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Public Housing Authorities MAINTENANCE PROGRAM UPDATE

Public Housing Authorities MAINTENANCE PROGRAM UPDATE. November 15, 2006. HUD REGION VI – FT WORTH Nancy Oakley Labor Relations Specialist. ARKANSAS…LOUISIANA…NEW MEXICO…OKLAHOMA…TEXAS. OFFICE OF LABOR RELATIONS www.hud.gov/offices/olr.

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Public Housing Authorities MAINTENANCE PROGRAM UPDATE

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  1. Public Housing Authorities MAINTENANCE PROGRAM UPDATE November 15, 2006

  2. HUDREGION VI – FT WORTHNancy Oakley Labor Relations Specialist ARKANSAS…LOUISIANA…NEW MEXICO…OKLAHOMA…TEXAS

  3. OFFICE OF LABOR RELATIONS www.hud.gov/offices/olr Region VI Office801 Cherry StreetFort Worth, TX 76102Tel. 817.978.5617 Fax 817.978.5565 Office Jurisdiction ArkansasLouisianaNew Mexico OklahomaTexas

  4. Office of Labor Relations Staff Jerlinda D. Banks, Labor Relations Officer -----(817) 978-5619 Deborah G. Parker, Secretary------------------------(817) 978-5617 ________________________________________ Labor Relations Specialist(s)/ Territory Covered Nancy L. Oakley ----------(Dallas/Houston east)-(817) 978-5620 Joyce F. Ingram ------(New Mexico/Lubbock/Fort Worth) (817) 978-5622 Tamara Greiner ------------(Oklahoma)--------------(405) 609-8534 Barbara Van Cleve-------(Arkansas)----------------(501)324-5305 Virginia Cockerham ------(Louisiana)--------------(504)589-7204 Karen R. Clark------------(San Antonio)-------------(210) 475-6818

  5. PUBLIC HOUSING Orchard Park, Chicago

  6. APPLICABILITY FACTORS Public Housing

  7. APPLICABILITY FACTORS For properties subject to an Annual Contributions Contract, • Construction, rehabilitation, and maintenance work are covered by some type of prevailing wage requirement . . . .

  8. OPERATIONS / DEVELOPMENT APPLICABILITY FACTORS • Character of work as ‘operations’ or ‘development’ determines application of either Davis-Bacon or HUD-Determined wage rates • Not tied to a funding source or specific use of funds • Volunteers are exempt

  9. DEVELOPMENT APPLICABILITY FACTORS • Any contract for loans, contributions, sale, or lease pursuant to this Act....shall also contain a provision that not less than [Davis-Bacon prevailing wages] shall be paid to all laborers and mechanics employed in the development of the project.

  10. OPERATIONS APPLICABILITY FACTORS • Section 12(a) of the USHA also mandates the payment of HUD-determined prevailing wage rates to all maintenance laborers and mechanics engaged in the operation of PHA low-income projects.

  11. LABOR RELATIONS LETTERLR 2004-01 APPLICABILITY FACTORS • Identifies requirements concerning PHA employees or contractors for maintenance work • Payroll, record keeping, deductions, contract clauses, payment frequency

  12. OPERATIONS / MAINTENANCE MAINTENANCE • work that involves the regular upkeep and preservation of buildings, grounds, and facilities.

  13. OPERATIONS / MAINTENANCE MAINTENANCE WAGE RATES • Are determined or adopted by HUD • May be based upon data & recommendation submitted by the PHA • Applicable to all laborers and mechanics engaged in covered work, including force account, contractors, temporary personnel, or residents

  14. OPERATIONS / MAINTENANCE DETERMINING WAGE RATES • Adopt Collective Bargaining Agreement • Wage survey • Adopt local government rates • % Increase based on local comparable rates • % Increase based on CPI • Provide other reasoning of prevailing wage rates in locality

  15. OPERATIONS / MAINTENANCE POSITION DESCRIPTIONS & JOB COMPARABILITY • PD must reflect current, actual duties • PD comparability with survey, other data • Transmit copy to Labor Relations • Standard / specialty trade classifications • Additional classifications

  16. OPERATIONS / MAINTENANCE MAINTENANCEOVERTIME REQUIREMENTS • Maintenance employees may receive compensatory time or overtime for hours worked in excess of 40 per week • Labor Relations Letter LR 2004-02, 9/8/04

  17. OPERATIONS / MAINTENANCE CONTRACT WORK LR 2004-01 (Rev. 1) • Labor standards clauses required in contract • Applicable wage decision required in contract • Contractor to maintain certain records • Records to be made available to PHA/HUD • Payrolls not required • PHA to perform compliance monitoring

  18. OPERATIONS / MAINTENANCE CONTRACT ADMINISTRATION • Certain professional services are excluded from HUD-determined wage requirements • Periodic inspections or testing of equipment • Testing for lead-based paint • Warranty inspections • Installation, service or maintenance of leased equipment, fixtures or appliances • Inspections, maintenance or service on equipment or fixtures owned by a utility

  19. DEVELOPMENT • Reconstruction; • A substantial improvement in the quality or kind of original equipment and materials; • Or remodeling that alters the nature or type of housing units falls within the purview of "development“.

  20. DEVELOPMENT DEVELOPMENT WORKCONTRACT REQUIREMENTS • Labor standards clauses: Form HUD-5370 for contracts between $2,000 - $100,000 use 5370 EZ for contracts over $100,000 use 5370 • Davis-Bacon wages, determined by DOL • Applicable to all laborers and mechanics engaged in covered work, including force account, contractors, temporaries, residents

  21. NON ROUTINE MAINTENANCE NON-ROUTINE MAINTENANCE • Work ordinarily performed regularly to maintain the property, but has become substantial in scope because the work was not completed • Financial considerations • Replacement materials considerations (see 7485.1, Rev.4, Appendix 14)

  22. “CONTINUUM OF SUBSTANTIALITY” NON ROUTINE MAINTENANCE Routine--Non-Routine--Development

  23. NON ROUTINE MAINTENANCE CONTRACT REQUIREMENTS • Labor standards clauses: Form HUD-5370-C • PHA may make amendments consistent with LR2004-01 • HUD-determined wage rates • Applicable to all laborers and mechanics engaged in covered work, including force account, contractors, temporaries, and residents

  24. THANK YOU!

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