Housing and Community Development

Compliance and Monitoring

 

Davis-Bacon and Related ActEnvironmental Review Procedures
Long-Term MonitoringSection 3Single-Family Loan ServicingNSP Archives

 


 

 

Davis-Bacon and Related Act (DBRA)
(40 USC §276a; 29 CFR Parts 1, 3, 5, 6 and 7)

 

 

Overview

The Davis-Bacon and Related Act (DBRA), named for its sponsors, Senator Davis of Pennsylvania and Representative Bacon of New York. DBRA applies to every contracts, competitively bid or negotiated of $2,000 and more for every contract competitively bid or negotiated in excess of $2,000 to which the United States or the District of Columbia is a party, for construction, alteration, and/or repair, including painting and decorating, of public buildings or public works. Therefore, contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area as determined by the U.S Department of Labor. DBRA prevailing wage provisions apply to the "Related Acts," under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance.

 

In addition, for prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to DBA-covered contracts.

 

Forms

 

 

Resources

 

Helpful Web Pages

Links

HUD Labor Relations

http://portal.hud.gov/hudportal/HUD?
src=/program_offices/labor_standards_enforcement

DOL-Wage & Hours- DBRA

http://www.dol.gov/whd/contracts/dbra.htm

DOL- Office of Apprenticeship

http://www.doleta.gov/oa/

City of Houston’s Office of Business Opportunity (OBO)

http://www.houstontx.gov/obo/index.html

B2GNow System

https://houston.mwdbe.com/

Document Links

Source Index

Federal Labor Standards Provisions (HUD 4010)

http://portal.hud.gov/
hudportal/documents/huddoc?id=DOC_12586.pdf

Payroll (WH-347) & Instructions

http://www.dol.gov/whd/contracts/dbra.htm

Employee Rights poster-English and Spanish (WH-1321)

Obtain copy from the assigned compliance officer.  A generic copy can be obtained at http://www.dol.gov/whd/programs/dbra/wh1321.htm

System for Award Management (SAM)

www.sam.gov

Making Davis Bacon Work:  A Contractor Guide

http://portal.hud.gov/hudportal/HUD?src=/program_offices/
administration/hudclips/ guidebooks/4812LR

 

 

Penalties / Sanctions

Contractors or subcontractors found to have disregarded their obligations to employees or to have committed aggravated or willful violations while performing work on Davis-Bacon covered projects may be subject to contract termination and debarment from future contracts for up to three years. In addition, contract payments may be withheld in sufficient amounts to satisfy liabilities for unpaid wages and liquidated damages that result from overtime violations of the Contract Work Hours and Safety Standards Act (CWHSSA).

 

Falsification of certified payroll records or the solicited kickback of wages may subject a contractor or subcontractor to civil or criminal prosecution, the penalty for which may be fines and/or imprisonment.

 

Compliance Assistance Available

The Housing and Community Development Department conducts trainings workshop and provides technical assistance to employers, workers, and others to ensure their clear understanding of the DBRA requirements. For additional information, please contact Laura Serrano, Contract Compliance Supervisor, at (713) 865-4291 or the Contact Compliance Officer assigned to your project.

 

 

BACK TO TOP

 


Environmental Review Procedures

 

Introduction

The Housing and Community Development Department (HCDD) of the City of Houston as a responsible entity has assumed the responsibility for environmental review, decision-making, and other actions that would otherwise apply to the U.S. Department of Housing and Urban Development (HUD) under National Environmental Policy Act of 1969 (NEPA) and other provisions of the law that further the purposes of NEPA as specified in Title 24 Part 58.5, by execution of a grant agreement with HUD.  It is the City’s goal to carry out these responsibilities to ensure compliance with all federal regulations as outlined in Title 24 Part 58.

 

The federal statutes set forth three basic goals for the four HUD Community Planning and Development programs.  These goals are closely related to the major commitments and priorities of HUD.  First, the programs are to provide decent housing; second, a suitable living environment; and, third expand economic opportunities.  The second goal clearly establishes concerns of environmental effect as an important consideration in all federal programs.

 

Purpose of Environmental Review Process
The purpose of these environmental procedures are to ensure that all projects funded with federal funds including program income are in compliance with all applicable federal laws and authorities identified in Title 24 Part 58: Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities. Also, the procedures are intended to insure a suitable living environment, or more specifically, to determine if any significant environmental impact may occur as a result of a proposed project; to release funds to support eligible projects that neither harm nor are harmed by the environment; to safeguard, enhance, and restore the environment; and to foster public participation in the development decision-making process.

 

Project Review
All funding requests are submitted to HCDD for review.  Proposed projects including projects submitted to the department through the Consolidated Plan, Capital Improvement Plan, and Request for Proposals.  Proposed projects will be reviewed and scored by HCDD staff, as defined in the funding notice. Upon review and staff recommendation to move forward on the project, the environmental review is conducted.

 

The Project Review process consists of five phases: Initial Assessment, Feasibility Assessment, Execution of Project, Finalization of Documents and Implementation and Ongoing Monitoring.  Under Phase I: Conduct Initial Assessment, the Environmental Review Officer (ERO) will make an environmental determination of the project.   If the project passes the Phase I review, Phase II: Feasibility Assessment will be performed.  At this phase, the environmental review is conducted on the project.  Phase III: Execution of Project, the appropriate environmental documents is submitted to the Relationship Manger (RM) for inclusion in the project files.  The project is then assigned to a RM for the development of the Contract and the Request for Council Action (RCA). 

 

Requirements for Environmental Review
All federally funded projects and any other federal grants must receive an environmental review using the criteria and statutory authorities specified in the HUD regulations 24 CFR Part 58 ( http://www.access.gpo.gov/nara/cfr/waisidx_04/24cfr58_04.html ) and, for more complex projects, using procedures from NEPA.

 

Full project review
Under HUD rules, even if federal funds support only a portion of the project, the full project and its impacts must be examined before any funds are obligated or expended.  In addition, even if a governmental agency or private independent firm has already conducted some other form of environmental review, the HCDD ERO must confirm, determine, and document that the review meets the mandated HUD requirements.

 

Review by the Housing and Community Development Department
The ERO will conduct the environmental review or otherwise determines and documents that the environmental review requirements have been met.  If a federally funded activity is an exempt activity under the HUD rules, ERO must determine that it is exempt, explain why it is exempt, and maintain a record stating that it is exempt.

 

Environmental Review Record
The ERO must maintain a written record of the environmental review undertaken under this part for each project.  This document will be designated the “Environmental Review Record” (ERR), and shall be available for public review.  For this purpose, the ERO must use the current HUD recommended formats or develop equivalent formats.

 

The ERR shall contain all the governmental review documents, public notices and written determinations or environmental findings required by 24 CFR 58 as evidence of review, decision making and actions pertaining to a particular project of a recipient.  As appropriate, the document shall:

 

  • Describe the project and activities the recipient has determined to be part of the project;
  • Evaluate the effects of the project or the activities of the human environment;
  • Document compliance with applicable status and authorities, in particular those cited in Section 58.5 and 58.6; and
  • Record the written determinations and other review findings required by this part (e.g., exempt and categorically excluded projects determinations, findings of no significant impact)

 

The ERR shall also contain as appropriate, verifiable source documents and relevant base data used or cited in EAs, EIAs, or other project review documents. These documents may be incorporated by reference into the ERR provided that each source document is identified and available for inspections by interested parties. Proprietary material and special studies prepared for the recipient that are not otherwise generally available for public review shall not be incorporated by reference but shall be included in the ERR.

 

 

BACK TO TOP

 


Long-Term Monitoring

 

 

Long-Term Monitoring Forms:

 

 

 

BACK TO TOP


Section 3 Program

 

 

What is Section 3?

 

Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that helps foster local economic development, neighborhood economic improvement, and individual self-sufficiency.  The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training, employment, and contracting opportunities for low- or very-low income residents in connection with projects and activities in their neighborhoods. Section 3 is a starting point for people with low- or very-low incomes to obtain job training, employment and contracting opportunities.

 

Who are Section 3 residents?

 

Section 3 residents are:

 

  • Houston Housing Authority public housing residents or
  • Persons who live in the City of Houston who have a household income that falls below HUD’s area median family income limits.

 

This chart provides the area median family income for Houston as of December 2013:

 

Houston - Baytown - Sugar Land
HUD 2014 Annual Income Limits For

Extremely Low-Income, Very Low Income &
Low Income Families

Under the Housing Act of 1937
Updated December 2013

Family Size

30% Median
(Extremely Low Income)

50% Median
(Very Low Income)

80% Median
(Low Income)

1

$14,000

$23,350

$37,350

2

$16,000

$26,650

$42,650

3

$18,000

$30,000

$48,000

4

$20,000

$33,300

$53,300

5

$21,600

$36,000

$57,600

6

$23,050

$38,400

$61,450

7

$24,800

$41,300

$66,100

8

$26,400

$44,000

$70,400

 

Determining Income Levels

 

  • Low income is defined as 80% or below the area median family income for Houston.
  • Very low income is defined as 50% or below the area median family income for Houston

 

What is a Section 3 business concern?

 

A business that:

 

  • Is 51% or more owned by Section 3 residents;
  • Employs Section 3 residents for at least 30% of its full-time, permanent staff; or
  • Provides evidence of a commitment to subcontract to Section 3 business concerns, 25% or more of the dollar amount of the awarded contract.

 

What programs are covered?

 

Section 3 applies to HUD-funded Public and Indian Housing assistance for development, operating, and modernization expenditures.

 

Section 3 also applies to certain HUD-funded Housing and Community Development projects that complete housing rehabilitation, housing construction, and other public construction.


The following documents can help you understand Section 3 and the City of Houston’s Housing and Community Development Department’s (HCDD) commitment to Section 3.

 

 

General Information

 

 

Section 3 Complaints

 

 

Applications for Certification

 

 

Database for Certified Residents & Businesses

 

 

Contractor’s Corner

 

 

Texas General Land Office (GLO) Section 3 Compliance Forms

 

 

 

If you have any questions about Section 3, please contact the following HCDD staff at 713.868.8300:

 

  • For Municipal and Public Facilities or Multi-Family Projects, contact Krystal Shultz or Toni Dupree
  • For Single Family Projects, contact Michael Dotson

 

 

 

BACK TO TOP

 


Single-Family Loan Servicing

 

 

Single-Family Loan Servicing

 

Housing and Community Development Department (HCDD) provides a subsidy for repairs, replacement or down payment assistance to qualified applicants. The Single-Family Loan Servicing section enforces the terms of the subsidy during the affordability period.

 

If you are selling, refinancing, or transferring ownership of your home and wish to pay off the outstanding subsidy balance, a written request must be sent to HCDD’s Single-Family Loan Servicing section. For all other requests, please utilize the other forms. Requests are processed in the order in which they are received.

 

Forms (revised August 2014)

 

 

For additional information, please contact the following HCDD staff members:

 

 

 

BACK TO TOP

 


Neighborhood Stabilization Program (NSP Archives)

 

 

NSP1

 

 

NSP3

 

 

NSP1 Quarterly Reports:

 

 

NSP3 Quarterly Reports

 

 

 

BACK TO TOP