Public Housing
Authorities
MAINTENANCE
PROGRAM
UPDATE
November 15, 2006
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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
Region VI Office
801 Cherry Street
Fort Worth,TX 76102
Tel. 817.978.5617
Fax 817.978.5565
Office Jurisdiction
Arkansas Louisiana New Mexico OklahomaTexas
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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
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PUBLIC
HOUSING
Orchard Park, Chicago
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APPLICABILITY
FACTORS
Public Housing
APPLICABILITY FACTORS
For properties subject to
an Annual Contributions
Contract,
Construction, rehabilitation, and maintenance
work are covered by some type of prevailing wage
requirement . . . .

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APPLICABILITY FACTORS
OPERATIONS / DEVELOPMENT
• 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
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APPLICABILITY FACTORS
DEVELOPMENT
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.
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APPLICABILITY FACTORS
OPERATIONS
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.
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APPLICABILITY FACTORS
LABOR RELATIONS LETTER
LR 2004-01
• Identifies requirements concerning PHA
employees or contractors for maintenance work
• Payroll, record keeping, deductions, contract
clauses, payment frequency
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OPERATIONS / MAINTENANCE
MAINTENANCE
work that involves the
regular upkeep and
preservation of buildings,
grounds, and facilities.
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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
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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
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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
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OPERATIONS / MAINTENANCE
MAINTENANCE
OVERTIME 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
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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
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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
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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“.
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DEVELOPMENT WORK
CONTRACT REQUIREMENTS
• Labor standards clauses: Form HUD-5370
DEVELOPMENT
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
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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)
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NON ROUTINE MAINTENANCE
“CONTINUUM OF
SUBSTANTIALITY”
Routine--Non-Routine--Development
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NON ROUTINE MAINTENANCE
CONTRACT REQUIREMENTS
• Labor standards clauses: Form HUD-5370C
• 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
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THANK YOU!
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