Department of Environment & Conservation
Robert Martineau, Commissioner

American Recovery and Reinvestment Act

IN THIS SECTION

ARRA Amounts	FAQs
Overview	Contact
Funds Administered Through ECD
Additional Contract and Reporting Documents

 

 

 

ARRA AMOUNTS

U.S. – $3.2 billion

Includes $2.8 billion of formula funds and $400 million of competitive awards

Tennessee/ECD –$42,243,200

$28,425,000 of this amount will be awarded directly from DOE to the 17 largest cities and 10 largest counties in Tennessee and will not pass through state government or ECD. 2007 census population data was used to determine which cities and counties will receive direct grant funding from DOE. 

ECD will administer $13,818,200 for all cities and counties not eligible for direct funding from DOE. Two rounds of grants have been awarded by ECD to 149 Tennessee communities. See the Funds Administered Through ECD section for list of grantees.

At least 60% of the funds ECD receives must be used to make sub-awards to these cities and counties not eligible for direct funding. Funding not used for subgrants to cities and counties may be used by the State Energy Program (SEP), subject to all SEP requirements.

Tennessee City, County, and State Allocations	Entity	$42,243,200
Tennessee	State Energy Office	$13,818,200
Bartlett	City	$193,600
Brentwood	City	$164,500
Chattanooga	City	$1,864,300
Clarksville	City	$1,114,900
Cleveland	City	$186,300
Collierville	City	$164,400
Franklin	City	$593,700
Germantown	City	$169,600
Hendersonville	City	$190,500
Jackson	City	$670,700
Johnson City	City	$661,800
Kingsport	City	$219,100
Knoxville	City	$2,012,700
Memphis	City	$6,767,200
Metropolitan Government of Nashville/Davidson Co.	City/County	$6,225,400
Murfreesboro	City	$961,100
Smyrna	City	$164,800
Blount	County	$501,600
Hamilton	County	$616,500
Knox	County	$2,125,400
Maury	County	$334,900
Rutherford	County	$418,600
Sevier	County	$356,900
Shelby	County	$421,800
Sullivan	County	$459,700
Sumner	County	$431,700
Wilson	County	$433,300

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OVERVIEW

The Energy Efficiency and Conservation Block Grant (EECBG) Program was authorized in Title V, Subtitle E of the Energy Independence and Security (EISA) Act of 2007, and signed into Public Law (PL 110-140) on December 19, 2007.The Program provides federal grants to units of local government, Indian tribes, states, and territories to reduce energy use and fossil fuel emissions, and for improvements in energy efficiency. It was funded for the first time by the American Recovery and Reinvestment Act (ARRA) of 2009.

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FUNDS ADMINISTERED THROUGH ECD

ROUND ONE EECBG GRANTS

On April 21, 2010, ECD announced the first Tennessee cities and counties that were awarded EECBG funds. The grants will enable communities to implement cost-effective strategies that reduce total energy expenses and save taxpayer money through improved energy efficiency in buildings and transportation systems.

The FIRST round of EECBG grants awarded through ECD include:

City or County	Amount	Project Description
Adams	$99,617.00	HVAC retrofits at a community center
Alamo	$89,300.00	Street light replacement
Anderson County	$100,000.00	Lighting, window and energy control system retrofits at County Courthouse
Athens	$100,000.00	Traffic signal replacement
Bledsoe County	$100,000.00	Lighting, HVAC and energy management system retrofits at multiple schools in the county
Bradley County	$87,530.00	HVAC and insulation retrofits at courthouse annex
Bristol	$100,000.00	Lighting retrofits at 3 city buildings and pump replacement at Water Plant
Brownsville	$100,000.00	Lighting and HVAC retrofits at City Hall, Public Works and Welcome Center
Camden	$90,000.00	Pump retrofits at Wastewater Treatment Plant
Campbell County	$100,000.00	Development of a Community Energy Plan and lighting retrofits at 7 county buildings
Carroll County	$79,863.00	Lighting and window retrofits at county office complex and library
Carter County	$100,000.00	Lighting and HVAC retrofits at jail and County Courthouse
Church Hill	$100,000.00	Lighting, HVAC, insulation, door and window retrofits at the police department
Claiborne County	$100,000.00	Lighting retrofits at a primary school
Clay County	$100,000.00	Lighting retrofits at 3 schools
Clinton	$95,000.00	Traffic signal replacement
Columbia	$100,000.00	Lighting, HVAC and window retrofits at 3 city buildings and traffic signal replacement
Cookeville	$100,000.00	Street light replacement
Covington	$100,000.00	Traffic signal replacement
Crossville	$100,000.00	Lighting, HVAC and insulation retrofits at 6 city buildings
Cumberland Gap	$34,074.00	Lighting, HVAC, window, door and insulation retrofits at 3 city buildings
Dandridge	$52,029.00	Lighting, HVAC, window and insulation retrofits at 9 city buildings and traffic signal replacement
Ducktown	$100,000.00	Small-scale solar installation on city property
Dyer County	$100,000.00	Traffic signal replacement
Dyersburg	$100,000.00	Traffic signal replacement
East Ridge	$99,077.50	Lighting and HVAC retrofits at 5 city buildings and traffic signal replacement
Estill Springs	$100,000.00	Lighting, HVAC, window and door retrofits at 4 city buildings
Etowah	$100,000.00	HVAC and pump retrofits at library and pump stations
Fayetteville	$100,000.00	Lighting, HVAC, window and door retrofits at City Hall
Gainesboro	$100,000.00	Lighting and insulation retrofits at City Hall and Fire Hall and traffic signal replacement
Gallatin	$100,000.00	Development of a Community Energy Plan and lighting retrofits at City Hall and Civic Center
Gatlinburg	$73,514.50	Lighting retrofits to 16 city buildings and street light replacements
Greene County	$100,000.00	HVAC and water heater retrofits at jail
Greeneville	$100,000.00	Lighting and HVAC retrofits at Town Hall and Police Department
Gruetli-Laager	$17,500.00	Development of a Community Energy Plan, lighting, HVAC and door retrofits at City Hall
Grundy County	$100,000.00	Lighting and HVAC retrofits at 4 county buildings
Harriman	$100,000.00	Development of a Community Energy Plan, traffic signal and street light replacement
Huntingdon	$100,000.00	Lighting, HVAC, windows, doors, and insulation retrofits at 2 city buildings
Jasper	$100,000.00	HVAC and pump retrofits at City Hall and pump stations
Jefferson City	$100,000.00	Lighting and HVAC retrofits at 5 city buildings and traffic signal replacement
Jefferson County	$100,000.00	Lighting retrofits at a high school
Jellico	$83,655.00	Development of a Community Energy Plan, lighting, window, door and insulation retrofits at City Hall and street light replacement
Jonesborough	$100,000.00	Lighting retrofits and solar panel installation at historic school
Kingston	$100,000.00	Lighting, HVAC, water heater and pump retrofits at multiple city buildings
LaFollette	$100,000.00	Development of a Community Energy Plan and lighting and HVAC retrofits at multiple city buildings
Lawrenceburg	$100,000.00	Lighting and HVAC retrofits at Administration Building
Liberty	$93,429.00	HVAC and window retrofits at City Hall
Loretto	$38,520.00	Lighting, HVAC, window and door retrofits at City Hall and Civic Center
Madisonville	$100,000.00	Lighting, HVAC  and pump retrofits at 4 city buildings and replacement of traffic signals
Manchester	$100,000.00	Lighting and HVAC retrofits at the recreation center
Maury City	$87,500.00	Traffic signal and street light replacements
Maynardville	$100,000.00	Lighting, HVAC and pump retrofits at 3 city buildings
Meigs County	$100,000.00	Development of a Community Energy Plan, HVAC roof and insulation retrofits at jail
Monroe County	$100,000.00	HVAC retrofits at Courthouse and Annex
Morgan County	$100,000.00	Window retrofits at County Courthouse
Mountain City	$100,000.00	Replacement of street lights
Mt. Pleasant	$28,180.00	Lighting, HVAC, and window retrofits at City Hall
New Market	$100,000.00	Lighting, HVAC, insulation, door and window retrofits at a city building and traffic signal replacement
New Tazewell	$98,800.00	Traffic signal and street light replacements
Newport	$100,000.00	HVAC and roof retrofits at the Cultural Center
Niota	$96,000.00	Lighting, HVAC and insulation retrofits at Municipal Building
Norris	$100,000.00	Development of a Community Energy Plan, lighting, HVAC, window and insulation retrofits at 4 city buildings
Oak Ridge	$100,000.00	Development of a Community Energy Plan and HVAC retrofits at office complex
Oliver Springs	$30,000.00	Traffic signal replacement
Oneida	$100,000.00	Lighting, door, window and roof retrofits at Town Hall
Perry County	$92,500.00	Lighting and HVAC retrofits at 2 schools
Pikeville	$100,000.00	Street light replacement and biofeuls development
Putnam County	$100,000.00	Lighting retrofits at 4 county buildings
Red Bank	$100,000.00	Lighting, HVAC and insulation retrofits at City Hall
Ripley	$100,000.00	Lighting and HVAC retrofits at a city-owned building being converted to a recreation center
Rockwood	$100,000.00	Development of a Community Energy Plan and retrofits
Rutherford	$100,000.00	Lighting, HVAC, insulation and pump retrofits at several city buildings
Scott County	$100,000.00	Lighting, HVAC and water heater retrofits at 6 county buildings
Selmer	$100,000.00	Installation of remote read water meters
Sevierville	$100,000.00	Traffic signal replacement
Shelbyville	$100,000.00	Lighting retrofits at recreation center and street light and traffic signal replacement
Signal Mountain	$100,000.00	HVAC and water heater retrofits at historic school building
Soddy Daisy	$100,000.00	Lighting and HVAC retrofits at 3 city buildings
Spring Hill	$94,750.00	Lighting, HVAC and window retrofits at 4 city buildings
Sunbright	$100,000.00	Installation of solar energy system at City Hall
Sweetwater	$100,000.00	Lighting, HVAC and insulation retrofits at library and City Hall
Tipton County	$100,000.00	HVAC and water heater retrofits at court clerk building
Tiptonville	$100,000.00	Installation of remote read water meters
Tracy City	$100,000.00	Lighting, HVAC, window, roof and insulation retrofits at 5 city buildings
Trousdale County	$99,617.34	Lighting, HVAC, insulation and water heater retrofits at multiple county buildings
Union County	$99,748.00	Lighting and HVAC retrofits at three county buildings
Whitwell	$100,000.00	Traffic signal replacement and pump retrofits at water plant
Winchester	$69,277.00	HVAC retrofits and appliance replacement at 6 city buildings
Winfield	$100,000.00	Lighting, window, doors and insulation retrofits at City Hall
Woodbury	$70,000.00	HVAC retrofit at City Hall and rebate program for city residents
TOTAL	$9,458,085.34

ROUND TWO EECBG GRANTS

Due to the strong response from local governments, ECD also announced a second round of EECBG grants with an application period running from April 21 - May 21, 2010, to award more than $3.5 million to Tennessee communities. The communities selected to receive round two grant funding were announced on July 1, 2010.

The SECOND round of EECBG grants awarded through ECD include:

City or County	Amount	Project Description
Adamsville	$100,000.00	Lighting, HVAC, window and insulation retrofits at 8 city buildings
Arlington	$100,000.00	Lighting and HVAC retrofits at city buildings
Baileyton	$98,500.00	Replacement of blowers and addition of variable frequency drives and oxygen meter at Wastewater Treatment Plant
Bedford County	$99,982.30	Lighting, HVAC, window and insulation retrofits at 4 county buildings
Bolivar	$100,000.00	Lighting and window retrofits at municipal and public works buildings
Bruceton	$100,000.00	Lighting, HVAC, window, door and insulation retrofits at Town Hall and traffic signal replacement
Centerville	$100,000.00	Lighting, HVAC and insulation retrofits at 4 city buildings
Dayton	$100,000.00	HVAC retrofits at electric office and traffic light replacement with LEDs
Decatur	$100,000.00	Replacement of pumps and motors at Wastewater Treatment Plant
Erwin	$56,230.00	Lighting, HVAC, window, door and insulation retrofits at Wastewater Treatment Plant
Gibson County	$100,000.00	Lighting, HVAC, window, door and insulation retrofits at County Courthouse
Grand Junction	$100,000.00	Lighting, HVAC, window, door and insulation retrofits at 3 city buildings
Hardeman County	$100,000.00	Lighting and HVAC retrofits at county building
Haywood County	$100,000.00	Lighting retrofits at 11 county buildings
Henning	$100,000.00	Lighting, HVAC, window, door and insulation retrofits at community center
Henry County	$100,000.00	Lighting retrofits at 7 county buildings and traffic signal replacement with LEDs
Lafayette	$100,000.00	Street light replacement with LEDs
Lakesite	$88,915.00	Lighting, HVAC and water heater retrofits at City Hall
Lewisburg	$100,000.00	Lighting, HVAC and appliance retrofits at 3 city buildings
Marshall County	$46,470.00	Lighting and HVAC retrofits at 3 county buildings
McKenzie	$100,000.00	Street light and traffic signal replacement with LEDs
McMinnville	$100,000.00	Replacement of pumps and motors at pumping station
McNairy County	$100,000.00	Lighting and HVAC retrofits at County Courthouse and Justice Complex
Middleton	$100,000.00	Lighting, window and door retrofits at 4 city buildings
Millington	$100,000.00	Replacement of pumps at the Wastewater Treatment Plant
Montgomery County	$100,000.00	Traffic signal replacement with LEDs and HVAC retrofits at 2 county buildings
Mount Carmel	$100,000.00	Replacement of blowers and addition of variable frequency drives at Wastewater Treatment Plant
New Hope	$21,977.00	Lighting and HVAC retrofits at city hall and sports building
Pigeon Forge	$100,000.00	HVAC retrofit at City Hall
Powell's Crossroads	$100,000.00	Lighting retrofit at Crossroads Park
Rhea County	$100,000.00	HVAC retrofit at Courthouse Annex
Rogersville	$100,000.00	Replacement of pumps at the Wastewater Treatment Plant and Water Treatment Plant
Scotts Hill	$30,000.00	Lighting, HVAC, window and door retrofits at City Hall
Smith County	$100,000.00	Lighting and window retrofits at County Courthouse
Sneedville	$95,850.00	Replacement of blowers at Wastewater Treatment Plant
South Pittsburg	$100,000.00	Replacement of pumps and motors at Water Treatment Plant
Spring City	$100,000.00	HVAC retrofits at 4 city buildings and replacement of pumps at sewer plant
Stanton	$100,000.00	Lighting, window, door and insulation retrofits and solar panel installation on 3 city buildings
Surgionsville	$30,000.00	Lighting, HVAC, window, door and insulation retrofits at 2 city buildings
Walden	$50,000.00	HVAC retrofit at community center

 

ADDITIONAL EECBG GRANTS FUNDED

On Friday, July 16, 2010, it was announced that four additional communities would be able to get funding from the Round Two applications.

The four additional EECBG grants awarded through ECD include:

City or County	Amount	Project Description
Benton	$100,000.00	Replacement of pumps and addition of variable frequency drives at Water Treatment Plant
Milan	$100,000.00	Lighting, HVAC, window and insulation retrofits at five city buildings
Savannah	$100,000.00	Installation of Remote Read Water Meters
Watauga	$100,000.00	Lighting, HVAC, window, door and insulation retrofits for Town Hall and Police Building

EECBG ROUND 3 GRANTS FUNDED

On Monday, December 12, 2011, it was announced that twelve additional communities would be able to receive funding from the Round Three applications.

The twelve additional EECBG grants awarded through ECD include:

City or County	Amount	Project Description
Bethel Springs	$100,000.00	Remote read water meters, data reading system, computer systems, and training
Chester County	$100,000.00	Solar Array System at Criminal Justice Complex
Collegedale	$100,000.00	HVAC units and lighting at 3 city buildings
Decherd	$39,400.00	HVAC units and lighting at 5 city buildings
Elkton	$25,664.00	Lighting, HVAC units, windows, and insulation at City Hall
Huntsville	$100,000.00	HVAC units, lighting, windows, doors, insulation, and fire doors at Municipal Building and Fire Hall
Munford	$100,000.00	Lighting and HVAC units at 2 city buildings and LED traffic lights
Roane County	$100,000.00	HVAC units, ductwork, controls, and thermostats at Courthouse
Sequatchie Co.	$100,000.00	HVAC units and lighting at Courthouse and 3 county schools
Somerville	$100,000.00	Lighting at 5 city buildings, HVAC units at City Hall, and windows and doors at Fire Department
Troy	$79,500.00	Geothermal system at Fire Station
Washington Co.	$100,000.00	Lighting in 6 county buildings

 

ADDITIONAL EECBG ROUND 3 GRANTS FUNDED

On Thursday, August 23, 2012, ECD notified 4 communities that they would receive EECBG funding based on their Round Three applications.

The 4 additional EECBG grants awarded through ECD include:

City or County	Amount	Project Description
Englewood	$100,000.00	Pumps, solar lighting, lighting, and water heater at Water Treatment Plant
Oakland	$ 94,766.00	Windows, doors, lighting, insulation and HVAC units at City Hall; LED traffic lights
Graysville	$ 93,041.00	Lighting at City Hall and City Park
Monteagle	$100,000.00	Pumps at Water Treatment Plant

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ADDITIONAL CONTRACT AND REPORTING DOCUMENTS

Financial Assistance Memo

EECBG TDEC Waste Stream Management Guidelines

Section 106 of the National Historic Preservation Act (NHPA)

EECBG Subgrant Flowdown - Special Terms & Conditions

National Policy Assurances (August 2008)

DOE Financial Assistance Regulations, 10 CFR 600

National Environmental Policy Act (NEPA) Regulations, 10 CFR 1021.410(b)

Programmatic Agreement Signed

EECBG Section 106 Compliance Checklist

EECBG Section 106 Compliance Flowchart

Tennessee Comptroller's Office ARRA Information

 

Monitoring:

EECBG Monitoring Guide

 

Workshop Documents:

EECBG Compliance Workshop Presentation

Subgrantee Information Packet

Section 106 Compliance Presentation - PDF Version

Section 106 Compliance Presentation - PPT Version

 

Required Posters:

Notice of ARRA Funding

Rights and Remedies Under ARRA

Davis-Bacon Rights

Davis-Bacon Rights - Spanish Version

 

Required Forms:

Monthly Reporting Form

Final Reporting Form

Jobs Reporting Form

 

Davis-Bacon Forms:

Davis-Bacon Process Checklist

Davis-Bacon Compliance Checklist for Review of Certified Weekly Payrolls

Authorization of Other Deductions

Record of Employee Interview & Instructions

Acknowledgment of DBA Requirements & Pre-Bid Project Wage Rate Sheet

Pre-Construction Project Wage Rate Sheet

Documentation Required for Apprentices and Trainees

Information & Documentation to be Submitted by Bona Fide Business Owners

Instructions For Completing Payroll Form, WH-347

WH-37 Blank Form

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FAQs

EECBG Frequently Asked Questions

FAQs by Topic:

Davis-Bacon
Waste Stream
Reporting
General

Davis-Bacon

Why does the Tennessee Prevailing Wage no longer apply?
The Tennessee Department of Labor has provided guidance to ECD that the Tennessee Prevailing Wage does not apply to ECD's grant programs that are funded solely by federal dollars. Specifically, the Tennessee Prevailing Wage does not apply to the EECBG program as the program is funded by the federal American Recovery and Reinvestment Act of 2009.

When does Davis-Bacon not apply?
Davis-Bacon does not apply when you are using government employees. It also does not apply for administrators, engineers, etc.—only to laborers and mechanics.

What if the Wage Determination changes in the middle of our project or right before we begin the work?
You will use the Wage Determination that was in place on the day you open bids from contractors. This will stay in place for the entire contract, no matter how often the Wage Determinations change after that.

With regard to Davis Bacon / DOL Wage Determinations:  The Davis Bacon / DOL Wage Determination that is included with bid specifications on the date the bidding process is opened (i.e. requests for bids are issued) will remain in effect for the duration of the project unless: (1) a wage modification is published after requests for bids are issued but no less than 10 days prior to the opening of bids; or (2) a wage modification is published after requests for bids are issued but less than 10 days before the opening of bids and there is reasonable time to notify bidders of the modification before the opening of bids.  Therefore, if a modification is issued between the date requests for bids are issued but no less than 10 days prior to the opening of bids, you must notify the bidders of the modification so that they may adjust their bids.  If a modification is issued between the 10 day point and the opening of the bids, you must make a determination as to whether there is reasonable time to notify the bidders of the modification so that they may adjust their bids. If you decide that there is no time, please create a record of this decision and retain a copy of such record in your project files.  Once the bids are opened, the wage determination included in the request for bids remains in effect as long as the contract is awarded within 90 days from the date of bid opening. [See 29 CFR 1.6(c)(3).]

How long do Davis-Bacon records have to be kept?
The need to be kept for three years after the final grant report or three years after the final payment, whichever is longer.

With respect to Davis-Bacon, can local government labor be used, even those wages may be less than the prevailing wage?
“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. Any contracts awarded by the local government, however, must include the DBA labor clauses and applicable wage determination(s) for work performed using ARRA-funded SEP and EECBG grant funding.”

Additional information may be found at: http://www.eecbg.energy.gov/davisbacon.html within the Davis-Bacon Act Compliance Section titled Questions and Answers for the DOE State Energy Program (SEP) and Energy Efficiency and Conservation Block Grant (EECBG) Program.

Must the Certified Weekly Payrolls required by the Davis Bacon Act be prepared and submitted to ECD if City and County employees perform all of the work?
No

Is an employee supposed to fill out a form indicating that it is OK for certain deductions to be made?
Yes, ECD will require this authorization for certain but not all deductions. Please see the form above link to "other deductions form."

Who is responsible for informing a contractor that the Davis Bacon Act applies? 
The Subgrantee is responsible. This information should be included in any bid packages. It must also be included in the resulting contract with the successful bidder.

Do Subgrantees have to conduct interviews of contractor employees to ensure compliance with Davis Bacon? 
Yes.  ECD expects to conduct interviews as well. See Record of Employee Interview & Instructions.

Do we have to review the payroll reports before submitting them to ECD?
EECBG Subgrantees are responsible for reviewing the Certified Weekly Payrolls submitted by contractors and subcontractors in order to ensure compliance with the Davis Bacon and other related federal Acts.  The original or corrected Certified Weekly Payrolls should be reviewed by the Subgrantee or its grant administrator prior to forwarding them to ECD.

Do Davis Bacon requirements/responsibilities flow down to the contractors?
Yes, ECD, subgrantees, contractors, and subcontractors are responsible for ensuring compliance with Davis Bacon and other related federal Acts. Subgrantees and their contractors and subcontractors should review the following:
1. DOE DBA Desk Guide http://www1.eere.energy.gov/wip/pdfs/doe_dba_desk_guide.pdf.

2. August 24, 2010, Webinar: Introduction to Davis-Bacon for WAP, SEP, and EECBG Grantees. This webinar covers background on Davis-Bacon and Related Acts and describes the implications for grant recipients and subgrant recipients. Items covered include wage determinations, the collection of certified payrolls, and monitoring visits to construction work sites. Materials include a Webinar PowerPoint Presentation and Audio File of the Webinar -- http://www1.eere.energy.gov/wip/davis-bacon_act.html.

3. September 27, 2010 DBA Compliance Webinarfor DOE WAP, SEP, EECBG Grantees, Sub-Grantees, and their Contractors (hosted by Tim Helm from the Department of Labor). Materials include a Webinar PowerPoint Presentation, Audio File of the Webinar, Certified Payroll Exercise Instructions, Certified Payroll Exercise Answer Key, and Sample Certified Payroll -- http://www1.eere.energy.gov/wip/davis-bacon_act.html.

4. October7, 2009Webinar on Certified Payrolls. Materials include a Webinar Transcript, Audio File of the Webinar, and Sample Department of Labor Payroll Form.

5.  U.S. DOL Prevailing Wage Resource Book 2010:  DBA/DBRA Compliance Principles (http://www.dol.gov/whd/recovery/pwrb/Tab16DBCompliance.pdf).

Does the Davis Bacon Act apply to all organizations such as those with fewer than 4 employees?The Davis Bacon and other related federal acts apply to all ARRA funded EECBG projects, regardless of the number of persons employed by a Subgrantee or the subcontractors utilized by that Subgrantee.  However, if the laborers and mechanics performing work on an EECBG project are employed by the Subgrantee (i.e. town, city, or county) instead of a subcontractor, the Subgrantee is not required to pay prevailing wages under the Davis Bacon Act or submit certified weekly payrolls. 

What if the Subcontractor hired for a project is an electrical contractor with two owners? 
The only labor used on the job will be the owners.  Since they are not considered employees of their company, it is our understanding that the owners are not required to pay themselves DBA wages. Is that correct? If so, must the company still generate a weekly certified payroll? 

A business may have more than one owner. When those two owners perform all the work they are not required to pay themselves DBA wages. 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. Where the two owners perform all the work, there is no requirement for completing the certified payrolls. NOTE: It is the responsibility of the Subgrantee hiring the owners to have information in the file showing that the workers on the project are actually bona fide owners of the business. This can be shown through the Articles of Incorporation or Business Registration documents. [This response was provided by DOE Office of General Counsel via email on 06/23/2010.]

Does the Davis Bacon Act apply to architects and engineers?
No, the Davis Bacon Act applies to laborers and mechanics only.  Professionals such as architects and engineers shall keep up with hours worked so that such time can be included in monthly, quarterly, and end of project reports concerning “hours worked” and “jobs created or retained.”

How often must Subgrantees conduct employee interviews to comply with Davis Bacon?
DOE does not proscribe a certain number of interviews per project.  Employee interviews should be conducted throughout the duration of project.  Subgrantees should take the following into consideration when determining how many employee interviews to conduct:  (1) the estimated timeframe for the project (e.g. 2 weeks, 1 month); (2) the number of subcontractors affiliated with a project; and (3) the number of subcontractors’ employees expected to perform labor at the worksite.   

The interviews must be sufficient in number to establish the adequacy and accuracy of the payroll records and the nature and extent of any violations. The interviews should be representative of all classifications of employees on the project under investigation. Employees should be questioned regarding other employees they worked with and the duties performed by those employees. The Subgrantee should perform the employee interviews and compare what is learned during the interview with what is appearing on the certified payroll records. Employees should be informed that the information given is confidential and that his/her identity will not be disclosed to the employer without the employee's written permission (See 29 C.F.R. 5.6(a)(5)). Employees should not be interviewed in the presence of the employer, another employee, or any other person. Employees may be interviewed during working hours on the job, in accordance with 29 C.F.R. 45.5(a)(3)(ii). If a contractor has significant turnover, or employees fear reprisals or intimidation, or it appears there is misclassification and/or falsification of payroll records, the local DOL Wage and Hour Office should be immediately notified along with ECD (ECD will inform the DOE Project Officer).

Does DBA weekly certified payroll reflect wages for grant EECBG projects only?  For example, if an employee works on three different projects during a week and only one of those is an EECBG project, must the payroll include wages paid to the employee for the other two projects? 
Yes, the weekly certified payroll must reflect all wages earned by a covered employee during the week.  EECBG project earnings should be entered first, then the total earnings for the week should be entered second.  The total earnings figure shall include project earnings.  (Please see the instructions for column 7 on the Form WH-347.)

Contractors have to submit original signatures on the weekly certified payroll form to the local governmental entities.  Does ECD also need original signatures?
No.  With regard to the EECBG program, ECD can accept copies of the certified weekly payroll forms, including the certification page, as long as the Subgrantee retains the original documents.  ECD prefers to receive electronic copies instead of photocopies of such documents. 

What if our subcontractor has already set up a payroll process that pays bi-monthly?  Can he continue to pay bi-monthly as long as he submits the weekly certified payroll forms?
No.  The Davis-Bacon Act requires that laborers and mechanics shall be paid weekly.

Do we need to report hours worked for personnel employed by subcontractors who are not covered by Davis-Bacon?
Yes!  Examples of such personnel would be architects, engineers, and payroll clerks.  Also, business owners who are exempt from including themselves on Certified Weekly Payrolls must report hours worked.

What if there are no fringe benefits listed on the wage determination?
The Wage Determinations for the “Building” and “Heavy” Categories should have at least $0.00 under the Hourly Fringe Benefit Column.  The amount list under this column is the required hourly fringe benefit.  The Wage Determination for the “Highway” Category does not set forth an hourly fringe amount for any of its classifications.  Thus, no hourly fringe benefits are required for laborers or mechanics performing work on a project to which the “Highway” Category is applicable. 

If we find a possible violation when we are conducting an employee interview, should we take corrective actions then?
If it is something that can easily be fixed, like the DBA Rights Poster and the Wage Determinations not being posted, you should bring that to the subcontractor’s attention immediately and follow up the next day to see if subcontractor is in compliance.  If it is something that may be confidential or that needs more research, you can work with the subcontractor after you have had a chance to gather more facts or information.  Keep up with any corrective actions throughout the process so that you can report them to ECD.  If you suspect intentional misclassifications of workers or underpayment of wages, contact Molly Cripps with ECD immediately at 1-800-342-1340.

If an employee only works on the EECBG project one day in a week, do they report other hours worked on other jobs during that same week?
The Certified Weekly Payrolls should reflect the total hours worked on the EECBG project only.  Remember, project specific information is entered in Columns (4) Hours Worked Each Day, (5) Total Hours, and (6) Rate of Pay and the top-half of Column

(7) Gross Amount Earned.  Work week specific information is entered in the bottom-half of Column (7) and Columns (8) Deductions and (9) Net Wages Paid for Week.

Is it necessary to include Davis-Bacon information and Wage Determinations in bid specs if the subgrantee is only bidding materials and not labor?  No. 

What materials should I consult when reviewing Certified Weekly Payrolls and making sure overtime has been calculated correctly?
See pages 20 and 25-27 of the U.S. DOL Prevailing Wage Resource Book 2010:  DBA/DBRA Compliance Principles (http://www.dol.gov/whd/recovery/pwrb/Tab16DBCompliance.pdf).

If we are under budget and we add an additional ECD approved project, will we need to submit additional Davis-Bacon Pre-Bid and Pre-Construction Project Wage Rate Sheets?  Yes.

Do we need to collect additional information from a subcontractor if one of the employees is listed as an apprentice on the Project Wage Rate Sheet and Certified Weekly Payrolls?
Yes.  Please provide the subcontractor with the Davis-Bacon Act:  Documentation Required for Apprentices and Trainees form, which is available on ECD’s EECBG website.  The form details the additional information that is required and why the Subgrantee / ECD needs such information. 

If the contractor does not know exactly which employees will be doing the work, how should they fill out the Pre-Construction Project Wage Rate Sheet?
The contractor should list all the employees that are expected to work on the project on the Pre-Construction Project Wage Rate Sheet.  We understand that some of these employees may wind up not working on the project and that other employees who are not listed may be added to the project.  If other employees are added to the project, the contractor must update the Wage Rate Sheet.

Is use of a vehicle considered a fringe benefit?
No, the use of cell phones and vehicles are not fringe benefits.  Additionally, yearly / annual or Christmas bonuses are not fringe benefits.

Can you explain how to calculate fringe benefits when the wage determination gives you a percentage instead of a specific amount?
The following excerpt from page 25 of DOE DBA Desk Guide 06-16-2010 explains how to calculate fringe benefits when a percentage is given:

NOTE: If a DBA wage determination lists the wages and benefits for a particular classification as “$20.00” and “$3.00 + 3%,” the contractor must pay at least the basic wage rate of $20.00, and the hourly benefit rate of $3.00 plus 3% of the basic hourly wage rate (or $.60). The percentage is always applied to the basic hourly wage rate. The contractor must pay no less than $23.60/hour for this worker.

Must employee interviews be conducted in person or may they be conducted by telephone or mail?
Recent DOE guidance (an FAQ dated 10/04/10) indicates that although on-site / in-person interviews are preferred, the U.S. DOL does permit the use of telephone or mail interviews to meet the employee interview compliance requirement.  The rationale for allowing such is that telephone or mail interviews will permit grantees “much needed flexibility” to meet to this compliance requirement. Should interviews be conducted by telephone, mail, or email please indicate such on the Record of Employee Interview. This will be especially helpful for projects where the contractors and employees are only working on your project for a week or less.

**Interviews via telephone or mail should be the exception rather than the rule. The Subgrantee and/or its grant administrator must conduct site visits, so you should plan to conduct employee interviews during those visits. 

Do you need an employee signature on employee interviews that are done by phone?
No, this is not necessary.  Simply note on the Record of Employee Interview that the interview was conducted by phone.

Must the person who conducts the employee interview also conduct the desktop review?
No, different people can perform the two tasks as long as the person doing the desktop review has access to the Record of Employee Interview and Certified Weekly Payrolls.

May an interpreter be present for an employee interview?
Yes.  The interpreter must be informed that any information provided during the interview is confidential and cannot be disclosed to the employer or other employees.  Please note on the Record of Employee Interview the name, address, telephone number, and place of employment of the interpreter. 

Waste Stream

Can we donate old lightbulbs that we replace and that still work?
Yes, donating the old bulbs is acceptable. Please keep records of where they go.

Do we need to keep waste disposal or recycling tickets, records, etc.?
This is a great practice. Please note that for items like fluorescent bulbs (lamps) that fall under the universal waste category, records must be kept for at least three years per Tennessee Rule 1200-01-11-.12(3)(j)3 "Record Retention".

Does Waste Stream Report need to be submitted even if there is no waste to report?
Yes

When is the Waste Stream Plan due?  Do we submit it to ECD or TDEC? 
The Waste Stream Plan must be created before your project generates any waste. It does not have to be approved by ECD. Keep it on file in your community and document how it is followed. A report with information on the waste generated and documentation of disposal must be submitted to ECD within 90 days of project completion.  ECD will forward this to TDEC.

Reporting

How long is the recipient required to report after completion of activities and expenditures of funds?
Applicants should expect reporting to occur during the project period, as well as follow-up energy savings reports 6 months and 12 months after the completion of the project.

What are the reporting requirements for my EECBG?
See Additional Contract and Reporting Documents section.

Can our monthly reports be emailed to the Program Manager?
Unless we need a form with an original signature (like your contract), it may be emailed or faxed the EECBG Program Manager. 

Can we combine our monthly reports to arrive at our quarterly report numbers?
That is the plan right now. It could change. The EECBG Program Manager will let the Subgrantees know if this changes and a separate monthly report is required.

Will communities have to provide canceled check along with invoices? 
Yes.  ECD need some proof that the invoice has been paid by the community before we can reimburse the community.

Should “volunteer” administrative hours be included in the “hours worked” reporting? (Example – volunteer that works for a local non-profit that is helping with the administration of the grant.)Yes. ECD and DOE want to know how much work is going into these projects.  (Please note that any laborers or mechanics working on a project that are not employed by the Subgrantee must be paid prevailing wages on a weekly basis in accordance with the Davis Bacon Act and the Tennessee Prevailing Wage Act.  Such laborers or mechanics cannot “volunteer” their time.) 

Who should sign monthly reports on behalf of a community?
This is up to the community.  If an official such as a mayor or an administrator does not sign the reports, it should be someone who is working on the projects or the person listed with ECD as the contact person.

Must we turn in reports for months during which there is no EECBG activity?
Yes. The first monthly report will be due on September 7 even though most of the activities will only be turning in the signed contract to ECD. After the final report is completed, you do not have to submit monthly reports, but you will need to continue to track energy savings.

How long will energy savings need to be reported?
Energy savings will be tracked at 6 and 12 months, possibly also at 18 months.

Is there a minimum amount that can be turned in on an invoice?
No, but communities may want to wait until they reach a certain dollar amount to submit an invoice.

Should we report Subgrantee administrative hours as leveraged funds?  Example, an administrative assistant helps compile and submit monthly reports but is not reimbursed by the grant. 
Yes, this is important to show how much additional funding went into our projects across the state. Report this information on your monthly report under leveraged funds.

Why is there a new reporting form for hours worked?
For the purposes of the Recovery Act, we are collecting information on hours worked so we will know how many jobs are created. The new Quarterly Jobs Report (link) should be submitted with your monthly reports. Reports will include any employee who will be paid with grant funding. This could include local government employees, contractors and their employees, administrators, engineers, etc.

Are hours worked by professionals such as an engineer to be reported throughout duration of project or after project is completed?
If the community is being reimbursed for work done by laborers, engineers, etc, the hours should be reported on the Quarterly Jobs Report (link) which is currently being collected monthly.

With regard to the new Vendor’s Jobs Reporting forms, do we need to include information for December on January’s report? 
No.  We have already reported information from the previous quarters. These reports begin with the first week of January.

General

Where would you put the required signs for traffic signal and street light replacements?
Please post those at your main city or county offices.

What should be the target for energy savings?
The threshold target energy saved and/or renewable energy generated is an annual rate of 10 Mbtu/$1000 spent). This threshold should be considered as a measure of effectiveness for the energy measures under consideration.

If you don’t meet the 10 Mbtu criteria are you ineligible or discounted in some manner?
Measured and identified energy cost-savings ($) and annual energy savings in kWh and / or million BTUs will be considered when reviewing the applicant’s Program Readiness. Local governments are encouraged to apply this minimum effective cost measurement as a decision tool to guide their energy investments. Many readily available energy efficiency measures meet and exceed this minimum standard.

Is replacement of lighting at a clubhouse for a municipal golf course an eligible activity?
No.  ARRA funds cannot be spent on swimming pools, golf courses, zoos, or aquariums.

With street lamps, we will be replacing more than just the bulb, is that OK?
Yes. The EECBG program cannot replace items like a light pole, but we can replace the units for the lights.

Is there a Buy American exception if complying with the provision would greatly increase project cost?
If complying with Buy American will increase cost of the overall project by more than 25%, then your equipment will be considered an exception. If this occurs, notify the EECBG Program Manager but it is not likely to happen.

Are ballasts covered by a Buy American Waiver?
Yes. Please see the DOE Buy American website for the list of all waivers and when they expire.

If the EECBG project is part of a larger project, does Buy American apply to the entire project?
Yes, similar to Davis-Bacon, Buy American will apply to all parts of a project even if EECBG funding is just a small part of the project. If the projects can be segregated and bid and contracted separately, Buy American will only apply to the EECBG part of the larger project. For more information, see this guidance from DOE.

If our project or bids come in under budget and we add an additional ECD approved project, will we need to submit additional Davis-Bacon information or Section 106 documentation? 
Yes, all project changes will likely need a new Section 106 Checklist. You will be responsible for assessing whether or not new Davis-Bacon forms are needed based on your project.

Must contracts for professional services be competitive? 
Contracts for professional services should not be competitive based on price. They should be based on experience and skill. For more information, please see the Tennessee Codes 12-4-106. 

Do we follow our community’s procurement processes?
Yes, as long as it is a competitive process. Keep documentation of advertisements, bids received, your process for selecting a contractor, etc. The grant monitors will ask to see all of this documentation.

How quickly will invoices be paid?
Most of that depends on you! If the information you submit is complete, you are completely up-to-date on all reporting and don’t have any outstanding issues (i.e. Davis-Bacon, Buy American), invoices can generally be approved and paid in about 30 days. We are constantly working on our process to make that go more smoothly and more quickly.

What are the reasons that an invoice may be held up?
Problems with Davis-Bacon compliance, missing reports and lack of information on Buy American compliance are the most common reasons that your invoice would be held up.

Can we purchase equipment and install it after the June 30 deadline?
No, to be reimbursed, all equipment must be purchased and installed and all reporting must be up-to-date. We will evaluate the need for contract extensions closer to June. These will only be available for projects that could not be completed due to problems outside of their control.

Do contractors need to be present for the monitoring visit?
No, the local government employees doing the day-to-day work on the grant, the local government employee responsible for invoices, any administrators and a general contractor responsible for bidding (if applicable) should be present for the monitoring visit.

Should the Special Terms and Conditions document be included in the bid specifications?
The Special Terms and Conditions document must be flowed down to every contractor and subcontractor. Subgrantees are responsible for ensuring this occurs. If they are not included in the bid specs, they must at least be referenced and easily available. They should be included with all of the contracts.

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CONTACT

For more information on the EECBG program and a list of FAQs, please visit http://www.eecbg.energy.gov. If you have additional questions regarding the EECBG program, please contact the State of Tennessee Energy Division at (800) 342-1340 or (615) 741-2994 or tdec.energypolicy@tn.gov.

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