S-9-26_SPECIAL_PROVISIONS.pdf
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- Attached to
- Kiwanis Park Trail and Constructed Wetlands
- Solicitation number
- S-9-26
- Issued by
- Natrona County, Wyoming
About this file
This is a Special Provisions document prepared by CivilWorx, LLC for the City of Cheyenne and Board of Public Utilities governing the Kiwanis Park Trail and Drainage Improvements project. The work encompasses construction of new wetlands, pedestrian gravel trails with interpretive signage, gravel bird blind pads with foundations, reseeding and restoration activities associated with wetlands and trails, parking lot refinements for ADA accessibility, and removal and installation of fencing in the lower park portion. The 105-acre Kiwanis Park site is located at the southwest corner of Pershing Boulevard and Whitney Road. Work restrictions prohibit construction within 200 feet of Dry Creek or the existing fence line from April 1 through May 31 to protect waterfowl nesting, with fencing for the southern park portion remaining in place during this closure period. The project requires substantial completion by December 31, 2026. All contract work must comply with the City of Cheyenne and Board of Public Utilities Construction Standards and Specifications, 2022 Edition. The contractor is responsible for obtaining the Laramie County Grading Permit, with anticipated fees not to exceed $1,400, plus a minimum 30-day review period. A preconstruction conference must be held prior to grading installation. The contractor must notify the owner and engineer of substantial completion for county site review as required by the Laramie County Floodplain Development Permit.
Payment provisions include mobilization as a lump sum item paid monthly based on percentage of original contract amount earned, with 50 percent paid at first request, 100 percent by 75 percent contract completion. Construction surveying is paid as a lump sum based on project completion percentage, with final retainage withheld until receipt and acceptance of as-built points and field documentation. Fencing removal and new installations are measured by linear foot with gates measured individually as specified on the bid schedule. Seeding is measured by actual acres completed and accepted, with payment at contract unit price multiplied by acres seeded. All contract items are subject to 10 percent retainage withheld until final payment. The contractor must provide a one-year seed guarantee covering unsatisfactory growth from the date of final acceptance, with one replacement required if necessary. The contract includes provisions for force account work reimbursement for unforeseen or owner-directed work not covered by unit prices, with labor paid at actual wages plus 20 percent for overhead and insurance, materials at actual cost plus 15 percent, and equipment rental at Wyoming State Highway Commission approved rates.
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SPECIAL PROVISIONS TO THE
CITY OF CHEYENNE AND BOARD OF PUBLIC UTILITIES
CONSTRUCTION SPECIFICATIONS
AND STANDARD DRAWINGS
2022 EDITION
KIWANIS PARK TRAIL &
DRAINAGE IMPROVEMENTS
PREPARED FOR:
City of Cheyenne 2101 O’Neil Avenue
Cheyenne, WY 82007
PREPARED BY:
CivilWorx, LLC 1807 Capitol Avenue Suite 108
Cheyenne, WY 82001
October 8, 2025
KellyHafner Snapshot
PART VIII – SPECIAL PROVISIONS Kiwanis Park Trail and Drainage
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GENERAL PROVISIONS:
The Standard Specifications governing this project shall be the City of Cheyenne and Board of Public Utilities Construction Standards and Specifications, 2022 Edition with all current amendments, and any amendments at the time of the contract. It is the CONTRACTOR’s responsibility to obtain and keep himself current regarding these standard specifications. The City of Cheyenne shall be engaged in oversite and inspections on this project.
Other jurisdictions in the area of work include:
Property and Floodplain Laramie County
Where these Special Provisions conflict with the Contract Design Plans, or the Standard Specifications, these Special Provisions shall govern. For conflicts between the Contract Design Plans and Standard Specifications, the Contract Design Plans shall govern.
Bidding quantities, measurement, and payment for this phase of the project is outlined in other portions of the contract documents. General alterations to the standard specifications shall include the following sections of the City of Cheyenne and Board of Public Utilities Construction Specifications and Standard Drawings, 2022 Edition.
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Contents
GENERAL PROVISIONS:
SECTION 01005 DEFINITIONS:
SECTION 01010 SUMMARY OF WORK:
SECTION 01041 PROJECT COORDINATION:
SECTION 04001 FENCING (Added Section)
SECTION 04002 SOIL PREPARATION, FINE GRADING, AND SEEDING (Added Section)
SECTION 04003 FORCE ACCOUNT (Added Section)
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SECTION 01005 DEFINITIONS:
Add the following to Part 2, Section 2.02 Definitions and Terms:
The term OWNER or Developer, as used in these Special Provisions, shall mean CITY OF CHEYENNE or an authorized representative.
The term ENGINEER, as used in these Special Provisions, shall mean CivilWorx, LLC, or an authorized representative.
The term COUNTY, as used in these Special Provisions, shall mean Laramie County Public Works Department, or an authorized representative or as outlined in the contract documents.
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SECTION 01010 SUMMARY OF WORK:
PART 1 GENERAL
Delete sub-sections 1.01 A of this Section
Add the following to Part 1 General, Subsection 1.01 Summary:
I. The project name is: The Kiwanis Park Trail and Drainage Improvements as shown in the Contract Design
Plans prepared by CivilWorx, LLC and RVI.
J. The work included under this contract consists of furnishing all labor, operations, materials, accessories, equipment, and incidentals indicated, specified, mentioned, scheduled, or implied on the Contract Documents for the work of each pay item in its entirety. The CONTRACTOR shall obtain and pay all costs incurred for permits, fees, insurance, sales taxes, and other taxes incidental to the contract even if not specifically addressed in these contract documents.
K. Omissions from the drawings or specifications of details of work which are necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the CONTRACTOR from performing such details of the work.
L. The project timeline requires substantial completion by December 31, 2026. Limitations for access to the project property include no work within 200’ of Dry Creek or the existing fence line designated for removal, whichever is furthest, from April 1st to May 31st to reduce disturbance to waterfowl nesting.
Fencing for closing of southern portion of park shall remain in place during the spring April 1 to May 31st shutdown. This can be accomplished by either leaving the existing park fencing in place or fully repaired, or by having the replacement fencing in place.
Add the following to Part 1 of this Section:
1.02 CONTRACTOR USE OF PREMISES
A. The CONTRACTOR shall note the premises are properties under ownership by City of Cheyenne but is located in unincorporated portions of Laramie County.
1.03 OWNER USE OF PREMISES
A. The City and the Laramie County, their representative, their contractor, or others may require access through the project area at times during the construction period. The CONTRACTOR shall coordinate the work schedule with the ENGINEER or OWNER’s representative and make reasonable adjustments to the schedule to permit required access.
1.04 RIGHT-OF-WAY, WORK AND STAGING AREA
A. Note that no temporary construction structures shall be allowed in the Flood Hazard Area (Floodway and Floodplain Fringe) in the vicinity of the project.
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B. The CONTRACTOR shall note this project is located within an area subject to periodic inundation from rainfall and snowmelt events. Staging for equipment, when not in use or for shutdown periods shall be in areas outside the floodplain.
SECTION 01041 PROJECT COORDINATION:
Delete sub-sections 1.01 A, B, C, G and J in this Section.
Replace/Add the following to Part 1 General, Subsection 1.01 Summary:
A. Responsibilities for Work Permits for the project shall be as follows:
The OWNER shall apply for and obtain the following permits:
Laramie County Site Plan Approval Laramie County Floodplain Development Permit USACE Pre-construction Notification
The CONTRACTOR shall apply for and obtain the following permits:
Grading Permit: Laramie County Plan
B. The OWNER and ENGINEER shall assist the CONTRACTOR with the grading permit application by providing an initial Stormwater Pollution Prevention Plan for submittal with Grading Permit.
Application and Plan Review Fees shall be paid by the Contractor. For bidding purposes, the CONTRACTOR shall assume the County Engineer’s Review fee shall not exceed $800 and the County Grading Permit Application Fee of up to $600. Fees above this amount shall be considered for Force Account with submittal of receipts of paid fees to Laramie County. The Contractor shall assume a minimum of 30 days for receipt of grading permit from date of submittal.
C. A preconstruction conference shall be held with the OWNER, ENGINEER. This conference shall be scheduled by the contractor coordinated with the stakeholders. Grading installations shall not occur until after the preconstruction conference and receipt of approval from Laramie County for the Grading Permit.
D. The CONTRACTOR shall notify the OWNER and ENGINEER for substantial completion of grading and site restoration and be present for a site review by Laramie County as required by the Laramie County Floodplain Development Permit for the project. The ENGINEER shall notify the COUNTY when the site is ready for inspection.
E. Emergency work, if required shall require notifications of the OWNER and ENGINEER by 8:30 am the morning after work has commenced. "Emergency work" means an occurrence, including a loss of communication, which demands immediate action to protect the health, safety, and welfare of the public and to prevent loss of life, health, property, or essential public services.
Delete sub-sections 1.05 Coordination with the OWNER, ENGINEER, BOPU and City and replace with the following.
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1.05 COORDINATION WITH THE OWNER, ENGINEER, AND BOPU:
A. The OWNER shall provide engineering control and references to reestablish reference points as necessary to reproduce the design survey. All survey work under the CONTRACTORs supervision shall be done in accordance with Wyoming State Statutes Title 33, Chapter 29. All work shall be constructed in accordance with the lines and grades shown on the approved plans or as changed by an ENGINEER.
Add the following Part 1 of the Section:
1.06 MISCELLANEOUS COMMUNICATIONS:
A. The CONTRACTOR shall provide and maintain a quality control system that will provide a reasonable assurance that all materials and construction submitted for acceptance conform to the contract requirements whether manufactured or processed by the CONTRACTOR or procured from subcontractors or vendors. Although guidelines are established and certain requirements are specified herein, the CONTRACTOR shall assume full responsibility for accomplishing quality control.
B. The CONTRACTOR shall notify the ENGINEER at least 24 hours prior to commencement of the work or before any major phases of the work. At least once per two-week period, the CONTRACTOR shall meet and discuss with the ENGINEER and OWNER, the schedule of work for the following week/weeks. The CONTRACTOR shall notify the ENGINEER and OWNER of any substantive changes to the schedule as soon as possible.
1.07 MOBILIZATION
A. The work shall consist of the mobilization of the CONTRACTOR’s forces and equipment necessary for performing the work required under the contract. Mobilization shall include transportation of personnel, equipment, and operating supplies to the site; establishment of office, buildings, or other necessary facilities at the site; and other site preparatory work.
B. Mobilization shall include any demobilization for weather shut-downs or remobilization following weather shut-downs.
1.08 JOB OFFICES AND STAGING AREA
A. The CONTRACTOR and Subcontractors may maintain such office and storage facilities on the site as necessary for the project. These sites shall be located to have minimal interference with adjacent businesses and properties or to vehicular traffic. The OWNER and the ENGINEER shall be consulted regarding locations. The CONTRACTOR shall verify potential locations with the OWNER and ENGINEER prior to mobilization.
1.09 Construction Surveying
A. Construction Surveying shall be used to control and document the horizontal and vertical locations of facilities removed and installed with the project. The CONTRACTOR and Subcontractors shall utilize construction surveying for removal and replacement of equivalent features such as trails and
7 | P a g e grading for wetlands as outlined on the Contract Design Plans. The contractor shall have access to control and survey points gathered with the initial project design survey. The CONTRACTOR shall obtain as-constructed horizontal and vertical points in a NAD 83 Wyoming State Plane East US FT and NAVD 88 datums. As-constructed elevations shall be gathered to verify the as-constructed volumes of the proposed wetland ponds. This information shall be provided as survey points with corresponding legible PDF images of field book pages or as approved by the ENGINEER.
PART 4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
Add the following as Part 4, Method of Measurement and Basis of Payment:
4.01 METHOD OF MEASUREMENT
A. No separate measurement shall be allowed for other items not specifically defined under this section or shown on the contract Bid Schedule.
B. Mobilization will be measured as the complete series of setups required to complete the contract.
C. Any required insurance, bid bonds, performance and payment bonds, warranty bonds, permit fees and other fees required by the scope of work included in the contract documents shall be measured lump sum.
D. Construction surveying shall be separated out for measurement as a lump sum item.
4.02 BASIS OF PAYMENT
A. Full compensation for items not specifically separated for payment under this section or shown on the project Bid Schedule shall be considered as included in the prices paid for the various other contract items and no additional compensation shall be allowed.
B. Mobilization will be paid for at the contract Lump Sum price. No adjustment to the contract price for
Mobilization will be allowed unless authorized by the ENGINEER. Payment shall be made with a monthly estimate based on the percentage of the original contract amount earned in accordance with the following table:
Percentage of Original Contract Amount Earned Percentage of Lump Sum Price for Mobilization
First Pay Request 25 50 75 75 90
100 100
B. Payment for bonds, insurance, and fees will be paid for at the contract Lump Sum price. No adjustment to the contract price for these items will be allowed unless authorized by the ENGINEER.
Payment shall be in accordance with the following table:
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Percentage of Original Contract Amount Earned
Percentage of Lump Sum Price for Bonds and Insurance, Fees
First Pay Request 90
E. Payment for construction surveying shall be paid based on the percentage of project completed as compared to the original contract amount. Retainage for this item shall not be considered for payment until after receipt and acceptance by the ENGINEER of the as-built points and associated field book documentation for as-built conditions. The OWNER shall not be responsible for additional payment on this item due to follow-up surveys on defective work.
F. All items under this section are subject to a ten percent (10%) retainage that will be withheld until final payment.
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SECTION 04001 FENCING (Added Section)
1.01 SUMMARY
A. This section outlines removal and restoration of existing fencing and/or installation new fencing.
PART 2 PRODUCTS
2.01 MATERIALS
A. Restoration of existing fencing shall include reinstallation of panels, gates, wire sections, posts, etc.
as found prior to work activities.
PART 3 EXECUTION
3.01 REMOVAL AND RESTORATION
A. Fencing removals, at the locations specified on the contract design plans, shall be to the nearest post or stationary support. Materials not designated for salvage or resetting shall become the property of the contractor and removed from the jobsite.
B. Salvaged materials for reinstallation shall be reinstalled to pre-removal conditions or better. Posts that cannot be salvaged shall be replaced with materials comparable to damaged items.
C. Fencing for closing of southern portion of park shall remain in place during the spring April 1 to May
31st shutdown. This can be accomplished by either leaving the existing park fencing in place or fully repaired, or by have the replacement fencing in place.
3.02 NEW INSTALLATIONS
A. New installations shall follow manufactures recommendations for panels, posts, gate mechanisms, etc.
PART 4 METHOD OF MEASUREMENT BASIS OF PAYMENT
A. When called for by the plans or encountered in the field, removal of existing fencing and installation of new fencing shall be measured by the linear foot. Any minor items of labor, or materials not specifically noted in this Special Provision or in the Contract Design Plans which is necessary for the proper completion of the work described will be considered incidental and are to be included in the contract.
B. Measurement of the removal and new fencing installation shall be separated by as outlined on the contract bid schedule per linear foot. Gate installation shall be measured as outlined on the project bid schedule. Any minor items of labor, or materials not specifically noted in this Special Provision
10 | P a g e or in the Contract Design Plans which is necessary for the proper completion of the work described will be considered incidental and are to be included in the contract.
A. The accepted quantities of Removal of Fencing and Restoration of Fencing of the dimensions and materials specified will be paid at the original contract unit price, complete and accepted in-place.
No additional compensation will be allowed, unless otherwise authorized by the ENGINEER.
B. Payment shall be made under:
Pay Item Pay Unit Removal of Fencing LF New Fencing LF Gate (Type, Length) EA
C. Full compensation for items not specifically separated for payment under this section or shown on the project Bid Schedule shall be considered as included in the prices paid for the other various contract items and no additional compensation shall be allowed.
D. All items under this section are subject to a ten percent (10%) retainage that will be withheld until final payment.
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SECTION 04002 SOIL PREPARATION, FINE GRADING, AND SEEDING (Added Section)
1.01 SUMMARY
A. This section shall consist of soil preparation, finish grading and seeding of areas shown on the plans and disturbed during construction. It shall include furnishing all labor, materials, supplies, equipment, tools and transportation to perform all operations in connection with and reasonably incidental to the various items of this section.
1.02 SUBMITTALS
A. Seed: Submit written statement on supplier’s letterhead of Manufacture’s specifications, tests (within 6 months of application), seed mixes, quantities and seed tags from bags.
1.03 INSPECTIONS
A. Site Inspection:
1. Contractor shall inspect existing site conditions and note irregularities affecting the work of this section. Verify that grading operations have been satisfactorily completed and that topsoil of adequate quantity and quality has been placed in areas as specified. Verify that the areas to be revegetated are protected from concentrated runoff and sediment from adjacent areas. Note previous treatments to the areas such as temporary seeding or mulching and discuss with the Project Representative how these treatments will affect permanent revegetation. Report irregularities affecting work of this section to the Project Representative before initiating work. When the Contractor begins work under this section, it implies acceptance of existing conditions.
2. Contractor shall notify Project Representative prior to start of work. The Project
Representative will be responsible to monitor the work as scheduled.
1.04 SEED GUARANTEE/WARRANTY PERIOD
A. Guarantee seeding work against defects for a period of one growing season from the date of final acceptance including unsatisfactory growth, except for defects resulting from OWNER’s neglect, vandalism or natural phenomena. One (1) replacement is required if necessary.
B. This guarantee will not be enforced should seeding die due to vandalism, improper maintenance or other circumstances beyond the control of the Contractor.
C. Areas seeded in the spring shall be inspected for required coverage the following fall, no later than the end of October. Areas seeded in the fall shall be inspected by the end of October of the following year.
1.05 PROTECTION
A. Protect landscaping and other features remaining as final work.
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B. Protect existing structures, fences, sidewalks, utilities, paving and curbs.
PART 2 PRODUCTS
2.01 MATERIALS
A. Topsoil: Existing, on site topsoil for use as part of backfill mix.
B. Seed:
1. Seed shall be mix as specified and have been tested for purity, germination rate and freedom from weeds within 6 months of the date of contract. All seed shall be free of noxious weeds and shall not exceed 0.1% crop seed.
2. Refer to the following Schedule of Seed Mixture and calculate all seeding rates by Pounds Pure Live Seed. (PLS)
Seed mix shall consist of the following mixture:
SEE SEED SPECIFICATION IN PLAN SET
PART 3 EXECUTION
3.01 EXAMINATION
1. Verify rough grading is within one (1) tenth of a foot. Verify site is free of obstruction, objects or structures that are not part of the final site construction. Verify major drainages are complete and in place. Do not start work until the site is acceptable. Once landscape grading has commenced, the Contractor shall be responsible for bringing all grading to final line and grade and creating positive drainage.
2. Do not seed until finish grade has been reviewed by Project Representative. This review does not reduce Contractor’s responsibility to provide a finished product that drains.
3.02 CLEARING
1. Prior to any soil preparation, existing vegetation not to remain and which might interfere with seeding work shall be mowed, grubbed, raked and the debris removed from the site. Prior to or during grading operations, the ground surface shall be cleared of materials which might hinder seed germination and growth.
3.03 SOIL PREPARATION AND FINISH GRADING
1. Spread stockpiled topsoil in all areas to be seeded.
2. Establish a final grade that provides positive drainage as indicated on the grading plans.
Eliminate uneven areas and low spots.
3. Remove debris, roots, branches, stones in excess of two (2) inch diameter in size.
4. Coordinate final grading to ½ - inch below trails, pavements and curbs in seeded areas.
5. Do not seed until finish grade has been reviewed by Project Representative. This review does not reduce Contractor’s responsibility to provide a finished product that drains.
6. Soil Prep: Prepare soil with well-aged, weed free and screened compost. Apply 1 cubic yard per
1,000 SF throughout all areas to receive seed.
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7. Amendments shall be tilled a minimum of four (4) inches deep forming a uniform mix. Any sticks, stones or other debris brought to the surface during tilling that is one inch or more in any dimension shall be removed. Other methods for mixing of compost shall be considered on a case-by-case basis with approval required prior to beginning of grading activities.
8. For seed areas trim finish grade elevations adjacent to paved areas, back of curb or gravel trails to (½) one-half inch below finish grade.
3.04 SEEDING, MULCH, EROSION CONTROL, CLEANUP, PROTECTION AND WARRANTY
A. Seeding:
1. All areas of the site disturbed by construction activities shall be seeded.
2. Seeding shall occur in spring from March through end of April or in fall from mid-September thru
November.
3. HYDRO-SEEDING IS NOT ALLOWED; proper seed germination requires good seed to soil contact and hydroseeding keeps seed suspended above the soil in many instances.
4. Seed shall be spread evenly at the rate of a minimum of 15 pounds/acre for Dryland Seed Mix and 3 pounds/acre for Native Wildflower Seed Mix when winds are calm, using a Brillion type seeder or approved equivalent. Depth bands should be adjusted for different soil conditions and seed sizes to accommodate accurate planting depth control. Drill into the soil about 1/4 to 3/8 inches deep on medium to fine textured soils. For sandy soils, plant at 1/2 to 3/4 inches deep. Provide separate seed boxes to facilitate both large and small seed planting and equip with agitators to keep fluffy seed flowing smoothly from boxes.
5. Seeding shall follow as closely behind tilling as possible to avoid special seed bed preparation. Any areas that have become muddy or hard shall be scarified to a depth of (4) inches and left in a friable condition.
Seed all slopes 2:1 and flatter by mechanical grass drill followed by a packer or drag chains. Do not perform seeding if winds cause blowing of seed and/or disturb soil.
6. For areas inaccessible to seeding machines, spread seed by hand or mechanically with hand-held or vehicle mounted spreader. In these cases, double the specified drill rate for seeding. Rake, drag or roll to cover as much seed as possible with approximately ¼ to 3/8 inch of soil to achieve good seed to soil contact. Some seed will remain visible and will not germinate.
B. Straw Roller Crimping/Hydraulic Mulch:
1. Verify that all seeding work is complete prior to application of mulch.
2. Mulch seeded areas within 24 hours after seeding.
3. For areas inaccessible to roller crimping use hydraulic mulch.
4. Hydraulic Mulch: Wood cellulose fiber mulch, dyed green, containing no substance or factor which might inhibit germination or growth of grass seed. Wood fibers must be capable of being evenly dispersed and suspended when agitated in water.
a. Mix wood cellulose fiber mulch and water in a slurry tank following manufacturer recommendations. Add cellulose fiber after required quantity of water and other approved materials have been placed in slurry tank.
b. Uniformly spray the slurry mixture over seeded areas, within 24 hours of seeding. Apply at a rate of not less than 35 lbs. per 1000 S.F.
c. Do not apply hydraulic mulch to surfaces with free water.
d. Apply mulch tackifier over seeded areas at the rate indicated, using approved spraying equipment.
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e. Provide test areas as required for adjusting mulching equipment to ensure conformance with indicated or specified application rate.
5. Straw Roller Crimping:
a. Apply straw mulch at the rate of 2.0 tons per acre.
b. Straw mulch shall consist of new straw of oats, barley, wheat or rye and not be in an advanced stage of decomposition nor contain seeds of noxious weeds. Old, dry straw which breaks in the crimping process will not be acceptable. Anchor straw mulch by roller or crimper punching.
C. Erosion Control:
1. Erosion Control Fabric: 100% agricultural straw blanket with bio-degradable netting both sides.
Install per manufacturer’s specifications.
2. Protect seeded slopes (greater than 3 horizontal to 1 vertical) against erosion with erosion control fabric or other methods acceptable to the City Representative. Secure netting with staples.
3. Protect all ditch areas with erosion control fabric, from bottom of ditch and up at least 2 feet on all slopes.
D. Clean Up, Protection and Warranty:
1. Clean Up: Remove all hydraulic mulch and other mulch materials from all plant materials, fences, concrete and other areas except for seed bed.
2. Protection: Provide and install barriers as required to protect seeded areas from pedestrian and vehicular damage. Provide signage if needed.
PART 4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Seeding shall be measured by the actual areas in acres seeded, completed and accepted.
Measurement shall be accomplished with the as-built surveys from which final payment will be made. Any minor items of labor, or materials not specifically noted in this Special Provision or in the Contract Design Plans which is necessary for the proper completion of the work described will be considered incidental and are to be included in the contract.
A. Basis of payment shall include soil preparation, fine grading, seeding and mulching as specified including all materials, labor and equipment to complete seeding.
B. Payment will be made at the contract unit price bid multiplied by the number of acres seeded and accepted.
C. Full compensation for items not specifically separated for payment under this section or shown on the project Bid Schedule shall be considered as included in the prices paid for the other various contract items and no additional compensation shall be allowed.
D. All items under this section are subject to a ten percent (10%) retainage that will be withheld until final payment.
END OF SECTION
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SECTION 04003 FORCE ACCOUNT (Added Section)
1.01 EXTRA AND FORCE ACCOUNT WORK
A. New, unforeseen, or other defined work shall be classified as “extra work.” “Extra work” is defined by the ENGINEER, who determines that the work is not covered by the Contract Unit Prices or stipulated unit prices. The CONTRACTOR shall perform unforeseen, or OWNER directed subsidiary work, for which there is not a price included in the contract, whenever it is deemed necessary or desirable for the Project. Such work will require an approved extra work order; and shall be performed as directed and in accordance with the specifications and will be paid for as provided herein.
B. Extra Work performed in accordance with the requirements of the Supplementary General
Conditions will be paid for in accordance with one or more of the following methods.
1. Contract unit bid prices, providing that the unit bid prices are representative of the work being performed.
2. Approved rental rates.
3. Lump Sum, as stipulated in the order authorizing the work.
4. The OWNER may require the CONTRACTOR to do such work on a force account basis, and the CONTRACTOR shall be reimbursed as specified in this Section 04000.
1.02 SUBMITTALS
A. The ENGINEER will provide the CONTRACTOR and OWNER with a detailed description of the work proposed. Authorized approved signatures will be required on the document by the CONTRACTOR, OWNER, and ENGINEER prior to any work being done.
PART 2 REIMBURSEMENTS TO CONTRACTOR
2.01 LABOR
A. For all laborers and foremen in direct charge of the specific operations, the CONTRACTOR shall receive the actual cost of wages paid by him, but at rate not to exceed those for comparable labor currently employed on the work, for each and every hour that said laborers and foremen are actually engaged is such work.
B. An amount equal to twenty percent (20%) of the sum of the above items will also be paid to the
CONTRACTOR to cover overhead, property damage, liability insurance, Worker’s Compensation Insurance premiums, Unemployment Insurance contributions, and Social Security taxes.
In addition to the above payments, the CONTRACTOR shall receive the actual costs paid to or on behalf of workers by reason of subsistence and travel allowances, health or welfare benefits, pension fund
16 | P a g e benefits, or other bona fide benefits, when such amounts are required by collective bargaining agreement or are legitimate fringe benefits applicable to the classes of labor employed on the project.
2.02 MATERIAL
A. For materials accepted by the ENGINEER and the OWNER and incorporated into the work, the CONTRACTOR shall receive the actual cost of such materials delivered on the work, including transportation charges paid by him (exclusive of machinery rentals as hereinafter set forth), to which cost fifteen percent (15%) will be added. The 15% addition will not apply to materials furnished under Specialized Work.
2.03 EQUIPMENT
A. For any machinery or special equipment (other than small tools) including fuel and lubricants, plus transportation costs, the use of which has been authorized by the ENGINEER and OWNER, the CONTRACTOR shall receive payment in accordance with the latest approved schedule of Equipment Rental Rates or the Wyoming State Highway Commission. In the event that any of the equipment to be used is not shown in said schedule, the rental rate for such equipment shall be agreed upon in writing before the work is started.
B. Rental of equipment will be measured by time, in hours of actual working time, and necessary traveling time of the equipment within the limits of the project. If special equipment has been ordered by the ENGINEER and OWNER and is to be used in connection with force account work, travel time to the project will be measured for payment.
C. Payment will be based on the number of hours as outlined above.
D. Standby time will be paid only on equipment ordered, brought to the job site, and/or ordered and held on the job by the ENGINEER or OWNER. Equipment already on the project to complete regular contract items will not be considered for payment on standby time.
2.04 MISCELLANEOUS
A. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided, including tool, machine, or storage buildings.
2.05 COMPENSATION
A. The CONTRACTOR’s representative and the ENGINEER shall compare record of the cost of the work done as ordered on a force account basis.
2.06 STATEMENTS
A. No payment will be made for work performed on a force account basis until the CONTRACTOR has furnished the ENGINEER with duplicate itemized statements of the costs of such force account work detailed as follows:
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1. Date, daily hours, total hours, rate, and extension for each classification of laborers and foremen.
2. Date, daily hours, total hours, rental rate, and extension for each code designation unit of machinery and equipment.
3. Quantities of materials, prices, and extensions.
4. Transportation of materials.
A. Statements shall be accompanied and supported by receipted invoices for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work, but are taken from the CONTRACTOR’s stock in lieu of the invoices, the CONTRACTOR shall furnish a certified correct statement that such materials were taken from his stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the CONTRACTOR.
2.07 SUBCONTRACTORS
B. When extra work paid for on a force account basis is performed by forces other than the CONTRACTOR’s organization, the CONTRACTOR shall reach an agreement with such other forces as to the distribution of the payment made by the OWNER for such work. Therefore, no additional payment will be made by the OWNER by reason of the performance of the work by a subcontractor or other forces.
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