107Legal Relations and Responsibility to the Public

Legal Relations and Responsibility to the Public

107.1Applicable Laws

1 B ecome familiar with and adhere to all federal, state, and local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority that may affect those engaged or employed on the project or affect the conduct of the work. Indemnify, defend, and hold harmless the state and its representatives against any dispute or third party liability claim due to a violation of any of the foregoing, whether by the contractor or any party or person engaged by the contractor. The department will not grant time extensions or pay compensation for delays or disruption resulting from actions against the contractor due to such violations.

2 The provisions of W. S. 16-6-121 apply when the contract amount is for $50,000 or more.

107.2Permits, Licenses, and Taxes

1 Obtain all permits and licenses; pay all charges, fees, and taxes; and give all notices necessary or related to the lawful prosecution of the work.

107.3Patented Devices, Materials, and Processes

1 Observe all patent and copyright laws and obtain through legal agreement with rights holders all necessary permissions for the use of intellectual property employed or incorporated in the work. Indemnify, defend, and hold harmless the department, affected third parties, and affected political entities from claims, lawsuits, or causes of action for infringement filed against the contractor by the rights holder of protected intellectual property. Pay any costs, expenses, or damages incurred by reason of such infringement, at any time.

107.4Contractor’s Insurance Requirements

107.4.1 General

1 Provide the following insurance policies meeting the State of Wyoming Statutory requirements, including minimum cancellation notification provisions . Maintain required insurance policies in effect for the duration of the project. Obtain primary, not contributory, policies. File a Certificate of Insurance with the Contracts and Estimates Program in accordance with Subsection 103.6, Execution and Approval of Contract, verifying each type of coverage; the department’s approval of insurance does not affect the contractor’s liability:

rkers’ Compensation and Employers’ Liability Insurance. Provide proof of workers’ compensation coverage for every employee who will work on the project.

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Obtain the coverage under the Wyoming Workers’ Safety and Compensation program or such workers’ compensation insurance, as appropriate. Do not allow a subcontractor to work on the project without first giving the department proof of the subcontractor’s workers’ compensation and employers’ liability insurance.

the contract against claims arising out of bodily injur y, death, damage to or destruction of the property of others, including loss of use thereof, and products and completed operations, for $1,000,000 per occurrence and $2,000,000 general aggregate.

Endorse the policy to include Employees Liability “Stop Gap” coverage, in an amount of at least $500,000 per employee, for each accident, for each disease.

and in addition to all other policies, Umbrella/Excess Liability coverage in the amount of at least $1,000,000 per occurrence and $1,000,000 taken together.

contract, automobile liability insurance for claims arising out of the u se of an automobile, including owned and nonowned automobiles for at least $500,000 combined single limit.

Workforce Services for the duration of the contract. Provide the resident engineer with proof of satisfactory unemployment insurance coverage from the Department of Workforce Services prior to starting work. Provide the department with proof of satisfactory subcontractor unemployment insurance coverage from the Department of Workforce Services with all subcontract requests.

107.4.2 Department May Insure for Contractor

1 If a provision of this section is breached, the department may purchase and maintain insurance in the name of the contractor. The department will deduct the cost of such insurance from monies due the contractor or will bill the contractor, as appropriate.

107.4.3 Department as Additional Insured - Vacant

107.4.4 Department’s Right to Reject

1 The department may reject a Certificate of Insurance if the issuing company is regarded in the insurance industry as financially unstable. This includes, but is not limited to, insurance companies with an “Omit” rating in the A.M. Best insurance rating guides.

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107.4.5 Department’s Right to Contact Insurer

1 The department may obtain relevant policy information from the contractor’s insurance agent. This includes but is not limited to exclusions endorsed and in-progress claims that could significantly reduce the annual aggregate limit. If the policy is a “claims made” policy instead of an “occurrence” policy, other information the department may obtain includes, but is not limited to:

107.5Employee Health and Safety

1 Provide and maintain a safe workplace. Provide and maintain, in a neat and clean condition, portable sanitation facilities for use by everyone at the worksite.

2 Do not operate equipment within 500 ft [150 m] of survey or testing personnel. Move equipment to another location. If equipment cannot be moved, provide flagging for the protection of all survey and testing personnel, as approved by the engineer. The department will pay for flagging in accordance with Subsection

107.6Railway-Highway Provisions

1 The department may arrange with railway companies for work within railroad rights-of- way. Perform work on railroad property as directed by the rail company. Take responsibility for damages, delays, or injuries and for related suits, actions, or disputes due to the contractor’s operations within or next to a rail company’s right-of-way

1 Obtain the necessary right-of-entry permit(s), and notify the rail company before work begins inside the railroad right-of-way.

107.7Use of Explosives

1 Give at least three calendar days notice to property owners and utility companies with facilities near the site prior to using explosives. If necessary, monitor vibrations, air blast and noise with a blasting seismograph or other equipment to prevent damage to adjacent structures.

2 Fourteen calendar days before using explosives, submit to the engineer for review a detailed plan showing hole spacing, diameter , and pattern; loading; timing; and other pertinent data. Include plans for traffic control, plans for protection of private and department property, and indicate the precautions that will be taken to satisfy the

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requirements of this subsection. Such notices and plans do not relieve the contractor of responsibility for damage from blasting.

107.8Protection and Restoration of Property, Markers, and Landscape

107.8.1 General

1 Preserve public and private property during work on the project. Take responsibility for damage or injury resulting from:

2 At no additional cost to the department, immediately restore or replace real property damaged or injured in the course of the work to its prior or a similar condition. Coordinate repairs, replacements, or both with the affected property owner, and obtain his or her written approval when the final work is complete- in-place. Submit a copy of the property owner’s approval to the engineer. If the contractor fails to perform such restoration within a reasonable time, the engineer may do so and deduct the cost from monies due the contractor or bill the contractor, as appropriate.

3 Do not remove, relocate, or damage land monuments, highway monuments, or property markers or corners without direction from the engineer.

4 Install temporary fencing or other measures approved by the engineer to control access of unauthorized vehicles onto adjacent private property or onto the highway right-of-way.

107.8.2 Protection of Livestock

1 Take the measures necessary to confine and prevent livestock from entering the highway right-of-way. Install temporary stock-tight fence, if necessary.

2 If existing fencing is removed in the course of the work, replace and restore to its original condition as soon as practical.

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107.8.3 Vehicle Damage Claims

1 If a vehicle owner makes a claim of vehicle damage, send a written response to the claimant addressing the claim and the actions that will be taken. Send a copy of the response letter to the engineer and to the following address:

State of Wyoming Department of Administration and Information ATTN: Risk Manager 700 West 21th Street Cheyenne, WY 82002

107.9Accommodations for Irrigation

1 Where the project involves work over, through, or around irrigated lands or irrigation facilities, make arrangements with the owner(s) for the timing and sequence of work. Document these arrangements and give copies to the engineer before starting the relevant work. Do not interfere with the proper handling or delivery of water.

107.10Responsibility for Damage Claims

1 Indemnify and hold harmless the department, its officers, and its employees from suits, actions, or claims arising from:

or omissions by the contractor, including but not limited to:

1.1Neglect in safeguarding the worksite or work in progress;

1.2Use of unacceptable materials;

1.3A cts, errors, omissions, or misconduct causing injury or damage to a third

party; and

1.4W ork outside of the construction limits

ordinance, order, or decree.

2 If such a suit, action, or claim is initiated against the department, the department may withhold money due the contractor for use by the state. If no money is due, the department may hold the contractor’s surety until such suit(s), action(s), or claim(s) for injuries or damages are settled. The department will pay or release such money or surety when it receives evidence of settlement. The department will not withhold money due the contractor when provided with evidence of the contractor’s adequate protection by public

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liability and property damage insurance. The contractor’s lack of response to a third party claimant may affect the contractor’s prequalification status.

107.11Traffic Provisions and Public Safety

.1 General

1 In each area where traffic has been restricted from normal flow, work continuously until the work is complete. Return traffic to normal unrestricted flow immediately after completion of the work. Work in a manner and sequence that least obstructs traffic in all its forms, including but not limited to vehicular, pedestrian, and bicycle. Give consideration to the location of detours and the provision for handling traffic. Provide for the safety and convenience of both the general public and residents near the work. The contractor’s rights of travel do not supersede those of the public. Obtain written approval from the engineer before stopping traffic, conducting construction activities across or through traffic, or closing public roads.

2 Notify the engineer in writing at least 10 calendar days before starting an activity that will restrict the movement of oversized loads. Do not proceed with the activity until approved by the engineer.

3 The contractor’s responsibility for traffic and roadway maintenance begins on the project’s first day of physical work. Notify the engineer of unsafe conditions that need immediate correction.

4 Provide continuous temporary approaches to businesses and residences adjacent to the roadway, intersections, detours, crossings, and similar features or facilities to safely accommodate customary vehicular or pedestrian traffic affected by the work. Provide, maintain, and remove such accommodations in accordance with Subsection 108.5, Suspension of Work. Do not prohibit access to adjacent businesses or residences without first obtaining written approval from the affected owners or tenants and from the engineer. Providing, maintaining, and removing temporary accommodations for traffic is incidental to associated pay items when not included as a pay item in the contract.

5 Maintain an adequate surface on traffic carrying lanes, including those of detours and temporary facilities, under all weather conditions. Control dust by using water or other palliatives. Do not hinder traffic or restrict the width of the paved surface, traveled way, or shoulders from December 1 to March 31 without the approval of the engineer. Do not place or leave materials or equipment within the specified clear zone.

.2 Drainage Structures for Detours

.2.1 General

1 Determine the size of the structure required to accommodate the anticipated volumes of water and provide a structure designed for an HS20 or HL-93 loading. Furnishing,

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installing, maintaining, and removing the drainage structure is incidental to associated contract pay items. Loss or damage incurred as a result of an inadequately -sized temporary drainage structure(s) is the contractors responsibility.

.2.2 Bridges

1 If electing to use a bridge as a drainage structure for a detour, design the structure in accordance with the 17 th edition of the AASHTO Standard Specifications for Highway Bridges or the edition of the AASHTO LRFD Bridge Design Specification in effect at the time of the public opening of bids. For review and approval, provide the State Bridge Engineer with three copies of the design computations and plans for the bridge structure, in accordance with Subsection 105.2, Working Drawings, at least 21 calendar days prior to the anticipated installation. Prepare the design computations and the plans under the supervision of a professional engineer registered in the State of Wyoming.

2 Design and construct bridges to provide a minimum clear roadway width equal to the detour top width specified and include bridge rail and approach guardrail systems

.3 Delay to the Traveling Public

1 Maintain two-way traffic. When the department specifies or allows one way, alternating traffic, do not allow a single delay or total delay (which is defined as the additional time to travel through a project when compared to the travel time without the construction activity) to an individual vehicle passing through the project longer than the following:

delay no longer than 20 minutes.

longer than 15 minutes.

107.11 .4 Temporary Traffic Control

1 Provide, install, and maintain necessary devices to control traffic, ensure safety of the public, and protect the work. Use barricades to protect highways closed to traffic. Erect warning signs before places where work may interfere with the road’s use by traffic and at intermediate places where the project crosses or coincides with an existing road, bike path, or sidewalk.

2 Where it is impossible or impractical to divert traffic on existing roads or detours, perform the work under traffic. Provide for traffic movement in accordance with the approved traffic control plan. As necessary, use flagging, pilot car escorts, or both.

3 Provide, install, and maintain temporary traffic control devices in accordance with the contract and the MUTCD. Temporary traffic control is incidental to associated pay items when not included as a pay item in the contract.

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.5 Edge Drop-Off

1 Do not expose any form of traffic to unprotected vertical drop-offs greater than 1 in [25 mm]. For drop-offs greater than 1 in [25 mm], construct an edge slope no steeper than 1V:4H from material approved by the engineer or provide other appropriate barricade devices. Slope grading or other excavation work to match the existing slopes or with a temporary slope no steeper than 1V:3H. When constructing pavements thicker than 1 in [25 mm] under traffic, schedule the work in accordance with Subsection 401.4.19, Spreading and Finishing. Do not taper temporary pavement ends more steeply than 1V:6H.

2 Use temporary traffic control or safety devices to delineate drop-offs, unless otherwise directed. The provision, maintenance, and removal of temporary controls and tapers is incidental to associated pay items in the contract.

107.12Responsibility for Safeguarding the Work

1 The contractor’s responsibility for the work lasts until final written acceptance of the project by the district engineer, in accordance with Subsection 113.4, Final Acceptance, and includes protection against injury or damage to any part of the project from any cause. Except for damage due to unforeseeable causes beyond the control of and without the fault or negligence of the contractor, rebuild, repair, restore, and make good damages to any portion of the project from any cause before final acceptance and without additional cost to the department. Suspension of the work does not relieve the contractor of responsibility for the project, except in accordance with Subsection 108.5, Suspension of Work.

107.13Responsibility for Utility Procedures and Services

.1 Location

1 The department makes every effort to indicate the location of utility and pipeline facilities in the contract and to notify utility companies of impending construction. Before proceeding with the work, confirm the final grade and locations of such facilities in accordance with W.S. 37-12-301 et sequens (the “Wyoming Underground Facilities Notification Act”) and W.S. 37-3-301 et sequens (the “Wyoming High V oltage Power Lines and Safety Restrictions Act”).

2 Notify utility and pipeline companies of the proposed construction schedule at least three working days before the start of work. Ask for the nature, location, and depth of pipes and cables and the areas where they may conflict with the work. If a company cannot or will not provide this information, obtain it by alternate means. Where conflicts may exist, locate the relevant pipes or cables in three dimensions. Do not begin excavation until all such features have been located, their owners notified, and the engineer has approved. Do not start work near fire hydrants or gas regulators without arranging continued service.

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.2 Utility Line Conflicts and Damage

1 If utility lines are determined to be in conflict with or are damaged during the work, stop work in the immediate area, notify the utility or pipeline company immediatel y, and cooperate with the owner to move or repair the utility.

.3 Safety

1 Advise laborers and equipment operators whenever work will occur near high voltage power lines or underground utilities, and warn them to use caution.

2 Before beginning any work, or a major change in operation, schedule a safety conference with the engineer at a mutually agreeable time to discuss safety issues and policies. Ensure that appropriate subcontractors attend the conference.

.4 MEASUREMENT and PAYMENT

1 The department will measure and pay for work required to locate utilities as force account work in accordance with Subsection 109.4.4, Force Account.

.5 Department Utility Work

1 The department may construct, access, or work on a department utility any time if it is located in a right-of-way under the jurisdiction of the department, a municipality, or a county.

2 The department may grant permits enabling other parties to construct, access, or work on any utility any time within the right-of-way. The engineer may direct the contractor to make repairs due to such activities. Payment for such extra work will be in accordance with Subsection 109.4, Extra and Force Account Work. For delays caused by the utility work, the engineer may make an extension to the contract completion date in accordance with Subsection 108.6, Extension to the Contract Completion Date.