HomeMy WebLinkAboutRFP - 7293 AMI END POINT INSTALLATION SERVICES3
ADDENDUM No. 3
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of BID 7293: AMI End Point Installation
OPENING DATE: 3:00 PM (Our Clock) November 3, 2011
To all prospective bidders under the specifications and contract documents described
above, the following changes/additions are hereby made and detailed in the following
sections of this addendum:
1. All proposers shall include the signed NDA with your submittal. It is important that
only the confidential and proprietary items become a part of this agreement and they
are clearly marked by the proposer. (NDA attached)
2. Vendors may wish to review the attached guidelines issued by DOE for the Smart
Grid Investment Grant Program concerning the Davis-Bacon Act (DBA), specifically
item #5. (Attachment – 6 pages)
3. In section 9.1.1, Minimum Requirement #1 reads:
The Offeror shall provide proof of demonstrated and successful end point
installation of an integrated water and electric AMI technology solution at the
same utility with a minimum of 20,000 electric metering points and 10,000 water
metering points. As an alternative, the Offeror shall provide proof of
demonstrated and successful end point installation of a single electric AMI
technology solution at a utility with a minimum of 20,000 electric metering points,
AND demonstrated and successful end point installation of a single water AMI
electric technology solution at another utility with a minimum of 10,000 water
metering points.
Fort Collins provides the following amended clarification: If the Offeror proposes
a combined “prime” and named “subcontractor” proposal to fulfill the
requirements under this RFP, both the Prime and subcontractor are required to
meet the above requirement.
4. In Appendix E, Tab 3 Water Meter Information, the number of Neptune Pro Read
registers will be revised, this revised count will be provided in the next amendment
planned to be issued Friday, October 21, 2011.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
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Please contact Opal Dick, CPPO, Senior Buyer, Buyer at (970) 221-6778 with any
questions regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN
STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS
ADDENDUM HAS BEEN RECEIVED.
Addendum 3 - 7293 AMI End Point Installation Page 2 of 10
NONDISCLOSURE AGREEMENT
This NONDISCLOSURE AGREEMENT is made this ____ day of ___________,
2011, by and between _________________ , and the City of Fort Collins (“City”).
1. Purpose. The Parties wish to explore a business opportunity of mutual interest and in
connection with this opportunity, each party may disclose to the other certain confidential
technical and business information which the disclosing party desires the receiving party to
treat as confidential.
2. “Confidential Information” means any information marked or identified as
confidential information, disclosed by either party (the “Disclosing Party”) to the other party
(the “Receiving Party”), either directly or indirectly, in writing, orally or by inspection of
tangible objects including, without limitation, documents, prototypes, samples, software,
inventions, processes, formulas, technology, designs, drawings, engineering, hardware
configuration information, marketing, finances or other business information. Confidential
Information shall not, however, include any information which (i) was publicly known and made
generally available in the public domain prior to the time of disclosure by the Disclosing Party;
(ii) becomes publicly known and made generally available after disclosure by the Disclosing
Party to the Receiving Party through no action or inaction of the receiving party; (iii) is already
in the possession of the receiving party, without confidentiality restrictions, at the time of
disclosure by the disclosing party as shown by the receiving party’s files and records
immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third
party without a breach of such third party’s obligations or confidentiality; (v) is independently
developed by the receiving party without use of or reference to the disclosing party’s
Confidential Information, as shown by documents and other competent evidence in the receiving
party’s possession; or (vi) is required by law to be disclosed by the receiving party, provided that
the receiving party gives the disclosing party written notice of such requirement prior to such
disclosure and assistance in obtaining an order protecting the information from public disclosure.
3. Non-use and Non-Disclosure. Each party agrees not to use any Confidential
Information of the other party for any purpose except to evaluate and engage in discussions
concerning a potential business relationship between the parties. Each party agrees not to
disclose any Confidential Information of the other party to third parties or to such party’s
employees, except to those employees of the receiving party who are required to have the
information in order to evaluate or engage in discussions concerning the contemplated business
relationship. Neither party shall reverse engineer, disassemble or decompile any prototypes,
software or other tangible objects which embody the other party’s Confidential Information and
which are provided to the party hereunder.
4. Maintenance of Confidentiality. Each party agrees that it shall use its best efforts to
protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information
of the other party. Without limiting the foregoing, each party shall take at least those measures
that it takes to protect its own most highly confidential information and shall ensures that its
employees who have access to Confidential Information of the other party are aware of the
requirements of this Agreement prior to any disclosure of Confidential Information to such
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employees. In the event that the City receives a request under the Colorado Open Records Act
(“CORA”) that may apply to Confidential Information, the City will notify Discloser of the
request. In the event that the City determines it must disclose Confidential Information to comply
with CORA, Discloser may, at its own cost and expense, seek an order from a court of competent
jurisdiction as to whether the requested information is subject to disclosure under CORA.
5. No Obligation. Nothing herein shall obligate either party to proceed with any
transaction between them, and each party reserves the right, in its sole discretion, to terminate the
discussions contemplated by this Agreement concerning the business opportunity; any such
termination shall not relieve a party of its obligations under this Agreement.
6. No License. Nothing in this Agreement is intended to grant any rights to either party
under any patent or copyright of the other party, nor shall this Agreement grant any party any
rights in or to the Confidential Information of the other party except as expressly set forth herein.
7. Term. This Agreement shall be effective as of the date on which it has been executed
by both parties, but its terms shall apply to all disclosures of Confidential Information made prior
to the effective date and the agreement will terminate on the first anniversary of the effective
date.
8. Remedies. Each party agrees that any violation or threatened violation of this
Agreement will cause irreparable injury to the other party, entitling the other party to seek
injunctive relief.
9. Miscellaneous. This Agreement shall bind and inure to the benefit of the parties
hereto and their successors and assigns. This Agreement shall be governed by the laws of the
State of Colorado, without reference to conflict of laws principles. This document contains the
entire agreement between the parties with respect to the subject matter hereof. Any failure to
enforce any provisions of this Agreement shall not constitute a waiver thereof or of any
provision. This Agreement may not be amended, nor any obligation waived, except by a writing
signed by both parties hereto.
City of Fort Collins, Colorado
[Offeror]
By: By:
Name: Name:
Title: Title:
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Questions and Answers for the Smart Grid Investment Grant Program
1
January 12, 2010 Davis-Bacon Act
Davis-Bacon Act (DBA)
1. Where can we obtain additional information?
For additional information, please visit the U.S. Department of Energy (DOE) Office of Electricity
Delivery and Energy Reliability (OE) web site at: http://www.oe.energy.gov/
You may also visit the U.S. Department of Labor (DOL) Wage and Hour Division or call the DOL
Wage-Hour Toll-Free Information and Helpline between 8 a.m. and 5 p.m. (in your time zone):
1-866-4US-WAGE (1-866-487-9243).
2. What circumstances would cause the DBA to apply to the DOE Smart Grid Investment
Grant (SGIG) Program?
The American Recovery and Reinvestment Act of 2009 (ARRA) provided $3.4 billion in funding
for OE’s SGIG Program. Section 1606 of ARRA specifies that laborers and mechanics employed
by contractors and subcontractors on construction projects funded directly by or assisted in
whole or in part under ARRA, which includes the DOE-funded SGIG program, must be paid at
least the wages rates prevailing in the locality in accordance with the DBA.
The Department of Labor has previously decided that where the public utility is furnishing its
own materials and is in effect extending its own utility system, such work is not subject to the
DBA. However, new construction undertaken by a contractor or subcontractors would be
subject to the Davis-Bacon Act. Undertaking new construction using American Recovery and
Reinvestment Act (ARRA) funding will require the contractor to pay the DBA prevailing wage.
3. Are local government utility employees subject to DBA?
Local units of government are not considered by the Department of Labor to be contractors or
subcontractors, and their workers are not covered by DBA. However, contractors and
subcontractors of State and local units of government are DBA-covered. Accordingly, any
contracts awarded by the local government utility must include the DBA labor clauses and
applicable wage determination(s) for laborers and mechanics performing construction.
4. If Davis-Bacon Act requirements apply to SGIG Program funded projects, would DOE consider
requesting “project wage determinations” from the DOL to address the situations where (a)
there is no general wage determination in effect for that county and/or type of construction;
or (b) there is no classification in the general wage determination?
(a) If the utility and the DOE determine that a request for a project wage determination (Project
WD) is necessary, the Contracting Officer will make a request for a Project WD from the DOL.
Additional information on requesting a Project WD, including the circumstances in which a
request for a project wage determination is appropriate, can be found at
http://www.dol.gov/whd/programs/dbra/faqs/page46.htm.
(b) If there is no general wage determination in effect for a county, a conformance must be
requested from DOL. The DOE Contracting Officer will work with the utility to obtain the
necessary conformance. Additional information on the conformance process may be found at:
http://www.wdol.gov/db_confrmnce.aspx
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Questions and Answers for the Smart Grid Investment Grant Program
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January 12, 2010 Davis-Bacon Act
5. There is no published wage determination for meter installation among the general wage
determinations and believe this is an area where a project wage determination would be
particularly useful.
The DBA would not be applicable to the installation of meters by the utility. The Department of
Labor has previously decided that where the public utility is furnishing its own materials and is in
effect extending its own utility system, such work is not subject to the DBA. The result is the
same where the utility company may contract out such work for extending its utility system and
the equipment remains the property of the utility.
6. Does “construction, alteration or repair (including painting and decorating),” for purposes of
the Davis Bacon Act (Section 24 of the Special Terms), include installation of a smart meter or
in-home energy consumption monitoring network equipment in a utility customer’s home?
No, the DBA would not be applicable to the installation of a smart meter or in-home energy
consumption monitoring network equipment in a utility customer’s home. This is equipment
installation. The Department of Labor has previously indicated in its Field Operations Handbook,
Section 15d06, and Solicitor Opinions, as incorporated into All Agency Memorandum number
38, that “where the public utility is furnishing its own materials and is in effect extending its own
utility system, such work is not subject to the DBA. The result is the same where the utility
company may contract out such work for extending its utility system and the equipment
remains the property of the utility.”
7. Does “construction, alteration or repair (including painting and decorating),” for purposes of
the Davis Bacon Act (Section 24 of the Special Terms), include the installation of consumption
monitoring equipment?
The installation of consumption monitoring equipment would also not be covered by the DBA
where the utility is furnishing the equipment and in effect extending its own utility systems and
is equipment installation. Further, in addition, if the construction work necessary to install the
equipment is of an incidental nature to the furnishing of the equipment, the DBA would not
apply. For example, if a few screws are needed to mount a small device to the wall of a home,
then the installation of the equipment would be minor and incidental to the equipment
purchase and would not be subject to the DBA.
8. Does “construction, alteration or repair (including painting and decorating),” for purposes of
the Davis Bacon Act (Section 24 of the Special Terms), include building towers to transmit
meter data back to the utility?
The building of towers or other new construction undertaken by a contractor or subcontractors
would be subject to the DBA. Undertaking new construction using ARRA funding will require the
contractor to pay the DBA prevailing wage. Construction consists of the ground preparation and
the building of the tower. Once the tower is built and accepted by the utility, then installation
of any equipment on the tower would not be covered by DBA.
9. Is the $2,000 Davis- Bacon Act threshold based on the entire amount of the contract, including
equipment costs, or only on labor costs?
The $2,000 DBA threshold applies to the total cost of a contract; it is not based on contract labor
costs alone.
10. What forms are utilities and their contractors to use?
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Questions and Answers for the Smart Grid Investment Grant Program
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January 12, 2010 Davis-Bacon Act
Please use the standard DOL forms. Forms are available on the www.wdol.gov webpage. For
example the Certified Payroll form can be found at:
http://www.dol.gov/esa/whd/forms/wh347.pdf
11. Which workers are covered by DBA and which are not?
The DBA applies to laborers and mechanics employed at the work site. Auditors, inspectors, and
other personnel not performing physical or manual work at the site of the work are not covered
by DBA.
12. Are working foreman covered by the DBA?
Yes, working foremen are covered for the time they spend working as a laborer or mechanic.
Time spent filling our forms or ordering supplies is not DBA-covered work.
13. Are workers classified as independent contractors or "1099 workers" covered by DBA?
Yes, workers performing the duties of laborers or mechanics on DBA-covered projects are
entitled to DBA wages and must be listed on the contractor's certified payroll record.
14. Exactly what activities are covered by DBA? Travel time to the job site; time spent loading and
unloading trucks; time spent in the warehouse or classroom training?
The DBA requirements apply to laborers and mechanics employed on the site of work. Time
spent at the home office, picking up supplies, traveling to the work site, in classroom training,
etc., are not DBA hours. However, the non-DBA hours may count towards overtime for covered
workers if DBA hours and non-DBA hours exceed 40 hours in a week.
15. How do you track overtime if a subcontractor only works a fraction of his hours on a SGIG
program project, but works more than 40 hours/week?
The DOL Wage and Hour Division is responsible for enforcement of Federal overtime pay
requirements under the Fair Labor Standards Act and the Contract Work Hours and Safety
Standards Act. Additional information is available on the Wage and Hour website at
http://www.dol.gov/esa/whd/overtime_pay.htm.
16. Does DBA apply to workers of material suppliers who might deliver materials to a job site?
No. Material suppliers are not DBA-covered if they spend only an incidental amount of time
performing work at the construction site.
17. Can employers report all activities (labor and non-labor hours) for employees who spend part
of their day on an ARRA-funded job site on the certified payroll or must they separate out and
list only the labor hours for the reporting requirement?
Employers must separate out the DBA covered hours from the non-DBA covered hours. Only the
hours that a laborer or mechanic performs work on a DBA covered project on the certified
payroll; however, the employee’s entire earnings and deductions are also indicated on the
certified payroll.
18. Are employers able to take fringe benefit credit against the DBA prevailing wage
requirements?
Wages under the DBA include both the cash wages and "bona fide" fringe benefits that are
provided to laborers and mechanics. A covered employer may discharge its prevailing wage
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Questions and Answers for the Smart Grid Investment Grant Program
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January 12, 2010 Davis-Bacon Act
obligation for the payment of both straight time wages and fringe benefits by (1) paying both in
cash, (2) making payments or incurring costs for "bona fide" fringe benefits, or, (3) by a
combination thereof. Examples of fringe benefits include health insurance, pension
contributions, and paid time off. The use of a company truck or employer required payments
into Social Security or worker's compensation insurance are not examples of fringe benefits.
Employers can take credit for their bona fide fringe benefit costs towards meeting the applicable
prevailing wage rate.
19. What wage rate should I use?
The payment of DBA wages is based upon the site where the construction work is performed.
The DOL issues general wage determinations for a given area (usually by county) for numerous
job classifications (i.e., carpenter, power equipment operators, cement workers, etc.). The
employer must assure that the employee is paid at least the prevailing wage rate for the
classification of work that the employee performs.
20. What is a certified payroll and where can I find a copy with instructions for completing it?
All laborers and mechanics employed on the work site must be paid, unconditionally, at least
once a week. Covered employers must submit a certified payroll on a weekly basis. The
employer must sign the certified payroll, affirming that the information is complete and
accurate. Falsification of the certified payroll record can result in debarment from future
contracts for up to three years and /or criminal penalties.
A copy of a certified payroll form (WH-347) can be found on the Labor Department's Wage and
Hour Division ARRA website at http://www.dol.gov/esa/whd/recovery/.
21. Does the owner of a contracting company have to be listed on the certified payroll record if
they also perform the duties of a laborer or mechanic at the work site? Are owners of the
business covered by the DBA?
Bona fide owners who are exempt pursuant to Department of Labor regulations, found at 29
CFR Part 541, are not laborers and mechanics and are not subject to the DBA. DOE recommends
that owners of a business who also perform construction work list themselves on the certified
payroll and under the column for "Work Classification" insert the word "owner." Additionally,
the owner of a contracting or subcontracting company, or authorized officer or employee who
supervises the payment of wages must sign the Statement of Compliance for the certified
payroll.
22. Will it be permissible for weekly certified payrolls to be aggregated and submitted to the
Contract Administrator on a monthly basis?
No. Certified payrolls are required to be submitted weekly.
23. Would DOE be willing to work with grant awardees and the DOL to address non-wage
considerations (e.g., weekly pay requirements) that could significantly increase administrative
costs without advancing the goals of the ARRA and SGIG?
While DOE can help direct the grantees to the appropriate offices within DOL, the issue
regarding the frequency of payroll is one for the DOL. ARRA specifies that laborers and
mechanics employed by contractors and subcontractors on construction projects funded
directly by or assisted in whole or in part under ARRA must be paid at least the wage rates
prevailing in the locality in accordance with the DBA. The DOL has developed regulations to
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Questions and Answers for the Smart Grid Investment Grant Program
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January 12, 2010 Davis-Bacon Act
assure compliance with the DBA and those regulations require that all laborers and mechanics
employed on the work site must be paid, unconditionally, at least once a week. Covered
employers must submit a certified payroll on a weekly basis. Only the DOL could grant such a
request and DOE is not aware of DOL having done so. There is a DOE-led webinar on completing
certified payrolls that may address your compliance questions. The webinar can be found at:
http://apps1.eere.energy.gov/weatherization/. Other questions may be directed to the relevant
Contracting Officer.
24. Is it acceptable for a recipient utility to maintain electronically created certified payroll from
the contractor, if the document has a proper electronic signature?
Yes, current law establishes that the proper use of electronic signatures on certified payrolls and
related compliance statements carry the same legal effect as handwritten signatures. Electronic
certification documents are sufficient for compliance purposes under the DBA and may be
accepted and maintained by the recipient utility in compliance with its requirement to maintain
the records on behalf of DOE. The recipient utilities are responsible for ensuring the accuracy of
the electronic signature process, and the proper retention and accessibility of the electronically
transmitted documents.
25. Is it acceptable for contractors to scan the certified payrolls and send the scanned copy to the
recipient utility?
No, scanned documents do not carry the same legal effect as handwritten signatures for DOL
enforcement purposes. As such, a contractor may not simply scan the certified payroll and
forward to the recipient utility. The recipient utility, in turn, may not maintain such scanned
certified payrolls as fulfillment of its requirements to maintain the records on behalf of DOE.
26. Are there going to be exemptions from DBA pay requirements for workers in training? For
example, can utilities or contractors pay a training wage and then have that wage modified to
meet the prevailing wage rate once training is completed and the worker starts actual
production?
A training or apprentice wage can be paid only if the trainee is registered in a DOL approved
apprenticeship or training program or with a State Apprenticeship Agency recognized by DOL.
Otherwise, the individual is to be paid the DBA rate for the classification of work that they are
performing regardless of their skill level.
27. What is the recipient's role in overseeing DBA compliance? Do they include reporting and
record keeping requirements?
As set forth in the Davis-Bacon Act Requirements clause, recipients are responsible as part of
their oversight role for ensuring compliance with DBA requirements by contractors and
subcontractors. These clauses will specifically identify and clarify the responsibilities of
recipients under the SGIG program. These responsibilities include reporting and recordkeeping
requirements; obtaining, maintaining, monitoring and reviewing the payroll records of
contractors and subcontractors; and assisting DOE in its DBA enforcement responsibilities. DOE
is ultimately responsible for ensuring DBA compliance on ARRA funded SGIG projects. Recipient
oversight functions are similar to prime and subcontractor DBA compliance responsibilities
under a Federal contract.
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Questions and Answers for the Smart Grid Investment Grant Program
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January 12, 2010 Davis-Bacon Act
28. Who is responsible for ensuring contractor compliance as well as timely and accurate
reporting from contractors?
Recipients are responsible for ensuring compliance with DBA requirements by contractors and
lower-tier subcontractors. Many of the requirements, including reporting and recordkeeping,
flow down contractors and lower-tier subcontractors. Contractors hired by utilities to perform
construction work also have compliance responsibilities as well as reporting requirements. The
specific responsibilities will be set forth in the DBA clauses, which will be included in the grants
and as well as the contracts issued to contractors and lower tier subcontractors. However, DOE
is ultimately responsible for ensuring compliance and enforcement of DBA on ARRA funded SGIG
projects.
29. Is the 3 year retention for certified payrolls on site or off site?
All certified payroll records must be retained for a period of 3-years after completion of the
project. The utility may store the records at an off-site secure storage area out of its on-site
offices once it has reviewed the records for accuracy. The records may be maintained either on-
site or off-site for the 3-year retention period. The records, whether stored on-site or off-site
should be maintained so as to be easily retrieved should DOE, DOL, or an authorized agent
require the records for an audit.
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