CONSTRUCTION_AGREEMENT.pdf

A. AGREEMENT

WASHINGTON COUNTY

This agreement, made an entered into by and between hereinafter called the "Contractor", and Washington County, Oregon, a political subdivision of the State of Oregon, hereinafter called the "County".

WITNESSETH:

WHEREAS, the Contractor has submitted the lowest acceptable bid to County and the contract has been awarded to the Contractor and parties hereto are desirous of entering into an agreement for the performance of the said work.

NOW, THEREFORE, Contractor and County, for the consideration herein stated agree as follows:

ARTICLE 1: The Contractor agrees to do all the work and furnish all the materials, labor, tools and equipment for the construction of the Project in accordance with the Bid and this Agreement made by the Contractor.

ARTICLE 2: The following documents together comprise the Contract Documents and are hereby made a part of this Contract Agreement:

• Addenda, if any – modifications incorporated into the documents before their execution.

• Project Manual for the PROJECT

• Plans and Drawings

• Bidding Requirements, including:

• Invitation to Bid

• Project Information

• General Conditions

• General Instructions

• Bid forms, including:

• Offer

• Bid Schedule

• Certification and Contract Offer

• Bid Guaranty

• First-Tier Subcontractors Disclosure Form

• Bidder Responsibility Form

• Contract Forms include:

• Contract Agreement

• Performance Bond

• Payment Bond

• Selection of Retainage Option

• Other documents referred to in the contract documents are part of the contract by reference.

• Change Orders and Price Agreements – duly issued contract modifications after the contract documents are executed.

ARTICLE 3: In consideration of the faithful performance of the work herein embraced, the County agrees to pay Contractor such sum as shall be determined by the Department of Support Services/Facilities Management Division, Washington County, Oregon based upon work performed and in the manner set forth in the Contract Documents.

ARTICLE 4: The Contractor agrees that work under this contract shall be completed in accordance with the specified contract time. In the event Contractor fails to complete work within the time as herein mentioned, or in the extended time agreed upon, liquidated damage shall be computed and paid as specified in the General Instructions to Bidders.

ARTICLE 5: The Contractor agrees to faithfully complete and perform all of the obligations of this Contract, shall make payment promptly as due, to all subcontractors and to all persons supplying to the Contractor or their subcontractors, equipment, supplies, labor or materials for the prosecution of the work provided for in this Contract or any part thereof; shall pay all contributions or amounts due the State Industrial Accident fund and the State Unemployment Compensation Trust Fund from the Contractor or subcontractors incurred in the performance of this Contract and pay all sums of money withheld from the employees of said Contractor and payable to the Department of Revenue pursuant to ORS 316.167; shall not permit any lien or claim to be filed or prosecuted against the County on account of any labor or material furnished;

shall promptly, as due, make payment to any person, co-partnership, association, or corporation furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness or injury to the employees of such Contractor of all sums which the contractor has agreed to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of their employees pursuant to any law, Contractor or agreement for the purposes of providing or paying for such service; shall pay all other just debts, dues, and demands incurred in the performance of the contract; and shall in all respects perform said Contract according to law.

ARTICLE 6: The Contractor agrees to remedy all defects appearing in the work or developing in the materials furnished and the workmanship performed under this Contract for a period of one year after the date of formal notice of substantial completion by the County and further agrees to indemnify and save the County harmless from any costs encountered in remedying such defects.

ARTICLE 7: It is expressly understood that this Contract in all respects shall be governed by the laws of the State of Oregon, and the ordinances and regulations of Washington County.

ARTICLE 8: In the event of any action for any purpose to enforce the terms of this Contract, the losing party will pay the prevailing party, in addition to the costs and disbursements allowed by law, such sum as the court may adjudge reasonable as attorney fees for the prosecution of said suit or action, including appeal. Any action arising out of this contract shall be brought in the District or Circuit Court for Washington County, Oregon or the Federal District Court for the State of Oregon, which courts shall have exclusive venue.

ARTICLE 9: In compliance with ORS 279.350 and as part of this bid, the Bidder herein agrees and it shall be a condition of their bond that in performing this contract they shall pay and cause to be paid not less than the state prevailing rate of wages as of the date of their bid for and to each and every worker who may be employed in and about the performance of their contract. If the public officers who make the contract determine at any time that the prevailing rate of wages has not been or is not being paid as required by the contract, they may retain from the monies due to the contractor an amount sufficient to make up the difference between the wages actually paid and prevailing rate of wages and they may also cancel the contract.

ARTICLE 10: This agreement is binding upon the heirs, executors, administrators, successors and assigns of each of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the dates set forth below.

CONTRACTOR: WASHINGTON COUNTY:

Contractor Deputy County Administrator

By

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