35-946-Resolution No. 80-206 Recorded 9/23/1980VOL 35 PA
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Approving the )
Contract Between R. L. Coats )
and Deschutes County for the )
Paving of Approximately 2.5 )
Miles of Arnold Market Road )
in Deschutes County, Oregon )
RESOLUTION NO. 80-206
WHEREAS, a form of contract has been proposed between
R. L. Coats and Deschutes County, Oregon, for the paving of
approximately 2.5 miles of Arnold Market Road in Deschutes County,
Oregon; and
WHEREAS, the terms of the contract have been reviewed
by the Board of County Commissioners of Deschutes County, Oregon;
and
WHEREAS, the Board of County Commissioners has found
the agreement to be satisfactory; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. That the contract between R. L. Coats and
Deschutes County, Oregon, for the paving of approximately 2.5 miles
of Arnold Market Road in Deschutes County, Oregon, marked Exhibit A,
attached hereto and by this reference incorporated herein, is
hereby approved. (�
DATED thi� 3 1y day of 1980.
BOARD 0 COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY J RIMHARDSON
Recording Secretary
RESOLUTION NO. 80-206, PAGE 1
IN THE BOARD OF COUNTY COMMISSIONERS
tVOL 35 PAGE 947
OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
C O N T R A C T
This Contract, made and entered into, in triplicate this day of September
1980, by and between DESCHUTES COUNTY by and through its Board of County Commissioners,
hereinafter called "THE COUNTY" and R.L. Coats, hereinafter called "THE CONTRACTOR".
WITNESSETH
That the said Contractor, in consideration of the sum to be paid by the County in
the manner herein provided, and in consideration of the other agreements herein
contained, hereby agrees to perform and complete the work herein described and to
furnish all necessary machinery, tools, apparatus, equipment, supplies, materials,
and labor to do all things in accordance with the applicable plans, special provi-
sions, and specifications for the Arnold Market Road Overlay Project on file with
the Department of Public Works, and in accordance with such alterations or modifica-
tions as may be made by the Director of Public Works or the Board of County
Commissioners, and according to such directions as may, from time to time, be made
or given by the Director of Public Works under the authority and within the meaning
and purpose of this contract. This agreement shall be binding upon the heirs, exe-
cutors, administrators, successors and assigns of the Contractor.
That the applicable plans, special provisions, and specifications referred to and
the schedule of contract prices attached herewith are hereby specifically referred
to and by this reference made a part hereof, and shall by such reference have the
same force and effect as though all of the same were fully written or inserted
herein.
That the Contractor shall faithfully complete and perform all of the obligations
of this contract and in particular shall promptly as due make payment of all
debts, dues, demands and obligations incurred in the performance of said contract;
and shall not permit any lien or claim to be filed or prosecuted against the County
or the Board of County Commissioners. It is expressly understood that this contract
in all things shall be governed by the laws of the State of Oregon.
That the Contractor shall perform its obligations under the terms and conditions
of this agreement as in independent contractor and shall hold harmless the County
for any and all damages to persons or property arising from the performance of the
provisions of this agreement.
That in consideration of the faithful performance of all of the obligations both
general and special, herein set out, and in consideration of the faithful perform-
ance of the work set forth in this Contract, the applicable plans, specifications,
special provisions, schedule of contract prices, and all general and detailed
specifications and plans which are part hereof, and in accordance with the direc-
tions of the Director of Public Works and to his satisfaction and the satisfaction
of the Board of County Commissioners, the County agrees to pay to the said Contractor
the amount earned as determined from the actual quantities of work performed in the
manner herein provided. The amount earned shall be based upon engineering require-
ments and the unit prices specified in the schedule of prices attached hereto and
incorporated herein.
Contract VD1 35 PAG£948
Page Two
In witness whereof, the parties hereto have subscribed their names and affixed
their respective signatures as of the date first above written.
This Contract was approved by the Deschutes County Board of Commissioners on the
day of September, 1980.
Approved as to form:
Deschutes County Counsel
Executed by Contractor in the
presence of:
Witness
(Seal)
NK/id
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Chairman
Commissioner
Commissioner