State Codes and Statutes

Statutes > Wyoming > Title16 > Chapter6

CHAPTER 6 - PUBLIC PROPERTY

 

ARTICLE 1 - PUBLIC WORKS AND CONTRACTS

 

16-6-101. Definitions.

 

(a) As used in this act:

 

(i) "Resident" means a person, partnership, limitedpartnership, registered limited partnership, registered limited liabilitycompany or corporation certified as a resident by the department of employmentprior to bidding upon the contract or responding to a request for proposal,subject to the following criteria:

 

(A) Any person who has been a resident of the state for one (1)year or more immediately prior to bidding upon the contract or responding to arequest for proposal; or

 

(B) A partnership, association, limited partnership, registeredlimited partnership, registered limited liability company or corporation, eachmember or shareholder of which has been a resident of the state for one (1)year or more immediately prior to bidding upon the contract or responding to arequest for proposal;

 

(C) A corporation organized under the laws of the state with atleast fifty percent (50%) of the issued and outstanding shares of stock in thecorporation owned by persons who have been residents of the state for one (1)year or more prior to bidding upon the contract or responding to a request forproposal, and which maintains its principal office and place of business withinthe state, and the president of the corporation has been a resident of thestate for one (1) year or more immediately prior to bidding upon the contractor responding to a request for proposal;

 

(D) A corporation organized under the laws of the state whichhas been in existence in the state for one (1) year or more and whose presidenthas been a resident of the state for one (1) year or more immediately prior tobidding upon the contract or responding to a request for proposal and maintainsits principal office and place of business within the state. If at least fiftypercent (50%) of the issued and outstanding shares of stock in the corporationare owned by nonresidents, shares of the corporation shall:

 

(I) Have been acquired by nonresidents one (1) year or moreimmediately prior to bidding upon the contract or responding to a request forproposal; or

 

(II) Be publicly traded and registered under Section 13 or 15(d)of the Securities Exchange Act of 1934 for one (1) or more classes of itsshares.

 

(E) A limited partnership organized under the laws of the stateand which maintains its principal office and place of business in the state andthe general partners of which have been residents of the state for at least one(1) year or more immediately prior to bidding upon the contract or respondingto a request for proposal;

 

(F) A registered limited liability partnership organized underthe laws of the state and which maintains its principal office and place ofbusiness in the state and each member of which has been a resident of the statefor one (1) year or more immediately prior to bidding upon the contract orresponding to a request for proposal;

 

(G) A limited liability company organized under the laws of thestate and which maintains its principal office and place of business in thestate and the managing members or the appointed managers of which have beenresidents of the state for one (1) year or more immediately prior to biddingupon the contract or responding to a request for proposal; or

 

(H) A person, partnership, limited partnership, registeredlimited partnership, registered limited liability company or corporation whichhas satisfied the following requirements for the period one (1) year or moreimmediately prior to bidding upon the contract or responding to a request forproposal:

 

(I) Has continuously maintained an office or place of businesswithin the state; and

 

(II) Has continuously employed not less than fifteen (15)full-time employees within the state.

 

(ii) "Office and place of business" means aheadquarters or administrative center where business activities are conductedor controlled;

 

(iii) "This act" means W.S. 16-6-101 through 16-6-121.

 

16-6-102. Resident contractors; preference limitation with referenceto lowest bid or qualified response; decertification; denial of application forresidency.

 

(a) If a contract is let by the state, any department thereof,or any county, city, town, school district, community college district or otherpublic corporation of the state for the erection, construction, alteration orrepair of any public building, or other public structure, or for making anyaddition thereto, or for any public work or improvements, the contract shall belet, if advertisement for bids or request for proposal is not required, to aresident of the state. If advertisement for bids is required, the contractshall be let to the responsible certified resident making the lowest bid if thecertified resident's bid is not more than five percent (5%) higher than that ofthe lowest responsible nonresident bidder.

 

(b) If any person who is certified as a resident contractor forany reason loses that certification, that person may not be recertified as aresident for a period of one (1) year from the date of decertification.

 

(c) If any person who applies for certification as a residentcontractor is denied certification because of not meeting the residencyrequirements, that person may not reapply for certification for a period of onehundred eighty (180) days from the date certification is denied. No personshall be denied certification because of inadvertent omission of information,as determined by the department of employment, on an application for residentcertification.

 

(d) Repealed By Laws 1999, Ch. 152, 2; 2007, Ch. 163, 2.

 

(e) The department may make investigations as necessary todetermine whether any person is eligible to receive or continue to hold acertificate of residency. The department may require or permit any person tofile a statement in writing, under oath or otherwise as to all the facts andcircumstances concerning the matter to be investigated. For the purpose of anyinvestigation under this section, the director of the department or any persondesignated by him may administer oaths and affirmations, subpoena witnesses,and compel their attendance, take evidence and require the production of anybooks, papers, correspondence, memoranda, agreements or other documents orrecords, which the director or designated person deems relevant or material tothe inquiry. In case of refusal to obey a subpoena issued to any person, anyWyoming district court, upon application by the director, may issue to theperson an order requiring him to appear before the director or the officerdesignated by him, to produce documentary evidence if so ordered, or to giveevidence touching the matter under investigation or in question. Failure toobey the order of the court may be punished by the court as contempt of court.

 

(f) If, after investigation, the department believes that acertificate of residency should be denied or revoked, it shall provide noticeto the applicant or certificate holder of its intent to deny or revoke thecertificate and of the applicant or certificate holder's opportunity for ahearing if requested. Any hearing conducted under this subsection shall beconducted in accordance with the Wyoming Administrative Procedure Act.

 

16-6-103. Limitation on subcontracting by resident contractors.

 

Asuccessful resident bidder shall not subcontract more than thirty percent (30%)of the work covered by his contract to nonresident contractors.

 

16-6-104. Preference for Wyoming labor and materials required incontracts.

 

ResidentWyoming laborers, workmen and mechanics shall be used upon all work enumeratedin W.S. 16-6-102 whenever possible and any contract let shall so provide.Wyoming materials and products of equal quality and desirability shall havepreference over materials or products produced outside the state and anycontract let shall so provide.

 

16-6-105. Preference for Wyoming materials and Wyoming agriculturalproducts required in public purchases; exception; cost differential;definition.

 

(a) Every board, commission or other governing body of anystate institution, and every person acting as purchasing agent for the board,commission or other governing body of any state institution or department, andevery county, municipality, school district and community college district,shall prefer in all purchases for supplies, material, agricultural products,equipment, machinery and provisions to be used in the maintenance and upkeep oftheir respective institutions, supplies, materials, agricultural products,equipment, machinery and provisions produced, manufactured or grown in thisstate, and supplies, materials, agricultural products, equipment, machinery andprovisions supplied by a resident of the state, competent and capable toprovide service for the supplies, materials, agricultural products, equipment,machinery and provisions within the state of Wyoming. Preference shall not begranted for articles of inferior quality to those offered by competitorsoutside of the state, but a differential of not to exceed five percent (5%) maybe allowed in cost of contracts less than five million dollars ($5,000,000.00)for the Wyoming materials, supplies, agricultural products, equipment,machinery and provisions of quality equal to those of any other state orcountry.

 

(b) As used in this section, "agricultural products"means any horticultural, viticultural, vegetable product, livestock, livestockproduct, bees or honey, poultry or poultry product, sheep or wool product,timber or timber product.

 

16-6-106. Statement of Wyoming materials preference in requests forbids and proposals.

 

Allrequests for bids and proposals for materials, supplies, agricultural products,equipment, machinery and provisions for the construction, maintenance andupkeep of every state, county, municipal, community college district or schooldistrict institution shall contain the words "preference is hereby givento materials, supplies, agricultural products, equipment, machinery andprovisions produced, manufactured or grown in Wyoming, or supplied by aresident of the state, quality being equal to articles offered by thecompetitors outside of the state".

 

16-6-107. Wyoming materials preference required in construction ormaintenance of public structures; exception; cost differential.

 

Allpublic buildings, courthouses, public school buildings, public monuments andother public structures constructed in this state shall be constructed andmaintained by materials produced or manufactured in Wyoming if Wyomingmaterials are suitable and can be furnished in marketable quantities.Preference shall not be granted for materials of an inferior quality to thoseoffered by competitors outside of the state, but a differential of not toexceed five percent (5%) may be allowed in cost of contracts less than fivemillion dollars ($5,000,000.00) for the Wyoming materials of equal quality asagainst materials from states having or enforcing a preference rule against"out-of-state" products.

 

16-6-108. Governing of federal funds by federal law.

 

Theoperation of this act upon the letting of any public works contract abovementioned, in connection with which, funds are granted or advanced by theUnited States of America, shall be subject to the effect, if any, of relatedlaws of the United States and valid rules and regulations of federal agenciesin charge, governing use and payment of the federal funds.

 

16-6-109. Use of insurance for rebuilding fire-destroyed statestructures.

 

Whenbuildings belonging to the state are destroyed by fire, the insurance on thebuildings shall be collected by the state treasurer. The governing board of thestate institution suffering the loss by fire may draw on the state treasurerfor the amount of money collected and use the insurance money for therebuilding of the structure destroyed by fire if, in the opinion of thegoverning board, the structure should be rebuilt.

 

16-6-110. Limitation on work hours; overtime; exceptions.

 

 

(a) No person shall require laborers, workmen or mechanics towork more than eight (8) hours in any one (1) calendar day or forty (40) hoursin any one (1) week upon any public works of the state or any of its politicalsubdivisions except as hereafter authorized. An employee may agree to workmore than eight (8) hours per day or more than forty (40) hours in any week,provided the employee shall be paid at the rate of one and one-half (1 1/2)times the regularly established hourly rate for all work in excess of forty(40) hours in any one (1) week. This section does not apply:

 

(i) In case of emergency caused by fire, flood or danger tolife or property; or

 

(ii) To work upon public or military works or defenses in timeof war.

 

16-6-111. Penalty for violating work hours provisions.

 

Anyperson who violates this act is guilty of a misdemeanor punishable by a fine ofnot more than five hundred dollars ($500.00), imprisonment in the county jailfor not more than six (6) months, or both.

 

16-6-112. Contractor's bond or other guarantee; when required;conditions; amount; approval; filing; enforcement upon default.

 

 

(a) Except as provided under W.S. 9-2-1016(b)(xviii), anycontract entered into with the state, any county, city, town, school districtor other political subdivision of the state for the erection, construction,alteration, repair or addition to any public building or other public structureor for any public work or improvement and the contract price exceeds seventhousand five hundred dollars ($7,500.00), shall require any contractor beforebeginning work under the contract to furnish the state or any political subdivision,as appropriate, a bond or if the contract price is one hundred thousand dollars($100,000.00) or less, any other form of guarantee approved by the state or thepolitical subdivision. The bond or other form of guarantee shall be:

 

(i) Conditioned for the payment of all taxes, excises,licenses, assessments, contributions, penalties and interest lawfully due thestate or any political subdivision;

 

(ii) For the use and benefit of any person performing any workor labor or furnishing any material or goods of any kind which were used in theexecution of the contract, conditioned for the performance and completion ofthe contract according to its terms, compliance with all the requirements oflaw and payment as due of all just claims for work or labor performed, materialfurnished and taxes, excises, licenses, assessments, contributions, penaltiesand interest accrued in the execution of the contract;

 

(iii) In an amount not less than fifty percent (50%) of thecontract price unless the price exceeds one hundred thousand dollars($100,000.00), in which case the appropriate officer, agent or the governingbody may fix a sufficient amount;

 

(iv) Approved by and filed with the appropriate officer, agentor other designee of the state or governing body of the political subdivision.

 

(b) A bond or other guarantee satisfactory to the state orpolitical subdivision, as the case may be, shall include the obligationsspecified under subsection (a) of this section even though not expresslywritten into the guarantee.

 

(c) In default of the prompt payment of all obligations underthe guarantee, a direct proceeding may be brought in any court of competentjurisdiction by the authorized officer or agency to enforce payment. The rightto proceed in this matter is cumulative and in addition to other remediesprovided by law.

 

16-6-113. Contractor's bond or other guarantee; right of action;notice to obligee; intervention by interested parties; pro rata distribution.

 

Anyperson entitled to the protection of a bond or other form of guarantee approvedby the state or any political subdivision under W.S. 16-6-112, may maintain anaction for the amount due him. He shall notify the obligee named in the bond orother guarantee of the beginning of the action, giving the names of theparties, describing the guarantee and stating the amount and nature of hisclaim. No judgment shall be entered in the action within thirty (30) days afterthe giving of the notice. The obligee or any person having a cause of actionmay on his motion, be admitted as a party to the action. The court shalldetermine the rights of all parties to the action. If the amount realized onthe bond or other guarantee is insufficient to discharge all claims in full,the amount shall be distributed among the parties pro rata.

 

16-6-114. Contractor's bond or other guarantee; requiring new oradditional bond or other guarantee; failure to furnish.

 

Ifin its judgment any of the sureties on a bond or other form of guaranteeapproved by the state or any political subdivision under W.S. 16-6-112 areinsolvent or for any cause are no longer proper or sufficient sureties, theobligee may within ten (10) days require the contractor to furnish a new oradditional bond or other approved guarantee. If ordered by the obligee, allwork on the contract shall cease until a new or additional bond or otherguarantee is furnished. If the guarantee is not furnished within ten (10) days,the obligee may at its option determine [terminate] the contract and completethe contract as the agent and at the expense of the contractor and hissureties.

 

16-6-115. Contractor's bond or other guarantee; limitation of actions.

 

Noaction shall be maintained on any bond or other form of guarantee satisfactoryto the state or any political subdivision under W.S. 16-6-112 unless commencedwithin one (1) year after the date of first publication of notice of finalpayment of the contract.

 

16-6-116. Final settlement with and payment to contractor; requirednotices.

 

Whenany public work is let by contract the commission, board or person under whosedirection or supervision the work is being carried on and conducted and uponwhose approval intermediate and final estimates are paid for the constructionof the work, forty (40) days before the final estimate is paid, shall cause tobe published in a newspaper of general circulation, published nearest the pointat which the work is being carried on, once a week for three (3) consecutiveweeks, and also to post in three (3) conspicuous places on the work, a noticesetting forth in substance, that the commission, board or person has acceptedthe work as completed according to the plans and specifications and rules setforth in the contract between the commission, board or person and the contractor,and that the contractor is entitled to final settlement therefor. The noticeshall also set forth that upon the 41st day (and the notice shall specify theexact date) after the first publication of the notice the commission, board orperson under whose direction or supervision the work has been carried on willpay to the contractor the full amount due under the contract. This section doesnot relieve the contractor and the sureties on his bond from any claims forwork or labor done or materials or supplies furnished in the execution of thecontract.

 

16-6-117. Final settlement with and payment to contractor;prerequisite filing of contractor's statement of payment; disputed claims.

 

Inall formal contracts entered into by any person with the state, or anydepartment or commission thereof, or with any county, city, town, schooldistrict, high school district, or other public corporation of this state, forthe construction of any public building, or the prosecution and completion ofany public work, or for repairs upon any public building or public work, nofinal payment shall be made until the person files with the officer, departmentor commission of the state, or with the clerk of the county, city, town orschool district, or with a similar officer of any other public corporation bywhich the contract has been made, a sworn statement setting forth that allclaims for material and labor performed under the contract have been and arepaid for the entire period of time for which the final payment is to be made.If any claim for material and labor is disputed the sworn statement shall sostate, and the amount claimed to be due the laborer shall be deducted from thefinal payment and retained by the state, county, city, town or school districtauthority or public corporation until the determination of the dispute, eitherby judicial action or consent of the parties, and then paid by the agent oragency to the persons found entitled thereto.

 

16-6-118. Unlawful interest of officeholders in public contracts orworks; exception.

 

 

(a) It is unlawful for any person, now or hereafter holding anyoffice, either by election or appointment, under the constitution or laws ofthis state, to become in any manner interested, either directly or indirectly,in his own name or in the name of any other person or corporation, in anycontract, or the performance of any work in the making or letting of which theofficer may be called upon to act or vote. It is unlawful for any officer torepresent, either as agent or otherwise, any person, company or corporation, inrespect of any application or bid for any contract or work in regard to whichthe officer may be called upon to vote or to take or receive, or offer to takeor receive, either directly or indirectly, any money or other thing of value,as a gift or bribe, or means of influencing his vote or action in his officialcharacter. Any contracts made and procured in violation of this subsection arenull and void and the person violating this subsection may be removed fromoffice.

 

(b) Notwithstanding subsection (a) of this section, if anyperson is interested in any public contract or shall represent any person,company or corporation, but shall disclose the nature and extent thereof to allthe contracting parties concerned therewith and shall absent himself during theconsiderations and vote thereon and not attempt to influence any of thecontracting parties and not act directly or indirectly for the governing bodyin inspection, operation, administration or performance of any contract, thenthe acts are not unlawful under this section. This section does not apply as tothe operation, administration, inspection or performance of banking and depositcontracts and relationships after the selection of a depository.

 

16-6-119. State construction; right to reject bids or responses;qualifications of bidders and respondents.

 

Every state agency, board, commission,department or institution shall be authorized to determine the qualificationsand responsibilities of bidders or respondents on contracts for theconstruction of a public project, facility or structure using standard formsand procedures adopted by the department of administration and information, andmay recommend that the department of administration and information reject anyor all bids or responses based on the qualifications and responsibilities ofbidders and respondents and readvertise for bids or responses.

 

16-6-120. Department to enforce.

 

Thedepartment of employment is authorized and directed to enforce W.S. 16-6-101through 16-6-206.

 

16-6-121. Notice required to receive protection under a bond orguarantee; limitation; notice required by owner in project specifications.

 

 

(a) Any subcontractor or materialman entitled to the protectionof a bond or other form of guarantee approved by the state or any politicalsubdivision under W.S. 16-6-112 shall give notice of his right to thatprotection to the prime contractor. Failure to give notice to a primecontractor who has complied with subsections (f) and (g) of this section waivesthe subcontractor or materialman's protection under the bond or guarantee andwaives any right to a lien for materials or services provided.

 

(b) The notice shall be given no later than sixty (60) daysafter the date on which services or materials are first furnished.

 

(c) The notice shall be sent to the prime contractor bycertified mail or delivered to and receipted by the prime contractor or hisagent. Notice by certified mail is effective on the date the notice is mailed.

 

(d) The notice shall be in writing and shall state that it is anotice of a right to protection under the bond or guarantee. The notice shallbe signed by the subcontractor or materialman and shall include the followinginformation:

 

(i) The subcontractor or materialman's name, address and phonenumber and the name of a contact person;

 

(ii) The name and address of the subcontractor's ormaterialman's vendor; and

 

(iii) The type or description of the materials or servicesprovided.

 

(e) This section shall only apply where the prime contractor'scontract is for fifty thousand dollars ($50,000.00) or more.

 

(f) The prime contractor shall post on the construction site aprominent sign citing this section and stating that any subcontractor ormaterialman shall give notice to the prime contractor of a right to protectionunder the bond or guarantee and that failure to provide the notice shall waivethe subcontractor or materialman's protection under the bond or guarantee andshall waive any right to a lien for materials or services provided.

 

(g) The owner or his agent shall provide written notice of theinformation required by this section in the project specifications.

 

ARTICLE 2 - PREFERENCE FOR STATE LABORERS

 

16-6-201. Short title.

 

Thisact may be cited as the "Wyoming Preference Act of 1971".

 

16-6-202. Definitions.

 

 

(a) As used in this act:

 

(i) "Laborer" means a person employed to performunskilled or skilled manual labor for wages in any capacity and does notinclude independent contractors;

 

(ii) "Resident" includes any person who is a citizenof the United States and has resided in the state of Wyoming for at least one(1) year immediately preceding his application for employment;

 

(iii) "Wages" means a payment of money for labor orservices according to a contract or any hourly, daily or piece-work basis;

 

(iv) "This act" means W.S. 16-6-201 through 16-6-206.

 

16-6-203. Required resident labor on public works projects; exception.

 

Everyperson who is charged with the duty of construction, reconstructing, improving,enlarging, altering or repairing any public works project or improvement forthe state or any political subdivision, municipal corporation, or othergovernmental unit, shall employ only Wyoming laborers on the project or improvement.Every contract let by any person shall contain a provision requiring thatWyoming labor be used except other laborers may be used when Wyoming laborersare not available for the employment from within the state or are not qualifiedto perform the work involved. A person required to employ Wyoming laborers mayemploy other than Wyoming laborers if that person informs the nearest stateemployment office of his employment needs and the state employment officecertifies that the person's need for laborers cannot be filled from thoselisted as of the date the information is filed.

 

16-6-204. Employees not covered by provisions.

 

Allother employees of the contractor or subcontractor, other than laborers asdefined by this act, are not covered by this act.

 

16-6-205. Enforcement.

 

Thisact shall not be enforced in a manner which conflicts with any federal statutesor rules and regulations.

 

16-6-206. Failure to employ state laborers; penalty.

 

Aperson who willfully or intentionally fails to use Wyoming laborers as requiredin this act is guilty of a misdemeanor punishable by a fine of not more thanfive hundred dollars ($500.00) or by imprisonment for not more than thirty (30)days. Each separate case of failure to employ Wyoming laborers on public worksprojects constitutes a separate offense.

 

ARTICLE 3 - PUBLIC PRINTING CONTRACTS

 

16-6-301. Preference for resident bidders; exception;"resident" defined; violation.

 

 

(a) Whenever a contract is let by the state or any departmentthereof, or any of its subdivisions, for public printing, including reports ofofficers and boards, pamphlets, blanks, letterheads, envelopes and printed andlithographed matter of every kind and description whatsoever, the contractshall be let to the responsible resident making the lowest bid if theresident's bid is not more than ten percent (10%) higher than that of thelowest responsible nonresident bidder. Any successful resident bidder shallperform at least seventy-five percent (75%) of the contract within the state ofWyoming. This section shall not apply to any contract for the compilation,codification, revision, or digest of the statutes or case law of the state.

 

(b) As used in this section, "resident" means anyperson, partnership, corporation or association who has been a bona fideresident of this state, for one (1) year or more immediately prior to biddingupon a contract, and who has an established printing plant in actual operationin the state of Wyoming immediately prior to bidding upon a contract.

 

(c) Any contract let or performed in violation of this sectionshall be null and void and no funds shall be paid for the performance thereof.

 

ARTICLE 4 - PUBLIC FACILITY LIFE-CYCLE COST ANALYSES

 

16-6-401. Definitions.

 

 

(a) As used in W.S. 16-6-401 through 16-6-403:

 

(i) "Economic life" means the projected oranticipated useful life of a major facility as expressed by a term of years;

 

(ii) "Energy-consumption analysis" means theevaluation of all energy systems and components by demand and type of energyincluding the internal energy load imposed on a major facility by itsoccupants, equipment and components, and the external energy load imposed on amajor facility by the climatic conditions of its location. Theenergy-consumption projections shall take into account daily and seasonalvariations in energy system output during normal operations;

 

(iii) "Energy systems" means all utilities, includingheating, air-conditioning, ventilating, lighting and the supplying of domestichot water;

 

(iv) "Initial cost" means the monies required for thecapital construction or renovation of a major facility;

 

(v) "Life-cycle cost analysis" means a study tocompute life-cycle costs, as required in this act;

 

(vi) "Life-cycle cost" means the cost of a major facilityincluding its initial cost, the cost of the energy consumed over its economiclife and the cost of its operation and maintenance;

 

(vii) "Major facility" means any publicly ownedbuilding having eighteen thousand (18,000) square feet or more of gross floorarea;

 

(viii) "Public agency" means every state office,officer, board, commission, committee, bureau, department and all politicalsubdivisions of the state; and

 

(ix) "Renovation" means revision to a major facilitywhich will affect more than fifty percent (50%) of the gross floor area in thebuilding.

 

16-6-402. Computation of life-cycle costs.

 

 

(a) Life-cycle costs shall be the sum of:

 

(i) Initial cost;

 

(ii) The reasonably expected fuel costs over the life of thebuilding based on the energy consumption analysis; and

 

(iii) The reasonable costs of maintenance and operation as theypertain to energy systems.

 

(b) Life-cycle costs shall be computed for two (2) or morealternatives for construction of the facility.

 

16-6-403. Life-cycle cost analyses.

 

Publicagencies shall, prior to the construction or renovation of any major facility,include in the design phase a provision requiring that life-cycle cost analysesbe prepared for two (2) or more alternatives for the construction of thefacility. These life-cycle cost analyses shall be available to the public. Thelife-cycle costs shall be a consideration in the selection of a building designby a public agency.

 

ARTICLE 5 - ACCESSIBILITY OF HANDICAPPED TO PUBLIC BUILDINGS

 

16-6-501. Building plans and specifications; required facilities;elevators; curb ramps; inspections; exceptions.

 

(a) The plans and specifications for the construction of oradditions to all buildings for general public use built by the state or anygovernmental subdivision, school district or other public administrative bodywithin the state, shall provide facilities and features conforming with thespecifications set forth in the publication entitled "American StandardSpecifications for Making Buildings and Facilities Accessible to and Usable bythe Physically Handicapped" (U.S. Patent No. A117.1-1961) as approvedOctober 31, 1961, by the American Standards Association, now called theAmerican National Standards Institute, Inc. Elevators shall be installed inmultiple-story buildings to serve all levels normally used by the generalpublic. Elevators shall have the following features:

 

(i) The bottom of the elevator control panels shall be nohigher than four (4) feet from the elevator floor and the top of elevatorcontrol panels shall be no higher than five (5) feet from the elevator floor;

 

(ii) Elevator call buttons shall be mounted no higher than four(4) feet above the floor;

 

(iii) Elevator control and building call buttons shall havetactile identification beside them;

 

(iv) Elevator floor levels shall stop within one-half (1/2) inchof the maximum building floor levels; and

 

(v) Elevator control panels shall be mounted on the right sideof the elevator as viewed from within the elevator.

 

(b) Every curb or sidewalk to be constructed or reconstructedin Wyoming, where both are provided and intended for public use, whetherconstructed with public or private funds, shall provide a ramp at points ofintersection between pedestrian and motorized lines of travel and no less thantwo (2) curb ramps per lineal block. Design for curb ramps shall take intoconsideration the needs of all physically handicapped persons including blindpedestrians. Existing design standards will be available from the governor'scommittee for employment of the handicapped. If future improvements in the curbramp design will benefit handicapped and elderly persons, designs stipulated inthis article may be altered after full hearings on the proposed changes by theadministrator of the division of vocational rehabilitation, the program managerof the governor's committee on employment of people with disabilities and thestate fire marshal.

 

(c) The state fire marshal or city engineer shall inspect anystructure described in subsection (a) of this section at the request of anyperson. Curb ramps shall be modified or reconstructed by the contractingauthority to meet the requirements of W.S. 16-6-501 through 16-6-504.

 

(d) Exceptions may be granted by the state fire marshal in consultationwith the administrator of the division of vocational rehabilitation, theprogram manager of the governor's committee on employment of people withdisabilities, and the occupational health and safety commission chairman.

 

16-6-502. Building plans and specifications; state fire marshal;review and approval.

 

Allplans and specifications for the construction of or additions to buildings forgeneral public use, built by the state or any governmental subdivision, schooldistrict or other public administrative body within this state, shall besubmitted for review and approval by the state fire marshal, who shall approveif he finds the plans provide facilities which conform to the specificationsset forth in "American Standard Specifications for Making Buildings andFacilities Accessible to and Usable by the Physically Handicapped" (U.S.Patent No. A117.1-1961) as approved October 31, 1961, by the American StandardsAssociation, now called the American National Standards Institute, Inc., and W.S.16-6-501, subject however to the waiver specified above.

 

16-6-503. Building plans and specifications; state fire marshal;ruling and determination; filing of written objection.

 

Thestate fire marshal shall within five (5) days mail a copy of his ruling anddetermination to the contracting authority and to any other interested oraffected person, as defined under the Wyoming Administrative Procedure Act, whohas made timely request of the state fire marshal for receipt of copies of allrulings and determinations. All mailings by the state fire marshal made underthis section shall be made by certified mail. Any time within ten (10) daysafter receipt of the ruling or determination made by the state fire marshal thecontracting authority or any other interested or affected person may object tothe determination, or any part thereof as the contracting authority or anyother interested or affected person deems objectionable by filing a writtennotice with the state fire marshal, stating the specific grounds of theobjection. The written objection shall be filed in the records of the statefire marshal and shall be available for inspection by any person who may beaffected.

 

16-6-504. Building plans and specifications; hearing on objection;final administrative determination; judicial review.

 

 

(a) Within five (5) days of the receipt of the objection, thestate fire marshal shall notify the department of fire prevention andelectrical safety of the objection. That department shall set a date for ahearing on the objection to be held not less than ten (10) days nor more thanthirty (30) days following receipt of the objection notice from the state firemarshal. Written notice of the time and place of the hearing shall be given bythe department to the contracting authority and any other interested andaffected persons at least ten (10) days prior to the date set for the hearing.

 

(b) The procedure before the department of fire prevention andelectrical safety for hearing of objections shall be as provided in the WyomingAdministrative Procedure Act.

 

(c) Within ten (10) days of the conclusion of the hearing, thedepartment shall rule on the written objections and make the finaldetermination it determines that the evidence warrants. Immediately upon itsfinal determination, the department shall serve a certified copy thereof on thecontracting authority and all other interested and affected persons who mayhave appeared at the hearing, by personal service or by registered or certifiedmail.

 

(d) The final decision of the department of fire prevention andelectrical safety is subject to review in accordance with the WyomingAdministrative Procedure Act. All proceedings in any district court affecting adetermination of the department of fire prevention and electrical safety shallhave priority in hearing and determination over all other civil proceedingspending in the court, except election contests.

 

ARTICLE 6 - PAYMENT OF AGENCY ACCOUNTS

 

16-6-601. Definitions.

 

 

(a) As used in this article:

 

(i) "Agency" means any department, agency or otherinstrumentality of the state or of a political subdivision of the state;

 

(ii) "Goods" means all personal property purchased,procured or contracted for by an agency, including leases of real property orother arrangements for the use of space;

 

(iii) "Services" means all services purchased, procuredor contracted for by an agency, including construction services.

 

16-6-602. Payment of agency accounts; interest.

 

Exceptas provided by contract, any agency which purchases or procures goods andservices from a nongovernmental entity shall pay the amount due withinforty-five (45) days after receipt of a correct notice of amount due for thegoods or services provided or shall pay interest from the forty-fifth day at therate of one and one-half percent (1 1/2%) per month on the unpaid balance untilthe account is paid in full, unless a good faith dispute exists as to theagency's obligation to pay all or a portion of the account.

 

ARTICLE 7 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES

 

16-6-701. Definitions.

 

(a) As used in this act:

 

(i) "Acceptable depository" means a state or nationalbank or a savings and loan association or credit union in which deposits areinsured;

 

(ii) "Contractor" means any person who is a party toa contract with a public entity to construct, erect, alter, install or repairany highway, public building, public work or public improvement, structure orsystem;

 

(iii) "Public entity" means this state or a county,city, town or any political subdivision thereof;

 

(iv) "Substantial completion" means the date when theconstruction is sufficiently complete, in accordance with the contractdocuments, as modified by any change orders agreed to by the parties, so thatthe work or designated portion thereof is available for use by the owner;

 

(v) "Alternate design and construction deliverymethod" means the delivery method described by any qualifications basedprocurement of design and construction services, including all procedures,actions, events, contractual relationships, obligations and forms of agreementfor the successful completion of the design and construction, alteration orrepair of any public building, work, improvement, facility, structure or systemother than by design, bid and build. Alternate design and construction deliverymethods available to a public entity include construction manager agent,construction manager at risk or design-builder;

 

(vi) "Construction manager agent" means a type ofconstruction management delivery where the professional service is procuredunder existing statutes for professional services. The construction manageragent is a construction consultant providing administrative and managementservices to the public entity throughout the design and construction phases ofa project. Under this delivery method, the construction manager agent is notthe contracting agent and is not responsible for purchase orders;

 

(vii) "Construction manager at-risk" means a type ofconstruction management delivery in which the construction manager at-risk isan advocate for the public entity as determined by the contracts throughout thepreconstruction phase of a project. In the construction phase of a project,the construction manager at-risk is responsible for all project subcontractsand purchase orders and may conduct all or a portion of the constructionproject work. Under this delivery method, the construction manager at-risk isresponsible for providing a guaranteed maximum price for the project to thepublic entity prior to commencing the construction project and the constructionmanager at-risk shall be required to bond any project with a guaranteed maximumprice in excess of one hundred thousand dollars ($100,000.00) in accordancewith W.S. 16-6-112;

 

(viii) "This act" means W.S. 16-6-701 through 16-6-708;

 

(ix) "Design-build" means a type of constructiondelivery method in which there is a single contract between the public entityand a design-builder who furnishes architectural, engineering and other relateddesign services as required for the public project, as well as labor, materialsand other construction services necessary to construct the project. Adesign-builder may be selected by the public entity based on evaluation ofresponses to a request for qualifications, fixed scope request for proposal orfixed price request for proposal. The following shall apply:

 

(A) A design-builder may be selected based solely on a responseto a request for qualification for projects with an estimated construction costof five hundred thousand dollars ($500,000.00) or less provided there are notless than two (2) respondents;

 

(B) Responses to a fixed scope request for proposal or a fixedprice request for proposal shall be used as the bases for selection for aproject with an estimated construction cost of more than five hundred thousanddollars ($500,000.00);

 

(C) Interested parties shall first respond to a request forqualification. Based on responses to the request for qualification a minimumof two (2) and maximum of five (5) respondents may be selected to respond to afixed scope request for proposal or a fixed price request for proposal;

 

(D) The respondent chosen by evaluation to provide the bestoverall value for the project shall be selected in response to a fixed scoperequest for proposal or a fixed price request for proposal. The best overallvalue shall be determined based on criteria set forth by the public entityletting the project and may include, but is not limited to, qualifications,price, quality of materials and products, past experience and schedule;

 

(E) All unsuccessful respondents to a response for a fixedscope request for proposal or fixed price request for proposal may becompensated at the discretion of the public entity based upon a percentage ofthe price of the project as proposed by the successful respondent in therespondent's original proposal. Any compensation provided pursuant to thissubparagraph shall be clearly specified in the request for proposal.

 

(x) "Design-builder" means an entity that providesdesign-build services as described under paragraph (ix) of this subsectionwhether by itself or through subcontractual arrangements with other entities;

 

(xi) "Fixed price request for proposal" means arequest for an oral and written presentation of all qualifications deemedpertinent to the project by the public entity in addition to a schematic designand detailed description of all materials and products proposed to accommodatea preliminary project program prepared by the public entity and provided in thefixed price request for proposal. The successful respondent shall constructthe project described in their design and material and product description fora fixed price prepared by the public entity and provided in the fixed pricerequest for proposal. The final guaranteed maximum price and scope for theproject may be altered from the request for proposal and negotiated with thesuccessful respondent at the discretion of the public entity;

 

(xii) "Fixed scope request for proposal" means arequest for an oral and written presentation of all qualifications deemedpertinent to the project by the public entity in addition to a guaranteedmaximum price for a preliminary design prepared by the design builderincorporating all elements of a fixed scope for the project prepared by thepublic entity and provided in the fixed scope request for proposal. The finalguaranteed maximum price and scope for the project may be altered from therequest for proposal and negotiated with the successful respondent at thediscretion of the public entity;

 

(xiii) "Request for qualification" means a request foran oral or written presentation of all qualifications deemed pertinent to theproject by the public entity. The request for qualification shall include notless than all the provisions contained in W.S. 16-6-707(b).

 

16-6-702. Public entity; contracts; partial payments; alternatedelivery methods authorized.

 

(a) Notwithstanding W.S. 15-1-113(e), a public entity awardinga contract for the construction, alteration or repair of any highway, publicbuilding, public work or public improvement, structure or system shallauthorize partial payments of the amount due under the contract as stipulatedin the contract document or as soon thereafter as practicable, to thecontractor if the contractor is satisfactorily performing the contract. Nomore than ten percent (10%) of the calculated value of any work completed shallbe withheld until fifty percent (50%) of the work required by the contract hasbeen performed. Thereafter, the public entity may pay any of the remaininginstallments without retaining additional funds if, in the opinion of thepublic entity, satisfactory progress is being made in the work but under nocondition shall more than ten percent (10%) be withheld on the remaining fiftypercent (50%) of the work required. The withheld percentage of the contractprice of the work, improvement or construction shall be retained in an accountin the name of the contractor which has been assigned to the public entityuntil the contract is completed satisfactorily and finally accepted by thepublic entity. If the public entity finds that satisfactory progress is beingmade in all phases of the contract, it may, upon written request by thecontractor, authorize payment from the withheld percentage. Before the paymentis made, the public entity shall determine that satisfactory and substantialreasons exist for the payment and shall require written approval from anysurety furnishing bonds for the contract work.

 

(b) Alternate design and construction delivery methods may beused by a public entity to design, construct, alter, repair or maintain publicworks projects.

 

16-6-703. Contract; completion by public entity; partial payments.

 

Ifit becomes necessary for a public entity to take over the completion of anycontract, all of the amounts owing the contractor, including the withheldpercentage, shall first be applied toward the cost of completion of thecontract. Any balance remaining in the retained percentage after completion bythe public entity shall be payable to the contractor or the contractor'screditors. The retained percentage which may be due any contractor shall bedue and payable as prescribed by W.S. 16-6-116.

 

16-6-704. Interest bearing deposit agreement; requirement to enterinto.

 

Apublic entity shall enter into an interest bearing deposit agreement with anydepository designated by the contractor, after notice to the surety, toprovide an agent for the custodial care and servicing of any deposits placedwith him pursuant to this act on any contract of more than twenty-five thousanddollars ($25,000.00). The services shall include the safekeeping of theobligations and the rendering of all services required to effectuate the purposesof this act.

 

16-6-705. Custodian for obligations; collection of interest income -payable to contractor.

 

Thepublic entity or any depository designated by the contractor to serve ascustodian for the obligations pursuant to W.S. 16-6-704 shall collect allinterest and income when due on obligations so deposited and shall pay them,when and as collected, to the contractor or as otherwise instructed by thecontractor. Any expense incurred for this service shall not be charged to thepublic entity.

 

16-6-706. Applicability of provisions.

 

Thisact does not apply in the case of a contract made or awarded by any publicentity if a part of the contract price is to be paid with funds from thefederal government or from some other source and if the federal government orthe other source has requirements concerning retention or payment of fundswhich are applicable to the contract and which are inconsistent with this act.

 

16-6-707. Construction management alternate delivery method.

 

(a) Excluding contracts for professional services, constructionmanagement and design-build delivery negotiations by public entities andconstruction managers shall be in accordance with residency and preferencerequirements imposed under W.S. 16-6-101 through 16-6-107.

 

(b) Formal requests for proposal for preconstruction orconstruction services by a construction manager or a design-builder submittedby a public entity shall require at least the following information:

 

(i) The location of the primary place of business;

 

(ii) The name and identification of individuals to be assignedto the project;

 

(iii) Experience with similar projects;

 

(iv) Qualifications;

 

(v) Ability to protect the interests of the public entityduring the project;

 

(vi) Ability to meet project budget and time schedulerequirements;

 

(vii) Excluding contracts for professional services, compliancewith W.S. 16-6-101 through 16-6-107; and

 

(viii) For design-build alternative construction delivery methods,the names of the prime consultants used for architectural and engineeringdesign services.

 

(c) Negotiations between a public entity and a constructionmanager at-risk shall require that the construction manager at-risk comply withthe residency and preference requirements imposed under W.S. 16-6-101 through16-6-107 in the procurement of subcontractors and materials.

 

16-6-708. Responsibilities under alternative delivery contracts.

 

(a) Any construction manager agent, construction manager atrisk or design-builder contract awarded shall comply with any reporting andadministrative requirements as required by the public entity of the recipientof a design, bid and build contract, including retainage, payment andperformance bonding and default of contract.

 

(b) All bids let under this section including subcontractorbids, shall be opened in public following reasonable public notice.

 

ARTICLE 8 - WORKS OF ART IN PUBLIC BUILDINGS

 

16-6-801. Definitions.

 

(a) As used in this article:

 

(i) "Agency" means any state office, department,board, commission or institution and any community college district to whichfunds have been appropriated, bonded or otherwise provided by the state for thedesign and original construction of any new building;

 

(ii) "Architect" means any person licensed to practicearchitecture pursuant to W.S. 33-4-101 through 33-4-117 and designated as theproject architect for a specific capital construction project;

 

(iii) "Artist" means any practitioner generallyrecognized by peers or critics as a professional who produces works of art;

 

(iv) "Building" means any permanent structure and anyappurtenant structure intended to function as an office, courtroom, hearing ormeeting room or other space for carrying on the operation of any agency and anyauditorium, meeting room, classroom or other educational facility, library ormuseum space, or information center for use by the public, excluding utilitylines, water projects, fish ponds, school buildings, city buildings, countybuildings, public restrooms at state parks, separate structures which are notpart of a larger construction project intended solely as storage, warehouse ormaintenance and repair facilities;

 

(v) "Construction cost" means the cost for the actualdesign and original construction of any new building which is funded in totalor in part by appropriated state funds, excluding land acquisition. The phrasedoes not include the cost for any building funded in part by city or countyfunds;

 

(vi) "Department" means the department of state parksand cultural resources acting through the Wyoming arts council establishedunder W.S. 9-2-901;

 

(vii) "User" means that agency with principaladministrative responsibility for the actual use of any building;

 

(viii) "Works of art" means any frescoe, mosaic,sculpture, drawing, painting, photograph, calligraphy, graphic art, stainedglass, wall hanging, tapestry, fountain, ornamental gateway, monument, display,architectural embellishment, craft, architectural landscape or any work ofmixed media by an artist.

 

16-6-802. Construction of new public buildings; state funds.

 

(a) The original construction of any new buildin

State Codes and Statutes

Statutes > Wyoming > Title16 > Chapter6

CHAPTER 6 - PUBLIC PROPERTY

 

ARTICLE 1 - PUBLIC WORKS AND CONTRACTS

 

16-6-101. Definitions.

 

(a) As used in this act:

 

(i) "Resident" means a person, partnership, limitedpartnership, registered limited partnership, registered limited liabilitycompany or corporation certified as a resident by the department of employmentprior to bidding upon the contract or responding to a request for proposal,subject to the following criteria:

 

(A) Any person who has been a resident of the state for one (1)year or more immediately prior to bidding upon the contract or responding to arequest for proposal; or

 

(B) A partnership, association, limited partnership, registeredlimited partnership, registered limited liability company or corporation, eachmember or shareholder of which has been a resident of the state for one (1)year or more immediately prior to bidding upon the contract or responding to arequest for proposal;

 

(C) A corporation organized under the laws of the state with atleast fifty percent (50%) of the issued and outstanding shares of stock in thecorporation owned by persons who have been residents of the state for one (1)year or more prior to bidding upon the contract or responding to a request forproposal, and which maintains its principal office and place of business withinthe state, and the president of the corporation has been a resident of thestate for one (1) year or more immediately prior to bidding upon the contractor responding to a request for proposal;

 

(D) A corporation organized under the laws of the state whichhas been in existence in the state for one (1) year or more and whose presidenthas been a resident of the state for one (1) year or more immediately prior tobidding upon the contract or responding to a request for proposal and maintainsits principal office and place of business within the state. If at least fiftypercent (50%) of the issued and outstanding shares of stock in the corporationare owned by nonresidents, shares of the corporation shall:

 

(I) Have been acquired by nonresidents one (1) year or moreimmediately prior to bidding upon the contract or responding to a request forproposal; or

 

(II) Be publicly traded and registered under Section 13 or 15(d)of the Securities Exchange Act of 1934 for one (1) or more classes of itsshares.

 

(E) A limited partnership organized under the laws of the stateand which maintains its principal office and place of business in the state andthe general partners of which have been residents of the state for at least one(1) year or more immediately prior to bidding upon the contract or respondingto a request for proposal;

 

(F) A registered limited liability partnership organized underthe laws of the state and which maintains its principal office and place ofbusiness in the state and each member of which has been a resident of the statefor one (1) year or more immediately prior to bidding upon the contract orresponding to a request for proposal;

 

(G) A limited liability company organized under the laws of thestate and which maintains its principal office and place of business in thestate and the managing members or the appointed managers of which have beenresidents of the state for one (1) year or more immediately prior to biddingupon the contract or responding to a request for proposal; or

 

(H) A person, partnership, limited partnership, registeredlimited partnership, registered limited liability company or corporation whichhas satisfied the following requirements for the period one (1) year or moreimmediately prior to bidding upon the contract or responding to a request forproposal:

 

(I) Has continuously maintained an office or place of businesswithin the state; and

 

(II) Has continuously employed not less than fifteen (15)full-time employees within the state.

 

(ii) "Office and place of business" means aheadquarters or administrative center where business activities are conductedor controlled;

 

(iii) "This act" means W.S. 16-6-101 through 16-6-121.

 

16-6-102. Resident contractors; preference limitation with referenceto lowest bid or qualified response; decertification; denial of application forresidency.

 

(a) If a contract is let by the state, any department thereof,or any county, city, town, school district, community college district or otherpublic corporation of the state for the erection, construction, alteration orrepair of any public building, or other public structure, or for making anyaddition thereto, or for any public work or improvements, the contract shall belet, if advertisement for bids or request for proposal is not required, to aresident of the state. If advertisement for bids is required, the contractshall be let to the responsible certified resident making the lowest bid if thecertified resident's bid is not more than five percent (5%) higher than that ofthe lowest responsible nonresident bidder.

 

(b) If any person who is certified as a resident contractor forany reason loses that certification, that person may not be recertified as aresident for a period of one (1) year from the date of decertification.

 

(c) If any person who applies for certification as a residentcontractor is denied certification because of not meeting the residencyrequirements, that person may not reapply for certification for a period of onehundred eighty (180) days from the date certification is denied. No personshall be denied certification because of inadvertent omission of information,as determined by the department of employment, on an application for residentcertification.

 

(d) Repealed By Laws 1999, Ch. 152, 2; 2007, Ch. 163, 2.

 

(e) The department may make investigations as necessary todetermine whether any person is eligible to receive or continue to hold acertificate of residency. The department may require or permit any person tofile a statement in writing, under oath or otherwise as to all the facts andcircumstances concerning the matter to be investigated. For the purpose of anyinvestigation under this section, the director of the department or any persondesignated by him may administer oaths and affirmations, subpoena witnesses,and compel their attendance, take evidence and require the production of anybooks, papers, correspondence, memoranda, agreements or other documents orrecords, which the director or designated person deems relevant or material tothe inquiry. In case of refusal to obey a subpoena issued to any person, anyWyoming district court, upon application by the director, may issue to theperson an order requiring him to appear before the director or the officerdesignated by him, to produce documentary evidence if so ordered, or to giveevidence touching the matter under investigation or in question. Failure toobey the order of the court may be punished by the court as contempt of court.

 

(f) If, after investigation, the department believes that acertificate of residency should be denied or revoked, it shall provide noticeto the applicant or certificate holder of its intent to deny or revoke thecertificate and of the applicant or certificate holder's opportunity for ahearing if requested. Any hearing conducted under this subsection shall beconducted in accordance with the Wyoming Administrative Procedure Act.

 

16-6-103. Limitation on subcontracting by resident contractors.

 

Asuccessful resident bidder shall not subcontract more than thirty percent (30%)of the work covered by his contract to nonresident contractors.

 

16-6-104. Preference for Wyoming labor and materials required incontracts.

 

ResidentWyoming laborers, workmen and mechanics shall be used upon all work enumeratedin W.S. 16-6-102 whenever possible and any contract let shall so provide.Wyoming materials and products of equal quality and desirability shall havepreference over materials or products produced outside the state and anycontract let shall so provide.

 

16-6-105. Preference for Wyoming materials and Wyoming agriculturalproducts required in public purchases; exception; cost differential;definition.

 

(a) Every board, commission or other governing body of anystate institution, and every person acting as purchasing agent for the board,commission or other governing body of any state institution or department, andevery county, municipality, school district and community college district,shall prefer in all purchases for supplies, material, agricultural products,equipment, machinery and provisions to be used in the maintenance and upkeep oftheir respective institutions, supplies, materials, agricultural products,equipment, machinery and provisions produced, manufactured or grown in thisstate, and supplies, materials, agricultural products, equipment, machinery andprovisions supplied by a resident of the state, competent and capable toprovide service for the supplies, materials, agricultural products, equipment,machinery and provisions within the state of Wyoming. Preference shall not begranted for articles of inferior quality to those offered by competitorsoutside of the state, but a differential of not to exceed five percent (5%) maybe allowed in cost of contracts less than five million dollars ($5,000,000.00)for the Wyoming materials, supplies, agricultural products, equipment,machinery and provisions of quality equal to those of any other state orcountry.

 

(b) As used in this section, "agricultural products"means any horticultural, viticultural, vegetable product, livestock, livestockproduct, bees or honey, poultry or poultry product, sheep or wool product,timber or timber product.

 

16-6-106. Statement of Wyoming materials preference in requests forbids and proposals.

 

Allrequests for bids and proposals for materials, supplies, agricultural products,equipment, machinery and provisions for the construction, maintenance andupkeep of every state, county, municipal, community college district or schooldistrict institution shall contain the words "preference is hereby givento materials, supplies, agricultural products, equipment, machinery andprovisions produced, manufactured or grown in Wyoming, or supplied by aresident of the state, quality being equal to articles offered by thecompetitors outside of the state".

 

16-6-107. Wyoming materials preference required in construction ormaintenance of public structures; exception; cost differential.

 

Allpublic buildings, courthouses, public school buildings, public monuments andother public structures constructed in this state shall be constructed andmaintained by materials produced or manufactured in Wyoming if Wyomingmaterials are suitable and can be furnished in marketable quantities.Preference shall not be granted for materials of an inferior quality to thoseoffered by competitors outside of the state, but a differential of not toexceed five percent (5%) may be allowed in cost of contracts less than fivemillion dollars ($5,000,000.00) for the Wyoming materials of equal quality asagainst materials from states having or enforcing a preference rule against"out-of-state" products.

 

16-6-108. Governing of federal funds by federal law.

 

Theoperation of this act upon the letting of any public works contract abovementioned, in connection with which, funds are granted or advanced by theUnited States of America, shall be subject to the effect, if any, of relatedlaws of the United States and valid rules and regulations of federal agenciesin charge, governing use and payment of the federal funds.

 

16-6-109. Use of insurance for rebuilding fire-destroyed statestructures.

 

Whenbuildings belonging to the state are destroyed by fire, the insurance on thebuildings shall be collected by the state treasurer. The governing board of thestate institution suffering the loss by fire may draw on the state treasurerfor the amount of money collected and use the insurance money for therebuilding of the structure destroyed by fire if, in the opinion of thegoverning board, the structure should be rebuilt.

 

16-6-110. Limitation on work hours; overtime; exceptions.

 

 

(a) No person shall require laborers, workmen or mechanics towork more than eight (8) hours in any one (1) calendar day or forty (40) hoursin any one (1) week upon any public works of the state or any of its politicalsubdivisions except as hereafter authorized. An employee may agree to workmore than eight (8) hours per day or more than forty (40) hours in any week,provided the employee shall be paid at the rate of one and one-half (1 1/2)times the regularly established hourly rate for all work in excess of forty(40) hours in any one (1) week. This section does not apply:

 

(i) In case of emergency caused by fire, flood or danger tolife or property; or

 

(ii) To work upon public or military works or defenses in timeof war.

 

16-6-111. Penalty for violating work hours provisions.

 

Anyperson who violates this act is guilty of a misdemeanor punishable by a fine ofnot more than five hundred dollars ($500.00), imprisonment in the county jailfor not more than six (6) months, or both.

 

16-6-112. Contractor's bond or other guarantee; when required;conditions; amount; approval; filing; enforcement upon default.

 

 

(a) Except as provided under W.S. 9-2-1016(b)(xviii), anycontract entered into with the state, any county, city, town, school districtor other political subdivision of the state for the erection, construction,alteration, repair or addition to any public building or other public structureor for any public work or improvement and the contract price exceeds seventhousand five hundred dollars ($7,500.00), shall require any contractor beforebeginning work under the contract to furnish the state or any political subdivision,as appropriate, a bond or if the contract price is one hundred thousand dollars($100,000.00) or less, any other form of guarantee approved by the state or thepolitical subdivision. The bond or other form of guarantee shall be:

 

(i) Conditioned for the payment of all taxes, excises,licenses, assessments, contributions, penalties and interest lawfully due thestate or any political subdivision;

 

(ii) For the use and benefit of any person performing any workor labor or furnishing any material or goods of any kind which were used in theexecution of the contract, conditioned for the performance and completion ofthe contract according to its terms, compliance with all the requirements oflaw and payment as due of all just claims for work or labor performed, materialfurnished and taxes, excises, licenses, assessments, contributions, penaltiesand interest accrued in the execution of the contract;

 

(iii) In an amount not less than fifty percent (50%) of thecontract price unless the price exceeds one hundred thousand dollars($100,000.00), in which case the appropriate officer, agent or the governingbody may fix a sufficient amount;

 

(iv) Approved by and filed with the appropriate officer, agentor other designee of the state or governing body of the political subdivision.

 

(b) A bond or other guarantee satisfactory to the state orpolitical subdivision, as the case may be, shall include the obligationsspecified under subsection (a) of this section even though not expresslywritten into the guarantee.

 

(c) In default of the prompt payment of all obligations underthe guarantee, a direct proceeding may be brought in any court of competentjurisdiction by the authorized officer or agency to enforce payment. The rightto proceed in this matter is cumulative and in addition to other remediesprovided by law.

 

16-6-113. Contractor's bond or other guarantee; right of action;notice to obligee; intervention by interested parties; pro rata distribution.

 

Anyperson entitled to the protection of a bond or other form of guarantee approvedby the state or any political subdivision under W.S. 16-6-112, may maintain anaction for the amount due him. He shall notify the obligee named in the bond orother guarantee of the beginning of the action, giving the names of theparties, describing the guarantee and stating the amount and nature of hisclaim. No judgment shall be entered in the action within thirty (30) days afterthe giving of the notice. The obligee or any person having a cause of actionmay on his motion, be admitted as a party to the action. The court shalldetermine the rights of all parties to the action. If the amount realized onthe bond or other guarantee is insufficient to discharge all claims in full,the amount shall be distributed among the parties pro rata.

 

16-6-114. Contractor's bond or other guarantee; requiring new oradditional bond or other guarantee; failure to furnish.

 

Ifin its judgment any of the sureties on a bond or other form of guaranteeapproved by the state or any political subdivision under W.S. 16-6-112 areinsolvent or for any cause are no longer proper or sufficient sureties, theobligee may within ten (10) days require the contractor to furnish a new oradditional bond or other approved guarantee. If ordered by the obligee, allwork on the contract shall cease until a new or additional bond or otherguarantee is furnished. If the guarantee is not furnished within ten (10) days,the obligee may at its option determine [terminate] the contract and completethe contract as the agent and at the expense of the contractor and hissureties.

 

16-6-115. Contractor's bond or other guarantee; limitation of actions.

 

Noaction shall be maintained on any bond or other form of guarantee satisfactoryto the state or any political subdivision under W.S. 16-6-112 unless commencedwithin one (1) year after the date of first publication of notice of finalpayment of the contract.

 

16-6-116. Final settlement with and payment to contractor; requirednotices.

 

Whenany public work is let by contract the commission, board or person under whosedirection or supervision the work is being carried on and conducted and uponwhose approval intermediate and final estimates are paid for the constructionof the work, forty (40) days before the final estimate is paid, shall cause tobe published in a newspaper of general circulation, published nearest the pointat which the work is being carried on, once a week for three (3) consecutiveweeks, and also to post in three (3) conspicuous places on the work, a noticesetting forth in substance, that the commission, board or person has acceptedthe work as completed according to the plans and specifications and rules setforth in the contract between the commission, board or person and the contractor,and that the contractor is entitled to final settlement therefor. The noticeshall also set forth that upon the 41st day (and the notice shall specify theexact date) after the first publication of the notice the commission, board orperson under whose direction or supervision the work has been carried on willpay to the contractor the full amount due under the contract. This section doesnot relieve the contractor and the sureties on his bond from any claims forwork or labor done or materials or supplies furnished in the execution of thecontract.

 

16-6-117. Final settlement with and payment to contractor;prerequisite filing of contractor's statement of payment; disputed claims.

 

Inall formal contracts entered into by any person with the state, or anydepartment or commission thereof, or with any county, city, town, schooldistrict, high school district, or other public corporation of this state, forthe construction of any public building, or the prosecution and completion ofany public work, or for repairs upon any public building or public work, nofinal payment shall be made until the person files with the officer, departmentor commission of the state, or with the clerk of the county, city, town orschool district, or with a similar officer of any other public corporation bywhich the contract has been made, a sworn statement setting forth that allclaims for material and labor performed under the contract have been and arepaid for the entire period of time for which the final payment is to be made.If any claim for material and labor is disputed the sworn statement shall sostate, and the amount claimed to be due the laborer shall be deducted from thefinal payment and retained by the state, county, city, town or school districtauthority or public corporation until the determination of the dispute, eitherby judicial action or consent of the parties, and then paid by the agent oragency to the persons found entitled thereto.

 

16-6-118. Unlawful interest of officeholders in public contracts orworks; exception.

 

 

(a) It is unlawful for any person, now or hereafter holding anyoffice, either by election or appointment, under the constitution or laws ofthis state, to become in any manner interested, either directly or indirectly,in his own name or in the name of any other person or corporation, in anycontract, or the performance of any work in the making or letting of which theofficer may be called upon to act or vote. It is unlawful for any officer torepresent, either as agent or otherwise, any person, company or corporation, inrespect of any application or bid for any contract or work in regard to whichthe officer may be called upon to vote or to take or receive, or offer to takeor receive, either directly or indirectly, any money or other thing of value,as a gift or bribe, or means of influencing his vote or action in his officialcharacter. Any contracts made and procured in violation of this subsection arenull and void and the person violating this subsection may be removed fromoffice.

 

(b) Notwithstanding subsection (a) of this section, if anyperson is interested in any public contract or shall represent any person,company or corporation, but shall disclose the nature and extent thereof to allthe contracting parties concerned therewith and shall absent himself during theconsiderations and vote thereon and not attempt to influence any of thecontracting parties and not act directly or indirectly for the governing bodyin inspection, operation, administration or performance of any contract, thenthe acts are not unlawful under this section. This section does not apply as tothe operation, administration, inspection or performance of banking and depositcontracts and relationships after the selection of a depository.

 

16-6-119. State construction; right to reject bids or responses;qualifications of bidders and respondents.

 

Every state agency, board, commission,department or institution shall be authorized to determine the qualificationsand responsibilities of bidders or respondents on contracts for theconstruction of a public project, facility or structure using standard formsand procedures adopted by the department of administration and information, andmay recommend that the department of administration and information reject anyor all bids or responses based on the qualifications and responsibilities ofbidders and respondents and readvertise for bids or responses.

 

16-6-120. Department to enforce.

 

Thedepartment of employment is authorized and directed to enforce W.S. 16-6-101through 16-6-206.

 

16-6-121. Notice required to receive protection under a bond orguarantee; limitation; notice required by owner in project specifications.

 

 

(a) Any subcontractor or materialman entitled to the protectionof a bond or other form of guarantee approved by the state or any politicalsubdivision under W.S. 16-6-112 shall give notice of his right to thatprotection to the prime contractor. Failure to give notice to a primecontractor who has complied with subsections (f) and (g) of this section waivesthe subcontractor or materialman's protection under the bond or guarantee andwaives any right to a lien for materials or services provided.

 

(b) The notice shall be given no later than sixty (60) daysafter the date on which services or materials are first furnished.

 

(c) The notice shall be sent to the prime contractor bycertified mail or delivered to and receipted by the prime contractor or hisagent. Notice by certified mail is effective on the date the notice is mailed.

 

(d) The notice shall be in writing and shall state that it is anotice of a right to protection under the bond or guarantee. The notice shallbe signed by the subcontractor or materialman and shall include the followinginformation:

 

(i) The subcontractor or materialman's name, address and phonenumber and the name of a contact person;

 

(ii) The name and address of the subcontractor's ormaterialman's vendor; and

 

(iii) The type or description of the materials or servicesprovided.

 

(e) This section shall only apply where the prime contractor'scontract is for fifty thousand dollars ($50,000.00) or more.

 

(f) The prime contractor shall post on the construction site aprominent sign citing this section and stating that any subcontractor ormaterialman shall give notice to the prime contractor of a right to protectionunder the bond or guarantee and that failure to provide the notice shall waivethe subcontractor or materialman's protection under the bond or guarantee andshall waive any right to a lien for materials or services provided.

 

(g) The owner or his agent shall provide written notice of theinformation required by this section in the project specifications.

 

ARTICLE 2 - PREFERENCE FOR STATE LABORERS

 

16-6-201. Short title.

 

Thisact may be cited as the "Wyoming Preference Act of 1971".

 

16-6-202. Definitions.

 

 

(a) As used in this act:

 

(i) "Laborer" means a person employed to performunskilled or skilled manual labor for wages in any capacity and does notinclude independent contractors;

 

(ii) "Resident" includes any person who is a citizenof the United States and has resided in the state of Wyoming for at least one(1) year immediately preceding his application for employment;

 

(iii) "Wages" means a payment of money for labor orservices according to a contract or any hourly, daily or piece-work basis;

 

(iv) "This act" means W.S. 16-6-201 through 16-6-206.

 

16-6-203. Required resident labor on public works projects; exception.

 

Everyperson who is charged with the duty of construction, reconstructing, improving,enlarging, altering or repairing any public works project or improvement forthe state or any political subdivision, municipal corporation, or othergovernmental unit, shall employ only Wyoming laborers on the project or improvement.Every contract let by any person shall contain a provision requiring thatWyoming labor be used except other laborers may be used when Wyoming laborersare not available for the employment from within the state or are not qualifiedto perform the work involved. A person required to employ Wyoming laborers mayemploy other than Wyoming laborers if that person informs the nearest stateemployment office of his employment needs and the state employment officecertifies that the person's need for laborers cannot be filled from thoselisted as of the date the information is filed.

 

16-6-204. Employees not covered by provisions.

 

Allother employees of the contractor or subcontractor, other than laborers asdefined by this act, are not covered by this act.

 

16-6-205. Enforcement.

 

Thisact shall not be enforced in a manner which conflicts with any federal statutesor rules and regulations.

 

16-6-206. Failure to employ state laborers; penalty.

 

Aperson who willfully or intentionally fails to use Wyoming laborers as requiredin this act is guilty of a misdemeanor punishable by a fine of not more thanfive hundred dollars ($500.00) or by imprisonment for not more than thirty (30)days. Each separate case of failure to employ Wyoming laborers on public worksprojects constitutes a separate offense.

 

ARTICLE 3 - PUBLIC PRINTING CONTRACTS

 

16-6-301. Preference for resident bidders; exception;"resident" defined; violation.

 

 

(a) Whenever a contract is let by the state or any departmentthereof, or any of its subdivisions, for public printing, including reports ofofficers and boards, pamphlets, blanks, letterheads, envelopes and printed andlithographed matter of every kind and description whatsoever, the contractshall be let to the responsible resident making the lowest bid if theresident's bid is not more than ten percent (10%) higher than that of thelowest responsible nonresident bidder. Any successful resident bidder shallperform at least seventy-five percent (75%) of the contract within the state ofWyoming. This section shall not apply to any contract for the compilation,codification, revision, or digest of the statutes or case law of the state.

 

(b) As used in this section, "resident" means anyperson, partnership, corporation or association who has been a bona fideresident of this state, for one (1) year or more immediately prior to biddingupon a contract, and who has an established printing plant in actual operationin the state of Wyoming immediately prior to bidding upon a contract.

 

(c) Any contract let or performed in violation of this sectionshall be null and void and no funds shall be paid for the performance thereof.

 

ARTICLE 4 - PUBLIC FACILITY LIFE-CYCLE COST ANALYSES

 

16-6-401. Definitions.

 

 

(a) As used in W.S. 16-6-401 through 16-6-403:

 

(i) "Economic life" means the projected oranticipated useful life of a major facility as expressed by a term of years;

 

(ii) "Energy-consumption analysis" means theevaluation of all energy systems and components by demand and type of energyincluding the internal energy load imposed on a major facility by itsoccupants, equipment and components, and the external energy load imposed on amajor facility by the climatic conditions of its location. Theenergy-consumption projections shall take into account daily and seasonalvariations in energy system output during normal operations;

 

(iii) "Energy systems" means all utilities, includingheating, air-conditioning, ventilating, lighting and the supplying of domestichot water;

 

(iv) "Initial cost" means the monies required for thecapital construction or renovation of a major facility;

 

(v) "Life-cycle cost analysis" means a study tocompute life-cycle costs, as required in this act;

 

(vi) "Life-cycle cost" means the cost of a major facilityincluding its initial cost, the cost of the energy consumed over its economiclife and the cost of its operation and maintenance;

 

(vii) "Major facility" means any publicly ownedbuilding having eighteen thousand (18,000) square feet or more of gross floorarea;

 

(viii) "Public agency" means every state office,officer, board, commission, committee, bureau, department and all politicalsubdivisions of the state; and

 

(ix) "Renovation" means revision to a major facilitywhich will affect more than fifty percent (50%) of the gross floor area in thebuilding.

 

16-6-402. Computation of life-cycle costs.

 

 

(a) Life-cycle costs shall be the sum of:

 

(i) Initial cost;

 

(ii) The reasonably expected fuel costs over the life of thebuilding based on the energy consumption analysis; and

 

(iii) The reasonable costs of maintenance and operation as theypertain to energy systems.

 

(b) Life-cycle costs shall be computed for two (2) or morealternatives for construction of the facility.

 

16-6-403. Life-cycle cost analyses.

 

Publicagencies shall, prior to the construction or renovation of any major facility,include in the design phase a provision requiring that life-cycle cost analysesbe prepared for two (2) or more alternatives for the construction of thefacility. These life-cycle cost analyses shall be available to the public. Thelife-cycle costs shall be a consideration in the selection of a building designby a public agency.

 

ARTICLE 5 - ACCESSIBILITY OF HANDICAPPED TO PUBLIC BUILDINGS

 

16-6-501. Building plans and specifications; required facilities;elevators; curb ramps; inspections; exceptions.

 

(a) The plans and specifications for the construction of oradditions to all buildings for general public use built by the state or anygovernmental subdivision, school district or other public administrative bodywithin the state, shall provide facilities and features conforming with thespecifications set forth in the publication entitled "American StandardSpecifications for Making Buildings and Facilities Accessible to and Usable bythe Physically Handicapped" (U.S. Patent No. A117.1-1961) as approvedOctober 31, 1961, by the American Standards Association, now called theAmerican National Standards Institute, Inc. Elevators shall be installed inmultiple-story buildings to serve all levels normally used by the generalpublic. Elevators shall have the following features:

 

(i) The bottom of the elevator control panels shall be nohigher than four (4) feet from the elevator floor and the top of elevatorcontrol panels shall be no higher than five (5) feet from the elevator floor;

 

(ii) Elevator call buttons shall be mounted no higher than four(4) feet above the floor;

 

(iii) Elevator control and building call buttons shall havetactile identification beside them;

 

(iv) Elevator floor levels shall stop within one-half (1/2) inchof the maximum building floor levels; and

 

(v) Elevator control panels shall be mounted on the right sideof the elevator as viewed from within the elevator.

 

(b) Every curb or sidewalk to be constructed or reconstructedin Wyoming, where both are provided and intended for public use, whetherconstructed with public or private funds, shall provide a ramp at points ofintersection between pedestrian and motorized lines of travel and no less thantwo (2) curb ramps per lineal block. Design for curb ramps shall take intoconsideration the needs of all physically handicapped persons including blindpedestrians. Existing design standards will be available from the governor'scommittee for employment of the handicapped. If future improvements in the curbramp design will benefit handicapped and elderly persons, designs stipulated inthis article may be altered after full hearings on the proposed changes by theadministrator of the division of vocational rehabilitation, the program managerof the governor's committee on employment of people with disabilities and thestate fire marshal.

 

(c) The state fire marshal or city engineer shall inspect anystructure described in subsection (a) of this section at the request of anyperson. Curb ramps shall be modified or reconstructed by the contractingauthority to meet the requirements of W.S. 16-6-501 through 16-6-504.

 

(d) Exceptions may be granted by the state fire marshal in consultationwith the administrator of the division of vocational rehabilitation, theprogram manager of the governor's committee on employment of people withdisabilities, and the occupational health and safety commission chairman.

 

16-6-502. Building plans and specifications; state fire marshal;review and approval.

 

Allplans and specifications for the construction of or additions to buildings forgeneral public use, built by the state or any governmental subdivision, schooldistrict or other public administrative body within this state, shall besubmitted for review and approval by the state fire marshal, who shall approveif he finds the plans provide facilities which conform to the specificationsset forth in "American Standard Specifications for Making Buildings andFacilities Accessible to and Usable by the Physically Handicapped" (U.S.Patent No. A117.1-1961) as approved October 31, 1961, by the American StandardsAssociation, now called the American National Standards Institute, Inc., and W.S.16-6-501, subject however to the waiver specified above.

 

16-6-503. Building plans and specifications; state fire marshal;ruling and determination; filing of written objection.

 

Thestate fire marshal shall within five (5) days mail a copy of his ruling anddetermination to the contracting authority and to any other interested oraffected person, as defined under the Wyoming Administrative Procedure Act, whohas made timely request of the state fire marshal for receipt of copies of allrulings and determinations. All mailings by the state fire marshal made underthis section shall be made by certified mail. Any time within ten (10) daysafter receipt of the ruling or determination made by the state fire marshal thecontracting authority or any other interested or affected person may object tothe determination, or any part thereof as the contracting authority or anyother interested or affected person deems objectionable by filing a writtennotice with the state fire marshal, stating the specific grounds of theobjection. The written objection shall be filed in the records of the statefire marshal and shall be available for inspection by any person who may beaffected.

 

16-6-504. Building plans and specifications; hearing on objection;final administrative determination; judicial review.

 

 

(a) Within five (5) days of the receipt of the objection, thestate fire marshal shall notify the department of fire prevention andelectrical safety of the objection. That department shall set a date for ahearing on the objection to be held not less than ten (10) days nor more thanthirty (30) days following receipt of the objection notice from the state firemarshal. Written notice of the time and place of the hearing shall be given bythe department to the contracting authority and any other interested andaffected persons at least ten (10) days prior to the date set for the hearing.

 

(b) The procedure before the department of fire prevention andelectrical safety for hearing of objections shall be as provided in the WyomingAdministrative Procedure Act.

 

(c) Within ten (10) days of the conclusion of the hearing, thedepartment shall rule on the written objections and make the finaldetermination it determines that the evidence warrants. Immediately upon itsfinal determination, the department shall serve a certified copy thereof on thecontracting authority and all other interested and affected persons who mayhave appeared at the hearing, by personal service or by registered or certifiedmail.

 

(d) The final decision of the department of fire prevention andelectrical safety is subject to review in accordance with the WyomingAdministrative Procedure Act. All proceedings in any district court affecting adetermination of the department of fire prevention and electrical safety shallhave priority in hearing and determination over all other civil proceedingspending in the court, except election contests.

 

ARTICLE 6 - PAYMENT OF AGENCY ACCOUNTS

 

16-6-601. Definitions.

 

 

(a) As used in this article:

 

(i) "Agency" means any department, agency or otherinstrumentality of the state or of a political subdivision of the state;

 

(ii) "Goods" means all personal property purchased,procured or contracted for by an agency, including leases of real property orother arrangements for the use of space;

 

(iii) "Services" means all services purchased, procuredor contracted for by an agency, including construction services.

 

16-6-602. Payment of agency accounts; interest.

 

Exceptas provided by contract, any agency which purchases or procures goods andservices from a nongovernmental entity shall pay the amount due withinforty-five (45) days after receipt of a correct notice of amount due for thegoods or services provided or shall pay interest from the forty-fifth day at therate of one and one-half percent (1 1/2%) per month on the unpaid balance untilthe account is paid in full, unless a good faith dispute exists as to theagency's obligation to pay all or a portion of the account.

 

ARTICLE 7 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES

 

16-6-701. Definitions.

 

(a) As used in this act:

 

(i) "Acceptable depository" means a state or nationalbank or a savings and loan association or credit union in which deposits areinsured;

 

(ii) "Contractor" means any person who is a party toa contract with a public entity to construct, erect, alter, install or repairany highway, public building, public work or public improvement, structure orsystem;

 

(iii) "Public entity" means this state or a county,city, town or any political subdivision thereof;

 

(iv) "Substantial completion" means the date when theconstruction is sufficiently complete, in accordance with the contractdocuments, as modified by any change orders agreed to by the parties, so thatthe work or designated portion thereof is available for use by the owner;

 

(v) "Alternate design and construction deliverymethod" means the delivery method described by any qualifications basedprocurement of design and construction services, including all procedures,actions, events, contractual relationships, obligations and forms of agreementfor the successful completion of the design and construction, alteration orrepair of any public building, work, improvement, facility, structure or systemother than by design, bid and build. Alternate design and construction deliverymethods available to a public entity include construction manager agent,construction manager at risk or design-builder;

 

(vi) "Construction manager agent" means a type ofconstruction management delivery where the professional service is procuredunder existing statutes for professional services. The construction manageragent is a construction consultant providing administrative and managementservices to the public entity throughout the design and construction phases ofa project. Under this delivery method, the construction manager agent is notthe contracting agent and is not responsible for purchase orders;

 

(vii) "Construction manager at-risk" means a type ofconstruction management delivery in which the construction manager at-risk isan advocate for the public entity as determined by the contracts throughout thepreconstruction phase of a project. In the construction phase of a project,the construction manager at-risk is responsible for all project subcontractsand purchase orders and may conduct all or a portion of the constructionproject work. Under this delivery method, the construction manager at-risk isresponsible for providing a guaranteed maximum price for the project to thepublic entity prior to commencing the construction project and the constructionmanager at-risk shall be required to bond any project with a guaranteed maximumprice in excess of one hundred thousand dollars ($100,000.00) in accordancewith W.S. 16-6-112;

 

(viii) "This act" means W.S. 16-6-701 through 16-6-708;

 

(ix) "Design-build" means a type of constructiondelivery method in which there is a single contract between the public entityand a design-builder who furnishes architectural, engineering and other relateddesign services as required for the public project, as well as labor, materialsand other construction services necessary to construct the project. Adesign-builder may be selected by the public entity based on evaluation ofresponses to a request for qualifications, fixed scope request for proposal orfixed price request for proposal. The following shall apply:

 

(A) A design-builder may be selected based solely on a responseto a request for qualification for projects with an estimated construction costof five hundred thousand dollars ($500,000.00) or less provided there are notless than two (2) respondents;

 

(B) Responses to a fixed scope request for proposal or a fixedprice request for proposal shall be used as the bases for selection for aproject with an estimated construction cost of more than five hundred thousanddollars ($500,000.00);

 

(C) Interested parties shall first respond to a request forqualification. Based on responses to the request for qualification a minimumof two (2) and maximum of five (5) respondents may be selected to respond to afixed scope request for proposal or a fixed price request for proposal;

 

(D) The respondent chosen by evaluation to provide the bestoverall value for the project shall be selected in response to a fixed scoperequest for proposal or a fixed price request for proposal. The best overallvalue shall be determined based on criteria set forth by the public entityletting the project and may include, but is not limited to, qualifications,price, quality of materials and products, past experience and schedule;

 

(E) All unsuccessful respondents to a response for a fixedscope request for proposal or fixed price request for proposal may becompensated at the discretion of the public entity based upon a percentage ofthe price of the project as proposed by the successful respondent in therespondent's original proposal. Any compensation provided pursuant to thissubparagraph shall be clearly specified in the request for proposal.

 

(x) "Design-builder" means an entity that providesdesign-build services as described under paragraph (ix) of this subsectionwhether by itself or through subcontractual arrangements with other entities;

 

(xi) "Fixed price request for proposal" means arequest for an oral and written presentation of all qualifications deemedpertinent to the project by the public entity in addition to a schematic designand detailed description of all materials and products proposed to accommodatea preliminary project program prepared by the public entity and provided in thefixed price request for proposal. The successful respondent shall constructthe project described in their design and material and product description fora fixed price prepared by the public entity and provided in the fixed pricerequest for proposal. The final guaranteed maximum price and scope for theproject may be altered from the request for proposal and negotiated with thesuccessful respondent at the discretion of the public entity;

 

(xii) "Fixed scope request for proposal" means arequest for an oral and written presentation of all qualifications deemedpertinent to the project by the public entity in addition to a guaranteedmaximum price for a preliminary design prepared by the design builderincorporating all elements of a fixed scope for the project prepared by thepublic entity and provided in the fixed scope request for proposal. The finalguaranteed maximum price and scope for the project may be altered from therequest for proposal and negotiated with the successful respondent at thediscretion of the public entity;

 

(xiii) "Request for qualification" means a request foran oral or written presentation of all qualifications deemed pertinent to theproject by the public entity. The request for qualification shall include notless than all the provisions contained in W.S. 16-6-707(b).

 

16-6-702. Public entity; contracts; partial payments; alternatedelivery methods authorized.

 

(a) Notwithstanding W.S. 15-1-113(e), a public entity awardinga contract for the construction, alteration or repair of any highway, publicbuilding, public work or public improvement, structure or system shallauthorize partial payments of the amount due under the contract as stipulatedin the contract document or as soon thereafter as practicable, to thecontractor if the contractor is satisfactorily performing the contract. Nomore than ten percent (10%) of the calculated value of any work completed shallbe withheld until fifty percent (50%) of the work required by the contract hasbeen performed. Thereafter, the public entity may pay any of the remaininginstallments without retaining additional funds if, in the opinion of thepublic entity, satisfactory progress is being made in the work but under nocondition shall more than ten percent (10%) be withheld on the remaining fiftypercent (50%) of the work required. The withheld percentage of the contractprice of the work, improvement or construction shall be retained in an accountin the name of the contractor which has been assigned to the public entityuntil the contract is completed satisfactorily and finally accepted by thepublic entity. If the public entity finds that satisfactory progress is beingmade in all phases of the contract, it may, upon written request by thecontractor, authorize payment from the withheld percentage. Before the paymentis made, the public entity shall determine that satisfactory and substantialreasons exist for the payment and shall require written approval from anysurety furnishing bonds for the contract work.

 

(b) Alternate design and construction delivery methods may beused by a public entity to design, construct, alter, repair or maintain publicworks projects.

 

16-6-703. Contract; completion by public entity; partial payments.

 

Ifit becomes necessary for a public entity to take over the completion of anycontract, all of the amounts owing the contractor, including the withheldpercentage, shall first be applied toward the cost of completion of thecontract. Any balance remaining in the retained percentage after completion bythe public entity shall be payable to the contractor or the contractor'screditors. The retained percentage which may be due any contractor shall bedue and payable as prescribed by W.S. 16-6-116.

 

16-6-704. Interest bearing deposit agreement; requirement to enterinto.

 

Apublic entity shall enter into an interest bearing deposit agreement with anydepository designated by the contractor, after notice to the surety, toprovide an agent for the custodial care and servicing of any deposits placedwith him pursuant to this act on any contract of more than twenty-five thousanddollars ($25,000.00). The services shall include the safekeeping of theobligations and the rendering of all services required to effectuate the purposesof this act.

 

16-6-705. Custodian for obligations; collection of interest income -payable to contractor.

 

Thepublic entity or any depository designated by the contractor to serve ascustodian for the obligations pursuant to W.S. 16-6-704 shall collect allinterest and income when due on obligations so deposited and shall pay them,when and as collected, to the contractor or as otherwise instructed by thecontractor. Any expense incurred for this service shall not be charged to thepublic entity.

 

16-6-706. Applicability of provisions.

 

Thisact does not apply in the case of a contract made or awarded by any publicentity if a part of the contract price is to be paid with funds from thefederal government or from some other source and if the federal government orthe other source has requirements concerning retention or payment of fundswhich are applicable to the contract and which are inconsistent with this act.

 

16-6-707. Construction management alternate delivery method.

 

(a) Excluding contracts for professional services, constructionmanagement and design-build delivery negotiations by public entities andconstruction managers shall be in accordance with residency and preferencerequirements imposed under W.S. 16-6-101 through 16-6-107.

 

(b) Formal requests for proposal for preconstruction orconstruction services by a construction manager or a design-builder submittedby a public entity shall require at least the following information:

 

(i) The location of the primary place of business;

 

(ii) The name and identification of individuals to be assignedto the project;

 

(iii) Experience with similar projects;

 

(iv) Qualifications;

 

(v) Ability to protect the interests of the public entityduring the project;

 

(vi) Ability to meet project budget and time schedulerequirements;

 

(vii) Excluding contracts for professional services, compliancewith W.S. 16-6-101 through 16-6-107; and

 

(viii) For design-build alternative construction delivery methods,the names of the prime consultants used for architectural and engineeringdesign services.

 

(c) Negotiations between a public entity and a constructionmanager at-risk shall require that the construction manager at-risk comply withthe residency and preference requirements imposed under W.S. 16-6-101 through16-6-107 in the procurement of subcontractors and materials.

 

16-6-708. Responsibilities under alternative delivery contracts.

 

(a) Any construction manager agent, construction manager atrisk or design-builder contract awarded shall comply with any reporting andadministrative requirements as required by the public entity of the recipientof a design, bid and build contract, including retainage, payment andperformance bonding and default of contract.

 

(b) All bids let under this section including subcontractorbids, shall be opened in public following reasonable public notice.

 

ARTICLE 8 - WORKS OF ART IN PUBLIC BUILDINGS

 

16-6-801. Definitions.

 

(a) As used in this article:

 

(i) "Agency" means any state office, department,board, commission or institution and any community college district to whichfunds have been appropriated, bonded or otherwise provided by the state for thedesign and original construction of any new building;

 

(ii) "Architect" means any person licensed to practicearchitecture pursuant to W.S. 33-4-101 through 33-4-117 and designated as theproject architect for a specific capital construction project;

 

(iii) "Artist" means any practitioner generallyrecognized by peers or critics as a professional who produces works of art;

 

(iv) "Building" means any permanent structure and anyappurtenant structure intended to function as an office, courtroom, hearing ormeeting room or other space for carrying on the operation of any agency and anyauditorium, meeting room, classroom or other educational facility, library ormuseum space, or information center for use by the public, excluding utilitylines, water projects, fish ponds, school buildings, city buildings, countybuildings, public restrooms at state parks, separate structures which are notpart of a larger construction project intended solely as storage, warehouse ormaintenance and repair facilities;

 

(v) "Construction cost" means the cost for the actualdesign and original construction of any new building which is funded in totalor in part by appropriated state funds, excluding land acquisition. The phrasedoes not include the cost for any building funded in part by city or countyfunds;

 

(vi) "Department" means the department of state parksand cultural resources acting through the Wyoming arts council establishedunder W.S. 9-2-901;

 

(vii) "User" means that agency with principaladministrative responsibility for the actual use of any building;

 

(viii) "Works of art" means any frescoe, mosaic,sculpture, drawing, painting, photograph, calligraphy, graphic art, stainedglass, wall hanging, tapestry, fountain, ornamental gateway, monument, display,architectural embellishment, craft, architectural landscape or any work ofmixed media by an artist.

 

16-6-802. Construction of new public buildings; state funds.

 

(a) The original construction of any new buildin


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title16 > Chapter6

CHAPTER 6 - PUBLIC PROPERTY

 

ARTICLE 1 - PUBLIC WORKS AND CONTRACTS

 

16-6-101. Definitions.

 

(a) As used in this act:

 

(i) "Resident" means a person, partnership, limitedpartnership, registered limited partnership, registered limited liabilitycompany or corporation certified as a resident by the department of employmentprior to bidding upon the contract or responding to a request for proposal,subject to the following criteria:

 

(A) Any person who has been a resident of the state for one (1)year or more immediately prior to bidding upon the contract or responding to arequest for proposal; or

 

(B) A partnership, association, limited partnership, registeredlimited partnership, registered limited liability company or corporation, eachmember or shareholder of which has been a resident of the state for one (1)year or more immediately prior to bidding upon the contract or responding to arequest for proposal;

 

(C) A corporation organized under the laws of the state with atleast fifty percent (50%) of the issued and outstanding shares of stock in thecorporation owned by persons who have been residents of the state for one (1)year or more prior to bidding upon the contract or responding to a request forproposal, and which maintains its principal office and place of business withinthe state, and the president of the corporation has been a resident of thestate for one (1) year or more immediately prior to bidding upon the contractor responding to a request for proposal;

 

(D) A corporation organized under the laws of the state whichhas been in existence in the state for one (1) year or more and whose presidenthas been a resident of the state for one (1) year or more immediately prior tobidding upon the contract or responding to a request for proposal and maintainsits principal office and place of business within the state. If at least fiftypercent (50%) of the issued and outstanding shares of stock in the corporationare owned by nonresidents, shares of the corporation shall:

 

(I) Have been acquired by nonresidents one (1) year or moreimmediately prior to bidding upon the contract or responding to a request forproposal; or

 

(II) Be publicly traded and registered under Section 13 or 15(d)of the Securities Exchange Act of 1934 for one (1) or more classes of itsshares.

 

(E) A limited partnership organized under the laws of the stateand which maintains its principal office and place of business in the state andthe general partners of which have been residents of the state for at least one(1) year or more immediately prior to bidding upon the contract or respondingto a request for proposal;

 

(F) A registered limited liability partnership organized underthe laws of the state and which maintains its principal office and place ofbusiness in the state and each member of which has been a resident of the statefor one (1) year or more immediately prior to bidding upon the contract orresponding to a request for proposal;

 

(G) A limited liability company organized under the laws of thestate and which maintains its principal office and place of business in thestate and the managing members or the appointed managers of which have beenresidents of the state for one (1) year or more immediately prior to biddingupon the contract or responding to a request for proposal; or

 

(H) A person, partnership, limited partnership, registeredlimited partnership, registered limited liability company or corporation whichhas satisfied the following requirements for the period one (1) year or moreimmediately prior to bidding upon the contract or responding to a request forproposal:

 

(I) Has continuously maintained an office or place of businesswithin the state; and

 

(II) Has continuously employed not less than fifteen (15)full-time employees within the state.

 

(ii) "Office and place of business" means aheadquarters or administrative center where business activities are conductedor controlled;

 

(iii) "This act" means W.S. 16-6-101 through 16-6-121.

 

16-6-102. Resident contractors; preference limitation with referenceto lowest bid or qualified response; decertification; denial of application forresidency.

 

(a) If a contract is let by the state, any department thereof,or any county, city, town, school district, community college district or otherpublic corporation of the state for the erection, construction, alteration orrepair of any public building, or other public structure, or for making anyaddition thereto, or for any public work or improvements, the contract shall belet, if advertisement for bids or request for proposal is not required, to aresident of the state. If advertisement for bids is required, the contractshall be let to the responsible certified resident making the lowest bid if thecertified resident's bid is not more than five percent (5%) higher than that ofthe lowest responsible nonresident bidder.

 

(b) If any person who is certified as a resident contractor forany reason loses that certification, that person may not be recertified as aresident for a period of one (1) year from the date of decertification.

 

(c) If any person who applies for certification as a residentcontractor is denied certification because of not meeting the residencyrequirements, that person may not reapply for certification for a period of onehundred eighty (180) days from the date certification is denied. No personshall be denied certification because of inadvertent omission of information,as determined by the department of employment, on an application for residentcertification.

 

(d) Repealed By Laws 1999, Ch. 152, 2; 2007, Ch. 163, 2.

 

(e) The department may make investigations as necessary todetermine whether any person is eligible to receive or continue to hold acertificate of residency. The department may require or permit any person tofile a statement in writing, under oath or otherwise as to all the facts andcircumstances concerning the matter to be investigated. For the purpose of anyinvestigation under this section, the director of the department or any persondesignated by him may administer oaths and affirmations, subpoena witnesses,and compel their attendance, take evidence and require the production of anybooks, papers, correspondence, memoranda, agreements or other documents orrecords, which the director or designated person deems relevant or material tothe inquiry. In case of refusal to obey a subpoena issued to any person, anyWyoming district court, upon application by the director, may issue to theperson an order requiring him to appear before the director or the officerdesignated by him, to produce documentary evidence if so ordered, or to giveevidence touching the matter under investigation or in question. Failure toobey the order of the court may be punished by the court as contempt of court.

 

(f) If, after investigation, the department believes that acertificate of residency should be denied or revoked, it shall provide noticeto the applicant or certificate holder of its intent to deny or revoke thecertificate and of the applicant or certificate holder's opportunity for ahearing if requested. Any hearing conducted under this subsection shall beconducted in accordance with the Wyoming Administrative Procedure Act.

 

16-6-103. Limitation on subcontracting by resident contractors.

 

Asuccessful resident bidder shall not subcontract more than thirty percent (30%)of the work covered by his contract to nonresident contractors.

 

16-6-104. Preference for Wyoming labor and materials required incontracts.

 

ResidentWyoming laborers, workmen and mechanics shall be used upon all work enumeratedin W.S. 16-6-102 whenever possible and any contract let shall so provide.Wyoming materials and products of equal quality and desirability shall havepreference over materials or products produced outside the state and anycontract let shall so provide.

 

16-6-105. Preference for Wyoming materials and Wyoming agriculturalproducts required in public purchases; exception; cost differential;definition.

 

(a) Every board, commission or other governing body of anystate institution, and every person acting as purchasing agent for the board,commission or other governing body of any state institution or department, andevery county, municipality, school district and community college district,shall prefer in all purchases for supplies, material, agricultural products,equipment, machinery and provisions to be used in the maintenance and upkeep oftheir respective institutions, supplies, materials, agricultural products,equipment, machinery and provisions produced, manufactured or grown in thisstate, and supplies, materials, agricultural products, equipment, machinery andprovisions supplied by a resident of the state, competent and capable toprovide service for the supplies, materials, agricultural products, equipment,machinery and provisions within the state of Wyoming. Preference shall not begranted for articles of inferior quality to those offered by competitorsoutside of the state, but a differential of not to exceed five percent (5%) maybe allowed in cost of contracts less than five million dollars ($5,000,000.00)for the Wyoming materials, supplies, agricultural products, equipment,machinery and provisions of quality equal to those of any other state orcountry.

 

(b) As used in this section, "agricultural products"means any horticultural, viticultural, vegetable product, livestock, livestockproduct, bees or honey, poultry or poultry product, sheep or wool product,timber or timber product.

 

16-6-106. Statement of Wyoming materials preference in requests forbids and proposals.

 

Allrequests for bids and proposals for materials, supplies, agricultural products,equipment, machinery and provisions for the construction, maintenance andupkeep of every state, county, municipal, community college district or schooldistrict institution shall contain the words "preference is hereby givento materials, supplies, agricultural products, equipment, machinery andprovisions produced, manufactured or grown in Wyoming, or supplied by aresident of the state, quality being equal to articles offered by thecompetitors outside of the state".

 

16-6-107. Wyoming materials preference required in construction ormaintenance of public structures; exception; cost differential.

 

Allpublic buildings, courthouses, public school buildings, public monuments andother public structures constructed in this state shall be constructed andmaintained by materials produced or manufactured in Wyoming if Wyomingmaterials are suitable and can be furnished in marketable quantities.Preference shall not be granted for materials of an inferior quality to thoseoffered by competitors outside of the state, but a differential of not toexceed five percent (5%) may be allowed in cost of contracts less than fivemillion dollars ($5,000,000.00) for the Wyoming materials of equal quality asagainst materials from states having or enforcing a preference rule against"out-of-state" products.

 

16-6-108. Governing of federal funds by federal law.

 

Theoperation of this act upon the letting of any public works contract abovementioned, in connection with which, funds are granted or advanced by theUnited States of America, shall be subject to the effect, if any, of relatedlaws of the United States and valid rules and regulations of federal agenciesin charge, governing use and payment of the federal funds.

 

16-6-109. Use of insurance for rebuilding fire-destroyed statestructures.

 

Whenbuildings belonging to the state are destroyed by fire, the insurance on thebuildings shall be collected by the state treasurer. The governing board of thestate institution suffering the loss by fire may draw on the state treasurerfor the amount of money collected and use the insurance money for therebuilding of the structure destroyed by fire if, in the opinion of thegoverning board, the structure should be rebuilt.

 

16-6-110. Limitation on work hours; overtime; exceptions.

 

 

(a) No person shall require laborers, workmen or mechanics towork more than eight (8) hours in any one (1) calendar day or forty (40) hoursin any one (1) week upon any public works of the state or any of its politicalsubdivisions except as hereafter authorized. An employee may agree to workmore than eight (8) hours per day or more than forty (40) hours in any week,provided the employee shall be paid at the rate of one and one-half (1 1/2)times the regularly established hourly rate for all work in excess of forty(40) hours in any one (1) week. This section does not apply:

 

(i) In case of emergency caused by fire, flood or danger tolife or property; or

 

(ii) To work upon public or military works or defenses in timeof war.

 

16-6-111. Penalty for violating work hours provisions.

 

Anyperson who violates this act is guilty of a misdemeanor punishable by a fine ofnot more than five hundred dollars ($500.00), imprisonment in the county jailfor not more than six (6) months, or both.

 

16-6-112. Contractor's bond or other guarantee; when required;conditions; amount; approval; filing; enforcement upon default.

 

 

(a) Except as provided under W.S. 9-2-1016(b)(xviii), anycontract entered into with the state, any county, city, town, school districtor other political subdivision of the state for the erection, construction,alteration, repair or addition to any public building or other public structureor for any public work or improvement and the contract price exceeds seventhousand five hundred dollars ($7,500.00), shall require any contractor beforebeginning work under the contract to furnish the state or any political subdivision,as appropriate, a bond or if the contract price is one hundred thousand dollars($100,000.00) or less, any other form of guarantee approved by the state or thepolitical subdivision. The bond or other form of guarantee shall be:

 

(i) Conditioned for the payment of all taxes, excises,licenses, assessments, contributions, penalties and interest lawfully due thestate or any political subdivision;

 

(ii) For the use and benefit of any person performing any workor labor or furnishing any material or goods of any kind which were used in theexecution of the contract, conditioned for the performance and completion ofthe contract according to its terms, compliance with all the requirements oflaw and payment as due of all just claims for work or labor performed, materialfurnished and taxes, excises, licenses, assessments, contributions, penaltiesand interest accrued in the execution of the contract;

 

(iii) In an amount not less than fifty percent (50%) of thecontract price unless the price exceeds one hundred thousand dollars($100,000.00), in which case the appropriate officer, agent or the governingbody may fix a sufficient amount;

 

(iv) Approved by and filed with the appropriate officer, agentor other designee of the state or governing body of the political subdivision.

 

(b) A bond or other guarantee satisfactory to the state orpolitical subdivision, as the case may be, shall include the obligationsspecified under subsection (a) of this section even though not expresslywritten into the guarantee.

 

(c) In default of the prompt payment of all obligations underthe guarantee, a direct proceeding may be brought in any court of competentjurisdiction by the authorized officer or agency to enforce payment. The rightto proceed in this matter is cumulative and in addition to other remediesprovided by law.

 

16-6-113. Contractor's bond or other guarantee; right of action;notice to obligee; intervention by interested parties; pro rata distribution.

 

Anyperson entitled to the protection of a bond or other form of guarantee approvedby the state or any political subdivision under W.S. 16-6-112, may maintain anaction for the amount due him. He shall notify the obligee named in the bond orother guarantee of the beginning of the action, giving the names of theparties, describing the guarantee and stating the amount and nature of hisclaim. No judgment shall be entered in the action within thirty (30) days afterthe giving of the notice. The obligee or any person having a cause of actionmay on his motion, be admitted as a party to the action. The court shalldetermine the rights of all parties to the action. If the amount realized onthe bond or other guarantee is insufficient to discharge all claims in full,the amount shall be distributed among the parties pro rata.

 

16-6-114. Contractor's bond or other guarantee; requiring new oradditional bond or other guarantee; failure to furnish.

 

Ifin its judgment any of the sureties on a bond or other form of guaranteeapproved by the state or any political subdivision under W.S. 16-6-112 areinsolvent or for any cause are no longer proper or sufficient sureties, theobligee may within ten (10) days require the contractor to furnish a new oradditional bond or other approved guarantee. If ordered by the obligee, allwork on the contract shall cease until a new or additional bond or otherguarantee is furnished. If the guarantee is not furnished within ten (10) days,the obligee may at its option determine [terminate] the contract and completethe contract as the agent and at the expense of the contractor and hissureties.

 

16-6-115. Contractor's bond or other guarantee; limitation of actions.

 

Noaction shall be maintained on any bond or other form of guarantee satisfactoryto the state or any political subdivision under W.S. 16-6-112 unless commencedwithin one (1) year after the date of first publication of notice of finalpayment of the contract.

 

16-6-116. Final settlement with and payment to contractor; requirednotices.

 

Whenany public work is let by contract the commission, board or person under whosedirection or supervision the work is being carried on and conducted and uponwhose approval intermediate and final estimates are paid for the constructionof the work, forty (40) days before the final estimate is paid, shall cause tobe published in a newspaper of general circulation, published nearest the pointat which the work is being carried on, once a week for three (3) consecutiveweeks, and also to post in three (3) conspicuous places on the work, a noticesetting forth in substance, that the commission, board or person has acceptedthe work as completed according to the plans and specifications and rules setforth in the contract between the commission, board or person and the contractor,and that the contractor is entitled to final settlement therefor. The noticeshall also set forth that upon the 41st day (and the notice shall specify theexact date) after the first publication of the notice the commission, board orperson under whose direction or supervision the work has been carried on willpay to the contractor the full amount due under the contract. This section doesnot relieve the contractor and the sureties on his bond from any claims forwork or labor done or materials or supplies furnished in the execution of thecontract.

 

16-6-117. Final settlement with and payment to contractor;prerequisite filing of contractor's statement of payment; disputed claims.

 

Inall formal contracts entered into by any person with the state, or anydepartment or commission thereof, or with any county, city, town, schooldistrict, high school district, or other public corporation of this state, forthe construction of any public building, or the prosecution and completion ofany public work, or for repairs upon any public building or public work, nofinal payment shall be made until the person files with the officer, departmentor commission of the state, or with the clerk of the county, city, town orschool district, or with a similar officer of any other public corporation bywhich the contract has been made, a sworn statement setting forth that allclaims for material and labor performed under the contract have been and arepaid for the entire period of time for which the final payment is to be made.If any claim for material and labor is disputed the sworn statement shall sostate, and the amount claimed to be due the laborer shall be deducted from thefinal payment and retained by the state, county, city, town or school districtauthority or public corporation until the determination of the dispute, eitherby judicial action or consent of the parties, and then paid by the agent oragency to the persons found entitled thereto.

 

16-6-118. Unlawful interest of officeholders in public contracts orworks; exception.

 

 

(a) It is unlawful for any person, now or hereafter holding anyoffice, either by election or appointment, under the constitution or laws ofthis state, to become in any manner interested, either directly or indirectly,in his own name or in the name of any other person or corporation, in anycontract, or the performance of any work in the making or letting of which theofficer may be called upon to act or vote. It is unlawful for any officer torepresent, either as agent or otherwise, any person, company or corporation, inrespect of any application or bid for any contract or work in regard to whichthe officer may be called upon to vote or to take or receive, or offer to takeor receive, either directly or indirectly, any money or other thing of value,as a gift or bribe, or means of influencing his vote or action in his officialcharacter. Any contracts made and procured in violation of this subsection arenull and void and the person violating this subsection may be removed fromoffice.

 

(b) Notwithstanding subsection (a) of this section, if anyperson is interested in any public contract or shall represent any person,company or corporation, but shall disclose the nature and extent thereof to allthe contracting parties concerned therewith and shall absent himself during theconsiderations and vote thereon and not attempt to influence any of thecontracting parties and not act directly or indirectly for the governing bodyin inspection, operation, administration or performance of any contract, thenthe acts are not unlawful under this section. This section does not apply as tothe operation, administration, inspection or performance of banking and depositcontracts and relationships after the selection of a depository.

 

16-6-119. State construction; right to reject bids or responses;qualifications of bidders and respondents.

 

Every state agency, board, commission,department or institution shall be authorized to determine the qualificationsand responsibilities of bidders or respondents on contracts for theconstruction of a public project, facility or structure using standard formsand procedures adopted by the department of administration and information, andmay recommend that the department of administration and information reject anyor all bids or responses based on the qualifications and responsibilities ofbidders and respondents and readvertise for bids or responses.

 

16-6-120. Department to enforce.

 

Thedepartment of employment is authorized and directed to enforce W.S. 16-6-101through 16-6-206.

 

16-6-121. Notice required to receive protection under a bond orguarantee; limitation; notice required by owner in project specifications.

 

 

(a) Any subcontractor or materialman entitled to the protectionof a bond or other form of guarantee approved by the state or any politicalsubdivision under W.S. 16-6-112 shall give notice of his right to thatprotection to the prime contractor. Failure to give notice to a primecontractor who has complied with subsections (f) and (g) of this section waivesthe subcontractor or materialman's protection under the bond or guarantee andwaives any right to a lien for materials or services provided.

 

(b) The notice shall be given no later than sixty (60) daysafter the date on which services or materials are first furnished.

 

(c) The notice shall be sent to the prime contractor bycertified mail or delivered to and receipted by the prime contractor or hisagent. Notice by certified mail is effective on the date the notice is mailed.

 

(d) The notice shall be in writing and shall state that it is anotice of a right to protection under the bond or guarantee. The notice shallbe signed by the subcontractor or materialman and shall include the followinginformation:

 

(i) The subcontractor or materialman's name, address and phonenumber and the name of a contact person;

 

(ii) The name and address of the subcontractor's ormaterialman's vendor; and

 

(iii) The type or description of the materials or servicesprovided.

 

(e) This section shall only apply where the prime contractor'scontract is for fifty thousand dollars ($50,000.00) or more.

 

(f) The prime contractor shall post on the construction site aprominent sign citing this section and stating that any subcontractor ormaterialman shall give notice to the prime contractor of a right to protectionunder the bond or guarantee and that failure to provide the notice shall waivethe subcontractor or materialman's protection under the bond or guarantee andshall waive any right to a lien for materials or services provided.

 

(g) The owner or his agent shall provide written notice of theinformation required by this section in the project specifications.

 

ARTICLE 2 - PREFERENCE FOR STATE LABORERS

 

16-6-201. Short title.

 

Thisact may be cited as the "Wyoming Preference Act of 1971".

 

16-6-202. Definitions.

 

 

(a) As used in this act:

 

(i) "Laborer" means a person employed to performunskilled or skilled manual labor for wages in any capacity and does notinclude independent contractors;

 

(ii) "Resident" includes any person who is a citizenof the United States and has resided in the state of Wyoming for at least one(1) year immediately preceding his application for employment;

 

(iii) "Wages" means a payment of money for labor orservices according to a contract or any hourly, daily or piece-work basis;

 

(iv) "This act" means W.S. 16-6-201 through 16-6-206.

 

16-6-203. Required resident labor on public works projects; exception.

 

Everyperson who is charged with the duty of construction, reconstructing, improving,enlarging, altering or repairing any public works project or improvement forthe state or any political subdivision, municipal corporation, or othergovernmental unit, shall employ only Wyoming laborers on the project or improvement.Every contract let by any person shall contain a provision requiring thatWyoming labor be used except other laborers may be used when Wyoming laborersare not available for the employment from within the state or are not qualifiedto perform the work involved. A person required to employ Wyoming laborers mayemploy other than Wyoming laborers if that person informs the nearest stateemployment office of his employment needs and the state employment officecertifies that the person's need for laborers cannot be filled from thoselisted as of the date the information is filed.

 

16-6-204. Employees not covered by provisions.

 

Allother employees of the contractor or subcontractor, other than laborers asdefined by this act, are not covered by this act.

 

16-6-205. Enforcement.

 

Thisact shall not be enforced in a manner which conflicts with any federal statutesor rules and regulations.

 

16-6-206. Failure to employ state laborers; penalty.

 

Aperson who willfully or intentionally fails to use Wyoming laborers as requiredin this act is guilty of a misdemeanor punishable by a fine of not more thanfive hundred dollars ($500.00) or by imprisonment for not more than thirty (30)days. Each separate case of failure to employ Wyoming laborers on public worksprojects constitutes a separate offense.

 

ARTICLE 3 - PUBLIC PRINTING CONTRACTS

 

16-6-301. Preference for resident bidders; exception;"resident" defined; violation.

 

 

(a) Whenever a contract is let by the state or any departmentthereof, or any of its subdivisions, for public printing, including reports ofofficers and boards, pamphlets, blanks, letterheads, envelopes and printed andlithographed matter of every kind and description whatsoever, the contractshall be let to the responsible resident making the lowest bid if theresident's bid is not more than ten percent (10%) higher than that of thelowest responsible nonresident bidder. Any successful resident bidder shallperform at least seventy-five percent (75%) of the contract within the state ofWyoming. This section shall not apply to any contract for the compilation,codification, revision, or digest of the statutes or case law of the state.

 

(b) As used in this section, "resident" means anyperson, partnership, corporation or association who has been a bona fideresident of this state, for one (1) year or more immediately prior to biddingupon a contract, and who has an established printing plant in actual operationin the state of Wyoming immediately prior to bidding upon a contract.

 

(c) Any contract let or performed in violation of this sectionshall be null and void and no funds shall be paid for the performance thereof.

 

ARTICLE 4 - PUBLIC FACILITY LIFE-CYCLE COST ANALYSES

 

16-6-401. Definitions.

 

 

(a) As used in W.S. 16-6-401 through 16-6-403:

 

(i) "Economic life" means the projected oranticipated useful life of a major facility as expressed by a term of years;

 

(ii) "Energy-consumption analysis" means theevaluation of all energy systems and components by demand and type of energyincluding the internal energy load imposed on a major facility by itsoccupants, equipment and components, and the external energy load imposed on amajor facility by the climatic conditions of its location. Theenergy-consumption projections shall take into account daily and seasonalvariations in energy system output during normal operations;

 

(iii) "Energy systems" means all utilities, includingheating, air-conditioning, ventilating, lighting and the supplying of domestichot water;

 

(iv) "Initial cost" means the monies required for thecapital construction or renovation of a major facility;

 

(v) "Life-cycle cost analysis" means a study tocompute life-cycle costs, as required in this act;

 

(vi) "Life-cycle cost" means the cost of a major facilityincluding its initial cost, the cost of the energy consumed over its economiclife and the cost of its operation and maintenance;

 

(vii) "Major facility" means any publicly ownedbuilding having eighteen thousand (18,000) square feet or more of gross floorarea;

 

(viii) "Public agency" means every state office,officer, board, commission, committee, bureau, department and all politicalsubdivisions of the state; and

 

(ix) "Renovation" means revision to a major facilitywhich will affect more than fifty percent (50%) of the gross floor area in thebuilding.

 

16-6-402. Computation of life-cycle costs.

 

 

(a) Life-cycle costs shall be the sum of:

 

(i) Initial cost;

 

(ii) The reasonably expected fuel costs over the life of thebuilding based on the energy consumption analysis; and

 

(iii) The reasonable costs of maintenance and operation as theypertain to energy systems.

 

(b) Life-cycle costs shall be computed for two (2) or morealternatives for construction of the facility.

 

16-6-403. Life-cycle cost analyses.

 

Publicagencies shall, prior to the construction or renovation of any major facility,include in the design phase a provision requiring that life-cycle cost analysesbe prepared for two (2) or more alternatives for the construction of thefacility. These life-cycle cost analyses shall be available to the public. Thelife-cycle costs shall be a consideration in the selection of a building designby a public agency.

 

ARTICLE 5 - ACCESSIBILITY OF HANDICAPPED TO PUBLIC BUILDINGS

 

16-6-501. Building plans and specifications; required facilities;elevators; curb ramps; inspections; exceptions.

 

(a) The plans and specifications for the construction of oradditions to all buildings for general public use built by the state or anygovernmental subdivision, school district or other public administrative bodywithin the state, shall provide facilities and features conforming with thespecifications set forth in the publication entitled "American StandardSpecifications for Making Buildings and Facilities Accessible to and Usable bythe Physically Handicapped" (U.S. Patent No. A117.1-1961) as approvedOctober 31, 1961, by the American Standards Association, now called theAmerican National Standards Institute, Inc. Elevators shall be installed inmultiple-story buildings to serve all levels normally used by the generalpublic. Elevators shall have the following features:

 

(i) The bottom of the elevator control panels shall be nohigher than four (4) feet from the elevator floor and the top of elevatorcontrol panels shall be no higher than five (5) feet from the elevator floor;

 

(ii) Elevator call buttons shall be mounted no higher than four(4) feet above the floor;

 

(iii) Elevator control and building call buttons shall havetactile identification beside them;

 

(iv) Elevator floor levels shall stop within one-half (1/2) inchof the maximum building floor levels; and

 

(v) Elevator control panels shall be mounted on the right sideof the elevator as viewed from within the elevator.

 

(b) Every curb or sidewalk to be constructed or reconstructedin Wyoming, where both are provided and intended for public use, whetherconstructed with public or private funds, shall provide a ramp at points ofintersection between pedestrian and motorized lines of travel and no less thantwo (2) curb ramps per lineal block. Design for curb ramps shall take intoconsideration the needs of all physically handicapped persons including blindpedestrians. Existing design standards will be available from the governor'scommittee for employment of the handicapped. If future improvements in the curbramp design will benefit handicapped and elderly persons, designs stipulated inthis article may be altered after full hearings on the proposed changes by theadministrator of the division of vocational rehabilitation, the program managerof the governor's committee on employment of people with disabilities and thestate fire marshal.

 

(c) The state fire marshal or city engineer shall inspect anystructure described in subsection (a) of this section at the request of anyperson. Curb ramps shall be modified or reconstructed by the contractingauthority to meet the requirements of W.S. 16-6-501 through 16-6-504.

 

(d) Exceptions may be granted by the state fire marshal in consultationwith the administrator of the division of vocational rehabilitation, theprogram manager of the governor's committee on employment of people withdisabilities, and the occupational health and safety commission chairman.

 

16-6-502. Building plans and specifications; state fire marshal;review and approval.

 

Allplans and specifications for the construction of or additions to buildings forgeneral public use, built by the state or any governmental subdivision, schooldistrict or other public administrative body within this state, shall besubmitted for review and approval by the state fire marshal, who shall approveif he finds the plans provide facilities which conform to the specificationsset forth in "American Standard Specifications for Making Buildings andFacilities Accessible to and Usable by the Physically Handicapped" (U.S.Patent No. A117.1-1961) as approved October 31, 1961, by the American StandardsAssociation, now called the American National Standards Institute, Inc., and W.S.16-6-501, subject however to the waiver specified above.

 

16-6-503. Building plans and specifications; state fire marshal;ruling and determination; filing of written objection.

 

Thestate fire marshal shall within five (5) days mail a copy of his ruling anddetermination to the contracting authority and to any other interested oraffected person, as defined under the Wyoming Administrative Procedure Act, whohas made timely request of the state fire marshal for receipt of copies of allrulings and determinations. All mailings by the state fire marshal made underthis section shall be made by certified mail. Any time within ten (10) daysafter receipt of the ruling or determination made by the state fire marshal thecontracting authority or any other interested or affected person may object tothe determination, or any part thereof as the contracting authority or anyother interested or affected person deems objectionable by filing a writtennotice with the state fire marshal, stating the specific grounds of theobjection. The written objection shall be filed in the records of the statefire marshal and shall be available for inspection by any person who may beaffected.

 

16-6-504. Building plans and specifications; hearing on objection;final administrative determination; judicial review.

 

 

(a) Within five (5) days of the receipt of the objection, thestate fire marshal shall notify the department of fire prevention andelectrical safety of the objection. That department shall set a date for ahearing on the objection to be held not less than ten (10) days nor more thanthirty (30) days following receipt of the objection notice from the state firemarshal. Written notice of the time and place of the hearing shall be given bythe department to the contracting authority and any other interested andaffected persons at least ten (10) days prior to the date set for the hearing.

 

(b) The procedure before the department of fire prevention andelectrical safety for hearing of objections shall be as provided in the WyomingAdministrative Procedure Act.

 

(c) Within ten (10) days of the conclusion of the hearing, thedepartment shall rule on the written objections and make the finaldetermination it determines that the evidence warrants. Immediately upon itsfinal determination, the department shall serve a certified copy thereof on thecontracting authority and all other interested and affected persons who mayhave appeared at the hearing, by personal service or by registered or certifiedmail.

 

(d) The final decision of the department of fire prevention andelectrical safety is subject to review in accordance with the WyomingAdministrative Procedure Act. All proceedings in any district court affecting adetermination of the department of fire prevention and electrical safety shallhave priority in hearing and determination over all other civil proceedingspending in the court, except election contests.

 

ARTICLE 6 - PAYMENT OF AGENCY ACCOUNTS

 

16-6-601. Definitions.

 

 

(a) As used in this article:

 

(i) "Agency" means any department, agency or otherinstrumentality of the state or of a political subdivision of the state;

 

(ii) "Goods" means all personal property purchased,procured or contracted for by an agency, including leases of real property orother arrangements for the use of space;

 

(iii) "Services" means all services purchased, procuredor contracted for by an agency, including construction services.

 

16-6-602. Payment of agency accounts; interest.

 

Exceptas provided by contract, any agency which purchases or procures goods andservices from a nongovernmental entity shall pay the amount due withinforty-five (45) days after receipt of a correct notice of amount due for thegoods or services provided or shall pay interest from the forty-fifth day at therate of one and one-half percent (1 1/2%) per month on the unpaid balance untilthe account is paid in full, unless a good faith dispute exists as to theagency's obligation to pay all or a portion of the account.

 

ARTICLE 7 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES

 

16-6-701. Definitions.

 

(a) As used in this act:

 

(i) "Acceptable depository" means a state or nationalbank or a savings and loan association or credit union in which deposits areinsured;

 

(ii) "Contractor" means any person who is a party toa contract with a public entity to construct, erect, alter, install or repairany highway, public building, public work or public improvement, structure orsystem;

 

(iii) "Public entity" means this state or a county,city, town or any political subdivision thereof;

 

(iv) "Substantial completion" means the date when theconstruction is sufficiently complete, in accordance with the contractdocuments, as modified by any change orders agreed to by the parties, so thatthe work or designated portion thereof is available for use by the owner;

 

(v) "Alternate design and construction deliverymethod" means the delivery method described by any qualifications basedprocurement of design and construction services, including all procedures,actions, events, contractual relationships, obligations and forms of agreementfor the successful completion of the design and construction, alteration orrepair of any public building, work, improvement, facility, structure or systemother than by design, bid and build. Alternate design and construction deliverymethods available to a public entity include construction manager agent,construction manager at risk or design-builder;

 

(vi) "Construction manager agent" means a type ofconstruction management delivery where the professional service is procuredunder existing statutes for professional services. The construction manageragent is a construction consultant providing administrative and managementservices to the public entity throughout the design and construction phases ofa project. Under this delivery method, the construction manager agent is notthe contracting agent and is not responsible for purchase orders;

 

(vii) "Construction manager at-risk" means a type ofconstruction management delivery in which the construction manager at-risk isan advocate for the public entity as determined by the contracts throughout thepreconstruction phase of a project. In the construction phase of a project,the construction manager at-risk is responsible for all project subcontractsand purchase orders and may conduct all or a portion of the constructionproject work. Under this delivery method, the construction manager at-risk isresponsible for providing a guaranteed maximum price for the project to thepublic entity prior to commencing the construction project and the constructionmanager at-risk shall be required to bond any project with a guaranteed maximumprice in excess of one hundred thousand dollars ($100,000.00) in accordancewith W.S. 16-6-112;

 

(viii) "This act" means W.S. 16-6-701 through 16-6-708;

 

(ix) "Design-build" means a type of constructiondelivery method in which there is a single contract between the public entityand a design-builder who furnishes architectural, engineering and other relateddesign services as required for the public project, as well as labor, materialsand other construction services necessary to construct the project. Adesign-builder may be selected by the public entity based on evaluation ofresponses to a request for qualifications, fixed scope request for proposal orfixed price request for proposal. The following shall apply:

 

(A) A design-builder may be selected based solely on a responseto a request for qualification for projects with an estimated construction costof five hundred thousand dollars ($500,000.00) or less provided there are notless than two (2) respondents;

 

(B) Responses to a fixed scope request for proposal or a fixedprice request for proposal shall be used as the bases for selection for aproject with an estimated construction cost of more than five hundred thousanddollars ($500,000.00);

 

(C) Interested parties shall first respond to a request forqualification. Based on responses to the request for qualification a minimumof two (2) and maximum of five (5) respondents may be selected to respond to afixed scope request for proposal or a fixed price request for proposal;

 

(D) The respondent chosen by evaluation to provide the bestoverall value for the project shall be selected in response to a fixed scoperequest for proposal or a fixed price request for proposal. The best overallvalue shall be determined based on criteria set forth by the public entityletting the project and may include, but is not limited to, qualifications,price, quality of materials and products, past experience and schedule;

 

(E) All unsuccessful respondents to a response for a fixedscope request for proposal or fixed price request for proposal may becompensated at the discretion of the public entity based upon a percentage ofthe price of the project as proposed by the successful respondent in therespondent's original proposal. Any compensation provided pursuant to thissubparagraph shall be clearly specified in the request for proposal.

 

(x) "Design-builder" means an entity that providesdesign-build services as described under paragraph (ix) of this subsectionwhether by itself or through subcontractual arrangements with other entities;

 

(xi) "Fixed price request for proposal" means arequest for an oral and written presentation of all qualifications deemedpertinent to the project by the public entity in addition to a schematic designand detailed description of all materials and products proposed to accommodatea preliminary project program prepared by the public entity and provided in thefixed price request for proposal. The successful respondent shall constructthe project described in their design and material and product description fora fixed price prepared by the public entity and provided in the fixed pricerequest for proposal. The final guaranteed maximum price and scope for theproject may be altered from the request for proposal and negotiated with thesuccessful respondent at the discretion of the public entity;

 

(xii) "Fixed scope request for proposal" means arequest for an oral and written presentation of all qualifications deemedpertinent to the project by the public entity in addition to a guaranteedmaximum price for a preliminary design prepared by the design builderincorporating all elements of a fixed scope for the project prepared by thepublic entity and provided in the fixed scope request for proposal. The finalguaranteed maximum price and scope for the project may be altered from therequest for proposal and negotiated with the successful respondent at thediscretion of the public entity;

 

(xiii) "Request for qualification" means a request foran oral or written presentation of all qualifications deemed pertinent to theproject by the public entity. The request for qualification shall include notless than all the provisions contained in W.S. 16-6-707(b).

 

16-6-702. Public entity; contracts; partial payments; alternatedelivery methods authorized.

 

(a) Notwithstanding W.S. 15-1-113(e), a public entity awardinga contract for the construction, alteration or repair of any highway, publicbuilding, public work or public improvement, structure or system shallauthorize partial payments of the amount due under the contract as stipulatedin the contract document or as soon thereafter as practicable, to thecontractor if the contractor is satisfactorily performing the contract. Nomore than ten percent (10%) of the calculated value of any work completed shallbe withheld until fifty percent (50%) of the work required by the contract hasbeen performed. Thereafter, the public entity may pay any of the remaininginstallments without retaining additional funds if, in the opinion of thepublic entity, satisfactory progress is being made in the work but under nocondition shall more than ten percent (10%) be withheld on the remaining fiftypercent (50%) of the work required. The withheld percentage of the contractprice of the work, improvement or construction shall be retained in an accountin the name of the contractor which has been assigned to the public entityuntil the contract is completed satisfactorily and finally accepted by thepublic entity. If the public entity finds that satisfactory progress is beingmade in all phases of the contract, it may, upon written request by thecontractor, authorize payment from the withheld percentage. Before the paymentis made, the public entity shall determine that satisfactory and substantialreasons exist for the payment and shall require written approval from anysurety furnishing bonds for the contract work.

 

(b) Alternate design and construction delivery methods may beused by a public entity to design, construct, alter, repair or maintain publicworks projects.

 

16-6-703. Contract; completion by public entity; partial payments.

 

Ifit becomes necessary for a public entity to take over the completion of anycontract, all of the amounts owing the contractor, including the withheldpercentage, shall first be applied toward the cost of completion of thecontract. Any balance remaining in the retained percentage after completion bythe public entity shall be payable to the contractor or the contractor'screditors. The retained percentage which may be due any contractor shall bedue and payable as prescribed by W.S. 16-6-116.

 

16-6-704. Interest bearing deposit agreement; requirement to enterinto.

 

Apublic entity shall enter into an interest bearing deposit agreement with anydepository designated by the contractor, after notice to the surety, toprovide an agent for the custodial care and servicing of any deposits placedwith him pursuant to this act on any contract of more than twenty-five thousanddollars ($25,000.00). The services shall include the safekeeping of theobligations and the rendering of all services required to effectuate the purposesof this act.

 

16-6-705. Custodian for obligations; collection of interest income -payable to contractor.

 

Thepublic entity or any depository designated by the contractor to serve ascustodian for the obligations pursuant to W.S. 16-6-704 shall collect allinterest and income when due on obligations so deposited and shall pay them,when and as collected, to the contractor or as otherwise instructed by thecontractor. Any expense incurred for this service shall not be charged to thepublic entity.

 

16-6-706. Applicability of provisions.

 

Thisact does not apply in the case of a contract made or awarded by any publicentity if a part of the contract price is to be paid with funds from thefederal government or from some other source and if the federal government orthe other source has requirements concerning retention or payment of fundswhich are applicable to the contract and which are inconsistent with this act.

 

16-6-707. Construction management alternate delivery method.

 

(a) Excluding contracts for professional services, constructionmanagement and design-build delivery negotiations by public entities andconstruction managers shall be in accordance with residency and preferencerequirements imposed under W.S. 16-6-101 through 16-6-107.

 

(b) Formal requests for proposal for preconstruction orconstruction services by a construction manager or a design-builder submittedby a public entity shall require at least the following information:

 

(i) The location of the primary place of business;

 

(ii) The name and identification of individuals to be assignedto the project;

 

(iii) Experience with similar projects;

 

(iv) Qualifications;

 

(v) Ability to protect the interests of the public entityduring the project;

 

(vi) Ability to meet project budget and time schedulerequirements;

 

(vii) Excluding contracts for professional services, compliancewith W.S. 16-6-101 through 16-6-107; and

 

(viii) For design-build alternative construction delivery methods,the names of the prime consultants used for architectural and engineeringdesign services.

 

(c) Negotiations between a public entity and a constructionmanager at-risk shall require that the construction manager at-risk comply withthe residency and preference requirements imposed under W.S. 16-6-101 through16-6-107 in the procurement of subcontractors and materials.

 

16-6-708. Responsibilities under alternative delivery contracts.

 

(a) Any construction manager agent, construction manager atrisk or design-builder contract awarded shall comply with any reporting andadministrative requirements as required by the public entity of the recipientof a design, bid and build contract, including retainage, payment andperformance bonding and default of contract.

 

(b) All bids let under this section including subcontractorbids, shall be opened in public following reasonable public notice.

 

ARTICLE 8 - WORKS OF ART IN PUBLIC BUILDINGS

 

16-6-801. Definitions.

 

(a) As used in this article:

 

(i) "Agency" means any state office, department,board, commission or institution and any community college district to whichfunds have been appropriated, bonded or otherwise provided by the state for thedesign and original construction of any new building;

 

(ii) "Architect" means any person licensed to practicearchitecture pursuant to W.S. 33-4-101 through 33-4-117 and designated as theproject architect for a specific capital construction project;

 

(iii) "Artist" means any practitioner generallyrecognized by peers or critics as a professional who produces works of art;

 

(iv) "Building" means any permanent structure and anyappurtenant structure intended to function as an office, courtroom, hearing ormeeting room or other space for carrying on the operation of any agency and anyauditorium, meeting room, classroom or other educational facility, library ormuseum space, or information center for use by the public, excluding utilitylines, water projects, fish ponds, school buildings, city buildings, countybuildings, public restrooms at state parks, separate structures which are notpart of a larger construction project intended solely as storage, warehouse ormaintenance and repair facilities;

 

(v) "Construction cost" means the cost for the actualdesign and original construction of any new building which is funded in totalor in part by appropriated state funds, excluding land acquisition. The phrasedoes not include the cost for any building funded in part by city or countyfunds;

 

(vi) "Department" means the department of state parksand cultural resources acting through the Wyoming arts council establishedunder W.S. 9-2-901;

 

(vii) "User" means that agency with principaladministrative responsibility for the actual use of any building;

 

(viii) "Works of art" means any frescoe, mosaic,sculpture, drawing, painting, photograph, calligraphy, graphic art, stainedglass, wall hanging, tapestry, fountain, ornamental gateway, monument, display,architectural embellishment, craft, architectural landscape or any work ofmixed media by an artist.

 

16-6-802. Construction of new public buildings; state funds.

 

(a) The original construction of any new buildin

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