Item F16BOARD OF COUNTY COMNIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 16, 2011 Division: Public Works
Bulk Item: Yes x No De artment: Facilit Maintenance/Corrections
P
Staff Contact Person/Phone #: Bob Stone
797-1458
AGENDA ITEM WORDING: Approval and ratification of Attachments A through F as part of the
"Energy Retrofit -Jackson Square" contract documents and Agreement with
gr Electronic System
Services, Inc.
ITEM BACKGROUND: Attachments A through F are part of the contract documents and were not
attached to agenda Item C31 of the September 21, 2011 MCBOCC meeting.
PREVIOUS RELEVANT BOCC ACTION: On Se tember 21 2011 MCBG
P � CC approved execution
and awarded contract to Electronic System Services, Inc. for the "Energy Retrofit
. gy —
Jackson Square
project (Item C31). On June 15, 2011, the MCBGCC approved advertising for construction
P g truct�on bids.
January 19, 2011, the MCBGCC approved Task Order PW-HDR-001 with HD ' R Engineering for
energy audit and design services. On November 9, 2010 Grant Agreement No. ARS010 � was executed
by
and between the MCB GCC and the Florida Energy and Climate Commission.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: NIA
BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: NIA
COST TO COUNTY: NIA I SOURCE OF S: Grant
No. ARS010
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH
e��OMB/Purchasing
AMOUNT PER YEAR
APPROVED BY: County Atty � Risk
� Management
DOCUMENTATION. Included x
DISPOSITION:
Revised 7/09
Not Required
AGENDA ITEM #
ATTACHMENT A
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We , as Principal
and , a corporation, as Surety, are bound
to , herein called Owner, in the sum of
$ 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 , 2 O , between
Principal and Owner for construction of the
contract being made a part of this bond 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 work 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 default
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 it remains in full force.
Any action instituted by a claimant under this 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.
DATED on
2011
BY
(NAME OF PRINCIPAL)
(AS ATTORNEY -IN -FACT)
(NAME OF SURETY)
PUBLIC CONSTUCTION BOND
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 defined by OMB Circular A-13 3, 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 defined 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 part.
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. ARSOIO
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 -specific 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:Happs.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.leg.state.fl.us/Welcome/index.cfm, the State of Florida's website at http://www.myflorida.com/, the Department
of Financial Services' Website at http://www.fldfs.com/ and 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. ARSOIO
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
----------------------------------------------------------------
S FFL0821-001 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) (i i )) .
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 a 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 wage 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
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Attachment E
LABOR 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?
HOW MANY HOURS DID YOU WORK ON YOUR LAST WORK DAY I DUTIES PERFORMED � TOOLS USED
BEFORE THIS INTERVIEW?
DATE OF LAST WORK DAY BEFORE INTERVIEW (YYMMDD)
WHEN DID YOU BEGIN WORK ON THIS PROJECT? (YYMMDD)
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
IS EMPLOYEE PROPERLY CLASSIFIED AND PAID?
ARE WAGE RATES AND POSTERS DISPLAYED?
FOR USE BY PAYROLL CHECKER
IS ABOVE INFORMATION IN AGREEMENT WITH PAYROL DATA? DYES ❑NO
COMMENTS
rHFrKFR
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'.
Didyou 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. a
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 Apprentice rates apply only to apprentices properly registered under
approved Federal or State apprenticeship programs.
PROPER PAY 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.
ENT �FI For additional information:
� 9
I =866=4=USWAGE WHO
z3
LSTArEso�� (1-866-487-9243) TTY. 1-877-889-5627 U.S. Wage and Hour Division
WWW.WAGEHOUR.DOL.GOV
U.S. Department of Labor I Employment Standards Administration I Wage and Hour Division
WH 1321(Revised April 2009)