written posting, hand delivered to the property, stating the anticipated start-date and duration of such work containing parking restriction information, and a phone number for the Superintendent or Project Manager. The Contractor shall not place notices in mailboxes.

3.04 Parking Restrictions. If work requires parking restrictions, the Contractor shall place “No Parking” signs along the affected area a minimum of forty-eight (48) hours prior to the beginning of work. The Contractor shall place “No Parking” signs a maximum of seventy-five (75) feet apart, but at no time fewer than two per block, per side. The City will only tow vehicles from the work area if they remain parked on the street after the Contractor provided proper written notice and placed “No

Parking” signs. If the Contractor provides insufficient notice to affected parties, the

Engineer must approve towing vehicles parked on the street, and such towing shall be at the Contractor’s expense.

3.05 Traffic Disruption and Obstructions. The Contractor shall minimize obstructions to vehicle, pedestrian, and bicycle traffic; minimize disruption to transit routes; and give consideration to the location of detours and provisions for handling traffic. The

Contractor shall provide for the safety and convenience of both the general public and residents near the work. The Contractor’s travel rights do not supersede the public’s travel rights.

Whenever, in the Engineer’s opinion, the Contractor has not provided sufficient or proper safety precautions, the Contractor shall do so immediately and to whatever extent the Engineer requires. This provision shall not be construed as creating any duty on the part of the Engineer for traffic safety.

Fire hydrants on or near the site of the work shall be accessible at all times.

The Contractor shall not close any streets, driveways, access points, or any transit stops without prior consent of the City, Engineer, and proper governmental authorities affected by the closure or having authority over such area. The

Contractor is required to request approval from the Engineer at least five (5)

Working Days prior to the planned date of physical closure of any street or transit stop. Submittal or approval of a traffic control plan alone does not constitute notice or approval of the date of start of closure.

3.06 Property Access. The Contractor shall provide temporary approaches to businesses and residences adjacent to the roadway, intersections, detours, crossings, or similar features or facilities to safely accommodate customary vehicular or pedestrian traffic affected by the work.

3.07 Emergency Access. The Contractor shall be prepared at all times to provide immediate access for emergency vehicles to any buildings or other areas adjacent to the project and shall, upon emergency personnel request, construct temporary ramps and other facilities required for such emergency access. The City will make no additional payment to the Contractor for any delays or cost incurred by the

Contractor in providing such emergency access.

4.00 CONTROL OF WORK

4.01 Construction Stakes, Lines, and Grades. The Contractor shall provide all construction surveying and stakeout required to accurately build and complete the project. The Engineer will establish primary project control only, but if the Engineer determines that additional project control is needed, the Engineer may direct the

Contractor to establish additional project control under the direct supervision of a licensed Wyoming Professional Land Surveyor. The Engineer may provide an electronic point file or CADD files to the Contractor for use in construction staking.

The Contractor shall preserve all survey stakes and marks. If any of the primary project control survey marks are destroyed or disturbed due to the Contractor’s construction activities or negligence, the Contractor shall be charged at the

Engineer’s established hourly crew rate for replacing them, with payment for this extra work made directly to the City’s Consultant by deduction from the monthly periodic estimate payments to the Contractor. The Contractor shall also be responsible for any mistakes or damage resulting from the unnecessary loss or disturbances of control points, offset line points, and stakes.

The Contractor is responsible for scheduling all surveying and shall consider all phasing, sequencing, and construction limits required by all specifications. The

Contractor shall review the survey stakes to ensure there is no discrepancy between the drawings and the survey stakes. If there is a discrepancy, the Contractor shall stop work immediately and notify the Engineer without delay.

The Contractor shall provide the survey data to the Engineer to verify elevations, resolve grade issues, and to otherwise use as the Engineer deems necessary or appropriate. The Engineer has the right to review the project stakeout prior to staking. The Contractor shall arrange work to allow forty-eight (48) hours advance notice for the Engineer to review the lines and grades of those stakes set for the next step of the Contractor’s work. The Engineer shall have the right to make reasonable changes in the grades as shown on the drawings. The Engineer will be available for consultation and interpretations for staking operations.

The Contractor shall call to the Engineer’s attention any reference lines, points, or bench marks, which may have been disturbed or appear off line or grade.

A licensed Wyoming Professional Land Surveyor shall directly supervise all construction surveys. The costs for providing all construction surveying and staking shall be considered included in the cost of contract items.

4.02 Land Provided by the City. The City or Engineer will obtain all easements and franchises required for the work. The Contractor shall limit operations to the area obtained and shall not trespass on private property. The City may provide access to certain lands, as indicated in connection with the work under the contract. The

Contractor shall not conduct any activity on any land which may result in the imposition of any lien or encumbrance. The Contractor shall use said land in accordance with conditions established by the City.

4.03 Land Provided by the Contractor. If the Contractor requires additional area required for temporary construction facilities or storage of materials, the Contractor shall obtain written consent and agreement from the landowner on whose land the

Contractor seeks to expand the Contractor’s operation. The Contractor must provide a copy of this agreement to the Engineer, who may grant or deny permission to expand to additional land. The agreement, if accepted by the Engineer, must describe the activity for which the land will be used and how the Contractor will restore the land.

The Contractor shall construct all access roads, detour roads, or other temporary works, as required by the operations. The Contractor shall confine its equipment, materials storage, and worker operations to those areas shown and described, and such additional areas as the Contractor may provide. The Contractor shall provide such land, and access thereto, without liability to the City.

Prior to final payment, the Contractor shall furnish the Engineer with a written statement of clearance from the landowner for those properties on which work, equipment, or material staging took place.

4.04 Protection and Restoration of Property, Markers, and Landscape.

General: All construction work under this contract on rights-of-way, easements, or franchise, shall be confined to the limits of such rights-of-way, easements, or franchise. The Contractor shall accomplish all work so as to cause the least amount of disturbance and a minimum amount of damage. The Contractor shall take all necessary precautions to preserve and protect adjacent roadways, public and private properties and improvements, and underground facilities during work on the project. The Contractor shall take responsibility for any damage or injury resulting from:

1. Any act, omission, negligence, or misconduct in the execution of the work;

2. Defective work or materials; and

3. The work of a Subcontractor.

Except for damage due to unforeseeable causes beyond the control of, and without fault of negligence of the Contractor, the Contractor shall rebuild, repair, restore, and make good damages to any portion of the project or real property injured in the course of the work, from any cause before final acceptance, and without additional cost to the City.

The Contractor shall coordinate such repairs, replacements, or both, of real property with the affected property owner, and obtain the property owner’s written approval when the final work is complete. A copy of the property owner’s approval shall be submitted to the City. If the Contractor fails to perform such restoration within a reasonable time, the City may do so and deduct the cost from monies due the

Contractor or bill the Contractor, as appropriate.

The Contractor’s responsibility for the work lasts until final written acceptance of the project by the City, in accordance with General Conditions regarding

Completion and Warranty.

Site security: The Contractor shall provide site security in accordance with Special

Provisions Section 01231, SAFETY. Suspension of work does not relieve the

Contractor of responsibility for the project, except in accordance with General

Conditions provisions on Suspension of Work.

Vehicle Damage Claims: If a vehicle owner makes a vehicle damage claim, the

Contractor shall send a written response to the claimant addressing the claim and the actions the Contractor has taken or intends to take. The Contractor shall send a copy of the response letter to the following address:

City of Cheyenne Risk Management

Attn: Risk Manager

2101 O’Neil Ave

Cheyenne, WY 82001

Trenches: The Contractor shall not leave trenches open across travel ways for more than twenty-four (24) hours or over weekends or holidays. Trenches that present a danger to vehicular or pedestrian traffic shall be backfilled or barricaded at the end of each day's work.

Structures: The Contractor shall remove such existing structures as may be necessary for the performance of the work and, if required, shall rebuild the structures thus removed in as good a condition as found with minimum requirements as herein specified. The Contractor shall also repair all existing structures damaged as a result of the work under this contract.

Cultivated Areas and Other Surface Improvements: All cultivated areas, either agricultural or lawns, and other surface improvements damaged by Contractor’s actions shall be restored as nearly as possible to their original condition and in accordance with Standard Specification, Section 02900, Landscaping. Prior to excavation on an easement or private right-of-way, the Contractor shall strip topsoil from the trench or construction area and stockpile it in such a manner that it may be replaced by the Contractor upon completion of construction. Ornamental trees and shrubbery shall be carefully removed, with the earth surrounding their roots, wrapped in burlap and replanted in their original positions within twenty-four (24) hours. The Contractor shall replace all shrubbery or trees destroyed or damaged with material of equal quality at no additional cost to the City or property owner.

In the event that it is necessary to trench through any lawn areas, the sod shall be carefully cut, rolled, and replaced after the trenches are backfilled. The Contractor shall then clean the lawn area of debris by raking or other means. All fences, markers, mail boxes, or other temporary structures shall be removed by the

Contractor and immediately replaced after the trench has been backfilled, in their original positions. The Contractor shall notify the Engineer and property owner at least twenty-four (24) hours in advance of any work done on easements or private rights-of-way.

Streets: The Contractor shall assume all responsibility for restoration of the surface of all streets (travel ways) used by the Contractor and damaged.

4.05 Cooperation by the Contractor. Contact and Emergency Response: The

Contractor shall maintain a telephone for the duration of the contract, at the

Contractor’s own expense, where the Contractor or the Contractor’s authorized representative may be reached directly or by message at all times, including weekends and holidays. The Contractor shall cooperate with the Engineer and inspectors at all times and shall respond to requests for emergency repairs to the contract work no later than two (2) hours of the request.

If the Contractor does not respond to requests for emergency repairs within the time allotted, the City reserves the right to enter the work area and conduct repairs with

City forces or City-hired forces. The Contractor will be responsible for all costs incurred by the City in responding to the emergency repairs and will also be responsible for restoring all work back to the required contract conditions. The City will not be responsible for any damages to the Contractor’s work or equipment that results from the City responding to the emergency repair.

Superintendence: When work is underway, including work by a Subcontractor, the

Contractor shall ensure the presence of a competent project superintendent, who is an employee of the Contractor, at the worksite at all times, unless otherwise agreed to by the City. The project superintendent shall have the ability to communicate clearly; to read, interpret, and implement the relevant contract documents; have experience in the work included in the project; have authority to represent and act for the Contractor, including authority to execute the Engineer’s directions; and authority to obtain and provide sufficient materials, equipment, tools, labor, and incidentals to complete the project as specified.

4.06 Cooperation between Contractors. The City may contract with separate

Contractors for additional work on or near the worksite. When separate contracts are let, the City requires each Contractor to cooperate with and work without hindering each other.

Each Contractor assumes liability, financial or otherwise, for its own errors, acts, or omissions and holds the City harmless, in accordance with the General

Conditions of the Contract, from damages or disputes arising from inconvenience, delay, or loss due to the presence and operations of other persons, contractors or public entities on or near the worksite.

4.07 Maintenance during Construction. The following shall be added to Standard

Specification Section 01054.1.09:

The Contractor is responsible for snow removal within all barricaded areas of the project. The Contractor will be responsible for snow removal within the travel way of the project area unless a minimum of a 16’ lane is provided for the City plows.

5.00 CONTROL OF MATERIAL

5.01 Inspection and Testing for Quality Control. Requirements: All materials and work shall be tested and inspected in accordance with the specifications. The

Contractor shall provide testing and inspection services to verify compliance with requirements specified or indicated. The Contractor shall be responsible for scheduling inspections and tests and notifying the laboratory.

The Contractor shall provide advance notification to the Engineer of any testing or sampling to be conducted. The Engineer may provide Quality Assurance testing to prevent against defects and deficiencies in the Contractor’s work by verifying that the Contractor’s Quality Control testing is accurate and adequate. However, furnishing such Quality Assurance testing shall not relieve the Contractor of responsibility for providing Quality Control testing or responsibility for the

Contractor’s failure to perform the work in accordance with the contract documents.

Laboratory Requirements: The Contractor shall retain the services of an

Independent AASHTO-accredited testing laboratory to inspect, sample and test the related work. The testing laboratory shall cooperate with the Engineer and the

Contractor in performing its duties and shall provide qualified and/or certified personnel to perform inspections and tests.

Tests shall be performed in accordance with the most recent cited standard methods of AASHTO or ASTM, approved AASHTO Interim Specifications, or ASTM

Tentative Specifications in effect on the advertised date of the public bid opening or more stringent Quality Control requirements where specified in the Special

Provisions.

The testing laboratory shall promptly notify the Engineer and the Contractor of deficiencies in the work observed during the performance of its duties. The testing laboratory shall not approve or accept any portion of the work nor shall it perform any duties of the Contractor.

Submittals: The testing laboratory shall submit a certified written report of each inspection and test to the Engineer, Contractor, and any other entities designated by the City. Copies of all test results shall be provided to the City within twenty-four

(24) hours of the availability of the test results with written report to follow within seven (7) Working Days. Reports of each inspection, test, or similar service shall include the following:

1. Name, address, and telephone number of testing laboratory.

2. Project title and project number.

3. Date of report and designation (number).

4. Dates of testing and maps with sufficient detail to accurately identify locations where samples were taken or inspections and field tests made.

5. Ambient conditions at the time of sample taking and inspecting, or field testing.

6. Names of individuals taking the sample or making the inspection or test.

7. Product and test method.

8. Inspection or test data including interpretation of test results and comments or professional opinion on whether inspected or tested work complies with requirements.

9. Recommendations on retesting or re-inspections.

10. Name and signature of laboratory inspector.

5.02 Unacceptable Materials. The Contractor shall not undertake any work in which untested or non-conforming materials are used without prior, written, express approval from the Engineer. Any such work undertaken using untested or non-conforming materials without the prior, written, express approval of the Engineer may be considered in material breach of this contract and, if directed by the City, shall be removed at no additional cost to the City.

5.03 Storage of Materials. Materials shall be stored, in accordance with manufacturer’s recommendations, and handled in a manner that facilitates inspections and preserves the materials’ quality and suitability for use. Material shall be transported in vehicles built to prevent loss, contamination, or segregation after loading and measuring. The Engineer may re-inspect stored, previously inspected materials before approving their use in the work.

As approved by the City, that portion of the right-of-way within the project limits not required for public travel may be used for storage purposes and for placing of the Contractor’s plant and equipment. Material stored on or adjacent to public streets shall not create a safety hazard, obstruct, or inconvenience the traveling public. Any additional space required must be provided by the Contractor at the

Contractor’s expense. Private or public property shall not be used for storage purposes without written permission of the owner or lessee. All storage sites shall be restored to their original condition by the Contractor at the Contractor’s sole expense. Construction materials may not be stored in streets, roads, or highways for more than five (5) days after unloading. All materials or equipment not installed or used in the construction within five (5) days after unloading shall be stored elsewhere by the Contractor at the Contractor’s expense, unless the Engineer authorizes additional storage time.

Excavated material, except that which is to be used as backfill in the adjacent trench, may not be stored in public streets, roads, or highways unless the Engineer authorizes such storage. Erosion control shall be provided around all excavated or backfill material. After placing backfill, all excess material shall be removed immediately from the site.

5.04 City-Furnished Material. If specified in the Special Provisions, the City will provide material for incorporation into the project. Materials furnished by the City will be delivered, or made available to the Contractor, at the locations specified in the Special Provisions.

The cost of handling and placing all materials supplied by the City shall be considered as included in the contract price for the item in connection with which they are used.

The Contractor shall be held responsible for all material delivered to him, and deductions shall be made from any money due to make good any shortages or deficiencies, from any cause whatsoever and for any damage which may occur after such delivery and for any demurrage charges.

5.05 Rights In and Use of Material Found in the Work. The City may authorize the use of aggregate or other material found in excavation for use in another pay item.

The City will pay the established contract unit price for excavation of such material and for the pay item for which it was used. If the excavated material is used for another pay item but was otherwise needed for embankments, backfills, approaches, or other purposes, the Contractor shall provide an acceptable replacement at no additional cost to the City.

The Contractor shall not excavate or take material outside the slope stake limits without the City’s prior written approval. The right to use and process material found within the project limits excludes use and processing for noncontract work.

If the Contractor produces or processes more material from the project than is required for the contract, without additional compensation to the Contractor, the

City may take possession of the excess material and direct its use; or require removal of the material and restoration of the land to a satisfactory condition.

5.06 Removal and Salvage of Materials. Any equipment, hardware, structures, inlet grates, valve boxes, manhole rings, covers and lids, traffic control standards, signs and posts, fence and any other miscellaneous items designated for removal from the site and salvage to the City shall be removed from the site and taken to a location designated by the City. All such materials shall be the property of the City unless otherwise specified. Diligent care shall be taken during the removal of all materials to prevent damage.

Manhole covers and manhole rings designated for salvage shall be both plainly marked with a durable, exterior paint for easy identification as individual pairs.

5.07 Material Spoil Area/Waste Site. The Contractor shall notify the Engineer at the preconstruction conference as to the location selected to dispose of the excess, waste and unsuitable materials and a map indicating the haul route for the removal from the project.

Lost and spilled materials onto the route taken by the Contractor shall be promptly removed. The route shall be maintained as deemed necessary by the Engineer by the use of water trucks, motor grader, hand labor and related equipment to alleviate the problem of lost spills, tracked mud, and dust control. Prompt restoration of the route is required.

No extra compensation shall be allowed for the disposal of the waste and surplus material; including but not exclusively; dump fees, extra haul distances and time, changed haul routes, and haul road maintenance.

5.08 Load Restrictions. The Contractor shall be responsible for all damage to the work caused by the Contractor’s hauling equipment. The Contractor shall comply with legal load restrictions when moving equipment or hauling materials on public roads that remains in service. A permit to operate an overweight, oversized, or over-width vehicle does not relieve the Contractor of liability for damage to public roads due to the moving of equipment or materials.

The Contractor shall not allow loads on concrete pavement, base, or structures before the strength or time requirements for the concrete have been met. In case of pipes, the Contractor shall not allow loads before placing the specified cover fill.

6.00 RESPONSIBILBILTY FOR UTILITY PROCEDURES

AND SERVICES

6.01 Location. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone or cable are shown on the plans, the Contractor, for the purpose of preparing the Contractor’s bid, shall assume that every property parcel is served by a service connection for each type of utility. Failure by the Engineer to show the location of any utility on the plans shall not relieve the Contractor from the responsibilities below.

Before proceeding with the work, the Contractor shall confirm the final grade and locations of such facilities in accordance with the “Wyoming Underground

Facilities Notification Act” and the “Wyoming High Voltage Power Lines and

Safety Restrictions Act.”

The Contractor shall notify utility and pipeline companies of the proposed construction schedule at least two (2) Working Days before the start of work. The

Contractor shall ask for the nature, location, and depth of pipes and cables and areas where they may conflict with the work. If a company cannot or will not provide this information, the Contractor shall obtain it by alternate means. Where conflicts may exist, the Contractor shall locate the relevant pipes or cables in three dimensions.

The Contractor shall not begin excavation until all such features have been located, their owners notified, and the Engineer has approved. The Contractor shall not interrupt the service function or disturb the supporting base of any utility without authority from the utility owner or an order from the City. Where protection is required to ensure support of utilities, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at no cost to the City.

6.02. Utility Line Conflicts and Damage. If utility lines are determined to be in conflict with or are damaged during the work, the Contractor shall stop work in the immediate area, notify the Engineer and the utility owner, and cooperate with the owner to move or repair the utility. The Contractor shall be solely responsible for any damage done to such utilities due to failure to preserve original locate marks or to properly protect the utilities when their location is known.

7.00 WORK SCHEDULE AND CONDITIONS

7.01 Pre-Construction Conference. The Contractor will schedule and convene, at a mutually convenient time before the start of work, a Preconstruction Conference with, all Subcontractors, Design Engineer and/or City’s Representative, Board of

Public Utilities, Power Company, Telephone Company, Gas Company, Cable

Television, and other interested parties. Before or at the meeting, the Contractor shall provide the following, if applicable:

1. A letter providing the names, phone numbers and addresses, of material suppliers and Subcontractors;

2. Project Schedule in accordance with the item 7.05 Schedule below;

3. Spill contingency and storm water pollution prevention plans in accordance with Standard Specification Section 01563 Erosion Control and Storm Water

Management;

4. A traffic control plan in accordance with Section 01050 Traffic Control;

5. A list with names and phone numbers of key personnel, including the project superintendent and subordinates, authorized to sign contract documents and project records;

6. A list of phone numbers for the Contractor’s personnel the Engineer should call in case of emergency in accordance with item 4.05 Cooperation by the

Contractor above; and

7. Other items the Engineer may request.

7.02 Weekly Conference. Subsequently a representative of the Contractor and the

Contractor’s Subcontractors (if requested) shall attend a weekly conference at a mutually convenient time and at a place designated by the City to review progress and discuss any problems that may arise or have incurred.

7.03 Work Progress. The Contractor shall make every effort to complete work in a manner and fashion that minimizes roadway closures and inconveniences to the traveling public and adjacent property owners. Progress will be continuously prosecuted on all roadways and drive approaches that have been closed for construction in accordance with Section 01041.1.01.I. of the Standard

Specifications.

The Contractor shall not open up work to the prejudice or detriment of work already started. The City may require the Contractor to finish a section on which the work is in progress before work is started on any additional sections if the opening of such section is essential to public convenience.

7.04 Working Days and Time. Normal working hours shall be 7:00 am to 6:00 pm. No work shall be allowed on Saturdays without the City’s prior written permission. For the purposes of time limitations specified in these instructions, a Saturday shall count as a “Working Day” if the City has approved work on that Saturday. No work, except for City-approved emergency repairs, shall be allowed on Sundays or

Holidays. For the purposes of the time limitations in these instructions, neither a

Sunday nor a Holiday will count as a “Working Day” even if the City has authorized emergency repairs to be performed on that Sunday or Holiday. If the Contractor desires to perform work beyond the City’s normal working hours, the Contractor must obtain the City's written approval forty-eight (48) hours in advance of scheduled work. In an emergency situation, verbal approval will suffice until the next working day at which time written approval shall be obtained before further inspection work beyond normal working hours will be provided.

Holidays. Normal City holidays are as follows:

HOLIDAY DATE

New Year’s Day January 1st

Martin Year’s Day Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday of May

Independence Day July 4th

Labor Day First Monday in September

Veteran’s Day November 11th

Thanksgiving Day Fourth Thursday in November

Day after Thanksgiving Day after Thanksgiving

Christmas Day December 25th

With the Engineer’s prior written approval, no work shall be permitted the day before, during, and the day after said holidays. The Engineer may require the

Contractor to cease construction operations at any other time if the Contractor’s operations are of such nature, the project is so located, or the traffic is of such volume that the Engineer deems it expedient to do so.

Frontier Days. During Cheyenne Frontier Days (CFD), typically the last full week in July, and the week immediately preceding, special rules shall apply in the following designated areas:

1. All roadways contained in the area bounded by 15th St. on the south, Snyder

Ave. on the west, Pershing Blvd. on the north, and Van Lennen Ave. on the east, including the roadways making up the boundaries.

2. All roadways contained in the area bounded by Pershing Blvd. on the south, Interstate 25 on the west, the extensions of Manewal Dr. on the north, and

Warren Ave./Yellowstone Rd. on the east, including the roadways making up the boundaries.

3. All roadways designated on the functional classification map as “Principal

Arterial” or “Minor Arterial”.

4. All roadways located north of the Union Pacific Railroad tracks designated on the functional classification map as “Major Collector” or “Minor Collector”.

Functional classification maps are available from the Engineer’s Office or the

Cheyenne Metropolitan Planning Organization’s website at www.plancheyenne.org.

During the week immediately preceding CFD, the special rules are as follows:

1. Work in the designated areas shall be in a state whereby all facilities are available to the public no later than 5 pm Wednesday of the week immediately preceding CFD;

2. After Wednesday of the week immediately preceding CFD, the only work allowed in designated areas are emergency repairs and operations having a duration of less than one (1) hour (including moving operations, such as striping or street sweeping).

3. All equipment, materials, traffic control devices, and other construction items shall be removed from the designated areas prior to 5 pm Wednesday of the week immediately preceding CFD.

4. All roadways and pedestrian ways shall be in such a condition that there shall be no interference with parades or other CFD event operations.

During CFD:

1. No work will be allowed in the designated areas with the exception of City-approved emergency repairs and moving operations, such as striping or street sweeping.

2. All moving operations must be approved in writing, in advance by the Engineer.

3. Work and traffic control operations can recommence during normal working hours on the Monday morning following the end of CFD.

Exceptions to the above will be made at the Engineer’s sole discretion.

7.05 Schedule. The Contractor shall submit a project schedule to the Engineer for review and discussion at the Pre-Construction meeting. This schedule shall be sufficiently detailed to show the following:

1. The activities needed to perform and complete the work, activities that might delay contract completion, and critical activities such as street closures or major traffic restrictions.

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2. Sequence of each activity required to complete the project within the contract time allotted and in the manner specified. Interrelationships among activities shall be shown without lead or lag time.

3. The planned start and completion dates for each activity, the duration of each activity with activities of more than fifteen (15) Working Days in duration broken into two or more activities distinguished by location or some other feature.

4. Interim, milestone, and project completion dates specified in the contract.

5. An indication of how the schedule accommodates adverse weather days for each month.

6. Dates related to the procurement of materials, equipment, articles of special manufacture, etc.

7. Dates related to the submission of working drawings, plans, and other data specified for review or approval by the Engineer.

8. Dates related to required special inspections of structural steel fabrications and other specified activities by the City or third parties.

The Contractor shall submit monthly updates to the Project Schedule at the time of the submittal of the monthly Pay Estimate. The schedule update shall include any revised planned start and finish dates for each activity shown on the most recent accepted schedule. For newly started or finished activities, the Contractor shall include the actual start or finish date. For activities previously started and still ongoing, the Contractor shall show the remaining duration and planned finish dates.

The City may withhold processing the monthly Pay Estimate until the Contractor submits the monthly update to the Project Schedule.

The Engineer may request a schedule revision at any time for any reason.

Circumstances leading to such a request include, but are not limited to, the following:

1. A delay (actual or projected) of partial or contract completion dates by fourteen

(14) calendar days or more;

2. A difference between the actual rate of progress and that depicted in the schedule; and

3. Issuance of a contract modification that, by adding, deleting, or revising activities, changes the planned sequence of work or the method and manner of its performance.

7.06 Requirements for Workers, Methods, and Equipment. The Contractor shall at all times provide enough qualified labor and enough capable equipment to complete the project in accordance with the contract.

The Contractor shall provide workers that are sufficiently skilled to perform the work assigned to them. In writing, the City may direct removal from the project of any person, regardless of employer, who is unsafe, incompetent, intemperate, disorderly, or insubordinate. Through written notice, the City may suspend the work for failure of the Contractor to comply with such a directive or for failure to provide enough qualified workers.

All equipment proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the project shall be such that no injury to the roadway, adjacent property, or other improvement will result from its use.

When the methods and equipment to be used by the Contractor in accomplishing the construction are not prescribed in the contract, the Contractor is free to use any methods or equipment that the Contractor demonstrates to the satisfaction of the

Engineer will accomplish the contract work in conformity with the requirements of the contract. When the contract specifies that the construction be performed by the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer.

If the Contractor desires to use methods or types of equipment other than those specified in the contract, the Contractor may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed to be used and an explanation of the reasons for desiring to make the change. Approval does not relieve the Contractor from the requirement to produce work in accordance with the contract documents. The use of alternative methods or equipment resulting in work that fails to meet contract requirements may lead the Engineer to, in writing:

1. Direct a stop in their use;

2. Order the completion of remaining work using the original specified methods or equipment; or

3 . Require the removal, at no additional cost to the City, of the unsatisfactory work and its replacement using the original specified methods and equipment.

7.07 Suspension of Work. The City shall have the authority to suspend the work wholly or in part, for such period as may be deemed necessary due to unsuitable weather, due to such other conditions as are considered unfavorable for the suitable prosecution of the work, for failure of the Contractor to correct unsafe conditions, for failure of the Contractor to carry out orders given, or for failure of the Contractor to perform any provision of the contract.

If the City suspends the work for more than ninety (90) days, through no fault of the

Contractor, the Contractor may apply, in writing, for a price adjustment to compensate for reasonable expenses caused by the suspension. Any application for price adjustment or contract time extension will be submitted to the governing body of the City for its consideration in the form of a Contract Modification. It will be the responsibility of the Contractor to provide sufficient documentation to substantiate any claim.

The City will not grant or consider contract modifications based upon City-ordered suspension:

1. Without timely written notice from the Contractor;

2. To the extent that the suspension is overlapped or falls within a suspension or delay due to any other cause, including delays caused by the Contractor;

or

3. That includes profit.

The Contractor may ask the City to suspend the project in writing due to unsuitable weather or due to such other conditions as are considered unfavorable for the suitable prosecution of the work. The Contractor shall not suspend operations or remove necessary equipment or materials without approval from the City.

During delays or suspensions, if the traveling surface is a leveling course or non-paved surface, the Contractor shall maintain the roadway for traffic use (including snow removal and placing of sand) and the quality of the surface course until the placement of additional course or temporary surfacing, at no additional cost to the

City. If placement of concrete pavement or a full lift of plant mix pavement is not completed before delays or suspension of work, the Contractor shall provide, place, and maintain the temporary plant mix pavement and then remove it at the end of the suspension.

During suspensions, the Contractor shall store materials and equipment, at no additional cost to the City as far from the travel way as possible; at a location that will not cause maintenance or safety problems for the roadway; and at a location where they will be protected from damage. The Contractor shall maintain all living material in new plantings, seeding, and sods in an acceptable growing condition and protect from injury, at no additional cost to the City.

During suspensions, the Contractor shall provide roadway drainage, temporary structures needed for public travel throughout the project, any required temporary traffic control, along with removal of such temporary structures, traffic control, and surfacing, at the end of the suspension at no additional cost to the City. Before suspension, the Contractor shall protect slopes without vegetation in accordance with Section 01563 Erosion Control and Storm Water Management.

If during a suspension the Contractor fails to accommodate traffic or maintain the project, including temporary traffic control devices, the Engineer may direct other organizations to do so. The City shall deduct the cost from monies due the Contractor or bill the Contractor, as appropriate.

During suspensions, the Contractor shall complete necessary measures to protect the work and the roadway during the suspension. The Contractor shall repair or replace materials lost or damaged during the suspension at no additional cost to the City.

The Contractor shall resume work when conditions are favorable or when approved by the Engineer.

7.08 Extension of Contract Completion Date. The contract time for completion shall be fixed by the City and stated in the Contract Agreement, either as a calendar date or as a specified number of calendar days.

The Contractor shall perform the work in an acceptable manner within the time stated in the contract except that the contract time for completion may be adjusted as follows:

1. If the satisfactory completion of the contract shall require performance of work in greater quantities than those set forth in the proposal, the time allowed for performance shall be increased in the same ratio as the final estimate bears to the original contract amount, except that the final monetary amount of any contract modification for which an extension of contract time was…