3-sample - CONSTRUCTION CONTRACT.pdf

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 Reference 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 https://www.sgcity.org/

CERTIFICATION OF LEGAL WORK STATUS (Subcontractors)

Reference 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

PAYMENT BOND

Reference No. XX-XXXX

KNOW ALL MEN BY THESE PRESENTS:

(Name of Contractor)

(Address of Contractor) a , (Corporation, Partnership, or Individual) hereinafter called Principal, and

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto the City of St. George located at, 175 East 200

North, St. George, Utah 84770 hereinafter called CITY, in the penal sum of

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

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the CITY, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of the above-named project.

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including but not limited to all amounts due for all materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such

WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

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

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

IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of 20 .

Principal

(Principal) Secretary

(SEAL) By

____________________________________ Address

Witness as to Principal

Address

Surety

(Surety) Secretary

(SEAL) By__________________________________

Address

Witness as to Surety

____________________________________ Attorney-in-fact

NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

PERFORMANCE BOND

Reference No. XX-XXXX

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a (Corporation, Partnership, or Individual), hereinafter called Principal, and

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto the City of St. George located at 175 East 200

North, St. George, Utah 84770 hereinafter called CITY, in the penal sum of

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

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the CITY, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of the above-named project.

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the CITY, with or without notice to the

Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the CITY from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the CITY all outlay and expense which the CITY may incur in making good any default, then this obligation shall be void;

otherwise to remain in full force and effect.

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

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

IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of 20 .

Principal

(Principal) Secretary

(SEAL) By

Witness as to Principal

Surety

By__________________________________

NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

NOTICE OF AWARD

To:

Inquiry No.: XX-XXXX

The CITY has considered the PROPOSAL submitted by you for the above described project in response to its Advertisement for PROPOSALS and Information for CONTRACTORs.

You are hereby notified that your PROPOSAL has been accepted in the amount of $ on the condition that you execute the Agreement and obtain the performance BOND, the payment BOND, and the certificate of insurance within ten (10) calendar days from the date this NOTICE is delivered to you.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the CITY.

Dated this day of , 20 .

City of St. George

CITY

By

Name Michele Randall

Title Mayor

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged

By , this the day of , 20__.

Name

Title

NOTICE TO PROCEED

Date: .

To: .

Project: Project Name Inquiry No.: XX-XXXX

You are hereby notified to commence WORK in accordance with the Agreement entered into for this project on or before DATE, and you are to complete all WORK in accordance with the Contract Documents on or before DATE.

City of St. George

CITY

By

Name Michele Randall

Title Mayor

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged

By this the day of , 20

Name

Title