7-sample - CONSTRUCTION CONTRACT.pdf

Form approved by Legal 01.12.2024 Page 18 of 37

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 therein 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 the following:

Information for CONTRACTORs

PROPOSAL Schedule

PROPOSAL Bid Bond

Payment Bond

Certification of Legal Work Status (Pay Request)

Conditional Waiver and Release upon Progress Payment (General Contractor)

Conditional Waiver and Release upon Progress Payment (Sub-Contractor)

Waiver and Release upon Final Payment (General Contractor)

Waiver and Release upon Final Payment (Sub-Contractor)

Request for Information Change Order Notice of Substantial Completion Final Acceptance Letter General Conditions

Public Notice

PROPOSAL Form

CONTRACTOR’s General Information

Agreement

Performance Bond Certification of Legal Work Status

(Contractor) Certification of Legal Work Status (Sub-

Contractor) Notice of Award Notice to Proceed City of St. George Standard Specifications for Design and Construction Technical Specifications prepared by CONSULTANT NAME, dated DATE.

Construction Plans prepared by CONSULTANT NAME, dated DATE.

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

DOCUMENTS.

Form approved by Legal 01.12.2024 Page 19 of 37

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: CITY OF ST. GEORGE

By:

Name: Michele Randall, Mayor

(SEAL)

ATTEST:

Name Christina Fernandez

Title City Recorder

CONTRACTOR:

By

Name

(Please Type)

Address

(SEAL)

ATTEST:

Name

Title

APPROVED AS TO FORM

BY:

City Attorney's Office

Form approved by Legal 01.12.2024 Page 20 of 37

PAYMENT BOND

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: Project Name

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.

Form approved by Legal 01.12.2024 Page 21 of 37

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 .

ATTEST:

Principal

(Principal) Secretary

(SEAL) By

____________________________________ Address Witness as to Principal

Address

ATTEST:

Surety

(Surety) Secretary

(SEAL) By__________________________________

Address

Witness as to Surety ____________________________________ Attorney-in-fact

Address

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.

Form approved by Legal 01.12.2024 Page 22 of 37

PERFORMANCE BOND

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: Project Name

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.

Form approved by Legal 01.12.2024 Page 23 of 37

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 .

ATTEST:

Principal

(Principal) Secretary

(SEAL) By

Address

Witness as to Principal

Address

ATTEST:

Surety

By__________________________________

Address

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.