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HomeMy WebLinkAbout19E - RFP - AFFORDABLE HOUSINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2016 TITLE: REQUEST FOR PROPOSALS FOR AFFORDABLE RENTAL HOUSING ACQUISITION AND REHABILITATION (STRATEGIC PLAN NO 5, 3) CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: F•9;r rr ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 °" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER The City of Santa Ana ( "City ") annually receives federal grant funds through the HOME Investment Partnership Program (HOME) for the development of affordable housing. The U.S. Department of Housing and Urban Development (HUD) has commitment deadlines for the HOME funds that requires grant fund to be committed within two years of allocation by July 31 of each year. The City is currently required to commit $1,442,869 by July 31, 2016. This RFP will cover a portion of this 2016 commitment requirement. The remainder of the HUD requirement has been met by existing funding commitments. In order for the City to fully utilize these HOME funds and meet HUD's commitment deadline, staff will be releasing a Request for Proposals (RFP) on February 3, 2016 for affordable rental housing in Santa Ana (Exhibit 1). Due to HUD's commitment deadline, proposals may only be accepted for the acquisition and rehabilitation of existing residential rental projects. In November 2015, the City pre- awarded HOME funds through a competitive selection process to the Santa Ana Arts Collective project that anticipated an award of Affordable Housing and Sustainable Communities (AHSC) funding (otherwise known as Cap and Trade), with an anticipated award date in June 2016 based on the previous year's funding award timeline. However, in December 2015 the Strategic Growth Council adopted the 2015 — 2016 AHSC Program Guidelines and extended the timeline for funding awards to August 2016, one month after the City's HOME commitment deadline from HUD. Under the new HOME final rule, HOME funds cannot be committed until all other financing is fully secured. Therefore, the City must issue an RFP to commit and utilize these funds by July 31, 2016. The maximum funding available will be as follows: - $1,199,869 in HOME Program funds that must be committed by July 31, 2016 19E -1 RFP for Affordable Housing February 2, 2016 Page 2 $161,007 in HOME Program funds for Community Housing Development Organizations (CHDO) only 50 Project -Based Vouchers from the Housing Authority of the City of Santa Ana for homeless individuals or families only Based on the new HOME rules, HOME commitments cannot occur until all other financing for the project has been fully committed. The selected developer(s) will be responsible for contributing and securing additional funds, as may be necessary, for acquiring the land, completing the improvements, lease -up and operation of the project. The RFP is scheduled for release on February 3, 2016 with proposals due Monday, March 28, 2016. Notices of funding availability will be placed on the City's website, published in a general circulation newspaper, and directly emailed to local housing developers who have previously shown an interest in affordable housing development projects. Following review of the proposals received, the recommendations will be submitted for City Council's final approval. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement and Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action. Kelly Reenders Executive Director Community Development Agency NV /J B Exhibit: 1. Draft Request for Proposals 19E -2 REQUEST FOR PROPOSALS It793if "10111 AFFORDABLE HOUSING DEVELOPMENT CITY OF SANTA ANA Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 Natalie Verlinich Housing Programs Analyst (714) 667 -2267 Office NVerlinich @santa- ana.orR KEY RFP DATES: Issue Date: Deadline to Submit Questions: Response Posted on City Website: Proposal Due Date: Tentative Community Redevelopment and Housing Commission Recommendation Tentative City Council Approval Wednesday, February 3, 2016 Friday, March 4, 2016 at 5:00 p.m. Friday, March 11, 2016 at 5:00 p.m. Monday, March 28, 2016 at 12:00 p.m. Wednesday, April 27, 2016 at4:30 p.m. Tuesday, May 17, 2016 at 5:45 p.m. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development F"Ell NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for development of affordable housing projects. Responses to this Request for Proposals will be accepted until Monday, March 28, 2016 at 12:00 p.m. If further information is required regarding this Request for Proposals, please contact Ms. Natalie Verlinich, Housing Programs Analyst at (714) 667 -2267 or NVerlinich @santa- ana.org. MAILED, DELIVERED BY HAND, OR COURIERED proposals will be accepted as follows: City of Santa Ana Natalie Verlinich, Housing Programs Analyst Community Development Agency 20 Civic Center Plaza, Sixth Floor Santa Ana, CA 92701 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding the Request for Proposals shall be made in writing via e-mail to Natalie Verlinich at NVerlinich @santa - ana.org. The time the proposal is received in the Community Development Agency, 20 Civic Center Plaza 6`h Floor Santa Ana CA 92701 will be the governing time for acceptance of proposals. Late proposals will not be considered and will be returned to the proposer unopened Telegraphic electronic and facsimile proposals will not be accepted. DO NOT E -MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 2 19E -4 0 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT (RFP) City of Santa Ana Community Development Agency Request for Proposals for HOME funds for Affordable Housing Development Pa e 3 1 R -5 PAGE 4 4 4 5 5 5 5 6 6 6 6 6 6 9 9 9 11 21 22 23 24 25 26 34 35 36 38 I. INTRODUCTION II. SCOPE OF WORK /SERVICES III. GENERAL INFORMATION IV. COORDINATION V. DEVELOPER RESPONSIBILITIES VI. CITY BUSINESS LICENSE VII. RULES FOR PROPOSALS VIII. PRE - PROPOSAL MEETING IX. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS X. ADDENDA XI. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE XII. MINIMUM QUALIFICATIONS XIII. SUBMITTAL REQUIREMENTS XIV. DEVELOPER SELECTION — PROPOSAL AND EVALUATION XV. PUBLIC RECORDS XVI. FILING A PROTEST EXHIBITA SCOPE OF SERVICES Attachment 1 Cornerstone Village Project Area Attachment 2 Townsend -Raitt Project Area Attachment 3 Cedar - Evergreen Attachment 4 1900 -2000 Block of W. Myrtle Street Attachment 5 Early Outreach Community Meeting Attachment 6 Rehabilitation Standards EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR GENERAL LIABILITY POLICY EXHIBITC PROPOSER'SSTATEMENT: PROPOSAL AND CONTRACT AGREEMENT EXHIBIT PROPOSAL CONTRACT AND AGREEMENT— CERTIFICATION OF NONDISCRIMINATION EXHIBIT E NON- COLLUSION AFFIDAVIT City of Santa Ana Community Development Agency Request for Proposals for HOME funds for Affordable Housing Development Pa e 3 1 R -5 PAGE 4 4 4 5 5 5 5 6 6 6 6 6 6 9 9 9 11 21 22 23 24 25 26 34 35 36 38 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT (RFP) I. INTRODUCTION The City of Santa Ana is soliciting proposals fort he development of affordable housing projects from developers who are experienced, very knowledgeable of HUD programs and its requirements, financially creative and capable of developing, managing and maintaining high quality affordable housing. The City may only accept proposals for the Acquisition and Rehabilitation of Existing Residential Rental Projects. Any additional financing for a project must be secured prior to July 31 2016 in order to be eligible for an award of funds. The maximum funding available will be as follows: - $1,199,869 in HOME Program funds that must be committed by July 31, 2016 - $161,007 in HOME Programs funds for Community Housing Development Organizations (CHDO) only - 50 Project -Based Vouchers from the Housing Authority of the City of Santa Ana for homeless individuals or families The financial data provided in this RFP is not guaranteed, and the availability of such funds is subject to change at any time. The City of Santa Ana makes no guarantee of the availability of funding for any particular applicant or project. The availability of 50 project -based vouchers is contingent upon proposals awarded under RFP # 15- 129 for 100 units of Permanent Supportive Housing. The Housing Authority also understands that a project where 100% of the units designated for homeless individuals or families could be one of many ways to serve the most vulnerable members of our community. As a result, the Housing Authority is willing to consider proposals for project -based vouchers wherein at least 50% of the project -based units are for homeless individuals or families and the remaining project -based units may be for individuals or families earning less than 30% Area Median Income. The submission of a proposal in response to this RFP does not commit the City to providing any funding to a proposed project. The City reserves the right to determine at its sole discretion how to disburse available funds, if at all. II. SCOPE OF WORK /SERVICES The Scope of Work will include any and all work efforts related to the Affordable Housing Development per EXHIBIT A - SCOPE OF SERVICES. The Developer shall be an independent developer capable of providing experienced, knowledgeable and professional staff. The Developer shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Developer shall provide adequate staffing levels at all times and adhere to established schedules. The Developer shall be knowledgeable of and comply with federal, state and local laws, including the Santa Ana Municipal Code and the federal HOME Investment Partnership Act Program as it applies to their proposal. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 4 19E -6 III. GENERAL INFORMATION A. The term of any agreement will begin after the contract is awarded by the City Council. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in the RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The Developer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information and /or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in a proposal. E. All data, documents and other products used, developed or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the Developer and the City shall assume no liability of such subcontractors. IV. COORDINATION Coordination by the awarded Developer with the City, other contractors and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with impacted businesses, neighborhood and civic groups, local and /or state agency boards, and attendance at Community Redevelopment and Housing Commission meetings and City Council meetings. The City will decide the manner in which the coordination efforts will be conducted. At the City's option, coordination efforts may be performed by the Developer's direct contact, by the Developer acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. V. DEVELOPER RESPONSIBILITIES The selected Developer will assume responsibility for all aspects of the development, and for insuring that the project is developed and operated in accordance with applicable federal and state laws, HOME regulations and Project -Based Voucher regulations. The selected Developer will ensure that the project is developed and operated in accordance with the City of Santa Ana laws, regulations, and the planning and development process. VI. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within 30 -days of selection and must provide a copy to the City project manager or designee prior to commencing any work in Santa Ana. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 1915 7 VII. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the proposer (Exhibit E). Vlll. PRE - PROPOSAL MEETING The City will not have a pre - proposal meeting for this RFP. IX. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor and respond to e-mail requests within 48 hours. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein including the Scope of Service. Every request for such an interpretation must be made in writing via e- mail to Natalie Verlinich, Housing Programs Analyst, at nverlinichC@santa- ana.org no later than Friday, March 4, 2016 at 5:00 p.m. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. X. ADDENDA If clarification or interpretation of this RFP is considered necessary by the City, a written addendum shall be issued and the information will be posted on the City's website at www.santa- ana.org /bids -rfps and the Housing Authority's website. It is the responsibility of each proposer to periodically check the City's website to ensure that they have received and reviewed any and all addenda to this RFP. XI. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time and location set forth on the Notice inviting proposals. Faxed and E- mailed proposals will not be accepted. XII. MINIMUM QUALIFICATIONS Proposers shall have a minimum of five (5) years recent experience in the development and operation of affordable housing projects similar to their proposed project. XIII. SUBMITTAL REQUIREMENTS Proposers shall submit five complete hard copies of their proposal, and one additional copy on a compact disc, USB flash drive or equivalent. All five copies of the proposal must include a signed cover letter. This cover letter must include a declaration that the only person, persons, company, or parties interested in the proposal as principals are named herein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer has full authority to bind the proposer. It must also include an email address and contact information for the signer. All proposals submissions shall be on 8 -1/2" x 11" white paper. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 6 19E -8 Statement of Qualifications (SOQ). The SOQ must include the following components: 1. Developer Team. An organizational chart showing lines of responsibility, as well as a list of team members and their duties as part of the team. If the developer is a nonprofit corporation, or if a nonprofit is one of the team members, the SOQ must include documentation that the corporation is certified by the U.S. Internal Revenue Service as a 501(c)3 tax exempt non - profit corporation, and is in good standing with both state and federal compliance. Nonprofits who wish to be considered for funding under the Community Housing Development Organization (CHDO) component of the HOME Program must complete and include a CHDO checklist, as well as the required supporting documentation. The CHDO checklist is available on HUD's website here: http: / /www.hud.gov/ offices /cpd /affordablehousing /training/ web /chdo /characteristics /chdochec.pdf. A CHDO certification from another jurisdiction is not acceptable. They must also describe their ability to comply with the new HUD requirements for CHDOs. Developer needs to identify if any contractor(s) and /or subcontractor(s) are a subsidiary to any member of the development team. 2. Developer Experience. A narrative describing recent affordable residential development and management experience, with an emphasis on experience gained in the last five years on projects similar to the one being proposed. a. Include project name and type (special needs, senior, large family, etc.), project address, developer team members, unit count and bedroom type, affordability requirements, and funding sources in your description. b. Include a description of how neighborhood input was solicited and utilized in the development of these projects. 3. Service Provider Experience. (Only if applying for Project -Based Vouchers in partnership with a Service Provider) A narrative describing recent experience, with an emphasis on experience gained in the last five years on projects similar to the one being proposed. a. Include project name and type (homeless, special needs, senior, large family, etc.), project address, unit count and bedroom type, affordability requirements, and funding sources in your description. b. Include a description of current involvement with the Orange County Continuum of Care and the Orange County Coordinated Entry system. (If from another county, may use that jurisdiction's CoC.) 4. Financial Capacity. Description of financial strength and ability to obtain project financing before July 30, 2016, and to provide sufficient equity for the successful completion of the proposed project. a. Include a description of current relationships with major lending institutions. b. The developer which is selected for recommendation to City Council, or if a partnership, the team members who will retain an ownership interest in the project, will be required to submit complete financial statements for the last three years. Because of the possibility of public records requests, the City cannot guarantee that these statements will remain confidential. 5. References. Include a list of at least three references from public agency partners and professional lenders and investors with full names, contact information, and identification of the project(s) worked on. SOQs must be limited to a maximum of 25 pages, excluding front and back covers, section dividers, and exhibits. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 19979 All project proposals must contain the following minimum submission requirements: 1. Project Description. Detailed and concise narrative describing the proposed project, including at a minimum and as appropriate the rehabilitation concept for the site or a description (with photographs) of the building to be acquired, proposed building square footage, number of units /bedrooms, total parking spaces, proposed ingress and egress, proposed rents and tenant incomes, any special needs groups to be served, amenities to be provided to the tenants, and resident manager's unit. If there will not be a resident manager for a rental project, describe in detail how the project will be managed. For all projects, the narrative must also address site control, current zoning and any required zoning changes, anticipated development costs, City funds required and required City loan terms, developer access to additional funds required by the project, and proof that the property is under contract. This narrative should be accompanied by a site map showing the project's location. 2. Development Pro Forma. A detailed development pro forma that identifies the sources and uses of all funds necessary to complete the project, and that includes the project's anticipated cash flows over a period of years equal to 15 years and 30 years. The pro forma should identify important underlying assumptions that govern the cash flows, including but not necessarily limited to the amounts and frequency of loan repayments (all sources), annual rent increases, occupancy levels, operating costs as a percent of revenue, timing and amounts of replacement costs. The developer should indicate whether the cost estimates in the Sources and Uses budget assume the payment of Davis -Bacon wages and relocation benefits, if applicable. The pro forma must include a calculation of the return on investment to the developer. This will enable the City to comply with the new HUD requirement that it evaluate the reasonableness of the "level of profit or return on owner's or developer's investment in a project ". To date, HUD has provided no further guidance on this required evaluation. 3. Projected Rental Income. Include evidence that the rental income shown in the pro forma is reasonable and achievable. If proposing all rents to be for low- income households, please include a market study. 4. Section 3 and Section 504 Compliance. Describe the steps to be taken to comply with the federal requirement for maximum feasible participation of local low income residents and businesses in the development of federally funded projects. Describe how the project will be developed and operated so as to insure compliance with all relevant components of the Americans with Disabilities Act. S. Proposed Development Schedule. Taking as a starting point City Council approval of the proposed City loan, provide a proposed development schedule that includes the following milestones at a minimum: site acquisition, additional required loan commitments and funding from all other funding sources, zoning change approvals if necessary, preparation and approval of construction plans, start of construction, completion of construction, and lease -up. The schedule must reflect the fact that under the new HOME Program regulations the City cannot commit HOME funds to the project until it has completed its own underwriting, until the developer has obtained commitments for all additional required funds, and until the City and the developer have signed a loan agreement. 6. Current Tenants. Provide a listing of all tenants currently residing in the units, if applicable. 7. Exhibit B — Proposer'sStatement 8. Exhibit C — Certification of Nondiscrimination 9. ExhibitD — Non - Collusion Affidavit City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 8 19E -10 The rrooposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. XIV. DEVELOPER SELECTION — PROPOSAL AND EVALUATION Immediately following the submission deadline, the Community Development Agency will create a review panel composed of City staff from relevant City departments. Each member of this panel will evaluate and rank each proposal using the evaluation criteria listed below: 1. Demonstrated ability of the developer team to develop. Capacity to obtain such additional funding as may be necessary, to obtain the necessary entitlements, to successfully manage and complete the construction process as quickly as possible. Capacity to commit HOME funds prior to July 31, 2016, which means having all other financing in place prior to the commitment of HOME funds. (20 percent) 2. Demonstrated ability to manage affordable rental units so as to insure both ongoing compliance with affordability requirements and long term financial solvency. (15 percent) 3. Demonstrated readiness of the proposed project to proceed. Demonstrated site control and availability of financing. Appropriate zoning. Alignment with the City's Housing Element and Strategic Plan. (30 percent) 4. Proposed levels of affordability. (15 percent) 5. Extent to which City funds will be leveraged by outside funds as shown by sources and uses budget. (10 percent) 6. Anticipated cash flows as shown by the pro forma. (5 percent) 7. CHDO status (5 percent) 8. Capacity, ability and extent of effort to provide housing for homeless individuals and families. (10 percent bonus) Once the panel has completed its review of the submitted material it will invite the top rated proposers to an interview with the panel. XV. PUBLIC RECORDS Proposals will become public record after award of agreement. Interested offerors may submit a written request, with a self- addressed stamped envelope to receive results of the evaluation. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Submit your request to, City of Santa Ana Community Development Agency, Attn: Natalie Verlinich, Housing Programs Analyst, 20 Civic Center Plaza M -26, Santa Ana, CA 92701. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 1 �� =11 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT EXHIBIT A— SCOPE OF SERVICES I. INTRODUCTION The City of Santa Ana is soliciting proposals for the development of affordable housing projects from developers who are experienced, very knowledgeable of HUD programs and its requirements, financially creative and capable of developing, managing and maintaining high quality affordable housing. The City may only accept proposals for the Acquisition and Rehabilitation of Existing Residential Rental Projects. Any additional financing for a protect must be secured prior to July 31 2016 in order to be eligible for an award of funds. The maximum funding available will be as follows: - $1,199,869 in HOME Program funds that must be committed by July 31, 2016 - $161,007 in HOME Programs funds for Community Housing Development Organizations (CHDO) only - 50 Project -Based Vouchers from the Housing Authority of the City of Santa Ana for homeless individuals or families The financial data provided in this RFP is not guaranteed, and the availability of such funds is subject to change at any time. The City of Santa Ana makes no guarantee of the availability of funding for any particular applicant or project. The availability of 50 project -based vouchers is contingent upon proposals awarded under RFP # 15 -129 for 100 units of Permanent Supportive Housing. The Housing Authority also understands that a project where 100% of the units designated for homeless individuals or families could be one of many ways to serve the most vulnerable members of our community. As a result, the Housing Authority is willing to consider proposals for project -based vouchers wherein at least 50% of the project -based units are for homeless individuals or families and the remaining project -based units may be for individuals or families earning less than 30% Area Median Income. The submission of a proposal in response to this RFP does not commit the City to providing any funding to a proposed project. The City reserves the right to determine at its sole discretion how to disburse available funds, if at all. The selected developer will also have a demonstrated history of working cooperatively with surrounding neighborhoods in all phases of project development. Both nonprofit and for profit developers are eligible to apply, either individually or in partnership with other entities. Due to HUD's commitment deadlines for the City's funds, it is imperative that applicants be able to demonstrate site control for the existing property they propose to acquire and rehabilitate. HUD policy generally discourages the use of federal grant funds as the only financing source for housing projects. As a consequence, developers who can demonstrate the capability to make non - federal funds a significant part of the financing mix for their proposed project will score higher in the selection process than those who cannot. II. HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDING The City of Santa Ana (City) has adopted a Consolidated Five Year Plan (Plan) that governs its expenditure of formula grant funds received from the U.S. Department of Housing and Urban Development (HUD). The Plan identifies the development of affordable rental housing and homeownership as a high priority. It further stipulates that HOME Investment Partnership Act funds (HOME) may appropriately be used to meet these goals. A. DEVELOPMENT SITE PREFERENCES The City is not making any parcels it owns available for development through this RFP, and it will entertain proposals for suitable properties located anywhere in the City. However, the City prefers to maximize the positive impact of its limited federal housing development funds by concentrating their expenditure in targeted City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 10 19E -12 areas of the City. The City has identified five geographical areas where it has targeted significant public resources in the past, and where it would like to see additional resources targeted in the future. The four areas are known as follows: Cornerstone Village (Attachment 1), Townsend -Raitt (Attachment 2), Cedar - Evergreen (Attachment 3), and 1900 -2000 Myrtle Street (Attachment 4). Additional target areas are identified in the City's Housing Element. Both the Plan and the City's Housing Element identify affordable rental housing suitable for larger households as a high priority for the City. One of the rating criteria is the bedroom size of the proposed units. Project design and construction will be subject to and carried out in accordance with established City standards and procedures. In accordance with the City's Early Outreach policy (Attachment 5), the selected developer may be required to solicit significant neighborhood input during the design process. B. AVAILABLE FUNDS The financial data provided in this RFP is not guaranteed, and the availability of such funds is subject to change at any time. The City of Santa Ana makes no guarantee of the availability of funding for any particular applicant or project. [Please Note: the availability of up to 50 project -based vouchers is contingent upon proposals awarded under RFP # 15 -129 for 100 units of Permanent Supportive Housing.] The submission of a proposal in response to this RFP does not commit the City to providing any funding to a proposed project. The City reserves the right to determine at its sole discretion how to disburse available funds, if at all. In order for HOME funds to be committed, all other financing must be place, including Low - Income Housing Tax Credits. The City will provide a pre- commitment letter to those projects successful in receiving allocations through this RFP. HOME Program expenditures are limited to an amount equal to the maximum subsidy limit established by HUD for units based on bedroom size times the number of such units. The maximum subsidy limits are as follows: # of Bedrooms HOME Maximum Subsidy 0 $128,000 1 $148,000 2 $180,000 3 $235,000 4+ $255,000 Only HOME assisted units count toward the calculation of the HOME Program funds that may be invested in a project. HOME assisted units are deed restricted to rents and incomes eligible under the HOME Program. C. TERM OF AFFORDABILITY AND MAXIMUM ALLOWABLE RENTS The selected developer shall enter into a Loan Agreement with the City of Santa. This Agreement and other attendant documents shall provide for repayment of the loan. They shall also impose affordability covenants of no less than fifteen (15) years for acquisition /rehabilitation projects or until the City loan is repaid whichever is longer. HOME funded units must, at a minimum be affordable to very low and low income households. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 1k 'i3 As of the date of this RFP allowable rents are as follows: # of Bedrooms Maximum 30% Rent (2015 TCAC Limits) Maximum 50% Rent (Very Low/ 2015 Low HOME Rent) Maximum 65% Rent (Low/ 2015 High HOME Rent) 0 $492 $843 $1,076 1 $527 $903 $1,154 2 $633 $1,083 $1,387 3 $730 $1,252 $1,594 4 $815 $1,397 $1,759 Allowable rents must be reduced by a utility allowance for tenant paid utilities. HUD now requires that utility allowances be calculated for each project, and recommends using the model found at the following location: http://huduser.org/portal/resources/`utilmodel.html. D. LOAN TERMS City assistance will be offered in the form of a long term loan secured by a promissory note and a deed of trust recorded against the property. If necessary, this loan may be subordinated to loans from other lenders. The loan will carry a 3 percent interest rate payable through residual receipts over a period of fifty -five (55) years. At the close of each fiscal year and as part of a required annual audit, the developer will calculate the amount of residual receipts, and make an annual payment to the City in an amount equal to 50 percent of the residual receipts. E. DISCLOSURES • HUD has recently adopted significant changes to the rules governing the HOME Program. The full implications of these changes are not yet clear. The new rule can be accessed at: htto: / /oortal.hud.izov /hudi)ortal /HUD ?src = /program offices /comm _ planning /affordablehousing /programs/ home • All documents submitted to the City in response to the requirements of this RFP are subject to public records requests. This includes Financial Statements, pro formas and other information submitted in response to the new HUD requirement that the City review and evaluate the reasonableness of the return on the developer's investment in the project. The City cannot guarantee that these records will be kept confidential. • The City will require developers to enforce the federal occupancy standard of two persons per bedroom plus one. • The City utilizes rent and income tables developed by HUD, and for 30 percent of median rents, tables developed by the California Tax Credit Allocation Committee. Allowable rents and incomes may remain unchanged or may go down from one year to the next. Attainable rents may be significantly less than allowable rents. The City anticipates that HUD may release new rent and income tables for the HOME Program at some time during the next several months. Both may be lower than the current tables. • The City utilizes an Information Bulletin released annually by HUD to determine the maximum per unit HOME subsidy limits. The last such Bulletin was released May 31, 2012 with an effective date of January 1, 2012. When released, the new bulletin may increase or decrease the HOME subsidy limits applicable to this RFP. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 12 19E -14 • Projects with more than 11 (11) HOME Assisted or 8 Project -Based Voucher units are subject to Davis -Bacon wage requirements. • HUD regulations prohibit the use of federal funds to pay relocation costs for tenants without a legal right to reside in the United States. State law requires that they be paid for those costs. Consequently the City will require that they be paid out of a nonfederal funding source. • For acquisition /rehabilitation projects the City will require that the developer hire a professional relocation firm to develop and implement a relocation plan. The selected firm must be acceptable to the City. • Unless it will be rent and income restricted, HOME funds cannot be used to pay for the development of a resident manager's unit. • Under the newly revised HOME Program final rule, the City may not enter into a written agreement that commits HOME funds until all other required funding has been secured by means of a firm commitment, a budget and production schedule has been established, and underwriting completed. In order to facilitate this process, the City will require the selected developer to provide evidence of firm commitment for any additional funds required by the project within 30 days of the selection of their proposal. If the selected developer cannot provide the financing commitments, their proposal will be denied. The City must commit these HOME funds by July 31, 2016. As a consequence it is imperative that proposed projects be ready to move forward and additional required funding be readily available. Proposed development schedules must reflect this deadline. Under the newly revised HOME Program final rule, nonprofits wishing to be certified as CHDOs must have paid staff whose experience qualifies them to undertake CHDO activities. To act as a "developer," a CHDO must be in sole charge of all aspects of the development process, including design, financing and construction. CHDO rental projects "developed" by a CHDO must be owned by the CHDO. Two other CHDO roles and their requirements ( "owner" and "sponsor ") are described in Section 92.300 of the revised rule which is available on HUD's website. Nonprofits seeking HOME funding as CHDOs must identify which of these three roles they will play, and how they meet HUD's requirements. • The newly revised HOME Program final rule includes several mandated progress - related deadlines that will be incorporated into the developer's loan agreement, and that must be incorporated into the project's proposed timeline: o Construction must be underway within a year of the commitment of HOME funds HOME assisted rental units must be occupied by income - eligible tenants within 18 months of project completion. o HOME projects must be completed within four years of the commitment of HOME funds City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 1k 15 III. PROJECT BASED VOUCHERS The Housing Authority of the City of Santa Ana (SAHA) is soliciting applications from developers who are planning to acquire and rehabilitate existing rental housing within the jurisdictional boundaries of the City of Santa Ana, and who wish to secure Project Based Vouchers (PBVs) for their project to serve homeless individuals and families. Applications may be submitted by individuals, firms, or partnerships that individually or collectively have the knowledge, resources and experience necessary to develop and operate rental housing in accordance with the requirements of a HAP Contract. Projects which have already begun construction are not eligible for consideration. Depending upon the quality of submittals, SAHA may choose to enter into a PBV Agreement with one or more of the respondents, or with none of the respondents. The proposed Agreement to Enter into a HAP Contract (AHAP) will commit SAHA to making project based vouchers available for the selected project. The total number of vouchers available for commitment is 50. Continued availability of the vouchers will depend upon the developer's continued compliance with the requirements of the contract, and the continued availability to SAHA of sufficient numbers of vouchers to meet all such contractual obligations. Background and Objectives Public Housing Authorities (PHAs) can use up to 20 percent of their housing choice vouchers for PBVs. While PBVs reduce tenant mobility, they insure the availability of rental units at participating projects through the term of the contract, and so help a PHA to meet its basic objective of assisting its clients to obtain decent, safe and affordable rental housing. As a result, the Santa Ana Housing Authority (SAHA) Administrative Plan provides for the operation of a PBV Program utilizing up to 20 percent of its budget authority for that purpose. The Administrative Plan is available on the City's website at: http:// www. ci. santa- ana .ca.us /cda /HousingAuthority.asp Owners submitting responses to this RFP should be fully conversant with Chapter 17 of the Administrative Plan which details SAHA's PBV Program. In the event of any discrepancy between the Plan and the contents of this RFP, the Plan will prevail. Solicitation and Selection of PBV Proposals The Administrative Plan requires that SAHA must decide what housing type, new construction, rehabilitation or existing housing, will be used to develop project -based housing. SAHA has determined that rehabilitated rental housing is most appropriate, and is soliciting proposals for such projects. The Plan provides for two methods by which SAHA may solicit and select owners proposing to provide affordable rental housing to receive a PBV HAP Contract: 1. SAHA request for PBV Applications. SAHA may solicit applications by using a request for proposals process to select applications on a competitive basis. SAHA may not limit applications to a single site or impose restrictions that explicitly or practically preclude owner submission of proposals for PBV housing on different sites. 2. SAHA may select applications that were previously selected based on a different competition. This may include selection of a proposal for housing assisted under a federal, state, or local government housing assistance program that was subject to a competition in accordance with the requirements of the applicable program. This Request for Proposals (RFP) is issued in accordance with the first of these two methods. Applications may be submitted for qualified projects within the City of Santa Ana. All complete proposals received by the submission deadline will be rated and ranked by a review panel composed of SAHA and City of Santa Ana staff members. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 14 19E -16 As stipulated in the Administrative Plan, the review panel will use the following criteria but will not be limited to these criteria in their evaluation: • Experience as an owner in the tenant -based voucher program and owner compliance with the owner's obligations under the tenant -based program; • Extent to which the project furthers SAHA's goal of de- concentrating poverty and expanding housing and economic opportunities; • If applicable, extent to which services for special populations are provided on site or in the immediate area for occupants of the property; and • Extent to which units are occupied by families that are eligible to participate in the PBV program. Site Selection Standards It is SAHA's goal to select sites for PBV housing that provide for deconcentrating poverty and expanding housing and economic opportunities. In complying with this goal SAHA will limit approval of sites for PBV housing in census tracts that have poverty concentrations of 20 percent or less. However, SAHA will grant exceptions to the 20 percent standard where SAHA determines that the PBV assistance will complement other local redevelopment activities designed to deconcentrate poverty and expand housing and economic opportunities in census tracts with poverty concentrations greater than 20 percent, such as sites in: • A census tract in which the proposed PBV development will be located in a HUD - designated Enterprise Zone, Economic Community, or Renewal Community; • A census tract in which the proposed PBV development will be located is undergoing significant revitalization as a result of state, local, or federal dollars invested in the area; • A census tract where new market rate units are being developed where such market rate units will positively impact the poverty rate in the area; • A census tract where there has been an overall decline in the poverty rate within the past five years; or • A census tract where there are meaningful opportunities for educational and economic advancement. Existing and Rehabilitated Housing Site and Neighborhood Standards SAHA may not enter into an agreement to enter into a HAP Contract nor enter into a HAP Contract for rehabilitated housing until it has determined that the site complies with the HUD required site and neighborhood standards. The site must: • Be adequate in size, exposure, and contour to accommodate the number and type of units proposed; • Have adequate utilities and streets available to service the site; • Promote a greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low- income persons; • Be accessible to social, recreational, educational, commercial, and health facilities and services and other municipal facilities and services equivalent to those found in neighborhoods consisting largely of unassisted similar units; and • Be located so that travel time and cost via public transportation or private automobile from the neighborhood to places of employment is not excessive. Subsidy Layering Analysis Requirement Under the federal regulations, SAHA cannot enter into a PBV HAP Contract or AHAP Contract for new construction or rehabilitation projects until a subsidy layering analysis has been completed. Under current HUD procedures, this analysis will be prepared by the California Tax Credit Allocation Committee (TCAC) for projects selected to receive a tax credit reservation. For projects that SAHA has approved to receive PBVs but will not receive tax credits, SAHA will City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development r11 1b7 submit a request to HUD to perform the analysis. The purpose of this analysis is to insure that housing projects receiving assistance from HUD do not receive excessive compensation by combining various forms of HUD program assistance with assistance from other federal, state, or local agencies. Supportive Services One of the most important elements of providing housing for the homeless is ongoing supportive services that are wrapped around homeless individuals and families placed in housing. Under this RFP, the Scope of Services required for in the course of operating the Project -Based Voucher Program for homeless individuals and families will include, but not be limited to: 1. Performing intake of homeless individuals and families for participation in the Program; 2. Accepting referrals of homeless individuals and families from the Orange County Continuum of Care Coordinated Entry System or a homeless service provider approved by SAHA; 3. Placing homeless individuals and families into project -based housing units; Housing First Housing First is an approach that offers permanent, affordable housing as quickly as possible for individuals and families experiencing homelessness, and then provides the supportive services and connections to the community -based supports people need to keep their housing and avoid returning to homelessness. Housing provides a foundation from which a person or family can access the services and supports they need to achieve stability, begin the recovery process, and pursue personal goals. Housing First programs share critical elements: • There is a focus on helping individuals and families access and sustain rental housing as quickly as possible and the housing is not time - limited; • A variety of services are delivered primarily following a housing placement to promote housing stability and individual well- being; • Such services are time - limited or long -term depending upon individual need; and • Housing is not contingent on compliance with services — instead, participants must comply with a standard lease agreement and are provided with the services and supports that are necessary to help them do so successfully. A Housing First approach rests on the belief that helping people access and sustain permanent, affordable housing should be the central goal of our work with people experiencing homelessness. By providing housing assistance, case management and supportive services responsive to individual or family needs (time - limited or long -term) after an individual or family is housed, communities can significantly reduce the time people experience homelessness and prevent further episodes of homelessness. A central tenet of the Housing First approach is that social services to enhance individual and family well -being can be more effective when people are in their own home. The Housing First approach is strongly recommended for receiving and providing housing for referrals from the Orange County Continuum of Care Coordinated Entry System or a homeless service provider. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 16 19E -18 IV. DEVELOPER REQUIREMENTS AND RESPONSIBILITIES I. INSURANCE Prior to undertaking performance of work under this Agreement, Developer shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 1. Commercial General Liability Insurance. Developer shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Developer's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $2,000,000 per occurrence, $2,000,000 in the aggregate. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Developer is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Developer agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 4. The following requirements apply to the insurance to be provided by Developer pursuant to this section: a. Commercial general liability and business automobile insurance policies shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit B. Developer shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. b. Certificates of insurance shall be furnished to the City upon execution of this Contract and shall be approved in form by the City Attorney. c. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 5. If Developer fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Contract. Such termination shall not affect Developer's right to be paid for its time and materials expended prior to notification of termination. Developer waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development ea.w 17 19E -19 ii. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, Developer shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Contract (including, without limitation, defects in workmanship and /or materials) or Developer's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Developer, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Developer to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of the Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Developer. iii. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this Contract shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copy to: Housing Division Manager City of Santa Ana Community Development Agency 20 Civic Center Plaza (M -26) Santa Ana, CA 92701 Fax 714 - 667 -2225 f►rJfi47M 101_ti1I0 1 The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause. 1. In the event Developer fails or refuses to timely perform any of the provisions of this Agreement in the manner required, or if Developer violates any provision of this Agreement, Developer shall be deemed in default. City shall provide written notice of such default to Developer's Project Manager. Developer shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 18 19E -20 City may assess liquidated damages or terminate the Agreement forthwith by giving written notice to Developer's Project Manager. City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Developer shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Developer's default. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Developer either personally or by mail. Upon termination, City shall pay to Developer that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. The Developer may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred and eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, Developer shall give the City thirty (30) working days to cure the alleged breach. VI. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Developer shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Developer of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. vii. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. Developer shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Developer warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. viii. ASSIGNMENT Inasmuch as the Agreement is intended to secure the specialized services of Developer, Developer may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer; delegation or subcontract without the City's prior written consent shall be considered null and void. ix. JURISDICTION —VENUE This Contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Contract. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 19� 121 x. FINES The Developer shall be liable for all violation fines levied against the City by State or Federal Agencies and the Courts such as, but not limited to, oil or fluid leaks. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 20 19E -22 ATTACHIVIENT CORNERSTONE V[3 LAGE FROJECTAREA City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 1 k -'13 ATTACHMENTS TOWNSEND - RAITf PROJECT AM City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 22 19E -24 F- !alf _ 8 Ian f k J fezl 'Madison wl HOOD AV T re'¢a{ MADISON r r r __EDINGER AV- -- 1 t i CC fam ime iael T face < J ewa mlo{ tool fwo� rmo _ K ___ �. am�rem laia au ...lou rieiz Q _. _L._1___, 1 _ -., F �jI + r l rm 1 16 a 4� for 1 ..•— . �. .. la a tmp l wfa nczl K iwa ._. . ...,. lamG ,._.. 2 �te a f —{ .^ M/I .� Irm °a P ©MONA $T 1 O% im - �.--.4 - -� T TN ! -� nn �ua 11 1 ----------------------- __ _ tmzi 1me ufa{ nn _ IIp Y 1tt3� ( tl&1 -� r .. _ 1�' -y n]a 1ttf I . 1)fd_ J Irla I � � I1M IAW I - I f r IBRI I-' 1p 1rel ww gI iaoa mfn? W lya Ia�J;- late a�>tter F- 2 m 00OiDEHTA4 14ar 444 t i41 IWI q ] 1WP - g J e IBld Cedar Evergreen N Co-op 1-N ppair �; 1i'¢ *a• �I' School Parks w E BE i"4�l a tw aoo asa am 8 cq�greatta.uwyrorw✓Qe c ATTACHMENT 3 — CEDAR - EVERGREEN City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 16E �5 1 d tv City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 24 19E -26 ATTACHMENT 5: EARLY OUTREACH COMMUNITY MEETING Information regarding the City's Early Outreach Community Meeting requirement can be accessed here: http: / /www.santa- ana.org /pba /planning /documents /Sunshine Ordinance -Guide to Community Meetings.pdf City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 161f-�7 ATTACH ME NT 6: CITY OF SANTA ANA REHABILITATION STANDARDS PREFACE The primary purpose of these standards is to address the quality of workmanship and materials expected, and to achieve consistency throughout the program activities administered by the City of Santa Ana. These standards are not intended to reduce or exclude the requirements of any federal, state or local codes, standards, ordinances and regulations that apply to residential rehabilitation. WORKMANSHIP All work shall be performed in a professional and workmanlike manner. The quality and durability of the work shall meet or exceed the standards established by the construction industry and various trades. MATERIALS & EQUIPMENT • All materials and equipment shall comply with and be installed in accordance with the manufacturer's requirements and all applicable codes, standards, ordinances and regulations. If a discrepancy occurs between the requirements, the more stringent shall prevail. • Unless otherwise specified, all materials and equipment shall be medium grade. • Economy grade materials and equipment are unacceptable. • All materials and equipment shall be new, in excellent condition, and delivered to the job in the manufacturer's original packaging. • The description of materials and equipment found in this document establish a minimum standard. ENERGY EFFICIENCY, WATER CONSERVATION & RECYCLED MATERIALS To the extent possible and practical, standard measures related to energy conservation, energy efficiency, water conservation and the use of recycled materials have been incorporated herein. Gut rehabilitation or new construction of residential buildings up to three stories will be designed to meet the standard for Energy Star Qualified New Homes. Gut rehabilitation or new construction of mid or high rise multi - family housing must be designed to meet the American Society of heating, Refrigerating and Air - Conditioning Engineers (ASHRAE) Standard 90.1 -2004, Appendix G plus 20 percent. LEAD -BASED PAINT All housing built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. HUD's guidelines are available at http• / /www.hud.gov offices /lead /lbp /hudguidelines /index.cfm. BUILDING STANDARDS Minimum Standard • The site shall be hazard -free and sanitary. i The site and all paving shall drain away from the dwelling and accessory buildings, but not onto adjacent properties. • Paving and walkways shall be hazard -free and intact. • Landscaping and irrigation systems shall be hazard -free and in relatively good condition. All dead vegetation shall be removed. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 26 19E -28 • Fencing, walls and gates hazard -free and intact. All gates shall be in good working order. • The site shall be free from trash, debris and hazardous materials. • Accessory buildings shall be safe and sound. Paving • All new paving and walkways shall be constructed with concrete (2,000 PSI @ 28 days). • Driveways shall be reinforced with wire mesh. Sawn expansion- contraction joints shall be placed every 8 feet in both directions. • All paving and walkways shall be finished with a light broom texture. • All walkways shall be at least 3 feet wide. Sawn expansion- contraction joints shall be placed every 4 feet. Landscaping & Irrigation • To the extent possible and practical all new landscaping shall be drought resistant. • When a lawn is being replaced, the new lawn area shall be reduced to aid in the reduction of water consumption. • New irrigation controllers shall be weather or sensor based and EPA Water - Sense qualified. • All new irrigation systems shall be designed to conserve water. Fences, Walls & Gates • All new wood fences shall be made from good quality materials. They shall be properly supported with 4X4 pressure treated posts (8 feet O.C.) and 2X4 rails (top and bottom). The posts shall be embedded in a concrete footing at least 18" deep. • All new block walls shall be constructed with 6X8X16 concrete block. They shall be properly supported by a continuous footing and reinforced with steel bar. Minimum Standard • Roofs shall be safe and structurally sound. • Roof coverings shall be intact and watertight. • Roofing metal and flashing shall be intact and rust free. • Gutters and downspouts shall be intact and rust free. • Roof coverings with five or less years of useful life shall be replaced. Rehabilitation . Roofs that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • The replacement of roofing includes the replacement of all metal (roof jacks and flashing). • Gutters and downspouts shall be installed to properly discharge rain water run- off. Roof Coverings . 25 -year, 3 -tab, self - sealing composition shingle. Built -up membrane (hot mop) system on all flat roofs. • Lighter colored coverings are preferred for energy efficiency. Minimum Standard • Safe, structurally sound and watertight. Rehabilitation • Decks, balconies and railing that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 1�z 19 with the minimum standard will be achieved. Finishes • Zero or low VOC primers, paint and coatings. Minimum Standard • Safe and structurally sound. Rehabilitation • Ext. steps, stairways and railing that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Finishes • Zero or low VOC primers, paint and coatings. Minimum Standard • Safe and structurally sound. Rehabilitation • Foundations that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • If the project involves a gut rehab, raised foundations shall be completely insulated. Concrete • 2,000 PSI (minimum). Minimum Standard • Safe, structurally sound and watertight. Rehabilitation • Exterior walls that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • If the project involves a gut rehab, all exterior walls shall be insulated. Minimum Standard Y Safe, sound, weather -tight and in good working order. Rehabilitation • Exterior doors that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. New Doors • EPA Energy Star qualified, zero or low VOC finish. New Hardware • Reputable manufacturer, lifetime finish. Minimum Standard • Safe, sound and in good working order. Doors shall be impermeable (primed and painted). • Five or more years of practical utility. Rehabilitation • Garage doors and openers that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Minimum Standard i Windows shall be safe, sound, weather -tight and in good working order. • Windows that can be opened shall have a tight- fitting insect screen. • Five or more years of practical utility. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 28 19E -30 Rehabilitation . Windows that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. New Windows • Reputable manufacturer. • EPA Energy Star qualified. Minimum Standard s Homes built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. • All exterior paint shall be intact and free of corrosion. • Five or more years of practical utility. Rehabilitation • All surfaces to be painted shall be prepared properly. All loose material and peeling paint shall be removed. • All holes and cracks shall be filled and finished so that they blend into the surrounding area. • All stucco surfaces to be painted shall receive a complete and even coverage of stucco paint. • All wood surfaces to be painted shall receive a complete and even coverage of flat exterior paint. • Poor workmanship will not be tolerated. New Paint • Reputable manufacturer. • Highest quality available. • Zero or low VOC paint, caulking and fillers. Minimum Standard . Safe and structurally sound. • All plaster, drywall and paneling shall be safe and intact. Rehabilitation • Walls and wall coverings that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • If the project involves a gut rehab, the attic, walls and floor on raised foundations shall be insulated. FLOORS ••° COVERINGS Minimum Standard • Safe, sound and sanitary. • Five or more years of practical utility. Rehabilitation • Floor coverings that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Replacement Floor Coverings . Carpet & Pad (Reputable manufacturer, recycled materials). • Resilient Flooring (Reputable manufacturer, 10 year wear warranty). • Ceramic Tile (Reputable manufacturer) Minimum Standard • Safe, sound and in Rood working order. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 1kii • Five or more years of practical utility. Rehabilitation • Interior doors that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Replacement Doors & • Doors (Reputable manufacturer, masonite, raised panel). Hardware Hardware (Reputable manufacturer, lifetime finish). Minimum Standard Homes built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. • All interior paint shall be intact and corrosion -free. • Five or more years of practical utility. Rehabilitation • All surfaces to be painted shall be prepared properly. All loose material and peeling paint shall be removed. • All holes and cracks shall be filled and finished so that they blend into the surrounding area. • All surfaces to be painted shall receive a complete and even coverage of flat paint (semi -gloss in kitchens, bathrooms and laundry rooms). • Poor workmanship will not be tolerated. New Paint • Reputable manufacturer. • Highest quality available. • Zero or low VOC paint, caulking and fillers. • e Minimum Standard • Cabinets shall be safe, sound, sanitary and in good working order. • Countertops shall be safe, sound, sanitary and watertight. i Five or more years of practical utility. Rehabilitation • Cabinets and countertops that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Replacement Cabinets ! Reputable manufacturer. • Solid hardwood face - frames, door - frames and drawer fronts. • Metal and nylon drawerguides. • Low or zero VOC adhesives and finishes. Replacement Countertops • Reputable manufacturer. • 4" ceramic tile, 6" backsplash, bull -nose edge. Minimum Standard • Safe, sound, sanitary and in good working order. • Faucets shall (at a minimum) be equipped with a low -flow aerator. • Five or more years of practical utility. Rehabilitation • Kitchen fixtures, equipment and appliances that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 30 19E -32 Replacement Sinks • Reputable manufacturer. Minimum Standard • 18 -guage (minimum) stainless steel. Replacement Faucets • EPA Water -Sense qualified. • Reputable manufacturer. • Brass construction, metal housing. Replacement Disposals • Reputable manufacturer. • %: HP motor (minimum). Rehabilitation • Stainless steel swivel lugs. Replacement Dishwashers • EPA Energy Star qualified. • Reputable manufacturer. Replacement Range Hoods • EPA Energy Star qualified. • Reputable manufacturer. Replacement Ranges • Reputable manufacturer. f Pilot -free ignition. Replacement Faucets • Four sealed burners. • Self- cleaning oven with timer. Replacement Cook Tops • Reputable manufacturer. Replacement Toilets • Pilot -free ignition. • Four sealed burners. Wall Ovens • Reputable manufacturer. • Pilot -free ignition. • Self- cleaning oven with timer. BATHROOM EQUIPMENT Minimum Standard • Safe, sound, sanitary and in good working order. • Faucets shall (at a minimum) be equipped with a low -flow aerator. • Showerheads shall (at a minimum) be equipped with low -flow aerator. • Porcelain sinks shall be free from any cracks or chips. • Steel sinks shall be free from any rust or corrosion. • Five or more years of practical utility. Rehabilitation . Bathroom fixtures and equipment that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • Toilets that require more than 1.6 GPF shall be replaced regardless of their condition. Replacement Sinks + Reputable manufacturer. • Cast iron, white enamel finish. Replacement Faucets • EPA Water -Sense qualified. • Reputable manufacturer. f Brass construction, metal housing. Replacement Toilets . Reputable manufacturer. • EPA Water -Sense qualified (1.28 GPF) Replacement Tubs • Reputable manufacturer. • Cast iron body, white enamel finish, slip resistant bottom. • EPA Water -Sense qualified plumbing fixtures. Replacement Combination . Reputable manufacturer. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 161t- 33 Tub - Showers • Cast iron body, white enamel finish, slip resistant bottom. • 4" ceramic tile surround. • Anodized aluminum doors with tempered glass. • EPA Water -Sense qualified plumbing fixtures. Replacement Showers ! Reputable manufacturer. • 4" ceramic tile. • Anodized aluminum doorwith tempered glass. • EPA Water -Sense qualified plumbing fixtures. Replacement i Reputable manufacturer. Medicine Cabinets • Steel body, beveled mirror door. Towel BE & Toilet Paper • Reputable manufacturer. Holders • Metal construction, polished chrome finish. RVAII 94 0 1. WIN III Minimum Standard • Safe, sound and in good working order. • Five or more years of practical utility. Rehabilitation • Water heaters that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Replacement • Reputable manufacturer. Water Heaters (Tank) • EPA Energy Star qualified. • 40- gallon insulated tank. Replacement • Reputable manufacturer. Water Heater 6 EPA Energy Star qualified. (Tank -Less) Minimum Standard • Safe, sound and in good working order. minimum service. Rehabilitation • Electrical service panels, breakers and wiring that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • Knob and tube wiring shall be replaced regardless of its condition. • Overhead wiring from a dwelling to a detached garage or accessory building shall be installed underground regardless of its condition. ble manufacturer. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 32 19E -34 Service • 100 - ampere (minimum). Replacement Wiring • Romex (NM cable). OUTLETS ELECTRICAL SWITCHES/ Minimum Standard • Safe, sound and in good working order. • • Light fixtures shall (at a minimum) be equipped with CFL bulbs. i Exterior lighting fixtures used for security shall be equipped with a Five or more years of practical utility. motion sensor. Rehabilitation • Electrical switches, outlets and lighting fixtures that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are Practical, cost effective repairs are acceptable as long as compliance with the acceptable as long as compliance with the minimum standard will be minimum achieved. • All new light fixtures shall be U.L. approved and Energy Star qualified. Tune -up all HVAC equipment (as a minimum). • Outlets located within 6 feet of a source of water shall be ground fault • protected. • Exterior switches and outlets shall be weatherproof. Replacement i U.L. approved. Switches & Outlets Reputable manufacturer. Replacement ! Reputable manufacturer. Lighting Fixtures • U.L. approved and EPA Energy Star qualified. Minimum Standard . Additions and alterations that were constructed without a building permit and are clearly substandard shall be removed. • Garages converted to living quarters shall be returned to their original use. • Additions and alterations that were constructed without a building permit, but appear to be compliant, shall be inspected by the City's Building Official to determine if a building permit can be issued and they can be saved. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 19 335 Minimum Standard • Safe, sound and in good working order. • Five or more years of practical utility. Rehabilitation • HVAC that does not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • Tune -up all HVAC equipment (as a minimum). • Seal all ducts (as a minimum). • All new HVAC equipment shall be sized properly. Furnaces • Reputable manufacturer. • EPA Energy Star qualified. Central Air Conditioners • Reputable manufacturer. • EPA Energy Star qualified. Thermostats • Reputable manufacturer. • EPA Energy Star qualified. • Programmable. Minimum Standard . Additions and alterations that were constructed without a building permit and are clearly substandard shall be removed. • Garages converted to living quarters shall be returned to their original use. • Additions and alterations that were constructed without a building permit, but appear to be compliant, shall be inspected by the City's Building Official to determine if a building permit can be issued and they can be saved. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 19 335 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # the following: relating to 1. The City of Santa Ana, 20 Civic Center Plaza M -25, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M -25, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as part of Name Insured Countersigned by: Authorized Representative City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 34 19E -36 EXHIBIT C TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT PROPOSAL& CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting her approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to enter into an Agreement and /or furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non - Discrimination by Developers, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. 3i5 SIGNED AND PRINTED NAME TITLE City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development 1§ 3 7 DATE EXHIBIT D TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT PROPOSALAND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY DEVELOPER The undersigned Developer or corporate officer, during the performance of this contract, certifies as follows: The Developer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Developer shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Developer shall, in all solicitations or advertisements for employees placed by or on behalf of the Developer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Developer shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Developer's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Developer shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Developer shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Developers non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Developer may be declared ineligible for further Government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Developer shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 36 19E -38 means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Developer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the 8. Developer may request that the United States enter into such litigation to protect the interests of the United States. 9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any Developer violating this Section is subject to all the penalties imposed for a violation of the Chapter. 113 A SIGNED AND PRINTED NAME TITLE City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development eacLe 19 E 339 DATE EXHIBIT E TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT NON - COLLUSION AFFIDAVIT CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT NON- COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 38 19E -40