Loading...
Attachments A-F 11/16/2011 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: November 30, 2011 TO: Bob Stone, Director Middle Keys Operations FROM: Isabel C. DeSantis, D.0 At the November 16, 2011, Board of County Commissioner's meeting, the following was approved: Item F16 Ratification of Attachments A through F as part of the "Energy Retrofit-Jackson Square" Contract documents and Agreement withfElbctroni€ Syste cSeryices:Anc Approved at the September 21, 2011 BOCC meeting. Enclosed is a photo copy of the above-mentioned for your records. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File r� ATTACHMENT A f-TI -- CD PUBLIC CONSTRUCTION BOND r, ::0 tD CD BY THIS BOND, We Electronic System Services, Inc. , as Principal and FCCI Insurance Company , a corporation, as Surety, are bound to Monroe County , herein called Owner, in the sum of $ 599,000.00 for payment of which we bind ourselves, or heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that If Principal: 1. Performs the contract dated September 21, 2011, between Principal and Owner for construction of Energy Retrofit -Jackson Square the contract being made a part of this band by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal In the prosecution of the worn provided for in the contract and 3, Pays Owner all losses, damages, including damages for delay, expenses, costs, and attorney's fees. Including appellate proceedings, that Owner sustains because of a defau by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond Is void; otherwise R remains in full force. Any action instituted by a claimant underthis bond for payment must be in accordance with the notice and time limitation provisions in Section 255,05(2), Florida Statues. Any changes In or under the contract documents and compliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATF—D on September 21 01 1 i --7- Flectroni ern Sery nc. (NAME OF PRINCIPAL) BY _ Matthew D. Bevins(AS ATTORNEY -IN -FACT) Company_ (NAME OF 4,-JRE1-Y) PUBLIC CONSTUCTION BOND FCCI® Bid Bond INSURANCE GROUP PROTECTING BUSINESS, PROPERTY AND PEOPLE GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Matthew D. Bevins, D. Michael Sherman, Steven C. Bueltel Erin Howard, Heather L. Cox Each, its true and lawful Attorney -In -Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $2,500,000): $1,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. In witness whereof, the FCCI Insurance Company has caused these presents to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 3rd day of June 2011 Attest: o P°agr�s'o: Crai hn n, President : �:` a F '.7 Debra ouglas, EVP and Co rate Secretary FCCI nsur ce Company = u SEAL FCCI Insurance Co pany Inya �<OR10P:: State of Florida County of Sarasota ^^ Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the foregoing document for the purposes expressed therein. ARLENE CUEMAN My commission expires: 9/25/2012 Notary PLWC, State of Fbrba ---_• My Comm. Expires Sept.26,2012 No. ODUB122 Notary Nota Public State of Florida County of Sarasota Before me this day personally appeared Debra Douglas, who is personally known to me and who executed the foregoing document for the purposes expressed therein. ARLENE CUEMAN My commission expires: 9/25/2012 Notary Public, State of Fbd& My Comm. Expires Sept.25,2012 Notary No. 00MI22 Public CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this i t day of 20 t ( Debra Douglas, Corpor Secretary 1-IONA-3592-NA-04, 5/11 FLORIDA ENERGY AND CLIMATE COMMISSION ATTACHMENT B SPECIAL AUDIT REQUIREMENTS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS The administration of resources awarded by the Florida Energy and Climate Commission (hereinafter referred to as the "Commission") to the recipient (hereinafter referred to as the "grantee" or "recipient"), may be subject to audits and/or monitoring by the Commission, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Commission staff, limited scope audits as deemed by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as deemed in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this park 2. In connection with the audit requirements addressed in Part I, paragraph 1. the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A- 133, as revised, the cost of the audit must be paid from non -Federal resources (i. e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfdalcfda.html. FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -speck audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. 1 n connection with the audit requirements addressed in paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97, Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non- state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. The recipient must include the record keeping requirements found herein in subcontractor agreements entered into for work required under terms of this Agreement. In the executed subcontract, the recipient shall provide each subcontractor of state financial assistance the information needed by the subcontractor to comply with the requirements of Section 215.97, Florida Statutes. Pursuant to Section 215.97, Florida Statutes, the recipient shall review and monitor subcontractor audit reports and perform other procedures as specified in the agreement with the subcontractor, which may include onsite visits. The recipient shall require subcontractors, as a condition of receiving state financial assistance, to permit the independent auditor of the recipient, the Commission, the Chief Financial Officer, the Chief Inspector General and the Auditor General access to the subcontractor's records and independent auditor's working papers as necessary to comply with the requirements of Section 215.97, Florida Statutes. 5. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:Hanns.fldfs_com!fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: The Florid Legislature's Website at http://www.leiz.state.fl.us/Welcometindex.cfm. the State of Florida's websiteat http://www.mvfloridacom/, the Department of Financial Services' Website at http://www.fldfs.conVand the Auditor General's Website at http://www.state.fl.us/audgen. PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Florida Energy and Climate Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399-0001 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320((), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399-0001 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Florida Energy and Climate Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399-0001 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building Ill West Madison Street Tallahassee, Florida 32399-1450 RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow access to such records upon request by the Commission or its designee, Chief Financial Officer or Auditor General. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Commission. Atachment C - wage Determination FL162.dvb General Decision Number: FL100162 10/29/2010 FL162 Superseded General Decision Number: FL20080162 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number 0 1 2 3 ELEC0349-003 08/31/2009 Publication Date 03/12/2010 03/19/2010 03/26/2010 10/29/2010 Rates Fringes ELECTRICIAN Electrical contracts including mateials that are over $2,000,000......... $ 29.61 8.71 Electrical contracts including materials that are under $2,000,000........ $ 27.15 8.44 ---------------------------------------------------------------- ENG10487-004 01/01/2010 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity...... .......$ 28.05 8.75 Yard Crane, Hydraulic Crane, Cpacity 15 Ton and under .......................$ 21.00 8.75 ---------------------------------------------------------------- IRON0272-004 10/01/2006 Rates Fringes IRONWORKER, REINFORCING AND STRUCTURAL .......................$ 26.70 6.43 ---------------------------------------------------------------- * PAIN0365-004 08/01/2010 Rates Fringes PAINTER: Brush Only .............$ 16.00 6.20 ---------------------------------------------------------------- SFFL0821-001 01/01/2010 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) ......................$ 26.80 14.30 ---------------------------------------------------------------- Page 1 Atachment C - wage Determination FL162.dvb SHEE0032-003 01/01/2009 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation Only) ...............$ 24.42 11.36 ---------------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes CARPENTER ........................$ 15.08 5.07 CEMENT MASON/CONCRETE FINISHER ... $ 12.45 0.00 FENCE ERECTOR ....................$ 9.94 0.00 LABORER: Common or General ...... $ 8.62 0.00 LABORER: Pipelayer..............$ 10.45 0.00 OPERATOR: Backhoe/Excavator..... $ 16.98 0.00 OPERATOR: Paver .................$ 9.58 0.00 OPERATOR: Pump ..................$ 11.00 0.00 PAINTER: Roller and Spray Only .............................$ 11.21 0.00 PLUMBER ..........................$ 12.27 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply .......................$ 14.33 0.00 SHEETMETAL WORKER (Excluding HVAC Duct Installation) .......... $ 14.41 3.61 TRUCK DRIVER: Dump and 10 Yard Haul Away ...................$ 8.00 0.15 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "Su" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have Page 2 Atachment C - wage Determination FL162.dvb been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying wage determination * a wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling on survey related matters, initial contact, including requests for summaries of surveys, should be with the wage and Hour Regional Office for the area in which the survey was conducted because those Regional offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. with regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction wage Determinations. write to: Branch of Construction Wage Determinations wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the war and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7�. Write to: wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. Page 3 Atachment C - Wage Determination FL162.dvb 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 4 IS, Q) U a �co 3 zN mEL �F ow 2 w � 1 0 ` i U q W 2 0 a �P 0 z W LLI a o 0 a 0 e to IsW,10 O m o N o to o m o y o y o m o N zZ w F Y U LU SNOIldVO)G O U (± ONUMOHHLM Ao 'ON m� � h W 0 z� ❑ z o o� c7 cm Z� O g Z� Za'A $ Wg m U Z n 4P U Z W W ra �O O Z r 8 W .6 W H W N W �W Zp(q F $lu �a �U a ZC O FAN U 4 W X q�F w W WW F F j W Z J = r r (L o �F55 �m ppm � Q 4D 8 C� ° C� co fA 1] m m J 0 .° m m� mmto Q' LYC E ��c �� E go n m c� W �cE ��`°tE' 0 E�Lm r m m `o •ffi •c "� C O •m L m N C 0 Z l0 ILI W WQ � E V N 5 p- T 0] C � m � 7 � m � � � m � m 9g!!��� m g£ m c p a a�z v >° H � 0 ism$0o- >� LU � W c— ctoc X �Ypio i m w W c s r$ m� a H 4 WE a c m t'i L m °.—°1° SE-0 m:-1v Q mEmo 'iE�� Er $$1510 00 ages.°� ° aco m°Z=mac a t'n °oU E �mt� Q 3Emv 0� m cO o c Zvi mmo�oo`o r°c w LEo `o _ m > > r m l y c W m o(�� W 10 oL a H W a LO d m o �° V o$Lmm mm�� E�W Z aim w o m C �� C��� LY'� m F !A m 0 m m GD I� C Z °1 > am ¢(�O0C Wm mmraE ° >,o�v m w E iW tZ aC,4 mm Es ❑E�is o I W m � pp O_ m fA F C CA�O L C m C F L � �mLL F- m m m �� 32 EN� �� —we Attachment E I ARM STANDARDS INTERVIEW CONTRACT NUMBER AND LOCATION EMPLOYEE INFORMATION LAST NAME FIRST NAME MI NAME OF PRIME CONTRACTOR STREET ADDRESS NAME OF EMPLOYER CITY STATE ZIP CODE SUPERVISOR'S NAME WORK CLASSIFICATION WAGE RATE LAST NAME FIRST NAME MI ACTION CHECK BELOW YES NO Do you work over 8 hours per day? Do you work over 40 hours per week? Are you paid at least time and a half for overtime hours? Are you paid for all hours worked? Do you receive a 30-minute break for every 6 hours worked? Have you ever been threatened or coerced into giving up any part of your pay? Are you receiving any cash payments for fringe benefits required by the posted wage determination decision? Examples of 'bona fide" fringe benefits include (but are not limited to) life insurance, health insurance, pension, vacation, holidays, and sick leave WHAT DEDUCTIONS OTHER THAN TAXES AND SOCIAL SECURITY ARE MADE FROM YOUR PAY? BEFORE THIS INTERVIEW? (YYMMDD) PROJECT? (YYMMDD) DUTIES PERFORMED TOOLS USED I HAVE READ THE ABOVE AND CERTIFY IT TO BE CORRECT TO THE BEST OF MY KNOWLEDGE EMPLOYEE'S SIGNATURE DATE (YYMMDD) X INTERVIEWER'S SIGNATURE DATE (YYMMDD) INTERVIEWER'S COMMENTS WORK EMPLOYEE WAS DOING WHEN INTERVIEWED ACTION (If explanation is needed, use comments section) YES NO I IS EMPLOYEE PROPERLY CLASSIFIED AND PAID? I I ARE WAGE RATES AND POSTERS DISPLAYED? I I FOR USE BY PAYROLL CHECKER IS ABOVE INFORMATION IN AGREEMENT WITH PAYROL DATA? []YES ONO COMMENTS CHFCKFR LAST NAME FIRST NAME MI JOB TITLE SIGNATURE DATE (YYMMDD) AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1445 (REV. 7-06) Attachment F Know Your Rights Under the Recovery Act! Did you know? The American Recovery and Reinvestment Act of 2009 1 provides protections for certain employees of non-federal employers who make specified disclosures relating to possible fraud, waste and/or abuse or Recovery Act funds. Who is protected? Employees of non-federal employers receiving recovery funds. This includes State and local governments, contractors, subcontractors, grantees or professional membership organizations acting in the interest of recovery fund recipients. How are Whistleblowers Protected? You cannot be discharged, demoted or otherwise discriminated against as a reprisal for making a protected disclosure. What types of disclosures are protected? The disclosure must be made by the employee to the Recovery Accountability and Transparency Board, an Inspector General, the Comptroller General, a member of Congress, a state or federal regulatory or law enforcement agency, a person with supervisory authority over the employee, a court or grand jury, or the head of a federal agency or his/her representatives. The disclosure must involve information that the employee believes is evidence of. • gross mismanagement of an agency contract or grant relating to recovery funds; • a gross waste of recovery funds; • a substantial and specific danger to public health or safety related to the implementation or use of recovery funds; • an abuse of authority related to the implementation or use of recovery funds; or • a violation of law, rule, or regulation related to an agency contract or grant awarded or issued relating to recovery funds. Take Action! Log on to Recovery.gov for more information about your rights and details on how to report at www.recovery.gov. 1 Section 1553 of Division A Title XV of the American Recovery and Reinvestment Act of 2009, P.L. 111-5 Attachment G EMPLOYEE RIGHTS UNDER THE DAVIS-BACON ACT FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING You must be paid not less than the wage rate listed in the Davis -Bacon WAGES Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis -Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment. APPRENTICES PROPER PAY Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below: or contact the U.S. Department of Labor's Wage and Hour Division. For additional information: ' S6 1=866=44SWAGE .fTffF: •t w (1-866-487-9243) TY: 1-877-889-5627 "''" " s�°�" `"`h VIA KWAGEHOUR.DOLT.GOV U.S. Department of Labor I Employment Standards Administration I Wage and Hour Division W H 1321(Re-d April 2W9)