HomeMy WebLinkAbout1984-006 Ashland Service Center-CHANGE
ORDER
AIA l)¢)( '( I&/IIN1 (;701
ARCIilll (.'1
C()NTRA('I()R J~]
llELI) [-J
OIlIJR [] glec.
Dept.
i'R()IEC-i': Ashland Service Center
Iname, addre~,',: ~uel Island Canopies'
.T() (C. onl ractor):
Clay Horrison Builder, Inc. J
526 S. Fir Street
Medford, OR 97501
Y()u a,e ¢lireclecl to make lira foli(,wing changes in this Conlract'
CI4ANGE ORDER NUMBER: 1
INITIATION DATE: February 13, 1984
ARCHITECT'S PROJECT NO: --
C()NTRACT FOR: General Construction
J C()NTRAC
'[ DATE: January 17, 1984
Al%' electrical work included in Bid No. 83-14
(previously deleted when original contract
awarded). Substitute Nu-Art Lighting & Mfg. Co.
fixture #NACL-13R-HPS-70 (Recess Mounted).
Total electrical work previously deleted,
incl. contractor profit and overhead.
$3,285.70
~l~li,lllltrl' e~l Iii,' ( i)llll.,( lilt irl(JJ( .lit-- Jll~ .l~ll't'T1~l'l~lJ J.'ll"~%llJl. II'it iLl(ill3% dl'l¥ A(.J'Ju'.llll('nl lEI Ii'r(' (-()fllr,.IcJ -O')UlT.1. I)r (i~.li'.q. I ]lltlg.'
The ()rig,m~l tC()ntract Sumi :ND~~XXK~)()CK~(K wa~ ........................... $ 13,664. 30
Nel change I)y i),evioLJ~ly aulilorized Change Order ....................................
The iC~nlra¢l Sum) i~g~gAA.AA~~ p"or lo this Change Order was .......... S ~3,66~.30
The JConlldcl Stihl) I[~~X~~ will be [increasedl
by thi, Change Order .................. ' ' $ 3,285.70
.lhenew~Conlra(tSum~iR;~~g~mcludingthisChangeO~derwill be ... S ~6,950.00
lhe C(ml~acl ~lme will he ~X~ffi1~X~ (unchanged} by ( -0- Days.
lhe Date ~)~ Subqanlial C()mplelftm a, of the date of this Change Order lherefo[e i> May I7, ~984
Aulhorized:
___ C~ay Horr&son Bu~ider, IncCSty 0f ~shland
· --- ~26 S. Fzr S~.
.-Xdd r, ~-~-~ Add/,'--
-
d OR 9750~ m gshl~, 0R ~7520/ '
--- - --
"'
v.~..li.'...~.,'. I,~ ...,,. I 1--1978
AIA DOCU&tI~NJ G701 ( IIA?,.(,I ()KI)I;' ".I'I-:H I'~.-;; II)IlH ~'.
IIII .-~.~.$J I-:Il '~ I~;%llll~ll Ill AR( IIIlll I%. l' ;. '.t:% ',l )KI. '~\1 . '. %\
Tills Ab.,EI~,:'::,I~:N£, ~' made and. c. ntered in duplicate t}~is /~]~da), of Januar..:
"~ ~ ~ "~uun~c~pal cornorat;':t'
1984, by a~d bet¥,'cc~ the Eit~ ,~f Aoh~,::d, Oregon, ~. .
of-The CS.t)' of Asl~].a;~d, Cot~n!.y of Jscksc~, State of Oregon, t~creSnafter
termed thc "CITY" and Clay !.lorrSson Builder, Inc.
hereinafter termed the "COi~'''''~c'''r~t~''
h'ITN};SSETIt'
That the Contract6r, of the payments
the manner fron~ and at the time hereinsft,
and agreements hereinafter contaj, ncd, hcr~
and assigns to furnish all m~terials and
Fuel Pump Canopies at Ashland Service
to Bid No. 83-14 (delete ele.ctrical we:
i
and to furnish all necessary mac tools, apnaratus, materials ,~n~
labor and t0 do the said work in the most subs'[:ai~zial and work~}'~an-.iJ, ke
nmnner according to the general provisions, ge. nc:al specificat}on.s and
special provisions h.,~e~o attached, and the t)].:]~:, t]]ercfore on f~].e :tn
office of thc City ~xxFxx of the safid C:ity of Ashland, Oregon, nx~x~6~'
modific;~tions of the same and other directions as ~nay be made b)' thc
Engineer as provided for therein.
It is agreed that said plans, specifications and provisions, and
schedule of rates and prices at time of construction as set forth in thc:
proposal and in the said provisiens and specifications, are hereby speci-
fically referred to and made a part of this con~.ract, and shall have the
same force and effect as though all the su~ns ~nd.provisions thereof were
full)' inserted herein.
The Contractor shall promptly, as due, make payment to all persons
supplying to said Contractor ]shot or material, for the prosecution cf the
work provided for in this contract, and all co~tributions or payment of
insurance premiums for workman's compensation insurance as provided by
statute of the State of Oregon, and all cont'ribut, ions or amounts due the
State Unemployment Fund from the Contractor or any subcentrsctor
in connection with the performance of this contract, a,nd said Contractor
sha].l not permit any lien or claim to be filed or prosecute~ against the
City for, or on account of, an)' labor or ~nateriai furnished or contri'cuzi:
required of the Contractor to the Acc. ide~t Insurance and said
fund, and pay to the State Tax Commission all sums withheld frown
pursuant to Oregon Revised Statutes.
The Contractor further agrees to abide by :.:nd comply with the provi-
sions of Oregon Revised Statutes 279.33~, and l)]'c~;',t)t])' as clue, make l;.~'.-r',z-r.
to any person, form, corporation, co~;:pan)', part:~c, rship, or association
/
.... ,,~1~;:i~ ~;..~,.~lc;t~, sul'!..'ical and J~osp~ta] ca~-e or other needed care and
of ali st~;;::: ~.:]~Jc]~ t. hc: CoJ'~l':':~ctor al;tees to pay fo~' such services and
lnonic, s and 5;t~n: Whit?, tJ:e Cor:traclor nm), or shall ded~ct fro:a the
his emp]o)'ec~ for s.t~ch scrvJ, ccs pursuant to the ter]~s of Oregon Revised
Statutes C];apter 655 re]arena thereto, and al~y contract entered into
suant thc;'c, to, or collected or deducted f-ro~n the wages of said e~:~ployees,
pursuanI, to any 1n¥:, contract, or a2reen;ent, for the purpose of providJ;.;
or payin2 for such service.
]t is a condition of thJ. s contract and agreed that should the 'Contra.
tot faf], n.'-olect~.o , or refuse to ;?,ake prompt, pavne, nt. of any c].ai~ f~r
material, labor, or services furnished by any person, firm or corporat4cT:.
in connecl ich ~,:it]~ this contract, as said c].ai~n becones due, whether for
~natcrial or services perzor~,~e~ for the Contractor, or a sub-contractor,
then and ',~ ch ~ . .
2...su event, the 'prop..r officers representing the City maY, at
its e]cction, pay s~ch services, and charge the amount thereof against
funds due, or to become due said Contractor, by reason of this contract.
but the pav-:;ent., of any such c]aiT~s in the n~anner here4n._ authorized, s~,,2~',, .~
not reliex~e the Cont~'actor er his surety from his or its obligation wire
respect to any unpa:id c3. a:i.~as.
The Contractor a~_~rees that he will' be solely responsible for an)'
da:na~e or t?'cspass to or upon adj;~cent prope;ty or injury thereto, result-
lng from o~' J.n connection with his Operatio~, and that he will bold the
City harm]es~: from any, claJ. m ].iability or o~,]_J.,,ation arising the~-efro~
indemnify the City o~f Ash]and the amount o~~ any obligation ~.t may incur
account ~hc~ co~ or arisin~l therefrom;
The Coi~tracto:r shall at all times observe and co~nply with a]l Federz:
and State ]:~.',,'s and local ordinances and regulations, in an), ~:;a~ner affect-
in~. the conduct of the work, and all such orders or decrees as exist at
t]~e presenl and these which ~na)' be made or enacted later by bod.~es or
tribunals );:~.vin.~ ap.y jurisdiction or aulhority over the ~,,ork, and sL,.ai.l
inde;nnify :~nd save h~:r~n]ess the City ap, d all 7ts officers, agents and
servants against any clai]n.or liabJ, lity arising or based on the vio].atio7
of an), such law, ordinance, regulation, Order or decrees, whether by bin-
self or his empl. oyces.
if the Contrac. tor raj. la to begin the work under contract within the
ti;ne specified, or fails to perform the work with sufficient workman or
equipment or ~,,ith sufficient ~atcria]s to insure the prompt completion
said work,, or. shall neglect or refuse to remove ~naterials or perform
such work as shall be rejected as defective or unsuitable, or shall
continue the prosecution of the work or if the Contractor shall becone
insolvent or deciaYed bankrupt, or commit any act of bankruptcy or
venc),, or allow any final judgc~nent to stand against him unsatisfied fo
period of forty-eiohz,> hours, or shalt ~nake an assignment for the be
of creditors, or from any other cause whatsoever, shall not carry on
work in an acceptab]e manner, the Director of Public Korks shall give
notice in ~¢ritina ~o thc Contractor and his surety of such delay, neg!ecL
or default, specifying thc sam'e, and t}~e Contractor, within a period of
ten days after such notice sha].l noL proceed in accordance thcrcwiLh,
. . ,, d remedies to which th~ City ~av
the City in addition to the ri,,hts an *
entftled b)' law fer the cnforcc:nent of its rights hc. reunder or upon
of covenant shall have ful] po~,'er and authority, without violating this
~:ontYr~ct, to take t]~e pro:~c, cution of. the work out of 1.]~e brands of s~Jd .. . o~r].at(: or use any of a].] of the ]:ir~l'criai., a]~,.l
,,]ou~ld l'.h;~ Ii]ri)' be suitable and ;lc-zc,]~t~b]o ar~(l ;:;n)' cause ~ coni-:-a
he,'eof, or use such methods as in its o~i]-~Jon shall bo required for
(:o]np]etJon of s~cl contract, in ~]';y :~ccept~b]e ma]~ner. .All co..~ts
under the cont]-act~ shall t)e deducted from nny ]nolle)' due or v:hbc]~ shall
become duc. said Co]-ltractor. ]n case the expense so ii, cuffed bv the City
sh[~ll be !ets than the sum whic]~ wou]d have been p;])'ab]e under' the contT::c-
if it had bee]] completed by the Cont]-~ctor hereunder, t]~en t)~e .~,~id
Contractor-'~hal] be e)~ti.tled to receive the differemce ]ess a]~',' da[~ages ~:~:
de]ay to ~.:hich the City may be entitled, and Jn case such ex?e)~e
exceed the sum which would have bee,'. ])~yable under t))e con~ract, then
Co]~trac~or nnd the surety s]~]ll be ]Jab].e ~nd :~gree to and shF~] pay
C~t)' the a]~ount of said e>:cess ~.:ith damages for de]ay of perfo~-~.~ance, if
~)'. The Co]~tractor'sha]l not m~kc eny dispositJen of '~he F]an~.,
tool. s, a?l)iiances, materials or animals used o;'~ or Jn ce]-;nectJer: ~.:Jth
work, w)~et)~er b)' s~)le, cove]~ants,, o]: J~cu])~])r:)]-)ce, inco];s, iste])~ ~.::;.th tke
provJ, si. on of this co]~tract. This con,:Fact )~:~), be c~]~c:e]ied at the elec~F.::
of the City for any wJ. 1]fu~ fai]u]-~ or ]'efusa] on the ?art of the C
to ~aJthFuJ~y ~e~fo']'m th~s contract ac:corain~ to ~ts tex'ms ~]-~c] cona~tbo:~
In cons~_deral. J.o]] of the fait]]fu] perforn~ance,of t]]e ~eo]'k }~erein
embraced a]~] provided' for, as set forth 5_n thJ~ co]'~t-]-['~c.%, ger. e~-a~ spec~~
(:at$ons e]-~d special prpvisio]:s, notice to co]~'Lractors, 5. nstruct, i~r~s to
'bidders, 'preposal, genera] a]~d detailed specifJcatio]]s, and ]',]a~s
a. rea part '~hereof~ in accordance ~.(~th the di~'ections of t]~e Director'
Public ~o~-ks and to his s[~t~sfactio]~, the City agrees to p[]y to said
Contracto~ the amount ea]'ned by him u]~der said cont]'act~ said a::,ount to
computed f~"om the actual qua]~tCtJes of work performed az show~) by the
estimates of t]~e Director of Public ¥~o]'ks and the unit prices ]-~ed ~n
Fropose]., plus any ~:mounts earned unde~- t]~e heading of e>:'~ra ~..'eT'k and
'materials as provided in the ge]~e~al specifJcal~ions []]~g speci~i
~e'reto annexed. Ail paymen-~s ~ill be made at the times and J]~ the
provided in tho ge:~eral and special provisio]~s incorpo]'~ted ~c:]-ein a]~d
~cco~dz~nce with the regulations of the City in ~egard to the r,a'..~ent of
claims, which regulations provide, among other things: that alt claimers
against t]~e City shall be submitted to the City upo]~ vouchers.
The Contracto? shall, within five days afte; execution of the contr:~._
.. ~' ,Si
and prior to doing any ~vo~k unde~- this contract, fur,nigh bond to ,_ne ~.'
of Ashla]~d in a forth a]]d with a su]'ety thereon satisfactory to City in th~.
penal sum O~ Thirteen thousand, six hundred sixty-four dollars and thirty cents ($13,664. ~..~?
conditio]]ed upon the fait. h£u] perfor~nance of this cont]-act
of the Contractor- of all covenants and stipu]at, ions the]'ein, il; accorda~-~cc
~,'ith the General Specifications and Speciai.P]-ovisions, and t]~e ~lans ~]-.,d
specific,~tJons, and the pa)'~;~.ent of materials and ]abo]' for t]~e
of the ~,'ork and all contributions or amounts due the State Acc~dc:nt
ance fund £rom the Contractor or sub-contractor, and also co.;r;pl)'i]~g
the provisions of Oregon Revised Statutes and an)' other laws o£ the Sta:e
of O~egon relating to faithful' performance of bonds for construction
public works.
]N WITNESS WltERI'!O]:, thc said City of A~,hlanct, has caused this contraat
to be executed for and in its behalf of its Navor and CJt>' Recorder,
and thc corporate sea]. of said City to be hereunto affixed on t. his da-.-
and year first hereinabove written, 'and at thc same ~i~nc thc said
Contractor has subscribed his name and affixed his seal' hereto
duplicate the day and year first above written.
CITY OF ASIIi, AND, OREGON
Mayor
Recorder
The foregoing contract was
executed in our presence as'
WITNESSES:
..Clay Morrison Builder, Inc.
BY
BY
WITNESSES: