Agenda

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County Administrator's Report 9. 4.

BCC Regular Meeting

Technical/Public Service Consent

Meeting Date:	08/02/2018
Issue: Amendment to Standard Construction Contracts
From:	Paul Nobles
Department:	Asst County Administrator
CAO Approval:

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:

Form A: A/E Designed - Exhibit A, General Terms and Conditions, Section 4.5;

Form B: Construction - Exhibit A, General Terms and Conditions, Section 4.5;

Form C: Design/Build - Exhibit A, General Terms and Conditions, Section 3.5;

Form D: Road/Drainage - Exhibit A, General Terms and Conditions, Section 4.5; and

Form I: Bridges/Docks/Boat Ramps - Exhibit A, General Terms and Conditions, Section 4.5.

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 after 50% completion of construction services purchased pursuant to the contract.

As amended, the provision relating to the release of retainage shall now read as follows:

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. The retained ~~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.

If the Contract Amount is $200,000.00 or less, the following shall apply:
~~Due to circumstances beyond the Contractor’s control and a~~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.

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 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. 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.

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

Attachments
FORM A: Construction- A/E Designed
FORM B: Construction
FORM C: DESIGN-BUILD
FORM D: Road/Drainage
FORM I: Bridges, Docks and Boat Ramps