19-sample - CONSTRUCTION AGREEMENT.pdf

PDF 79 KB Posted

Attached to
IFB - ST GEORGE CEMETERY PLAZA
Solicitation number
26-298
Issued by
Washington County, Utah

About this file

This document is a construction agreement template prepared by the City of St. George, Utah, for use in conjunction with an Invitation for Bid (IFB) for construction of a plaza at St. George Cemetery located at 100 S and 700 E. The agreement establishes the contractual relationship between the City and the selected contractor, requiring the contractor to commence work on or before a specified date and complete all work in accordance with the Contract Documents and General Conditions. The contractor must file a notice of commencement with the Utah State Construction Registry within 15 days of beginning physical construction and comply with all provisions of Title 38 Chapter 1b, Utah Code Annotated. The contractor is responsible for furnishing all materials, supplies, tools, equipment, labor, and services necessary for project completion. Payment terms and project timelines are detailed within the Contract Documents themselves.

The agreement requires submission of a bid bond equal to 5% of the bid amount, with performance and payment bonds at 100% of the contract value, both issued by surety companies licensed in Utah. A critical requirement involves certification of legal work status, mandating that the contractor and all subcontractors comply with 8 USC §1324a by utilizing E-Verify to confirm employment eligibility. Violations of these employment eligibility requirements constitute grounds for unilateral contract cancellation and potential suspension from future City projects for one year, with the contractor liable for all associated termination costs. All subcontractors must sign their own Certification of Legal Work Status prior to commencing work. The document requires notarization of certifications and does not identify any specific set-asides for disadvantaged or minority-owned businesses.

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Text version

AGREEMENT

THIS AGREEMENT, made this day of , 20__ by and between the City of St.

George, hereinafter called "CITY" and doing business as a hereinafter called "CONTRACTOR".

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS on or before ________________ and will complete the work on or before _________________ in accordance with the Contract Documents unless the period for completion is extended otherwise by the

CONTRACT DOCUMENTS.

2. CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms Contained in the CONTRACT DOCUMENTS and GENERAL CONDITIONS for the sum of $ .

3. CONTRACTOR agrees to file a notice of commencement for this project with the Utah State Construction Registry no later than 15 days after commencement of physical construction of the WORK described in the CONTRACT DOCUMENTS. CONTRACTOR shall comply with all provisions of Title 38 Chapter 1b, Utah Code Annotated, relating to government construction projects.

4. CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described therein. The term "CONTRACT DOCUMENTS" means and includes all documents included in the public request for bid. “GENERAL CONDITIONS” means the document so titled contained within the CONTRACT

DOCUMENTS.

5. CITY will pay CONTRACTOR in the manner and at such times as set forth in the CONTRACT

DOCUMENTS.

6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in 2 copies, each of which shall be deemed an original on the date written above.

CITY OF ST. GEORGE

Michele Randall, Mayor

CONTRACTOR’S NAME

Name of Signer, Title of Position

ATTEST:

Christina Fernandez, City Recorder

APPROVED AS TO FORM:

CITY ATTORNEY’S OFFICE

Select An Item

CERTIFICATION OF LEGAL WORK STATUS (Contractor)

Project: Project Name Inquiry No.: XX-XXXX

Contractor certifies that it does not and will not during the performance of this contract knowingly employ, or subcontract with any entity which employs workers in violation of 8 USC § 1324a. Contractor agrees to require all subcontractors at the time they are hired for this project to sign a Certification of Legal Work Status and submit the Certification to City prior to any work being performed by the subcontractors.

Contractor agrees to produce, at the City’s request, documents to verify compliance with applicable State and Federal laws. If Contractor knowingly employs workers or subcontractors in violation of 8 USC § 1324a, such violation shall be cause for unilateral cancellation of the contract between Contractor and City. In addition, Contractor may be suspended from participating in future projects with the City for a period of one (1) year. In the event this contract is terminated due to a violation of 8 USC § 1324a by Contractor or a subcontractor of Contractor, Contractor shall be liable for any and all costs associated with such termination, including, but not limited to, any damages incurred by the City, excluding attorney fees.

Contractor and City each agree to pay their own respective attorney fees. For purposes of compliance, the City requires Contractor and subcontractors to use E-Verify to verify the employment eligibility of all employees as allowed by law and the E-Verify procedures. Contractor and subcontractors must maintain authorized documentation of the E-Verify.

I certify that I have read, understand and agree to comply with the requirements herein.

Contractor Name: ______________________________________________________

Company Address: _____________________________________________________

Company’s Unique E-Verification Number: _________________________________

Signature Date

Official Title

STATE OF UTAH )

ss.

County of Washington )

On the _____ day of _________ 20__, personally appeared before me, __________________________, known or identified to me to be the person whose name is signed on the foregoing document and acknowledged that s/he is authorized on behalf of said company to execute all documents pertaining hereto and acknowledged to me that he/she executed the same voluntarily for its stated purpose.

Notary Public

CERTIFICATION OF LEGAL WORK STATUS (Subcontractors)

Project: Project Name Inquiry No.: XX-XXXX

Subcontractor certifies that it does not and will not during the performance of this contract knowingly employ, or subcontract with any entity which employs workers in violation of 8 USC § 1324a.

Subcontractor agrees to require all their subcontractors at the time they are hired for this project to sign a Certification of Legal Work Status and submit the Certification to City prior to any work being performed by the subcontractors. Subcontractor agrees to produce, at the City’s request, documents to verify compliance with applicable State and Federal laws. If Subcontractor knowingly employs workers or subcontractors in violation of 8 USC § 1324a, such violation shall be cause for unilateral cancellation of the contract between Contractor and City. In addition, Subcontractor may be suspended from participating in future projects with the City for a period of one (1) year. For purposes of compliance, the City requires Subcontractor and their subcontractors to use E-Verify to verify the employment eligibility of all employees as allowed by law and the E-Verify procedures. Subcontractor and their subcontractors must maintain authorized documentation of the E-Verify.

I certify that I have read, understand and agree to comply with the requirements herein.

Subcontractor Name: ______________________________________________________

Company Address: _____________________________________________________

Company’s Unique E-Verification Number: _________________________________

Signature Date

Official Title

STATE OF UTAH )

ss.

County of Washington )

On the _____ day of _________ 20__, personally appeared before me, _____________________________, known or identified to me to be the person whose name is signed on the foregoing document and acknowledged that s/he is authorized on behalf of said company to execute all documents pertaining hereto and acknowledged to me that he/she executed the same voluntarily for its stated purpose.

Notary Public

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