NOTICE TO RECEIVE SEALED BIDS

Transcription

1 NOTICE TO RECEIVE SEALED BIDS The Franklin County Board of County Commissioners will receive sealed bids from any qualified person, company or corporation interested in constructing: PHOTOVOLTAIC PANELS FOR THE FRANKLIN COUNTY COURTHOUSE ANNEX The project is located at 34 Forbes Street in Apalachicola, Florida, and consists of constructing photovoltaic panels on the roof of the courthouse annex and connecting the panels to the existing electrical system in the building. Completion date for this project will be 60 days from the date of the Notice to Proceed presented to the successful bidder. A mandatory pre-bid walk-thru is scheduled for Monday, December 19, 2011, at 10:00 a.m. The walk-thru will be held at the Planning and Building Department in the Courthouse Annex, 34 Forbes Street, Suite 1, Apalachicola, Florida The bid package can be obtained at the Franklin County website at under the Board of Commissioners heading. The bid must conform to section Florida Statutes, on public entity crimes. Liquidated damages for failure to complete the project on the specified date will be set at $ per day. The sealed bid must be clearly marked on the outside of the envelope PHOTOVOLTAIC PANELS COURTHOUSE ANNEX. The envelope should also bear on the outside the Bidder s name, address and license number, if applicable. Bids will be received until 4:30 p.m. (EST) on Friday, December 30, 2011, at the Franklin County Clerk s Office, Franklin County Courthouse, 33 Market Street, Suite 203, Apalachicola, Florida , and will be opened and read aloud on Tuesday, January 3, 2012, at the County Commission meeting held at the Courthouse Annex, 34 Forbes Street, Apalachicola, Florida. The Franklin County Board of County Commissioners reserves the right to waive any informality in any bid, to accept and/or reject any or all bids, and to accept the bid that in their best judgment will be in the best interest of Franklin County. All bids shall remain firm for a period of sixty days after the opening. All bidders shall comply with all applicable State and local laws concerning licensing registration and regulation of contractors doing business in the State of Florida. Questions should be addressed to Mark Curenton, Assistant County Planner, at , x-160 or mcurenton@fairpoint.net.

2 FRANKLIN COUNTY PHOTOVOLTAIC PANELS FOR THE COURTHOUSE ANNEX PROJECT # ARS017 SECTION INFORMATION FOR BIDDERS BIDS will be received by the Franklin County Board of County Commissioners (herein called the "OWNER"), at the Franklin County Clerk s Office until 4:30 p.m. Eastern Time, Friday, December 30, 2011, then opened and read aloud at the Board Meeting which begins at 9:00 a.m. Eastern Time on Tuesday, January 3, Each BID must be submitted in a sealed envelope addressed to Franklin County Board of County Commissioners, Franklin County Courthouse, 33 Market Street, Suite 203, Apalachicola, Florida Each sealed envelope containing a BID must be plainly marked on the outside as BID for PHOTOVOLTAIC PANELS COURTHOUSE ANNEX. The envelope should also bear on the outside the BIDDER'S name, address and license number, if applicable. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the Franklin County Board of County Commissioners, 33 Market Street, Suite 203, Apalachicola, Florida All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Two copies of the BID form are required. BID MUST BE ACCOMPANIED BY A BID BOND. A mandatory pre-bid walk-thru is scheduled for Monday, December 19, 2011, at 10:00 a.m. The walk-thru will be held at the Planning and Building Department in the Courthouse Annex, 34 Forbes Street, Suite 1, Apalachicola, Florida The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER. The OWNER shall provide to BIDDERS prior to BIDDING, all the information which is pertinent to the project. The CONTRACT DOCUMENTS contain the provisions required for construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve the CONTRACTOR from fulfilling any of the conditions of the contract. INFORMATION FOR BIDDERS

3 Each BID must be accompanied by a BID BOND payable to the OWNER for five percent (5%) of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will return the BONDS (if requested) of all except the three lowest responsible BIDDERS. When the Agreement is executed, the bonds of the two remaining unsuccessful BIDDERS will be returned (if requested). The BID BOND of the successful BIDDER will be retained until the PAYMENT BOND and PERFORMANCE BOND have been executed and approved, after which (if requested) will be returned. A certified check may be used in lieu of BID BOND. A PERFORMANCE BOND and a PAYMENT BOND each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract. Attorneys-in-fact who sign BID BONDS or PAYMENT BONDS and PERFORMANCE BONDS must file with each BOND a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the AGREEMENT and obtain the PERFORMANCE BOND and PAYMENT BOND within ten (10) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary AGREEMENT and BOND forms. In case of failure of a BIDDER to execute the AGREEMENT, the OWNER may consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the OWNER. The OWNER, within ten (10) days of receipt of acceptable PERFORMANCE BOND, PAYMENT BOND and AGREEMENT signed by the party to whom the AGREEMENT was awarded, shall sign the AGREEMENT and return to such party an executed duplicate of the AGREEMENT. Should the OWNER not execute the AGREEMENT within such period, the BIDDER may by WRITTEN NOTICE withdraw the signed AGREEMENT. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER. The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the AGREEMENT by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the AGREEMENT without further liability on the part of either party. The OWNER may make such investigations as deemed necessary to determine the ability of each BIDDER to perform the WORK, and each BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the AGREEMENT and to complete the WORK contemplated therein. INFORMATION FOR BIDDERS

4 A conditional or qualified BID may not be accepted. Award will be made to the lowest responsive responsible BIDDER. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to its BID. The low BIDDER shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when required to do so by the OWNER. The ARCHITECT is JOHNSON PETERSON ARCHITECTS, INC. The ARCHITECT'S address is 930 Thomasville Road, Suite 100, Tallahassee, FL 32303, (850) Contact for information on this project is: DOUG SHULER - (850) , FAX (850) , dshuler@jparchitects.com. END OF SECTION INFORMATION FOR BIDDERS

5 FRANKLIN COUNTY PHOTOVOLTAIC PANELS FOR THE COURTHOUSE ANNEX PROJECT #ARS017 SECTION BID FORM This proposal of (hereinafter called "BIDDER"), organized and existing under the laws of the State of doing business as ("a corporation", "a partnership" or "an individual") is hereby submitted to Franklin County Board of County Commissioners (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the construction of PHOTOVOLTAIC PANELS FOR THE COURTHOUSE ANNEX in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below. By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to its own organization, that this BID has been arrived at independently, without consultation, communication or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within 60 consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $ for each consecutive calendar day thereafter as provided in Item 18 of the General Conditions. BIDDER acknowledges receipt of the following ADDENDUM:. BID

6 The BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following prices: BID SCHEDULE NOTE: BIDS shall include sales tax and all other applicable taxes and fees. Item Description Qty. Unit Unit Price Total GENERAL COSTS 1 MOBILIZATION (2% of bid max) 1 BONDS AND INSURANCE (2% of bid 2 max) 1 SUBTOTAL 1 CONSTRUCTION COSTS 25kW Ballast Photovoltaic Panels System. See bid package for complete detailing 1 SUBTOTAL Lump Sum Lump Sum Lump Sum TOTAL BID Respectfully Submitted: Signature Title Date SEAL: (If Bid by Corporation) Company Name Address Phone Number BID

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9 PHOTOVOLTAIC PANELS PROJECT NO. ARS017 SECTION AGREEMENT THIS AGREEMENT, made this day of, 20, by and between, FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter call OWNER and, doing business as, Hereinafter call CONTRACTOR. WTNESSETH: That for and inconsideration of the payments and agreements herein after mentioned: 1. The CONTRACTOR will commence and complete the construction of the PHOTOVOLTAIC PANELS ON THE COURTHOUSE ANNEX. 2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 10 calendar days after the NOTICE TO PROCEED and will substantially complete the project within consecutive calendar days, thereafter, and to fully complete the project within consecutive calendar days, thereafter, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. Liquidated damages for failure to substantially complete the project within the specified time will be set at $ per day. Liquidated damages for failure to fully complete the project within the specified time will be set at $ per day. 4. The CONTRACTOR agrees to perform all the work described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of Dollars ($ ) or as shown in the BID. 5. The term CONTRACT DOCUMENTS means and includes the following: (A) ADVERTISEMENT FOR BIDS (B) INFORMATION FOR BIDDERS (C) BID FORM (D) BID BOND (E) AGREEMENT (F) PERFORMANCE BOND (G) PAYMENT BOND (H) NOTICE OF AWARD Page 1 of 3

10 (I) NOTICE TO PROCEED (J) WAGE DECISION FL (K) GENERAL CONDITIONS (L) APPLICATION AND CERTIFICATE FOR PAYMENT (M) TECHNICAL SPECIFICATIONS ADDENDA No., dated, The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. This Agreement shall be subject to the clauses contained in Attachment A, Attachment B, and Attachment C. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized official, the Agreement in three (3) copies, each of which shall be deemed an original on the date first written above. OWNER (SEAL) ATTEST: Marcia M. Johnson, Clerk FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS BY: Pinki Jackel, Chairman 33 Market Street, Suite 203 Apalachicola, Florida Page 2 of 3

11 CONTRACTOR (SEAL) ATTEST: Signature Name (Please Type or Print) Title (Please Type or Print) Name of Firm BY: Signature NAME: (Please Type or Print) TITLE: (Please Type or Print) ADDRESS: Federal Employer Identification Number: Page 3 of 3

12 ATTACHMENT A 1. Termination (Cause and/or Convenience) (a) (b) (c) This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in l(a) above. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but (l) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor s default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. (d) Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process. (e) (f) Upon termination, the local government may take over the work and may award another party a contract to complete the work described in this contract. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph (c) above. 2. Remedies Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration if the parties mutually agree or in a Florida court of competent jurisdiction. Page 1 of 2

13 3. Access to Records The local government, the Office of Energy, the U.S. Department of Energy, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 4. Retention of Records The contractor shall retain all records relating to this contract for six years after the local government makes final payment and all other pending matters are closed. 5. Environmental Compliance If this contract exceeds $100,000, the contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts over $100, Energy Efficiency The contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law ). 7. The employment of unauthorized aliens by any is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 8. The Contractor affirms that it is aware of the provisions of Section (2)(a), Florida Statutes, and that at no time has the Contractor been convicted of a Public Entity Crime. The Contractor agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. The Contractor shall insert a provision in accordance with this paragraph in all subcontracts for services in relation to this Agreement. Page 2 of 2

14 ATTACHMENT B This project requires reporting compliance with both the Davis Bacon Act and Buy American provision of the American Recovery Act. The attached information and related requirements are incorporated into the construction documents for compliance and related activities associated with reporting. The attached information is for compliance guidance and reporting requirements are in no way limited to the information provided. Contractor must confirm current reporting and audit provisions of each act at the time of contract award. This project will be federally audited and Johnson Peterson Architects, Inc. will be the Contract Officer required to certify all reporting. Davis-Bacon and Related Acts Davis-Bacon and Related Acts (40 USC 276a; 29 CFR Parts 1, 3, 5, 6 and 7) Who is Covered The Davis-Bacon and Related Acts (DBRA) are administered by the Wage and Hour Division. These Acts apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Basic Provisions/Requirements The Davis-Bacon Act requires that all contractors and subcontractors performing on federal contracts (and contractors or subcontractors performing on federally assisted contracts under the related Acts) in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits listed in the contract s Davis- Bacon wage determination for corresponding classes of laborers and mechanics employed on similar projects in the area. Davis-Bacon labor standards clauses must be included in covered contracts. Apprentices may be employed at less than predetermined rates if they are in an apprenticeship program registered with the Department of Labor or with a state apprenticeship agency recognized by the Department. Trainees may be Page 1 of 18

15 employed at less than predetermined rates if they are in a training program certified by the Department. Contractors and subcontractors on prime contracts in excess of $100,000 are required, pursuant to the Contract Work Hours and Safety Standards Act, to pay employees one and one-half times their basic rates of pay for all hours over 40 worked on covered contract work in a workweek. Covered contractors and subcontractors are also required to pay employees weekly and to submit weekly certified payroll records to the contracting agency. Employee Rights The Davis-Bacon and Related Acts provide laborers and mechanics on covered federally financed or assisted construction contracts the right to receive at least the locally prevailing wage rate and fringe benefits, as determined by the Department of Labor, for the type of work performed. The Wage and Hour Division and respective federal contracting agencies accept complaints of alleged Davis-Bacon violations. Recordkeeping, Reporting, Notices and Posters Notices and Posters Every employer performing work covered by the labor standards of the DBRA must post the WH-1321 Employee Rights Under the Davis-Bacon Act poster at the site of the work in a prominent and accessible place where it may be easily seen by employees. There is no particular size requirement. The wage determination must be similarly posted. Recordkeeping Under the DBRA, covered contractors must maintain payroll and basic records for all laborers and mechanics during the course of the work and for a period of three years thereafter. Records to be maintained include: Name, address, and Social Security number of each employee Each employee's work classifications Hourly rates of pay, including rates of contributions or costs anticipated for fringe benefits or their cash equivalents Daily and weekly numbers of hours worked Deductions made Actual wages paid Page 2 of 18

16 If applicable, detailed information regarding various fringe benefit plans and programs, including records that show that the plan or program has been communicated in writing to the laborers and mechanics affected If applicable, detailed information regarding approved apprenticeship or trainee programs Some of the records required to be kept under the law are also required under the Fair Labor Standards Act. See Wage and Hour Division Fact sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA). Reporting Each covered contractor and subcontractor must, on a weekly basis, provide the federal agency a copy of all payrolls providing the information listed above under Recordkeeping for the preceding weekly payroll period. Each payroll submitted must be accompanied by a Statement of Compliance. The contractor, subcontractor or the authorized officer or employee of the contractor or subcontractor who supervises the payment of wages must sign the weekly statement. Statements of Compliance are to be made on the form WH-347 "Payroll (For Contractors Optional Use)" or on any form with identical wording. This must be completed within seven days after the regular pay date for the pay period. Contractors may also be asked to submit, via survey, wage data that may be used by the Wage and Hour Division to determine the locally prevailing wage rates that will apply to workers on Davis-Bacon and DBRA-covered projects. The submission of wage data is encouraged, but voluntary. Contractors and others may use the WD-10 Form, Report of Construction Contractor s Wage Rates. Instructions for the WD-10 Davis--Bacon Wage Survey Report of Construction Contractor-s Wage Rates Information about Davis-Bacon Wage Surveys, including dates of current and future surveys, may be obtained at the Davis-Bacon and related Acts (DBRA) web site at Page 3 of 18

17 INSTRUCTIONS Use blue or black ink. Hand-print letters/numbers. Use one block for each letter, number, period, or space. If you use a typewriter or printer to complete this form, ignore the block spacing. Fill in circles completely. Use one WD-10 form for each construction project. This form is machine readable, and should not be copied. For additional forms, please contact ( ), OR fill out and submit your forms electronically using the following site on the World Wide Web: FORM SIDE 1 Sections 1 and 2 -- Contractor and Submitter Information 1. Fill in with information about your company. 2. Fill in with information about the submitter of the form. Sections 3, 4, 5, and 6 -- Project Information 3. Fill in information about the construction project your company worked on and the project's location and description. 4. Fill in one circle to identify if the project was subject to a federal or state wage determination. 5. Fill in one circle to identify yourself as either the general/prime contractor or a subcontractor. Page 4 of 18

18 5A. Indicate if you had no subcontractors, OR if you did, then indicate whether you are enclosing a list of subcontractors along with the WD-10 form, or if you submitted a list earlier. 5B. If you were the prime/general contractor, provide the date any work began on this project, the date the project ended (indicate if actual or estimated date), and the total project value. 5C. If you were a subcontractor, provide the date your work started and ended (indicate if actual or estimated date) and the subcontract value. 6. Mark the type of construction project your company worked on. If none of the construction types matches your project, fill in the circle next to OTHER, and indicate the type of construction in the blocks. If you selected APARTMENT BUILDING, NURSING/ASSISTED LIVING FACILITIES, or RESIDENTIAL, indicate the number of stories, and fill in the circle if there was a kitchen and/or a bath in each unit. FORM SIDE 2 Section 7 -- Classification and Fringe Benefits If you only supplied materials, and no employees worked on the project, then fill in the circle marked "Only Supplied Materials," skip the rest of section 7, and sign and date the form. The remainder of section 7 requests multiple types of information per classification. Fill in each item as defined and described as follows: Classification(s) are the position titles of jobs within your company (e.g., Carpenter, Electrician, Laborer, Crane Operator, etc.). Fill in one classification per line. If the workers in a classification are paid more than one hourly rate or different fringe benefits, please list them on separate lines. If more than 6 classifications and wage rates need to be listed for a project, report the additional classifications and wage rates on a new WD-10. On the new WD-10 fill out only Sections 1, 3, and 7. Page 5 of 18

19 GUAM SURVEY RESPONDENTS ONLY: LIST H2B VISA WORKERS SEPARATELY FROM OTHER REPORTED WORKERS IDENTIFY H2B WORKERS BY AN H2 AFTER THE CLASSIFICATION TITLE Example: H2B/Visa Carpenter CLASSIFICATION Carpenter H2 Non-H2B Carpenter CLASSIFICATION Carpenter Type of Work Performed - Explain the type of work that each classification performs (e.g., Laborer: landscape, unskilled, pipelayer; Carpenter: carpentry, drywall; Operator: backhoe, etc.). Examples: Section 7 -- Classification and Fringe Benefits (continued) Peak Week Ending Date is the week you had the largest number of employees in a classification. Number of Employees is the largest number of employees working in this classification on this project. Hourly Rate is the dollar amount you paid employees per hour working in this classification. CBA -- If the employee is paid under a Collective Bargaining Agreement, fill in the circle that represents Yes, otherwise fill in the circle that represents No. Fringe Benefits are paid in addition to the hourly rate. Report only the costs or contributions incurred by your company, NOT the employees. Do not include Page 6 of 18

20 costs paid by the employer that are required by either Federal, State, or local law such as worker's compensation or unemployment insurance. Fill out the information under each fringe benefit that applies. Health & Welfare -- Medical or hospital care, or insurance to provide such care, life insurance, long-- or short--term disability, sickness, or accident insurance. Pension (401K, etc.) -- Retirement/401K, defined contribution plans (including savings and thrift, deferred profit sharing and money purchase pension), annuity cost, or cost of insurance to provide such a benefit. Apprentice Training -- Defrayment of the cost of apprenticeship or similar training programs. Vacation & Holiday -- The payment of compensation for holidays and vacation. Additional Fringe -- If you are not sure of the category of the fringe benefit(s), enter the rate information in the column, and specify the fringe type in the "Description of Any Additional Fringe" field at the bottom of the form. Fringe benefits can be paid by a straight dollar amount, or by a percentage of the basic hourly rate. Indicate the cost or contribution your company paid to this classification during the peak week of this project. If the fringe benefits were paid by a straight dollar amount: Dollars ($) per Employee (EMP.) per Mark the circle before $ per EMP. per Fill in the dollar value in the blocks provided. Include the decimal position when you fill in the dollar amount. Do not include the $ sign. (Example: 1.50 for one dollar and fifty cents.) Page 7 of 18

21 Indicate how often this dollar value was paid in the block following $ per EMP. per with the values as follows: H for Hourly, D for daily, W or weekly, M for monthly, and A for annually/yearly. Example - If an employee was provided a straight dollar amount of $1.50 on a weekly basis for health and welfare: Item 8 -- Comments or Remarks and Signature Comments or remarks -- Provide comments or additional information. Signature -- Submitter must sign and date the form. KEY TERMS Apprentice -- A person employed and registered in a bonafide apprenticeship program. (If these Apprentices/Trainees are in a formal program approved by the U.S. Dept. of Labor, Bureau of Apprenticeship and Training (BAT), or a state apprenticeship agency recognized by BAT, then information regarding wages and fringe benefits need not be provided.) Helper -- A person that helps or assists and whose duties are distinct from the journey level class and laborer. General/Prime Contractor -- The principal contractor on the project. Subcontractor -- A contractor working on the project responsible for specific work but not the overall project. You are not a subcontractor for purposes of this survey if you supplied only materials. Page 8 of 18

22 Subcontractor List -- A machine--readable form for reporting the names and addresses of any subcontractors used by the contractor/subcontractor on the project being reported. Trainee -- A person registered in a construction occupation program. Penalties/Sanctions Contractors or subcontractors found to have disregarded their obligations to employees, or to have committed aggravated or willful violations while performing work on Davis-Bacon covered projects, may be subject to contract termination and debarment from future contracts for up to three years. In addition, contract payments may be withheld in sufficient amounts to satisfy liabilities for unpaid wages and liquidated damages that result from overtime violations of the Contract Work Hours and Safety Standards Act (CWHSSA). Contractors and subcontractors may challenge determinations of violations and debarment before an Administrative Law Judge. Contractors and subcontractors may appeal decisions by Administrative Law Judge's with the Department's Administrative Review Board. Final Board determinations on violations may be appealed to and are enforceable through the federal courts. Falsification of certified payroll records or the required kickback of wages may subject a contractor or subcontractor to civil or criminal prosecution, the penalty for which may be fines and/or imprisonment. Relation to State, Local, and Other Federal Laws Since 1931, Congress has extended the Davis-Bacon prevailing wage requirements to some 60 related Acts which provide federal assistance for construction through loans, grants, loan guarantees, and insurance. These Acts include by reference the requirements for payment of the prevailing wages in accordance with the Davis-Bacon Act. Examples of the related Acts are the American Recovery and Reinvestment Act of 2009, the Federal-Aid Highway Acts, the Housing and Page 9 of 18

23 Community Development Act of 1974, and the Federal Water Pollution Control Act. The Copeland "Anti-Kickback" Act prohibits contractors from in any way inducing an employee to give up any part of the compensation to which he or she is entitled under his or her contract of employment, and requires contractors to submit a weekly statement of the wages paid to each employee performing DBRA covered work. Contractors on projects subject to DBRA labor standards may also be subject to additional prevailing wage and overtime pay requirements under State and local laws. Also, overtime work pay requirements under CWHSSA and the Fair Labor Standards Act may apply. Compliance Assistance Available The Department of Labor provides employers, workers, and others with clear and easy-to-access information and assistance on how to comply with the Davis-Bacon and Related Acts, such as the DBRA Forms page. Other compliance assistance related to the Act including the Davis-Bacon and Related Acts (DBRA) Web Page and regulatory and interpretive materials is available on the Compliance Assistance "By Law" Web page. Also, the Wage Determinations OnLine (WDOL) Web site provides a single location for federal contracting officers to obtain Davis-Bacon wage determinations for use in covered contracts. The WDOL Web site library provides a variety of links that relate to compliance with the prevailing wage laws that apply to federal and federally assisted contracts. DOL Contacts Wage and Hour Division Contact WHD Tel: USWAGE ( ); TTY: All reporting must be completed at with two copies printed. One for Johnson Peterson Architects, Inc. compliance agent records and certification and one for Contractor hard copy. All reporting must be supplied to Johnson Peterson Architects, Inc. within 24 hours of Page 10 of 18

24 reporting deadline per the US Department of Labor. Wage determinations current at the time of bid submittal may be found at DOCUMENTING COMPLIANCE WITH THE RECOVERY ACT BUY AMERICAN PROVISIONS SUBJECT: GUIDANCE FOR RECIPIENTS OF RECOVERY ACT FINANCIAL ASSISTANCE FROM THE OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY ON DOCUMENTING COMPLIANCE WITH THE RECOVERY ACT BUY AMERICAN PROVISIONS. PURPOSE: To provide information on the roles and responsibilities of different stakeholders in documenting compliance with section 1605 (the Buy American provisions) of the Recovery Act. SCOPE: This guidance applies to State, Local and Tribal Government recipients and sub-recipients (grantees and subgrantees) of Recovery Act financial assistance from the Office of Energy Efficiency and Renewable Energy (EERE). LEGAL AUTHORITY: Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act; Pub. L ) sets forth the Buy American provisions for recipients of Recovery Act financial assistance. DEFINITIONS: Public building or public work means a public building of, or a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; state and local governments; and multi-state, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy Page 11 of 18

25 generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. Indian tribes are also considered governmental entities for the purpose of defining public building or public work and are therefore subject to the Buy American provisions of the Recovery Act. A manufactured good is defined as a good brought to the construction site for incorporation into the public building or work that has been processed into a specific form and shape or combined with other materials to create a material that has a different property than the individual raw materials. There is no requirement with regard to the origin of components or subcomponents in manufactured goods used in a project, as long as the manufacturing occurs in the United States. 1 GUIDANCE: Recipients of EERE financial assistance funded by the Recovery Act must comply with the requirement in section 1605 that all of the iron, steel, and manufactured goods used for a project for the construction, alteration, maintenance, or repair of a public building or public work be produced in the United States, unless one of the three listed exceptions applies and EERE issues a waiver, or a recipient can legally avail itself of the United States obligations under international agreements. Recipients should retain documentation that supports their compliance with the Buy American provisions. During post-award monitoring activities, which may include desk reviews, on-site reviews, audits, and other activities, recipients may be asked to produce records sufficient to verify compliance with the Recovery Act Buy American provisions. Such documentation could include: (1) language in contractual documents that obligates sub-recipients and/or contractors to comply with the Buy American provisions; (2) receipts for items produced domestically indicating such; (3) a documented certification from the contractor, vendor, distributor, supplier, or manufacturer verifying that the product was manufactured domestically; (4) detailed and verifiable information supporting the claim that the manufactured Page 12 of 18

26 good has undergone substantial transformation in the United States; and/or (5) other reasonable documentation per the discretion of the state, local, or tribal government financial assistance recipient demonstrating compliance with the Buy American provisions. There are no specific requirements imposed by the Recovery Act or the Office of Management and Budget (OMB) guidance in 2 CFR 176 concerning the type of documentation necessary to prove compliance with the Recovery Act Buy American provisions. Therefore, grantees are encouraged to reference their obligations under the Department of Energy's Financial Assistance Rules, 10 CFR Part 600 and their individual financial assistance award provisions. Department of Energy Financial Assistance Rules State Recipients According to the Department of Energy's Financial Assistance Rules found at 10 CFR , Standards for financial management systems, Section (a) and sub-section (a)(2), A State must expend and account for grant funds in accordance with State laws and procedures for expending and accounting for its own funds. Fiscal control and accounting procedures of the State, as well as is subgrantees and cost-type contractors must be sufficient to -- [p]ermit the tracing of funds to a level of expenditures adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable statutes. Additionally, according to 10 C.F.R (a)(1), States shall ensure that every subgrant includes any clauses required by Federal statute and executive orders and their implementing regulations (including the Buy American provisions). Local Government and Tribal Recipients The Department of Energy's Financial Assistance Rules found at 10 CFR , Standards for financial management systems, Section (b)(2) Accounting records, states that [g]rantees [other than States] and subgrantees must maintain records which adequately identify the source and application of funds provided for financially-assisted activities For purposes of Buy American documentation, the types of documentation identified in the list above (numbers 1-5) should be sufficient to satisfy the Page 13 of 18

27 requirements set forth for State, local governments, and tribal recipients in the Financial Assistance Rules. However, States, local governments and tribes are encouraged to consult with their General Counsel s offices, to ensure compliance with the Buy American provisions and 10 CFR (a) and (b) more broadly. OMB Circular A-133 In addition to the procurement documentation guidance provided above, grantees should also be mindful of the standard Federal assistance audit guidance defined in OMB Circular A-133 for state and local governments. The DOE Acquisition and Financial Assistance Implementation Guide for the American Recovery and Reinvestment Act of 2009 [p. 3-3, section 3.4(1)] states: Non-Federal entities (States, local governments, tribes and non-profit organizations) are required by the Single Audit Act Amendments of 1996 (Single Audit) and OMB Circular A-133, to have an annual audit of the federal awards (e.g. grant programs). This requirement generally applies to Non- Federal entities that expend $500,000 or more in Federal awards in a fiscal year, and stipulates that they shall have a single or program-specific audit conducted for that year, in accordance with the provisions of OMB Circular A Recipients are encouraged to review OMB Circular A-133, Subpart B, Sections 200 through 235 for the audit requirements for Non-Federal assistance recipients. Additionally, recipients should review the Federal Audit Clearinghouse website for instructions on how to appropriately submit Single Audits. Single Audit Information for Recipients of American Recovery and Reinvestment Act Funds (2 CFR 176 Subpart D and OMB A-133 Compliance Supplement: Appendix VII) Recovery Act financial assistance recipients subject to OMB Circular A-133 should also closely follow 2 CFR (Subpart D) and OMB A-133 Page 14 of 18

28 Compliance Supplement: Appendix VII, general instructions regarding recipient responsibilities for tracking and documenting sub-recipient expenditures of Recovery Act funds on the Schedule of Expenditures of Federal Awards (SEFA). Sub-awards, Sub-recipients and Vendors The Special Terms and Conditions applicable to Recovery Act funded projects require that the financial assistance recipient flow down the Recovery Act special terms and conditions in any subaward or subcontract. In 2 C.F.R , the OMB defines the term "sub-award to include a "legal instrument to provide support for the performance of any portion of the substantive project or program for which the recipient received this award and that the recipient awards to an eligible sub-recipient." A sub-recipient means a "non-federal entity that expends Federal awards received from a pass-through entity to carry out a Federal program, but does not include an individual that is a beneficiary of such a program. A sub-recipient may also be a recipient of other Federal awards directly from a Federal awarding agency." (2 C.F.R ) Subcontract is defined as a legal instrument used by a recipient for procurement of property and services needed to carry out the project or program. Note that the definition of a sub-recipient in 2 C.F.R specifically excludes the recipient s procurement of property and services needed to carry out the project or program. This section refers to OMB Circular A-133 to distinguish between a sub-recipient and a vendor. A vendor is defined in OMB Circular A-133 as "a dealer, distributor, merchant, or other seller providing goods or services that are required for the conduct of a Federal program. These goods or services may be for an organization's own use or for the use of beneficiaries of the Federal program." Based on the fact that the Special Terms and Conditions flow down to all subawards and sub-contracts, and the fact that a vendor is not a subawardee, Page 15 of 18

29 sub-recipient, or subcontractor, the Recovery Act financial assistance recipient and sub-recipients are not required to flow down the Recovery Act's Special Terms and Conditions to vendors. However, financial assistance recipients, sub-recipients and subawardees are ultimatelyresponsible for complying with the Special Terms and Conditions, and should take whatever measures they deem necessary to ensure that the Buy American requirements of the Recovery Act are adhered to by their respective vendors. CONCLUSION: Please be advised that the Department of Energy cannot answer all questions on a case-by-case basis concerning the appropriate levels of documentation needed to verify compliance with the Recovery Act Buy American provisions. Therefore, financial assistance recipients should consult with their legal counsel in order to ascertain whether they have secured adequate documentation in accordance with the Department of Energy's Financial Assistance Rules found at 10 C.F.R To summarize, recipients of EERE Recovery Act financial assistance should take the following steps toward demonstrating compliance with the Buy American provisions: 1. State and local governments and tribes must follow their own procurement policies and procedures, per 10 CFR , Procurement, and are expected to maintain maximum oversight over their project and procurement activities with regards to Buy American compliance. 2. Recipients should maintain documentation at a level they feel is appropriate to show compliance with the Recovery Act Buy American provisions. a. A list of recommended documentation is outlined above. 3. In addition, in order to ensure broader compliance with any potential audit, grantees should (1) determine whether a single audit or program audit is applicable (see OMB Circular A-133), and should then initiate the appropriate audit review process. 4. Moreover, grantees subject to OMB Circular A-133 should also maintain ongoing compliance with SEFA requirements (2 CFR and OMB A- 133 Compliance Supplement). Page 16 of 18

30 Resources for further review: Department of Energy's Financial Assistance Rules [10 C.F.R. Part600] Section 1605 (Buy American provisions) of the American Recovery and Reinvestment Act (Pub. L ) ode=2: &idno=2 Full Text of the American Recovery and Reinvestment Act (Pub. L ) r.pdf OMB Circular A-133: This document identifies Audit roles and responsibilities pertaining to the State and local governments, including tribal entities. OMB Circular A-133 Compliance Supplement Appendix VII Other OMB Circular A-133 Advisories: 2 CFR : This section of the Code of Federal Regulations provides the guidelines for the required Recovery Act expenditure documentation Page 17 of 18

31 pertaining to Recovery Act Transactions Listed in the Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Sub-recipients. ode=2: &idno=2 Federal Audit Clearinghouse: DOE Acquisition and Financial Assistance Implementation Guide for the American Recovery and Reinvestment Act of Page 18 of 18

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42 Project: PHOTOVOLTAIC PANELS COURTHOUSE ANNEX Notice of Award Date: Owner: Franklin County Board of County Commissioners Owner's Contract No.: ARS017 Contract: Bidder: Bidder's Address: FPID No: You are notified that your Bid dated, 2011 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Photovoltaic panels at the Courthouse Annex. The Contract Price of your Contract is 00/100 Dollars ($ ). 3 copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. You must comply with the following conditions precedent with ten (10) days of the date you receive this Notice of Award. 1. Deliver to the Owner 3 fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the General Conditions. 3. Other conditions precedent:. Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. By: Chairman Franklin County Board of County Commissioners Page 1 of 1

43 Notice to Proceed Date: Project: PHOTOVOLTAIC PANELS COURTHOUSE ANNEX Owner: Franklin County Board of County Commissioners Owner's Contract No.: ARS017 Contract: FPID No: Contractor: Contractor's Address: You are notified that the Contract Times under the above Contract will commence to run on. On or before that date, you are to start performing your obligations under the Contract Documents. The date of Substantial Completion is, (60 days) and the date of readiness for final payment is ( 75 days). Before you may start any Work at the Site, the General Conditions provides that you and Owner must each deliver to the other certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must:. Franklin County Board of County Commissioners Owner Given by: Authorized Signature Chairman Title Date Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1

44 file:///c:/users/faulke/appdata/local/temp/rgt7q6e5.htm Page 1 of 4 11/3/2011 > General Decision Number: FL /17/2011 FL149 Superseded General Decision Number: FL State: Florida Construction Type: Building County: Franklin County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 03/12/ /14/ /10/ /17/2011 * ELEC /01/2011 Rates Fringes ELECTRICIAN...$ ENGI /01/2010 Rates Fringes OPERATOR: Crane Gantry Crane & Bridge Crane.$ Tower Crane; Locomotive Crane; Crawler Crane; Truck Crane; & Hydro Crane..$ * IRON /01/2009 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING...$ * SUFL /22/2009 Rates Fringes CARPENTER...$ CEMENT MASON/CONCRETE FINISHER...$ LABORER: Common or General...$ LABORER: Pipelayer...$ OPERATOR: Backhoe/Excavator...$

45 file:///c:/users/faulke/appdata/local/temp/rgt7q6e5.htm Page 2 of 4 11/3/2011 OPERATOR: Paver...$ PAINTER: Brush, Roller and Spray...$ PLASTERER...$ PLUMBER...$ ROOFER: Built Up, Composition, Hot Tar and Single Ply...$ SHEET METAL WORKER, Includes Installation of HVAC Duct...$ TRUCK DRIVER: Dump and 10 Yard Haul Away...$ 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 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

46 file:///c:/users/faulke/appdata/local/temp/rgt7q6e5.htm Page 3 of 4 11/3/2011 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 ) 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 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. 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 ) All decisions by the Administrative Review Board are final.

47 file:///c:/users/faulke/appdata/local/temp/rgt7q6e5.htm Page 4 of 4 11/3/2011 END OF GENERAL DECISION

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