Document Palmdale_doc_0e3fe96f56

PALMDALE û place to call home Section 3 Plan Contracting - Employment - Economic Opportunrty Economic Development Department Housing Division Adopted by City Council: September 5,2007 Forms updated: June 14,2017 ---PAGE BREAK--- I 1l CITY OF PALMDALE COUNTY OF LOS ANGELES, CALIFORNIA RESOLUTION NO. CQ 2007'230 A RESOLUTION OF THE CITY COUNCIL OF TI.JE CITY OF PALMDALE TO ADOPT A SECTION 3 PLAN TO 24 CFR, PART 135 OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 3 REGULATIONS. THE CITY COUNCIL OF THE CITY OF PALMDALE HEREBY FINDS, DETERM¡NEÞ, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, the United States Congfess passed Section 3 of the Housing a-nd Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) to.further the goal of ensuring that feåeral funds benefit the residents of projects funded wholly or in part by those funds, and ¡ WHEREAS, Part 135 of Section 3 is to establish the standards and procedures to,be followed to ensure that the objectives of Section 3 are met; and WHEREAS, the Cig of Palmdale staff has developed a revised Section 3 Plan in adherence lo 24 CFR, PaË 135 that more practically addresses the standards and procedures prescribed in the Act; NOW, THEREFORE, BE tT RESOLVED THAT the City'Council authorizes tþe City, of palmáale to adopt and implement the revised Section 3 Plan to énsure compliance with Federal Law. 'pASSED; AppROVED and ADOPTED this 5th day of September,2O07, by the following vote: Ma Ledford and ilrnenber auer, and Dispenàa NOES: Nope ABSTAIN None S ncock, C l Wrn. M Ditzhazy City Clerk ---PAGE BREAK--- Table of Gontents Resolution Table of Contents Background Applicability lmplementation Section 3 Contracting Policy Section 3 Employment Goals Section 3 Procurement Goals Section 3 Bid Evaluation Section 3 Residents/Targeted Hiring Section 3 Summary Report Section 3 Contract Award Goal Section 3 Business List $ection 3 Complaint Procedures Section 3 Bld Package - Contractor Section 3 Pre-Bid Meeting Checklist Section 3 Bid Evaluation Memorandum Project Manager's Section 3 File Checklist 2 3 4 4 4 5 5 6 7 7 B I I I Appendix A Appendix B Appendix C Appendix D Section 3 Plan Page 3 Approved September 5, 2007 ---PAGE BREAK--- 1. Background To comply with Sectíon 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u) (Section 3) the City of Palmdale must ensure that employment and other economic and business opportunities generated by the Department of Housing and Urban Development (HUD) financial assistance, to the greatest extent feasible, are directed to public housing residents and other low-income persons, particularty recipients of government housing assistance, and business concerns that provide training and economic opportunities to low- and very-low income persons. 2. Applicability Section 3 applies to City of Palmdale housíng rehabilitation, housing construction, and other public construction projects funded with $200,000 or more from a HUD source. The most common HUD funding sources used by the City of Palmdale for housing rehabilitation, housing construction, and other public construction projects include the Community Development Block Grant (CDBG), Home lnvestment Partnerships Act (HOME) funds, and Section 108 Loan Guarantee funds. 3. lmplementation The City of Palmdale seeks, to the greatest extent feasible, to meet the Section 3 regulatory requirements by awarding Section 3 contracts to contractors, vendors, and suppliers, in an effort to create employment and business opportunities for public City Housing rehabilitation, housing construction, or other public construction project funded (in whole or in part) with $200,000 or more in HUD financial assistance. Housing Developer / Prime Contractor Section 3 applies to construction contracts of $100,000 or more Subcontractor Section 3 applies to subcontracts of $100,000 or more Section 3 Plan Page 4 Approved September 5, 2007 ---PAGE BREAK--- housing residents, subsidized housing residents, and low-income persons residing within the City of Palmdale and the Antelope Valley area of Los Angeles County, The policy shall result in a reasonable level of success in the recruitment, employment, and utilization of Palmdale residents and other eligible persons and business by contractors working on contracts partially or wholly funded with the United States Department of Housing and Urban Development (HUD) monies. The City of Palmdale shall examine and consider a contractor's or vendor's potential for success in providing ernployment and business opportunities to Palmdale residents prior to acting on any proposed contract award. a. Section 3 Contracting PolicY The Cíty of Palmdale has incorporated Section 3 into its existing Procurement Policy for housing rehabilitation, housing construction, and other public construction projects assisted with HUD funds of $200,000 or more. Section 3 covered procurements shall be implemented ín accordance with this Section 3 Plan, All contractors and developers are highly encouraged to seek Section 3 preference when submitting bids/proposals to the City of Palmdale for Section 3 covered contracts. The existing Procurement Policy also contains goal requirements for awarding contracts to Small Disadvantaged Businesses, formerly Minoríty and Women Business Enterprises (MBE/WBE); however, compliance with these programs is separate from the considerations required by Section 3, which are based entirely on the income of newly hired Section 3 residents at the time of hire. The City of Palmdale also incorporates the federal Equal Employment Opportunity laws into its HUD-funded projects. Contractors must provide equal employment opportunity to all employees and applicants for employment without regard to race, color, religion, sex, national origin, disability, veteran's or marital status, or economic status and to take affirmative action to ensure that both job applicants and existing employees are given fair and equaltreatment. b. Section 3 Employment & Training Goals It is the policy of the City of Palmdale to utilize residents and other Section 3 eligible persons and businesses on Section 3 covered projects. The City has established employment and training goals that contractors and subcontractors should meet in order to comply with Section 3 requirements. The numerical goal is thirty percent (30%) of the aggregate number of new hires in any fiscal year. The Section 3 Contract Clause specifies the requirements for contractors hired for Section 3 covered projects. The Section 3 Clause must be included in all Section 3 covered projects, Section 3 Plan Page 5 Approved September 5, 2007 ---PAGE BREAK--- It is the responsibility of the City and its contractors to implement and document their good faith efforts to attain Section 3 compliance. Any contractor that does not meet the Section 3 numerical goals must submit documentation to the City with its Secfion 3 Economic Opportunity Report to demonstrate why meeting the goals were not feasible. c. Section 3 Procurement - Contracts of $100,000 or more The requirements of Section 3 are passed down from HUD to the City, and from the City to contractors participating on Section 3 covered projects. A contractor is any entity that contracts to perform work generated by the expenditure of Sectíon 3 covered assistance, or for work in connection with a Section 3 project. Such entities contracted to perform work may include: o The State; r A unit of local government; o A public housing authority; . A public body; . A public or private non-profit agency; r A private agency mortgagor; . A sponsor; o A builder or building contractor; . A property manager; o A community development organization; and . Resident managernent or a resident council. Under the federal procurement regulations applicable to the City at 24 CFR 85.36, most Section 3 covered procurements will be formal procurements involving a Notice lnviting Bids that will be advertised twice in media of general circulation. The following statement shall be inserted in the bid advertisement: Ih,s is a HUD Section 3 constructíon contract. First preference will be given to a bídder who provides a reasonable bíd and is a qualified Secfibn 3 Busrness Concern Second preference will be given to a bidder who provides a reasonable bid and commits to achieving the Secfion 3 employment, trainíng and subcontracting opportunity goals by submitting a written commitment (Economic Opportunity Plan). Within the bid document, the project manager shall insert the "Section 3 Bid Package." This group of documents includes the: . Section 3 Clause; . Section 3 Bid Preference Evaluation and Contract Award Criteria; . Section 3 Business Certification; e Section 3 Economic Opportunity Plan; Section 3 Plan Page 6 Approved September 5, 2007 ---PAGE BREAK--- . Mandatory and Sample Outreach Effotts; o Section 3 Resident Certificatíons (by County of Residence); . Section 3 Contractor's Economic Opportunity Report At least one week prior to the bid opening, the project manager shall conduct a Section 3 Pre'Bid Meeting to explain the Section 3 bid preference and documentation requirements to potential bidders. Using the Section 3 Bid Package forms and the Section 3 Pre-Bid Meeting Checklist found in Appendix B, the project manager shall present relevant Section 3 information to potential bídders and answer their questions about documentation, outreach, the bid preference, and employment goals. It is to mention to contractors who anticipate bidding City projects in the future that the Section 3 Resident Certification should be incorporated into their new-hire packet. Eventually, a given contractor could claim level 1 bid preference by submitting Section 3 Resident Certification forms for 30% of their workforce (ceñifications collected within the three years prior to the bid opening). For all other contractors, qualification for the bid preference will require additional outreach and documentation (the Section 3 Economic Opportunity Plan). d. Section 3 Bid Evaluation It is the Project Manager's responsibility to evaluate the Section 3 responsiveness of all bidders prior to contract award using the Section 3 Bid Evaluation Memorandum. A copy of the Section 3 B¡d Evaluation Memorandum must be submitted for review and approval to the Consolidated Plan Coordínator (Economic Development Department * Housing Division) prior to contract award. e. Section 3 Residents/Targeted Hiring: The HUD definition of a Section 3 Resident is a public housing resident, a resident of the metropolitan area, a resident of the non-metropolitan county in which the Section 3 covered assistance is expended, and low-income persons (80% AMI or less, adjusted by family size). Due to the nature of the contracting community in southern CalÍfornia, and the inherent challenges associated with attracting qualified firms to bíd on projects throughout the Antelope Valley, the City has determined that it is not feasible at this time to impose targeted hiring goals upon businesses who are qualified Section 3 firms, or those businesses seeking to become Section 3 qualified firms. Geographic hiring preferences may be imposed at the direction of the City Council at a later date, lt should be noted that the Contractor's mandatory outreach efforts are primarily focused within the City of Palmdale; therefore, it is anticipated that a significant number of new hires generated in connection with City of Palmdale projects will be residents of the City of Palmdale, the Antelope Valley area, or the metropolitan County of Los Angeles. Section 3 Plan Page 7 Approved September 5, 2007 ---PAGE BREAK--- f. Annual HUD-60002 Section 3 Summary Report It is the Consolidated Plan Coordinator's responsibility to submit the annual HUD- 60002 report. This report is a summary of all data received from Section 3- covered projects throughout the year. This report is due annually on January 10 to the HUD-Los Angeles Area Field Office. Alternatively, the Consolidated Plan Coordinator can submit this data quarterly (within 15 days following each quarter) online at the following site: htto://wwwS, hud.oov: 6300 1 blic/form.cfm g. Section 3 Contract Award Goal It is the goal of the City of Palmdale to award at least 10o/o of the total dollar amount of Section 3-covered contracts for housing rehabilitation, housing construction, and other public construction to qualified category 1 businesses (at least 51% owned by Section 3 residents or those businesses employing at least 30% Section 3 residents). h. Section 3 Business List Etfective July 1 , 2007, the Consolidated Plan Coordinator, in consultation with the Public Works Department, shall maintain a list of qualified Section 3 Businesses wishing to contract for federally-assisted housing rehabilitation, housing construction, and other public construction projects. i. Section 3 Complaint Procedures Any Section 3 business or resident may, on its own or on behalf of another Section 3 business or resident, file a complaint with the HUD Assistant Secretary for Fair Housing and Equal Opportunity. Complaints must be filed within 180 days from the action or ornission which is the basis for the complaint. The Assistant Secretary may extend this period. Complaints must concern the City or Contractor's alleged noncompliance with 24 CFR Part 135 or the City's adopted Section 3 Plan. Complaints must be submitted in writing to: Assistant Secretary Fair Housing and Equal Opportunity U.S. Department of Housing and Urban Development 451 7th Street, Room 5200 Washington, D.C. 2041A Section 3 Plan Page B Approved September 5, 2007 ---PAGE BREAK--- s PALMDALE a place to cøll horna Appendix A Section 3 B¡d Package - Contractor ---PAGE BREAK--- ITEM Section 3 Clouse Seclion 3 Bid Preference: Business Ceilificotion: Economic Oppoúunity Plon: Outreqch Effods: Resident Cerlificolions: Economic Opporlunily Report: Seclion 3 B¡d Pockoge PURPOSE This is o Secfian 3 Covered housing rehobilitofion, housing consfruction or ofher public construction proiect. The provisions of 24 CFR 135,38 opplY to confrocts ond subcontrocfs of .9100,000 or more, A bid preference is ovoiloble to controcfors who submit o reosonoble bid ond commit to ochieving the Section 3 employment or subcontracting gools. First preference will be given to bidders who ore o Secfion 3 Buslness of fhe time of bid, Second preference will be given to bidders who moke o written commitment to meet the Secfion 3 gools through hiring ond subcontrocting, Used fo documenf the sfofus of o bidder or subconfroctor os o Secfion 3 Buslness or os o buslness fhot is making o written commifment to meet the Section 3 gools through hiring or subcontracting to other Section 3 Businesses. Used fo documenf fhot o bidder is moking a written commitment to meef fhe Secfion 3 goals through new hires or subcontrocting to ofher Section 3 Buslnesses. Subcontracfed Section 3 Busrnesses must be documenfed with fhe Business Certification os o Secflon 3 busrness of the time of bid, Ihe successful bidder will be required to posf o listing of oll job openings (construction and non-construction) ot fhe site of consfruction, the South Volley WorkSource Center, City HalL locol community bosed employmenf agencies, ond any trade unions or worker's representofive orgonizofions to which the controctor is o signofory, Contractors moy utilize fhe Nofice of Section 3 Commitment form for this purpose. Used to document eoch individuol cloimed on o Business Cerfificotion form os o Section 3 Resident (owners or employees) ond to documenf new hires. Section 3 covered contracfors ore required fo submit o Section 3 Economic Opportunity Report on July lst ond with their finol Certified Poyroll Report to document oll Section 3 hiring ocfivity ond outreoch efforts during fhe projecf. ---PAGE BREAK--- Section 3 Clouse 24 CFR Port 135 a. The work to be performed under this controct is subject to the requirements of Seclion 3 of the Housing ond Urbon Development Act of l9ó8, os omended, l2 U,S,C, l70lu (Section The purpose of Section 3 is to ensure thot employment ond other economic opportunities generoted by the U,S, Deportment of Housing ond Urbon Development (HUD) ossistonce or HUD ossisted projects covered by Section 3, sholl, to the greotest extent feosible, be directed to low- ond very low-income persons, porticulorly persons who ore recipients of HUD ossistonce for housing. b. The porties to this controct will comply with HUD's regulotions os set forth in 24 CFR Port 135, which implement Section 3, As evidenced by their execution of lhis controct, the porties to this controct certify thot they ore under no controctuol or other impediment thot would prevent them from complying with the Port 135 regulotions, c. The controclor ogrees to send to eoch lobor orgonizotion or representotive of workers which the controctor hos o collective borgoining ogreement or other understonding, if ony, o notice odvising the lobor orgonizotion or workers' representotive of the controctor's commitments under this Section 3 Clouse, ond will post copies of the notice in conspicuous ploces of the work site where both employees ond oppliconts for troining ond employment positions con see the notice, The notice sholl; describe the Section 3 preference, sholl set forth minimum number ond job tilles subject to hire, ovoilobility of opprenticeship ond troining positions, the quolificotions for eoch, ond the nome ond locotion of the persons toking opplicotions for eoch of the positions, ond the onticipoted dote the work sholl begin, d. The controctor ogrees to include this Section 3 Clouse in every subcontroct subject to complionce with regulotions in 24 CFR Port 135, ond ogrees lo toke oppropriote oction, os provided in on opplicoble provision of the subcontroct or in this Section 3 Clouse, upon o finding thot the subcontroctor is in violotion of the regulotions in 24 CFR Port j 35, The controctor will not subcontroct with ony subcontroctor where the controctor hos notice or knowledge thot the subcontroctor hos been found in violotion of regulotions under 24 CtR Port .l35. e. The controctor will certify thot ony vocont employment positions, including troining positions, thot ore filled (l ) ofter the controctor is selected, but before the controct is executed, ond with persons other thon those to whom the regulotions of 24 CtR Port 135 require employment opportunities to be directed, where not filled to circumvent the controctor's obligotions under 24 CFR Port 135, f. Noncomplionce with HUD's regulotions in 24 CFR Port I35 moy result in sonctions, terminotion of this controct for defoult, ond deborment or suspension from future HUD ossisted controcts. c. With respect to work performed in connection with Section 3 covered lndion Housing Assistonce, Seclion 7(b) of the lndion Self-Determinotion ond Educotion Assistonce Act (25 U,S,C, 450e) olso opplies to the work to be performed under this controct, Section 7(b) requires thot the greotest extent feosible; preference ond opportunities for troining ond employment sholl be given to lndions, ond (ii) preference in the oword of controcts ond subcontrocts sholl be given to lndion orgonizotions ond lndion-owned Economic Enterprises, Porties to this controct thot ore subject to the provisions of Section 3 ond Section 7(b) ogree to comply with Section 3 to the moximum extent feosible, but not in derogotion of complionce with Section 7(b), ---PAGE BREAK--- Section 3 B¡d Preference Evoluolion ond Controct Aword Criteriq First preference for this controct oword will be given to o bidder who provides o reosonoble bid ond is o quolified Section 3 Business Concern, Second preference will be given to o bidder who provides o reosonoble bid ond commits to ochieving the Section 3 employment, troining ond subcontrocting opportunity gools by submitting o written commitment (Economic Opportunity Plon). Prior to determining preference bosed on Section 3 responsiveness, the City will evoluote oll bids received to determine which bidders ore responsive to oll of the other controct requirements (excluding Section Those bids thot meet oll of the other project requirements besides Section 3 ore deemed responsive ond responsible bidders who moy then be evoluoted to determine if o bid preference sholl be given bosed on responsiveness to Section 3, A Section 3 responsive bidder is o bidder thot submits o Section 3 Business Certificotion form with the bid, ond: l. Quolifies os o Section 3 Business concern becouse the business: . Provides the Section 3 Resident Certificoiion form(s) for eoch quolified owner or employee to document thot the business is: . 51o/o owned by Section 3 Residents, or . 3O"/" or more of its permonent full-time employees ore Section 3 Residents, 2, Mokes o written commitme^t by *8ånilnn o Section 3 Economic opportunity Plon with their bid indicoting thot the bidder will: . Hire of leost 30 percent oggregote new-hires thol ore Section 3 Residents, ond . Provide the Section 3 Resident Certificotion form(s) for 30 percent of the new hires it commits to moke during the course of the project, or . Subcontrocts 25 percent or more of the bid omount to Section 3 Business Concern(s), ond . Ensure thot the Business Concern(s) provide Section 3 Resident Certificotion form(s) for eoch owner or employee cloimed os o Section 3 Resident, lf the controct is oworded bosed upon the written commitment, the controctor will be responsible to document oll outreoch efforts mode to recruit Section 3 resident new-hires, Additionolly, the recipient of o Section 3 controct who commits to the Section 3 gool is required to submit o Section 3 Economic Opportunity Report by July l.t or with their finol Certified Poyroll Report submission, whichever occurs first. A Section 3 non-responsive bidder is o bidder thot: t. Foils to provide o Section 3 Business Certificotion form with oppropriote supporting documentotion to demonstrote thot the bidder is o Section 3 Business; or 2. Foils to document thot their intention to meet the Section 3 gools by submitting o Section 3 Business Certificotion form ond on Economic Opporlunity Plon with the bid response, ln order for bid to receive preference bosed on Section 3 responsiveness over other bidder(s) thot ore non-responsive to Section 3, the bid must be reosonoble, lf the bid is not reosonoble, the preference moy not be given ond the controct sholl be oworded to the lowest responsible bidder. ---PAGE BREAK--- A reosonoble bid is not more thon the volue of higher thon the lowest bid, This is determined os follows: l. The octuol dollor omount of the lowest bid, PLUS 2. The FACTOR, which is the lesser of: a. The dollor omount of the required percentoge listed on the chort below of the lowest bid. or b. The octuol dollor omount listed on the chort below. 3. This equols the MAXIMUM ACCEPTABLE BlD, thus defining the Zone of Considerotion, Zone of Considerotion lf the Lowest Bid is The FACTOR is lhe lesser of At Leosl But Less Thon sr 00,000 N/A l07" $9,000 $ r 00,000 $200,000 97o $ I ó,000 $200,000 $300,000 B7o $2r,000 $300,000 $400,000 7o/o s24,000 $400,000 $500,000 67" $25,000 $500,000 $ r,000,000 5% $40,000 $ r,000,000 $2,000,000 47o $ó0,000 $2,000.000 $4,000,000 3% s80,000 $4,000,000 $7,000,000 27o $ r 05,000 $7,000,000 The City uses the Section 3 Bid Evoluotion Memorondum to document its onolysis of bids to determine whether or not preference will be given. ln the event thot oll bidders ore non-responsive to Section 3, or thot the only Section 3 responsive bidders ore outside of the Zone of Considerotion, the provisions of the Section 3 Clouse remoin in effect for the durotion of the controct, This meons thot if ony new hiring is undertoken by firms with o Seclion 3 Covered controct or subcontroct, 30 percent of the oggregote new hires sholl be Section 3 Residents, Hiring octivity on the port of Section 3 Covered controctors sholl be documented on the Section 3 Economic Opportunity Report, ln the event thot no new hires were mode, the controctor sholl indicote this on the Section 3 Economic Opportunity Report ond sholl be responsible for the submittol of the report on July ls or with the finol Certified Poyroll Report, whichever occurs first, ---PAGE BREAK--- PROJEC'T NAME Section 3 Business Certificotion Form Federol Complionce Form - To be submitted with Bid to be Responsive to Secfion 3 PROJECT NUMBER BID/CONTRACÌ AMOUNI BU9NESS NAME 2 EUSINESS ADDRESS TELEPHONE NUMBER LICENSE NUMBER EMPLOYER IDENII FICATION NUI\4BER DUNS NUMBER l, The obove nomed business is o Section 3 Business Concern bosed on the following quolificotions: 5l -percent owned by Section 3 Residents Number of Section 3 Resident Owners:- / Number of Owners: - = (Attoch Resident Certificotions for oll Section 3 owners cloimed) Al leost 30-percent of permonent, full-lime employees ore Section 3 Residenls Number of Section 3 employees - / ollfull-time employees - = -o/o (Attoch Resident Cerlificotions for ollSection 3 employees cloimed) The obove nomed business is not o Section 3 business Concern, but commits to meeting the Section 3 goolon this project by: tr Moking o Wfitlen Commitment - (Submit Section 3 Economic Opportunity Plon) The Section 3 Economic Opportunity Plon (ottoched) submitted by our compony declores our intention to incorporote Section 3 into our normol hiring proctices beginning with oll openings effective on or ofter the dote of controct oword, with the gool of becoming o Section 3 Business Concern, On this project, our compony will: Hire Section 3 quolified residents of leost 3O-percent oggregote new hire positions, ond/or Subcontroct 2S-percent or more of the controct omount to Section 3 Businesses. (Attoch the Section 3 Economic Opportunity Plon, Business Certificotions for oll Section 3 subcontrocts cloimed, ond collect Section 3 Resident Certificotions throughout the durotion of the project) The undersigned declqres thot the qbove informotion is complete ond correct OWNER/PRINCIPAI NAME SIGNAfURE DATE ---PAGE BREAK--- Section 3 Economic Opportunily Plon Musf be submitted with Bid if Box 2 is checked on the Section 3 Buslness Certificotion NOIE: THIS SUBMITTAL MUST INCLUDE NUMERICAL GOALS lN ORDER TO BE RESPONSIVE TO SECTION 3 PART I OR PART II MUST REFLECT NUMERICAL HIRING OR CONTRACTING GOALS. NAME AND ADDRESS OF CONÏRACTOR FEDERAL IDENIIFICATION: (CONTRACI NO.) DOLLAR AlvlOUNf OF BID/AWARD: CONTACT PERSON BID OPENING DAIE PHONE FAX Port l: Employment ond Troining CommitmenT Port ll: Conhoct Aword Commitment to Section 3 Businesses (Subcontroctors, Suppliers, etc,) Job Totol New hires Seclion 3 New hires % New hires who ore Seclion 3 Residents Professionols ol/o Technicions o//o Office/Clericol o//o Trode ô/lo Trode: o/lo Trode o//o Trode: o//o Trode: ot/o Trode o//o ïotol otlo Nome of Seclion 3 business concefn Specify conslruction or non-construction Amounl s $ $ $ $ $ $ Tolol: $ Pelcentoge of the Prime Conlroct lo be oworded to Seclion 3 Business Concems: lo ---PAGE BREAK--- Required Outreoch The Controctor must post o listing of olljob openings (conslruction ond non-construction) of the site of construction, the South Volley WorkSource Center, City Holl, locol community bosed employment ogencies, ond ony trode unions or worker's representotive orgonizotions to which the controctor is o signotory, Controctors moy utilize the Notice of Section 3 Commitment form for this purpose, Additionol outreoch efforts ore encouroged. Some potentiol outreoch efforts ore discussed below, This list is not exhouslive ond should not be presumed to exclude other reosonoble forms of outreoch, Somple Oulreoch Efforts for Seeking lo Hire Section 3 Residents A Section 3 responsive bidder who commits to hire Section 3 Residents by directing employment ond troining opportunities toword low- ond very low-income persons, porticulorly those who ore recipients of government ossistonce for housing, moy use ony combinotion of outreoch efforts to meet the Section 3 commitment mode when o Section 3 Economic Opportunity Plon hos been submitted, REMEMBER: All employees of o business/firm count toword meeting your Section 3 complionce gools-Section 3 New Hires do not hove to be construction workers, they just hove to be o port of your permonent, full-time stoff, . At the beginning of the project, ond subsequently os positions become ovoiloble, the Notice of Section 3 Commitment sholl be submitted to ond/or posted of the following locotions: o At the site of construction; ond o At ony trode unions or worker's representotives orgonizotions to which the controctor is o signotory, . Submit o request for dispotch of opprentices to locol opprenticeship committees, . Enter into "first-source" hiring ogreements with orgonizqtions representing Section 3 residents, such os o locolWorkforce lnvestment Boord. o Sponsor o HUD-certified "Step-Up" employment ond troining progrom for Section 3 residents, . Advertise troining ond employment positions by distributing flyers (Nolice of Section 3 Commitment or other flyer thot identifies the positions to be filled, the quolificotions required, ond where to obtoin odditionol informotion obout the opplicotion process) to every occupied dwelling unit in the housing development(s) odjocent to the project site, . Post troining ond employment position flyers in public housing developments, offices of the locol government, ond other conspicuous ploces, . Contoct Stote-opproved opprenticeship progroms to goin occess to potentiolly low-income residents who ore octively seeking job-plocement ond troining, . Contoct ogencies odministering HUD Youthbuild progroms, ond requesting their ossistonce fo recruit current HUD Youthbuild progrom porticiponts who ore in need of permonent plocement, . Advertise ony positions to be filled through the locol medio, such os community television networks, newspopers of generol circulotion, or commonly-used job plocement websites such os www.monster.com ---PAGE BREAK--- Seclion 3 Resident Cerlificolion Employee Residing in Los Angeles County Submif with Bid if Box I is checked on Secfion 3 Buslness Certificofion or for New Hires NAME ADDRESS I hereby certify thol lom q Section 3 resident; bosed on the following quolificotion(s): L n l om o Public Housing Resident: NAME OF PUBLIC HOUSING SITE ADDRESS OF PUBLIC HOUSING SIIE 2 I om o low-income resident of the metropoliton oreo ond: 20] 7 INCOME LIMITS My household Size is: My household's gross onnuql income from oll sources is: u I S50,500 or less n 2 S57.700 or less ! 3 5ó4,900 or less 5722,lOO or less n  $77,900 or less ! 6 $83,ó50 or less n 7 $89,450 or less n 8 $95,200 or less According to Tifle lB, Secfion l00l of the U.S. Code, if is o felony for ony person fo knowingly ond willingly make folse or froudulenf stofements to ony deporfmenf of the United Sfofes Governmenf, I, fhe undersigned, hereby cerfify fhot oll sfotemenfs contoined herein, ore true ond correcf to fhe besf of my knowledge ond belief , I undersfond fhe informotion I provide in fhis certificotion is subjecf fo verificotion, ond I ogree to provide necessorY documentotion if requesfed. Under the penolty of perjury, I cedify thot lhe obove informqtion is true ond corect. EMPLOYEE SIGNATURE To be Compleled by Employer: DATE The obove-nomed person wos hired previous to this certificotion on The obove-nomed person is o new hire os of: The obove-nomed person's job title is: Compony Nome: Employer Nome/Signoture ---PAGE BREAK--- Section 3 Resident Cerlificolion Employee Residing in Kern County Submif with Bid if Box I is checked on Section 3 Buslness Certificotion or for New Hires NAME ADDI?ESS I hereby cerlify lhot lqm o Seclion 3 resident; bosed on the following quolificotion(s): L n l om o Public Housing Resident: NAME OF PUBLIC HOUSING SIIE ADDRESS OF PUBLIC HOUSING SIÏE 2.n I om o low-income resident of the metropoliton oreo ond: 20I7 INCOME LIMITS My household Size is: My household's gross onnuql income ÍÍom qll sources is: n I $50.500 or less n 2 $57.700 or less n 3 5ó4.900 or less n4 $722,1OO or less ! 5 $77,900 or less n 6 $83,ó50 or less n -7 S89,450 or less n I S95,200 or less According to Title 18, Secfion l00l of the U.S. Code, if is o felony for ony person fo knowingly ond willingly moke folse or froudulenf stotements to ony deportmenf of the United Sfofes Governmenf. l, fhe undersigned, hereby certify thot oll sfotements contoined herein, ore frue ond correct fo fhe besf of my knowledge ond belief, I undersfond fhe informotion I provide in fhis certificotion is subject to verificofion, ond I ogree to provide necessory documenfofion if requested. Under the penolty of perjury, I ceúify thot the obove informotion is true ond cortect. EMPLOYEE SIGNATURE DATE To be Completed by Employer: The obove-nomed person wos hired previous to this certificotion on: The obove-nomed person is o new hire os of: The obove-nomed person's job title is: Compony Nome: Employer Nome/Signofure: ---PAGE BREAK--- Section 3 Resident Certificotion Employee Residing in Son Bernordino Counly / Riverside County Submif with Bid if Box I is checked on Section 3 Buslness Certificofion or for New Hires NAME ADDRESS I hereby certify thql I om o Section 3 resident; bosed on the following quolificotion(s) l. ! I om o Public Housing Resident: NAN/E OF PUBLIC HOUSING SI1E ADDRESS OF PUBLIC HOUSING SIIE 2 I om o low-income resident of the metropoliton oreo ond: 20IT INCOME LIMITS My household Size is: My household's gross onnuol income from oll sources is: nr 550,500 or less n 2 S57,700 or less u 3 Só4,900 or less n 4 S722,IOO or less n 5 577,900 or less u 6 S83.ó50 or less ! 7 S89,450 or less u I 595.200 or less According fo Tifle I B, Secfion l00l of the U.S. Code, if is o felony for ony person to knowingly ond willingly moke folse or froudulenf sfotemenfs fo ony deportmenf of the United Sfofes Government. l, fhe undersigned, hereby cerfify thof all sfofements contoined herein, ore true ond correct fo the best of my knowledge ond belief. I understond the informotion I provide in fhis certificofion is subjecf to verificofion, ond I ogree to provide necessorY documentotion if requested. Under lhe penolty of periury, I certify thqt the obove infotmolion is true ond conect. EMPLOYEE SIGNATURE DAÏE To be Completed by Emplover: The obove-nomed person wos hired previous to this certificotion on: The obove-nomed person is o new hire os of: The obove-nomed person's job title is: Compony Nome Employer Nome/Signoture: ---PAGE BREAK--- Notice of Seclion 3 Commilment Submit with Bid, Posf of Jobsite, Forward to Lobor Unions TO (NAME OF LABOR UNION, WORKEM REPRESENTATIVE, ETC.) (ADDRESS) NAME OF BUSINESS/CONTRACTOR PROJECT NAME PROJEC-T NUN/BER The undersigned currently holds o controct involving federol housing ond community development ossistonce from the U,S, Deportment of Housing ond Urbon Development, or hos o subcontroct with o prime controctor holding such controct. You ore odvised thot under the provisions of the obove controct or subcontroct ond in occordonce with Section 3 of the Housing ond Urbon Development Act of l9ó8, the undersigned is obligoted to the greotest extent feosible, to give opportunities for employment ond troining to lower income residence of the project oreo ond to oword controcts for work on the project to business concerns which ore locoted in or ore owned in substontiol port by project oreo residence, Regording current employment opportunities for Section 3, the minimum number ond job titles ore: Minimum Number Job Regording job referrols, request thot considerotion be given to the ossignment of persons residing in the service oreo or neighborhood in which the project is locoted, The onticipoted dote the work will begin is For odditionol informotion, pleose contoct: ot CONTACT PERSON'S NAME ÏITLE PHONE This notice is furnished to you pursuont to the provisions of the obove controct or subcontroct ond Section 3 of the Housing ond Urbon Development Act of l9ó8, Copies of this notice will be posted by the undersigned in conspicuous ploces ovoiloble to employees or oppliconts for employment, PRINÏ NAME SIGNATURE DATE TITLE ---PAGE BREAK--- Seclion 3 Economic Opporlunity Report lf o Secfion 3 Economic Opportunify Plon wos submitted with fhe Bid, or upon requesf, Submit with FinolCertified Poyroll Reporf or on July lst, whichever occurs firsf. CONTRACIOR NAN,4E AND ADDRESS PROJECT NUMBER: DOLLAR AMOUNT OF CONTRACT: CONTRACTOR CONTACT PERSON: PHONE: (INCLUDE AREA CODE) DATE REPORT SUBMITTED: DATE(S) COVERED: CONTRACTOR'S LICENSE NUIVBER AND CLASS: FEDERAL EIN Porl l: Employment/Troining of Section 3 Residents(Minimum Gool: 30% of New Hires) Port ll: Subcontrocts Awqrded (Minimum Subcontroct Goqlis25"/" of the Prime Amounl) Job Colegory Number of New Hires Number of New Hires lhql qre Seclion 3 Residents % of Aggregole Number of Sloff Hours of New Hires lhol ore Sec.3 Residenls % of Totql Hours for Section 3 Employees ond Troinees Number of Seclion 3 Trqinees Professionols Technicions Office/Clericol Trode Trode Trode Trode Trode TOTALS: otlo OTto Number of Subconhocts oworded: Number of Seclion 3 Businesses Conkocled: Nome of Suolifíed Business Concem Conslruclion or Non-conslruclion Conlrocl Amounl s $ $ $ Totol Dollor Amount of Subcontrocts oworded to Section 3 quolified Busines Concerns: $ Dollor Amount of All Subcontrocts $ Percentoge of the totol dollor omount oworded to quolified Business Concerns: ---PAGE BREAK--- Section 3 Economic Opportunity Report Port lll: Summory of the efforls lhot were mode to generote economic opporlunities I Troined ond/or Employed - low-income individuols equol to - of the oggregote new hires, (Attoch Resident Certificotions) n Aworded o Subcontroct to _ quolified Business Concerns equol to - of the controct omount, (Attoch Business Certificotions) n Attempted to recruit low-income individuols through: ! Advertised through locol medio, television. rodio, newspoper (Attoch copy of (odvertisement) ! S¡gns prominently disployed ot the project site n Contocts with community orgonizotions n Contocted monogement to notify residents ond posted or distributed flyers ot public housing outhority (Attoch list) n Porticipoted in o HUD progrom or other progrom which promotes the troining or employment of low-income individuols n Porticipoted in o HUD progrom or other progrom which promotes the oword of controcts to Section 3 Quolified Business Concerns ! Contocted ogencies odministering HUD Youth-Build progroms, (Attoch list) n Mointoined o file of eligible quolified low-income Residents ond quolified Business Concerns for future employment. OTHER: (Describe ond ottoch supporting documentotion) According fo Tifle 18, Secfion l00l of the U,S, Code, if is o felony for ony person fo knowingly ond willingly moke folse or froudulenf stotemenfs fo ony deporfment of fhe Unifed Sfofes Governmenf. l, fhe undersigned, hereby certify fhot oll sfofements contoined herein, ore frue ond correct to fhe best of my knowledge ond belief. Under the penolty of perjury, I certify thqt the obove informolion is lrue ond correct SIGNAÍURE DAIE TIt-E PHONE ---PAGE BREAK--- s PALMDALE a þlace to call hofie Appendix B Section 3 Pre-Bid Meeting Checklist ---PAGE BREAK--- SECTION 3 PRE N HECKTI Proiect Name: Project Number: Place: Date: Time of Conference This short presentation is intended to familiarize you with the federal requirements applicable to this contract because it is funded in whole or in part with Community Development Block Grant funds through the City of palrndale. Please be sure to ask me any questions you may have about these requirements before you leave today's meeting. CONTRACTOR ELIGIBf LITY l-l All contractors' license stalus will be verified by the City of Palmdale with the Contractors State License Board. f fne City of Palmdale will verify that all contractors have appropriate Workers Compensation lnsurance. FEDERAL WAGE - n n NOT APPLICABLE TO THIS PROJECT f This is a federally assisted construction contract, The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. ln the event of a conflict between Federal and State wages rates, the higher of the two will prevail. I The Federal Labor Standards Provisions,"HUD-4010form," included in the Bid Document as a part of the prime * contract, details the federal prevailing wage requirements applicable to this contract. ! The applicable Federal wage decision will lock-in 1O-calendar days prior to the physical bid opening date. ñ The hourly rate to be paid to each worker, as listed in the wage decision, may be higher than wages paid for private work. n The hourly Fringe Benefit rate listed in the wage decision must be added to and paid as part of the workers hourly rate, or pãia into an approved plan, as documented on the "Fringe Benefit Sfafernenf'form, f The wage decision and notices must be posted at the job site in a place that is accessible to all employees. I f¡e 'pibl¡c Works Payrotl Report" 'form (WH-347 form or similar format) must be submitted on a weekly-basis. I R'Sfate ment of Compliance" form (WH-34Bform or similar format) must be attached to each payroll report. ñ nt work classifications used in lhe"Weekty Certified PayrollReport'(CPR) must be listed in the wage decision. I Classifications and rates used, but not listed in the wage decision must be approved in advance by HUD, [ "OfUf R' deductions must be "Authorized" by the employee. A copy of this documentation must be attached to the first CPR where an "OTHER" deduction appears for an employee. EQUAL EMPLOYMENT OPPORTUNITY ! Contracto(s) [$10,000 or more] must implemenl ihe requirem_ents outlined in the "EEO Clause" of your contract. fr Notitication wiil be made by the City of Palmdale to the DOL Office of Federal Contract Compliance Programs of all contracts and subcontracts of $10,000 or more. SECTION 3 EMPLOYMENT, CONTRACTING, AND TRAINING OPPORTUNITY PROGRAM I A bid preference is available for contractors that are responsive to Section 3 as outlined in the Bid Document in * the seclion containing the Section 3 documents. "section 3 Responsive" contractors have (or plan to) make a good-faith effort to employ low-income residents. n Ío receive the Section 3 bid preference, submitted bids must submit the Section 3 Business Certification and the following support documentation (depending on the level of preference for which your business qualifies): * First preference wíll be given to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern (item #1 on the Business Certification). * Second preference will be given to a bidder who provides a reasonable bid and commits to achieving the Section]goals by submitting a written commitment in the form of the Section 3 Economic Opportunity Plan (to become a Section 3 Business). ! The contract award will be made according to the City of Palmdale's Section 3 Plan, as outlined on the Section - g Bid Preference Evaluation and Contract Award Criteria sheet included in the bid document. tr Upon completion of the contract, the successful bidder will be required to provide the Section 3 Economic - Opportunity Report, a document listing all efforts made to create contracting, employment and training opportunities for low-income residents in connection with this project. This form is also included in the bid document; however, it is to be submitted with your final Certified Payroll Report on this project. The City of Palmdale will actively monitor this project for compliance with the aforementioned requirements, Project Manager Date ---PAGE BREAK--- s PALMDALE a place to cøll home Appendix C Section 3 B¡d Evaluation Memorandum ---PAGE BREAK--- TO: Consolidated Plan Coordinator, Economic Development Dept. - Housing Division Date SEGT¡ON 3 BID EVALUATION MEMORANDUM Awardíng AgencY: Project Name: City of Palmdale Project Manager: Project Number: Bid Openíng Date: REASONABLENESS OF BID nes on the back of this form for lhe Zone of First preference will be given to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern. Second preference will be given to a bidder who provides a reasonable bid and commits to achieving the Section 3 employment, trainìng and subcontracting opportunity goals by submitting a written commitment (Economic Opportunity Plan). RECOMMENDATION FOR SEGTION 3 CONTRACT AWARD (Print Name of Contracting The Lowest Bid # the Lesser of o/o of Low Bid -or PLUS ç Maximum Acceptable Section 3 Reasonable Bid EQUAL # Section 3 Responsive Yes No Bid Amount (List Low Bid First) (Docurnents Provlded to demonstfate responslveness to Seot¡Õn 3 Contracting, Employment and Tralning Goals) NAME OF BIDDER f-lQualif¡ed Sect¡on 3 tsusiness Concern, Ü51% owned by Section 3 person(s), or ISection 3 Economic Opportunity Plan n Section 3 Business Certification form(s) -%[Subcontracts f-l Section 3 Resident Certificatiorr form(s) * %[Employees, or f]New Hìres f üQualified Section 3 Business Concern, ü51% owned by Section 3 person(s), or flSection 3 Economic Opportunity Plan Section 3 Business Certlf¡cation form(s) -%[Subcontracts I Section 3 Resident Certification form(s) -70[Employees, or f]New Hires # # flQualified Section 3 Business Concern, n51% owned by Section 3 person(s), or flSection 3 Economic Opportunity Plan I Section 3 Business Certification form(s) -%ÜSubcontracts I Section 3 Resldent Certlfication form(s) -.-_-%[Employees, or INew Hires Í nQual¡fied Sectlon 3 Business Çoncern, ü51% ownecr by secl¡on 3 person(s), or flSection 3 Economic Opportunity Plan I Section 3 Business Certification form(s) **.--%[Subcorrtracts I Section 3 Resident Certification form(s) --%f]Êmployees, or !New Hires " Zo ne of C o nside ratÍon" a con No bidders were able to meet Section 3 responsive and reasonable bidding requirements. Therefore, the construction contract will be awarded to the lowest bìdder who has provided a reasonable bid in accordance with the awarding agency's policy and procedures. (Signature Contracting ---PAGE BREAK--- A Section 3 Responsive bidder is a bidder that submits a Section 3 Êusiness Certification form with the bid' and 1. Qualifies as a Section 3 Business concern because the business .ls S'lol" owned by low-income residonts, or .30% or more of its permanent full-time employees are low'income residents, and .Provides the Secfion 3 Resident Ceñification form(s) for each qualified employee. .oR- 2. Makes a WrittSn SS[rn{rngd by submitting a Section 3 Economic Opportunity Plan with their bid indicating th'dt the bidder will: .Hire at least 30% aggregate new-hires that are qualified low-income residents, and .Provide the Secfion 3 Resldenf Certificatian form(s) for each Section 3 new-hire, or .Subcontract 25o/o oî more of the bid amount to qualified Section 3 Business Concern(s), and .Ensure that the Business Concern(s) provlde Secfion 3 ResrUenf Certification form(s) for each qualified employee. NOTE: lf the contract is awarded based upon the written commitment, the contractor will be responsible to document all efforts made to recruit Section 3 resident new-hires. Additionally, the recipient of a Section 3 contract who commits to the Section 3 goal is required to submit a Secfion 3 Summary Rêport by July 1 and/or with their final Certified Payroll Report submission. First preference will be given to a bidder who provides a reasonable bid and is a qualifìed Section 3 Business Concern. Second preference will be given to a bidder who provides a reasonable bid and commits to achievìng the Section 3 employment, training and subcontracting opportunity goals by submitting a written commitment (Economic Opporfunity Plan). A Section 3 Non-responsive bidder is a bidder that: Þ Fails to provide a Secfion 3 Busrness Certification form documenting Section 3 qualifications with a bid response, or Þ Fails to provide a Secflon 3 Busrness Cerlification form and an Economic Opportunity Plan with a bid response. However, if the lowest bid of a qualified Section 3 Responsive Bidder is not reasonable (not within the Zone of Consideration), as defined below, the construction contract shall be awarded to the lowest bld from any responsive and responsible bidder. A REASONABLE bld is a bid that is not more then the value of higher than the LOWEST BlD. 4. The actual dollar amount of bid received from any responsible bidder, PLUS 5. The FACTOR, which is the lesser of; a. The dollar amount of the required percentage listed on the chart below of the Bid submitted, or b. The actual dollar amount listed on the chart below. 6. Equalthe MAXIMUM ACCEPTABLE BlD. Zone of Consíderation lf the Lowest Bid is At Least But Less Than $100,000 N/A 1Oo/o $9,000 $100,000 $200,000 go/o $16,000 $200,000 $300,000 BYo $21,000 $300,000 $400,000 7o/o $24,000 $400,000 $500,000 60/0 $25,000 $500,000 $1,000,000 5o/o $40,000 $1,000,000 $2,000,000 4o/o $60,000 $2,000,000 $4,000,000 3Yo $80,000 $4,000,000 $7,000,000 2o/o $105,000 $7,000,000 1.5% ---PAGE BREAK--- - s PALMDALE d placø to call home Projecr r,n"å::::ii ? Fire checkrist ---PAGE BREAK--- P 3 FItE CH s Ploject Name. Project Number: ITEM YES NO COMMENTS The Section 3 Bid PacKage was incorporated into the bid document. re- ng was to conducted on inlorm prospective bidders of Section 3 requirements. the T A Section 3 Bid Evaluation Memorandum was comPfeted on and submitted to the Consolidated Plan Coordinator on ZlThe contractor submitted a Section 3 Business Certification. 5. The contractor subm¡tted all relevant supporting documentation as required on the Section 3 Business Certification. CO ng rehabilitation, housing construction, or other public construction was awarded on subcontractors over $100,000 posted their Notices of Section 3 Commitment at City Hall, WorkSource, and the Jobsite, Date Postings verified: subcontractors over $100,000 submitted the Contractor's Section 3 Economic Opportunity Report with their final Certified Payroll Report (prior to the issuance of the Notice of Completion or CitY Council copy Economic OpportunitY RePort was fonryarded to the Consolidated Plan Coordinator within 10 daYs. 10. Were any Section 3 complaints received from residents or businesses? PRJOECT COMPLETION / CERTIFICATION: The City of Palmdale has actively monitored this project for compliance with the applicable Section 3 requirements Project Manager Date A copy of thís completed checklist must be submitted to the Consolidated Plan Coordinator within 10 days of proiect completion.