Things I Miss, Ax Mix of Land + Procure Flashcards

1
Q

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

A
PROMPT PAY
-----------
1% per month beginning 30 days from due date.
-----------
~confirmed FS 218.74(4)
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2
Q

What are penalties for LG late payment for construction services?

A
PROMPT PAY
-----------
2% per month (more if agreed to in K).
***NEW 2021*** used to be 1%,
-----------
non-construction = 1% aft 30 days ~unconfirmed~
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3
Q

Different limitations imposed when using:

Fed $

  • ————– State $
  • ——————————— Gas tax $
A
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)
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4
Q

What are the timelines for punch list?

A

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

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5
Q

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.

A
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).
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6
Q

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

A

New. Never maintain or repair.

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7
Q

Affected person’s 2 prerequisites to challenge.

A

CP

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

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8
Q
CP
-----------
What's the difference b/w:
(a)  Designations in CP's Future Land Use (FLU) element
vs.
(b)  Zoning districts?
A
CP
------------
you FLU so you got a DUI
'D'istricts = 'D'esign/'D'evelopment
-----------
FLU = use & density.
Zoning districts = use & design/develop guidelines.
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9
Q

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

A

10 days aft transmittal hrg.

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10
Q

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

A

If reviews, has 30 days to issue ORC.

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11
Q

How many days for LG to hold Adoption Hrg?

A

180 days for Adoption Hrg.

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12
Q

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

A

10 days re-transmit to SPA.

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13
Q

What happens if LG ignores SPA’s ORC?

A

SPA may issue sanctions if LG ignored its ORC.

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14
Q

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

A

5 days.

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15
Q

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

A

31 days after SPA notified LG complete = effective.

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16
Q
FUNDING
-----------
FEDERAL funding:
At \_\_\_\_\_\_\_\_% 
Prohibits \_\_\_\_\_\_\_\_\_\_\_.
For what type of Ks.
A
FUNDING
-----------
Any %
No retainage!  (& none under $200k)
Construction.
17
Q

FUNDING

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

A

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

18
Q

What does GAS TAX funding prohibit & for what Ks?

A

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.

19
Q

What 3 items are exempt from FS 336?

A

  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]
20
Q

What level of State funding triggers certain prohibitions?

A

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.
21
Q

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

A

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.
22
Q

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

A
336 [County roads] 
-----------
No.  
-----------
Specifically allowed in 255.20 [public works] & 287 [CCNA] but not found in 336 [County roads] or 180 [Muni pub works].
23
Q

State 2 categories in Procurement wherein Ktor
gets C+AF.

A

Ktor gets:
— YES C + AF for winning PROMPT PAY.

— YES c + af for winning PROTEST.

*confirmed.