Full Text
1 Rev 07/01/2013 Contract Terms and Conditions In addition to the terms and conditions specified elsewhere in these documents, in the event the City accepts one of the submitted bids, then the following terms and conditions apply to the contract between the City of Laramie and the successful bidder(s). 1. TERM OF CONTRACT. The term of this contract shall begin at the date and time that the City sends or delivers notice to the successful bidder that the bid has been accepted, and shall end upon the successful completion of the contract terms by the parties, or the date specified in the provisions of the bid, whichever date is later. 2. PAYMENT. Payment on this contract shall be made to the successful bidder upon completion of the contract terms and conditions, and receipt by the City of a duly executed voucher form from the successful bidder which certifies that the terms and conditions have been fully completed. Payment will then be made by the City within a period of thirty (30) days once confirmation of the completion of the contract has occurred. 3. AMENDMENTS. Any changes, amendments, modifications, revisions or alterations to the contract which are mutually agreed to by the parties shall be finalized in writing, with a copy of such signed by both of the parties and a copy of such provided to each of the parties. 4. APPLICABLE LAW AND VENUE. The construction, interpretation and enforcement of this contract shall be governed by the laws of the State of Wyoming and the Courts of Wyoming shall have exclusive jurisdiction over this contract, with the appropriate venue to be in the Second Judicial District, Albany County, Wyoming. 5. INDEPENDENT CONTRACTOR. The successful bidder shall function as an independent contractor and shall not be considered an employee of the City for any purpose. The successful bidder shall assume sole responsibility for and debts or liabilities that may be incurred by the successful bidder in fulfilling the terms and conditions of this contract. a. The successful bidder shall be solely responsible for the payment of all federal, state and local taxes which may accrue as a result of this contract, including withholding, workers compensation, unemployment and sales taxes, and shall provide proof to the City that success taxes have been paid, if requested by the City. b. Nothing in this Contract shall be interpreted as authorizing the successful bidder to incur any obligation on behalf of the City or its staff. c. The successful bidder agrees that no benefits which are available to the employees of the City will inure to the benefit of the successful bidder, its agents, officers or employees as a result of this contract. ---PAGE BREAK--- 2 d. The successful bidder shall indemnify, defend and hold harmless the City, its officers, agents, employees, successors and assignees from any and all claims, lawsuits, losses and liability arising from the successful bidder’s performance, or non-performance of this contract. 6. OWNERSHIP OF DOCUMENTS AND WORK PRODUCT. All documents, reports, records, field notes, materials and data of any kind resulting from the performance of this contract, or provided to the successful bidder by the City in connection with this contract, shall be considered to be the property of the City and shall remain confidential, not to be released by the successful bidder to any other person or entity without the written consent of the City. 7. INSURANCE COVERAGE. The successful bidder shall carry and provide proof of coverage of the following insurance coverage in the respective amounts, including proof that any and all subcontractors have the same coverage of the respective amounts. a. Workers Compensation as established by the State of Wyoming Workers Safety Compensation program, including Employer’s Liability “Stop Gap” coverage in an amount of not less than Five Hundred Thousand dollars ($500,000.00) per employee for each disease or accident. b. Business automobile liability insurance coverage in an amount of not less than Five Hundred Thousand dollars ($500,000.00) per occurrence. c. The City shall be named as an additional insured on each of the policies of insurance during the entire term of this contract, and any extensions thereof. d. The City shall have the right to reject any certificate of insurance if the insurance company is regarded as financial unstable by the standard rating establishments, or any of them. 8. TIME IS OF THE ESSENCE. Time is of the essence in all provisions of this contract. 9. TITLES ARE NOT CONTROLLING. Titles of the paragraphs are for reference only and shall not be used to construe the language of this contract. 10. WAIVER. The waiver of any breach of any term or condition in this contract shall not be deemed to be a waiver of any prior or subsequent breach. 11. CITY ENERGY POLICY: The successful bidder will acknowledge that the City of Laramie seeks to integrate energy efficiency practices into all aspects of day-to-day operations, from capital construction to staff behaviors, to ensure economic and environmental sustainability. The City encourages bidder submissions that 1) enhance to efficiency of City projects and ongoing operations, and/or 2) consider all energy types, including traditional and renewable sources. ---PAGE BREAK--- 3 12. WYOMNG PREFERENCE: The successful bidder will acknowledge that preference is hereby given to materials, supplies, equipment, machinery and provisions produced, manufactured, supplied or grown in Wyoming, quality being equal to articles offered by competitors outside the State, as provided in W. S. 16-6-101 through 16-6-119.