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Office of Rural Affairs. TxCDBG Administrator Certification Workshop. 2013. Resources. CDBG. TxCDBG Organization at TDA. State Director Becky Dempsey Program Implementation – Erica Garza Program Specialists Project Delivery – Suzanne Barnard Contract Specialists

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slide1

Office of Rural Affairs

TxCDBG Administrator Certification Workshop

2013

slide3

TxCDBG Organization at TDA

  • State Director Becky Dempsey
  • Program Implementation – Erica Garza
    • Program Specialists
  • Project Delivery – Suzanne Barnard
    • Contract Specialists
  • Compliance – Erica Garza
    • Program Monitors
  • Trade & Business Development Division
    • Field Representatives
slide4

2013 TxCDBG Contracts

  • New boilerplate
  • General Conditions
  • Special Conditions Exhibit
  • Remedies for Non-compliance / Penalties
  • Start Date: November 12
  • Sign and return within 30 days
  • Pre-agreement: October 26, 2012, if included in award letter
  • Certificate of Environmental Exemption
slide5

Affirmatively Furthering Fair Housing

  • Proposed rule – July 2013
    • Data based approach to identify “fair housing issues”
    • Assessment of Fair Housing (AFH) reports issues and goals – replaces AI
    • Role of non-entitlement communities not clear
    • Affirmative!
  • Final Rule – anticipated Dec 2013
slide6

Procurement:Administrative & Professional Services

  • Existing requirements:
    • Competitive Negotiation, regardless of fund source
    • Cost:
      • Required for administrative services
      • Prohibited for engineering services
  • Policy Issuance 13-03
    • No “local” solicitation requirement
    • Posting solicitation notice not sufficient
slide7

First Steps

  • Plans & Specs
  • Environmental Review
  • Alternates!
  • Must be completed within 12 Months
slide8

4 Month Call

  • Review Performance Statement and Budget
  • Review Exhibit C milestone dates and early progress toward these dates
  • Review 12-Month and 24-Month Thresholds
  • Identify the need for Acquisition of Real Property and review Uniform Relocation Act requirements
  • Identify potential project issues or delays.
slide9

Environmental Review

  • To help expedite the process:
    • Look at all levels of review
    • Use TDA’s Programmatic Agreement with the Texas Historical Commission
    • Send letters only to necessary agencies
    • Use the text from the HUD checklists
    • Sign & date 2 Requests for Release of Funds (RROF)
    • Send David Brown the Floodplain information
    • Email all paperwork to David immediately so that the Objection Period can start
    • Call / email for help
slide10

Environmental Reviewcontinued

  • RECENT ISSUES: The biggies
  • No Environmental Review Record (ERR) provided during monitoring
  • No clearance for new activities that were not included in the original review
  • No floodplain information
  • No review at all
  • Postdated RROF
  • EPA Notices
  • All ERRs will be reviewed as staff time allows vs. selected randomly for review prior to monitoring
slide11

Drawdown – Policy Issuance 13-03

  • Groups
    • Consolidated list of requirements
    • Timing of elements adjusted for CD/TCF merger
  • Thresholds
    • Adjusted for CD/TCF merger
slide12

Drawdown – Policy Issuance 13-03

  • Match: only CDBG eligible costs will be match eligible, except:
    • Donated property, if owned by Grantee/Service provider
    • Waived connection fees for LMI households
slide13

Drawdowns – HUD Policy

  • Contract requirement for drawdown every nine months
  • HUD budget vs. Contract budget
slide14

Drawdowns – HUD Policy

  • Managing different budget scenarios
slide15

Drawdowns – HUD Policy

  • Managing different budget scenarios
slide16

Drawdowns – HUD Policy

  • Managing different budget scenarios
slide18

Drawdown – TDA Database

  • Contract Award Management & Procurement System (CAMPS)
  • Later phase will be interactive
slide19

Acquisition of Real Property

  • All acquisition matters
    • Any property acquired for the project
    • Must be permanent project with permanent location
  • PI 13-03 documentation changes
    • Required element of 4 month call
    • A600, A601, & A612 prior to construction funding
slide20

Special Conditions

  • Pre-Construction Permits & Approvals Form
    • TCEQ Plan Review
    • TCEQ Stormwater Permit
    • TDLR Plan Submittal
  • Project specific conditions
    • Housing/OSSF Guidelines
    • Well water quality approval
slide21

Pre-Construction Permits & Approvals Form

Form required as of October 21, 2013.

slide22

Procurement - Construction

  • Competitive Procurement is required
    • Non-competitive procurement must be requested by Grantee and approved by TDA
  • Bid Alternatives!
    • Planning is key
  • Labor Standards
  • Davis-Bacon requirements apply to BOTH sealed bid & small purchase procurements
slide23

Amendments/Modifications

  • Common Timing
    • Initial design
    • After construction award
    • After construction completion
  • Scale vs. Scope
    • Program definition
    • Impact on environmental review
slide24

Amendments/Modifications

  • Amendments
    • Decrease in beneficiaries over 25%
    • New target area
    • Budget changes that exceed 25% engineering/construction cost ratio
    • Agency discretion
slide28

Labor Standards

  • Manual Correction
  • Cannot “Award” or Execute a contract without clearance
  • No Corrective Action Plan
  • A regulatory violation is a violation
slide29

Labor Standards

  • 100% Review of Payrolls
  • “No Work” Payrolls
  • Additional Wage Classifications
    • Request Immediately
    • Processing Time
slide30

Labor Standards continued

  • Recent Issues:
  • Procurement method does not impact Labor Standards requirements
  • Not sending Labor Standards items to Labors@ may delay processing
  • Incomplete and inaccurate information
  • No interviews or payroll records at monitoring
  • Some good things are occurring
slide31

Labor – Force Account

  • Must be approved (the 7 questions)
    • If not in application, must Request to Change from Contract Construction Work to Force Account Chapter 8
    • Make sure that it is right for the project
    • Cost Calculation sheets must be clear
  • Equipment maximum reimbursement
    • Equipment Cost Calculation Sheet - Section 8.2.5
    • Purchase of Construction Equipment is not eligible
  • Supervision
    • Additional Documentation could be required
slide32

Periodic Reporting

  • Quarterly
    • Progress Report (A104, B8, or D9)
    • TWC Report for Job Creation projects
  • Annual
    • Section 3 (January 20)
    • Audit Certification Form (per grantee fiscal year)
    • Single Audit (per grantee fiscal year)
slide33

Project Completion

  • Construction Completion
    • Certificate of Construction Completion
    • (COCC) - remember engineer’s signature
    • Final Wage Compliance Report
    • (FWCR) - remember LSO’s signature
  • Grant Completion – due 60 days after contract end date or project completion
    • Project Completion Report (PCR)
    • PI 13-03: All draws
slide34

Planning

  • General planfor planning activities using generic population and other broad parameters
  • Costs notallowable include:
    • Design and other engineering-related costs
    • Audit and other administration-related costs
  • Cash match spent entirely on the planning project
  • Local participation in the planning process
  • Completed planning document(s) for reimbursement
    • Transmitted by local official
    • Evidence of local review
slide35

Upcoming Public Participation

  • Five Year Consolidated Plan
  • One Year Action Plan
  • Regional Review Committees
slide36

Texas CDBG Program:

Fund Categories

slide37

Thank you!!!

  • Texas Department of Agriculture
  • Office of Rural Affairs
  • Web site: www.TexasAgriculture.gov
  • Suzanne.Barnard@TexasAgriculture.gov
  • David.Brown@TexasAgriculture.gov
  • Chris.Reynolds@TexasAgriculture.gov