PART 5 - AGREEMENT AND PERFORMANCE PAYMENT BONDS

CITY OF CHEYENNE, WYOMING

CITY OF CHEYENNE

AGREEMENT FORM

BID NUMBER:

CONTRACT NUMBER:

THIS AGREEMENT, entered into this ____ day of ___________, _____, by and between the CITY OF CHEYENNE, WYOMING, hereinafter referred to as the “CITY”, and

__________________________________________, hereinafter referred to as the

“CONTRACTOR”.

WITNESSETH that the Contractor and the City, for the considerations stated herein, mutually agree as follows:

ARTICLE 1. STATEMENT OF WORK. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services, and perform and complete all work in an efficient and workmanlike manner in the construction of the “( )” project all in strict accordance with the Contract

Documents including all addenda thereto, numbered and dated:

ARTICLE 2. RESPONSIBLE DESIGNEE FOR THE CITY. The Contractor shall in any and all matters relating to the scope of services to be provided under this Contract or any other provisions herein, contact the City Engineer, or his/her designated representative.

ARTICLE 3. TIME FRAME FOR COMPLETION. The services to be performed under this Agreement shall commence on the date stipulated in the “Notice to Proceed” that will be issued by the City. The work shall be completed by __________________. If the work has not been completed within the time stipulated above, including any extensions of time issued by the City for excusable delays, the Contractor and his/her sureties shall pay the City fixed, agreed liquidated damages, as stipulated in the Supplemental Conditions, for each calendar day of delay until the work is completed.

ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT. The CITY will pay the Contractor for the performance of the Contract in current funds, the sum of

____________________________________________________Dollars ($______________). In the event there are changes in the estimated quantities shown on the Bid Proposal, the unit prices multiplied by the actual quantities shall govern, and the total contract amount will be adjusted accordingly. The City agrees to pay the above amount for contractual services in the following manner, upon receipt of appropriate documentation:

a. The Contractor will be paid on a monthly basis for percentage of estimated work completed.

Submittal will be at least seven (7) business days prior to the payable due date as established annually by the City Treasurer’s Office. The pay request shall be submitted on the Contract

Payment Request Form and Itemized Pay Request or the AIA Documents G702 and G703.

The engineer will review the estimate for approval prior to payment.

b. The City will withhold five percent (5%) of the dollar value of the work completed for a minimum of forty-one (41) calendar days after Notice of Final Settlement has been published in accordance with Wyo. Stat. §16-6-116. Upon completion of the work under this Contract, the Contractor shall submit a Contractor’s Certificate of Completion; the Consent of Surety;

Final Waivers of Lien from the Contractor, and all Sub-Contractors, Suppliers and

Materialmen; Affidavit of Release of Liens; Affidavit of Payment; and a current Workers

Compensation Certificate. Final payment will not be made until the above documents have been received by the City and all items on the Punch List have been completed, and the advertising requirements have been met.

ARTICLE 5. CONTRACT. The executed Contract Documents shall consist of the following:

1. This Agreement;

2. Addenda;

3. Invitation for Bids;

4. Instructions to Bidders;

5. Signed Bid Proposal;

6. General Conditions and Insurance;

7. Supplemental Conditions;

8. Part IV Forms & Notices;

9. Specifications and Special

Provisions;

10. Drawings.

This Agreement, together with other documents enumerated in this Article 5, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto.

IN WITNESS WHEREOF, THAT the governing body of the City of Cheyenne has authorized the Mayor as Executive Officer of the City to enter into this Agreement, and that the parties hereto have caused this Agreement to be executed on the day and year in the first part herein written.

CITY OF CHEYENNE, WYOMING

ATTEST:

Kylie Soden, City Clerk Patrick Collins, Mayor

Contractor

By

Title

Address

PERFORMANCE AND PAYMENT

BOND REQUIREMENTS

1. Signature of principal must be affixed to the bond.

2. Signature of principal must be witnessed.

3. Name of principal must be witnessed.

4.

The legal capacity of the principal must be stated in the caption of the bond (i.e., corporation, partnership or sole proprietorship).

5. If the principal is jointly owned, all owners must sign the bond.

6. If the principal is a partnership, at least two partners must sign the bond.

7. Signature of the attorney-in-fact acting on behalf of the surety company must appear on the bond.

8.

The surety’s seal must be affixed to the signature of the attorney-in-fact (Facsimile seals are NOT acceptable).

9.

The surety company must be registered with the state insurance commission and qualified to do business in the State of Wyoming.

10.

Power of Attorney/Acknowledgment of Surety must be signed, sealed and dated with the same date as execution of bond.

11. Date of written Agreement and date of bond must be same. Post-dated bonds are not acceptable.

12. Bond form must be completely executed. Bonds with blank spaces, including dates, are unacceptable.

13.

The bond must be accompanied by a properly executed authorization of Power of Attorney. Note: The bond shall continue in force throughout the project and a two-year warranty period; and at the discretion of the City, for any additional warranty period specified in the contract documents.

CORPORATE PRINCIPALS ONLY

14.

The person signing on behalf of the corporate principal must state his/her legal capacity and he/she must be either the president or the vice-president if it is a corporation. If the officer or person signing on behalf of the corporate principal is other than the president or vice-president, there must be attached to the bond a resolution or certified evidence of authority that such officer or person has authority to sign in behalf of the principal.

15.

The signature of the principal must be witnessed, or attested to if it is a corporate principal by ONLY the secretary or assistant secretary of the corporation.

16.

The corporate seal must be affixed to the signature of the principal. (Facsimile seals are NOT accepted).

17. Each party is required to sign his/her own name.

18.

All changes or strike-throughs must be initialed by the resident agent or attorney-in-fact of the surety company. The surety company must be notified of such changes.

PERFORMANCE AND PAYMENT

BOND FORM

KNOW ALL MEN BY THESE PRESENTS:

That

(Name of Contractor)

(Address of Contractor) a _____________________________________, hereinafter called Principal, and ___________________________________ hereinafter called Surety, are

(Name of Surety) held and firmly bound unto the City of Cheyenne, Wyoming, Municipal Building, 2101 O’Neil

Avenue, hereinafter called City, in the penal sum of:

___________________________________________________________ Dollars

($____________________), in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City, dated the _____ day of ___________, _____, a copy of which is hereto attached and made a part hereof for the

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements, of said contract during the original term thereof, and any extensions thereof which may be granted by the City, with or without notice to the Surety and during the two-year guarantee period, and if the Principal shall satisfy all the claims and demands incurred under such contact, and shall fully indemnify and save harmless the

City from all costs and damages which the City may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications.

PROVIDED, FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in ___ counterparts, each one of which shall be deemed an original, this the ___ day of ____________, _____.

(Witness) (Principal) (Seal)

By_________________________

(Title)

(Address)

(Witness) (Surety) (Seal)

By_________________________

(Attorney-in-fact)

Countersigned by: ___________________________

(Address)

By_____________________________

(Wyoming Resident Agent)

(Address)

NOTE: Date of Bond must be same date as date of Contract. If Contractor is a partnership, all partners must execute bond.

IMPORTANT: Surety companies executing bonds must hold a Certificate of Authority issued by the State of

Wyoming Insurance Department.