HomeMy WebLinkAbout19E - RFP - AFFORDABLE RENTAL HOUSING PROJECTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
REQUEST FOR PROPOSALS FOR FEDERAL
HOME AND CDBG FUNDED AFFORDABLE RENTAL
HOUSING PROJECTS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the Community Development Agency to release a Request for Proposals to qualified
affordable housing developers seeking proposals for federal HOME and CDBG funded affordable
rental project(s).
DISCUSSION
The City annually receives federal grant funds through the HOME Investment Partnership
Program (HOME) and the Community Development Block Grant (CDBG) for the development of
affordable housing. These funds must be committed by July 31, 2013 or risk deobligation by the
Department of Housing and Urban Development (HUD).
Staff is requesting authorization to distribute a Request for Proposals (RFP) (Exhibit 1) for
affordable rental projects to be developed in Santa Ana. The project types that are being solicited
are: acquisition and rehabilitation and/or new construction. The maximum funding available for
federal HOME is $2.8 million and up to $1 million for CDBG. The RFP will be issued on February
20, 2013 with proposals due March 25, 2013. Notices of funding availability will be placed on the
City's website, published in a general circulation newspaper, and directly mailed to local housing
developers who have previously shown an interest in housing development projects. The
selected developer(s) will be responsible for securing such additional funds as may be
necessary, for securing the land and constructing the improvements, as well as be responsible
for lease-up and operation of the projects.
Following review of all proposals, the recommendations will be submitted for City Council's final
approval.
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RFP Affordable Housing
February 19, 2013
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
11s? V - l l
Nancy T. Ed rds
Interim Exec ive Director
Community Development Agency
NTE/SLB/kg
Exhibit 1: Request for Proposals
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EXHIBIT 1
REQUEST FOR PROPOSALS
RFP 13-XXX
AFFORDABLE HOUSING DEVELOPMENT
CITY OF SANTA ANA
Community Development Agency
20 Civic Center Plaza
Santa Ana, CA 92701
Shelly Landry-Bayle
Housing and Neighborhood Development Manager
(714) 667-2250 Office
sland ry-bayle(W-santa-ana.orq
KEY RFP DATES:
Issue Date: Wednesday, February 20, 2013
Deadline to Submit Questions: Monday, March 11, 2013
Response Posted on City Website: Wednesday, March 13, 2013
Proposal Due Date: Thursday, March 25, 2013
Presentation/Interviews: Tentative April 3 - 9, 2013
Projected CRHC Review Date: Tuesday, April 16, 2013
Projected City Council Approval Date: Monday, May 6, 2013
at 5:00 p.m.
at 5:00 p.m.
at 12:00 p.m.
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
19E-3
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 Thursday, March 25, 2013 at 12:00 noon. If further information is required regarding this
Request for Proposals, contact Ms. Shelly Landry-Bayle, Housing and Neighborhood Development
Manager at (714) 667-2250 or slandry-bayle(a-santa-ana.orq.
MAILED, DELIVERED BY HAND, OR COURIERED proposals will be accepted as follows:
City of Santa Ana
Shelly Landry-Bayle, Housing Manager
Community Development Agency
20 Civic Center Plaza, Third 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 Shelly Landry-Bayle at
slandry-bayle@santa-ana.org.
The time the proposal is received in the Community Development Agency, 20 Civic Center
Plaza, 3rd 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 proposer unopened.
Telegraphic, electronic, and facsimile proposals will not be accepted.
ONLY SEALED RFP RESPONSES ARE ACCEPTABLE.
DO NOT E-MAIL RFP RESPONSES.
DO NOT FAX RFP RESPONSES.
City of Santa Ana Community Development Agency
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w
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT (RFP)
PAGE
1. INTRODUCTION 4
II. SCOPE OF WORK/SERVICES 4
III. GENERAL INFORMATION 4
IV. COORDINATION 5
V. DEVELOPER RESPONSIBILITIES 5
VI. CITY BUSINESS LICENSE 5
VII. RULES FOR PROPOSALS 5
VIII. PRE-PROPOSAL MEETING 5
IX. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS 5
X. ADDENDA 6
XI. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE 6
XII. MINIMUM QUALIFICATIONS 6
XIII. SUBMITTAL REQUIREMENTS 6
XIV. DEVELOPER SELECTION - PROPOSAL AND EVALUATION 8
XV. PUBLIC RECORDS 9
EXHIBIT A - SCOPE OF SERVICES
1. INTRODUCTION 10
A. DEVELOPMENT SITE PREFERENCES 10
B. AVAILABLE FUNDS 11
C. TERM OF AFFORDABILITY AND MAXIMUM ALLOWABLE RENTS 11
D. LOAN TERMS 12
E. DISCLOSURES 12
II. DEVELOPER REQUIREMENTS AND RESPONSIBILITIES 13
A. INSURANCE 13
B. HOLD HARMLESS / INDEMNIFICATION 14
C. NOTICE 15
D. TERMINATION 15
E. DEVELOPER OPTION FOR TERMINATION 15
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F. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS 16
G. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 16
H. ASSIGNMENT 16
1. JURISDICTION - VENUE 16
Attachment 1 Utility Allowance Table 18
Attachment 2 Cornerstone Village Project Area 19
Attachment 3 Transit Zoning District 20
Attachment 4 Townsend-Raiff Project Area 22
Attachment 5 Early Outreach Community Meeting 23
EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR GENERAL LIABILITY POLICY 26
EXHIBIT C PROPOSER'S STATEMENT: PROPOSAL AND CONTRACT AGREEMENT 27
EXHIBIT D PROPOSAL CONTRACT AND AGREEMENT - CERTIFICATION OF
NONDISCRIMINATION 28
EXHIBIT E NON-COLLUSION AFFIDAVIT 30
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A S+M
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT (RFP)
INTRODUCTION
a. The City of Santa Ana is issuing this Request for Proposals (RFP) for development of
affordable rental housing within the City. Proposed developments may entail either
acquisition and rehabilitation of existing units or new construction of affordable rental units.
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. This Exhibit A will be included in the
final Loan Agreement.
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 and HOME and
CDBG requirements, including but not limited to the California Vehicle Code and the Santa Ana
Municipal Code.
III. GENERAL INFORMATION
A. The term of the Loan 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 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 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.
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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 and HOME and CDBG regulations.
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.
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).
X. PRE-PROPOSAL MEETING
The City will not have a pre-proposal meeting for this Affordable Housing RFP.
XI. 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 the Housing Manager no later than Monday,
March 11 at 4:00 p.m. Significant interpretations or clarification will be made by an addendum to this
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RFP, which will be posted to the website. Addenda may become part of the agreement documents.
XII. 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 http://www.santa-
ana.org/finance/currentbidsandresu Its. asp. 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.
XIII. 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-mail proposals will not be accepted.
XIV. MINIMUM QUALIFICATIONS
Proposers shall have at minimum of five (5) years recent experience in the development and
operation of affordable rental housing projects.
XV. 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.
The letter must be signed in blue ink.
Statement of Qualifications (SOO). The SOQ must include the following components:
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 which is available on HUD's website. CHDO
certification from another jurisdiction will not be acceptable.
2. Developer Experience. A narrative describing recent affordable residential rental
development and management experience, with an emphasis on experience gained in the
last five years on projects similar to the one they are proposing.
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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. Financial Capacity. Description of financial strength and ability to obtain project financing,
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.
4. 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 20 pages, excluding front
and back covers, section dividers, and exhibits.
All project proposals must contain the following minimum submission requirements:
Project Description. Detailed and concise narrative describing the proposed project,
including at a minimum and as appropriate the development concept for the site or a
description (with photographs) of the facility 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
describe in detail how the project will be managed. The narrative must also address site
control, current zoning and any required zoning changes, anticipated development cost, City
funds required and required City loan terms, developer access to additional funds required.
This narrative should be accompanied by a site map showing the project's location.
2. Development Pro Forma that identifies the sources and uses of all funds necessary to
completion of the project, and that includes the project's anticipated cash flows over a
period of years equal to, at a minimum, 15 years for acquisition/rehabilitation projects,
20 years for new construction projects. 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.
3. Projected Rental Income. Include evidence that the rental income shown in the pro forma
is reasonable and achievable.
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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.
5. 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.
6. Exhibit B - Additional Insured Endorsement for Commercial General Liability Policy. Not
required until after Developer selection.
7. Exhibit C - Proposer's Statement
8. Exhibit E - Certification of Nondiscrimination
9. Exhibit F - Non-Collusion Affidavit
The proposal 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.
XVI. 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
the construction process, and to lease up units as quickly as possible. (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. (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)
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6. Anticipated cash flows as shown by pro forma. (10 percent)
Bonus Points: The City's desire is for the developer to have an office located in Orange
County, California. Additionally, the City wishes to have a project located in one of the three
target areas identified in this RFP, and to have a project which incorporates two and three
bedroom units suitable for larger families. For new construction projects, the City desires to
have a developer with demonstrated ability to engage the community in the planning and
development process.
XVIL 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: Shelly Landry-Bayle, 20 Civic Center Plaza M-37, Santa Ana,
CA 92701.
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CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT
EXHIBIT A - SCOPE OF SERVICES
1. INTRODUCTION
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 new construction and acquisition/rehabilitation of
affordable rental housing units as high priorities. It further stipulates that HOME Investment
Partnership Act funds (HOME) and Community Development Block Grant funds (CDBG) may
appropriately be used to meet these goals. As of the date of this Request for Proposals (RFP) the
City has approximately $2.8 million in HOME funds approximately $1 million in CDBG funds
available to commit to such activities.
In order to meet these goals, the City is soliciting proposals for the development of affordable
multifamily projects from developers who are experienced, financially creative and capable of
developing, managing and maintaining high quality rental housing. The City will entertain
proposals for either of these two types of projects:
• Acquisition and Rehabilitation of Existing Residential Rental Projects in the City of Santa
Ana
• New Construction of Residential Rental Projects in the City of Santa Ana
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 land they propose to develop or the existing facility they propose to
acquire and rehabilitate. HUD policy generally discourages the use of federal grant funds as the
only financing source for multifamily 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.
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 areas of the City. The City has identified three 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 three are known as follows: Cornerstone Village
(Attachment 1), Station District Transit Zoning Code (Attachment 2), and Townsend-Raitt
(Attachment 3). Please note that one of the rating criteria of this RFP is location of the proposed
project.
Both the Plan and the City's Housing Element identify affordable rental housing suitable for larger
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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
As of the release date of this RFP, the City has approximately $2.8 million in HOME Investment
Partnership Act funds that may be used for development of multifamily projects. 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. As of the date of this RFP, the
maximum subsidy limits were as follows:
Number of
Bedroom
s HOME Maximum
Subsidy
0 $132,814
1 $152,251
2 $185,136
3 $239,506
4 $262,903
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. As of the release date of this RFP, the City has approximately $1.0 million in
Community Development Block Grant funds that may be used for development of multifamily
projects. CDBG expenditures are not limited by the number of CDBG funded units in the project.
Allowable uses of these funds vary somewhat by fund type (HOME vs. CDBG) and project type
(acquisition/rehabilitation vs. new construction. The following table outlines the allowable uses of
these funds for this RFP:
Activity HOME CDBG
Acquisition of
Existing Project Yes Yes
Rehabilitation of
Existing Project Yes Yes
Land Acquisition for
New Construction Yes No
Soft Costs Yes Yes
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 over a period of thirty
years. They shall also impose affordability covenants of fifteen (15) years for
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acquisition/rehabilitation projects, twenty (20) years for new construction projects, or until the City
loan is repaid whichever is longer. HOME and CDBG funded units must, at a minimum be
affordable to very low and low income households. For projects located in the Transit Zoning
Code area, at least ten (10) percent of the units must be affordable to and occupied by households
with incomes at or below 30 percent of the area median income. As of the date of this RFP
allowable rents were as follows:
Beds Maximum
0% Rent Maximum
50% Rent (Very
Low Maximum
5% Rent
Low
0 $480 $843 1,076
1 $514 $903 1,154
2 $618 $1,083 1,387
3 $714 $1,252 $1,594
4 $796 $1,397 $1,759
Allowable rents must be reduced by a utility allowance for tenant paid utilities. A current utility
allowance table is attached as Attachment 4.
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 thirty (30) 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
• Financial Statements submitted to the City in response to the requirements of this
RFQ/RFP are subject to public records requests. Consequently the City cannot
guarantee that they 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.
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• Projects with more than 11 (11) HOME Assisted units are subject to Davis Bacon
wage requirements. CDBG funded projects with more than seven (7) total units
are subject to Davis Bacon wage requirements. However, CDBG funds can be
used to pay for such non-construction items as property acquisition and
architectural fees without triggering Davis Bacon 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.
• Federal regulations severely restrict the use of CDBG funds for new construction
projects. Certain support activities, including land acquisition can be funded by CDGB,
but only if those activities are carried out by a public agency or by a nonprofit entity. The
regulations do not address the eligibility of land acquisition carried out by a partnership
that includes a nonprofit corporation.
• Unless it will be rent and income restricted, HOME funds cannot be used to pay for the
development of a resident manager's unit.
II. DEVELOPER REQUIREMENTS AND RESPONSIBILITIES
A. 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:
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 there from 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
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limits not less than $1,000,000 per accident.
The following requirements apply to the insurance to be provided by Developer pursuant to this
section:
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.
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.
2. 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.
B. 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.
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 14
19E-17
C. 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:
Shelly Landry-Bayle
City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M37)
Santa Ana, CA 92701
Fax 714-667-2225
D. TERMINATION
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 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.
E. DEVELOPER OPTION FOR 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
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 15
19E-18
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.
F. 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.
G. 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.
H. 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.
1. 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.
J. 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 16
19E-19
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 17
19E-20
Allowances for
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ATTACHMENT 1
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 18
19E-21
ATTACHMENT 2
CORNERSTONE VILLAGE PROJECT AREA
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 19
19E-22
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City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 20
19E-23
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PREPARE: BY THE PLANININJS DIV13ON - [Irv of •.A,IIA ANA, CAL-FOR41A
ATTACHMENT 3
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 21
19E-24
R M? Overlay Zone 0 M2 Overlay Zone
ATTACHMENT 4
TOWNSEND - RAtTT PROJECT AREA
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 22
19E-25
City of Santa Ana - Planning and Building Agency
What You Need to Know About Your Early Outreach
Community Meeting
The Santa Ana City Council encourages pubk Input as early in the plannk% process as possible.
To accomplish this, selected develo pment projects regrdre a cwnnrJnlty mecting during the
administrative site plan reviewpcor:itm of thx app Iicatiun process.
If your project ras Into one of the toll owing categories, then you will be required to hold a
community meeting described in this guide.
• City-sponsored development pmjt&rts
• New residential projects containing 25 or mare unity, unless exempted for purposes of
affordable housing funding deadlines
• New non- resldentlal projects (including additio ns to existinX buildings) of 10,000 sgLmre
feet or more and which are subject to a Negative Declaration or Environmental InVact
Report as dafirw.d under the Cal Wernia Envlronniental Quality Act
• DeveIapment projects requiring a 7nne change, Specific Plan amendment or General
Plan amendment
Community Meeting Process
For the types of projects fisted above, it's important to hear frrsm thm community and address
their concerns early m the site plan review process. The purpose of this meeting is for you to
expIainthe proposal to residents and receive their Input_This meeting should arrcxnprlii-h the
followkig things:
• L•stabliiih a po Rive dialog between the development team and the ruffurunity
• Allow for project modification earyr n the pmrE:xy
¦ Avoid delays durng pub1c Iiear'mgs due to neighborhood roncnrrns
As a project applicant, you Arran„ P far and canduLt the meeting. The following twn pages
aLotlirou III hi steps you will "**d to foil ow.
ZI
ATTACHMENT S
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 23
19E-26
L. Submit Your Sire Hlm HeWew ", iGnrion to the Plan:ni:,c Division
For this step You v1M bllow the iistrw-inns in the Skee Plan Rvviuw nppliwLion checklist. A Planner wiI
tee assigned to help yuu with thisprocess.
Z. Set the Date acid rime and Arrarge frx a Laratinn
Your community meeting has to be held within t h a firsL 20 days otter you submit your situ plan
renvipw appicatkne. Nokiinji the meating within this tune period will rnwre that members of
the oommunity have the earliest opportunity to ccmment on your project and will help you to
avoid 4 e1 ay3 in the prncessinR of your appGcatlon_
Your oammunity meeting should be held either on a w".kn!gilt during the early evening hours
or on a sa!turday.
fie meeting must be held in any facility that 15 occessi14P to the public and that is no more than
I mile from the project site. If this type of facility isn't available, you may instead arrange, at
your own oxy*nse and snibject to avaHabiity, to use a City facility that is closest to the project
s ite.
3. vblaln the Mailing List
Ynrr will need to noLify at Iseast oiio occupant per dwelling unit having a valid US Postal Service
address within a 504 foot radius of the project site, as ?vpll as afI pro perty own ers within the
500 foot boundary.
You wlll need to arrange to have the rnni ft list prepared by eithrr a private address list
companyor other service capable of creating surh a mailing; list-
4. Pre arer and Sand meting Nnt"S
The notice you preepare. shah incl ude tha folowing items;
• The true, place and date of the community meneting
• A maw depicting the location of the subject property, including; [tie properties contained
within the notification boundary
• A brief deticriptioil of L I i a Prujtiwl
• Your contact information
T het nuLiod roust Lm wrkhm in Englsh and Spinish acid inefade instructions as to how to requesL
language interpretation services for those wishhig to have intFrpreetation during the community
meethig in languages other them English.
't'he notice must be mailed no less than 10 days before the rnrpting.
21
ATTACHMENT 5
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 24
19E-27
5. Post and Fubtish Meeting Notices
In xe&tino to nulling the notices or Lbe community meeting, yrxj will also need to post a notice
en the project site and publish the notice In a IncaI newspaper. Your case planner vdll provide
you with a template for the public notice and Instructio ns about pub Iishktg your notice in the
nawspaper. You may wish to augment any of these required notices with alternative forays of
co nw un ication, such as a-mail, websiles and hand distributed fliers.
6. Prepare for the Meeting
You vAl need to have presentaftm-sized graphs prepared of the concKAual project plans,
including at (past a site plan and exterior elevafkm drawings. Culared plans are easiest for the
pub Iiicto understand and you are encouraged to use them.
if any rnrmhum of the public have requested translation services in advance, you will need to
arrange to have an interpreter available during the rneeting. Requests for language
interpretation services must be. made hi writing and submitted to you no later than 48 hours
prior to the rneetkig.
7. At the Meeting
When, community members arrive you may find it helpful to provide them wish name tags and
offer thorn a sign-in form so that you may contact them later to give them project updates or
responses to specific questions. R is not mandatory that they provide you with their names or
contact information.
O„ring the wrnmurrity rnPating you will give a presentation detatina the components of the
proposed d emlop ment p roject and a description of any impacts or benefits to the comrrrunity.
Following your presentation members of thr public should have ample opportunity to ask
questions and provide feedback. You will need to prepare a detailed written record of the
merging.
8. After the Meeting
rollowing the meeting you wit need to provide Chu Planning Division a written retard of the
comments you received at the rnowting, as well as responses to questions and suggestions that
were. posed. You must ixuania this within lour days after the rnpntirig. You will also need to
submit an affidavit under penalty of perjury that the required community meeting was held in
compliance with this section ajong with rnpies of all notices, notification lists, rnaedng sign. In
sheets if available, site. postings, advertisements, or other corn municatlans used to publ-ncizc the
meeting. star win Include the meeting ntinutesand reslxxises as attachments to the
adrnIaistrative site plan review comments and wlII make them available on the City's website.
ATTACHMENT 5
LWE pl epae*11:
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 25
19E-28
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 #
relating to the following:
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 26
19E-29
EXHIBIT B
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.
FIRM
SIGNED AND PRINTED NAME
TITLE
EXHIBIT C
DATE
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 27
19E-30
TO BE INCLUDED IN PROPOSAL
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT
PROPOSAL AND 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 Developer's 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 means of enforcing such provisions, including sanctions for
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 28
19E-31
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.
FIRM
SIGNED AND PRINTED NAME
TITLE
EXHIBIT D
DATE
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 29
19E-32
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
who appeared before me.
, proved to me on the basis of satisfactory evidence to be the person(s)
Notary Public Signature Notary Public Seal
EXHIBIT E
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 30
19E-33
19E-34