Grant-ATP_Package.pdf

Executed Memorandum of Understanding

Construction Project Checklist and Helpful Hints & Reminders

CONSTRUCTION PROJECT CHECK LIST

Task

1. Agency receives Authoriza�on to Proceed from the county.

2. A�er an Authoriza�on to Proceed is issued, agency submits monthly reports and status updates to the county by the

10th of the month for the previous month.

3. Agency prepares project specifica�ons and scope of work. This may require the assistance of an Engineer or Architect.

4. Agency requests required documents for solicita�on from the county. (See items 1-9 on page 2)

5. Agency prepares solicita�on package. The solicita�on package must comply with Community Development Block

Grant (CDBG) regula�ons and the County’s required solicita�on documents.

6. Agency submits a completed solicita�on package via email to the county for review and approval prior to adver�sement.

7. A�er approval, agency adver�ses & provides copy to county staff.

8. Agency schedules and no�fies the county of the solicita�on �meline and invites county staff and sub-contractors to atend the pre-bid mee�ng. The pre-bid must be held at least one week prior to bid opening.

9. Agency conducts the pre-bid mee�ng and county staff atends to explain the program requirements (Sec�on 3, Minority and Women Business Enterprises, and Davis Bacon).

10. Agency opens and reviews the bids received.

11. Agency provides a summary of bids (tab sheet), recommenda�on of award and copy of bid submission from selected contractor to the County. A complete list of subcontractors from the selected agency should also be provided.

12. County staff reviews debarment status for the recommended contractors (prime and subcontractors).

13. County no�fies agency via email of acknowledgment of award and results of debarment check.

14. Agency seeks approval of award from approving body (board or commission) and no�fies county staff of the mee�ng date.

15. Agency no�fies county staff in wri�ng of final approval of award and provides completed Sec�on 3 and Minority and Women Business Enterprises forms for the Prime Contractor and Subcontractor(s).

16. Agency schedules a pre-construc�on mee�ng and invites county staff and subcontractor(s) to atend.

17. Agency conducts the pre-construc�on mee�ng and county staff atends to explain program requirements and provide documentation to the Prime Contractor.

Task

18. Agency issues No�ce to Proceed to the Prime Contractor and an executed copy should be provided to county staff.

19. Agency collects weekly cer�fied payroll reports electronically from Prime Contractor star�ng with the No�ce to Proceed date. Agency collects cer�fied payroll reports from subcontractor(s) star�ng from the first day on site.

20. Agency emails weekly cer�fied payroll reports to county staff each Friday for review. If there is a “no work” week, cer�fied payroll is s�ll required.

21. County staff no�fies agency of any needed revisions. Agency notifies applicable contractor(s) of need for revisions, obtains revised payrolls and emails them to county staff.

22. County staff approves digital payrolls and emails agency to send matching originals (pen to paper) within one week.

23.

24.

Agency coordinates with construc�on project manager to iden�fy weekly construc�on schedule which must include schedule for when the contractor and subcontractor(s) are on site. Agency must provide the schedule to county staff.

25.

Agency no�fies county staff of project comple�on. Agency submits cer�fied payroll report marked final from Prime Contractor and any Subcontractors not previously provided.

County required documents to be included in solicitation package include:

1. Solicitation/Advertisement Language

2. Supplemental Conditions for Federally Assisted Projects

3. Instructions for Completing Payroll Form, WH-347

4. WH347 Certified Payroll Form

5. Wage Determination (specific to project & is date sensitive)

6. Minority & Women Business Reporting Forms

7. Section 3 Forms

8. BABA Reporting Forms (if applicable)

9. Bonding Requirements 24 CFR PART 85.36

*County staff must be invited to all pre-bid and pre-construction meetings.

County staff & agency work together to compile any additional information or documents needed to achieve compliance.

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CDBG Reminders & Helpful Information

CDBG is a federal entitlement program administered through the U.S. Department of Housing & Urban Development (HUD). It has a primary objective to develop viable communities by providing decent housing, suitable living environments and by expanding economic opportunities for persons of low and moderate income and is governed by statute 24 CFR 570.

Subrecipient agreements are required by 24 CFR 570.503 and serve as contract for the funding of eligible services during a fiscal year.

Subrecipient agreement amendments are required when an alteration to the agreement contents are necessary. There are two types of amendment: (1) Substantial Amendment and

(2) Technical Correction. Substantial amendments require public comment and County Council approval and may average 60- 90 days. Technical Correction amendments are reviewed and approved in-house and may average 5-10 business days.

All subrecipients are subject to monitoring by Volusia County Community Assistance. Monitoring may occur by desk monitoring, on-site monitoring, and/or remote/virtual monitoring. A notice and detail of necessary items for the monitoring will be sent out ahead of time. It is the intent of the county to complete on-site monitoring for all subrecipients during the 2024/25 fiscal year.

Technical assistance as requested by subrecipients or identified by Community Assistance may be provided by phone, email, virtual meeting, or in person.

Communication Requirements

Required communication includes the submission of monthly reports for all activity types. Monthly reports are due by the 10th of each month, and report on the preceding month. The first monthly report is due the month following issuance of an Authorization to Proceed from Community Assistance.

Monthly reports are also how reimbursement requests are made. Any report including a reimbursement request must include supporting documentation; for public services this may include items such as case notes, invoices, payroll, payment receipts, etc. and for capital improvement projects this may include items such as contractor draw requests, payment receipts, cashed checks, wire transfers, etc.

Required communication also includes a weekly email status update on construction projects. Weekly statuses are due each Monday beginning with the Monday following issuance of an Authorization to Proceed from Community Assistance.

Weekly updates should provide an informal snapshot of where the project is in the process at that time as well as if any milestone dates are forthcoming.

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Procurement

Purchases must be handled fairly and in a manner that encourages full and open competition; documentation must be maintained that demonstrates this. Additionally, subrecipients or subgrantees are required to abide by the most strict of the following when purchasing services, supplies, materials, or equipment:

• The municipality or agency purchasing and procurement policy

• All applicable federal procurement rules, most specifically those contained in 24 CFR 85.36

• A Volusia County CDBG entitlement program threshold of $50,000 for small purchases, as outlined in the FY

2024/25 Subrecipient Agreement. Purchases above this threshold must be awarded through a formal competitive bid or proposal process, even if the limit established in the subrecipient’s or subgrantee’s procurement policy allows a higher threshold for a formal competitive bid. In the event that the municipality or agency procurement policy requires a formal bid for purchases less than $50,000, the municipality or agency shall follow their policy.

For small purchase solicitations, a copy of the written request for quote along with any associated documents must be provided to Community Assistance. For construction related solicitations, Community Assistance should be contacted for required compliance documentation to be included in the bid package (refer to the Construction Project Checklist).

The Davis Bacon Act is a United States federal law that requires payment of prevailing wage rates to all laborers and mechanics on construction projects that are funded, wholly or in part, by federal dollars. Wage rates are determined by the U.S. Department of Labor (DOL) and provided in the form of a Wage Decision specific to the construction project. The project wage decision will be provided by County staff for inclusion in your bid package as well as to the Prime Contractor at the pre-construction meeting.

Section 3 is a provision of the Housing and Urban Development Act of 1968. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low and very low income persons; particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is provided.

Section 3 requirements will only impact construction projects. A completed Section 3 Business Concern Certification must be provided by the primary bidder with their bid submission. Subcontractors may be asked to complete and provide this form prior to pre-construction for some projects. A completed Section 3 Project Workforce form must be provided by the Prime Contractor and all Subcontractors no less than 1 week prior to a pre-construction. A completed Section 3 Certification must be provided for any worker claiming Section 3 or Section 3 Targeted Worker status. Additional information may be requested by county staff as needed.

Prime Contractors and Subcontractors are required to complete the Minority & Women Business reporting form regardless of if they are a woman or minority owned business. Subcontractors receiving less than $10,000 of the total project award may be included on the Prime Contractors reporting. This does not apply if the subcontractors award amount represents a significant portion of the total project award.

Fair housing activities must be performed by all subrecipients, no less than once each quarter. A description of the fair housing activities performed will be included in the monthly report for the applicable time period.

Descriptions should be specific and report on quantifiable actions when possible.

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CDBG WEB LINKS

CDBG Area Median Income (AMI)

CDBG AMI limits are established by HUD on an annual basis.

https://www.hudexchange.info/resource/5334/cdbg-income-limits/

Davis-Bacon and Related Acts (DBRA)

DBRA requires payment of prevailing wages on federally funded or assisted construction projects. The Davis-Bacon Act applies to each federal government or District of Columbia contract in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Many federal laws that authorize federal assistance for construction through grants, loans, loan guarantees, and insurance are Davis- Bacon “related Acts.” The “related Acts” include provisions that require Davis-Bacon labor standards apply to most federally assisted construction. Examples of “related Acts” include the FederalAid Highway Acts, the Housing and Community Development Act of 1974, and the Federal Water Pollution Control Act https://www.dol.gov/agencies/whd/government-contracts/construction https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs66.pdf

Wage Determination (aka Wage Decision)

A "wage determination" is the listing of wage rates and fringe benefit rates for each classification of laborers and mechanics which the Administrator of the Wage and Hour Division of the U.S. Department of Labor has determined to be prevailing in a given area for a particular type of construction (e.g., building, heavy, highway, or residential). In accordance with the provisions of 29 CFR Part 1 and Part 5, the wage rates and fringe benefits in the applicable Davis-Bacon wage determination shall be the minimum paid by contractors and subcontractors to laborers and mechanics.

https://sam.gov/search/

Davis-Bacon and Labor Standards: Agency/Contractor Guide and Contractor Addendum

These guides facilitate agencies' and their contractor partners' understanding of Davis-Bacon and Labor Standards requirements across HUD programs.

https://www.hudexchange.info/resource/6717/davis-bacon-and-labor-standards-agency-contractor-guide-and-contractor-addendum/

Section 3 Guidebook

This Guidebook curates the latest guidance, tools, and resources for implementing and applying Section 3 to HUD funded projects and activities.

https://www.hudexchange.info/programs/section-3/section-3-guidebook/ https://www.hudexchange.info/resource/5334/cdbg-income-limits/ https://www.dol.gov/agencies/whd/government-contracts/construction https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs66.pdf https://sam.gov/search/ https://www.hudexchange.info/resource/6717/davis-bacon-and-labor-standards-agency-contractor-guide-and-contractor-addendum/ https://www.hudexchange.info/resource/6717/davis-bacon-and-labor-standards-agency-contractor-guide-and-contractor-addendum/ https://www.hudexchange.info/programs/section-3/section-3-guidebook/

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Build America, Buy America Act (BABA)

On November 15, 2021, the Build America, Buy America Act (BABA) was signed into law, requiring that all iron, steel, manufactured products, and construction materials used for federally funded infrastructure projects are produced in the United States, unless otherwise exempt or subject to an approved waiver. This requirement is known as the “Buy America Preference (BAP)” and the specific requirements are codified in 2 CFR Part 184.

Examples of CDBG projects that are considered infrastructure projects, according to BABA, include:

• Rehabilitation, maintenance, and reconstruction of buildings and real property, including housing, and

• Construction and repair of public facilities and improvements, such as water, sewer, or other utilities, roads, bridges, sidewalks, homeless shelters, or broadband infrastructure

The BABA will apply to CDBG projects in phases,

• Iron and Steel o The BAP applies to the purchase of iron and steel for infrastructure projects using CDBG funds obligated on or after November 15, 2022

• Specifically Listed Construction Materials (non-ferrous metals; lumber; and plastic- and polymerbased composite building materials, pipe, and tube) o The BAP will apply to the purchase of specifically listed construction materials beginning with funding obligations from FY 2024/25 CDBG funds, as well as iron and steel

• Not Listed Construction Materials (all other plastic- and polymer-based products, glass, fiber optic cable, optical fiber, engineered wood, and drywall)

• Manufactured Products o The BAP will apply to the purchase of not listed construction materials and manufactured products beginning with funding obligations from FY 2025/26 CDBG funds, as well as specifically listed construction materials, iron, and steel

All FY 2024/25 projects that are considered infrastructure projects must only utilize the following materials if produced in the United States.

• Iron

• Steel

• Non-ferrous metals

• Lumber

• Plastic- and polymer-based composite building materials

• Pipes

• Tubes

Please be sure to include these provisions in any procurement materials.

Additional information: https://www.hudexchange.info/programs/baba/ https://www.hudexchange.info/programs/baba/