Construction Contract - City of Laramie

CONSTRUCTION CONTRACT BETWEEN

CITY OF LARAMIE, WYOMING AND

SWECKARD EXCAVATION, INC. of 11

CONSTRUCTION CONTRACT

BETWEEN CITY OF LARAMIE, WYOMING

AND SWECKARD EXCAVATION, INC.

1. Parties. This Contract is entered into this _____ day of _______________, 20___ by and

between City of Laramie, Wyoming, (hereinafter referred to as “City”), whose address is 406 Ivinson Street, Laramie, Wyoming 82072, and Sweckard Excavation, Inc. (hereinafter referred to as “Contractor”), whose address is 10 Topaz Lane, Laramie, WY, 82070. City and Contractor agree to the terms set forth in this document. 2. Purpose of Contract. Contractor shall provide all labor, supervision, materials, equipment, all incidentals, related items and appurtenances, and performing all operations necessary to complete the Imperial Heights Park Development Phase I and II that includes all work necessary for the installation of concrete sidewalk, 70’ prefabricated steel pedestrian walking bridge and abutments, area grading, playground Equipment furnishing and installation, playground drainage system, playground surfacing, and restorative landscaping for a new park in accordance with the Advertisement to Bid (hereinafter referred to as “ATB”) documents dated April 2016 labeled as Imperial Heights Park Development Phase I and II which is marked Attachment A and attached hereto and incorporated herein.

3. Term of Contract. A. Time of Commencement and Substantial Completion.

(i) The work under this Contract shall commence The work under this Contract shall commence within seven (7) calendar days of receipt of Notice to Proceed and will be substantially complete within Sixty (60) calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions and completed and ready for final payment within seventy (70) calendar days after the date when the Contract Time commences to run. In no case shall final completion be later than October 13, 2016.

(ii) Performance under this Contract shall not begin prior to the date upon which the last required signature is affixed to this Contract or the date of the Contractor's receipt of a Notice to Proceed, whichever occurs later.

(iii) Permitting the Contractor to continue and finish the work or any part of it

after the time fixed for its completion, or after the use of additional contract time, will in no way operate as a waiver on the part of City of any of its rights under the Contract.

4. Payment.




A. Contract Sum. (i) City agrees to pay Contractor for the services described herein. The total

payment under this Contract shall not exceed Three Hundred Thirty One Thousand, Four Hundred Dollars and no cents, ($331,400.00). No payment shall be made for work performed prior to the date upon which the last required signature is affixed to this Contract or the date of the Contractor's receipt of a Notice to Proceed, whichever occurs later.

(ii) Additional Notices to Proceed shall be issued corresponding to any respective Contract Amendments.

(iii) Pursuant to Wyo. Stat. §16-6-602, City shall pay interest beginning the forty-sixth day at the rate of one and one-half percent (1 ½%) per month on the unpaid balance of the progress payment until the account is paid in full, unless a good faith dispute exists as to City’s obligation to pay all or a portion of the account.

B. Progress Payments.

(i) Contractor may submit monthly invoices for progress payment. Materials included on each invoice must either be installed or stored on site, additionally, any fees for labor must be performed prior to the submission of the invoice. No advance payment for materials or services may be requested. So long as the Contractor is satisfactorily progressing in performance of this contract, City may make monthly progress payments on the contract sum to the Contractor. Pursuant to Wyo. Stat. §16-6-702, City shall withhold ten percent (10%) of the calculated value of any work completed until one hundred percent (100%) of the work required by the contract has been performed. The withheld percentage of the contract price shall be retained in an account in the name of the Contractor which has been assigned to City until the contract is completed satisfactorily and finally accepted. Before the withheld percentage payment is made, City shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the contract work.

(ii) If it becomes necessary for City to take over the completion of the Contract, all amounts owed the Contractor, including the withheld percentage shall first be applied toward the cost of completion of the Contract, as provided in Wyo. Stat. §16-6-703, as amended. Any balance remaining of the retained percentage after completion by City shall be payable to Contractor or Contractor's creditors. The retained percentage which may be due to Contractor shall be due and payable as prescribed by Wyo. Stat. §16-6-116.

C. Final Payment.

(i) Final payment, constituting the entire unpaid balance of the contract sum, shall be paid by City to the Contractor when the Contract work has been completed, and the Contract fully performed. The Contractor shall make its request for final payment in writing to City. The Contractor’s request for final payment must include the final reconciliation of the return of, and any restocking charges applied by the suppliers for any unused materials in storage. City shall determine in writing when the




Contract work has been completed. Final payment will be made pursuant to Wyo. Stat. §§ 16-6-116 and 16-6-117, as amended.

(ii) No final payment will be made until the Contractor files a sworn statement, stating that all claims for material and labor performed under the Contract have been made, and that no liens or claims for unpaid materials, labor or equipment are outstanding. The sworn statement shall be filed with the appropriate entity, as designated in Wyo. Stat. § 16-6-117. A copy of the sworn statement shall be provided to City.

(ii) If any claim for material and labor is disputed, the sworn statement shall so state and include a copy of any claim or lien and the amount claimed. The amount claimed shall be deducted from the final payment and retained by City until the dispute is resolved, as provided in Wyo. Stat. § 16-6-117. The parties agree that City may, at its discretion, place the disputed amount in an interest bearing account. In the event the funds are placed in an interest bearing account, any and all accrued interest shall belong to City.

(iii) No final payment will be made until the Contractor provides a warranty

security in the form of a certified or cashier's check or bond issued by a surety meeting the requirements of Article 5.01 of the General Conditions. The certified or cashier's check or bond shall be in the amount of the 5% of the original contract amount, and shall have an expiration date consistent with the final correction or warranty period.

D. Liquidated Damages.

(i) If the Contractor fails to complete the work within the time specified in the Contract, or within any authorized extension of time under a change order, Contractor shall pay to City as liquidated damages, the sum listed in the following table, for each calendar day of delay until the work is substantially complete, as approved by City. Original Contract Amount Liquidated Damages

charge per calendar day $0.00 to $50,000.00 $500.00 $50,000.01 to $100,000.00 $1,000.00 $100,000.01 to $500,000.00 $1,500.00 $500,000.01 to $1,000,000.00 $2,000.00 $1,000,000.00 and greater $3,000.00

(ii) The liquidated damages shall be computed beginning the day following the first calendar day specified for completion and shall continue each and every calendar day until all work under the Contract is substantially complete, as approved by City.

(iii) Liquidated damages will not be charged for any work required to be done by the Contractor as a result of a final inspection, providing the work is only cleanup or of a minor nature and the Contractor has shown constant effort in completing the work, as determined by City. If deferment of the inspection is necessary due to causes which City determines to be beyond the control of and




without the fault or negligence of the Contractor, liquidated damages will not be assessed for that period of time.

(iv) Nothing herein shall be construed to preclude City from the recovery of damages for causes other than the delay by the Contractor.

5. Responsibilities of Contractor.

A. The Contractor shall perform all work on the described project as required by the Contract documents. The work to be performed includes the labor and services necessary to produce such replacement, and all materials, supplies, tools, transportation, equipment, and machinery required for replacement.

B. This project bid includes all materials, labor and equipment to complete the project as outlined in the Project Manual dated April 2016 labeled as Imperial Heights Park Development Phase I and II which is marked Attachment A.

6. General Provisions.

A. Ownership of Documents/Work Product. All documents, reports, records, field notes, materials, and data of any kind resulting from performance of this Contract are at all times the joint property of the Contractor and City. Upon termination of the Contract all of the above documents return to the City.

B. Independent Contractor. The Contractor shall function as an independent Contractor for the purposes of this Contract, and shall not be considered an employee of the City of Laramie for any purpose. The Contractor shall assume sole responsibility for any debts or liabilities that may be incurred by the Contractor in fulfilling the terms of this Contract, and shall be solely responsible for the payment of all federal, state, and local taxes which may accrue because of this Contract. Nothing in this Contract shall be interpreted as authorizing the Contractor or its agents and/or employees to act as an agent or representative for or on behalf of City, or to incur any obligation of any kind on the behalf of City. The Contractor agrees that no health/hospitalization benefits, workers’ compensation and/or similar benefits available to City of Laramie employees will inure to the benefit of the Contractor or the Contractor’s agents and/or employees as a result of this Contract.

C. Amendments. Any changes, modifications, revisions or amendments to this Contract which are mutually agreed upon by the parties to this Contract shall be incorporated by written instrument, executed and signed by all parties to this Contract.

D. Insurance. The Contractor shall maintain the following insurance: (i) Comprehensive General Liability. Contractor shall have and maintain comprehensive general liability insurance coverage during the entire term of the Contract, against claims arising out of bodily injury, death, damage to or destruction of the property of others, including loss of use thereof, and including underground, collapse and explosion (XCU) and products and completed




operations in an amount not less than five hundred thousand dollars ($500,000.00) each occurrence and one million dollars ($1,000,000.00) in the general aggregate. (ii) Workers Compensation or Employers Liability Insurance. Contractor shall provide proof of workers compensation coverage, for all its employees who are to work on the projects described in this Contract. Contractor’s coverage shall be under the Wyoming Workers Safety and Compensation program, if statutorily required, or such other workers compensation insurance as appropriate. Contractor’s insurance shall include A Stop Gap coverage in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per employee for each accident and disease. Contractor shall have also supply proof of workers’ compensation and employer’s liability insurance on each and every subcontractor before allowing that subcontractor on the job site.

(iii) Business Automobile Liability. Contractor shall maintain, during the entire term of the contract, automobile liability insurance in an amount not less than five hundred thousand dollars ($500,000.00) per occurrence.

(iv) Coverage. All polices required under this Contract shall be in effect for the duration of this Contract and projects. All policies shall be primary and not contributory. Contractor shall pay the premiums on all insurance policies and insurance certificates must include a clause stating that the insurance may not be revoked, cancelled, amended or allowed to lapse until the expiration of at least thirty (30) days advance written notice to City.

(v) Additional Insured. All insurance policies required by this Contract, except workers’ compensation, shall name City as an additional insured, and shall contain a waiver of subrogation against City, its agents and employees. Contractor shall provide, upon request a copy of an endorsement providing this coverage.

(vi) City’s Right to Reject. The City reserves the right to reject a certificate of insurance if Contractor’s insurance company is widely regarded in the insurance industry as financially unstable. This would include but is not limited to insurance companies with no less than AVIII rating in the A.M. Best insurance rating guide.

(vii) Subcontractors. The insurance requirements set forth above apply to all subcontractors. It is Contractor’s responsibility to ensure that its subcontractors meet these insurance requirements. City has the right to review the Certificates of any and all subcontractors used by the Contractor.

(viii) Cancellation. There shall be no cancellation, material change, potential exhaustion of aggregate limits or intent to not renew insurance coverage without thirty (30) days written notice from Contractor or their insurers to City. Any failure to comply with the reporting provision of this insurance, except for the potential exhaustion of aggregate limits, shall not affect the coverage provided to City and its division, officers and employees.

E. Indemnification. The Contractor shall release indemnify, and hold harmless the state, City, and their officers, agents, employees, successors and assignees from any cause of action, or




claims or demands arising out of Contractor’s failure to perform any of the Contractor’s duties and obligations under or in connection with the negligent performance of Contractor’s duties or obligations, including but not limited to any claims, law suits, losses or liability arising out of Contractor’s malpractice performance under this Contract.

F. Audit/Access to Records. The Contractor shall, immediately upon receiving written instruction from City, provide to any independent auditor, accountant, or accounting firm, all books documents, papers and records of the Contractor which are pertinent to this Contract. The Contractor shall cooperate fully with any such independent auditor, accountant, or accounting firm, during the entire course of any audit authorized by City. There will be no cost for audit expense for City request to the Contractor.

G. Publicity. Any publicity given to the program or services provided herein, including, but not limited to, notices, information, pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Contractor, shall identify City as the sponsoring City and shall not be released without prior written approval from City.

H. Assignment, Transfer and Subcontracting. Neither party shall assign or otherwise transfer any of the rights or delegate any of the duties set for in this Contract without the prior written approval of the other party. The Contractor shall not use this Contract, or any portion thereof, for collateral for any financial obligation, without the prior written permission of City. No such written approval shall relieve the Contractor of any obligations of this Contract and any transferee or subcontractor shall be considered the agent of the Contractor. The Contractor shall remain liable as between the original parties to the Contract as if no such assignment had occurred.

I. Compliance With Laws. The Contractor shall keep informed of and comply with all applicable federal, state and local laws and regulations in the performance of this Contract or any properly promulgated rules and regulations related thereto, and Section 504 of the Rehabilitation Act of 1973.

J. Wyoming Product Preference. Unless otherwise provided in the Contract, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of work, whether temporary or permanent. The Contractor shall comply with all resident and other preference requirements, including but not limited to those applicable to labor, materials and subcontractors. The Contractor agrees to provide Wyoming made goods where those goods are comparable in price and quality to those required by this Contract.

K. Termination of Contract. This Contract may be terminated for cause if the Contractor or City fails to perform in accordance with the terms and conditions of this Contract following delivery of a written thirty (30) day notice stating the grounds for such default.

L. Applicable Law/Venue. The construction, interpretation and enforcement of this Contract shall be governed by the laws of the State of Wyoming. The courts of the State of Wyoming




shall have jurisdiction over this Contract and the parties, and the venue shall be the Second Judicial District, Albany County, Wyoming.

M. Nondiscrimination. The Contractor shall comply with Presidential Executive Order 11246 entitled, “Equal Employment Opportunity”, as amended by Presidential Executive Order 11375, and as supplemented in the Department of labor Regulations (41 CFR Part 60), the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), 42 U.S.C. 12101, et seq., the Wyoming Fair Employment Practices Act (Wyo. Stat. § 27-9-105 et seq.), the Wyoming Human Rights Act, and the Age Discrimination Act of 1975.

All parties of this Contract agree that all hiring must be done on the basis of merit and qualifications. There may be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the person or persons performing the Contract including, but not limited to, the prevailing wage laws.

N. Entirety of Contract.

(i) The Contract shall consist of this document and its terms and conditions and the following documents: The Advertisement to Bid, Instructions to Bidders, Bid Form, Signature Sheets, Performance and Payment Bond, General Conditions, Supplementary Conditions, Specifications, Supplementary Specifications, Special Provisions, Notice to Proceed, duly issued Change Orders, Extra Work Orders and Field Orders, Addenda, and all modifications issued after execution of this Contract. The Contract documents are as fully a part of this Contract as if hereto attached or herein repeated. The Contract documents are complementary and what is required by one shall be as binding as if required by all. The Contractor warrants that it has carefully examined and understands all of the Contract documents listed above, prior to starting any work under this Contract. The Contractor has not identified any issues from the above documents or site conditions which would prevent accomplishing the entire work as outlined in the Project Manual which is marked Attachment A and attached hereto and incorporated herein. Modifications include but are not limited to the following: (1) change orders (2) extra work orders or (3) addenda entered into by the parties pursuant to the terms of the Contract.

(ii) The Contract does not include prior negotiations or any other documents not specifically enumerated in the contract documents delineated in subparagraph (A) above.

(iii) This Contract, consisting of eleven (11) pages, along with the documents explicitly enumerated in Paragraph 6 (N) above and Attachment A entitled Project Manual for Imperial Heights Park Development Phase I and II dated April 2016, represent the entire and integrated Contract between the parties and supersede all prior negotiations, representations, and agreements, whether written or oral. The Contractor shall report to City any error, inconsistency or omission it may discover. City, after consulting with the Contractor, will make a determination on correction of such error. The Contractor may request a change order, under the change order provisions of this Contract, in conjunction with any required correction, if appropriate.

(iv) The terms and language set forth in this Contract have been negotiated by City and the Contractor and have not been drafted unilaterally by either party. By executing this Contract,




the Contractor represents that it has carefully read, studied, compared and examined all contract documents, including the specifications, is satisfied with the sufficiency of the contract documents, and shall not, at any time, complain of defects or inaccuracies in such documents, specifications or drawings.

P. Confidentiality of Information. All documents, data compilations, reports, computer programs, photographs, and any other work provided to or produced by the Contractor in the performance of this Contract shall be kept confidential by the Contractor unless written permission is granted by City for its release.

Q. Force Majeure. Neither party shall be liable for failure to perform under this Contract if such failure to perform arises out of causes beyond the control and without the fault or negligence of the non-performing party. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and usually severe weather. This provision shall become effective only if the party failing to perform immediately notifies the other party of the extent and nature of the problem, limits delay in performance to that required by the event, and takes all reasonable steps to minimize delays. This provision shall not be effective unless the failure to perform is beyond the control and without the fault or negligence of the non-performing party.

R. Kickbacks. The Contractor certifies and warrants that no gratuities, kickbacks or contingency fees were paid in connection with this contract, nor were any fees, commissions, gifts, or other considerations made contingent upon the award of this Contract. If the Contractor breaches or violates this warranty, City may, at its discretion, terminate this Contract without liability to City, or deduct from the contract price or consideration, or otherwise recover, the full amount of any commission, percentage, brokerage, or contingency fee.

S. Notices. All notices arising out of, or from, the provisions of this Contract shall be in writing and given to the parties at the address provided under this Contract, either by regular mail, facsimile, e-mail, or delivery in person.

T. Liaison and Notice. City Project Manager & Contractor Superintendent.

(i) City project manager is Todd Feezer, Director, Parks & Recreation, telephone number: (307) 721-5260 and facsimile: (307) 721-5284.

(ii) The Contractor’s Project Superintendent is Luke Sweckard, President/Owner, telephone number: (307) 760-0462.

(iii) All notices and invoices required in this Contract shall be in writing, properly addressed to the liaison above, and mailed first-class, postage prepaid. All notices sent via U.S. Postal Services are deemed effective on the date of postmark. Notices and invoices mailed through another carrier (e.g., UPS or FedEx) are effective upon receipt.

U. Sovereign Immunity. The City does not waive sovereign immunity by entering into this Contract, and specifically retains immunity and all defenses available to them as sovereign pursuant to Wyo. Stat. § 1-39-104(a) and all other state law.




V. Taxes. The Contractor shall pay all taxes and other such amounts required by

federal, state and local law, including but not limited to federal and social security taxes, workers’ compensation, unemployment insurance and sales taxes.

W. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of third party beneficiary, and this Contract shall not be construed so as to create such status. The rights, duties, and obligations contained in this Contract shall operate only between the parties to this Contract, and shall inure solely to the benefit of the parties to this Contract. The provisions of this Contract are intended only to assist the parties in determining and performing their obligations under this Contract. The parties to this Contract intend and expressly agree that only parties signatory to this Contract shall have any legal or equitable right to seek to enforce this Contract, to seek any remedy arising out of a party’s performance or failure to perform any term or condition of this Contract, or to bring an action for the breach of this Contract.

X. Americans with Disabilities Act. Contractor shall not discriminate against a qualified individual with a disability and shall comply with the Americans with Disabilities Act, P.L. 101-336, 42 U.S.C. 12101 et seq. and any properly promulgated rules and regulations related thereto.

Y. Warranty. Contractor warrants the following: (i) has the ability to perform the agreed services;

(ii) shall provide suitable resources to perform work in accordance with agreed

services;

(iii) will endeavor to provide the services herein on a timely basis consistent with the difficulty and scope of services to be provided; and

(iv) shall perform all work in a professional and workmanship like manner.

Z. Patent or Copyright Protection. Contractor recognizes that certain proprietary matters or techniques may be subject to patent, trademark, copyright, license or other similar restrictions, and warrants that no work performed by Contractor or its subcontractors will violate any such restriction.

AA. Extension. Nothing in this Contract shall be interpreted or deemed to create an expectation that this Contract will be extended beyond the term described herein. Any extension of this Contract shall be requested by the Contractor and following approval by City shall be effective only after it is reduced to writing and executed by all parties to the Contract. Any agreement to extend this Contract shall include, but not necessarily be limited to: an unambiguous identification of the Contract being extended; the term of the extension; the amount of any payment to be made during the extension, or a statement that no payment will be made during the extension; a statement that all terms and conditions of the original Contract shall, unless explicitly delineated in the exception, remain as they were in the original Contract; and, if the duties of either party will be different during the extension than they were under the original Contract, a detailed description of those duties.




BB. Availability of Funds. Each payment obligation of City is conditioned upon the availability of government funds which are appropriated or allocated for the payment of this obligation. If funds are not allocated and available for the continuance of the services performed by the Contractor, the contract may be terminated by City at the end of the period for which the funds are available. City shall notify the Contractor at the earliest possible time of the services which will or may be affected by a shortage of funds. No penalty shall accrue to City in the event this provision is exercised, and City shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section. This provision shall not be constructed to permit City to terminate this Contract to acquire similar services from another party. CC. Award of Related Contracts. City may undertake or award supplemental or successor contracts for work related to this Contract. The Contractor shall cooperate fully with other contractors and City in all such cases. DD. Time is of the Essence. Time is of the essence in all provisions of the Contract. EE. Titles Not Controlling. Titles of paragraphs and sections are for reference only, and shall not be used to control the language in the contract. FF. Severability. Should any portion of this Contract be judicially determined to be illegal or unenforceable, the remainder of this Contract shall continue in full force and effect and either party may attempt to renegotiate the terms affected by the severance.

INTENTIONALLY LEFT BLANK




IN WITNESS WHEREOF, the Laramie City Council has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and Contractor has signed and executed this Agreement, the day and year first written above. CITY OF LARAMIE, WYOMING: By: David A Paulekas, Mayor and President of the City Council Attest: Sue Morris-Jones, MMC City Clerk CONTRACTOR: Sweckard Excavation, Inc. Luke Sweckard, President/Owner By: Title:

CITY OF LARAMIE PROJECT MANUAL FOR

IMPERIAL HEIGHTS PARK

DEVELOPMENT PHASE I AND II

Date: April 2016

CITY OF LARAMIEPROJECT MANUAL FOR THE

IMPERIAL HEIGHTSPARK DEVELOPMENT

PHASE I AND IIOwner:

City of LaramieP.O. Box C

Laramie, WY 82073

Engineer of Record:

Lynn C. HillDOWL

1575 North 4th Street, Suite 105(P.O. Box 70, 82073)Laramie, WY 82072

[email protected]

April 2016

5122.26641.01

CITY OF LARAMIE PROJECT MANUAL FOR IMPERIAL HEIGHTS PARK DEVELOPMENT PHASE I AND II Mayor David A Paulekas Joe Shumway Bryan Shuster Klaus Hanson Andrea Summerville Joe Vitale Vicki Henry Jayne Pearce Paul Weaver City Manager: Janine Jordan City Public Works Director: Earl Smith City Utility Manager Cal Van Zee City Streets Manager Shane Johnson City Engineer: Eric Jaap City Attorney: Jason Loos City Clerk: Angie Johnson Engineer of Record: Lynn Hill, PE DOWL 1575 North 4th, Suite 105 P.O. Box C (82073) Laramie, WY 82072 (307) 742-3816 Date: April 2016

BID DOCUMENTSADVERTISEMENT TO BID AB-1 - AB-2INSTRUCTIONS TO BIDDERS IB-1 - IB-8QUALIFICATION FORM QF-1 - QF-2SUBCONTRACTOR & SUPPLIER LIST SSL-1BID FORM BF-1 - BF-7BID BOND BB-1 - BB-2FEDERAL PROVISIONS FP-1

CERTIFICATION REGARDING DEBARMENT, SUSPENSION DEBAR-1 - DEBAR-2-MATERIALS AND BUY AMERICA CERTIFICATION BA-1DISADVANTAGED BUSINESS ENTERPRISE BIDDER GOOD DIS-1

CONTRACT DOCUMENTSNOTICE OF AWARD NA-1SUBMITTALS REQUIRED FROM CONTRACTOR SUB-1 - SUB-3CONSTRUCTION CONTRACT CC-1 - CC-11PERFORMANCE/PAYMENT BONDS PB-1 - PB-4INTEREST BEARING DEPOSIT AGREEMENT IBDA-1 - IBDA-5APPLICATION & CERTIFICATION OF PAYMENT AP-1 - AP-4NOTICE TO PROCEED NP-1CERTIFICATE OF SUBSTANTIAL COMPLETION CSC-1 - CSC-2CERTIFICATE OF FINAL COMPLETION CFC-1 - CFC-2CONTRACTOR'S AFFIDAVIT OF PAYMENT AFF-1

ADDENDA & MODIFICATIONSADDENDA A-1WORK CHANGE DIRECTIVE WCD-1 - WCD-2CHANGE ORDER CO-1 - CO-2FIELD ORDER FO-1 - FO-2

CONDITIONS OF CONTRACTGENERAL CONDITIONS GC-1STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 00700-0 - 00700-40SUPPLEMENTARY CONDITIONS SC-1 - SC-13

SPECIFICATIONSSPECIFICATIONS S-1SUPPLEMENTARY SPECIFICATIONS SS-1 - SS-2

PROJECT COORDINATION SS01041REFERENCES SS01090SUBMITTALS SS01340PARTNERING SS01442TEMPORARY FACILITIES SS01505

IMPERIAL HEIGHTS PARK DEVELOPMENT PHASE I AND II

TABLE OF CONTENTS

CITY OF LARAMIE

SPECIFICATIONS - ContinuedREMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS SS02050CLEARING AND GRUBBING SS02110AGGREGATES SS02190EXCAVATION AND EMBANKMENT SS02210TRENCH EXCAVATION SS02220TRENCH BACKFILL SS02225BACKFILLING FOR PAVEMENT SS02227AGGREGATE SUB-BASE AND BASE COURSE SS02231RIPRAP SS02273TOPSOIL SS02280WATERING SS02290PORTLAND CEMENT TREATED MIXTURES SS02510ROAD MIX BITUMINOUS PAVEMENTS SS02511PLANT MIX PAVEMENTS SS02512PORTLAND CEMENT CONCRETE PAVEMENT SS02520CONCRETE CURBS AND COMBINED CURBS AND GUTTERS SS02528BITUMINOUS MATERIALS SS02545PRIME COAT SS02550TACK COAT SS02551SEAL COAT SS02552BITUMINOUS SURFACE TREATMENT SS02553ADJUSTING STREET FIXTURES SS02570FIRE HYDRANTS SS02645WATER DISTRIBUTION AND TRANSMISSION SYSTEMS SS02665HYDROSTATIC TESTING SS02670DISINFECTION SS02675SANITARY SEWER SYSTEMS SS02700STORM DRAINS AND CULVERTS SS02725CONCRETE SIDEWALKS, DRIVEWAY APPROACHES, CURB TURN FILLETS,VALLEY GUTTERS AND MISCELLANEOUS NEW CONCRETE CONSTRUCTION SS02776RELOCATE STREET SIGNS, UTILITY POLES AND MAILBOXES SS02805ENGINEERING FABRIC SS02895LANDSCAPING SS02900UNIT PAVERS SS02915CONCRETE REINFORCEMENT SS03200PORTLAND CEMENT CONCRETE SS03304CONCRETE WORK SS03310CONCRETE FINISHING SS03345CONCRETE CURING SS03370PRE-CAST CONCRETE UNTS SS03480GROUT SS03600CHAIN LINK FENCING SS09080

SPECIAL PROVISIONSSPECIAL PROVISIONS SP-1 - SP-9SPECIAL PROVISIONS: PRE-FABRICATED STEEL BRIDGE

AND CONCRETE FOUNDATION P-1 - P-15

DIVISION TWENTY EIGHTPLAYGROUND EQUIPMENT 02861

DIVISION TWENTY NINESEEDING 02910FINE GRADING AND SOIL PREPARATION 02920SITE FURNISHINGS 02960LANDSCAPE MAINTENANCE 02970

BID DOCUMENTS

AB-1

ADVERTISEMENT TO BID Notice is hereby given that the City of Laramie, Wyoming will receive sealed bids for the furnishing of all labor, materials, tools, appliances, transportation, and services necessary for:

The Imperial Heights Park Development Phase I and II includes all work necessary for the installation of concrete sidewalk, 70’ prefabricated steel pedestrian walking bridge and abutments, area grading, Playground Equipment furnishing and installation, playground drainage system, playground surfacing, and restorative landscaping for a new park.

as called for in the Project Manual for the IMPERIAL HEIGHTS PARK DEVELOPMENT PHASE I AND II project at the Office of the City Clerk, City Hall, 406 Ivinson Street, P.O. Box C, Laramie, Wyoming 82073 until 1:00 P.M. Local Time, on the 10th day of May, 2016, at which time the bids will be publicly opened and read aloud. All bids must be furnished on forms supplied by the City of Laramie. Sealed envelopes containing bids shall be clearly marked with the project title and shall show the name and address of the Bidder. Bids which are not prepared and filed in accordance with the Instructions to Bidders may be rejected. The City reserves the right to reject any and all bids and the right to waive irregularities in bids received. Each bid must be accompanied by a bid bond with sufficient surety, or a certified check or cashier's check, or bank draft on a reputable bank, for not less than five percent (5%) of the total amount of such bid, payable to, and to be forfeited to, the City of Laramie as liquidated damages if bidder fails to enter into contract within thirty (30) days after award to him, or fails, at the time of executing the agreement, to furnish a performance bond and a payment bond each in the amount of one hundred percent (100%) of the bid. Facsimile (fax) or other copies of bonds are not acceptable, nor are certified or cashier's checks which have an expiration date of less than one year. NO BID WILL BE CONSIDERED IF NOT ACCOMPANIED BY SUCH BOND, CERTIFIED OR CASHIER'S CHECK OR BANK DRAFT, OR IF NOT IN CONFORMANCE WITH THE PROVISIONS OF SECTION 15-1-113, W.S. 1977. A complete set of the Project Manual and Plans may be downloaded after the 18th day of April, 2016, via the City website http://www.cityoflaramie.com/projects/, which will lead to a QuestCDN website, which the bidder must login and pay a fee of twenty dollars ($20). This login and deposit will ensure that the plan holders are identified and supplied the possible addendum and notices associated with the project. In addition to the QuestCDN website access listed above, a paper copy of the Project Manual and Plans is available at DOWL, 1575 North 4th, Suite 105, Laramie, WY 82072 (issuing office) upon an additional fee of fifty dollars ($50) for each set of documents. A pre-bid conference shall be held at 10:00 A.M. on the 27th day of April, 2016, at the Laramie Recreation Center, at 920 Boulder Drive, Laramie, WY 82070, at which attendance by Prime Bidders is mandatory. Bids submitted by Bidders not attending the pre-bid conference will be rejected. The City of Laramie seeks to integrate energy efficiency practices into all aspects of day-to-day operations, from capital construction specifications to staff behaviors, to ensure economic and environmental sustainability. The City encourages bidder submissions that 1) enhance the efficiency of City projects and ongoing operations, and/or 2) consider all energy types, including traditional and renewable sources. CITY OF LARAMIE, WYOMING

http://www.cityoflaramie.com/projects/

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(SEAL) By__________________________________________ Attest: Janine Jordan, City Manager ______________________________ Angie Johnson, City Clerk Publication Dates: April 18, April 25, 2016

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INSTRUCTIONS TO BIDDERS

IMPERIAL HEIGHTS PARK DEVELOPMENT PHASE I AND II PROJECT IB-1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (EJCDC C-700) (2002 Edition) have meanings assigned to them in the General Conditions.

1.1. Engineer--the Engineer of Record for this Project. 1.2. Issuing Office--the office from which the Bidding Documents are to be issued and where

the bidding procedures are to be administered, as shown in the Advertisement to Bid.

1.3. Owner--City of Laramie, Wyoming. 1.4. Successful Bidder--the lowest, responsible, qualified, and responsive Bidder, as

determined by the Owner in its sole discretion, to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

IB-2. COPIES OF CONTRACT DOCUMENTS.

2.1. The Advertisement to Bid provides information on obtaining both electronic copies of the Contract Documents as well as paper copies of the Contract Documents. The Advertisement to Bid also provides information as to specific fees or deposits, and states if they are non-refundable or refundable. If it is stated that a deposit may be refunded, the document holder of record must request the refund and return the complete set of Contract Documents in good condition within fifteen (15) days after opening of Bids.

2.2. Complete sets of Contract Documents shall be used in preparing Bids; neither Owner nor

Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

2.3. Owner and Engineer in making copies of Contract Documents available on the above terms

do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

IB-3. QUALIFICATIONS OF BIDDERS.

3.1. The Bidder shall submit, with the Bid, the Qualification Form furnished herein completely filled out, and evidence of Bidder's status to be considered as a Wyoming resident contractor.

3.2. To demonstrate qualifications to perform the Work, each Bidder must be prepared to

submit within five (5) days of Engineer's request, detailed written statement of evidence such as financial data, a summary of previous experience, present commitments and other such data as may be called for by Engineer. In addition, it shall be necessary for the contractor to provide a complete list of resources that includes equipment, material, and personnel that will be committed to the specified project. In the event such resources are

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shared between projects, the contractor shall demonstrate and verify that adequate resources will be dedicated to provide continuous progress that meets the project schedule as submitted. If subsequent projects (commitments made after bid award) share resources committed to this specified project, an updated list of resources shall be submitted.

3.3. If liquidated damages have been assessed against the contractor by the City of Laramie,

the City may exclude the contractor from being considered for selection of a subsequent project for a period of one year from the date of the final payment is made on the project for which the liquidated damages were assessed.

IB-4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE.

4.1. It is the responsibility of each Bidder before submitting a Bid to: (a) examine the Contract Documents and other related data identified in the Contract Documents, including "technical data", thoroughly; (b) visit the site to familiarize himself as to the general, local and site conditions that may in any manner affect cost, progress, performance or furnishing the Work; (c) consider and understand federal, state, and local Laws, Ordinances, Codes, Rules and Regulations that may in any manner affect cost, progress, performance or furnishing the Work; (d) study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; and (e) promptly notify Engineer of all conflicts, errors, ambiguities, omissions or discrepancies which Bidder has discovered in or between the Contract Documents and other related data.

4.2. Reference is made to Articles 4.02, 4.03 and 4.04 of the General Conditions and Articles

4.02 A. and 4.02 B of the Supplementary Conditions for identification of subsurface and physical conditions and physical conditions with respect to underground facilities.

4.3. Information and data reflected in the Contract Documents with respect to existing

Underground Facilities at, or contiguous to, the site is based on information provided by Owner and Engineer and by owners of franchised utilities at or contiguous to the site and are approximate only and Owner does not assume responsibility for the accuracy or completeness thereof.

4.4. Before submitting a Bid each Bidder may, at Bidder's own expense, make or obtain any

additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance of furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. Bidder's subsurface examinations, investigations or explorations will be performed at Owner's direction.

4.5. On request of Bidder, Owner may provide each Bidder access to the site to conduct such

examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies.

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4.6. Reference is made to the Special Provisions for the identification of the general nature of work that is to be performed at the site by Owner or others that relates to or affects the Work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination, access to or copies of Contract Documents for such Work.

4.7. The submission of a Bid will constitute an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written opinions thereof by Engineer are acceptable to Bidder, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

4.8. The provisions of §4.1 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated

biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Article 4.06 G. of the General Conditions.

IB-5. AVAILABILITY OF LANDS FOR WORK. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. IB-6. INTERPRETATIONS AND ADDENDA.

6.1. All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretation or clarifications considered necessary by Engineer in response to such questions will be issued only by Addenda mailed or delivered to all parties recorded by Engineer as having received the Contract Documents. Questions received less than six (6) days prior to the date for opening of the Bids may not be answered. Only answers by formal written Addenda will be binding. Oral and other interpretations or clarifications are not binding and will be without legal effect.

6.2. Addenda may also be issued to modify the Contract Documents as deemed advisable by

Owner or Engineer. IB-7. BID SECURITY.

7.1. Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent (5%) of Bidder's maximum Bid price and in the form of a certified or cashier's check or a Bid Bond issued by a surety meeting the requirements of Article 5.01 of the General Conditions. Bid Bonds, certified or cashier's checks having an expiration date of less than one year are not acceptable.

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7.2. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within thirty (30) days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the Award may be retained by Owner until the earlier of the seventh (7) day after the Effective Date of the Agreement or the thirty-first (31) day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

IB-8. SUBSTITUTE MATERIAL AND EQUIPMENT. The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in Articles 6.05 A., 6.05 B. and 6.05 C. of the General Conditions which may be supplemented in the Special Provisions. IB-9. SUBCONTRACTORS, SUPPLIERS AND OTHERS.

9.1. If the Special Provisions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, apparent Successful Bidder and any other Bidder so requested, shall within five (5) days after Bid opening submit to Owner a list of such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by Owner.

9.2. If, after due investigation, Owner has reasonable objection to any proposed Subcontractor,

Supplier, other person or organization, Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute. The apparent Successful Bidder shall submit an acceptable substitute. That Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by the substitution. Owner may consider the price adjustment in evaluating Bids and making the contract award. If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 B. of the General Conditions.

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9.3. Contractor shall not be required to employ any Subcontractor against whom he has reasonable objection. The use of Subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the Work.

9.4. Bidder shall not award Work to any Subcontractor or Subcontractors in excess of 50% of

the total Bid price without prior written approval of Owner. In the event Bidder intends to subcontract Work in excess of 50%, the identity of the Subcontractor must accompany the Bid.

IB-10. BID FORM.

10.1. Bids shall be made upon the form furnished herein, or copies thereof, with all items properly filled out, unless specific directions in the Advertisement to Bid or on the Bid Form allow for partial bids. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate.

10.2. Bid Forms must be completed in ink or typed and Bid prices shall be stated in words and

numerals. A separate unbound copy of the Bid Form has been provided with the Project Manual for submission with the Bid.

10.3. No alterations in Bids, or in the printed forms therefor, by erasures, interpolations, or

otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, Owner may require the Bidder to identify any alteration so initialed.

10.4. Bids by corporations must be executed in the corporate name by the president or a vice-

president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The State of Incorporation shall be shown below the corporate name.

10.5. Bids by partnerships must be executed in the partnership name and signed by a partner.

His title must appear under his signature and the official address of the partnership must be shown below the signature.

10.6. Bids by joint ventures shall be signed by each participant in the joint venture or by an

authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form.

10.7. All names must be typed or printed in black ink below the signature.

10.8. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of

which must be filled in on the Bid Form.

10.9. The address and telephone number for communications regarding the Bid must be shown. IB-11. SUBMISSION OF BIDS.

11.1. All bids must be sealed, addressed to and deposited with the City Clerk, City Hall, Laramie, Wyoming, on or before the day and hour set for opening of bids in the

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Advertisement to Bid. Envelopes containing bids must be clearly marked on the outside with the name of the Project as shown on the Contract Documents and shall show the name and address of the Bidder. Bids received after the time so indicated shall be returned unopened.

11.2. Oral, telephonic, telegraphic or facsimile (fax) Bids are invalid and will not receive consideration.

IB-12. MODIFICATION AND WITHDRAWAL OF BIDS.

12.1. Bids may be modified or withdrawn by a duly executed written notice to Owner, in the same manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

12.2. If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed,

written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

IB-13. OPENING OF BIDS. Bids will be opened and, unless obviously non-responsive, read aloud publicly as indicated in the Advertisement to Bid. Upon request, the amounts of the base Bids and major alternates, if any, will be made available after the opening of Bids. IB-14. BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain subject to acceptance for thirty (30) days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to that date. IB-15. AWARD OF CONTRACT.

15.1. Owner reserves the right to reject any and all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project or is not in the public interest to make award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner reserves the right to waive irregularities in Bids received and the right to negotiate contract terms with the Successful Bidder. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. Owner may reject all Bids if Owner determines that it is in the public interest to do so.

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15.2. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

15.3. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and

other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted upon written request by Owner. Owner also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data are required, upon written request by Owner, to be submitted prior to the Notice of Award.

15.4. Owner may conduct such investigations as Owner deems necessary to assist in the

evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

15.5. If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation

by Owner indicates to Owner that the award will be in the best interest of the Project, and in accordance with applicable law.

15.6. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award

within thirty (30) days after the day of the Bid opening. IB-16. PRE-BID CONFERENCE. A pre-bid conference may be held prior to the Bid opening as indicated in the Advertisement to Bid, and if it is to be held it will be at the time and place indicated in the Advertisement to Bid. The provision for Bidders to attend the pre-bid conference, if mandatory, is set forth in the Advertisement to Bid. IB-17. STATUTORY REQUIREMENTS.

17.1. By Wyoming law, any contract awarded by the City is void if the City Council fails to appropriate funds for completion of the Project. Should Council decide not to fund the Project, Bidders are not entitled to compensation for their efforts and the apparently Successful Bidder will not have a claim for labor, materials, or otherwise.

17.2. The Successful Bidder will be required to furnish to the Owner proof of qualification with

the Department of Employment, Employment Resources Division in compliance with W.S. §§ 27-3-502 (f) within thirty (30) days of receipt of Notice of Award to him.

17.3. The Successful Bidder will be required to furnish to the Owner proof of Certification by

Wyoming Workers' Safety and Compensation Division within thirty (30) days of receipt of Notice of Award to him.

17.4. The Successful Bidder will, within thirty (30) days of receipt of Notice of Award to him,

designate an acceptable depository for retainment pursuant to W.S. §§ 16-6-704. Form for agreement with depository shall be furnished by Owner.

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IB-18. PRECONSTRUCTION CONFERENCE. The Owner, Engineer and others as appropriate shall hold a conference with the Contractor prior to the start of the Work as set forth by Article 2 of the General Conditions. IB-19. BASIS OF PAYMENT. The basis of payment will be actual quantities of work or materials furnished and accepted as set forth in the Bid Form. If upon completion of the Project, the actual quantities show either increase or decrease from the quantities shown in the Proposal, the unit prices submitted in the Proposal shall still prevail, except as provided by Section SC-11 of the Supplementary Conditions. IB-20. SALES TAX. The Owner’s exemption for sales tax does not pass on to Contractors. See Wyoming Department of Revenue Rules and Regulations Chapter 2, Section 12, particularly paragraph (f).

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QUALIFICATION FORM IMPERIAL HEIGHTS PARK DEVELOPMENT PHASE I AND II To be submitted with the Bid Form. The word "it", used herein by way of reference to the undersigned shall be deemed to mean "he/she" if an individual and "they" if a partnership. 1. It maintains a principal place of business at: (Street Address) (City) (State) (Mailing Address, if different than Street Address) 2. It proposes to supply the following detailed scope of work:

a. Field Labor:

b. Material:

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3. It has had the following experience on other similar work that has been completed (indicate type of job, and names and telephone numbers of references):

4. It has the following or the current work under contract (indicate type of job, names of references, estimated completion date, and approximate percentage completion):

5. It hereby represents and warrants that all statements set forth herein are true and correct. (If the Supplier is a partnership, the partnership name must be signed, followed by the signature of at least one of the partners. If the Supplier is a corporation, the corporate name must be signed, followed by the signature of a duly authorized officer and the corporate seal affixed. A typewritten copy of all names and signatures shall be appended. No alterations, erasures or interlineations will be permitted).

(Official Seal) Name of Bidder Date Signature Title Date Signature Title

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SUBCONTRACTOR & SUPPLIER LIST


NAME OF SUBCONTRACTOR: PRIMARY CONTACT:

ADDRESS:

CITY: STATE: ZIP CODE:

PHONE : FAX: ESTIMATED % OF WORK TO BE COMPLETED:

CELL: E-MAIL:


ADDRESS:



CELL: E-MAIL:


ADDRESS:



CELL: E-MAIL:

NAME OF SUPPLIER:

ADDRESS:

MATERIALS TO BE SUPPLIED

CITY/STATE/ZIP:

PHONE :

NAME OF SUPPLIER:

ADDRESS:


CITY/STATE/ZIP:

PHONE :

NAME OF SUPPLIER:

ADDRESS:


CITY/STATE/ZIP:

PHONE :

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BID FORM IMPERIAL HEIGHTS PARK DEVELOPMENT PHASE I AND II

THIS BID IS SUBMITTED TO: The Mayor and City Council City of Laramie c/o City Clerk 406 Ivinson Street P.O. Box C Laramie, Wyoming 82073 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all the Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement to Bid and Instructions to Bidders, including without limitation those dealing with the deposit of Bid security. This Bid will remain subject to acceptance for thirty (30) days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Contract Documents within thirty (30) days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: (a) Bidder has examined and carefully studied the Contract Documents and the following Addenda

receipt of all which is hereby acknowledged (List Addenda by Addendum Number and Date):

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

__________________________________________________________________________;

(b) Pursuant to the provisions of Wyoming Statute 16-6-203(a), the City of Laramie requires the use

of Wyoming laborers on the project, except where Wyoming laborers are not available or are not qualified for the specific work.

Bidder does hereby specifically acknowledge the requirements of the provision of the Wyoming

Statute 16-6-203(a) and the requirement contained in this contract. Initial of Bidder________________________________________________________________; (c) Bidder has visited the site and become familiar with and is satisfied as to the general, local and

site conditions which may affect cost, progress, performance and furnishing of the Work; (d) Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations

which may affect cost, progress, performance and furnishing of the Work;

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(e) Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Special Provisions as provided in paragraph 4.02 A. of the General Conditions. Bidder accepts the determination as set forth in the Special Provisions to the extent of the "technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions.

(f) Bidder is aware of the general nature of Work to be performed by Owner and others at the site

that relates to Work for which this Bid is submitted as indicated in the Contract Documents; (g) Bidder has correlated the information known to Bidder, information and observations obtained

from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data, with the Contract Documents;

(h) Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies

which Bidder has discovered in the Contract Documents. The written resolution thereof by Engineer is acceptable to Bidder. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted;

(i) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm

or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

4. BIDDER will complete the Work in accordance with the Contract Documents for the following Bid Prices in the attached BID SCHEDULE. In addition, the attached Base Bid Schedule of Values shall be submitted with the Bid for the intended use of determining payment amounts to the Contractor during construction.

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IMPERIAL HEIGHTS PARK BID SCHEDULE

ITEM DESCRIPTION UNIT BID AMOUNT (FIGURES)

BB Base Bid LS

AA-1 Add Alternate Bid No. 1 Play structure with slides, net, climber and bridge

LS

AA-2 Add Alternate Bid No. 2 Freestanding Climber

LS

AA-3 Add Alternate Bid No. 3 8’ Belt Swings

LS

AA-4 Add Alternate Bid No. 4 Rock Venture Rope Climbing

LS

AA-5 Add Alternate Bid No. 5 Log Tunnel

LS

AA-6 Add Alternate Bid No. 6 Site Benches (2)

LS

AA-7 Add Alternate Bid No. 7 Trash Receptacle (2)

LS

AA-8 Add Alternate Bid No. 8 Picnic Tables (4)

LS

AA-9

Add Alternate Bid No. 9 Boulders

LS

Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided by the Contract Documents. Bidder understands that the City may award the Base Bid alone, or Base Bid with any combination of Schedules and Alternate items under any Schedule.

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IMPERIAL HEIGHTS PARK BASE BID SCHEDULE OF VALUES

ITEM UNIT AMOUNT

Mobilization and Contract Requirements LS

Materials Testing LS

Bridge LS

Abutments LS Install Concrete Flat Work/Placement of Base and Sub-Base for Beneath Flatwork LS

Concrete Curb Wall LS

Drain Pipe LS

Engineered Wood Fiber with Fabric LS

Play Structure with Slides LS

8’ Swings with Belt and Tot Seats LS

Bear Cub Rock Climber LS

Ice Cream Social Play Panels LS

Boulders LS

Install ADA Ramp LS

Temporary Traffic Control LS

Site Grading LS

Remove/Install Concrete Curb & Gutter LS

Reclamation LS

BF-5

************************************************************************************ 5. BIDDER agrees that the Work shall commence within 7 days following issuance of Notice to Proceed and will be substantially completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of _____________________________; (b) A tabulation of Subcontractors, Suppliers and other persons and organizations required to be

identified and defined in the Supplementary Conditions; (c) Required Bidder's Qualification Form; (d) Proof of Bidder's status as Wyoming Resident Contractor, if applicable. (e) Bid and Base Bid Schedule of Values 8. Communications to Bidder concerning the Bid shall be addressed to the address of the Bidder indicated below. 9. Communications to Owner concerning the Bid shall be addressed to: Todd Feezer; City of Laramie, Parks Division; P.O. Box C; Laramie, WY 82073; Telephone: (307)

721-5264. 10. Terms used in this Bid which are defined in the General Conditions or Instructions to Bidders will have the meanings indicated in the General Conditions or Instructions to Bidders. City of Laramie, Wyoming BY ______________________________________ Janine Jordan, City Manager 11. SUBMITTED on this _______ day of ________________, 20___. 12. Bid Form must be signed in the appropriate manner in the space provided to follow.

BF-6

If Bidder is An Individual: By _____________________________________________________________________________ (Signature) By _____________________________________________________________________________ (Individual's Name) doing business as _________________________________________________________________ Business address: _________________________________________________________________ _________________________________________________________________ Phone No.: ________________________________________

If Bidder is A Partnership: By ______________________________________________________________________ (SEAL) (Firm Name) ________________________________________________________________________________ (General Partner Signature) ________________________________________________________________________________ (General Partner Printed Name) Business Address _________________________________________________________________ _________________________________________________________________ Phone No.: ________________________________________ If Bidder is A Joint Venture: By ______________________________________________________________________ (SEAL) (Signature) By ______________________________________________________________________ (SEAL) (Printed Name) ________________________________________________________________________________ (Address) By ______________________________________________________________________ (SEAL) (Name) ________________________________________________________________________________ (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above).

BF-7

If Bidder is A Corporation: By ______________________________________________________________________ (SEAL) (Corporation Name) ________________________________________________________________________________ (State of Incorporation)

By ______________________________________________________________________ (SEAL) (Signature of Person Authorized to Sign) By ______________________________________________________________________ (SEAL) (Name of Person Authorized to Sign) ________________________________________________________________________________ (Title) (Corporate Seal) Attest ___________________________________________________________________________ (Secretary) Business Address _________________________________________________________________ _________________________________________________________________ Phone No.: ________________________________________ 13. Phone Number and Address for receipt of official communications:

Address: ________________________________________________________________________

________________________________________________________________________

Telephone: ________________________________________

BB-1

Liquidated Damages BID BOND BIDDER (Name and Address): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ SURETY (Name and Address of Principal Place of Business): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ OWNER (Name and Address): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ BID BID DUE DATE:__________________________________________________________________ PROJECT: (Brief Description Including Location):

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ BOND BOND NUMBER: ______________________________________________________________ DATE (Not later than Bid Due Date): ______________________________________________ PENAL SUM: _________________________________________________________________ IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY ______________________________ (Seal) ______________________________ (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: ___________________________________ By: __________________________________ Signature and Title Signature and Title (Attach Power of Attorney) Attest: _______________________________ Attest: ________________________________ Signature and Title Signature and Title Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where

applicable. COL: E-BB: 01/08/97

BB-2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder the liquidated damages set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1. Owner accepts Bidder's bid and Bidder

delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by the Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or

3.2. All bids are rejected by Owner, or 3.3. Owner fails to issue a notice of award to

Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety, and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced on in a court of competent jurisdiction located in the state of Wyoming. 8. Notice required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and Bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of the Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein includes a bid, offer or proposal as applicable. 12. Bidder and Surety understand and agree that this Bond is intended to provide Owner with liquidated damages as required by W.S. §15-1-113(f) if Bidder defaults.

COL: E-BB: 01/08/97

FP - 1

FEDERAL PROVISIONS

Suspension and Debarment, Voluntary Exclusion By signing the bidding documents, and contract, the Bidder certifies that they are not

suspended, debarred, or voluntarily excluded from Federal financial or non-financial assistance, nor are any of the sub-contractors or material suppliers. The contractor will notify the City of Laramie by certified mail should the contractor or any of its subs become debarred, suspended, or voluntarily excluded during the term of the Contract.

This form is located herein of this Project Manual. Buy America Provisions: Buy America requires the use of American steel and iron product, when specified. For

more information regarding federal Buy America Provisions, please refer to http://onlinepubs.trb.org/onlinepubs/tcrp/tcrp_lrd_17.pdf. Contractors are required to complete the Materials and Buy America Certification located herein this Project Manual.

Disadvantaged Business Enterprise: There is a zero percent (0%) DBE goal for this project. However, contractors are

required to complete the DBE form located herein of this Project Manual NOTE: Davis-Bacon Wage Rates DO NOT APPLY to this grant funding per Tracy

Williams, Grants Specialist: State Parks, Historic Sites and Trails.

DEBAR - 1

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -- LOWER TIER COVERED TRANSACTIONS Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

DEBAR - 2

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ____________________________________________________________________________ Organization Name ____________________________________________________________________________Name and Title of Authorized Representative ____________________________________________________________________________ Signature Date

BA- 1

MATERIALS AND BUY AMERICA CERTIFICATION

The undersigned, hereinafter referred to as Bidder, hereby proposes to furnish all materials except materials furnished by City of Laramie including: machinery, tools, equipment, and supplies, and perform all labor necessary to complete the work described in the bid or proposal. City of Laramie shall not require nor provide a price differential for materials produced within the State of Wyoming. The bid and resulting contract shall not discriminate against the use of articles or materials shipped from or prepared, made or produced in any state, territory or possession of the United States.

FOR ALL RTP PROJECTS THE BIDDER CERTIFIES:

BUY AMERICA REQUIREMENTS The project either: (check those that apply to the project) ( ) Includes no permanently incorporated steel or iron materials, or ( ) For steel or iron materials incorporated into the project, all manufacturing processes, including the

application of a coating, for these materials must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied.

Signature: ___________________________________________ Date: ____________________________________________

DIS - 1

DISADVANTAGED BUSINESS ENTERPRISE BIDDER GOOD FAITH EFFORT DOCUMENTATION

This form and/or other good faith effort documentations must be submitted with the Bid. Include additional sheets if necessary.

Project Name:

If contractor intends to complete all the work, and to hire no subcontractors, check this box.

1. DBE Company Name: ____________________________________ MBE: _____ WBE: _____

Date of Contact: ________________________ Phone Number: _______________________

Contact Name: _______________________________________________________________

Type of Work: ________________________________________________________________

If bidder proposes to use this DBE, what is the approx. subcontract amount $ _____________

If bidder does not propose to use this company, state reason: __________________________

____________________________________________________________________________



Contact Name: _______________________________________________________________

Type of Work: ________________________________________________________________



____________________________________________________________________________



Contact Name: _______________________________________________________________

Type of Work: ________________________________________________________________



____________________________________________________________________________

CONTRACT DOCUMENTS

NA-1

[Notice of Award; rev 11.13.13] [[ Date ]] [[ Officer ]] [[ Contractor Name ]] [[ Address ]] [[ Address ]] RE: NOTICE OF AWARD IMPERIAL HEIGHTS PARK DEVELOPMENT PHASE I AND II Dear [[ Officer ]]: You are hereby notified that your Bid dated [[ DATE OF BID ]] for the above noted Project has been considered. The contract for the above referenced project has been approved by City Council on [[date of council approval]]. This notice shall be construed as Award of Contract for a total contract price of [[ contract price in dollars and cents in words ]] ($ number). [[If multiple bid schedule or bid alternatives are involved, consider listing those]] A completed copy of the fully executed contract will be returned to you and upon completion, processing and approval of the required submittals your Bid Security will be returned and a Notice to Proceed will be issued. As a reminder, you have thirty (30) days from receipt of this Notice to furnish the required submittals called for in the Contract Documents. [[ and outlined on the attached list of submittals required for this Contract ]]. [[ May choose to list other conditions precedent to Agreement ]]. Please be advised that failure to provide the required submittals within the time specified may result in annulment of the Notice and forfeiture of your Bid Security. Please contact [[[ Contact Person and Department ]]] regarding details for executing and submitting the proper documents. We appreciate your interest in bidding and look forward to working with you. Sincerely, [[[ Project Manager ]]] [[[ Title ]]] Attachments: [[[ Construction Contract ]]]

[[[ Submittal List (completed) ]]] [[[ Contractor’s Interest Bearing Deposit Agreement ]]] cc: [[ Appropriate Department Head(s) ]] [[ Appropriate Division Manager(s) ]] Sue Morris-Jones, MMC, City Clerk

SUB-1

SUBMITTALS REQUIRED FROM CONTRACTOR


BID PHASE Will be Requested Requested Not at this time at later date Required

Required Bid Form and Bid Security in the form of Bid Bond in the amount of 5% of total bid amount;

Required Bidder’s Qualification Form; Copy of Certificate of Residency, if bidding as a Wyoming Resident

Contractor; A tabulation of Subcontractors, Suppliers and other persons and

organizations required to be identified and defined in the Supplementary conditions;

Equipment and Personnel hourly rates schedule; Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion – Lower Tier Covered Transactions; Documentation of a good faith effort to solicit DBE participation, such as

the Disadvantaged Business Enterprise Bidder Good Faith Effort Documentation form, advertisements, letters, etc;

EPA Form 6100-3 – DBE Program Subcontractor Performance Form(s); EPA Form 6100-4 – DBE Program Subcontractor Utilization Form; Bidders list of all DBE and non-DBE firms that submitted a bid or quote

to Bidder; Other: Other:

SUB-2

CONSTRUCTION PHASE Will be Requested Requested Not at this time at later date Required

Returned one (1) copy of Construction Contract; Contractor's Interest Bearing Deposit Agreement Three (3) originals Performance Bond (COL’s modification of EJCDC

No. C-610 (2002 Edition)) Three (3) originals Payment Bond (COL’s modification of EJCDC No. C-

610 (2002 Edition)) Certificates of Insurance -- Insurance Agent to Provide Amounts per

Contract Proof of Qualification with Department of Employment, Employment

Resources Division Proof of Qualification of Workers' Compensation Coverage Project Schedules (may provide at Preconstruction Conference) Shop Drawings Supplier Policies on Returning/Restocking Unused Materials Other: Other:

SUB-3

CLOSE OUT

Will be Requested Requested Not at this time at later date Required

Contractor’s letter requesting final payment; Post Construction Maintenance Plan & Personnel Contact; Consent of Surety for Final Payment; Lien Releases; Insurance Certificate; Warranty Certificates; Operations and Maintenance instructions; Record Drawings Other:___________________________________________________ Other:___________________________________________________

CONSTRUCTION CONTRACTBETWEEN

CITY OF LARAMIE, WYOMINGAND

CONTRACTOR’S FULL NAMEPage 1 of 11



CONTRACTOR’S FULL NAME

1. Parties. This Contract is entered into this _____ day of _______________, 20___ by andbetween City of Laramie, Wyoming, (hereinafter referred to as “City”), whose address is 406 IvinsonStreet, Laramie, Wyoming 82072, and ______________________________ (hereinafter referred toas “Contractor”), whose address is _________________________, _______________, ___,_______. City and Contractor agree to the terms set forth in this document.

2. Purpose of Contract. Contractor shall provide all labor, supervision, materials, equipment,all incidentals, related items and appurtenances, and performing all operations necessary to completethe The Imperial Heights Park Development Phase I and II includes all work necessary for theinstallation of concrete sidewalk, 70’ prefabricated steel pedestrian walking bridge and abutments,area grading, Playground Equipment furnishing and installation, playground drainage system,playground surfacing, and restorative landscaping for a new park in accordance with theAdvertisement to Bid (hereinafter referred to as “ATB”) documents dated __________ labeled asIMPERIAL HEIGHTS PARK DEVELOPMENT PHASE I AND II which is marked Attachment Aand attached hereto and incorporated herein.

3. Term of Contract.

A. Time of Commencement and Substantial Completion.

(i) The work under this Contract shall commence within seven (7) calendar daysof receipt of Notice to Proceed and will be substantially complete within Sixty (60) calendar daysafter the date when the Contract Time commences to run as provided in paragraph 2.03 of theGeneral Conditions and completed and ready for final payment within seventy (70) calendar daysafter the date when the Contract Time commences to run. In no case shall final completion be laterthan October 13, 2016.

(ii) Performance under this Contract shall not begin prior to the date upon whichthe last required signature is affixed to this Contract or the date of the Contractor's receipt of a Noticeto Proceed, whichever occurs later.

(iii) Permitting the Contractor to continue and finish the work or any part of it afterthe time fixed for its completion, or after the use of additional contract time, will in no way operateas a waiver on the part of City of any of its rights under the Contract.

4. Payment.

A. Contract Sum.




(i) City agrees to pay Contractor for the services described herein. The totalpayment under this Contract shall not exceed [[ contract price in dollars and cents in words]], ($__________). No payment shall be made for work performed prior to the date upon which thelast required signature is affixed to this Contract or the date of the Contractor's receipt of a Notice toProceed, whichever occurs later.

(ii) Additional Notices to Proceed shall be issued corresponding to any respectiveContract Amendments.

(iii) Pursuant to Wyo. Stat. §16-6-602, City shall pay interest beginning the forty-sixth day at the rate of one and one-half percent (1 ½%) per month on the unpaid balance of theprogress payment until the account is paid in full, unless a good faith dispute exists as to City’sobligation to pay all or a portion of the account.


(i) Contractor may submit monthly invoices for progress payment. Materialsincluded on each invoice must either be installed or stored on site, additionally, any fees for labormust be performed prior to the submission of the invoice. No advance payment for materials orservices may be requested. So long as the Contractor is satisfactorily progressing in performance ofthis contract, City may make monthly progress payments on the contract sum to the Contractor.Pursuant to Wyo. Stat. §16-6-702, City shall withhold ten percent (10%) of the calculated value ofany work completed until one hundred percent (100%) of the work required by the contract has beenperformed. The withheld percentage of the contract price shall be retained in an account in the nameof the Contractor which has been assigned to City until the contract is completed satisfactorily andfinally accepted. Before the withheld percentage payment is made, City shall determine thatsatisfactory and substantial reasons exist for the payment and shall require written approval from anysurety furnishing bonds for the contract work.

(ii) If it becomes necessary for City to take over the completion of the Contract, allamounts owed the Contractor, including the withheld percentage shall first be applied toward the costof completion of the Contract, as provided in Wyo. Stat. §16-6-703, as amended. Any balanceremaining of the retained percentage after completion by City shall be payable to Contractor orContractor's creditors. The retained percentage which may be due to Contractor shall be due andpayable as prescribed by Wyo. Stat. §16-6-116.

C. Final Payment.

(i) Final payment, constituting the entire unpaid balance of the contract sum, shall be paid byCity to the Contractor when the Contract work has been completed, and the Contract fully performed.The Contractor shall make its request for final payment in writing to City. The Contractor’s requestfor final payment must include the final reconciliation of the return of, and any restocking chargesapplied by the suppliers for any unused materials in storage. City shall determine in writing when the




Contract work has been completed. Final payment will be made pursuant to Wyo. Stat. §§ 16-6-116and 16-6-117, as amended.

(ii) No final payment will be made until the Contractor files a sworn statement,stating that all claims for material and labor performed under the Contract have been made, and thatno liens or claims for unpaid materials, labor or equipment are outstanding. The sworn statementshall be filed with the appropriate entity, as designated in Wyo. Stat. § 16-6-117. A copy of thesworn statement shall be provided to City.

(ii) If any claim for material and labor is disputed, the sworn statementshall so state and include a copy of any claim or lien and the amount claimed. The amount claimedshall be deducted from the final payment and retained by City until the dispute is resolved, asprovided in Wyo. Stat. § 16-6-117. The parties agree that City may, at its discretion, place thedisputed amount in an interest bearing account. In the event the funds are placed in an interestbearing account, any and all accrued interest shall belong to City.

(iii) No final payment will be made until the Contractor provides awarranty security in the form of a certified or cashier's check or bond issued by a surety meeting therequirements of Article 5.01 of the General Conditions. The certified or cashier's check or bond shallbe in the amount of the 5% of the original contract amount, and shall have an expiration dateconsistent with the final correction or warranty period.


(i) If the Contractor fails to complete the work within the time specified in theContract, or within any authorized extension of time under a change order, Contractor shall pay toCity as liquidated damages, the sum listed in the following table, for each calendar day of delay untilthe work is substantially complete, as approved by City.

Original Contract Amount Liquidated Damagescharge per calendar day

$0.00 to $50,000.00 $500.00$50,000.01 to $100,000.00 $1,000.00$100,000.01 to $500,000.00 $1,500.00$500,000.01 to $1,000,000.00 $2,000.00$1,000,000.00 and greater $3,000.00

(ii) The liquidated damages shall be computed beginning the day following thefirst calendar day specified for completion and shall continue each and every calendar day until allwork under the Contract is substantially complete, as approved by City.

(iii) Liquidated damages will not be charged for any work required to be done bythe Contractor as a result of a final inspection, providing the work is only cleanup or of a minornature and the Contractor has shown constant effort in completing the work, as determined by City.If deferment of the inspection is necessary due to causes which City determines to be beyond the




control of and without the fault or negligence of the Contractor, liquidated damages will not beassessed for that period of time.

(iv) Nothing herein shall be construed to preclude City from the recovery ofdamages for causes other than the delay by the Contractor.


A. The Contractor shall perform all work on the described project as required by theContract documents. The work to be performed includes the labor and services necessary to producesuch replacement, and all materials, supplies, tools, transportation, equipment, and machineryrequired for replacement.

B. This project bid includes all materials, labor and equipment to complete thereconstruction and resurfacing of streets as outlined in the Project Manual for IMPERIAL HEIGHTSPARK DEVELOPMENT PHASE I AND II dated ___________ as outlined in Attachment A.


A. Ownership of Documents/Work Product. All documents, reports, records, fieldnotes, materials, and data of any kind resulting from performance of this Contract are at all times thejoint property of the Contractor and City. Upon termination of the Contract all of the abovedocuments return to the City.

B. Independent Contractor. The Contractor shall function as an independentContractor for the purposes of this Contract, and shall not be considered an employee of the City ofLaramie for any purpose. The Contractor shall assume sole responsibility for any debts or liabilitiesthat may be incurred by the Contractor in fulfilling the terms of this Contract, and shall be solelyresponsible for the payment of all federal, state, and local taxes which may accrue because of thisContract. Nothing in this Contract shall be interpreted as authorizing the Contractor or its agentsand/or employees to act as an agent or representative for or on behalf of City, or to incur anyobligation of any kind on the behalf of City. The Contractor agrees that no health/hospitalizationbenefits, workers’ compensation and/or similar benefits available to City of Laramie employees willinure to the benefit of the Contractor or the Contractor’s agents and/or employees as a result of thisContract.

C. Amendments. Any changes, modifications, revisions or amendments to thisContract which are mutually agreed upon by the parties to this Contract shall be incorporated bywritten instrument, executed and signed by all parties to this Contract.

D. Insurance. The Contractor shall maintain the following insurance:

(i) Comprehensive General Liability. Contractor shall have andmaintain comprehensive general liability insurance coverage during the entire term of the Contract,against claims arising out of bodily injury, death, damage to or destruction of the property of others,




including loss of use thereof, and including underground, collapse and explosion (XCU) and productsand completed operations in an amount not less than five hundred thousand dollars ($500,000.00)each occurrence and one million dollars ($1,000,000.00) in the general aggregate.

(ii) Workers Compensation or Employers Liability Insurance.Contractor shall provide proof of workers compensation coverage, for all its employees who are towork on the projects described in this Contract. Contractor’s coverage shall be under the WyomingWorkers Safety and Compensation program, if statutorily required, or such other workerscompensation insurance as appropriate. Contractor’s insurance shall include A Stop Gap coverage inan amount not less than Five Hundred Thousand Dollars ($500,000.00) per employee for eachaccident and disease. Contractor shall have also supply proof of workers’ compensation andemployer’s liability insurance on each and every subcontractor before allowing that subcontractor onthe job site.

(iii) Business Automobile Liability. Contractor shall maintain, during the entire term of thecontract, automobile liability insurance in an amount not less than five hundred thousand dollars($500,000.00) per occurrence.

(iv) Coverage. All polices required under this Contract shall be in effect for the duration of thisContract and projects. All policies shall be primary and not contributory. Contractor shall pay thepremiums on all insurance policies and insurance certificates must include a clause stating that theinsurance may not be revoked, cancelled, amended or allowed to lapse until the expiration of at leastthirty (30) days advance written notice to City.

(v) Additional Insured. All insurance policies required by this Contract, except workers’compensation, shall name City as an additional insured, and shall contain a waiver of subrogationagainst City, its agents and employees. Contractor shall provide, upon request a copy of anendorsement providing this coverage.

(vi) City’s Right to Reject. The City reserves the right to reject a certificate of insurance ifContractor’s insurance company is widely regarded in the insurance industry as financially unstable.This would include but is not limited to insurance companies with no less than AVIII rating in theA.M. Best insurance rating guide.

(vii) Subcontractors. The insurance requirements set forth above apply to all subcontractors. Itis Contractor’s responsibility to ensure that its subcontractors meet these insurance requirements.City has the right to review the Certificates of any and all subcontractors used by the Contractor.

(viii) Cancellation. There shall be no cancellation, material change, potential exhaustion ofaggregate limits or intent to not renew insurance coverage without thirty (30) days written noticefrom Contractor or their insurers to City. Any failure to comply with the reporting provision of thisinsurance, except for the potential exhaustion of aggregate limits, shall not affect the coverageprovided to City and its division, officers and employees.

E. Indemnification. The Contractor shall release indemnify, and hold harmless thestate, City, and their officers, agents, employees, successors and assignees from any cause of action,




or claims or demands arising out of Contractor’s failure to perform any of the Contractor’s duties andobligations under or in connection with the negligent performance of Contractor’s duties orobligations, including but not limited to any claims, law suits, losses or liability arising out ofContractor’s malpractice performance under this Contract.

F. Audit/Access to Records. The Contractor shall, immediately upon receiving writteninstruction from City, provide to any independent auditor, accountant, or accounting firm, all booksdocuments, papers and records of the Contractor which are pertinent to this Contract. The Contractorshall cooperate fully with any such independent auditor, accountant, or accounting firm, during theentire course of any audit authorized by City. There will be no cost for audit expense for City requestto the Contractor.

G. Publicity. Any publicity given to the program or services provided herein, including,but not limited to, notices, information, pamphlets, press releases, research, reports, signs, and similarpublic notices prepared by or for the Contractor, shall identify City as the sponsoring City and shallnot be released without prior written approval from City.

H. Assignment, Transfer and Subcontracting. Neither party shall assign or otherwisetransfer any of the rights or delegate any of the duties set for in this Contract without the prior writtenapproval of the other party. The Contractor shall not use this Contract, or any portion thereof, forcollateral for any financial obligation, without the prior written permission of City. No such writtenapproval shall relieve the Contractor of any obligations of this Contract and any transferee orsubcontractor shall be considered the agent of the Contractor. The Contractor shall remain liable asbetween the original parties to the Contract as if no such assignment had occurred.

I. Compliance With Laws. The Contractor shall keep informed of and comply with allapplicable federal, state and local laws and regulations in the performance of this Contract or anyproperly promulgated rules and regulations related thereto, and Section 504 of the Rehabilitation Actof 1973.

J. Wyoming Product Preference. Unless otherwise provided in the Contract, theContractor shall provide and pay for all labor, materials, equipment, tools, construction equipmentand machinery, water, heat, utilities, transportation, and other facilities and services necessary for theproper execution and completion of work, whether temporary or permanent. The Contractor agreesto provide Wyoming made goods where those goods are comparable in price and quality to thoserequired by this Contract.

K. Termination of Contract. This Contract may be terminated for cause if theContractor or City fails to perform in accordance with the terms and conditions of this Contractfollowing delivery of a written thirty (30) day notice stating the grounds for such default.

L. Applicable Law/Venue. The construction, interpretation and enforcement of thisContract shall be governed by the laws of the State of Wyoming. The courts of the State ofWyoming shall have jurisdiction over this Contract and the parties, and the venue shall be the SecondJudicial District, Albany County, Wyoming.




M. Nondiscrimination. The Contractor shall comply with Presidential Executive Order 11246entitled, “Equal Employment Opportunity”, as amended by Presidential Executive Order 11375, andas supplemented in the Department of labor Regulations (41 CFR Part 60), the Civil Rights Act of1964, the Americans with Disabilities Act (ADA), 42 U.S.C. 12101, et seq., the Wyoming FairEmployment Practices Act (Wyo. Stat. § 27-9-105 et seq.), the Wyoming Human Rights Act, and theAge Discrimination Act of 1975.

All parties of this Contract agree that all hiring must be done on the basis of merit andqualifications. There may be no discrimination on the basis of race, color, religion, creed, politicalideas, sex, age, marital status, physical or mental disability, or national origin by the person orpersons performing the Contract including, but not limited to, the prevailing wage laws.


(i) The Contract shall consist of this document and its terms and conditions andthe following documents: The Advertisement to Bid, Instructions to Bidders, Bid Form, SignatureSheets, Performance and Payment Bond, General Conditions, Supplementary Conditions,Specifications, Supplementary Specifications, Special Provisions, Notice to Proceed, duly issuedChange Orders, Extra Work Orders and Field Orders, Addenda, and all modifications issued afterexecution of this Contract. The Contract documents are as fully a part of this Contract as if heretoattached or herein repeated. The Contract documents are complementary and what is required by oneshall be as binding as if required by all. The Contractor warrants that it has carefully examined andunderstands all of the Contract documents listed above, prior to starting any work under thisContract. The Contractor has not identified any issues from the above documents or site conditionswhich would prevent accomplishing the entire work as outlined in the Project Manual which ismarked Attachment A and attached hereto and incorporated herein. Modifications include but arenot limited to the following: (1) change orders (2) extra work orders or (3) addenda entered into bythe parties pursuant to the terms of the Contract.

(ii) The Contract does not include prior negotiations or any other documents notspecifically enumerated in the contract documents delineated in subparagraph (A) above.

(iii) This Contract, consisting of eleven (11) pages, along with the documentsexplicitly enumerated in Paragraph 6 (N) above and Attachment A entitled Project Manual forIMPERIAL HEIGHTS PARK DEVELOPMENT PHASE I AND II dated __________, represent theentire and integrated Contract between the parties and supersede all prior negotiations,representations, and agreements, whether written or oral. The Contractor shall report to City anyerror, inconsistency or omission it may discover. City, after consulting with the Contractor, willmake a determination on correction of such error. The Contractor may request a change order, underthe change order provisions of this Contract, in conjunction with any required correction, ifappropriate.

(iv) The terms and language set forth in this Contract have been negotiated by Cityand the Contractor and have not been drafted unilaterally by either party. By executing this Contract,




the Contractor represents that it has carefully read, studied, compared and examined all contractdocuments, including the specifications, is satisfied with the sufficiency of the contract documents,and shall not, at any time, complain of defects or inaccuracies in such documents, specifications ordrawings.

P. Confidentiality of Information. All documents, data compilations, reports,computer programs, photographs, and any other work provided to or produced by the Contractor inthe performance of this Contract shall be kept confidential by the Contractor unless writtenpermission is granted by City for its release.

Q. Force Majeure. Neither party shall be liable for failure to perform under thisContract if such failure to perform arises out of causes beyond the control and without the fault ornegligence of the non-performing party. Such causes may include, but are not limited to, acts of Godor the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and usuallysevere weather. This provision shall become effective only if the party failing to performimmediately notifies the other party of the extent and nature of the problem, limits delay inperformance to that required by the event, and takes all reasonable steps to minimize delays. Thisprovision shall not be effective unless the failure to perform is beyond the control and without thefault or negligence of the non-performing party.

R. Kickbacks. The Contractor certifies and warrants that no gratuities, kickbacks orcontingency fees were paid in connection with this contract, nor were any fees, commissions, gifts, orother considerations made contingent upon the award of this Contract. If the Contractor breaches orviolates this warranty, City may, at its discretion, terminate this Contract without liability to City, ordeduct from the contract price or consideration, or otherwise recover, the full amount of anycommission, percentage, brokerage, or contingency fee.

S. Notices. All notices arising out of, or from, the provisions of this Contract shall be inwriting and given to the parties at the address provided under this Contract, either by regular mail,facsimile, e-mail, or delivery in person.


(i) City project manager is David Schott , telephone number: (307) 721-5264 and [email protected].

(ii) The Contractor’s Project Superintendent is [[ contractor’s superintendent’s name ]],telephone number: (___) ___-____ and facsimile: (___) ___-____.

(iii) All notices and invoices required in this Contract shall be in writing, properly addressed to theliaison above, and mailed first-class, postage prepaid. All notices sent via U.S. Postal Services aredeemed effective on the date of postmark. Notices and invoices mailed through another carrier (e.g.,UPS or FedEx) are effective upon receipt.




U. Sovereign Immunity. The City does not waive sovereign immunity by entering intothis Contract, and specifically retains immunity and all defenses available to them as sovereignpursuant to Wyo. Stat. § 1-39-104(a) and all other state law.

V. Taxes. The Contractor shall pay all taxes and other such amounts required byfederal, state and local law, including but not limited to federal and social security taxes, workers’compensation, unemployment insurance and sales taxes.

W. Third Party Beneficiary Rights. The parties do not intend to create in any otherindividual or entity the status of third party beneficiary, and this Contract shall not be construed so asto create such status. The rights, duties, and obligations contained in this Contract shall operate onlybetween the parties to this Contract, and shall inure solely to the benefit of the parties to thisContract. The provisions of this Contract are intended only to assist the parties in determining andperforming their obligations under this Contract. The parties to this Contract intend and expresslyagree that only parties signatory to this Contract shall have any legal or equitable right to seek toenforce this Contract, to seek any remedy arising out of a party’s performance or failure to performany term or condition of this Contract, or to bring an action for the breach of this Contract.

X. Americans with Disabilities Act. Contractor shall not discriminate against aqualified individual with a disability and shall comply with the Americans with Disabilities Act, P.L.101-336, 42 U.S.C. 12101 et seq. and any properly promulgated rules and regulations related thereto.

Y. Warranty. Contractor warrants the following:

(i) has the ability to perform the agreed services;

(ii) shall provide suitable resources to perform work in accordance with agreedservices;

(iii) will endeavor to provide the services herein on a timely basis consistent withthe difficulty and scope of services to be provided; and


Z. Patent or Copyright Protection. Contractor recognizes that certain proprietarymatters or techniques may be subject to patent, trademark, copyright, license or other similarrestrictions, and warrants that no work performed by Contractor or its subcontractors will violate anysuch restriction.

AA. Extension. Nothing in this Contract shall be interpreted or deemed to create anexpectation that this Contract will be extended beyond the term described herein. Any extension ofthis Contract shall be requested by the Contractor and following approval by City shall be effectiveonly after it is reduced to writing and executed by all parties to the Contract. Any agreement toextend this Contract shall include, but not necessarily be limited to: an unambiguous identification ofthe Contract being extended; the term of the extension; the amount of any payment to be made during




the extension, or a statement that no payment will be made during the extension; a statement that allterms and conditions of the original Contract shall, unless explicitly delineated in the exception,remain as they were in the original Contract; and, if the duties of either party will be different duringthe extension than they were under the original Contract, a detailed description of those duties.

BB. Availability of Funds. Each payment obligation of City is conditioned uponthe availability of government funds which are appropriated or allocated for the payment of thisobligation. If funds are not allocated and available for the continuance of the services performed bythe Contractor, the contract may be terminated by City at the end of the period for which the fundsare available. City shall notify the Contractor at the earliest possible time of the services which willor may be affected by a shortage of funds. No penalty shall accrue to City in the event this provisionis exercised, and City shall not be obligated or liable for any future payments due or for any damagesas a result of termination under this section. This provision shall not be constructed to permit City toterminate this Contract to acquire similar services from another party.

CC. Award of Related Contracts. City may undertake or award supplemental orsuccessor contracts for work related to this Contract. The Contractor shall cooperate fully with othercontractors and City in all such cases.

DD. Time is of the Essence. Time is of the essence in all provisions of theContract.

EE. Titles Not Controlling. Titles of paragraphs and sections are for referenceonly, and shall not be used to control the language in the contract.

FF. Severability. Should any portion of this Contract be judicially determined tobe illegal or unenforceable, the remainder of this Contract shall continue in full force and effect andeither party may attempt to renegotiate the terms affected by the severance.





IN WITNESS WHEREOF, the Laramie City Council has caused this Agreement to be signed andexecuted in its behalf by its Mayor, and duly attested by its City Clerk, and Contractor has signed andexecuted this Agreement, the day and year first written above.

CITY OF LARAMIE, WYOMING:

By:David A Paulekas, Mayor and President of theCity Council

Attest:Angie JohnsonCity Clerk

CONTRACTOR:

[[ CONTRACTOR’S NAME IN PRINT ]]

By:

Title:






CONTRACTOR’S FULL NAME

1. Parties. This Contract is entered into this _____ day of _______________, 20___ by andbetween City of Laramie, Wyoming, (hereinafter referred to as “City”), whose address is 406 IvinsonStreet, Laramie, Wyoming 82072, and ______________________________ (hereinafter referred toas “Contractor”), whose address is _________________________, _______________, ___,_______. City and Contractor agree to the terms set forth in this document.

2. Purpose of Contract. Contractor shall provide all labor, supervision, materials, equipment,all incidentals, related items and appurtenances, and performing all operations necessary to completethe The Imperial Heights Park Development Phase I and II includes all work necessary for theinstallation of concrete sidewalk, 70’ prefabricated steel pedestrian walking bridge and abutments,area grading, Playground Equipment furnishing and installation, playground drainage system,playground surfacing, and restorative landscaping for a new park in accordance with theAdvertisement to Bid (hereinafter referred to as “ATB”) documents dated __________ labeled asIMPERIAL HEIGHTS PARK DEVELOPMENT PHASE I AND II which is marked Attachment Aand attached hereto and incorporated herein.

3. Term of Contract.

A. Time of Commencement and Substantial Completion.

(i) The work under this Contract shall commence within seven (7) calendar daysof receipt of Notice to Proceed and will be substantially complete within Sixty (60) calendar daysafter the date when the Contract Time commences to run as provided in paragraph 2.03 of theGeneral Conditions and completed and ready for final payment within seventy (70) calendar daysafter the date when the Contract Time commences to run. In no case shall final completion be laterthan October 13, 2016.

(ii) Performance under this Contract shall not begin prior to the date upon whichthe last required signature is affixed to this Contract or the date of the Contractor's receipt of a Noticeto Proceed, whichever occurs later.

(iii) Permitting the Contractor to continue and finish the work or any part of it afterthe time fixed for its completion, or after the use of additional contract time, will in no way operateas a waiver on the part of City of any of its rights under the Contract.

4. Payment.

A. Contract Sum.