Things I Miss, Ax Mix of Land + Procure

Question 1

What are penalties for LG late payment for non-construction services?

Answer 1

PROMPT PAY
-----------
1% per month beginning 30 days from due date.
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~confirmed FS 218.74(4)

Question 2

What are penalties for LG late payment for construction services?

Answer 2

PROMPT PAY
-----------
2% per month (more if agreed to in K).
***NEW 2021*** used to be 1%,
-----------
non-construction = 1% aft 30 days ~unconfirmed~

Question 3

Different limitations imposed when using:

Fed $

• ————– State $
• ——————————— Gas tax $

Answer 3

FED:  No retainage! Also, none if under $200k.
-----------
STATE:  
ANY state $ for const or pub wrks over $1M,
a)   NO Local preference
b)  NO Wages.
-----------
GAS:  FS 336
1) Can't self hire MUST bid
---------
~confirmed state (255.0991 + .0992)

Question 4

What are the timelines for punch list?

Answer 4

30 days - less than $10M
60 days - more than $10M

Question 5

Other than # of days & requirement of approval, what is a distinction between due dates between invoices:
For Construction (pre-approval v. no-approval)
For Non-Construction.

Answer 5

PROMPT PAY
-----------
think weeks:  4 - 5 - 6
-----------
CONSTRUCTION:
Pre-approval is 25 BUSINESS days.
Non-approval is 20 BUSINESS days.
-----------
NON-CONSTRUCTION:
45 days (CALENDAR non-business ~confirmed).

Question 6

We know 255.20 applies to construction contractors, road contractors & electricians. What type of project must each be doing?

Answer 6

New. Never maintain or repair.

Question 7

Affected person’s 2 prerequisites to challenge.

Answer 7

CP

1) Must have submitted comments after the Transmittal Hearing.
2) Standing, unique in kind (not extent)

Question 8

CP
-----------
What's the difference b/w:
(a)  Designations in CP's Future Land Use (FLU) element
vs.
(b)  Zoning districts?

Answer 8

CP
------------
you FLU so you got a DUI
'D'istricts = 'D'esign/'D'evelopment
-----------
FLU = use & density.
Zoning districts = use & design/develop guidelines.

Question 9

How many days to transmit proposed CP amendment to SPA?
Start counting days after what event?

Answer 9

10 days aft transmittal hrg.

Question 10

If DCA reviews, how many days for it to issue ORC?

Answer 10

If reviews, has 30 days to issue ORC.

Question 11

How many days for LG to hold Adoption Hrg?

Answer 11

180 days for Adoption Hrg.

Question 12

How many days for LG to re-transmit to SPA after ORC or aft Adoption Hrg?

Answer 12

10 days re-transmit to SPA.

Question 13

What happens if LG ignores SPA’s ORC?

Answer 13

SPA may issue sanctions if LG ignored its ORC.

Question 14

How many days for SPA to notify LG its proposed amendment is deficient?

Answer 14

5 days.

Question 15

SPA notifies LG that its proposed amendment is complete.
How many days thereafter is the amendment effective?

Answer 15

31 days after SPA notified LG complete = effective.

Question 16

FUNDING
-----------
FEDERAL funding:
At \_\_\_\_\_\_\_\_% 
Prohibits \_\_\_\_\_\_\_\_\_\_\_.
For what type of Ks.

Answer 16

FUNDING
-----------
Any %
No retainage!  (& none under $200k)
Construction.

Question 17

FUNDING

(1) STATE funding at ____% prohibits
(2) ______________ & (3) ______________
(4) For what type of Ks?
(5) At what threshold?

Answer 17

FUNDING

1) ANY State funding NEW 2021 (was 50%)
- ———-
2) Preference for in-state subs.
3) No local preference or wage/staffing
4) For public works CONSTRUCTION.
5) $1M

Question 18

What does GAS TAX funding prohibit & for what Ks?

Answer 18

FS 336:
No self hire for county roads. MUST bid out.
———–
That’s only prohibition BUT other gas item is:
Things exempt from 336:
(a) Emergs
(b) Sidewalks.
(c) Small jobs. Const, repair, incl reseal of bridges + roads, not over 5% of gas tax surplus or $400k, whichever is greater.

Question 19

What 3 items are exempt from FS 336?

Answer 19

1. Emergs
2. Sidewalks.
3. ## Small jobs. Const, repair, incl reseal of bridges + roads, not over 5% of gas tax surplus or $400k, whichever is greater.Other gas item: if source of funding, can’t self hire. MUST bid out [unless a small job, 5% or $400k]

Question 20

What level of State funding triggers certain prohibitions?

Answer 20

Any amt.

1. Ktor MUST give in-state preference.
2. Public works project over $1M not pd w/ sales tax prohibits:
   a) Local preference
   b) Wages.

Question 21

What are the 2 prohibitions triggered by ANY state funding in improving public works?

Answer 21

For ANY amt for public works projects:

1. Ktor MUST give in-state preference.
2. Project over $1M & not pd w/ sales tax prohibits:
   a) Local preference
   b) Wages.

Question 22

Can County use continuing Ks & design builds in their road building?

Answer 22

336 [County roads] 
-----------
No.  
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Specifically allowed in 255.20 [public works] & 287 [CCNA] but not found in 336 [County roads] or 180 [Muni pub works].

Question 23

State 2 categories in Procurement wherein Ktor

— DOES get C+AF

— DOES NOT get C + AF.

Answer 23

Ktor gets:
— NO C + AF for winning PROMPT PAY.

— YES c + af for winning PROTEST.