housing authority of the city of los angeles 760… · ca 90057 until 2 p.m., (pst) september 26,...

HOUSING AUTHORITY

OF THE CITY OF LOS ANGELES

2600 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90057

REQUEST FOR QUALIFICATIONS

FOR A DEVELOPER FOR ROSE HILL COURTS

RFQ No. 7600

KEY RFQ DATES:

Issued: September 2, 2014

Pre-Submittal Conference: September 9, 2014 2pm

Site Tour September 9, 2014 (after)

Written Questions: September 11, 2014 2pm

Submittal of Qualifications: September 26, 2014 2pm

HOUSING AUTHORITY OF THE CITY OF LOS ANGELES

AN EQUAL EMPLOYMENT OPPORTUNITY-AFFIRMATIVE ACTION EMPLOYER

2600 Wilshire Boulevard • Los Angeles, California 90057 • (213) 252-2500

www.hacla.org TTY (213) 252-5313

August 29, 2014

Gentlemen/Ladies:

SUBJECT: REQUEST FOR QUALIFICATIONSFOR A DEVELOPER FOR ROSE HILL COURTS (RFQ) NO. 7600

The Housing Authority of the City of Los Angeles (the “Authority”) invites Statements ofQualifications (“Subm ittals”) from qualified for-profit or non-profit developers ofaffordable housing and their development teams to act as the developer (“Developer”)and to partner with the Authority for the planning and rehabilitation or redevelopment ofthe Rose Hill Courts public housing site.

Submittals will be accepted at 2600 Wilshire Boulevard, 4thi Floor, Los Angeles,CA 90057 until 2 p.m., (PST) September 26, 2014. Offers received after this date andtime may, at the discretion of the Authority, be rejected without consideration.

A pre-submittal conference to discuss the REQ and answer questions will be held at2:00 p.m., September 9, 2014, at the development site located at 4466 Florizel Street,Los Angeles, CA 90032 followed by a site tour.

Instructions for preparing your Submittal are contained in the REQ which is available atwww.labavn.org. Questions of a procedural nature may be directed to Swan Lam,Contract Administrator, at (213) 252-1895 or by e-mail [email protected].

We look forward to receiving your Submittal.

Sincerely,

Ken SimChief Operating Officer

Housing Authority of the City of Los Angeles RFQ 7600 Rose Hill Courts Developer

TABLE OF CONTENTS

I. INTRODUCTION .................................................................................................. 3

A. Purpose of the RFQ ................................................................................... 3 B. Laws and Regulations…………………………………………………………. 4 C. Profile of the Authority…………………………………………………………. 4 D. Project Background ..………………………………………………………….. 4 E. Authority’s Goals and Objectives for Rose Hill Courts…………………….. 6

F. Roles and Responsibilities of the Developer .............................................. 7

G. Performance Review Process ............................................................ .... 10 H. Legal and Financial Structure Authority ................................................... 10 I. Authority Resources Available for the RHC Redevelopment ................... 11 J. Authority Desired Outcomes .................................................................... 12

II. GENERAL INSTRUCTIONS............................................................................... 14

A. Qualification Submittal ............................................................................. 14 B. Pre-Submittal Conference ........................................................................ 15 C. Questions from Developers ..................................................................... 15

D. RFQ Addenda and Clarifications ............................................................. 15

E. Pre-contractual Expenses ........................................................................ 16

F. No Commitment to Award ........................................................................ 16 G. Acceptance of Offer for Exclusive Negotiation, Negotiation Period

and Good Faith Deposit ........................................................................... 16 H. Memorandum of Understanding ("MOU") ................................................ 16 I. Exceptions/Deviations.............................................................................. 17

J. Protests .................................................................................................... 18 K. Notice Regarding Disclosure of Proposal Contents………………………. 18 L. Due Diligence and Regulatory Compliance ............................................. 19

III. SUBMITTAL FORMAT AND CONTENT ............................................................ 20

A. Presentation ............................................................................................. 20 B. Submittal Content .................................................................................... 20

IV. SUBMITTAL EVALUATION AND CONTRACT ACCEPTANCE OF OFFER .... 32

A. Evaluation Panel ...................................................................................... 32 B. Evaluation Criteria ................................................................................... 32


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EXHIBITS

A. Aerial Map of Rose Hill Courts B. Photos of the Property C. Demographic data for Rose Hill Courts D. Zoning Information MUST INCLUDE THE FOLLOWING FORMS/EXHIBITS IN YOUR RFQ SUBMITTAL:

E. Offer for Exclusive Right to Negotiate – (Initial) F. Affirmative Action Requirement and Certification; Workforce Profile G. Non-Collusion Affidavit – (Notarize) H. Instructions to Offerors Non-Construction (Form HUD-5369-B) I. General Conditions for Non-Construction contracts (Form HUD-5370-C) J. Certification: Conflict of Interest K. Affidavit Regarding Information Submitted by the Proposer L. Acknowledgement of Trade Secrets Form and Agreement to Indemnify and Hold

Harmless M. Vendor Application

THE SELECTED DEVELOPER MUST COMPLETE THE FOLLOWING FORMS/EXHIBITS AND COMPLY WITH THE REQUIREMENTS THEREIN PRIOR TO THE EXECUTION OF THE MEMORANDUM OF UNDERSTANDING

N. MBE/WBE Requirements, Affidavit and Certification – (Notarize) O. Section 3 Requirements, Affidavit and Certification P. Insurance Requirements & Certificate of Insurance


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I. INTRODUCTION

A. Purpose of the RFQ

The Housing Authority of the City of Los Angeles (“Authority”) is issuing this Request for Qualifications (“RFQ”) to select a qualified and experienced Developer and development team (“Development Team”) for the rehabilitation or redevelopment of Rose Hill Courts (“RHC”) public housing site.

The Authority’s intention is to partner with a Developer for a “soup to nuts” solution, with the Development Team responsible for analyzing the property, preparing various feasible planning options for long term viability of RHC, working with the Authority and the community in determining the most feasible rehabilitation/ redevelopment option, and implementing all development activities including securing any needed City approvals, financing, assistance in securing any needed HUD approvals, carrying out and managing construction and managing the property.

The Authority is interested in receiving Statements of Qualifications (“Submittals”) from private for-profit and/or non-profit developers and their teams to become the Developer and to partner with the Authority on Rose Hill Courts.

The Development Team may be comprised of: a Developer capable of accomplishing all facets of the development program and team members including Land Use Planner, Master Architect, Civil Engineer, General Contractor, Developer Attorney etc. or any discipline deemed appropriate.

The Development Team must have experience in the planning and eventual rehabilitation or redevelopment of similar public housing projects, particularly those involving multi-cultural communities with resident and neighborhood participation in the planning, design and reconstruction process. The Developer must have the ability to obtain commitments from outside financial resources; knowledge and track record of success in securing funds from HUD’s funding programs and compliance with HUD’s Mixed Finance development program regulations; minimum experience in development of five (5) similar developments of over one hundred (100) units, three of which must be developments developed under HUD’s Mixed Finance or Rental Assistance Demonstration (“RAD”) requirements; knowledge of new and innovative approaches to affordable housing development utilizing numerous funding resources (e.g., Tax Credits, including Low-Income Housing, Energy Tax Credits, green building initiatives, Affordable Housing Program, HOME, CDBG, and other federal, State and local programs available for this project); and demonstrate the financial and professional capacity and development track record, to carry out all components of the redevelopment or rehab activities in a timely manner.

The Authority will select the most qualified Developer to enter into a 90-day Exclusive Negotiation Agreement (“ENA”) with the number one ranked


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respondent for the purpose of entering into a mutually acceptable MOU in accordance with the negotiation criterion listed under Section B. Evaluation Criteria of IV. Submittal Evaluation and Contract Acceptance of Offer.

B. Laws and Regulations

All procurement activities of the Authority are conducted in accordance with the Authority’s Procurement Policy, applicable state and local laws and U.S. Department of Housing and Urban Development rules and regulations, including without limitation, the U.S. Department of Housing and Urban Development Handbook 7460.8 REV 2 and Title 24 Code of Federal Regulations Part 85.36, all as may be amended from time to time. If private and public funds are comingled, Title 24 Code of Federal Regulations Part 85.36 shall apply to this procurement. The Authority’s Procurement Policy can be reviewed at http://www.hacla.org/business/.

C. Profile of the Authority

The Authority is a public agency chartered in 1938 by the State of California to provide housing assistance to the low-income residents of Los Angeles. The Authority is governed by a seven member Board of Commissioners nominated by the Mayor, confirmed by the City Council of Los Angeles and regulated by the U.S. Department of Housing and Urban Development (HUD). A President and CEO, appointed by the Board, is responsible for managing the daily operations of the Authority and overseeing a staff of approximately 800 permanent employees. Revenues consist mostly of tenant rents from the Authority's properties and subsidies from HUD.

Under its "conventional" public housing program, the Authority owns and manages more than 6,877 public housing units and 2,461 affordable low and market-rate dwelling units located throughout the City of Los Angeles. Additionally, the Authority distributes monthly housing assistance payments (federal subsidies to tenants) for more than 44,000 other dwelling units at numerous locations within the City. The Authority also administers a number of special program grants. Finally, on a more limited scale, the Authority is engaged in the development of additional housing units for low-income persons.

D. Project Background

Located at 4446 Florizel St. in northeast Los Angeles, Rose Hill Courts is one of the smallest public housing sites in the Authority’s portfolio. The property is situated near the Monterey Hills neighborhood of the City of Los Angeles, across from Rose Hill Park.

The property includes 100 townhome style apartment units scattered across the project area, and one Community Building with an assembly hall and administrative offices. The residential unit complexes are mainly 2-story walk-up,

http://www.hacla.org/business/


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Type V construction with low pitch gable roofs and stucco exterior walls. Buildings have raised floor foundation on concrete stem wall footings.

Rose Hills is located across the street from a regional park and is near a nature trail, providing excellent access to open space. A bus hub is within walking distance and a grocery store nearby also provide important amenities for residents. Vacant land across the street from Rose Hills is currently designated as open space and has previously been identified as surplus property by the City of Los Angeles.

Current Condition

The buildings of Rose Hill Courts were built in the 1940’s and have outlived their planned life cycle. The property has been experiencing termite infestation and damage to the existing structure with the infestation extending to subterranean level around the foundation walls and piers. Based on reports from structural engineers who surveyed the termite damage to the units and common areas, significant damage is found in the walls, studs, window headers, and floor joists.

According to the latest physical needs assessment, Rose Hill has over $16M in capital needs of which $11M is related to termite damage reconstruction. The engineer’s recommendation is to repair, reinforce or demolish the structure and bring the property to current seismic codes.

The Authority has conducted several resident meetings at the site to discuss the termite damage and steps that the Authority intends to take to address this issue. From a health and safety standpoint, as a short-term solution, the Authority will continue to monitor and treat all occupied units and buildings as necessary and as units are vacated, they will not be leased out. Out of the 100 units, seven units currently remain vacant.

Possible Long Term Options

Potential Long-Term Solutions for Rose Hill Courts include:

Comprehensive Modernization/Rehabilitation: Under this proposal, the Authority and the selected Developer will undertake a substantial rehabilitation effort to upgrade the property to market rate condition and extend its life expectancy by an additional 30 – 40 years.

Section 18 Demolition/Disposition/Redevelopment: Under this option, if the property satisfies the Criterion for Obsolescence, in which case Rehabilitation is not cost-effective, the Authority and the selected Developer could apply to HUD to demolish the property and dispose of it to a Partnership comprising of an instrumentality of the Authority and a Developer partner for redevelopment of low income replacement units using mixed finance sources of funding including tax credits.


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Section 18 Demolition: If the Authority and the selected Developer deem the property obsolete as to physical condition, making them unsuitable for housing purposes, and if no reasonable program of modifications is cost-effective to return them to useful life and if the site is too cost prohibitive to redevelop, the feasible option will be to demolish the property.

Redevelopment through Rental Assistance Demonstration (RAD): HUD is advocating that PHAs convert their public housing sites to the Rental Assistance Demonstration program (RAD), a new HUD initiative to preserve units by converting PH subsidies at current levels to long-term Section 8 contract rents. Under this option, the Authority and the selected Developer will seek HUD approval for a RAD conversion and take necessary steps to demolish, finance and rebuild.

All of the long term options being contemplated will require temporary and/or permanent resident relocation. Tenants will be eligible for relocation benefits subject to Federal and State regulations. The Authority will continue to conduct regular and ongoing resident and community meetings on the status of the short term measures and to discuss long term options.

The prospective Development Team should note that the Authority is issuing this RFQ to solicit unfettered and creative solutions for the long term viability of Rose Hill Courts in the most expedient and timely manner. The potential long term solutions being contemplated by the Authority should not be treated as the universe of possible options and the Authority look forward to working with the Developer on creative solutions if it helps achieve the goals of the Housing Authority with respect to the RHC community. The Developer will be expected to take the lead in communicating the features of any proposed options to the various stakeholders, including the current residents, and win their support.

E. Authority’s Goals and Objectives for Rose Hill Courts

The Authority’s goals for the Rose Hill Courts project are:

i. Select a qualified and experienced developer with the ability to carry out all aspects of an infill urban affordable housing rental rehabilitation or a redevelopment utilizing public and/or private sources of funding;

ii. Create a vision for the long term viability of RHC, conduct necessary planning studies in arriving at the most suitable long term solution and carry out its implementation;

iii. Ensure current residents who are in compliance with the terms of their lease agreement will be provided an opportunity to return to their rehabbed unit or relocate into a new unit in the redeveloped project;


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iv. Form partnerships with public and private stakeholders, businesses, non-profit and volunteer organizations to secure commitments for community and financial resources necessary for implementation of the vision; and

v. Create and maintain relationships with the residents and provide them with training, information and supportive services, as determined by outreach and/or funding sources.

F. Roles and Responsibilities of the Developer

Upon selection, the Authority will enter into a 90-day Exclusive Negotiation Agreement (“ENA”) with the selected Developer, pursuant to the terms of Exhibit E, during which the Authority will negotiate a Memorandum of Understanding (“MOU”) with the Developer. The Authority reserves the right to incorporate applicable HUD mandatory contract clauses in the MOU.

Once the MOU is executed, the Developer will assume responsibilities as necessary to create the desired Revitalization Plan. Responsibilities will include, but are not limited to, infrastructure and utilities planning, physical needs assessment of the property, relocation assistance if requested by the Authority, cost benefit analyses of various options including teardown and rebuild, conceptual design exercises, etc. to arrive at the most feasible rehab/development option. Once the Authority and the Developer have agreed on the plan with community and stakeholder inputs, they will negotiate and enter into a Disposition and Development Agreement, subject to the Board of Commissioners approval.

The Developer will be ultimately responsible for managing the selected Revitalization Plan from design and planning refinement to final build-out, overseeing site preparation and infrastructure development and community facilities, financing, lease-up and asset management. The Authority and the Developer shall enter into additional agreements and will seek Board of Commissioner’s approval for these actions as and when required.

Specifically, the Developer will be expected to undertake the following activities:

1. Preparation of feasible options - Physical Planning and Design Activities

a. Plan, coordinate and lead a comprehensive master planning process that engages all key participants including current residents, the surrounding community, sustainable development advocates, resident advocates, political stakeholders and others.

b. Produce a Revitalization Plan for consideration by the Authority. This Revitalization Plan must include at minimum the following components:


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i. Site Plan (buildings, size, type, intended use, traffic patterns, etc.).

ii. Finance Plan (funding sources, business plan).

iii. Plan to address historic rehabilitation standards, if any

iv. Overall Project Schedule.

v. Property Management Plan.

vi. Plan for Community and Jobs Development.

vii. Transition Plan/Relocation Plan for residents

viii. Supportive Services Plan

ix. Section 3 Resident Hiring and Local Hiring Plans

2. Legal Activities

a. Legal activities, including creation of partnership agreements and other entity and ownership structures necessary to implement all phases of the rehabilitation or redevelopment, review of all documents including entitlement and planning submissions and financial documents.

3. Financing Activities

The Developer and its Development Team shall be responsible for securing financing for all components of the rehabilitation or redevelopment including infrastructure, construction and permanent financing of vertical development.

4. Community Activities

a. Work with the Authority to facilitate resident and community meetings, and other community outreach efforts and meetings.

b. In accordance with HUD Section 3 and equal opportunity requirements, create business and employment opportunities for Public Housing residents, community residents and MBE/DBE/WBEs, in accordance with Authority policies and provide compliance reports to the Authority.

c. Provide and coordinate community social services for all residents, and report on the status of these services regularly to the Authority.


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5. Relocation

a. Assist the Authority in preparation of the relocation plan for the selected development option and the coordination of temporary or permanent relocation of resident families to other quality housing.

6. Demolition

a. If the selected development option involves demolition, Developer shall prepare a Demolition Plan for the Authority’s approval, assist the Authority in preparing appropriate applications for HUD approval, and will implement the demolition and appropriate disposal of all of the public housing units, management offices, and associated structures, streets, and deteriorating and/or obsolete infrastructure.

7. Pre-Construction & Construction

a. Develop architectural and engineering construction documents.

b. Oversee entitlement and planning applications.

c. Oversee the bidding and award process, and A/E construction administration of lenders’ regulations and requirements.

d. Advise the Authority on providing infrastructure improvements.

e. Hire Qualified General Contractors and Oversee Construction Activities - During construction, the Developer shall provide oversight, and management as deemed necessary, of construction activities by coordinating with all Development Team members and attending job-site meetings to ensure the expeditious implementation of construction activities.

f. Facilitate Necessary Site Improvements - The selected Developer shall initiate and complete site work and infrastructure and other public improvement construction in collaboration with the Authority.

g. Implement Development Program - In accordance with the MOU and the final Revitalization Plan approved by the Authority, the Developer will develop all improvements associated with the development program, including rehab/redevelopment of residential units and community facilities.

8. Management Activities

a. Develop a property management plan that articulates a strategy to achieve and maintain an affordable community.


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b. Goals for property management include long-term, high-performance resident satisfaction. Property management shall include plans to address leasing, occupancy, social service referrals and grievance procedures. Successful property management will also include working with existing social service networks and community groups. The Developer will work with the Authority in establishing admissions criteria, a tenant selection plan, and a uniform lease that will apply to all who rent unsubsidized, affordable, and public housing units in a mixed-income/mixed-finance community. Any property management plan or agreement must be approved by the Authority.

9. Indemnification/Guarantees

a. The Developer and/or its development partners shall provide to the Authority a performance and construction completion guarantee, cost guarantee and other guarantees required by the Authority, construction lenders and the Tax Credit Limited Partner for the rehabilitation or redevelopment.

b. The Developer will be required to indemnify the Authority and its directors, officers, commissioners, employees and agents and hold them harmless in all activities of the rehabilitation or redevelopment.

c. The Developer will be required to meet net worth, ownership requirements, operating deficit and credit adjuster requirements of lenders and Tax Credit limited partners, as appropriate for the entire term of the partnership.

G. Performance Review Process

The Authority expects that the selected Developer will be responsible for implementing all stages of the Revitalization Plan. However, each stage of the rehabilitation or redevelopment will be subject to review and evaluation by the Authority. Performance reviews will include but not be limited to the ability to complete the Revitalization Plan, secure community support, financing, achieve targeted schedules, deliver units on schedule, and engage in a constructive and cooperative relationship with the community.

H. Legal and Financial Structure Authority

The following sections describe aspects of a legal and financial structure that have been used in other public housing mixed-finance transactions to accomplish the Authority’s objectives. The Authority will consider other structures that achieve the same goals.


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Ownership Structure

An entity (the “Ownership Entity”) will hold title to the improvements in the RHC community. The Authority or its instrumentality expects that it will be a significant participant in the Ownership Entity. It is contemplated that the Developer may have specific day-to-day management and operational authority as determined by the Ownership Entity, related LIHTC investors or lenders. The actual ownership structure will be determined appropriately to meet the needs of the new redeveloped RHC community. The Authority will expect to participate in the Ownership Entity as Managing General (non-profit) partner or as otherwise necessary if a non-profit entity is chosen as the Developer to achieve agreed-upon economic participation. Further, the Authority will expect to receive a Purchase Option and Right of First Refusal for the rehabbed/redeveloped project.

Ground Lease

The Authority will not convey its fee interest in the real property used for the rental housing development but will enter into a long-term ground lease with the Ownership Entity. The Authority anticipates that the term of the ground lease will be not less than 55 years. The amount of annual rent under the ground lease is subject to negotiation and will be considered as part of the financial incentives provided to the Authority by the Developer. The ground lease will include restrictive covenants requiring that a designated number of PHA-Assisted Units will be available for public housing eligible families and subject to certain public housing rules for at least 40 years. At the end of the term of the ground lease, all improvements thereon will revert to the Authority.

I. Authority Resources Available for the RHC Site

The Authority can provide a portion of project financing through potential use of project based vouchers and limited program income, while helping the Developer secure financing commitments from public sources.

a. Project Funds:

The Authority currently has limited disposition proceeds and program income to utilize toward the planning, predevelopment, and eventual financing of the rehabilitation or redevelopment of RHC. These funds will be provided under various agreements with the selected Developer. The Developer shall meet all requirements of such funding programs including any subsequent Grant Agreements, and all other requirements of HUD’s Mixed Finance Development Regulations or other HUD regulations.

b. Land:

The project may be built on the Authority-owned land. The Authority will negotiate a capitalized Ground Lease with the


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Developer for various phases of the rehab/redevelopment consistent with HUD requirements. The Developer has the flexibility to privately acquire additional off-site parcels as part of its Revitalization Plan which could include a land-swap.

J. Authority Desired Outcomes

1. The Authority’s Return on Investment and Financial Benefits to the Authority

The Authority desires to participate in the eventual rehab/redevelopment project through its affiliate/instrumentalities as a Managing General (non-profit) partner (or potentially a general partner if the selected Developer is a non-profit entity), enabling the Authority to obtain a return of and return on its investment.

The Authority and the Developer will negotiate the Authority’s participation in the development and receive compensation which may include, but not be limited to capitalized ground lease payments, share of the developer fee, asset management fee and possible cash flow split during operation and a Purchase Option and Right of First Refusal for the improvements.

2. Local Hire and/or HUD SECTION 3 REQUIREMENTS

The purpose of Section 3 of the Housing and Urban Development Act of 1968, as amended by Section 915 of the Housing and Community Development Act of 1992, 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 toward low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons.” Pursuant to this regulation, each Respondent shall comply with the Authority’s Section 3 Policy requirements if it is selected as the Developer.

The Developer shall provide examples of past local hiring/and or HUD Section 3 practices in their comparable redevelopment projects in their Submittal for the RFQ. Upon the selection of the qualified Developer, the Developer is required to complete and comply with the requirements of Exhibit O.

See Exhibit O for Section 3 Requirements & Certification Forms for more information.


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3. Prevailing Wage/Davis Bacon requirement

The RHC rehabilitation or redevelopment project will be subject to State Prevailing wage requirements or Davis-Bacon wage requirements. The Developer and their sub-contractors shall be responsible for determining the applicability of prevailing wages and fulfilling reporting requirements to the State and to the Authority.

4. One-For-One Replacement

The Development Team will strive to provide for the recommended one-for-one replacement of any or all units demolished or disposed of during the redevelopment of RHC with a comparable unit.

5. Tenants’ Right to Return

Current RHC residents who are in compliance with the terms of their lease agreement will be provided an opportunity to be relocated and then return to their newly rehabbed or redeveloped unit.


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II. GENERAL INSTRUCTIONS

A. Qualification Submittal

The Developer shall submit one (1) original, five (5) copies and one (1) CD-ROM disk of the Statement of Qualifications (“Submittal”) and related information in a sealed package by September 26, 2014 no later than 2 p.m. Pacific Time to:

Housing Authority of the City of Los Angeles 2600 Wilshire Boulevard, 4th Floor Los Angeles, California 90057 Attn: Swan Lam, Contract Administrator

Submittals received after 2:00 p.m. Pacific Time September 26, 2014 may, at the sole discretion of the Authority, be rejected as non-responsive and returned without review. It is the practice of the Authority not to consider late offers unless it is determined that a selection cannot be made from among the Submittals received on time. In order to be considered on time, a Submittal must be either date-stamped or bear a handwritten inscription by an authorized representative of the Authority confirming receipt by the above-specified deadline.

The Authority shall not be responsible for, nor accept as a valid excuse for late Submittal delivery, any delay in mail service or other method of delivery used by the Developer.

All Submittals shall strictly comply with the requirements of this RFQ, must be complete, must include executed copies of all documents and certificates required herein, and shall be enclosed in a sealed package(s) plainly marked with the words Submittal Responding to RFQ No. 7600: Statement of Qualifications; Do Not Open Until September 26, 2014.”

All Submittals shall be firm offers to negotiate subject to acceptance by the Authority and may not be withdrawn for a period of 180 calendar days following the last day to accept Submittals. Submittals may not be amended after the due date. Incomplete Submittals will not be accepted.

The Authority is interested in receiving Statements of Qualifications only from those Developers who possess and can demonstrate the ability to rehabilitate or redevelop the RHC site in a manner consistent with at least the minimum requirements contained in this RFQ.

This RFQ provides all the necessary information about application procedures. There is no formal application package. Developers should provide, but not limit their responses, to the information outlined in this RFQ.


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B. Pre-Submittal Conference

A Pre-Submittal Conference to discuss the RFQ and answer questions from prospective Developers prior to submittal will be held in an open forum September 9, 2014 at 4466 Florizel Street, Los Angeles, CA 90032 at 2:00 p.m. followed by a site tour.

While attendance at the meeting is not a prerequisite for a Submittal, all prospective Developers are strongly encouraged to attend. Minutes or other record of the conference will not be disseminated, except where material changes to the RFQ are made by the Authority representatives or answers to questions are deferred and later communicated as part of an addendum to this RFQ.

C. Questions from Developers

Developers are asked to defer all questions regarding this RFQ until the Pre-submittal Conference. Where questions are known in advance, Developers are encouraged to submit these in writing at least two (2) days prior to the conference.

After the Pre-Submittal Conference, questions or comments regarding this RFQ (except to inquire about the number of addenda issued) must be put in writing and must be received by the Authority no later than 2:00 p.m. September 11, 2014. Written questions are to be emailed to [email protected].

The Authority shall not be obligated to answer any questions received after the above-specified deadline or any questions submitted in a manner other than as instructed above.

D. RFQ Addenda and Clarifications

If it becomes necessary for the Authority to revise any part of this RFQ, or to provide clarification or additional information after the Submittal documents are released, a written addendum will be sent to each recipient of record of the original RFQ. Recipients of record are those parties that obtained a copy of the RFQ directly from the Authority. Addenda will be available at www.labavn.org. It shall be the responsibility of the Developers to inquire of the Authority as to any addenda issued. This may be done by calling Swan Lam at (213) 252-1895 prior to the submittal deadline (this is the sole exception to the requirement that questions after the pre-submittal conference be submitted in writing). All addenda issued shall become part of the RFQ.

Answers to questions that cannot be answered by Authority staff at the Pre-Submittal Conference will also be communicated in writing as part of an addendum. In addition, responses to written questions received by the specified deadline after the Pre-Submittal Conference will be incorporated in an addendum.

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E. Pre-contractual Expenses

Pre-contractual expenses are defined as any expenses incurred by the Developer in: (1) preparing its Submittal in response to this RFQ; (2) submitting that Submittal to the Authority; (3) negotiating with the Authority any matter related to this RFQ, including a possible contract, ERN or MOU; or (4) engaging in any other activity prior to the effective date of award, if any, of a contract resulting from this RFQ. The Authority shall not, under any circumstances, be liable for any pre-contractual expenses incurred by Developers, and Developers shall not include any such expenses as part of their Submittals.

F. No Commitment to Award

Issuance of this RFQ does not commit the Authority to award a contract or to enter into an offer to negotiate. The Authority expressly reserves the right to postpone the Submittal opening for its own convenience, to accept or reject any or all Submittals received in response to this RFQ, or to cancel all or part of this RFQ.

G. Acceptance of Offer for Exclusive Negotiation, Negotiation Period and Good Faith Deposit

1. Offer of Exclusive Negotiation

Developers responding to this RFQ are asked to initial and include in the Submittal, the Offer For the Exclusive Right to Negotiate (“Offer”) in the format of Exhibit E. This Offer may be modified to incorporate other pertinent terms and conditions set forth in this RFQ, including those added by addendum, and to reflect the Developer’s Submittal or the outcome of negotiations, if any, conducted with the Developer. Exceptions to the terms and conditions of the Offer, or the Developer’s inability to comply with any of the provisions of the RFQ, must be declared in the Submittal.

H. Memorandum of Understanding (“MOU”)

Successful negotiations during the 90-day exclusive negotiation period pursuant to Acceptance of the Offer are intended to result in the negotiation with the Developer of a MOU with the Authority for revitalization of RHC.

The Authority reserves the right to incorporate applicable HUD mandatory contract clauses in the MOU. The MOU must, at a minimum, contain or incorporate the terms and conditions of each of the following:

1. All of the requirements detailed in this RFQ and all submittals made by the Developer in response to this RFQ.

2. The roles and responsibilities of the Developer and the Authority with respect to all activities of rehabilitation or redevelopment, with the


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Developer assuming the responsibilities of preparing and analyzing the various options, including financial options, with respect to both rehab and redevelopment, the planning, construction, property management, architectural and construction management, obtaining of permits, approvals and other entitlements from local government, and approvals from, and coordination with HUD.

3. The Authority’s right to approve developers, partners, contractors or subcontractors, if any, of the Developer and other key members of the development team, including the proposed general contractor and property management firm.

4. Financial participation in and proposed ownership position by the Authority, including a Purchase Option and Right of First Refusal for the improvements on the RHC site.

5. The financial roles and responsibilities of the Developer and the Authority, as outlined in prior sections of the RFQ.

6. The requirements regarding minimum design objectives and guidelines, architectural standards, including requirements for safety and security, crime prevention, energy efficiency and green building standards.

7. The roles and responsibilities of the Developer in connection with resident participation, resident services, resident job training and participation in community enterprises.

8. The requirements regarding resident training and employment opportunities, utilization of minority and resident-owned businesses, minority and resident employment opportunities, federal, state and local wage rate mandates and other applicable requirements.

9. Long term guaranties on the preservation of low income housing, resident re-housing and relocation rights, property management practices and standards pursuant to HUD requirements that rental housing units be constructed with public housing funds or project based Section 8 vouchers, remain available at affordable rents equal to 30% of gross income.

10. Ongoing obligations of the Developer which continue through and beyond the completion of construction.

I. Exceptions/Deviations

Any exceptions to, or deviations from, the requirements set forth in this RFQ, must be declared in the Submittal submitted by the Developer. Such exceptions or deviations must be segregated as a separate element of the Submittal under the heading Exceptions and Deviations.


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J. Protests

(a) Protests shall be submitted and resolved in accordance with HACLA’s Procedures for Competitive Solicitation Protests (the “Protest Procedures”), a copy of which may be downloaded from the internet at www.hacla.org under “Doing Business with HACLA”. Copies of the Protest Procedures are also available at HACLA, General Services Department, 2600 Wilshire Boulevard, 4th Floor, Los Angeles, CA, 90057.

(b) Protests must be in writing and delivered to the attention of Swan Lam. Protests may be filed electronically (email) to Contract Administrator, by fax to (213) 252-5463, or by mail to Housing Authority of the City of Los Angeles (HACLA), General Services Department - Attn: Contract Administrator, 2600 Wilshire Boulevard, 4th floor, Los Angeles, CA. 90057.

K. Notice Regarding Disclosure of Proposal Contents

All proposals received by the Authority shall become the property of the Authority and be considered "public records" as defined by Government Code section 6252 of the California Public Records Act (Government Code section 6250 et. seq.). After contract award, all proposals are subject to public inspection and/or copying except as provided herein. Exception is made for proposer’s financial information, which is expressly excluded from disclosure under Government Code section 6254.15 and proposer’s private information (i.e., social security and tax identification numbers), protected under Government Code section 6254(c).

Exception is also made for any portion of a proposal containing Trade Secret Records, as defined under the Uniform Trade Secrets Act (Civil Code sections 3426 et. seq.), provided such information is clearly identified as a trade secret and is submitted in a separate binder marked "Trade Secret" which shall be accompanied by an Acknowledgement of Trade Secrets Form, which will be provided by the Authority upon request. The Authority shall not be liable or in any way responsible for the determination of or disclosure of Trade Secret Records that are not so identified and segregated, or if submitted without the Acknowledgement of Trade Secrets Form, or if disclosure is required under the Public Records Act.

Any proposal that contains language purporting to render all or significant portions of the proposal Trade Secret Records, confidential or otherwise proprietary, may, in the sole and absolute discretion of the Authority, be rejected as non-responsive and/or deemed public records subject to disclosure except as provided in the first paragraph above. The decision of the Authority in this regard is final and not appealable under the Authority’s Bid Protest Policy, procedures or otherwise.

Although the California Public Records Act recognizes that Trade Secrets may be protected from disclosure, the Authority may not be in a position to establish


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that the information proposer has identified as Trade Secrets satisfies the legal requirements for Trade Secret Records under the Uniform Trade Secrets Act. Therefore, following receipt of a public records request for public records identified as Trade Secrets, the Authority shall notify the proposer of the request and shall provide proposer a reasonable period of time (not to exceed 14 business days) in which to secure a protective order from disclosure by a court of competent jurisdiction. If the proposer fails to secure a protective order within the requisite time identified by the Authority, proposer forfeits the right to assert that the public records are Trade Secret Records protected from disclosure under the Uniform Trade Secrets Act. Thereafter, the records will be subject to disclosure as public records.

Proposer agrees that by submitting a proposal containing trade secrets, proposer agrees to indemnify and hold harmless the Authority, its officers, directors, commissioners, employees and agents from any judgment, fines, penalties, and attorneys’ fees awarded against the Authority in favor of the party requesting the Trade Secret Records, and any and all costs connected with the Authority’s defense of said action. Further, in submitting a proposal containing trade secrets, proposer agrees this obligation survives until proposer provides a written statement or similar notice to the Authority stating that it no longer wishes to exempt the Trade Secret Records from public disclosure, or the Trade Secret Records are destroyed and disposed of in accordance with the Authority’s Record Retention and Disposition Schedule.

L. Due Diligence and Regulatory Compliance

Proposers are required to provide information regarding the financial condition and principal agents of the organization and project partners. Financial condition is evidenced by recent Balance Sheets, or Audited Income Statements, while principal agent information is evidenced by resumes for all key principals/partners of the organization. In order to ensure regulatory compliance, The Authority will perform due diligence on all proposals to verify the accuracy of the information provided.


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III SUBMITTAL FORMAT AND CONTENT

A. Presentation

Submittals shall be submitted in a sealed package and on 8 ½” x 11” size paper, using a simple method of fastening. Submittals should be typed and should not include any unnecessary elaborate or promotional material. Lengthy narrative is discouraged and presentations should be brief and concise. The form, content and sequence of the Submittal should follow the outline presented below.

B. Submittal Content

1. Transmittal Letter/Introduction

The letter of transmittal shall be addressed to Mr. Ken Simmons, Chief Operating Officer of the Housing Authority of the City of Los Angeles and must, at a minimum, contain the following:

a. identification of the offering firm(s), including name, address and telephone and facsimile number of each firm;

b. proposed working relationship among the offering firms (e.g., prime subcontractor), if applicable;

c. acknowledgment of receipt of RFQ addenda, if any;

d. name, title, address and telephone and facsimile number of a contact person during period of Submittal evaluation;

e. a statement to the effect that the Submittal shall remain valid for a period of not less than one-hundred eighty (180) days from the due date for Submittals;

f. identification of any information contained in the Submittal which the Developer deems to be, and establishes as, confidential or proprietary and wishes to be withheld from disclosure to others under the state Public Records Act (a blanket statement that all contents of the Submittal are confidential or proprietary will not be honored by the Authority);

g. briefly address how the Developer meets the eligibility criteria described in this RFQ and its desire to enter into a MOU with the Authority and or the Authority-designated entity for RHC; and

h. signature of a person authorized to bind the offering firm to the terms of the Submittal.


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2. Table of Contents

Immediately following the transmittal letter and introduction, include a complete table of contents.

3. Submittal Contents

The form and content of each Submittal shall be organized in the following sequence, separated by labeled tabs as follows:

TAB A

Developer Qualifications and Capacity (25 points).

The Developer shall submit the following information regarding its own organization, and for each key team member proposed. The submitted information should represent the “full” team including, e.g., legal counsel for the land use efforts as well as the real estate transaction, design team members including architect and a full complement of engineers, civil engineer, landscape architect, environmental, community outreach specialists, and any specialty team members that will be required to complete the planning studies.

1. Organizational Structure and Staffing for Development Team. Provide a detailed description of the organizational structure and staffing of the entity/development team including the architect, contractor, if applicable, management company etc. as required to demonstrate a ready team, and include an organizational chart of key personnel with responsibilities delineated. Describe the legal and business relationship of the participating parties, stipulating their roles, and responsibilities.

2. Profile of the Principals and Key Staff of Development Team. Provide profiles of the principals and key staff to be involved in the revitalization efforts. This information should specify their roles and their previous experience with similar housing development projects.

3. Experience of Developer. Provide evidence of experience in assembling and managing a development team on projects of similar scope and magnitude.

4. Due Diligence and Regulatory Compliance of Developer only. The Authority shall evaluate the Developer’s Financial Capacity based on the information provided under this section. At the discretion of the Authority, a Submittal may be rejected as non-responsive if the Proposer submits false information. The Submittal will be deducted accordingly if the Proposer fails to submit or note as inapplicable,


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any of the following requirements listed below. Proposers are required to provide the following information that will help the Authority carry out its due diligence on the proposer:

a. Three years of audited Financial Statements for Developer including opinion letters from the Developer’s accounting firm(s).

b. Indebtedness

i. List of all actual or contingent indebtedness (e.g., loan guarantees, letters of credit, banker’s acceptances, swaps) not reflected in most recent financial statements and all material correspondence from any governmental entity relating thereto

ii. List of existing key financing institutions and relationships

c. Corporate structure of the Organization (include the following documents):

i. Original certificate of incorporation of the organization, all amendments and latest copy of Certificate of Good Standing from the State.

ii. Copy of screen shot from Secretary of State’s website showing current valid entity status

Upon selection, the following documents may also be required of the Developer:

iii. By-laws of the organization, as amended

iv. Closing record books for any material corporate transactions (e.g., reorganization into holding company structure, joint ventures, etc.)

v. Listing and description of any subsidiaries, joint venture partners, etc.

vi. Partnership agreements, if applicable

vii. Joint Venture agreements, if applicable


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d. All key principals/partners of the organization (include the following documents):

i. Detailed organizational chart

ii. List of all directors and officers

iii. Resumes of directors, officers and senior management

e. Warranties/representations

i. The Proposer warrants that it is free to enter into any contract awarded under this RFQ and is not subject to any obligation or disability which will or might prevent or interfere in fully keeping and performing all of the conditions to be kept and performed under any contract awarded under this RFQ.

ii. The Proposer further warrants that it has not paid anyone for the purpose of being awarded a Contract under this RFQ and that entering into a contract or MOU and performing the services thereunder will not constitute a conflict of interest.

iii. The Proposer further warrants that neither it, nor its agents or representatives, has offered or given gratuities in the form of entertainment, gifts, favors or other items or services of value to any officer or employee of the Authority with a view toward securing: (i) award of a contract, (ii) amendment of its contract after award, (iii) favorable treatment of the Proposer by the Authority in the administration of the contract or in the making of any determination with respect to the Proposer’s performance of its obligations under the contract or MOU.

iv. The Proposer is a corporation or other legal entity duly organized and in good standing under the laws of the State of California. Proposer has full right, power and authority to make its Submittal and undertake all obligations as provided herein. The execution, performance and delivery of this Submittal have been fully authorized by all requisite actions on the part of the Proposer.

f. Liabilities

i. Litigation

1. List of all pending or threatened litigation, arbitration, administrative or other proceedings involving the


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organization, any subsidiary or any joint venture involving the organization or any subsidiary, or any officer or director (including parties, remedies sought and nature of action)

2. List and description of all pending or threatened government or other investigations involving the organization, any subsidiary or any officer or director

3. Pleadings and other material documents in material litigation, arbitration and investigations and other proceedings

4. Consent decrees, judgments, etc., under which there are continuing or contingent obligations

5. Letters from lawyers to auditors concerning litigation and other legal proceedings

ii. Regulatory Compliance

1. Description of any violations of governmental laws or regulations

2. Material reports to governmental agencies 3. Reports, notices or other correspondence concerning

any known or alleged violation of Federal or state antitrust, environmental, public service or securities laws and regulations

4. Agreements or commitments with governmental entities or other persons relating to clean-up obligations or other environmental liabilities

5. Copies of correspondence between Federal or state government agencies and the organization

6. Disclosure of any pending or active investigation by any authority or agency of Federal, State, County, Municipal or other local governmental authority

iii. Disclose any criminal convictions or indictments, pending or filed.

iv. Disclose any late payments or defaults on loans to City of Los Angeles development partners or lenders (i.e. CRA, LAHD) or other governmental lenders on prior projects or loans and state the reasons for the late payments or default.

5. Letters of Recommendation from one or more lenders and equity investors.

6. Developer should provide three references from each of the following groups, both for the Developer and for each associate


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developer of the Developer’s team. Please do not provide more than one reference from the same organization for any member of the proposed development team:

• Construction lender; • Permanent lender; • General contractor on a comparable development; • Low Income Housing Tax Credit limited partner investor.

In addition, one reference from each of the following groups, both

for the Developer and for each associate developer of the Developer’s team.

• Public agency prior development partners; • A community group that has worked with the Developer on a

specific development; and • Prior joint development partner in a comparable development.

Note: In providing references, please provide name, title, organization address, phone number, e-mail address, and the name of the affordable housing development relating to the reference.

TAB B

Developer Project Experience (25 Points)

The Developer shall submit the following information regarding the qualifications, experience and prior track record of its own organization, and for each Development Team member proposed:

1. Previous Affordable Housing Development Experience. Provide information on five of the most recent and successful affordable housing development projects in which the principals of the firm have participated as general partners or equivalent. The case studies should be similar rehab/redevelopments of over one hundred (100) units and at least three of the case studies must be projects developed under HUD’s Mixed Finance or Rental Assistance Demonstration (“RAD”) requirements. This information should list the development’s location, unit count by bedroom count, together with community facilities, and other noteworthy features, ownership type, public programs utilized, if any, income levels served (very low, low, moderate, market rate or mixed and senior), type of development (high, mid or low-rise, walk-ups,


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townhouses, etc.), extent of community and/or resident participation and development cost. Also, describe the construction and permanent financing arrangements showing the nature and extent of the participation between financial lending institutions and the Developer. The Developer’s current equity interest in each project should be discussed. Each case study should be no longer than three (3) pages and should include contact information for a reference who can speak objectively about the contributions made by the Development Team in the rehab/redevelopment process.

2. The Developer will demonstrate a successful track record in (i) securing 4% and 9% Low Income Housing Tax Credits, and any Energy Tax Credit project allocations, (ii) effective syndication of their projects and competitive equity investments received from limited partner investors, and (iii) demonstrate success in securing local city/agency financial support such as Affordable Housing Trust Fund, Affordable Housing Program Subsidies from the Federal Home Loan Bank Board, and other affordable rental housing subsidies.

3. The Developer must demonstrate a track record with HUD programs or similar mixed finance programs for development of low income housing.

Project descriptions should include a statement of the initial construction budget and the degree to which each project or phase was completed on time and on budget. To the extent time and cost overruns occurred, a description of the reasons for such overruns should be provided.

4. Describe the experience of your firm in successful joint venture(s) or development programs with other governmental entities.

5. Provide evidence of experience in developing community facilities associated with new or revitalized housing communities.

6. Provide a list of current projects in the Developer’s development pipeline, including pre-development, construction and lease-up. These developments should describe the location, size, timeline and financial guarantees expected to be required of the Developer. The description of the Developer’s staffing should identify the capacity to undertake the RHC rehab/redevelopment in addition to the existing projects of the Developer.


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TAB C

Project Financing Experience (15 Points)

The Developer shall submit the following information regarding its prior public housing rehab/redevelopment projects that demonstrates successful financing experience in leveraging funds in mixed finance transactions and assembling financing packages for mixed-finance transactions, including Hope VI awards, assembling state and local funding sources for horizontal and vertical development:

1. The Developer should describe any credentials or experience in working with other PHAs in successfully applying for Hope VI or CNI grants, mixed finance or RAD proposals, and managing public housing capital funds and operating subsidies.

2. The Developer should describe experience in securing financing for infrastructure development including street improvements, parks, open spaces and other public facilities.

3. The Developer should describe their expertise in securing low income housing tax credits, taxable and tax exempt multi-family revenue bonds, conventional and FHA insured debt, and other credit enhancements, tax increment financing, and other financing sources

5. The Developer should describe its approach to building a successful Financial Plan for rehab/redevelopments of this scale. Include specific comparable examples from among your projects.

TAB D

Work Plan/Technical Approach/ Methodology (10 Points)

Overview: This section shall establish the proposer's understanding of the Authority's objectives and requirements, demonstrate the proposer's ability to meet those requirements, and outline clearly and concisely the plan for accomplishing the specified work.

1. Describe as succinctly as possible how your firm would accomplish and approach the tasks and satisfy the Authority's objectives described in this RFQ. If appropriate, divide the project into segments or tasks to represent milestones for measuring progress.

2. Describe what information, documents, staff assistance, facilities or other resources you would require from the Authority to complete


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your work; declare and state any other critical assumptions upon which your work plan is based.

TAB E

Asset and Housing Management Experience (5 Points)

The Developer may directly manage the property or contract with a professional management firm. The Developer should demonstrate successful experience, directly or indirectly, in the management of mixed income housing facilities.

1. Through their asset management experience, the Developer should demonstrate, including without limitation, sound financial property management administration operations, and maintenance of multi-family residential community.

2. The Developer should demonstrate experience in complying with HUD rules, the LIHTC program, the Affordable Housing Trust Fund program or other similar regulations impacting housing.

3. If any management contract has been terminated, state when and explain the reasons for termination.

4. In addition, provide at least two (2) Management Plans for previous comparable redevelopments located in urban settings.

TAB F

Prior Work with Residents and Communities (15 Points)

Provide evidence of prior work in housing development efforts in low-income, multi-cultural and multi-lingual communities and include resident participation in the planning, design and reconstruction process. Describe previous partnership arrangements developed with resident organizations and explain the strategy used to include residents in all aspects of the development effort.

1. Describe your firm’s success in engendering community support for the developments you have developed.

2. Describe and quantify the number of non-construction employment opportunities for residents or community persons that have resulted from past projects described above.


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3. Describe the proposed number of jobs that you estimate will be created in construction, or in the Developer’s own staff.

4. Provide specific information on past experience the Developer has in the following areas:

a. Training for and/or contracting with Resident Management Councils.

SPECIAL NOTE: TAB G

The selected Developer is required to complete the requirements listed in Tab G prior to the execution of the Memorandum of Understanding.


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TAB G

Section 3 and/or Local Hire (5 Points)

The Developer should provide examples of past local hiring and/or HUD Section 3 practices in their comparable rehab/redevelopment projects in their submittals for the RFQ. The selected Developer is required to comply with the requirements listed in Exhibit O.

4. Exceptions/Deviations

State any exceptions to, or deviations from, the requirements of this RFQ, including exceptions to the Insurance Requirements, Exhibit P. If you wish to present alternative approaches to meet the Authority’s insurance requirements, these should be thoroughly explained.

5. Insurance Requirements

Overview: This section establishes that the selected Developer shall provide and maintain the following upon the execution of an MOU; and

a. Statutory Workers' Compensation, as required by the California Labor Code with no exclusion and listing the Housing Authority of the City of Los Angeles as Certificate holder; and

b. Comprehensive General Liability with limits not less than $2,000,000 with the Housing Authority of the City of Los Angeles as an additional insured; and

c. Comprehensive Automobile Liability insurance with limits not less than $500,000 per occurrence for all owned and non-owned vehicles, with the Housing Authority of the City of Los Angeles as additional insured on the Contractor’s policy; and d. Professional Liability Insurance with limits not less than $1,000,000 per occurrence, with the Housing Authority of the City of Los Angeles as additional insured in a certificate with endorsement.

6. Appendices

a. Supporting Documents

Furnish as appendices those supporting documents (e.g., financial statements, staff resumes) requested in the preceding instructions.

b. Evaluation Criteria


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Include any additional information related to the criteria set forth in this RFQ that you deem essential to a proper evaluation of your Submittal and which is not specifically solicited in any of the preceding sections. Developers are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous material; appendices should be relevant and brief.

c. Affidavits, Certification

As evidence of conformance to the Authority’s policies, complete and include as an appendix to your Submittal with the followings:

1. Offer for Exclusive Right to Negotiate (Initial) 2. Affirmative Action Requirement and Certification;

Workforce Profile 3. Non-Collusion Affidavit – (Notarize) 4. Instructions to Offerors Non-Construction (Form HUD-

5369-B) 5. General Conditions for Non-Construction contracts (Form

HUD-5370-C) 6. Certification: Conflict of Interest 7. Affidavit Regarding Information Submitted by the Proposer 8. Acknowledgement of Trade Secrets Form and Agreement

to Indemnify and Hold Harmless 9. Vendor Application

If your firm does not comply with one or more of these policies, declare this and explain the reasons.


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IV. SUBMITTAL EVALUATION AND CONTRACT ACCEPTANCE OF OFFER

A. Evaluation Panel

The Authority will establish a panel that may comprise representatives from the Authority and the City, (“Evaluation Panel”). The Evaluation Panel will be responsible for reviewing, analyzing and evaluating the Submittals timely received based on the evaluation criteria and submission requirements outlined in this RFQ and will make its rankings recommendation to the Contracting Officer of the Authority. The Contracting Officer may accept, modify or reject the recommendations of the Evaluation Committee and may make a recommendation to the Board of Commissioners regarding selection of the Developer.

B. Evaluation Criteria

By use of numerical and narrative scoring techniques, Submittals will be evaluated by the Evaluation Panel according to the following criteria:

1. Completeness of Application

The Developer’s Submittal will first be evaluated for completeness and for compliance with the threshold requirements described below.

Developers must submit all required submittals to this RFQ. If any material information required by this RFQ is not submitted, the Authority maintains the discretion to request the missing information from the Developer or reject the Developer’s Submittal. The Authority reserves the right to reject incomplete or late Submittals.

2. Submittal Scores

If the Developer’s Submittal is found complete and acceptable according to the threshold requirements listed above, each of the criteria required by this RFQ will then be evaluated and given a numerical score. The relative weights of the criteria are based on a 100-point scale. Within each evaluation criterion listed, the sub-criteria to be considered are those described in Section III, “Submittal Format and Content.

A. Developer Qualifications and Capacity (25 points)

B. Developer Project Experience (25 points)

C. Project Financing Experience (15 points)

D. Work Plan/Technical Approach/ Methodology (10 points)

E. Asset and Property Management Experience (5 points)

F. Prior Work with Residents and Communities (15 points)


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H. Local Hire and/or Section 3 (5 Points)

TOTAL POINT SCORE (100 points)

Upon ranking of the most qualified developers, the Authority may require the finalists to make an oral presentation to the Evaluation Panel and/or the Board of Commissioners to answer questions and further explain their Submittals. If such interviews are conducted, the Panel’s and/or the Board’s appraisals of the presentations will also be factored into the final scores assigned the developers based on the same criteria as the written Submittal evaluation factors. However, developers are advised that an award may be made without interviews or further discussion.

The Authority expressly reserves the right to reject any or all Submittals, with or without giving a reason, and to waive any irregularities or informalities in the Submittals received. The Authority shall not be liable for any costs incurred by the Developer in connection with the preparation and submittal of the qualifications.

3. Negotiation

The Authority will select the most qualified respondent to analyze the property, prepare various feasible planning options for long term viability of RHC, work with the Authority and the community in determining the most feasible rehabilitation/ redevelopment option, and implement all development activities including securing any needed City approvals, financing, securing any needed HUD approvals, carrying out and managing construction and managing the property and perform any other development due diligence and related services described in this RFQ. The Authority will evaluate and rank the respondents based on the evaluation criteria described in this RFQ and will enter into a 90-day Exclusive Negotiation Agreement (“ENA”) with the number one ranked respondent for the purpose of entering into a mutually acceptable MOU to perform the services. The Authority reserves the right to approve a particular respondent or a development team comprised of two or more respondents, in the Authority’s sole discretion.

This RFQ is a qualifications-based procurement which does not include price as a factor, but is subject to the later negotiation of fair and reasonable compensation, including HUD’s Safe Harbor Standards, HUD’s TDC limits and other applicable cost limitations. The Authority requests technical qualifications statements from prospective respondents and then ranks the submittal according to their qualifications to perform the services. The Authority then opens negotiations with the top-ranked respondent under the ENA with the intent of reaching agreement on mutually acceptable MOU terms for the respondent to perform the services. If agreement cannot be reached on an MOU, the Authority will


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terminate negotiations with this developer and may cancel the RFQ or proceed to the next-highest rated developer until terms determined to be fair and reasonable to both parties are agreed upon. Once negotiations have been terminated with a Developer, the Authority will not go back to that Developer for additional negotiations.


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EXHIBITS

A. Aerial Map of Rose Hill Courts B. Photos of the Property C. Demographic data for Rose Hill Courts D. Zoning Information MUST INCLUDE THE FOLLOWING FORMS/EXHIBITS IN YOUR RFQ SUBMITTAL:

E. Offer for Exclusive Right to Negotiate - Initial F. Affirmative Action Requirement and Certification; Workforce Profile G. Non-Collusion Affidavit – Notarize H. Instructions to Offerors Non-Construction (Form HUD-5369-B) I. General Conditions for Non-Construction contracts (Form HUD-5370-C) J. Certification: Conflict of Interest K. Affidavit Regarding Information Submitted by the Proposer L. Acknowledgement of Trade Secrets Form and Agreement to Indemnify and Hold

Harmless M. Vendor Application

THE SELECTED DEVELOPER MUST COMPLETE THE FOLLOWING FORMS/EXHIBITS AND COMPLY WITH THE REQUIREMENTS THEREIN PRIOR TO THE EXECUTION OF THE MEMORANDUM OF UNDERSTANDING

N. MBE/WBE Requirements, Affidavit and Certification - Notarize O. Section 3 Requirements, Affidavit and Certification P. Insurance Requirements & Certificate of Insurance


EXHIBIT A

SITE MAP & AERIAL MAP OF ROSE HILL COURTS


AERIAL MAP OF ROSE HILL COURTS & SURROUNDING


EXHIBIT B

PHOTOS OF THE PROPERTY


PHOTOS OF TERMITE DAMAGE TO THE PROPERTY


EXHIBIT C

DEMOGRAPHIC INFORMATION


EXHIBIT D

PARCEL MAP & PROFILE

City of Los AngelesDepartment of City Planning

8/11/2014

PARCEL PROFILE REPORT Address/Legal Information

PIN Number 144A229 493

Lot/Parcel Area (Calculated) 98,324.5 (sq ft)

Thomas Brothers Grid PAGE 595 - GRID C6

PAGE 595 - GRID D6

Assessor Parcel No. (APN) 5305011900

Tract TR 13089

Map Reference M B 308-21

Block None

Lot 1

Arb (Lot Cut Reference) None

Map Sheet 142-5A229

144A229

Jurisdictional Information

Community Plan Area Northeast Los Angeles

Area Planning Commission East Los Angeles

Neighborhood Council LA-32

Council District CD 14 - Jose Huizar

Census Tract # 2013.01

LADBS District Office Los Angeles Metro

Planning and Zoning Information

Special Notes None

Zoning [Q]R1-1D

Zoning Information (ZI) ZI-2129 EAST LOS ANGELES STATE ENTERPRISE ZONE

ZI-2399 Northeast Los Angeles Hillsides

General Plan Land Use Low Residential

General Plan Footnote(s) Yes

Hillside Area (Zoning Code) Yes

Baseline Hillside Ordinance Yes

Baseline Mansionization Ordinance No

Specific Plan Area None

Special Land Use / Zoning None

Design Review Board No

Historic Preservation Review No

Historic Preservation Overlay Zone None

Other Historic Designations None

Other Historic Survey Information None

Mills Act Contract None

POD - Pedestrian Oriented Districts None

CDO - Community Design Overlay None

NSO - Neighborhood Stabilization Overlay No

Streetscape No

Sign District No

Adaptive Reuse Incentive Area None

CRA - Community Redevelopment Agency None

Central City Parking No

Downtown Parking No

PROPERTY ADDRESSES

3525 N MCKENZIE AVE

3531 N MCKENZIE AVE

3527 N MCKENZIE AVE

3529 N MCKENZIE AVE

4466 E FLORIZEL ST

4476 E FLORIZEL ST

4448 E FLORIZEL ST

4468 E FLORIZEL ST

4474 E FLORIZEL ST

4450 E FLORIZEL ST

4480 E FLORIZEL ST

4444 E FLORIZEL ST

4472 E FLORIZEL ST

4484 E FLORIZEL ST

4478 E FLORIZEL ST

4442 E FLORIZEL ST

4408 E FLORIZEL ST

4470 E FLORIZEL ST

4406 E FLORIZEL ST

4430 E FLORIZEL ST

4436 E FLORIZEL ST

4438 E FLORIZEL ST

4424 E FLORIZEL ST

4428 E FLORIZEL ST

4404 E FLORIZEL ST

4418 E FLORIZEL ST

4402 E FLORIZEL ST

4410 E FLORIZEL ST

4420 E FLORIZEL ST

4400 E FLORIZEL ST

4414 E FLORIZEL ST

4434 E FLORIZEL ST

4416 E FLORIZEL ST

4426 E FLORIZEL ST

4422 E FLORIZEL ST

4412 E FLORIZEL ST

4432 E FLORIZEL ST

4482 E FLORIZEL ST

4446 E FLORIZEL ST

4486 E FLORIZEL ST

4440 E FLORIZEL ST

ZIP CODES

90032

RECENT ACTIVITY

This report is subject to the terms and conditions as set forth on the website. For more details, please refer to the terms and conditions at zimas.lacity.org(*) - APN Area is provided "as is" from the Los Angeles County's Public Works, Flood Control, Benefit Assessment.

zimas.lacity.org | cityplanning.lacity.org

Building Line None

500 Ft School Zone No

500 Ft Park Zone Active: Rose Hill Recreation CenterActive: Rose Hill ParkActive: Ernest E. Debs Regional Park

Assessor Information

Assessor Parcel No. (APN) 5305011900

APN Area (Co. Public Works)* 5.245 (ac)

Use Code 8800 - Government Owned

Assessed Land Val. $584,092

Assessed Improvement Val. $0

Last Owner Change 02/45/67

Last Sale Amount $0

Tax Rate Area 4

Deed Ref No. (City Clerk) SUBD

Building 1

Year Built 1942

Building Class D5

Number of Units 100

Number of Bedrooms 8

Number of Bathrooms 0

Building Square Footage 67,840.0 (sq ft)

Building 2 No data for building 2




Additional Information

Airport Hazard None

Coastal Zone None

Farmland Area Not Mapped

Very High Fire Hazard Severity Zone Yes

Fire District No. 1 No

Flood Zone None

Watercourse No

Hazardous Waste / Border Zone Properties No

Methane Hazard Site None

High Wind Velocity Areas No

Special Grading Area (BOE Basic Grid Map A-13372)

Yes

Oil Wells None

Seismic Hazards

Active Fault Near-Source Zone

Nearest Fault (Distance in km) 1.89223255585291

Nearest Fault (Name) Upper Elysian Park

Region Los Angeles Blind Thrusts

Fault Type B

Slip Rate (mm/year) 1.30000000

Slip Geometry Reverse

Slip Type Poorly Constrained

Down Dip Width (km) 13.00000000

Rupture Top 3.00000000

Rupture Bottom 13.00000000

Dip Angle (degrees) 50.00000000

Maximum Magnitude 6.40000000

Alquist-Priolo Fault Zone No

Landslide No

[Q]R1-1D, ORD-180403

CASE NUMBERS

CPC-2008-1182-ZC

CPC-1989-22490

CPC-1989-177-IPRO

ORD-180403

ORD-173537-SA6920

ORD-172316

YD-1776

ENV-2013-3392-CE

ENV-2008-1183-MND



Liquefaction Yes

Tsunami Inundation Zone No

Economic Development Areas

Business Improvement District None

Renewal Community No

Revitalization Zone None

State Enterprise Zone EAST LOS ANGELES STATE ENTERPRISE ZONE

State Enterprise Zone Adjacency No

Targeted Neighborhood Initiative None

Public Safety

Police Information

Bureau Central

Division / Station Hollenbeck

Reporting District 407

Fire Information

Division 1

Batallion 2

District / Fire Station 47

Red Flag Restricted Parking No



CASE SUMMARIESNote: Information for case summaries is retrieved from the Planning Department's Plan Case Tracking System (PCTS) database.

Case Number: CPC-2008-1182-ZC

Required Action(s): ZC-ZONE CHANGE

Project Descriptions(s): THE PROPOSED PROJECT INVOLVES A ZONE CHANGE OF APPROXIMATELY 1,100 PARCELS WITHIN THE MT. OLYMPUS,PARADISE HILL, ROSE HILL, EL SERENO, MONTEREY HILLS, FLAT TOP AND ELEPHANT HILL NEIGHBORHOODS(“PROPOSED REZONING AREA”) FOR THE ADDITION OF D AND Q CONDITIONS, WHILE MAINTAINING THE SAME GENERALPLAN/COMMUNITY PLAN LAND USE DESIGNATIONS OF OPEN SPACE, PUBLIC FACILITIES, MINIMUM RESIDENTIAL, VERYLOW RESIDENTIAL, LOW RESIDENTIAL, AND LOW MEDIUM I & II RESIDENTIAL.

Case Number: CPC-1989-22490

Required Action(s): Data Not Available

Project Descriptions(s):

Case Number: CPC-1989-177-IPRO

Required Action(s): IPRO-INTERIM PLAN REVISION ORDINANCE

Project Descriptions(s): Data Not Available

Case Number: ENV-2013-3392-CE

Required Action(s): CE-CATEGORICAL EXEMPTION

Project Descriptions(s): THE PROPOSED ORDINANCE MODIFIES SECTION 22.119 OF THE LOS ANGELES ADMINISTRATIVE CODE TO ALLOWORIGINAL ART MURALS ON LOTS DEVELOPED WITH ONLY ONE SINGLE-FAMILY RESIDENTIAL STRUCTURE AND THAT ARELOCATED WITHIN COUNCIL DISTRICTS 1, 9, AND 14.

Case Number: ENV-2008-1183-MND

Required Action(s): MND-MITIGATED NEGATIVE DECLARATION

Project Descriptions(s): THE PROPOSED PROJECT INVOLVES A ZONE CHANGE OF APPROXIMATELY 1,100 PARCELS WITHIN THE MT. OLYMPUS,PARADISE HILL, ROSE HILL, EL SERENO, MONTEREY HILLS, FLAT TOP AND ELEPHANT HILL NEIGHBORHOODS(“PROPOSED REZONING AREA”) FOR THE ADDITION OF D AND Q CONDITIONS, WHILE MAINTAINING THE SAME GENERALPLAN/COMMUNITY PLAN LAND USE DESIGNATIONS OF OPEN SPACE, PUBLIC FACILITIES, MINIMUM RESIDENTIAL, VERYLOW RESIDENTIAL, LOW RESIDENTIAL, AND LOW MEDIUM I & II RESIDENTIAL.

DATA NOT AVAILABLEORD-180403

ORD-173537-SA6920

ORD-172316

YD-1776



ZIMAS PUBLIC Generalized Zoning 08/11/2014City of Los Angeles

Department of City Planning

Address: 3525 N MCKENZIE AVE Tract: TR 13089 Zoning: [Q]R1-1D

APN: 5305011900 Block: None General Plan: Low Residential

PIN #: 144A229 493 Lot: 1

Arb: None

Streets Copyright (c) Thomas Brothers Maps, Inc.

LAND USERESIDENTIAL

Minimum Residential

Very Low / Very Low I Residential

Very Low II Residential

Low / Low I Residential

Low II Residential

Low Medium / Low Medium I Residential

Low Medium II Residential

Medium Residential

High Medium Residential

High Density Residential

Very High Medium Residential

COMMERCIAL

Limited Commercial

Limited Commercial - Mixed Medium Residential

Highway Oriented Commercial

Highway Oriented and Limited Commercial

Highway Oriented Commercial - Mixed Medium Residential

Neighborhood O�ce Commercial

Community Commercial

Community Commercial - Mixed High Residential

Regional Center Commercial

INDUSTRIAL

Commercial Manufacturing

Limited Manufacturing

Light Manufacturing

Heavy Manufacturing

PARKING

Parking Bu�er

PORT OF LOS ANGELES

General / Bulk Cargo - Non Hazardous (Industrial / Commercial)

General / Bulk Cargo - Hazard

Commercial Fishing

Recreation and Commercial

Intermodal Container Transfer Facility Site

LOS ANGELES INTERNATIONAL AIRPORT

Airport Landside

Airport Airside

Airport Northside

OPEN SPACE / PUBLIC FACILITIES

Open Space

Public / Open Space

Public / Quasi-Public Open Space

Other Public Open Space

Public FacilitiesFRAMEWORK

COMMERCIAL

Neighborhood Commercial

General Commercial

Community Commercial

Regional Mixed Commercial

INDUSTRIAL

Limited Industrial

GENERAL PLAN LAND USE

Light Industrial

Hybrid Industrial

GENERALIZED ZONINGOS, GW

A, RA

RE, RS, R1, RU, RZ, RW1

R2, RD, RMP, RW2, R3, RAS, R4, R5

CR, C1, C1.5, C2, C4, C5, CW, ADP, LASED, CEC, USC, PVSP

CM, MR, WC, CCS, UV, UI, UC, M1, M2, LAX, M3, SL

P, PB

PF

HILLSIDE

LEGEND

STREET[[[[[[[[[[[ [[[[[[[[[[[

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Arterial Mountain Road

Collector Scenic Street

Collector Street

Collector Street (Hillside)

Collector Scenic Street (Proposed)

Major Scenic Highway

Major Scenic Highway (Modi�ed)

Major Scenic Highway II

Mountain Collector Street

Park Road

Parkway

Principal Major Highway

Private Street

Scenic Divided Major Highway II

Scenic Park

Scenic Parkway

Secondary Highway

Secondary Highway (Modi�ed)

Secondary Scenic Highway

Special Collector Street

Super Major Highway

MSA Desirable Open Space

Major Scenic Controls

Multi-Purpose Trail

Natural Resource Reserve

Park Road

Park Road (Proposed)

Quasi-Public

Rapid Transit Line

Residential Planned Development

Scenic Highway (Obsolete)

Secondary Scenic Controls

Secondary Scenic Highway (Proposed)

Site Boundary

Southern California Edison Power

Special Study Area

Speci�c Plan Area

Stagecoach Line

Wildlife Corridor

Collector Street (Modi�ed)

CIRCULATION

Collector Street (Proposed)

Country Road

Divided Major Highway II

Divided Secondary Scenic Highway

Local Scenic Road

Local Street

Major Highway (Modi�ed)

Major Highway I

Major Highway II

Major Highway II (Modi�ed)

FREEWAYSFreeway

Interchange

On-Ramp / O�- Ramp

Railroad

Scenic Freeway Highway

MISC. LINESAirport Boundary

Bus Line

Coastal Zone Boundary

Coastline Boundary

Commercial Areas

Community Redevelopment Project Area

Commercial Center

Country Road

DWP Power Lines

Desirable Open Space

Detached Single Family House

Endangered Ridgeline

Equestrian and/or Hiking Trail

Hiking Trail

Historical Preservation

Horsekeeping Area

Local Street

POINTS OF INTEREST

Lot LineTract Line

Lot CutEasementZone Boundary

Building LineLot Split

Community DrivewayTract MapParcel Map

J Lot Ties

!(

Airport Hazard Zone

Census Tract

Coastal ZoneCouncil DistrictLADBS District O�ce

Downtown ParkingFault ZoneFire District No. 1

Flood Zone

Hazardous Waste

High Wind ZoneHillside GradingHistoric Preservation Overlay Zone

Speci�c Plan AreaVery High Fire Hazard Severity ZoneOil Wells

OTHER SYMBOLS

Building Outlines

Planned School/Park Site

Inside 500 Ft. Bu�er

Existing School/Park Site

CT

ES

HS

MS

SE

SP

OS

Beaches

Charter School

Child Care Centers

Elementary School

Golf Course

Historic Sites

Horticulture/Gardens

Other Facilities

Park / Recreation Centers

Parks

Performing / Visual Arts Centers

Span School

Recreation Centers

Senior Citizen Centers

Opportunity School

Skate Parks

Aquatic Facilities

High School

Special Education School

Middle School

SCHOOLS/PARKS WITH 500 FT. BUFFER


EXHIBIT E

OFFER FOR EXCLUSIVE RIGHT TO NEGOTIATE

A MEMORANDUM OF UNDERSTANDING

(Date)

Ken Simmons, Chief Operating Officer Housing Authority of the City of Los Angeles 2600 Wilshire Blvd., 3rd Floor Los Angeles, CA 90057

Subject: OFFER FOR THE EXCLUSIVE RIGHT TO NEGOTIATE A MEMORANDUM OF UNDERSTANDING FOR THE REVITALIZATION OF THE ROSE HILL COURTS SITE

Dear Mr. Simmons:

The undersigned Developer hereby submits to the Housing Authority of the City of Los Angeles (“Authority”), an Offer to Negotiate Exclusively (the “Offer”) for a period of 90-days for the development, in whole or in part, for the Rose Hill Courts site (“Site”) pursuant to our Submittal to the Authority in response to the Request for Qualifications (“RFQ”) No.7600.

We request that the Authority negotiate exclusively with us for a 90-day period, during which time we will seek to negotiate a Memorandum of Understanding (“MOU”) for the RHC Site.

This offer is made upon the following terms and conditions:

1. We will proceed diligently with our obligations under this Offer and our Submittal in response to the RFQ. We also agree that if the negotiations do not result in an agreement we will submit to the Authority our findings and determinations regarding the Submittal.

2. We understand that negotiations may be extended beyond the 90-day period at the sole option of the Authority to enable the undersigned Developer and the Authority to reach an agreement.

3. We understand that the nature and type of development is subject to the approval of the Authority and may be subject to further approval by HUD. We further understand that we will be required to make full disclosure to the Authority of our principal’s officers, stockholders, etc., and all other pertinent information, including credit information, concerning the Developer and its associates and partners for this project.

4. We further understand that we will be required to make full disclosure to the Authority of the methods of financing to be used in developing or demolishing, if necessary, the Site.

5. The Authority shall cooperate fully with our professional associates by providing them with any information and assistance in connection with the preparation and execution of such drawings, plans and specifications reasonably within the capacity of the Authority to provide.

6. We also understand that the Authority reserves the right at any time to request additional information and data from the Developer and its project partners and that the Authority particularly reserves the right to obtain further information, data and commitments to ascertain the capacity of Developer and its team to carry out studies leading to the preparation of a revitalization plan,


carry out community outreach, undertake the rehab/demolition/redevelopment expeditiously. A reasonable time to obtain and submit such additional information will be provided by the Authority.

7. The development plan for the RHC site that might include demolishing of the Site shall be described in detail in a Disposition and Development Agreement (“DDA”), or other agreement if the Site is to be demolished only, and the actual development shall conform to these objectives. All drawings, plans and specifications, and financing arrangements relative to the development of the Site shall be subject to the approval of the Authority.

8. We understand that if negotiations culminate in an MOU with the Authority, the agreements become final only after the MOU, and later a DDA have been considered and approved by the Authority’s Board of Commissioners and reviewed and approved by HUD, if necessary, prior to their execution by the Authority. We further understand that the Authority, in entering into this period of exclusive negotiations, is not waiving any of its rights and retains its sole discretion to enter into other agreements or obligations following the expiration of the negotiating period.

9. We understand that by entering into the exclusive negotiations, the Authority is not waiving its discretionary approvals nor in any way guaranteeing that a DDA will necessarily result from the negotiations.

10. Our Submittal is in response to the Agency’s RFQ No. 7600, and all of its contents are hereby made a part of this Offer.

11. Neither party shall be legally bound or obligated unless and until a MOU is executed by both parties and all necessary approvals have been obtained.

___________ Developer’s Initials

Please indicate your acceptance of this Offer, after approval by the Board of Commissioners of the Authority, by signing in the space provided and returning the attached copy to us.

Sincerely,

Signature _______________________________

Name/Title _______________________________

Address _______________________________

Telephone/Fax _______________________________

This Submittal is hereby accepted as of the ____ day of ______________, 2014, subject to the terms and conditions stated above. THE HOUSING AUTHORITY OF THE CITY OF LOS ANGELES

By: __________________________________ Ken Simmons, Chief Operating Officer


EXHIBIT F

AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS OF THE HOUSING AUTHORITY OF THE CITY OF LOS ANGELES To be deemed responsible and in compliance with the principles of Equal Employment Opportunity, the following standards must be met by all Contractors and by all proposers on Authority contracts unless an exemption applied under 41 C.F.R. § 60-1.5. All proposers for the Authority contracts shall submit with their bids, documented evidence to satisfy the compliance requirements. Proposers and Contractors shall provide information, as requested by the Housing Authority for determination of compliance with these requirements. Additionally, in order to confirm or determine compliance with these requirements, proposers and contractors shall permit access to their books, records and employees by the Housing Authority, HUD or other enforcement agency, including but not limited to the Office of Federal Contract Compliance Programs. Each Contractor who is required to maintain an Affirmative Action Program under Paragraph 13 of the Contract shall present, within 120 days from the commencement of the contract: 1. A written Affirmative Action Policy and Program. This Affirmative Action Policy and Program shall contain,

but not be limited to, all required content elements specified in "Subpart B - Required Contents of Affirmative Action Programs" of Revised Order No. 4 of the Office of Federal Contract Compliance, United States Department of Labor. (See, 41 C.F.R. 60-2)

Proposers and Contractors not having a written Affirmative Action Policy and Program may adopt, by signatory certification, the "Affirmative Action Policy and Program for Contractors" of the Housing Authority.

Evaluation of bidders Affirmative Action Policy and Program will be made by the Housing Authority. This evaluation will evaluate the completeness, the scope, the regency and the goals timetable in the bidder's Affirmative Action Policy and Program.

2. Documented evidence of efforts made over a period of not less than two (2) years, in increasing the

participation and utilization of ethnic minority persons and females, at all levels of the company leading to parity with the local population. Such documented evidence may include, but not be limited to:

A. Recruitment efforts made which were targeted at ethnic minority persons and/or females,

including but not limited to: (i) Advertisement placed in "minority" news media.

(ii) Request made to labor referral agencies, such as labor unions, employment agencies,

and the State Employment Development Department.

(iii) Requests for referrals by present of former ethnic minority employees or females.

(iv) Contracts made with local schools and public or private skills training programs with high "minority" and/or female enrollment.

(v) Notification to "minority" community organizations of employment opportunities.


B. Evaluation and validation of personnel policies, selection requirements and employment

specifications and procedures for compliance with federal and state nondiscrimination standards. C. Efforts made with labor referral agencies to attract, train and employ ethnic minority and female

persons. D. Management level training programs to "sensitize" staff, in working effectively with ethnic minority

and female persons.

E. Efforts to identify and utilize "minority" business enterprises for supplies and services. F. Written company policies, rules and procedures for the promulgation of equal opportunity.

3. Documented evidence of company workforce statistics, showing employment of ethnic minority and

female persons, in all applicable job categories established by the United States Equal Employment Opportunity Commission, at or exceeding parity with the population of the city or county from which the business is operated, for each ethnic minority group comprising three percent (3%) or more.

4. Such documented evidence, when verified will entirely satisfy these standards, and such bidder shall be

considered responsible and compliant with the principles of Equal Employment Opportunity.


V. VENDOR AFFIRMATIVE ACTION CERTIFICATION (Complete, attach specified supplemental materials and submit with bid).

Company ___________________________________________________________ Address ____________________________________________________________ Telephone __________________________________________________________ Section One - AFFIRMATIVE ACTION POLICY AND PROGRAM A. Does your company have a written Equal Employment Opportunity Policy?

YES [ ] NO [ ]

If so, please submit a copy of this policy with this certification. B. Is your company exempt from having a written Equal Employment Opportunity Policy under 41 C.F.R. §

60-1.5? YES [ ] NO [ ]

C. Is your company required to have a written Affirmative Action Program under Paragraph 13 of the contract

(Titled: AFFIRMATIVE ACTION PROGRAM)? YES [ ] NO [ ]

D. Does your company have a written Affirmative Action Program?

YES [ ] NO [ ]

If so, please submit. A. If the Contractor is required to have an Equal Employment Opportunity Policy and/or a written Affirmative

Action Program under this contract but does not currently have one, will the Contractor adopt (by signatory certification) the provision of the Housing Authority's Affirmative Action Policy and Program for Vendors attached hereto? If not, please explain in the space provided below.

YES [ ] NO [ ] ______________________________________________________________ __________________________________________________

Section Two - RESPONSIBILITY AND CERTIFICATION Firm's designee (name) ___________________________________________________ Equal Employment Opportunity Officer is: (title) ______________________________ We certify, under penalty of perjury, that the information herein and on the reverse hereof is true and correct. _______________________________________________________________________ Company Authorized Signature _______________________________________________________________________ Date Title


VI. AFFIRMATIVE ACTION POLICY AND PROGRAM FOR CONTRACTORS (To be submitted by contractors not having their own written Equal Employment Opportunity Policy and Affirmative Action Program). We, (Company Name) _________________________________________________, adopt the following provision consistent with the Affirmative Action Policy and Program of the Housing Authority, as our official Affirmative Action Policy and Program. AFFIRMATIVE ACTION POLICY (Company Name) _______________________________________________________ recognizes the intent of local, state and federal laws that all individuals, groups and concerns be given and equal opportunity and fair share of jobs, contracts another business opportunities, regardless of race, color, creed, religion, sex, national origin, age, or physical handicap. The denial of equal access to development and growth opportunities has permitted discrimination to continue in a variety of forms. Therefore, we recognize and accept the responsibility to design and implement programs that strike at the total problem. We aggressively insure the entry and growth of ethnic minority persons and women in our total endeavors. The following Affirmative Action Program serves to reiterate our policy of Equal Opportunity in employment and business. The goals and actions of this program are realistic and achievable within a framework of fairness to all, they shall not be regarded as quotas. The goals and actions address themselves to current problems and are subject to periodic review and revision to ensure maximum effectiveness.


B. AFFIRMATIVE ACTION PROGRAM We, (Company Name) ___________________________________________________, certify that we shall immediately begin to make all good faith efforts to include within our employ, minority persons and women in the numbers specified in the goals timetable. I. GOALS TIMETABLE

We adopt the following minimum ranges of goals for ethnic minority and female utilization in each occupational category and organization levels, as a guide for evaluation of our Affirmative Action progress.

Ethnic Minorities Females

21% - 25% 21% - 25%

Where work is performed or business operated outside Los Angeles County, the Affirmative Action Goals Timetables will equate to the ethnic minority and female presentation of the employment area's workforce.

In no event shall we utilize these goals, timetable or affirmative action steps in such a manner as to cause or result in discrimination against any person on account of race, religion, sex, ancestry, national origin, age, or physical handicap.

II. SPECIFICATIONS

A. We shall recruit and make efforts to obtain minorities through:

1. Advertising employment opportunities in minority community news media; 2. Notifying minority community organizations of employment opportunities; 3. Maintaining contact with schools with minority students to notify them of

employment opportunities; 4. Encouraging present minority employees to refer their friends and relatives; 5. Promoting after school and vacation employment opportunities for minority youth; 6. Validating all employment specifications, selection requirements, tests, etc; 7. Maintaining a file of the names and addresses of each minority worker referred

and what action was taken concerning workers; and

8. Notifying the Housing Authority in writing, when a union with whom we have a collective bargaining agreement has failed to refer minority workers.


B. We shall, continually, evaluate personnel practices to assure that hiring, upgrading, promotions, transfers, demotions and layoffs are made to achieve and maintain an ethnically balanced workforce.

C. We shall utilize training programs and assist minority employees in locating, qualifying for and engaging in such training programs to enhance their skills and advancement.

D. We shall secure cooperation compliance from the labor referral agency to our contractual affirmative action obligations.

E. We shall establish a position, at the management level, to be our Equal Employment Opportunity Officer; such individual shall disseminate and enforce the company's Equal Employment and Affirmative Action Policies.

F. We shall maintain such records as are necessary to determine compliance with equal employment and affirmative action obligations and make such records available to the Housing Authority and other regulatory agencies upon request.

G. We shall make a good faith effort to contract with minority business enterprises for services and supplies, by taking affirmative action which includes but is not limited to the following:

1. We shall advertise invitation for subcontractor bids in minority and community

news media.

2. We shall contact minority contractor organizations for referral of prospective subcontractors.

3. We shall contact any other sources likely to yield qualified minority contractors and vendors.

4. We shall purchase from qualified minority vendors where practical.


H. We shall make good faith efforts with respect to apprenticeship and training programs to:

1. Recruit and refer minority employees to such programs.

2. Establish training programs within our company and/or our association that will

prepare minority employees for advancement opportunities.

3. Abide by requirements of the Labor Code of the State of California with respect to the provisions of apprenticeship opportunities.

I. We shall establish written company policies, rules, and procedures which shall be

encompassed in a company-wide Affirmative Action Plan for all our operations and contracts. Bid and proposal policies shall be provided to our employees, subcontractors, vendors, unions and all others with whom we may become involved in fulfilling any of our contracts. The company's Affirmative Action Plan shall encompass the requirements contained herein as a minimum.

J. Where problems are experienced in complying with our affirmative action obligations, we shall document our efforts to comply with the requirements by the following procedures:

1. We shall state the nature of the problem. 2. We shall state what we attempted to do, how, and on what date. 3. We shall state to whom our efforts were directed. 4. We shall state the response received and its date. 5. We shall state what other steps we have taken or will take to comply and when. 6. We shall state why we have been or will be unable to comply.

K. We shall complete and file with the Housing Authority an acceptable Affirmative Action

Policy and Program with all bids/proposals.

_______________________________ _____________________________ Authorized Signature Title _____________________________ Date


WORKFORCE PROFILE

FULL TIME EMPLOYEES BY OCCUPATION, GENDER AND RACE : Indicate below the number of permanent full-time (8 hours or more per day) employees in each occupational category, and by gender, for each racial/ethnic group listed below for your firm’s total workforce.

OCCUPATION MALE EMPLOYEES FEMALE EMPLOYEES TOTAL EMPLOYEES African

Amer

Asian Amer Indian

Latin

All Others

Total Males

African Amer

Asian

Amer Indian

Latin

All Others

Total Females

TOTAL Others

TOTAL Minority

TOTAL Employees

A. Officials and Managers

B. Professionals

C. Technicians

D. Sales Workers

E. Office and Clerical

F. Craftworkers (skilled)

G. Operative (semi-skilled)

H. Laborers (unskilled)

I. Service Workers

1. TOTAL

i. “RACIAL / ETHNIC GROUPS” As defined by the U.S. Equal Employment Opportunity Commission: African-American (Black): persons of any of the Black/Negroid racial groups (not Hispanic background) Asian: persons having origins in any of the original peoples of the Far East, South Asia, or the Pacific Islands American Indian: persons having origins in any of the original peoples of North America, including Alaska Latin (Hispanic): persons of Mexico, Puerto Rico, Cuba, Central America or other Spanish culture or origin regardless of race. Contractor’s Name: __________________________________

C. “NON-PERMANENT WORKERS” Number of “non-permanent” workers employed as of this date: _______ Average number of “non-permanent” workers each month: _______ Average number of ethnic minority persons employed as “non-permanent” workers each month: _______ Average number of females employed as “non-permanent” workers, each month: _______ Average length of employment for “non-permanent” workers: _________________________


13222227.5

EXHIBIT G

NON-COLLUSION AFFIDDAVIT

The undersigned declares:

I am the _____________________ of _________________, the party making the foregoing bid.

The submittal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The submittal is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does

execute, this declaration on behalf of the bidder.

_________________________________________ Authorized Signer

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________________ [date], at _______________________ [city], _______________________ [state].

Subscribed and sworn to me this ____________ day of________________, 20_____

___________________________________________

(Notary Public)

My Commission Expires ________________ (SEAL)


EXHIBIT H

INSTRUCTIONS TO OFFEROR NON-CONSTRUCTION

(HUD FORM 5369-B)


EXHIBIT I

GENERAL CONDITIONS FOR NON-CONSTRUCTION CONTRACTS

(HUD FORM 5370-C)

General Conditions for Non-Construction U.S. Department of Housing and Urban

Contracts Development Office of Public and Indian Housing

Section I – (With or without Maintenance Work) Office of Labor Relations OMB Approval No. 2577-0157 (exp. 1/31/2017)

Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees.

Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:

proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment shall be a dispute under

clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the

1) Non-construction contracts (without maintenance) contract as changed.

greater than $100,000 - use Section I; (e) No services for which an additional cost or fee will be

2) Maintenance contracts (including nonroutine charged by the Contractor shall be furnished without theprior written consent of the HA. maintenance as defined at 24 CFR 968.105) greater than

$2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine 3. Termination for Convenience and Default

maintenance), greater than $100,000 – use Sections I and II. (a) The HA may terminate this contract in whole, or from time

to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing

Section I - Clauses for All Non-Construction Contracts greaterthan $100,000

1. Definitions

The following definitions are applicable to this contract: (a) "Authority or Housing Authority (HA)" means the

Housing Authority. this contract, whether completed or in process. (b) "Contract" means the contract entered into between the

(b) If the termination is for the convenience of the HA, the HAshall be liable only for payment for services rendered

Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes all formal changes to any of those documents by addendum, Change

before the effective date of the termination. (c) If the termination is due to the failure of the Contractor to

Order, or other modification. fulfill its obligations under the contract (default), the HA may (i) require the Contractor to deliver to it, in the manner (c) "Contractor" means the person or other entity entering into

the contract with the Authority to perform all of the work and to the extent directed by the HA, any work as

required under the contract. described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause, paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may

(d) "Day" means calendar days, unless otherwise stated. (e) "HUD" means the Secretary of Housing and Urban

development, his delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting forand on behalf of the Secretary.

be, of amounts owed to the HA by the Contractor.

2. Changes (d) If, after termination for failure to fulfill contract obligations

(a) The HA may at any time, by written order, and without

(default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above.

notice to the sureties, if any, make changes within thegeneral scope of this contract in the services to be performed or supplies to be delivered. (e) Any disputes with regard to this clause are expressly made

(b) If any such change causes an increase or decrease in the subject to the terms of clause titled Disputes herein.

hourly rate, the not-to-exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other

4. Examination and Retention of Contractor's Records

(a) The HA, HUD, or Comptroller General of the United States,

affected terms, and shall modify the contract accordingly.

or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions.

(c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the dateof receipt of the written order. However, if the HA decidesthat the facts justify it, the HA may receive and act upon a

Section I - Page 1 of 6 form HUD-5370-C (01/2014)

(b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause,

A breach of these Contract clauses may be grounds for termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a subcontractor as provided in 24 CFR Part 24.

excludes purchase orders not exceeding $10,000. (c) The periods of access and examination in paragraphs (a)

and (b) above for records relating to: (i) appeals under the clause titled Disputes; (ii) litigation or settlement of claims arising from the

9. Assignment of Contract

performance of this contract; or, The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approvedby the HA.

(iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions.

5. Rights in Data (Ownership and Proprietary Interest)10. Certificate and Release

The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract.

Prior to final payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein.

6. Energy Efficiency

The contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed.

11. Organizational Conflicts of Interest

(a) The Contractor warrants that to the best of its knowledge

7. Disputes

and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this contract and a contractor's organizational, financial, contractual or other interests are such that: (a) All disputes arising under or relating to this contract, except

for disputes arising under clauses contained in Section III, Labor Standards Provisions, including any claims for damages for the alleged breach there of which are not disposed of by agreement, shall be resolved under this

(i) Award of the contract may result in an unfaircompetitive advantage; or

(ii) The Contractor's objectivity in performing the contract

clause. work may be impaired.

(b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the convenience of the HA if it would be in the best interest

(b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the Contractor shall be subject to a written decision by the HA.

(c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision shall be final and conclusive. of the HA.

(d) Provided the Contractor has (i) given the notice within the (c) In the event the Contractor was aware of an organizationalconflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting

time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or conclusive, but the dispute shall be determined on the

Officer, the HA may terminate the contract for default. (d) The terms of this clause shall be included in all

subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest.

merits by a court of competent jurisdiction. (e) The Contractor shall proceed diligently with performance of

this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA.

12. Inspection and Acceptance

(a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any 8. Contract Termination; Debarment


product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required corrections within 30 days from the date of receipt of such

"Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local

product from the Contractor. (b) The Contractor shall make any required corrections

promptly at no additional charge and return a revised copyof the product to the HA within 7 days of notification or a government. later date if extended by the HA. "Officer or employee of an agency" includes the following

(c) Failure by the Contractor to proceed with reasonable individuals who are employed by an agency: promptness to make necessary corrections shall be a default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received.

(i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position under a temporary appointment;

(ii) A member of the uniformed services as defined in section 202, title 18, U.S.C.;

(iii) A special Government employee as defined in section 13. Interest of Members of Congress 202, title 18, U.S.C.; and,

No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, appendix 2.

“Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to 14. Interest of Members, Officers, or Employees and Former

Members, Officers, or Employees expenditures specifically permitted by other Federal law.

No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exercises any functions or responsibilities with respect to the

"Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

project, shall, during his or her tenure, or for one year "Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such

thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.

15. Limitation on Payments to Influence Certain Federal Transactions

(a) Definitions. As used in this clause: "Agency", as defined in 5 U.S.C. 552(f), includes Federal

executive departments and agencies as well as independentregulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1).

"Covered Federal Action" means any of the following person for 130 working days. Federal actions: "State" means a State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers.

(i) The awarding of any Federal contract; (ii) The making of any Federal grant; (iii) The making of any Federal loan; (iv) The entering into of any cooperative agreement; and, (v) The extension, continuation, renewal, amendment, or (b) Prohibition.

modification of any Federal contract, grant, loan, or (i) Section 1352 of title 31, U.S.C. provides in part that nocooperative agreement. appropriated funds may be expended by the recipient

of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any

Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan.

"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act.

"Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(ii) The prohibition does not apply as follows:


(1) Agency and legislative liaison by Own person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include

Employees. (a) The prohibition on the use of appropriated

funds, in paragraph (i) of this section, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, if the payment is for agency and legislative activities not directly related to a covered Federalaction.

(b) For purposes of paragraph (b)(i)(1)(a) of this clause, providing any information specifically requested by an agency or Congress is permittedat any time.

(c) The following agency and legislative liaison activities are permitted at any time only where they are not related to a specific solicitation for

consultants and trade associations. (b) For purposes of subdivision (b)(ii)(2)(a) of

any covered Federal action: clause, "professional and technical services" shall be limited to advice and analysis directly applying any professional or (1) Discussing with an agency (including

individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service

technical discipline. (c) Requirements imposed by or pursuant to law

capabilities; and, as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award

(2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. documents.

(d) The following agency and legislative liaisonactivities are permitted where they are prior to

(d) Only those services expressly authorized by subdivisions (b)(ii)(2)(a)(i) and (ii) of this

formal solicitation of any covered Federal action: section are permitted under this clause. (1) Providing any information not

specifically requested but necessary for an agency to make an informed decision about

(iii) Selling activities by independent sales representatives.

(c) The prohibition on the use of appropriated funds, in initiation of a covered Federal action; subparagraph (b)(i) of this clause, does not apply to the

following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited

(2) Technical discussions regarding thepreparation of an unsolicited proposal prior to its official submission; and

(3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507 and other

to the merits of the matter: (i) Discussing with an agency (including individual

demonstration) the qualities and characteristics of theperson's products or services, conditions or terms of

subsequent amendments. sale, and service capabilities; and (e) Only those activities expressly authorized

by subdivision (b)(ii)(1)(a) of this clause are (ii) Technical discussions and other activities regarding

the application or adaptation of the person's products permitted under this clause. or services for an agency's use.

(2) Professional and technical services. (d) Agreement. In accepting any contract, grant, cooperative agreement, or loan resulting from this solicitation, the person submitting the offer agrees not to make any

(a) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply in the case of- payment prohibited by this clause. (i) A payment of reasonable compensation

made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for

(e) Penalties. Any person who makes an expenditure prohibited under paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(f) Cost Allowability. Nothing in this clause is to be interpreted

receiving that Federal action.

to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation (FAR), or OMB Circulars dealing with cost allowability for recipients of assistance agreements. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of FAR Part 31 or the relevant OMB Circulars. (ii) Any reasonable payment to a person,

other than an officer or employee of a


16. Equal Employment Opportunity Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

During the performance of this contract, the Contractor agrees as follows: (a) The Contractor shall not discriminate against any employee

or applicant for employment because of race, color, religion, sex, or national origin. 17. Dissemination or Disclosure of Information

(b) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to (1) employment; (2) upgrading; (3) demotion; (4) transfer; (5) recruitment or recruitment advertising; (6) layoff or termination; (7) rates of pay or other forms of compensation; and (8) selection for training,

No information or material shall be disseminated or disclosed to the general public, the news media, or any person or organization without prior express written approval by the HA.

18. Contractor's Status

including apprenticeship. It is understood that the Contractor is an independent contractor and is not to be considered an employee of the HA, or assume any right, privilege or duties of an employee, and shall save harmless the HA and its employees from claims suits, actions and costs of every description resulting from the Contractor's activities on behalf of the HA in connection with this Agreement.

(c) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices tobe provided by the Contracting Officer that explain this clause.

(d) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex,

19. Other Contractors

or national origin. HA may undertake or award other contracts for additional work at or near the site(s) of the work under this contract. The contractor shall fully cooperate with the other contractors and with HA and HUD employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or HA employee.

(e) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(f) The Contractor shall comply with Executive Order 11246, 20. Liens as amended, and the rules, regulations, and orders of the Secretary of Labor. The Contractor is prohibited from placing a lien on HA's

property. This prohibition shall apply to all subcontractors.(g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such

21. Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135)

(a) The work to be performed under this contract is subject to the rules, regulations, and orders. requirements of section 3 of the Housing and Urban Development

Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of

(h) In the event of a determination that the Contractor is not incompliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, or federally assisted construction contracts under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as

HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's

otherwise provided by law.

regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the

(i) The Contractor shall include the terms and conditions of Part 135 regulations. this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontractor or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that if the

(c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of


apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

(d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

(e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.

(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

22. Procurement of Recovered Materials

(a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.

(b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.



EXHIBIT J

CERTIFICATION: CONFLICT OF INTEREST

I certify that:_________________________________________________________________,

Legal name of the proposer responding to the HACLA RFQ, hereinafter called “the Proposer”:

(1) as required by 24 CFR 85.36(b)(3), maintains a written code of standards of conduct governing the performance of employees engaged in the award of administration of contracts. No employee, officer, or agent of the Proposer has participated or will participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. The conflict would arise when the employee, officer or agent, any member of his immediate family, his or her partner, or any organization which employs or is about to employ any of these persons has a financial or other interest in the firm selected for award. In addition, the officers, employees or agents of the Proposer will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements; and

(2) as required by 24 CFR 582.340(b), no employee, agent, consultant, officer, or official of the Proposer who exercises or has exercised any functions or responsibilities with respect to activities assisted by a federal grant, or who is in a position to participate in a decision making process or gain inside information with regard to such activity, has obtained or will obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those whom he or she has family or business ties, during his or her tenure or for one year thereafter; and

(3) any exceptions to the statements in paragraphs (1) or (2) are listed below:

None: _______ (check if appropriate)

Exceptions: __________________________________________________________________

The Proposer has conducted a review of persons and matters covered by the statements in paragraphs (1) and (2) and certifies that the information above is accurate and complete.

By: _____________________________ (Executive Officer of Proposer)

Date: _______________________


EXHIBIT K

AFFIDAVIT REGARDING INFORMATION SUBMITTED BY THE PROPOSER

By signing and submitting this Affidavit, the proposer certifies the following:

The information and documents submitted in this Submittal for RFQ 7600 contain material representations of fact upon which HACLA will rely on in determining which vendors will be awarded. If it is later determined that the proposer knowingly provided erroneous information in its application, such acts shall be deemed a misrepresentation and an act of fraud, and HACLA, in addition to other remedies available to it, may pursue all available remedies, including the rescission of the award, the suspension or debarment of the vendor.

Date: _________________________________________________________________

Company Name: ________________________________________________________

Company Address: ______________________________________________________

Signature: _____________________________________________________________

Printed Name __________________________________________________________

And Title: ______________________________________________________________


EXHIBIT L

ACKNOWLEDGEMENT OF TRADE SECRETS FORM AND AGREEMENT TO INDEMNIFY AND HOLD HARMLESS

Identify bid for which trade secret information is submitted: _____________________________ ____________________________________________________________________________ Bidder’s Name: ____________________________________________________________________________ Contact phone number: ____________________________________________________________________________ Contact Email: The undersigned party hereby acknowledges submitting information to the Authority, which has been clearly identified as a trade secret and is submitted in a separate binder marked "Trade Secret." The undersigned party further acknowledges that the Authority is not liable for the use or disclosure of the information submitted as a trade secret (Trade Secret Records) that is not clearly marked and segregated as such, or is submitted without being accompanied by this form. The undersigned party agrees to indemnify and hold harmless the Authority, its commissioners, directors, officers, employees and agents from any judgment, fines, penalties, and attorneys’ fees awarded against the Authority in favor of the party requesting the Trade Secret Records and any and all costs connected with the Authority’s defense of said action. The undersigned party further agrees this obligation survives until the undersigned provides a written statement or similar notice to the Authority stating that it no longer wishes to exempt the Trade Secret Records from public disclosure or the Trade Secret Records are destroyed and disposed of in accordance with the Authority’s Record Retention and Disposition Schedule. _______________________________________________________ Name ________________________________________________________ Title __________________________________________ Date


EXHIBIT M

VENDOR APPLICATION

Download and complete the vendor application located on the Authority’s website http://www.hacla.org/business/

Call 213-252-5486 to confirm that your company was previously vetted. If your firm was properly vetted a new vendor application is not required.


EXHIBIT N

AFFIDAVIT REGARDING COMPLIANCE WITH MBE/WBE & OTHER BUSINESS OUTREACH PROGRAM REQUIREMENTS

The undersigned hereby swears or affirms that the following statements are true and correct to the best of his/her knowledge. That he/she is a representative of the Bidder and is authorized to make these statements:

That the Bidder made the following efforts in a good faith attempt to comply with the MBE/WBE and Other Business Outreach Program Requirements as indicated by initialing in the places provided:

1. We obtained participation by MBEs/WBEs enterprises to produce a level of participation by interested vendors/suppliers including ______% MBE and ______% WBE.

_____ Initial

Note: Attainment of the anticipated levels of participation, by itself, shall not be construed as evidence of “good-faith” outreach by the Bidder.

2. We attended/did not attend (circle one), pre-bid or pre-proposal meeting(s), scheduled by HACLA to inform all Bidders of the requirements for the RFQ for which a contract(s) will be awarded. _____

Initial

3. We identified specific items in the bid to be performed and/or provided by vendors/suppliers to provide an opportunity for participation by MBE/WBEs.

_____ Initial

4. We advertised/did not advertise (circle one) for quotations from interested MBE/WBE firms not less than ____ calendar days prior to the submission of bids in more than one daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media. _____

Initial

5. We provided written notice of our interest in bidding this bid to those business enterprises, including MBE/WBEs having an interest in participating in such contracts. All notices of interest were provided not less than calendar days prior to the date the bids were required to be submitted.

NOTE: In all instances, the Bidder must document that invitations for subcontracting were communicated to available MBE/WBE enterprises for each item of work to be performed. (The Mayor's Office of Economic Development and/or Authorities are available to assist in identifying interested MBE/WBE and other business enterprises).

_____ Initial


6. We can provide documentation of our efforts to follow up initial MBE/WBE solicitation of interest by contacting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the contract.

_____ Initial

7. We provided interested MBE/WBEs with information about the specifications and other

bid requirements (as applicable) for the selected subcontracting work. _____ Initial

8. We requested assistance from organizations that provide assistance in the recruitment

and placement of MBE/WBEs firms not less than ______ days prior to the submission of bid.

_____ Initial

9. We negotiated in good faith with interested MBE/WBEs and did justifiably reject bids

prepared by any of these firm(s).

NOTE: As documentation, the Bidder upon request by the HACLA, must submit a list of all subcontractors for each item or work solicited, including dollar amounts of potential work for MBE/WBEs.

_____ Initial

10. We documented efforts to advise and assist interested MBE/WBE firms in obtaining

bonds, lines of credit or insurance required by the HACLA or our firm, (as applicable). _____ Initial

That upon being requested to do so, we will provide evidence of the efforts made as indicated above, within three (3) working days of such request. I declare under a penalty of perjury that the foregoing information is true and correct. Date: _________________________________________________________________ Company Name: ________________________________________________________ Company Address: ______________________________________________________ Signature: _____________________________________________________________ Printed Name And Title: ______________________________________________________________


MBE/WBE CERTIFICATION

State of California County of Los Angeles

___________________________________, being first duly sworn, deposes and says: That he/she is _______________________________________________________ of

Title _____________________________________________________________________

Name of Bidder Said Bidder has fully understood the Housing Authority of the City of Los Angeles (HACLA) MBE/WBE Program requirements and certifies that Bidder (circle one) has/has not, in good faith, performed outreach to MBEs and WBEs as described in the RFQ documents. Bidder also certifies that upon the HACLA’s request, Bidder shall provide all information, documents, records, and proof verifying its MBE/WBE requirements.

__________________________________________ Signature of Bidder if Bidder is Individual Signature of Partner if Bidder is a Partnership Signature of Officer if Bidder is a Corporation Subscribed and sworn to me this______ day of___________________________, 20___ Notary Public . . . . . . . . . . . . . . . . . ._________________________________________ My Commission Expires. . . . . . . . . _________________________________________

Seal


EXHIBIT O

SECTION 3 REQUIREMENTS, AFFIDAVIT AND CERTIFICATION

INSTRUCTIONS ON COMPLETING SECTION 3 BUSINESS FORMS All interested and Section 3 qualified businesses, as set by HUD standards, are encouraged to complete and submit this form to HACLA to be included in the Section3 Business Concern database. This certification is not a guarantee of a contract. Rather, as set by HUD, Section 3 businesses will be given preference in contracting as applicable. All businesses are required to fill out Page 1 of the certification form. The certification form must be signed by the authorized personnel of the business, along with a second authority from the business. These individuals can be the owner, Chief Operating Officer, Chief Executive Officer, President, Board, or other decision making individual. If possible, the second signature could be a notary. In addition to page 1, you are also required to submit the Type 1, Type 2 or Type 3 pages of this document. All the fields should be completely filled out and signed by authorized personnel. If you require more space, you may copy that page. If you wish to learn more about Section 3, please visit the HUD website at www.hud.gov/section3 This form, along with any supporting documentation for Section 3 preference for business concern must be submitted to HACLA Section 3 Coordinator at: Housing Authority of the City of Los Angeles Section 3 Officer 2600 Wilshire Blvd., 4th Floor Los Angeles, CA 90057


THE HOUSING AUTHORITY OF THE CITY OF LOS ANGELES CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3

PREFERENCE IN CONTRACTING AND DEMONSTRATION OF CAPABILITY

Business Name

Address

Business Type Corporation Sole Proprietorship

Partnership Joint Venture

LLP LLC

Trade Description (i.e: carpentry, electrical, painting,

asbestos, roofing, flooring, lead abatement, etc.)

Contact Information Name and Title:

Telephone: E-mail:

Attached is the following documentation as evidence of status: Type 1: 51% or more owed by Section 3 Residents Copy of resident lease Copy of receipt of public assistance Copy of evidence of participation Other evidence in a public assistance program Type 2: At least 30 percent of the workforce are currently Section 3 residents or were Section 3 eligible residents within 3 years of date of first employment with the business: List of all current full-time employees List of employees claiming Section 3 status PHA/IHA Residential lease less than 3 Other evidence of Section 3 status less than 3 years from day of employment years from date of employment Type 3: For business claiming Section 3 status by subcontracting 25 percent of the dollar awarded to qualified Section 3 business: List of subcontracted Section 3 business(es) and subcontract amount (please attach on a separate sheet) Evidence of ability to perform successfully under the terms and conditions of the proposed contract:

Current financial statement Statement of ability to comply with public policy List of owned equipment List of all contracts for the past two years


___________________________________________ (Corporate Seal) Authorizing Name and Signature Attested by:_________________________________

Type 1: Section 3 Resident Owned Business

Resident Name:

Resident Address

Public Housing Resident?

Yes No

If YES, please list the name:

Phone Number

Trade/License #

Check the appropriate box for your family size and income if not a public housing resident:

I certify that the information given above is accurate and complete to the best of my knowledge. I understand that falst statements or information are punishable under federal law. Print Name: ______________________________________________________________ Date: ____________________________ Signature: _______________________________________________________________

Eligibility Guideline Check Applicable Box and circle the income

category

Number in Household Very Low Income (50%) Low Income (80%)

1 individual $ 29.000 $ 46,400 2 individuals $ 33,150 $ 53,000 3 individuals $ 37,300 $ 59,650 4 individuals $ 41,400 $ 66,250 5 individuals $ 44,750 $ 71,550 6 individuals $ 48,050 $ 76,850 7 individuals $ 51,350 $ 82,150 8 individuals $ 54,650 $ 87,450


Type 2: 30% of Workers are Section 3 Residents or were Section 3 eligible residents within 3 years of date of first employment with the business

Business Name

Address

Trade Description (i.e: carpentry, electrical, painting, asbestos,

roofing, flooring, lead abatement, etc.)


Telephone: E-mail:

Employee Name,

Address, City and Zip Code

Date Hired

Check if Section

3 Resident

Job Trade / Title

Pay Rate

Average Weekly Hours

Family Size

Total Number of Employees: ______________________ Number of Section 3 Residents: _______________________ % of Total Workforce: ______________________ I certify that the information given above is accurate and complete to the best of my knowledge. I understand that falst statements or information are punishable under federal law. Print Name: _______________________________________ Date: _____________________ Signature: _______________________________________________________________ Copy this form if necessary


Type 3: For business claiming Section 3 status by subcontracting 25 percent of the dollar awarded to qualified Section 3 business(es)

Business Name

Address

Trade Description (i.e: carpentry, electrical, painting,

asbestos, roofing, flooring, lead abatement, etc.)


Telephone: E-mail:

Businesses claiming Section 3 status by subcontracting 25% of their contract dollar awarded to qualified Section 3 businesses must list the Section 3 business information below.

List of Subcontractors

Business Name and Address

Contact Person and Phone

Trade Previously used subcontractor? (YES

or NO)

I certify that the information given above is accurate and complete to the best of my knowledge. I understand that false statements or information are punishable under federal law. Print Name: ______________________________________________________________ Date: ____________________________ Signature: _______________________________________________________________

Date: August 2014 Page 1 of 12 RFQ No. 7600

FEDERAL SECTION 3, [Rose Hill Courts Developer]

EQUAL OPPORTUNITY FOR BUSINESS

AND LOW—INCOME PERSONS

SECTION 3

I. Section 135.30 Numerical Goals for Meeting the Greatest Extent Feasible Requirement II. Section 135.34 Preference for Section 3 Residents in Training and Employment Opportunities III. Section 135.36 Preference for Section 3 Business Concerns in Contracting Opportunities IV. Section 135.38 Section 3 Clause V. Section 135.40 Providing Other Economic Opportunities VI. Section 135.5 Definitions





I. SECTION 135.30

Numerical Goals for Meeting the Greatest Extent Feasible Requirement

(a) GENERAL

(1) Recipients and covered contractors may demonstrate compliance with the "greatest extent feasible" requirement of Section 3 by meeting the numerical goals set forth in this Section for providing training, employment, and contracting opportunities to Section 3 residents and Section 3 Business Concerns.

(2) The goals established in this section apply to the entire amount of the Section 3

covered assistance awarded to a recipient in any Federal Fiscal Year (FY) commencing with the first FY following the effective date of this rule - (October 1, 1994).

(3) For recipients that do not engage in training, or hiring, but award contracts to

contractors that will engage in training, hiring and subcontracting, recipients must ensure that, to the greatest extent feasible, contractors will provide training, employment, and contracting opportunities to Section 3 residents and Section 3 Business Concerns.

(4) The numerical goals established in this Section represent minimum numerical

goals.

(b) TRAINING AND EMPLOYMENT The numerical goals set forth in this section apply to new hires. The numerical goals reflect the aggregate hires. Efforts to employ Section 3 residents, to the greatest extent feasible, should be made at all levels.

Numerical goals for Section 3 covered Public and Indian Housing Programs. Recipients of Section 3 covered Public and Indian Housing assistance (as described in Sec. 135.5) and their contractors and subcontractors may demonstrate compliance with this part by committing to employ Section 3 residents as:

(i) 10 percent of the aggregate number of new hires for the one year period beginning

in FY 1995 - (October 1, 1994 to September 30, 1995); (ii) 20 percent of the aggregate number of new hires for the one year period beginning

in FY 1996 - (October 1, 1995 to September 30, 1996); (iii) 30 percent of the aggregate number of new hires for one year period beginning in

FY 1997 and continuing thereafter - (October 1, 1996 and thereafter).





(C) CONTRACTS

Numerical goals set forth in this section apply to contracts awarded in connection with all Section 3 covered projects and Section 3 covered activities. Each recipient and contractor and subcontractor may demonstrate compliance with the requirements of this part by committing to award to Section 3 Business Concerns:

(1) At least 10 percent of the total dollar amount of all Section 3 covered contracts for

building trades work for maintenance, repair, modernization or development of public or Indian Housing, or for building trades work arising in connection with housing rehabilitation, housing construction and other public construction; and

(2) At least three (3) percent of the total dollar amount of all other Section 3 covered

contracts.

(d) SAFE HARBOR AND COMPLIANCE DETERMINATIONS

(1) In the absence of evidence to the contrary, a recipient that meets the minimum numerical goals set forth in this section will be considered to have complied with the Section 3 preference requirements.

(2) In evaluating compliance, a recipient that has not met the numerical goals set forth

in this section has the burden of demonstrating why it was not feasible to meet the numerical goals set forth in this section. Such justification may include impediments encountered despite actions taken. A recipient or contractor also can indicate other economic opportunities, such as those listed in Sec.135.40, which were provided in its efforts to comply with Section 3 and the requirement of this part.

II. SECTION 135.34

Preference for Section 3 Residents in Training and Employment Opportunities

(a) Order of providing preference. Recipients, contractors and subcontractors shall direct their efforts to provide, to the greatest extent feasible, training and employment opportunities generated from the expenditure of Section 3 covered assistance to Section 3 residents in the order of priority provided in this section.

(1) Public and Indian Housing Programs. In Public and Indian Housing Programs, efforts shall be directed to provide training

and employment opportunities to Section 3 residents in the following order of priority:

(i) Residents of the housing development or developments for which the

Section 3 covered assistance is expended (category 1 residents);





(ii) Residents of the other housing developments managed by the Housing Authority that is expending the Section 3 covered assistance (category 2 residents);

(iii) Participants in HUD Youthbuild programs being carried out in the metropolitan

area (or non metropolitan county) in which the Section 3 covered assistance is expended (category 3 residents);

(iv) Other Section 3 residents.

(b) Eligibility for Preference:

A Section 3 resident seeking the preference in training and employment provided by this part shall certify, or submit evidence to the recipient contractor or subcontractor, if requested, that the person is a Section 3 resident, as defined in Sec. 135.5. (An example of evidence of eligibility for the preference is evidence of receipt of public assistance, or evidence of participation in a public assistance program.)

(c) Eligibility for Employment:

Nothing in this part shall be construed to require the employment of a Section 3 resident

who does not meet the qualifications of the position to be filled.

III. SECTION 135.36

Preference for Section 3 Business Concerns in Contracting Opportunities:

(a) Order of Providing Preference:

Recipients, contractors and subcontractors shall direct their efforts to award Section 3 covered contracts, to the greatest extent feasible, to Section 3 Business Concerns in the order of priority provided in this section.

(1) Public and Indian Housing Programs. In Public and Indian Housing Programs,

efforts shall be directed to award contracts to Section 3 Business Concerns in the following order of priority:

(i) Business concerns that are 51 percent or more owned by residents of the

housing development or developments for which the Section 3 covered assistance is expended, or whose full-time permanent workforce includes 30 percent of those persons as employees (category 1 businesses);

(ii) Business concerns that are 51 percent or more owned by residents of other

housing developments or developments managed by the Housing Authority that is expending the Section 3 covered assistance, or whose full-time, permanent workforce includes 30 percent of these persons as employees (category 2 businesses); or





(iii) HUD Youthbuild programs being carried out in the metropolitan area (or non-

metropolitan county) in which the Section 3 covered assistance is expended (category 3 businesses).

(iv) Business concerns that are 51 percent or more owned by Section 3 residents

or whose permanent, full-time workforce includes no less than 30 percent Section 3 residents (category 4 businesses),or that subcontract in excess of 25 percent of the total amount of subcontracts to Business Concerns identified in paragraphs (A) (1) (i) and (A) (1) (ii) of this section.

(b) Eligibility For Preference.

A Business Concern seeking to qualify for a Section 3 contracting preference shall certify or submit evidence, if requested, that the Business Concern is a Section 3 Business Concern as defined in Section 135.5

(c) Ability to Complete Contract.

A Section 3 Business concern seeking a contract or a subcontract shall submit evidence

to the recipient, contractor, or subcontractor (as applicable), if requested, sufficient to demonstrate to the satisfaction of the party awarding the contract that the business concern is responsible and has the ability to perform successfully under the terms and conditions of the proposed contract.(The ability to perform successfully under the terms and conditions of the proposed contract is required of all contractors and subcontractors subject to the procurement standards of 24 CFR 85.36 (see 24 CFR 85.36 (b) (8)). This regulation requires consideration of, among other factors, the potential contractor's record in complying with public policy requirements. Section 3 compliance is a matter properly considered as part of this determination.

IV. SECTION 135.38

Section 3 Clause

All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause):

A. The work to be performed under this contact is subject to the requirements of Section 3

of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135,

which implement Section 3. As evidenced by their execution of this contract, the parties





to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

C. The contractor agrees to send to each labor organization or representative of workers

with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this Section 3 Clause in every subcontract subject to

compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

E. The contractor will certify that any vacant employment positions, including training

positions, that are filled (1) after the contractor is selected but before the contract is executed; and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.

F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,

termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

V. SECTION 135.40

Providing Other Economic Opportunities

(a) General. In accordance with the findings of the Congress, as stated in Section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with Section 3 covered assistance.

(b) Other training and employment related opportunities. Other economic opportunities to

train and employ Section 3 residents include, but need not be limited to, use of "upward mobility", "bridge" and trainee positions to fill vacancies; hiring Section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions.

(c) Other business related economic opportunities:





(1) A recipient or contractor may provide economic opportunities to establish, stabilize

or expand Section 3 Business Concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of Section 3 Joint Ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident-owned businesses and use of procedures under 24 CFR Part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-Section 3 businesses to utilize such methods to provide other economics opportunities to low-income persons.

(2) A Section 3 Joint Venture means an association of Business Concerns, one of

which qualifies as a Section 3 Business Concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the Business Concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the Section 3 Business Concern:

(i) Is responsible for a clearly defined portion of the work to be performed and

holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to

compensation proportionate to its work.

VI. SECTION 135.5

Definitions -As used in this part:

Annual Contributions Contract (ACC) means the contract under the U.S. Housing Act of 1937 (1937 Act) between HUD and the PHA, or between HUD and the IHA, that contains the terms and conditions under which HUD assists the PHA or the IHA in providing decent, safe and sanitary housing for low income families. The ACC must be in a form prescribed by HUD under which HUD agrees to provide assistance in the development, modernization and/or operation of a low income housing project under the 1937 ACT, and the PHA or IHA agrees to develop, modernize and operate the project in compliance with all provisions of the ACC and the 1937 Act, and all HUD regulations and implementing requirements and procedures. (The ACC is not a form of procurement contract.)

Applicant means any entity which makes an application for Section 3 covered assistance, and includes, but is not limited to, any State, unit of local government, public housing agency, Indian housing authority, Indian tribe, or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization (CHDO), resident management corporation, resident council, or cooperative association.

Assistant Secretary means the Assistant Secretary for Fair Housing and Equal Opportunity.





Business Concern means a business entity formed in accordance with State law, and which is licensed under State, county or municipal law to engage in the type of business activity for which it was formed.

Business Concern that provides economic opportunities for low and very low-income persons. See definition of "Section 3 Business Concern" in this section.

Contract. See the definition of "Section 3 covered contract" in this section.

Contractor means any entity which contracts to perform work generated by the expenditure of Section 3 covered assistance, or for work in connection with a Section 3 covered project.

Department or HUD means the Department of Housing and Urban Development, including its Field Offices to which authority has been delegated to perform functions under this part.

Employment opportunities generated by Section 3 covered assistance means all employment opportunities generated by the expenditure of Section 3 covered public and Indian housing assistance (i.e. operating assistance, development assistance and modernization assistance, as described in Section 135.3 (a) (1)). With respect to Section 3 covered housing and community development assistance, this term means all employment opportunities arising in connection with Section 3 covered projects (as described in Section 135.3 (a) (2)), including management and administrative jobs connected with the Section 3 covered project. Management and administrative jobs, include architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write-ups; and jobs directly related to administrative support of these activities, e.g., construction manager, relocation specialist, payroll clerk, etc. Housing Authority (HA) means collectively, public housing agency and indian housing authority. Housing and community development assistance means any financial assistance provided or otherwise made available through a HUD housing or community development program through any grant, loan, loan guarantee, cooperative agreement, or contract, and includes community development funds in the form of community development block grants, and loans guaranteed under Section 108 of the Housing and Community Development Act of 1974, as amended. Housing and community development assistance does not include financial assistance provided through a contract of insurance or guaranty.

Housing development means low-income housing owned, developed, or operated by public housing agencies or Indian housing authorities in accordance with HUD's public and Indian housing program regulations codified in 24 CFR Chapter IX.

HUD Youthbuild Programs means programs that receive assistance under subtitle D of Title IV of the National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992 (42 U.S.C. 12899), and provide disadvantaged youth with opportunities for employment, education, leadership development, and training in the





construction or rehabilitation of housing for homeless individuals and members of low and very low-income families.

Indian Housing Authority (IHA) has the meaning given this term in 24 CFR Part 905.

Indian tribes shall have the meaning given this term in 24 CFR Part 571.

JTPA means the Job Training Partnership Act (29 U.S.C. 1579 (a)). Low income person. See the definition of "Section 3 Resident" in this section.

Metropolitan area means a metropolitan statistical area (MSA) as established the Office of Management and Budget.

Neighborhood area means:

(1) For HUD housing programs, a geographical location within the jurisdiction of a unit of

general local government (but not the entire jurisdiction) designated in ordinances, or other local documents as a neighborhood, village, or similar geographic designation.

(2) For HUD community development programs, see the definition, if provided, in the

regulations for the applicable community development program, or the definition for this term in 24 CFR 570.204 (c) (1).

New hires mean full-time employees for permanent, temporary or seasonal employment opportunities.

Nonmetropolitan county means any county outside of a metropolitan area. Other HUD programs means HUD programs, other than HUD public and Indian housing programs, that provide housing and community development assistance for "section 3 covered projects," as defined in this section.

Public Housing Agency (PHA) has the meaning given this term in 24 CFR Part 941.

Public Housing resident has the meaning given this term in 24 CFR Part 963.

Recipient means any entity which receives Section 3 covered assistance, directly from HUD or from another recipient and includes, but is not limited to, any State, unit or local government, PHA, IHA, Indian tribe, or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association. Recipient also includes any successor, assignee or transferee of any such entity, but does not include any ultimate beneficiary under the HUD program to which Section 3 applies and does not include contractors.





Secretary means the Secretary of Housing and Urban Development.

Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 170lu)

Section 3 Business Concern means a business concern, as defined in this Section:

(1) That is 51 percent or more owned by Section 3 residents; or

(2) Whose permanent, full-time employees include persons, at least 30 percent of whom

are currently Section 3 residents, or within three years of the date of first employment with the business concern were section 3 residents; or

(3) That provides evidence of a commitment to subcontract in excess of 25 percent of the

dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in paragraphs (1) or (2) in this definition of "Section 3 Business Concern."

Section 3 Clause means the contract provisions set forth in Sec. 135.38.

Section 3 covered activity means any activity which is funded by section 3 covered assistance public and Indian housing assistance.

Section 3 covered assistance means:

(1) Public and Indian housing development assistance provided pursuant to Section 5 of the

1937 Act;

(2) Public and Indian housing operating assistance provided pursuant to Section 9 of the 1937 Act;

(3) Public and Indian housing modernization assistance provided pursuant to Section 14 of

the 1937 Act.

(4) Assistance provided under any HUD housing or community development program that is expended for work arising in connection with:

(i) Housing rehabilitation (including reduction and abatement of lead-based paint

hazards, but excluding routine maintenance, repair and replacement); (ii) Housing construction; or

(iii) Other public construction project (which includes other buildings or improvements

regardless of ownership).





Section 3 covered contract means a contract or subcontract (including a professional service contract) awarded by a recipient or contractor for work generated by the expenditure of section 3 covered assistance, or for work arising in connection with a Section 3 covered project. "Section 3 covered contracts" do not include contracts awarded under HUD's procurement program, which are governed by the Federal Acquisition Regulation System (see 48 CFR, Chapter I). "Section 3 covered contracts" also do not include contracts for the purchase of supplies and materials. However, whenever a contract for materials includes the installation of the materials, the contract constitutes a Section 3 covered contract. For example, a contract for the purchase and installation of a furnace would be a Section 3 covered contract because the contract is for work (i.e., the installation of the furnace) and thus is covered by Section 3.

Section 3 covered project means the construction, reconstruction, conversion or rehabilitation of housing (including reduction and abatement of lead-based paint hazards), other public construction which includes buildings or improvements (regardless of ownership) assisted with housing or community development assistance.

Section 3 Joint Venture. See Sec. 135.40.

Section 3 resident means: (1) A public housing resident; or

(2) An individual who resides in the metropolitan area or non metropolitan county in which

the Section 3 covered assistance is expended, and who is:

(i) A low income person, as this term is defined in Section 3 (b) (2) of the 1937 Act (42 U.S.C. 1437a(b)(2). Section 3 (b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs for unusually high or low income families; or

(ii) A very low income person, as this term is defined in Section 3 (b) (2) of the 1937

Act (42 U.S.C. 1437a (b) (2) ). Section 3(b) (2) of the 1937 Act (42 U.S.C. 1437a(b) (2) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the medium family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes.

(3) A person seeking the training and employment preference provided by Section 3 bears

the responsibility of providing evidence (if requested) that the person is eligible for the preference.





Section 8 Assistance means assistance provided under Section 8 of the 1937 Act (42 U.S.C. 1437f) pursuant to 24 CFR part 882, subpart G.

Service area means the geographical area in which the persons benefiting from the Section 3 covered project reside. The service area shall not extend beyond the unit of general local government in which the Section 3 covered assistance is expended. In HUD's Indian housing programs, the service area, for IHAs established by an Indian tribe as a result of the exercise of the tribe's sovereign power, is limited to the area of tribal jurisdiction.

Subcontractor means any entity (other than a person who is an employee of the contractor) which has a contract with a contractor to undertake a portion of the contractor's obligation for the performance of work generated by the expenditure of Section 3 covered assistance, or arising in connection with a section 3 covered project.

Very low income person. See the definition of "Section 3 Resident" in this section.

Youthbuild programs. See the definition of "HUD Youth build programs" in this section.


EXHIBIT P

Insurance Requirements & Certificate of Insurance

This section establishes that the selected Developer shall provide and maintain the following upon the execution of an MOU; and

1. Statutory Workers' Compensation, as required by the California Labor Code with no exclusion and listing the Housing Authority of the City of Los Angeles as Certificate holder; and

2. Comprehensive General Liability with limits not less than $2,000,000 with the

Housing Authority of the City of Los Angeles as an additional insured; and

3. Comprehensive Automobile Liability insurance with limits not less than $500,000 per occurrence for all owned and non-owned vehicles, with the Housing Authority of the City of Los Angeles as additional insured on the Contractor’s policy; and

4. Professional Liability Insurance with limits not less than $1,000,000 per

occurrence, with the Housing Authority of the City of Los Angeles as additional insured in a certificate with endorsement.