Item III (B) Approval and Authorization for Mayor and City Clerk to execute Change Order #1 with Golden Hammer regarding Partial Payment Request Agenda 7-7-98
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• Item III B
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o00ROBERT SMITH
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PUBLIC WORKS DIRECTOR
370 ENTERPRISE ST.•OCOEE,FLORIDA 34761
PHONE(407)877-8420•FAX(407)877-0392
STAFF REPORT
TO: The Honorable Mayor and Board of City Commissioners
FROM: Robert M. Smith, Public Works Director
DATE: July 1, 1998
ISSUE:
Should a change be made to the City Hall siding contract with Golden Hammer
to allow progress payments and payment for change orders?
BACKGROUND AND DISCUSSION:
The contract with Golden Hammer Contractors, Inc. currently allows only one
final payment at contract completion. To date Golden Hammer has completed
all work on the Police Department building, including required change order
work. The quality of their work has been excellent.
Due to the up front material costs and the large amount of change order work to
date, the contractor has requested a change order to the contract to allow
payment for completed contract work and completed change order work.
RECOMMENDATION:
Due to the excellent quality of work performed by this contractor and his ready
cooperation in performing unforeseen change order work, Staff recommends a
change to the contract to allow progress payments for all completed and
accepted work. The proposed progress payments will include a 10% retainage
until final contract completion and acceptance.
RMS:jh
THE PRIDE OF WEST ORANGE �/►
This Agreement Is entered Amendment to Standard Form of Agreement between City of
Ocoee and Golden Hammer Contractors, Inc., dated February 13, 1998:
Article 5
Progress Payments
5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and
Certificates for Payment issued by the Architect, the Owner shall make progress payments on
account of the Contract Sum to the Contractor as provided below and elsewhere in the contract
Documents.
5.2 The period covered by each Application for Payment shall be one calendar month
ending on the last day of the month, or as follows:
5.3 Provided an Application for Payment is received by the Architect not later than the first
day of a month,the Owner shall make payment to the Contractor not later than the 20°i day of
the month. If an Application for Payment is received by the Architect after the application date
fixed above, payment shall be made by the Owner not later than ten(10)days after the Architect
receives the Application for Payment.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared In
such form and supported by such data to substantiate its accuracy as the Architect may require.
This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the
Contractor's Application for payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents,the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum propeiiy allocable to complete Work as
determined by multiplying the percentage completion of each portion of the Work by the share of
the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of 10%(ten percent). Pending final determination of cost to the Owner of changes in
the Work, amounts not included as provided in Subparagraph 7.3.7 of the General Conditions
even though the Contract Sum has not yet been adjusted by Change Order;
5.8.2 Add that portion of the Contract Sum property allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction(or, if approved in advance the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage of 10%(ten percent).
5.6.3 Subtract the aggregate of previous payments made by the Owner, and
5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for
Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be
further modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to 10%(ten percent) of the Contract Sum, less such amounts as the Architect shall
determine for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of
the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the
General Conditions.
5.8 Reduction or limitations of retainage, if any, shall be as follows:
This Agreement is entered into as of the day and year first written above and is executed in at
least three original copies of which one is to be delivered to the Contractor, one to the Architect
for use in the administration of the Contract, and the remainder to the Owner.
OWNER: CITY OF OCOEE CONTRACTOR:
By:
S. Scott Vandergrift, Mayor (Signature)
(Printed name and title)
Attest: Printed name and title
Jean Grafton, City Clerk
Approved by Ocoee City Commission in
meeting held on
Under Agenda Item#