Contractor Tracking Certificate

Contractor Tracking Certificate

This Contractor Tracking Certificate (the Certificate) is executed as of Report Date: by and between Owner Name: (Owner) and Contractor Name: (Contractor).

RECITALS

WHEREAS, Owner and Contractor are parties to a construction or services contract identified as Contract Number: for the Project: located at Project Address: .

WHEREAS, Owner requires periodic certification and tracking of Contractor's compliance with contractual obligations, including but not limited to recordkeeping, payroll, subcontractor management, insurance and bonding; and

WHEREAS, Contractor warrants that the information and records provided in this Certificate are accurate and will be maintained in accordance with the requirements set forth below.

NOW, THEREFORE

In consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. Definitions

For purposes of this Certificate, the following terms have the meanings set forth below: "Records" means payrolls, timecards, certified payrolls if required, subcontractor agreements, insurance policies and endorsements, bonds, licenses, permits, and any other documents reasonably requested by Owner concerning Contractor's performance of the Contract.

2. Contractor Representations and Certifications

Contractor hereby certifies, to the best of its knowledge after reasonable inquiry, that:

(a) Contractor is duly licensed to perform the Work under License or Registration Number: and holds the following state or local licenses required for the Project: .

(b) Contractor's federal taxpayer identification number (EIN): and state tax registration (if applicable): are true and accurate.

(c) Contractor maintains complete and accurate Records for the Project and will retain such Records for a minimum of years following final payment or final acceptance of the work.

3. Recordkeeping and Reporting Obligations

Contractor shall maintain contemporaneous Records demonstrating compliance with wage, hour, safety, licensing and tax obligations. Contractor shall provide copies of such Records to Owner within days of a written request.

The following items are attested by Contractor (check all that apply):

Payroll records are maintained in accordance with the Contract and applicable law. Certified payrolls have been submitted where required. Subcontractors have current insurance and bonds as required by the Contract. A site-specific safety plan is in effect and maintained.

4. Subcontractor Tracking

Contractor provides the following list of subcontractors and material suppliers engaged on the Project as of the Report Date. Contractor shall update this list as required by Owner and Contract.

5. Insurance, Bonds and Financial Assurance

Contractor certifies that it maintains insurance and bonds as required by the Contract. Primary insurer: Policy Number: Bonding company:

6. Access and Audit

Owner and its authorized representatives shall have the right to inspect and copy Records during normal business hours upon reasonable notice. Contractor shall promptly provide access and assistance. Failure to provide timely access constitutes a material breach.

7. Indemnity and Remedies

Contractor shall indemnify, defend and hold harmless Owner from and against any claim, loss, liability, cost or expense (including reasonable attorneys' fees) arising from Contractor's failure to maintain Records, from inaccurate information in this Certificate, or from Contractor's failure to comply with applicable laws, regulations or Contract requirements. Owner's remedies for breach include, without limitation, withholding payments, requiring corrective actions, and pursuing damages.

8. Term and Termination

This Certificate is effective as of the Report Date and shall survive final payment and termination of the Contract for the period set forth in Section 2(c) with respect to Records retention and audit rights. Owner may terminate Contractor's participation or require remedial measures for material noncompliance.

9. Notices

All notices required by this Certificate shall be in writing and delivered to the following addresses by hand, certified mail, or overnight courier:

10. Amendments; Waiver

No amendment to this Certificate shall be effective unless in writing and signed by both parties. No failure or delay by either party in exercising any right shall constitute a waiver of that or any other right.

11. Governing Law; Entire Agreement; Severability

This Certificate shall be governed by and construed in accordance with the laws of the state specified for governing law: , without regard to its conflict of laws principles. This Certificate constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes prior communications and contemporaneous understandings. If any provision of this Certificate is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12. Counterparts

This Certificate may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one instrument.

Acknowledgment and Certification

Contractor certifies under penalty of perjury that the information provided in this Certificate is true, accurate and complete to the best of Contractor's knowledge. Contractor acknowledges that Owner is relying on the accuracy of this Certificate in administering the Contract and in making payments.

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