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Public Facilities

The CDBG Program helps local communities fund construction or rehabilitation of infrastructure and facilities that benefit low to moderate income individuals (i.e. individuals earning less than 80% of the area median income). Projects include water and sewer, removal of architectural barriers, fire halls, ambulances, etc.

To apply for funding, applicants must contact the Regional Council in their area.
 
NOTE: To apply for funding, you must complete both the CDBG Application Requirements and the Environmental Review, found below. If you have questions about which are the correct forms to use, please contact Adele Sigl at (701) 328-2618 or Shantel Dewald at (701) 328-2676.

Application Requirements

  1. Public Facilities and Housing Review (SFN60155)
  2. CDBG Final Application (SFN52659)
  3. Public Notice and Notice of Public Hearing (SFN52663)                                 
  4. Recommendation for Funding (SFN52660) 
  5. Citizen Participation Plan (SFN52662)                                 
  6. Code of Conduct (SFN52357)
  7. Special Assessment Application Data Collection (SFN52358) - For special assessment projects only  
  8. Multi-Jurisdictional or Joint Agreement (SFN52661)  - For multi-jurisdictional or joint agreement projects only.           
  9. Governors Fund (SFN53734) - Request for the Governor’s Fund are accepted anytime throughout the year. All requests must go through their respective Regional Council.  
*System for Award Management (SAM) - Cities, Counties, Contractors, and Subcontractors must be registered and in good standing on sam.gov. Contractor clearance must be performed prior to contract award.           


Engineering/Architectural Requirements

Projects using CDBG dollars to pay for engineering or architectural expenses MUST follow The Brooks Act.

All public improvement projects funded under the CDBG Public Facilities category shall procure plans, drawings, and specifications for the work from a licensed architect or registered professional engineer with an estimated project cost of $50,000 or more.

The estimated project cost may be at a lower threshold in your region. Refer to your Regional Council’s Program Distribution Statement for project cost thresholds for engineering and architectural services.

For more information on engineering and architectural requirements under the CDBG Program, refer to the current CDBG Program Distribution Statement.


Environmental Review Form

There are four different types of environmental reviews. To determine which one is applicable to your project, use the Site Specific Checklist (SFN52327) which will direct you to the proper environmental review.

Environmental Exemption

  1. Site Specific Checklist (SFN52327)
  2. Documentation of Exemption (SFN52328)
  3. Floodplain Clearance (SFN53000)
  4. Section 106 Clearance (SFN52654)
  5. Checklist on When to Consult with Tribes


CE Excluded Not Subject to 58.5

  1. Site Specific Checklist (SFN52327)
  2. CE-Not Subject to 58.5 Request for Release of Funds (SFN52722)
  3. Floodplain Clearance (SFN53000)
  4. Section 106 Clearance (SFN52654)
  5. Checklist on When to Consult with Tribes


CE Excluded Subject to 58.5

  1. Site Specific Checklist (SFN52327)
  2. CE-Subject to 58.5 Request for Release of Funds (SFN52330)
  3. Floodplain Clearance (SFN53000)
  4. Section 106 Clearance (SFN52654)
  5. Notice of Finding of No Significant (SFN52332)
  6. Notice of Intent (SFN52329)
  7. Checklist on When to Consult with Tribes


Environmental Assessment

  1. Site Specific Checklist (SFN52327)
  2. EA-Request for Release of Funds Disaster (SFN52336)
  3. EA-Request for Release of Funds (SFN52334)
  4. Combined Notice for CDBG (SFN52333)
  5. Environment Assessment Checklist (SFN52331)
  6. Floodplain Clearance (SFN53000)
  7. Re-Evaluation of Environment Assessments (SFN60330)
  8. Section 106 Clearance (SFN52654)
  9. Combined Notice for Presidentially Declared Disaster (SFN52335)
  10. Checklist on When to Consult with Tribes

                 Notice of Finding of No Significant Environmental Impact
                     Notice of Finding of No Significant (SFN52332)
                     Notice of Intent (SFN52329)

                 Notice of Finding of Significant Impact Statement
                     EA-Request for Release of Funds (SFN52334)

                TDAT - Tribal Directory Assessment Tool - Helps users identify tribes that may have an
                 interest in the location of a HUD-assisted project.

 

Financial Forms

ACH Authorization Form (SFN52477) – Must be submitted after the grant is signed.

CDBG Request for Funds (SFN4630) – Must be submitted for every financial draw.

Time Sheet (SFN52326) – Must be submitted with every CDBG administration request for funds.

Request for Amendment (SFN52355) – Must be submitted for all budget revisions, extensions of time, special conditions, or scope of work amendments.
 


Davis Bacon

Construction contracts in excess of $2,000 under the CDBG program shall include a provision for compliance with Davis-Bacon and associated Department of Labor regulations.

Volunteer Labor - Guidance for volunteers employed on projects that are subject to prevailing wage rates under Title 1 of the Housing and Community Development Act of 1974.

Employee Interview Record (SFN52341)Must be conducted monthly throughout the project duration and submitted to the DCS.

Labor Standards Information (SFN52338) Must be submitted with or before the first CDBG Request for Funds.

Report of Additional Classification and Rate (SFN52337) – Must be submitted after contract award and the approved Wage Decision Approval for work not included within the scope of classifications listed in the DOL wage decision [29 CFR 5.5 (a)(1)(ii)].

Wage Decision Approval (SFN60437) – Must be submitted and approved by DCS prior to advertising for bids or obtaining quotes.

Payroll Form (SFN52339) Must be submitted weekly by all contractors and subcontractors performing work on construction contracts exceeding $2,000.

March 23, 2013 Additional Classification Memo - Requirements for usage rates for additional classifications not listed on an existing wage determination.

The Davis Bacon Act Wage Decisions are further classified by the nature of the construction projects performed, specifically listed as “schedules”: residential, building, highway, and heavy construction.
 
Building Construction: Includes construction of sheltered enclosures with walk-in access for the purpose of housing persons, machinery, equipment or supplies; all construction of such structures; the installation of utilities and of equipment, both above and below grade levels; as well as incidental grading, utilities and paving. Such structures need not be “habitable” to be building construction. Also, the installation of heavy machinery and; or equipment does not generally change the project’s character as a building.  
 
Heavy Construction: Includes those projects that are not properly classified as either “building,” “highway,” or “residential.” Unlike these classifications, heavy construction is not a homogenous classification. Because of this catch-all nature, projects within the heavy classification may sometimes be distinguished on the basis of their particular project characteristics, and separate schedules may be issued for dredging projects, water and sewer line projects, dams, major bridges, and flood control projects.
 
Highway Construction: Includes construction, alteration or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, parking areas, and other similar projects not incidental to building or heavy construction.
 
Residential Construction: Includes the construction, alteration or repair of single-family houses, apartment buildings of no more than four stories in height. This includes all incidental items such as site work, parking areas, utilities, streets, and sidewalks. Typically, single-family homeowner properties are excluded from Davis Bacon requirements. For guidance on whether your housing project is subject to Davis Bacon, please contact the DCS.
 
There may be rare circumstances where the general schedule wage determinations do not contain the principal work classification necessary for contract performance. In these situations, a Report of Additional Classification and Rate must be submitted to the DCS and approved by the Department of Labor.
 

Section 3

Section 3 applies to the construction, rehabilitation, or conversion of housing (including abatement of
lead-based paint hazards) or other public construction such as street or sewage line repairs, replacement,
or installation, updates to facades, etc. See the Section 3 Compliance Guide for more information on
Section 3 covered projects and contracts.

Section 3 Contracting Opportunities for each Financial Draw (SFN 60977) – Must be submitted with each financial draw on projects over $100,000.  

Project Closeout Section 3 Contract Opportunities (SFN 60978) – Must be submitted at project closeout with the last financial draw.
 


Closeout Reports

These reports should be submitted as soon as the project is complete and the final public hearing has been held.

Final Performance Report (SFN52344) - Must be submitted for all projects.

Financial Status Report (SFN52343) - Must be submitted with the Semi-Annual Progress Report and the Final Report for all projects.

Direct/Indirect Benefit Activities (SFN52347) - Must be submitted for all projects.

Civil Rights Compliance Report (SFN52350) - Do not submit this form if you did not check “yes” to the displacement question on the final report cover page. 

Contract and Subcontract Activity (SFN52351) - Must be submitted with the last request for funds and with the Final Report for all projects.

Labor Standards Enforcement Report (SFN52352) - Must be submitted if a complaint was filed against a
contractor(s) or wage restitution (back pay) was paid by a contractor(s).


Project Completion Certification (SFN52354) - Must be submitted for all construction projects.

Equipment Inventory (SFN52353) - Must be submitted if equipment was purchased.

ADAAG Conformance Statement (SFN19701) - For all ADA projects. Must be completed prior to or with the Final Report.

Final Public Hearing Notice and Minutes are required.
 

Monitoring Forms

These forms will be used by the DCS when performing program file monitoring and on-site monitoring of CDBG projects.

File Monitoring Review - Used by the DCS to perform file monitoring.

On-Site Monitoring Review - Used by the DCS to on-site monitoring.


Resources

2017 Income Limits - Determines the eligibility of applicants for HUD's assisted programs.

Survey Guidance - Guideline for conducting Income Surveys to determine the percentage of low and moderate (LMI) persons in the service area of a CDBG funded activity.
ND Disability by Gender and Age - Calculation of number of disabled by gender and age for North Dakota communities.

ND Disability by Race and Ethnicity- Calculation of number of disabled by race and ethnicity for North Dakota communities.


Low and Moderate Income by Community - Calculation to determine if communities are eligible as low and moderate income areas.

Semi-Annual Progress Report (SFN52342) - Must be submitted semi-annually for all projects.

Conflict of Interest Forms - This form is required to determine a Conflict of Interest.
 
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