Project Management and Development Services · Request for Qualifications: Project Management and...

Request for Qualifications

Project Management and Development Services

Project Management and Development Services needed to man-age the build-out of an existing vacant 260,000-square-foot building at Hunters Point Shipyard

San Francisco Redevelopment Agency

1 South Van Ness Avenue, Fifth Floor

San Francisco, CA 94103

Contact: Thor Kaslofsky (415) 749-2464

Issued: April 9, 2010

Request for Qualifications: Project Management and Development Services Building 813 – Hunters Point Shipyard

RFP/RFQ 3-24-09 version

Table of Contents

1. Introduction ......................................................................................................................................... 1

2. Hunters Point Shipyard ...................................................................................................................... 2

3. Basic Building Information ................................................................................................................ 3

4. Development Concept ........................................................................................................................ 4

5. Development Objectives .................................................................................................................... 4

6. Scope of Services Requested ............................................................................................................ 5

7. Possible Additional Services Needed in Future Phase(s) .............................................................. 8

8. Submission Process ............................................................................................................................ 9

9. Submission Requirements ............................................................................................................... 10

10. Evaluation Criteria and Selection Process ..................................................................................... 14

11. Compliance with Agency Policies ................................................................................................... 15

12. Additional Terms and Conditions ................................................................................................... 19

13. Attachments ...................................................................................................................................... 20

Request for Qualifications: Project Management and Development Services Page 1 Building 813 – Hunters Point Shipyard

RFP/RFQ 3-24-09 version

1. Introduction

The Redevelopment Agency of the City and County of San Francisco (the “Agency”), in

partnership with the City and County of San Francisco’s Office of Economic and Workforce

Development (together, the “City Team”), seeks a Project Management Team to manage the

phased build-out of an existing vacant 260,000-square-foot building situated within a planned

clean technology corridor at Hunters Point Shipyard (the “Shipyard”). The City Team is

interested in transforming the building, commonly called Building 813, into an exciting,

signature $30-$40 million commercial/research and development (“R&D”) project focused on

the clean technology sector, including an incubator for clean technology start-ups and the

United Nations Global Compact Sustainability Center.

The first phase of development, which is the subject of this Request for Qualifications (“RFQ”),

is (1) predevelopment analyses and (2) initial rehabilitation work using a portion of an existing

$7.25 million in federal grants, at a minimum. A later phase or phases will complete the full

rehabilitation, financing, and tenanting of the building. The project management and

development services requested under this RFQ include:

overall project management,

market analysis and financial feasibility analysis,

cost estimating and construction management/administration,

financing and fundraising assistance,

architectural/engineering services,

marketing and branding services, and

leasing/tenanting/operational assistance.

The Project Management Team must have expertise in the areas mentioned above. Qualified

Project Management Teams must have extensive experience managing the rehabilitation of

large commercial buildings and assembling and securing creative and innovative financing

packages. Experience overseeing the marketing, tenanting and operation of large commercial

Request for Qualifications: Project Management and Development Services Page 2 Building 813 – Hunters Point Shipyard RFP/RFQ 3-24-09 version

buildings, familiarity with and contacts within the national business incubator field, and

experience with military base conversion projects are highly desired, but not required.

The City Team envisions entering into one Personal Services Contract (“PSC”) with the selected

Project Management Team for the scope of services described in this RFQ. The following briefly

describes the approval schedule:

Request for Qualifications Issued April 9, 2010; 9:00 am

Presubmittal Meeting (at the Shipyard) April 22, 2010; 10:00 am

Last Day to Request Additional Information May 3, 2010; 4:00 pm

Submittals Due May 24, 2010; 4:00 pm

Interviews June 7, 2010 (TENTATIVE)

Agency Commission Consideration TBD

2. Hunters Point Shipyard

The Shipyard is located in San Francisco, on a prominent peninsula along the City’s

southeastern waterfront between the Mission Bay biotechnology hub and San Francisco

International Airport. It is currently being redeveloped into a mixed-use community via a

public-private partnership between the Agency and HPS Development Co., LP (“Lennar”).

The entire community spans two redevelopment project areas for a total of about 770 acres

(see Attachment A, Shipyard/Candlestick Point Land Use and Development Plan). The Shipyard

is divided into two phases: Phase I (about 75 acres) which is currently under construction and

Phase II (about 430 acres) which will secure final development approvals in Summer of 2010.

The redevelopment of Phase II of the Shipyard is being combined with the redevelopment of

Candlestick Point. The mixed-use development program for the Candlestick Point/Hunters Point

Shipyard Phase II includes:

Housing: Combined, there will be approximately 10,500 residential housing units,

including a mix of rental and for-sale units, both affordable and market-rate.

Commercial Space: On the Shipyard, there will be about 2.5 million square feet of

clean technology office/R&D uses (including Building 813) creating a new waterfront

technology hub in San Francisco. On Candlestick Point, there will be an additional

150,000 square feet of commercial space, as well as a 220-room hotel.


Open space: Combined, there will be more than 300 acres of new and restored

open space and active recreation areas, including neighborhood parks, waterfront

parks, and a major renovation of the Candlestick Point State Recreation Area.

Retail Space: There will be approximately 755,000 square feet of regional and

neighborhood-serving retail on Candlestick Point, and approximately 125,000 square

feet of neighborhood-serving retail on the Shipyard, centered around an ”Arts and

Cultural District.”

3. Basic Building Information

Building 813 is currently a vacant 260,000-square-foot, four-story reinforced concrete

warehouse built in 1948 (see Attachment B, Photographs of Building 813). It is located along

Crisp Road at the west entrance to the Shipyard. It functioned as a supply storehouse for the

U.S. Department of the Navy (the “Navy”) until the base closed in 1974. While the building is in

need of significant renovation in order to prepare it for tenant occupancy, the existing structure

has tremendous value that would be too costly to duplicate today: large floor plates

(approximately 65,200 square feet per floor); broad spans of unobstructed space; generous

ceiling heights (approximately 14 feet of clearance); large industrial-style windows; and the

ability to carry heavy floor loads (1,000 pounds per square foot on the first floor and 100

pounds per square foot on all other floors). The following summarizes some other basic

building information:

Utilities. Building 813 is currently not served by utilities. The initial rehabilitation may

include establishing temporary utility systems until the building can be hooked up to the

main permanent utility trunk line, to be built by Lennar. This trunk line is expected to

be in place by 2013. Temporary utility systems may include interim water connections

to adjacent buildings, interim overhead power lines, propane tanks, satellite

telecommunication service, and wastewater pumping.

Seismic Safety. A full seismic upgrade will likely be required. The building was designed

to hold heavy loading, but currently has no seismic resisting elements. Recommended

seismic safety improvements, which will be included in the scope of the initial

rehabilitation work, include interior shear walls and foundation work (see Attachment C,

Building 813 Final Report by Levy Design Partners).


Ownership. Currently, the Navy owns Building 813 and expects to transfer ownership of

the building to the Agency in mid 2011. However, extensive pre-development work can

proceed now while the building remains under Navy ownership in order to meet federal

grant deadlines.

4. Development Concept

While the specific development program has yet to be determined, the City Team envisions an

innovative signature project that anchors and jump-starts the clean technology commercial/R&D

cluster taking shape at the Shipyard. The concept includes (1) clean technology

commercial/R&D space, (2) business incubator(s) focusing on early-stage companies in clean

technology industries and possibly food preparation, (3) artists’ studios, and (4) space for the

United Nations Global Compact (“U.N.G.C.”) Sustainability Center. Although the details of the

tenancy are still being determined, U.N.G.C. officials have committed to locating office space

and a conference center in Building 813 to facilitate the exchange of sustainability best

practices and other innovations related to combating global warming. The overall concept is to

transform Building 813 into one of the centerpieces of a planned innovation cluster that calls for

a major employer and/or institution and other companies on the cutting edge of clean

technology and energy efficiency. A successfully rehabilitated and active Building 813 will be

essential to establishing an early identity for this innovation cluster and will help to attract like

businesses and institutions to the Shipyard.

5. Development Objectives

Underlying the scope of services requested in this RFQ are certain over-arching objectives.

These objectives, which will guide the City Team in its selection of the Project Management

Team, include the following:

Sustainability Goals

Building 813 should strive to be a showplace for sustainable building systems that

increase energy and water efficiency; increase use of clean renewable energy; increase

use of recycled and locally-sourced materials; reduce storm water runoff; reduce

demolition and construction-induced pollution; reduce waste material generation;

improve indoor air quality and the health of occupants; and reduce building operating


costs through increased operating and maintenance efficiencies. Building 813 should

exemplify the highest commitment to sustainable construction and design.

Building 813 should strive to incorporate as many sustainable elements, building

systems, and materials as possible (i.e., electricity, water, wastewater, HVAC, building

materials, tenant improvements, etc.).

Economic Development Goals

Building 813 should expedite the growth and success of job-creating companies in

innovation industries. It should accommodate and facilitate the creation and expansion

of companies at various stages of their growth lifecycles, developing a ready source of

potential tenants for the Shipyard's commercial space.

Building 813 should anchor the larger innovation cluster on the Shipyard, acting as a

magnet for companies in innovation industries to locate on the Shipyard.

Building 813 should strive to produce as many jobs as possible for residents who live in

the surrounding Bayview Hunters Point community.

Financial Goals

Building 813 should be financially self-sufficient, meaning that it will not require ongoing

operating subsidies from the Agency or the City.

Building 813 should be redeveloped without burdening the building with a large debt

obligation that will require a high ongoing debt service payment. It is important to note

that any debt obligation would be in second priority, behind a first priority

unsubordinated lien that the EDA will place on Building 813 to restrict its use to

economic development purposes.

6. Scope of Services Requested

As mentioned, this RFQ focuses on the first phase of development, which centers around (i)

predevelopment analyses and (ii) initial rehabilitation work using available funds. The Agency

currently has a $7.25 million grant from the U.S. Department of Commerce Economic

Development Administration (“EDA”) for predevelopment and rehabilitation work for Building


813. Of this amount, $3.25 million must be spent by August 15, 2011, and the balance must be

spent by August 15, 2012. The City Team is currently engaged in securing additional public and

private financing, and expects the Project Management Team to also assist in this effort. The

following summarizes the scope of services requested under this RFQ:

a. Predevelopment Analyses

The Project Management Team shall conduct certain predevelopment analyses to

determine the market viability, financial feasibility and preliminary implementation

strategy for the City Team’s development concept for Building 813. These requested

predevelopment analyses include:

(1) Market Study. A thorough assessment of supply and demand trends in the clean

technology commercial/R&D market shall be undertaken to determine the market

viability of the development concept. Particular emphasis shall be placed on

analyzing the market viability of one or more business incubators focusing on

clean technology startups and possibly food preparation. This task will also

involve refining the parameters for the tenancy of the U.N.G.C. Sustainability

Center.

(2) Financial Feasibility Study. Based on the results of the market study, a financial

feasibility study shall be conducted to determine whether the development

concept is financially viable, given the recommended mix of uses, projected rent

levels, and estimated development and operating costs. Development cost

estimates shall be informed by schematic-level construction documents.

At a minimum, two development scenarios shall be explored: (i) a scenario in

which the entire building is improved to a cold shell condition, and (ii) a scenario

in which only the first floor is improved to a cold shell condition and the rest of

the building is merely stabilized.

At this stage, the City Team would expect from the Project Management Team (i) a

recommended development program and phasing strategy, (ii) project proformas for

both scenarios, and (iii) operating proformas for both scenarios. The Project

Management Team shall then develop:


(3) A recommended financing strategy. This work includes developing a creative

financing strategy and investigating possible funding sources, such as

government grants, new market tax credits, philanthropic funding, private

investment, and other funding sources.

(4) A recommended marketing/branding strategy. This work includes formulating a

plan for branding the building and positioning it in the market, and developing

marketing collateral and an overall marketing strategy. This work may also

include developing initial marketing materials (i.e., brochures, website).

(5) A recommended tenanting/lease-up/operations strategy. This work will include

formulating a plan for the full lease-up of the building, including a tenanting

plan, a lease-up schedule, and an operations plan.

After the predevelopment analyses are complete, the City Team will present the Project

Management Team’s findings and conclusions to the Agency Commission and

recommend a development program and overall implementation strategy for approval.

In the meantime, however, the City Team will proceed with initial rehabilitation work on

Building 813 with the existing available EDA funds.

b. Initial Rehabilitation Work

The Project Management Team shall manage all aspects of the construction process

related to the initial rehabilitation work funded with available funds, which would include

a portion of the $7.25 million in EDA funds and possibly other public and private funds

raised by the City Team. The development services needed are:

(1) Develop a scope of work to use available funding. Depending on available funds,

the initial rehabilitation work may include replacing the roof, completing seismic

upgrades, replacing and/or securing windows, conducting environmental abate-

ment, possible installation of temporary utility systems, and other tenant-neutral

work.

Background and feasibility assessments for the building can be found in the

Building 813 Final Report by Levy Design Partners (“Levy Design”), which is


included as Attachment C. Levy Design prepared a scope of work and cost

estimate for rehabilitating the entire building for tenant occupancy, as well as a

reduced scope and cost estimate that uses the EDA funds to (i) seismically

retrofit and replace the roof the building, and (ii) prepare only the ground floor

for tenant occupancy.

(2) Produce preliminary and final construction documents. The Project Management

Team will oversee the production of preliminary and final construction

documents, for the scope of work determined in the task above, in compliance

with EDA and Agency guidelines.

(3) Oversee the hiring of a general contractor and perform construction

management/administration services. Due to federal procurement requirements,

the Agency as grantee would have to openly and competitively solicit and

procure the general contractor and enter into the construction contract. The

Project Management Team will provide construction management/administration

services, including overseeing the development of the bid packet, providing bid

phase support, permit processing, verification of testing and inspections,

responding to requests for information, and processing payments. Any

solicitation for a general contractor will need to follow EDA and Agency

procurement policies. All construction contracts need to be competitive, fixed-

cost, and low-bid contracts.

7. Possible Additional Services Needed in Future Phase(s)

Depending on (i) the direction provided by the Agency’s Commission, (ii) the available

financing, and (iii) the results of the predevelopment analyses in the first phase, the City Team

may require additional project management and development services, including but not limited

to:

Implement the recommended development program (i.e., develop a scope of work,

manage the production of construction documents, oversee the hiring of the general

contractor, provide construction management/administration services, etc.).

Implement the recommended financing strategy (i.e., develop partnerships, conduct

outreach and fundraising activities, secure additional financing, etc.)


Implement the recommended marketing/branding strategy (i.e., develop marketing ma-

terials, conduct a nationwide marketing and branding campaign, etc.)

Implement the recommended tenanting/lease-up/operating strategy (i.e., find tenants,

manage the lease-up process, set up an operating structure, etc.)

8. Submission Process

a. Registration

Although it is not necessary to register to receive a copy of the RFQ or to make a

submittal, it is strongly recommended that all respondents complete and submit the RFQ

Registration Form (Attachment D) to the Agency. Only registered RFQ-holders will

receive responses to all written questions, addendums and any additional information

distributed prior to the submission deadline.

b. Pre-Submission Meeting

A pre-submission meeting will be held at the Shipyard in Building #101’s auditorium, at

10:00 AM on April 22, 2010. A very limited tour of Building 813 will occur at this

meeting. The purpose of the meeting is to ensure that interested parties understand all

of the elements of this RFQ. Although attendance is not mandatory, it is highly

recommended.

c. Questions/Requests for Additional Information

All questions and requests for additional information regarding this RFQ must be

received in writing by the Agency to the attention of:

Thor Kaslofsky


1 South Van Ness Avenue, Fifth Floor, San Francisco, CA 94103

by fax to (415) 749-2585 or e-mail to [email protected]

on or before 4:00 p.m. on May 3, 2010.

All addendums, responses and additional information will be distributed to registered

RFQ-holders. The Agency reserves the sole right to determine the timing and content of

the response, if any, to all questions and requests for additional information.


d. Submission Deadline

An original and 7 copies of the submittals must be received by 4:00 p.m. on May 24,

2010. Deliver all proposals marked:

BUILDING 813 RFQ SUBMITTAL

Attention: Thor Kaslofsky


1 South Van Ness Avenue, Fifth Floor, San Francisco, CA 94103

Hand delivery is advised. Late, emailed, or faxed submittals will not be considered.

9. Submission Requirements

The City Team desires succinct submittals addressing the specific information requested in this

RFQ. In order to ensure that each submittal is reviewed and evaluated properly, it is important

that each submittal follow the format below. Submittals shall address all the requirements in

this RFQ, and be organized in the order presented below, have tabs keyed to the requirements

outlined in this Section, and include a table of contents.

a. Transmittal Letter

Please submit a transmittal letter, which includes the following information:

Name of lead company and services offered;

Name and relationship of all firms included on the Project Management Team (e.g.,

project manager, real estate economist, architect, construction manager, etc.);

Name, title, address, telephone number, fax number, and email address of the

person authorized to negotiate on behalf of and bind the Project Management

Team; and


Brief summary of the Project Management Team’s qualifications to undertake and

complete the project management and development services requested.

In addition, please note that the EDA requires that positive efforts be made to utilize

small business enterprises (“SBEs”), minority-owned business enterprises (“MBEs”), and

woman-owned business enterprises (“WBEs”), whenever possible (see Section 11.A of

this RFQ). Toward that end, joint venturing or teaming with SBEs, MBEs and WBEs is

strongly encouraged. If a joint venture or team is formed with SBEs/MBEs/WBEs, the

transmittal letter should also include the basic terms of the team arrangement/joint

venture and should be signed by all parties.

b. Project Management Team Summary

Please provide the following summary information for all firms included on the Project

Management Team:

Name of company and legal structure;

Description of each company’s core activities;

Number of years each company has been in business;

Brief summary of prior working relationships; and

Resumes for key individuals in each firm who would most likely be working on this

project, as well as their title/position, likely role in the project, telephone number,

facsimile number and email address

c. Description of Relevant Experience

To demonstrate your team’s ability to undertake the project management and

development services requested in this RFQ, please provide the following information

from the relevant Project Management Team member:

(1) Overall project management. Please provide narrative descriptions of three

recent commercial projects (within the last 10 years) in which you have been

responsible for managing the entire development process, from the predevelopment


phase through construction to lease-up and operations. Adaptive reuse projects

with commercial/R&D uses and/or military base conversion projects are preferred.

(2) Market analysis and financial feasibility analysis. Please provide narrative

descriptions of three recent projects (within the last 10 years) in which you have

analyzed the market and financial feasibility of large adaptive reuse projects focused

on commercial/R&D uses. Please briefly describe your methodology for these

analyses. Analytical work focused on the clean technology sector and business

incubators is preferred.

(3) Cost estimating and construction management. Please provide narrative

descriptions, photos, and budgets for three recent commercial projects (within the

last 10 years) in which you have estimated the construction costs and managed the

construction process from start to finish. Please indicate whether the project was

completed on time and within budget.

(4) Financing and fundraising assistance. Please describe your financing expertise

and give three examples (within the last 10 years) of difficult-to-finance commercial

projects in which you were able to develop an innovative financing package and

secure full project financing.

(5) Architectural/engineering services. Please provide narrative descriptions and

photos of three recently built commercial projects (within the last 10 years) for

which you provided architectural/engineering services. Adaptive reuse projects that

involve environmental design elements and sustainable building techniques are

preferred.

(6) Marketing and branding services. Please provide narrative descriptions of three

recent commercial projects (within the last 10 years) for which you developed and

managed the marketing campaign. Please describe your marketing strategy, how

you repositioned the project, and branding efforts. Please also provide samples of

marketing collateral.


(7) Leasing/tenanting/operational assistance. Please provide narrative

descriptions of three recent commercial projects (within the last 10 years) for which

you handled the lease-up and operations phase. Please describe how you went

about targeting and securing tenants, negotiating leases, and delivering the project

to full occupancy and financial profitability.

d. Fee Proposal

Please provide an estimate of the fees required by each member of the Project

Management Team to undertake the scope of services requested under Section 6 of this

RFQ. The Agency cannot enter into a time-and-materials contract, so total estimated

fees must be provided. Please breakdown the fee proposal into the tasks outlined in

Section 6 of this RFQ, and indicate which team member will be handling the work and

earning the fees. As detailed in Section 10 below, the fee proposal is only one of

several criteria that will be used to evaluate submittals.

e. References

Please provide three (3) references from people who could attest to your team’s overall

experience and ability to undertake the project management and development services

requested in this RFQ. Public sector references are preferred.

f. Statement of Compliance with Agency Policies

Each member of the Project Management Team must submit a signed Statement of

Compliance with Agency Policies (Attachment E) certifying its agreement to comply with

all of the Agency’s policies as summarized below in Section 11 below. Failure to

include a complete, signed statement from each Project Management Team

member will disqualify the submittal.

g. Certification of Applicant

Each member of the Project Management Team must submit a signed Certification of

Applicant (Attachment F) certifying under penalty of perjury under the laws of the State

of California that all information provided in the submission is true and correct.


h. Disclosure Questions

Each Project Management Team member shall complete and submit Attachment G,

Disclosure Questions.

i. Submittal Checklist

Each Project Management Team must submit a completed and signed Attachment H,

Submittal Checklist, certifying that all items on the checklist are contained in the

submittal. Project Management Team scores may be negatively impacted by the

submission of incomplete information.

10. Evaluation and Selection Process

a. Written Evaluation

A selection panel comprised of members of the City Team and the community will

evaluate and score the submissions using the following criteria:

Overall experience of project management team (30 points)

Ability to undertake all of the project management and development services re-

quested (30 points)

Fee proposal (20 points)

Feedback from references (10 points)

Overall quality of submittal (10 points)

During this review period, references will be contacted. A “shortlist” of the highest-

ranking firms will be established.

b. Oral Interviews

The short-listed firms will be invited to participate in the second phase of the selection

process, which includes oral interview. Prior to the interviews, the selection panel may

request more specific and detailed information, so that a more informed interview

process can be conducted.


Based on the evaluation and scores of the submittals and interviews, the selection panel,

through consensus, will recommend the most qualified Project Management Team with whom

the Agency will enter into a single PSC, at a price determined to be fair and reasonable. The

PSC will then be recommended to the Hunters Point Shipyard Citizens Advisory Committee and

the Agency Commission for approval.

11. Compliance with Agency Policies

For any questions regarding this Section please contact Roel Villacarlos, of the Agency’s

Contract Compliance Department, at (415) 749-2409.

Each member of the Project Management Team responding to this RFQ shall acknowledge

receipt and understanding of the following Agency contracting requirements and policies and

state its ability and willingness to comply with each of them by executing and submitting

Attachment E, Statement of Compliance.

a. Small Business Enterprise Program

Federal procurement guidelines apply to this Contract because federal funds from the

EDA are being used (see Attachment I, EDA Checklist for Architect/Engineer Contracts).

EDA requires that positive efforts be made to utilize small businesses, minority-owned

firms, and women’s business enterprises, whenever possible.

Respondents must demonstrate positive efforts, in accordance with EDA requirements,

to:

1. Ensure that small businesses, minority-owned businesses, and women’s business

enterprises are used to the fullest extent practicable;

2. Make information on forthcoming opportunities available and arrange time frames

for purchases and contracts to encourage and facilitate participation by small

businesses, minority-owned firms, and women’s business enterprises;

3. Consider in the contract process whether firms competing for larger contracts intend

to subcontract with small businesses, minority-owned firms, and women’s business

enterprises; and


4. Encourage contracting with consortiums of small businesses, minority-owned firms,

and women’s business enterprises when a contract is too large for one of these firms

to handle individually.

The Agency has adopted a Small Business Enterprise (“SBE”) Program that certifies

economically disadvantaged businesses and promotes SBE utilization. While the

Agency’s SBE participation goals are not applicable to this project based on EDA

guidelines, respondents should utilize the Agency’s SBE list as a key source to identify

and engage small businesses, minority-owned firms, and women’s businesses

enterprises to meet the positive efforts required by EDA.

b. Nondiscrimination in Contracts and Benefits

The Agency has established a policy prohibiting discrimination in contracting, which

includes a prohibition on discrimination in providing benefits between employees with

spouses and employees with domestic partners.

Each member of the Project Management Team selected by the Redevelopment

Commission shall complete Attachment J, Nondiscrimination in Contracts and Benefits.

c. Minimum Compensation Policy

The Agency has adopted a Minimum Compensation Policy for all contracts that requires

the payment of a minimum level of compensation to employees. Each member of the

Project Management Team selected by the Redevelopment Commission shall complete

Attachment K, Minimum Compensation Policy.

d. Health Care Accountability Policy

The Health Care Accountability Policy (“HCAP”) requires that firms offer certain health

plan benefits to their employees or participate in a health benefits program developed

by the City’s Department of Public Health, or make a payment in lieu of such benefits to

the City’s Department of Public Health. Each member of the Project Management Team

selected by the Redevelopment Commission shall complete Attachment L, Health Care

Accountability Policy.


e. Prevailing Wage Policy

Each member of the Project Management Team selected by the Redevelopment

Commission must comply with the Agency’s Prevailing Wage Policy (see Attachment M)

or the Federal Davis Bacon Wage Rate, whichever is higher.

f. Duty of Loyalty

Each member of the Project Management Team must agree to abide by the Agency’s

duty of loyalty, which appears at Section IX.H (Prohibited Activities of Present and

Former Employees, Commissioners and Consultants) of the Agency’s Personnel Policy

and which states in part the following: “Unless approved in advance in writing by the

Agency, no present or former employee, Commissioner or consultant of the Agency shall

knowingly act for anyone other than the Agency in connection with any particular matter

in which the Agency is a party, or has a direct and substantial interest, and in which he

or she participated personally and substantially as an Agency employee, Commissioner

or consultant whether through decisions, recommendations, advice, investigation or

otherwise. Violation of this section by a present employee, consultant or Commissioner

may, in the case of an employee or consultant, be grounds for discharge or termination

of the consultant contract, and in the case of a Commissioner, be considered misconduct

in office pursuant of California Health and Safety Code Section 33115.”

g. Limitations on Contributions

Through execution of a Contract with the Agency, each member of the Project

Management Team selected by the Redevelopment Commission acknowledges that it is

familiar with section 1.126 of the San Francisco Campaign and Governmental Conduct

Code, which prohibits any person who contracts with the Agency for the rendition of

personal services, for the furnishing of any material, supplies or equipment, for the sale

or lease of any land or building, or for a grant, loan or loan guarantee, from making any

campaign contribution to (1) the Mayor or members of the Board of Supervisors, (2) a

candidate for Mayor or Board of Supervisors, or (3) a committee controlled by such

office holder or candidate, at any time from the commencement of negotiations for the

contract until the later of either the termination of negotiations for such contract or six

months after the date the contract is approved.


The Project Management Team acknowledges that the foregoing restriction applies only

if the contract or a combination or series of contracts approved by the same individual

or board in a fiscal year have a total anticipated or actual value of $50,000 or more. The

Project Management Team further acknowledges that the prohibition on contributions

applies to each prospective party to the contract; each member of the Project

Management Team’s board of directors; the Project Management Team 's chairpersons,

chief executive officers, chief financial officers and chief operating officers; any person

with an ownership interest of more than 20 percent in the Project Management Team;

any subcontractor listed in the bid or contract; and any committee that is sponsored or

controlled by the Project Management Team. Additionally, the Project Management

Team acknowledges that it must inform each of the persons described in the preceding

sentence of the prohibitions contained in section 1.126.

h. Insurance

From the time of selection, each member of the Project Management Team must

procure and maintain insurance against claims for injuries to persons or damages to

property, which may arise from or in connection with the performance of the work under

the PSC by the contractor, its agents, representatives, employees or subcontractors.

The Project Management Team must provide current certificates of insurance and

required endorsements as evidence of coverage.

Unless otherwise approved by the Agency, the selected Project Management Team must

maintain insurance with an insurance company that has an A.M. Best rating of A:VII

with the following coverages and limits:

Commercial General Liability: $1,000,000 per occurrence / $2,000,000

policy aggregate for bodily injury, personal injury and property damage.

Additional insured endorsement required.

Automobile Liability: $1,000,000 per accident for bodily injury and property

damage. Additional insured endorsement required.


Workers' Compensation and Employers Liability: Workers' Compensation as

required by the State of California and Employer's Liability with limits of

$1,000,000 for bodily injury by accident and $1,000,000 per person for bodily

injury by disease. Waiver of Subrogation required.

Professional Liability: All architects, engineers or other design professionals

must maintain insurance covering all negligent acts, errors and omissions

with limits no less than $1,000,000 per claim and in the annual aggregate.

Insurance must be maintained for at least ten (ten) years after completion of

construction.

The insurance requirements may be modified by the Agency’s Risk Manager in

his/her sole discretion. Additional types of insurance may be required by the

Agency at a later date if additional tasks are added to the PSC.

i. Indemnity

From the time of the selection, each member of the selected Project Management Team

shall defend, hold harmless and indemnify the Agency, the City and their respective

commissioners, members, officers, agents and employees of and from all claims, loss,

damage, injury, actions, causes of action and liability of every kind, nature and

description directly or indirectly arising out of or connected with the performance of the

Agency contract and any of the contractor’s operations or activities related thereto,

excluding the willful misconduct or the gross negligence of the person or entity seeking

to be defended, indemnified or held harmless.

12. Additional Terms and Conditions

a. Applicant’s Expenses

Project Management Teams responding to this RFQ do so at their own expense. The

Agency will not consider any costs related to this RFQ or negotiating the development

PSC as reimbursable.


b. Agency Right to Modify or Suspend RFQ

The Agency, through its Executive Director, reserves the right at any time and from time

to time, and for its own convenience, in its sole and absolute discretion, to modify or

suspend any and all aspects of the selection process, including, but not limited to this

RFQ, and all or any portion of the selection process in or subsequent to the RFQ; to

obtain further information from any respondent, to waive any defects as to form or

content of the RFQ or any other step in the selection process; to reject any and all

responses submitted; to reissue the RFQ; to procure the desired services by any other

means or not proceed in procuring the services; to negotiate with any, all, or none of

the respondents to this RFQ as to fees, scope of services, or any other aspect of the

RFQ or services; and to negotiate and modify any and all terms of an agreement; and to

accept or reject any respondent for entry into a PSC.

c. Claims Against The Agency

By responding to this RFQ, each member of each Project Management Team waives any

claim, liability or expense whatsoever against the Agency and its respective officers,

commissioners, employees and agents by reason of any or all of the following: any

aspect of this RFQ, the selection process or any part thereof, any abnormalities or

defects in the selection process, the failure to enter into any agreement, any

statements, representations, acts or omissions of the Agency, the exercise of any

discretion set forth or concerning any of the foregoing, and any other matters arising

out of all or any of the foregoing.

13. Attachments

Attachment A: Shipyard/Candlestick Point Land Use and Development Plan

Attachment B: Photographs of Building 813

Attachment C: Building 813 Final Report, Levy Design Partners, December 2009

Attachment D: Registration Form

Attachment E: Statement of Compliance with Agency Policies


Attachment F: Certification of Applicant

Attachment G: Disclosure Questions

Attachment H: Submittal Checklist

Attachment I: EDA Checklist for Architect/Engineer Contracts

Attachment J: Nondiscrimination in Contracts and Benefits

Attachment K: Minimum Compensation Policy Declaration

Attachment L: Health Care Accountability Policy Declaration

Attachment M: Prevailing Wage Policy

Attachment AShipyard/Candlestick Point Land Use and Development Plan

RFQ: Project Management and Development Services Attachment B Building 813 – Hunters Point Shipyard Photographs of Building 813

Page 1 of 2

Attachment B Photographs of Building 813

Building 813 in the Context of Hunters Point Shipyard/Candlestick Point

Exterior of Building 813 from Crisp Road

RFQ: Project Management and Development Services Attachment B Building 813 – Hunters Point Shipyard Photographs of Building 813

Page 2 of 2

Fourth Floor of Building 813

View from the Fourth Floor of Building 813

TKASLOFS

Text Box

TKASLOFS

Text Box

ATTACHMENT C

Appendix 5

Appendix 6

RFQ: Project Management and Development Services Attachment D Building 813 – Hunters Point Shipyard RFQ Registration Form Page 1 of 1

Attachment D Registration Form

Although it is not necessary to register to receive a copy of the RFQ or to make a submittal, it is strongly recommended that all respondents complete and submit this Registration From. Only registered RFQ-holders will receive responses to all written questions, addendums and any additional information distributed prior to the submission deadline. If all team members are not known at the time of registration, the registration form should include, at a minimum, the lead company. Please include an additional sheet, if necessary.

Company #1 (Lead Company)

Name: _________________________________________________________________

Address: ____________________________________________________________________________

____________________________________________________________________________

Contact Person: _____________________________________________________________________

Phone: ____________________________ Fax: _____________________________

E-mail: ____________________________

Company #2

Name: _________________________________________________________________

Address: ____________________________________________________________________________

____________________________________________________________________________

Contact Person: _____________________________________________________________________

Phone: ____________________________ Fax: _____________________________

E-mail: ____________________________

Company #3

Name: _________________________________________________________________

Address: ____________________________________________________________________________

____________________________________________________________________________

Contact Person: _____________________________________________________________________

Phone: ____________________________ Fax: _____________________________

E-mail: ____________________________

Company #4

Name: _________________________________________________________________

Address: ____________________________________________________________________________

____________________________________________________________________________

Contact Person: _____________________________________________________________________

Phone: ____________________________ Fax: _____________________________

E-mail: ____________________________

RFQ: Project Management and Development Services Attachment E Building 813 – Hunters Point Shipyard Statement of Compliance with Agency Policies Page 1 of 1

Attachment E Statement of Compliance with Agency Policies

Instructions: Each member of the Project Management Team must certify its agreement to comply with all of the Agency’s policies by submitting a signed Statement of Compliance.

Applicant(s) ____________________________ agree(s) to comply with all of the Agency’s

policies, including but not limited to insurance and indemnification requirements found in this

RFQ.

Date: ______________ Signed: _________________________________

RFQ: Project Management and Development Services Attachment F Building 813 – Hunters Point Shipyard Certification of Applicant Page 1 of 1

Attachment F Certification of Applicant

Instructions: Each member of the Project Management Team must certify under penalty of perjury that all information provided in the RFQ submittal is true and correct by submitting a signed Certification of Applicant.

Applicant(s) hereby certify under penalty of perjury under the laws of the State of

California that all information provided in the submission is true and correct.

Date: ______________ Signed: _________________________________

RFQ: Project Management and Development Services Attachment G Building 813 – Hunters Point Shipyard Disclosure Questions Page 1 of 2

Attachment G Disclosure Questions

Instructions: Each member of the Project Management Team must respond completely to each question listed below using the space provided. Use a separate sheet of paper, if necessary. Please state “No” or “None” when appropriate. Do not leave a question blank or state “N/A”. If the applicant1 is an individual, then the information relative to that individual should be disclosed. If the applicant is a group or joint venture, then information relative to each member of the group or entities that comprise the joint venture should be disclosed. If the applicant is a corporation, then the information relative to the corporation should be disclosed.

1. Has applicant ever defaulted on a loan or other financial obligation? This includes all affiliate corporations and partnerships in which applicant is a general partner. If so, please describe the circumstances including dates and current status.

Answer: ________________________________________________________________________

2. Are there any prior or pending legal proceedings, actions, convictions or judgments that

have been filed against applicant or its wholly owned subsidiaries, or any prior or pending arbitrations or mediations. If so, provide dates the complaints were filed and the present status of the litigation or the status of the arbitrations or mediations.

Answer: ________________________________________________________________________

3. Are there any prior or pending administrative complaint/hearing against or any debarment

or suspension of or other administrative determination by any federal, state or local government entity relating to applicant, against any of applicant’s affiliated corporations or partnerships in which applicant is a general partner, or other business entity. If so, please describe the circumstances including dates, agency or body conducting the investigation or inquiry and the current status.

Answer: ________________________________________________________________________

4. Has applicant or its wholly owned subsidiaries ever filed for bankruptcy. Please include dates

and jurisdiction of filing, the reason, and current status.

Answer: ________________________________________________________________________

1For the purposes of this RFQ, the term “applicant” shall mean and refer to the respondent to this RFQ regardless of legal form.

Thus applicant applies to individuals, sole proprietorships, joint ventures, unincorporated associations, partnerships, LLCs, LLPs, corporations (whether for profit, nonprofit, California or out of state) and any other entity legally entitled to do business in the State of California.

RFQ: Project Management and Development Services Attachment G Building 813 – Hunters Point Shipyard Disclosure Questions Page 2 of 2

5. Describe any business, property, gifts, loans, investments or other financial relationships applicant, its individual principals, corporation, LLC, LLP or any of applicant’s affiliated corporations or partnerships in which applicant is a general partner, or other business entity, with any member of the Agency Commission or his/her immediate family which are financial interest as defined by Section 87103 of the Fair Political Practices Act.2

Answer: ________________________________________________________________________

Applicant(s) hereby certify under penalty of perjury under the laws of the State of California that all information provided in the Disclosure Questionnaire is true and correct.

Signed: _________________________________ Date: ______________

RFQ: Project Management and Development Services Attachment H Building 813 – Hunters Point Shipyard Submittal Checklist Page 1 of 1

Attachment H Submittal Checklist Submittals must contain all of the following information. Each Project Management Team is solely

responsible for ensuring that all information requested in Section 9, Submission Requirements is

submitted even if it does not appear on the Checklist. Scores may be negatively impacted by the submission of incomplete information.

9. Submission Requirements

a. Transmittal Letter

Joint Venture Letter (if applicable)

b. Project Management Team Summary

c. Description of Relevant Experience

(1) Overall Project Management

(2) Market Analysis and Financial Feasibility Analysis

(3) Cost Estimating and Construction Management

(4) Financing and Fundraising Assistance

(5) Architectural and Engineering Services

(6) Marketing and Branding Services

(7) Leasing/Tenanting/Operational Assistance

d. Fee Proposal

e. References

f. Statement of Compliance with Agency Policies, Attachment E

g. Certification of Applicant, Attachment F

h. Disclosure Questions, Attachment G

i. Submittal Checklist, Attachment H

The Project Management Team hereby certifies that all items checked on this form, as well as any other information requested in Section 9 Submission Requirements, are included in the submittal.

Signature:_____________________________________ Date: ___________________________

RFQ: Project Management and Development Services Attachment I Building 813 – Hunters Point Shipyard EDA Checklist Page 1 of 5

Attachment I EDA Checklist for Architect/Engineer Contracts

The following checklist will be used by the EDA to expedite its review of the PSC, which is considered an Architect/Engineer Contract. Please review the attached to ensure that, for those items which are applicable, your firm will be in compliance with US Economic Development Administration’s contracting

requirements.

Y N The Architect/Engineer agreement provides for all services required by the Recipient for the planning, design and construction phase of the proposed project. Appropriate standards or guides developed by such professional organizations as the American Consulting Engineers Council (ACEC), American Society of Civil Engineers (ASCE), National Society of Professional Engineers (NSPE), and/or the American Institute of Architects (AIA) may be used where the Recipient does not have standard procurement documents. Y N The Architect/Engineer=s fee for basic services is either a fixed price or a cost reimbursement with an agreed maximum. (The amount of EDA participation will be based on a determination, subject to audit, that the fee compensation is reasonable). Y N The Architect/Engineer contract compensation is not based on the use of the cost-plus-a-percentage-of-cost or percentage of construction cost form of compensation. (These forms of compensation are not eligible for EDA participation). Y N The Architect/Engineer's fee covers all services necessary for the successful execution of the project, including consultations, surveys, soil investigations, supervision, travel, "as-built" or record drawings, arrow diagram (CPM/PERT) where applicable, and incidental costs. Y N The basic fee does not exceed that prevailing for comparable services in the project area. If the total fee is in excess of the prevailing rate because of special services to be performed, these services are identified in the agreement. Such additional charges may be approved for grant participation by the EDA if they:

a. Do not duplicate a charge for services provided for in the basic fee and are within the normal scope of the Architect/Engineer's responsibilities;

b. Are a proper charge against the project cost; and c. Are reasonable for the extra services to be rendered.

Y N Regardless of who furnishes the construction inspector, the agreement requires the Architect/Engineer to make sufficient visits to the project site to determine, in general, if the work is proceeding in accordance with the construction contract. Y N If the Architect/Engineer contract(s) price exceeds $100,000 (awarded under small purchase procedures), it includes a provision to the effect that the Recipient, EDA, the Comptroller General of the United States, the Inspector General of the Department of Commerce, or any of their duly authorized representatives, shall have access to any documents, books, papers, and records of the Architect/Engineer (which are directly pertinent to a specific grant program) for the purpose of making an audit, examination, excerpts, and transcriptions. The Recipient shall require the Architect/Engineer to maintain all required records for at least three years after the Recipient makes final payment and all pending matters are closed. Y N The agreement for Architect/Engineer services provides an adequate basis for the Recipient to require the Architect/Engineer to:


Y N Design the project in accordance with the intent of the Grant Award; Y N Redesign the project in the event the preliminary cost estimate, the final cost estimate, or the lowest responsive bid less deductive alternates, exceeds the funds available by an amount or percentage to be mutually agreeable to the Recipient and the Architect/Engineer; Y N Design any sewage treatment or other sewage facility so that a certificate of adequacy of treatment can be obtained; Y N Include in all contracts and subcontracts with costs in excess of $100,000 a provision, which requires compliance with all applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401 et. seq.) and the Federal Water Pollution Control Act (33 USC 1251 et. seq., as amended). (Violations shall be reported to EDA and to the regional office of the U. S. Environmental Protection Agency). Y N Include in all contracts and subcontracts in excess of the small purchase threshold of $100,000, provisions or conditions which will allow for administrative, contractual or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate; Y N Include in all contracts in excess of $10,000 suitable provisions for termination by the Recipient including the manner in which it will be affected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor; Y N Include in all contracts in excess of $10,000 a provision requiring compliance with Executive Order 11246, entitled “Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41CFR Part 60); Y N Include in all contracts in excess of $2,000 for construction or repair a provision for compliance with the Copeland "Anti-Kickback” Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. (The Recipient shall report all suspected or reported violations to EDA). Y N Include in all construction contracts in excess of $2,000 a provision for compliance with the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). Under this Act contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. A copy of the current prevailing wage determination issued by the Department of Labor must be included in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. (All suspected or reported violations shall be reported to EDA. Davis-Bacon wage determinations are not applicable to Recipient employed "Force Account" workers). Y N Include in all contracts in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5). Under Section 103 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate not less than 1-1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week.


Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions, which are unsanitary, hazardous, or dangerous to his/her health and safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Work performed by employees of the Recipient (in-house forces) on the EDA-assisted project will be subject to the following: 1. Work performed in excess of eight hours per day will be reimbursed by EDA at the normal rate of pay unless the Recipient can show that a higher rate is required by State or local law or union contract; 2. Work performed in excess of 40 hours per week may be reimbursed by EDA at a higher rate than normal if the Recipient can show that it normally pays for such work at a higher rate. In any case the rate for work in excess of 40 hours per week may not exceed one and one half times the normal hourly rate. Y N Include a notice in all contracts involving research, developmental, experimental or demonstration work requiring that all patentable processes, discoveries or inventions which arise or are developed in the course of, or under, such contract shall be reported to EDA. The notice will state that the Government has an interest in any such patentable processes, discoveries or inventions corresponding to the percentage of total project cost funded by EDA. Y N Include in all negotiated contracts (except those awarded by small purchase procedures) a provision to the effect that the Recipient, EDA, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcriptions. Y N Include in all contracts a requirement that the contractor maintain all relevant project records for three years after the Recipient has made final payment to the contractor and all other pending matters are closed. Y N State a specific timetable in the Architect/Engineer agreement for:

1. Completing preliminary plans and associated cost estimates; 2. Completing final plans, specifications, and cost estimates; 3. Securing required State and local approvals; and 4. Completing proposed contract documents in a form sufficient for soliciting bids for

construction of the project.

(If the Recipient has executed an Architect/Engineer agreement without such a requirement for a timetable, EDA shall require that an addendum to the agreement be executed to incorporate this requirement). Y N Provide surveillance of project construction to assure compliance with plans, specifications, and all other contract documents. If the Recipient chooses to use the Architect/Engineer as the project inspector, the requirements for construction inspection services shall be clearly defined and the amount the Recipient is required to pay for such services shall be stated. Y N Be responsible for any damages arising from any defects in design or negligence in the performance of the construction inspector, if the inspector is furnished by the Architect/Engineer. (EDA recommends that the Architect/Engineer be required to take insurance, when available, to cover liability for such damages).


Y N Supervise any required subsurface explorations such as borings, soil tests, and the like, to determine amounts of rock excavation or foundation conditions, no matter whether they are performed by the Architect/Engineer or by others paid by the Recipient. Y N Attend bid openings, prepare and submit tabulation of bids, and make a recommendation as to contract award. Y N Review proof of bidder's qualifications and recommend approval or disapproval. Y N Prepare and submit proposed contract change orders when applicable. There shall be no charge to the Recipient when the change order is required to correct errors or omissions by the Architect/Engineer. (To be eligible for EDA participation the specific change order must have written approval from EDA and must have some form of cost or price analysis performed by the Recipient or the Architect/Engineer). Y N Submit a report not less frequently than quarterly to the Recipient covering the general progress of the job and describing any problems or factors contributing to delay. Y N Review and approve the contractor's schedule of amounts for contract payment. Y N Certify partial payments to contractors. Y N Assure that a ten percent (10%) retainage is withheld from all payments on construction contracts until final acceptance by the Recipient and approval by the EDA Regional Office, unless State or local law provides otherwise. Y N Prepare "as-built" or record drawings after completion of the project. Reproducible originals will be furnished to the Recipient within 60 days after all construction has been completed and the final inspection has been performed. (One set of copies shall be furnished to the EDA Regional Office only if requested by the Regional Office). Y N Review and approve the contractor's submission of samples and shop drawings, where applicable. Y N Comply with all Federal statutes relating to non-discrimination. These include but are not limited to:

1. Title VI of the Civil Rights Act of 1964 (P.L.88-352) which prohibits discrimination on the basis of race, color, or national origin;

2. Section 112 of PL 92-45 and Title IX of the Education Amendments of 1972, as amended

(20 U.S.C. 1681-1683, and 1685-1686) which prohibits discrimination on the basis of sex;

3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.794) which prohibits discrimination on the basis of handicaps;

4. The Age Discrimination Act of 1975, as amended (42 U.S.C.6101-6107) which prohibits

discrimination because of age;

5. The Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended, relating to non-discrimination on the basis of drug abuse;

6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and

Rehabilitation Act of 1970 (P.L.91-616), as amended, relating to non-discrimination on the basis of alcohol abuse or alcoholism;


7. Sections 523 and 527 of the Public Health Service Act of 1912 (42U.S.C. 290 dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;

8. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et. seq.), as amended, relating to

non-discrimination in the sale, rental or financing of housing;

9. Any other non-discrimination provisions in the specific statute(s) under which the application for Federal assistance is being made; and

10. The requirements of any other non-discrimination statute(s) which may apply.

Y N Incorporate into the proposed construction contract documents a designation of all of the different types of construction which will be used for the project; such as Building, Heavy or Highway in accordance with all local and State laws and practices. For this purpose either the plans, the specifications or both shall clearly delineate where each type stops and another starts. Y N Consider in the establishment of the compensation any cost savings that may be realized through multiple use of the same design. Y N Provide in all proposed construction contracts deductive alternates which can be taken, if necessary, to reduce the bid price so that the lowest responsive bid for construction of the project will not exceed the funds available. Y N Design the facility to comply with the Americans with Disabilities Act (ADA)(P.L.101- 336) and the Accessibility Guidelines for Buildings and Facilities, as amended, (36 CFR Part 191 and Executive Order 12699. Y N Design for seismic safety in accordance with Executive Order 12699 which imposes requirements that Federally assisted facilities be designed and constructed in accordance with the 1991 ICBO Uniform Building Code or 1992 Supplement to the BOCA National Building Code and/or 1991 Amendments to the SBCC Standard Building Code. Y N Provide sufficient plans, specifications, bid sheets, cost estimates, design analysis, and other contract documents required for the project. The number of copies to be furnished by the Architect/Engineer as part of his/her compensation for basic services shall be specified in the agreement.

I declare under penalty of perjury under the laws of the State of California that I have reviewed the above checklist of EDA Contracting requirements. _____________________________________ _______________________ Signature Date _______________________________________ Print Name ________________________________ ______________________________ Company Name Phone

RFQ: Project Management and Development Services Attachment J Building 813 – Hunters Point Shipyard Nondiscrimination in Contracts and Benefits Page 1 of 4

Attachment J Nondiscrimination in Contracts and Benefits Instructions and Declaration Form

A. What is the Nondiscrimination in Contracts Policy?

The San Francisco Redevelopment Agency’s Nondiscrimination in Contracts Policy (Policy) requires companies or organizations providing products or services to, or leasing a real property from, the Agency

to agree not to discriminate against groups who are protected from discrimination under the Policy, and

to include a similar provision in subcontracts and other agreements. Those provisions are the subjects of this form. The Policy is posted on the Web at: www.ci.sf.ca.us/sfra.

If you do not comply with the Policy, the Agency cannot do business with you, except under certain very

limited circumstances.

B. What Agency contracts are covered by the Policy?

Contracts or purchase orders where the Agency purchases products, services or construction

with contractors/vendors whose total amount of business with the Agency exceeds a cumulative amount of $5,000 in a 12-month period.

Leases of property owned by the Agency for a term of 30 days or more. In these cases, the

Agency is the landlord. The Policy also applies to leases for a term of 30 days or more where the Agency is the tenant.

C. What are the groups protected from discrimination under the Policy? You may not discriminate against:

your employees

an applicant for employment

any employee of the Agency or the City and County of San Francisco

a member of the public having contact with you.

D. What are prohibited types of discrimination?

You may not discriminate against the specified groups for the following reasons (see Question 1a on the declaration form).

Race color

creed religion

ancestry national origin

age sex

sexual orientation gender identity

marital status domestic partner status

disability AIDS/HIV status

In the provision of benefits, you also may not discriminate between employees with spouses and

employees with domestic partners, or between the spouses and domestic partners of employees, subject to the conditions listed in F.2 below.

E. How are subcontracts affected?

For any subcontract, sublease, or other subordinate agreement you enter into which is related to a

contract you have with the Agency, you must include a nondiscrimination provision (See Question 1b on the Declaration Form). The subcontracting provision need not include nondiscrimination in benefits as

part of the nondiscrimination requirements. If you’re unsure whether a contract qualifies as a

http://www.ci.sf.ca.us/sfra

RFQ: Project Management and Development Services Attachment J Building 813 – Hunters Point Shipyard Nondiscrimination in Contracts and Benefits Page 2 of 4

subcontract, contact the Agency division administering your contract with the Agency. ―Subcontract‖ also

includes any subcontract of your subcontractor for performance of 10% or more of the subcontract.

F. Nondiscrimination in benefits for spouses and domestic partners

1. Who are domestic partners?

If your employee and another person are currently registered as domestic partners with a state, county or city that authorizes such registration, then those two people are domestic partners. It

doesn’t matter where the domestic partners now live or whether they are a same-sex couple or an opposite sex couple. A company/organization may also institute its own domestic partnership

registry (contact the Agency for more information).

2. What is nondiscrimination in benefits?

You must provide the same benefits to employees with spouses and employees with domestic partners, and to spouses and domestic partners of employees, subject to the following

qualifications (See Question 2c on the Declaration Form). If your cost of providing a benefit for an employee with a domestic partner exceeds that of

providing it for an employee with a spouse, or vice versa, you may require the employee to

pay the excess cost.

If you are unable to provide the same benefits, despite taking all reasonable measures to do

so, you must provide the employee with a cash equivalent. This qualification is intended to address situations where your benefits provider will not provide equal benefits and you are

unable to find an alternative source or state or federal law prohibit the provision of equal benefits. (See Question 2d on the Declaration form).

The Policy does not require any benefits be offered to spouses or domestic partners. It does

require, however, that whatever benefits are offered to spouses be offered equally to

domestic partners, and vice versa.

3. Examples of benefits The law is intended to apply to all benefits offered to employees with spouses and employees with

domestic partners. A sample list appears in Question 2c on the Declaration Form.

G. Form required

Complete the Declaration Form to tell the Agency whether you comply with the Policy. All parties to a

Joint Venture must submit separate Declarations.

Please submit an original of the Declaration Form and keep a copy for your records. If an Agency division should ask you to complete the form again, you may submit a copy of the form you originally

submitted (if the information has not changed), unless you are advised otherwise.

H. Attachments

If you provide equal benefits, as indicated by your answers to Question 2c on the Declaration form, YOU MUST ATTACH DOCUMENTATION TO THIS FORM, unless such documentation does not exist. See

item 3, ―Documentation for Nondiscrimination in Benefits.‖ If documentation does not exist, attach an explanation (e.g., some of your policies are unwritten).

I. If your answers change If, after you submit the Declaration, your company/organization’s nondiscrimination policy or benefits

change such that the information you provided to the Agency is no longer accurate, you must advise the Agency promptly by submitting a new Declaration.

SAN FRANCISCO REDEVELOPMENT AGENCY

DECLARATION FORM Nondiscrimination in Contracts and Benefits

RFQ: Project Management and Development Services Attachment J Building 813 – Hunters Point Shipyard Nondiscrimination in Contracts and Benefits

Page 3 of 4

1. Nondiscrimination—Protected Classes

a. Is it your company/organization’s policy that you will not discriminate against your employees, applicants for employment, employees of the San Francisco Redevelopment Agency (Agency) or City

and County of San Francisco (City), or members of the public for the following reasons:

race Yes No

color Yes No

creed Yes No

religion Yes No

ancestry Yes No

national origin Yes No

age Yes No

sex Yes No sexual orientation Yes No

gender identity Yes No

marital status Yes No

domestic partner status Yes No

disability Yes No

AIDS or HIV status Yes No

b. Do you agree to insert a similar nondiscrimination provision in any subcontract you enter into for the

performance of a substantial portion of the contract that you have with the Agency or the City? Yes No

If you answered ―no‖ to any part of Question 1a or 1b, the Agency or the City cannot do business with you.

2. Nondiscrimination—Equal Benefits (Question 2 does not apply to subcontracts or subcontractors)

a. Do you provide, or offer access to, any benefits to employees with spouses or to spouses of employees? Yes No

b. Do you provide, or offer access to, any benefits to employees with domestic partners (Partners) or to

domestic partners of employees? Yes No

If you answered ―no‖ to both Questions 2a and 2b, skip 2c and 2d, and sign, date and return this form. If you answered ―yes‖ to Question 2a or 2b, continue to 2c.

c. If ―yes,‖ please indicate which ones. This list is not intended to be exhaustive. Please list any other benefits you provide (even if the employer does not pay for them).

Benefit

Yes, for

Spouses

Yes, for

Partner

s

No

Medical (health, dental, vision)

Pension

Bereavement

Family leave

Parental leave

Employee assistance programs

Relocation and travel

Company discounts, facilities, events Credit union

Child care

Other ________________________

Other _______________________

RFQ: Project Management and Development Services Attachment J Building 813 – Hunters Point Shipyard Nondiscrimination in Contracts and Benefits

Page 4 of 4

If you answered ―yes‖ to Question 2a or 2b, and in 2c indicated that you do not provide equal benefits, you may still

comply with the Policy if you have taken all reasonable measures to end discrimination in benefits, have been unable to do so, and now provide employees with a cash equivalent.

(1) Have you taken all reasonable measures? Yes No

(2) Do you provide a cash equivalent? Yes No

3. Documentation for Nondiscrimination in Benefits (Questions 2c and 2d only)

If you answered ―yes‖ to any part of Question 2c or Question 2d, you must attach to this form those provisions of insurance policies, personnel policies, or other documents you have which verify your compliance with Question 2c or Question 2d. Please include the policy sections that list the benefits for which you indicated ―yes‖ in Question 2c. If documentation does not exist, attach an explanation, e.g., some of your personnel policies are unwritten. If you answered ―yes‖ to Question 2d(1) complete and attach form SFRA/CC-103, ―Nondiscrimination in Benefits—Reasonable Measures Affidavit,‖ which is available from the Agency. You need not document your ―yes‖ answer to Question 1a or Question 1b.

I declare (or certify) under penalty of perjury that the foregoing is true and correct, and that I am authorized to bind this entity contractually.

Executed this _____ day of _______________, 20_____, at ___________________________, __________. (City) (State)

Name of Company/Organization: ____________________________________________________________

Doing Business As (DBA): ____________________________________________________________

Also Known As (AKA): ____________________________________________________________

General Address: ____________________________________________________________

(For General Correspondence) ____________________________________________________________

Remittance Address: ____________________________________________________________

(If different from above address) ____________________________________________________________

Name of Signatory: ________________________________Title: _______________________

(Please Print)

Signature: ____________________________________________________________

Phone Number: _________________ Federal Tax ID Number: ____________________

Approximate number of employees in the U.S.: ________ Vendor Number: _______________________

(if known) Check here if your address has changed.

Check here if your organization is a non-profit.

Check here if your organization is a governmental entity.

THIS FORM MUST BE RETURNED WITH THE ORIGINAL SIGNATURE

Please return this form to: San Francisco Redevelopment Agency, One South Van Ness Avenue, 5th Floor, San Francisco, CA 94103.

RFQ: Project Management and Development Services Attachment K Building 813 – Hunters Point Shipyard Minimum Compensation Policy Declaration Page 1 of 1

Attachment K Minimum Compensation Policy Declaration

What the Policy does. The Redevelopment Agency of the City and County of San Francisco adopted the Minimum Compensation Policy (MCP), which became effective on September 25, 2001. The MCP requires contractors and subcontractors to provide the following to their employees covered by the MCP on Agency contracts and subcontracts for services: For Commercial Business MCP the wage rate is $11.54. For Nonprofit MCP the wage rate is $11.03 ; 12 days’ paid vacation per year (or cash equivalent); 10 days off without pay per year. The Agency may require contractors to submit reports on the number of employees affected by the MCP. Effect on Agency contracting. For contracts and amendments signed on or after September 25, 2001, the MCP will have the following effect:

in each contract, the contractor will agree to abide by the MCP and to provide its employees the minimum benefits the MCP requires, and to require its subcontractors subject to the MCP to do the same.

if a contractor does not provide the MCP minimum benefits, the Agency can award a contract to that

contractor only if the contract is exempt under the MCP, or if the contract has received a waiver from the Agency.

What this form does. If you can assure the Agency now that, beginning with the first Agency contract or amendment you receive after September 25, 2001 and until further notice, you will provide the minimum benefit levels specified in the MCP to your covered employees, and will ensure that your subcontractors also subject to the MCP do the same, this will help the Agency's contracting process. The Agency realizes that it may not be possible to make this assurance now. If you cannot make this assurance now, please do not return this form. For more information, the complete text of the MCP is available from the Agency's Contract Compliance Department by calling (415) 749-2400.

Routing. Return this form to: Contract Compliance Department, San Francisco Redevelopment Agency, 1 South Van Ness, Fifth Floor, San Francisco, CA 94103.

Declaration

Effective with the first Agency contract or amendment this company receives on or after September 25, 2001, this company will provide the minimum benefit levels specified in the MCP to our covered employees, and will ensure that our subcontractors also subject to the MCP do the same, until further notice. This company will give such notice as soon as possible. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. _______________________________ __________________________ Signature Date _______________________________

Print Name _______________________________ __________________________ Company Name Phone

RFQ: Project Management and Development Services Attachment L Building 813 – Hunters Point Shipyard Health Care Accountability Policy Declaration Page 1 of 1

Attachment L Health Care Accountability Policy Declaration

What the Ordinance does. The San Francisco Redevelopment Agency adopted the San Francisco Health Care Accountability Policy (the “HCAP”), which became effective on September 25, 2001. The HCAP requires contractors and subcontractors that provide services to the Agency, contractors and subcontractors that enter into leases with the Agency, and parties providing services to tenants and sub-tenants on Agency property to choose between offering health plan benefits to their employees or making payments to the Agency or directly to their employees. Specifically, contractors can either: (1) offer the employee minimum standard health plan benefits approved by the Agency Commission (2) pay the Agency $3.00 per hour for each hour the employee works on the covered contract or subcontract or on property covered by a lease (but not to exceed $120 in any week) and the Agency will appropriate the money for staffing and other resources to provide medical care for the uninsured, or (3) participate in a health benefits program developed by the Agency. The Agency may require contractors to submit reports on the number of employees affected by the HCAP. Effect on Agency contracting. For contracts and amendments signed on or after September 25, 2001, the HCAP will have the following effect:

in each contract, the contractor will agree to abide by the HCAP and to provide its employees the minimum benefits the HCAP requires, and to require its subcontractors to do the same.

if a contractor does not provide the HCAP’s minimum benefits, the Agency can award a contract to that contractor only if the contract is exempt under the HCAP, or if the contract has received waiver; from the Agency.

What this form does. If you can assure the Agency now that, beginning with the first Agency’s contract or amendment you receive after September 25, 2001 and until further notice, you will provide the minimum benefit levels specified in the HCAP to your covered employees, and will ensure that your subcontractors also subject to the HCAP do the same, this will help the Agency contracting process. The Agency realizes that it may not be possible to make this assurance now. If you cannot make this assurance now, please do not return this form.

For more information, (1) see the complete text of the HCAP, available from the Agency’s Contract Compliance Department at: (415) 749-2400. Routing. Return this form to: Contact Compliance Department, San Francisco Redevelopment Agency, 1 South Van Ness Avenue, Fifth Floor, San Francisco, CA 94103.

Declaration Effective with the first Agency contract or amendment this company receives on or after September 25, 2001, this company will provide the minimum benefit levels specified in the HCAP to our covered employees, and will ensure that our subcontractors also subject to the HCAP do the same, until further notice. This company will give such notice as soon as possible. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. _______________________________ __________________________ Signature Date _______________________________ Print Name _______________________________ __________________________ Company Name Phone

RFQ: Project Management and Development Services Attachment M Building 813 – Hunters Point Shipyard Prevailing Wage Policy Page 1 of 8

Attachment M Prevailing Wage Policy

11.1 Applicability. These Prevailing Wage Provisions (hereinafter referred to as "Labor

Standards") apply to any and all construction of the Improvements as defined in the Agreement between the Developer/Borrower/Owner and the Agency of which this Attachment No. 4 and these Labor Standards are a part.

11.2 All Contracts and Subcontracts shall contain the Labor Standards. Confirmation

by Construction Lender. (a) All specifications relating to the construction of the Improvements shall contain

these Labor Standards and the Borrower shall have the responsibility to assure that all contracts and subcontracts, regardless of tier, incorporate by reference the specifications containing these Labor Standards. If for any reason said Labor Standards are not included, the Labor Standards shall nevertheless apply. The Borrower shall supply the Agency with true copies of each contract relating to the construction of the Improvements showing the specifications that contain these Labor Standards promptly after due and complete execution thereof and before any work under such contract commences. Failure to do shall be a violation of these Labor Standards.

(b) Before close of escrow under the Agreement and as a condition to close of escrow,

the Borrower shall also supply a written confirmation to the Agency from any construction lender for the Improvements that such construction lender is aware of these Labor Standards.

11.3 Definitions. The following definitions shall apply for purposes of this Attachment No. 4:

(a) "Contractor" is the Borrower if permitted by law to act as a contractor, the general contractor, and any contractor as well as any subcontractor of any tier subcontractor having a contract or subcontract that exceeds $10,000, and who employs Laborers, Mechanics, working foremen, and security guards to perform the construction on all or any part of the Improvements.

(b) "Laborers" and "Mechanics" are all persons providing labor to perform the

construction, including working foremen and security guards.

(c) "Working foreman" is a person who, in addition to performing supervisory duties, performs the work of a Laborer or Mechanic during at least 20 percent of the work week.

11.4 Prevailing Wage.

(a) All Laborers and Mechanics employed in the construction of the Improvements will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by §11.5) the full amount of wages and bona fide fringe benefits (or


cash equivalents thereof) due at the time of payment computed at rates not less than those contained in the General Prevailing Wage Determination (hereinafter referred to as the "Wage Determination") made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, sections 1770, 1773 and 1773.1, regardless of any contractual relationship which may be alleged to exist between the Contractor and such Laborers and Mechanics. A copy of the applicable Wage Determination is on file in the offices of the Agency with the Development Services Manager. At the time of escrow closing the Agency shall provide the Borrower with a copy of the applicable Wage Determination.

(b) All Laborers and Mechanics shall be paid the appropriate wage rate and fringe

benefits for the classification of work actually performed, without regard to skill. Laborers or Mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein provided that the Contractor's payroll records accurately set forth the time spent in each classification in which work is performed.

(c) Whenever the wage rate prescribed in the Wage Determination for a class of

Laborers or Mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit in the manner as stated therein i.e. the vacation plan, the health benefit program, the pension plan and the apprenticeship program, or shall pay an hourly cash equivalent thereof.

(d) If the Contractor does not make payments to a trustee or other third person, the

Contractor may consider as part of the wages of any Laborer or Mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the Wage Determination, provided that the Executive Director of the Agency has found, upon the written request of the Contractor, made through the Borrower that the intent of the Labor Standards has been met. Records of such costs shall be maintained in the manner set forth in subsection (a) of §11.8. The Executive Director of the Agency may require the Borrower to set aside in a separate interest bearing account with a member of the Federal Deposit Insurance Corporation, assets for the meeting of obligations under the plan or program referred to above in subsection (b) of this §11.4. The interest shall be accumulated and shall be paid as determined by the Agency acting at its sole discretion.

(e) Regular contributions made or costs incurred for more than a weekly period (but not

less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

11.5 Permissible Payroll Deductions. The following payroll deductions are permissible

deductions. Any others require the approval of the Agency's Executive Director.

(a) Any withholding made in compliance with the requirements of Federal, State or local income tax laws, and the Federal social security tax.

(b) Any repayment of sums previously advanced to the employee as a bona fide

prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when case or its equivalent has been advanced to the employee in such manner as to give him or her complete freedom of disposition of the advanced funds.


(c) Any garnishment, unless it is in favor of the Contractor (or any affiliated person or

entity), or when collusion or collaboration exists. (d) Any contribution on behalf of the employee, to funds established by the Contractor,

representatives of employees or both, for the purpose of providing from principal, income or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts or similar payments for the benefit of employees, their families and dependents provided, however, that the following standards are met:

1. The deduction is not otherwise prohibited by law; and

2. It is either:

a. Voluntarily consented to by the employee in writing and in advance

of the period in which the work is to be done and such consent is not a condition either for obtaining or for the continuation of employment, or

b. Provided for in a bona fide collective bargaining agreement between

the Contractor and representatives of its employees; and

3. No profit or other benefit is otherwise obtained, directly or indirectly, by the Contractor (or any affiliated person or entity) in the form of commission, dividend or otherwise; and

4. The deduction shall serve the convenience and interest of the employee.

(e) Any authorized purchase of United States Savings Bonds for the employee.

(f) Any voluntarily authorized repayment of loans from or the purchase of shares in

credit unions organized and operated in accordance with Federal and State credit union statutes.

(g) Any contribution voluntarily authorized by the employee for the American Red Cross,

United Way and similar charitable organizations.

(h) Any payment of regular union initiation fees and membership dues, but not including fines or special assessments provided, that a collective bargaining agreement between the Contractor and representatives of its employees provides for such payment and the deductions are not otherwise prohibited by law.

11.6 Apprentices and Trainees. Apprentices and trainees will be permitted to work at less

than the Mechanic's rate for the work they perform when they are employed pursuant to and are individually registered in an apprenticeship or trainee program approved by the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training ("BAT") or with the California Department of Industrial Relations, Division of Apprenticeship Standards ("DAS") or if a person is employed in his or her first 90 days of probationary employment as an apprentice or trainee in such a program, who is not individually registered in the program, but who has been certified by BAT or DAS to be eligible for probationary employment. Any employee listed on a payroll at an apprentice or


trainee wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate for a Mechanic. Every apprentice or trainee must be paid at not less than the rate specified in the registered program for the employee's level of progress, expressed as a percentage of a Mechanic's hourly rate as specified in the Wage Determination. Apprentices or trainees shall be paid fringe benefits in accordance with the provisions of the respective program. If the program does not specify fringe benefits, employees must be paid the full amount of fringe benefits listed in the Wage Determination.

11.7 Overtime. No Contractor contracting for any part of the construction of the Improvements

which may require or involve the employment of Laborers or Mechanics shall require or permit any such Laborer or Mechanic in any workweek in which he or she is employed on such construction to work in excess of eight hours in any calendar day or in excess of 40 hours in such workweek unless such Laborer or Mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of 40 hours in such workweek, whichever is greater.

11.8 Payrolls and Basic Records.

(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of its construction of the Improvements and preserved for a period of one year thereafter for all Laborers and Mechanics it employed in the construction of the Improvements. Such records shall contain the name, address and social security number of each employee, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for fringe benefits or cash equivalents thereof), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the wages of any Laborer or Mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program, the Contractor shall maintain records which show the costs anticipated or the actual costs incurred in providing such benefits and that the plan or program has been communicated in writing to the Laborers or Mechanics affected. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage prescribed in the applicable programs or the Wage Determination.

(b) 1. The Contractor shall submit to the Agency on each Wednesday at noon a

copy of the payrolls for the week preceding the previous week in which any construction of the Improvements was performed. The payrolls submitted shall set out accurately and completely all of the information required by the Agency's Optional Form, an initial supply of which may be obtained from the Agency. The Contractor if a prime contractor or the Borrower acting as the Contractor is responsible for the submission of copies of certified payrolls by all subcontractors; otherwise each Contractor shall timely submit such payrolls.

(c) 2. Each weekly payroll shall be accompanied by the Statement of Compliance

that accompanies the Agency's Optional Form and properly executed by the Contractor or his or her agent, who pays or supervises the payment of the employees.

(d) The Contractor shall make the records required under this §11.8 available for inspection or copying by authorized representatives of the Agency, and shall permit


such representatives to interview employees during working hours on the job. On request the Executive Director of the Agency shall advise the Contractor of the identity of such authorized representatives.

11.9 Occupational Safety and Health. No Laborer or Mechanic shall be required to work in

surroundings or under working conditions which are unsanitary, hazardous or dangerous to his or her safety and health as determined under construction safety and health standards promulgated by Cal-OSHA or if Cal-OSHA is terminated, then by the federal OSHA.

11.10 Equal Opportunity Program. The utilization of apprentices, trainees, Laborers and

Mechanics under this part shall be in conformity with the equal opportunity program set forth in Exhibit I of the Agreement including Schedules A and B. Any conflicts between the language contained in these Labor Standards and Exhibit I shall be resolved in favor of the language set forth in Exhibit I, except that in no event shall less than the prevailing wage be paid.

11.11 Nondiscrimination Against Employees for Complaints. No Laborer or Mechanic to

whom the wage, salary or other Labor Standards of this Agreement are applicable shall be discharged or in any other manner discriminated against by the Contractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or relating to these Labor Standards.

11.12 Posting of Notice to Employees. A copy of the Wage Determination referred to in

subsection (a) of §11.4 together with a copy of a "Notice to Employees," in the form appearing on the last page of these Labor Standards, shall be given to the Borrower at the close of escrow. The Notice to Employees and the Wage Determination shall both be posted and maintained by the Contractor in a prominent place readily accessible to all applicants and employees performing construction of the Improvements before construction commences. If such Notice and Wage Determination is not so posted or maintained, the Agency may do so.

11.13 Violation and Remedies.

(a) Liability to Employee for Unpaid Wages. The Contractor shall be liable to the employee for unpaid wages, overtime wages and benefits in violation of these Labor Standards.

(b) Stop Work--Contract Terms, Records and Payrolls. If there is a violation of these

Labor Standards by reason of the failure of any contract or subcontract for the construction of the Improvements to contain the Labor Standards as required by §11.2 ("Non-Conforming Contract"); or by reason of any failure to submit the payrolls or make records available as required by §11.8 ("Non-Complying Contractor"), the Executive Director of the Agency may, after written notice to the Borrower with a copy to the Contractor involved and failure to cure the violation within five working days after the date of such notice, stop the construction work under the Non-Conforming Contract or of the Non-Complying Contractor until the Non-Conforming Contract or the Non-Complying Contractor comes into compliance.


(c) Stop Work and Other Violations. For any violation of these Labor Standards the Executive Director of the Agency may give written notice to the Borrower, with a copy to the Contractor involved, which notice shall state the claimed violation and the amount of money, if any, involved in the violation. Within five working days from the date of said notice, the Borrower shall advise the Agency in writing whether or not the violation is disputed by the Contractor and a statement of reasons in support of such dispute (the "Notice of Dispute"). In addition to the foregoing, the Borrower, upon receipt of the notice of claimed violation from the Agency, shall with respect to any amount stated in the Agency notice withhold payment to the Contractor of the amount stated multiplied by 45 working days and shall with the Notice of Dispute, also advise the Agency that the moneys are being or will be withheld. If the Borrower fails to timely give a Notice of Dispute to the Agency or to advise of the withhold, then the Executive Director of the Agency may stop the construction of the Improvements under the applicable contract or by the involved Contractor until such Notice of Dispute and written withhold advice has been received.

(d) Upon receipt of the Notice of Dispute and withhold advice, any stop work which the

Executive Director has ordered shall be lifted, but the Borrower shall continue to withhold the moneys until the dispute has been resolved either by agreement, or failing agreement, by arbitration as is provided in §11.14.

(e) Withholding Certificates of Completion. The Agency may withhold any or all

certificates of completion of the Improvements provided for in this Agreement, for any violations of these Labor Standards until such violation has been cured.

(f) General Remedies. In addition to all of the rights and remedies herein contained,

but subject to arbitration, except as hereinafter provided, the Agency shall have all rights in law or equity to enforce these Labor Standards including, but not limited to, a prohibitory or mandatory injunction. Provided, however, the stop work remedy of the Agency provided above in subsection (b) and (c) is not subject to arbitration.

11.14 Arbitration of Disputes.

(a) Any dispute regarding these Labor Standards shall be determined by arbitration through the American Arbitration Association, San Francisco, California office ("AAA") in accordance with the Commercial Rules of the AAA then applicable, but subject to the further provisions thereof.

(b) The Agency and all persons or entities who have a contractual relationship affected

by the dispute shall be made a party to the arbitration. Any such person or entity not made a party in the demand for arbitration may intervene as a party and in turn may name any such person or entity as a party.

(c) The arbitration shall take place in the City and County of San Francisco. (d) Arbitration may be demanded by the Agency, the Borrower or the Contractor. (e) With the demand for arbitration, there must be enclosed a copy of these Labor

Standards, and a copy of the demand must be mailed to the Agency and the Borrower, or as appropriate to one or the other if the Borrower or the Agency is demanding arbitration. If the demand does not include the Labor Standards they are nevertheless deemed a part of the demand. With the demand if made by the


Agency or within a reasonable time thereafter if not made by the Agency, the Agency shall transmit to the AAA a copy of the Wage Determination (referred to in §11.4) and copies of all notices sent or received by the Agency pursuant to §11.13. Such material shall be made part of the arbitration record.

(f) One arbitrator shall arbitrate the dispute. The arbitrator shall be selected from the

panel of arbitrators of the AAA by the parties to the arbitration in accordance with the AAA rules. The parties shall act diligently in this regard. If the parties fail to select an arbitrator, within seven (7) days from the receipt of the panel, the AAA shall appoint the arbitrator. A condition to the selection of any arbitrator shall be that person's agreement to render a decision within 30 days from appointment.

(g) Any party to the arbitration whether the party participates in the arbitration or not

shall be bound by the decision of the arbitrator whose decision shall be final and binding on all of the parties and any and all rights of appeal from the decision are waived except a claim that the arbitrator's decision violates an applicable statute or regulation. The decision of the arbitrator shall be rendered on or before 30 days from appointment. The arbitrator shall schedule hearings as necessary to meet this 30 day decision requirement and the parties to the arbitration, whether they appear or not, shall be bound by such scheduling.

(h) Any party to the arbitration may take any and all steps permitted by law to enforce

the arbitrator's decision and if the arbitrator's decision requires the payment of money the Contractor shall make the required payments and the Borrower shall pay the Contractor from money withheld.

(i) Costs and Expenses. Each party shall bear its own costs and expenses of the

arbitration and the costs of the arbitration shall be shared equally among the parties.

11.15 Non-liability of the Agency. The Borrower and each Contractor acknowledge and agree

that the procedures hereinafter set forth for dealing with violations of these Labor Standards are reasonable and have been anticipated by the parties in securing financing, in inviting, submitting and receiving bids for the construction of the Improvements, in determining the time for commencement and completion of construction and in proceeding with construction work. Accordingly the Borrower, and any Contractor, by proceeding with construction expressly waives and is deemed to have waived any and all claims against the Agency for damages, direct or indirect, arising out of these Labor Standards and their enforcement and including but not limited to claims relative to stop work orders, and the commencement, continuance or completion of construction.


SAN FRANCISCO REDEVELOPMENT AGENCY

N O T I C E T O E M P L O Y E E S

EQUAL The contractor must take equal opportunity to provide OPPORTUNITY employment opportunities to minority group persons NON-DISCRIMI- and women and shall not discriminate on the basis of NATION age, ancestry, color, creed, disability, gender, national origin, race, religion or sexual orientation. PREVAILING You shall not be paid less than the wage rate attached WAGE to this Notice for the kind of work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 8 a day or 40 a week, whichever is greater. APPRENTICES Apprentice rates apply only to employees registered under an apprenticeship or trainee program approved by the Bureau of Apprenticeship and Training or the California Division of Apprenticeship Standards. PROPER PAY If you do not receive proper pay, write: San Francisco Redevelopment Agency One South Van Ness, Fifth Floor San Francisco, CA 94103 or call 415.749.2409 and ask for Mr. Roel Villacarlos Contract Compliance Specialist

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