105-Attachment_D_Reporting.Guide.pdf
CHARGEPOINT AMERICA INSTALLATION REPORTING AND COMPLIANCE GUIDE
OVERVIEW
ChargePoint America is a Federal Grant provided by the Department of Energy (DOE) funded through
the American Recovery and Reinvestment Act (ARRA). As such, certain requirements must be met by all
contractors and subcontractors working to install electric vehicles station equipment (EVSE) as part of
the Grant. The Davis Bacon and Related Acts (DBRA) requires all contractors and subcontractors
performing work on federal or District of Columbia construction contracts or federally assisted contracts
to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for
corresponding classes of laborers and mechanics employed on similar projects in the area. The
prevailing wage rates and fringe benefits are determined by the Secretary of Labor. For the ChargePoint
America program, construction includes all alterations, improvements and/or repair, including painting
and decorating, performed on a site in performance of the installation of EVSE.
In addition to the Davis Bacon Act itself, Congress added Davis-Bacon prevailing wage provisions to
approximately 60 laws"Related Acts"under which federal agencies assist construction projects
through grants, loans, loan guarantees, and insurance. Generally, the application of prevailing wage
requirements to projects receiving federal assistance under any particular "related" Act depends on the
provisions of that law. Some examples of related acts:
The Contract Work Hours and Safety Standards Act (CWHSSA) requires payment at time and one-half of
the basic hourly rate of pay for overtime (OT) hours (over 40 hours in any seven day work week) worked
on covered project(s).
The Copeland (Anti-Kickback) Act makes it a crime for anyone to require any laborer or mechanic
employed on a federally funded project to pay back any part of his or her wages. In addition, the Act
prohibits any deductions from pay other than those specifically listed as permissible. The Copeland Act
also requires that contractors and subcontractors at all tiers submit weekly certified payrolls.
The Fair Labor Standards Act (FLSA) requires payment of the federal minimum wage rates and overtime
premium. FLSA applies to most employers in the U.S. These requirements generally apply to any work
performed and may be superseded by other federal standards such as DBA prevailing wage
requirements and CWHSSA O/T provisions.
The U.S. Department of Labor (DOL) has oversight responsibilities to assure coordination of
administration and consistency of enforcement of the labor standards provisions of the Davis Bacon and
Related Acts. Under this authority, DOL has issued regulations establishing standards and procedures for
the administration and enforcement of the Davis-Bacon labor standards provisions. Federal contracting
agencies have day-to-day responsibility for administration and enforcement of the Davis-Bacon labor
standards provisions in covered contracts for which they are responsible or to which they provide
federal assistance under laws they administer.
Within DOL, the Wage and Hour Division (WHD) is responsible for administration and enforcement of
the DBRA.
Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008-6901
APPLICABLE LAWS AND REGULATIONS
Below is a summary list of compliance regulations for ChargePoint America:
Davis-Bacon Act (DBA) - Requires payment of prevailing wages to laborers and mechanics employed on
federal and federally assisted construction projects.
Reorganization Plan of 1950
29 CFR Part 1 - Regulations describing the procedures for predetermination of wage rates.
29 CFR Part 3 - Regulations regarding contractors and subcontractors on public building or public work
financed in whole or in part by loans or grants from the United States.
29 CFR Part 5 - Regulations regarding labor standards provisions applicable to contracts covering
federally financed and assisted construction.
29 CFR Part 6 - Regulations describing the Rules of Practice for administrative proceedings enforcing
labor standards in federal and federally assisted construction contracts and federal service contracts.
29 CFR Part 7 - Regulations describing practice before the Administrative Review Board with regard to
federal and federally assisted construction contracts.
RECORDKEEPING
Under the Davis-Bacon and Related Acts (DBRA), covered contractors must maintain payrolls and basic
records and submit certified weekly payrolls. Although use of Form WH-347 is optional, the form will
satisfy the requirements of Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to payrolls submitted in
connection with contracts subject to the DBRA. Records to be maintained include:
Name, address, and social security number of each employee;
Each employee's work classification(s);
Hourly rate(s) of pay (including rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof);
Daily and weekly numbers of hours worked;
Deductions made; and
Actual wages paid.
See 29 CFR 5.5(a)(3) for further information.
Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008-6901
CONTRACTOR COMPLIANCE OVERVIEW
The following briefly outline the construction steps required for contractors and sub-contractors to
comply with DBRA and ChargePoint America program. Reporting for a job is site specific. YOU MUST
TRACK AND REPORT SEPARATELY FOR EVERY INTALLATION LOCATION.
PRE-CONSTRUCTION STEPS
1. Information and Contract Review: The ChargePoint America Grant recipient, Contractor and/or
Subcontractors should review and acknowledge any bids, wages paid, and other applicable laws
for DBRA compliance.
2. Execution of Contractor Installation Agreement: Subcontractor and Grant recipient will execute
and submit to Coulomb or an authorized Coulomb agent a completed ChargePoint America
installation agreement. This document is available from Coulomb or its authorized agents.
3. Wage Determination: The Contractor and/or Subcontractor shall download the applicable DOL
Davis-Bacon Wage Determination for the work from the DOL website:
http://www.wdol.gov/dba.aspx#0
Once on the selection page, choose the state, county, and Construction Type. Construction Type
\[PICK THIS FOR COMMERCIAL INSTALLATIONS\],
\[PICK THIS FOR RESIDENTIAL INSTALLATIONS\].
Note: if you have any questions about the category of worker, please contact your program
manager or the Department of Wages and Labor for assistance.
retain for your records.
4. Worksite Poster: The contractor shall maintain posted on site a copy of the Davis-Bacon and
Related Acts poster (form WH-1321) containing a copy of the wage determination and the
contact number of the Coulomb or DOE representative. You can write the Coulomb address and
telephone number in this section as follows:
Coulomb Technologies, Inc.
1692 Dell Ave
Campbell, CA 95008
(408) 841-4500
The poster is available at:
http://www.dol.gov/whd/regs/compliance/posters/davis.htm
Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008-6901
CONSTUCTION STAGE STEPS
1. Weekly Payroll Reports: Covered Contractors have the option to use form WH-347 to report
payroll. This can be submitted in lieu of Certified Payroll Reports (CPR), but does NOT exempt
the contractor from retaining CPR records. This form has been made available for the
convenience of contractors and subcontractors required to comply with the Recovery Act. This
form will satisfy the requirements of Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to
payrolls submitted in connection with contracts subject to the DBRA. These documents are to be
filled out and submitted to Coulomb or its authorized agent for the duration of construction.
Where a short duration installation exists (1 to 2 weeks) retain and submit the documents as a
complete package.
Optionally, covered contractors may submit weekly CPRs for contractors and/or subcontractors.
Review the CPRs for payment of correct wage and fringe benefit amounts, copy for record and
forward the originals to the Coulomb.
All CPRs or WH- should be obtained and submitted to the Coulomb or its authorized agents
on a timely basis.
2. On-Site Inspection: Coulomb or DOE may perform periodic on-site wage-compliance monitoring
during the course of construction. The contractor must make their employees available for
interview at the job site by Coulomb, or DOE representatives. The interviews are confidential,
and the employee will be asked about the duties performed, hours worked and compensation
paid.
POST CONSTRUCTION STAGE STEPS
1. Complete ChargePoint America Installation Summary Report
Grant Recipient and/or Contractor MUST submit within (5) days of work completion to Coulomb
or authorized agent a copy of the Installation Summary Report (next page) outlining the costs
incurred for each installation site with supporting documentation. Fill out the form completely,
including:
A) Name, Address and License Number of Contractor or Subcontractor.
B) Location of the installation (address).
C) Itemized breakdown of labor and materials, including permit costs.
2. Copies of receipt(s) or Invoice(s):
Attach copies of all receipts, invoices, certified payroll or WH-347 form supporting claims made
on the Installation Summary Report
3. Submit Form and Documentation to Coulomb or Distributor
Mail, Fax or Email completed installation cost documentation to Coulomb or Authorized Partner.
Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008-6901
CHARGEPOINT AMERICA INSTALLATION SUMMARY REPORT
Instructions: For each jobsite where EVSE work has been completed, fill out this form completely and
sign at the bottom (Grant recipient or Coulomb authorized partner/installer). The documents must be
submitted within five (5) days of work completion. Attach copies of all documents supporting the
expenditures. Mail, Fax or Email documents to: Coulomb Technologies Attn: ChargePoint America
Program, 1692 Dell Ave, Campbell, CA 95008. Fax: (408) 370-3847 Email: info@chargepointamerica.com
NAME OF GRANT RECIPIENT: _____________________________________________________________
PROJECT NAME AND LOCATION: __________________________________________________________
NAME OF CONTRACTOR: ________________________________________________________________
ADDRESS: ____________________________________________________________________________
PHONE: ________________ EMAIL: __________________ CONTRACTOR LICENSE #: ________________
SECTION B: INSTALLATION EXPENSES
MATERIAL EXPENSES TOTAL $ _______________
LABOR EXPENSES TOTAL $ _______________
PERMIT EXPENSES TOTAL $ _______________
TOTAL INSTALLATION EXPENSES $ _______________
I, the undersigned below, do hereby state: 1) That the above information is accurate 2) That during the
payroll period commencing on this project, all persons employed on said project have been paid the full
weekly wages earned in compliance with Davis Bacon and Related Acts (DBRA) 3) The attached
documentation is accurate.
NAME (PRINT): ________________________________________________________________________
TITLE: ________________________________________________________________________________
SIGNATURE: __________________________________________________________________________
DATE: _______________________________________________________________________________
The willful falsification of any of the above statements may subject the contractor or subcontractor to
civil or criminal prosecution. See Section 1001 of Title 18 and Section 231 or title 31 of the United
Stations Code.
Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008-6901
INSTRUCTIONS TO COMPLETE FORM WH-347
The use of the WH-347 payroll form is not mandatory. This form has been made available for the
convenience of contractors and subcontractors required to comply with the Recovery Act. Properly filled
out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to
payrolls submitted in connection with contracts subject to the DBRA. Optionally, actual payroll records
may be submitted.
A correctly filled out sample form can be found here:
http://www.wheda.com/root/uploadedFiles/Website/Wheda_Products/Regulations/Sample%20WH_34
7.pdf
This form meets needs resulting from the amendment of Davis-Bacon Act to include fringe benefits
provisions. Under this amended law, the contractor is required to pay not less than fringe benefits as
predetermined by the Department of Labor, in addition to payment of not less than the predetermined
rates. The contractor's obligation to pay fringe benefits may be met either by payment of the fringes to
the various plans, funds or programs or by making these payments to the employees as cash in lieu of
fringes.
This payroll provides for the contractor's showing on the face of the payroll all monies to the employees,
whether as basic rates or as cash in lieu of fringes and provides for the contractor's representation in the
statement of compliance on the rear of the payroll that he is paying to other fringes required by the
contract and not paid as cash in lieu of fringes. Detailed instructions concerning the preparation of the
payroll follow:
Contractor or Subcontractor: Fill in your firm's name and check appropriate box.
Address: Fill in your firm's address.
Column 1 - Name, Address, and Social Security number of Employee: The employee's full name must be
shown on each weekly payroll submitted. The employee's address must also be shown on the payroll
covering the first week in which the employee works on the project. The address need not be shown on
subsequent weekly payrolls unless his address changes. Although not required by Regulations, Parts 3
and 5, space is available in the name and address section so that Social Security numbers may be listed.
Column 2 - Withholding Exemptions: This column is merely inserted for the employer's convenience and
is not a requirement of Regulations, Part 3 and 5.
Column 3 - Work Classifications: List classification descriptive of work actually performed by employees.
Consult classification and minimum wage schedule set forth in contract specifications. If additional
classifications are deemed necessary, see Contracting Officer or Agency representative. Employee may
be shown as having worked in more than one classification provided accurate breakdown or hours so
worked is maintained and shown on submitted payroll by use of separate entries.
Column 4 - Hours worked: On all contracts subject to the Contract Work Hours Standard Act enter as
overtime hours worked in excess of 8 hours per day and 40 hours a week.
Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008-6901
Column 5 - Total: Self-explanatory
Column 6 - Rate of Pay, including Fringe Benefits: In straight time box, list actual hourly rate paid the
employee for straight time worked plus in cash in lieu of fringes paid the employee. When recording the
straight time hourly rate, any cash paid in lieu of fringes may be shown separately from the basic rate,
thus $3.25/.40. This is of assistance in correctly computing overtime. See "Fringe Benefits" below. In
overtime box shown overtime hourly rate paid, plus any cash in lieu of fringes paid the employee.
Payment of not less than time and one-half the basic or regular rate paid is required for overtime under
the Contract Work Hours Standard Act of 1962. In addition to paying no less than the predetermined
rate for the classification which the employee works, the contractor shall pay to approved plans, funds
or programs or shall pay as cash in lieu of fringes amounts predetermined as fringe benefits in the wage
determination made part of the contract.
FRINGE BENEFITS - Contractors who pay all required fringe benefits: A contractor who pays fringe
benefits to approved plans, funds, or programs in amounts not less than were determined in the
applicable wage determination of the Secretary of labor shall continue to show on the face of the payroll
the basic cash hourly rate and overtime rate paid to his employees just as he has always done. Such a
contractor shall check paragraph 4(a) of the statement on the reverse of the payroll to indicate that he is
also paying to approved plans, funds or programs not less than the amount predetermined as fringe
benefits for each craft. Any exceptions shall be noted in section 4(c). Contractors who pay no fringe
benefits: A contractor who pays no fringe benefits shall pay to the employee, and insert in the straight
time hourly rate column of the payroll, an amount not less than the predetermined rate for each
classification plus the amount of fringe benefits determined for each classification in the applicable
wage determination. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of
fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half
time premium on basic or regular rate, plus the required cash in lieu of fringes at the straight time rate.
In addition, the contractor shall check paragraph 4(b) of the statement on the reverse of the payroll to
indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted
in Section 4(c).
Use of Section 4(c), Exceptions: Any contractor who is making payment to approved plans, funds, or
programs in amounts less than the wage determination requires is obliged to pay the deficiency directly
to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), whichever the
contractor may check, shall be entered in section 4(c). Enter in the Exception column the craft, and
enter in the Explanation column the hourly amount paid the employee as cash in lieu of fringes and the
hourly amount paid to plans, funds, or programs as fringes. The contractor shall pay, and shall show that
he is paying to each such employee for all hours (unless otherwise provided by applicable
determination) worked on Federal or Federally assisted project an amount not less than the
predetermined rate plus cash in lieu of fringes as shown in Section 4(c). The rate paid and amount of
cash paid in lieu of fringe benefits per hour should be entered in column 6 on the payroll. See paragraph
on "Contractors who pay no fringe benefits" for computation of overtime rate.
Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of the employees'
weekly wage was earned on projects other than the project described on this payroll, enter in column 7
first the amount earned on the Federal or Federally assisted project and then the gross amount earned
during the week on all projects, thus $63.00/$120.00.
Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008-6901
Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five
deduction should be involved, use first 4 columns; show the balance deductions under "Other" column;
show actual total under "Total Deductions" column: and in the attachment to the payroll describe the
deduction contained in the "Other" column. All deductions must be in accordance with the provisions of
the Copeland Act Regulations, 29 CFR, Part 3. If the employee worked on other jobs in addition to this
project, show actual deductions from his weekly gross wage, but indicate that deductions are based on
his gross wages.
Column 9 - Net Wages Paid for Week: Self-explanatory
Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor
so desires.
Statement Required by Regulations, Parts 3 and 5: While this form need not be notarized, the statement
on the back of the payroll is subject to the penalties provided by 18 USV 1001, namely, possible
imprisonment of 5 years or $10,000.00 fine or both. Accordingly, the party signing this statement should
have knowledge of the facts represented as true.
Space has been provided between item (1) and (2) of the statement for describing any deductions made.
If all deductions made are adequately described in the "Deductions" column above, state "See
Deductions column in this payroll." See paragraph entitled "FRINGE BENEFITS" above for instructions
concerning filling out paragraph 4 of the statement.
ADDITIONAL CONTRACTOR REQUIREMENTS
Contractors and subcontractors performing EVSE installation work for the ChargePoint America must
have 1) authorization to perform work by Coulomb or its authorized partners. 2) Ability to pay labor
through a certified payroll system on a weekly basis. 3) Minimum insurance coverage as outlined below.
If you are interested in learning more about becoming a Coulomb authorized contractor. Contact your
local distributor or Coulomb for details.
CONTRACTOR INSURANCE REQUIREMENTS
General Liability $ 2,000,000
Automobile Liability $ 1,000,000
Workers Compensation $ 500,000
Min. combined Single Limit and Annual Aggregate $ 1,000,000
STATEMENT OF FEDERAL STEWARDSHIP
DOE, as well as cert
as the Prime Contractor/Prime Recipient, is authorized to engage in certain activities including, without
limitation: (1) conducting site visits; (2) reviewing performance reports; (3) auditing financial reports;
and (4) providing technical assistance and/or temporary intervention in unusual circumstances to
correct deficiencies.
Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008-6901
NON-COMPLIANCE
Failure to comply with Recovery Act requirements can result in debarment, revocation of funds,
repayment of funds, or other actions from the Federal Government. If you are uncertain about reporting
requirements or other activities, you should ask your Coulomb Project Manager or the DOE for
clarification.
DEPARTMENT OF LABOR CONTACTS
Wage and Hour Division
200 Constitution Avenue, NW
Room S-3502
Washington, DC 20210
Contact WHD
Tel: 1-866-4USWAGE (1-866-487-9243)
For questions on other DOL laws:
Call DOL's Toll-Free Help Line at 1-866-4-USA-DOL (1-866-487-2365). Live assistance is available in
English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional
service is available in more than 140 languages through a translation service.
Tel: 1-866-4-USA-DOL (1-866-487-2365)
Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008-6901