Fill and Sign the Agreement between County and Contractor for Form

FENCING CONTRACT THIS FENCING CONTRACT (“Contract”), effective as of the date of the last party to sign below, is between , having an address at ("Contractor") and , having an address at ("Owner"). For valuable consideration the parties hereby agree as follows: 1. LIST OF DOCUMENTS TO BE INCORPORATED INTO THIS CONTRACT: 1. Oregon Construction Contractors Board Recommended Contract Addendum to Satisfy Contract Terms Requirement- OAR 812-012-0110 2. Consumer P rotection Notice 3. Notice of Right to a Lien 4. Information Notice to Owner About Construction Liens 5. Maintenance Information and Schedule 6. Notice of Procedure 7. Notice of Compliance with the Homebu yer Protection Act (HPA) The above-mentioned documents are hereby incorporated in and made part of this Contract. 2. SCOPE OF WORK: Fencing is the use of chain link, wrought iron, vinyl or wood materials to construct, erect, alter, or repair all types of fences, corrals, runs, railings, cribs, game court enclosures, guard rails, barriers and gates. Fencing services include locating buried utility lines, cables and pipes in the digging area and determining local zoning requirements, as well as neighborhood or subdivision restrictions for height, type, style and position. Contractor, who is licensed by the Oregon Construction Contractors Board, shall provide all necessary fencing labor and materials, and perform all fencing services described above and/or as set forth in the plans and specifications signed by both Owner and Contractor (“Project”). Such plans and specifications are hereby made a part of this Contract and may contain pictures, diagrams or measurements of the work area together with a description of the work to be done, materials to be used, and the equipment to be used or installed. 3. WORK SITE: The Project shall be constructed on the property of Owner located at and more particularly described as ________ (hereafter "the Work Site"). Owner hereby authorizes Contractor to commence and complete the usual and customary excavation and grading on the Work Site as may be required in the judgment of t he Contractor to complete the Project. Unless called for in the plans or specifications, no landsca ping, finish grading, filling or excavation is to be performed at the Work Site by the Contractor. 4. TIME OF COMPLETION: Contractor shall commence the work to be performed under this Contract on or before and shall substantially complete the work on or before . Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, acts of God, illness, injury, or general unavailability of materials. 5. PERMITS: Contractor shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be included a s part of the Project price. 6. SOIL CONDITIONS: Contractor shall have no responsibility for the condition of the soils at the Work Site. Any excavation, filling or other work required by the Owner other than the usual and custom ary excavation and grading shall be agreed to in a Change Order for an amount in addition to the Contract Price. Contractor shall not be responsible for any damages suffered by Owner as a result of the soil conditions at the Work Site. 7. INSURANCE: Contractor shall maintain general liability and workers compensation, as well as bui lder's risk insurance, if applicable. 8. SURVEY AND TITLE: If the Project is near the Owner’s property boundary, Owner will point out property lines to the Contractor. If the Owner or Contractor has any doubt about the locati on of the property lines, Owner shall provide Contractor with boundary stakes through a licensed surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that affect the Work Site. 9. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work, including changes to the plans and specifications, from time to time during the construction of the Project. However, any such change or modification shall only be made by written "Change Order" signed by both parti es. Such Change Orders shall become part of this Contract. Owner agrees to pay any increase i n the cost of the Project as a result of a Change Order. In the event the cost of a Change Order i s not known at the time a Change Order is executed, the Contractor shall estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the estimated cost. 10. CONTRACT PRICE: {COST PLUS} Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of $ for performing the services set forth in the scope of the work. Contractor shall be paid as follows: . OR {FIXED FEE} Owner agrees to pay Contractor the sum of $ for performing the services set forth in the scope of the work. Contractor shall be paid as follows: . Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or mat erials provided at the time the next periodic payment shall be due. 11. LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of ten (10) days from the due date shall be deemed a material breach of this Contract. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made without breach of the Contract pending payment or resolution of any dispute. Owner agrees to pay a la te charge of 1% of all payments that are more than ten (10) days late plus interest at the rate of 1% per month. 12. DESTRUCTION AND DAMAGE : If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contra ctor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be exc used from further performance under this Contract and Owner shall pay Contractor a percentage of the Contrac t price in proportion to the amount of work accomplished prior to the destruction or damage. 13. ASSIGNMENT : Neither party may assign this Contract, or payments due under the Contract, without t he other party’s written consent. Any such assignment shall be void and of no effect. 14. INTERPRETATION: (a) Interpretation of Documents. The Contract, plans, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the plans, a nd the Contract shall control both. If work is displayed on the plans but not called for in the specifications, or if the work is called for in the specifications but not displayed on the plans, Contractor shall be re quired to perform the work as though it were called for and displayed in both documents. (b) Entire Agreement. This Contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this Contract exist s between the parties. This Contract may only be modified by a written agreement signed by both parties. (c) Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of Oregon. 15. ATTORNEYS’ FEES AND COSTS: If any party to this Contract brings a cause of action against the other party arising from or relating to this Contract, the prevailing party in such procee ding shall be entitled to recover reasonable attorney fees and court costs. 16. PERFORMANCE: (a) Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant to this Contract provided Contractor shall remain fully responsible for the proper completion of the Project. (b) All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work. (c) Contractor agrees to remove all debris and leave the premises in broom clean condition. 17. WARRANTY: Contractor's warranty shall be limited to defects in workmanship within the scope of work performed by Contractor and which arise and become known within one (1) year from the date he reof. All said defects arising after one (1) year and defects in material are not warrante d by Contractor. Contractor hereby assigns to Owner all warranties on materials as provided by the manufacturer of such materials. AGREED: CONTRACTOR: OWNER: Signature Print Name & Title Date CCB License Number Name of License Holder Address of License Holder Phone Number of License Holder Signature Print Name Address Date NOTICES TO OWNER: CCB Recommended Contract Addendum to Satisfy Contract Terms RequirementOAR 812 -01 2-0 110 1. List of Re quired Construction C ontractor B oard (CCB) Consumer Notices Oregon law requires construction contr actors to give ho meowne rs certain notices before and during a construction project. The following is a list of the forms. It is i m portant to read and understand these form s. a. Consumer P rotection Notice . b . Information Notice to Owner About Construction Liens c. Notice of P rocedure 2. Explanation of Property O wner’s Rights a. Consumers have the right t o receive the p roducts and services agreed to in t h e contract. b. Consumers have the right t o resolve disputes through means outlined in the cont ract. c. Consumers have the right to file a co mpl aint with the CCB. Any arbitration or m ediation clauses in the contract may prevent the CCB fr om processing. 3. Arbitratio n/Mediation Clause a. An “arbitration or m ediati on clause” is a written porti on of a contract designed to settle how the parties will solve disput es that m ay arise during, or after the con struction project. Arbitration clauses a re very i m portant. They m ay l imit a cons umer’s abili ty to have their dispu te resolved by the Oregon court s y stem or the Oregon Construction Contractors Board. b. The followi ng b ox shou ld be checked by the contracto r: This contract contains an arbitration or mediation clause. This contract DOES NOT con tain an arbitration or mediation clause. c. The Oregon Construction Contractors Board urges con sumers to read and u nderstand the enti re contract – including any arbitration clause before s igning a const ruction contr act. Consu mers are not obligated to acc ept contract te rms proposed by the contractor, including a rbitration p rovisions. The se m ay be negotiated to the satisfaction of both parties. 4. Offer of Written Warranty (New Residenti al S tructure Only) Purchaser ac knowledges the contractor has offered w arranty against defects in m aterials and workmanship to the purchaser. Buyer has accepted or rejected the offer of warranty. (see appendix in contract.) _______________________ purchaser ____________________ date Signature Consu mer Signature Date Consumer Signature Date List of Required Consumer Notices Oregon law requires construction contractors to give homeowners certain notices before and during a construction project. The following is a list of the required notices. It is important to read and understand these forms. 1. Consumer Protection Notice 2. Information Notice to Owner About Construction Liens 3. Notice of Procedure These forms are attached to and made a part of this contract. Explanation of HOMEOWNERS’ Rights 1. Consumers have the right to receive the products and services agreed to in the contract. 2. Consumers have the right to resolve disputes through means outlined in the contract. 3. Consumers have the right to file a complaint with the CCB. Any arbitration or mediation clauses in the contra ct may need to be complied with during the resolution of the CCB complaint. Explanation of Mediation or Arbitration Clause An “arbitration or mediation clause” is a written portion of a contract designed to settle how the parties will solve disputes that may arise during, or after the construction project. Arbitration clauses are very important. They may limit a consumer’s ability to have their dispute resolved by the Oregon court system or the Oregon Construction Contractors Board. This contract contains an arbitration or mediation clause. This contract DOES NOT contain an arbitration or mediation clause. The Oregon Construction Contractors Board urges consumers to read and understand the entire contract – including any arbitration clause before signing a construction contract. Consumers are not obligated to accept contract terms proposed by the contractor, including arbitration provisions. These may be negotiated to the satisfaction of both parties. _________________________ _____________________ Homeowner Date _________________________ _____________________ Contractor Date Consumer Protection Notice Actions to help make your project successful(ORS 701.330 (1)) Oregon law requires contractors to provide the homeowner with this notice at the time of written contract, for work on a residential structure. This notice explains licensing, bond and insurance requireme nts, and steps that consumers can take to help protect their interests. START OUT YOUR PROJECT RIGHT 1. Make sure your contractor is properly licensed before you sign a contract. Visit www.oregon.gov/ccb, a nd click on the link, Check on a Contractor’s License, or call our offices at 503-378-4621. To be license d in Oregon, contractors must take training and pass a test on business practices and law. Licensing is not a guarantee of the contractor’s work.