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General

1063 The department will divide and pay out the lump sum as follows:

WY · 2021 Standard SpecificationsBook pages 00View official source ↗
1.Twenty-five percent with the first monthly progress payment;
2.Twenty-five percent with the monthly progress payment that follows the engineer’s

written acceptance of the contractor mix design or the beginning of placement of tested material(s); and

3.The final 50 percent upon completion of the sampling and quality control and

quality acceptance testing. 4 The department will not pay directly for changes to an accepted contractor mix design

made for the contractor’s benefit; complete it at no additional cost to the department. At a negotiated lump sum price, the department will pay for changes to an accepted contractor mix design made at the engineer’s request.

64

Legal Relations and Responsibility to the Public

107.1Applicable Laws

1 Become familiar with and adhere to all federal, state, and local laws, ordinances, and

regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority that may affect those engaged or employed on the project or affect the conduct of the work. Indemnify, defend, and hold harmless the state and its representatives against any dispute or third party liability claim due to a violation of any of the foregoing, whether by the contractor or any party or person engaged by the contractor. The department will not grant time extensions or pay compensation for delays or disruption resulting from actions against the contractor due to such violations. 2 The provisions of W. S. 16-6-121 apply when the contract amount is for $50,000 or more.

107.2Permits, Licenses, and Taxes

1 Obtain all permits and licenses; pay all charges, fees, and taxes; and give all notices

necessary or related to the lawful prosecution of the work.

107.3Patented Devices, Materials, and Processes

1 Observe all patent and copyright laws and obtain through legal agreement with rights

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

107.4Contractor’s Insurance Requirements

107.4.1 General

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

1.Workers’ Compensation and Employers’ Liability Insurance. Provide proof

of workers’ compensation coverage for every employee who will work on the project.

65

Legal Relations and Responsibility to the Public

Source: Wyoming Standard Specifications for Road and Bridge Construction, 2021 Edition. Pages 00 of 771.