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County Administrator's Report 10. 12.
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| BCC Regular Meeting |
Technical/Public Service Consent |
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| RECOMMENDATION: |
Recommendation Concerning Amendments to Standard Construction Contracts - Paul Nobles, Purchasing Manager, Office of Purchasing
That the Board approve Amendments to the Standard Construction Contracts, as follows:
1. Form A: A/E Designed - Exhibit A, General Terms and Conditions, Progress Payments, E-Verify and other non-substantive revisions;
2. Form B: Construction - Exhibit A, General Terms and Conditions, Progress Payments, E-Verify and other non-substantive revisions;
3. Form C: Design/Build - Exhibit A, General Terms and Conditions, Progress Payments, E-Verify and other non-substantive revisions;
4. Form D: Road/Drainage - Exhibit A, General Terms and Conditions, Progress Payments, E-Verify and other non-substantive revisions;
5. Form F: Consulting Services for Task Orders - Exhibit A, General Terms, E-Verify and other non-substantive revisions;
6. Form G: Consulting Services for Stand-Alone Projects - Exhibit A, General Terms, E-Verify and other non-substantive revisions;
7. Form H: Consulting Services for Study - Exhibit A, General Terms, E-Verify and other non-substantive revisions; and
8. Form I: Bridges/Docks/Boat Ramps - Exhibit A, General Terms and Conditions, Progress Payments, E-Verify and other non-substantive revisions. |
| BACKGROUND: |
| The proposed Amendments to the Standard Construction Contracts incorporate requirements of the Local Government Prompt Payment Act, as provided in §218.735(8), Florida Statutes, relating to the release of retainage of construction services purchased pursuant to the Contract and Employment Eligibility Verification, in accordance with §448.095, Florida Statutes.
Exhibit A
General Terms and Conditions
Section X. Progress Payments.
X.X a) If the Contract Amount is $200,000.00 or less, the following shall apply:
County shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the County for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due. Any interim interest on such sums shall accrue to County. At the County’s sole discretion, a percentage of the amount retained from the gross amount of each monthly payment may be reduced prior to final completion of the Project and said percentage released to the Contractor upon receiving a certificate of substantial completion and approval from the Architect/Engineer.
b) If the Contract Amount is in excess of $200,000.00, the following shall apply:
After fifty-percent 50% completion of Work, the County shall reduce the retainage to retain five percent (5%) of the gross amount of each monthly payment request or five percent (5%) of the portion thereof approved by the County for payment, whichever is less. After fifty percent (50%) completion of Work, the Contractor may request payment of up to one-half of the retainage held by the County, and the County shall make payment unless there are grounds for withholding the payment of retainage. Such sum shall be accumulated and not released to Contractor until final payment is due. Any interim interest on such sums shall accrue to County. At the County’s sole discretion, a percentage of the amount retained from the gross amount of each monthly payment may be reduced prior to final completion of the Project and said percentage released to the Contractor upon receiving a certificate of substantial completion and approval from the Architect/Engineer. This subsection shall not apply if the project is paid, in whole or in part, with federal funds and subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act.
The County shall not pay or release any amounts that are the subject of a good faith dispute, claim, or demand.
Release of any portion or percentage of sums retained prior to final completion of the Project shall in no way imply approval or acceptance of Contractor’s work.
X.X Monthly payments to Contractor, including the release of any portion or percentage of sums retained prior to final completion of the Project, shall in no way imply approval or acceptance of Contractor’s work.
XX.X Employment Eligibility Verification.
In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding Executive Order 11-02; Verification of Employment Status), in the event performance of this Agreement is or will be funded using state or federal funds, the CONTRACTOR must comply with the Employment Eligibility Verification Program (“E-Verify Program”) developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. If applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the CONTRACTOR must (1) enroll in the E-Verify Program, (2) use E-Verify to verify the employment eligibility of all new hires working in the United States, except if the CONTRACTOR is a state or local government, the CONTRACTOR may choose to verify only new hires assigned to the Agreement; (3) use E-Verify to verify the employment eligibility of all employees assigned to the Agreement; and (4) include these requirement in certain subcontracts, such as construction. §448.095, Florida Statutes, Contractor shall register with and utilize the E-Verify System operated by the United States Department of Homeland Security to verify the employment eligibility of all new employees hired during the term of the Agreement and shall expressly require any subcontractors performing work or providing services pursuant to this Agreement to likewise utilize the E-Verify System to verify the employment eligibility of all new employees hired by the subcontractor during the term of this Agreement. If Contractor enters into a contract with a subcontractor performing work or providing services on its behalf, Contractor shall also require the subcontractor to provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Information on registration for and use of the E-Verify System can be obtained via the internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify. |
| BUDGETARY IMPACT: |
| N/A |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The Amendments to the Standard Construction Contracts were prepared by Senior Assistant County Attorney, Kristin D. Hual. |
| PERSONNEL: |
| N/A |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| The Board must approve amendments to the Standard Contracts. |
| IMPLEMENTATION/COORDINATION: |
| N/A |
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